Agenda

 

 

Council Meeting

 

14 June 2012

 

 

Text Box: Our Vision
“Our vision is for the Shire of Manjimup to be safe, healthy, prosperous and attractive through sustainable improvement of services, facilities and infrastructure.

Our Mission
“We are the appointed local government authority for the district of the Shire of Manjimup, responsible for the planning, delivery and maintenance of key services and infrastructure.  Our mission is to satisfy our community by meeting its needs and our statutory responsibilities in a planned and sustainable manner.”

Our Motto
“Celebrating our Diversity.”

 

 

 


 

 

 

SHIRE OF MANJIMUP – Council Meeting AGENDA

 

14 June 2012

 

 

 

 

Notice to all councillors

 

 

An Ordinary Meeting of Council is called for Thursday 14 June 2012 commencing at 5.30 pm in the Council Chambers.

 

 

 

 

 

 

 

 

________________________

Jeremy Hubble

Chief Executive Officer

 

 

6 June 2012

 

 

 

DISCLAIMER

 

The advice and information contained herein is given by and to the Council without liability or responsibility for its accuracy. Before placing any reliance on this advice or information, a written enquiry should be made to the Council giving the entire reasons for seeking the advice or information and how it is proposed to be used.

 

 

 

NB: Please note this meeting is being electronically recorded.


 

SHIRE OF MANJIMUP

 

  Council Meeting Thursday 14 June 2012

 

To be held

In the Council Chambers

 

Commencing at 5.30 pm

 

Agenda

 

 1.        DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS /PRESENTATIONS: (by Council):

 

2.         RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (Previously Approved):

 

2.1     Apologies:

 

2.2     Leave of Absence:

 

3.         PUBLIC QUESTION TIME / PUBLIC FORUM: (15 Minutes)

 

Under meeting procedure (Standing Orders) this is the only opportunity for members of the public to address Council.  There is no further opportunity to interject or question the Council or Staff during the meeting.

 

3.1         Public Question Time

 

The Shire President to invite members of the public who may wish to ask questions to come forward.

 

Questions can be asked on any Shire matter, not just on issues included in the meeting agenda.  Persons asking questions are entitled to a response.  If a matter requires further investigation, that response may be in writing.

 

3.2         Public Forum

 

The Shire President to invite members of the public who may wish to address Council on any matter to come forward.  The President may limit the time available to each member of the public to address Council.

 

4.         PETITIONS / DEPUTATIONS / PRESENTATIONS (by others):

5.         APPLICATIONS FOR LEAVE OF ABSENCE:

6.         CONFIRMATION OF MINUTES:

 

________________ / __________________

 

That the Minutes of the Ordinary Meeting of the Council held on
24 May 2012 be confirmed.

7.         DISCLOSURE OF FINANCIAL INTEREST:

 

Part 5, Division 6 of the Local Government Act 1995 requires that a member must disclose the interest of the member and the nature of the interest in writing before the meeting or immediately before the matter is discussed.

8.         ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION:

9.         NOTICE OF INTENTION TO MOVE SUSPENSION OF STANDING ORDERS AT CLOSE OF MEETING:

10.       MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:

11.       REPLIES TO QUESTIONS TO WHICH DUE NOTICE HAS BEEN GIVEN:

12.       COUNCIL OFFICERS’ REPORTS:

MAJORITY

ITEM

COUNCIL OFFICERS’ REPORTS

Page No.

 

 

STATUTORY SERVICES DIVISION

 

 

12.1

Planning & Sustainability

 

 

12.1.1

Consideration of Submissions to Proposed Amendment No. 1 to Shire of Manjimup Local Planning Scheme No. 4 - Lots 10282 and 10285 Pemberton-Northcliffe Road, Northcliffe

7

 

12.1.2

Proposed Home Business and Second-Hand Building at Lot 101 Towie Road, Middlesex

12

 

12.1.3

Request to Initiate Amendment No.4 to Shire of Manjimup Local Planning Scheme No.4 - Lot 4 South Coast Highway, Walpole

19

 

12.1.4

Proposed Change of Use from 'Dwelling' to 'Holiday House' at Lot 5 (8) Widdeson Street, Pemberton

31

 

12.1.5

Consideration of Final Adoption of Local Planning Policy LPS4 6.1.4 'Advertising of Planning Proposals'

36

 

12.2

Building Services

 

 

12.3

Environmental Health Services

 

 

12.4

Ranger & Emergency Services

 

 

12.5

Finance & Administration Services

 

 

12.5.1

Council Financial Payments April 2012

43

Absolute

12.5.2

Request to Write Off Debt - Shire of Manjimup Libraries.

46

 

12.5.3

Monthly Financial Activity Statement - April 2012

51

Absolute

12.5.4

Adoption of 2012/2013 Fees and Charges

55

 

 

WORKS DIVISION

 

 

12.6

Technical Services

 

 

12.7

Works & Services

 

 

12.8

Parks & Gardens

 

 

 

COMMUNITY SERVICES DIVISION

 

 

12.9

Community Services

 

 

12.9.1

KidSport Programme - Proposal to enter into Agreement with the Department of Sport and Recreation.

58

 

12.10

HACC Services

 

 

12.11

Library Services

 

 

12.12

Recreation Services

 

 

 

CORPORATE SERVICES DIVISION

 

 

12.13

Corporate Services

 

 

12.13.1

Proposed nominated future Regional Projects for Royalties for Regions Country Local Government Fund Regional

63

 

12.14

Information Technology Services

 

 

12.14.1

Review of Council Policy 8.1.2 ICT Systems Acceptable Use Policy

70

 

12.15

Occasional and Management Committees

 

 

12.15.1

Minutes of the Northcliffe Forest Park Management Committee Meeting held 23 May 2012

73

 

12.15.2

Minutes of Northcliffe Forest Park Management Committee Meeting 16 November 2011 - Request to Amalgamate Section of State Forest 40 with Northcliffe Forest Park

75

 

12.16

Advisory Committees

 

 

12.16.1

Minutes of the Walpole Townscape Committee held on 2 April 2012

80

 

12.17

CONFIDENTIAL ITEMS

 

 

_____________________  /  _____________________

 

“That the Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 81 of the Agenda with the exception of:

 


ATTACHMENT

APPENDIX

 

12.1.1        Consideration of Submissions to Proposed Amendment No. 1 to Shire of Manjimup Local Planning Scheme No. 4 - Lots 10282 and 10285 Pemberton-Northcliffe Road, Northcliffe      

 

PROPONENT

Planning South West

OWNER

TGK Nominees

LV Richards

LOCATION / ADDRESS:

Lot 10282 Pemberton-Northcliffe Road, Crowea

Portion of Lot 10285 Quenda Drive, Northcliffe

WARD:

Coastal

ZONE:

General Agriculture (Development Investigation Area)

DIVISION:

Statutory Services

FILE REFERENCE:

LPS4/1

LEGISLATION:

Planning and Development Act 2005

AUTHOR:

Geoff Benson

DATE OF REPORT:

14 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Council has received a proposal to amend Shire of Manjimup Local Planning Scheme No. 4 (the Scheme), to rezone Lot 10282 Pemberton-Northcliffe Road, Crowea and portion of lot 10285 Quenda Drive, Northcliffe from General Agriculture to Rural Residential.

 

Council initiated this Amendment at its Ordinary Meeting held on 16 June 2011. Subsequently, the Amendment was forwarded to the Environmental Protection Authority (EPA) and then advertised in accordance with the Town Planning Regulations 1967.

 

The purpose of this report is to consider the submissions received during the advertising period prior to Council determining whether or not to adopt the Amendment. A copy of the Amendment Document as initiated by Council and advertised is appended.

APPENDIX: 12.1.1(A)

 

PUBLIC Consultation Undertaken:

The proposed Amendment No.1 has been advertised in accordance with the requirements of the Town Planning Regulations 1967, following the receipt of advice from the EPA, by publishing a notice in the Manjimup Bridgetown Times on Wednesday 28 March 2012.  Letters were also sent to adjoining landowners and Government Agencies advising of the proposed amendment and of the opportunity to provide comment on the proposal if they so wished, in the 42 day advertising period that ended on Friday 11 May 2012.

 

There have been a total of Fourteen (14) submissions received during the public comment period referred to above.  A Schedule of Submissions is attached, which includes staff comment about each submission. No modifications to the Amendment are required in order to address the submissions.

ATTACHMENT: 12.1.1(1)

 

COMMENT (Includes Options):

 

Site Details

The Amendment Site is located within a Development Investigation Area identified in the Scheme.  The purpose of the Amendment is consistent with the strategic direction proposed for this land within Council’s Local Planning Strategy.

 

The Amendment Site is located to the north of Northcliffe and is accessed via Pemberton-Northcliffe Road. A location plan showing the relationship of the site to Northcliffe is included in Appendix A.

 

The proposed Amendment includes a Structure Plan over the entire 86ha site. This plan shows the creation of 44 rural residential lots ranging in size from 1.0ha to 3.58ha. The Plan includes a lot to be ceded to the Shire for the purposes of establishing a bush fire shed and emergency water supply.

 

Amendment Process

Once a Scheme Amendment has been initiated there is a statutory process that needs to be followed.  Referral to the EPA and public advertising were the first steps in this process. The steps of the process that are to be followed from this point forward are:

 

1.   Once advertising is concluded, all submissions received will be reviewed by Shire staff. The Amendment will then be tabled for Council’s consideration in the light of the submissions received. It is important to note that any modifications required by Council in order to address the submissions will be in the form of a request to the Minister for Planning rather than as a direction to the proponents of the Amendment.

2.   Council will consider the submissions and then determine whether to finally adopt the Amendment and recommend its approval to the Minister for Planning (either with or without modifications). Alternatively, Council may resolve to recommend the Amendment be refused by the Minister, giving reasons for this.

3.   The Amendment is then forwarded to the Western Australian Planning Commission, which will advise the Minister in relation to the Amendment. In many cases, modifications of the Amendment Documents are required by the Minister prior to approval. These are normally forwarded by the Shire to the proponents for their attention.

4.   Once the Minister has made a decision to approve an Amendment, the Western Australian Planning Commission will arrange gazettal, at which time the Scheme is formally amended and the modifications come into effect.

 

Issues Raised in Submissions

There were a number of issues raised in the public submissions received during the public comment period that finished on Friday 11 May 2012.  The issues raised during the public comment period are summarised below;

 

·   Lack of detailed a detailed Fire Management Plan – FESA;

·   Minor amendment to arrows on Structure Plan, detailing road connections to Lot 10281 – adjoining landowner;

·   Structure Plan shows Building Envelope within a drainage sump – adjoining landowner;

·   Concern of closeness of on-site waste disposal to water-way – adjoining landowner;

·   Lack of Public Open Space – A number of Submissions;

·   Only one entrance to larger subdivision from Pemberton-Northcliffe Road – A number of Submissions;

·   Two (2) of the lots don’t have road access – A number of Submissions;

·   Small Size of a number of the lots – A number of Submissions;

·   No Bicycle track from the estate to Northcliffe – adjoining landowner;

·   Only one entry/exit point to larger subdivision, in case of emergency – A number of Submissions;

·   Low standard of Telecommunications to Estate – adjoining landowner;

·   Concern over amount of vegetation to be cleared – adjoining landowner; and

·   Upgrade western side Rail Access Track for public access to Datchet Road and Northcliffe – fire control officer.

 

The Schedule of Submissions attached to this report has detailed staff comment and recommendations for Council to consider, in regard to each of the above issues received during the public submission period. None of the matters raised require modification of the Amendment. Some matters, such as minor variations to the Structure Plan will occur prior to finalising the Amendment. Matters relating to road access onto Pemberton-Northcliffe Road will be dealt with by proposed Amendment No.5, which will be tabled for Council consideration later in 2012.

 

Conclusion

The Amendment is the result of a prolonged period of consultation between the proponents, their consultants and Shire staff. The resultant Amendment adequately addresses the bulk of matters that affect a development of this type.

 

Further refinement of the Fire Management Plan and other supporting information will occur at the subdivision stage, in the event of successful rezoning.

 

There were no submissions received which would require any changes to the amendment documents. Therefore, Council is asked to consider final adoption of Amendment No.1 as presented with this report, by adopting the staff recommendation.

 

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Town Planning Regulations 1967.

 

Policy / Strategic Implications:

The proposed amendment is consistent with the Shire of Manjimup Local Planning Strategy as identified in the Amendment Document.

 

Financial Implications:

Nil.

 

Sustainability:

Environmental: The supporting information that has been provided with the Amendment Documents identifies that the development can occur in an environmentally responsible manner.

Economic: The development has the potential of generating economic activity in the area through lot creation and building activity. It will also provide a greater number of residents within close proximity to the Northcliffe Townsite in order to support existing and future services.

Social: The development will provide for rural residential activities within an attractive locale and within close proximity to natural attractions.

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council:

1.   Adopts the Schedule of Submissions and its recommendations as attached at Attachment 12.1.1(1); and

 

2.   Under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 (as amended), hereby amends Shire of Manjimup Local Planning Scheme No. 4 by:

 

a)    Rezoning Lot 10282 and portion of Lot 10285 Pemberton-Northcliffe Road, Northcliffe from General Agriculture to Rural Residential;

 

b)   Including Rural Residential Zone No. 28, Lot 10282 and portion of Lot 10285, Pemberton-Northcliffe Road, Northcliffe , within Schedule 2 Rural Residential – Additional Requirements and inserting specific provisions on use and development of the land as follows:

 

 

AREA No.28

SPECIAL PROVISIONS

Lot 10282 on Deposited Plan 203111 Pemberton-Northcliffe Road, Crowea and portion of Lot 10285 on Deposited Plan 203111 Quenda Drive, Northcliffe

1.    Subdivision and development is to be generally in accordance with the Structure Plan which formed part of Amendment No. 1 or a subsequent Structure Plan endorsed by the local government and the Commission in accordance with clause 6.4 of the Scheme.

2.    The local government will recommend to the Commission that no further subdivision of any lots beyond that identified on the Structure Plan made under clause (1) be permitted.

3.    The subdivider shall prepare and implement a Fire Management Plan to the satisfaction of the local government and the Fire and Emergency Services Authority, prior to the issue of subdivision approval.

4.    For the purposes of the Building Code of Australia, the zone is a designated bushfire-prone area.

5.    The lot identified on the Structure Plan made under clause (1) as “Strategic Fire Fighting Tank and Community Facilities Site” is to be ceded free of cost to the local government at the time of subdivision.

6.    The subdivider shall prepare an Urban Water Management Plan as a condition of subdivision and to the satisfaction of the local government.

7.    Unless a building envelope is shown on the Structure Plan for a particular lot, dwellings, outbuildings and effluent disposal systems are to be located in accordance with clause 5.36.2.3 of the Scheme.

8.    Suitable arrangements shall be made to the satisfaction of the local government requiring nutrient stripping alternative onsite effluent disposal systems to be placed on lots marked “ATU” as shown on the Structure Plan made under clause (1).

9.    A 20m wide vegetation buffer is to be planted along the boundary to Pemberton-Northcliffe Road to the satisfaction of the local government as a condition of subdivision.

10.   Suitable arrangements shall be made to prevent direct vehicular access to lots abutting Pemberton-Northcliffe Road.

c)    Deleting Lot 10282 and portion of Lot 10285, Pemberton-Northcliffe Road, Northcliffe from Development Investigation Area Nos. 3 and 4 as contained in Schedule 19; and

 

d)   Amending the Scheme Maps accordingly.

 

 

ATTACHMENTS

 

1

Schedule of Submissions

8 Pages

 

 

APPENDICES

 

A

Amendment No.1 Report

27 Pages

 

 ATTACHMENT

 

12.1.2        Proposed Home Business and Second-Hand Building at Lot 101 Towie Road, Middlesex      

 

PROPONENT

I T Moore

OWNER

I T & E Moore

LOCATION / ADDRESS:

Lot 101 Towie Road, Middlesex

WARD:

East

ZONE:

Priority Agriculture

DIVISION:

Statutory Services

FILE REFERENCE:

P51915

LEGISLATION:

Planning and Development Act 2005

AUTHOR:

Nathan McDonald

DATE OF REPORT:

15/05/2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Council is requested to consider the abovementioned planning application for the establishment of a ‘Home Business’ within a second-hand transportable building at Lot 101 Towie Road, Middlesex. The location plan is attached.

