Minutes of Ordinary Council

· The Shire of Manjimup was the recipient of a National Award for Economic Development Excellence in the category of Economic Development Initiatives Population Under 15,000 at the Economic Development Australia awards held in Ballarat. Most deserving as most of the work for the application was done by Andrew Campbell.

· Jennifer Francheschi of Fresh Produce Alliance, Manjimup has won Telstra Business Women’s Awards, Western Australian Business Woman of the Year 2017.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr D Bavich

Cr L Daubney

Cr W Eiby

Cr V Herbert

Cr D Jenkins

Cr J Salomone

Cr D Tapley

Cr R Taylor

Cr M Ventris

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

Graeme Cockram

Ros Herbert

Bill Bryant

Sondra Reader-Bryant

Ian Pianta

Deanne Ventris

Ros Omodei

Kathy Taylor

Rod Neilson

Robyn Bowles

Kathy Hill

Mary Nixon

Nancy Giblett

David Giblett

Evy Apeldoorn

Alan Lloyd

Media

Tari Jeffers

Irene de Haan

3.1 Apologies: Nil

3.2 Leave Of Absence: Nil

3.3 SWEARING IN OF NEWLY ELECTED COUNCILLORS:

Andrew Campbell, Chief Executive Officer, presided over the swearing in of newly elected Councillors:

Wendy Eiby

Paul Omodei

Jayde Salomone

David Tapley

Murray Ventris

Clifford Winfield

3.4 ELECTION OF SHIRE PRESIDENT:

3.4.1 Call for nominations for position of Shire President.

Call for nominations for the position of Shire President opened at 5.38pm.

3.4.2 Written nominations for position of Shire President close.

One nomination was received from Cr Paul Omodei.

3.4.3 Candidates to address Council.

Not applicable.

3.4.4 Election of Shire President.

Councillor Paul Omodei was elected unopposed.

3.4.5 Election of Shire President for a 2 Year Term to 2019

PROPONENT:	Shire of Manjimup
WARD:	Whole of Shire
DIVISION:	Office of CEO
FILE REFERENCE:	F160233
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
INTEREST:	Nil
DATE OF REPORT:	16 October 2017

BACKGROUND:

On the 22 October 2015, Councillor DeCampo was elected as Shire President for a period of two years. Councillor De Campo stood down as Shire President just prior to the 3 March 2017 Council meeting and through statutory process Cr Omodei was duly elected Shire President for the remaining seven months ending on the third Saturday in October 2017.

The Council is to now elect a President from among its members for a two year term ending on the third Saturday in October 2019.

CONSULTATION:

Nil.

COMMENT (Includes Options):

If there is more than one nomination, an election (by secret ballot) will be conducted by the Chief Executive Officer.

Candidates will be provided with the opportunity to address the Council prior to the vote being taken for a maximum of five minutes. Any competing candidate will be asked to vacate the room whilst another candidate is speaking.

STATUTORY ENVIRONMENT:

Local Government Act 1995

The Local Government (Constitution) Regulations require the application of first past the post voting system to the election of the Shire President.

POLICY / STRATEGIC IMPLICATIONS:

Nil

FINANCIAL IMPLICATIONS:

The 2017/18 budget allows for expenses of the Shire President.

SUSTAINABILITY:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: Simple Majority by Secret Ballot

Councillor Paul Omodei was duly elected Shire President for a period of 2 years ending 18 October 2019 and sworn in by Andrew Campbell, Chief Executive Officer.

3.5 ELECTION OF DEPUTY SHIRE PRESIDENT:

3.5.1(a) Call for nominations for position of Deputy Shire President.

Call for nominations for position of Deputy Shire President opened at 5.48pm.

3.5.2(a) Written nominations for position of Deputy Shire President close.

Nominations for the position of Deputy Shire President were received from Cr Dean Bavich, Cr Robert Taylor and Cr Clifford Winfield.

3.5.3(a) Candidates to address Council

Cr Dean Bavich, Cr Robert Taylor and Cr Cliff Winfield each addressed Council for a 5 minute period.

3.5.4(a) Election of Deputy Shire President.

The ballot resulted in a draw between Cr Taylor and Cr Winfield.

3.5.1(b) Call for nominations for position of Deputy Shire President.

Call for nominations for position of Deputy Shire President opened at 6.08pm.

3.5.2(b) Written nominations for position of Deputy Shire President close.

Nominations for the position of Deputy Shire President were received from Cr Robert Taylor and Cr Clifford Winfield.

3.5.3(b) Candidates to address Council

Candidates declined to address Council again.

3.5.4(b) Election of Deputy Shire President.

The ballot resulted in Councillor Winfield being elected Deputy Shire President.

3.5.5

Election of Deputy Shire President for 2 Year Term to 2019

PROPONENT:	Shire of Manjimup
WARD:	Whole of Shire
DIVISION:	Office of the CEO
FILE REFERENCE:	F160233
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
INTEREST:	Nil
DATE OF REPORT:	16 October 2017

BACKGROUND:

On the 22 October 2015, Councillor Bavich was elected as Deputy Shire President for a period of two years ending on the third Saturday in October 2017.

The Council is to now elect a Deputy President from among its members for a two year term ending on the third Saturday in October 2019.

CONSULTATION:

Nil.

COMMENT (Includes Options):

If there is more than one nomination, an election (by secret ballot) will be conducted.

STATUTORY ENVIRONMENT:

Local Government Act 1995

The Local Government (Constitution) Regulations require the application of first past the post voting system to the election of the Deputy Shire President.

POLICY / STRATEGIC IMPLICATIONS:

Nil

FINANCIAL IMPLICATIONS:

The 2017/18 budget allows for expenses of the Deputy Shire President.

SUSTAINABILITY:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: Simple Majority By Secret Ballot

Councillor Clifford Winfield was duly elected Deputy Shire President for a period of 2 years ending 18 October 2019 and sworn in by Andrew Campbell, Chief Executive Officer.

The newly elected Shire President, Cr Paul Omodei, then assumed the Chair and conducted the balance of the meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received one declaration of Impartiality from Cr Omodei for Item 9.13.3.

Cr Omodei declared an Impartiality Interest in Item 9.13.3 as the tenderer is his nephew.

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.

· Item 5.2.3 in the 5 October 2017 Minutes, that is not what I said at that meeting.

· I wanted to know which items in the Windy Harbour Management Plan 2007 – 2017 had not been finalised.

The Shire President responded: We will take that on notice and you will receive a response in the next Council Agenda.

· The Informal Meeting was difficult to hear and there were too many interruptions.

· Gents toilets need attention.

5.2.2 Mary Nixon – Item 9.5.3 Proposed Change of Use - 'Laundromat' to 'Cafe' at Lot 808 (94-96) Giblett Street, Manjimup.

· Congratulations to all the new Councillors and congratulations to the newly elected Shire President and Deputy Shire President.

· The large response of voters shows the interest of the community in the Shire.

· I ask that the Shire adheres to Local Planning Scheme as it relates to parking in the CBD.

· According to the report 9 5 3, Financial Considerations are nil, however parking is difficult to find during the week due to staff and business owners using main street parking all day. This should be policed.

· Tall Timbers has been opened without more parking made available.

· Vinnies is one of the busiest businesses in town and they have extended their opening hours to accommodate this increase. They have a large number of volunteers and they tend to park in Giblett Street, to the detriment of potential shoppers.

· There are no parking bays outside Karamfiles Builders and Papernapkin and parking is further reduced by the verge projections to the east side of the street putting more pressure on parking.

· Mention is made of Johnson Crescent and development of Johnson Crescent as a two way street through to Woolworths and Manjin Park. Retailers and business owners in the CBD need to consulted about these changes and the impact on their businesses.

5.2.3 Ian Pianta - Item 9.5.3 Proposed Change of Use - 'Laundromat' to 'Cafe' at Lot 808 (94-96) Giblett Street, Manjimup.

· Exciting times in Manjimup and it has a lot to offer people like myself who want to bring vibrant businesses to town and bring lots of people to town.

· I understand Mary Nixon’s comments regarding parking.

· If we can get these businesses full and lots of people around then the town will be better for it.

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: Bavich, D Seconded: Taylor, R

27189

That the Minutes of the Ordinary Meeting of the Council held on 5 October 2017 be confirmed.

CARRIED: 11/0

8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:

8.1 Notice of Motion (Cr DeCampo) "That Council Reconsider the Decision Not To Go Ahead With an RV Friendly Area In Manjimup"

PROPONENT	Councillor Wade DeCampo
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup Town Site
WARD:	Central
ZONE:	Various
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160962
LEGISLATION:	Local Government Act 1995, Caravan Parks and Camping Grounds Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	9/10/2017
DECLARATION OF INTEREST:	Nil

Background:

At the Council meeting 5 October 2017, Councillor Wade DeCampo advised the following Notice of Motion for consideration at the Council meeting to be held on 26 October 2017:

“That Council reconsiders the decision not to go ahead with an RV area in Manjimup”

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Notice of Motion from Cr DeCampo was initially unclear in that the only decision of Council relating to consideration of a recreational vehicle area in Manjimup was from the Council meeting on 10 November 2016 where Council resolved:

Moved: Jenkins, D Seconded: Taylor, R

26861

That Council not approve construction of the Overnight Vehicle Stay at Lot 443 Wetherell Street, Manjimup, as shown in Attachment: 9.13.2(1).

MOTION carried 9/1

FOR	AGAINST
Cr D Bavich	Cr D Tapley
Cr L Daubney
Cr W DeCampo
Cr V Herbert
Cr D Jenkins
Cr C Logan
Cr G Munro
Cr P Omodei
Cr R Taylor

Reasons:

· Have Caravan Parks.

· Not answer to backpackers.

· Take it off the table.

The resolution of Council related exclusively to an Overnight Vehicle Stay at Lot 443 Wetherell Street, Manjimup and not generally to any decision to not go ahead with a recreational vehicle area in Manjimup.

Clarification from Cr DeCampo was sought in relation to the motion and the intent of the motion was to bring the consideration of a recreational vehicle area in Manjimup back to Council. On this basis, Cr DeCampo amended the Notice of Motion on 9 October 2017 to now read:

“That Council considers an option of providing a recreational vehicle (RV) area in the Manjimup Town Centre and requests the Chief Executive Officer to bring a report back to Council for further consideration.”

STATUTORY ENVIRONMENT:

Local Government Act 1995 and Caravan Parks and Camping Grounds Act 1995. The Shire of Manjimup Standing Orders Local Laws 2013 prescribe the process for a Notice of Motion from Councillors.

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Councillor Wade DeCampo:

That Council considers an option of providing a recreational vehicle (RV) area in the Manjimup Town Centre and requests the Chief Executive Officer to bring a report back to Council for further consideration.

This motion lapsed as Councillor DeCampo is no longer a Councillor as of the Elections held on the 21 October 2017.

9. COUNCIL OFFICERS’ REPORTS:

Moved: Salomone, J Seconded: Eiby, W

27190

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 116 of the Agenda with the exception of:

CARRIED: 11/0

9.15.1	Airfield Management Committee - Review Terms of Reference and Appointments
9.15.2	Local Emergency Management Committee - Review Terms of Reference and Appointments.
9.15.3	Northcliffe Forest Park Management Committee - Review Terms of Reference and Appointments.
9.15.4	Northcliffe Town Hall Management Committee - Review Terms of Reference and Appointments.
9.15.5	Manjimup Agricultural Expansion Project Management Committee - Review Terms of Reference and Appointments
9.16.1	Access and Inclusion Advisory Committee - Review Terms of Reference and Appointments
9.16.2	Audit Committee - Review Terms of Reference and Appointments
9.16.3	Bush Fire Advisory Committee - Review Terms of Reference and Appointments
9.16.4	Chief Executive Officer Review Advisory Committee - Review Terms of Reference and Appointments.
9.16.5	Manjimup Recreation Advisory Committee - Review Terms of Reference and Appointments.
9.16.6	Manjimup Timber and Heritage Advisory Committee - Review Terms of Reference and Appointments
9.16.7	Manjimup Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments.
9.16.8	Northcliffe Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments
9.16.9	Pemberton Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments
9.16.10	Plant Replacement Committee - Review Terms of Reference and Appointments
9.16.11	Walpole Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments
9.16.12	Nomination of Persons to Represent Council on External Committees and Other Bodies.

Items passed by En Bloc Resolution

9.1.1 July - September 2017 Quarterly Report - Office of the CEO

9.2.1 Proposed Council Meeting Dates for 2018

9.3.1 Proposed Windy Harbour Lease Transfer - Site 82

9.3.2 Monthly Financial Activity Statement - August 2017

9.3.3 Council Financial Payments August 2017

9.5.1 Proposed Retrospective Development Approval for Unauthorised Outbuilding at Lot 38 (40) Barronhurst Court, Pemberton

9.5.2 Proposed Retrospective Application for a Change of Use - 'Outbuilding' to a 'Dwelling' on Lot 13 (64) Karri Lane, Quinninup

9.5.3 Proposed Change of Use - 'Laundromat' to 'Cafe' at Lot 808 (94-96) Giblett Street, Manjimup

9.5.4 Proposed Retrospective Approval - Formalisation of Use 'Unauthorised Outbuilding' to a 'Dwelling - Single' on Lot 13 Dingup Road, Dingup

9.5.5 Change of Use - 'Dwelling' to 'Holiday House' at Lot 43 (20) Red Tingle Drive, Walpole

9.5.6 Proposed Replica Agricultural Shed and Barbeque Shelter at Lot 628, 629 and 741 Edwards Street, Manjimup (Manjimup Timber and Heritage Park)

9.5.7 Proposed Retrospective Application for a Residential Building At Lot 11555 (16) Kennedy Street, Pemberton

9.13.1 Quarterly Report July- September 2017 Works and Services Directorate

9.13.2 Consideration of Tender RFT 03/17 Supply of Gravel Panel

9.13.3 Consideration of Tender RFT 02/17 Mowing and Maintenance Walpole

9.16.13 Minutes of Walpole Town Centre Revitalisation Committee Meeting held on 3 October 2017

9.2.1 Proposed Council Meeting Dates for 2018

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:
WARD:	Whole of Shire
ZONE:
DIRECTORATE:	Business Directorate
FILE REFERENCE:	CNL 19/2
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	9/10/2017
DECLARATION OF INTEREST:	Nil

Background:

In accordance with past practice and to conform to the advertising requirements of the Local Government Act 1995, Council is required to determine dates for the Ordinary Council Meetings to be held in 2018.

The Shire of Manjimup Council meetings have been held on Thursday evenings over a three week cycle since June 2008.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Council meeting cycle

The proposed Council meeting dates for 2018, based on a three week meeting cycle are shown in the table below.

Council Meeting Dates for 2018		Location
Thursday	18 January	Manjimup
Thursday	8 February	Manjimup
Thursday	1 March	Manjimup
Thursday	22 March	Walpole
Thursday	12 April	Manjimup
Thursday	3 May	Manjimup
Thursday	24 May	Manjimup
Thursday	14 June	Pemberton
Thursday	5 July	Manjimup
Thursday	26 July	Manjimup
Thursday	16 August	Manjimup
Thursday	6 September	Northcliffe
Thursday	27 September	Manjimup
Thursday	18 October	Manjimup
Thursday	8 November	Manjimup
Thursday	6 December	Manjimup

There is a four week gap between Council meetings to be held on 8 November 2018 and 6 December 2018 otherwise the last Council meeting would be too late in December.

STATUTORY ENVIRONMENT:

In accordance with the Local Government Act 1995, Council is required to formally adopt and advertise the meeting schedule for the year. Section 5.3 of the Local Government Act requires Council to hold ordinary meetings not more than three months apart.

Policy / Strategic Implications:

The meeting frequency is consistent with Council Policy 1.1.1 Council Meeting System. The holding of Council meetings in each town at least once a year is supported in the Shire of Manjimup’s Corporate Business Plan.

Organisational risk management:

Nil

Financial Implications:

No new financial implications will be incurred.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The practice of holding Council meetings in the outer towns affords all residents the opportunity to conveniently engage with their Councillors and allows Councillors greater appreciation of issues and attributes of those wards.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the following Council meeting date schedule for 2018 including outer town meetings.

