Minutes of Ordinary Council - 14 September 2017

· Congratulations to Pemberton Visitor Centre on winning the WA Regional Tourism Awards 2017 Top Town under 5,000 population and Community Engagement Award.

· Cr Bavich and I attended Rotary and gave a PowerPoint presentation on the Revitalisation Project and economic drivers.

· Attended Sandakan Memorial Service in Boyup Brook.

· Attended the Rotary Anne McKay address by Karl O’Callaghan.

· The nominations for the Shire of Manjimup Local Government Elections, to be held on October 21, 2017, closed at 4pm today and the nominations are as follows:

Ø Central Ward – 7 Nominations

Sam Karamfiles

Carla Logan

Mary Nixon

Mark Rawlings

Paul Matenaar

Paul Omodei

Jayde Salomone

Ø East Ward – 3 Nominations

Timmothy Mearns

Cliff Winfield

Nicholas Hort

Ø West Ward – 2 Nominations

Wade DeCampo

Murray Ventris

Ø Coastal Ward – 1 Nomination

Wendy Eiby – elected unopposed

Ø South Ward – 1 Nomination

David Tapley – elected unopposed

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr D Bavich

Cr W DeCampo

Cr V Herbert

Cr G Munro

Cr D Tapley

Cr R Taylor

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Gallery

Colin Crombie

Aaron Turner

Sondra Reader-Bryant

Ros Herbert

Anne O’Donnell

Jenny MacDonald

Carole Perry

Nigel Kelly

Glynne Jones

Elizabeth Lutter

Frances Armstrong

Helen Smith

Murray Ventris

Shane Rudd

Robert Minchin

Laraine Minchin

Ethel Sale

Lyn Corkery

Oona Ormsby

Ken Gwynne

Graeme Robertson

Media

Irene de Haan

3.1 Apologies:

Councillor Carla Logan is an apology for this meeting.

3.2 Leave Of Absence:

Councillors Daubney and Jenkins were granted a Leave of Absence at the 10 August, 2017 Council meeting for this meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received a Financial Interest Declaration from Cr Winfield and a Proximity Interest Declaration from Cr Taylor.

Cr Winfield advised that he has a Financial Interest in Items 9.3.6 and 9.16.1 as his wife is consultant to the project.

Cr Taylor advised that he has Proximity Interest in Item 9.13.1 as he is the owner of land in Margerison Street, Manjimup.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Graeme Robertson – Sunland Pty Ltd – Item 9.5.7 Proposed Local Scheme Amendment No 21 Boronia Ridge Estate, Walpole.

· Have been developing Boronia Ridge subdivision over the last 17 years.

· Accept Officer’s recommendation except for Point 1 C.

· Blocks are slightly smaller with a total of 44 blocks to be released.

· The release will be done in 4 stages of 11 blocks each.

· Deep sewage will be done for all 44 blocks at one time and all tidied up. It is more economical to do the sewage in one go.

· Thank you for your time and look forward to your support of the item tonight.

5.2.2 Shane Rudd – Northcliffe

· Disappointment at the proposed closure of Loverock Road between Wheatley coast Road and Bebee Road.

· It’s an access that locals have used for a long time and I use myself.

· Important for fire control and fire access.

· There is a Blue gum plantation between Riverway Road and Loverock Road which will be impacted by the closure of Loverock Road. The manager of Bunbury Fibre Exports was unaware of the impending closure. He will be contacting the Shire regarding the closure.

5.2.3 Anne O’Donnell – Northcliffe Community Development.

· The Northcliffe Community Development Group present all new residents with a Welcome Pack which has information on all the available services, businesses and facilities in Northcliffe and also a number of vouchers and tourist information.

· Since its inception in 2006 we have distributed 27 packs.

· At the moment they are going out at the rate of 1 per month which augurs well for Northcliffe.

· We would like to offer the Shire a couple of the Information Booklets put together by the NCD for their use.

· We hope that when there is work to be done in Northcliffe local trades people will be given a preference.

· Earlier in the year I went to the playing oval to collect my grandsons and while the children were playing a Shire worker was spraying the grass.

· There had been no notification to the Recreation Ground Committee that spraying was to be done, and it should not have occurred while children were playing on the oval.

· There needs to be better communication between the Shire and the Recreation Ground Committee.

· I draw your attention to the crest on Richardson Road, outside Mel Armstrong’s property.

· It has been on the list of road issues for quite some time to widen the road both before and after the crest.

· For those who don’t use the road on a regular basis it is dangerous and particularly when you are driving into the sun.

· It is also a bus route.

· I would urge you to make this a priority.

· I love your new dust bins.

5.24 Nigel Kelly – Windy Harbour

· Why have the banks been left exposed, when they put the new road into Windy Harbour a year ago, and not rehabilitated to prevent the erosion by wind and rain?

· It’s an ugly entrance statement to the Community.

· Where the new road meets the existing road near the caravan park needs to be a ‘T’ junction.

· It makes moving around the community very hard.

Response by Paul Omodei: We will take those comments on board and will respond as soon as possible.

5.2.5 Aaron Turner, representing Sondra Reader-Bryant – Item 9.5.5 Proposed small Bar, Holiday Accommodation and Café at Lot 106 (23) Brockman Street, Pemberton.

· I have three questions:

1. What are the proposed opening hours of the bar/restaurant?

2. Under the Liquor Licencing Act, what are the permissible hours of sale of alcohol to the public?

3. Is it reasonable to assume that a bar restaurant, with particular reference to a beer garden, during the summer months, will lend itself to becoming a noisy, potentially unruly, disrupting environment ruining the quiet ambience of a what is mostly a quiet, serene atmosphere in Brockman Street.

Response by Shire President: The answers to your questions are contained in the report to Council, however we will respond to you in writing.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Winfield, C Seconded: Bavich, D

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That the Minutes of the Ordinary Meeting of the Council held on 24 August 2017 be confirmed.

CARRIED: 8/0

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

9. COUNCIL OFFICERS’ REPORTS:


9.2.1	Quarterly Report March - June 2017 Business
9.3.1	Monthly Financial Activity Statement - July 2017
9.3.2	Adoption of Material Variance / Percentage 2017/2018 Financial Year
9.3.3	Proposed Windy Harbour Lease Transfer - Site 299
9.3.4	Proposed Windy Harbour Lease Transfer - Site 115
9.3.5	Proposed Windy Harbour Lease Transfer - Site 130
9.3.6	Proposed Budget Adjustment - Revitalisation of Manjimup's Town Centre - Stage 2 Funding Reduction
9.5.1	Proposed Remote Signage on Location 4441 Conte Road, Collins and Lot 26 Vasse Highway, Pemberton
9.5.2	Retrospective Application for Change of Use (Domestic Outbuilding to Ancillary Accommodation) at Lot 38 (246) Jacksonii Avenue, Walpole
9.5.3	Proposed Low-Impact Tourist Accommodation (Short Stay) at Lot 8200 (379) Green Road, Channybearup
9.5.4	Proposed Low-Impact Tourist Accommodation at Lot 8327 (127) Gabbedy Road, Meerup
9.5.5	Proposed Small Bar, Holiday Accommodation and Cafe at Lot 106 (23) Brockman Street, Pemberton
9.5.6	Proposed Additional Accommodation Unit and Two Shipping Containers - Lot 1 (27685) South Western Highway, Balbarrup
9.5.7	Proposed Local Scheme Amendment No 21 - Boronia Ridge Estate, Walpole
9.7.1	Proposed Bushfire Risk Management Plan for Shire of Manjimup
9.9.1	Manjimup Regional AquaCentre - Request to Authorise Discounts and Incentives for the Open Day in October 2017
9.13.1	Proposed Upgrading of Restricted Access Vehicle Networks 2 and 3 to Restricted Access Vehicle Network 4
9.15.1	Minutes of the Manjimup Agricultural Expansion Project Management Committee Meeting 17 August 2017
9.16.1	Minutes of the Manjimup Town Centre Revitalisation Committee Meeting held on 31 August 2017
9.16.2	Minutes of the Access and Inclusion Advisory Committee Meeting Held 10 August 2017
9.16.3	Minutes of Northcliffe Town Centre Revitalisation Committee Meeting held on 29 August 2017

ATTACHMENT

9.3.1 Monthly Financial Activity Statement - July 2017

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160188
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	30 August 2017
DECLARATION OF INTEREST:	Nil

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; and

ü Net current assets.