ATTACHMENT: 12.1.2(1)

 

The subject site has an area of approximately 13ha and is zoned ‘Priority Agriculture’ by the Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The proposal will be assessed against the provisions of both the Scheme and any applicable local planning policies.

 

The development application proposes:

·    The establishment of a home based business at Lot 101 Towie Road, Middlesex;

·    The siting of a 54m2 second-hand transportable building to function as an on-site office;

·    The construction of a 13.2m2 verandah which will attach to the second-hand transportable building;

·    The provision of toilet facilities adjoining the verandah; and

·    The construction of a bike shed.

 

It should be noted that the subject site currently contains a dwelling and a domestic outbuilding. A site plan and building elevations detailing the second-hand transportable building, are attached.

ATTACHMENT: 12.1.2(2)

 

The application is referred to Council for determination as a Home Business constitutes an ‘A’ landuse within a Priority Agriculture zone, which requires the approval of Council after advertising in accordance with clause 9.6 of the scheme. Also the second-hand building requires planning approval under clause 5.12.6 of the Scheme

 

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 14 day period to the East Ward Councillor and adjoining landowners. Council records indicate that letters were sent from the Shire Office on 3 May 2012 with submissions closing 17 May 2012.

 

No submissions were received as a result of the advertising period.

 

COMMENT (Includes Options):

The development application proposes the establishment of a home business, which has the following definition under the Scheme:

 

‘Home Business’ means a business, service or profession carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which –

 

a)   Does not employ more than 2 people not members of the occupier’s household;

b)   Will not cause injury to or adversely affect the amenity of the neighbourhood

c)   Does not occupy an area greater than 50m2;

d)   Does not involve the retail sale, display or hire of goods of any nature;

e)   In relation to vehicles and parking, does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use of calling of a vehicle more than 3.5 tonnes tar weight; and

f)    Does not involve the use of an essential service of greater capacity than normally required in the zone.

 

Compliance of the proposal with the abovementioned Scheme criteria is discussed below.

 

A letter of support submitted with the development application identifies that the business will employ a maximum of two people. The letter of support is attached.

ATTACHMENT: 12.1.2(3)

 

The office will be used primarily for printing and the digitising of map data collected in the field. The operation is not expected to have any adverse impact upon the amenity of the surrounding neighbourhood.

 

The subject site has sufficient room to accommodate employees’ vehicles on-site and is not expected to significantly increase neighbourhood traffic volumes with only two individuals being employed by the business. Vehicle traffic caused by business clientele is expected to be minimal.

 

The proposed development however, does not comply with Home Business floor area requirements prescribed within the Scheme. The maximum floor area for a home based business is 50m2. The relocatable building which is to be used as an office is 54m2. However, the over-sizing of the building is minor and would have little impact upon the amenity of the surrounding area. In spite of the minor nature of the over-sizing, local government are required under the Scheme to grant a variation.

 

Clause 5.5 of the Scheme provides provisions relating to the granting of variations to site and development standards. Clause 5.5.1 states:

 

Except for development in respect of which the Residential Design Codes apply, if a development is the subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme, the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit.

 

In order to grant a variation, the provisions of Clause 5.5.2 must be complied with. The provisions of Clause 5.5.2 are as follows:

 

In considering an application for planning approval under this clause, where, in the opinion of the local government, the variation is likely to affect any owners or occupiers in the general locality or adjoining the site which is the subject of consideration for the variation, the local government is to

 

i)  Consult the affected parties by following one or more of the provisions for advertising uses under clause 9.6; and

ii) Have regard to any expressed views prior to making its determination to grant the variation.

 

As previously mentioned, the proposed development was advertised to adjoining for a 14 day period. No comments were received during this time.

 

As no comments were received, local government is able grant approval for a variation to the scheme under clause 5.5.3 given that it is satisfied that:

 

i) Approval of the proposed development would be appropriate having regard to the criteria set out in clause 10.2; and

ii) The non-compliance will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.

 

Compliance with the Scheme

Section 5.30 of the Scheme prescribes requirements for the development of Home Businesses. These requirements relate specifically to: the responsibility of the permit holder to annually renew the issued planning permit; the right of the local government to rescind an approval if a nuisance is caused by the operation; and the inability of the permit holder to transfer or assign the approval to another person or transfer the permit to another lot.

 

Given the above, it is recommended that if Council resolves to approve the proposed home business, that conditions be included which:

 

·    Require the annual renewal of the planning permit; and

·    Under no circumstances will the permit issued for the approved home business be transferred or assigned to another person, or transferred from over the land in respect to which it was granted.

 

Additionally, it is also recommended that an advice note be added noting that local government have the ability to rescind an approval for a home business should the business be causing nuisance or annoyance to of land within the immediate locality.

 

Zoning

Section 5.34.2 of the Scheme prescribes the general provisions for development within the Priority Agriculture zone. Clause 5.24.2.5 identifies three planning criteria which must be considered when assessing a development application. The three criteria are as follows:

 

·     The availability of services required to support the proposed development and the economic impact of the provision of, extension and upgrading of those services that may be required;

·     The adequacy of the roads, existing or proposed in the area which may be needed to support the amount of road traffic expected to be generated by the development ; and

·     The need to enforce such conditions as the local government deems appropriate, in order to minimise any adverse effect the development may have on the general environment of the area.

 

The impact the proposed development will have on the surrounding area is relatively minimal. The home business will not require the establishment of any new services for support as it will be able to connect to  the current systems which service the dwelling (primarily power, water and wastes). It is confirmed that the on-site waste systems are adequate for dealing with the additional wastes created by the home business and proposed toilet. 

 

The business will employ a maximum of two individuals. Road traffic and noise generated by the operation is expected to be negligible. Onsite parking and crossover requirements are not expected to be provided as part of the development as the subject site is located within a primary agriculture zone.

 

Parking and crossover provisions are primarily requested where a development is undertaken within town centre or residential areas. As the home based business is to be established within a priority agriculture zone, it is felt that conditioning the provision of parking or crossovers would be overly onerous. Sufficient room exists onsite to cater for parking needs generated by the business and the sites existing gravel crossover/driveway is consistent with site accesses on surrounding properties.      

 

No adverse impact to the general environment surrounding the development area is anticipated as a result of the proposed home based business. 

 

Setbacks

The Scheme prescribes that within Priority Agriculture Zones, buildings are to be setback as follows:

 

Minimum Front Setback: 30m

Minimum Side Setback: 10m

Minimum Rear Setback: 30m

 

The proposed relocatable building is to be situated 330m from the front boundary, 70m and 120m from the side boundaries and approximately 330m from the rear boundary.

 

The proposed development complies with the prescribed setback requirements.

 

Compliance with LPS4 6.1.24 Home Occupations

Section 5.30.5 of the Scheme requires that local government have regard to the provisions of LPS4 6.1.24 Home Occupations when considering a Home Business application. However, the provisions included within the policy relate specifically to home businesses and home occupations located within town centre or residential zones, relating specifically to impacts upon amenity and infrastructure.

 

As previously discussed, the proposed development is located within a priority agriculture zone and is a substantial distance away from the nearest adjoining landowner. Therefore, the provisions of the Home Occupations policy are not considered to be relevant to this specific assessment.

 

Compliance with the Relocated Buildings Policy

Local Planning Policy LPS4 6.1.3 Relocated Buildings provides a set of guidelines for the assessment of relocated buildings. The policy identifies that for planning approval to be granted, the following information is required:

 

a)   A site plan showing the proposed location of the relocated building on the property;

b)   Plans and details of the relocated building, such as the original building permit;

c)   Photographs of the relocated building showing the external appearance;

d)   Details of modifications and other works to be carried out on the relocated verandahs, etc, including the estimated timing for these works to occur;

e)   Structural engineering certification of the relocated building under Clause 3.4 where required by the local government; and

f)    Results of testing for asbestos materials on the relocated building under clause 3.6 where required by the local government.

 

The submitted home based business application generally complies with the provisions of the relocated buildings policy, satisfying criteria a) through d). Photographs of the relocated building are attached.

ATTACHMENT: 12.1.2(4)

 

Criteria e) and f), as stated above, are only required where the Local Government suspects that:

·    the structural integrity of the identified relocatable building is questionable; or

·    The relocatable building may be constructed of materials which contain asbestos.

 

These requirements are thought not to apply to this development as the proposed relocatable building has:

·    Been constructed for the specific purpose of being moved; and

·    Was constructed in 1998 out of sandwiched foam construction and is considered unlikely to contain asbestos. 

 

Additionally, the policy requires that the local government consider the impacts of the relocated buildings appearance and the impact that it may have upon the surrounding environment.  Clause 3.2.1 of the Policy states that consideration shall be given to:

a)   The relocated building in its new position being rendered visually acceptable by the use of verandahs, screening and / or landscaping; and

b)   The design, scale and bulk of the relocated building being compatible with the type of buildings that exist in the locality in which it is to be located.

 

As is mentioned previously, the proposed development includes the addition of a 13.2m2 verandah which is to be constructed on the southern side of the relocated building. This addition will soften the appearance of the relocated building.

 

If Council resolves to approve the proposed development, it is recommended that a condition be placed upon the development permit requiring the construction of the identified verandah to ensure compliance with the policy.

 

With regard to the scale and bulk of the building, the relocated building is to be sited a significant distance from all surrounding property boundaries and will not be visible from the road. The size, scale and bulk of the relocated building are not considered relevant in this instance as it is not located in proximity to any other development. Subsequently, the development will have little impact upon the amenity of the immediate area.

 

Conclusion

The establishment of a home business at Lot 101 Towie Road, Middlesex is not anticipated to have an undue affect on the surrounding area. The development complies with the requirements of the Scheme and the Local Planning Policy applying to relocated buildings.

 

Given the above, it is therefore recommended that Council grant planning approval to the proposed home business and relocated building, granting a variation for the oversized nature of the building under clause 5.5.

 

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No.4.

 

Policy / Strategic Implications:

As discussed above, the proposed development has been assessed against the provisions of LPS4 6.1.3 Relocated Buildings. The proposed development satisfies the Policy requirements.

 

 

Financial Implications:

Nil

 

Sustainability:

Environmental: The proposed home business will have little impact upon the surrounding environment. It involves minimal construction and promotes the reuse of relocatable buildings.

Economic: The proposed home business provides Council with an opportunity to support the further development of a local business.

Social: The proposed development is not expected to have an impact on the surrounding areas amenity. The only impact that is expected to be caused is during the construction of the verandah and toilet block. However, this is expected to be minimal and will be of a short duration.

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval to the home business and second-hand relocated building on Lot 101 Towie Road, Middlesex in accordance with the submitted plans as attached at Attachment 12.1.2 (2) and subject to the following condition:

 

a)   The proposed verandah structure is to be constructed within six (6) months of relocation; (Planning & Sustainability)

 

b)  This planning approval for the home business is valid for a limited period only and will expire on the 30 June 2013 after which date the use shall cease, unless prior to that date an application is made to and approved by the local government after payment of the appropriate fee for the continuation of the use for an extended period; (Planning & Sustainability) and

 

c)   The home business planning approval cannot be transferred or assigned to any other person, and shall not be transferred from the land in respect of which it was granted without the authority of the local government. (Planning & Sustainability)

 

 

ATTACHMENTS

 

1

Locality Plan

1 Page

2

Site Plans and Elevations

4 Pages

3

Letter of Support

1 Page

4

Photographs of Relocatable Building

3 Pages

 

 


19

ATTACHMENT

APPENDIX

 

12.1.3        Request to Initiate Amendment No.4 to Shire of Manjimup Local Planning Scheme No.4 - Lot 4 South Coast Highway, Walpole      

 

PROPONENT

RPS

OWNER

DS & M Redman

LOCATION / ADDRESS:

Lot 4 South Coast Highway, Walpole

WARD:

South

ZONE:

Rural Conservation

DIVISION:

Statutory Services

FILE REFERENCE:

LPS4/4

LEGISLATION:

Planning and Development Act 2005

AUTHOR:

Geoff Benson; Roy Winslow

DATE OF REPORT:

14 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Council has received a proposal to amend its Local Planning Scheme No.4 to rezone Lot 4 South Coast Highway, Walpole from Rural Conservation to Rural Residential. The Amendment also proposes placing an additional use over part of the Amendment Site for the purposes of allowing tourist-based development.

 

This proposal is related to a November 2009 resolution by Council to entertain future rural residential use of the land through designating a Development Investigation Area (DIA). Subsequent discussions with the Department of Planning and the Proponent have resulted in a fully-developed amendment to rezone the land directly to Rural Residential rather than the preliminary step of inclusion in a DIA first.

 

The Amendment Site is located to the east of the Walpole Townsite adjacent to the Kaba Grove subdivision. A location plan is attached.

ATTACHMENT: 12.1.3(1)

 

If initiated, the proposed Amendment will be known as Amendment No.4 to the Scheme. A copy of the main Amendment Report is attached.  For the purposes of brevity, copies of all appendices have not been included but will be tabled for the record at the Meeting.

APPENDIX: 12.1.3(2)

 

The proposed Amendment includes a Structure Plan over the entire 23.1ha site. The plan shows the creation of 9 rural residential lots ranging in size from 1.27ha to 2.71ha and 1 tourism lot containing the 5 existing chalets. A copy of the Structure Plan is attached.

ATTACHMENT: 12.1.3(3)

 

The Amendment report provides a detailed justification for the Amendment. Consequently, this agenda item will relate primarily to the background to this application and the process of amending the Scheme. Reference should be made to the attachments for further details on the Amendment itself.

 

The proposed Amendment is tabled for the purposes of requesting initiation in accordance with Regulations 13 and 25 of the Town Planning Regulations 1967.

 

PUBLIC Consultation Undertaken:

Nil at this time.

 

COMMENT (Includes Options):

 

Background to Amendment

The Amendment currently before Council is the result of a number of key events that occurred during preparation of Local Planning Scheme No.4 (the Scheme). The following is a brief timeline of these events so that Council is made aware of the context from which the Amendment has formed.

 

1.   December 2003 – The Shire of Manjimup Local Planning Strategy is endorsed by Council. The Amendment Site is identified as having a future zone of General Agriculture with Low Density Tourism.

 

2.   October 2008 – Draft Local Planning Scheme No.4 was advertised for public comment with submissions closing on 28 January 2009. Within the draft Scheme, the Amendment Site was to be zoned Rural Conservation.

 

3.   22 January 2009 – A submission from the owners of the Amendment Site objecting to the proposed zoning was received (Submission 321 and subsequently Late Submission 15 on 17 February 2009).

 

4.   24 September 2009 – Council considered all submissions received on the draft Scheme. In relation to the Amendment Site, it resolved as follows (Resolution 24320):

 

That Council:

14.     Request Staff Administration to prepare a report with recommendations with respect to the possible promotion of an Omnibus Amendment to Local Planning Scheme No 4 following receipt of Final Approval to the Scheme by the Hon Minister for Planning and its publication in the Government Gazette addressing the following issues:-

 

b)       Possible Rural-Residential use and development of Lot 1, Lot 2 and Lot 4 of Nelson Loc 4172, South Coast Highway, Nornalup;

 

5.   12 November 2009 – Council considered the matter of possible rural residential development on the Amendment Site in accordance with the 24 September 2009 resolution. In relation to the Amendment Site, Council resolved as follows (Resolution 24393):

 

That Council request Shire Administration to:

 

A)      proceed with investigation of only the following land areas and issue with a view to preparing documentation for an Omnibus Amendment to be presented to Council for initiation as soon as practicable after Local Planning Scheme No 4 has become operative:-

 

3.    Remove all Rural Conservation connotations over Lots 4 & 5 South Coast Highway, Nornalup and those Lots be considered for inclusion within a Development Investigation Area for possible subdivision and development for rural residential purposes.