Council Meeting Dates for 2018		Location
Thursday	18 January	Manjimup
Thursday	8 February	Manjimup
Thursday	1 March	Manjimup
Thursday	22 March	Walpole
Thursday	12 April	Manjimup
Thursday	3 May	Manjimup
Thursday	24 May	Manjimup
Thursday	14 June	Pemberton
Thursday	5 July	Manjimup
Thursday	26 July	Manjimup
Thursday	16 August	Manjimup
Thursday	6 September	Northcliffe
Thursday	27 September	Manjimup
Thursday	18 October	Manjimup
Thursday	8 November	Manjimup
Thursday	6 December	Manjimup

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27192

That Council adopt the following Council meeting date schedule for 2018 including outer town meetings.

Council Meeting Dates for 2018		Location
Thursday	18 January	Manjimup
Thursday	8 February	Manjimup
Thursday	1 March	Manjimup
Thursday	22 March	Walpole
Thursday	12 April	Manjimup
Thursday	3 May	Manjimup
Thursday	24 May	Manjimup
Thursday	14 June	Pemberton
Thursday	5 July	Manjimup
Thursday	26 July	Manjimup
Thursday	16 August	Manjimup
Thursday	6 September	Northcliffe
Thursday	27 September	Manjimup
Thursday	18 October	Manjimup
Thursday	8 November	Manjimup
Thursday	6 December	Manjimup

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.3.3 Council Financial Payments August 2017

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F1600967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	13/10/2017
DECLARATION OF INTEREST:	Nil

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.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $1,868,476.28 for the month of August 2017 are itemised in the attachment and in the Corporate Card Statement listed below.

ATTACHMENT: 9.3.3(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 26 October 2017.

Fund	Vouchers	Amount
Municipal	90366 – 90447	$227,987.72
Trust Fund	3084 – 3087	$2,494.00
Total Cheques for Month of August 2017		$230,481.72

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 26 October 2017.

Fund	Batch	Amount
Municipal	294 - 300	$1,628,837.28
Total EFT for Month of August 2017		$1,628,837.28

Corporate Credit Card August 2017 – Municipal Account

20027.198.52	Local Government Managers East Perth Registration – Finance Professionals Network		$97.00
Various	Westnet Internet Services August 2017		$749.54
20221.197.57	Dome Bunbury ESL Review meeting lunch CESM & DB		$44.00
69.4999.7300.50	Nitro PDF Nitro PDF x35 Annual Renewal		$1,532.12
20276.7.58	Card Fee		$18.25
20276.7.58	Card Fee		$18.25
20410.198.52	All Occasions Group PT Thebarton Registration – MW IPWEA Internation Public Works Conference		$2,114.60
20026.29.58	Taxi Epay Australia LG Week Taxi Fare		$12.62
20026.29.58	Perth Caffe Italia East Perth LG Week dinner		$937.90
20026.29.58	Isle of Voyage LG Week dinner (less deposit)		$302.30
20049.197.57	Two Little Black Birds Café SMT Meeting meal ST:6		$113.00
180.9532.5.57	DWER – Water Clearing permit NTH Walpole Road		$200.00
180.9529.10.57	SWER – Water Clearing Permit – Richardson Road		$200.00
20276.7.58	Card Fee		$18.25
66.4999.7300.57	ADOBE Creative Cloud Creative Cloud monthly subscription		$52.10
66.4999.3240.57	Pemberton Fine Woodcraft Gallery PL Top tourism town finalist judging - lunch		$250.00
66.4999.3240.57	Millhouse Tea Rooms Top Tourism town finals judging - Refreshments		$47.50
20031.198.52 20219.029.52	My Place Colonial Albany Deposit 2x nights’ accommodation DCS & CAO		$189.00
20031.198.52 20219.029.52	Paypal *TourismCouncil Registration Tourism Conference DCS & CAO		$910.00
66.4999.2010.57	STK*Shutterstock.com Marketing photos Sunday escape promo		$50.47
20030.813.58	Chicken Treat Manjimup Council Meal		$149.22
85.4220.7328.57	WEX Australia Groceries for MRAC Café		$41.23
20276.7.58	Card fee		$18.25
20047.81.52	City of Perth Parking Meeting DLG & PPR consult		$9.17
20047.81.52	The Crooked Carrot Meeting DLG & PPR refreshments ST:2 NS:1		$12.00
20047.81.52	Max and Sons Meeting DLG & PPR consult meal ST:2 NS:1		$22.50
20047.81.52	Raine Square Perth Meeting DLG & PPR consult parking		$25.00
20047.81.52	Jamie Oliver Restaurant Perth Meeting DLG & PPR consult meal ST:2 NS:1		$120.70
20026.29.58	EZI*IsleOfVoyageEliz Perth Deposit – Restaurant booking 4/8/17 meals for LG Week		$230.00
20252.298.58	Tall Timbers WBAC Meeting meal ST:1 NS:9		$502.80
20026.29.58	SFS PCEC Perth LG Week Meal/Refreshments CEO & Pres		$29.00
20026.29.58	The Crooked Carrot Myalup LG Week Meal/Refreshments CEO & Pres		$13.00
86.4999.6405.50	ADOBE Creative Cloud CS7 Suite to Design Docs - PRO		$74.76
20049.197.57	Thurlby Herb Farm Walpole councillor meeting refreshment/meal ST:1 NS:1		$34.50
20276.7.58	Card Fee		$18.25
Total Credit Card Payments			$9,157.28
Total Payments for the month August 2017		$1,868,476.28

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations

(12) and (13).

Policy / Strategic Implications:

Nil

Organisational risk management:

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 August 2017 totalling $1,868,476.28 as detailed in Corporate Card Statement and Attachment: 9.3.3(1).

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27195

That Council receive the accounts paid during August 2017 totalling $1,868,476.28 as detailed in Corporate Card Statement and Attachment: 9.3.3(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.1 Proposed Retrospective Development Approval for Unauthorised Outbuilding at Lot 38 (40) Barronhurst Court, Pemberton

PROPONENT	Jasbre Pty Ltd
OWNER	Mr GS & Mrs VR Barnsby
LOCATION / ADDRESS:	Lot 38 (40) Barronhurst Court, Pemberton
WARD:	West
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/191; P50813
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	20 September 2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a retrospective development application for an ‘Unauthorised Outbuilding’ at Lot 38 (40) Barronhurst Court, Pemberton. Site and development plans are attached.

ATTACHMENT: 9.5.1(1)

Location Plan

The subject lot has an area of 2.01 ha and is zoned Rural Residential by the Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The proposed development will be assessed against the planning precinct provisions relating to Brown’s Road within the Scheme.

It was noted by Shire employees during the assessment of a building application for the subject building that that the frame was already constructed. This unapproved extension was noted during a review of the aerial photography of the property, which clearly showed partial construction of the outbuilding extension. Shire officers then contacted the applicant and advised the application was now considered retrospective in nature. This was due to the unauthorised building works being undertaken by the landowner prior to seeking the necessary development and building approvals from the local government.

The applicant is requesting retrospective approval for the construction of a 9m by 7.5m (67.5m²) extension to the existing approved domestic outbuilding. The steel framework of the building has been erected but has not been clad to date. The existing outbuilding was approved and constructed in 1995 and is currently being used for storage. The cladding to the building is proposed to be steel sheeting Colorbond® - Heritage Red™ in colour.

The application is being referred to Council for determination as Council staff do not have the delegated authority to determine an application for retrospective development approval.

PUBLIC Consultation Undertaken:

The application was advertised for a 14 day period in accordance with clause 9.6 of the Scheme. Council records indicate that the letter was sent from the Shire office on 21 September 2017 with submission period closing 5 October 2017. No submissions were received within this time.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No.4 (the Scheme) include the subject land within the Rural Residential Zone. To assist Council in determining this application, the following comments are offered:

Unauthorised Existing Development

Clause 8.6 of the Scheme allows the local government to grant planning approval for a use or development already commenced or carried out regardless of the date; if the development conforms to the provisions of the Scheme.

As stated the landowner has already partially undertaken the unauthorised works and is now formalising the works by way of a development application.

Compliance with Planning Precinct

Schedule 8 – Planning Precinct Statements and Part 3 of the Scheme that relates to Brown’s Road Estate outlines the development provisions within the Planning Precinct. With the exception of the fact that the prior approval was not sought or granted, the unapproved outbuilding is compliant with these provisions.

Compliance with Policy

The application was assessed against the Shire of Manjimup Local Planning Policy 6.1.3 Domestic Outbuildings (the Policy). Despite the commencement of the extension works without approval the application is compliant with the Policy

Impact on Amenity

Given that the unapproved development was commenced a short time ago and is located within the approved building envelope, and concealed from Barronhurst Court by way of being at the end of a cul-de-sac and screened by vegetation, the current impact on the locality’s amenity has been minimal. Shire officers are satisfied, the development will have no greater impact on the amenity that it already has.

Conclusion

Given the proposal is not expected to impact on the amenity of the area and conforms to the provisions of the Scheme and that the adjoining landowner did not offer any objections to the proposal, Shire officers recommend retrospective approval be granted subject to the conditions and advice described in the Officer Recommendation below.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Local Planning Policy LPS4 6.1.3 – Domestic Outbuildings.

Organisational risk management:

Nil.

Financial Implications:

The required retrospective development fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

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 development approval to the unauthorised extension to an Domestic Outbuilding at Lot 38 (40) Barronhurst Court, Pemberton (Application TP179/2017) and attached at 9.5.1(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 Shire of Manjimup;

b) The proposed development shall be clad or coloured to complement either the surroundings in which it is located or adjoining developments to the satisfaction of the Shire of Manjimup but the use of reflective materials and colours is not permitted.

c) The approved outbuilding is to be used solely for purposes incidental and ancillary to the enjoyment of the dwelling as the approved use of the property.

2. Advises the applicant that:

a) A Building Approval Certificate must be formally applied for and approved for the partially completed extension of the Domestic Outbuilding; and

b) A Building Permit must be formally applied for and obtained to complete the Domestic Outbuilding.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27196

That Council:

c) The approved outbuilding is to be used solely for purposes incidental and ancillary to the enjoyment of the dwelling as the approved use of the property.

2. Advises the applicant that:

a) A Building Approval Certificate must be formally applied for and approved for the partially completed extension of the Domestic Outbuilding; and

b) A Building Permit must be formally applied for and obtained to complete the Domestic Outbuilding.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.2 Proposed Retrospective Application for a Change of Use - 'Outbuilding' to a 'Dwelling' on Lot 13 (64) Karri Lane, Quinninup

PROPONENT	Tecon WA Pty Ltd
OWNER	Mr I P Grantham
LOCATION / ADDRESS:	Lot 13 (64) Karri Lane, Quinninup
WARD:	East
ZONE:	Residential R2.5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/186; P50044
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	2 October 2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a retrospective development application for a Change of Use – ‘Outbuilding’ to a ‘Dwelling’ at Lot 13 (64) Karri Lane, Quinninup. Site and development plans are attached.

ATTACHMENT: 9.5.2(1)

Location Plan

The subject site is 3,188m² in area and is zoned Residential by the Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The proposed development will be assessed against the planning precinct provisions relating to Karri Lakes Estate within the Scheme.

The use of the domestic outbuilding as a dwelling without the appropriate approvals in place was brought to the attention of Shire employees by a local Quinninup community group. The landowner was then contacted and requested to make application to the Shire to attempt the formalisation of the use of the outbuilding as a dwelling.

The retrospective application is requesting a change of use of a 110m² Domestic Outbuilding on site to a Dwelling – Single. The landowner originally constructed the outbuilding in 2009 for use as a storage shed.

The applicant has subsequently undertaken unauthorised internal works by adding a bedroom, bathroom/laundry and kitchen to the building. The outbuilding is of steel frame construction clad with coloured steel sheeting.

The application has been referred to Council for determination as Council staff do not have the delegated authority to determine an application for retrospective approval.

PUBLIC Consultation Undertaken:

The application was advertised for a 14 day period in accordance with clause 9.6 of the Scheme. Council records indicate that the letters were sent from the Shire on 5 September 2017 with submissions closing 19 September 2017. No submissions were received.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No.4 (the Scheme) include the subject land within the Residential Zone with an applicable density of R2.5. To assist Council in determining this application, the following comments are offered:

Unauthorised Existing Development

Clause 8.6 of the Scheme allows the local government to grant planning approval for a use or development already commenced or carried out regardless of the date; if it conforms to the provisions of the Scheme.

As stated the landowner has already undertaken the unauthorised works and is now formalising the works by way of a development application.

Compliance with Planning Precinct

Schedule 8 - Planning Precinct Statements and part 5 of the Scheme that relates Quinninup (Karri Lakes) outlines the development provisions within the Planning Precinct. With the exception of the fact that prior approval was not sought or granted, the unapproved Dwelling-Single is compliant with these provisions.

Impact on Amenity

Given that the unapproved development has existed for a number of years and is located within the approved building envelope, and concealed by remnant vegetation that is present on the property, the current impact on the locality’s amenity has been minimal. Shire officers are satisfied the development will have no greater impact on the amenity that it already has.

Bushfire Prone Area

The property is located within an area declared as ‘bushfire prone’ by the Department of Fire and Emergency Services, and therefore subject to the provisions of State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP 3.7). The intent of SPP 3.7 is to implement effective, risk-based land use planning and development to preserve life and reduce the impact of bushfire on property and infrastructure.

The applicant has undertaken a Bushfire Attack Level (BAL) Assessment which achieved a BAL-29 rating, which is consistent with the Policy Measures provided at section 6 of SPP 3.7 and demonstrates the proposed retrospective change of use can proceed without increasing the bush fire risk in the area subject to the building being brought up to meet the provisions of AS 3959 through the building approval process.

Non-Planning Requirements

Onsite Sewerage Disposal

The Shire has no record of an approved on-site sewerage disposal system for the property. Shire officers recommend that an advice note be included on any approval issued by Council, requiring that the proponent install an onsite effluent disposal system that is acceptable to both the Department of Health and the Shire of Manjimup.

In addition to this, an advice note will be attached relaying the need for the proponents to comply with the Health (Miscellaneous Provisions) Act 1911 on any approval issued by Council.

Conclusion

Given the proposal is not expected to impact on the amenity of the area and conforms to the provisions of the Scheme, Shire officers recommend retrospective approval be granted subject to the conditions and advice described in the Officer Recommendation below.

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:

The required retrospective development fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

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 development approval to the Change of Use – ‘Domestic Outbuilding’ to ‘Dwelling – Single’ on Lot 13 (64) Karri Lane, Quinninup (TP173/2017) and attached at 9.5.2(1) and subject to the following conditions:

b) The Dwelling-Single is to meet the construction requirements of Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup.

2. Advises the applicant that:

a) This development approval is NOT a building approval. A Building Approval Certificate application for the dwelling must be formally presented to and approved by Building Services to formalise the development.

b) The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 1911 and the Building Act 2011.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27197

That Council:

b) The Dwelling-Single is to meet the construction requirements of Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup.

2. Advises the applicant that:

b) The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 1911 and the Building Act 2011.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.3 Proposed Change of Use - 'Laundromat' to 'Cafe' at Lot 808 (94-96) Giblett Street, Manjimup

PROPONENT	IR Pianta
OWNER	IG & TA Armstrong & EP Fallens
LOCATION / ADDRESS:	Lot 808 (94-96) Giblett Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/182, P56348
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	5/10/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for a Change of Use, from a “Laundromat” to a ‘Café’ at Lot 808 (94-96) Giblett Street, Manjimup. Location, site and development plans are attached.

ATTACHMENT: 9.5.3(1)

Location Plan

The application, as assessed against Shire of Manjimup Local Planning Scheme No.4 (the Scheme) proposes to convert the former laundromat section of the building to a café able to service 20 patrons at any one time. The interior of the building will be redesigned to accommodate coffee roastery equipment, a 20m² office, a service counter and cake fridge, as well as a food preparation area. A mixture of seating styles will accommodate patronage within a 60m²seating area.

Externally, the proponent will construct a new 36m² ablutions and storage area at the rear of the premises. A pedestrian access leg will allow rear access to the building. The façade of the building to Giblett Street is to be redesigned as depicted in the photograph attached.

ATTACHMENT: 9.5.3(2)

Council is requested to determine the application for this proposed development. In order to facilitate the proposed use, Council is requested to consider varying the standard car 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. One submission was received and will be discussed in the comment section of the report. A copy of the submission is attached.

