Minutes of Ordinary Council - 10 December 2015

The Chief Executive Officer advised that he has received Impartiality declarations from Councillors Jenkins, Daubney, Winfield and Tapley and a Financial Interest declaration from Cr Daubney.

Councillor Jenkins declared an Impartiality Interest in item 9.6.1 as she is the Chairperson of Windmill Projects, item 9.10.2 as her daughter was the staff member dealing with the matter on behalf of the organisation and item 14.1.1 as she nominated 2 people.

Councillor Daubney declared an Impartiality Interest in item 14.1.1 as she is a relative of a nominee and a Financial Interest in item 9.6.2 as she is the selling agent.

Councillor Tapley declared an Impartiality Interest in item 14.1.1 as he nominated an individual for the over 25’s.

Councillor Winfield declared an Impartiality Interest in item 14.1.1 as he is friends with a nominee.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Colin Crombie – Windy Harbour

· Road at the corner Gardiner Road and Cathedral Road is very dangerous due to erosion and water damage.

· A front end loader bucket of gravel would solve the issue.

· Women with prams can’t use the road.

· Have written a letter and contacted Works department Mr Giadresco and the caretaker at Windy Harbour.

Response by Director of Works: Can do an urgent inspection and assess the issue.

Response by Cr DeCampo: WANDRRA funding cover the resheeting of that road in the New Year and will be better than it has ever been.

The Works department will make an assessment of the Cathedral Rock and Gardiner Road intersection to see if there is any danger and that may be addressed if there is.

5.2.2 Robert Thompson – Landholder at Jarrah Glen, North Walpole.

Mr Thompson read from a prepared statement which is attached.

ATTACHMENT 5.2.2(1)

Response from Chief Executive Officer: A review of the Local Planning Strategy is currently underway, and when the new Director commences in February, it will be one of his primary tasks to liaise with the consultant engaged to do the review. That is the time when your case needs to be put to ensure that it gets into that system. It could potentially trigger a rezoning on the basis of new Local Planning Strategy. It would certainly give your case more strength.

Robert Thompson: How long will the Local Planning Strategy review take?

Response from Chief Executive Officer: Around 2-3 years, if controversial issues are put forward it may take longer. It is the professional view that the Local Planning Strategy is your most likely chance of success, although it is your choice on which way to go.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Ballarat Road Conference. (Cr DeCampo).

7. CONFIRMATION OF MINUTES:

Moved: Daubney, L Seconded: Logan, C

26517

That the Minutes of the Ordinary Meeting of the Council held on 12 November 2015 be confirmed.

CARRIED: 9/0

8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil

9. COUNCIL OFFICERS’ REPORTS:

Moved: Daubney, L Seconded: Munro, G

26518

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 96 of the Agenda with the exception of:

CARRIED:9/0

9.1.1	Delegations over the Christmas Vacation Period from 27 November 2015 to 8 January 2016.
9.1.2	2016 Register of Delegations Under Legislation
9.1.3	2016 Register of Delegations Under Council Policy
9.3.2	Proposed Industry - Extractive at Location 12935 Double Bridges Road, Meerup
9.6.1	Transfer of Lease and Joint Venture from Windmill Projects Inc to Alliance Housing - 33 Bath St, Manjimup
9.6.2	Windy Harbour Lease Transfer - Site 41
9.7.1	Receipt of Funds Resulting From Sunland Pty Ltd Prosecution
9.8.1	Budget Amendment for Proposed Purchase of All Terrain Vehicle
9.8.2	Budget Amendment as Result of Successful Grant Application to the Waste Authority
9.10.2	Community Bus Management
9.14.2	Minutes of the Northcliffe Town Hall Management Committee 13 July and 16 November 2015

Items passed by En Bloc Resolution

9.1.4 2015 Shire of Manjimup Organisational Structure Presented for Information Purposes Only

9.1.5 Review of Council Policy 2.5.1 Authorisations

9.2.1 Change of Venue for Out of Manjimup Meetings in 2016.

9.3.1 Retrospective Planning Application for Unauthorised Existing Development (Shipping Containers) at Lot 352 (23) Stokes Street. Manjimup

9.3.3 Proposed Holiday House at Lot 90 (61) Karri Street, Walpole

9.3.4 Continuation of Industry - Extractive at Lot 8 (242) Conte Road, Collins

9.3.5 Consideration of Submissions and Final Adoption of Scheme Amendment No. 20, Lot 9 Springdale Road, Dingup

9.6.3 Council Financial Payments October 2015

9.6.4 Monthly Financial Activity Statement - October 2015

9.10.1 Refugee Resettlement in the Shire of Manjimup - Formal Position of Council

9.11.1 Shire of Manjimup Contribution to the Wellness and Lifestyle Centre

9.14.1 Minutes of the Audit Committee Meeting held 11 November 2015

ATTACHMENT

9.1.4 2015 Shire of Manjimup Organisational Structure Presented for Information Purposes Only

PROPONENT	Chief Executive Officer
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	PSN 1/1
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	23/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

With the recent restructure of Senior Employees in the Shire of Manjimup and the appointment of Mr Greg Lockwood (Director Business) and Mr Brian Robinson (Director Development and Regulation) the Chief Executive Officer (CEO) has undertaken an additional review of the organisational structure to complement the new appointments and reflect the existing structure. The CEO indicated this may be necessary as part of the Senior Employee item that Council considered on 12 November 2015.

The purpose of this report is to provide the current organisational structure of the Shire of Manjimup to Councillors for information purposes only. The reviewed organisational structure is shown in the attachment.

ATTACHMENT: 9.1.4(1)

For the object of this report FTE is an acronym for Full Time Equivalent which relates specifically to the equivalent number of employees employed full time under a standard 38 hour per week arrangement.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The reviewed organisational structure has a decrease in municipal funded employees (-3.7FTE) and a slight increase in grant funded employees (0.9FTE) with the overall employee (FTE) reduced by 2.8 to 120.4. The major changes are as follows:

Office of CEO

· The Public Relations Officer becomes the Coordinator Communications and Executive Support;

· The grant funded Education Support Officer (Manjimup Ag. Expansion Project) has a reduction in hours (now (0.8 FTE); and

· A grant funded 0.5 FTE Trainee Education Support Officer (Manjimup Ag. Expansion Project) has been created.

Community Services Directorate

· The grant funded HACC service has had a realignment of structure and reporting relationships. No additional positions have been created; and

· The Manjimup Regional AquaCentre has had a minor realignment of structure and reporting relationships. Position numbers have been reduced slightly.

Business Directorate

· New directorate replacing in part the former Statutory and Corporate Directorate with responsibilities for Finance, Administration, Information Communication Technology and Corporate Governance;

· New Director Business replacing in part the former Director of Statutory and Corporate Services; and

· Manager of Business and Finance removed and replaced with Coordinator Finance and Administration Services.

Development and Regulation Directorate

· New directorate replacing in part the former Statutory and Corporate Directorate with responsibilities for Town Planning, Environment, Environmental Health, Building Services, Windy Harbour, and Rangers and Emergency Services;

· New Director Development and Regulation replacing in part the former Director of Statutory and Corporate Services;

· Manager Planning and Environment replaced with Coordinator Statutory Planning; and

· A Carpenter / Joiner Apprenticeship created in lieu of Rio Tinto funding a Mechanical Apprenticeship at the Shire Depot.

Works Directorate

· Coordinator of Works replacing one of two Works Supervisor roles; and

· Mechanical Apprenticeship now grant funded by Rio Tinto.

This report is provided to Councillors for information purposes only as under the provisions of the Local Government Act 1995, the Council appoints the CEO and the CEO then appoints, and has responsibility for, the organisation’s employees (with the exclusion of the need to seek Council endorsement for the appointment of Senior Employees). The overall restructure has resulted in no unbudgeted expenditure on wages or salaries and has in fact realised a small saving to the organisation.

STATUTORY ENVIRONMENT:

Under the provisions of the Local Government Act 1995, the Council appoints the CEO and the CEO appoints, and has responsibility for, the organisation’s employees (with the exclusion of the need to seek Council endorsement for the appointment of Senior Employees). There is no statutory obligation to provide this information to Council and as such it is provided for information purposes only.

Policy / Strategic Implications:

It is considered extremely important to have a contemporary workforce that reflects the operations of the organisation in clear and functional way. The organisational structure indicated is reflective of contemporary local government practice throughout Australia and has enabled the Shire of Manjimup to recruit a very strong team of employees with the capacity to acquire external project funding and deliver major projects, comply with statutory obligations, provide an excellent level of customer service and support to the community, and provide pathways for succession.

Organisational risk management:

Nil

Financial Implications:

As described in the body of the report, a small saving in wages / salaries is expected. This is likely to be in the order of $10,000 plus additional reductions in operating costs across the organisation.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council acknowledge the 2015 Shire of Manjimup Organisational Structure as detailed in Attachment: 9.1.4(1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26519

That Council acknowledge the 2015 Shire of Manjimup Organisational Structure as detailed in Attachment: 9.1.4(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.3.1 Retrospective Planning Application for Unauthorised Existing Development (Shipping Containers) at Lot 352 (23) Stokes Street. Manjimup

PROPONENT	CG Eacott
OWNER	KL & CG Eacott
LOCATION / ADDRESS:	Lot 352 (23) Stokes Street, Manjimup
WARD:	Central
ZONE:	Residential
DIRECTORATE:	Statutory and Corporate Services
FILE REFERENCE:	P56697
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	27 October 2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council is requested to consider the planning application seeking retrospective approval for (four) 4 shipping containers at Lot 352 Stokes Street, Manjimup. The locality and site plans are attached.

ATTACHMENT: 9.3.1(1)

Location Plan

The property has an area of 1.35ha and is zoned Residential by Shire of Manjimup Local Planning Scheme No. 4 (the Scheme). The property is located within Manjimup Planning Precinct 2 (Eastern Residential) as given at clause 2.2 of Schedule 8 of the Scheme.

The application will be assessed against the Shipping Container provisions of Shire of Manjimup Local Planning Policy LPS4 6.1.1 Domestic Outbuildings (the Policy) and the Scheme.

The matter is presented to Council as it requires retrospective approval as the application:

· Requests to formalise the unapproved relocation and siting of 4 shipping containers;

· exceeds the deemed-to-comply dimensions of the Policy (6.1m length, 2.4m width and 2.6m height) for shipping containers;

· exceeds the permitted number (1) of shipping containers allowed on a Residential-zoned property;

· does not locate the shipping containers behind the dwelling, but alongside the dwelling as per the attached plans; and

· provides for reduced setbacks of the shipping containers to the southern boundary.

Shire officers became aware of the 4 shipping containers in early 2015. Shire staff do not have delegated authority to deal with retrospective approvals, hence the request to Council to determine the application. Any approval on this matter will be regarded as a retrospective planning approval as the outbuilding is currently unauthorised. Clause 8.6 of the Scheme regards this development as an unauthorised existing development and it is not considered lawful unless Council grants retrospective approval.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with section 4.3 of the Policy and Level ‘C’ of LPS4 6.1.4 Advertising of Planning Proposals for a 14 day period commencing 11 August 2015 to all adjoining landowners. No submissions were received. Submissions closed on 25 August 2015.

COMMENT (Includes Options):

Development Description

Three of the shipping containers are located on the southern side of the property directly adjacent to an unconstructed 20m wide road reserve. These containers are all located within 1m of the southern boundary, and 30m from the Stokes Street boundary. One shipping container is located 7.6m from the northern boundary to the rear of the property.

The shipping containers are 12m in length, 2.6m wide and 2.9m in height and are of a “High Cube” design. Shire staff have ascertained that the containers are in reasonable condition with no rust, and do not contain any air conditioning equipment. The shipping containers do not have secure footings, but simply rest on wooden beams. Photographs of the unapproved shipping containers in situ are attached.

ATTACHMENT: 9.3.1(2)

Intended Use of the Shipping Containers

The 4 shipping containers are currently being used temporarily as storage for a number of the landowner’s possessions including vehicles, boats and furniture. The landowners intend to use the shipping containers to construct a grouped dwelling on Lot 352 in the future.

Compliance with LPS4 6.1.1 Domestic Outbuildings

For the relocation of shipping containers in the Residential Zone the Scheme defers to Shire of Manjimup Local Planning Policy LPS4 6.1.1 Domestic Outbuildings. The main objectives of this policy are:

(i) Ensure that domestic buildings do not detract from the streetscape or the visual amenity of residents or neighbouring properties; and

(ii) Ensure planning controls reflect the community’s expectations regarding the size and height of domestic outbuildings.

Clause 3.4 of the Policy outlines acceptable development provisions for shipping containers. Shipping containers are to be considered as a domestic outbuilding where made to meet the following deemed to comply provisions:

Shipping containers that:

i. Have obtained Planning Approval from the local government prior to placement;

ii. Are not attached to a dwelling;

iii. Are non-habitable;

iv. Do not exceed 6.1m in length, 2.4m in width and 2.6m in height (standard 20 foot dry shipping container);

v. Do not contain refrigeration or air conditioning equipment;

vi. Are limited to a maximum of one (1) container per lot in the Residential and Town Centre zones and two (2) containers per lot in the Rural Residential Zone;

vii. Are located behind the dwelling and screened so that the container is not readily visible from any street;

viii. Are repainted in a manner that complements other buildings on the lot, assists in reducing the visual impact and covers any rust or signage within one (1) month of placement; and

ix. Comply with the setback requirements for the Zone and are contained within the approved building envelope, if applicable to the site.

In the consideration of the relocation of shipping containers for domestic use an assessment against clause 3.4 Deemed-to-Comply Provisions – Shipping Containers is attached. The assessment determined variations to the Policy at provisions i), iv), vi), vii) and ix). The variations to the provisions are discussed below.

ATTACHMENT: 9.3.1(3)

Although the 4 unauthorised shipping containers do not meet the accepted development requirements of the Policy, the proposal may still be approved by Council should it satisfy the clause 3.1 Performance Criteria of the Policy which is:

“Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties”.

Proposed developments that have a variation to acceptable development requirements, may still be permissible, but need to be more closely scrutinised and subject to advertising.

Request for Planning Approval

As discussed above, the application is for retrospective planning approval. The number of shipping containers on the property was brought to the attention of Shire staff in early 2015. Shire staff contacted the landowner, and recommended they apply for retrospective approval for the shipping containers.

Number of Shipping Containers

The Policy permits only 1 shipping container per Residential lot. The applicant has proposed to keep the 4 shipping containers on site. Given the expectations of their future use, Shire staff recommend Council grant a temporary retrospective approval of one year only. This is intended to provide the landowner ample time to organise alternative arrangements for the storage of domestic property within the unapproved shipping containers, and apply for the necessary approvals to construct the future dwelling.

Alternatively, should the applicant fail to undertake their intentions as outlined, the applicant will be instructed to remove the shipping containers after expiration of the one year period of approval from the property to the satisfaction of Council. Conditions reflecting these requirements will be issued on any approval granted by Council.

Shipping Container Size

The dimensions of the unapproved shipping containers are a variation to the deemed-to-comply provisions of Policy. Given that the unapproved shipping containers are to be used temporarily for storage and in the construction of a future dwelling on site, Shire staff are amenable to varying the dimensions given by the Policy to accommodate the proposed future use, and the current use temporarily.