 

6.   25 March 2010 – Omnibus Amendment Submission prepared by RPS on behalf of the owners of the Amendment Site received in accordance with 12 November 2009 resolution.

 

7.   8 December 2010 – Local Planning Scheme No.4 gazetted with Amendment Site effectively rezoned from Rural (with and Additional Use for Holiday Accommodation) to Rural Conservation.

 

8.   19 January 2011 – Proposed Omnibus Amendment discussed with Department of Planning staff, who advised the Department was opposed to the numerous rezoning proposals being incorporated into an omnibus amendment. It was further recommended by the department that  all Rural Conservation lots in the vicinity (i.e. Lots 1, 2, 4 and 5) by rezoned to Rural Residential rather than have a Development Investigation Area designated. A preference was raised for all four lots to be contained in a single amendment, if practicable. After further discussion, it was agreed that Lots 4 and 5 (i.e. the lots south of South Coast Highway) be dealt with as a single amendment.

 

9.   30 March 2011 – Proponents advised that the owners of Lot 5 were not ready to commit to rezoning of Lot 5 at this time. Shire and Department of Planning staff advised of this and agreed to entertain an amendment over Lot 4 only.

 

10. 20 May 2011 – Proponents advise Shire staff that they have commenced preparation of the amendment documentation, including detailed environmental, fire management, geotechnical, water management, engineering, visual impact and cultural heritage assessments.

 

11. 10 February 2012 – First draft of the full amendment documentation received. After review by Shire staff, a request for modifications to be made was sent to the proponents on 6 March 2012.

 

12. 22 May 2012 – Final version of the amendment documentation received and processed for tabling at the Ordinary Council Meeting scheduled for 14 June 2012.

 

The resultant Amendment reflects the general intention of Council in its resolutions of September and November 2009. However, since this time, other factors have determined that the matter would be dealt with as a stand-alone amendment and to bypass the intermediary Development Investigation Area stage and rezone directly to the intended Rural Residential zone.

 

Consistency with Local Planning Strategy and Scheme Objectives

The proposed Amendment has been prepared to be generally consistent with the Shire’s endorsed Local Planning Strategy. A copy of the Local Planning Strategy land use plan for the Walpole Townsite is appended to this report.

APPENDIX: 12.1.3(A)

 

Item 10 in Table 12 - Summary of Land Use and Environmental Planning Considerations - Walpole Townsite and also referencing Figure 14 (appended), indicates the following:

 

Special Rural Zone 21a occurs on part of a small enclave of freehold land within a 2 km radius of the Nornalup townsite within the adjacent Shire of Denmark.  According to Denmark’s Rural Settlement Strategy (1999) the objective is to encourage the consolidation of the Nornalup townsite as a node of residential and tourist development.  Denmark’s strategy identifies land within a 2 km radius of Nornalup as having potential for possible future residential and tourist oriented services subject to liaison with the Shire of Manjimup where appropriate.

 

Given the steep topography and adjacent National Park, particular consideration of fire management provisions is required.

 

APPENDIX: 12.1.3(B)

 

It is noted that the existing zoning of Rural Conservation is inconsistent with its designation of General Agriculture on the Strategic Land Use Plan (contrary to the statement in section 3.1 of the Amendment Report, which is incorrect). Given this, the question now is to consider if rezoning to Rural Residential would remain consistent with the Scheme objectives for the Rural Conservation zone, namely:

·    The protection and enhancement of conservation and landscape values;

·    Encouragement of a high standard of servicing;

·    Manage development and land use change so that visual and environmental qualities are maintained and enhanced;

·    Encourage suitable development through control of the location, form, character and density of development; and

·    Encourage, where appropriate, the use of innovative design and clustering of houses.

 

The Amendment as proposed has incorporated a number of provisions that will allow future rural residential development to remain consistent with the above rural conservation objectives. It is noted that the Scheme objectives for the Rural Residential zone are not dissimilar, particularly in relation to:

·    Encourage the introduction of clearing and land management controls and restrictions and environmental repair where appropriate;

·    Facilitate the conservation of native vegetation, water courses and water bodies and other environmental features; and

·    Encourage opportunities for innovative design and clustering of houses to minimise the impact on adjacent land uses, protect landscape and remnant vegetation and to utilise the more efficient use of services.

 

It is the view of Shire staff, supported by Department of Planning advice, that rezoning the land from Rural Conservation to Rural Residential is not a significant departure from the endorsed Strategy, particularly given that the existing zoning itself does not reflect the original intention of General Agriculture. Given this, the Department of Planning has advised that the Amendment does not require formal Approval to Advertise, which is used in the event of an Amendment being inconsistent with an endorsed Local Planning Strategy or State Planning Policy.

 

Amendment Process

Council is being requested to initiate the Amendment. Until such time that initiation occurs the proposal remains outside of the legislative process that is dictated by the Planning and Development Act 2005 and the Town Planning Regulations 1967. There is also no avenue of appeal in the event that Council does not initiate an amendment.

 

Should Council resolve to initiate the Amendment, it needs to be mindful that once this act occurs, the Amendment is required to be processed and determined. Therefore, it is prudent that Council is satisfied that the Amendment is sufficiently justified and contains an appropriate level of detail before initiation. This is necessary in order to provide a high degree of confidence that the resultant development will meet the objectives of orderly and proper planning.

 

In this case, the proponents have worked with the Shire to ensure that sufficient information is provided to give Council this assurance. Therefore, Shire staff believe that there is sufficient justification to allow Council to make a fully informed decision on the request for initiation.

 

In the event of initiation the following will occur:

 

1.   Any modifications required by Council to the Amendment Documents will be undertaken by the proponents.

 

2.   The Amendment will be referred to the Environmental Protection Authority (EPA) in accordance with section 81 of the Planning and Development Act 2005. The EPA will review the Amendment under section 48A of the Environmental Protection Act 1986.

 

Advertising of the Amendment cannot occur until the EPA has provided a response as to whether formal environmental assessment of the Amendment is required. However, section 82 (2) (b) of the Planning and Development Act 2005 allows Council to advertise after 30 days in the event that there has been no response from the EPA.

 

In most cases, formal review of a Scheme Amendment under the Environmental Protection Act 1986 is not required for a proposal of this nature. However, the EPA may provide advice on environmental issues associated with the Amendment. These are then considered in the light of the proposal and the level of environmental reporting provided by the proponents.

 

3.   Once the requirements of sections 81 and 82 of the Planning and Development Act 2005 have been addressed, advertising of the Amendment will occur. As the Amendment is consistent with Council’s Local Planning Strategy, the Shire will have delegated authority to advertise the Amendment without the formal approval of the Western Australian Planning Commission. The advertising requires a 42 day public submission period. The following forms of advertising are proposed in the event Council initiates the Amendment:

a.   Referring the Amendment to the following agencies for comment:

i. Department of Environment and Conservation

ii.  Department of Water

iii. Department of Agriculture and Food

iv. Department of Indigenous Affairs

v.  Department of Mines and Petroleum

vi. Department of Health

vii.          Fire and Emergency Services Authority

viii.         State Heritage Office

ix. Main Roads WA

x.  Western Power Corporation

xi. Telstra Corporation

xii.          Shire of Denmark (as neighbouring Shire)

b.   Placing a newspaper notice informing of the Amendment and requesting comments in writing within 42 days.

c.   Uploading details of the Amendment to the Shire’s website during the 42 day advertising period.

d.   Writing letters to adjoining private landowners informing them of the Amendment and inviting written comments within the 42 day advertising period.

e.   Placing a sign on the site informing of the Amendment and inviting written comment within the 42 day period. This sign will remain on site during the 42 day period. The Sign will be placed in a safe location on South Coast Highway in front of Lot 4.

4.   Once advertising is concluded, all submissions received will be reviewed by Shire staff. The Amendment will then be tabled for Council’s consideration of it in the light of the submissions received. It is important to note that any modifications required by Council in order to address the submissions will be in the form of a request to the Minister for Planning rather than as a direction to the proponents of the Amendment.

5.   Council will consider the submissions and then determine whether to finally adopt the Amendment and recommend its approval to the Minister for Planning (either with or without modifications). Alternatively, Council may resolve to recommend the Amendment be refused by the Minister, giving reasons for this.

6.   The Amendment is then forwarded to the Western Australian Planning Commission, which will advise the Minister in relation to the Amendment. In many cases, modifications of the Amendment Documents are required by the Minister prior to approval. These are forwarded by the Shire to the proponents for their attention.

7.   Once the Minister has made a decision to approve an Amendment, the Western Australian Planning Commission will arrange gazettal, at which time the Scheme is formally amended and the modifications come into effect.

 

The entire process is expected to take approximately 12-18 months where there is no requirement from agencies for additional studies or other changes in order to allow the Amendment to proceed.

 

Amendment Report

The Amendment Report has been reviewed by Shire staff and is generally supported.  The change of the zone for the subject land from Rural Conservation to Rural Residential is supported.  The land has already been excluded from agricultural use by being zoned rural conservation.  Therefore it will not further impact on agricultural land, which is a major consideration of State Planning Policy 2.5.

 

The subject land is currently being used for tourist chalets.  The chalets will remain after the rezoning through the application of an “Additional Use” in Schedule 9 of the Scheme.

 

Supporting Information

In addition to the main Amendment Report, a number of supporting documents have been included in the Amendment as appendices. The information provided includes:

 

1.   Geotechnical and Effluent Disposal Investigation;

2.   Environmental Assessment Report;

3.   Preliminary Engineering Report;

4.   Fire Management Plan;

5.   Visual Impact Assessment;

6.   Cultural Heritage Assessment; and

7.   Local Water Management Strategy (LWMS).

 

The information provided addresses all identified matters that relate to future development of the Amendment Site. Of critical consideration was the land’s proximity to the Nornalup Inlet and its location in a visually significant area. Given this, the Amendment is supported by detailed environmental, geotechnical, water management and visual impact assessments.

 

The recommendations contained in these reports are reflected in the proposed Scheme provisions relating to development of the site and within the Structure Plan. In order to further address visual impact on housing within the site, it will be necessary for design guidelines to be prepared as a local planning policy prior to development on each proposed lot.

 

All of the above information has been reviewed by relevant Shire staff and will also be assessed by relevant agencies in the event the Amendment is initiated. Copies of all of this information will be tabled for the record at the Meeting.

 

Fire Management Plan

An indicative Fire Management Plan has been prepared to support the Amendment. This plan has identified the Strategic Fire Breaks necessary to serve the Amendment Site. These have been reflected on the Structure Plan and are supported by Shire staff.

 

A more detailed Fire Management Plan will be required at the subdivision stage. This is reflected in the Scheme Provisions proposed for the site.

 

The Fire Management Plan has established the emergency fire access arrangements for the subdivision, including a strategic fire break along the boundary of the property. The access arrangements shown on the Structure Plan are consistent with Planning for Bushfire Protection guidelines and are supported by Shire staff.

 

Structure Plan

The Structure Plan shows a total of 10 rural residential lots.  Lot 4 shown on the Structure Plan is to be designated as a 5.76ha tourist lot and will have the existing chalets on it after the future subdivision is complete. The structure plan shows the associated road for the proposed development, a public access way and access to a dam on the property for fire fighting purposes.

 

During preparation of the Structure Plan, Shire staff and the proponents examined ways in which the internal road could extend at a later date to serve Lot 5 to the east. After ground investigation, this was proven to be environmentally difficult as it would require crossing of a wet area and loss of vegetation along the eastern boundary.

 

In order to achieve two access/egress points in accordance with Planning for Bushfire Protection Guidelines, the Structure Plan includes provision for public access way that will act as an emergency vehicle access onto South Coast Highway. As the lot is bounded by Nornalup Inlet on the south and National Park to the west and southeast, there is no ability to escape from the property in these directions, limiting access to the north onto the Highway only.

 

At the time of subdivision, the Strategic Fire break shown on the Structure Plan will be excised and placed in the control and management of the Shire of Manjimup.

 

The Structure Plan submitted with the Amendment is supported by Shire staff for the purposes of advertising the Amendment.

 

Scheme Provisions

As part of the rezoning of the land, the Amendment proposes the inclusion of a number of Special Provisions relating to the use and development of the Amendment Site.

 

The Special Provisions are proposed as follows:

 

AREA No.30

SPECIAL PROVISIONS

Lot 4 on Diagram 57780 South Coast Highway, Walpole

1.    Subdivision and development is to be generally in accordance with the approved Structure Plan, which forms part of Amendment No. 4 to Local Planning Scheme No. 4, or a subsequent Structure Plan endorsed by the Local Government and the Western Australian Planning Commission (WAPC) in accordance with Part 6.4 of the Scheme;

2.    At the time of subdivision, the subdivider shall prepare and submit an Urban Water Management Plan (UWMP) or similar document, to the satisfaction of the Local Government and the Department of Water (DoW). A condition of subdivision will require the approved UWMP to be implemented to the satisfaction of the Local Government and the Department of Water;

3.    Pursuant to Section 150 of the Planning and Development Act 2005, a restrictive covenant shall be lodged on the Certificate of Title preventing vehicle access onto the South Coast Highway from any proposed lots;

4.    Upon the construction of the internal access road, all existing driveways from the South Coast Highway to the site shall be removed;

5.    At the time of subdivision, the subdivider shall implement, to the satisfaction of the Local Government, the endorsed Fire Management Plan, which is applicable to the Structure Plan Area;

6.    At the time of subdivision, the subdivider shall place a Section 70A (Transfer of Land Act 1893) notification on the certificates of title advising landowners that a Fire Management Plan has been prepared and approved over the property.

7.    For the purposes of the Building Code of Australia, the Amendment Site is a designated bushfire-prone area, the provisions of AS3959 – 2009 apply and shall be read in conjunction with the recommendations of the fire management plan to be prepared and implemented for the subject land.

8.    Development is to be in accordance with design guidelines made as a local planning policy under Part 2 of the Scheme.

 

The scheme amendment also proposes additional use provisions for a part of the subject land. 

 

The Additional Use Provisions are detailed below;

 

ZONE

IDENTIFICATION

ADDITIONAL

PERMITTED USE

CONDITIONS OF USE

A11

Lot 4 on Diagram 57780 South Coast

Highway, Walpole

1.   Chalets;

2.   Caretakers Dwelling;

3.   Holiday Accommodation

 

1.   The continued development of the nominated ‘tourist’ lot on the Structure Plan (being proposed Lot 4 only) for tourist-related purposes and any future expansion within the lot shall be generally in accordance with the Structure Plan endorsed for the subject land.

2.   The Additional Uses specified shall be deemed to be an “A” use for the purposes of the Scheme.

 

Conclusion

The Amendment is the result of consultation between the proponents, their consultants and Shire staff and is directly related to Council’s previous resolutions regarding the future zoning of the site.

 

The Amendment adequately addresses the matters that affect a development of this type and given its sensitive location. Critically, detailed work on environmental and visual impacts and bush fire protection has been undertaken and is reflected in the Scheme Provisions for the site.

 

Further refinement of the Fire Management Plan and other supporting information will occur at the subdivision stage, in the event of successful rezoning.

 

Shire staff recommend that Council initiates the Amendment for the purposes of agency and public consultation.

 

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Town Planning Regulations 1967.

 

Policy / Strategic Implications:

The consistency of the existing zoning and this Amendment proposal to the endorsed Local Planning Strategy is discussed above.

 

Financial Implications:

Nil.

 

Sustainability:

Environmental: Rezonings of the type proposed by this Amendment will have environmental impacts that need to be addressed. Inherent in the Scheme Amendment process is a review of the proposal by the Environmental protection Authority, which has the power to require formal Environmental Impact Assessment or to provide informal advice on how to mitigate potential impacts. Critically, this Amendment is supported by a number of studies that assess the environmental impact the development will have and identify strategies for managing this impact. 

Economic: The Amendment Site currently provides quality tourist accommodation in an attractive and accessible area. The proposal seeks to protect this use, whilst allowing other portions of the property to be developed for rural residential uses. This may provide the landowners the ability to realise a portion of the asset by selling land not critical to the tourist accommodation, as well as provide additional rural residential land in close proximity to Walpole.