ATTACHMENT: 9.5.3(3)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) 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 “café” which the Scheme 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.

The application has been assessed against Clauses 4.2 and 5.32, and Clause 2.1.1 of Schedule 8 of the Scheme. The application meets Zone and Precinct requirements. The other aspects as outlined above, as well as the submission from the adjoining neighbour, 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 the Scheme. 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

Parking requirements have been calculated in accordance with Table 2 of clause 5.17 of the Scheme, confirming a minimum of 5 bays are required to service the development. During the building’s previous operation as a laundromat, 4 bays were afforded to the premises.

The proponent has indicated that the car parking to service the development will be constructed behind the premises, and has verbally advised that it would be in the interests of the Shire, themselves and Tall Timbers to construct the additional parking at the same time road works are undertaken to connect Johnson Crescent with the established roadways in Manjin Park. Shire Officers recommend that conditions and advice requiring the construction of the additional car parking be included on any approval issued by Council.

Landscaping

The Scheme requires that a minimum 5% of the site be landscaped. Whilst the proponent has verbally indicated that they intend to landscape the rear of the premises at a future time, the imposition of a condition meeting this Scheme requirement is considered onerous in this instance. The opinion of the author of this report that waiving this requirement is on the basis that the building already exists, and that the existing frontage has already been developed to the street. Given the above, a note will be included within the Officer Recommendation that this Scheme requirement be waived in light of the current state of development.

Heritage

The application provides for the modification of the façade of the building to Giblett Street. The property is listed within Council’s adopted Municipal Heritage Inventory as a Category ‘B’ place. The repainting of the facade is to be done in accordance with an ‘art deco’ colour palette used on other premises in the CBD. The door to the building will also be changed to recessed wooden double doors. The Shire’s Regional Heritage Advisor advised that the changes to the façade are not detrimental to the preservation of the ‘art deco’ styling of the building.

Environmental Health Requirements

The development will be required to register as a food business with the Shire. Advice to that effect will be included on any approval issued by Council.

Building Requirements

As the proposed new use of the building will change the existing classification of the building from what would have been a Class 8 building to a Class 6 building a certified building permit application will be required. This application will deal with the specific requirements prescribed by the Building Code relating to the provision of disabled access, toilets, fire safety measures etc.

Submission

The adjoining landowner at Lot 2 Giblett Street provided a submission, as summarised in the table below. Whilst not objecting to the proposal, the landowner of Lot 2 shares the following concerns with Council:

	Submission Comment	Officer Comment	Officer Recommendation
1.	Thanks Council for the opportunity to comment.	Nil.	Noted.
2.	Have the proponents made provision for car parking bays or making a payment to the Council ‘in lieu’?	The proponents are aware and have verbally agreed to construct the necessary car parking bays as determined by Council.	Upheld. A condition requiring the construction of additional bays will be included in the recommendation below.
3.	States that Tall Timbers and Subway have not had to provide parking.	Subway’s parking requirements are deemed compliant with the Scheme. Subsequent to the issuance of development approval by Council in 2012, arrangements have been made with the owners of Tall Timbers to construct additional car parking to the south-east of the property and programmed as part of the Manjimup Town Centre Revitalisation works, at the landowners cost.	Not considered a relevant consideration in light of this proposal.
4.	Concerned that due to the increase in food outlets with high parking demand, the northern part of Giblett Street will be deficient in available carparking.	Refer to Point 2 above.	Noted. Once approved, the new parking local laws will assist in the regulation of the parking in all parts of the Manjimup CBD.
5.	Concerned as to whether the proposed number of patrons (20) will be policed.	Shire Officers conduct Food Premise inspections, by Council’s Environmental Health section to ensure that the business meets its legislative obligations.	Upheld. Advice to the proponents requiring compliance with all necessary statutory requirements is recommended.

The concerns of the landowner at Lot 2 Giblett Street are considered to have been suitably addressed by the conditions and advice recommended on approval by Council as discussed above.

Future Intensification of Development

The proponent has verbally discussed with Shire officers that they may increase the patron numbers in the future. Given this statement, Shire officers recommend that Council include advice to the proponent that any future increase in patronage will be subject to a fresh development approval, and is likely include a requirement to increase the number of car parking bays, constructed at the proponent’s cost, that will be used to service the business.

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, environmental, agricultural, and trails tourism destination.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Approval of the proposal by Council will result in increased economic activity and additional employment in Manjimup.

Social: The concerns of the adjoining neighbour 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 Part 10 of the Shire of Manjimup Local Planning Scheme No.4 grants development approval for the Change of Use – Laundromat to Café (TP169/2017) at Lot 808 (94-96) Giblett Street, Manjimup in accordance with the plans and details submitted at 9.5.3(1) and subject to the following conditions:

b) Provision shall be made for 1 additional car parking space at the rear of the site, to be constructed at the proponents cost and at a time as agreed with the Shire of Manjimup, and shall be laid out and constructed, drained and lined out and shall thereafter, be permanently maintained for that purpose to the satisfaction of the Shire of Manjimup.

2. Advises the Proponent:

a) That any future intensification of the Café as approved is subject to further development approval and will likely result in the requirement to construct more off-site car parking bays in Council’s road reserve to accommodate patronage in accordance with the requirements of Council’s adopted Local Planning Scheme, or a ‘cash-in-lieu’ payment being made.

b) That this development approval is NOT a building permit. A certified building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.

c) To contact the Shire’s Environmental Health Services to determine the requirements for compliance with the Health (Miscellaneous Provisions) Act 2011 and Food Act 2008.

3. Acknowledge that 4 car parking bays in Giblett Street are allocated to service the Café premises.

4. Notes the exercise in discretion in accordance with clause 5.5 of Shire of Manjimup Local Planning Scheme No.4 for the waiver of the requirement for 5% landscaping of the development site, on the basis that the frontage to Giblett Street is already developed.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27198

That Council:

2. Advises the Proponent:

c) To contact the Shire’s Environmental Health Services to determine the requirements for compliance with the Health (Miscellaneous Provisions) Act 2011 and Food Act 2008.

3. Acknowledge that 4 car parking bays in Giblett Street are allocated to service the Café premises.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.4 Proposed Retrospective Approval - Formalisation of Use 'Unauthorised Outbuilding' to a 'Dwelling - Single' on Lot 13 Dingup Road, Dingup

PROPONENT	Mr R G Neilson
OWNER	Mr R G Neilson
LOCATION / ADDRESS:	Lot 13 Dingup Road, Dingup
WARD:	East
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/201; P56974
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	5/10/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a retrospective development approval for the formalisation of an unauthorised outbuilding into a Dwelling – Single at Lot 13 Dingup Road, Dingup. Site and development plans are attached.

ATTACHMENT: 9.5.4(1)

Location Plan

The subject site is 2.02 ha in area and is zoned Rural Residential by the Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The proposed development will be assessed against the provisions relating to Rural Residential within the Scheme.

The unapproved building came to the attention of Shire employees after it was noticed during a review of the aerial photography in the area that a structure was in place on the property without any Shire approval. A review of Shire records confirmed no approvals had been sought. Subsequently, the landowner was contacted and confirmed that he was using the building as a dwelling and has since being assisting Shire officers in obtaining the requisite approvals.

The application is requesting the formalisation of an 156m² unapproved outbuilding on site to a Dwelling – Single. The landowner originally constructed the outbuilding in 2006 for use as a storage shed and is setback 45m from the adjoining State Forest.

The applicant has subsequently undertaken additional unauthorised internal works by adding a bedroom, kitchen/lounge area, bathroom/laundry to the outbuilding as well as part of it still being used as a carport. The applicant has also added a patio to the outbuilding. The outbuilding is a typical steel frame and steel sheet cladding construction. It is unknown as to when the outbuilding was converted into a Dwelling-Single.

The application has been referred to Council for determination as Council staff do not have delegated authority to determine an application for retrospective approval.

PUBLIC Consultation Undertaken:

The application was advertised for a 21 day period in accordance with clause 9.6 of the Scheme. A letter was sent to Department of Biodiversity, Conservation and Attractions (DBCA) from the Shire on 19 September 2017 with the submissions closing 10 October 2017.

One submission was received during this period and will be discussed in the Comment section below. A copy of the submission is attached.

ATTACHMENT: 9.5.4(2)

COMMENT (Includes Options):

The provisions of the Local Planning Scheme No.4 include the subject land within the Rural Residential Zone. The objective of this zone is to provide for low density residential development in a rural setting consistent and compatible with adjacent land use activity, landscape and the environmental attributes of the land.

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

Unauthorised Existing Development

As stated the landowner has already undertaken the unauthorised works and is now formalising the works, beginning by way of submission of a retrospective development application for Council’s consideration. Should Council determine to approve the application, the applicant will subsequently need to obtain approvals from Building and Environmental Health Services to comply with the relevant legislation.

Zoning Requirement

Clause 5.36.3 of the Scheme outlines the development provisions in the Rural Residential Zone. With the exception of the fact that prior approval was not sought or granted, the unapproved Dwelling – Single is compliant with these provisions.

Impact on Amenity

Given the unapproved development has existed for some time, is located within the approved building envelope, there is minimal remnant vegetation on the subject property and the landowner has planted an orchard on the property, the current impact on the locality’s amenity is considered to be minimal. Shire officers are satisfied, provided appropriate approvals are sought and obtained by the proponent, the development will have no greater impact on the amenity that it already has.

Bushfire Prone Area

The property is located within an area declared as ‘bushfire prone’ by the Minister of Fire and Emergency Services. The applicant has undertaken a Bushfire Attack Level (BAL) Assessment which achieved a BAL 12.5 which is primarily concerned with protection from ember attack and radiant heat. This BAL Assessment is deemed compliant with the requirements of State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP 3.7) which permits development to occur on properties assessed as BAL-29 or lower.

Water Requirements

Clause 5.24 of the Scheme requires where development cannot be connected to a reticulated mains water supply, dwellings shall be provided with sufficient roof catchment or other water supply methods acceptable to the local government.

Should the landowner elect to use a rain water catchment tank, the minimum capacity is to be 120,000 litres. Where the water is also required for firefighting purposes, an additional 15,000 litres is required for firefighting increasing the capacity to a minimum of 135,000 litres. If this is the case, a 50mm gate valve will need to be attached to the tank compatible with fire service equipment.

The provision of a suitable water supply will be conditioned on any approval issued by Council, with the rain water tank requirements provided as advice to the applicant.

Non-Planning Requirements

Building Approval Requirements

The Shire’s Building Services section have advised the proponents that a Building Approval Certificate (BAC) is required, and that they will need to engage the services of a private Building Surveyor to help them through the process of obtaining a BAC to ensure that the structure meets the requirements of the Building Code of Australia. This requirement will be attached as an advice note on any approval issued by Council.

Submission Received

A submission has been received from DBCA who have made comment that they support a 100m combined building protection and hazard separation zone between buildings and areas of extreme bushfire hazard. It is noted that the unauthorised development is already located within 100m of the adjacent State Forest.

However, DBCA also state that they expect that the building is to be compliant with the requirements of the Western Australian Planning Commission’s Guidelines for Planning in Bushfire Prone Areas Version 1.2 (the Guidelines). Given that the BAL Assessment provided by the applicant has returned a BAL rating of 12.5, and is compliant with the requirements of SPP 3.7, the unauthorised development is considered consistent with the advice provided in the Guidelines.

In light of the above, Shire Officers support the reduced setback on the basis that a level of construction compliant with the requirements of SPP 3.7 and the Guidelines can be achieved, and the bushfire risk to the unauthorised building can be managed.

Conclusion

Given the proposal is not expected to impact on the amenity of the area and conforms to the provisions of the Scheme and SPP 3.7, Shire officers recommend retrospective approval be granted subject to the conditions and advice described in the Comment section above.

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:

The required retrospective development fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

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 development approval for the formalisation of the unapproved outbuilding to ‘Dwelling – Single’ on Lot 13 Dingup Road, Dingup as attached at 9.5.4(1) and subject to the following conditions:

b) A suitable on-site potable water supply shall be provided on the site and connected to the development be permanently maintained to the satisfaction of the Shire of Manjimup; and

c) The Dwelling-Single is to meet the construction requirements of Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas’ to the satisfaction of the Shire of Manjimup.

2. Advises the applicant that:

a) This retrospective development approval is NOT a building approval. A Building Approval Certificate application for the building must be formally presented to and approved by Building Services to formalise the development.

b) The approve development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the Building Act 2011.

c) Should a water tank be used to supply water to the dwelling, it shall contain a capacity of not less than 135,000 litres and be fitted with a gate valve to enable fire brigade appliances to access the water for firefighting purposes.

d) A building permit application is required for any water tank in excess of 5000l capacity.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27199

That Council:

b) A suitable on-site potable water supply shall be provided on the site and connected to the development be permanently maintained to the satisfaction of the Shire of Manjimup; and

c) The Dwelling-Single is to meet the construction requirements of Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas’ to the satisfaction of the Shire of Manjimup.

2. Advises the applicant that:

b) The approve development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the Building Act 2011.

d) A building permit application is required for any water tank in excess of 5000l capacity.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.5 Change of Use - 'Dwelling' to 'Holiday House' at Lot 43 (20) Red Tingle Drive, Walpole

PROPONENT	Mr NJ Slater & Ms SA Jacoumis
OWNER	Mr NJ Slater & Ms SA Jacoumis
LOCATION / ADDRESS:	Lot 43 (20) Red Tingle Drive, Walpole
WARD:	South
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/197; P52335
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	5 October 2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for a Change of Use ‘Dwelling’ to ‘Holiday House’ at Lot 43 (20) Red Tingle Drive, Walpole. The site and management details are attached.

ATTACHMENT: 9.5.5(1)

Location Plan

The subject lot has an area of 2.15ha and is zoned Rural Residential by the Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The property currently contains a dwelling, outbuilding and a free standing carport. The application is proposing the use of the existing dwelling for the purposes of a Holiday House. The proposal will utilise the existing facilities available on the property with no new construction proposed.

The key elements of the proposal are:

· The application was proposing the number of guests to be a maximum of eight (8) persons but the applicant has amended the application to six (6) persons;

· The management and cleaning of the property will be undertaken by the landowners;

· The implementation of the Emergency Evacuation Response plan as submitted;

· No signage is proposed for the Holiday House application;

· Parking is available for up to 10 cars within the driveway; and

· Bookings for the Holiday House will be undertaken through the internet.

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

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for an 18 day period to all adjoining landowners. Council records indicate that the letters were sent from the Shire office on 19 September 2017 with the submissions closing 9 October 2017.

One submission was received during this period and will be discussed in the Comment section below. A copy of the submission is attached.

ATTACHMENT: 9.5.5(2)

COMMENT (Includes Options):

The provisions of the Local Planning Scheme No.4 (the Scheme) include the subject land within the Rural Residential zone. A Holiday House is an ‘A’ use within the Rural Residential zone. That use is not permitted unless approval is sought and granted by Council following the advertising of the proposal.

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

Land Use

The proposed use is consistent with the definition of a Holiday House which means a dwelling together with its associated outbuildings that are:

· 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 including people that are members of the owner’s family but including all people where the owner is a company.

As described in the proponent’s management plan, the application is for short term accommodation to be operated on a commercial basis, and is to be operated by the current owners. The application proposes that a maximum of 6 persons will use the Holiday House at any one time.

Scheme Requirements

Consistency with Zoning

The objectives of the Rural Residential Zone are outlined in clause 4.6.2 of the Scheme. These objectives are designed to manage and conserve the amenity of rural residential locales, and to provide for low density residential development in a rural setting that is consistent with any adjacent land use activity.

The proposed Holiday House will provide the landowner with a source of income and provided the behaviour of future occupants is appropriately managed, the proposed Holiday House is not expected to have any impact upon the amenity of the surrounding area or environmental attributes of the area.