The Financial Activity Statement report for the period to 31 July 2017 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 July 2017 is a projected neutral end of year position.

The start to the 2017/18 financial year has been quiet, this has been due mainly to the adoption of the 2017/18 Shire of Manjimup budget on the 10 August 2017. Until the budget is adopted staff are restricted to non-discretionary operational expenditure only.

Whilst the start of the financial year has been quiet with regards to activity, Officers have been made aware of significant reductions (or reduced increases) in core grant areas.

On the 17 August 2017 Shire staff received from the Department of Local Government and Communities the 2017/18 final Financial Assistance Grant (FAG) allocations. The Shire of Manjimup’s allocation has significantly reduced from the notional figure received back in early July. The major reduction has affected all Local Governments in Western Australia, with the adjustment is due to state population growth being 40,000 less than Commonwealth estimates. The allocation compared to budget is;

General Purpose Grant	2017/18 Allocation	2017/18 Adopted Budget	(Shortfall) / Excess
2017/2018 GP Grant Allocation	2,694,289	2,875,357	(181,068)
Total General Purpose Grant	2,694,289	2,875,357	(181,068)

Road Grant
2017/2018 Road Grant Allocation	1,345,622	1,327,950	17,672
Total Local Roads Grant	1,345,622	1,327,950	17,672

The overall increase from last year to this year for FAG General Purpose Grant is 0.3%, moving from $2,686,133 to $2,694,289. The FAG Road Grant has an overall increase of 2.34% from $1,314,802 to $1,345,622. This is an extract from the letter received from the Grants commission explaining the reduction in the notional figure given in August; “This is due to new census data becoming available in June, which affected the distribution of Financial Assistance Grant Allocations to the States. The impact is the final cash allocation to Western Australia is lower than originally advised by the Commonwealth in the May estimates”.

The lack of increase to the General purpose grant puts significant pressure on the Shire of Manjimup’s budget going forward as this adjustment is not a one off, but represents the new base grant position moving forward. During the 2017/18 budget process a number of one off projects were deemed a high priority and approved for adoption, these projects will not require a budget allocation in the following years so this should assist in funding the shortfall.

Whilst the effect on the out years of the General Purpose Grant adjustment can be mitigated through budget decisions, an adjustment needs to be made to the 2017/18 Adopted Budget to recognise the $181,068 loss. Options will be investigated by the Senior Management Team and be presented to Council as part of the September 2017 review for approval. This review will be completed after the Shire of Manjimup’s auditors have audited the 2016/17 Annual Financial Accounts and staff can confirm the level of carry forward surplus. The surplus in the June 2017 Monthly Financial Activity Statement was $78,882 which may go some way in helping the situation.

In early August 2017 officers were made aware of a significant reduction in the State Direct Road Grant, this grant assists in funding Road Maintenance. Mainroads WA advised that Manjimup would receive a reduction of $135,390 and also advised that this was a permanent adjustment. The Shire of Manjimup have an allocation of $2,261,212 for core road maintenance, this adjustment represents a reduction of 6% of Road Maintenance. Whilst on the surface this doesn’t seem major, 6% represents nearly one month of road maintenance that will not be funded. Again the Senior Management Team will review options to mitigate the effect of the reduction on road maintenance and the budget and present possible adjustments as part of the September 2017 review.

Other than the grants listed above, no other major discrepancies have come to light in the first month after adopting the 2017/18 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 2018.

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 Monthly Financial Activity Statement Report for July 2017 as per Attachment: 9.3.1 (1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Herbert, V

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That Council receive the Monthly Financial Activity Statement Report for July 2017 as per Attachment: 9.3.1 (1).

CARRIED: 8/0

9.3.2 Adoption of Material Variance / Percentage 2017/2018 Financial Year

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business Directorate
FILE REFERENCE:	F160188
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	30/08/2017
DECLARATION OF INTEREST:	Nil

Background:

The Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996 require that each financial year a local government is to adopt a materiality level for the purpose of reporting variances in the monthly statement of financial activity.

The Local Government (Financial Management) Regulations 1996 – Financial Reports includes Regulation 34 requiring the local government to prepare each month a statement of financial activity, as set out in the Rate Setting Statement included in the annual budget.

Regulation 34 (1) lists the details to be included in the statement of financial activity, among which are material variances between budget estimates and actual amounts of expenditure, revenue and income to the end of the month to which the statement relates.

Regulation 34 (2) (b) requires an explanation to be provided to Council for each of the material variances shown in each statement of financial activity. Regulation 34 (5) prescribes that each financial year, a local government is to adopt a percentage or value, calculated in accordance with accounting standard AAS 5 (AASB 1031), to be used in statements of financial activity for reporting material variances.

This report recommends the percentage or value to be adopted in determining material variances for the purposes of Regulation 34 of the Local Government (Financial Management) Regulations 1996 as amended, during the current financial year.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Whilst considering the best method to report material variances to Council it is important to remember that Council has budget categories ranging from $26,559 through to $9,259,665 and the method adopted should extract material variances that are relevant to all levels of budget.

It is recommended that Council adopt a value method, using the following sliding scale based on normal expenditure values.

Value Range of Department Operating Budget Total Expenditure	Reportable Variance Amount
$0 to $300,000	$3,000
$300,001 to $500,000	$5,000
$500,001 to $700,000	$7,000
$700,001 to above	$10,000

Whilst the Value range is determined from expenditure totals, any material variances on income that are greater than the “Reportable Variance Amount” will also be reported.

The recommended Value Method variances listed above have been used for reporting in Monthly Financial Activity Statements the past seven financial years and these values have been found to be effective in measuring what is an important material variance for reporting to Council.

STATUTORY ENVIRONMENT:

Local Government Act 1995, Section 6.8; and Local Government (Financial Management) Regulations 1996, Regulation 34(5).

Policy / Strategic Implications:

Nil

Organisational risk management:

Having clear guidelines to the level of reportable variances reduces risk of misstatements or omissions in the Monthly Financial Activity Statement.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the recommended “Value Range” and Reportable Variance Amounts” as following for the 2017/18 Financial Year:

Value Range Of Departmental Operating Reportable Variance Budget Total Expenditure Amount

$0 to $300,000 $3,000

$300,001 to $500,000 $5,000

$500,001 to $700,000 $7,000

$700,001 to above $10,000

COUNCIL RESOLUTION:

Moved: Herbert, V Seconded: Tapley, D

27145

That Council adopt the recommended “Value Range” and Reportable Variance Amounts” as following for the 2017/18 Financial Year:

Value Range Of Departmental Operating Reportable Variance Budget Total Expenditure Amount

$0 to $300,000 $3,000

$300,001 to $500,000 $5,000

$500,001 to $700,000 $7,000

$700,001 to above $10,000

CARRIED: 8/0

9.3.5 Proposed Windy Harbour Lease Transfer - Site 130

PROPONENT	Gary Shearer and Kerrie Shearer Griffith and Susan Roberts
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 130 Windy Harbour Road, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160943
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	30 August 2017
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has the Management Order for Reserve 38881 Windy Harbour for the purpose of “Recreation, Camping, Caravan Park and Holiday Cottages” with the power to lease, subject to the consent of the Minister for Lands. Since 2001 Council has been granting 20 year leases for designated lease sites.

Gary Shearer and Kerrie Shearer have a 20 year lease over Site 130, which commenced 26 September 2002. At the meetings of 20 April 2017 and 11 May 2017 Council approved transfer of the lease for proposed sales, however both contracts for sale were terminated.

A new contract for sale is now in place for the lease of Site 130 to be sold to Griffith and Susan Roberts.

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 130 was undertaken in September 2015 with it being in a good overall condition with no work orders issued.

At the meeting of 26 May 2016 Council approved a request to transfer the lease for Site 130 from Gary Shearer and Kerrie Shearer as joint tenants to Kerrie Shearer as sole tenant. However this transfer has not occurred due to complications related to the mortgage over the lease and the request is now superseded by the contract for sale.

The recommendation includes rescinding the previous three decisions relating to the transfer and proposed sales of the lease prior to Council approving the transfer for the current contract for sale.

The current lease to expire September 2022 has five years remaining. A full 20 year lease term has been requested for the purchasers in the contract conditions.

Griffith and Susan Roberts currently have a 20 year lease over Site 27 Windy Harbour also. Council’s leasing policy does not have any restrictions on people holding multiple Windy Harbour leases.

STATUTORY ENVIRONMENT:

A transfer/assignment of an existing lease does not constitute a ‘disposition of property’ from the Local Government’s point of view. Windy Harbour leases are also 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.

