MINUTES
Council Meeting
18 January 2018
MINUTES
Council Meeting
18 January 2018
TABLE OF CONTENTS
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
2. ANNOUNCEMENTS BY THE PRESIDENT:
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
27296 9.1.1 Exercise of Delegated Power During the Period 7 December 2017 to 5 January 2018
27297 9.1.2 Minutes of the 2017 Annual Electors Meeting held 13 December 2017
27298 9.1.3 October - December 2017 Quarterly Report - Office of the CEO
27300 9.3.1 Council Financial Payments October 2017
27301 9.3.2 Proposed Airfield Hangar Leases
27302 9.3.3 Monthly Financial Activity Statement - November 2017
27303 9.5.2 Delegated Planning Decisions for October, November and December 2017
27305 9.5.4 Proposed Lodging House at No 8 (Lot 2) Kennedy Street, Pemberton
27307 9.13.2 Quarterly Report October to December 2017 - Works and Services Directorate
27308 9.16.3 Minutes of the Plant Replacement Committee Meeting, 7 December 2017
27309 9.5.1 Retrospective Application for Dam Extension at Lot 2066 Kimber Road, Ringbark
27310 9.5.5 Proposed Industry - Extractive (Sand) at Location 9466 (181) Jones Road, Yanmah
27311 9.5.7 Proposed Industry -Extractive at Lot 200 Yarri Road, Balbarrup
27313 9.10.1 Proposed Budget Amendment 2017-2018, Manjimup Wellness and Respite Community Centre
27314 9.13.1 Proposed Budget Ammendment to Install a Stop Sign on Windy Harbour Road
27317 9.14.1 Proposed Budget Amendment to Replace Walpole Playground
9.14.1 Proposed Budget Amendment to Replace Walpole Playground
27319 9.15.1 Minutes of the Airfield Management Committee Meeting held on 29 November 2017
27320 9.15.2 Minutes of the Local Emergency Management Committee 23 November 2017
27321 9.16.1 Meeting Minutes of Manjimup Recreation Advisory Committee Meeting held 11 December 2017
27322 9.16.2 Minutes of the Access and Inclusion Advisory Committee Meeting Held 8 December 2017
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING..
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:
14. MEETING CLOSED TO THE PUBLIC:
15. APPLICATIONS FOR LEAVE OF ABSENCE:
Minutes of the Ordinary Meeting of Council held in the Council Chamber Manjimup, Thursday, 18 January 2018.
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
The shire President declared the meeting open at 5.30pm.
2. ANNOUNCEMENTS BY THE PRESIDENT:
The Shire President made the following announcements:
· Manjimup Senior High School achieved outstanding results in school rankings coming in at number 8 with the ATAR results.
· WA Police operation ‘Zagros’ successful drug enforcement operation programme made a number of arrests in Manjimup with information received from the general public.
· The Chief Executive Officer and Shire President met with WALGA President Lynne Craigie and CEO Ricky Burges.
· The Pemberton Camp School closure announcement by the State Government is very disappointing and I have written to the Premier asking that it remain open. Cr Eiby has a petition going around asking the State Government to rescind their decision to close the Camp School.
· Manjimup Recreation Plaza, currently under construction, is being used by young people which is dangerous. If you see anyone playing on it please ask them to leave.
· On the day of the Cherry Festival I had a meeting with the Premier and the CEO and I had a meeting with the Minister for Regional Development.
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
Dianna Western
Paul Tognela
Paul Starkie
Peter Tuthill
Andy Tuthill
David Giblett
Nancy Giblett
Peter Needs
Media
Tari Jeffers
3.1 Apologies: Nil
3.2 Leave Of Absence: Nil
The Chief Executive Officer advised that he has received Financial Interest Declarations from Councillors Winfield, Daubney, and Taylor, a Proximity Interest Declaration from Cr Jenkins and an Impartiality Interest Declaration from Cr Taylor.
Councillor Taylor declared a Financial Interest in Item 9.13.1 as he is the leaseholder of site 239 Windy Harbour and Item 9.10.1 as Warren Electrical Service is the electrical contractor for the Wellness and Respite Centre. Cr Taylor also declared an Impartiality Interest in Item 9.5.1 as Jason Buckley is employed by Warren Electrical Service.
Councillor Winfield declared a Financial Interest in Item 9.9.1 as his wife consults to Shire of Manjimup on Town Centre Revitalisation Project.
Councillor Daubney declared a Financial Interest in Item 9.13.1 as she is the leaseholder of Site 114 Windy Harbour.
Councillor Jenkins declared a Proximity Interest in Item 9.5.5 as her partner owns the property adjoining - Location 9465.
5. PUBLIC QUESTION TIME:
5.1 Response to public questions taken on notice: Nil
5.2 Public Question Time
5.2.1 Paul Tognela – Prime Earthmoving – Item 9.5.7 Proposed Industry -Extractive at Lot 200 Yarri Road, Balbarrup
· We focus on a strategic area to harvest gravel at 6,000 – 9,000 tons per hectare.
· It is difficult to choose areas that don’t affect agriculture, houses or traffic.
· Work with Shire and Main Roads to ensure that we are doing everything legally required of us.
· All our drivers must abide by the Safety rules and sign a safety agreement.
· All trucks have ‘dashcams’ and if there is an incident we can go straight to it for information.
· There is a large amount of communication that goes on between trucks and there are call up points that must be used when travelling.
· The majority of good gravel has been harvested and now gravel is having to be sourced from degraded land which has rock and sand.
· We are very aware of the safety of school children and families in the areas we work.
5.2.2 Colin Crombie – Windy Harbour.
· Mr Crombie read from a prepared statement which is attached. ATTACHMENT: 5.2.2(1)
Shire President responded: Corrections will be made to the minutes.
Director Works and Services responded: Have had numerous traffic counts over the years, and the last count was done in May 2017 with an average of about 100 vehicles per day.
The design for that intersection has been presented to Main Roads for their comment and feedback.
With regard to the grant funding, application, will be decided by the feedback from Main Roads.
5.2.3 Dianna Western – Item 9.5.1 Retrospective Application for Dam Extension at Lot 2066 Kimber Road, Ringbark.
· A small dam was built just above our house. Mainly for stock and wasn’t an issue.
· In early 2017 the neighbours extended the dam which still wasn’t an issue until they started pumping water from neighbouring dams and increased the amount of water in the dam.
· I contacted the Shire and spoke to Jason Giadresco who decided to have a look at the dam. He advised that he has a concern with the structure of the dam.
· It appeared that the dam was leaking water across the road reserve and onto our property.
· The Shire brought in 2 truckloads of shale to try to divert the water from our house.
· It was suggested that we take photos of the house and possible damage to the foundations of our house.
· Contacted the owners to see if the issue could be resolved, however their response was that as we had already dealt with the Shire they would only negotiate with the Shire.
· A trench was built to move the water away from the Road Reserve, however it doesn’t appear to solved anything as there is still water in the trench.
5.2.4 Peter Needs – Manjimup.
· Can we organise a Foodbank Agency in Manjimup.
· Cost to do so is almost zero.
· Would bring more people to the town from surrounding areas.
· Can the Warren Blackwood Alliance of Shires become involved in an Innovation Hub in 2018.
· Have a look at the Youtube clip by Steven Berlin Johnson called “Where good ideas come from”. It is very informative.
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:
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil
|
Moved: Taylor, R Seconded: Tapley, D
“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 92 of the Agenda with the exception of:
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Retrospective Application for Dam Extension at Lot 2066 Kimber Road, Ringbark |
|
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Proposed Industry - Extractive (Sand) at Location 9466 (181) Jones Road, Yanmah |
|
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Proposed Industry -Extractive at Lot 200 Yarri Road, Balbarrup |
|
|
Proposed Award of Tender RFT 10-17 Exhibition Design and Fit-Out South West Energy Experience |
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Proposed Budget Amendment 2017-2018, Manjimup Wellness and Respite Community Centre |
|
|
Proposed Budget Amendment to Install a Stop Sign on Windy Harbour Road |
|
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Proposed Budget Amendment to Replace Walpole Playground |
|
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Proposed Transfer of Funds from the Playground Major Repair Reserve for Maintenance of the Timber and Heritage Park Playground |
|
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Minutes of the Airfield Management Committee Meeting held on 29 November 2017 |
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Minutes of the Local Emergency Management Committee 23 November 2017 |
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Meeting Minutes of Manjimup Recreation Advisory Committee Meeting held 11 December 2017 |
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Minutes of the Access and Inclusion Advisory Committee Meeting Held 8 December 2017 |
Items passed by En Bloc Resolution
9.1.1 Exercise of Delegated Power During the Period 7 December 2017 to 5 January 2018
9.1.2 Minutes of the 2017 Annual Electors Meeting held 13 December 2017
9.1.3 October - December 2017 Quarterly Report - Office of the CEO
9.1.4 Western Australian Local Government Association - State Government Local Government Act Review
9.3.1 Council Financial Payments October 2017
9.3.2 Proposed Airfield Hangar Leases
9.3.3 Monthly Financial Activity Statement - November 2017
9.5.2 Delegated Planning Decisions for October, November and December 2017
9.5.3 Amendments to Residential Design Codes of Western Australia - State Planning Policy No 3.1
9.5.4 Proposed Lodging House at No 8 (Lot 2) Kennedy Street, Pemberton
9.5.6 Retrospective Application for 'Dwelling - Single' at Lot 26 (73) Jacksonii Avenue, Walpole
9.13.2 Quarterly Report October to December 2017 - Works and Services Directorate
9.16.3 Minutes of the Plant Replacement Committee Meeting, 7 December 2017
9.1.1 Exercise of Delegated Power During the Period 7 December 2017 to 5 January 2018
|
PROPONENT: |
Shire of Manjimup |
|
OWNER: |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
All |
|
DIVISION: |
Office of the CEO |
|
FILE REFERENCE: |
F161497 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
6 January 2017 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
On 7 December 2017 Council resolved:
“That Council delegate to the Chief Executive Officer for the period 7 December 2017 to 5 January 2018 power to determine matters which cannot be held over until the 18 January 2018 ordinary Council meeting subject to this delegation being limited to:
1. Subject to restrictions below, any matter that arises during the delegated period;
2. Any matter advertised for public comment to which no valid objection has been received;
3. Any matter to which the Shire President and relevant Ward Councillor/s raise no objection;
4. Preclusion of those matters with delegation prohibition under the Local Government Act 1995; and
5. A report being presented to the 18 January 2018 Council meeting detailing any such delegations exercised.”
The purpose of this report is to report back to Council that one occurrence of the exercise of delegated authority by the Chief Executive Officer has occurred during the period.
Consultation Undertaken:
Nil
COMMENT (Includes Options):
It was determined that one instance of delegated authority provided to the Chief Executive Officer by Council from 7 December 2017 to 5 January 2018 that was unable to be held over until 18 January 2018 Council meeting due to statutory timeframe compliance.
At its meeting held on 14 September 2017, Council granted conditional approval to Statewide Resources located at Lot 1 (No 27685) South Western Highway, Balbarrup (commonly known as the Gateway Motel) for an additional transportable accommodation unit, being a self-contained double bedroom unit, and two shipping containers. The structures were to be located on the eastern side (rear) of the existing development.
In late November 2017, an application for Development Approval was received seeking to vary the approved plans relating to the transportable accommodation. The modifications sought were as follows:
· Modifying the location of the transportable building to the northern edge of the existing development;
· Modifying the form of the accommodation from a double bedroom to a four single bed accommodation unit; and
· The addition of a verandah to the front of the unit.
Approval was granted to the revised plans on 18 December 2017 under delegated authority on the basis that the new location complied with required setbacks, parking requirements and waste water outputs being comparable. Copies of the approved plans detailing the revisions are shown attached.
ATTACHMENT: 9.1.1(1)
There were no other instances of delegated authority exercised during the period 7 December 2017 to 5 January 2018.
ORGANISATIONAL RISK:
Nil
STATUTORY ENVIRONMENT:
Local Government Act 1995, Section 5.42.
Policy / Strategic Implications:
In accordance with past standard practice, Council resolved to provide delegated authority to the Chief Executive Officer during the break between Council meetings that occurs at the turn of each year.
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council note that delegated authority was exercised on 18 December 2017 by the Chief Executive Officer to determine an amendment to the Development Approval for Transportable Accommodation approved by Council on 14 September 2017 to Statewide Resources located at Lot 1 (No 27685) South Western Highway, Balbarrup.
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Moved: Taylor, R Seconded: Tapley, D
That Council note that delegated authority was exercised on 18 December 2017 by the Chief Executive Officer to determine an amendment to the Development Approval for Transportable Accommodation approved by Council on 14 September 2017 to Statewide Resources located at Lot 1 (No 27685) South Western Highway, Balbarrup.
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
12
9.1.2 Minutes of the 2017 Annual Electors Meeting held 13 December 2017
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PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
All |
|
DIVISION: |
Office of the CEO |
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FILE REFERENCE: |
F161546 |
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LEGISLATION: |
Local Government Act 1995, Sections 5.27, 5.29 and 5.33 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
15 December 2017 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The 2017 Annual Electors Meeting was held in the JC Rose room on Wednesday 13 December 2017. Four electors (Nancy Giblett, David Giblett, Mary Nixon and Alan Lloyd), one Councillor (Cr Omodei) and one staff member (Andrew Campbell) attended.
Attached are the minutes of the Annual Electors Meeting held 13 December 2017. The minutes have been publically available on the Shire’s website or in person since 15 December 2017.
ATTACHMENT: 9.1.2(1)
Consultation Undertaken:
Notice of the Annual Electors Meeting was advertised for the minimum statutory requirement of 14 days in the Manjimup Bridgetown Times and in the Shire Scene plus it was also placed on the Shire website, public notice boards and through Antenno.
COMMENT (Includes Options):
There were no resolutions passed at the Annual Electors Meeting requiring formal consideration by the Council.
STATUTORY ENVIRONMENT:
Sections 5.27, 5.29 and 5.33 of the Local Government Act 1995 require an Annual Electors Meeting to be held each year and for decisions made at such meeting to be considered by the Council.
Policy / Strategic Implications:
Nil.
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the minutes of the 2017 Annual Electors Meeting held 13 December 2017 as shown in Attachment 9.1.2(1) and note the matters raised by the electors at the meeting.
|
Moved: Taylor, R Seconded: Tapley, D
That Council receive the minutes of the 2017 Annual Electors Meeting held 13 December 2017 as shown in Attachment 9.1.2(1) and note the matters raised by the electors at the meeting.
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
14
9.1.3 October - December 2017 Quarterly Report - Office of the CEO
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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: |
2 January 2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A report outlining activities for quarter ending 31 December 2017 for the Office of the Chief Executive Officer is attached.
ATTACHMENT: 9.1.3(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The report outlines progress on key activities undertaken by the Office of the CEO for the quarter and focus for the forthcoming quarter. The purpose of the report is to inform Councillors and provide an opportunity to respond to any queries arising on those activities.
STATUTORY ENVIRONMENT:
Nil
Policy / Strategic Implications:
Nil
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the October – December 2017 Quarterly Report – Office of the CEO as contained in Attachment: 9.1.3(1).
|
Moved: Taylor, R Seconded: Tapley, D
That Council receive the October – December 2017 Quarterly Report – Office of the CEO as contained in Attachment: 9.1.3(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
16
APPENDIX
9.1.4 Western Australian Local Government Association - State Government Local Government Act Review
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PROPONENT |
Shire of Manjimup |
|
OWNER |
Western Australian Local Government Association |
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LOCATION / ADDRESS: |
N/A |
|
WARD: |
All |
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ZONE: |
All |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F160489 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
3/01/2018 |
|
DECLARATION OF INTEREST: |
This item has questions specifically relating to the position of Chief Executive Officer however the questions are considered an interest in common because of their generic consultative nature and not being specific to the Shire of Manjimup. |
Background:
In June 2017, the Minister for Local Government, Hon David Templeman wrote to the Western Australian Local Government Association (WALGA) announcing the commencement of the review of the Local Government Act 1995.