Consistency with the Holiday Houses Policy

The application has been assessed against the Local Planning Policy 6.1.5 Holiday Houses and is considered to be generally consistent with the Policy Measures of the Policy outlined below:

· The proponents have stated that they are going to be responsible for the day to day cleaning as well as disposing of any rubbish, and are located within 30 minutes of the proposal site;

· The proponent has stated that all bookings will be made via the internet and that the keys will be available through the manager or a locked key box on the property;

· The proponent has advised that the number of guests proposed to be limited to six (6) persons. The proponent has not stated whether these six people will be known to each other. Given this, it is recommended that a condition be imposed specifying that all occupants of the Holiday House are to be known to each other, to ensure compliance with the Scheme;

· There is sufficient car parking spaces for eight (8) to ten (10) cars on the property. Should Council resolve to approve the Holiday House, it can be satisfied that there is sufficient car parking on site. However, it is recommended that a condition requiring on-site parking for at least 2 car parking spaces to service the Holiday House are included on any approval granted by Council to reinforce this requirement;

· The proponent has supplied an Emergency Evacuation Plan showing the evacuation points as well as the assembly area and a plan will also be displayed showing where the fire extinguishers and fire blankets are located; and

· 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 Shire of Manjimup. This will be conditioned on any approval granted by Council.

As demonstrated above, the Policy requirements can be conditionally met by the applicants. The management details address the Policy Measures adequately.

Building Requirements

In accordance with the Building Act 2011, the proposed Holiday House will require a change of classification prior to the commencement of the use. It is proposed that an advice note be included on any approval granted detailing this requirement.

Health Act

The proposed use will be required to operate in compliance with all relevant requirements of the Health (Miscellaneous Provisions) Act 2016. Shire staff propose that an advice note be included on any approval granted by Council to reflect this requirement.

Guest Register

The applicant is required to maintain a guest register of all guests and this is to be made available to the Shire of Manjimup on request.

Submission Received

One submission was received during the advertising period. The adjoining landowner has raised some concerns regarding the development, primarily being their own personal security and the fact that there is no shortage of Holiday Accommodation in Walpole.

Personal security and the safety of property is the responsibility of the individual, not Council or the proponent.

Given that the application complies with the Scheme and Policy requirements, the adjacent landowner’s comments are not considered to be valid planning considerations.

Conclusion

As detailed above, the Holiday House at Lot 43 (20) Red Tingle Drive, Walpole generally conforms to the provisions of the Shire of Manjimup Local Planning Scheme No. 4 and is compliant with Local Planning Policy 6.1.5 – Holiday Houses.

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

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The application has been assessed in accordance with the provisions of Local Planning Policy 6.1.5 – Holiday Houses.

Organisational risk management:

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

Financial Implications:

The required Development Application Fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: The proposal if approved by Council will allow the proponent to increase business activity on the property and potentially increase the economic return of the property.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants development approval for a Change of Use from a Dwelling to a Holiday House at Lot 43 (20) Red Tingle Drive, Walpole (TP174/2017) in accordance with the submitted plans as attached at 9.5.5(1), and subject to the following conditions:

a) The Holiday House approved is limited to a maximum of six (6) persons who are known to each other in the premises at any one time to the satisfaction of the Shire of Manjimup;

b) 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 Shire of Manjimup, and the register shall be made available for perusal by the Shire of Manjimup on demand;

c) The submitted management details form part of the application shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup;

d) The Emergency Evacuation Response Plan, including provision of the Manager’s contact details, is to be displayed in the Holiday House at all times;

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

f) Any proposed signage for the Holiday House beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4 will require the further approval of the Shire of Manjimup.

2. Advises the applicant that:

a) In all buildings approve for use as a 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; and

· lighting incorporated in the corridor, hallway and area served by the smoke alarm(s).

b) The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the Building Act of 2011.

c) A Building Permit is required to be obtained from Building Services for the reclassification of the Class 1a Dwelling to a Class 1b Holiday House.

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

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27200

That Council:

a) The Holiday House approved is limited to a maximum of six (6) persons who are known to each other in the premises at any one time to the satisfaction of the Shire of Manjimup;

c) The submitted management details form part of the application shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup;

d) The Emergency Evacuation Response Plan, including provision of the Manager’s contact details, is to be displayed in the Holiday House at all times;

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

f) Any proposed signage for the Holiday House beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4 will require the further approval of the Shire of Manjimup.

2. Advises the applicant that:

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

ii. consist of:

· lights incorporated into the smoke alarm itself; and

· lighting incorporated in the corridor, hallway and area served by the smoke alarm(s).

b) The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the Building Act of 2011.

c) A Building Permit is required to be obtained from Building Services for the reclassification of the Class 1a Dwelling to a Class 1b Holiday House.

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

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.6 Proposed Replica Agricultural Shed and Barbeque Shelter at Lot 628, 629 and 741 Edwards Street, Manjimup (Manjimup Timber and Heritage Park)

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 628, 629 and 741 Edwards Street, Manjimup (Manjimup Timber and Heritage Park)
WARD:	Central
ZONE:	Parks and Recreation Reserve
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P53584, DA17/223
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for a Civic Use (Replica Agricultural Shed and Barbeque Shelter) at Lot 628, 629 and 741 Edwards Street, Manjimup (Reserve 26199 - Manjimup Timber and Heritage Park). Location, Site and Development Plans are attached.

ATTACHMENT: 9.5.6(1)

Location Plan

The application proposes the construction of:

· A 130m² Agricultural Shed for display purposes. The development forms part of the Manjimup Town Centre Revitalisation Component 2 works, the transformation of the Manjimup Timber and Heritage Park. The Agricultural Shed will house a large collection of heritage agricultural equipment that the community wishes to have restored and exhibited as part of the Historic Hamlet. The building will tell the story of local agricultural movements, people and produce. The building is be a semi-outdoor room with the ability to secure exhibits with roller doors when necessary. The building is expected to be completed by January 2018; and

· A 4.4m wide by 6m (26.4m²) long open-sided shelter to serve as a barbeque (BBQ) area adjacent to the slide and playground in the park. The materials to be used in the construction of the BBQ Shelter are Steel ‘Banksia Green’ framing with a zincalume roof.

Council is requested to determine the application given the strategic nature of the proposal and the fact the development is to be located on Crown Reserve vested with the Shire.

PUBLIC Consultation Undertaken:

Consultation has previously been undertaken for the adoption of Local Planning Policies LPS4 6.1.31 Manjimup Townscape and LPS4 6.1.32 Manjimup SuperTown Growth Plan. These policies have now been consolidated into Local Planning Policy LPS4 6.1.14 Development of Manjimup Town Site, which incorporates the Manjimup Timber and Heritage Park Concept Landscape Masterplan. The new Policy was also advertised for public comment prior to adoption.

In addition to the previous consultation, Shire staff have been liaising closely with the Timber and Heritage Park Advisory Committee over the final design and location of the replica Agricultural Shed.

Given the previous amount of public consultation additional consultation relating specifically to this application is not recommended.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (LPS No 4) reserves the subject land for the purposes of Parks and Recreation.

Unlike zones identified within the Scheme, the use of land reserved by the Scheme is not regulated by the zoning table. In accordance with Part 3.4 of LPS No 4, regard must be given to the following matters when determining an application for planning consent:

(i) the matters set out in clause 10.2; and

(ii) the ultimate purpose intended for the reserve.

Matters to be Considered

Clause 10.2 of the Scheme requires that in determining an application for planning consent, the Shire must have regard to various matters, including but not limited to:

(i) The aims and provisions of the Scheme;

(ii) Requirements for orderly and proper planning;

(vi) The adopted Local Planning Strategy and any Local Planning Policy adopted by the local authority;

(viii) In the case of a reserve, the ultimate intended purpose of that reserve;

(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;

(xvi) The relationship of the proposal to development on adjoining land or on other land in the locality, including but not limited to the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

(xvii) The means of vehicle access to and egress from the site are adequate and whether adequate provision has been made for loading, unloading, manoeuvring and parking or vehicles; and

(xxv) The potential benefit resulting from the planning proposal;

The application as received is consistent with the intended purpose of the reserve and both the use and development are considered to be compatible with its setting.

Land Use Classification

Examining of LPS No 4 indicates that the proposed uses are consistent with the land use classifications of Civic Purpose, which the Scheme defines as follows:

“civic use” means premises used by a state or commonwealth government department, an instrumentality of the Crown, or the local government, for administrative, recreational or other purposes;

The ultimate purpose of the reserve is “Parks and Recreation”. It should also be noted that the Management Order for Reserve 26199 indicates that the Reserve is for the designated purpose of “Historic Buildings and Park”.

Shire Officers are of the view that the proposed Civic Use is within keeping with the ultimate intended purpose of the ‘Parks and Recreation Reserve’.

Development Controls

As the land is reserved by the Scheme rather than included within a specific zoning, there are development controls, with the exception of car parking are determined at discretion of the local government after having due regard to the criteria included in clause 10.2 of the Scheme.

Car Parking

The Scheme outlines the car parking requirements for a range of uses in Table 2. The combined 156m²area of the proposed development has been considered a ‘civic use’ for the purposes of car parking. The Scheme requires one car parking space per 30m² for a civic use, requiring 6 spaces.

It is noted however that the proposed buildings are part of the overall redevelopment/revitalisation of the park being undertaken as part of Manjimup’s Town Centre Revitalisation program. As part of this redevelopment, a total of 182 parking spaces (existing and proposed), inclusive of accessibility parking bays will be created.

Given the above, it is recommended that Council give consideration to a relaxation of the parking standards in accordance with Part 5.5 of the Scheme. Further advice on the relaxation of standards is provided within the Statutory Environment section of this agenda item.

Landscaping

Current levels of landscaping within the Timber and Heritage Park exceed normal standards of landscaping identified by the Scheme. It is also noted that the significant additional landscaping works are to be carried out as part of the development of the Timber and Heritage Park.

Drainage Management

Hydrology consultants working on behalf of the Shire are currently finalising a detailed drainage design for the park. Although these designs are yet to be completed, the following principals are being applied:

a) Drainage from each proposed development will be first directed to adjacent garden beds, maximising use at source; and

b) Any excess drainage will be directed to the park’s overall drainage system using a system of swales and/or drains.

Shire Officers are therefore satisfied that all drainage will be contained on site or directed to the park’s overall drainage system.

Community Benefit of Proposal

The proposed development has the potential to increase the range and number of events that will be held at the park. The proposed development will therefore have a positive effect on the social fabric of Manjimup with an increase in the range of community facilities available for use and a corresponding broadening of social activities for the community and visitors to partake in.

Conclusion

Given the community benefit this proposal provides, it is recommended that the development application be approved subject to the conditions and advice provided in the Officer Recommendation.

STATUTORY ENVIRONMENT:

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

In accordance with Part 5.5 of the Scheme, where a development “does not comply with a standard or requirements prescribed under the Scheme, the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit.” The power conferred by this clause may only be exercised if the local government is satisfied that the approval would be appropriate and the non-compliance will not have an adverse impact on the occupiers or users of the development.

With respect to this application, it is recommended that Council vary the Scheme requirements in relation to parking given that parking for the entire park is being addressed as part of the overall redevelopment.

Policy / Strategic Implications:

Local Planning Policy LPS4 6.1.14 Development of Manjimup Townsite

Manjimup Timber and Heritage Park Management and Development Plan

Manjimup Timber and Heritage Park Interpretive Plan

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: The proposed development will help meet the following Key Performance Indicators listed at ‘Our Prosperity’ Strategy 2.1 of the Shire of Manjimup Strategic Community Plan 2017-2027:

· Increase the number of visitors to the Shire; and

· Provision of new infrastructure to maximise visitor experiences.

Social: The proposed development will have a positive effect on the social fabric of Manjimup with an increase in the range of community facilities available for use and a corresponding broadening of social activities for the community and visitors to partake in.

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 Civic Use (Agricultural Shed and Barbeque Shelter) on Reserve 26199 (Lots 628, 629 and 741) Giblett Street, Manjimup (Application TP208/2017), for a period of five (5) years, in accordance with the submitted plans and specifications as attached at 9.5.6(1) and subject to the following conditions:

b) The development shall have appropriate storm water collection, storage and re-use systems installed;

2. Advise the Applicant:

a) The development the subject of this planning approval must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911; and

b) This development approval is NOT a building permit. A building permit application for each building must be formally presented to and approved by Building Services to formalise the development.

3. Note that in accordance with Clause 5.5 of Shire of Manjimup Local Planning Scheme No.4, that the car parking requirements for the proposed development are varied given that parking for the entire park is being addressed as part of the overall redevelopment of the Manjimup Timber and Heritage Park.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27201

That Council:

b) The development shall have appropriate storm water collection, storage and re-use systems installed;

2. Advise the Applicant:

a) The development the subject of this planning approval must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911; and

b) This development approval is NOT a building permit. A building permit application for each building must be formally presented to and approved by Building Services to formalise the development.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.7 Proposed Retrospective Application for a Residential Building At Lot 11555 (16) Kennedy Street, Pemberton

PROPONENT	J Copeland & P Darrington
OWNER	J Forrest
LOCATION / ADDRESS:	Lot 11555 (16) Kennedy Street, Pemberton
WARD:	West
ZONE:	Residential R20
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/188, P52244
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	18/10/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for retrospective planning approval for a Residential Building at Lot 11555 (16) Kennedy Street, Pemberton. Location, site and development plans are attached.

ATTACHMENT: 9.5.7(1)

Location Plan

Lot 11555 is 1.6ha in area and zoned Residential by Shire of Manjimup Local Planning Scheme No.4. (the Scheme). The subject lot is largely cleared of vegetation with a few trees located on property boundaries. The property contains a dwelling, shed and an unapproved residential building constructed in the form of a 201m² ‘yurt’. A proposed new 6m long by 3m wide (18m²) domestic outbuilding will also be constructed on site and forms part of this application. Council is advised that the development of this outbuilding is considered compliant with both the Residential zoning provisions of Shire of Manjimup Local Planning Scheme No 4 (the Scheme) and Council’s Local Planning Policy LPS4 6.1.3 Domestic Outbuildings.

For Council’s benefit, a ‘yurt’ is defined as a circular tent of felt or skins on a collapsible framework, used by nomads in Mongolia, Siberia, and Turkey. Foregoing the use of animal skins, the proponent has chosen to use a white canvas outer skin as the covering over an aluminium frame instead. The yurt will be sited on a removable elevated deck. The yurt will be used by visiting friends and family of the proponents. The domestic outbuilding will be constructed of steel frame and steel sheeting. The development is located in the north-east corner of the property

Council is requested to consider the application as Council officers do not have the delegated authority to determine an application for retrospective approval.

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.

COMMENT (Includes Options):

The provisions of the Scheme include the subject land within the Residential Zone. The objective of this zone is to provide for the adequate provision of suitably located land to provide for varied urban residential environment to meet the needs of the community and to promote the amenity of residential areas.

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

Unauthorised Existing Development

Clause 8.6 of the Scheme allows the local government to grant development approval for a use or development already commenced or carried out regardless of date; if the development conforms to the provisions of the Scheme.

Shire officers note that the proponents have been proactive in attempting to formalise the unapproved yurt, and have been actively working to meet all necessary local government requirements and obtain the relevant local government approvals. A letter from the proponents reflecting their co-operation with the Shire is attached.

ATTACHMENT: 9.5.7(2)

Zoning Requirements

Clause 5.33.2 of the Scheme outlines the development provisions in the Residential zone. With the exception of the fact that prior approval was not sought or granted, the unapproved yurt and proposed domestic outbuilding is compliant with these provisions, with the exception of its setback to the side property boundary. The relaxation of the setback for the yurt and proposed will be discussed further into the report.

Planning Precinct Statement

The property is located within Pemberton Planning Precinct No.4 as located at Clause 3.4 of Schedule 8 of the Scheme. The development is considered to comply with the recommendations of the Statement.

Definition of a Residential Building

The unapproved yurt is considered a Residential Building by the Scheme, and can be defined as:

‘A building, or portion of a building, together with rooms and outbuildings separate from such building but incidental thereto; such building being used or intended, adapted and designed to be used for the purpose of human habitation:

· Temporarily by two or more persons; or

· Permanently by seven or more persons, who do not comprise a single family, but does not include a hospital or sanatorium, a prison, a hotel, a motel or a residential school.’

As detailed by the proponent in their letter, the intended use of the yurt is to be on an occasional basis to accommodate friends and family, and not on a commercial basis. The yurt will be used incidental to the existing dwelling on site, similar to a common ’granny flat’ type of arrangement. Shire Officers are satisfied that the proposed use of the yurt meets the definition as described above. It is recommended to Council that a condition prohibiting commercial use of the yurt be included on any approval granted by Council.