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 and granting a new 20 year term is in accord with Council Policy 3.4.2 Windy Harbour Leases.

Organisational risk management:

Nil

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.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

Step 1

consent in accordance with the local government (administration) regulations 1996

The following four Councillors consent to the consideration of a Motion to rescind Council’s decisions of 26 May 2016, 20 April 2017 and 11 May 2017 relating to the lease for Site 130 Windy Harbour:

Cr ________________________________

Cr________________________________

STEP 2 (If Consent is granted from Step 1 – Absolute Majority required)

Motion:

That Council revoke its decisions in relation to item 9.3.5 on 26 May 2016, item 9.3.2 on 20 April 2017 and item 9.3.3 on 11 May 2017.

STEP 3 (Only if Step 2 is carried by Absolute Majority)

MOTION:

That Council, subject to the sale taking affect:

1. Terminate, by mutual consent, the lease over Site 130 Windy Harbour between the Shire of Manjimup and Gary Charles Shearer and Kerrie Shearer; and

2. Approve a 20 year lease over Site 130 Windy Harbour between the Shire of Manjimup and Griffith and Susan Roberts as joint tenants, subject to approval of the Minister for Lands.

COUNCIL RESOLUTION:

Step 1

consent in accordance with the local government (administration) regulations 1996

The following four Councillors consent to the consideration of a Motion to rescind Council’s decisions of 26 May 2016, 20 April 2017 and 11 May 2017 relating to the lease for Site 130 Windy Harbour:

Cr Robert Taylor

Cr David Tapley

Cr Graham Munro

Cr Cliff Winfield

STEP 2 (If Consent is granted from Step 1 – Absolute Majority required)

Moved: Munro, G Seconded: Taylor, R

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That Council revoke its decisions in relation to item 9.3.5 on 26 May 2016, item 9.3.2 on 20 April 2017 and item 9.3.3 on 11 May 2017.

CARRIED: 8/0

STEP 3 (Only if Step 2 is carried by Absolute Majority)

MOTION:

Moved: Munro, G Seconded: Winfield, C

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That Council, subject to the sale taking affect:

1. Terminate, by mutual consent, the lease over Site 130 Windy Harbour between the Shire of Manjimup and Gary Charles Shearer and Kerrie Shearer; and

2. Approve a 20 year lease over Site 130 Windy Harbour between the Shire of Manjimup and Griffith and Susan Roberts as joint tenants, subject to approval of the Minister for Lands.

CARRIED: 8/0

Cr Winfield declared a Financial Interest in this Item as his wife is consultation to the project. Cr Winfield did not speak or vote on the matter and left the Chamber at 5.51pm.

ATTACHMENT

9.3.6 Proposed Budget Adjustment - Revitalisation of Manjimup's Town Centre - Stage 2 Funding Reduction

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup Town Centre
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Business
FILE REFERENCE:	F160948
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	1/09/2017
DECLARATION OF INTEREST:	Nil

Background:

The Revitalisation of Manjimup’s Town Centre Project Stage 2 is an extension of the original Royalties for Regions “SuperTown” business case submission by the Shire of Manjimup with the original project divided into three separate stages. Only Stage 1 of the three part program was funded in 2012.

In 2015 the South West Development Commission approached the Shire of Manjimup requesting that a business case be prepared for the Revitalisation of Manjimup’s Town Centre Stage 2. Utilising the principles of the Manjimup SuperTown Growth Plan and the Revitalisation of Manjimup’s Town Centre Stage 1 Business Case, in consultation with Council, the Chief Executive Officer produced the Revitalisation of Manjimup’s Town Centre Business Case Stage 2 in collaboration with the South West Development Commission for submission to the State in October 2015.

In May 2016 the Shire of Manjimup received advice of the successful grant application for Stage 2 from the Royalties for Regions “Growing Our South” program of $22,290,000 and subsequent Financial Assistance Agreement (FAA) was signed on 23May 2016.

A review of the Royalties for Regions (RfR) program buy the new State Government in 2017 saw all projects throughout the state under scrutiny for possible savings to assist with budgetary issues.

At the Council meeting on the 24 August 2017 a report was presented to Council post this review process and after receipt of correspondence received on 9 August 2017 that the Shire of Manjimup received confirmation that $3,000,000 was required to be returned to the State Government from the Royalties for Regions component of the Revitalisation of Manjimup’s Town Centre Project.

The purpose of this agenda item is to amend the Manjimup Town Centre Revitalisation project budget taking into account the $3,000,000 reduction, to recognise other grant funding received and to seek an amendment from the Department of Regional Development to reflect the proposed changes in the FAA.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The current FAA recognises a total budget of $30,462,000 with funding from the following sources;

· Royalties for Regions - $22,290,000;

· Federal Government - $3,800,000;

· South West Development Commission (SWDC) - $1,800,000 (Gifted exhibit, non-cash)

· Mainroads WA - $700,000;

· Lotterywest - $210,000;

· Bike West - $50,000;

· Department of Sport and Recreation (DSR) - $50,000; and

· Shire of Manjimup - $1,562,000

ATTACHMENT: 9.3.6(1)

Firstly as part of this process a review of the FAA as it sits pre the $3,000,000 withdrawal needs to occur so it can be understood how these initial adjustments will affect the overall delivery of the project. The main adjustments required are;

· Reduction of Federal grant for the South West Energy Experience (SWEE) from $3,800,000 to $2,677,725 – grant would only fund building component;

· Reduction of SWDC non cash contribution from $1,800,000 to $724,875 due to the write down of the value of the SWEE exhibit;

· Increase in Lotterywest funding from $210,000 to $1,168,869 due to successful grant application for both the Sandra Donovan Sound Shell and the Manjimup Rec Plaza;

· Removal of Bikewest funding of $50,000 – project did not meet grant criteria; and

· Removal of DSR Funding of $50,000 – project did not meet grant criteria.

ATTACHMENT: 9.3.6(2)

Senior Management Team met on the 23 August 2017 to review the project and the components to assess where reductions could occur without compromising the delivery and ultimately the long term outcomes of the project. From this meeting the $3,000,000 reduction is proposed to come from the following areas;

· Component 2 – Transform Manjimup Timber Park - $600,000 RfR reduction;

· Component 3 – Create Townsite wide Linear Park - $600,000 RfR reduction;

· Component 5 – Create Investment ready Hotel Site - $200,000 RfR reduction;

· Component 7 – Undertake an Array of Mottram St / SW Hwy, improve safety - $1,000,000 RfR reduction; and

· Recognise Interest $600,000.

ATTACHMENT: 9.3.6(3)

STATUTORY ENVIRONMENT:

Local Government Act 1995 requires budgets to be set by Council by absolute majority.

Policy / Strategic Implications:

There are no Policy or Strategic implications to this agenda item.

Organisational risk management:

It is not expected that the Shire of Manjimup will be exposed to any additional financial or reputation risk as the Revitalisation of Manjimup’s Town Centre Project is still expected to be delivered to completion.

Financial Implications:

On all capital projects there is an ongoing maintenance consequence and this will be required to be factored in to future annual budgets. The Shire’s strategic planning including the Long Term Financial Plan is the correct framework to adequately capture and plan for future maintenance obligations.

Sustainability:

Environmental: Nil

Economic: As indicated in the report

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1) Amend the 2017/2018 annual budget to recognise the $3,000,000 reduction in Royalties for Regions - Manjimup Town Centre Revitalisation and other minor amendments to the project as per the table below;

Allocation	Current Budget	Proposed Budget	Variance
Grant – South West Development Commission	(1,075,125)	0	1,075,125
Grant – Federal Grant Funding	(3,800,000)	(2,677,725)	1,122,275
Grant – Department of Sport & Recreation	(50,000)	0	50,000
Grant – Regional Bike Network	(50,000)	0	50,000
Grant - Lotterywest	(210,000)	0	210,000
711 – 719 Manjimup Town Centre Revitalisation Stage 2	26,386,936	23,879,536	(2,507,400)
2016/2017 Carried Forward Surplus	(18,815,322)	(15,215,322)	3,000,000
2016/2017 Restricted Cash – Interest Western Australian Treasury	0	(600,000)	(600,000)
711 – 719 Manjimup Town Centre Revitalisation Stage 2	23,879,536	21,479,536	(2,400,000)
Net			$0

2) Authorise the Chief Executive to seek an amendment to the Financial Assistance Agreement to reflect the required changes.