Social: The most significant social impact this Amendment may have relates to visual impact in an area frequented by tourist traffic and of high landscape value to the community. The Amendment seeks to address visual impact through the Visual Impact Assessment that has been conducted. This work will need to be supported by design guidelines controlling the development of housing on the lots, should the development proceed.

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council:

1.   In pursuance of section 75 of the Planning and Development Act 2005 amends Shire of Manjimup Local Planning Scheme No. 4 by:

 

a)    Rezoning Lot 4 on Diagram 57780, South Coast Highway, from the Rural Conservation zone to the Rural Residential;

 

b)   Including Rural Residential Zone No. 30, Lot 4 on Diagram 57780, South Coast Highway, Walpole within Schedule 2 Rural Residential – Additional Requirements and inserting specific provisions on use and development of the land as follows:

 

1.    

1.    

1.    

1.    

1.    

AREA No.30

SPECIAL PROVISIONS

Lot 4 on Diagram 57780 South Coast Highway, Walpole

1.     Subdivision and development is to be generally in accordance with the approved Structure Plan, which forms part of Amendment No. 4 to Local Planning Scheme No. 4, or a subsequent Structure Plan endorsed by the Local Government and the Western Australian Planning Commission (WAPC) in accordance with Part 6.4 of the Scheme;

2.     At the time of subdivision, the subdivider shall prepare and submit an Urban Water Management Plan (UWMP) or similar document, to the satisfaction of the Local Government and the Department of Water (DoW). A condition of subdivision will require the approved UWMP to be implemented to the satisfaction of the Local Government and the Department of Water;
3.     Pursuant to Section 150 of the Planning and Development Act 2005, a restrictive covenant shall be lodged on the Certificate of Title preventing vehicle access onto the South Coast Highway from any proposed lots;
4.     Upon the construction of the internal access road, all existing driveways from the South Coast Highway to the site shall be removed;
5.     At the time of subdivision, the subdivider shall implement, to the satisfaction of the Local Government, the endorsed Fire Management Plan, which is applicable to the Structure Plan Area;
6.     At the time of subdivision, the subdivider shall place a Section 70A (Transfer of Land Act 1893) notification on the certificates of title advising landowners that a Fire Management Plan has been prepared and approved over the property.

7.     For the purposes of the Building Code of Australia, the Amendment Site is a designated bushfire-prone area, the provisions of AS3959 – 2009 apply and shall be read in conjunction with the recommendations of the fire management plan to be prepared and implemented for the subject land.

8.     Development is to be in accordance with design guidelines made as a local planning policy under Part 2 of the Scheme.

 

 

c)    Including Additional Use A11, Lot 4 on Diagram 57780, South Coast Highway, Walpole within Schedule 9 Additional Uses and inserting specific additional permitted uses and conditions over the land as follows:

 

ZONE

IDENTIFICATION

ADDITIONAL

PERMITTED USE

CONDITIONS OF USE

A11

Lot 4 on Diagram 57780 South Coast

Highway, Walpole

1.     Chalets;

2.     Caretakers Dwelling;

3.     Holiday Accommodation

1.     The continued development of the nominated ‘tourist’ lot on the Structure Plan (being proposed Lot 4 only) for tourist-related purposes and any future expansion within the lot shall be generally in accordance with the Structure Plan endorsed for the subject land.

2.     The Additional Uses specified shall be deemed to be an “A” use for the purposes of the Scheme.

 

 

d)   Amending the Scheme Maps accordingly.

 

2.   Numbers the abovementioned Amendment as Number 4 to Shire of Manjimup Local Planning Scheme No. 4.

 

3.   Instructs the Chief Executive Officer to advertise Amendment No.4 in accordance with the Town Planning Regulations 1967 once the advice of the Environmental Protection Authority has been received.

 

 

ATTACHMENTS

 

1

Locality Plan

1 Page

2

Rezoning Submission

22 Pages

3

Proposed Structure Plan

1 Page

 

 

APPENDICES

 

A

Walpole Land Use Plan

1 Page

B

Figure 14 Walpole Townsite - Land Use and Environmental Considerations

1 Page

 

 


31

ATTACHMENT

 

12.1.4        Proposed Change of Use from 'Dwelling' to 'Holiday House' at Lot 5 (8) Widdeson Street, Pemberton      

 

PROPONENT

Macedon Ranges Machinery Pty Ltd

OWNER

Macedon Ranges Machinery Pty Ltd

LOCATION / ADDRESS:

Lot 5 Widdeson Street, Pemberton

WARD:

West

ZONE:

Residential R20

DIVISION:

Statutory Services

FILE REFERENCE:

P52767

LEGISLATION:

Planning and Development Act 2005

AUTHOR:

Kaylene Roberts

DATE OF REPORT:

22 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Council is asked to consider the abovementioned planning application requesting approval for a change of use from ‘Dwelling’ to ‘Holiday House’ at Lot 5 (8) Widdeson Street, Pemberton.  The locality, site and floor plans are attached.

ATTACHMENT: 12.1.4(1)

 

The property has an area of 1,046m² and is located in an area zoned ‘Residential’ under the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) and has a development density of ‘R20’.  Additionally, the property is located within a planning precinct (Pemberton Precinct 4).

 

The application proposes the following:

·    The establishment of a holiday house in an existing dwelling at Lot 5 Widdeson Street, Pemberton.

·    Ongoing management of the holiday house will be undertaken by the applicant.  All bookings will be made through the proponent.  The proponent will undertake the day to day duties and be on call for any issues that may arise.

·    There is ample off street parking including a carport.

·    No signage is proposed for the proposed holiday accommodation.

·    The proponent has stated that they have public liability insurance and will update to include the cover for the property being used for holiday accommodation once approval has been given.

 

The proposed Management Plan details are attached.

ATTACHMENT: 12.1.4(2)

 

The application is referred to Council for determination as a holiday house in a Residential zone constitutes an ‘A’ land use which requires Council approval after advertising in accordance with clause 9.6 of the Scheme.

 

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 14 day period to the West Ward Councillors and adjoining landowners.  Council records indicate that letters were sent from the Shire Office on 7 May with submissions closing on 21 May 2012.

 

At the time of writing this report no submissions had been received.

 

COMMENT (Includes Options):

The proposed use is identified by the Scheme as a holiday house, which has the following definition:

            ...means a dwelling together with its associated outbuildings:

 

a)      designed primarily as a dwelling house for permanent residential purposes whether or not occupied periodically as such; and

b)      used, whether or not for commercial gain or reward, from time to time for unsupervised, short-stay tourist accommodation purposes excluding people that are members of the owner’s family but including all people where the owner is a company;

but does not include a “bed and breakfast” facility.

 

The application has been assessed against Shire of Manjimup Local Planning Policy 6.1.41 Holiday Accommodation in Residential Dwellings (the Policy) and is considered to be generally consistent with the objectives of the Policy as outlined below:

 

·    The proponent has advised that they live in the Pemberton area and will undertake the day to day management of the holiday accommodation as well as responding to any emergency matters.  This complies with the Policy. A condition reinforcing this requirement is included in the Officer Recommendation.

·    The property will be advertised online and as family accommodation with a maximum of 6 guests.  This is in accordance with the Policy.

·    There is sufficient car parking space for 2 cars in accordance with the Policy.

·    No signage is proposed for the proposed holiday house by this application in accordance with the Policy.

·    The applicant has stated that they have public liability insurance which will need to be updated to include use of the property as holiday accommodation in accordance with the Policy.

·    The applicant has addressed fire management measures for the subject site, by preparing an emergency evacuation plan.  The applicant has stated that the plan including emergency contact numbers will be provided on site for the information of the guests. This is in accordance with the Policy.

 

There is a requirement under the Policy that Holiday Houses are to be serviced by a sealed driveway.  A site inspection carried out by Council officers identified that the dwelling is currently serviced by a gravel driveway and does not have an established crossover.

Should Council resolve to approve the proposed holiday house, it is recommended that a condition be placed requiring the provision of a sealed driveway and crossover.  This is a similar condition that has been applied to other holiday houses within the Shire, with the exception of Quinninup and the Pemberton Mill Cottage Heritage Precinct.

 

Requirements of Planning Precinct

As previously mentioned, the property is located within Pemberton Planning Precinct No.4 (PP4) Urban Centre.  All development occurring within the Precinct is subject to assessment against the precinct provisions within the Scheme.  These provisions include:

 

·  residential development to typically R20 standard subject to the availability of sewerage; and

·  tourist accommodation should be integrated within this precinct where it is compatible with adjacent uses.

 

The building, the subject of this application, has been established for a period of time and has a suitable onsite sewerage treatment system capable of catering to the demands of the proposed use.

 

The proposed change of use is consistent with the planning provisions established within the Scheme, integrating tourist accommodation within the precinct.  The proposed development is not expected to have any significant impact upon adjoining land uses.

 

Conclusion

As identified above, the Holiday House at Lot 5 Widdeson Street generally conforms to the provisions of the Shire of Manjimup Local Planning Scheme No. 4 and the Local Planning Policy 6.1.41 – Holiday Accommodation in Residential Dwellings with the exception of sealing of the driveway and car parking area.

 

Given the above, it is recommended that the application be approved subject to conditions ensuring compliance with the Policy.

 

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No. 4

 

Policy / Strategic Implications:

Shire of Manjimup Local Planning Policy 6.1.41 Holiday Accommodation in Residential Dwellings (as discussed above).

 

Financial Implications:

Nil

 

Sustainability:

Environmental: As this proposal is for a change to the use of an existing development, it is considered environmentally neutral.

Economic: The proposal, if approved will provide additional accommodation capacity to support tourism in the district. It is widely accepted that the provision of a range of accommodation types and quality levels has a positive economic impact on the local economy.

Social: It is noted that the proposed holiday house is located within a residential area. Given this, Council’s Holiday House Policy is designed to mitigate any negative social impacts that may affect the amenity of permanent residents. Any approval of a holiday house requires annual renewal to ensure any adverse social impacts can be monitored and the approval either modified or withdrawn as appropriate.

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants planning approval for the change of use from “Dwelling” to “Holiday House” at Lot 5 Widdeson Street, Pemberton in accordance with the submitted plans as attached at Attachment 12.1.4(1) and subject to the following conditions:

a)   This planning approval is valid for a limited period only and will expire on 30 June 2013 after which date the use shall cease, unless prior to that date an application is made to and approved by the local government after payment to the appropriate fee for the continuation of the use for an extended period; (Planning & Sustainability)

b)  The Holiday House hereby approved is limited to a maximum of six (6) persons in the premises at any one time to the satisfaction of the local government; (Environmental Health Services)

c)   The Holiday Accommodation is not to be occupied by a person for more than three (3) months within any twelve (12) month period.  In this regard, the manager/operator is to maintain a register of guests and the duration of their occupation to the satisfaction of local government, and the register shall be made available for perusal by Shire officers on demand; (Planning & Sustainability)

d)  The submitted management details which form part of the application shall be implemented on an ongoing basis to the satisfaction of the local government; (Planning & Sustainability)

e)   The Emergency Evacuation Response Plan is to be displayed in the Holiday House at all times; (Planning & Sustainability)

f)    The vehicular driveway and crossover between the subject land and Widdeson Street is to be located, designed, constructed, sealed and drained prior to occupation of the land and buildings for its approved purpose to the satisfaction of the local government; (Technical Services) and

g)  Prior to the commencement of the approved use, the applicant is to nominate a local manager for the purpose of undertaking day to day management activities to the satisfaction of the local government. (Planning & Sustainability)

 

 

ATTACHMENTS

 

1

Location, Site & Floor Plans

4 Pages

2

Management Plan

1 Page

 

 


35

ATTACHMENT

APPENDIX

 

12.1.5        Consideration of Final Adoption of Local Planning Policy LPS4 6.1.4 'Advertising of Planning Proposals'      

 

PROPONENT

Shire of Manjimup

OWNER

 

LOCATION / ADDRESS:

Whole of Shire

WARD:

 

ZONE:

 

DIVISION:

Statutory Services

FILE REFERENCE:

TPS 17

LEGISLATION:

Planning and Development Act 2005

AUTHOR:

Roy Winslow

DATE OF REPORT:

30 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Council is requested to consider submissions and finally adopt draft Local Planning Policy LPS4 6.1.4 Advertising of Planning Proposals (the Policy) as attached.

ATTACHMENT: 12.1.5(1)

 

At its Ordinary Meeting of 12 April 2012, Council resolved to advertise the draft Policy for public comment in accordance with clause 2.4.1 of Shire of Manjimup Local Planning Scheme No. 4 (the Scheme). Once advertising was completed, the draft Policy was to be re-tabled for the further consideration of Council.

 

The purpose of this report is for Council to note there were no submissions during the statutory advertising period and to consider finally adopting the new Policy. Council is further requested to consider a small number of minor changes to the Policy to ensure it operates efficiently.

 

The draft Policy is intended to replace existing Local Planning Policy 6.1.47 Consultation and Submissions which was adopted on 10 December 2009 under Council’s former Town Planning Scheme No.2. A copy of the current Policy is appended to this report. In the event the new Policy is made effective, the current Policy will be automatically revoked.

APPENDIX: 12.1.5(A)

 

PUBLIC Consultation Undertaken:

Public advertising of the draft Policy occurred in accordance with clause 2.4.1(i) of the Scheme. This required notice of the Council’s intention to make the local planning policy being published in the Manjimup-Bridgetown Times for two consecutive weeks. This occurred on 9 and 16 May 2012. Submissions were invited on the draft Policy up to and including 25 May 2012.

 

No submissions were received on the draft Policy. Council is now in the position to finally adopt the Policy with or without modification, should it resolve to do so.

 

COMMENT (Includes Options):

Rationale for the new Policy

At the time Council reviewed all Local Planning Policies in November 2010, it was considered that Policy 6.1.47 would remain in operation with minimal modification after gazettal of Local Planning Scheme No.4 (the Scheme). However, operation of the current Policy under the Scheme has identified a number of issues that has made the Policy difficult to operate effectively. These issues are:

 

·    The current Policy was written to provide detailed provisions on what uses required advertising and the process for this to occur that have been replaced by clause 9.6 of the Scheme;

 

·    The Scheme identifies which uses require formal advertising as ‘A’ uses. The current Policy does not reflect this, leading to confusion amongst Shire staff on what proposals require formal advertising;

 

·    The current Policy contradicts the Scheme in a number of places, which makes the Policy difficult to operate as a Scheme must prevail over a Local Planning Policy;

 

·    The current Policy prescribes forms for advertising that are now replaced by Schedule 14 of the Scheme;

 

·    The current Policy prescribes a size of planning advertising sign 1800mm wide x 900mm long which has been determined to be excessively large. New signage with a dimension of 500mm wide and 750mm long has been found to be appropriate for the purpose of clearly identifying the existence of a planning proposal;

 

·    The current Policy did not reflect the statutory timelines for dealing with Applications for Planning Approval contained in the Scheme; and

 

·    The current Policy did not provide guidance on a number of planning processes now contained in the Scheme.

 

In the light of the above, Shire staff determined that it was prudent to undertake a complete rewrite of the Policy in order for it to reflect the current requirements of the Scheme.

 

Major changes from current Policy

The major changes between the draft Policy and the current Policy are summarised below:

 

·    The format of the Policy has been changed to match the current Local Planning Scheme Number 4 format adopted for other recent Policies;

 

·    Variations under the Residential Design Codes for single dwellings and outbuildings that do not normally require planning approval have been removed as these are more appropriately managed through the consultation processes contained in the Codes themselves;

 

·    The former advertising levels of A-F have been slightly modified and reduced to A-E. Level F relates to Shire-wide consultation and has been removed as the Policy will no longer relate to planning proposals that require Shire-wide consultation;

 

·    Advertising requirements for reviews of Local Planning Schemes and the preparation of Local Planning Strategies and Townsite Expansion Strategies have been removed from the Policy. Advertising of these types of documents will be dealt with on a case-by-case basis by Council. Removal of these types of proposals from the Policy has allowed for Advertising Level F to be deleted;

 

·    Advertising Level B has been changed from being an ‘information only’ consultation exercise to allowing for targeted low-level consultation on matters such as setback variations. In practice, the current ‘information only’ Level B is not used. The revised Level B will require only an adjoining neighbour directly affected by a variation to be consulted, rather than all neighbours of a property as required by Level C. This will allow for Council to target consultation on minor variations to the neighbouring properties directly affected only.