Impact on Amenity

Given that the unapproved development has existed in situ for some time and is located 1.1m from the side property boundary with an unsealed section of Robinson Street. The 20m wide Robinson Street road reserve serves as to provide adequate separation for the yurt to neighbouring residential properties. The colours used on the surface of the yurt and proposed to be used on the domestic outbuilding are not highly reflective or considered to visually spoil the residential amenity of the area.

It is also noted by Shire Officers that no submissions were received from adjoining landowners regarding the retrospective approval of the application as proposed.

Shire Officers are satisfied, that the relaxation of the side boundary setback for the development will have no greater impact on the local amenity than it already has.

Conclusion

Given that the proposal is not expected to impact on the amenity of the area and conforms with the provisions of the Scheme, Shire officers recommend retrospective approval be granted subject to the conditions and advice described in the Comment section of this report.

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:

The required retrospective fee has been paid by the applicant.

Sustainability:

Environmental: The unauthorised residential building is not expected to detrimentally impact upon the surrounding environment.

Economic: Nil.

Social: The unauthorised residential building is expected to have minimal impact upon the amenity of the adjoining landowners as outlined in the Comment section above.

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 development approval for the residential building, and development approval for the domestic outbuilding on Lot 11555 (16) Kennedy Street, Pemberton in accordance with the submitted plans at 9.5.7(1) and subject to the following conditions:

a) The approved residential building shall not be used for commercial purposes; and

b) 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. Advises the Applicant

a) The development does not constitute building approval. An application for a Building Approval Certificate for the Yurt and an application for a Building Permit for the domestic outbuilding must be formally applied for and obtained prior to any further use or any construction works being undertaken.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27202

That Council:

a) The approved residential building shall not be used for commercial purposes; and

2. Advises the Applicant

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.13.2 Consideration of Tender RFT 03/17 Supply of Gravel Panel

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	All of Shire
WARD:	All
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170444
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	11/10/2017
DECLARATION OF INTEREST:	Nil

Background:

As a major component of the 2017/18 and expected 2018/19 Infrastructure Budget Capital Works Program, the Shire expects to purchase in excess of $150,000 worth of gravel for upgrade and renewal of its sealed and unsealed roads. In order to secure fixed prices and to be compliant with regulatory procedure, a Request for Tender (RFT) was advertised for the supply of gravel by a panel of preferred suppliers. The RFT is seeking to appoint a panel of up to six contractors for a two year period.

The purpose of this report is to present the results of the assessment of the RFT 03/17 Supply of Gravel Panel for Council’s consideration.

PUBLIC Consultation Undertaken:

Public advertising of the RFT was in the form of an advertisement in the West Australian Newspaper and in the Manjimup Bridgetown Times and with advertising on the Shire of Manjimup website on 20 September 2017, with the request for tender process closing 12 October 2017.

COMMENT (Includes Options):

A total of seven documents were drawn during the Tender phase. At the Tender close, only three tenders were received.

The Tender Evaluation Panel, comprising three Shire Officers, undertook to independently assess the Tenders received using an assessment matrix which considered Compliance Criteria and Qualitative Criteria as specified in the RFT. The matrix presented a yes or no answer for Compliance Criteria and used a scoring method to assess the Qualitative Criteria.

The matrix referenced the terms and assessment criteria of the RFT document. In particular, the criteria for compliance with the Shire’s Local Planning Scheme 4 and the tenderer’s ability to deliver suitable material identified as Type 1 material or Type 2 material for use on road reconstruction material or gravel road re-sheeting. The specifications were appended to the RFT 03/17.

The RFT specifically requested that tenderer’s have a current extraction permit for the supply of gravel. Only one Tender conformed to this request with a current permit to supply gravel from a single property on Yanmah Road, Donnelly.

The RFT also specifically requested test results from a certified source confirming that the material to be supplied met either Type 1 material or Type 2 material. The conforming Tender supplied results indicating the ability to supply Type 2 material only, however some test results were missing.

Given that only one Tender was submitted that met the RFT specifications for only one type of suitable gravel material, the Shire is currently unable to appoint a panel of contractors that can supply material for all its road works throughout the Shire. As such it is recommended that no Tender be awarded for the supply of gravel.

Given the Shire is unable to award the Tender to a panel of contractors, purchase of the material will be dealt with, collectively or individually, in accordance with the Council’s Purchasing Policy 2.3.5 or Tendering Policy 2.3.6, whichever is applicable. Further to this, the Shire will be re-tendering the supply of gravel by way of a Tender Panel in six months which may allow opportunity for prospective Tenderers to meet requirements.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 detail the Tender requirements for Local Government procurement of goods or services.

Policy / Strategic Implications:

If no Tender is awarded for the supply of gravel, purchase of suitable material will be in accordance with the Council’s Corporate Purchasing Policy 2.3.5 and Council’s Corporate Tendering Policy 2.3.6.

Organisational risk management:

There is a minor likelihood of minor consequence to the Shire if the current Tender panel is not being appointed.

Financial Implications:

Nil, as purchase of material will be in accordance with Council approved 2017/18 Budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Does not award a Tender panel the contract, RFT 03/17 Supply of Gravel Panel; and

2. Endorses the procurement of gravel material via Council’s Purchasing Policy 2.3.5 or Tendering Policy 2.3.6 for individual or collective projects as required.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27204

That Council:

1. Does not award a Tender panel the contract, RFT 03/17 Supply of Gravel Panel; and

2. Endorses the procurement of gravel material via Council’s Purchasing Policy 2.3.5 or Tendering Policy 2.3.6 for individual or collective projects as required.

ADOPTED BY EN BLOC RESOLUTION: 11/0

Cr Paul Omodei declared an Impartiality Interest in this Item as the Tenderer is his nephew. Cr Omodei declared that he would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.13.3 Consideration of Tender RFT 02/17 Mowing and Maintenance Walpole

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Walpole
WARD:	South Ward
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170443
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	11/10/2017
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup’s current contract for mowing and maintenance in Walpole has expired. In order to secure a fixed a price for a period, a Request for Tender (RFT) was advertised for the mowing and maintenance of reserves and selected road verges in Walpole by a preferred supplier. The Tender is to appoint a suitable contractor for a three year period.

The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender RFT 02/17 Mowing and Maintenance Walpole.

PUBLIC Consultation Undertaken:

Public advertising of the Tender was in the form of an advertisement in the West Australian Newspaper, the Manjimup Bridgetown Times and Walpole Weekly on 20 September 2017, with advertising on the Shire of Manjimup website, with closing date of 12 October 2017.

COMMENT (Includes Options):

A total of fifteen documents were drawn during advertising of the Tender. At the Tender close, only three Tenders were received. The Tender Evaluation Panel, comprising two Shire Officers, undertook to independently assess the Tenders received using an assessment matrix. These assessment scores were then averaged and the averaged Tender assessment matrix is attached.

ATTACHMENT: 9.13.3(1)

The matrix referenced the terms and assessment criteria of the RFT document. In particular are the criteria for experience and resources to deliver mowing and maintenance services to the Shire’s specified standard. Two Tenders received were deemed to be conforming, within scope and overall of an acceptable standard.

The table below is a summary of the averaged scores from the Qualitative Criteria assessment and presents only the weighted scores out of a top score of ten.

	Weighted Score
	Relevant Experience	Key Personnel	Resources	Demonstrated Understanding	Three Year Contract Price weighted score (60%)	Total Score	Ranking
Wayne Brown	9	8	9	9	56.4	91.4	1
Schmick Mowing	10	7	9	8	49.4	83.4	2
Great Southern Landscaping	Non-conforming	Non-conforming	Non-conforming	Non-conforming	44.2	44.2	3

The Tender submitted by Great Southern Landscaping did not provide compliance with the tender submission, the tenderers offer or providing submission compliance with registration and licencing. As such the Qualitative Criteria assessing Great Southern Landscaping’s Tender was not assessed but it was still provided a total score and ranking.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 detail the Tender requirements for Local Government procurement of goods or services.

Policy / Strategic Implications:

Council’s Corporate Tendering Policy 2.3.6.

Organisational risk management:

There is a high likelihood of minor consequence to the Shire if fixed rates for mowing and maintenance of reserves and Public Open Space in Walpole are not secured.

Financial Implications:

The contract for mowing and maintenance in Walpole conforms to the Council approved Budget for 2017/18.

Sustainability:

Environmental: Compliant maintenance of Walpole’s reserves and other Public Open Spaces

Economic: Fixed rates for maintenance of Public Open Space allows for appropriate forecasting of expenditure.

Social: Well-maintained Public Open Space provides a pleasing environment assisting with social cohesion.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award RFT 02/17, Mowing and Maintenance in the Town of Walpole to Wayne David Miller Brown for a price of $128,970 (inc GST) for the term of the three year contract, in accordance with their submitted Tender Response.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27205

ADOPTED BY EN BLOC RESOLUTION: 11/0

Suspension of Standing Orders:

Moved: Daubney, L Seconded: Tapley, D

27207

Council resolved to Suspend Standing Orders.

CARRIED: 11/0

Resumption of Standing Orders:

Moved: Daubney, L Seconded: Tapley, D

27208

Council resolved to Resume Standing Orders.

CARRIED: 11/0

ATTACHMENT

9.15.1 Airfield Management Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170380
LEGISLATION:	Local Government 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections to be held 21 October, 2017. This is also an opportunity to review the Terms of Reference for each committee.

A summary of the committee’s previous Terms of Reference is:

Functions	1. To manage and maintain Manjimup Airfield and associated facilities in accordance with Council’s policy and the guidelines laid down by Air Services Australia and the Civil Aviation Safety Authority; 2. Carry out voluntary and contributory maintenance activities within the annual allocated operating budget; 3. To advise Council on matters relating to Airfield policy; and 4. To advise Council on the future development of the airfield (at the existing or alternative locations).
Meeting frequency	Quarterly
# members	8
Quorum	4

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Airfield Management Committee comprises Council members, employees and others and has delegated management responsibilities.

The committee provides a valuable contribution to the preservation of this strategically important asset.

The proposed new Airfield Management Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.

ATTACHMENT: 9.15.1(1)

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The Airfield Management Committee is responsible for the management of the airfield maintenance budget allocated by Council.

Sustainability:

Environmental: The Airfield is important to the aerial fire spotting service.

Economic: The Airfield brings economic activity to the local community.

Social: The Airfield is an important landing facility for the Royal Flying Doctor service, fire control services and for recreational pursuits.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Airfield Management Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor (Proxy)
Ms Catherine Scollan	Manager Technical Services
Mr Max Lefroy	Airport Reporting Officer
Mr Damon Lukins	Deputy Airport Reporting Officer
Mr Gavin Ladhams	Deputy Airport Reporting Officer (Proxy)
Mr Bruce Ward	Representative Manjimup Aero Club
Mr Greg Simpson	Representative DBCA
Mr Shane Hawily	Representative Local Pilot
Vacant	Representative St John Ambulance
Vacant	Representative St John Ambulance (Proxy)

2. Confirm the Terms of Reference for the Airfield Management Committee as provided in Attachment: 9.15.1(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Taylor, R

27209

That Council:

1. Make the following appointments to the Airfield Management Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Cliff Winfield	Councillor
Cr Robert Taylor	Councillor (Proxy)
Ms Catherine Scollan	Manager Technical Services
Mr Max Lefroy	Airport Reporting Officer
Mr Damon Lukins	Deputy Airport Reporting Officer
Mr Gavin Ladhams	Deputy Airport Reporting Officer (Proxy)
Mr Bruce Ward	Representative Manjimup Aero Club
Vacant	Representative DBCA
Mr Shane Hawily	Representative Local Pilot
Vacant	Representative St John Ambulance
Vacant	Representative St John Ambulance (Proxy)

2. Confirm the Terms of Reference for the Airfield Management Committee as provided in Attachment: 9.15.1(1) including nominations contained in point 1) above.

CARRIED: 11/0

ATTACHMENT

9.15.2 Local Emergency Management Committee - Review Terms of Reference and Appointments.

PROPONENT	Shire of Manjimup
ZONE:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170449
LEGISLATION:	Local Government Act 1995 and Emergency Management Act 2005.
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections to be held 21 October 2017. This is also an opportunity to review the Terms of Reference for each committee.

A summary of the committee’s existing Terms of Reference is:

Functions	As set down in Section 39 of the Emergency Management Act 2005: a) To advise and assist the Council in ensuring that local emergency arrangements are established; b) To liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and c) To carry out other emergency management activities as directed by the SEMC or prescribed by regulations.
Meeting frequency	Quarterly
# members	15
Quorum	8

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Manjimup Local Emergency Management Committee comprises Council members, employees and others and performs in accordance with the provisions of section 39 of the Emergency Management Act 2005.

The committee meets regularly and provides a valuable contribution to the emergency management arrangements for the community.

The proposed new Emergency Management Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.

ATTACHMENT: 9.15.2(1)

STATUTORY ENVIRONMENT:

The Manjimup Local Emergency Management Committee is established under the Emergency Management Act 2005.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The Management Local Emergency Management Committee is responsible for emergency management arrangements and has support funding from DFES and the Shire of Manjimup on a needs basis.

Sustainability:

Environmental: Nil

Economic: Emergency events have the potential to seriously impact economic activity in both the short and long term.

Social: Public safety and recovery from a disaster is considered a high priority.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Local Emergency Management Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Shire President (Chairperson)
Cr	Shire Deputy President (Proxy)
Mr Andrew Campbell	Shire of Manjimup CEO
Mr Todd Ridley	Chief Emergency Services Manager
Mr Remo Pessotto	Chief Bush Fire Control Officer
Mr Brad Wren	Chief Bush Fire Control Officer (Proxy)
Mr Vikram Cheema	DEMC / SEMC
Mr Ian Guthridge	DAFWA
Mr Jason Dearle	DAFWA (Proxy)
Mr Neville Blackburn	DCP
Vacant	DCP (Proxy)
Mr Phil Brandrett	DFES
Mr Leon Gardiner	DFES (Proxy)
Mr Luke Bentley	DBCA
Mr	DBCA (Proxy)
Mr Harry Arnott	Police Service - Manjimup
Mr David Wall	Police Service – Walpole
Ms Anne Morris	Police Service - Pemberton
Mr Michael Mackay-Blair	SES
Mr Graham Pearce	SES (Proxy)
Ms Sally Towie	Warren District Hospital
Vacant	Warren District Hospital (Proxy)
Gary Willcox	St John Ambulance

2. Confirm the Terms of Reference for the Local Emergency Management Committee as provided in Attachment: 9.15.2(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27210

That Council:

1. Make the following appointments to the Local Emergency Management Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Paul Omodei	Shire President (Chairperson)
Cr Cliff Winfield	Shire Deputy President (Proxy)
Mr Andrew Campbell	Shire of Manjimup CEO
Mr Todd Ridley	Chief Emergency Services Manager
Mr Remo Pessotto	Chief Bush Fire Control Officer
Mr Brad Wren	Chief Bush Fire Control Officer (Proxy)
Mr Vikram Cheema	DEMC / SEMC
Mr Ian Guthridge	DAFWA
Mr Jason Dearle	DAFWA (Proxy)
Mr Neville Blackburn	DCP
Vacant	DCP (Proxy)
Mr Phil Brandrett	DFES
Mr Leon Gardiner	DFES (Proxy)
Mr Luke Bentley	DBCA
Vacant	DBCA (Proxy)
Mr Harry Arnott	Police Service - Manjimup
Mr David Wall	Police Service – Walpole
Ms Anne Morris	Police Service - Pemberton
Mr Michael Mackay-Blair	SES
Mr Graham Pearce	SES (Proxy)
Ms Sally Towie	Warren District Hospital
Vacant	Warren District Hospital (Proxy)
Gary Willcox	St John Ambulance

2. Confirm the Terms of Reference for the Local Emergency Management Committee as provided in Attachment: 9.15.2(1) including nominations contained in point 1) above.

CARRIED: 11/0

ATTACHMENT

9.15.3 Northcliffe Forest Park Management Committee - Review Terms of Reference and Appointments.

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170372
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s existing Terms of Reference is:

Functions	1. To allocate funds approved by Council for Northcliffe Forest Park and in conjunction with relevant manager. 2. To maintain and develop the Northcliffe Forest Park in accordance with the Council endorse Northcliffe Forest Park Management Plan. 3. To provide comment on the Shire of Manjimup’s forward fuel reduction plan for the Northcliffe Forest Park and to communicate with the agency carrying out any fuel reduction actions in order to minimise any conflict with park use.
Meeting frequency	Quarterly
# members	10
Quorum	5

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Northcliffe Forest Park Management Committee comprises Council members, employees and others and has delegated management responsibilities.