COUNCIL RESOLUTION:

Moved: DeCampo, W Seconded: Taylor, R

27150

That Council

1) Amend the 2017/2018 annual budget to recognise the $3,000,000 reduction in Royalties for Regions - Manjimup Town Centre Revitalisation and other minor amendments to the project as per the table below;

Allocation	Current Budget	Proposed Budget	Variance
Grant – South West Development Commission	(1,075,125)	0	1,075,125
Grant – Federal Grant Funding	(3,800,000)	(2,677,725)	1,122,275
Grant – Department of Sport & Recreation	(50,000)	0	50,000
Grant – Regional Bike Network	(50,000)	0	50,000
Grant - Lotterywest	(210,000)	0	210,000
711 – 719 Manjimup Town Centre Revitalisation Stage 2	26,386,936	23,879,536	(2,507,400)
2016/2017 Carried Forward Surplus	(18,815,322)	(15,215,322)	3,000,000
2016/2017 Restricted Cash – Interest Western Australian Treasury	0	(600,000)	(600,000)
711 – 719 Manjimup Town Centre Revitalisation Stage 2	23,879,536	21,479,536	(2,400,000)
Net			$0

2) Authorise the Chief Executive to seek an amendment to the Financial Assistance Agreement to reflect the required changes.

CARRIED: 7/0

Cr Winfield returned to Chamber at 5.53pm.

ATTACHMENT

9.5.1 Proposed Remote Signage on Location 4441 Conte Road, Collins and Lot 26 Vasse Highway, Pemberton

PROPONENT	Mr DG Webster & Ms KG Barrett-Lennard
OWNER	Mr J Forrest; Mr AT & Ms A Ailakis
LOCATION / ADDRESS:	Location 4441 Conte Road, Collins and Lot 26 Vasse Highway, Pemberton
WARD:	West
ZONE:	Parks and Recreation; General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/171, P56648; DA17/170, P57650
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	17/08/2017
DECLARATION OF INTEREST:	Nil

Background:

Two applications for development approval have been received seeking approval for two Advertisements, being Remote Signs. Approval is being sought to replace two existing signs relating to now closed businesses, with signage for:

a) Promotion of a food delivery service to the community of Pemberton on the existing signage at Location 4441 Conte Road, Collins; and

b) Promotion of “People and Parcel Movers”, which also undertakes food deliveries. If approved this sign will be located on existing signage at Lot 26 Vasse Highway, Pemberton.

A copy of the submitted applications are shown below.

ATTACHMENT: 9.5.1(1)

Location Plan 1 – Collins

Location Plan 2 – Pemberton

Location 4441 Conte Road, Collins has a total area of 2.75 ha and Lot 26 Vasse Highway, Pemberton has a total area of 80.8ha with both properties being predominately being used for agricultural pursuits.

Whilst the signage is being proposed to replace existing, outdates signs, using the current sign framework, Council is requested to determine the applications as approval requires a variation of current Council Policy relating to advertising signage.

PUBLIC Consultation Undertaken:

No public consultation was undertaken. However, as the remote signage is located abutting a highway, the comment of Main Roads WA (MRWA) were sought. A copy of the advice received from MRWA is shown attached and is discussed in the Comment section below.

ATTACHMENT: 9.5.1(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the properties as being within the “General Agriculture” and “Parks and Recreation” Zones. As prescribed by clause 5.29 of the Scheme:

“the erection, placement and display of advertisements and the use of land and buildings for that purpose is development within the definition of the Planning and Development Act 2005 and requires the planning approval of the local government in accordance with the provisions of Part9 of the Scheme, unless it is an exempted advertisement as listed in Schedule 15.”

Council adopted Local Planning Policy No 6.1.4 – Advertisements on 8 December 2016 in order to guide officers in assessing applications for Advertising Signage.

The signs subject of this application are considered to be generally compliant with the Advertisement Policy except that they are not associated with a tourist business. Further guidance is provided below to assist Council in determining the application.

LPS4 6.1.4 – Advertisements

The Policy, which applies to all advertisements being constructed on land in all Scheme zones prescribes the development criteria to be used when assessing applications for Remote Signs. Assessment of the application against this criteria confirms that the proposal, complies with the criteria, except for the following requirement:

a) The remote sign is associated with a tourist-related business or a business that provides goods and services to the travelling public that has been approved by the local government.

As the applicant does not operate a tourist related business, neither sign as proposed complies with the above. However, the sign relating to “People Movers” could be considered as a tourist related business given that the services could be used by the travelling public.

In each case the landowners have given permission for the applicant to use the existing frames and stands for the signs.

Submission Received

MRWA have assessed the proposal against their policy relating to Application Guidelines for Advertising Signs. They have stated they have no objection to the proposed signage and locations based on their current policy and application guidelines for advertising signs.

Matters to be Considered

In considering application for planning approval, clause 10.2 of the Scheme requires that Council have due regard to various matters. These matters include but are not limited to:

(v) any relevant policy or strategy of the Commission and any relevant policy adopted by the Government of the State;

(vi) the local government’s adopted Local Planning Strategy and any local Planning Policy adopted by the local government under clause 2.4…..,

(x) the compatibility of the use or development with its setting including the potential impact on the use and enjoyment of adjacent and nearby land and taking into consideration any Special Control Area;

(xv) the preservation of the amenity of the locality.

Given that MRWA has not raised an objection to the proposal, the application is deemed to be consistent with requirement (v) above.

With regards to the preservation of the amenity of the locality, Local Planning Policy No 6.3.5 stipulates minimum separation distances between Remote Signs in order to limit the impact on the amenity of the area and ensure the potential for driver distraction is minimised. The submitted applications comply with these requirements.

Conclusion

The proposed variations have been assessed against clause 10.2 of the Scheme. The assessment has found that the variations could be approved by Council if it chooses to exercise its discretion.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Compliance with Local Planning Policy LPS4 6.1.4 Advertisements is discussed as above.

Organisational risk management:

Nil.

Financial Implications:

The appropriate fees have been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants planning approval for the remote signage at Location 4441 Conte Road, Collins (TP159/2017) and Lot 26 Vasse Highway, Pemberton (TP160/2017) in accordance with the plans as attached at 9.5.1(1) and subject to the following conditions:

1. 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 from the Shire of Manjimup;

2. The remote signs are to display the authorisation of the Shire of Manjimup.

COUNCIL RESOLUTION:

Moved: DeCampo, W Seconded: Herbert, V

27151

2. The remote signs are to display the authorisation of the Shire of Manjimup.

CARRIED: 8/0

ATTACHMENT

9.5.2 Retrospective Application for Change of Use (Domestic Outbuilding to Ancillary Accommodation) at Lot 38 (246) Jacksonii Avenue, Walpole

PROPONENT	JM Beaumont & CR Cann
OWNER	RJ Carter & SR Cochrane
LOCATION / ADDRESS:	Lot 38 (246) Jacksonii Avenue, Walpole
WARD:	South
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/73, P50203
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	29/08/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for a Change of Use, converting an existing Domestic Outbuilding to an Ancillary Accommodation Unit at Lot 38 (246) Jacksonii Avenue, Walpole. Plans as provided by the proponent are attached.

ATTACHMENT: 9.5.2(1)

Location Plan

It was noted by Shire officers during the sale of the property in March 2017 that the Domestic Outbuilding on the property was being used for habitable purposes without approval. Shire officers contacted the landowner at the time to make retrospective application for development approval to formalise the use of the Domestic Outbuilding as Ancillary Accommodation.

Whilst Shire officers initially accepted the retrospective application for development approval, it was determined further detail and fee payment was required to process the application. The proponent has been contacted a number of times since April 2017 to provide the information and fee, but has not provided Shire officers with a response.

Council is now requested to formally refuse the application.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Rural-Residential Zone. As identified within the Scheme, “Ancillary Accommodation” is a “D” use within the Rural-Residential Zone. That is a use which is “not permitted unless the local government has exercised its discretion by granting approval.”

The Scheme identifies that the term “Ancillary Accommodation”, has the same definition applied by the Residential Design Codes of Western Australia, being “Self-contained dwelling on the same lot as a single house which may be attached to, integrated with or detached from the single house.”

To guide Council in the determination of the application the following comments are offered:

Application Detail

In accordance with Part 9 of the Scheme, to be valid an application for planning approval must be accompanied by:

a) Payment of the required fee;

b) At Scale plans, providing a satisfactory level of detail.