The Minister has indicated that the review would consist of two stages comprising:
Phase 1: ‘Modernising local government’ - 2017
· Increasing participation in local government elections
· Strengthening public confidence in local government elections
· Making information available online
· Restoring public confidence (includes the gift provisions)
· Reducing red tape
· Regional Subsidiaries
Phase 2: ‘Services for the community’ - 2018
· Increasing community participation
· Improving financial management
· Improving behaviour and relationships
· Reducing red tape
WALGA produced a discussion paper for Phase 1 based on existing policy position plus new proposals and Council considered the matter on 5 October 2017 with the response provided by the Shire to WALGA the following day.
APPENDIX: 9.1.4(A)
Since this time the Department of Local Government, Sport and Cultural Industries (“the Department”) has produced their own discussion paper very late in 2017 seeking feedback from Local Government. WALGA has responded with a further request for input into the Department’s discussion paper inclusive of their position established from the previous consultation.
The purpose of this report is to provide feedback to WALGA and the Department on the Phase 1 review of the Local Government Act.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Unfortunately due to the timing of the discussion paper, Council has not had the opportunity to workshop a consolidated response. Whilst the discussion paper was launched in November 2017, further detail was only provided in December 2017 Department workshops leaving very little time over the Christmas and New Year break to coordinate a response. Irrespective, a thorough review of the discussion paper has been undertaken by the Chief Executive Officer and relevant comment provided for Council’s consideration. It should be noted that a number of the matters raised in the Department’s discussion paper have already been provided to WALGA after the Council resolution on 5 October 2017. The discussion paper with response is attached.
ATTACHMENT: 9.1.4(1)
STATUTORY ENVIRONMENT:
The review of the Local Government Act 1995 is critical to all Local Government organisations as it represents an opportunity to provide significant input into the statutory basis of the operation of Local Government in Western Australia.
Policy / Strategic Implications:
Prospective amendments to the Local Government Act 1995 may require reconsideration of several strategic and policy positions of the Shire of Manjimup.
Organisational risk management:
Nil
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council adopt Attachment: (1) as the submission to the Western Australian Local Government Association and Department of Local Government, Sport and Cultural Industries into the State Government’s Local Government Act Review.
|
Moved: Taylor, R Seconded: Tapley, D
That Council adopt Attachment: (1) as the submission to the Western Australian Local Government Association and Department of Local Government, Sport and Cultural Industries into the State Government’s Local Government Act Review. ADOPTED BY EN BLOC RESOLUTION: 11/0 |
19
9.3.1 Council Financial Payments October 2017
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
Whole of Shire |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F1600967 |
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LEGISLATION: |
Local Government (Financial Management) Regulations 1996 |
|
AUTHOR: |
Kaylee Blee |
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DATE OF REPORT: |
21 December 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 $1,888,972.49 for the month of October 2017 are itemised in the attachment and in the Corporate Card Statement listed below.
ATTACHMENT: 9.3.1(1)
Vouchers for the expenditure are available for inspection at the Council Meeting of 18 January 2018.
|
Fund |
Vouchers |
Amount |
|
Municipal |
90531 – 90704 |
$214,553.73 |
|
Trust Fund |
– |
$0 |
|
Total Cheques for Month of October 2017 |
$214,553.73 |
|
Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 18 January 2018.
|
Fund |
Batch |
Amount |
|
Municipal |
310 - 318 |
$1,668,442.67 |
|
Total EFT for Month of October 2017 |
$1,668,442.67 |
|
Corporate Credit Card October 2017 – Municipal Account
|
99999.908.99 |
Westnet Internet services 1/10/17 – 1/11/17 |
$925.54 |
|
|
20031.198.52 |
Mont Clare Apartments Accommodation RO & AFSO |
$197.10 |
|
|
66.4999.7300.57 |
Adobe Creative Cloud Creative cloud monthly subscription CAO |
$52.10 |
|
|
20468.198.52 |
The Peninsula South Perth Accommodation MC&R - LG Act course |
$191.20 |
|
|
20219.200.52 |
Manjimup Monograms Embroided work jacket DCS |
$133.80 |
|
|
93.8857.3240.50 |
Target Manjimup Various Towels & Mats for Wellness Centre |
$640.00 |
|
|
66.4999.3240.57 |
Bibbulmun Track Foundation Perth Membership renewal – 3 years |
$350.00 |
|
|
20441.432.57 |
Coles Manjimup Working life AGM catering (Timber Park) |
$95.04 |
|
|
85.4220.7328.57 85.4220.312.57 |
Wex Australia (Woolworths) Groceries, storage bags, & cleaning sponges for Café Lil |
$73.28 |
|
|
20260.198.52 |
University of Western Australia Parking DWS – Training in Perth |
$10.00 |
|
|
20410.400.52 |
Varidesk AU Pty Ltd Pro plus work desk |
$550.00 |
|
|
20412.197.57 |
Warren Electrical Service Mouse Pest Repeller Ultrasonic |
$36.00 |
|
|
TK212.4.57 |
Bosston Auto Bodies 100mm fold down vice holder |
$164.55 |
|
|
Various |
Brown Davis Automotive Bayswater Tailgate Seal Kits |
$159.80 |
|
|
20260.198.52 |
Centre for Pavement En Box Hill Pavement design workshop STO |
$395.00 |
|
|
20496.197.58 |
Peppers/Mantra/Bkfree Accommodation DWS to attend WADE event |
$170.86 |
|
|
20049.197.57 |
Patricia Ann Keegan (Bello Torta) SMT Meeting meal ST:5 |
$117.70 |
|
|
20033.197.57 |
Tall Timbers Auditors meeting meal ST:3 NS:2 |
$146.20 |
|
|
20252.754.58 |
Pan Pacific Perth Accommodation CEO NEDC 2017 ED Awards |
$323.52 |
|
|
20252.754.58 |
Ballarat Taxi Taxi fares CEO attend NEDC 2017 ED Awards |
$52.59 |
|
|
86.4999.6405.57 |
Adobe Creative Cloud Creative cloud CS7 Suite for PRO |
$74.76 |
|
|
20252.754.58 |
Perth Airport Pty Ltd Airport Parking CEO NEDC 2017 ED Awards |
$101.35 |
|
|
20252.754.58 |
Black Cab VIC |
$65.31 |
|
|
20111.29.52 |
Sebel Mandurah Accommodation – PEHO attend Training in Perth |
$809.39 |
|
|
20496.417.57 |
Tall Timbers Meals – 2x NDIS Auditors, DDR & MPG |
$141.00 |
|
|
Total Credit Card Payments |
$5,976.09 |
||
|
Total Payments for the month October 2017 |
$1,888,972.49 |
||
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 October 2017 totalling $1,888,972.49 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).
|
Moved: Taylor, R Seconded: Tapley, D
That Council receive the accounts paid during October 2017 totalling $1,888,972.49 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
23
9.3.2 Proposed Airfield Hangar Leases
|
PROPONENT |
G Robinson and M Lefroy |
|
OWNER |
Crown (Management Order to Shire) |
|
LOCATION / ADDRESS: |
Reserve 33588, Lot 3005 Dawn Rd, Manjimup |
|
WARD: |
Central |
|
ZONE: |
Public Purposes - Airfield |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F180033, F180034 |
|
LEGISLATION: |
Local Government Act 1995 Land Administration Act 1997 |
|
AUTHOR: |
Jasmine Bamess |
|
DATE OF REPORT: |
5 January 2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup has the Management Order for Reserve 33588, being the Manjimup Airfield. At the meeting of 7 December 2017 Council approved a new lease to the Manjimup Aero Club Inc for portion of the Airfield Reserve, being a reduced area from their previous lease to exclude two privately owned hangars. It is now proposed to establish direct leases with the owners of those hangars.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
There are six other commercial/private hangar leases on the Airfield reserve and the same arrangements should be in place for these two hangars. This will provide the hangar owners with security of tenure and ensure the correct lease fees and rates are charged. The leases will be on a vacant land only basis. The hangars are existing and the proposed leases are to formalise tenure with the current owners of those hangars.
The six existing leases are due to expire in 2018. Those leases were for ten years terms with five year renewal options and it is proposed to use these terms again.
The lease area will be the footprint of the hangar, approximately 122m2 each.
STATUTORY ENVIRONMENT:
Section 3.58 of the Local Government Act 1995 requires Council to advertise intention to lease and then to consider any submissions.
Policy / Strategic Implications:
The proposed lease terms and conditions are in accordance with Council’s Property Leasing Policy 4.2.8.
Organisational risk management:
Nil
Financial Implications:
The lease fees will be set by a current market valuation. Rates are also payable by the lessees.
The lessees are responsible for costs associated with lease preparation, including document preparation, obtaining a valuation and advertising public notice.
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Advertise the Shire of Manjimup’s intention to lease portion of Airfield Reserve 33588 to Gary Robinson, with the following conditions:
a) lease term of ten years, with a renewal option of a further five year term;
b) lease fee to be set by a current market valuation and reviewed annually in accordance with CPI increases;
c) consideration of any submissions received within a two week period in accordance with Section 3.58 of the Local Government Act 1995; and
d) the lessee being responsible for the lease preparation expenses.
2. Advertise the Shire of Manjimup’s intention to lease portion of Airfield Reserve 33588 to Maxwell Lefroy, with the following conditions:
a) lease term of ten years, with a renewal option of a further five year term;
b) lease fee to be set by a current market valuation and reviewed annually in accordance with CPI increases;
c) consideration of any submissions received within a two week period in accordance with Section 3.58 of the Local Government Act 1995; and
d) the lessee being responsible for the lease preparation expenses.
|
Moved: Taylor, R Seconded: Tapley, D
That Council: 1. Advertise the Shire of Manjimup’s intention to lease portion of Airfield Reserve 33588 to Gary Robinson, with the following conditions: a) lease term of ten years, with a renewal option of a further five year term; b) lease fee to be set by a current market valuation and reviewed annually in accordance with CPI increases; c) consideration of any submissions received within a two week period in accordance with Section 3.58 of the Local Government Act 1995; and d) the lessee being responsible for the lease preparation expenses. 2. Advertise the Shire of Manjimup’s intention to lease portion of Airfield Reserve 33588 to Maxwell Lefroy, with the following conditions: a) lease term of ten years, with a renewal option of a further five year term; b) lease fee to be set by a current market valuation and reviewed annually in accordance with CPI increases; c) consideration of any submissions received within a two week period in accordance with Section 3.58 of the Local Government Act 1995; and d) the lessee being responsible for the lease preparation expenses. ADOPTED BY EN BLOC RESOLUTION: 11/0 |
27
9.3.3 Monthly Financial Activity Statement - November 2017
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Whole Shire |
|
LOCATION / ADDRESS: |
Whole Shire |
|
WARD: |
Whole Shire |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F160188 |
|
LEGISLATION: |
Local Government Act 1995; Local Government (Financial Management) Regulations 1996 |
|
AUTHOR: |
Greg Lockwood |
|
DATE OF REPORT: |
6 January 2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Financial Management Regulations require monthly Financial Activity Statement reports to be prepared and presented to Council, containing the following information;
ü Annual budget estimates;
ü Estimates to end of month;
ü Actual expenditure;
ü Actual income;
ü Material variances; and
ü Net current assets.
The Financial Activity Statement report for the period to 30 November 2017 is attached. The report is summarised by Function/Activity with operating comments via department.
ATTACHMENT: 9.3.3(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The financial performance for the Shire of Manjimup to the 30 November 2017 is a projected deficit $3,077.
The $3,077 deficit is a projection based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under/over expenditure in other areas as the Shire progress through the financial year.
In brief the projected figures in most cases, assumes that the expenditure to 30 November 2017 continue at the same rate to 30 June 2018. Where an asterisks appears in the “Adj” column in the Management Reports, the formula has been changed to reflect the irregular purchase, or seasonal nature of that particular account. It should be noted that where a projected under expenditure might occur, the budgeted figure is still maintained.
On review of the November 2017 accounts there have been no significant issues come to light. There are many minor variations both over and under budget and it is anticipated these variance will neutralise each other.
Generally the accounts look to be meeting budget, but there are accounts that will require continued monitoring as we progress to 30 June 2018. Road Maintenance has been mentioned previously as requiring close scrutiny, this is particularly important after the wiping out of approximately $155,000 in funding by the State Government from the line item. In November 2017 the four categories of Road Maintenance sit at 47.04%. While not excessively high compared to previous years the Works Directorate will need to keep control of the account over the coming months leaving sufficient budget for the last quarter of the financial year where Works employees will move from Infrastructure to maintenance works.
There have been no major issues arise in the 5 months of 2017/18 and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2018.
STATUTORY ENVIRONMENT:
Section 6.8 Local Government Act and Financial Management Regulation 34.
Policy / Strategic Implications:
Nil
Organisational risk management:
Nil
Financial Implications:
As described in above summary.
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the Monthly Financial Activity Statement Report for November 2017 as per Attachment: 9.3.3 (1).
|
Moved: Taylor, R Seconded: Tapley, D
That Council receive the Monthly Financial Activity Statement Report for November 2017 as per Attachment: 9.3.3 (1).
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
30
9.5.2 Delegated Planning Decisions for October, November and December 2017
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Various |
|
LOCATION / ADDRESS: |
Various |
|
WARD: |
Various |
|
ZONE: |
Various |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F170085 |
|
LEGISLATION: |
Local Government Act 1995 Planning and Development Act 2005 |
|
AUTHOR: |
Samantha Simmonds |
|
DATE OF REPORT: |
8 January 2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
In order to ensure the efficient and timely processing of planning related applications, Council delegates authority to the Chief Executive Officer to conditionally approve Applications for Planning Approval that meet the requirements of both Local Planning Scheme No 4 (the Scheme) and adopted Council Policy.
Delegated planning decisions are reported to Council on a monthly basis to ensure that Council has an appropriate level of oversight on the use of this delegation. A Register of Delegated Planning Approvals, detailing those decisions made under delegated authority in October, November and December 2017 is attached.
ATTACHMENT: 9.5.2(1)
PUBLIC Consultation Undertaken:
As shown at Attachment: 9.5.2(1), each application has been advertised in accordance with the Scheme and Council’s adopted Local Planning Policy as detailed in the Policy/Strategic Implications section of this agenda item.
COMMENT (Includes Options):
During October 2017, eighteen (18) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for October 2017 compared to October 2016:
Table 1: Planning Decisions Made October 2016 and 2017
|
|
October 2016 |
October 2017 |
|
Delegated Decisions |
16 ($999,658) |
18 ($339,900) |
|
Council Decisions |
8 ($253,500) |
9 ($489,916) |
|
Total |
24 ($1,253,158) |
27 ($829,816) |
During November 2017, twelve (12) development applications were determined under delegated authority. Table 2 shows the number and value of development applications determined under both delegated authority and by Council for November 2017 compared to November 2016:
Table 2: Planning Decisions Made November 2016 and 2017
|
|
November 2016 |
November 2017 |
|
Delegated Decisions |
16 ($864,379) |
12 ($552,060) |
|
Council Decisions |
4 ($156,000) |
7 ($1,051,500) |
|
Total |
20 ($1,020,379) |
19 ($1,603,560) |
During December 2017, six (6) development applications were determined under delegated authority. Table 3 shows the number and value of development applications determined under both delegated authority and by Council for December 2017 compared to December 2016:
Table 3: Planning Decisions Made December 2016 and 2017
|
|
December 2016 |
December 2017 |
|
Delegated Decisions |
7 ($159,000) |
7 ($127,783) |
|
Council Decisions |
4 ($50,000) |
4 ($83,500) |
|
Total |
11 ($209,000) |
10 ($191,283) |
Table 4 compares the Year-To-Date statistics for delegated authority and Council decisions for 2017-18 compared to the previous Financial Year:
Table 4: Planning Decisions Made Year-To-Date 2016-17 and 2017-18
|
|
YTD 2016-17 |
YTD 2017-18 |
|
Delegated Decisions |
68 ($3,860,663) |
76 ($3,935,709) |
|
Council Decisions |
28 ($1,353,840) |
42 ($19,348,916) |
|
Total |
96 ($5,214,503) |
117 ($23,264,625) |
STATUTORY ENVIRONMENT:
The Scheme is a Local Planning Scheme, made in accordance with the Planning and Development Act 2005 and associated regulations. Part 8 of the Scheme states that Council’s prior planning consent is required for all developments (including land use), except those developments identified within Part 8.4 as being Permitted Development.