The proposed new Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.

ATTACHMENT: 9.15.3(1)

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The Northcliffe Forest Park Management Committee is responsible for the management of the budget allocated for the Northcliffe Forest Park’s maintenance, capital improvements and reserves.

Sustainability:

Environmental: The Northcliffe Forest Park is a heavily vegetated reserve in close proximity to the town providing both social benefits and public safety concerns in respect to fire management.

Economic: Nil

Social: The Northcliffe Forest Park is an important reserve for the Northcliffe community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Northcliffe Forest Park Management Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor (Proxy)
Mr Spencer Roberts	Manager Parks & Gardens
Ms Melanie Blieschke	Supervisor Parks & Gardens (Proxy)
Mr Jim Wilson	Northcliffe Visitor Centre Representative
Mr Graham Evans	Southern Forests Arts Representative
Ms Diana Moss	Southern Forests Arts (Proxy)
Ms Jo Smith	DBCA representative
Mr Jeff Bennett	DBCA (Proxy)
Mr Glynne Jones	Northcliffe Volunteer Fire and Rescue Representative
Mr Robert Hammer	Northcliffe Volunteer Fire and Rescue Representative (Proxy).
Mrs Carole Perry	Northcliffe Environment Centre Representative
Mr Murray Grey	Northcliffe Environment Centre Representative (Proxy)
	Community Representative
	Community Representative
	Community Representative

2. Confirm the Terms of Reference for the Northcliffe Forest Park Management Committee as provided in Attachment: 9.15.3 (1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27211

That Council:

1. Make the following appointments to the Northcliffe Forest Park Management Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Wendy Eiby	Councillor
Cr Lynn Daubney	Councillor (Proxy)
Mr Spencer Roberts	Manager Parks & Gardens
Ms Melanie Blieschke	Supervisor Parks & Gardens (Proxy)
Mr Jim Wilson	Northcliffe Visitor Centre Representative
Mr Graham Evans	Southern Forests Arts Representative
Ms Diana Moss	Southern Forests Arts (Proxy)
Ms Jo Smith	DBCA representative
Mr Jeff Bennett	DBCA (Proxy)
Mr Glynne Jones	Northcliffe Volunteer Fire and Rescue Representative
Mr Robert Hammer	Northcliffe Volunteer Fire and Rescue Representative (Proxy).
Mrs Carole Perry	Northcliffe Environment Centre Representative
Mr Murray Grey	Northcliffe Environment Centre Representative (Proxy)
Mr Les Micro	Community Representative
Ms Helen Collie	Community Representative
Vacant	Community Representative

2. Confirm the Terms of Reference for the Northcliffe Forest Park Management Committee as provided in Attachment: 9.15.3 (1) including nominations contained in point 1) above.

CARRIED: 11/0

ATTACHMENT

9.15.4 Northcliffe Town Hall Management Committee - Review Terms of Reference and Appointments.

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170371
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s existing Terms of Reference is:

Functions	1. Management of Northcliffe Town Hall. 2. Expenditure of approved Council budget for the Northcliffe Town Hall in consultation with relevant manager.
Meeting frequency	Quarterly
# members	5
Quorum	3

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Northcliffe Town Hall Management Committee comprises Council members, employees and others and has delegated management responsibilities.

The proposed new Northcliffe Town Hall Management Terms of Reference (including members, term of appointment, meeting frequency and functions) is attached.

ATTACHMENT: 9.15.4(1)

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil.

Financial Implications:

The Northcliffe Town Hall Management Committee is responsible for the management of the budget allocated for the Northcliffe Town Hall’s maintenance, capital improvements and reserves.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The Northcliffe Town Hall is an important community facility for the Northcliffe community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Northcliffe Town Hall Management Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor (Proxy)
Mr Jamie Jones	Building Officer
Mr Peter Krispyn	Manager Building Services(Proxy)
	Community Representative
	Community Representative
	Community Representative

2. Confirm the Terms of Reference for the Northcliffe Town Hall Management Committee as provided in Attachment: 9.15.4 (1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27212

That Council:

1. Make the following appointments to the Northcliffe Town Hall Management Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Wendy Eiby	Councillor
Cr Lynn Daubney	Councillor (Proxy)
Mr Jamie Jones	Building Officer
Mr Peter Krispyn	Manager Building Services(Proxy)
Patricia Laws	Community Representative
Gaye Van Hazendonk	Community Representative
Vacant	Community Representative

2. Confirm the Terms of Reference for the Northcliffe Town Hall Management Committee as provided in Attachment: 9.15.4 (1) including nominations contained in point 1) above.

CARRIED: 11/0

ATTACHMENT

9.15.5 Manjimup Agricultural Expansion Project Management Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160285
LEGISLATION:	Local Government 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	11/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s previous Terms of Reference is:

Functions	1. Ensure compliance with the Manjimup Agricultural Expansion Project Financial Assistance Agreement between the Shire of Manjimup and Department of Regional Development; 2. Ensure compliance with the Manjimup Agricultural Expansion Project Deed of Agreement between the Shire of Manjimup and the Southern Forests Food Council; 3. Oversee amendments to the Manjimup Agricultural Expansion Project Financial Assistance Agreement and Manjimup Agricultural Expansion Project Deed of Agreement; 4. Release project funding in accordance with Manjimup Agricultural Expansion Project Financial Assistance Agreement and Manjimup Agricultural Expansion Project Deed of Agreement; and 5. Oversee the reporting obligations of the Manjimup Agricultural Expansion Project.
Meeting frequency	Quarterly or more as required.
# members	7
Quorum	4

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Manjimup Agricultural Expansion Project Manage Committee comprises council members, employees and others and delegated management responsibilities.

The proposed new Manjimup Agricultural Expansion Project Management Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.

ATTACHMENT: 9.15.5(1)

STATUTORY ENVIRONMENT:

Local government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil.

Financial Implications:

The Manjimup Agricultural Expansion Project is predominantly funded by the Royalties for Regions program. The Shire contributes $25,000p.a to the Southern Forests Food Council to assist with operations.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Manjimup Agricultural Expansion Project Management Committee for the biennial period 26 October 2017 to 18 October 2019:

Cr	Councillor
Cr	Councillor
Mr Andrew Campbell (Chairperson)	Chief Executive Officer Shire of Manjimup
Mr Neil Guise	Department of Agriculture and Food WA
Mr Simon Taylor	South West Development Commission
Mr Bevan Eatts	Chair Southern Forests Food Council
Ms Laura Bolitho	General Manager Southern Forests Food Council
Ex Officio
Mr Tilwin Westrup	Project Manager (excluding SFFC component) Department of Agriculture and Food WA
Proxies
Vacant	South West Development Commission
Mr Tilwin Westrup	Department of Agriculture and Food WA

2. Confirm the Terms of Reference for the Manjimup Agricultural Expansion Project Management Committee as provided in Attachment: 9.15.5(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Winfield, C

27213

That Council:

1. Make the following appointments to the Manjimup Agricultural Expansion Project Management Committee for the biennial period 26 October 2017 to 18 October 2019:

Cr Lynn Daubney	Councillor
Cr Cliff Winfield	Councillor
Mr Andrew Campbell (Chairperson)	Chief Executive Officer Shire of Manjimup
Mr Neil Guise	Department of Agriculture and Food WA
Mr Simon Taylor	South West Development Commission
Mr Bevan Eatts	Chair Southern Forests Food Council
Ms Laura Bolitho	General Manager Southern Forests Food Council
Ex Officio
Mr Tilwin Westrup	Project Manager (excluding SFFC component) Department of Agriculture and Food WA
Proxies
Vacant	South West Development Commission
Mr Tilwin Westrup	Department of Agriculture and Food WA

2. Confirm the Terms of Reference for the Manjimup Agricultural Expansion Project Management Committee as provided in Attachment: 9.15.5(1) including nominations contained in point 1) above.

CARRIED: 11/0

ATTACHMENT

9.16.1 Access and Inclusion Advisory Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170381
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections to be held on 21 October 2017. This is also an opportunity to review the Terms of Reference for each committee.

A summary of the committee’s previous Terms of Reference is:

Functions	1. Promote the benefits of access and inclusion to the residents and businesses of the Shire of Manjimup. 2. Be available to provide relevant advice on the development of proposals or plans for any activity, building or infrastructure within the Shire. 3. Support and encourage partnership networks of local organisations that are best placed to collectively plan and coordinate strategies to address the needs of our local disability communities. 4. Make recommendations to Council on matters arising not clearly dealt with by the Shire of Manjimup’s Access and Inclusion Plan. 5. Monitor and review the Access and Inclusion Plan.
Meeting frequency	Quarterly or as required
# members	10
Quorum	5

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Access and Inclusion Advisory Committee comprises Council members, employees and other and only has advisory responsibilities.

The proposed new Access and Inclusion Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.

ATTACHMENT: 9.16.1(1)

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1997

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The committee has an important social role in providing better access to public facilities

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Access and Inclusion Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor
Ms Gail Ipsen Cutts	Director Community Services
Ms Evy Apeldoorn	Manager Community & Recreation Services (Proxy)
Ms Liz Lockyear	Manager, Home and Community Care
Mr Jamie Jones	Building Officer
Mr Peter Krispyn	Manager Building Services (Proxy)
Ms Libby Thorn	WACHS
Vacant	WACHS (Proxy)
Ms Reanna Streeter	Disability Services Commission
Mr David White	Disability Services Commission (Proxy)
	Community Representative
	Community Representative
	Community Representative

2. Confirm the Terms of Reference for the Access and Inclusion Advisory Committee as provided in Attachment: 9.16.1 (1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Taylor, R

27214

That Council:

1. Make the following appointments to the Access and Inclusion Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Wendy Eiby	Councillor
Cr Dave Tapley	Councillor
Ms Gail Ipsen Cutts	Director Community Services
Ms Evy Apeldoorn	Manager Community & Recreation Services (Proxy)
Ms Liz Lockyear	Manager, Home and Community Care
Mr Jamie Jones	Building Officer
Mr Peter Krispyn	Manager Building Services (Proxy)
Ms Libby Thorn	WACHS
Vacant	WACHS (Proxy)
Ms Reanna Streeter	Disability Services Commission
Mr David White	Disability Services Commission (Proxy)
Mrs Nancy Giblett	Community Representative
Ms Sue Edmonds	Community Representative
Vacant	Community Representative

2. Confirm the Terms of Reference for the Access and Inclusion Advisory Committee as provided in Attachment: 9.16.1 (1) including nominations contained in point 1) above.

CARRIED: 11/0

ATTACHMENT

9.16.2 Audit Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170379
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections to be held on 21 October, 2017. This is also an opportunity to review the Terms of Reference for each committee.

A summary of the committee’s previous terms of reference is:

Functions	The Committee has a statutory function to provide guidance and assistance to the local government – (i) As to the carrying out of its functions in relation to audits carried out under Part 7 of the Act; and (ii) As to the development of a process to be used to select and appoint a person to be an auditor. In addition, the Audit Committee undertakes: a) Management of the audit process. b) Discussion of audit outcomes. c) Monitoring action taken on audit report. d) Preparation of annual report on audit function. e) Review of the Statutory Compliance Return.
Meeting frequency	3 monthly
# members	5 Councillors
Quorum	3 Councillors

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Audit Advisory Committee comprises only Council members (employees invited to attend have no voting entitlement) and only has advisory responsibilities.

The proposed new Audit Committees’ Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.

ATTACHMENT: 9.16.2(1)

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Section 7.1A of the Local Government Act 1995 requires a local government to establish an Audit Committee of 3 persons or more (an employee must not be a member of an audit committee).

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: The committee’s role is to oversee the Shire’s financial management and reporting.

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Audit Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor
Cr	Councillor
Cr	Councillor
Cr	Councillor

2. Confirm the Terms of Reference for the Audit Advisory Committee as provided in Attachment: 9.16.2(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Herbert, V

27215

That Council:

1. Make the following appointments to the Audit Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Paul Omodei	Councillor
Cr Dean Bavich	Councillor
Cr Cliff Winfield	Councillor
Cr Verrell Herbert	Councillor
Cr Denise Jenkins	Councillor

2. Confirm the Terms of Reference for the Audit Advisory Committee as provided in Attachment: 9.16.2(1) including nominations contained in point 1) above.

CARRIED: 11/0

101

ATTACHMENT

9.16.3 Bush Fire Advisory Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170451
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s previous Terms of Reference is:

Functions	To represent Volunteer Bushfire Brigades within the Municipality and to make recommendations to Council on the following: 1. Annual bushfire budget and relevant financial matters. 2. General management of the Bushfire organisation. 3. Planning, setting standards and works program for fire prevention within the Shire. 4. Formation, rationalisation or winding up of any Bushfire Brigades within the Shire. 5. Standards of equipment that should be provided and maintained under Brigade control. 6. Distribution of firefighting equipment and funding between Brigades. 7. Coordination of training to ensure Brigades can work together efficiently. 8. Implementation of Council's Fire Protection Strategy. 9. Any other matter relating to bushfire control.
Meeting frequency	3 per year
# members	15 + 7 non-voting
Quorum	8

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The proposed new Bushfire Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached reflecting the above.

ATTACHMENT: 9.16.3(1)

STATUTORY ENVIRONMENT:

The Bushfire Advisory Committee is referred to in the Bush Fire Act but is established and operates under the provisions of the Local Government Act.

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Bushfire Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor (proxy)
Mr T Ridley	Community Emergency Services Manager
Mr R Pessotto	CBFCO
Mr B Wren	Deputy CBFCO
Vacant	Walpole Zone
Vacant	Walpole Zone
Mr P Hill	Coastal Zone
Mr T Backhouse	Pemberton West Zone
Mr A Olsen	Pemberton North Zone
Mr T Muir	Manjimup East Zone
Mr B Wren	Manjimup West Zone
Mr F Shaw	Manjimup North West Zone
Mr E Liddelow	Manjimup Central East Zone
Mr T Winfield	Manjimup South West Zone
Mr B Rice	Manjimup South East Zone

PROXIES

Mr S Croft	CESM (proxy)
Vacant	Walpole Zone (proxy)
Mrs K Nickels	Coastal Zone (proxy)
Mr M Ganatta	Pemberton West Zone (proxy)
Mr N Collings	Pemberton North Zone (proxy)
Mr M Connor	Manjimup East Zone (proxy)
Mr S Vidovich	Manjimup West Zone (proxy)
Mr P Tempra	Manjimup North West Zone (proxy)
Mr R Thorn	Manjimup Central East Zone (proxy)
Mr D Fry	Manjimup South West Zone (proxy)
Mr F Pessotto	Manjimup South East Zone (proxy)

2. Confirm the Terms of Reference for the Bush Fire Advisory Committee as provided in Attachment: 9.16.3(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Ventris, M

27216

That Council:

1. Make the following appointments to the Bushfire Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Cliff Winfield	Councillor
Cr Murray Ventris	Councillor (proxy)
Mr T Ridley	Community Emergency Services Manager
Mr R Pessotto	CBFCO
Mr B Wren	Deputy CBFCO
Vacant	Walpole Zone
Vacant	Walpole Zone
Mr P Hill	Coastal Zone
Mr T Backhouse	Pemberton West Zone
Mr A Olsen	Pemberton North Zone
Mr T Muir	Manjimup East Zone
Mr B Wren	Manjimup West Zone
Mr F Shaw	Manjimup North West Zone
Mr E Liddelow	Manjimup Central East Zone
Mr T Winfield	Manjimup South West Zone
Mr B Rice	Manjimup South East Zone

PROXIES

Mr S Croft	CESM (proxy)
Vacant	Walpole Zone (proxy)
Mrs K Nickels	Coastal Zone (proxy)
Mr M Ganatta	Pemberton West Zone (proxy)
Mr N Collings	Pemberton North Zone (proxy)
Mr M Connor	Manjimup East Zone (proxy)
Mr S Vidovich	Manjimup West Zone (proxy)
Mr P Tempra	Manjimup North West Zone (proxy)
Mr R Thorn	Manjimup Central East Zone (proxy)
Mr D Fry	Manjimup South West Zone (proxy)
Mr F Pessotto	Manjimup South East Zone (proxy)

2. Confirm the Terms of Reference for the Bush Fire Advisory Committee as provided in Attachment: 9.16.3(1) including nominations contained in point 1) above.