In this case, the application was not accompanied by payment of the required fee and the submitted plans were insufficient to allow for proper and orderly assessment of the application.

Attempts to Contact Proponent

The Shire’s Statutory Planning office has made a number of attempts to contact the proponent, with the view to receiving further information to process the application. A number of phone calls have been made, and two formal letters detailing the further information required dated 3 April 2017 and 4 August 2017 sent to the proponent. At the time of writing no written or verbal response has been received. The letters requesting further information are attached.

ATTACHMENT: 9.5.2(2)

Given the lack of response, Shire officers propose to deem that the application is not valid in its current form.

Outstanding Illegal Development

Whilst deeming the application is not valid resolves the status of the application, the result is that the unauthorised development issue has not been resolved.

It is not clear to Shire officers whether the new landowners at 246 Jacksonii Avenue are using the Domestic Outbuilding as Ancillary Accommodation without approval, or are aware that approval of the use of building in that manner is required. To resolve the non-compliance, Shire officers will contact the new landowners to determine their intent with regard to the use of the building.

Given that the current owners were no involved in establishing the unauthorised development, it is recommended that no action be taken until such time as the current owners intent is known.

Concluding Remarks

It is the opinion of Shire officers that despite repeated attempts to make contact with the proponent, there appears little inclination to provide the further information required to adequately assess the application given the sale of the property to new owners. For this reason it is recommended that the application be deemed to be invalid and that the matter be addressed through consultation with the new owners.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 9 of Shire of Manjimup Local Planning Scheme No.4 deem that the application for planning approval to a Change of Use from domestic outbuilding to ancillary accommodation at Lot 38 (246) Jacksonii Avenue, Walpole be deemed as invalid, based on the following:

· Non-payment of the required $441 retrospective development application fee;

· Non-provision of sufficient information to make adequate assessment of the retrospective Change of Use.

2. Defer any action in respect of the unauthorised ancillary accommodation at Lot 38 (246) Jacksonii Avenue, Walpole pending liaison with the new/current owners of the land.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: DeCampo, W

27152

That Council:

· Non-payment of the required $441 retrospective development application fee;

· Non-provision of sufficient information to make adequate assessment of the retrospective Change of Use.

2. Defer any action in respect of the unauthorised ancillary accommodation at Lot 38 (246) Jacksonii Avenue, Walpole pending liaison with the new/current owners of the land.

CARRIED: 8/0

ATTACHMENT

9.5.3 Proposed Low-Impact Tourist Accommodation (Short Stay) at Lot 8200 (379) Green Road, Channybearup

PROPONENT	MJ Muir & CJ Anderson
OWNER	MJ Muir & CJ Anderson
LOCATION / ADDRESS:	Lot 8200 (379) Green Road, Channybearup
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/179, P51680
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4
AUTHOR:	Jason Giadresco
DATE OF REPORT:	29/08/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for Low Impact Tourist Accommodation (Short Stay) at Lot 8200 (379) Green Road, Channybearup. Location, site and development plans of the proposal are attached.

ATTACHMENT: 9.5.3(1)

Location Plan

Lot 8200 is 31.4ha property located on the north side of Green Road, approximately 16 kilometres from the Pemberton Townsite by road via Vasse Highway. Currently the site contains a dwelling, shed, 2 dams and a building previously used for habitable purposes.

The application proposes the conversion of an existing building to “Holiday Accommodation/Guest Accommodation”. If approved, the building will have two bedrooms and be self-contained. Two (2) car parking spaces are available for vehicles and a maximum of 4 persons are proposed to be accommodated at any one time. The owners who reside on site will manage the accommodation.

Council is requested to determine the application as the proposal is for a discretionary use that may only be determined by Council.

PUBLIC Consultation Undertaken:

The application was advertised for a 14 day period in accordance with clause 9.6 of the Scheme. No submissions were received from adjoining neighbours. Parking space to two vehicles has been indicated.

COMMENT (Includes Options):

In accordance with the provisions of the Shire of Manjimup Local Planning Scheme No 4 (the Scheme), the proposed use is best classified as Holiday Accommodation – Low Impact Tourist Accommodation. The Scheme defines Holiday Accommodation has land and buildings providing facilities for tourist and travellers, including chalets, cabins, farm stay, bed and breakfast, camping grounds, caravan parks and motels, none of which is occupied by the tenant for a period of more than three months in any one calendar year”.

The provisions of the Scheme, include the subject land within the ‘Priority Agriculture’ Zone. Holiday Accommodation – Low Impact Tourist Accommodation is an ‘A’ use within the Priority Agriculture Zone. That is a use which is not permitted unless approved by Council after advertising.

To assist Council in determining the application, the following comments are offered:

Proposal Details

The proposed Low Impact Tourist Accommodation building will:

· accommodate a maximum of 4 persons at any one time;

· be supplied with water from the existing 90,000 on-site tank, treated to a potable standard;

· be served by 2 parking bays located beneath the raised holiday accommodation; and

· be managed in accordance with the details in the Management Plan provided.

Assessment of the proposal confirms that the proposed development complies with all scheme requirements for Holiday Accommodation – Low Impact Tourist Accommodation, provided it is not occurred by any person for more than 3 months in any 12 month period.

Setbacks

As the proposal relates to existing development on the site, no further assessment of setbacks is required.

Road Access

Green Road is to be used as the main thoroughfare to access the proposed development. Generally, the condition and geometry of Green Road could be described as adequate. However, it is possible that the road geometry and condition will not suit the ongoing development of a tourism business.

Given that approval to the proposal will only result in a low number of additional traffic movements, an upgrading of Green Road is not recommended. It is furthermore considered that a condition requiring the upgrading of Green Road, at the proponent’s cost, would make the proposal unviable.

Notwithstanding this, the Shire’s Manager of Technical Services has requested that it be recognised that the road is an unsealed Local Rural Road provided in an ‘as-is’ condition, the road condition may not be ideal for the development and Council’s plans for Green Road will not be modified as a result of this private business. An advice note to this effect will be included on any approval granted by Council.

Emergency Management

The proponent has developed an Emergency Evacuation Response Plan showing the evacuation points as well as an assembly area. This information should be made available in the proposed new holiday accommodation in accordance with Council Policy.

Should Council wish to approve the application, it is recommended that an appropriate condition be imposed to require this matter to be addressed.

Non-planning Requirements

The requirements for provision of water, effluent disposal and bush fire protection will be conveyed as advice notes as these are requirements under other legislation.

Conclusion

The Scheme permits Council to approve low impact tourist accommodation – short stay proposals provided that any impact from any such land uses or development is contained on-site. The proposed development is considered to be appropriately located and is not expected to result in any significant impact on nearby intensive agricultural activities and adjoining properties.

Given the above, it is recommended that the application for planning consent be approved subject to conditions.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants development approval for the Low Impact Tourist Accommodation (Short Stay) at Lot 8200 (379) Green Road, Channybearup in accordance with the submitted plans as attached at Attachment 9.5.3(1) and subject to the following conditions:

a) The Holiday Accommodation hereby approved is limited to a maximum of four (4) persons in the premises at any one time to the satisfaction of the Shire of Manjimup;

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

c) The Emergency Evacuation Response Plan is to be displayed in all guest bedrooms at all times;

d) Prior to commencement of the use hereby approved, a minimum of two (2) easily accessible car parking spaces in proximity to the proposed accommodation shall be identified and marked on site for guest use and from thereon to the satisfaction of the Shire of Manjimup;

e) An on-site potable water supply shall be provided on the site and connected to the development prior to occupation and shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup; and

f) The submitted management details which form part of the initial application shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

a) The current level of construction of Green Road is provided in an “as is” condition being an Local Rural Road and no upgrade of the road will take place to cater for increased traffic that may be generated by the development.

b) The approved development must comply with all relevant provisions of the Public Health Act 2016 and the Building Act 2014.

c) A Building Permit is required to be obtained from Building Services for the reclassification of the building to guest accommodation.

d) Firebreaks and low fuel zones are to be installed and maintained to the satisfaction of the local government around all boundaries and buildings on the subject property, in accordance with the requirements of the Annual Shire Firebreak Notice endorsed by the Shire of Manjimup.

e) The proponent is advised that any commercial use operated in accordance with the attached planning approval may result in the method of rating of the subject property or part thereof being reviewed. [The proponent is invited to liaise with the Rates Officer for further advice in respect to this].

f) The proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’.