In accordance with Part 11.3 of the Scheme, Council has delegated a number of planning powers to the Chief Executive Officer. These powers have been on-delegated by the Chief Executive Officer to other staff in accordance with clause 11.3.3 of Local Planning Scheme No 4.
Clause 11.3.5 of the Scheme requires that a delegation under the Scheme is consistent with sections 5.45 and 5.46 of the Local Government Act 1995 (LG Act) and the regulations referred to in clause 5.46 of that Act. Regulation 19 of the Local Government (Administration) Regulations 1996 requires that a written record of each delegated decision is kept.
Policy / Strategic Implications:
Applications for Planning Approval must be assessed against requirements of the Scheme and Local Planning Policies that have been adopted in accordance with Part 2 of the Scheme. These Policies include Local Planning Policy LPS4 6.1.2 Advertising of Planning Proposals which details the level and scope of advertising required for Applications for Planning Approval.
Each application processed under delegated authority has been processed and advertised, and has been determined to be consistent with the requirements of all adopted Local Planning Policies.
Organisational risk management:
Nil.
Financial Implications:
The required planning fees have been paid for all applications for Planning Approval processed under delegated authority.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receives the report on Delegated Development Approvals for October, November and December 2017 as attached at 9.5.2(1).
|
Moved: Taylor, R Seconded: Tapley, D
That Council receives the report on Delegated Development Approvals for October, November and December 2017 as attached at 9.5.2(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
33
9.5.3 Amendments to Residential Design Codes of Western Australia - State Planning Policy No 3.1
|
PROPONENT |
Western Australian Planning Commission |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Various |
|
WARD: |
All |
|
ZONE: |
Town Centre/Residential Zones |
|
DIRECTORATE: |
Development & Regulation |
|
FILE REFERENCE: |
F161201 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Brian Robinson |
|
DATE OF REPORT: |
2 January 2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
As elected members may be aware, the Residential Design Codes of Western Australia (R-Codes) provide a comprehensive basis for the control of residential development throughout the state. The R-Codes prescribe minimum site areas, setbacks and other requirements, based on densities that are reflected on Local Planning Scheme maps.
The current the R-Codes were gazetted as State Planning Policy No 3.1(SPP 3.1) in August 2013 and were subsequently amended in November 2015. The primary purpose of the November 2015 amendments was to modify provisions and requirements for the establishment of multiple dwellings, being where dwellings built either partially or wholly above another dwelling.
Advice has now been received from the Western Australian Planning Commission (WAPC) that a further set of amendments have been endorsed by the Minister for Planning and were subsequently endorsed for gazettal. The new transitions will come into effect on 16 March 2018.
By way of summary, the modifications:
a) bring the document into line with the Planning and Development Regulations 2015 (Deemed to Apply Provisions); and
b) correct errors and/or omissions from the November 2015 amendments.
A list of the approved amendments are shown attached.
ATTACHMENT: 9.5.3(1)
Although the current amendments are not substantial, they have highlighted that the Shire is yet to respond to the previous changes to Multiple Dwelling provisions. Councillors are requested to consider the implications of the modifications and the need to prepare a Local Planning Policy to guide any future applications for development approval for multiple dwellings within the Shire.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
State Planning Policy No 3.1 (R-Codes) are incorporated into the Shire’s Local Planning Scheme No 4 (LPS No 4) through Part 5 of the Scheme Text and density overlays shown on the Scheme Maps.
The objectives of the R-Codes are to, amongst other things:
a) provide residential development of an appropriate design for the intended residential purpose, density, context or place and LPS No 4 objectives;
b) encourage design which considers and respects heritage and local culture;
c) encourage design which is responsive to site, size and geometry of the development site; and
d) allow variety and diversity as appropriate where it can be demonstrated this better reflects context or scheme objectives.
To assist the elected members in considering the impact of the modifications, the following advice is offered:
Previous R-Code Provisions
Prior to the amendments completed in November 2015, the R-codes outlined separate and specific considerations and requirements for lower and higher density development as follows:
· Part 5 of the R-Codes related to residential development in areas with a maximum density coding less than R30; and
· Part 6 contained specific provisions relating to residential development in areas having a maximum density of R30 or greater.
In addition multiple dwellings within areas coded less than R30 were required to adhere to the same general site requirements such setbacks, open space and maximum heights as applied to a single dwelling or group dwelling development. Any proposal to vary these requirements being assessed on its merits.
Multiple Dwelling developments in areas coded R30 or greater were subject to different site requirements, including increases in the maximum permitted height. As outlined in Part 3 of the R-Codes, unless otherwise determined by the decision maker, applications for development in areas of R30 or greater were also required to be accompanied by an assessment of:
· Any impacted view-lines of significance relating to the streetscape and to and from public places;
· Streetscape elevations detailing the height of existing development adjacent to the site;
· An assessment of existing development heights etc within the street block and opposite the development site; and
· Identification of listed Heritage Places and landmarks in proximity to the development.
At the time, the R-Codes highlighted that at their discretion, the decision maker could require the above information for developments coded less than R30, dependent on the nature of the application.
Permissibility of Multiple Dwellings
As detailed within LPS No 4 Table 1 – Zoning Table, a “Multiple Dwelling” is a “D” use within the Residential and Town Centre Zone. That is a use a use which is not permitted unless the local government has exercised its discretion by granting development approval.
A “Multiple Dwelling” is listed as a “P” use within the Future Development Zone. That is a use which is permitted subject to compliance with identified development standards.
Densities under LPS No 4
LPS No 4 Scheme maps apply a range of maximum densities within the Residential Zone, the majority of which can be described as follows:
a) An underlying density of R20;
b) A density of R10 where development is not connected to the Water Corporations reticulated sewerage system;
c) An applicable density of R30 for sewered residential development within the Town Centre Zone; and
d) Areas of R30 within both the Manjimup and Walpole Townsites.
Within Walpole, the area of R30 immediately abuts the Town Centre Zone in Latham Street and Park Avenue. The Manjimup Townsite however contains significantly more land that has been identified with a maximum density of R30 (including the Town Centre Zone). Relevant excerpts from the Scheme maps are shown attached.
ATTACHMENT: 9.5.3 (2)
Current Requirements for Multiple Dwellings
As a result of the November 2015 amendments to the R-Codes, applications for Multiple Dwellings in R30 areas are no longer automatically subjected to an assessment in respect of the development scale and height its compatibility with the street or area in which it is located. Instead, applications will need to be assessed against the same criteria as ‘single dwellings’ and ‘group dwellings’.
The R-Codes recommend that development within an R30 area is limited to two storey with a maximum wall height of 6 metres. However where an application does not comply with this requirement, the application must be assessed against the more general requirements of the design principals outlined in clause 5.1.6 of the R-Codes, being:
“Building height that creates no adverse impact on the amenity of adjoining properties or the streetscape, including road reserved and public open space reserves, and where appropriate maintains:
· adequate access to direct sub into buildings and appurtenant open spaces;
· adequate daylight to major openings into habilitate rooms; and
· access to views of significance.”
The determination as to what is an appropriate height under clause 5.1.6 would be there be subjective. Any decision made under clause 5.1.6 would also be discretionary and be subject to appeal.
The majority of the R30 areas in Manjimup and Walpole are located in areas containing older traditional style housing stock. Multiple Dwelling developments consisting of more than two stories would represent a significant departure from the current form of development and streetscape.
It is therefore recommended that a new Local Planning Policy be prepared to guide the applicant standard and assessment process for multiple dwellings. As part of this policy, it is recommended that applications for multiple dwellings be:
a) Limited to a maximum of two stories; and
b) Be supported by the level of details prescribed for Multiple Dwellings in areas of R40 or greater in Part 3 of the R-Codes as they applied prior to the November 2015 -Code Amendments.
STATUTORY ENVIRONMENT:
The Residential Design Codes of Western Australia are gazetted as a State Planning Policy under section 26 of the Planning and Development Act 2005.
A Local Government may compliment the R-Codes through the adoption of a Local Planning Policy to guide the preparation and assessment of applications. Such Policies are required to be consistent with the objectives and design principals of the R-Codes.
Policy / Strategic Implications:
Planning Polices are prepared in accordance with Part 2 of LPS No 4. Once prepared to the satisfaction of Council, the draft Policy is required to be advertised for public comment. Following the close of advertising Council must consider formal adoption of the Policy having regard to the submissions received.
Organisational risk management:
Nil
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Note the amendments to the Residential Design Codes of WA as shown at Attachment: 9.5.3(1) that come into effect on 16 March 2018; and
2. Request the Chief Executive Officer arrange the preparation of a Local Planning Policy relating to Multiple Dwellings, pursuant to Part 2 of Local Planning Scheme No 4, for the purpose of ensuring that:
a. the development of Multiple Dwellings is limited to a maximum of 2 stories within the Residential Zone; and
b. the application requirements relevant to R40 Multiple Dwellings as prescribed in Part 3 of the Residential Design Codes of Western Australia are applied to all applications for Multiple Dwellings.
|
Moved: Taylor, R Seconded: Tapley, D
That Council: 1. Note the amendments to the Residential Design Codes of WA as shown at Attachment: 9.5.3(1) that come into effect on 16 March 2018; and 2. Request the Chief Executive Officer arrange the preparation of a Local Planning Policy relating to Multiple Dwellings, pursuant to Part 2 of Local Planning Scheme No 4, for the purpose of ensuring that: a. the development of Multiple Dwellings is limited to a maximum of 2 stories within the Residential Zone; and b. the application requirements relevant to R40 Multiple Dwellings as prescribed in Part 3 of the Residential Design Codes of Western Australia are applied to all applications for Multiple Dwellings. ADOPTED BY EN BLOC RESOLUTION: 11/0 |
38
9.5.4 Proposed Lodging House at No 8 (Lot 2) Kennedy Street, Pemberton
|
PROPONENT |
NM Allen & P Love |
|
OWNER |
NM Allen & P Love |
|
LOCATION / ADDRESS: |
Lot 2 (8) Kennedy Street, Pemberton |
|
WARD: |
West |
|
ZONE: |
Residential |
|
DIRECTORATE: |
Development & Regulation |
|
FILE REFERENCE: |
DA17/200, P50109 |
|
LEGISLATION: |
Planning and Development Act 2005; Shire of Manjimup Local Planning Scheme No.4. |
|
AUTHOR: |
Jason Giadresco/Brian Robinson |
|
DATE OF REPORT: |
3/01/2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to consider an application for a “Lodging House” on the subject land, being a 1449m² property located in the southern section of the Pemberton townsite. Site and Management Plans are attached.
ATTACHMENT: 9.5.4(1)
Location Plan
The residential building on the property was first approved as a Dwelling in 1991, and then converted into a 5 room Bed & Breakfast facility (B&B) in 2005 with 5 sealed car parking bays on site, connected by a sealed driveway. The B&B continued operation until 2007. The property also contains an outbuilding.
Approval is now sought to use the building on site as a Lodging House. No new construction on the site is proposed. The key elements of the proposal are:
· A maximum of twelve (12) guests is proposed within the 5 bedrooms;
· The management and cleaning of the property will be undertaken by the landowners;
· The implementation of the Emergency Evacuation Response plan as submitted;
· Parking is available for up to 5 cars within the driveway and constructed car parks onsite; and
· Bookings for the Lodging House will be undertaken through the internet and by phone.
The application is referred to Council for determination as a Lodging House in a residential zone constitutes a discretionary land use which requires Council approval after advertising in accordance with clause 9.6 of the Scheme.
PUBLIC Consultation Undertaken:
The application was advertised in accordance with clause 9.6 of the Scheme for a 16 day period to all adjoining landowners. No submissions were received.
COMMENT (Includes Options):
The provisions of the Local Planning Scheme No.4 (LPS No 4) include the subject land within the Residential zone. Clause 4.3.2 of LPS No 4 identifies the objectives for the Residential Zone, being to manage and conserve the amenity of residential locales, and to provide for low density residential development in a setting that reflects a non-metropolitan lifestyle.
To guide Council in its determination of the application the following comments are offered:
Land Use Classification
The proposed use is consistent with the definition of a Lodging House which LPS No 4 defines as follows:
“lodging‑house means any building or structure, permanent or otherwise, and any part thereof, in which provision is made for lodging or boarding more than 6 persons, exclusive of the family of the keeper thereof, for hire or reward; but the term does not include —
(a) premises licensed under a publican’s general licence, limited hotel licence, or wayside‑house licence, granted under the Licensing Act 1911 2; or
(b) residential accommodation for students in a non‑government school within the meaning of the School Education Act 1999; or
(c) any building comprising residential flats”
As described in the proponent’s management plan, the application is for a Lodging House to be operated on a commercial basis, and is to be operated by the current owners. The application proposes that a maximum of 12 persons will use the Lodging House at any one time.
Land Use Permissibility
A Lodging House is a ‘D’ use within the Residential zone. That use is not permitted unless approval is sought and granted by the Shire following the advertising of the proposal.
Scheme Requirements
Consistency with Zoning
Provided the behaviour of future occupants is appropriately managed, the proposed Lodging House is not expected to have any impact upon the amenity of the surrounding area or environmental attributes of the area.
Development Standards
Neither the provisions of LPS No 4 nor adopted Local Planning Policies identify any specific development standards or land use requirements, including car parking for a Lodging House.
In accordance with clause 5.17.2 of LPS No 4, where the Scheme does not identified a standard for car parking, the local government shall determine the requirements in each case, having regard to the:
“(i) nature of the proposed development;
(ii) number of employees or others likely to be employed or engaged in the use of the land;
(iii) anticipated demand for visitor parking; and
(iv) orderly, proper and sustainable planning of the area.”
A total of five (5) car parking bays were previously established on-site in association with the B&B. These bays consisted of three car parking bays for visitors within the front setback and two bays towards the rear of the property for use of the land owners. The three parking bays at the front of the property were established as formal parking bays in accordance with the scheme requirements.
As part of the current application, the proponents have identified that the five (5) parking bays will be used to cater for the 12 guests. Given that each guest may not be related/known to each other, there is potential for each guest to drive their own vehicle. Shire Officers are therefore concerned that the provision of 5 parking bays may not be sufficient to cater for the proposed land use.
It is however noted that the property contains a significant sealed driveway that could cater for additional vehicles. Whilst use of the driveway for parking may result in some inconvenience for guests, there is the ability to wholly contain parking within the site.
Proposed Management Arrangements
The following is a summary of the applicants proposed management arrangements:
· The Manager will reside 4.5km from the property;
· The proponents will be responsible for the day to day cleaning as well as disposing of any rubbish;
· 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 twelve (12) persons;
· 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 for the Lodging House by this application will be consistent with the requirements of the Scheme.
Health Act
The proposed use will be required to operate in compliance with all relevant requirements of the Health (Miscellaneous Provisions) Act 2016 (the Act). Shire staff propose that an advice note be included on any approval granted by Council to reflect this requirement.
The applicant will also need to obtain a lodging house permit from the Shire’s Environmental Health section, given that more than 6 persons are to be staying on the premises.
Compliance with Health Local Laws
Part 9 of the Shire of Manjimup Health Local Laws prescribe the standards and operational requirements for lodging houses within the Shire. These requirements include, amongst other things, specific standards for kitchen/cooking, sanitary conveniences, fire prevention and day to day management.
As outlined within clause 165 where there is one or more lodgers in a lodging house, a keeper or manager shall—
(a) reside continuously in the lodging house; and
(b) not be absent from the lodging house for more than 48 consecutive hours unless he or she arranges for a reputable person to have the care and management of the lodging house.
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. There is no ability to vary these requirements.
Details submitted in support of the application indicated that the lodging house would be managed by persons living off-site that would be attendance at the property for set hours. Discussion with the applicants indicates that they are now aware of this requirement. Notwithstanding this, it is recommended that an appropriate condition be imposed.
Building Requirements
In accordance with the Building Act 2011, the proposed Lodging 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.
Conclusion
As detailed above, the Lodging House at Lot 2 (8) Kennedy Street, Pemberton 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 – Lodging Houses.
Given the above, it is recommended that the application be approved subject to conditions ensuring compliance with the Policy and Scheme.
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 – Lodging Houses.