 

·    The new Policy refers to the various advertising provisions contained in the Scheme and acts to provide guidance on how these are to operate rather than duplicate these provisions as the current Policy does;

 

·    The pro-forma schedules contained in the current Policy have been deleted as the Scheme now contains a suitable pro-forma;

 

·    The types of proposals that require advertising have been updated and increased to reflect the provisions of the Scheme;

 

·    The process for consulting with Ward Councillors on planning proposals has been clarified. Essentially, Ward Councillors will be formally notified of an Application for Planning Approval for Level D and E proposals, and Level C proposals in Windy Harbour. This is consistent with the current intent of the Policy for Councillors to be made aware of more complex proposals that are likely to affect a larger number of properties. Shire staff will remain available to discuss the particulars of a proposal irrespective of whether the Ward Councillor has received formal notification. Ward Councillors will also not be informed of proposals where Council has been required to resolve to begin advertising, such as scheme amendments and local planning policies, as these matters are already known to Councillors;

 

·    Provisions for acknowledging submissions, advertising costs and processing times have been included in the new Policy.

 

Benefits of the new Policy

The key benefit the new Policy will provide is to more clearly identify to applicants, neighbours, Councillors and Shire staff when advertising will take place and how submissions will be considered. Confusion on how the current Policy interacts with the Scheme will be removed.

 

The opportunity has been taken to ensure the Policy properly aligns with the Scheme and streamlines the planning process, whilst affording an appropriate level of community consultation. Advertising processes have been designed to target proposals where consultation will provide a meaningful contribution to the decision-making process.

 

The new Policy clearly allows for no consultation to occur for ‘P’ and ‘D’ uses where there is no variation to standard Scheme, Policy or R-Code requirements. Although this was the original intent of the current Policy, it was worded in a manner that created confusion once the current Scheme was gazetted.

 

Minor Modifications to Advertised Policy

 

Prior to final adoption, a number of minor modifications to the draft Policy as it was advertised are recommended to ensure it operates efficiently. Each of these are explained below and are reflected in the draft Policy attached at 12.1.5(1).

 

Table 3.1 – Level C Advertising

Under ‘Level C’ in Table 3.1 (clause 3.1.1), the ‘type of advertising’ stated in the draft Policy as advertised was:

·    Postal

·    Sign on Site (if ‘A’ use or ‘use not listed’ in Scheme)

·    Newspaper (if ‘A’ use or ‘use not listed’ in Scheme)

 

Council staff have ‘road tested’ how the draft Policy would operate with recent applications. Consequently, it has been determined that the advertising requirements for Level C for a range of ‘A’ uses, such as home occupations and holiday houses may be too onerous. Given this, it is recommended that the draft Policy be adopted with the following ‘type of advertising’ for ‘Level C’ in Table 3.1:

·    Postal

·    Sign on Site (if ‘A’ use or ‘use not listed’ in Scheme and the site is located within a Townsite or rural residential area)

 

Level C is intended to be used for the majority of applications, which tend to limit impacts to the immediate vicinity. Therefore, the need to place a costly advertisement in the newspaper for these proposals is considered onerous. The current cost of a standard display notice in the Manjimup Bridgetown Times is approximately $250-$300 per notice. Most Level C applications have a development value of less than $100,000 and an application fee of $69-$278, thereby making newspaper advertising costs disproportionate to the value of the proposal.

 

New Clause 4.4 – Internet Advertising

Whilst the Scheme does not recognise internet advertising as a form of consultation, it continues to be an important conduit for Council to engage with the community. Given the importance of internet consultation is expected to increase over time, it is appropriate that the Policy recognises this.

 

Currently, proposals for major developments, scheme amendments and structure plans are uploaded to Council’s website whilst the submission period is operating. It is recommended that the Policy recognise and formalise this practice.

 

New clause 4.4 reads as follows:

            4.4            Internet Notices

            4.4.1         Where required by this Policy, the local government is to publish an electronic copy of plans and supporting reports upon its internet site.

            4.4.2         Proposals published on the local government’s internet site are to be publicly accessible from the date of postal or newspaper notices (whichever is the earlier) up to and including the date submissions close.

            4.4.3         Electronic information is to be published in Portable Document Format (PDF).

 

Clauses 4.4 – 4.10 in the draft Policy as advertised have been renumbered 4.5-4.11 accordingly in the attached Policy to accommodate this new clause.

 

In addition to new clause 4.4, provisions the requirement for internet notices has been inserted into the Policy as appropriate for Level D and E planning applications (cl. 3.1.1), as well as for heritage protection proposals, structure plans, local planning policies and scheme amendments.

 

Modified Clause 4.9 – Advertising Costs

Clause 4.9 of the draft Policy as advertised stated as follows:

            4.9            Advertising Costs

            4.9.1         Except where an applicant is required by the local government’s schedule of fees and charges to pay certain advertising costs, costs associated with advertising are to be paid by the local government and offset by the application fee.

 

Currently, advertising costs can only be recouped from applicants for scheme amendments. This means that any advertising for the bulk of planning proposals is covered by the application fee. However, in many cases the cost of advertising is higher than the application. As a consequence of this, the proposed 2012-13 Fees and Charges will allow advertising costs for all applications to be borne by the applicant and not the Shire. This change will make the Shire consistent with other local governments in the region.

 

In order to reflect that advertising costs will be borne by the applicant and not the Shire, clause 4.9 has been rewritten and renumbered as follows:

 

            4.10          Advertising Costs

            4.10.1       Costs associated with newspaper advertising of proposals are to be borne by the applicant where identified in the local government’s adopted fees and charges.

            4.10.2       The local government will place and pay for the newspaper notice and then invoice the applicant for the cost of publication, including a copy of the newspaper tax invoice as proof of cost.

            4.10.3       Administration costs associated with the placement of notices and invoicing of applicants under 4.10.2 will be borne by the local government and reimbursed from the application fee for the proposal paid by the applicant.

 

In addition to this change in Policy to require reimbursement, the advertising requirements for the bulk of planning applications (i.e. Level A-C), have been designed to avoid costly newspaper advertising.

 

STATUTORY ENVIRONMENT:

Clause 2.4 of the Scheme provides for the making of Local Planning Policies. Clause 2.5 allows for an existing Local Planning Policy to be revoked by reference in a replacement Policy.

 

Policy / Strategic Implications:

The replacement of the current Local Planning Policy will ensure Council’s advertising processes are consistent with its Local Planning Scheme.

 

Financial Implications:

Costs associated with advertising of the draft Policy will be borne by Council’s adopted Budget.

 

Sustainability:

Environmental: As this Policy relates to administrative procedures, it is environmentally neutral.

Economic: The Policy is designed to streamline advertising processes. This will reduce the time taken to assess proposals as well as clarify the financial liability to both the applicant and Council for advertising costs. Reducing the time taken for assessing planning proposals has been identified by both government and industry as one method in directly reducing costs associated with development.

Social: The Policy is designed to clearly identify to applicants, Council and the community when advertising of planning proposals will occur and to whom the advertising will be directed. This will ensure that the level of consultation is commensurate with community expectations and that those that may be affected have the opportunity to provide input into the decision-making process.

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:

 

That Council:

1.   In accordance with clause 2.4 of Shire of Manjimup Local Planning Scheme No. 4 adopts Local Planning Policy LPS4 6.1.4 Advertising of Planning Proposals in accordance with Attachment 12.1.5(1);

 

2.   Authorises the Chief Executive Officer to make effective Local Planning Policy LPS4 6.1.4 Advertising of Planning Proposals in accordance with clause 2.4.3 of Shire of Manjimup Local Planning Scheme No. 4; and

 

3.   Notes that current Local Planning Policy 6.1.47 Consultation and Submissions will be automatically revoked upon Local Planning Policy LPS4 6.1.4 being made effective.

 

 

ATTACHMENTS

 

1

New Local Planning Policy LPS4 6.1.4 'Advertising of Planning Proposals'

10 Pages

 

 

APPENDICES

 

A

Current Local Planning Policy 6.1.47 'Consultation and Submissions' (To be revoked)

16 Pages

 

    


42

ATTACHMENT

 

12.5.1        Council Financial Payments April 2012      

 

PROPONENT

Shire of Manjimup

OWNER

N/A

LOCATION / ADDRESS:

Whole of Shire

WARD:

 

ZONE:

Whole of Shire

DIVISION:

Statutory Services

FILE REFERENCE:

FNC9

LEGISLATION:

Local Government (Financial Management) Regulations 1996

AUTHOR:

Jodie Wallingford

DATE OF REPORT:

31 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

It is a statutory requirement for a list of payments from the Municipal and Trust Funds to be presented to Council and included in the minutes.

ATTACHMENT: 12.5.1(1)

 

Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

The accounts for payment totalling $1,347,588.29 for the month of April 2012 are itemised in the attachment.

 

Vouchers for the expenditure are available for inspection at the Council Meeting of 14 June 2012.                            

 

Fund           

Vouchers

 

Amount

Municipal

72952 - 73276

$1,341,647.55

Trust Fund

2757 - 2759

$655.00

Total Cheques for Month of April 2012

$1,342,302.55

 

Corporate Credit Card April 2012 – Municipal Account

20171.130.52

Apple Online Store  SYDNEY

Laptop – SPO Salary Sacrifice

$899.00

20247.196.57

ABCB  CANBERRA

BC4 2012 Volumes 1&2 & Downloads, Web Access

$380.00

20171.198.52

Wotif Com Pty Ltd  MILTON

Accommodation – Training MPO

$252.95

20033.513.58

Law Society of WA  PERTH

2x Joint Forms & Postage

$11.20

20059.197.57

Appliance Testing Pty  ROWVILLE

500x Electrical Test Tags

$286.00

20031.198.52

Wotif Com Pty Ltd  MILTON

Accommodation MAS & SFO – GST Training

$322.95

20049.196.57

Hallmark Editions  BRIGHTON

1 Year Subscription to Council Manager

$70.00

20049.197.57

Bridgetown Hotel  BRIDGETOWN

SMT Lunch ST:5

$82.50

20049.196.57

State Law Publisher  PERTH

Local Government Act 1995 Loose Pages & Postage

$100.45

20049.197.57

Top Notch Cafe  MANJIMUP

SMT Refreshments  ST:5

$83.50

ME88.4.57

20412.420.57

Easy Signs Pty Ltd  MIRANDA

Premium Clear Gloss Stickers w/- Artwork & Freight

$1021.70

ME88.4.57

20412.420.57

Easy Signs Pty Ltd  MIRANDA

Premium Clear Gloss Stickers w/- Artwork & Freight

$286.75

85.4250.7324.57

Les Mills Aust  DEAKIN

Fitness Training & Certification Fees

$511.50

501.6203.6355.57

Esidirect  HEIDELBERG

1000x Disposable Caps Round

$80.21

85.4250.7324.57

Jazzport Holdings p/L  ARMADALE

Accomm Fitness Staff to Attend Lift for Life Training

$570.00

20139.725.57

Treetops Colour Harm  FLOREAT

Art Supplies – Bardi Art

$91.55

20139.727.57

Jacksons Drawing Supplies  BUNBURY

20x Canvas Boards

$139.48

20049.197.57

Top Notch Cafe  MANJIMUP

SMT Meeting ST:5

$96.00

Total Credit Card Payment

$5285.74

Total Payments for the month April 2012

$ 1,347,588.29

 

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations

(12) and (13).

 

Policy / Strategic Implications:

Nil

 

Financial Implications:

As stated.

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:

 

That Council receive the accounts paid during April 2012 totalling $1,347,588.29 as detailed in Attachment: 12.5.1(1).

 

 

ATTACHMENTS

 

1

Cheque Listing for April 2012

 

 

 

 

 


45

 

12.5.2        Request to Write Off Debt - Shire of Manjimup Libraries.      

 

PROPONENT

Shire of Manjimup

OWNER

 

LOCATION / ADDRESS:

 

WARD:

Whole of Shire

ZONE:

 

DIVISION:

Statutory Services

FILE REFERENCE:

FNC 5

LEGISLATION:

Legislation Act 1995 Section 6.12(1)

AUTHOR:

Michelle Ellis

DATE OF REPORT:

31 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

BACKGROUND:

Over the course of the year, a number of people have borrowed books, CD’s, DVD’s or videos from the Shire of Manjimup’s libraries and have failed to return them prompting an account to be rendered.

 

The following steps have been taken by Library Staff:

 

1.         Staff contacts the lender after being 1 week overdue.

 

2.         7 days later an overdue notice is posted.

 

3.         A final attempt is made via phone before passing the account onto Administration & Finance.

 

The following steps have been taken by the Administration and Finance Department to recover outstanding amounts for lost or damaged items.

 

1.          Invoice sent to Debtor.

 

2.         Letter to Debtor after approximately 30 days of invoicing for request of payment of outstanding account within 14 days.

 

3.         If no response is forthcoming a second letter has been sent with the message that the Shire of Manjimup will commence legal action if the account is not paid.

 

4.         After 14 days has elapsed, Debtor is sent to the Shire’s independent debt collection agency once approval from Manager Library Services has been received, as per Council Policy 4.1.6 - Collection of Outstanding Debts.

 

The following Debtors have been contacted by this office as stated above without reply.  In each case the appropriate librarian will be notified to suspend further borrowing rights in accordance with Council Policy 11.1.1 – Library Policy.

 

Debtor No

Name & Address

Total

605.01

Ms Bianca Renae Orr

PO Box 253

Pemberton  WA  6260

$19.60

827.01

Mr Christopher Brian James

Lot 11822 Ralston Road

PO Box 588

Manjimup  WA  6258

$37.80

833.01

Miss Aimee Joanne McNabb

18 Highfield Street

Manjimup  WA  6258

$16.80

890.01

 

Miss Roxahn Buitenhuis

Address Now Obsolete

PO Box 629

Manjimup  WA  6258

$29.00

916.01

Mrs Sheryl-Marie Hosey

Loc 9388 Irish Point Road

Middlesex  WA  6258

***$8.00

 

917.01

Ms Renee Schoone

13A Devon Street

Manjimup  WA  6258

***$8.00

919.01

Miss Kris Teresa Howden

13a Devon Street

Manjimup  WA  6258

***$8.00

1054.01

Miss Ashlyn Matthews

7 Beresford Avenue

Manjimup  WA  6258

$154.15

 

1057.01

Ms Tamara Roche

187 Pitts Street

Deanmill  WA  6258

$33.24

1095.01

Ms Annie Rickman

105 Zamia Street

Northcliffe  WA  6262

$18.40

 

Total

$332.99

 

 

***These values represent the administration fee, which has not been paid when the lost library items were returned outside of library hours or by a third party***

 

 

 

PUBLIC CONSULTATION UNDERTAKEN:

Nil

 

COMMENT (Includes Options):

The majority of outstanding library debts recommended for write off were raised in 2010/2011 financial year.  During this period the following important facts have been observed by the Shire of Manjimup’s Libraries:

 

1.      66,957 items were lent to library members.

2.      The value of items lent annually was $1,473,054.

3.      Each week the average number of overdue items was 498

4.      Library staff contacted (by telephone, email or mail) 250 members each week requesting the return of overdue library items.

 

Of the ten debts recommended for write off, seven debts are for outstanding items and three debts are for administration fees which were never paid.

 

At the beginning of the 2009/2010 financial year the procedure for recovery of outstanding library items was changed to reduce the time taken between the first notification of overdue items and the last step of debt collection by an independent collection agency.  The implementation of this new streamlined approach was to reduce the number and value of library debts being sought for write off each year. 