COUNCIL RESOLUTION:

Moved: DeCampo, W Seconded: Herbert, V

27153

That Council:

a) The Holiday Accommodation hereby approved is limited to a maximum of four (4) persons in the premises at any one time to the satisfaction of the Shire of Manjimup;

c) The Emergency Evacuation Response Plan is to be displayed in all guest bedrooms at all times;

f) The submitted management details which form part of the initial application shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

b) The approved development must comply with all relevant provisions of the Public Health Act 2016 and the Building Act 2014.

c) A Building Permit is required to be obtained from Building Services for the reclassification of the building to guest accommodation.

f) The proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’.

CARRIED: 8/0

ATTACHMENT

9.5.4 Proposed Low-Impact Tourist Accommodation at Lot 8327 (127) Gabbedy Road, Meerup

PROPONENT	JM Bailey & BJ Thiele
OWNER	JM Bailey & BJ Thiele
LOCATION / ADDRESS:	Lot 8327 (127) Gabbedy Road, Meerup
WARD:	Coastal
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/175, P54223
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	30/08/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for Low Impact Tourist Accommodation (Short Stay) at Lot 8327 (379) Gabbedy Road, Meerup. Location, site and development plans of the proposal are attached.

ATTACHMENT: 9.5.4(1)

Location Plan

Lot 8327 is 39.44ha in area and is located at the end of the constructed section of Gabbedy Road via Double Bridges Road. The property contains a dwelling, shed and two small soak dams toward the southern end of the property. The property is largely covered in native vegetation.

The application proposes the partial conversion of the shed on the property into a two-storey 105m², 2 bedroom, self-contained Low-Impact Tourist Accommodation. Two (2) car parking spaces are available for vehicles and a maximum of 4 persons are proposed to be accommodated at any one time.

Council is requested to determine the application as the proposal is for a discretionary use that may only be determined by Council.

PUBLIC Consultation Undertaken:

The application was advertised over 16 days, ensuring a minimum comment period of 14 days in accordance with clause 9.6 of the Scheme, and to allow for the letter to reach the recipients with adequate time to respond. One submission was provided by an adjoining landowner, which is discussed within the comment section below. The submission received is attached.

ATTACHMENT: 9.5.4(2)

Advice provided by the Department of Biodiversity, Conservation and Attractions (DBCA) provided no objection to the application.

COMMENT (Includes Options):

The provisions of the Shire of Manjimup Local Planning Scheme No 4 (the Scheme), include the subject land within the ‘General Agriculture’ Zone. Holiday Accommodation – Low Impact is an ‘A’ use within the General Agriculture Zone. That is a use which is not permitted unless approved by Council after advertising.

To assist Council in determining the application, the following comments are offered:

Proposal Details

The proposed Low-Impact Tourist Accommodation building will:

· accommodate a maximum of 4 persons at any one time;

· be supplied with water from the existing 100,000 on-site tank, treated to a potable standard;

· be served by 2 parking bays located directly next to the holiday accommodation; and

· be managed in accordance with the details in the Management Plan provided.

Clause 5.34.2.4 (4)(f) of the Scheme, states that within the General Agriculture zone Low-Impact Tourist Accommodation – Short Stay is limited to not more than 4 holiday accommodations or guest bedrooms to accommodate no more than 20 persons or equivalent accommodation types (including bed & breakfast facilities).

Assessment of the application confirms that the proposed accommodation meets the above definition of ‘low impact development’ on the basis that the proposed accommodation unit will be a maximum number of guests to 4 persons, compliant with the 20 person limit imposed by the Scheme.

Submission

The adjoining landowners at Lot 8326 Gabbedy Road have made a submission providing no objection to the proposal, but request that information (signage, brochures) identifying the property boundary between the two lots be provided by the proponents to guests to ensure the ongoing privacy of the landowners at Lot 8326.

In light of this, Shire officers recommend advice be included on any approval issued by Council requesting the proponents to clearly indicate where the boundaries of Lot 8327 are located through the Emergency Evacuation Plan, to ensure guests do not trespass onto adjoining properties.

Setbacks

The Scheme states that development within the General Agriculture zone shall conform to the following setbacks – 30 metres from front and rear and 10 metres from sides. The development is located within an existing building 150m from the front property boundary.

With regard to side and rear setbacks, the proposal site is located over 100m to side boundaries and 100m to the rear boundary and therefore deemed compliant with the Scheme’s setback requirements.

Road Access

Gabbedy Road is to be used as the main thoroughfare to access the proposed development. Generally, the condition and geometry of Gabbedy Road could be described as adequate. However, it is possible that the road geometry and condition will not suit the on-going development of a tourism business.

Given that approval to the proposal will only result in a low number of additional traffic movements, an upgrading of Gabbedy Road is not recommended. It is furthermore considered that a condition requiring the upgrading of Gabbedy Road, at the proponent’s cost, would make the proposal unviable.

Notwithstanding this, Shire officers request that it be recognised that the road is a Local Rural Road, provided in an ‘as-is’ condition and Council’s plans for Gabbedy Road will not be modified as a result of this private business. An advice note to this effect will be included on any approval granted by Council.

Emergency Management

The proponent has submitted a draft Emergency Plan detailing emergency information for guests. Shire officers recommend that this information should be incorporated into an Evacuation Plan depicting exit routes from the property and made available in the proposed new holiday accommodation in accordance with Council Policy.

Should Council wish to approve the application, it is recommended that an appropriate conditions be imposed to require this matter to be addressed.

Bushfire Attack Level Assessment

Given the location of the proposal is within a designated Bushfire Prone Area, the proponents have provided a Bushfire Attack Level (BAL) Assessment as required by State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP No 3.7). The BAL Assessment has determined a level of BAL-FZ.

As prescribed by SPP No 3.7 and the associated guidelines, development in bush fire prone areas shall not be approved unless it can be demonstrated that the development, once complete, will be subject to a maximum Bush Fire Attack Level of BAL 29. A Bushfire Management Plan should therefore be required prior to any development, demonstrating that this can be achieved.

A condition that the proposal be constructed in accordance with the assessment findings and Australian Standard 3959 is recommended to be included on any approval issued by Council.

Non-planning Requirements

The requirements for provision of water, effluent disposal and property bush fire protection will be conveyed as advice notes as these are requirements under other legislation.

Conclusion

The Scheme allows Council to approve low impact tourist accommodation – short stay proposals provided that any impact from any such land uses or development is contained on-site. The proposed development is considered to be appropriately located and is not expected to result in any significant impact on nearby intensive agricultural activities and adjoining properties.

Given the above, it is recommended that the application for planning consent be approved subject to conditions.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil. The concerns provided by the adjoining neighbour can be suitably addressed through the provision of advice to the proponent.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants development approval for the Low Impact Tourist Accommodation (Short Stay) at Lot 8327 (127) Gabbedy Road, Meerup in accordance with the submitted plans as attached at Attachment 9.5.4(1) and subject to the following conditions:

a) Prior to commencement of the development hereby approved, the applicant shall prepare a Bush Fire Management Plan demonstrating how the Bush Fire Attack Level will be reduced and maintained so as to ensure that the development will be subject of to a maximum of BAL 29, to the satisfaction of the Shire of Manjimup;

b) The Holiday Accommodation hereby approved is limited to a maximum of four (4) persons in the premises at any one time to the satisfaction of the Shire of Manjimup;

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

d) The proposed Holiday Accommodation is to be constructed in accordance with the Bushfire Attack Level Assessment Report as submitted and the requirements of Australian Standard 3959;

e) The amended Emergency Evacuation Response Plan is to be updated to reflect the approved accommodation unit and displayed in the Holiday Accommodation at all times;

f) Prior to the occupation of the development for its approved purpose, a minimum of 2 car parking spaces shall be set aside for guests’ parking, shall be marked permanently as such, and shall be located so as to be easily accessible, to the satisfaction of the Shire of Manjimup;

g) An on-site potable water supply shall be provided on the site and connected to the development prior to occupation and shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup; and

h) The submitted management details which form part of the initial application shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

a) The current level of construction of Gabbedy Road is provided in an “as is” considered appropriate to support the proposal and no upgrade of the road will take place to cater for increased traffic that may be generated by the development.

b) The approved development must comply with all relevant provisions of the Public Health Act 2016 and the Building Act 2014.

c) A Building Permit is required to be obtained from Building Services for the reclassification of the building to guest accommodation.

f) The Emergency Evacuation Plan is to accurately depict the location of subject property’s boundaries, to prevent guests from entering adjoining land.

g) The proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’.