Organisational risk management:
Approval of this application by Council, provided that the Lodging House is compliant with the Scheme and Policy, and enforced through conditional consent granted by Council, will not generate any organisation risk.
Financial Implications:
Nil.
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 Lodging House at Lot 2 (8) Kennedy Street, Pemberton in accordance with the submitted plans as attached at 9.5.4(1), and subject to the following conditions:
a) Prior to commencement of the use hereby approved, the applicant shall submit revised plans demonstrating provision for an on-site keeper or manager;
b) where there is one or more lodgers in a lodging house, a keeper or manager shall—
(i) reside continuously in the lodging house; and
(ii) not be absent from the lodging house for more than 48 consecutive hours unless he or she arranges for a reputable person to have the care and management of the lodging house;
c) The Lodging House approved is limited to a maximum of twelve (12) persons in the premises at any one time to the satisfaction of the Shire of Manjimup;
d) The Lodging 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;
e) The submitted management details form part of the application shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup;
f) The Emergency Evacuation Response Plan, including provision of the Manager’s contact details, is to be displayed in the Lodging House at all times;
g) All parking associated with the use hereby approved shall be wholly contained within the site to the satisfaction of the Chief Executive Officer;
h) Any proposed signage for the Lodging House beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4 will require the further approval of the Shire of Manjimup; and
2. Advises the applicant that:
a) In accordance with the Shire of Manjimup Health Local Laws, 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 Certified Building Permit is required to be provided to Building Services for the reclassification of the building to a Class 1b Lodging House.
d) The proposed operation is required to comply with the Environmental Protection (Noise) Regulations, 1997.
e) The premises, which have been deemed by Environmental Health Services to constitute a ‘Lodging House’, are to be used and operated in compliance with the Shire of Manjimup Health Local Laws, 1998.
f) The proponent is required to obtain a Lodging House Permit from Environmental Health Services before any operation of the approved use is permitted to commence. This permit attracts an annual fee and depending on the type of facility proposed - and may be issued once the premises have been inspected and approved.
|
Moved: Taylor, R Seconded: Tapley, D
That Council: 1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants development approval for a Lodging House at Lot 2 (8) Kennedy Street, Pemberton in accordance with the submitted plans as attached at 9.5.4(1), and subject to the following conditions: a) Prior to commencement of the use hereby approved, the applicant shall submit revised plans demonstrating provision for an on-site keeper or manager; b) where there is one or more lodgers in a lodging house, a keeper or manager shall— (i) reside continuously in the lodging house; and (ii) not be absent from the lodging house for more than 48 consecutive hours unless he or she arranges for a reputable person to have the care and management of the lodging house; c) The Lodging House approved is limited to a maximum of twelve (12) persons in the premises at any one time to the satisfaction of the Shire of Manjimup; d) The Lodging 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; e) The submitted management details form part of the application shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup; f) The Emergency Evacuation Response Plan, including provision of the Manager’s contact details, is to be displayed in the Lodging House at all times; g) All parking associated with the use hereby approved shall be wholly contained within the site to the satisfaction of the Chief Executive Officer; h) Any proposed signage for the Lodging House beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4 will require the further approval of the Shire of Manjimup; and 2. Advises the applicant that: a) In accordance with the Shire of Manjimup Health Local Laws, 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 Certified Building Permit is required to be provided to Building Services for the reclassification of the building to a Class 1b Lodging House. d) The proposed operation is required to comply with the Environmental Protection (Noise) Regulations, 1997. e) The premises, which have been deemed by Environmental Health Services to constitute a ‘Lodging House’, are to be used and operated in compliance with the Shire of Manjimup Health Local Laws, 1998. f) The proponent is required to obtain a Lodging House Permit from Environmental Health Services before any operation of the approved use is permitted to commence. This permit attracts an annual fee and depending on the type of facility proposed - and may be issued once the premises have been inspected and approved.
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
46
9.5.6 Retrospective Application for 'Dwelling - Single' at Lot 26 (73) Jacksonii Avenue, Walpole
|
PROPONENT |
WA Country Builders Albany |
|
OWNER |
John Mackenzie Wilson Nominees |
|
LOCATION / ADDRESS: |
Lot 26 (73) Jacksonii Avenue, Walpole |
|
WARD: |
South |
|
ZONE: |
Rural Residential |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA17/228, P51704 |
|
LEGISLATION: |
Planning and Development Act 2005; Shire of Manjimup local Planning Scheme No.4. |
|
AUTHOR: |
Jason Giadresco |
|
DATE OF REPORT: |
3/01/2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The 3.385 ha property is located north of Walpole within Tingleview Estate. The property is currently vacant, and contains a dam and is largely vegetated with a cleared area be located in the south-eastern section of the property.
Location Plan
In late 2017 the applicant submitted an application for development approval to construct a dwelling on the property, within a relocated building envelope as indicated on the Location Plan above. A review of the Shire’s available aerial photography indicated that earthworks had taken place on the proposed dwelling site without prior approval of the Shire. The landowner has since paid the required retrospective application fee.
The application proposes the construction of a 223m², consisting of four bedrooms, two bathrooms, a double garage and alfresco area under the main roof. A copy of the development plans are attached.
ATTACHMENT: 9.5.6(1)
Council is requested to determine the application for the Dwelling - Single as Shire employees do not have delegation to grant retrospective approval.
PUBLIC Consultation Undertaken:
The retrospective application was referred to the adjoining neighbours for comment over a minimum 14 day period. To allow additional time for postal services, a 16 day period was used. One submission from the adjoining landowner at Lot 52 Jacksonii Avenue was received, and will be discussed specifically in the Comment section of the report. A copy of the submission is attached.
ATTACHMENT: 9.5.6(2)
COMMENT (Includes Options):
The provisions of Local Planning Scheme No 4 (LPS 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.
A Dwelling is a “Permitted Use” within the Rural Residential Zone. That is a use means that the use is permitted providing the use complies with the relevant development standards and the requirements of the Scheme.
To further assist Council in determining this retrospective application, the following comments are offered:
Unauthorised Existing Development
Clause 8.6 of the LPS No 4 grants the local government authority to approve a use or development already commenced or carried out. Shire officers note that the proponents have been proactive in attempting to formalise the unapproved earthworks, and have been actively working to meet all necessary local government requirements and obtain the relevant local government approvals.
Zoning Requirements
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 for the earthworks, the proposed development is compliant with these provisions with the exception of the relocated building envelope as discussed below.
Building Envelope Relocation
The approved building envelope is located within a heavily vegetated section of the property. The application proposes the relocation of the property’s 2500m² building envelope to an existing cleared area, in closer proximity to Jacksonii Avenue. The unauthorised earthworks will be contained within the revised building envelope. It is noted that the submission from the adjoining landowner at Lot 52 does not object to the relocation of the building envelope.
Clause 5.36.3.4 of the Scheme enables the local government, at its discretion, to approve the relocation of a building envelope, or construction of a building outside the building envelope if it is satisfied that the amenity of the area, the privacy of adjoining properties and the landscape or environment of the area will not be detrimentally affected.
As prescribed by clause 5.36.2.3 of LPS No 4, where a building envelope has not been identified for a rural-residential lot, the following minimum setbacks apply:
· Front: 20 metres
· Side & Rear: 10 metres; and
· State Forest: 100 metres
As shown on the submitted plans, the applicants are proposing that the revised Building Envelope will be setback 4.8 metres from the front boundary. Notwithstanding this it is proposed that the dwelling will be setback 15 metres to that boundary.
Given that the relocated envelope will result in the retention of vegetation on the site, relocation of the envelope is supported. However in order to limit the visual impact of the dwelling as viewed from Jacksonii Avenue, it is recommended that the building envelope should be setback a minimum of 10 metres. This should not impact on the location of the proposed dwelling.
Variation of LPS No 4 Standards
In accordance with clause 5.5 of LPS No 4, Council may approve a development that does not comply with the identified development standards, provided that it is satisfied that the variation will not have “an adverse effect on the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.” Council must also be satisfied that the approval would be appropriate having regard to the criteria set out in clause 10.2.
Matters to be considered
In determining applications for Planning Approval, Council must have regard to the assessment criteria outlined within clause 10.2 of LPS No 4. These criteria, include, but are not limited to the following relevant considerations:
(x) the compatibility of a use or development with its setting including the potential impact on the use and enjoyment of adjacent and nearby land;
(xiii) The likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;
(xv) The preservation of the amenity of the locality;
In this case whilst approval to the proposed building envelope will require a relaxation of front setback standards, approval to the application will result in the retention of vegetation on-site that would otherwise be removed to facilitate the construction of a dwelling.
Submission
The submission from the adjoining landowner at Lot 52 states that their main concern is the reduced distance between their dwelling and the proposed new dwelling on Lot 26. However, the residents a Lot 52 support the reasoning behind the relocation of the building envelope and dwelling as it will reduce the need to remove vegetation on Lot 26.
The submission also notes that a ‘number of trees’ have been cut down along Jacksonii Avenue. A site visit by Shire staff was not able to determine if or where the clearing of trees had occurred in recent times. Shire officers consider the content of the submission has been adequately addressed by the application as proposed.
Water Requirements
The applicant is proposing to connect the dwelling to a rainwater tank having a capacity of 129,000 litres.
Clause 5.24 of LPS No 4 requires where development cannot be connected to a reticulated mains water supply, dwellings shall be provided with sufficient roof catchment or other methods acceptable to the local government and the provision of a rain water catchment tank with a minimum capacity of 120,000 litres. Where the water is also required for fire-fighting purposes, an additional 15,000 litres is required increasing the capacity to 135,000 litres. A 50mm Camlock gate valve will need to be fitted to enable fire brigade appliances to draw water. These requirements will be conditioned on any approval issued by Council.
Australian Standard 3959 Construction in Bushfire Prone Areas
The Dwelling is located within a bushfire prone area as declared by the Fire and Emergency Services Commissioner. The applicant has provided the Shire with a Bushfire Attack Level Assessment that has returned a BAL-LOW rating, meeting the requirements for Bush Fire Prone Areas as prescribed by the Planning and Development Act 2005.
Notwithstanding the above, the development must meet the requirements of Australian Standard 3959 (AS 3959) Construction in Bushfire Prone Areas. These construction requirements range from prevention of ember attack through to withstanding a high heat flux and burning debris. The applicant will need to ensure that the Dwelling –Single can meet the requirements of both AS 3959 and the Building Code of Australia. A condition enforcing this requirement will be included within the Officer Recommendation.
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.
The purpose of this report is to ask Council to retrospectively approve this application. Clause 8.6 of the Shire of Manjimup local Planning Scheme No.4 regards this development as an unauthorised existing development and the land use is not considered lawful until Council grants retrospective approval. Shire staff cannot approve retrospective applications under delegated authority.
Policy / Strategic Implications:
Nil.
Organisational risk management:
Nil.
Financial Implications:
The required retrospective fee has been paid.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil. There are no social impacts caused by this retrospective application, the adjoining landowners concerns regarding vegetation have been addressed through the relocation of the property’s building envelope.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. That 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 earthworks and Dwelling – Single at Lot 26 (73) Jacksonii Avenue, Walpole in accordance with the submitted plans as attached to this report and subject to the following conditions:
a) The proposed building envelop being setback a minimum of 10 metres from the boundary to Jacksonii Avenue;
b) Prior to the issue of a Building Permit, the submitted plans shall be amended to reflect the requirements of condition (a) above and the provision of a Water Tank not less than 135,000 litres as required by clause 5.24 of Local Planning Scheme No 4;
c) Notwithstanding condition (b) above, the development hereby approved is otherwise to 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;
d) The dwelling shall be provided with a water storage tank with a capacity of not less than 135,000 litres in order to supply potable water from either an underground bore, dam or a roof catchment with an area of not less than 120 square metres. Access shall be permitted to domestic water supplies for emergency fire-fighting purposes and all domestic water supply tanks to be fitted with a 50mm Camlock gate value to enable fire brigade appliances to draw water. Tank fittings shall be positioned so as to leave 15,000 litres capacity of water in the tank.
e) The development 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:
a) That retrospective development is to comply with the relevant provisions of the Building Code of Australia and Health Act 1911 (as amended);
b) This development approval is NOT a building permit. A building permit for the Dwelling-Single must be formally be presented to and approved by Building Services to formalise the development.
|
Moved: Taylor, R Seconded: Tapley, D
That Council: 1. That 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 earthworks and Dwelling – Single at Lot 26 (73) Jacksonii Avenue, Walpole in accordance with the submitted plans as attached to this report and subject to the following conditions: a) The proposed building envelop being setback a minimum of 10 metres from the boundary to Jacksonii Avenue; b) Prior to the issue of a Building Permit, the submitted plans shall be amended to reflect the requirements of condition (a) above and the provision of a Water Tank not less than 135,000 litres as required by clause 5.24 of Local Planning Scheme No 4; c) Notwithstanding condition (b) above, the development hereby approved is otherwise to 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; d) The dwelling shall be provided with a water storage tank with a capacity of not less than 135,000 litres in order to supply potable water from either an underground bore, dam or a roof catchment with an area of not less than 120 square metres. Access shall be permitted to domestic water supplies for emergency fire-fighting purposes and all domestic water supply tanks to be fitted with a 50mm Camlock gate value to enable fire brigade appliances to draw water. Tank fittings shall be positioned so as to leave 15,000 litres capacity of water in the tank.
e) The development 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: a) That retrospective development is to comply with the relevant provisions of the Building Code of Australia and Health Act 1911 (as amended); b) This development approval is NOT a building permit. A building permit for the Dwelling-Single must be formally be presented to and approved by Building Services to formalise the development.
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
53
9.13.2 Quarterly Report October to December 2017 - Works and Services Directorate
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Shire of Manjimup |
|
WARD: |
All |
|
ZONE: |
NA |
|
DIRECTORATE: |
Works and Services |
|
FILE REFERENCE: |
F1609666 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Michael Leers |
|
DATE OF REPORT: |
20/12/2017 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A report outlining activities for the quarter ending 31 December 2017 for the Works and Services Directorate is attached.
ATTACHMENT: 9.13.2(1)
The purpose of this report is to request Council acknowledge and receive the December 2017 Quarterly Report of the Works and Services Directorate.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The report outlines progress on key activities undertaken by the Works and Services Directorate for the quarter. The purpose of the report is to inform Councillors and provide an opportunity to respond to any queries arising on those activities.
STATUTORY ENVIRONMENT:
Nil.
Policy / Strategic Implications:
Nil.
Organisational risk management:
There is a medium risk with insignificant consequence to the organisation by not regularly reporting the directorate’s progress to Council.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the Works and Services October to December 2017 Quarterly Report as contained in attachment 9.13.2(1).
|
Moved: Taylor, R Seconded: Tapley, D
That Council receive the Works and Services October to December 2017 Quarterly Report as contained in attachment 9.13.2(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0 |
55
9.16.3 Minutes of the Plant Replacement Committee Meeting, 7 December 2017
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
N/A |
|
WARD: |
N/A |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Works and Services |
|
FILE REFERENCE: |
F170382 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Johns |
|
DATE OF REPORT: |
2/01/2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The purpose of this report is to consider the minutes of the Plant Replacement Committee meeting held on 7th December 2017. A copy of the minutes are attached.
ATTACHMENT: 9.16.3(1)
The 2018 to 2027 10 Year Plant Replacement Schedule is also attached.
ATTACHMENT: 9.16.3(2)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The following items were discussed and considered regarding the management and replacement of the Shire’s plant assets.
|
Committee Recommendation |
Officer’s Comment |
|
The schedule for acquisition and disposal of plant and machinery for consideration during the budget process for the 2018/19 financial year. |
Supported. |
|
Consideration of the spreadsheet detailing truck and heavy plant utilisation rates with a recommendation that the spreadsheet be updated at the end of June and December each year. |
Supported. |
STATUTORY ENVIRONMENT:
Local Government Act 1995
Policy / Strategic Implications:
Shire of Manjimup Long Term Financial Plan.
Organisational risk management:
The Plant Replacement Committee reduces risk to the organisation by meeting to ensure timely and effective replacement of appropriate Shire plant and equipment.
Financial Implications:
The proposed disposal and acquisition program will require the allocation of $507,000 in Council’s budget for the 2018/19 financial year.