 

The number of debts recommended for write off this year has decreased in number to ten debts compared with twenty two last year.  This year’s recommendation to write off $332.99 compared with last year’s write off value of $360.80 is a $27.81 reduction.

 

STATUTORY ENVIRONMENT:

Local Government Act 1995 Section 6.12(1)

Subject to subsection (2) and any other written law, a local government may –

(a) When adopting the annual budget, grant a discount of other incentive for the early payment of any amount of money;

(b) Waive or grant concessions in relation to any amount of money; or

(c)  Write off any amount of money,

which is owed to local government.

 

POLICY / STRATEGIC IMPLICATIONS:

The writing off of any outstanding library debts has the potential to impact on the Council’s libraries to provide the community with a comprehensive range of resources as items may not be replaced.

 

FINANCIAL IMPLICATIONS:

If Council supports the recommendation they will choose to write off $332.99 as a bad debt.  Council has allocated a $10,000.00 provision for doubtful debts this financial year. 

 

SUSTAINABILITY:

Environmental: There is considered to be no environmental implications.

Economic: May set precedent by borrowers not to pay outstanding library debts.

Social:  Reduction in the availability of resources provided to the community as library items may not be able to be replaced. Library borrowers who do not pay the administration fee are precluded from the service.

 

 

VOTING REQUIREMENTS:                ABSOLUTE MAJORITY

 

 

Officer Recommendation:

 

That Council:

 

1. Approve for all debts as tabled be written off pursuant to the Local Government Act 1995 Section 6.12(1).

 

Debtor No

Name & Address

Total

605.01

Ms Bianca Renae Orr

PO Box 253

Pemberton  WA  6260

$19.60

827.01

Mr Christopher Brian James

PO Box 588

Manjimup  WA  6258

$37.80

833.01

Miss Aimee Joanne McNabb

18 Highfield Street

Manjimup  WA  6258

$16.80

890.01

 

Miss Roxahn Buitenhuis

Address Obsolete

PO Box 629

Manjimup  WA  6258

$29.00

916.01

Mrs Sheryl-Marie Hosey

Loc 9388 Irish Point Road

Middlesex  WA  6258

***$8.00

 

917.01

Ms Renee Schoone

13A Devon Street

Manjimup  WA  6258

***$8.00

919.01

Miss Kris Teresa Howden

13a Devon Street

Manjimup  WA  6258

***$8.00

1054.01

Miss Ashlyn Matthews

7 Beresford Avenue

Manjimup  WA  6258

$154.15

 

1057.01

Ms Tamara Roche

187 Pitts Street

Deanmill  WA  6258

$33.24

1095.01

Ms Annie Rickman

105 Zamia Street

Northcliffe  WA  6262

$18.40

 

Total

$332.99

 

2. Council suspend the membership of borrowers from borrowing books or videos from the Shire’s libraries until such time as their debts are paid in full in accordance with Council Policy 11.1.1 - Library policy.

 

 


49

ATTACHMENT

 

12.5.3        Monthly Financial Activity Statement - April 2012      

 

 

PROPONENT

Shire of Manjimup

OWNER

Whole Shire

LOCATION / ADDRESS:

Whole Shire

WARD:

Whole Shire

ZONE:

N/A

DIVISION:

Statutory Services

FILE REFERENCE:

FNC3/3

LEGISLATION:

Local Government Act 1995; Local Government (Financial Management ) Regulations 1996

AUTHOR:

Greg Lockwood

DATE OF REPORT:

31 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

The Financial Management Regulations require monthly Financial Activity Statement reports to be prepared and presented to Council, containing the following information;

ü Annual budget estimates

ü Estimates to end of month

ü Actual expenditure

ü Actual income

ü Material variances

ü Net current assets

 

The Financial Activity Statement report for the period to 30 April 2012 is attached.  The report is summarised by Function/Activity and Department with detailed reports by Department.

ATTACHMENT: 12.5.3(1)

 

Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

The Financial Activity Statement will comment on Council’s cash, loans, debtors and overall performance for the ten months to the 30 April 2012.

 

The financial performance for the Shire of Manjimup to the 30 April 2012 shows a projected deficit of $27,356.

 

The projection of a deficit of $27,356 is a projection based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under expenditure in other areas as the Shire progresses through the financial year.

 

The March review saw a shift with regards to projection strategies, expenditure and income accounts were adjusted to a pro rata level where appropriate, where previously these accounts would have been expected to be fully expended. This strategy is still based on a conservative approach so there should still be savings remaining in the accounts, and with the inclusion of fiscal restraint measure applied by the Director of Statutory Services on all purchasing to the 30 June 2012, the projected deficit should be arrested by the 30 June 2012 to a neutral or minor surplus position.

 

 

The main item affecting the projected deficit is;

 

Manjimup Regional AquaCentre $38,731

The projected loss for the Manjimup Regional AquaCentre is solely based upon very disappointing income figures. Early in the financial year the AquaCentre had issues with water temperatures, and also carried out a two week shutdown which severely affected sales, and the flow on has been a slow recovery back to budgeted monthly income.

 

Storm Damage

Storm Damage to the end of April 2012 actually sits at $147,103, some $37,103 above the $110,000 budget. The projection for this account has been increased to $150,000, but the remaining $2,897 will fund very little if a major storm event was to occur. Maintenance accounts have been reduced by $40,000 to offset Storm Damage, as it would be expected staff would be working on Storm Damage cleanup rather than booking time to maintenance accounts.

 

Road Maintenance

Road Maintenance accounts are 71.5% expended after 10 months of the financial year, compared to 78.4% at the same time last year. The use of maintenance accounts has slowed down due to the large $549,000 private works job that Shire staff are carrying out on behalf of DEC.

 

Salaries and Wages

In the first nine months of the year there has been a healthy amount of Long Service Leave taken, some 3,546 hours to the value of $97,230. When taken, Long Service Leave is paid to the employee from Municipal Funds and in a perfect scenario transferred from the Staff Annual & Long Service Leave Reserve to fund the expenditure in total. This situation is only required if the person taking the Long Service Leave is replaced by another employee. Whilst in a strong position the Shire of Manjimup to date only has 82% of the Shire’s current leave entitlements covered so any transferring from this account will only widen the funding gap and have a detrimental effect on the Shire’s Current Ratio at the 30 June 2012.

 

The salary accounts for Works & Services, Parks & Gardens and Community Services will need to be monitored closely to predict where they will finish the financial year, but it is expected there will be sufficient savings within both Works and Parks to cover the shortfall but Community Services may require a transfer from the Staff Annual & Long Service Leave Reserve.

 

Manjimup Tipping Fees $90,134

In the 2011/12 financial year Council adopted to sell the Bulk Bin service. Whilst it was easy to estimate the direct income loss from the pickup service charged on rates notices, it was very difficult to predict what income would be generated from the waste charges when Warren Blackwood Waste dumped the waste after it had been through their recycling program. To date the volume of waste to the Manjimup Refuse Site is down 30% so income to the site is down approximately the same, $90,134. This loss has been offset partially by extra waste rates on services by $16,065 but also by the sale of the bulk bin service for $40,000. The budgeted transfer to reserve of $50,000 will also need to be reduced by $34,069 to accommodate the loss in income.

 

Interest on Investments ($35,000)

An item positively affecting the projected deficit is Interest on Investments. Through most of the financial year the Shire has had healthy balances in both the Municipal and Reserve accounts, this has afforded staff the opportunity to invest that money in bank held Term Deposits for a longer period than usual. At the end of April 2012 Interest on Investment is $12,638 ahead of budget at $250,880 with 2 months of the year remaining.

 

Summary

In summary, with the downward trend of the projected surplus, financial restraint measures implemented, and with continued sound financial management going forward by all departments, a more manageable neutral or minor surplus position should be realised at the 30th June 2012.

 

STATUTORY ENVIRONMENT:

Section 6.8 Local Government Act and Financial Management Regulation 34

 

Policy / Strategic Implications:

Nil

 

Financial Implications:

As described in above summary.

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY


 

 

Officer Recommendation:

 

That Council receive the Financial Activity Statement Report to the end of April 2012 as per Attachment: 12.5.3 (1).

 

 

ATTACHMENTS

 

1

Monthly Financial Activity Statement - April 2012

 

 

 

 

 


53

ATTACHMENT

 

12.5.4        Adoption of 2012/2013 Fees and Charges      

 

PROPONENT

Shire of Manjimup

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Whole of Shire

WARD:

Whole of Shire

ZONE:

N/A

DIVISION:

Statutory Services

FILE REFERENCE:

FNC 3/1

LEGISLATION:

Local Government Act 1995

AUTHOR:

Greg Lockwood

DATE OF REPORT:

1 June 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

A review of Fees and Charges is an annual practice within the normal budget process.

 

It is proposed this year that Fees & Charges are adopted at the Council Meeting on 14 June 2012 and those Fees & Charges are effective from the 1 July 2012.

 

PUBLIC Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

Proposed Fees and Charges were presented to Councillors as part of the Councillor budget meeting on 24 May 2012. Some amendments were requested by Council and those changes have been made to the Schedule of Fees and Charges attached to this agenda item.

 

The significant changes were;

·    Increase to Windy Harbour Lease Fees as follows:

Commercial – (2011/12) $742 to (2012/13) $768

Residential  – (2011/12) $492 to (2012/13) $510

 

·    Introduction of a new Building Fees to reflect the changes in legislation as of 2 April 2012;

 

·    Application For Events – this fee was significantly increased to cover the costs for a late application. The increase has been offset by the application of a 75% reduction for all fully completed applications received 30 working days before the event date;

 

 

 

Application for events

2011/2012

(inc GST)

2012/2013

(inc GST)

Commercial Event (early submissions)

 

 

Number of expected people

 

 

<500 person

Nil

Nil

501 to 1000

$50.00

$55.00

1001 to 3000

$150.00

$165.00

3001 and above

$300.00

$330.00

 

 

 

Not For Profit Event (any size)

Nil

Nil

 

 

 

Commercial Event (late submissions)

 

 

Number of expected people

 

 

<500 person

Nil

Nil

501 to 1000

$50.00

$220.00

1001 to 3000

$150.00

$660.00

3001 and above

$300.00

$1,320.00

 

 

 

Not For Profit Event (any size)

Nil

Nil

 

 

 

 

 

ATTACHMENT: 12.5.4(1)

 

STATUTORY ENVIRONMENT:

Local Govt Act (WA) 1995 (Part 6, Division 5, s.6.17 and s.6.19) states in part:

 

6.17      Setting the level of fees and charges

(1)  In determining the amount of a fee or charge for a service or for goods a local government is required to take into consideration the following factors –

(a) the cost to the local government of providing the service or goods;

(b) the importance of the service or goods to the community; and

(c) the price at which the service or goods could be provided by an    alternative provider.

 

6.19  Local Government to give notice of fees and charges

If a Local Government wishes to impose any fees or charges under this Subdivision after the annual budget has been adopted it must, before introducing the fees and charges, give local public notice of –

(a)  its intention to do so; and

(b)  the date from which it is proposed the fees and charges will be imposed.

 

Policy / Strategic Implications:

Our business performance is about seeking continuous improvement in delivering quality services, ensuring that they are appropriate, responsive, and cost effective and meet community needs.

 

Financial Implications:

Fees and Charges in general have been increased by CPI.  This should see a minor increase in Councils Fees & Charges revenue to cover increasing costs to provide the service.

 

Sustainability:

Environmental: Nil

Economic: The annual review of fees and charges allows for annual cost rises to be reflected within the setting of fees and charges.

Social: The review of fees and charges seeks to recognise the low socio-economic nature of the region.

 

 

VOTING REQUIREMENTS:                  ABSOLUTE Majority

 

Officer Recommendation:

 

That Council:

 

1.   Adopts the 2012/2013 Fees and Charges Schedule as per ATTACHMENT: 12.5.4(1); and

 

2.   Endorse the statutory advertising of the 2012/2013 Fees and Charges for the Shire of Manjimup effective 1 July 2012.

 

 

ATTACHMENTS

 

1

2012/2013 Proposed Fees & Charges

 

 

 

 

    


56

ATTACHMENT

 

12.9.1        KidSport Programme - Proposal to enter into Agreement with the Department of Sport and Recreation.      

 

PROPONENT

Shire of Manjimup

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Whole of Shire

WARD:

Whole of Shire

ZONE:

N/A

DIVISION:

Community Services

FILE REFERENCE:

WLF 5/1 - DEP27

LEGISLATION:

Nil

AUTHOR:

Hsien Harper; Gail  Ipsen Cutts

DATE OF REPORT:

30 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

The Minister for Sport and Recreation Terry Waldron launched the ‘Sports 4 All’ project at the commencement of the 2011/12 financial year.  Sports 4 All is a new $20 million (over four years) state government initiative to increase the number of kids at community sport and recreation clubs.  Sports 4 All is made up of four programs; KidSport ($10 million) is one of the four programme initiatives.  An overview of all programmes is attached.

ATTACHMENT: 12.9.1(1)

 

KidSport is a voucher based programme aimed at making it possible for Western Australian children to participate in community sport and recreation, no matter their financial circumstances.  KidSport will allow eligible youth aged 5 – 18 years to apply for financial assistance ($200 per year) to contribute towards club fees, uniforms and equipment (as determined by the club).  The fees will go directly to the registered KidSport clubs participating in the project through their local government.  The KidSport application process and guidelines is attached.

ATTACHMENT: 12.9.1(2)

 

Staff briefed Council on the Department of Sport and Recreation (DSR) KidSport Program on two occasions being the 1 March, 2012, and 24 May, 2012.  The Information Briefing sessions outlined concerns and opportunities pertaining to the proposed programme and the responsibility of local government to administer the programme with minimal administration and resource support from the government.

 

Further to direction received from Council at the information briefing session the proposal to enter into an Agreement with the Department of Sport and Recreation to implement the KidSport programme is now presented to Council for formal consideration.

 

PUBLIC Consultation Undertaken:

Consultation has been undertaken with:

Department of Sport and Recreation

City of Gosnells (pilot program)

Other Warren-Blackwood LGAs

Disability Services Commission

 

COMMENT (Includes Options):

KidSport

The State Government has determined that local government will administrate the KidSport programme.  For funding to be accessed by families and clubs Local Government must enter into a three year funding agreement with the department of Sport and Recreation.  The maximum administration fee to local government will be $15,000 in total for the three year agreement.  The agreed amount however is based on a formula (the details of which have not been released) and is dependent on the number of vouchers to be issued by the local government.  A preliminary assessment of the implementation and administrative requirements clearly indicates that the $15,000 over three years is unlikely to cover the true cost of the programme.  There is an expectation that local governments will cover any additional resourcing requirements.

 

The City of Gosnells has been piloting the programme over the past financial year.  Discussions with programme managers at Gosnells have indicated that the implementation and administration costs will far exceed the annual allowable maximum cost of $5,000 per year of the KidSport three year Agreement. 

 

Whilst the programme has considerable merit the preliminary indications from the Gosnells pilot programme is that the start up implementation required extensive resources in consultation and mentoring of sporting group’s volunteers and administration was time consuming.  As the pilots have not been reviewed and are still within their first year of operation it is difficult to adequately assess if the following years will result in reduced implementation and administration demands.  It is probable, but not definitive, that administrative demands will decrease in time subject to adequate processes and systems being established in the implementation stage. 

 

Council has been briefed on two occasions in regard to the KidSport programme and after robust debate are well aware and supportive of the concerns raised by staff in terms of the; limited administration funds available to administrate vouchers across all towns and communities within the Shire; the demand for vouchers as a result of the Shires low SEI; and the lack of flexibility of the DSR to recognise the probable cost of the programme; and the general expectation by the State that the Shire will absorb any addition costs to implement the programme.

 

These concerns were also raised with the DSR and as a result it has been agreed that the initial Shire of Manjimup KidSport Grant Agreement term will be reduced to 12 months (previously 3 years) allowing the Shire to pilot the Programme and generate solid data on costs, participation rates and benefits prior to entering any further agreements.  Subject to the outcomes of the final assessment staff will look to renegotiate the KidSport programme in the Shire of Manjimup.   It is anticipated, but not confirmed, that the Shire will receive the full $15,000 administrative upon signing of the agreement.