COUNCIL RESOLUTION:

Moved: Munro, G Seconded: Taylor, R

27154

That Council:

b) The Holiday Accommodation hereby approved is limited to a maximum of four (4) persons in the premises at any one time to the satisfaction of the Shire of Manjimup;

d) The proposed Holiday Accommodation is to be constructed in accordance with the Bushfire Attack Level Assessment Report as submitted and the requirements of Australian Standard 3959;

e) The amended Emergency Evacuation Response Plan is to be updated to reflect the approved accommodation unit and displayed in the Holiday Accommodation at all times;

h) The submitted management details which form part of the initial application shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

b) The approved development must comply with all relevant provisions of the Public Health Act 2016 and the Building Act 2014.

c) A Building Permit is required to be obtained from Building Services for the reclassification of the building to guest accommodation.

f) The Emergency Evacuation Plan is to accurately depict the location of subject property’s boundaries, to prevent guests from entering adjoining land.

g) The proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’.

CARRIED: 8/0

ATTACHMENT

9.5.5 Proposed Small Bar, Holiday Accommodation and Cafe at Lot 106 (23) Brockman Street, Pemberton

PROPONENT	Jarrah Forest Consulting Pty Ltd
OWNER	Jarrah Forest Consulting Pty Ltd
LOCATION / ADDRESS:	Lot 106 (23) Brockman Street, Pemberton
WARD:	West
ZONE:	Town Centre Zone
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/130, P57600
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4
AUTHOR:	Jason Giadresco
DATE OF REPORT:	30/08/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for the construction of a Small Bar, Holiday Accommodation and Café at Lot 106 (23) Brockman Street, Pemberton. Location, Site and Development Plans are attached.

ATTACHMENT: 9.5.5(1)

Location Plan

Lot 106 is 1484m² and contains a Shop located on the corner of Brockman Street and Railway Crescent. The balance of the property is largely vacant, with a large, well-developed tree located in the centre of the property.

The application proposes the following development on the property:

· A Small Bar and deck, to be located on the site of the existing Shop, which will undergo significant extension and renovation. The development will accommodate 36 patrons;

· A Café to accommodate 8 patrons. The Café will primarily be operated on a “take-away” basis, hence the small seating number;

· 4 Holiday Accommodation Units, accommodating 2 persons in each unit;

· Construction of 9 car parking bays and crossover, including 1 disability bay on the property adjacent to Railway Crescent; and

· A ‘Nature Play’ playground located between the Café and Small Bar for the use of patrons’ children, and the children within the wider Pemberton community.

The materials to be used in the construction of the Small Bar, Café and Holiday Accommodation Units are to be sympathetic to the predominant ‘mill town’ aesthetic in Pemberton, using Timber cladding with a metal roof.

Council is requested to determine the application. In order to facilitate the proposed use, Council is requested to consider varying the standard parking requirements that would otherwise apply to the land uses.

PUBLIC Consultation Undertaken:

The application was advertised for a 14 day period in accordance with clause 9.6 of the Scheme. Five (5) submissions were received, 4 being from adjoining landowners, and 1 from Main Roads Western Australia. A Schedule of Submissions details the content of each is attached.

ATTACHMENT: 9.5.5(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (LPS No 4) include the subject land within the Town Centre Zone. Having regard to the activities that would be undertaken on the land, is best classified as a “small bar”, “café” and “holiday accommodation” which LPS No 4 defines as follows:

“café” means premises similar to those of a restaurant but from which only snacks and light refreshments are served during normal working hours and the term includes premises referred to as café;

A café is a “P” use within the Town Centre Zone. That is a use which “is permitted by the Scheme provided that the use complies with the relevant development standards and requirements of the Scheme.”

In regards to development standards and requirements, the following is a summary of the normal requirements that would apply to a café within the Town Centre Zone:

· Provision of off street parking at a rate not less than 1 bay per 4 persons;

· The car parking referred to above being constructed with a sealed surface with formal drainage and line marking;

· A minimum of 5% landscaping.

“small bar” means premises licensed as a small bar under the Liquor Control Act and used to sell liquor for consumption on the premises, but not including the sale of packaged liquor; and with the number of persons who may be on the licensed premises limited to a maximum of 120;

“holiday accommodation” means land and buildings providing facilities for tourist and travellers, including chalets, cabins, farm stay, bed and breakfast, camping grounds, caravan parks and motels, none of which is occupied by the tenant for a period of more than three months in any one calendar year.

A small bar and holiday accommodation are a “D” land use within the Town Centre Zone. That is a use that “means that the use is not permitted unless the local government has exercised its discretion by granting planning approval”

In regards to development standards and requirements, the following is a summary of the normal requirements that would apply to a small bar and holiday accommodation within the Town Centre Zone:

· Provision of off street parking at a rate not less than 1 bay per 4 persons for a small bar;

· Provision of off street parking at a rate of not less than 1 bay per holiday accommodation unit;

· The car parking referred to above being constructed with a sealed surface with formal drainage and line marking;

· A minimum of 5% landscaping.

The application has been assessed against Clauses 4.2 and 5.32, and Clause 3.5 of Schedule 8 of the Scheme. The application meets Zone and Precinct requirements. The proposed development contains adequate landscaping as depicted on the attached plans and is considered compliant. The other aspects as outlined above, as well as submissions from adjoining neighbours and Main Roads Western Australia, will be discussed through the remainder of the report.

To assist Council in determining this matter, the following comments are provided:

Variation of Development Standards

The ability for Council to reduce the required number of car parking bays is reflected within two clauses of LPS No 4. Firstly as outlined under clause 5.5.1, except in respect of the Residential Design Codes, if an application for planning approval does not comply with a standard or requirement prescribed by the Scheme, “the local government may, despite the non-compliance, approve the application unconditionally, or subject to such conditions as the local government thinks fit”.

Car Parking and Access

Parking requirements have been calculated in accordance with Table 2 of clause 5.17 of the Scheme, confirming a minimum of 16 bays are required to service the development. The proponents have indicated that 9 bays will be constructed to a sealed standard on site to Scheme requirements, inclusive of one disability bay. Four (4) bays will exclusively service the holiday accommodation on site, with the balance to service the Small Bar.

A number of the submissions received raise issues related to carparking. Discussions with the proponents have resulted in the revision of the car parking on site, increasing the number of proposed bays from 6 to 9. Shire officers have determined that 4 car parking bays are available in Railway Crescent, and 5 bays are available in Brockman Street immediately adjacent to the property. Combining off-street and on-street parking, 18 bays would be available to service the proposed development.

Council is therefore being asked to consider granting a dispensation in the form of a reduction of the required onsite parking, permitting the use of the 9 car-parking bays along Brockman Street and Railway Crescent, to meet the car-parking requirements of the proposed development under the scheme.

In accordance with Clause 5.5 Council may approve a development with a reduced number of car parking bays, provided that it is satisfied that:

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

(ii) The non-compliance with 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.

Shire officers understand that the Small Bar will be operating in the late afternoon to evening, whilst the peak period of the Café will largely be operating during daylight hours. Parking for the Holiday Accommodation will be marked by designated bays on the subject site. It is anticipated that most car parking bays will be required during the evening, at a time when Railway Crescent and Brockman Street will be underutilised.

Staff contend that the proposed arrangement for the provision of car parking for the land uses to be developed that being, 9 car parking bays on the subject site access from Railway Crescent and 9 car-parking bays on Brockman Street are sufficient to meet the objectives for Car Parking contained in Clause 5.17 of the Scheme.

Liquor Licencing Requirements

A number of submissions raised concern about the potential for intoxicated patrons leaving the Small Bar and disturbing the amenity of the area. Although this is not a matter of Council’s consideration, it is expected of the proponents that service of alcohol will be undertaken in accordance with the requisite legislation ensuring the responsible service of alcoholic beverages. Furthermore, disturbance of the peace by patrons of the Small Bar is a matter for the Police.

A Small Bar is permitted to open between 6am and 12 midnight on any day other than Sunday, and from 10am to 10pm on a Sunday. The hours of operation have not been determined by the proponent at this time. Nevertheless, it is recommended a condition ensuring compliance with the requirements of the Department of Racing, Gaming and Liquor Small Bar Licence be included on any approval issued by Council.

Holiday Accommodation Requirements

Although plans have been provided on the design of the accommodation, no Management Plan or Emergency Evacuation Plan has been provided as to the ongoing management of the facility. To this end, conditions requiring that both these plans be produced, submitted and approved by the Shire prior to occupation of the building will be included on any approval issued.