Sustainability:
Environmental: Fuel efficiency technologies are continuously improving.
Economic: Planned and considered turnover of the Shire’s fleet of plant and equipment ensures both financial sustainability and effective operational capability.
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
That Council:
1. Receive the minutes of the Plant Replacement Committee meeting held on 7 December 2017 as per the attachment 9.16.3(1); and
2. Approve the Plant Replacement Schedule for the 2018/19 financial year as per the attachment 9.16.3(2).
57
Cr Taylor declared an Impartiality Interest in this Item as one of the proponents is an employed by Warren Electrical Service. Cr Taylor declared that he would consider this matter on its merits and vote accordingly.
ATTACHMENT
9.5.1 Retrospective Application for Dam Extension at Lot 2066 Kimber Road, Ringbark
|
PROPONENT |
JP & I Diangelo-Buckley |
|
OWNER |
JP & I Diangelo-Buckley |
|
LOCATION / ADDRESS: |
Location 2066 Kimber Road, Ringbark |
|
WARD: |
North |
|
ZONE: |
General Agriculture |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA17/244, P55610 |
|
LEGISLATION: |
Planning and Development Act 2005; Shire of Manjimup Local Planning Scheme No.4 |
|
AUTHOR: |
Jason Giadresco |
|
DATE OF REPORT: |
3 January 2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to consider a retrospective development application to reduce the normal 20m setback for a dam constructed at Location 2066 Kimber Road, Ringbark.
Location Plan
Location 2066 is 16.2ha in area and located 2km north of the Manjimup townsite boundary. The property contains a Shed, approved in 2016 and an off-catchment dam constructed in the early 2000’s. The property also previously supported a Tasmanian Blue Gum plantation (Eucalyptus globulus) that has recently been harvested, and the landowners are currently remediating the site.
In early 2017, the landowners engaged the services of a local earthmoving contractor to core the northern section of the existing dam. The earth and clay extracted during the coring works was placed on the existing eastern and western dam walls, extending to within 20m of the Shire’s unconstructed Rana Road reserve. Part of this road reserve serves as a driveway for the landowner at Location 12612 Kimber Road to the south of the dam.
These unauthorised works effectively raised the height of these dam walls as to be the same height (4.5m) as the southern dam wall. The southern wall of the dam, closest to the boundary, was not disturbed or increased in height.
The unauthorised development was brought to the attention of Shire Officers by the landowner at Location 12612, who identified that the dam was leaking, with water passing through the Rana Road reserve and inundating their property. Investigation of the site by Shire Officers determined that works were within 20m of the southern property boundary, and therefore required development approval. The applicant was contacted, and submitted a retrospective application for Council to consider approval of the works undertaken.
A copy of the development plans provided by the applicant are attached for Council’s consideration.
ATTACHMENT: 9.5.1(1)
Given the nature of the application is retrospective, the application cannot be considered under delegated authority. Council is therefore requested to determine the application.
PUBLIC Consultation Undertaken:
The retrospective application was advertised for a period of 14 days to the adjoining landowner at Location 12612 Kimber Road and the Department of Water and Environment Regulation (DWER) in accordance with clause 9.6 of the Scheme and the Policy. A submission was received from the landowners at Lot 12612, and will be considered in the Comment section below. A Schedule of Submissions (attached) has been prepared to address the issues raised by both submissions.
ATTACHMENT: 9.5.1(2)
COMMENT (Includes Options):
The Shire of Manjimup Local Planning Scheme No.4 (the Scheme) exempts from planning approval all dams that are located a minimum of 20m from any property boundary on land zoned Priority Agriculture and General Agriculture.
In this case, the spoil from the coring of the dam has been placed on the eastern and western dam walls less than 20m from the southern boundary and requires retrospective development approval to be granted. Clause 8.6 of the Scheme provides a mechanism for approving development retrospectively. It is recommended Council use this mechanism to assess the application and grant retrospective approval if satisfied that approval of the reduced setback continues to comply with the objectives of the Scheme and will not detrimentally affect adjoining land, including the road reserve.
Council has adopted a 20m standard setback for dams as a default position. The Scheme and supporting Policy does not automatically prohibit a dam from being located closer than 20m to a property boundary. Rather, it is intended that development approval be sought and granted only where it is considered the reduced setback will not impact upon adjoining land.
To guide Council in the determination of the application the following comments are offered:
Policy Assessment
The retrospective application meets the requirements of Local Planning Policy LPS4 6.1.11 Rural Land Uses (the Policy), with the exception of the setback as discussed above and drainage requirements. A copy of the Policy Assessment is attached.
ATTACHMENT: 9.5.1(3)
Setback Relaxation
The southern wall of the dam has an existing 4.5m setback to the Rana Road reserve. It should be noted that the dam was originally constructed at a time when Council did not have a Policy delineating dam setbacks to property boundaries.
The unapproved works undertaken have taken place on the northern face and the eastern and western walls of the dam. Both walls are setback over 80m to the front (western) and rear (eastern) property boundaries and are therefore compliant in that respect.
The sections of the eastern and western walls within 20m of the southern boundary are not compliant with the Policy, but do not extend beyond the existing 4.5m setback of the toe of the southern dam wall constructed previously adjacent to the Rana Road reserve.
The Policy states that dam construction shall complement the existing or proposed land use activities on the subject land and surrounding properties and not cause any adverse impacts to the surrounding amenity. Shire Officers have assessed the dam against this Policy statement and are satisfied that the dam:
· Has an agricultural purpose, in addition to a recreational one;
· Any drainage impacts can be addressed by the applicant, and the provision of a suitable overflow can be constructed to service the dam, to mitigate any adverse effect on adjacent properties. Conditions and advice to this effect will be included on any approval issued by Council; and
· In terms of construction, the widening of the eastern and western dam walls does not encroach beyond the existing 4.5m setback of the existing southern dam wall towards the southern property boundary.
It is also noted that location of ancillary structures such as a pump shed have not been included on the submitted plans. However, the applicants have made a separate Building Permit application for the construction of tanks and a pump shed that is considered compliant with the Scheme. In any case, Shire officers recommend a standard condition reflecting compliance with Scheme setbacks for these structures will be included on any approval granted by Council.
Dam Wall Design
It is noted that the Policy stipulates that structural certification of the dam wall is required by a practising civil engineer on properties sized less than 2 hectares only. It is noted that the dwelling on Lot 12612 is located 40m from the southern wall of the dam, and below the height of the dam wall. The landowners at Lot 12612 claim that the dam is leaking across the Rana Road reserve into their property and presents a significant threat in damaging their property, as well as their personal safety.
Drainage
The plans provided by the applicant indicate that spillways are to be constructed on the eastern and western sides of the dam walls. The detail describing how these spillways are to be constructed or directed is rudimentary, and provides little information as to how drainage from the dam is to be managed. To ensure that drainage impacts are managed on site or connected to a drainage system within the Shire’s road reserve, a condition to this extent is recommended to be included on any approval issued by Council.
Council is reminded that Shire officers are not qualified to determine whether a dam wall is safely constructed or not, or to determine whether a dam is the source of a leak. Essentially, any leakage that may be coming from the dam or spillway and affecting nearby properties is essentially a civil matter between the affected parties. The responsibility for dam maintenance, and its safe and effective operation, lies solely with the landowners at Lot 2066.
It is recommended that to ensure the importance of the structural integrity obligation of the dam and its associated drainage infrastructure is not lost on the applicant, an advice note has been included recommending the landowner engage the services of a suitably qualified engineer to ensure the integrity of the dam walls and associated spillway drainage infrastructure.
Options
Council has two options available to it in considering this matter:
1. Approve the reduced setback of the dam, as drainage impacts to adjoining properties and the stabilisation of the dam bank can be addressed conditionally;
2. Require the unapproved works made to the dam to be removed, and return the dam to its previous level of construction. Council is advised that given that the setback of the dam had been established prior to Council’s dam Policy, moving the southern dam wall setback of the dam on subject property to provide the 20m setback to the common boundary between Location 2066 and Rana Road reserve cannot be considered.
The author of this report recommends Option 1, subject to the imposition of appropriate conditions to address drainage requirements and the setback of ancillary structures (i.e. pump shed).
Council may determine that the most appropriate course of action would be to require the unapproved dam works be removed and dam returned to its previous level of construction. (Option 2). This option could only be executed at considerable financial cost to the landowner, and Shire Officers are satisfied the dam presents no impact on adjacent properties provided adequate drainage infrastructure is incorporated into its design.
Conclusion
In considering this application, Council need only have regard to the reduced setback of the unapproved works rather than the overall impact of the dam. In this regard, the dam is located within a position that the reduced setback is existing will not result in a detrimental impact on the amenity of the adjacent land. Conditional approval of the application is recommended on this basis.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005; and Shire of Manjimup LPS No. 4.
Policy / Strategic Implications:
The application has been assessed against Local Planning Policy 6.1.11 Rural Land Uses as discussed above.
Organisational risk management:
Nil.
Financial Implications:
The required retrospective application fee has been paid in accordance with the 2017/18 Schedule of Fees and Charges.
Sustainability:
Environmental: The environmental impacts of this proposal are surmised by Shire Officers as being minimal on the locality, provided adequate drainage and overflow infrastructure is provided for the dam.
Economic: By creating a large water storage area this will help towards the irrigation of agricultural pursuits on the property.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. In accordance with Part 8.6 and clause 5.5 of Shire of Manjimup Local Planning Scheme No.4 grant retrospective development approval to the application for dam extensions over Lot 2066 Kimber Road, Ringbark (Application TP 230/2017) subject to the following conditions and advice:
a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent from the Shire of Manjimup;
b) All stormwater and drainage runoff is to be retained on the subject property or be provided with stormwater drainage connections to the comprehensive district drainage system in the area at the developers cost to the satisfaction to the Shire of Manjimup;
c) All pumps and ancillary equipment and structures being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No.4; and
d) The applicant is to provide construction details of the spillway/overflow infrastructure and the method to be used to discharge any associated drainage to Kimber Road or an alternative site. Such details are to be to the satisfaction of the Shire of Manjimup in accordance with Technical Services Policy 9.1.
2. Advises the Applicant:
a) It is recommended that the design of the dam wall is certified by a practicing civil/structural engineer to ensure that it will be structurally sound.
b) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained.
c) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on the Kimber Road or Rana Road road reserves or adjacent properties.
d) With regards to Condition c), the applicant is requested to contact the Shire’s Technical Services Department for further advice.
|
Moved: Daubney, L Seconded: Tapley, D
That Council defer this item. MOTION carried 8/3
|
64
Councillor Jenkins declared a Proximity Interest in this Item as her partner owns the property adjoining – Location 9465. Cr Jenkins did not speak or vote on the matter and left the Chamber at 6.03pm.
ATTACHMENT
9.5.5 Proposed Industry - Extractive (Sand) at Location 9466 (181) Jones Road, Yanmah
|
PROPONENT |
TL Dozing |
|
OWNER |
WC & CA Roberts |
|
LOCATION / ADDRESS: |
Location 9466 (181) Jones Road, Yanmah |
|
WARD: |
North |
|
ZONE: |
Priority Agriculture |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA17/220 & P52151 |
|
LEGISLATION: |
Planning & Development Act 2005 |
|
AUTHOR: |
Jason Giadresco |
|
DATE OF REPORT: |
3/01/2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to determine an application for an Industry – Extractive (Sand) at Location 9466 (181) Jones Road, Yanmah. A copy of the proposal is attached.
Location Plan
The subject property is 40.9ha in area, and contains a dam, dwelling, and ancillary farm sheds. The property is largely vegetated with native species. Historically, it appears sand has been previously extracted from the property although Shire records do not indicate any approvals.
The application proposes to extract sand over a 150m by 200m area, to a depth of 2m. The extraction is expected to last 12 months. The removal of the sand will occur 5 days per week and involve up to and including 9 truck movements per day using 6 wheelers and semi-tippers. Haulage movements are expected to be variable over the lifetime of the deposit. The proposed haulage route will be south of the property along Jones Road, to Graphite Road and South Western Highway to take the sand to its final destination. A copy of the proposal is attached for Council’s reference.
ATTACHMENT: 9.5.5(1)
Council is requested to determine the application as the proposal cannot be determined under delegated authority in accordance current Officer Delegations granted by Council.
PUBLIC Consultation Undertaken:
In accordance with the requirements of Local Planning Policy LPS4 6.1.2 Advertising of Planning Proposals, the application was advertised at “Level D” for a 14 day period. Submissions were received from 3 government agencies including the Departments of;
· Mines, Industry Regulation and Safety (DMIRS);
· Water and Environment Regulation (DWER); and
· Main Roads WA (MRWA).
One adjoining landowner at Lot 9465 Jones Road provided a submission offering no comment or objection to the proposal.
MRWA and DMIRS offered no objection to the proposal. The DWER submission will be discussed in the Comment section of the report.
A copy of all submissions are attached.
ATTACHMENT: 9.5.5(2)
COMMENT (Includes Options):
The provisions of Local Planning Scheme No 4 (LPS No 4) include the subject land within the “Priority Agriculture” Zone, where an Industry – Extractive is an “A” use. That is a use that is not permitted unless approved by Council following advertising of the proposal.
To guide Council in determining this application, the following comments are offered:
Setbacks
In accordance with clause 5.34.2.4 of LPS No 4, development within the Priority Agriculture Zone is required to be setback 30 metres from the front and rear boundaries and 10 metres to side boundaries. The application as submitted proposes setbacks of 500m to the front boundary, 470m to the rear boundary, 90m to the northern boundary and 70m to the southern side boundary in compliance with LPS No 4 and Local Planning Policy 6.1.9 Extractive Industries.
DWER Submission
Location 9466 is located within a proclaimed Surface Water Area (Warren River and Tributaries) under the Rights in Water and Irrigation Act 1914 (RIWI Act). DWER notes that interference with a watercourse may require a permit to interfere with bed and banks. It is recommended that the landowner contact DWER to determine the necessary licencing requirements, if any.
The submission notes that the application contains no groundwater data, and that the Department is unable to adequately assess the proposal. No interference with the groundwater in the area by the proposal is expected on the basis that the applicant has advised that the depth to ground water is greater than the proposed pit depth. In any case, Shire officers recommend a condition preventing the interception of the groundwater table on the deposit site to be included on any approval issued by Council.
In light of the above, DWER have recommended that the Shire request the proponent develop a Water Management Plan or Drainage Management Plan for the site in accordance with DWER’s Water Quality Protection Note 15 ‘Extractive Industries near sensitive water resources’ to address the protection of the groundwater resource in the area. A condition to this effect will be included on any approval issued by Council.
Amenity
In considering the application, Council must have regard to the Environmental Protection Authority’s (EPA) Guidance Note 33 - “Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses.” As prescribed within Appendix No 1 of that document, a minimum buffer of between 300 and 500 metres is recommended for extractive industries.
With the closest dwelling (aside from the landowners) being located 500m from the proposal site, the proposal compliance with the EPA guidelines for managing off site impacts. In addition it is noted that the adjacent dwelling is located some 350 metres from Jones Road and is therefore unlikely to be effected by traffic associated with the proposal.
Shire officers consider that no visual, noise or dust impacts on dwellings will be generated by the proposal given the setback distance. In order to ensure compliance, an advice note requiring the proposal to comply with the Noise Regulations of the Environmental Protection Act 1986, be included on any approval issued by Council to undertake the works.
Access and Traffic Management
The sand deposit will be serviced by an internal access road through to Jones Road. From Jones Road, the haulage route will head south to Graphite Road through to South West Highway. With respect to road maintenance, the applicant will be required to maintain the current road standard at their expense. Shire Officers will undertake an inspection of Jones Road prior to the commencement of operations. A condition reflecting this will be included on any approval issued by Council.
The applicant has stated that signage will be located to alert and manage traffic in the vicinity of the proposal. A condition requiring that appropriate traffic management is in place during the period of extraction will be included on any approval issued by Council.
Site Rehabilitation
The extraction is proposed to be over a 150m by 200m (3ha area). It should be noted that the applicant has incorrectly stated that the area will be approximately 2 acres within their supporting correspondence.