 

Disability Services Commission Youth Sport Inclusion Programme – Grant Success

 

During the negotiation of the KidSport Programme staff became aware of a collaborative funding opportunity with the Disability Services Commission (DSC) which had the potential to fund a 0.5 position to work towards a strong programme of youth sport inclusion for disadvantaged youth across the Shire, this opportunity expands on the opportunity offered by the KidSport programme.  

 

Clearly from the outset the preferred option of staff was to obtain additional funds from external sources to support the roll-out of KidSport vouchers and to maximise the benefit to disadvantaged children within the Shire.  On 23 May 2012, the Shire received confirmation from the Disability Services Commission (DSC) that it will be granted $50,000 to assist in running a Youth Sport Inclusion Programme and that collaboration with the KidSport programme has been endorsed. 

 

Under the Shire’s funding agreement with DSC, a project officer (Youth Sport Inclusion Officer) will be employed, for a fixed period of 12 months. The Youth Sport Inclusion Officer has two primary roles being to:

·    Create a cultural shift in junior sport and recreation that results in an increased number of young people with disability accessing mainstream junior sport and recreation, and

·    Administrate and facilitate access by all disadvantaged youth to the KidSport funding.

 

The DSC grant will be the subject of a separate agenda item at the next Council meeting.  In summary the funding provides for shire administration costs of $6,500; a 0.5 Youth Sport Inclusion Officer, IT hardware and software; promotional; and project costs.

 

This programme will also assist to extend the successful Bardi Sports inclusion programme which has resulted in the shire administering grant funds over the past 2 years to encourage indigenous and disadvantaged youth to engage in sport.

 

Beyond the next 12 months

There are always some concerns that grant funded projects which deliver additional resources over a finite period of time, in this case twelve months, to increase the service capacity of the Shire risk increasing the long term expectation of the community.  Expectations can be elevated to a level that cannot be sustained within ‘normal’ operational budgets and existing permanent resources at the conclusion of the finite project term.

Whilst the risk of elevated community expectation cannot be fully mitigated it is intended that the 0.5 position will be utilised to put in place a support and structure and clear processes and practices to establish a sustainable programme that will bring benefits to young people and sporting groups for the longer term.  It is anticipated that the greatest demand on resources will be in the initial implementation stage of the programme and that administration of the programme beyond the first twelve months will be resourced from within the existing staff structure and through the establishment of a strong community network. 

 

In this case, where funding is being directly provided to families to increase the participation of children in sports, there is the very real risk of families not being able to continue to support their children in sports programmes when the funding ceases.  Although State funded, as administrators of the funds the community’s expectation and disappointment will be directed to the Shire.

 

In saying this if vouchers successfully increase participation in sport their will remain some longer term residual benefit for both the families of children whose culture of physical activity has changed and sporting clubs who will be able to build on a stronger membership base.

 

In summary with the amended agreement terms to an initial period of twelve months, the probability of receiving upfront the maximum KidSport administration amount of $15,000, and the successful DSC grant to appoint a 0.5 position to support the implementation of the programme, it is recommended that Council support the Shire of Manjimup entering into an agreement with the DSR to implement the KidSport programme commencing in July 2012.

 

STATUTORY ENVIRONMENT:

Nil

 

Policy / Strategic Implications:

Shire of Manjimup Youth Policy & Strategy (2002): Recreation & Leisure

·    Assist organisations to apply for funding that will directly benefit young people by the provision of statistical information, letters of support, professional advice and practical assistance.

·    To actively encourage the use of existing recreation facilities by young people.

 

Financial Implications:

Under this proposal, the Shire of Manjimup will in the 2012/13 financial year:

·    Administrate 400 x $200 KidSport Grants to the Community – a total of $80,000;

·    Receive $15,000 from the Department of Sport and Recreation to assist with administration costs (to be confirmed)

·    Receive $50,000 from the Disability Services Commission to assist in employing a project officer to develop and establish the Program over 12 months.

 

The proposed 2012/13 budget will be amended accordingly.

 

Sustainability:

Environmental: Nil.

Economic: Council is asked to invest in this Programme to improve the economic viability of sporting and recreation clubs through increased membership base.

Social: The KidSport Programme is predicted to be of great benefit to the health and wellbeing of our children and youth and has the potential to alleviate financial stress on families.

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council:

1.   Enter the KidSport Grant Agreement with the Department of Sport and Recreation, effective 1 July 2012 for an initial period of 12 months only;

2.   Seek 400 KidSport Vouchers in the Shire’s application (value of $80,000) for 2012/13;

3.   Seek the full capped amount of $15,000 from the Department of Sport and Recreation KidSport Programme Fund in the Shire’s application to assist with implementation and administration costs;

4.   Instruct staff to review the KidSport Programme delivery and operational costs for 2012/13 including data collated from the Shire of Manjimup KidSport programme and the reports as prepared for the pilot projects undertaken at the Cities of Gosnells and Kalamunda; and

5.   Instruct staff to renegotiate the extension of the KidSport programme with the Department of Sport and Recreation subject to the outcomes of the review.

.

 

ATTACHMENTS

 

1

KidSport Overview DSR

6 Pages

2

KidSport Guidelines

6 Pages

 

 

    


61

ATTACHMENT

 

12.13.1      Proposed nominated future Regional Projects for Royalties for Regions Country Local Government Fund Regional       

 

PROPONENT

Shire of Manjimup

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Various

WARD:

Whole of Shire

ZONE:

 

DIVISION:

Corporate Services

FILE REFERENCE:

FNC

LEGISLATION:

Local Government Act

AUTHOR:

Jeremy Hubble

DATE OF REPORT:

5 June 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Royalties for Regions funding was introduced in 2008.  Funding effectively fell into three categories, Country Local Government Funds, Regional Community Service Fund and the Regional Infrastructure and Headworks Fund as illustrated below:

Initially the Country Local Governments funds were allocated directly to local governments, however over time this allocation was redirected towards collective “Regional Groups” of local governments as illustrated below:

 

Year

Direct to the

Shire of Manjimup

Shire of Manjimup’s

theoretical proportional share of the

Regional Group Pool

2008/09

100%

$ 1,510,518

0%

$ 0

2009/10

0%

Funding was withdrawn

0%

Funding was withdrawn

2010/11

65%

$ 952,231

35%

$ 512,740

2011/12

50%

$ 837,060

50%

$ 837,060

2012/13

50%

$ 837,060

50%

$ 837,060

2013/14 & onwards estimated (note *)

0%

$ 0

100%

$ 1,674,120

* subject to current review

Projects must be “Regionally Significant” and supported by a business case. Larger scale infrastructure projects that leverage funding and demonstrate wider community benefits across the region are desired by the State.

Applications require support from the SWDC and approval by DRDL prior to any funding being provided. 

This item follows briefings to Council on 24 May 2012 regarding regional project priorities. A discussion paper presented at the briefing (and subsequently updated to reflect Council discussion thereon) is attached which outlines the project history.

ATTACHMENT: 12.13.1(1)

The purpose of this agenda is to identify those regionally significant projects sponsored by the Shire of Manjimup to be considered by the Warren Blackwood Strategic Alliance before 30 June 2012.

 

PUBLIC Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

The challenge with the CLFG Regional allocation is to identify regionally significant projects, to coordinate the timing of projects across the region and to ensure the Shire of Manjimup receives its proportional share over a period of time.

Regionally significant projects

There is increasing focus on what may be considered a regionally significant project with evidence of linkages to regional and state level planning required.

In addition, there is an expectation that funding for future Supertown projects will be partially supported using CLGF funding.

Themes currently considered regionally significant by the Regional Development Commission include:

–    water / regional wastewater, re-use and urban water

–    human capacity building / regional leadership

–    improving Aboriginal participation in the regional workforce

–    regional land and food strategy and planning

–    investment in regional strategic corridors

–    retaining aged populations in the regions

–    regional business and industry innovation and support

–    energy supplementation

–    sport and recreation

–    health (especially mental health)

–    regional education

–    regional heritage

 

Coordination of timing

Once Council has finalised the projects to be sponsored and the preferred order that they be undertaken, the program will need to be forwarded to the Warren Blackwood Strategic Alliance to be co-ordinated into a regional program.  This may necessitate some flexibility in the timing of various projects as the projects and timing of those projects to be sponsored by the Shires of Bridgetown Greenbushes and Nannup are not known at the date of this report. It is recommended that once Council determine the projects to be sponsored, the Chief Executive Officer be delegated authority to negotiate timing of those projects with the other Alliance members.

 

It is worth noting however, that in accordance with Council’s previous decision, the Business Case for the Manjimup Medical Accommodation project has already been lodged seeking $50,000 funding for design in 2011/12 and seeking a further $1,099,000 for construction for 2012/13.

 

Proportional share over time

Since 2010 when the regional funding was introduced, the Manjimup Shire has foregone $360,649 of its proportional funding to allow other regional projects to proceed.  Manjimup’s future contribution to the regional pool over the next three years is likely to be:

 

Scenario A – [CLGF regional funding moving to 100% by 2013/14] = $4,185,300 which combined with the $360,649 already forgone provides a total project entitlement in the order of $4.5m

 

Scenario B – [CLGF regional funding maintained at 50%] = $2,511,180 which combined with the $360,649 already forgone provides a total project entitlement in the order of $2.9m. (it should be noted that under this scenario, Council would continue to have control over the allocation of the remaining 50% directly allocated to individual local governments).

 

In addition, project entitlement in any one year cannot exceed the funding pool available for that year which entails a maximum individual project limit.

 

Council determined project priorities

At the Information Briefing session on 24 May 2012, Council nominated the following regional projects in order of priority:

1

Airport expansion

2

Medical facility / infrastructure support

3

Aged accommodation

4

Solar energy for recreation centres / street lights

5

Community early warning system (Refer note below)

6

Other (unspecified) projects

 

Whilst determining the above priorities, Council subsequently formally indicated it did not support the community early warning system proposal, felt this project would be better implemented across the whole of the south west, was not appropriate for the CLGF regional allocation and directed staff to seek other funding alternatives.

 

STATUTORY ENVIRONMENT:

Royalties for Regions Act.

 

Policy / Strategic Implications:

Given the requirement for projects to be “Regionally” significant most are not within the scope of the Shire’s Strategic Plan 2010-2020 [Plan for the Future]. Detailed below is an assessment of each of the proposed projects against the Shires Strategic Plan, the SWDC’s Strategic Plan, the RDA’s Strategic Plan and the South West Action Statement (jointly issued by the SWDC and RDA):

 

Proposed project

 

Airport expansion

SoM Strategic Plan

 

Nil

SWDC Strategic Plan

 

·     “Investing in Infrastructure and Environment – Modern, competitive transport network – Air” – Master planning has occurred at Manjimup and Bunbury airports to maximise their potential as civil aviation hubs.

RDA Strategic Plan

 

·     P36 “Shire of Manjimup key projects” – Progressing Manjimup Airfield as a regional facility.

·     P36 “Shire of Manjimup priorities short term” – Upgrade Manjimup Airport.

SW Action Statement

Nil

 

Proposed project

 

Manjimup Medical Facility

SoM Strategic Plan

 

Nil

SWDC Strategic Plan

 

·     “Investing in People & Place – Resilient communities” – The South West has stand alone independent health care provision.

RDA Strategic Plan

 

·     P20 “Health”. Opportunities – Opportunities to boost rural GP numbers by employing strategies that: encourage local support in terms of accommodation, employment and educational opportunities for families, and staffing clinics; …

·     P20 “Health” Issues - The attraction and retention of qualified staff (particularly medical practitioners and allied health staff) is an ongoing challenge.

·     P36 “Shire of Manjimup key projects” – Manjimup medical centre.

SW Action Statement

Nil

 

Proposed project

 

Aged Accommodation

SoM Strategic Plan

 

Nil

SoM Active Ageing Strategy

The Strategic Plan’s housing and accommodation objectives are

Objective 1 Ensure that housing needs of older people are addressed through

effective urban planning strategies

Objective 2 Ensure that appropriate funding is provided by Government, Council

and other stakeholders to develop aged accommodation

Objective 3 Identify new housing models that address issues of affordability and innovative design to suit people of all ages

SWDC Strategic Plan

 

·     “Investing in People & Place – Active aging” – Each local government has a housing plan that encourages a range of housing options that enable people to stay in their local communities.

SWDC SW Ageing Research Project 2010

Outcome 3 (page 60) – Diverse and affordable accommodation and housing choices and options.

Outcome 8 (page 60) – Balance between Pubic, Non government, Community and Private Sector provision that ensures equitable access to all outcomes.

RDA Strategic Plan

 

·     P24 “Social Inclusion”. As the population ages, demand will increase for services and opportunities which will drive change in accommodation, recreation provision and business. Aged care employment opportunities.

·     P36 “Shire of Manjimup priorities short & medium term” – Aged accommodation Walpole, Manjimup & Pemberton

·     P38 “Warren Blackwood sub regional issues” – Accommodation and services for ageing population

SW Action Statement

Nil although there is reference to “South West Home for Life – Accommodation for Active Ageing.

 

Proposed project

 

Energy efficiency measures for recreation centres

SoM Strategic Plan

 

Objective 13, Strategy 14, Action 34 “investigate alternative renewable energy sources to power Shire buildings and facilities”.

SWDC Strategic Plan

 

“Investing in Knowledge, Enterprise and Innovation – Knowledge economy”:

·     Solar panels penetrate 20 % of the residential housing sector as a means of power generation; and

·     New business and office developments incorporate active solar power production through inclusion of solar panels.

RDA Strategic Plan

 

P3. “Other economic projects of regional significance” – Climate change planning and supporting renewable energy: the South West is particularly vulnerable.

SW Action Statement

Nil

 

 

Financial Implications:

Other than the extent reported herein, it is premature to provide detailed advice on the financial implications of each proposed project. 

 

As required by the terms of the funding, all of the projects are infrastructure construction with the normal associated construction financial risks.  The greater financial implication however is the responsibility for the ongoing operational management of that infrastructure which has been assessed for each project as follows: 

 

Project

Ongoing operational responsibility

Airport expansion

Shire of Manjimup.

 

Medical facility

Yet to be determined.  Council have previously indicated an unwillingness to be the operator of such a facility and believe this best undertaken by those with experience in management of medical practices.

 

Aged accommodation

Local NFP incorporated bodies.

 

Energy efficiency

Whilst most recreation facilities are leased to local NFP incorporated bodies who also assume responsibility to meet the associated power costs, the responsibility for the infrastructure rests with the Shire.  In order to meet the projects objectives of defraying recreation costs, any revenue generated thereon should be rebated to the incorporated body.  Responsibility for ultimate replacement of the infrastructure needs to be resolved. 

 

Community early warning system

Shire of Manjimup

 

 

Sustainability:

Environmental: Nil for most.  The energy efficiency measures have the potential to reduce carbon emissions through the substitution of solar energy.

Economic: Nil for most.  The airport expansion may assist with Manjimup establishing itself as a base for FIFO.

Social: The provision of more aged accommodation facilities and better medical facilities will assist addressing identified social needs of an ageing population.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

 

 

 

 

 

Officer Recommendation:

 

That Council:

1.  Endorse the following proposed projects to be sponsored by the Shire of Manjimup for Royalties for Regions Country Local Government Fund “Regional” funding:

      Priority 1            Airport expansion

      Priority 2            Medical facility / support infrastructure

      Priority 3            Aged accommodation

      Priority 4            Solar energy to recreation centres / street lighting

2.  Endorse the proposed project timing and funding amounts as indicated under the two scenario’s as follows:

Scenario A – CLGF regional funding moves to 100% by 2013/14

 

2012/13

2013/14

2014/15

Airport expansion

 

 

2,250,000

Medical facility / support infrastructure

1,099,000

 

 

Aged accommodation

-                           Pemberton

 

500,000

 

Solar energy to recreation centres / street lighting

 

350,000

345,000

 

Scenario B – CLGF regional funding is maintained at 50%

 

2012/13

2013/14

2014/15

Airport expansion

 

 

1,772,829

Medical facility / support infrastructure

1,099,000

 

 

Aged accommodation

-                           Pemberton

 

 

 

Solar energy to recreation centres / street lighting

 

 

 

 

3.  Advise the Warren Blackwood Strategic Alliance of those project priorities and that the Chief Executive Officer delegated authority to negotiate project timing over the ensuing 3 year period when determining regional priorities with the other participants of the Alliance.