Additionally, a condition will be included to manage the length of time any one person may spend at the accommodation. No person may spend longer than 3 months in any 12 month period at the accommodation. A condition reflecting this will be included on approval.

Drainage Requirements

It is unclear as to whether the drainage is to be contained on site or to be connected to the local drainage system. Given the large amount of hard surface areas on the proposal site, it is considered that the development will need to connect to the local drainage system. A condition reflecting this will be included on approval. It is also requested that the applicant be advised that an upgrading of the existing infrastructure may be required.

Rubbish Areas

Rubbish storage areas are to be provided at the rear of the Café and Small Bar. A condition that these rubbish areas are screened and constructed on a hard stand area will be included on approval.

Lighting

Given the hours of the development’s operation, it is likely that lighting of external areas will be required and that the impact of any lighting will need to be managed to prevent it disrupting the amenity of the area, particularly those properties with residences located adjacent to the subject site. Therefore, Shire officers recommend that the external lighting be installed as to not have a detrimental impact on the amenity of the area. A condition reflecting this is recommended to be included on any approval issued by Council.

Landscaping

The Scheme requires that a minimum 5% of the site be landscaped. The application details that a level of landscaping exceeding, inclusive of the playground, exceeds the Scheme requirements. A standard condition is recommended to ensure that the proposed landscaping is completed.

Sewerage Connection

Sewerage connection is available to the site adjacent to Railway Crescent. A condition requesting the connection of sewerage to the development should be included on any approval granted.

Environmental Health Requirements

The development will be required to register as a food business with the Shire. The Holiday Accommodation component will also require a Lodging House Permit to be obtained from the Shire prior to commencement of the use.

The Small Bar will also be required to apply to the local government to attain approvals under Section 39 and 40 of the Liquor Licensing Act 1988 for a permit to allow the legitimate sale of alcohol. This information should be communicated as advice to the applicant on any approval that may be issued.

Building Requirements

The Small Bar is to be established within an existing shop on the property. The refurbishment of the shop to accommodate the Small Bar within the existing building constitutes building work under provisions of the Building Regulations. As such, the refurbished building will have to comply with the Building Code of Australia 2012.

Additionally there are specific requirements prescribed by the Building Code relating to the provision of disabled access, toilets, fire safety measures etc, these requirements will be addressed during the assessment of the building application.

Conclusion

Given the applications conditional compliance, and the ability for car parking to be adequately managed within and around the site, the application is recommended for conditional approval by Council.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The proposal is considered to be consistent with Community Goals 2.1, 2.3 and 2.6 as outlined in Council’s adopted Strategic Community Plan 2017 -2027, being as follows:

2.1 - New people and new businesses are attracted to the region.

2.3 - The local economy is diversified and supports a range of industries and job opportunities.

2.6 - The region grows in reputation as a world-class culinary, agricultural, environmental and trails tourism destination.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Approval to the application will result in three new businesses being located in Pemberton adding to the range of economic activity and resulting in the creation of additional employment.

Social: The concerns of adjoining neighbours are considered to be suitably addressed by the conditions and advice provided in this report to protect the amenity of the area in light of the proposed development.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with clause 5.5.1 and Part 10 of Shire of Manjimup Local Planning Scheme No.4 varies the parking requirements specified by the Scheme and grants planning approval to the change of use and development of a Small Bar, Holiday Accommodation and Café/Restaurant on Lot 106 Brockman Street, Pemberton in accordance with the submitted plans 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 from the Shire of Manjimup;

b) Before the development is occupied, the property must be connected to the Water Corporation reticulated sewerage system;

c) The area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall:

· Be constructed, drained and marked to the satisfaction of the Council prior to the commencement of the use hereby permitted.

· Thereafter be maintained to the satisfaction of the Council.

· Be made available for such use at all times and not used for any other purpose.

d) Four (4) of the car parking bays to be provided on site are to be marked and maintained for the exclusive use of the Holiday Accommodation only to the satisfaction of the Shire of Manjimup.

e) A minimum of 1 accessibility car bay shall be maintained on site at all times in accordance with the Australian Standard 2890.1 –2009, and connected to a continuous accessible path to the main entrance of the building or facility. The design and signage of the bay(s) and path(s) are to be in accordance with the Australian Standard 1428.1 – 2009;

f) The vehicular crossover between the subject land and Railway Crescent is to be located, designed, constructed, sealed and drained to the satisfaction of the Shire of Manjimup prior to occupation of the premises;

g) The rubbish storage area as shown on the approved plan is to be constructed with walls of not less than 1.5 metres in height of brick/Colorbond construction or other material to the satisfaction of the Shire of Manjimup’s Principal Environmental Health Officer;

h) Any external lighting proposed on the subject property must be installed as to not have a detrimental impact upon traffic in the vicinity or upon the general amenity of neighbouring properties to the satisfaction of the Shire of Manjimup;

i) The Holiday Accommodation units are 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 Shire of Manjimup, and the register shall be made available for perusal by the Shire of Manjimup on demand;

j) Prior to the commencement of the approved use, the applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup;

k) A Management Plan for the Holiday Accommodation, Small Bar and Café is to be developed, submitted and approved by the Shire of Manjimup prior to occupation of the premises;

l) An Emergency Evacuation Plan for the Holiday Accommodation is to be developed, submitted and approved by the Shire of Manjimup prior to occupation of the premises;

m) The consumption of alcohol by patrons of the Small Bar is prohibited within the Shire Road Reserve.

n) All proposed/approved landscaping works are to be completely installed prior to the occupation or use of any land or building for the purposes permitted by this planning approval. In certain circumstances (such as those brought about by adverse seasonal conditions, for example) such works (or their final completion) may be allowed to be deferred for up to a maximum six (6) months subject to the arrangements forming the subject of a prior application to and approval by local government in writing.

o) All stormwater and drainage runoff is to be retained on the subject property or be provided with stormwater drainage connections to the comprehensive district drainage system in the area at the developers cost to the satisfaction to the Shire of Manjimup.

2. Advises the Proponent:

a) The proponent is advised that this planning approval is NOT a building permit. A certified building permit must be formally applied for and obtained BEFORE the commencement of any site and/or development works;

b) The approved development is to comply with the requirements of the “Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations, 1974”;

c) The premises and equipment the subject of this planning approval is required to comply with clause 3.2.3 of the Australian Food Safety Standards.

d) Regardless of whether a building permit is required, application shall be made to the Shire of Manjimup’s Environmental Health Team for assessment and approval prior to commencing development.

e) Two (2) sets of scaled plans (minimum 1:100) and specifications detailing the design and fit out shall be submitted to Environmental Health Section and shall include the following information:

· the use of each room/area;

· the structural finishes of walls, floors, ceilings, benches, shelves and other surfaces;

· the position and type of all fixtures, fittings and equipment;

· all sanitary conveniences, floor wastes/bucket traps/cleaner’s sinks, grease traps, etc.;

· waste storage and disposal areas;

· plans and specifications of the mechanical exhaust system if cooking is to take place in the food business;

· specifications of all cooking equipment (stoves, ovens, fryers, etc.);

· elevations of food handling and storage areas; and

· details of the types of food being prepared or sold.

Please refer to the Shire of Manjimup’s Requirements for the Establishment, Construction and Fit Out of Food Premises available on the website at www.manjimup.wa.gov.au.

A final inspection of the premises will be required to be carried out by the Principal Environmental Health Officer prior to Registration / Notification under the Food Act 2008 and is a requirement prior to commencing operation.

Further information may be obtained from the Shire of Manjimup’s Environmental Health team on (08) 9771 7777;

d) If public consumption of alcohol is likely to occur on the subject premises, additional requirements may be imposed by the Liquor Licensing Division of the Department of Racing, Gaming and Liquor. It is recommended that the proponent consult with the Liquor Licensing Division, either directly (on 1800 634 541) or via the website: www.rgl.wa.gov.au for further information;

e) The Certificate of a Local Health Authority (Section 39) and Local Planning Authority (Section 40), required to support the application for a liquor license referred to in advice note (d) above, may be supplied by the Shire on receipt of a written request. An administration fee will be charged for each certificate, in accordance with adopted local government ‘Fees and Charges’ Schedules; and

f) The proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’.

COUNCIL RESOLUTION
:

Moved: DeCampo, W Seconded: Winfield, C

27155