The proponent has not indicated what area of the deposit will be extracted at any one time. It is recommended that an appropriate condition be imposed to permit a maximum 1 ha to be exposed at any one time in accordance with Council’s adopted Local Planning Policy 6.1.9 – Extractive Industries.
The applicant proposes to stockpile topsoils and re-pasture once extraction has finished. To ensure progressive rehabilitation of the extraction site, it is recommended that an appropriate condition be imposed on any approval granted by Council.
Conclusion
It is recommended that the proposed Industry - Extractive be approved subject to conditions. The Industry - Extractive is compliant with Scheme and Policy requirements and the intended scale of the development are not likely to detrimentally impact on the amenity of the area.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Local Planning Scheme No. 4.
Policy / Strategic Implications:
The application has been assessed against the provisions of the Shire of Manjimup’s Local Planning Policy 6.1.9 Extractive Industries.
The objective of the Policy is to protect the economic viability of the general farming areas and to retain the rural character of the area by preventing the operation of the Industry – Extractive in a detrimental manner. The application is consider to comply with the Policy.
Organisational risk management:
Approval of this application by Council, provided that the Industry - Extractive is compliant with the Scheme and Policy, enforced through conditional consent granted by Council, will not generate any organisational risk.
Financial Implications:
The required Planning Application fee has been paid by the Proponent.
Sustainability:
Environmental: As detailed in the comment section above, appropriate conditions and standards of operation are required to ensure that the proposed activity will not result in environmental impact.
Economic: The development if approved will potentially increase the productive use of the land. Ensuring appropriate access to basic raw materials such as sand is identified by the State as critical to ensuring regional economic development.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Having regard to the submissions received and in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning consent for the Industry - Extractive (Sand) at Location 9466 Jones Road, Yanmah in accordance with the plans and specifications as submitted and subject to the following conditions:
a) Unless otherwise approved by Council, this development approval shall expire on 31 December 2019;
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 of the Shire of Manjimup;
c) The operation of the Industry - Extractive and the transportation of materials from the site shall be restricted to the hours 8:00am to 5:00pm, Mondays to Fridays only, but shall not operate on Public Holidays;
d) The applicant shall install and maintain traffic control along all roads used by the development, warning other road users of trucks entering and using the public road system to the specification and satisfaction of the Shire of Manjimup;
e) Prior to the commencement of the use hereby approved, the applicant shall prepare and implement a Dust Management Plan to the satisfaction of the Shire of Manjimup;
f) No more than 1 hectare is to be open to extraction at any one time, with progressive rehabilitation of the site to be undertaken for those areas where extraction has been completed to the satisfaction of the Shire of Manjimup;
g) Any proven road damage to Jones Road is to be repaired to the satisfaction of the Shire of Manjimup at the applicants cost;
h) Prior to the commencement of the use hereby approved a Drainage Management Plan is to be developed for the site to the satisfaction of the Shire of Manjimup;
i) All drainage and stormwater associated with the sand extraction pit shall be contained on site to the satisfaction of the Shire of Manjimup;
j) Interception of the water table is not permitted;
k) No hydrocarbons are to be stored on-site;
l) On-site refuelling of equipment may only be from a mobile service vehicle carrying appropriate spill prevention and clean-up equipment;
m) No major repairs or maintenance will take place on site; and
n) No standing water shall occur at the site post-rehabilitation.
2. Advises the Applicant:
a) That the proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’;
|
Moved: Bavich, D Seconded: Taylor, R
That Council: 1. Having regard to the submissions received and in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning consent for the Industry - Extractive (Sand) at Location 9466 Jones Road, Yanmah in accordance with the plans and specifications as submitted and subject to the following conditions:
a) Unless otherwise approved by Council, this development approval shall expire on 31 December 2019; 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 of the Shire of Manjimup; c) The operation of the Industry - Extractive and the transportation of materials from the site shall be restricted to the hours 8:00am to 5:00pm, Mondays to Fridays only, but shall not operate on Public Holidays; d) The applicant shall install and maintain traffic control along all roads used by the development, warning other road users of trucks entering and using the public road system to the specification and satisfaction of the Shire of Manjimup; e) Prior to the commencement of the use hereby approved, the applicant shall prepare and implement a Dust Management Plan to the satisfaction of the Shire of Manjimup; f) No more than 1 hectare is to be open to extraction at any one time, with progressive rehabilitation of the site to be undertaken for those areas where extraction has been completed to the satisfaction of the Shire of Manjimup; g) Any proven road damage to Jones Road is to be repaired to the satisfaction of the Shire of Manjimup at the applicants cost; h) Prior to the commencement of the use hereby approved a Drainage Management Plan is to be developed for the site to the satisfaction of the Shire of Manjimup; i) All drainage and stormwater associated with the sand extraction pit shall be contained on site to the satisfaction of the Shire of Manjimup; j) Interception of the water table is not permitted; k) No hydrocarbons are to be stored on-site; l) On-site refuelling of equipment may only be from a mobile service vehicle carrying appropriate spill prevention and clean-up equipment; m) No major repairs or maintenance will take place on site; and n) No standing water shall occur at the site post-rehabilitation.
2. Advises the Applicant: a) That the proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’;
CARRIED: 10/0 |
71
Cr Jenkins returned to the Chamber at 6.04pm.
ATTACHMENT
APPENDIX
9.5.7 Proposed Industry -Extractive at Lot 200 Yarri Road, Balbarrup
|
PROPONENT |
Prime Earthmoving Pty Ltd |
|
OWNER |
RA Walker |
|
LOCATION / ADDRESS: |
Cosy Creek and John Roads, Balbarrup |
|
WARD: |
North |
|
ZONE: |
General Agriculture |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA17/169, P57668 |
|
LEGISLATION: |
Planning and Development Act 2005; Shire of Manjimup Local Planning Scheme No.4. |
|
AUTHOR: |
Jason Giadresco |
|
DATE OF REPORT: |
5/01/2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council at its Ordinary Meeting of 16 November 2017 elected to defer an application for an Industry – Extractive at Lot 200 Yarri Road, Balbarrup. A copy of the Agenda Item from that Ordinary Meeting is appended for Council’s reference.
APPENDIX: 9.5.7(A)
Location Plan
In accordance with Council’s resolution on 16 November 2017, Council elected to further consult with landowners on John and Edwards as to determine the level of public response to the proposed use of these roads as a haulage route for the approved Industry-Extractive on Lot 200 Yarri Road for a period of 14 days.
The purpose of this report is for Council to consider those submissions received, and determine the appropriate haulage route for the proposal.
PUBLIC Consultation Undertaken:
As stated in the officers previous report to Council (Appendix: 9.5.7(1)), the application was advertised for public comment in accordance with Council’s Local Planning Scheme No 4 and adopted policy. In response submissions were only received from government agencies.
In accordance with Council’s 16 November 2017 resolution, landowners along John and Edwards Road were advised by post of the proposed haulage routes for the extractive, and provided 14 days to provide any comment. In addition further correspondence was forwarded to landowners on Cosy Creek Road that were located within 1000m of the proposed site. This consultation was undertaken in November – December 2017.
A total of 4 submissions were received from landowners on these roads. A schedule of submissions discussing the comment provided on the application from government agencies and nearby landowners is attached.
ATTACHMENT: 9.5.7(1)
COMMENT (Includes Options):
Applicant Advice since 16 November 2017
During the second consultation period, the applicants provided written advice that they wish to exclusively use the original route Cosy Creek Road to South West Highway to haul gravel and sand from the extraction site. The applicant has indicated that they are prepared to undertake some road upgrades to facilitate the use of the extraction site along this route.
This advice immediately discounts the use of John and Edwards Roads to haul the materials. Given this, the two submissions from the landowners adjacent to John and Edwards Roads are not considered necessary to be discussed, as the proposal no longer affects them. Those submissions provided by landowners on Cosy Creek Road will therefore be considered only.
Content of Cosy Creek Road Submissions
The concerns of the two landowners can be summarised into the issues listed below:
i. Personal safety of other road users and school buses using Cosy Creek Road, should it be used as the haulage route. As discussed in the item to Council on 16 November 2017, Cosy Creek Road is narrow in sections with some sharp bends;
ii. The bridge over the Wilgarrup River on Cosy Creek Road has no safety rails;
iii. Unacceptable levels of dust and noise pollution will be created on the road by truck movements at speed. This dust could possibly affect the productive agricultural capacity of the land, and the amenity of the dwellings near Cosy Creek Road;
iv. Concerned about damaged to Cosy Creek Road due to the prolonged usage of the road by heavy haulage.
v. Both landowners were strongly opposed to the use of Cosy Creek Road as the primary haulage route, and supported the use of John and Edwards Roads instead.
In consideration of the content of the 2 submissions, the following advice is offered to guide Council in the determination of the application:
Traffic Management Plan
The concerns of the landowners are well founded in that Cosy Creek Road is rated a local rural road and is only partially constructed with a bitumen surface that is as narrow as 4 metres in places. Shire Officers are therefore concerned that the standard of the road network along the proposed traffic route will not be adequate to safely cater for both local traffic and the resultant truck movements.
Should Council wish to consider approval of this haulage route in light of the submissions provided, the Shire’s Technical Services Division recommend that:
· Trucks be required to adhere to a 40km/h speed limit whilst on Cosy Creek Road. The slower movement of haulage traffic on the road will permit its safer use by other road users, and reduce the amount of dust generated by the movement of haulage traffic on Cosy Creek road adjacent to these properties;
· A condition restricting the use of the haulage route during school bus route times to ensure the safety of schoolchildren on Cosy Creek Road. This condition will mitigate any risk to the use of the road by school buses posed by the use of the road by haulage traffic;
· Upgrade of Cosy Creek Road to a 6.4m trafficable width by the applicant. The upgrade of the narrower sections of Cosy Creek Road to a width sufficient to allow all vehicles to safely pass one another whilst the extraction pits are operating. It is the opinion of Shire Officers that the current width of the road and corners in sections is not considered sufficient to allow for safe use of the road;
· An inspection of Cosy Creek Road prior to commencement of the use. A Road Condition Report is to be prepared by the applicant in this regard;
· Installation of appropriate signage. Signage will need to be installed appropriately on those sections of road with significant bends, adjacent to either side of the Wilgarrup River bridge to ensure its safe negotiation by domestic and haulage traffic, and at the near the entrance to the extraction pit site on John Road; and
· The current road standard of Cosy Creek and John Roads being maintained at the applicant’s cost.
These requirements listed above would be condensed into a Traffic Management Plan, subject to the approval of the Shire prior to the commencement of operations. An appropriately designed and implemented Traffic Management Plan would provide for the safe use of Cosy Creek Road and actively mitigate any safety, noise, dust and damage done to Cosy Creek Road, and protect the amenity of adjoining properties. It would also identify those sections of the road to be upgraded to a widened gravel seal to facilitate safe use of Cosy Creek Road by all traffic.
Application Assessment
A full assessment of the application was contained within the previous agenda item shown at Appendix: 9.5.7(1). This agenda item has focused on the haulage aspect of the proposal, being the only area of concern.
As indicated in the previous report, the proposed on-site activity associated with the extractive industry was considered acceptable and was recommended for conditional approval, subject to the finalisation of an acceptable designated haulage route.
Although it is still open to elected members to approve the application subject to the conditions contained in the Officer Recommendation of the 16 November 2017 agenda item, Shire Officers consider the application should not be supported unless significant upgrades are undertaken on Cosy Creek Road.
Options
Considering the content of the submissions provided, Council has two options in the determination of this application:
1. Refuse to allow the use of Cosy Creek Road as a haulage route for the proposed extractive industry, effectively refusing the entire application for approval.
2. Approve the use of Cosy Creek Road subject to appropriate conditions and/or advice notes are recommended to address the above matters raised by the landowners with frontage to the road.
The nature and extent of the improvements to Cosy Creek Road are however likely to result in the proposal becoming unviable. Option 1 is therefore recommended.
STATUTORY ENVIRONMENT:
Shire of Manjimup Local Planning Scheme No.4; Planning and Development Act 2005.
Policy / Strategic Implications:
The application has been assessed against the provisions of the Shire of Manjimup’s Local Planning Policy 6.1.9 Extractive Industries.
The objective of the Policy is to protect the economic viability of the general farming areas and to retain the rural character of the area by preventing the operation of the Industry – Extractive in a detrimental manner.
Organisational risk management:
Approval of this application by Council, provided that the Industry – Extractive is compliant with the Scheme and Policy, enforced through conditional consent granted by Council, will not generate any organisational risk.
Financial Implications:
Nil.
Sustainability:
Environmental: As detailed in the comment section above, appropriate conditions and standards of operation are required to ensure that the proposed activity will not result in environment impact.
Economic: The development if approved will potentially increase the productive use of the land. Ensuring appropriate access to basic raw materials such as gravel and sand is identified by the State as critical to ensuring regional economic development.
Social: Without appropriate management and restrictions the proposal has potential to detrimentally impact on the amenity of the area.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council :
1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 refuses development approval for the Industry Extractive (Gravel and Sand) at Lot 200 Yarri Road, Balbarrup in accordance with the plans and specifications submitted on the following grounds:
a. The current state and form of Cosy Creek Road is not suitable to cater for existing local traffic and the additional truck movements generated by the proposal, due to the potential for traffic conflict;
b. Approval to the application as submitted is likely to detrimentally impact on the local road network; and
c. The proposed use of Cosy Creek Road will detrimentally impact on the amenity of existing residential dwellings located on Cosy Creek Road.
|
Moved: Jenkins, D Seconded: Ventris, M
That Council: 1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval for the Industry Extractive (Gravel and Sand) at Lot 200 Yarri Road, Balbarrup in accordance with the plans and specifications submitted and subject to the following conditions: a. Except where specified by the conditions of this approval, 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. Prior to commencement of the operation hereby approved, the applicant is to obtain the authorisation of the Department of Biodiversity Conservation and Attractions to use John Road as part of the Industry – Extractive haulage route; c. Prior to the commencement of the use hereby approved, the applicant shall prepare at their cost, a detailed traffic management plan for all haulage associated with the proposed activity, addressing the following matters to the satisfaction of the Shire of Manjimup: i. An existing road condition report; ii. All haulage associated with the Industry - Extractive hereby approved being restricted to Cosy Creek Road and John Road; iii. The operation of the Industry - Extractive and the transportation of materials from the site shall be restricted to the hours 8:30am to 3:00pm, Mondays to Fridays only, but shall not operate on Public Holidays; iv. The applicant shall install and maintain traffic control along all roads used by the development, warning other road users of trucks entering and using the public road system to the specification and satisfaction of the Main Roads WA and the Shire of Manjimup; and v. The repair of any damage to Cosy Creek Road due to the haulage movement of the vehicles servicing the Industry– Extractive, being at the applicant’s cost to the satisfaction of the Shire of Manjimup. d. All topsoil located within the area to be subject of the extraction is to be stockpiled and replaced as part of the rehabilitation process to the satisfaction of the Shire of Manjimup; e. All drainage and stormwater associated with the gravel and sand extraction pits shall be contained on site to the satisfaction of the Shire of Manjimup; f. A minimum of 2m distance is to be maintained at all times from the bottom of the pit to the groundwater table; g. No hydrocarbons are to be stored on-site; h. On-site refuelling of equipment will be from a mobile service vehicle carrying appropriate spill prevention and clean-up equipment; i. No major repairs or maintenance will take place on site; j. No standing water shall occur at the site post-rehabilitation; k. This development shall expire on 16 November 2022.
2. Advises to applicant: a. that any interference with a watercourse may require a permit to interfere with the bed or banks from the Department of Water and Environment Regulation; b. that the proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’. c. that the gravel and sand is likely to contain dieback. It is recommended that the materials not be used in dieback free areas. d. to contact the Shire’s Technical Services department with regards to traffic management associated with the application.
CARRIED: 11/0
Reasons: 1. Nature of where we live. 2. Already trucks on the road. 3. Shouldn’t limit development. |
78
Councillor Winfield declared a Financial Interest in this Item as his wife consults to the Shire of Manjimup on the Town Centre Revitalisation Project. Cr Winfield did not vote or speak on the matter and left the Chamber at 6.14pm.