Setbacks and Impact on Streetscapes

The rear, front and northern setbacks of the shipping containers are considered compliant with the Residential Design Codes of WA 2013 (the R-Codes). The nil setback of the unapproved shipping containers to the unconstructed road reserve on the southern boundary is not considered problematic by Shire staff, provided that the Council only approve the shipping containers for a 1 year period, and no construction of the road reserve is forecast in the short-term. Although the shipping containers are on the boundary, the 20m- wide unconstructed road reserve provides for a physical and reduced visual separation of the shipping containers to the adjoining property at Lot 70 Stokes Street. Shire staff are satisfied the setback reduction will not impinge on the amenity of the adjoining property given the temporary nature of the current development.

The 3 shipping containers located on the southern boundary of the 1.35ha property are visible from Stokes Street. The Policy requires that the shipping containers be screened from view or painted to match in with existing development on the property. Given that the shipping containers are positioned parallel to one another and setback 30m, the visual impact is reduced to Stokes Street. The visual impact to properties located at the rear along Muir Street are also reduced by distance and positioning.

Shire officers note that no objection to the retrospective application on visual amenity grounds were offered by adjoining neighbours.

Variation of Scheme Provisions

Clause 5.5

Clause 5.5 allows for Council to vary a standard or requirement of the scheme. Firstly, Council is required to seek comment from affected parties and have regard to any expressed views. This process has been undertaken as required by the Policy, with no submissions having been received.

Secondly, clause 5.5.3 states that Council is to have regard to the normal ‘matters to be considered’ contained in clause 10.2. This has been undertaken through consideration against the provisions of the Policy, which is designed in accordance with clause 10.2.

Finally, Council is to be satisfied that the variation 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. This has been undertaken through application of the Policy, and the recommendation that a temporary one year approval be granted, to allow for the applicant to either remove the shipping containers, or provide Council for an application for a grouped dwelling.

Shire staff advise that in the event of Council granting the variations to size, number and unapproved relocation of the 4 shipping containers the provisions of clause 5.5 have been appropriately addressed.

Building Requirements

The Shire’s Building Services have requested that the applicants obtain a temporary building permit, also for one year, for the shipping containers. This is to ensure that the shipping containers are mounted appropriately and are in reasonable condition. An advice note reflecting this requirement will be attached to any approval granted by Council.

Conclusion

Shire staff recommend Council grants a temporary one year retrospective approval to the shipping containers as currently arranged, subject to conditions providing for their re-use as a grouped dwelling, and the to the successful attainment of a temporary building permit for all shipping containers.

A one (1) year period is deemed suitable by Shire officers for the landowners to either undertake a planning application for a grouped dwelling as intimated, or remove the shipping containers from the property entirely.

This stance is taken given that the application requests retrospective approval for a development which requires considerable variation to the Policy, but is mindful of the applicant’s future intent for the shipping containers.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Local Planning Scheme No. 4.

Policy / Strategic Implications:

Compliance with Shire of Manjimup Local Planning Scheme No.4 and Local Planning Policy LPS4 6.1.1 Domestic Outbuildings as discussed above.

Organisational risk management:

As this application has been assessed on its merits and in accordance with Council’s local planning scheme and the powers granted to it by the Planning and Development Act 2005, there is minimal organisational risk associated with determining the application.

Financial Implications:

The appropriate retrospective fee has been paid by the applicant.

Sustainability:

Environmental: The shipping containers are not expected to impact significantly on the surrounding area given the lot sizes. The location of the shipping containers is located away from the roadside.

Economic: Nil.

Social: No submissions were received in opposition to the siting of the shipping containers.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with clause 8.6 and Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants retrospective planning approval for a four (4) Shipping Containers in accordance with the submitted plans as attached at 9.3.1(1) and subject to the following conditions:

a) This retrospective planning approval is granted for a temporary one (1) year period only after the expiration of this period the shipping containers shall be removed unless prior to that date an application has been 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 and Environment)

b) Human habitation of the retrospectively approved shipping containers is not permitted unless further planning approval of the local government is sought and obtained before its use for that purpose is commenced. (Planning and Environment)

2. Notes the exercise of discretion under clause 5.5 of Shire of Manjimup Local Planning Scheme No.4 to allow the four (4) shipping containers on the grounds that the number of shipping containers and setback reduction is for a one year period only.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26522

That Council:

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.3.3 Proposed Holiday House at Lot 90 (61) Karri Street, Walpole

PROPONENT	DJ Rule
OWNER	DJ Rule
LOCATION / ADDRESS:	Lot 90 (61) Karri Street, Walpole
WARD:	South
ZONE:	Residential R10
DIRECTORATE:	Statutory and Corporate Services
FILE REFERENCE:	P54219
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	3 November 2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council is requested to consider the planning application for Holiday House at Lot 90 (61) Karri Street, Walpole. The site, floor and management details are attached.

ATTACHMENT: 9.3.3(1)

Location Plan

Lot 90 is 1215m² in area and is zoned Residential by Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The property is within the Boronia Ridge Estate (the Estate) and is located within a Scheme Policy Precinct. The application will be assessed against the Scheme provisions and Local Planning Policies 6.1.41 Holiday Accommodation in Residential Dwellings (the Accommodation Policy) and 6.1.45 Boronia Ridge Estate Development Standards (the Estate Policy).

The application proposes the use of 2 bedrooms inside the existing two- storey dwelling approved by the Shire in 2005 for the purposes of Holiday House accommodation. The proposal will utilise the existing facilities available on the property. No new construction is proposed.

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 and Level ‘C’ of Local Planning Policy 6.1.4 – Advertising of Planning Proposals for a 14 day period to the adjoining landowners. Council records indicate that letters were sent from the Shire Office on 4 November 2015 with submissions closing 18 November 2015. A sign was also placed on site.

No submissions were received during the submission period.

COMMENT (Includes Options):

Proposal Details

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

…a dwelling together with its associated outbuildings

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

· 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.

The key elements of the proposal are:

· The landowners will be responsible for undertaking day to day management activities, and reside within 30 minutes of the proposal at Lot 90 Karri Street, thereby providing local management and care of the facility;

· The application has proposed the number of guests to be a maximum of four (4) persons;

· There is sufficient car parking space for at least 5 cars at the front of the property;

· No signage is proposed for the Holiday House by this application; and

· Public Liability Insurance has not been obtained. This requirement will be conditioned in the event of Council approval.

As described in the proponent’s management correspondence, the application is for short-term accommodation operated on a commercial basis, and operated by the landowner who is located with 30 minutes of the site. The application proposes that a maximum of 4 persons will use the Holiday House at any one time. Capping this number of accommodation users can be conditioned on any approval granted by Council.

Scheme Requirements

Consistency with Zoning

The objectives of the Residential Zone as outlined at clause 4.3.2 of the Scheme are designed to manage and conserve the amenity of residential locales and provide for an adequate supply of residential land. Non-residential activities are to create self-employment and not have a detrimental impact on amenity.

The proposed Holiday House will provide the owner with a source of income and is not expected to have any impact upon surrounding amenity or environmental attributes of the area as the proposal meets the zoning requirements. The proposal will be contained within an existing structure on the property.

Consistency with Planning Precinct Statement

Clause 4.1 of Schedule 8 of the Scheme is silent on the provision of short-stay tourist accommodation within Boronia Ridge Estate, which instead largely describes the aesthetic requirements of development within the Estate. Given that the proposed development is contained within an existing Council-approved dwelling, Shire staff are satisfied the application meets the requirements of clause 4.1 of Schedule 8.

Consistency with the Accommodation Policy

The application has been assessed against the Accommodation Policy and is considered to be generally consistent with the Policy Measures of the Policy as outlined below:

· The proponent has advised that the number of guests proposed to be limited to four (4) persons. The proponent has not stated whether these four people will be known to one another. Given this, a condition specifying that all occupants of the Holiday House are to be known to each other, to ensure compliance with the Scheme, will be attached to any approval granted by Council;

· The proponent will be responsible for undertaking day to day management activities. This person resides within 30 minutes’ drive of the property, thereby providing local management and care of the facility;

· There is sufficient, sealed car parking space for at least five (5) cars. Should Council resolve to approve the proposed Holiday House, it can be satisfied that there is sufficient car parking on the site. However, it is recommended a condition requiring on-site parking for at least 2 spaces to service the Holiday House are included on any approval granted by Council to reinforce this requirement;

· Signage has not been proposed for the Holiday House by this application, any signage beyond what is allowed by the Scheme will require the further approval of the local government. This will be conditioned on any approval granted by Council; and

· Public Liability Insurance has not been obtained, and will be included as a condition in the event of Council approval.

The above criteria can be conditionally met in their entirety by the applicant. The management details address the Policy Measures adequately. The applicant will be required to provide a copy of the property’s Public Liability Insurance should Council grant approval.

Estate Policy Compliance

The Policy carries similar intent to clause 4.1 in Schedule 8 of the Scheme in that it is focused on the aesthetic development of the Estate. Given that no new buildings are proposed as part of this application, Shire staff consider the application consistent with the Policy.

Building Code of Australia

The proposed Holiday House will require a change of classification for the subject premises. The need for Smoke Alarms and Emergency Lighting fixtures has been addressed by the applicant on the submitted floor plan.

Shire staff propose to apply advice notes in respect to the smoke alarm and emergency lighting requirements in the event Council approves this application.

Health Act

The proposed use will be required to operate with all relevant requirements of the Health Act 1911 (as amended).

Shire Staff propose that an advice note be included on the approval to reflect the need to operate in compliance with the Health Act requirements, should Council consider approving the application as proposed.

Conclusion

As identified above, the Holiday House at Lot 90 Karri Street, Walpole generally conforms to the provisions of the Shire of Manjimup Local Planning Scheme No. 4 and is compliant with Local Planning Policy 6.1.45 Boronia Ridge Estate Development Standard and Local Planning Policy 6.1.41 – Holiday Accommodation in Residential Dwellings.

Therefore Shire staff are of the opinion that the application should be conditionally approved by Council.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The application has been assessed in accordance with the provisions of Local Planning Policy 6.1.41 – Holiday Accommodation in Residential Dwellings.

Organisational risk management:

Approval of this application by Council, provided that the Holiday House is compliant with the Scheme and Policy, enforced through conditional consent granted by Council, will not generate any organisational risk.

Financial Implications:

Nil.

Sustainability:

Environmental: As this proposal seeks to convert an existing building, it is considered to be environmentally neutral.

Economic: The proposal, if approved will provide additional accommodation capacity to support tourism in the Walpole townsite. 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: As no objections have been received concerning the proposal, it is considered that there will be no negative social impacts.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants planning approval to operate a Holiday House at Lot 90 (61) Karri Street, Walpole (TP165/2015) in accordance with the submitted plans as attached at 9.3.3(1), and subject to the following conditions:

a) This planning approval is valid for a limited period only and will expire on 30 June 2017 after which date the use shall cease, unless prior to that date an application for the annual renewal for the continuation of the use is made to and approved by the local government after payment of the appropriate fee; (Planning and Environment)

b) The Holiday House hereby approved is limited to a maximum of four (4) persons who are known to each other in the premises at any one time to the satisfaction of the local government; (Planning and Environment)

c) The Holiday House 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 the local government, and the register shall be made available for perusal by the local government on demand; (Planning and Environment)

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 and Environment)

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

f) Two (2) car parking spaces are to be provided on site for the use of users of the Holiday House at all times; (Planning and Environment)

g) Prior to the commencement of the approved use, the applicant is to supply a copy of their Public Liability Insurance to the local government. (Planning and Environment)

2. Advises the applicant that:

a) In all buildings approved for use as Holiday House, a system of emergency lighting will need to be installed to assist in evacuation of occupants in the event of fire and this lighting will need to:-

i. be activated by a smoke alarm(s); and

ii. consist of:

· lights incorporated into the smoke alarm itself; or

· lighting located in the corridor, hallway or area served by the required smoke alarm(s); and

b) The approved development must comply with all relevant provisions of the Health Act, 1911 (as amended) and the Building Code of Australia, 2014.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26523

That Council:

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 and Environment)

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

f) Two (2) car parking spaces are to be provided on site for the use of users of the Holiday House at all times; (Planning and Environment)

g) Prior to the commencement of the approved use, the applicant is to supply a copy of their Public Liability Insurance to the local government. (Planning and Environment)

2. Advises the applicant that:

i. be activated by a smoke alarm(s); and

ii. consist of:

· lights incorporated into the smoke alarm itself; or

· lighting located in the corridor, hallway or area served by the required smoke alarm(s); and

b) The approved development must comply with all relevant provisions of the Health Act, 1911 (as amended) and the Building Code of Australia, 2014.

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.3.4 Continuation of Industry - Extractive at Lot 8 (242) Conte Road, Collins

PROPONENT	IM Nicoloau
OWNER	IM Nicoloau
LOCATION / ADDRESS:	Lot 8 (242) Conte Road, Collins
WARD:	West
ZONE:	General Agriculture
DIRECTORATE:	Statutory and Corporate Services
FILE REFERENCE:	P50152
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	3/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council is requested to consider an application for planning approval for the continuation of a sand extractive industry at Lot 8 (242) Conte Road, Collins. An overview of the proposal including location and site plans and management details is attached.

ATTACHMENT: 9.3.4(1)

Location Plan

Lot 8 (242) is 26.32ha in area and is zoned General Agriculture by Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The property is predominantly pasture with a dam, soak, dwelling and associated farm sheds.

Extraction of sand has been taking place on Lot 8 since early 2015, in close proximity to Pemberton-Northcliffe Road. The sand has been utilised in Water Corporation projects in Pemberton, including the sewerage infill program on French Street and the upgrade of the existing Pemberton Waste Water Treatment Facility.

This sand extraction has initially been undertaken in accordance with provisions of the Public Works Act 1902 which exempts the State’s Minister of Water (and in effect Water Corporation) from obtaining local government approvals to obtain basic raw materials, such as sand, to complete public works projects.

The purpose of the application is to allow the applicant to continue the use of the current sand extraction site for a further 4 years beyond the material needs of the Water Corporation projects in Pemberton, sell the sand privately, and rehabilitate the extraction site to pasture.

This application requires determination by Council as Industry – Extractive is an ‘A’ use in the General Agriculture zone and cannot be determined under delegated authority.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme as a “Level D” application as required by Local Planning Policy 6.1.4 Advertising of Planning Proposals. The application was available for public comment from 26 August 2015 until 9 September 2015. Six (6) submissions, from Main Roads WA, Department of Parks and Wildlife, Department of Water, Department Mines and Petroleum, Department of Environment Regulation and one adjoining landowner were received. The submissions are attached, and will be discussed as appropriate in the Comment section below.

ATTACHMENT: 9.3.4(2)

COMMENT (Includes Options):

Proposal Details

The aspects of the proposed Industry – Extractive have been revised from the initial application and are as follows:

§ The pit has already produced 3,600m³ of sand. The applicant has advised that they intend to produce a further 500m³for commercial sale over the next 2 years;

§ The sand is to be extracted and hauled from the site on a supply and demand basis over 2 years;

§ The total area of extraction is proposed to be 1 ha. Sand will be extracted to a depth of 1.5 metres;

§ The maximum depth of the extraction is proposed to be 2.4 metres inclusive of topsoil depth;

§ Access to and from the extraction site is proposed to be from Pemberton-Northcliffe Road;

§ The proposed truck route is along Pemberton – Northcliffe Road;

§ The days and hours of operation will vary, dependant on demand;

§ No vegetation is proposed to be removed from the property;

§ The number of loads will vary from 1 to 10 loads per day when operating; and

§ The site has been progressively rehabilitated over the previous months since the establishment of the extractive industry, with clay incorporated into the top soil to improve soil stability. Once the extraction has finished in the exposed area, the top soil will be used to remediate the site back to its original state, re-seeded with an agricultural mix, and the land eventually restored to agricultural production.