CARRIED: 11/0

108

ATTACHMENT

9.16.5 Manjimup Recreation Advisory Committee - Review Terms of Reference and Appointments.

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170452
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s proposed Terms of Reference is:

Functions	1. To provide advice to Council on the development, management and promotion of sport and recreation facilities in Manjimup. 2. To make recommendation to Council in regard to matters that will improve the use and sustainability of the sport and recreation facilities in Manjimup for the benefit of the broader community. 3. To provide advice on trends in sport and recreation (e.g. participation rates, regulations, facilities). 4. To guide & provide feedback to Council and staff in relation to strengthening key programs (such as: KidSport, GoodSport, Youth, Seniors, Club Development, Access & Inclusion) 5. To provide feedback and advice in regard to financial matters pertaining to sport and recreation. 6. To provide feedback and advice in terms of Council’s annual adoption of fees and charges. 7. Representative Members acknowledge and accept their role as a representative of their sport (rather than a particular club) and to act as a key liaison for that sport.
Meeting frequency	4 monthly or when required.
# members	12
Quorum	6

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Manjimup Recreation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The Manjimup Recreation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Sport is a major part of the community and the Shire of Manjimup plays an important infrastructure and assistance role.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Manjimup Recreation Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor (Proxy)
Ms Evy Apeldoorn	Manager Community & Recreation
Ms Gail Ipsen Cutts	Director Community Services (Proxy)
Angelo Femia	Football Representative
Vacancy	Football Representative (Proxy)
Anthony Stubberfield	Basketball Representative
Michelle Lyster	Basketball (Proxy)
Jess Durbin	Netball Representative
Tari Jeffers	Netball (Proxy)
Jamie Nicolau	Cricket Representative
Vacancy	Cricket Representative (Proxy)
Vacancy	Soccer Representative
Vacancy	Soccer Representative (Proxy)
Ray Curo	Manjimup Country Club Representative
Margaret Mottram	Manjimup Country Club Representative (Proxy)
Dave Stirling	Warren Equestrian Centre Representative
Karen Trenaman	Warren Equestrian Centre Representative (Proxy)
	Community/Sport/Recreation Member
	Community/Sport/Recreation Member
	Community/Sport/Recreation Member

2. Confirm the Terms of Reference for the Manjimup Recreation Advisory Committee as provided in Attachment: 9.16.5 (1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Daubney, L

27218

That Council:

1. Make the following appointments to the Manjimup Recreation Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Robert Taylor	Councillor
Cr Jayde Salomone	Councillor (Proxy)
Ms Evy Apeldoorn	Manager Community & Recreation
Ms Gail Ipsen Cutts	Director Community Services (Proxy)
Angelo Femia	Football Representative
Vacancy	Football Representative (Proxy)
Anthony Stubberfield	Basketball Representative
Michelle Lyster	Basketball (Proxy)
Jess Durbin	Netball Representative
Tari Jeffers	Netball (Proxy)
Jamie Nicolau	Cricket Representative
Vacancy	Cricket Representative (Proxy)
Vacancy	Soccer Representative
Vacancy	Soccer Representative (Proxy)
Ray Curo	Manjimup Country Club Representative
Margaret Mottram	Manjimup Country Club Representative (Proxy)
Dave Stirling	Warren Equestrian Centre Representative
Karen Trenaman	Warren Equestrian Centre Representative (Proxy)
Peter Simpson	Community/Sport/Recreation Member
Maree Dare	Community/Sport/Recreation Member
Carol Samsa	Community/Sport/Recreation Member

2. Confirm the Terms of Reference for the Manjimup Recreation Advisory Committee as provided in Attachment: 9.16.5 (1) including nominations contained in point 1) above.

CARRIED: 11/0

112

ATTACHMENT

9.16.6 Manjimup Timber and Heritage Advisory Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170453
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s previous terms of reference is:

Functions	1. To provide advice to Council on the orderly development, maintenance and promotion of the Manjimup Timber & Heritage Park. 2. Undertake voluntary work at the Manjimup Timber & Heritage Park.
Meeting frequency	Quarterly
# members	12
Quorum	6

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Manjimup Timber and Heritage Park Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

The proposed new Manjimup Timber and Heritage Park Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.

ATTACHMENT: 9.16.6(1)

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The Manjimup Timber & Heritage Park is important to the Shire for social, recreational and historical purposes.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Manjimup Timber and Heritage Park Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor
Cr	Councillor (Proxy)
Ms Gail Ipsen Cutts	Director Community Services
Ms Evy Apeldoorn	Manager Community & Recreation (Proxy)
Mr Spencer Roberts	Manager Parks Operations
Mr Michael Leers	Director Works and Services (Proxy)
Ms Janine Duncan	Community Gardens Representative
Ms Sheryl Ison	Community Gardens Representative (Proxy)
Mrs Louise Kingston	Business Representative
Vacant	Business representative (Proxy)
Vacant	Community Representative
Vacant	Community Representative
Vacant	Community Representative
Vacant	Manjimup Visitor Centre
Vacant	Manjimup Visitor Centre (Proxy)
Mr Ian Wilson	Historical Society
Mrs Margaret Jacob	Historical Society (Proxy)
Vacant	Indigenous Representative
Vacant	Indigenous Representative (Proxy)
Mrs Yvonne Pegrum	Wood Turners
Vacant	Wood Turners (Proxy)

2. Confirm the Terms of Reference for the Manjimup Timber and Heritage Park Advisory Committee as provided in Attachment: 9.16.6(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Bavich, D

27219

That Council:

1. Make the following appointments to the Manjimup Timber and Heritage Park Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Dean Bavich	Councillor
Cr Jayde Salomone	Councillor
Cr Denise Jenkins	Councillor (Proxy)
Ms Gail Ipsen Cutts	Director Community Services
Ms Evy Apeldoorn	Manager Community & Recreation (Proxy)
Mr Spencer Roberts	Manager Parks Operations
Mr Michael Leers	Director Works and Services (Proxy)
Ms Janine Duncan	Community Gardens Representative
Ms Sheryl Ison	Community Gardens Representative (Proxy)
Mrs Louise Kingston	Business Representative
Vacant	Business representative (Proxy)
Carla Logan	Community Representative
Keith Lidelow	Community Representative
Vacant	Community Representative
Vacant	Manjimup Visitor Centre
Vacant	Manjimup Visitor Centre (Proxy)
Mr Ian Wilson	Historical Society
Mrs Margaret Jacob	Historical Society (Proxy)
Vacant	Indigenous Representative
Vacant	Indigenous Representative (Proxy)
Mrs Yvonne Pegrum	Wood Turners
Vacant	Wood Turners (Proxy)

2. Confirm the Terms of Reference for the Manjimup Timber and Heritage Park Advisory Committee as provided in Attachment: 9.16.6(1) including nominations contained in point 1) above.

CARRIED: 11/0

115

ATTACHMENT

9.16.7 Manjimup Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments.

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170454
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A review of Council Committee appointments / reappointments is required to be made following the Ordinary elections to be held 21 October 2017. This is also an opportunity to review the Terms of Reference for each committee.

A summary of the committee’s previous Terms of Reference is:

Functions	1. To monitor and review the Manjimup Town Centre Revitalisation Plans; 2. Provide advice on priorities; and 3. Assist co-ordinating community participation
Meeting frequency	Quarterly
# members	9
Quorum	5

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Manjimup Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

The proposed new Manjimup Town Centre Revitalisation Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.

ATTACHMENT: 9.16.7(1)

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: Townscape improvements are recognised as contributing towards investment and economic activity.

Social: Attractive townscapes generally diminish the incidence of vandalism and provide the community with a sense of place and pride.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Manjimup Town Centre Revitalisation Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Central Ward Councillor
Cr	Councillor (Proxy)
Mr M Leers	Director Works & Services
Mr S Roberts	Manager Parks Operations (Proxy)
Mr B Robinson	Director Development & Regulation
Mr J Giadresco	Co-ordinator Statutory Planning (Proxy)
	Community Representative
	Community Representative
	Community Representative
	Community Representative
	Community Representative
	Community Representative

2. Confirm the Terms of Reference for the Manjimup Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.7(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Daubney, L

27220

That Council:

1. Make the following appointments to the Manjimup Town Centre Revitalisation Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Paul Omodei	Central Ward Councillor
Cr Robert Taylor	Councillor (Proxy)
Mr M Leers	Director Works & Services
Mr S Roberts	Manager Parks Operations (Proxy)
Mr B Robinson	Director Development & Regulation
Mr J Giadresco	Co-ordinator Statutory Planning (Proxy)
Dr Phillipa Gavranich	Community Representative
Mr David Giblett	Community Representative
Mr Tim Foley	Community Representative
Ms Carla Logan	Community Representative
Ms Mary Nixon	Community Representative
Vacant	Community Representative

2. Confirm the Terms of Reference for the Manjimup Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.7(1) including nominations contained in point 1) above.

CARRIED: 11/0

118

ATTACHMENT

9.16.8 Northcliffe Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170455
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s previous terms of reference is:

Functions	1. To monitor and review the Northcliffe Townscape Plans. 2. Provide advice on priorities. 3. Assist co-ordinating community participation.
Meeting frequency	6 monthly
# members	7
Quorum	4

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Northcliffe Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

The proposed new Northcliffe Town Centre Revitalisation Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.

ATTACHMENT: 9.16.8(1)

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: Townscape improvements are recognised as contributing towards investment and economic activity.

Social: Attractive townscapes generally diminish the incidence of vandalism and provide the community with a sense of place and pride.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Northcliffe Town Centre Revitalisation Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor (proxy)
Mr Michael Leers	Director Works & Services
Mr Spencer Roberts	Manager Parks Operations (Proxy)
Mr Brian Robinson	Director Development & Regulation
Mr Jason Giadresco	Coordinator Statutory Planning (proxy)
	Community Representative
	Community Representative
	Community Representative
	Community Representative

2. Confirm the Terms of Reference for the Northcliffe Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.8(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27221

That Council:

1. Make the following appointments to the Northcliffe Town Centre Revitalisation Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Wendy Eiby	Councillor
Cr Murray Ventris	Councillor (proxy)
Mr Michael Leers	Director Works & Services
Mr Spencer Roberts	Manager Parks Operations (Proxy)
Mr Brian Robinson	Director Development & Regulation
Mr Jason Giadresco	Coordinator Statutory Planning (proxy)
Mrs Kay Gwynne	Community Representative
Ms Oona Ormsby	Community Representative
Mrs Elizabeth Lutter	Community Representative
Mrs Helen Smith	Community Representative
Ms Sonia Hycza	Community Representative

2. Confirm the Terms of Reference for the Northcliffe Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.8(1) including nominations contained in point 1) above.

CARRIED: 11/0

121

ATTACHMENT

9.16.9 Pemberton Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170456
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s existing Terms of Reference is:

Functions	1. To monitor and review the Pemberton Town Centre Revitalisation Plans. 2. Provide advice on priorities. 3. Assist with coordinating community participation.
Meeting frequency	Quarterly
# members	9
Quorum	5

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Pemberton Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

The proposed new Pemberton Town Centre Revitalisation Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.

ATTACHMENT: 9.16.9(1)

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: Townscape improvements are recognised as contributing towards investment and economic activity.

Social: Attractive townscapes generally diminish the incidence of vandalism and provide the community with a sense of place and pride.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Pemberton Townscape Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor
Mr Michael Leers	Director Works & Services
Mr Spencer Roberts	Manager Parks Operations (Proxy)
Mr Brian Robinson	Director Development & Regulation
Mr Jason Giadresco	Coordinator Statutory Planning (proxy)
	Community Representative
	Community Representative
	Community Representative
	Community Representative
	Community Representative

2. Confirm the Terms of Reference for the Pemberton Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.9(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Herbert, V Seconded: Ventris, M

27222

That Council:

1. Make the following appointments to the Pemberton Townscape Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Murray Ventris	Councillor
Cr Verrell Herbert	Councillor
Mr Michael Leers	Director Works & Services
Mr Spencer Roberts	Manager Parks Operations (Proxy)
Mr Brian Robinson	Director Development & Regulation
Mr Jason Giadresco	Coordinator Statutory Planning (proxy)
Colin Wallbank	Community Representative
Vacant	Community Representative
Vacant	Community Representative
Vacant	Community Representative
Vacant	Community Representative

2. Confirm the Terms of Reference for the Pemberton Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.9(1) including nominations contained in point 1) above.

CARRIED: 11/0

124

ATTACHMENT

9.16.10 Plant Replacement Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170382
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10 October 2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s existing terms of reference is:

Functions	1. To review the rolling 10 year Plant Replacement Program (Note the 10 year Plant Replacement Program includes items of plant and equipment the use of which is charged out to jobs and the community bus. The program does not include items of minor plant or light vehicles or those items of plant subject to approval by DFES under the ESL). 2. Consider the merits of proposed new items of Plant 3. Review tender specifications for Plant.
Meeting frequency	Annually
# members	9
Quorum	4

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Plant Replacement Committee comprises Council members, employees and others and only has advisory responsibilities.

The proposed new Plant Replacement Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.

ATTACHMENT: 9.16.10(1)

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: Appropriate plant is essential to effective and efficient provision of Shire services.

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Plant Replacement Committee for the biennial period 26 October 2017 to 18 October 2019.

Mr Andrew Campbell

Mr Michael Leers

Mr Andrew Johns

Mr Greg Lockwood

Councillor

Chief Executive Officer

Director Works and Services

Manager Works

Director Business

2. Confirm the Terms of Reference for the Plant Replacement Committee as provided in Attachment: 9.16.10(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Ventris, M

27223

That Council:

1. Make the following appointments to the Plant Replacement Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Robert Taylor

Cr Murray Ventris

Cr Dave Tapley

Cr Paul Omodei

Cr Dean Bavich

Mr Andrew Campbell

Mr Michael Leers

Mr Andrew Johns

Mr Greg Lockwood

Councillor

Chief Executive Officer

Director Works and Services

Manager Works

Director Business

2. Confirm the Terms of Reference for the Plant Replacement Committee as provided in Attachment: 9.16.10(1) including nominations contained in point 1) above.

CARRIED: 11/0

127

ATTACHMENT

9.16.11 Walpole Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170457
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil

Background:

A summary of the committee’s previous Terms of Reference is:

Functions	1. To develop, monitor and review the Walpole Townscape Plans. 2. Provide advice on priorities 3. Assist co-ordinating community participation 4. Communicate and inform the local community about townscape planning / works
Meeting frequency	Quarterly
# members	7
Quorum	4

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Walpole Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

The proposed Walpole Town Centre Revitalisation Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.

ATTACHMENT: 9.16.11(1)

A list of Community Representative Nominees will be available prior to the commencement of the Council meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identifies the relevant themes and strategies.

Organisational risk management:

Nil

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: Nil

Economic: Townscape improvements are recognised as contributing towards investment and economic activity.

Social: Attractive townscapes generally diminish the incidence of vandalism and provide the community with a sense of place and pride.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Walpole Town Centre Revitalisation Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr	Councillor
Cr	Councillor (Proxy)
Mr Michael Leers	Director Works & Services
Mr Spencer Roberts	Manager Parks Operations (Proxy)
Mr Brian Robinson	Director Development & Regulation
Mr Jason Giadresco	Coordinator Statutory Planning (proxy)
	Community Representative
	Community Representative
	Community Representative
	Community Representative

2. Confirm the Terms of Reference for the Walpole Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.11(1) including nominations contained in point 1) above.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Eiby, W

27224

That Council:

1. Make the following appointments to the Walpole Town Centre Revitalisation Advisory Committee for the biennial period 26 October 2017 to 18 October 2019.

Cr Dave Tapley	Councillor
Cr Wendy Eiby	Councillor (Proxy)
Mr Michael Leers	Director Works & Services
Mr Spencer Roberts	Manager Parks Operations (Proxy)
Mr Brian Robinson	Director Development & Regulation
Mr Jason Giadresco	Coordinator Statutory Planning (proxy)
Mrs Adele Brown	Community Representative
Vacant	Community Representative
Vacant	Community Representative
Vacant	Community Representative

2. Confirm the Terms of Reference for the Walpole Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.11(1) including nominations contained in point 1) above.