ATTACHMENT
9.9.1 Proposed Award of Tender RFT 10-17 Exhibition Design and Fit-Out South West Energy Experience
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Manjimup Timber and Heritage Park, Edwards Street, Manjimup (Reserve 26199) |
|
WARD: |
Central |
|
ZONE: |
Parks & Recreation |
|
DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F170511 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Jessica Winters |
|
DATE OF REPORT: |
21/12/2017 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The delivery of the South West Energy Experience (SWEE) is a key component of the Manjimup Town Centre Revitalisation Project Stage II Component 2 (Transformation of the Manjimup Timber and Heritage Park). A conceptual design for the museum exhibition was undertaken in 2013/14 as part of the Town Centre Revitalisation Stage 1 and more detailed museum exhibition design was undertaken in 2016-17 as part of the park wide Interpretation Plan and Exhibition Design. Recently a consultant was appointed for the building detail design (excluding museum exhibition design).
SWEE has all required funding confirmed from Royalties for Regions (Department of Primary Industries and Regional Development), Shire of Manjimup, Building Better Regions Fund (Australian Government, Department of Infrastructure and Regional Development) and donation of the World of Energy Collection from the South West Development Commission.
In accordance with the requirements of the Local Government Act 1995, Tender RFT 10-17 was advertised seeking services of an appropriately experienced contractor to Tender for the delivery of the new South West Energy Experience exhibition.
The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender 10-17.
PUBLIC Consultation Undertaken:
The Tender was advertised in accord with the Tender provisions in the Local Government Act 1995.
COMMENT (Includes Options):
Seventeen (17) prospective Tenderers downloaded documents from the Shire’s website and a total of two (2) Tenders were received by the closing time.
The Tender Evaluation Panel, comprising of two employees and the Manjimup Timber and Heritage Park Honorary Curator (Volunteer), undertook to independently assess the Tenders received using an assessment matrix. Assessment scores were then weighted and are presented in the table below. The matrix referenced the terms and assessment criteria of the Request for Tender document. A full summary of the Tender assessment is attached.
ATTACHMENT: 9.9.1(1)
|
Weighted Score |
||||||||
|
(a) Relevant Experience |
(b) Skills and Experience |
(c) Tenderers Resources |
(d) Demonstrated Understanding |
(e) Price |
Total Score |
Ranking |
||
|
1 |
Mulloway Studio |
16.00 |
4.67 |
6.67 |
4.67 |
23.89 |
55.9 |
2 |
|
2 |
Creative Spaces |
13.33 |
8.00 |
6.67 |
8.00 |
26.22 |
62.2 |
1 |
The officers provide the following comparative comments for the above scores against each assessment criteria:
A) Relevant Experience
Mulloway Studio in partnership with Exhibition Studios provide a greater range of project delivery experience particularly with regard to larger exhibitions. Creative Spaces demonstrate sufficient experience but with smaller scale projects than Mulloway Studio.
B) Key Personnel and C) Tenderers Resources
Creative Spaces have a well-qualified team with clear roles of each member allocated to the project. Comparatively Mulloway Studio do not provide a satisfactory break down of roles, or demonstrate sufficient internal capacity and resourcing.
D) Demonstrated Understanding
Creative Spaces provide a considered and thorough timeline, provide sufficient allowance for each task and provide an analysis of risks and opportunities within the project. Comparatively Mulloway Studio to not provide evidence of critical thinking toward the approach to the project or seem to provide enough resources to each task of the project.
Tenders received were of a high standard offering a depth of experience and expertise. Based on all of the information received and assessed it is recommended by the Panel to award Tender RFT 10-17 to Creative Spaces.
The Tender from Creative Spaces was a high quality submission with all criteria being addressed. The submission demonstrated sufficient experience working with local government in the design and delivery of significant exhibitions. Shire Officers have worked with both Tenderers in the last eighteen months on similar projects. Providing recent experiences Officers can confirm the successful Tenderer has a high level of professionalism, strong work ethic, has the capacity to deliver on time and budget, and is suitably qualified to the project. At the time of preparing this agenda item Shire Officers were in the process of visiting a number of museum exhibitions delivered by the successful Tenderer. Formal advice regarding the outcome of these visits will be provided to elected members prior to Council meeting.
STATUTORY ENVIRONMENT:
The Local Government Act 1995 requires Tenders to be called for contracts exceeding $150,000.
Policy / Strategic Implications:
The significance of the proposed South West Energy Experience is supported by the following strategic documents:
· Manjimup SuperTown Townsite Growth Plan 2012
· Business Case (2015-16) for Revitalisation of Manjimup’s Town Centre Stage 2
· Manjimup Timber and Heritage Park Management and Development Plan 2006
Organisational risk management:
Risk mitigation has been achieved by the following:
· An assessment panel consisting of three (3) members have individually completed a Tender Assessment Matrix and summarised their findings.
· The panel have recommended a Tender that is within budget and provides adequate contingency.
· Reference checks undertaken.
· Demonstrated financial sustainability.
· Process overseen by the Probity Officer.
Financial Implications:
The recommended Tender is within the available budget approved and secured for the project specified.
Sustainability:
Environmental: Nil
Economic: The Tender engages a consultant to design and project manage the delivery of the exhibition allowing greater control of the quality of the final deliverables within the allocated budget.
Social: The collection to be on display within the exhibition is considered to be of national significance. The design of the exhibition needs to deliver a community space and a sense of place as well as delivering a significant landmark for visitors to the region and state.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council award RFT 10-17, Exhibition Design and Fit-Out of the South West Energy Experience, to Creative Spaces for the price of $209,095 (ex GST) in accordance with their submitted Tender Response.
|
Moved: Bavich, D Seconded: Eiby, W
That Council award RFT 10-17, Exhibition Design and Fit-Out of the South West Energy Experience, to Creative Spaces for the price of $209,095 (ex GST) in accordance with their submitted Tender Response. CARRIED: 10/0 |
82
Cr Winfield returned to the Chamber at 6.15pm.
Councillor Taylor declared a Financial Interest in this Item as Warren Electrical Service is the electrical contractor. Cr Taylor did not speak or vote on the matter and left the Chamber at 6.15pm.
9.10.1 Proposed Budget Amendment 2017-2018, Manjimup Wellness and Respite Community Centre
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
Whole of Shire |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F161231 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Liz Lockyear |
|
DATE OF REPORT: |
5/01/2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup has recently been granted permission by the Home and Community Care (HACC) Project Officer - South West Regional Aged Care – WA Country Health Service, to spend $100,000 (ex GST) from the HACC Asset Replacement Reserve. These funds will be used to complete essential projects within the Manjimup Wellness and Respite Community Centre, currently under construction.
The purpose of this report is to request Council approval to amend the Shire of Manjimup HACC 2017/2018 budget to show additional income and additional expenditure of $100,000 (ex GST).
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
In June 2017, the Shire of Manjimup awarded TDC Projects Pty Ltd the contract to construct the Manjimup Wellness and Respite Community Centre for the amount of $3,081,819. The Tender did not include various items such as a commercial kitchen, landscaping, fire sprinkler system and some furnishings, fittings and window treatments. These items were deferred depending on additional funding opportunities.
The additional budget authorised for expenditure by the Home and Community Care South West Regional Aged Care – WA Country Health Service, is currently held in the Shire of Manjimup HACC Asset Replacement Reserve and will be used to purchase essential unfunded items.
STATUTORY ENVIRONMENT:
Local Government Act 1995
Policy / Strategic Implications:
Active Ageing Strategic Plan 2008-2028
Strategic Community Plan 2017-2027
Organisational risk management:
Nil
Financial Implications:
That the 2017/2018 Shire of Manjimup HACC budget is to be amended to show additional expenditure and additional income of $100,000 (ex GST). No additional rate funds are required.
Sustainability:
Environmental: Nil
Economic: Nil
Social: To promote the wellbeing and contribution of older people and people with a disability and their carer’s.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council amend the 2017/2018 budget under Home and Community Care to include funding from the Home and Community Care Asset Replacement Reserve for $100,000 (ex GST) as per the table below;
|
Description |
Current Budget |
Revised Budget |
Variation |
|
Wellness & Respite Community Centre |
$3,268,690
|
$3,368,690
|
($100,000)
|
|
HACC Asset Replacement Reserve |
$388,083 |
$288,083 |
$100,000 |
|
Net Rate Funds |
$0 |
$0 |
$0
|
|
Moved: Daubney, L Seconded: Salomone, J
That Council amend the 2017/2018 budget under Home and Community Care to include funding from the Home and Community Care Asset Replacement Reserve for $100,000 (ex GST) as per the table below;
CARRIED: 10/0 |
85
Councillors Daubney and Taylor declared a Financial Interest in this Item as they are the leaseholders of Site114 and 239 respectively. Councillors Daubney and Taylor did not speak or vote on the matter and left the Chamber at 6.16pm and 6.15pm respectively.
9.13.1 Proposed Budget Amendment to Install a Stop Sign on Windy Harbour Road
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Windy Harbour Road, Windy Harbour |
|
WARD: |
Coastal |
|
ZONE: |
Special use |
|
DIRECTORATE: |
Works and Services |
|
FILE REFERENCE: |
F160641 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Michael Leers |
|
DATE OF REPORT: |
14/12/2017 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
At its Ordinary Meeting of 1 October 2015 Council approved and adopted a revised plan for Windy Harbour Road in order to access the townsite of Windy Harbour. Construction of this road was completed in December 2016.
At the Information Briefing Session 14 September 2017, Council requested the Shire consider installation of a regulatory Stop sign at the intersection of the new Windy Harbour Road and the recently named Aurora Drive, causing traffic into Windy Harbour to stop and give right of way to traffic travelling to and from the camp ground area and the north east of the settlement.
Initial design and costing based on current quotes has identified a number of site works are required and in order to install the Stop sign a budget of $30,000 is required. As such Council is requested to approve a budget amendment allowing transfer of funds from the Windy Harbour Infrastructure Reserve.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Installing a Stop sign at the described location is intended to slow traffic coming from the high speed zoned sections of Windy Harbour Road as it travels into and through the 15km/hr zoned town site. Albeit, the Shire is yet to receive any qualified reports of an incident resulting from issues associated with this intersection.
The installation of this sign must be in a location that allows appropriate sight distances to the left and right for vehicles stopped at that sign as well as changes to the current road layout. Given the amount of work required and costs, a detailed costing has been provided below.
|
Windy Harbour Intersection Re-alignment |
|
|
Stop sign and advanced Stop sign including installation |
$500 |
|
Removal of existing line marking |
$4,000 |
|
New line marking |
$3,405 |
|
Mobilisation/demobilisation |
$1,000 |
|
Clearing of vegetation and rehabilitation |
$3,000 |
|
Clearing and stabilisation of sand dunes |
$3,600 |
|
Widening of corner (including limestone & asphalt) |
$11,400 |
|
Design time |
$276 |
|
New signage (road narrows/widens) |
$500 |
|
Dilapidation survey (Huts 101,102 and potentially 103) |
$966 |
|
Total |
$28,647 |
If Council approves the project expenditure, the Shire will undertake a period of public consultation seeking feedback from those parties immediately effected as well as the wider Windy Harbour community. In the event there is no adverse feedback or comment regarding the required works to install a Stop sign on Windy Harbour Road at the intersection of Aurora Drive, the Shire will proceed with the works within a time frame that best suits the Works Program.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
Windy Harbour Management Plan 2007-2017.
Organisational risk management:
There is risk that transferring from the Windy Harbour Reserve can jeopardise future works and impact timing of further development at the town site.
Financial Implications:
The existing unallocated available funds in the Windy Harbour Infrastructure Reserve Account is $597,533. Pending Council approval, there will be a balance of $567,533 for future infrastructure works and future land development in the Windy Harbour townsite.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council approve transfer of funds from the Windy Harbour Infrastructure Reserve of $30,000 ex gst as described in the table below:
|
Description |
Current Budget |
Amended Budget |
Variation |
|
Transfer from Windy Harbour Infrastructure Reserve |
($597,533) |
($567,533) |
($30,000) |
|
Windy Harbour Infrastructure Works – new Stop Sign |
$0 |
$30,000 |
$30,000 |
|
Net Rate Funds |
|
|
$0 |
|
Moved: Eiby, W Seconded: Tapley, D
That Council approve transfer of funds from the Windy Harbour Infrastructure Reserve of $30,000 ex gst as described in the table below:
CARRIED: 9/0 |
89
Councillors Daubney and Taylor returned to the Chamber at 6.17pm.
|
Suspension of Standing Orders:
Moved: Daubney, L Seconded: Winfield, C
That Council Suspend Standing Orders.
CARRIED: 11/0 |
|
Resumption of Standing Orders:
Moved: Jenkins, D Seconded: Bavich, D
That Council Resume Standing Orders.
CARRIED: 11/0 |
9.14.1 Proposed Budget Amendment to Replace Walpole Playground
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Walpole |
|
WARD: |
South Ward |
|
ZONE: |
Parks and Recreation |
|
DIRECTORATE: |
Works and Services |
|
FILE REFERENCE: |
F 170533 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Spencer Roberts |
|
DATE OF REPORT: |
7/12/2017 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup owns and maintains 12 playgrounds throughout the Shire. As a part of its playground maintenance program, in 2016 and 2017 the Shire carried out external audits of all Shire playgrounds. The audits assist the Shire in identifying faults and repairs that may be required in order to ensure the compulsory playground safety compliance is met. One of the recent audits highlighted a number of faults on the infrastructure at the Walpole Recreation Ground playground and following this audit Shire Officers carried out repairs to the playground.
The current Walpole playground is over 20 years old and during that time has had a number of repairs. Further, due to its age and the inability to replace parts, recent repairs have involved the entire removal of some of the components. The audit’s and ongoing inspections have identified faults that Officers believed, at the time, could either be repaired or would last until the Shire’s normal budget process consider the playground replacement. Unfortunately, the Shire is now aware that the playground has deteriorated beyond repair and requires a total replacement. The purpose of this report is to request Council to consider a budget adjustment for the replacement of this playground.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Shire of Manjimup regularly maintains all playgrounds throughout the Shire. Shire Officers conduct regular inspections every 6 to 8 weeks which includes recording the condition and undertaking repairs helping to maintain play equipment to a safe standard. External compliance audits are also carried out every two years checking and reporting safety and other conditions that relate directly to the Australian Standards for Playground Safety.
The playground at Walpole recreation ground is the only playground infrastructure in the Town of Walpole. The equipment consists of steel and plastic components and because of the location of the playground it is susceptible to quite harsh conditions due to salt air which leads to the deterioration of the components.
Given the extent of deterioration of this asset was identified outside of the Shire’s normal budgeting time frame and process and to a large degree, was not expected, Council is requested to approve a budget amendment. Officers have sought quotes for supply and install of the new equipment, based on ‘like for like’, and are requesting $39,000 ex GST. As such, it is recommended that $39,000 ex GST from the 2017/18 Walpole Main Street carry forward budget be transferred to fund the Walpole Playground replacement. Given the Walpole Main Street budget has a current surplus of $49,806 it would be appropriate to spend part of this balance in Walpole.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
One of the objectives of Council’s policy 10.2.2 Standard of Maintenance for Parks Assets within the Shire is to ensure an appropriate standard of Service Level for park infrastructure.
The Shires 2017-27 Strategic Community Plan identifies play infrastructure as a community gaol for liveability features and playgrounds are one of our top three service areas where the community is quite happy.
Organisational risk management:
There is a high risk to the Shire of Manjimup with financial and reputational implications, retaining non-compliant play equipment.
Financial Implications:
Quotes of $39,000 ex GST to $49,000 ex GST have been received for the purchase and installation of replacement play equipment. The cheapest quote will provide ‘like for like’ new equipment.
Sustainability:
Environmental: Nil
Economic: Nil
Social: The Shire of Manjimup is committed to providing good maintenance of its public open space assets, including playgrounds, which allow healthy social interaction for families and visitors to the Shire of Manjimup.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council approve the budget adjustment of $39,000 ex GST as described in the table below for the replacement of the playground at the Walpole recreation ground.
|
Description |
Current Budget |
Amended Budget |
Variation |
|
2017/18 Walpole Main Street carry forward |
$49,806 |
$10,806 |
($39,000) |
|
Walpole Playground Replacement |
$0 |
$39,000 |
$39,000 |
|
Net Rate Funds |
|
|
$0 |
|
Moved: Jenkins, D Seconded: Eiby, W
That Council approve the budget adjustment of $39,000 ex GST as described in the table below for the replacement of the playground at the Walpole recreation ground.