Site Characteristics

The subject property is predominantly cleared for pasture, and the raising of cattle. The property currently has a dwelling along with several associated farm sheds.

The extraction site is located on a sloped area of the property and is visible from Pemberton-Northcliffe Road. The sand extraction pit is to be located approximately 60m from Pemberton-Northcliffe Road.

Submissions

As stated above, six (6) submissions were received as a result of the advertising period.

Adjoining Landowner

A local resident has raised several concerns relating to the extractive industry and is opposed to the proposal.

The concerns raised relate to the increased noise from the movement of machines at various times of the day, the extraction site being located on the main road into Pemberton, the entries to the site are on either side of the crest of a hill – posing a risk to other traffic on the road, trucks from the extraction site using the junction of Pemberton-Northcliffe Road and Conte Road as a turn-around area creating a potential traffic hazard and dust blowing from the extraction site reducing visibility. These concerns will be discussed further into the report.

Other concerns raised were the site has been operating as a sand mine for the past 3 months with no notification being given by the landowner, extraction company and the Shire of Manjimup. As the works were undertaken in accordance with the Public Works Act, the Shire was not obliged to notify adjoining landowners of the development at the time.

Department of Environment Regulation (DER)

The DER presented no objection to the proposal and that they do not own any land within the vicinity of the planning application.

Department of Parks and Wildlife (DPaW)

The DPaW have no objections to the proposal providing all statutory requirements are met.

DPaW recommends that the enterprise be controlled by an Approved Environmental Plan and that the scale of the industry be limited to that outlined in the Plan.

The control of dust and noise during the extraction process and transportation phase should comply with the Health Act 1911 and Environmental Protection Act 1986 so as to ensure the impact on neighbouring properties is within acceptable levels. Conditions reflecting these requirements will be included on any approval granted by Council.

Department of Water (DoW)

The DoW notes that the extraction is located within a proclaimed Surface Water Area (Warren River & Tributaries) under the Rights in Water and Irrigation Act 1914 (RiWI). The DoW has recommended a detailed Site Rehabilitation Plan and Drainage Management Plan be developed for the site, these are discussed in detail below.

Main Roads WA (MRWA)

The MRWA have stated that they have no objections to the proposed extractive industry subject to three (3) conditions, which will be included on any approval granted by Council.

MRWA require a new access/crossover to Pemberton-Northcliffe Road to be located, designed and constructed including a bitumen seal to Main Roads satisfaction and secondary unauthorised access from the subject property to Pemberton-Northcliffe Road be closed and the property be fenced and the road verge to be reinstated to Main Roads satisfaction. Discussion on road impacts is located further into this report.

Department of Mines and Petroleum (DMP)

The DMP presented no objection to the proposal, and noted the proposed extraction site within its MINEDEX database. The DMP has no requirements with regard to the application.

Compliance with Scheme

The sand pit for commercial sale is to be setback from all property boundaries in accordance with clause 5.34.2.4 of the Scheme. More specifically, clause 5.34.2.4 (e) states that when determining proposals for the establishment of an extractive industry within a General Agriculture zone, consideration should be given to the impact to the environment and landscape qualities of the locality and that adequate provision is made for more intensive use of rural lands. These matters are taken into account in the assessment outlined below.

Zoning Requirements

The zoning of this property is General Agriculture as per the Scheme. Industry-Extractive within this zoning has an ‘A’ land use which means that it is a use that is not permitted unless the local government has exercised its discretion by granting planning approval.

The Scheme states that under the General Agriculture zone clause 5.34.2.5 (ii) planning consideration should be given to 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. This will be discussed further into the report.

Pemberton Precinct 7 (PP7) Conte Road

The subject property is located within Pemberton Precinct 7 (PP7) Conte Road. This precinct is currently used for grazing and tree plantations. The land has been identified as ideally located for the expansion of the Pemberton Town site.

Given that the land is predominantly used for agricultural purposes and is some distance from the Town site, Shire staff are of the opinion that the Industry – Extractive at this point in time will have no impact on the future expansion of the Town site.

Shire staff note that Scheme Amendment No.14 over Lot 24 Conte Road was approved by the Western Australian Planning Commission in 2015. The Amendment allowed for a rezoning of the property from General Agriculture to Rural Residential. It is expected by Shire staff that further subdivision and development of this lot will take some time, and that the Industry – Extractive will have ceased use prior to any further subdivision or development of the Amendment area.

Compliance with Local Planning Policy 6.1.38 Extractive Industries

The objective of the Policy is to protect the economic viability of the general farming areas and to retain the rural character of the area by preventing the operation of the Industry – Extractive in a detrimental manner.

A planning assessment of the proposed extraction against the Policy is attached. The extraction, as proposed to be continued by the applicant, is considered to comply with the requirements of the Policy, subject to standard conditions.

ATTACHMENT: 9.3.4(3)

Access/Traffic Management of Extraction Site

The current Industry – Extractive is serviced by an unsealed crossover from the site directly to Pemberton – Northcliffe Road. The use of Conte Road to service the development is not considered suitable by Shire staff, given that the road is of narrow width and sight lines are poor.

Shire staff with the support of MRWA, maintain that Pemberton - Northcliffe Road serves as the best access point to the development, given that the intersections of Conte Road are located on hilly sections of Pemberton – Northcliffe Road with poor sight lines. The access point is located on a straight section of the road with good, albeit reduced, lines of sight for vehicular traffic.

MRWA has advised that a sealed crossover between Lot 8 and Pemberton – Northcliffe Road be included as a condition of approval. This request will be reflected in any approval granted by Council.

The submission from the adjoining landowners states that poor traffic management practices are in place, and pose significant safety concerns for motorist using the road. Shire staff share these concerns, noting that no signage being placed on the road alerting motorists to the nature of the development taking place on the site. Shire staff recommend a condition requiring the applicant to place appropriate signage along Pemberton – Northcliffe Road to alert the travelling public to be included on any approval granted.

Noise

The submission from the adjoining landowner noted that the operation creates some noise disturbance in the locality. The development has been operating in daylight hours over various days of the week. Given the relatively low amount of sand to be extracted for commercial sale, it is expected by Shire staff that the continued operation of the Industry – Extractive will be on an intermittent basis. Shire staff therefore recommend a condition be included on any approval granted by Council, limiting the hours and days of operation to those outlined within the Policy.

Site Rehabilitation

The applicant has been undertaking progressive site rehabilitation over the life of the Industry - Extractive operating under the Act. As described above, the applicant has been improving the stability of the land by introducing clay into the soil structure and is intending to return the site to agricultural use.

The DoW has recommended a detailed Site Rehabilitation Plan be developed and approved prior to the commencement of the development operating as on a commercial basis to ensure the restoration of the land’s productive capacities. This will be included as a condition should Council wish to grant approval for the continuation of the development.

Drainage Management

The development site slopes towards a dam located within Lot 8. The DoW notes that the extraction is located within a proclaimed Surface Water Area (Warren River & Tributaries) under the Rights in Water and Irrigation Act 1914 (RiWI). The watercourse that is located on the property is considered as arising on the property and therefore under RiWI the taking or diversion of surface water and/or interference of the watercourse is not subject to licensing by DoW.

The extractive industry occurs on an upper tributary of the Lefroy Brook, which is an important stream in the Warren District according to DoW.

DoW recommends that all stormwater run-off from the disturbed land be initially contained on-site, to achieve effective removal of sediment and turbidity. Any surface water flowing from the disturbed areas should pass through effective settling pits to minimise off-site turbidity and sedimentation. It is recommended that a condition requesting a Drainage Management Plan addressing the above be conditioned on any approval granted by Council.

Onsite Refuelling of Plant

DoW have advised that the refuelling of vehicles on site is not recommended. The applicant has advised that refuelling of vehicles will not be taking place on site. To ensure compliance, Shire staff recommend Council include a condition prohibiting the refuelling of vehicles on site should it wish to grant approval.

Setbacks

Shire officers note that the sand extraction for the purposes of public works was occurring within 5m of the property boundary with the Pemberton-Northcliffe Road Reserve. The applicant since that time has rehabilitated the area directly adjacent to the road, and any continuation of the extractive for the purposes of commercial sales of sand will be located 30m or more from the boundary of Lot 8 with Pemberton – Northcliffe Road. To ensure compliance, Shire staff recommend that a condition establishing a 30m setback be included on any approval granted by Council.

Visual Impact

The development is located on a well-trafficked tourist route between Pemberton and Northcliffe, in an area appreciated for its landscapes and visual amenity. Shire officers share the concerns of the adjoining landowner in that the proximity of the Industry – Extractive to Pemberton – Northcliffe Road has impacted negatively on the visual amenity of the area. Although the applicant has undertaken substantial rehabilitation of the site adjacent to the road, Shire staff are of the opinion that the Industry – Extractive on site cease in a timely manner.

The applicant initially requested a 4 year term of approval for the Industry – Extractive. Since the submission of the application, the applicant has since advised Shire staff that the Industry – Extractive is expected to have a lifespan of a further 2 years, including rehabilitation of the site. On this basis, Shire staff recommend Council approve the development for a further 2 years only.

Illegal Clearing of Main Road Reserve

During the course of the sand extraction, the applicant allegedly cleared the road verge, removed the fence line and cleared 4 Blue Gums, 1 Red Gum and low scrub (predominantly Bracken fern) along the front of Lot 8 on Pemberton – Northcliffe Road without the approval of MRWA. During the course of the clearing, the applicant also allegedly damaged table drains and the shoulders of the road located within the reserve.

Shire staff have elevated the matter to MRWA as the Shire carries no authority within MRWA reserves. MRWA have since referred the unapproved clearing undertaken by the applicant to DER who will pursue the matter and determine a suitable outcome. MRWA have requested that Council include on any approval, an advice note requesting the applicant re-establish the drainage within the road reserve and the fence line on the property boundary. Shire staff support this request, and recommend that Council include this advice in any approval granted.

Conclusion

Given the visual, social and environmental impacts the Industry – Extractive has had on the locality, Shire staff agree that a conditional 2 year term of approval is appropriate. This term of approval is designed to allow the applicant to commercially sell the sand available, thereby not impacting on the landowner to profit from the use of the land, whilst ensuring the rehabilitation of the land to agricultural use and restoration of the local amenity.

STATUTORY ENVIRONMENT:

Public Works Act 1902, Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

Compliance with Shire of Manjimup Local Planning Scheme No. 4 and Local Planning Policy 6.1.38 Extractive Industries as discussed above.

This application has made it apparent to Shire staff that the current Policy fails to take into account Industry-Extractives commissioned under the auspices of the Public Works Act 1902 (the Act). Given that these operations can have major social, environmental, financial and infrastructural implications, Shire staff recommend a review of the current Policy to incorporate those Industry-Extractives enabled under the provisions of the Act to be subject to the same regulation and compliance measures as those approved for the commercial sale of basic raw materials on freehold land within the Shire, as far as legally possible.

Any revision of the Policy would incorporate measures to ensure any Industry- Extractive operated within the Shire under the Act meets the same development requirements as those approved by Council under the Scheme and Policy. A Policy review is already being undertaken by Shire staff, with the intention to workshop Policy revisions with Council at the earliest opportunity.

Organisational risk management:

Approval of this application by Council, provided that the Industry – Extractive is compliant with the Scheme and Policy, enforced through conditional consent granted by Council, will not generate any organisational risk.

Financial Implications:

The required Planning Application fee has been paid by the Applicant.

Sustainability:

Environmental: The proposed extraction is not surmised to have an environmental impact, provided that suitable rehabilitation and stormwater management plans are implemented to the satisfaction of the Department of Water and the local government.

Economic: The development if approved will potentially increase the productive use of the land.

Social: Social impacts of this proposed extraction will be minimal. The proposed extraction site will have little effect on the local community, as the application can be conditioned to protect the amenity of local residents.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4, grants planning approval for the continuation of an Industry – Extractive (Sand) at Lot 8 (242) Conte Road, Collins (TP113/2015) in accordance with the submitted plans as attached 9.3.4(1) and subject to the following conditions:

a) The development hereby approved must be carried out strictly in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of local government (Planning & Environment);

b) This planning approval is granted for a two (2) year period only and shall expire on 10 December 2017 (Planning & Environment);

c) A maximum of one (1) hectare shall be worked at any one time with progressive rehabilitation of the excavated areas so as to maintain an open area of no more than one (1) hectare to the satisfaction of the local government (Technical Services)

d) The operation of the extractive industry and the transportation of materials from the site shall be restricted to the hours 7am to 5:30pm, Mondays to Saturdays only, and shall not operate on Sundays or on Public Holidays (Planning and Environment);

e) No storage of hydrocarbons is permitted on-site, with refuelling of equipment carried out from a mobile service vehicle carrying appropriate spill prevention and clean-up equipment (Department of Water);

f) Preparation of a Drainage Management Plan to the satisfaction of the Department of Water and the local government prior to the commencement of extraction detailing:-

· How risk of erosion and sedimentation of nearby water bodies will be minimised;

· How stormwater will be detained on-site, such that peak discharge during the extraction period does not exceed peak discharge prior to development (Technical Services, Department of Water);

g) One new access/crossover to Pemberton – Northcliffe road to be located, designed and constructed including bitumen sealing to the specifications and satisfaction of Main Roads (Main Roads Western Australia);

h) The applicant shall install and maintain traffic control along all roads used by the development, warning other road users of trucks entering and using the public road system to the specification and satisfaction of the local government. (Technical Services);

i) No part of the excavation site is to be situated any closer than 30 metres from any boundary, including road boundaries, without the prior approval of local government. (Technical Services); and

j) Preparation and implementation of dust suppression arrangements to the satisfaction of the local government (Planning and Environment).

2. Advises the applicant that prior to the continuation of the Industry – Extractive for commercial purposes, attention is drawn to the fact that further approvals may be required from Main Roads WA (access to state highway).

3. The applicant is advised that the unauthorised access from the subject property to Pemberton – Northcliffe Road is to be closed, property boundary fenced, table drains, road shoulders and road verge reinstated to the satisfaction of Main Roads. The applicant is invited to contact Main Roads Western Australia for further information.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26524

That Council:

b) This planning approval is granted for a two (2) year period only and shall expire on 10 December 2017 (Planning & Environment);

f) Preparation of a Drainage Management Plan to the satisfaction of the Department of Water and the local government prior to the commencement of extraction detailing:-

· How risk of erosion and sedimentation of nearby water bodies will be minimised;

· How stormwater will be detained on-site, such that peak discharge during the extraction period does not exceed peak discharge prior to development (Technical Services, Department of Water);

i) No part of the excavation site is to be situated any closer than 30 metres from any boundary, including road boundaries, without the prior approval of local government. (Technical Services); and

j) Preparation and implementation of dust suppression arrangements to the satisfaction of the local government (Planning and Environment).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

APPENDIX

9.3.5 Consideration of Submissions and Final Adoption of Scheme Amendment No. 20, Lot 9 Springdale Road, Dingup

PROPONENT	Edge Planning and Property
OWNER	R & RJ Kanny
LOCATION / ADDRESS:	Lot 9 Springdale Road, Dingup
WARD:	East
ZONE:	Rural Residential Area 3
DIRECTORATE:	Statutory and Corporate Services
FILE REFERENCE:	LPS4/20
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council initiated Amendment No.20 to Shire of Manjimup Local Planning Scheme No.4 (the Scheme) at its Ordinary Meeting held on 20 August 2015. A copy of the Officer Report and Minutes relating to the initiation are appended.