 

 

ATTACHMENTS

 

1

Discussion paper R4R CLGF 2012/13

8 Pages

 

ATTACHMENT

APPENDIX

 

12.14.1      Review of Council Policy 8.1.2 ICT Systems Acceptable Use Policy      

 

PROPONENT

Shire of Manjimup

OWNER

 

LOCATION / ADDRESS:

Shire of Manjimup

WARD:

 

ZONE:

 

DIVISION:

Corporate

FILE REFERENCE:

CNL 12

LEGISLATION:

Local Government Act 1995

AUTHOR:

Chris Yovkoff / Jeremy Hubble

DATE OF REPORT:

23 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Council Policy 8.1.2 – “Information & Communications Technology Systems Acceptable Use” has been reviewed in response to changing electronic communications demands. 

 

The existing Council Policy is appended.

APPENDIX: 12.14.1(A)

 

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The major changes to the policy are:

 

Section 18 – Disclaimer

The disclaimer has been updated to reflect contemporary litigation issues.

 

Section 22 – Social Media

The policy now allows specified employees to use social media for the Shire of Manjimup’s business purposes including the following:

o    Social Networking sites (e.g.: Facebook, MySpace, LinkedIn Bebo, and others)

o    Micro-blogging sites (e.g.: Twitter)

o    Video & photo sharing sites (e.g.: Flickr, YouTube)

o    Weblogs – including personal blogs, and blogs hosted by the media

o    Forums & discussion boards such as Whirlpool, Yahoo! Groups or Google groups

o    Online encyclopaedias such as Wikipedia

 

The policy introduces various controls seeking to manage what is posted on social media platforms as this information is in a public electronic environment. Staff authorised to use social media will also be required to undergo suitable training.

 

The proposed new Council Policy 8.1.2 – “Information & Communications Technology Systems Acceptable Use” is attached for Council’s consideration.

ATTACHMENT: 12.14.1(1)

 

STATUTORY ENVIRONMENT:

Local Government Act 1995

Privacy Act 1988 Commonwealth of Australia

Freedom from Information Act 1982 Commonwealth of Australia

Freedom from Information Act 1992 State of Western Australia

Crime Act 1914 Commonwealth of Australia

Criminal Code Act 1995 Commonwealth of Australia

Australian Crimes Commission Act 2002 Commonwealth of Australia

 

Policy / Strategic Implications:

Allowing use of social media platforms has obvious benefits particularly surrounding connectivity with community members who do not utilise traditional forms of media.

 

Use of social media platforms is not without organisational risks as information / comments / advice are made in the public domain and therefore reflect the views and to a certain extent may be relied upon as being the formal position of the Shire on various subject matters.

 

Only officers provided with training and written authorisation by the CEO will be permitted to use social media for Shire of Manjimup purposes. Content is to be truthful, accurate, able to be substantiated and relevant to the area of authorisation. Information that is confidential, restricted, financial or technical, commercially sensitive, personal about employees customers, suppliers or members of the general public is expressly prohibited.

 

Access to social media platforms also exposes the organisation to potential waste of staff resources if officers get distracted responding to personal matters through social media. It will be important to foster a workplace culture / self discipline that avoids this occuring.

 

Financial Implications:

Nil

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: The change in the policy to allow use of social media is in response to changes in the preferred methods of communication with the community.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:

 

That Council adopts the amended Policy 8.1.2 - Information and Communications Technology (ICT) Systems Acceptable Use as contained in Attachment: 12.14.1(1).

 

 

ATTACHMENTS

 

1

(ICT) Systems Acceptable Use Policy Reviewed Policy

 

 

 

APPENDICES

 

A

ICT) Systems Acceptable Use Policy Current Policy

 

 

  


70

ATTACHMENT

 

12.15.1      Minutes of the Northcliffe Forest Park Management Committee Meeting held 23 May 2012      

 

PROPONENT

Shire of Manjimup

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Northcliffe Forest Park

WARD:

Coastal

ZONE:

N/A

DIVISION:

Works & Services

FILE REFERENCE:

TPL6/26

LEGISLATION:

Local Government Act 1995

AUTHOR:

Nicole Booth

DATE OF REPORT:

1/06/2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Minutes of the Northcliffe Forest Park Management Committee Meeting, held 23 May 2012 are attached.

ATTACHMENT: 12.15.1(1)

 

PUBLIC Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

The Northcliffe Forest Park Management Committee made one resolution as follows.

 

Resolution

Officer’s Comment

The Committee recommends that Northcliffe Environment Centre apply for funding for a shelter and BBQ at the Hollow Butt Picnic Ground with concrete floor and water tank

Supported and will be dealt with administratively.

 

It should be noted that the effect of this resolution is for the Northcliffe Environment Centre to apply for and manage a grant to install infrastructure on Council land.  The proposal is consistent with the terms of reference on the committee.  Possibly not contemplated by the committee, there will be an ongoing operational and maintenance cost associated with this infrastructure.  Any associated costs will be funded through the Northcliffe Forest Park budget.

 

 

STATUTORY ENVIRONMENT:

Local Government Act 1995

 

Policy / Strategic Implications:

Nil

 

Financial Implications:

There will be ongoing operational and maintenance cost that will need to be funded through the Northcliffe Forest Park budget.  These costs are not anticipated to be excessive, and there is the possibility to offset some of these cost through volunteer labour, in accordance with the Northcliffe Forest Park Management Committee’s terms of reference.

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: The possible installation of a barbeque and shelter will make the Northcliffe Forest Park more accessible to the Northcliffe Community and visitors.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:

 

That Council accept the minutes of the Northcliffe Forest Park Management Committee of 23 May 2012 as included in Attachment: 12.15.1(1).

 

ATTACHMENTS

 

1

Minutes of the Northcliffe Forest Park Management Committee held 23 May 2012

 

 

 


72

ATTACHMENT

APPENDIX

 

12.15.2      Minutes of Northcliffe Forest Park Management Committee Meeting 16 November 2011 - Request to Amalgamate Section of State Forest 40 with Northcliffe Forest Park      

 

PROPONENT

Forest Park Management Committee

OWNER

Department of Conservation and Land Management

LOCATION / ADDRESS:

Northcliffe Forest Park

WARD:

Coastal

ZONE:

N/A

DIVISION:

Works and Services

FILE REFERENCE:

TPL6/26

LEGISLATION:

Local Government Act 1995

AUTHOR:

Doug Elkins

DATE OF REPORT:

16 April 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

At the Ordinary Council Meeting of 8 December 2011, Council accepted the minutes of the Forest Park Management Committee (‘Committee’) for the meeting held 16 November 2011.  Within the Committee meeting minutes was a resolution requesting the Shire progress the acquisition of the northern end of State Forest 40 for incorporation into the Northcliffe Forest Park.  At the time of accepting these minutes, this resolution was not contemplated by Council.  Accordingly, it is necessary for Council to review this resolution and determine whether or not it will progress the request or inform the Committee that this request is not accepted.  A copy of the Committee minutes is included in the attachments.

APPENDIX: 12.15.2(A)

 

The concept of amalgamating a portion of State Forest 40 into the Northcliffe Forest Park is included in the Northcliffe Forest Park Management Plan (‘Plan’).  Specifically, Recommendation 1 of the Plan provides the following.

Because of their proximity, compatibility, present use, complementary management needs, the desirability of creating a larger area for the Park, and public opinion, it is recommended that: negotiations with CALM be entered into in order to incorporate those parts of State Forest 40 adjacent to the north-west corner of the Park into the Park.

 

A copy of the management plan can be made available to Councillors on request.

 

As way of further background, although the amalgamation of a section of State Forest 40 is included in the Plan, Council, in 2005, has previously resolved not to pursue the amalgamation.  A copy of the report dealing with this matter is included in the appendix.

APPENDIX: 12.15.2(B)

 

A map showing the land in question (i.e. State Forest 40) is included in the attachments.

ATTACHMENT: 12.15.2(1)

 

As way of further background, attached is a letter from a Northcliffe Forest Park Committee member describing the merits of the proposal.

ATTACHMENT: 12.15.2(2)

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

The position of Council has varied over time with regard to this proposal.  An agenda item in the Ordinary Council Meeting agenda for the meeting of 6 January 2002 notes that the process of amalgamation is underway, with only the selection of a suitable piece of land to exchange preventing the completion of the process.  However, the resolution of Council at the Ordinary Council Meeting of 14 July 2005, as noted above, is clear in that it is not Council’s desire for this amalgamation to occur.

 

While Council’s desire appears to be clear, the committee is left with a mixed message, through the continued inclusion of the recommendation in the Plan.  As the progression of the Plan falls within the terms of reference for the Committee, it is reasonable that the committee will continue to pursue this issue, and it is reasonable for the Committee to again ask Council to work towards an amalgamation of the land parcels.  Accordingly, if it is Council’s desire that the amalgamation does not occur, this recommendation should be removed from the Plan, so that it is not longer within the terms of reference of the Committee.

 

Within the context of the above, it is necessary to consider the request.  The inclusion of the recommendation in the Plan, and the desire of the Committee, is logical.  State Forest 40 is contiguous with the existing Northcliffe Forest Park with the boundary between the two landholdings being undistinguishable on the ground.  Like the Northcliffe Forest Park, the vegetation within State Forest 40 is of high quality and worthy of protection.  In addition, the large landholding will increase buffers to the park, providing the best opportunity to protect the bulk of the park from weed and disease.

 

While the proposal appears to have merit on the face, it does seem an odd proposal when considering the current land manager.  State Forest 40 is currently vested in the control of the Department of Environment and Conservation (‘DEC’).  The DEC is the State’s environmental land manager, with expertise and resources far superior than the Shire and the Committee.  If conservation of the land is the focus of the DEC, the land is likely to be better managed by the DEC, with the overall benefit being to the Northcliffe Forest Park and the Northcliffe Community.  Furthermore, the DEC’s management of State Forest 40 is likely to include the provision of advice and knowledge for the better management of the Northcliffe Forest Park.

 

In reality, the issue is not the landholder, but the land vesting.  State Forest 40 is available for the harvesting of timber.  In discussion with DEC officers, the likelihood of the land ever being used for this purpose has been discussed.  Consistent with the Shire’s experience, the advice provided by the DEC is that the land is highly unlikely to be logged as it is adjacent to the Northcliffe townsite and is too small to be economic.  DEC also noted that, while the vesting of the land suggests the intent of logging, the real history of this tenure around townsites was to conserve trees adjacent to towns.  That is, it was common practice to ‘lock up’ small parcels of vegetated land around townsites, using this type of vesting, and it is unlikely that anything would change.

 

The specific question of land tenure was also discussed with the DEC.  The advice provided was that the process to re-vest the land in the control of Shire will be onerous and unlikely to be fruitful.  In particular, it was noted that the consultation processes required would likely result in opposition to such a proposal, due to the fear in the resources and timber sectors of land being lost from the resource pool.  The recommendation of the DEC was that a Memorandum of Understanding be entered into between the Shire and the DEC that would allow the desires of the Committee to be achieved, but with the management of the land to be ultimately retained by the DEC.  This proposal could provide the following benefits.

·    The expertise of the State’s environmental managers would be retained.

·    Weed and fire control would remain the responsibility of the State.

·    As proper management of both land parcels is in the interest of both parties, there could be opportunities for resource and knowledge sharing.

·    A Memorandum of Understanding might allow for the expansion of the walk trail network, and the location of the Muni Biddi Trail across both landholdings.

 

In forming a view as to the merits of the Committee’s request, the final consideration Council should have is the cost to Council.  The acceptance of the management of additional land will result in increased costs and risks.  Notably, there will be a requirement for the Shire to become responsible for the management of fuel loads on another vegetated land parcel in close proximity to a townsite.  This will result in both cost and risk.  Other costs will include continued weed management, and funding the expectations of the community.

 

In summary, the proposal to manage the Northcliffe Forest Park and State Forest 40 as one has merit.  However, this is likely to be achieved to the best advantage through an agreement between the Shire and the DEC in the form of a Memorandum of Understanding.  Finally, should the onerous process of acquiring the land result in a re-vesting, the Council will be exposed to additional costs and risk.  On this basis, it is recommended that Council approaches the DEC with the intent of entering into a Memorandum of Understanding for the management of State Forest 40 in a form consistent with the Northcliffe Forest Park.  If this is Council’s preference, it is recommended that the Committee be informed that the recommendation of the Plan will be achieved with the establishment of a Memorandum of Understanding.

 

STATUTORY ENVIRONMENT:

If it is Council’s desire to pursue amalgamation of State Forest 40 with the Northcliffe Forest Park, it will be necessary to revoke the previous resolution.  Due to the age of the previous resolution, section 10 of the Local Government (Administration) Regulations 1996 requires only four votes for a revocation.

 

Policy / Strategic Implications:

The Forest Park Management Plan recommends the amalgamation of State Forest 40 and Northcliffe Forest Park.  It is suggested that the outcome of a Memorandum of Understanding is consistent with this recommendation.

 

Financial Implications:

Nil

 

Sustainability:

Environmental: State Forest 40 appears to be high quality vegetated land.  Protection of the land for protection of the vegetation and the adjacent Northcliffe Forest Park has merit.

Economic: Nil

Social: Retention of control by the DEC will ensure expert fire managers retain responsibility for fuel load reduction on land that is close to a town and adjacent to private houses.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:

 

That Council:

1.   Pursue a Memorandum of Understanding between the Shire and the Department of Environment and Conservation for the Management of State Forest 40, as shown in attachment  12.15.2(1), collaboratively with the Shire and in a form that is consistent with the Northcliffe Forest Park; and

2.   The Northcliffe Forest Park Management Committee be informed that the entering into of a Memorandum of Understanding between the Shire and the Department of Environment and Conservation is considered completion of recommendation 1 of the Northcliffe Forest Park Management Plan.

 

 

ATTACHMENTS

 

1

Map - State Forest 40 and Northcliffe Forest Park

 

2

Letter - Northcliffe Environment Centre

 

 

 

APPENDICES

 

A

Minutes of the Northcliffe Forest Park Management Committee Meeting held 16 November 2011

 

B

Council Report 14 July 2005

 

 

  


77

ATTACHMENT

 

12.16.1      Minutes of the Walpole Townscape Committee held on 2 April 2012      

 

PROPONENT

Shire of Manjimup

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Walpole Townscape

WARD:

South

ZONE:

 

DIVISION:

Statutory Services

FILE REFERENCE:

TPL8/5

LEGISLATION:

Local Government Act 1995

AUTHOR:

Kaylene Roberts

DATE OF REPORT:

14 May 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Attached are the minutes of the Walpole Townscape Committee Meeting held 2 April 2012.

ATTACHMENT: 12.16.1(1)

 

PUBLIC Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

There were not recommendations requiring a decision of Council.  All other matters were dealt with administratively.

 

STATUTORY ENVIRONMENT:

Local Government Act 1995

 

Policy / Strategic Implications:

Nil

 

Financial Implications:

Nil

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council accept the minutes of the Walpole Townscape Committee Meeting held 2 April 2012 as per Attachment: 12.16.1 (1)

 

 

 

ATTACHMENTS

 

1

Walpole Townscape Committee Meeting held on 2 April 2012

4 Pages

2

Action Sheet

2 Pages

3

Walpole Nornalup Visitor Centre letter

1 Page

 

 

    


79

13.    NOTICE OF MOTION FOR CONSIDERATION AT FOLLOWING MEETING IF GIVEN DURING MEETING:  

 

14.    LATE ITEMS:

 

15.    NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:

 

16.    CLOSURE:

 

There being no further business to discuss the Shire President to thank those in attendance and close the meeting at…………pm.