MOTION carried 9/2
|
93
9.14.2 Proposed Transfer of Funds from the Playground Major Repair Reserve for Maintenance of the Timber and Heritage Park Playground
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Manjimup |
|
WARD: |
Central |
|
ZONE: |
Parks and Recreation |
|
DIRECTORATE: |
Works and Services |
|
FILE REFERENCE: |
F170533 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Spencer Roberts |
|
DATE OF REPORT: |
2/01/2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup installed the playground at the Manjimup Timber and Heritage in 2013 with the assistance of the State Government’s Royalties to Regions Program and Lottery West Grants. The park and playground have proved very popular to the local community and visitors alike, with numbers visiting the park increasing dramatically since the installation of the playground. The playground is considered the Shire’s premier playground and tourist attraction.
In order to keep this infrastructure at a standard that provides an appropriate level of service for the parks users as well being a suitable attractor to the park, occasional major repairs are required. The purpose of this report is to request Council to consider a transfer of funds from the Playground Major Repair Reserve for the painting maintenance of this Playground.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The playground at the Timber and Heritage Park has become one of the major tourist attractions to the Shire of Manjimup. As a major asset to the Shire it is essential that the appearance and maintenance is kept to a high standard. The playground consists of many timber components which require regular maintenance to avoid splitting and fading of the timber as well as ensuring stability and structural integrity of the equipment is maintained. As such the timber components require painting every three to five years depending on weather conditions. The Shire has obtained quotes from two local and qualified painting contractors, with the cheapest being $13,500 ex GST. If approved, these works will be carried out by the end of March 2018.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
One of the objectives of Council’s policy 10.2.2 Standard of Maintenance for Parks Assets within the Shire is to ensure an appropriate standard of Service Level for park infrastructure.
The Shires 2017-27 Strategic Community Plan identifies play infrastructure as a community gaol for liveability features and playgrounds are one of our top three service areas where the community is quite happy.
Organisational risk management:
The risk of not keeping up the painting maintenance will lead to the timber detreating which will lead to splitting and making the playground beyond repair.
Financial Implications:
The purpose of the Shire’s Playground Major Repair Reserve is to set aside funds for future major repairs. If funds are approved a local contractor will be appointed to carry out the works required at the cost of $ 13,500 ex gst.
Sustainability:
Environmental: Ensuring appropriate maintenance of equipment provides a longer lasting and compliant playground.
Economic: Nil.
Social: The Shire of Manjimup is committed to providing good maintenance of its public open space assets, including playgrounds which allow healthy social interaction for families and visitors to the Shire of Manjimup.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council approve transfer of $13,500 ex gst from the Playground Major Repair Reserve for the painting maintenance of the playground at the Timber and Heritage Park.
|
Description |
Current Budget |
Amended Budget |
Variation |
|
T/F From Playground Major Repair Reserve |
$30,000 |
$6,500 |
($6,500) |
|
Timber and Heritage Park Playground Maintenance |
$0 |
$13,500 |
$13,500 |
|
Net Rate Funds |
|
|
$0 |
|
Moved: Bavich, D Seconded: Taylor, R
That Council approve transfer of $13,500 ex gst from the Playground Major Repair Reserve for the painting maintenance of the playground at the Timber and Heritage Park.
CARRIED: 11/0 |
96
9.15.1 Minutes of the Airfield Management Committee Meeting held on 29 November 2017
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Dawn Road, Manjimup |
|
WARD: |
Central |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Works & Services |
|
FILE REFERENCE: |
F161131 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Catherine Scollan |
|
DATE OF REPORT: |
5/01/2018 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The purpose of this report is to accept the unconfirmed minutes of the Airfield Management Committee meeting held on 29 November 2017. A copy of the minutes is included in the attachment.
ATTACHMENT: 9.15.1(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
There was one recommendation made by the Airfield Management Committee which also required amendment to the current Terms of Reference requiring Council approval.
|
Committee Recommendation |
Officer’s Comment |
|
Following the resignation of the Department of Biodiversity Conservation and Attractions (DBCA) Parks and Wildlife Services Officer Greg Simpson in October 2017, the Airfield Management Committee accepted the nomination of DBCA Parks and Wildlife Services Officer Bradley Barton to fill the position of DBCA Representative. |
Supported. |
The proposed new Airfield Management Committee’s Terms of Reference is included in the attachment.
ATTACHMENT: 9.15.1(2)
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
The airport services a large geographical area providing emergency access to firefighting and hospitals
Organisational risk management:
Nil
Financial Implications:
In accordance with Council’s adopted budget.
Sustainability:
Environmental: Nil
Economic: Nil
Social: The Airport is critical infrastructure to the community
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council
1. Receive the unconfirmed Minutes of the Airfield Management Committee Meeting, held 29 November 2017, as shown in attachment 9.15.1(1)
2. Remove Greg Simpson as Department of Biodiversity Conservation and Attractions Representative;
3. Appoint Bradley Barton as the Department of Biodiversity Conservation and Attractions Representative, in accordance with the updated Terms of Reference; and
4. Amend the terms of reference for the Airfield Management Committee, as per attachment 9.15.1(2).
|
Moved: Salomone, J Seconded: Winfield, C
That Council 1. Receive the unconfirmed Minutes of the Airfield Management Committee Meeting, held 29 November 2017, as shown in attachment 9.15.1(1) 2. Remove Greg Simpson as Department of Biodiversity Conservation and Attractions Representative; 3. Appoint Bradley Barton as the Department of Biodiversity Conservation and Attractions Representative, in accordance with the updated Terms of Reference; and 4. Amend the terms of reference for the Airfield Management Committee, as per attachment 9.15.1(2). CARRIED: 11/0 |
99
9.15.2 Minutes of the Local Emergency Management Committee 23 November 2017
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
All |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F160103 |
|
LEGISLATION: |
Local Government Act 1995 / Emergency Management Act 2005 |
|
AUTHOR: |
Todd Ridley |
|
DATE OF REPORT: |
5 December 2017 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The minutes of the Local Emergency Management Committee (LEMC) meeting held on the 23 November 2017 are attached.
ATTACHMENT: 9.15.2(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The LEMC made one resolution that requires a formal decision of Council and one that will be dealt with by administration.
|
LEMC Resolution |
Officers Comments |
|
That Western Power (Ray Deall) be added to the Membership of the Local Emergency Management Committee. |
The LEMC resolution is supported. Comments are tabled in the minutes. |
|
The Community Emergency Services Manager write to the Water Corporation and TELSTRA to clarify there involvement on the Committee |
This matter will be dealt with by administration. |
A draft of the revised Terms of Reference, reflecting the change in committee membership is shown attached.
ATTACHMENT: 9.15.2(2)
STATUTORY ENVIRONMENT:
Emergency Management Act 2005
Local Government Act 1995
Policy / Strategic Implications:
Nil
Organisational risk management:
Nil
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Receive the minutes of the Local Emergency Management Committee meeting held on the 23 November 2017 as contained in the attachment:
2. Adopt the revised Terms of Reference for the Local Emergency Management Committee as shown at Attachment: 9.15.2(2), adding Western Power (Ray Deall) to the Membership of the Committee.
|
Moved: Eiby, W Seconded: Taylor, R
That Council: 1. Receive the minutes of the Local Emergency Management Committee meeting held on the 23 November 2017 as contained in the attachment: 2. Adopt the revised Terms of Reference for the Local Emergency Management Committee as shown at Attachment: 9.15.2(2), adding Western Power (Ray Deall) to the Membership of the Committee. CARRIED: 11/0 |
101
9.16.1 Meeting Minutes of Manjimup Recreation Advisory Committee Meeting held 11 December 2017
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Manjimup |
|
WARD: |
Central |
|
ZONE: |
Parks and Recreation |
|
DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F160038 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Evy Apeldoorn |
|
DATE OF REPORT: |
20/12/2017 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The unconfirmed Minutes of the Manjimup Recreation Advisory Committee (MRAC) meeting held on 11 December 2017 are attached.
ATTACHMENT: 9.16.1(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
No items arose at the informal meeting that require a decision from Council, other than a number of proposed changes in representation of Cricket and the Warren Equestrian Centre on the Manjimup Recreation Advisory Committee.
|
Committee Recommendation |
Officer Recommendation |
|
That the resignation of Jamie Nicolau as Cricket representative is accepted. |
As per the committee recommendation |
|
That the nomination of Dane Raper as Cricket representative is accepted |
As per the committee recommendation |
|
That the resignation of Dave Stirling as Warren Equestrian Centre representative is accepted |
As per the committee recommendation |
|
That the nomination of Karen Trenaman as the Warren Equestrian Centre Proxy representative is accepted |
As per the committee recommendation |
|
That the nomination of Diana Fisher as proxy representative, of the Warren Equestrian Centre are accepted |
As per the committee recommendation |
As a result of these changes, the amended Terms of Reference are attached.
ATTACHMENT: 9.16.1(2)
STATUTORY ENVIRONMENT:
Local Government Act 1995
Policy / Strategic Implications:
Shire of Manjimup Sport & Recreation Strategic Plan 2014-2024
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Acknowledgement of contribution of sporting clubs and community members in the sustainable development of community sport and recreational facilities.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Receive the unconfirmed meeting minutes of the Manjimup Recreation Advisory Committee meeting held 11 December 2017 as per Attachment: 9.16.1(1);
2. Accept the resignation of Jamie Nicolau as Cricket representative;
3. Accept the nomination Dane Raper as Cricket representatives;
4. Accept the resignation of Dave Stirling as the Warren Equestrian Centre representative;
5. Accept the nomination of Karen Trenaman as the Warren Equestrian Centre representative;
6. Accept the nomination of Diana Fisher as proxy representative, for the Warren Equestrian Centre; and
7. Accept the amended Terms of Reference as per Attachment: 9.16.1(2) in accordance with the before mentioned resignations and appointments.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Receive the unconfirmed meeting minutes of the Manjimup Recreation Advisory Committee meeting held 11 December 2017 as per Attachment: 9.16.1(1); 2. Accept the resignation of Jamie Nicolau as Cricket representative; 3. Accept the nomination Dane Raper as Cricket representatives; 4. Accept the resignation of Dave Stirling as the Warren Equestrian Centre representative; 5. Accept the nomination of Karen Trenaman as the Warren Equestrian Centre representative; 6. Accept the nomination of Diana Fisher as proxy representative, for the Warren Equestrian Centre; and 7. Accept the amended Terms of Reference as per ATTACHMENT: 9.16.1(2) in accordance with the before mentioned resignations and appointments. CARRIED: 11/0 |
104
9.16.2 Minutes of the Access and Inclusion Advisory Committee Meeting Held 8 December 2017
|
OPROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
Whole of Shire |
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WARD: |
Whole of Shire |
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ZONE: |
All |
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DIRECTORATE: |
Community Services |
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FILE REFERENCE: |
F160037 |
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LEGISLATION: |
Disability Services Act 1993 Commonwealth Disability Discrimination Act 1992 Equal Opportunity Amended Act Western Australia 1998 |
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AUTHOR: |
Gail Ipsen Cutts |
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DATE OF REPORT: |
21/12/2017 |
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DECLARATION OF INTEREST: |
Nil |
Background:
The unconfirmed Minutes of the Access and Inclusion Advisory Committee (AIAC) meeting held 8 December 2017 are attached.
ATTACHMENT: 9.16.2(1)
ATTACHMENT: 9.16.2(2)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
There are two decisions requiring a decision of Council as a result of this meeting.
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Committee Recommendation |
Officer Recommendation |
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That Paula Taylor be endorsed as the new representative for Home and Community Care |
As per Committee Recommendation |
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That Liz Lockyear be endorsed as the proxy representative for Home and Community Care |
As per Committee Recommendation |
The Terms of Reference for the Advisory Committee will be amended to reflect the nominated changes.
The Terms of Reference will also be amended to note that both representatives of the Disability Services Commission have resigned from the Commission and as such the positions are vacant.
ATTACHMENT: 9.16.2(3)
STATUTORY ENVIRONMENT:
- Disability Services Act 1993
- Commonwealth Disability Discrimination Act 1992
- Equal Opportunity Amended Act Western Australia 1998
Policy / Strategic Implications:
- Shire of Manjimup Access and Inclusion Plan 2013 – 2018
- Shire of Manjimup Access and Inclusion Policy 3.8.1
Organisational risk management:
Nil
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: The Shire of Manjimup is committed to ensuring that the community is an accessible and inclusive community for people with disability, their families and carers.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council
1. Receive the unconfirmed Minutes of the Access and Inclusion Advisory Committee meeting held 8 December 2017 as per Attachments: 9.16.2(1) and 9.16.2(2).
2. Accept the nomination of Paula Taylor as the representative for Shire of Manjimup Home and Community Care on the Access and Inclusion Advisory committee.
3. Accept the nomination of Liz Lockyear as the Proxy representative for Shire of Manjimup Home and Community Care on the Access and Inclusion Advisory committee.
4. Amend the Terms of Reference for the Access and Inclusion Advisory Committee as per attachment 9.16.2(3).
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Moved: Eiby, W Seconded: Tapley, D
That Council 1. Receive the unconfirmed Minutes of the Access and Inclusion Advisory Committee meeting held 8 December 2017 as per Attachments: 9.16.2(1) and 9.16.2(2). 2. Accept the nomination of Paula Taylor as the representative for Shire of Manjimup Home and Community Care on the Access and Inclusion Advisory committee. 3. Accept the nomination of Liz Lockyear as the Proxy representative for Shire of Manjimup Home and Community Care on the Access and Inclusion Advisory committee. 4. Amend the Terms of Reference for the Access and Inclusion Advisory Committee as per attachment 9.16.2(3).
CARRIED: 11/0 |
11.1 Response to questions from members taken on notice. Nil
11.2 Questions from members. Nil
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING: Nil
14. MEETING CLOSED TO THE PUBLIC:
14.1 Matters for which the meeting may be closed.
Voting Requirements: Simple Majority
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Moved: Salomone, J Seconded: Herbert, V
That Council goes behind closed doors to consider:
Item 14.1.1 as under Section 5.23(2) (e) it deals with a matter that if disclosed, would reveal (i) a trade secret; (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial affairs of a person, where the trade secret or information is held by, or is about, a person other than the local government.
CARRIED: 11/0 |
14.1.1 Proposed Cafe Lease Transfer - 5C Brockman St, Manjimup
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PROPONENT |
R Howe |
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OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
5C Brockman St, Manjimup |
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WARD: |
Central |
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ZONE: |
Town Centre |
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DIRECTORATE: |
Business |
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FILE REFERENCE: |
F161422 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Jasmine Bamess |
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DATE OF REPORT: |
2 January 2018 |
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DECLARATION OF INTEREST: |
Nil |
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Moved: Jenkins, D Seconded: Daubney, L
That Council come from behind closed doors. CARRIED: 11/0 |
14.2 Public reading of resolutions that may be made public.
RESOLUTION WAS READ OUT
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Step 1 consent in accordance with the local government (administration) regulations 1996
The following four Councillors consent to the consideration of a Motion to rescind Council’s decision of 16 November 2017 relating to the lease for 5C Brockman St, Manjimup as the sale did not take effect:
Cr Robert Taylor
Cr Dave tapley
Cr Dean Bavich
Cr Wendy Eiby
STEP 2 (If Consent is granted from Step 1 – Absolute Majority required) Motion:
That Council revoke its decision in relation to item 14.1.1 on 16 November 2017.
STEP 3 (Only if Step 2 is carried by Absolute Majority) MOTION: That Council, subject to the sale taking effect, consent to the transfer of the existing lease of 5C Brockman St, Manjimup to Roderick Howe to expire 31 March 2020.
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15. APPLICATIONS FOR LEAVE OF ABSENCE:
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Moved: Tapley, D Seconded: Herbert, V
That Council grant Cr Jayde Salomone a Leave of Absence for the 8 February 2018 Council meeting.
CARRIED: 11/0 |
There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 6.40pm.
SIGNED:…………………………………….DATE: …………………………
Paul Omodei
Shire President