APPENDIX: 9.3.5(A)

Scheme Amendment No.20 relates to the proposal to include Additional Use 12 over Lot 9 Springdale Road, Dingup. The Additional Use is proposed to be ‘earthmoving business’, a definition of which is to be incorporated into the Scheme as follows:

“…means land and buildings used for the parking, storage, servicing, repair and maintenance of earthmoving and excavation equipment along with the storage of goods, the work of administration or accounting, the provision of amenities for employees and incidental activities.”

The conditions of use are proposed to be as follows:

· The earthmoving business would be subject to planning approval as an ‘A’ use (i.e. the use will require Council to grant discretionary planning approval after public advertising);

· The local government may impose conditions on the planning approval relating to revegetation, hours of operation, noise and managing dust; and

· The local government shall require repairs/maintenance carried out on-site to be limited to minor repairs maintenance only.

It is noted that the effect of the Amendment is limited to the activities on Lot 9 Springdale Road, Dingup only. The Amendment will not impact on the uses and activities on the other 4 lots within Rural Residential Area No.3. During preparation of the Amendment, the owner approached other lot owners to ascertain whether they wished to be incorporated into the Amendment. It is understood none of the other lot owners wished to be involved. This will leave a potential matter to be resolved with the use of Lot 6 to the east of the amendment site. However, Shire staff are satisfied that this can be dealt with separately without the need to affect the proposal over Lot 9.

In the event that the Amendment is approved and gazetted, Council will have the ability to legalise the existing unauthorised uses on Lot 9, as well as permit extensions to this use.

A copy of the amendment document, as initiated and advertised, has been prepared by consultants on behalf of the landowners of the property and is attached.

ATTACHMENT: 9.3.5(1)

The purpose of this report is for Council to consider the submissions received during the advertising period and to determine whether to adopt the Amendment or to recommend it be refused by the Minister for Planning.

PUBLIC Consultation Undertaken:

A formal 42-day public submission period was undertaken between 26 August 2015 and 6 October 2015 in accordance with the Town Planning Regulations 1967 and Council’s resolution of 18 June 2015.

Advertising was undertaken by newspaper notice in the Manjimup-Bridgetown Times on 26 August 2015, a sign being placed on the site and letters to surrounding landowners and relevant government agencies.

A total of twenty-seven (27) submissions were received during the submission period. All submissions have been summarised in the attached Schedule of Submissions.

ATTACHMENT: 9.3.5(2)

The matters raised in the submissions are outlined in the Comment section below.

COMMENT (Includes Options):

Amendment Process

The generalised amendment process is appended. This Amendment is currently at Stage 6 – consideration of submissions. Should Council considered it appropriate, the Amendment will move onto Stage 7 – final adoption.

ATTACHMENT: 9.3.5(3)

Main Issues raised in Submissions

All comments made in the submissions are summarised in the Schedule of Submissions. However, the main issues that were raised are discussed below.

Department of Water (DoW)

The DoW is supportive of the amendment, subject to the words ‘water source protection’ being inserted into Condition 2 of the ‘Conditions of Use’ of Addition Use No.12 in Schedule 9. The rationale of this inclusion is to allow for the protection of the dam on the property, and prevent any contamination from chemical spill as an environmental protection measure. Currently, Condition 2 reads:

“The local government may impose conditions on the planning approval including those relating to revegetation, hours of operation, noise and managing dust.”

DoW have proposed Condition 2 be replaced with:

“The local government may impose conditions on the planning approval including those relating to revegetation, hours of operation, noise, water source protection and managing dust.”

Shire staff are agreeable to the inclusion of this minor change to wording. Shire staff recommend that Council request modification of the wording of Condition 2 to the Amendment to the Western Australian Planning Commission (WAPC). The modification is discussed further below.

Department of Health (DoH)

DoH have requested that any installation of waste water systems comply with DoH requirements, and that any noise and dust management plans (if required) be approved by the Shire.

These aspects will be considered at the time an application for planning approval is submitted to the Shire for assessment and should the above be required, these will be reflected as conditions of planning approval. Shire staff are satisfied no modification to the Amendment is required.

Modifications to Amendment Resolution

A Schedule of Modifications for the Amendment has been prepared and is attached. The only modification proposed will replace the current wording of Condition of Use 2 of Additional Use No.12 of Schedule 9.

ATTACHMENT: 9.3.5(4)

It is recommended that Council adopts the Schedule of Modifications and requests the Minister for Planning make the modifications identified. The scheme amendment process requires all modifications to be made by the Minister, hence why Council needs to make a request rather than simply modify the documents.

Conclusion

The submissions received do not identify any matter that prevents the Amendment or structure plan proceeding at this time. It is recommended that Amendment No.20 be adopted by Council as outlined in the Officer Recommendation.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Town Planning Regulations 1967.

Policy / Strategic Implications:

Given the proposed amendment is specific to a single site and deals with an additional use, it is not directly affected by the Shire’s Local Planning Strategy.

Organisational risk management:

As local planning scheme amendments are approved by the Minister for Planning and not the local government, there is no organisational risk in the final adoption of this proposed amendment.

Financial Implications:

Nil.

Sustainability:

Environmental: The proposed amendment simply provides a mechanism for Council to consider a planning application in the future that will need to consider environmental impacts.

Economic: The proposed amendment will provide the landowner the ability to apply for planning approval to conduct a business from the property.

Social: The Scheme Amendment is well supported by nearby landowners and proprietors of local businesses. No submissions objecting to the Scheme Amendment were received. It is considered that the proposal is generally supported by the surrounding community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In pursuance of Regulation 18 (1)(a) of the Town Planning Regulations 1967 endorses the Schedule of Submissions relating to Amendment No. 20 as attached at 9.3.5(2);

2. In pursuance of Regulation 18 (1)(c) of the Town Planning Regulations 1967 endorses the Schedule of Modifications relating to Amendment No. 20 as attached at 9.3.5(4) and requests these be incorporated into Amendment No.20 by the Minister of Planning;

3. In pursuance of section 75 of the Planning and Development Act 2005 and Regulation 17(2) of the Town Planning regulations 1967 adopts with modifications Amendment No.20 to Shire of Manjimup Local Planning Scheme No.4 as attached at 9.3.5(1); and

4. Authorises the Shire President and Chief Executive Officer to execute and place the Common Seal on the documents for Amendment No.20.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26525

That Council:

1. In pursuance of Regulation 18 (1)(a) of the Town Planning Regulations 1967 endorses the Schedule of Submissions relating to Amendment No. 20 as attached at 9.3.5(2);

4. Authorises the Shire President and Chief Executive Officer to execute and place the Common Seal on the documents for Amendment No.20.

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.6.3 Council Financial Payments October 2015

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Statutory and Corporate Services
FILE REFERENCE:	FNC9
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	25 November 2015
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.

Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $2,047,047.67 for the month of October 2015 are itemised in the attachment.

ATTACHMENT: 9.6.3(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 10 December 2015.

Fund	Vouchers	Amount
Municipal	87459 - 87680	$412,025.02
Trust Fund	2969 - 2975	$560.00
Total Cheques for Month of October 2015		$412,585.02

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 10 December 2015.

Fund	Batch	Amount
Municipal	83 - 91	$1,628,850.14
Total EFT for Month of October 2015		$1,628,850.14

Corporate Credit Card October 2015 – Municipal Account

20033.197.57	Manjimup Liquor World End-Of-Rates meeting ST:11		$110.76
20173.71.58	Mont Clare Apartments East Perth Accommodation Roy Winslow to attend Sunland Court Case		$350.00
20049.955.50	Tall Timbers Manjimup Lunch with Datacom ST:3 NS:1		$92.10
20033.924.57	The Karalee on Preston Como Meeting- Infrastructure fair value review ST:3		$93.00
20173.71.58	Comfort Hotel East Perth Accommodation – Roy Winslow to attend Sunland Court Case		$137.03
20173.71.58	Cont Clare Apartments East Perth Accommodation – Roy Winslow to attend Sunland Court Case		$350.00
20033.544.57	Department Parks/Wildlife Kensington DPAW Clearing Permit		$100.00
68.4999.3240.57	PayPal JayVeeTech Refund – 2x DVDO Wireless Adapters		-$623.87
20260.198.52	Great Southern Hotel Northbridge Accommodation – DWS attend W.A.D.E		$72.07
20260.198.52	Great Southern Hotel Northbridge Accommodation – BC attend W.A.D.E		$72.07
20260.198.52	Sweet Lips Leederville Dinner for DWS & BC – attend W.A.D.E		$52.70
2020.198.52	Foam Coffee Bar Leederville Breakfast for DWS & BC - Attend W.A.D.E		$33.20
20410.198.52	Australian Local Government Deakin Registration N.R.C 2015 - DWS		$890.00
20026.29.58	Australian Local Government Deakin Registration N.R.C 2015 – Shire President		$890.00
20260.198.52	Great Southern Hotel Northbridge Parking – DWS & BC – Attend W.A.D.E		$15.23
20074.197.57	Dept of Environment Perth Clearing Permit – CNR Vasse Highway Greens Road – Springfield BDB Shed		$50.00
20026.81.58	Crown Metropol Perth Burswood Accommodation – Shire President to attend Timber Industry Conference		$294.79
20049.197.57	Bello Torta Café MJP SMT Meeting Meals ST		$75.00
20049.197.57	Indepth Pty Ltd Cairns Iphone Case & Belt Clip – CEO (recouped)		$114.85
20410.198.52	Corporate Travel Management Brisbane Booking Fee – DWS Air Flight NRC 2015		$45.10
20026.81.58	Corporate Travel Management Brisbane Booking Fee – Shire President Air Flight NRC 2015		$45.10
20410.198.52	Qantas Airways Ltd Mascot Return flight – Melbourne DWS NRC 2015		$511.00
20026.81.58	Qantas Airways Ltd Mascot Return flight – Melbourne Shire President NRC 2015		$557.00
20033.197.58	Post Office MJP Identity Check for Sale of lot 107 Ralston Rd		$39.00
86.4999.6405.50	Adobe Creative Cloud Adobe systems CS7 Suite for P.R.O to design documents		$51.48
20033.281.58	Tall Timbers MJP Meals- Meeting with Auditors ST:2 CR:1 NS:2		$195.50
20221.197.57	Manjimup Motors Adaptor for 1012WA		$28.99
20230.208.58	Tourism Council WA Burswood 2015 WA Tourism Conference Walpole Nornalup Visitors Centre		$525.00
20221.197.57	Tall Timbers MJP Jasper Jones movie meeting refreshments		$16.60
20026.81.58	Banksia Gardens Albany Accommodation & meals for Shire President – Art Exhibition Opening		$171.00
20221.197.57	Blue Tiger Café MJP Meeting with Terry Redman/Wade De Campo		$14.50
20468.198.52	Agoda.com Accommodation MRS to attend conference		$115.00
85.4220.7328.57	WEX Australia Pty Ltd Camberwell Grocery Items purchased for MRAC Café Lil		$128.31
Total Credit Card Payments			$5,612.51
Total Payments for the month October 2015		$2,047,047.67

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 October 2015 totalling $2,047,047.67 as detailed in Attachment: 9.6.3(1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26526

That Council receive the accounts paid during October 2015 totalling $2,047,047.67 as detailed in Attachment: 9.6.3(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.6.4 Monthly Financial Activity Statement - October 2015

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Statutory & Corporate Services
FILE REFERENCE:	FNC3/3
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	27/11/2015
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 31 October 2015 is attached. The report is summarised by Function/Activity and Department with detailed reports by Department.

ATTACHMENT: 9.6.4(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 October 2015 is projected deficit of $6,113.

The $6,113 deficit 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 we progress through the financial year.

In brief the projected figures in most cases, assumes that the expenditure to 31 October 2015 continue at the same rate to 30 June 2016. Where an asterix appears in the “Adj” column in the Management Reports, the formula has been changed to reflect the irregular purchase, or seasonal nature of that particular account. It should be noted that where a projected under expenditure might occur, the budgeted figure is still maintained.

As reported in the September quarterly review, Library salaries are projected at $23,000 over budget. This projection has come about from the large payout when a long term staff member retired having all entitlements paid out. This line item will be monitored closely, and should be able to be offset with other department salary savings, if this doesn’t occur, the overspend can be taken from the Staff Annual and Long Service Leave Reserve account.

A positive item to come to light in this reporting period is Interim rates, with a gain to rates of $25,521. The Shire’s Rates Officer is working with Landgate to update their data base relating to vacant land issues. Valuations received by staff haven’t taken into account new developments on those vacant properties that should have triggered an increase to their overall value. The majority of this work is now complete so further increases are not expected.

Other than Library salaries, no other major discrepancies have come to light in the four months after adopting the 2015/2016 budget, and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2016.

STATUTORY ENVIRONMENT:

Section 6.8 Local Government Act and Financial Management Regulation 34

Policy / Strategic Implications:

Nil

Organisational risk management:

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 for October 2015 as per Attachment: 9.6.4 (1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26527

That Council receive the Financial Activity Statement Report for October 2015 as per Attachment: 9.6.4 (1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

9.10.1 Refugee Resettlement in the Shire of Manjimup - Formal Position of Council

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	NA
DIRECTORATE:	Community
FILE REFERENCE:	DEP4
LEGISLATION:
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	5/10/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

In September the Australian Federal Government announced its intention to resettle 12,000 Syrian refugees in Australia. This action was supported by the State Government of Western Australia who agreed to resettle, as a first year intake, 1,500 refugees in the Perth metropolitan area.

Councillors in October, expressed their verbal support to the Shire President for a submission to be forwarded to both the State and Federal Government in regard to the future opportunity to resettle refugees in the Shire of Manjimup. In addition the adopted Manjimup Supertown Growth Plan 2012 recommends further investigation and research into the economic opportunities pertaining to migrant resettlement.

The purpose of this report is to formally ratify Council’s position in regard to the Syrian and broader refugee resettlement crisis and the support given by the Shire of Manjimup.

PUBLIC Consultation Undertaken:

The support for Migrant Resettlement in the Shire of Manjimup evolved from the extensive community consultation undertaken throughout the Manjimup Futures Forums and SuperTown Growth Plan consultation.

COMMENT (Includes Options):

The Syrian refugee crisis has borne home the growing global issue of refugees endeavouring to reach borders to avoid conflict zones.

With the Australian Government’s commitment to resettle Syrian refugees an opportunity has arisen for the Shire of Manjimup to extend its support to the resettlement program. The announcement from the State Government to accommodate 1500 refugees also resulted in a number of local community members contacting the Shire of Manjimup to encourage resettlement of Syrian refugees in the region.

Whilst refugee resettlement is likely to have a positive economic stimulus impact, and potentially provide a ready labour source for the local economy, there would also be a number of hurdles that would need to be addressed. Physical accommodation would need to be brought in and social support services would need to be enhanced so as to address the specific needs of refugees. In saying this these hurdles are not insurmountable and in return local communities could offer refugees a safe and supportive environment to re-establish themselves.

STATUTORY ENVIRONMENT:

Nil

Policy / Strategic Implications:

Shire of Manjimup Growth Plan 2012 Strategic Project List 8 Research into Economic Opportunities – Migrant Resettlement.

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: A localised refugee resettlement program has the potential to generate positive economic growth through both increased population dynamics and ready labour source options.