CARRIED: 11/0

130

9.16.12 Nomination of Persons to Represent Council on External Committees and Other Bodies.

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
DIRECTORATE:	Statutory & Corporate
FILE REFERENCE:	F160736
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	10/10/2017
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

A review of appointments/reappointments of Council delegates to other bodies is required to be made following the Ordinary Elections to be held on 26 October 2017.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Full details of the contact officers, to each external body are listed in the table under Officer’s Recommendation. These are committees convened by other Government and non-government bodies in our region. It is judicious for the Shire to have a representative on these committees to allow input and feedback to the Shire of information that is relevant to our area.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

The Council’s representation on these groups is considered desirable.

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council appoint the following Council Delegates to Other Bodies for the biennial period 26 October 2017 to 18 October 2019 (or for such shorter term as determined by those groups):

	Local Drug Action Group
	Cr	Councillor
	Cr	Councillor (Proxy)
	Contact: Ms Sharon Wilkinson	Community Development Officer

	Manjimup Chamber of Commerce and Industry
	Cr	Councillor
	Cr	Councillor (Proxy)
	Contact: Ms Gaye Burridge	Corporate Administration Officer

	Manjimup Education Visions Committee
	Cr	Councillor
	Cr	Councillor (Proxy)
	Ms Gail Ipsen Cutts	Director Community Services

	Manjimup Tourist Bureau Inc Management Committee
	Cr	Councillor
	Cr	Councillor (Proxy)
	Contact: Ms Gail Ipsen Cutts	Director Community Services

	Northcliffe Visitor Centre Committee
	Cr	Councillor
	Cr	Councillor (Proxy)
	Contact: Ms Gail Ipsen Cutts	Director Community Services

	Pemberton Visitor Centre Committee
	Cr	Councillor
	Cr	Councillor (Proxy)
	Contact: Ms Gail Ipsen Cutts	Director Community Services

	Regional Road Group
	Cr	Councillor
	Cr	Councillor (Proxy)
	Contact: Mr Michael Leers	Director Works & Services

	South West Zone of the WA Local Government Association
	Cr	Shire President
	Cr	Deputy Shire President (Proxy)
	Contact: Mr Andrew Campbell	Chief Executive Officer



	Walpole Nornalup Visitor Centre Committee
	Cr	Councillor
	Cr	Councillor (Proxy)
	Contact: Ms Gail Ipsen Cutts	Director Community Services

	Warren Blackwood Alliance of Councils
	Cr	Shire President
	Cr	Deputy Shire President
	Contact: Mr Andrew Campbell	Chief Executive Officer (Proxy)

	Warren Water Advisory Committee
	Cr	Councillor
	Cr	Councillor (Proxy)
	Contact: Brian Robinson	Director Development & Regulation

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Tapley, D

27225

That Council appoint the following Council Delegates to Other Bodies for the biennial period 26 October 2017 to 18 October 2019 (or for such shorter term as determined by those groups):

	Local Drug Action Group
	Cr Robert Taylor	Councillor
	Cr Lynn Daubney	Councillor (Proxy)
	Contact: Ms Sharon Wilkinson	Community Development Officer

	Manjimup Chamber of Commerce and Industry
	Cr Denise Jenkins	Councillor
	Cr Paul Omodei	Councillor (Proxy)
	Contact: Ms Gaye Burridge	Corporate Administration Officer

	Manjimup Education Visions Committee
	Cr Wendy Eiby	Councillor
	Cr Jayde Salomone	Councillor (Proxy)
	Ms Gail Ipsen Cutts	Director Community Services

	Manjimup Tourist Bureau Inc Management Committee
	Cr Robert Taylor	Councillor
	Cr Dean Bavich	Councillor (Proxy)
	Contact: Ms Gail Ipsen Cutts	Director Community Services


	Northcliffe Visitor Centre Committee
	Cr Murray Ventris	Councillor
	Cr	Councillor (Proxy)
	Contact: Ms Gail Ipsen Cutts	Director Community Services

	Pemberton Visitor Centre Committee
	Cr Verrell Herbert	Councillor
	Cr Murray Ventris	Councillor (Proxy)
	Contact: Ms Gail Ipsen Cutts	Director Community Services

	Regional Road Group
	Cr Paul Omodei	Councillor
	Cr Cliff Winfield	Councillor (Proxy)
	Contact: Mr Michael Leers	Director Works & Services

	South West Zone of the WA Local Government Association
	Cr Paul Omodei	Shire President
	Cr Cliff Winfield	Deputy Shire President (Proxy)
	Contact: Mr Andrew Campbell	Chief Executive Officer

	Walpole Nornalup Visitor Centre Committee
	Cr Dave Tapley	Councillor
	Cr Wendy Eiby	Councillor (Proxy)
	Contact: Ms Gail Ipsen Cutts	Director Community Services

	Warren Blackwood Alliance of Councils
	Cr Paul Omodei	Shire President
	Cr Cliff Winfield	Deputy Shire President
	Contact: Mr Andrew Campbell	Chief Executive Officer (Proxy)

	Warren Water Advisory Committee
	Cr Lynn Daubney	Councillor
	Cr Paul Omodei	Councillor (Proxy)
	Contact: Vacant	Director Development & Regulation

	Warren Blackwood Alliance of Councils – Local Tourism Organisation
	Cr Paul Omodei	Councillor
	Cr Robert Taylor	Councillor (Proxy)

CARRIED: 11/0

134

10. LATE REPORTS

L.1 Reconsideration of the Warren Blackwood Stock Route Trail Alignment and Campsites

PROPONENT	Warren Blackwood Alliance of Councils
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Various
WARD:	North, East, Coastal and South
ZONE:	Various
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160572
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	24/10/2017
DECLARATION OF INTEREST:	Nil

Background:

Formerly known as the Regional Bridle Trail, the Warren Blackwood Stock Route (WBSR) has been a Warren Blackwood Alliance of Councils (WBAC) project since 2011.

Coordinated by the Shire of Bridgetown-Greenbushes the WBSR is a proposed horse trail that consists of the trail itself with wayfinding, trail marking and interpretation, and basic campsites with shelter, water, ablution and horse facilities. The trail extends from near the Bridgetown town site south to Broke Inlet (Shire of Manjimup) and separately southwest to Kookaburra Road campsite (via the Nannup town site) and uses roads and land under both Local Government and the Department of Biodiversity, Conservation and Attractions (DBCA) control.

At the Council meeting 24 August 2017 Council resolved:

27129

That Council:

1. Endorse the Warren Blackwood Stock Route horse trail in the Shire of Manjimup district including signage, wayfinding and trail marking initiatives funded by existing grant funding;

2. Endorse the location of the Broke Inlet site on the corner of Chesapeake Road and Broke Inlet Road or alternate nearby land managed by the Department of Biodiversity, Conservation and Attraction instead of Reserve 19787 “Camfield”;

3. Endorse the Warren Equestrian Centre, Shannon Campground and Quinninup Caravan Park as the only three dedicated campsites on the Warren Blackwood Stock Route within the Shire of Manjimup district;

4. Request the Warren Blackwood Alliance of Councils allocate funds of $60,000 for Smeathers, Steves Road, and Broke Inlet sites for car parking, basic horse trail rest area infrastructure (no ablutions) and signage;

5. Request the Warren Blackwood Alliance of Councils allocate funds of $35,000 for horse trail campsite infrastructure and signage at the Warren Equestrian Centre Campsite;

6. Engage with the Warren Equestrian Centre Committee to establish agreement, formalised through amendment to the existing Lease with the Shire of Manjimup, on the concept, location and operation of campsite infrastructure;

7. Request the Warren Blackwood Alliance of Councils allocate funds of $25,000 for horse trail campsite infrastructure and signage at the Shannon Campground;

8. Request the Warren Blackwood Alliance of Councils allocate funds of $10,000 to the Quinninup Caravan Park comprising of the Shire of Manjimup contribution to the Warren Blackwood Stock Route for the purpose of horse trail campsite infrastructure and signage;

9. Adopt the Memorandum of Understanding between the Warren Blackwood Alliance of Councils, Department of Biodiversity Conservation and Attractions, and the Shire’s of Bridgetown- Greenbushes, Nannup and Manjimup in accordance with Attachment: 9.1.1 (5);

10. Authorise the Chief Executive Officer to sign the Memorandum of Understanding referred to in point 9);

11. Request that the updated Memorandum of Understanding referred to in point 9) is reconsidered for adoption by all other project partners at their earliest convenience; and

12. Request the Warren Blackwood Alliance of Councils seek variation to the grant agreement for the Warren Blackwood Stock Route from the South West Development Commission to accommodate the decision of the Shire of Manjimup.

Due to some new issues identified with the proposed route alignment (east of South West Highway) between the Son Place campsite (Shire of Bridgetown-Greenbushes) and the Warren Equestrian Centre campsite (Shire of Manjimup) that significantly increased trail distances between those campsites, a reconsideration of the trail alignment was determined necessary as the distance was bordering on being unviable for a day ride horse trail. At the meeting held 3 October 2017 the Warren Blackwood Alliance of Councils resolved:

1. The Warren Blackwood Alliance of Councils agree to continue with the Warren Blackwood Stock Route project generally in accordance with the original project intent;

2. The Project Manager, with the assistance of all Local Government project partners, finalise all Warren Blackwood Stock Route Project planning including route alignments, campsite infrastructure, MOU and any associated matters;

3. The Shire of Manjimup will attempt to identify and obtain the necessary approvals from DBCA for an alternate route alignment west of South Western Highway to reduce the distance of the trail leg between Son Place and the Warren Equestrian Centre;

4. The Warren Blackwood Alliance of Councils convene a special meeting to endorse the finalised planning documentation once it is completed; and

5. The Project Manager seeks financial and other minor project amendments to the Financial Assistance Agreement from the South West Development Commission after the Warren Blackwood Alliance of Council’s have considered the finalised planning documentation.

The Shire of Manjimup met with the DBCA on 23 October 2017 to discuss alternate (west of South West Highway) options for the trail alignment between Son Place and Warren Equestrian Centre. As a result of an inability to use DBCA land that is the subject of Disease Risk Area status without individual permits, preliminary agreement was reached that potentially could use DBCA’s Moriaty Road and then a combination of Shire roads and DBCA roads to get through to the Warren Equestrian Centre. The distance of this proposal is between 42km and 45km which is much more feasible than the 60+km proposed in the original alignment (east of South West Highway).

After the DBCA meeting the Shire of Manjimup met with the project manager (Shire of Bridgetown-Greenbushes) to discuss potential options for the WBSR trail alignment. During constructive discussion the new trail alignment was supported subject to DBCA final approval, confirmation of distance and consideration of other relevant matters. During the discussion, as a show of support to progress the project to the maximum potential and to set aside any previous discord via an offer of goodwill, the Shire of Manjimup raised the potential to locate an additional campsite at Smeathers Road in lieu of car parks and basic horse infrastructure at Broke Inlet, Steves Road and Smeathers Road.

The purpose of this report is for Council to give some detailed consideration of proposed changes to the WBSR within the Shire of Manjimup. The need for Council to consider this matter as a late item is relevant due to the timing of decisions that need to be made by the WBAC and the relevant grant requirements.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Trail Alignment

The proposed new trail alignment from Son Place to Warren Equestrian Centre has very little consequence to the WBSR other than reducing the distance of the trail between the two campsites by more than 15km which will make this trail leg long but viable for horses to travel between the campsites in one day. The additional benefit of this trail alignment is that the Willow Springs campsite (Shire of Nannup) is also approximately 43km from the Warren Equestrian Centre campsite which is also achievable in a day’s horse ride. This proposal is supported by the project manager.

Proposed Smeathers Road campsite

The rationale behind the additional campsite proposal at Smeathers Road is primarily to do with continuity of campsites on the trail between Kookaburra Road (Shire of Nannup) and Shannon Campground (Shire of Manjimup). Under this arrangement horse infrastructure and basic camping facilities would be provided at each location within a day’s horse ride of each other. It is considered that this arrangement would maximise the potential of the WBSR by making it more user friendly.

Any additional campsite will come at further cost to the Shire of Manjimup to operate and maintain however given that the Smeathers Road campsite is located in reasonable proximity to a population centre, the costs should be manageable. It is considered that to effectively operate and maintain each campsite in a very basic condition would be in the order of $3,000 per annum and it is likely that an invested group such as the Warren Equestrian Centre would express some interest in doing this.

Broke Inlet and Steve’s Road

The proposal to include Smeathers Road as a campsite is likely to prevent car parking and basic horse infrastructure at both Broke Inlet and Steves Road due to funding limitations, however the WBSR trail, signage and markers would remain. If insufficient funding existed to complete these locations and dependent on future demand, both sites could be considered in future stages once the trail is fully operational. It is also important to note that whilst no campsite infrastructure is provided at these locations, this does not prevent ad hoc camping in accordance with DBCA’s requirements.

Approval Process

Subject to Council endorsement, the WBAC (via the Warren Blackwood Stock Route Working Group) would need to give approval to the final WBSR project before the South West Development Commission (SWDC) gives consideration to minor changes to the existing Financial Assistance Agreement. Given the project manager’s preliminary support of the alternate trail alignment and Smeathers Road campsite proposed by the Shire of Manjimup, it is likely that the WBAC and SWDC would support the refinement of the proposal.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 allows for the procurement of assets for Local Government purposes.

Policy / Strategic Implications:

The Shire of Manjimup Strategic Community Plan and Corporate Business Plan support the establishment of a range of trail options throughout the district.

Organisational risk management:

The operation of the WBSR would present some liability risks to the organisation that would most likely be covered by insurances. There is probable financial and reputational risk to the Shire if service levels of facilities are not adequate.

Financial Implications:

Under alternate arrangements proposed by the Shire of Manjimup, it is anticipated that the ongoing annual operational and maintenance cost of managing the two WBSR campsites to a very basic standard within the Shire district will be $6,000p.a. This figure excludes any “in kind” resources required by staff to coordinate operations.

Sustainability:

Environmental: Management plans adequately deal with environmental risks particularly on DBCA land. DBCA has recently stipulated that manure management plans are required for each campsite.

Economic: The economic benefit of the proposal is not really known at this point as it is difficult to estimate.

Social: The establishment of recreational trails is considered a way to actively engage health and wellbeing in communities.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Acknowledge the alignment of the Warren Blackwood Stock Route trail between the Son Place campsite and the Warren Equestrian Centre campsite is proposed to be located entirely west of South West Highway;

2. Agree to include the Smeathers Road campsite in addition to Warren Equestrian Centre, Shannon Campground and Quinninup Caravan Park as dedicated campsites on the Warren Blackwood Stock Route within the Shire of Manjimup district; and

3. Acknowledge that the Broke Inlet and Steves Road proposal for car parking and basic horse infrastructure will only occur if sufficient grant funds are available to complete improvements.

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Bavich, D

27226

That Council:

3. Acknowledge that the Broke Inlet and Steves Road proposal for car parking and basic horse infrastructure will only occur if sufficient grant funds are available to complete improvements.

CARRIED: 11/0

Committee Recommendation		Officer’s Comment
1	The Shire be requested to consider the installation of a dual use footpath from the Aged Accommodation to Pier Street.	The Shire has recently adopted the Local Bicycle and Footpath Plan 2017-2027 which deals with the provision of footpaths in the Walpole town site. It is recommended that Council follow the priorities identified in this plan which includes a footpath network in the vicinity of the Walpole Seniors Housing facility.

ROPONENT	Chief Executive Officer
OWNER:	N/A
LOCATION / ADDRESS	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160956
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	9 October 2017
DECLARATION OF INTEREST:	Nil

PROPONENT	Gerald Flanagan
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 82 Windy Harbour Rd, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160897
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	10 October 2017
DECLARATION OF INTEREST:	Nil

PROPONENT	Walpole Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Walpole Town Centre
WARD:	South
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160289
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson / Andrew Campbell
DATE OF REPORT:	7/10/2017
DECLARATION OF INTEREST:	Nil

Functions	1. To review the progress and performance of the Chief Executive Officer against pre-determined objectives. 2. Oversee the appointment process and recommendation to Council of a new Chief Executive Officer.
Meeting frequency	Annually
# members	5
Quorum	3