Social: Communities within the Shire of Manjimup largely evolved through post war and group settlement endeavours. Communities are already multicultural with a broad acceptance of individuals from different cultural and ethnic backgrounds. As a major labour destination for backpackers this general acceptance of individuals from diverse ethnic back grounds is also illustrated.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Extends its ongoing sympathy and support to individuals and families affected by the Syrian and broader refugee crisis;

2. Offers support from the Shire of Manjimup communities to participate in the refugee resettlement program;

3. Encourages regional resettlement as an excellent means of both supporting refugees and stimulating the growth and viability of rural and regional Australia; and

4. Formally advise both the State and Australian Governments that the Shire of Manjimup invites refugee resettlement within the region.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26528

That Council:

1. Extends its ongoing sympathy and support to individuals and families affected by the Syrian and broader refugee crisis;

2. Offers support from the Shire of Manjimup communities to participate in the refugee resettlement program;

3. Encourages regional resettlement as an excellent means of both supporting refugees and stimulating the growth and viability of rural and regional Australia; and

4. Formally advise both the State and Australian Governments that the Shire of Manjimup invites refugee resettlement within the region.

ADOPTED BY EN BLOC RESOLUTION: 9/0

9.11.1 Shire of Manjimup Contribution to the Wellness and Lifestyle Centre

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	WLF3/4
LEGISLATION:	Local Government Act 1995
AUTHOR:	Liz Lockyear
DATE OF REPORT:	27/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The Shire of Manjimup Home and Community Care (HACC) is progressing towards construction of the planned Manjimup Wellness and Lifestyle Centre. External funding for this project has been secured from the WA Department of Health ($750,000) and LotteryWest ($1,044,000). Currently a grant funding application for the National Stronger Regions Fund (NSRF) is being prepared. The aim of the NSRF application is to secure the remaining funding so that the Centre can be constructed in its entirety at one time, rather than needing to construct the Centre in several stages.

The NSRF application requires a confirmed cash contribution from the applicant (the Shire of Manjimup). During the ordinary Council meeting on 10 September 2015, Council accepted the requirement to contribute $1,562,000 toward the Manjimup SuperTown Town Centre Revitalisation Project if the Royalties for Regions “Growing the South” Business Case for the SuperTown project is approved by the State Government. Of this amount, $300,000 has been set aside for the Manjimup Wellness and Lifestyle Centre. This commitment from Council is subject to the approval of the Royalties for Regions application, on which a decision from the State Government is still pending.

As such the purpose of this report is to endorse Council’s commitment to contribute $300,000 toward the Manjimup Wellness and Lifestyle Centre, regardless of whether the Royalties for Regions application will be successful or not. Together with the earlier secured funding (total of $1,794,000), Council’s cash contribution ($300,000) will be utilised as ‘seed funding’ for the NSRF application.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Construction of the Manjimup Wellness and Lifestyle Centre, which is driven by high demand, is due to commence in July 2016. Should the NSRF application be unsuccessful, construction of the Centre will need to be staged, with the first stage of the Centre comprising the HACC offices, day care centre and consultation rooms. Following stage(s) would see the Centre extended with respite rooms and a multifunctional space. However, staging the construction will result in significant delays of the realisation of the total project. Staging will also incur a considerable risk of the Shire being unable to secure additional funding for following stages.

If the Manjimup SuperTown Town Centre Revitalisation Project application is successful, the multifunctional space will be constructed irrespective of whether the NSRF grant application is successful.

The NSRF funding will enable the construction of the Centre in its entirety. An essential eligibility criteria for the NSRF application is a confirmed and unconditional cash contribution from the Shire as the applicant.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

The need for the establishment of the Manjimup Wellness and Lifestyle Centre is well documented in and aligned with:

· Shire of Manjimup Active Ageing Strategic Plan 2008 – 2028

· Manjimup SuperTown Townsite Growth Plan 2012

· Business Case Proposal for Manjimup Developing an Age-Friendly Town 2012

Organisational risk management:

Should Council chose not to commit to a cash contribution toward the NSRF application for the Centre, the Shire will not meet the eligibility criteria to apply for NSRF funding. In that event, it is unlikely that sufficient funding could be secured to allow the Centre to be constructed in its entirety and staging the construction will be inevitable. Staging will result in significant delays of the realisation of the total project. Staging will also incur a considerable risk of the Shire being unable to secure additional funding for following stages, as contributions to previously built stages will not be accepted as seed funding by grant providers.

The construction project has its own comprehensive risk register developed in line with the Shire of Manjimup risk management procedures.

Financial Implications:

The expenditure of Council’s contribution ($300,000) is likely to occur in 2017/18. Options are available to find this through a loan or ordinary municipal funds.

Sustainability:

Environmental: Nil. The land to be developed is already cleared and a suitable site from an environmental sustainability perspective.

Economic: The facility is designed to address Council’s priorities to retain existing ageing populations in the region and ensure Manjimup is well placed to motivate population growth through migration to the region. The services to operate from the facility will aid the retention of a skilled labour workforce and volunteers and provide a range of new jobs in the aged, disabilities and dementia care sectors.

Social: Shire of Manjimup HACC services provide a supportive environment in which older people, people with a disability, people living with dementia and their carers’ are able to participate in social, health and recreational activities in their community and maintain independent living longer.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Confirm that Lot 201 (Reserve: 15224) & Lot 473 (Reserve: 22916) Mount Street, Manjimup WA 6258 (16 Mount Street) is available for the purposes of the construction of the Manjimup Wellness and Lifestyle Centre;

2. Confirm that a cash contribution of $300,000 is committed to the construction of the Manjimup Wellness and Lifestyle Centre in the event that the National Stronger Regions Fund application is successful.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26529

That Council:

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.14.1 Minutes of the Audit Committee Meeting held 11 November 2015

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:
DIRECTORATE:	Statutory and Corporate
FILE REFERENCE:	FNC1 & CNL26
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	23/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

On 11 November 2015 Council’s Audit Committee met with the purpose of:

1. Discussing any matters arising from the statutory Annual Financial Audit for 2014/15 conducted by Council’s Auditors, AMD Chartered Accountants;

2. Contemplating any other outstanding Audit Committee matters; and

3. Identify any future focus areas for auditing purposes.

Council’s Auditor. Mr Tim Partridge of AMD Chartered Accountants was in attendance and addressed the Audit Committee. Minutes of the meeting are attached.

ATTACHMENT: 9.14.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There were two recommendations from the Audit Committee requiring consideration of Council. The Audit Committee was conscious of budget after the Minister for Local Government directed auditors to undertake a review of the Shire of Manjimup’s previous years financial accounts at the cost of the organisation, so future areas of focus are subject to a successful claim to the State for the costs incurred for those works.

Committee Recommendation	Officer Recommendation
“That the Annual Financial Report 2014/15 and the 30 June 2015 Management Report including findings contained within the 30 June 2015 Management and the measures proposed by Management to remedy issues are accepted and recommended to Council by the Audit Committee.”	Supported noting that the Annual Financial Report was adopted by Council at the meeting 12 November 2015
That if sufficient funds become available due to the successful claim of audit fees from the State, then a review of the policy for purchasing, and volume of purchasing of services by contractors be undertaken.	Supported

Another matter that is due to be carried out by 30 June 2016 and not considered at the time of the Audit Committee Meeting is the 2016 Financial Management Regulation Review. Under Section 5 of the Local Government (Financial Management Regulations), Local Government CEO’s are required to undertake a Financial Management Review once every 4 years. AMD Chartered Accountants have supplied a quote to carry out the review and the costs is $5,500, this review is required to be completed by the 30 June 2016. It is recommended that this is endorsed by Council.

In 2016 a second review, being the Regulation 17 Review must be completed by the Chief Executive Officer and the report made available to the Audit Committee by 31 December 2016. This review seeks to assess the appropriateness and effectiveness of a Local Government’s systems and procedures in relation to Risk Management, Internal Controls and Legislative Compliance. AMD Chartered Accountants have also quoted on this review at a cost of $9,000 which if carried out will be taken from Audit Fees in the 2016/17 financial Year.

STATUTORY ENVIRONMENT:

Management is responsible for the preparation of the financial report that gives a true and fair view in accordance with Australian Accounting Standards, the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996.

Policy / Strategic Implications:

The Audit Committee is established under the Local Government Act to provide guidance and assistance to Local Government in achieving the audit requirements of the Act, thus ensuring that the financial management of the Shire of Manjimup remains open, transparent and accountable.

Organisational risk management:

Nil

Financial Implications:

The Annual Audit provided by AMD Chartered Accounts is a quoted service and covered under the Administration and Finance budget for “Audit Fees”.

Sustainability:

Environmental: Nil

Economic: It is essential that Local Government maintains open, transparent and accountable processes in the expenditure of public monies. Regular financial audits by auditors and the functions of the Audit Committee are some of the methods established to assist Local Government in meeting legislative and community expectations.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive the minutes of the Audit Committee meeting held 11 November 2015 as per Attachment: 9.14.1(1);

2. Accept and endorse recommendations as contained in the 30 June 2015 Management Report Attachment: 9.14.1(2)

3. Endorse the audit request “review of the policy for purchasing, and volume of purchasing of services from contractors” subject to a successful claim from the State for audit costs created from a request from the Minister of Local Government to Council’s auditors; and

4. Endorse the expenditure of $5,500 from within the existing Audit Fees account to fund AMD Chartered Accountants to undertake the Financial Management Review.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Munro, G

26530

That Council:

1. Receive the minutes of the Audit Committee meeting held 11 November 2015 as per Attachment: 9.14.1(1);

2. Accept and endorse recommendations as contained in the 30 June 2015 Management Report Attachment: 9.14.1(2)

4. Endorse the expenditure of $5,500 from within the existing Audit Fees account to fund AMD Chartered Accountants to undertake the Financial Management Review.

ADOPTED BY EN BLOC RESOLUTION: 9/0

9.1.1 Delegations over the Christmas Vacation Period from 27 November 2015 to 8 January 2016.

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:
WARD:	Whole of Shire
ZONE:
DIVISION:	Office of the CEO
FILE REFERENCE:	ADM 14
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	20/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council previously resolved that after the 10 December 2015, Council will not meet again until the 21 January 2016.

The agenda for the 10 December 2015 meeting closed Friday 27 November 2015. This results in a period of 42 days elapsing before some matters will be considered by Council at the 21 January 2016 meeting, the agenda cut off for which is 8 January 2016.

The purpose of this report is to delegate decision making authority over this extended Christmas period.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Whilst the Chief Executive Officer has been delegated wide authority, which is subsequently delegated to other relevant officers, certain matters arise that require determination by Council only.

It is proposed that delegated authority be granted to the Chief Executive Officer for all Council functions (other than those matters requiring an absolute majority or specifically precluded by the Local Government Act 1995) to decide on matters that cannot be held over to the 21 January 2016 meeting.

Exercise of such authority requires support by the Shire President and the relevant ward Councillor/s and will be reported to the Council at the 21 January 2016 meeting.

This practice has been followed for the last 20 years with only 8 occurrences of exercised authority being necessary. One minor delegation occurred during the 2014/15 break and this was reported to Council at the 22 January 2015 meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995, Section 5.42

Policy / Strategic Implications:

The strategic implication for assigning such authority is to allow development and other matters to proceed in a timely manner when Council is not sitting.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITy

Officer Recommendation:

That Council delegate to the Chief Executive Officer for the period 27 November 2015 to 8 January 2016 power to determine matters which cannot be held over until the 21 January 2016 ordinary Council meeting subject to this delegation being limited to:

1. Issues that arise during the period 27 November 2015 to 8 January 2016;

2. Issues advertised for public comment to which no valid objection has been received;

3. Issues to which the Shire President and relevant ward Councillors raise no objection;

4. Those matters precluded from delegation under the Local Government Act 1995; and

5. A report being presented to the 21 January 2016 Council meeting detailing any such delegations exercised.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Logan, C

26531

1. Issues that arise during the period 27 November 2015 to 8 January 2016;

2. Issues advertised for public comment to which no valid objection has been received;

3. Issues to which the Shire President and relevant ward Councillors raise no objection;

4. Those matters precluded from delegation under the Local Government Act 1995; and

5. A report being presented to the 21 January 2016 Council meeting detailing any such delegations exercised.

CARRIED: 9/0

ATTACHMENT

APPENDIX

9.1.2 2016 Register of Delegations Under Legislation

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:
WARD:	Whole of Shire
ZONE:
DIVISION:	Office of the CEO
FILE REFERENCE:	CNL 12
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	20/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

In order to allow the efficient management of Shire business, a number of powers vested in the Council are delegated to the administration via the Chief Executive Officer (CEO). The CEO may then delegate such powers to other employees.

Council’s delegations were last reviewed on 11 December 2014 and the 2015 Register of Delegations Under Legislation is appended for information.

APPENDIX: 9.1.2(A)

The 2016 Register of Delegations Under Legislation (“Register”) is attached and Council’s endorsement of this Register is now sought.

ATTACHMENT: 9.1.2(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The attached Register is considered to be consistent with the requirements of the Local Government Act 1995 to review such delegations annually. Council has historically provided significant delegation to officers to enable the efficient execution of functions and activities.

Only minor amendments have been made to the 2015 Register of Delegations Under Legislation reflecting an adjustment in the organisational structure and officer titles.

STATUTORY ENVIRONMENT:

Local Government Act

Delegation of power by Council to officers is contained within Division 4 of the Local Government Act 1995 - Local Government Employees. Delegations made under Division 4 are to be reviewed at least once every year.

Section 5.42 provides the head of power to delegate to the Chief Executive Officer other than:

· Any decision requiring an absolute or special majority;

· Awarding a tender over the tender threshold;

· Appointing an auditor;

· Acquiring or disposing property exceeding prescribed amount;

· Determining members fees;

· Borrowing funds;

· Determining an objection to a decision;

· Any power or duty requiring the approval of the Minister or Governor.

Section 5.44 allows the CEO to subsequently delegate to any employee of the local government the exercise of the CEO’s powers.

Other Acts

In addition to the above, delegated powers also arise from other Acts as listed in the Register but they must have a specific head of power to enable delegation.

Policy / Strategic Implications:

Strategic – the efficient administration of the local government is largely reflective of the extent of delegation of authority.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Efficient administration of local government and expeditious processing of approvals.

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council in accordance with Section 5.42 (1) of the Local Government Act 1995 and other Acts as designated, delegate the exercise of its powers and duties in accordance with the “2016 Register of Delegations under Legislation” to the Chief Executive Officer and others as contained in Attachment: 9.1.2(1)

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Logan, C

26532

CARRIED: 9/0

ATTACHMENT

APPENDIX

9.1.3 2016 Register of Delegations Under Council Policy

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:
WARD:	Whole of Shire
ZONE:
DIVISION:	Corporate Services
FILE REFERENCE:	CNL12
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	20/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council last conducted a review of delegations of powers under Council policy on 11 December 2014. The 2015 Register of Delegations Under Council Policy is appended.

APPENDIX: 9.1.3(A)

In order to allow the efficient management of Shire business, a number of powers and duties vested in the Council are delegated to the administration via the CEO. The CEO may then delegate such powers to other employees.

The 2016 Register of Delegations Under Council Policy is attached for Council’s consideration.

ATTACHMENT: 9.1.3(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Register of Delegations Under Council Policy is now due for review under the requirements of the Local Government Act. Council previously provided broad delegation to the Chief Executive Officer and in the absence of any concerns about the degree of delegation provided it is recommended that such delegations continue.

Changes to the register reflect new policies adopted and old policies rescinded by Council during the year. Changes have also been made to amend CEO delegation to reflect the recent adjustment in the organisational structure and officer titles.

STATUTORY ENVIRONMENT:

Section 5.42 provides the head of power to delegate to the Chief Executive Officer other than:

· Any decision requiring an absolute or special majority;

· Awarding a tender over the tender threshold;

· Appointing an auditor;

· Acquiring or disposing property exceeding prescribed amount;

· Determining members fees;

· Borrowing funds;

· Determining an objection to a decision; or

· Any power or duty requiring the approval of the Minister or Governor.

Section 5.44 allows the CEO to subsequently delegate to any employee of the local government the exercise of the CEO’s powers.

It is considered that the statutory requirement to review all Council policy delegations is debateable however it remains good practice to do so regardless. This ensures up to date delegations exist and removes all ambiguity to the requirement to do so or not.

Policy / Strategic Implications:

Policy – as referred in the Register of delegations under Council policy.

Strategic – the efficient administration of the local government is largely reflective of the extent of delegation of authority.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Efficient administration of local government and expeditious processing of approvals.

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council in accordance with Section 5.42 (1) of the Local Government Act 1995 delegate the exercise of its powers and duties in accordance with the “2016 Register of Delegations under Council Policy” as contained in Attachment: 9.1.3(1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Logan, C

26533

CARRIED: 9/0

ATTACHMENT

9.3.2 Proposed Industry - Extractive at Location 12935 Double Bridges Road, Meerup

PROPONENT	PG & BM Pratt
OWNER	PG & BM Pratt
LOCATION / ADDRESS:	Location 12935 Double Bridges Road, Meerup
WARD:	Coastal
ZONE:	General Agriculture
DIRECTORATE:	Statutory and Corporate Services
FILE REFERENCE:	P51819
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	29 October 2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council is requested to consider an application for planning approval for the establishment and operation of a shale extractive industry at Location 12935 Double Bridges Road, Meerup. An overview of the proposal including location and site plans and management details is attached.

ATTACHMENT: 9.3.2(1)

Location Plan

Location 12935 is 200.4ha in area and is zoned General Agriculture by Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The property is predominantly vegetated, with a mixture of plantation (approved in 2005) and native vegetation with several dams and soaks scattered across the property. An Industry – Extractive had previously been conditionally approved by Council in 2007, but approval has since expired.

This application requires determination by Council as Industry – Extractive is an ‘A’ use in the General Agriculture zone and cannot be determined under delegated authority.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme, as a “Level D” application as required by Local Planning Policy 6.1.4 Advertising of Planning Proposals. The application was available for public comment from 14 October 2015 until 28 October 2015. Four (4) submissions, from the Department of Water, Department of Parks and Wildlife, Department of Mines and Petroleum and one adjoining landowner were received. The submissions are attached, and will be discussed as appropriate in the Comment section below.

ATTACHMENT: 9.3.2(2)

COMMENT (Includes Options):

Details of Proposal

Details of the proposed Industry – Extractive are as follows:

§ The application is an extension to a shale pit;

§ The pit is proposed to produce up to approximately 10,000m³ of shale;

§ The shale is to be extracted on a supply and demand basis over 20 years. Shire staff note that only a 5 year approval can be granted;

§ The maximum depth of the extraction is proposed to be 3 metres;

§ The proposed truck route is along Double Bridges Road to Wheatley Coast Road. For smaller loads a tip truck route along Guernsey Gully Road to Wheatley Coast Road is preferred;

§ The current site has Eucalyptus globulus (Tasmanian Blue Gum) planted on it and it is proposed to remove approximately 2 hectares as needed; and

§ Once the extraction has finished in the exposed area, the top soil that has been retained will be used to level and rehabilitate the extraction site.

Site Characteristics

The subject property is predominantly vegetated with blue gums and other native vegetation.

The extraction site is located on a level area of the property and is not visible from either the Tattenham Road Reserve or Guernsey Gully Road and is proposed to be an extension to an existing shale pit on the subject property. The shale extraction site is to be located 200m from Lot 2 Location 8332 Tattenham Road Reserve, 240m from Guernsey Gully Road. The other setbacks are 715m to the boundary of Lot 8328 and 1,326m to the boundary of Location 12148 as described in the aerial photograph attached.

Compliance with Scheme

The proposed extraction area is proposed to be setback from all property boundaries in accordance with clause 5.34.2.4 of the Scheme. More specifically, clause 5.34.2.4(e) states that when determining proposals for the establishment of an extractive industry within a General Agriculture zone, consideration should be given to the impact to the environment and landscape qualities of the locality and that adequate provision is made for more intensive use of rural lands. These matters are taken into account in the assessment outlined below.

Compliance with Local Planning Policy 6.1.38 Extractive Industries

A planning assessment of the proposed extraction against the Policy is attached. The proposed extraction is considered to comply with the requirements of the Policy, subject to standard conditions.

ATTACHMENT: 9.3.2(3)

Submissions

As stated above, four (4) submissions have been received as a result of the advertising period.

Department of Mines and Petroleum (DMP)

The DMP presented no objection to the proposal, and noted the proposed extraction site is within its MINEDEX database. The DMP has no requirements with regard to the application.

Department of Parks and Wildlife (DPaW)

The DPaW have no objections to the proposal providing all statutory requirements are met.

DPaW recommends that the enterprise be controlled by an Approved Environmental Plan and that the scale of the industry be limited to that outlined in the Plan. Shire staff are of the opinion that the environmental management of the site can be adequately captured within a suitable Site Rehabilitation Plan, and the limiting of the extractive area to 1ha being worked at any one time. These requirements will be included as a condition on any approval granted by Council.

The control of dust and noise during the extraction process and transportation phase should comply with the Health Act and Environmental Protection Act so as to ensure the impact on neighbouring properties is within acceptable levels. A standard condition requiring the applicant to operate only between the hours 7am to 5:30pm Mondays to Saturdays only will be included on any approval granted.

Given that the proposed shale pit is located more than 1km from the nearest dwelling, is of a relatively small nature and meets the buffer requirements as listed in Appendix 1 of Part A – Separation Distances between Industrial and Sensitive Land Uses of the Environmental Protection Authority’s Guidance Statement No.33, dust suppression measures for the site will not be requested as a condition of approval.

DPaW have also noted that should clearing of native vegetation be required, a clearing permit may be required from the Department of Environment Regulation. This advice will be included as an advice note on any approval granted by Council.

Department of Water (DoW)

The DoW notes that the extraction site is not located within either a proclaimed Surface Water Area or Groundwater Area under the Rights in Water and Irrigation Act 1914 but it is noted that the tributaries emanating from the lot are in the Gardner River sub catchment area.

The DoW has recommended that the Shire require the proponent to prepare a detailed Site Operational Plan, to include a distinct section on water management measures prior to any extractive industry being approved.

The DoW has also recommended that a Site Rehabilitation Plan be developed and approved prior to the commencement of the proposal, to ensure the restoration of the land’s productive capacities.

Local Resident

A local resident has stated that they have no issue with the proposal, provided there is no adverse impact to access to their property as one of the proposed access routes is along the Tattenham Road Reserve from Guernsey Gully Road. This is the only access to their property and it did not exist until they created it at their own expense. Given this, Shire officers will include a condition on any approval granted by Council that the proponent will be required to repair any proven damage of the access to Guernsey Gully Road.

Road Network

Nominated Route

The applicant has stated that the shale is proposed to be carted along Double Bridges Road as well as smaller loads along Guernsey Gully Road to Wheatley Coast Road. Trucks will generally use these roads to reach the required destination.

The applicant has stated that the truck movements will vary over the life of the shale pit on a supply and demand basis.

Impact on Roads

Double Bridges Road is an unsealed road and provides access to the lots between Tattenham Road and Wheatley Coast Road. Also Guernsey Gully Road is an unsealed road and provides access to properties between Tattenham Road and Wheatley Coast Road. These properties are generally used for rural activities as well as small hobby farms. Currently, log trucks are carting plantation logs along Double Bridges Roads to Wheatley Coast Road. Guernsey Gully Road is a narrow road with limited room for manoeuvring around large vehicles. Shire officers note that a number of complaints have been received in recent months from residents on Double Bridges Road in regard to the dust generated by heavy haulage vehicles moving along the road. Shire officers agree with the applicant’s suggestion that smaller, tip-truck loads of shale exit the property via Guernsey Gully Road, in order to reduce the use of vehicles on Double Bridges Road. Shire officers will include a condition on any approval granted by Council that the proponent will be required to repair any proven damage to Guernsey Gully or Double Bridges Roads.

Site Rehabilitation

The proponent has not indicated what area of the site will be exposed for extraction at any one time. The Policy allows for a maximum 1 ha to be exposed at any one time. Once extraction has finished within the exposed area, it will be rehabilitated with previously stockpiled topsoil. Conditions restating the requirements to maintain a 1ha excavation area and to stockpile topsoil for the progressive rehabilitation of the site will be attached to any approval granted by Council.

Conclusion

It is recommended that the proposed Industry - Extractive is approved subject to conditions. The setback of the Industry - Extractive to the adjoining property boundaries and the intended scale of the development are not considered to generate an impact on the amenity of the area.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Local Planning Scheme No. 4.

Policy / Strategic Implications:

The application has been assessed against the provisions of the Shire of Manjimup’s Local Planning Policy 6.1.38 Extractive Industries.

Organisational risk management:

Approval of this application by Council, provided that the Industry - Extractive is compliant with the Scheme and Policy, enforced through conditional consent granted by Council, will not generate any organisational risk.

Financial Implications:

The required Planning Application fee has been paid by the Applicant.

Sustainability:

Economic: The development if approved will potentially increase the productive use of the land.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4, grants planning approval to the proposed Industry – Extractive (Shale) at Location 12935 Double Bridges Road, Meerup (TP146/2015) in accordance with submitted plans as attached at 9.3.2(1) and subject to the following conditions:

a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the local government (Planning and Environment);

b) This planning approval is granted for a five (5) year period only and shall expire on 10 December 2020 or once the extraction of 10,000m³ of shale has occurred (Planning and Environment);

c) Any damage to both Double Bridges Road and Guernsey Gully Road caused by vehicles associated with the approved Industry - Extractive is to be repaired at the applicant’s cost to the satisfaction of the local government (Technical Services);

d) Preparation of a Site Operational Plan to the satisfaction of the Department of Water and the local government prior to the commencement of extraction detailing:

· How risk of erosion and sedimentation of nearby water bodies will be minimised;

· How stormwater will be detained on-site, such that peak discharge during the extraction period does not exceed peak discharge prior to development (Technical Services, Department of Water);

e) Preparation of a Site Rehabilitation Plan to the satisfaction of the Department of Water and the local government prior to the commencement of extraction incorporating:

· The staging process of the rehabilitation of the extraction site;

· The contour ripping of the bottom and sides of the extraction pit area;

· The storage and spreading of stockpiled topsoil;

· Implementation of the Site Rehabilitation Plan to the satisfaction of the local government (Technical Services, Department of Water);

f) A maximum of one (1) hectare shall be worked at any one time with progressive rehabilitation of the excavated areas so as to maintain an open area of no more than one (1) hectare to the satisfaction of the local government (Technical Services); and

g) The operation of the extractive industry and the transportation of materials from the site shall be restricted to the hours 7am to 5:30pm, Mondays to Saturdays only, but shall not operate on Sundays or on Public Holidays (Planning and Environment).

2. Advises the applicant that prior to the commencement of the Industry – Extractive, the attention of the proponent is drawn to the fact that further approvals from the Department of Environment Regulation may be required.

COUNCIL RESOLUTION:

Moved: Munro, G Seconded: Tapley, D

26534

That Council:

b) This planning approval is granted for a five (5) year period only and shall expire on 10 December 2020 or once the extraction of 10,000m³ of shale has occurred (Planning and Environment);

d) Preparation of a Site Operational Plan to the satisfaction of the Department of Water and the local government prior to the commencement of extraction detailing:

· How risk of erosion and sedimentation of nearby water bodies will be minimised;

· How stormwater will be detained on-site, such that peak discharge during the extraction period does not exceed peak discharge prior to development (Technical Services, Department of Water);

e) Preparation of a Site Rehabilitation Plan to the satisfaction of the Department of Water and the local government prior to the commencement of extraction incorporating:

· The staging process of the rehabilitation of the extraction site;

· The contour ripping of the bottom and sides of the extraction pit area;

· The storage and spreading of stockpiled topsoil;

· Implementation of the Site Rehabilitation Plan to the satisfaction of the local government (Technical Services, Department of Water);

h) Preparation of a Dust Management Plan by the applicant and implemented to the satisfaction of the local government (Planning and Environment).

CARRIED: 9/0

Councillor Jenkins declared an Impartiality Interest in this item as she is the chairman of Windmill projects and declared that she would consider this matter on its merits and vote accordingly.

9.6.1 Transfer of Lease and Joint Venture from Windmill Projects Inc to Alliance Housing - 33 Bath St, Manjimup

PROPONENT	Bunbury Housing Association Inc trading as Alliance Housing
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	33 (Lot 115) Bath St, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Business Services
FILE REFERENCE:	P57224
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	25 November 2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The Shire of Manjimup purchased 33 (Lot 115) Bath St, Manjimup as a freehold title in 1992 for the purpose of establishing community housing under a tripartite joint venture agreement with the then State Housing Commission and Windmill Projects Inc.

Under this arrangement the Shire contributed the land, the State Housing Commission contributed the construction costs of four housing units and Windmill Projects managed the housing. To facilitate the management arrangement the Shire has leased the land to Windmill Projects since June 1999.

Windmill Projects have advised they wish to relinquish their responsibility under the joint venture agreement for this and the lease to be transferred to Alliance Housing (WA). The Housing Authority (Department of Housing) have agreed to this transfer.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Windmill Projects Inc is a volunteer organisation and in managing the four units have provided accommodation to persons with disabilities for 16 years. Windmill Projects have advised that the governance requirements are now beyond the scope of their volunteers and at a committee meeting in February 2015 they resolved to relinquish their management rights to another housing organisation.

Following discussions between the two organisations, Alliance Housing (WA) have requested to take on the management of this property. Windmill Projects have agreed to this as they are satisfied that Alliance Housing will continue the service of providing housing for persons with disabilities.

Alliance Housing is a registered community housing provider complying with requirements regulated by the Housing Authority. They provide affordable housing to persons who meet the income and asset thresholds governed by the Commonwealth Rent Assistance program. The Housing Authority have advised Alliance Housing are their preferred provider in the South West region, with 95 properties throughout, including two houses in Manjimup. Given this they are well equipped to add the units at 33 Bath St to their property portfolio to manage and maintain. The current tenancies for the units will be retained with the management transition and any surplus funds held by Windmill Projects will be forwarded to Alliance Housing.

The current tripartite agreement between the Housing Authority, Shire and Windmill Projects will be terminated and Windmill Projects released from all responsibilities. The deed of agreement for the termination will outline that the Housing Authority’s 95.55% and Shire’s 4.45% equities in the land and improvements will continue. As Windmill Projects held no equity, a new tripartite agreement with Alliance Housing is not required, instead the Housing Authority will add 33 Bath St to Alliance Housing’s existing Community Housing Agreement for various properties. The Shire will lease the property to Alliance Housing which will include conditions that they are to comply with their Community Housing Agreement.

Given all parties are in agreement and this arrangement will allow for an efficient transition of management to an established community housing provider, it is recommended that Council consent to the transfer.

STATUTORY ENVIRONMENT:

Section 3.58 of the Local Government Act 1995 deals with the requirements for leasing Council land; however Section 30(b) of the Local Government (Functions and General) Regulations 1996 exempts from these requirements leases to charitable, benevolent, educational, recreational, sporting or other like bodies, provided the members are not entitled to receive any pecuniary profit. The lease to Alliance Housing will comply with this exemption as it is a charitable organisation and a charitable land use. Alliance Housing have endorsement as an income tax exempt charitable entity under Subdivision 50-B of the Income Tax Assessment Act 1997.

Policy / Strategic Implications:

Property Leasing Policy 4.2.8 states that the lease duration for aged persons’ accommodation is to be for 20 years to reflect the long-term residential use of the property. On this basis it is recommended that the lease to Alliance Housing be for 20 years.

Organisational risk management:

Nil

Financial Implications:

There will be no additional financial implications for the Shire. The Housing Authority will continue to hold their equity in the land and improvements. Alliance Housing (WA) will be responsible for all building maintenance and other expenses.

Under the existing agreements the Shire has been covering the annual building insurance premium costs. However it is recommended that with the new lease Alliance Housing will be responsible for this cost, in line with the Shire’s standard lease agreements.

Windmill Projects currently receive a 75% concession on the rates for 33 Bath St and it is expected that Alliance Housing will apply for, and be eligible for the same concession. At the meeting of 22 October 2015 Council approved a 75% concession on the rates for two houses managed by Alliance Housing in Manjimup.

Sustainability:

Environmental: Nil

Economic: Community housing provides affordable accommodation for eligible persons.

Social: Alliance Housing will continue the purpose of the housing to be for persons with disabilities.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Terminate, by mutual consent, the existing tripartite joint venture agreement between the Housing Authority, Shire of Manjimup and Windmill Projects Inc;

2. Terminate, by mutual consent, the lease between the Shire of Manjimup and Windmill Projects Inc over 33 (Lot 115) Bath St, Manjimup;

3. Thank Windmill Projects for their management of the community housing; and

4. Lease 33 (Lot 115) Bath St, Manjimup to Bunbury Housing Association Inc, trading as Alliance Housing (WA), for a term of 10 years with a renewal option of a further 10 years, following termination of the existing lease, at a rental of ten dollars per annum payable on demand; subject to:

a) compliance with the conditions of the community housing agreement between the Housing Authority and Alliance Housing (WA); and

b) Alliance Housing (WA) being responsible for all management, maintenance and insurance of the housing.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Jenkins, D

26535

That Council:

1. Terminate, by mutual consent, the existing tripartite joint venture agreement between the Housing Authority, Shire of Manjimup and Windmill Projects Inc;

2. Terminate, by mutual consent, the lease between the Shire of Manjimup and Windmill Projects Inc over 33 (Lot 115) Bath St, Manjimup;

3. Thank Windmill Projects for their management of the community housing; and

a) compliance with the conditions of the community housing agreement between the Housing Authority and Alliance Housing (WA); and

b) Alliance Housing (WA) being responsible for all management, maintenance and insurance of the housing.

CARRIED: 9/0

Councillor Daubney declared a Financial Interest in this item as she is the selling agent. Cr Daubney did not speak or vote on the matter and left the Chamber at 5.56pm

9.6.2 Windy Harbour Lease Transfer - Site 41

PROPONENT	Harris Baker David MacDonald and Catrin Iversen
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 41 Boat Ramp Rd, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business Services
FILE REFERENCE:	P54137
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	25 November 2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Reserve 38881 (Nelson Locs 12439 and 13304) Windy Harbour is vested in the Shire of Manjimup for the purpose of “Recreation, Camping, Caravan Park and Holiday Cottages” with the power, subject to the consent of the Minister for Lands, to lease all or any portion of Nelson Loc 12439 and Sites 307, 308 and 309 on Nelson Loc 13304, for any term not exceeding 21 years. Since 2001 Council has been granting 20 year leases.

Harris Baker holds a 20 year lease over Site 41 Windy Harbour, which commenced 23 January 2003, and has entered a contract for sale of the lease to David MacDonald and Catrin Iversen.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In accordance with Policy 3.4.2 a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. A general condition assessment for Site 41 was completed on 2 September 2015 with the building and site in an overall satisfactory condition with no work orders issued.

The existing lease has 7 years remaining, a full 20 year lease term has been requested by the purchaser.

STATUTORY ENVIRONMENT:

The Department of Local Government has previously advised that Windy Harbour leases are considered residential and therefore exempt from s3.58 (Disposing of Property) of the Local Government Act 1995 under s30(2)(g) of the Local Government (Functions and General) Regulations 1996.

The Department of Local Government has also advised that a transfer/assignment of an existing lease does not constitute a ‘disposition of property’ from the Local Government’s point of view.

Each lease and any subsequent transfers must receive the approval of the Minister for Lands in accordance with section 18 of the Land Administration Act 1997.

Policy / Strategic Implications:

The lease transfer with a new full 20 year lease term is in accord with Council Policy 3.4.2 Windy Harbour Leases.

Financial Implications:

Leaseholders are required to pay Council’s lease preparation fee to offset the administration costs of preparing and lodging each lease, lease surrender or lease transfer.

Council imposes rates and an annual lease fee on each Windy Harbour site.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Terminate, by mutual consent, the 20 year lease over Site 41 Windy Harbour between the Shire of Manjimup and Harris Dale Baker; and

2. Approve a 20 year lease over Site 41 Windy Harbour, commencing 10 December 2015, between the Shire of Manjimup and David Alan MacDonald and Catrin Maria Iversen; subject to consent from the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Munro, G

26536

That Council:

1. Terminate, by mutual consent, the 20 year lease over Site 41 Windy Harbour between the Shire of Manjimup and Harris Dale Baker; and

CARRIED: 8/0

Cr Daubney returned to Chambers at 5.57pm.

ATTACHMENT

9.7.1 Receipt of Funds Resulting From Sunland Pty Ltd Prosecution

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:
WARD:
ZONE:
DIRECTORATE:	Technical Services
FILE REFERENCE:	WRK33
LEGISLATION:	Local Government Act 1995, Planning and Development Act 2005
AUTHOR:	Michael Leers
DATE OF REPORT:	24/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

In October 2015 a Magistrates decision ruled that a penalty of $212,419, which included court costs, be paid by Walpole landowner Sunland Pty Ltd for an act of unauthorised clearing works. Attached is the cover letter provided with the cheque from the Shires’ solicitors, acknowledging the total amount.

ATTACHMENT: 9.7.1(1)

The ruling in favour of the Shire of Manjimup resulted from legal proceedings against Sunland Pty Ltd for direct contravention of clearing provisions established within the Shire of Manjimup Local Planning Scheme No. 4. The illegal clearing took place within the Walpole subdivision known as Boronia Ridge, in May 2012. Shire officers responded to a complaint from a member of the public on the day of the clearing and found 15 individual lots on Merlot Court, McCallum Way and Karri Streets that had been cleared beyond the Shire and Western Australia Planning Commission approval.

The Planning and Development Act 2005 provides local governments with the power to prosecute actions which are deemed to be an offence. Section 218 of the Act identifies that the contravention of the provisions of a planning scheme constitutes an offence which may be prosecuted under Section 224. Stages 2B and 3 of the subdivision, where the illegal clearing took place, are subject to an approved subdivision guide plan, which prescribes building envelopes within which clearing is allowable. Those building envelopes are sized to maximise the retention of native vegetation and lessen the impact of the development upon the landscape and environmental character of the locality.

The purpose of this report is to recommend disbursement of the money received to repay its total costs associated with prosecution and be used to fund various Shire projects in the Walpole area.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Shire Officers recommend that the Shires total costs associated with the prosecution of $77,853 are recovered with the majority of the money isolated and assigned to the Strategic Asset Reserve. It is also recommended the balance of the penalty go back into Walpole community infrastructure projects, pending Council approval.

Recommendations for community infrastructure are sealing of Recreation Vehicle access road to the dump point in Pioneer Park, additional street furniture for the Walpole Main Street upgrade including seating, bins, etc, revegetation of the Walpole Foreshore following recent illegal clearing activities, plans and design for the Walpole Foreshore Boardwalk and contributory funds to assist grant applications to upgrade the Walpole Jetty carpark. If Council approve these recommendations, the funds will be transferred to the 2015/16 capital budget.

There is also an opportunity to assist with conclusion of the Middlesex Social Club subdivision by connecting underground power. This issue has taken a number of years to resolve due to lack of Shire funding when formalising the land tenure. Additionally the existing overhead electricity supply is ageing and may present a hazard in the future. By providing $15,000 towards this project, conditions of subdivision will be met. It is recommended this money be put in the 2015/16 capital budget to engage contractors to complete works.

STATUTORY ENVIRONMENT:

Local Government Act 1995, Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

This money will enable the Shire to recover its considerable cost associated with the persecution as well as providing a financial benefit for the Walpole community.

Organisational risk management:

A low risk with minor consequence exists if Council does not disburse the money as recommended.

Financial Implications:

Through receipt of $212,419.17 Shire costs can be recovered and various Shire projects can be undertaken with no significant financial implication to the Shire budget.

Sustainability:

Environmental: Nil

Economic: Upgrade and enhancement of Walpole Public Open Space infrastructure improves visitor and business experience.

Social: Provides further upgrade of infrastructure for the Walpole community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the $212,419.17 paid to the Shire by Sunland Pty Ltd as a result of its prosecution for noncompliance with the Planning and Development Act 2005;

2. Provide for the total costs of $62,853.48 for prosecution with money held in the Strategic Asset reserve;

3. Provide for the Walpole community by investing in further infrastructure with money to be disbursed to

a. Sealing road for RV access to dump point in Pioneer Park,

b. Walpole Main Street seating, bins, etc,

c. Walpole Foreshore revegetation,

d. Foreshore Boardwalk plan and design,

e. Walpole Jetty carpark, and

4. Fund the costs of $15,000 for underground power for the Middlesex Social Club subdivision

Description	Current Budget	Amended Budget	Variation
Sundry Income – Fines and Penalties	$0	($212,419)	($212,419)
Transfer to Strategic Asset Development Reserve (Sunland Pty Ltd Prosecution Costs)	$0	$62,853	$62,853
Sealing road for RV access to dump point in Pioneer Park	$0	$30,000	$30,000
Walpole Main Street	$0	$24,566	$24,566
Walpole Foreshore Revegetation	$0	$5,000	$5,000
Foreshore Boardwalk plan and design	$0	$15,000	$15,000
Walpole Jetty carpark	$0	$60,000	$60,000
Middlesex Social Club underground power	$0	$15,000	$15,000
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: DeCampo, W Seconded: Munro, G

26537

That Council:

1. Receive the $212,419.17 paid to the Shire by Sunland Pty Ltd as a result of its prosecution for noncompliance with the Planning and Development Act 2005;

2. Provide for the Walpole community by investing in further infrastructure with money to be disbursed to

a. Sealing road for RV access to dump point in Pioneer Park,

b. Walpole Main Street seating, bins, etc,

c. Foreshore Boardwalk plan and design,

d. Walpole Jetty carpark,

3. Fund the costs of $15,000 for underground power for the Middlesex Social Club subdivision

Description	Current Budget	Amended Budget	Variation
Sundry Income – Fines and Penalties	$0	($212,419)	($212,419)
Sealing road for RV access to dump point in Pioneer Park	$0	$30,000	$30,000
Walpole Main Street	$0	$87,419	$87,419
Foreshore Boardwalk plan and design	$0	$20,000	$20,000
Walpole Jetty carpark	$0	$60,000	$60,000
Middlesex Social Club underground power	$0	$15,000	$15,000
Net Rate Funds			$0

CARRIED: 9/0

9.8.1 Budget Ammendment for Proposed Purchase of All Terrain Vehicle

PROPONENT	Works and Services
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	All
ZONE:	NA
DIRECTORATE:	Works and services
FILE REFERENCE:	WRK7
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	26/11/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The current four wheel motorbike used by Parks and Gardens for parks, verge and roadside weed spraying is due for replacement this financial year and has been allocated $15,000 in the Shires Plant and Equipment budget. The recent Worksafe audit of Shire work practices at the Depot identified the four wheel motorbike currently used by Parks and Gardens is not compliant with Worksafe regulations. This noncompliance is due to the four wheel motorbikes safe working load capacity of 200kg, but having the 120 litre tank for herbicide with extra weight of spray equipment and driver the SWL exceeds 200kg.

Shire Officers have investigated the purchase of appropriate equipment, in particular an All-Terrain Vehicle which can carry 400 litres of herbicide while allowing safe and efficient delivery of service. The total costs involved in purchase of a suitable unit are expected to be $25,000 which includes the fitout of tanks and spray unit. This ATV unit complete with spray equipment can be purchased at a competitive price from local suppliers. The purpose of this report is to seek Council approval to amend the budget and purchase the specified plant.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Given the requirement to have suitable and safe vehicles that will allow efficient application of herbicide to the Shires parks and road reserves, the replacement of the four wheel motorbike has required careful consideration. Investigation by Officers has demonstrated a suitable and safe vehicle can be purchase locally that will ensure efficient delivery of service.

STATUTORY ENVIRONMENT:

Local Government Act 1995 and Occupational Safety and Health Act 1984.

Policy / Strategic Implications:

Purchasing Policy 2.3.5 allows for and will guide value for money and accountability when purchasing plant and equipment.

Organisational risk management:

There is a medium risk of minor consequence to the Shire if the ATV is not purchased.

Financial Implications:

The current Plant and Equipment - Four Wheel Motorbike budget line of $15,000 requires an additional $10,000 for the purchase of the ATV. This money will be provided by the Plant and Equipment Replacement Reserve which is there to assist with purchase of plant and/or equipment when required.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council approve the Plant and Equipment – Four Wheel Motorbike

budget amendment to $25,000 allowing the purchase a second hand forklift from Minor Plant allocation in 2015/16 Budget in accordance with the following table.

Description

Current Budget

Amended Budget

Variation

Plant and Equipment – Four Wheel Motorbike

Transfer from Plant and Equipment Replacement Reserve

$15,000

($850,000)

$25,000

($860,000)

$10,000

($10,000)

Net Rate Funds

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Taylor, R

26538

That Council approve the Plant and Equipment – Four Wheel Motorbike

budget amendment to $25,000 allowing the purchase Four Wheel Motorbike from Minor Plant allocation in 2015/16 Budget in accordance with the following table.

Description

Current Budget

Amended Budget

Variation

Plant and Equipment – Four Wheel Motorbike

Transfer from Plant and Equipment Replacement Reserve

$15,000

($850,000)

$25,000

($860,000)

$10,000

($10,000)

Net Rate Funds

CARRIED: 9/0

9.8.2 Budget Ammendment as Result of Successful Grant Application to the Waste Authority

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of the Shire of Manjimup, Nannup and Bridgetown-Greenbushes
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	WRK 16/1 HLT 8/6
LEGISLATION:	Local Government Act 1995, The Waste Avoidance and Resource Recovery (WARR) Act 2007
AUTHOR:	Klaus Mueller
DATE OF REPORT:	2 December 2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The Shires of Manjimup, Bridgetown-Greenbushes and Nannup are part of the Warren Blackwood Regional Waste Group as per the Waste Authority’s Zero Waste Plan Development Scheme. The scheme was developed by the Waste Authority to assist local governments with the preparation of Strategic Waste Management Plans and in order to facilitate enhanced planning for waste management and recycling. The Regional Funding Program was developed as part of the scheme in order to provide funding to Regional Council Groups formed by local governments to implement regional projects identified in SWMPs.

The Warren Blackwood Regional Group was formed in 2008 after the required preparation and approval of individual, regional strategic waste plans. A Memorandum of Understanding was signed by those participating local governments. The Shire of Boyup Brook participated in the original group, but has since withdrawn and joined the Bunbury Regional Group. It was agreed by the WBRG that Shire of Manjimup be the administrator and manager of any grant funding.

From the Warren Blackwood Regional Investment Plan a successful application for funding was made to the Department of Environment Regulation and $35,565.00 (excluding GST) was approved. The Waste Authority is fully funded through the Waste Avoidance and Resource Recovery Account. The DER provides executive, administrative and contract management support to the Authority. DER also coordinates project specific activities on behalf of the Authority. The purpose of this report is for Council to receive the funding and approve the preparation of the Shire’s Strategic Waste Management Plan.

PUBLIC Consultation Undertaken:

The Strategic Regional Plan identifies participating Council participation in regional waste management cooperation– this may include infrastructure and waste services sharing.

Following consultation with the participating Councils, it has been agreed to allocate the grant funding in approximately the following manner:

· $4,000 for a recycling wall and signage in Nannup,

· $4,000 for signage, bin and site upgrades in Bridgetown,

· $27,565 for signage, drainage, modification of existing recycling bins at Ralston Road in Manjimup and at the Waste Transfer Station in Walpole.

· If funds are available, the purchase of a new bulk recycling bin to be will be shared by the participating local governments.

There is a required $7500 contribution to the grant which the participating local governments will share proportionally. The Manjimup Waste Management Officer will collect and submit receipts from all participating local governments to the DER in order to comply with the Grant Contract Milestone requirements.

The Ralston Road Landfill has been identified as a future Regional Landfill site so the installation and upgrade of facilities at prospective participating local governments will provide future waste transport infrastructure. The standardisation of recycling facilities, signage and bins in the region makes it easier to promote recycling, share equipment and increase recycling in the region.

COMMENT (Includes Options):

The Strategic Regional Plan identifies participating Council participation in regional waste management cooperation– this may include infrastructure and waste services sharing.

Following consultation with the participating Councils, it has been agreed to allocate the grant funding in approximately the following manner:

· $4,000 for a recycling wall and signage in Nannup,

· $4,000 for signage, bin and site upgrades in Bridgetown,

· $27,565 for signage, drainage, modification of existing recycling bins at Ralston Road in Manjimup and at the Waste Transfer Station in Walpole.

· If funds are available, the purchase of a new bulk recycling bin to be will be shared by the participating local governments.

STATUTORY ENVIRONMENT:

Local Government Act1995 requires budgets to be set by Council by absolute majority.

The Waste Avoidance and Resource Recovery (WARR) Act 2007 -The primary objective of the WARR Act 2007 is to contribute to sustainability, and to the protection of human health and the environment. It is also designed to help Western Australia to move towards a waste-free society by:

· Promoting the most efficient use of resources, including resource recovery and waste avoidance,

· Reducing environmental harm, including pollution through waste,

· Consideration of resource management through avoidance of unnecessary resource consumption and disposal, and

· Resource recovery which includes reuse, reprocessing, recycling and energy recovery.

The WARR Act 2007, also reflects the principles set out in the Environmental Protection Act 1986 section 4.

Policy / Strategic Implications:

The development of Regional infrastructure will enhance future waste and recycling collection and transport to the proposed future Regional Landfill at Ralston Road and to the Material Recovery Facility in Gandy Street.

Organisational risk management:

If recycling facilities and infrastructure are not compliant, Occupational Health and Safety issues may occur. The present ramp configurations on bulk rural bins has caused access problems for elderly and disabled clients.

Financial Implications:

The Shire of Manjimup’s required contribution to the grant can be sourced from budget allocated to site maintenance. Project time management costs will also be claimed as part of Council’s contribution to the grant.

Sustainability:

Environmental: the new and upgraded recycling facilities will assist to divert more recyclables from landfill thus extending the landfill’s operational life.

Economic: Top loading of recycling bins by means of upgraded wall facilities and bins will mean more volume in bins, thus decreasing cartage costs.

Social: Better facilities and access to bins will result in increased amount of recyclables diverted from landfill. Signage will promote better recycling habits resulting in less contamination. More efficient and safer handling of bulk commercial recyclables. A greater volume of collected recyclables going to the Material Recovery Facility increases employment opportunities in Manjimup.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council amend the 2015-016 Waste Services budget to include funding of $35,565.00 (including GST) for the Upgrade of Recycling Facilities at the Manjimup Ralston Road, Nannup and Bridgetown Landfills and the Walpole Waste Transfer Station.

Description	Current Budget	Amended Budget	Variation
Capital Grant Income –Waste Authority Shire of Manjimup	$0	($27,565)	($27,565)
Grant Income – Waste Authority Nannup and Greenbushes/Bridgetown	$0	($8,000)	($8,000)
Shire of Manjimup Waste Infrastructure	$0	$27,565	$27,565
Shire of Nannup and Greenbushes/Bridgetown Waste Infrastructure		$8,000	$8,000
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Jenkins, D

26539

Description	Current Budget	Amended Budget	Variation
Capital Grant Income –Waste Authority Shire of Manjimup	$0	($27,565)	($27,565)
Grant Income – Waste Authority Nannup and Greenbushes/Bridgetown	$0	($8,000)	($8,000)
Shire of Manjimup Waste Infrastructure	$0	$27,565	$27,565
Shire of Nannup and Greenbushes/Bridgetown Waste Infrastructure		$8,000	$8,000
Net Rate Funds			$0

CARRIED: 9/0

Councillor Jenkins declared an Impartiality Interest in this item as her daughter was the staff member dealing with the matter on behalf of the organisation. Cr Jenkins declared that she will consider this matter on its merits and vote accordingly.

ATTACHMENT

9.10.2 Community Bus Management

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	WLF5/4-1
LEGISLATION:	Local Government Act 1995
AUTHOR:	Sharon Wilkinson
DATE OF REPORT:	9/10/2015
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

In September 2001 Council resolved to auspice a grant from Lotterywest on behalf of ‘Manjimup on the Move’ (now disbanded). The grant enabled the purchase of a Community Bus to provide affordable transport service for seniors, youth and disabled within the Shire of Manjimup.

The management of the bus was awarded to the Manjimup-Warren Masonic Lodge (The Lodge). The Lodge terminated the Management Agreement in July 2006. In November 2007 Council endorsed a management agreement for the bus with the Manjimup Volunteer and Resource Centre. The agreement commenced on 1 January 2008 with the Manjimup Volunteer and Resource Centre, now the Manjimup Community Resource Centre (CRC), continuing to manage the bus into 2015.

Recently the CRC has informed the Shire that it was reconsidering their position as managers of the community bus. Further, a decline in bus bookings over the past years, and a subsequent increase in Council subsidy to operate the bus, it was deemed timely to undertake a review of Community Bus management.

The purpose of this report is to advise Council of the results of the Management review and recommend options for the Community Bus management.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Review Report

A review of management of the Community Bus was undertaken by the Community Services Directorate. The review report is attached.

ATTACHMENT: 9.10.2(1)

The review included the following:

· Analysis of the Shire of Manjimup’s financial records for the bus for the past five years (2010-2015);

· A user analysis over the past five years; and

· Comparison of the management agreements and fees charged by 8 other Shires and regional organisations.

Financial analysis

The table below shows the financial analysis of the management and operations of the community bus over the past five years (2010/11 to 2014/15).

Item	2010/2011	2011/2012	2012/2013	2013/2014	2014/2015
Insurances	$383	$645	$536	$536	$536
Management	$5,710	$4,292	$5,527	$6,002	$7,114
Governance	$1,233	$1,081	$1,145	$1,169	$1,281
Running Costs	$5,541	$7,535	$6,717	$8,464	$2,559
Depreciation				$30,266	$19,929
Total Expenditure (excl. Depreciation)	$12,867	$13,554	$13,925	$16,171	$11,489
Income	$11,512	$10,844	$8,670	$10,539	$5,834
Net Loss (excl. Depreciation)	-$1,355	-$2,710	-$5,255	-$5,632	-$5,655

As a result of increasing expenditure and a strong decrease in income, the net loss of the bus operations has increased significantly (from $1,355 in FY2010/11 to $5,655 in FY2014/15).

User Analysis

The graph below shows a comparison of user data between the years 2011/12 and 2014/15.

Analysis of the available data identifying hirers from 2011/12 to 2014/15 shows a significant decline of 46%. The full analysis of hirers and trends can be found in attachment: 9.10.2(1)

Benchmark Data

To gain insight in the management models under which other organisations in the region operate their community busses, they were asked a set of questions regarding their bus. Five of the six organisations manage their community bus themselves, with the only exception being the Shire of Nannup, who took their lead from the current management arrangement of the Shire of Manjimup.

Overall comparison of the hire charges and conditions did not outline great differences other than the Shire of Manjimup hire charges being at the higher end of the range.

Management Options

Four management options were investigated and are presented below in respect of the Community Bus:

1. Shire Management

Council have previously stated it does not wish to be involved running a bus service. It was previously felt that whilst Shire staff could take on the day-to-day management, this would not match the current staffing arrangements as much of the bus hire was conducted out of hours. Due to the nature of the employment awards applicable to Local Government, the employment costs to undertake these activities would have been prohibitive. It has since been shown that alternative arrangements can be made for ‘out of hour’ demands with the CRC having managed the bus during general office hours for the past seven years.

With the recent upgrades to the Manjimup Shire Depot, and following the restructure and redevelopment of the Depot administration building and parking area, it is considered that the Shire is now in the position of having the facilities as well as the ability to manage the Community Bus. Currently the bus is being booked less than once a week so the impact on the Depot staff will be minimal.

The Community Services team will manage promotion and aim to increase utilisation of the bus.

2. Managed by a community group

In 2001, when expressions of interest to manage the bus were advertised, only The Lodge expressed an interest. Seeking expressions of interest may now identify a new community group or business that is prepared to manage the bus. While exploring this option organisations, including the Men’s Shed, were informally approached but none of these felt that they would be able to provide a central point of call (no manned office) and be able to take on the management of the bus.

3. Privately owned Bus Company management

A further option is that a privately owned bus company may be willing to take on the management of the Community Bus. This option was not investigated further once the Shire identified that the Manjimup Shire Depot now has capacity to manage the bus. Having the bus managed by a private company will not reduce the associated financial costs (management fee) or necessarily address the issue of the decreased demand of the Community Bus.

4. Dispose of the bus

In the event that no suitable management arrangement can be found an option remains to sell the Community Bus and return the funding to the Lotteries Commission. This action would be contrary to several of Council’s strategies. It could also be seen as foregoing the existing opportunity to satisfy a transport need of the seniors, youth and disabled within the Shire.

The officer recommends option one. With the recent upgrades to the Depot and the installation of a visitor car park as well as the restructuring and redevelopment of the administration building the Depot is now well placed to manage the Community Bus. The advantage of having the bus managed at the Depot are;

· Confidence that the bus will be kept and run, maintained and promoted to the standard expected by the Shire;

· Lessened financial impost due to no requirement to pay a management fee;

· Greater ease for depot in being able to carry out services, repairs and regulatory legislative audits;

· Operational bus costs to run closer to neutral.

STATUTORY ENVIRONMENT:

Nil

Policy / Strategic Implications:

Shire of Manjimup Strategic Community Plan 2007-2016

· Our Infrastructure Strategy

· Optimise investment for a safe and reliable transport network

· Provide appropriate and financially sustainable community infrastructure that supports our standard of living.

Shire of Manjimup Youth Strategic Plan 2013-2023

· Objective 4.3 – Develop partnerships and strategies to improve access to safe, affordable transport options for young people.

Active Ageing Strategic Plan 2008-2028

· Objective 5 – Improve transport safety and accessibility for the community.

Access & Inclusion Plan 2013-2018

· Strategy 9.8 – Advocate for and support the process to develop improved public transport delivery and options in the Warren Blackwood.

Organisational risk management:

· The risk of continuing the current management of the bus by the CRC is that the CRC discontinue managing the bus and the Shire of Manjimup has no strategy in place to address bus management. This would cause disruption to current bookings and disadvantaging the core user groups of seniors, youth and disabled.

· The community risks loss of affordable transport options for disadvantaged groups within the community.

· Shire of Manjimup Strategic Community Plan, along with several under lying plans, outline transport as an area of need with Council having made commitment to address the issue of transport.

· Increased workload for Shire of Manjimup Depot staff. The risk has been mitigated by formulating a clear and transparent working procedure. The risk is minimal due to the relatively low rate of hire (currently, on average, less than once a week).

Financial Implications:

It has always been the intention of Council that the management and the operation of the Community Bus would be cost neutral. Council also needs to be aware that the Community Bus should not be used for commercial gain.

If Council decides upon external management of the Community Bus the Shire does not see an improvement in the near future of an annual loss in excess of $5,000. This is due to constraints in organisational budgets for hire of the bus, changes in direction of the shire youth zones and more organisations purchasing their own buses.

Overall comparison between organisations showed that the Shire of Manjimup’s charges were at the higher end of the range. It is therefore not recommended to increase the rate to reduce the operational net loss, as this may see the bus hire become too expensive for the core user groups which would result in a further decline of hire.

If Council accepts the Shire of Manjimup Depot taking over the management of the community bus the bus will be able to be run closer to cost neutral. Total losses for the bus over the past three years have ranged from $5,255, to $5,655 and the bus management fee is presently $6,400.

It is recommended that in the short term a figure of $5,000 per annum be retained for management purposes inclusive of promotional, inspection and other unforeseen administrative costs. Whilst an initial saving of $1,400 will be realised this allocation will be reviewed over the next few years in line with bus demand.

Sustainability:

Environmental: Nil

Economic: Provide economic benefit to not for profit seniors, youth and disabled groups. Reduce the financial burden of the operations of the Community Bus on Council’s budget.

Social: The community bus service has been well accepted. It provides an essential service to seniors, youth, the disabled, schools and community groups who would otherwise not be able to access affordable transport for leisure, recreation, sporting, social or other purposes.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Thank the Manjimup Community Resource Centre for their management of the Community Bus over the past 7.5 years.

2. Endorses that the Shire of Manjimup take over the management of the bus as of 1 January 2016, and that the effectiveness of this arrangement and the bus usage will be regularly monitored.

3. Allocate an annual promotional and administration budget of $5,000 within the Community Bus operational budget.

COUNCIL RESOLUTION:

26540

Moved: Winfield, C Seconded: Daubney, L

That Council:

1. Thank the Manjimup Community Resource Centre for their management of the Community Bus over the past 7.5 years.

2. Endorses that the Shire of Manjimup take over the management of the bus as of 1 January 2016, and that the effectiveness of this arrangement and the bus usage will be regularly monitored.

3. Allocate an annual promotional and administration budget of $5,000 within the Community Bus operational budget.

CARRIED: 9/0

Town	Previous meeting date	New meeting date
Northcliffe	Thursday 16 June 2016	Thursday 8 September 2016
Walpole	Thursday 8 September 2016	Thursday 16 June 2016

Town	New Meeting date
Northcliffe	Thursday 8 September 2016
Walpole	Thursday 16 June 2016

PROPONENT	Northcliffe Town Hall Management Committee
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Town Hall, Zamia Street, Northcliffe
WARD:	Coastal
ZONE:
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	PRO3/1
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jamie Jones
DATE OF REPORT:	26 November 2015
DECLARATION OF INTEREST:	Nil
SIGNATURE: