Minutes of Ordinary Council

Councillor Bavich declared a Financial Interest in Item L.1 as he has provided a property valuation quote to determine market value before and after rezoning of the property.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice. Nil

5.2 Public Question Time

5.2.1 Rob Fittock for Statewide Investments - Item 9.6.1 - Commencement of Construction without a Building Permit - Lot 1 (No 27685) South Western Highway, Balbarrup.

· On 8 December 2017 we were advised that Building Permit hadn’t been approved as Planning Approval hadn’t been granted. However the Planning Approval had been granted 11 November 2017.

· Building work was stopped immediately when advised that Building Approval had not be granted.

Director Development and Regulation responded: The application was passed to me and looking at the application it was apparent that it was incomplete. There are certain time frames within in which an application has to be dealt with.

· The application was granted at 8.42am on 22 December 2017. The footings were cast on 21 December, 2017. Work ceased immediately they were advised that the Building Application had not been granted.

5.2.2 Lucinda Giblett – Stellar Violets Inc. – Item 9.5.7 Request for Support - Proposed Scheme Amendment over Lot 1 (No 21) Middlesex Road, Middlesex.

· We would ask Councillors to support the recommendation before Council tonight.

· This is long term project for the benefit of the community.

· Currently have a number of living museum artefacts including an electric vehicle.

· Plans to have an exhibition centre.

· Currently have an organic children’s playgroup.

· Run by volunteers.

5.2.3 Mary Nixon

· Shire Policies provide guidance to staff.

· Do the minutes record reasons for decisions by Council?

· Why is there no list of which Councillors voted for or against a recommendation?

Chief Executive Officer responded: Legislation require recording of resolutions. If there is a significant change to the officer recommendation, there must be reasons stated for that change.

Where some Councillors vote against the recommendation a list of who voted for and against the recommendations is indicated in the minutes.

5.2.4 Wade De Campo for Statewide Resources.

· Being prosecuted for 8 footings because of 42 minutes.

· There is a degrading relationship between Statewide Resources and Shire Staff.

· Look into reasons for prosecution.

· Peter Tagliaferri is known for pushing the boundaries and Rob Fittock is the mediator.

· Is it really worth prosecuting for 8 footings.

· Progress was halted as soon as they were advised to do so.

5.2.5 Dianna Western – Item 9.5.5 Retrospective Application for Dam Extension at Lot 2066 Kimber Road, Ringbark.

· Would like to thank you for your help over the last month.

· Reiterate the dam was built after our home was built.

· Want the potential dangers of the leaks from the dam resolved to protect family.

5.2.6 Jason Dangelo-Buckley - Item 9.5.5 Retrospective Application for Dam Extension at Lot 2066 Kimber Road, Ringbark.

· Thank Councillors.

· The dam was built well before we bought the property.

· Asked a dam builder for his help.

· The dam was enlarged unbeknownst to us.

· Unwittingly pumped too much water into the dam above the cored level and this created issues.

· The water above the cored line has now subsided.

· Other excess water is coming from the land which up until recently had blue gums growing on it. They would have been using about 1.5 mega litres of water.

· Would be happy to install overflow pipes in the dam wall.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations

6.2.1 A Citizenship Ceremony was held for Mrs Kate Baker. The Shire President congratulated her on behalf of Councillors and Staff.

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Bavich, D Seconded: Taylor, R

27326

That the Minutes of the Ordinary Meeting of the Council held on 18 January 2018 be confirmed.

CARRIED: 10/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Bavich, D Seconded: Tapley, D

27327

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 86 of the Agenda with the exception of:

9.3.1	Proposed Middlesex Hall Lease and Sublease
9.3.5	Budget Review Adjustments - December 2017
9.5.1	Proposed Rural Worker's Accommodation at Lot 101 (140) Roche Road, Eastbrook
9.5.5	Retrospective Application for Dam Extension at Lot 2066 Kimber Road, Ringbark
9.5.7	Request for Support - Proposed Scheme Amendment over Lot 1 (No 21) Middlesex Road, Middlesex
9.6.1	Commencement of Construction without a Building Permit - Lot 1 (No 27685) South Western Highway, Balbarrup
9.9.1	Request for Councillor Representation on the Southern Forest Alcohol and Other Drug Committee and Liquor Accord.
9.12.1	Proposed Budget Amendment - North Walpole Road, Walpole
9.13.1	Proposed Amendment to Staff Training Budget
9.15.1	Minutes of the Northcliffe Forest Park Management Committee meeting held 17 January 2018
9.16.1	Minutes of the Manjimup Timber & Heritage Park Advisory Committee Meeting held 12 December 2017

CARRIED: 10/0

Items passed by En Bloc Resolution

9.3.2 Council Financial Payments November 2017

9.3.3 Proposed Licence to Occupy for Emergency Access to Parkfield Drive - Lot 8692 Double Bridges Road, Northcliffe

9.3.4 Monthly Financial Activity Statement - December 2017

9.5.2 Request for Council Support to Modify Dams and a Section of Grays Road, Quinninup

9.5.3 Proposed Overheight Outbuilding on a Vacant Lot at Lot 854 (No 8) Muir Street, Manjimup

9.5.4 Change of Use from a 'Dwelling' to 'Holiday House' at Lot 99 (40) Karri Street, Walpole

9.5.6 Proposed Revision of Local Planning Policy No 6.1.2 - Advertising of Planning Proposals

9.9.2 Proposed Review of Policy 3.1.3 Community Funds Allocation

9.9.3 Community Services Directorate Quarterly Report October - December 2017

ATTACHMENT

9.3.2 Council Financial Payments November 2017

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	17/01/2018
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 $2,877,101.96 for the month of November 2017 are itemised in the attachment and in the Corporate Card Statement listed below.

ATTACHMENT: 9.3.2(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 8 February 2018.

Fund	Vouchers	Amount
Municipal	90609 - 90715	$612,742.28
Trust Fund	3090 - 3103	$1,120.00
Total Cheques for Month of November 2017		$613,862.28

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 8 February 2018

Fund	Batch	Amount
Municipal	319 – 330	$2,256,878.39
Total EFT for Month of November 2018		$2,256,878.39

Corporate Credit Card November 2017 – Municipal Account

1010WA3.1.57	B Select Mandurah Replacement Tyre 1010WA – DD&R		$329.00
20276.7.58	Card Fee		$18.25
20148.213.52	The Rose Hotel Bunbury Accommodation L Wedrat – OSH Training		$125.00
20049.197.57	Bridgetown Hotel Lunch – Shire of Bridgetown for Warren Blackwood Stock Route meeting		$71.00
20026.82.58	Abbey Beach Resort Busselton Accommodation & Breakfast – New councillor training CR. M Ventris		$191.00
20047.81.52	Boot Camp Digital Facebook training for new PRO		$49.81
86.4999.6405.57	Adobe Creative Cloud CS7 Suite for PRO to design documents		$74.76
20026.81.58	Comfort Hotel Perth Accommodation for Shire President – Presidents, Mayors & Deputies Day		$126.88
20026.81.58	Comfort Hotel Perth Accommodation for Deputy Shire President – Presidents, Mayors & Deputies Day		$126.88
20276.7.58	Card Fee		$18.25
69.4999.7300.57	Liquid Files Licence upgrade 10-100 users – 1 year		$1,068.36
20139.848.57	Coles Manjimup Various Groceries for seniors week		$301.40
99999.908.99	Westnet Internet services 1/1/17 – 1/12/17		$614.94
68.4999.3240.57	Crabapple Lane Bed & B Nannup Accommodation ITC consultancy IT for Shire of Nannup		$150.00
68.4999.7300.57	Teamviewer.com Teamviewer corporate subscription - 1 year		$1,482.46
20276.7.58	Card Fee		$18.25
20496.197.58	Tribe Perth Breakfast, Dinner & Parking DWS – WADE event		$56.00
150.9502.20.50	DWER – Water Clearing permit – Mottram St		$200.00
711.299.3240.57	Blue Tiger Café Coffee – meeting with Mainroads WA		$12.50
20260.198.52	Blue Dog Training White card training – N Phungana		$80.00
20260.198.52	Blue Dog Training White card training – M Tascon		$80.00
20260.198.52	Centre for Pavement En Box Hill Improved pavement design training - Tascon		$395.00
20049.197.57	Patricia Ann Keegan (Bello Torta) Morning tea SMT ST:5		$122.20
20276.7.58	Card Fee		$18.25
66.4999.7300.57	Adobe Creative Cloud Monthly Subscription for CAO		$52.10
20049.197.57	Patricia Ann Keegan (Bello Torta) Morning tea SMT ST:6		$120.40
66.4999.3240.57	Tall Timbers Manjimup 3 meals – Places & Faces Comp WA photo		$96.00
66.4999.3240.57	Manjimup Liquor World Refreshments – Places & Faces opening night		$75.97
66.4999.3240.57	Woolworths Grocery Items – Places & Faces opening night		$70.17
20219.198.52	City Kebab Perth DCS meal – National hazard management workshop		$11.00
20219.198.52	City of Perth Parking Parking DCS – National hazard management workshop		$5.14
20219.198.52	CPP His Majestys Perth Parking DCS – National hazard management workshop		$24.70
20468.198.52	Blue Dog Training WA Construction White Card – E Apeldoorn		$80.00
20049.197.57	Coles Manjimup Staff Nibbles		$13.20
85.4220.7328.57 85.4220.2044.57	WEX (Coles) Groceries & items for café Lil – MRAC		$64.17
20276.7.58	Card Fee		$18.25
Total Credit Card Payments			$6,361.29
Total Payments for the month October 2017		$2,877,101.96

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 November 2017 totalling $2,877,101.96 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Tapley, D

27328

That Council receive the accounts paid during November 2017 totalling $2,877,101.96 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.3.3 Proposed Licence to Occupy for Emergency Access to Parkfield Drive - Lot 8692 Double Bridges Road, Northcliffe

PROPONENT	Shire of Manjimup
OWNER	Mr G Doust
LOCATION / ADDRESS:	Lot 8692 Double Bridges Road, Meerup
WARD:	Coastal
ZONE:	Rural Small Holdings
DIRECTORATE:	Business
FILE REFERENCE:	F180061
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jasmine Bamess; Todd Ridley
DATE OF REPORT:	22 January 2018
DECLARATION OF INTEREST:	Nil

Background:

There are 21 properties in the estate serviced by Parkfield Drive, Northcliffe. A risk assessment of the subdivision has identified there is only one exit route from Parkfield Drive direct to Windy Harbour Road, and therefore an identified need for a second emergency access route. It is proposed to resolve this by an agreement with the land owner of adjoining Lot 8692 to establish an ‘emergency access way’ from the southern end of Parkfield Drive through to Double Bridges Road.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There is currently a shale constructed harvest road part way through Lot 8692 from Double Bridges Road. It is proposed the Shire will maintain this and construct an extension to the southern end of Parkfield Drive where a fire service access gate will be installed. Directional and restricted access signage will also be installed.

The proposed arrangement is a Licence to Occupy. This will give the Shire the non-exclusive right to maintain the access way and have it available for public use in the event of an emergency. It does not give the Shire an interest in the land.

STATUTORY ENVIRONMENT:

Nil

Policy / Strategic Implications:

The emergency access way will be included in any fire response plans and local emergency management arrangements.

Organisational risk management:

Nil

Financial Implications:

The Shire will be responsible for the initial construction and ongoing maintenance of the access way from Parkfield Drive through to Double Bridges Road. The Shire will patrol the area for unauthorised use.

Initial construction is budgeted for with a $30,000 allocation carried forward since the 2014/15 budget. Ongoing maintenance at $500.00 per year will be covered as part of fire mitigation expenses within the current annual budget.

There will be no fees payable to the landowner; they will benefit from having the Shire maintain their driveway and firebreaks.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Provision of a secondary emergency access route for properties on Parkfield Drive.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council enter a Licence to Occupy with the landowner for portion of Lot 8692 Double Bridges Road, Meerup for the purpose of an emergency access way from Parkfield Drive to Double Bridges Road, for a term of ten years, with a renewal option of a further ten year term, at a rental of ten dollars payable on demand.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Tapley, D

27329

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.4 Monthly Financial Activity Statement - December 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:	25/01/2018
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 31 December 2017 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.4 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 December 2017 is a projected deficit $10,886.

The $10,886 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 31 December 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.

As part of the mid-year review all accounts were assessed against budget. This review did not show any adverse trends or variances that were of concern. There are minor over and under expenditures but it is expected that these will offset each other at year end 30 June 2018.

The December 17 Monthly Activity Statement serves as a review of the year to date. This issues listed below are significant items from previous reports that have seen some sort of budget adjustment or monitoring so as not to affect the end of financial year position. They are:

Financial Assistance Grants – Overall reduction of $163,396

In August 2017 Shire Officers were made aware of a significant reduction in Financial Assistance Grants due to Grants Commission modelling for Western Australian Population Growth not meeting targets.

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

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

The general Mainstreet Upgrade project was adjusted to reflect this grant reduction.

Royalties for Regions funding reduction of $3,000,000

Post-election the incoming Government reviewed all Royalties for Regions Projects with a view to consolidate revenue to help fund election promises. The negotiated reduction was tied to Town Centre Revitalisation Stage 2 project, so savings and adjustments were made within the components. This reduction is not expected to affect the overall outcome and intent of the project.

State Direct Grant reduction of $135,390

The State Government reduced the 2017/18 State Direct Grant in an effort to improve the State’s budget position. This adjustment was made after a failed attempt to remove the exemptions of Stamp Duty and Licencing on light vehicles and plant. Had the exemption removal gone ahead it would only have cost the Shire of Manjimup approximately $90,000 rather than the $135,390 taken away from the State Direct Grant.

The State Direct Grant funds road maintenance so as part of the September budget adjustments Road Maintenance was reduced by the $135,390. Due to this significant reduction Road Maintenance accounts are being watched closely

Road Maintenance 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 6 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 December 2017 as per ATTACHMENT: 9.3.4(1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Tapley, D

27330

That Council receive the Monthly Financial Activity Statement Report for December 2017 as per ATTACHMENT: 9.3.4(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.2 Request for Council Support to Modify Dams and a Section of Grays Road, Quinninup

PROPONENT	Ryan Family Farms
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Part Grays Road Reserve 2130066, Lot 1 Grays Road, Quinninup
WARD:	East
ZONE:	Road Reserve, Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180001, P56236, P56237
LEGISLATION:	Planning and Development Act 2005; Shire of Manjimup Local Planning Scheme No.4, Land Administration Act 1997
AUTHOR:	Jason Giadresco
DATE OF REPORT:	22 January 2018
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a proposal to modify part of Grays Road, Quinninup. A copy of the correspondence provided by the proponent is attached.

ATTACHMENT: 9.5.2(1)

Location Plan

The proponent is seeking Council’s support to modify a 200m section of Grays Road, Quinninup. Currently, this section of Grays Road is relatively narrow and partially inundated with water from the proponent’s dams on the northern and southern sides. The proponent wishes to increase the capacity of both dams to ensure a greater level of water security for the horticultural operations undertaken on adjoining properties. An aerial image showing the indicative changes to the road reserve is attached.

ATTACHMENT: 9.5.2(2)

The purpose of the proposed modification of the road, as described by the proponent is to:

· Raise this section of unsealed Grays Road to a minimum height of approximately 2.3m above the existing road level to facilitate the construction of dam banks on both the northern and southern sides of the road reserve.

· Raise the road height to remove the ponded water from the existing dams out of Council’s road reserve.

· Straighten the road and widen the corner on the south side to improve vehicle passability. No modification of the existing common property boundaries is proposed. All works will take place within the road reserve, and at the applicants cost.

The purpose of this report is to consider support for the proposed road modification. Should this be granted, further statutory processes will be required to allow for the proposal to be implemented. Should Council determine to support the proposal it will in effect provide “in-principle” support to the concept.

PUBLIC Consultation Undertaken:

Nil at this time.

COMMENT (Includes Options):

Land Status

The landowner’s property at Lot 1 Grays Road is zoned Priority Agriculture by Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The Grays Road reserve is administered and maintained by the Shire, and is reserved by the Scheme as ‘Local Roads’.

Currently two of the proponent’s dams on Lot 1 are connected under the subject section of Grays Road via two concrete pipes of unspecified size. The water level of the existing dams is less than 1m in height from the top of the existing road surface. No culvert exists between the ponded water and road shoulder. The proponent notes that the current height of the road is a result of works undertaken by the Shire in 1996.

By way of further background, Council in 2014 granted the proponent approval to realign a section of Grays Road and construct a 1.9 km long, 200m wide dam, with a capacity of 1.5 gigalitres. The vast majority of the road works pertinent to that application have been completed, but the approved dam is yet to be constructed. This proposal is linked to the previous approval as the dam walls on this section need to be raised to accommodate the additional capacity of the dam.

Design Considerations

The overall intent of the proposal is to remove the water ponded within Council’s road reserve, improve the safety of the road through the widening of the corner and provide additional height to the dam walls to accommodate the additional water capacity generated by the dam approved in 2014.

The construction of the proposed dam walls will partially be contained within the road reserve. The trafficable area of the road will be constructed on top of the raised dam walls. Specific details of the wall construction have not yet been determined, including heights, batter and material to be used and reconstruction of the section of road. The road itself will have a gravel seal.

Shire Officers are supportive of the proposal, as it provides opportunity to remove ponded water from inside Council’s road reserve, and reconstruct the affected section of road to a safer standard for the travelling public.

Shire Officers recommend to Council that to ensure that the dam walls and road are constructed to a standard that will ensure water is retained outside of the road reserve and the road can be traversed in a safe manner, a suitably qualified structural engineer is engaged by the proponent to produce a design that is acceptable to Council. Advice to this effect is contained in the Officer Recommendation below.

Request for In-Kind Support

The proponent has advised that they will assume responsibility for the majority cost and completion of the works, but have requested that Council contribute to the reconstruction of the subject section of Grays Road, on the basis the proponent’s family have made significant contribution to the maintenance and upgrading of Grays Road in previous years. It is however unclear as to what the proponents expectations of Council are at this point.

Given that the Shire stands to substantially benefit from the proposal, and the works will be undertaken at considerably expense of the proponent, Shire officers recommend that Council:

· Waive all of Statutory Planning Application Fees that will need to be paid to facilitate obtaining the necessary approvals for the execution of the proposal; and

· Consider contributing to the cost of reconstructing Grays Road.

Through inspection of the road, the Manager of Technical Services has identified that the existing concrete pipes passing under the road are aged, and in the opinion of the Manager of Technical Services, not of suitable size to dispose of water between the dams due to proposed its increased capacity. The Manager of Technical Services has recommended consideration be given to the shire installing new pipes under the road at a cost of approximately $10,000. The sizing of the concrete pipes would be determined in the detailed design of the walls and road by the proponent’s engineer, and subject to Shire approval.

Council will need to further consider a potential financial contribution as part of the 2018/19 annual budget process once a detailed cost exercise has been completed.

Statutory Requirements

Should Council resolve to support the proposal to modify the 200m long section of Grays Road, the proponent will have to make application, accompanied by appropriate detailed plans devised by a suitably qualified engineer, for development approval to undertake the works within the road reserve. Further approval from the Shire’s Technical Services Department may be required for the proponent to enter the road reserve to undertake the works required

Council is to note that support for the proposal outlined above does not constitute approval for the works. This will be subject to further assessment and consultation with the appropriate stakeholders, and final approval issued by Council at a later date. Advice to this effect will be included in the Officer Recommendation below.

Conclusion

Shire staff recommend that Council support this proposal. The proposal provides Council opportunity to improve its road infrastructure on Grays Road, whilst the proponent can improve the water security of the farming operations on the property.

STATUTORY ENVIRONMENT:

In the event Council provides ‘in-principle’ support, the proponent will be required to obtain the necessary statutory and agency approvals. Shire staff will assist in facilitating this process as is necessary.

Policy / Strategic Implications:

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

The proposal is considered to be consistent with the purpose and objectives of the Priority Agriculture Zone in ensuring the preservation of existing agricultural production, and supports the improvement of resource and investment security for agricultural and allied industry production. The proposal also improves road safety and increases the protection of Shire infrastructure. Straightening the section of the road will reduce the Shire’s maintenance costs on Grays Road.

Organisational risk management:

Nil.

Financial Implications:

If supported, Council will waive its statutory fee charges connected with this development. Additionally, further consideration towards the road reconstruction will need to be considered as part of the 2018/19 annual budget process.

Sustainability:

Environmental: The proposal greatly contributes toward the sustainable use of high quality agricultural land, by preserving existing agricultural production and allowing for new agricultural production by securing a suitable water resource. Minimal removal of vegetation in the current Grays Road reserve is required.

Economic: The proposal will support the improvement of resource and investment security for the proponent’s agricultural activities. The expansion of the water resource available will provide for increased agricultural production, providing for greater local employment.

Social: The improvement of Grays Road will reconfigure a problematic section and make use of the road safer.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Advise the proponent it prepared to grant ‘in-principle’ support to the modification of part Grays Road Reserve 2130066 for the purposes of dam construction on Lot 1 Grays Road subject to:

a) Application for dam construction being made to Council, supported by a detailed design of the proposed road modifications and dam walls prepared by a suitably qualified engineer; and

b) A detailed breakdown of the total cost of the proposal being prepared to the satisfaction of the Manager of Technical Services.

2. Waives all Council statutory fee charges associated with the proposal.

3. Advises the applicant that it is prepared to consider contributing to the proposed reconstruction of Grays Road as part of the 2018/19 and requests that the applicant clarify their expectations as to the Shires contribution towards the project.

4. Await a further report on the matter, subject to the matters above being addressed to the satisfaction of the Chief Executive Officer.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Tapley, D

27331

That Council:

1. Advise the proponent it prepared to grant ‘in-principle’ support to the modification of part Grays Road Reserve 2130066 for the purposes of dam construction on Lot 1 Grays Road subject to:

a) Application for dam construction being made to Council, supported by a detailed design of the proposed road modifications and dam walls prepared by a suitably qualified engineer; and

b) A detailed breakdown of the total cost of the proposal being prepared to the satisfaction of the Manager of Technical Services.

2. Waives all Council statutory fee charges associated with the proposal.

4. Await a further report on the matter, subject to the matters above being addressed to the satisfaction of the Chief Executive Officer.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.3 Proposed Overheight Outbuilding on a Vacant Lot at Lot 854 (No 8) Muir Street, Manjimup

PROPONENT	Mr AB & Mrs DC Johnson
OWNER	Mr AB & Mrs DC Johnson
LOCATION / ADDRESS:	Lot 854 (8) Muir Street, Manjimup
WARD:	Central
ZONE:	Residential R20
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/263; P51774
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	15/01/2018
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider a development application for an over height outbuilding on vacant Lot 854 (8) Muir Street, Manjimup. Location, site and development plans are attached.

ATTACHMENT: 9.5.3(1)

Location Plan

The land, having an area of 2,226m² is currently vacant, with road access available from Muir Street. The property previously had Council approval for a Grouped Dwelling in 2014, but has since expired and is no longer valid.

Approval is sought to a 20m by 9m (180m²) outbuilding with a wall height of 3.75m and a ridge height of 4.62m. Supporting correspondence states that the outbuilding is be built to accommodate a caravan and general-purpose use and is to be the first stage of development. The applicant has also supplied a plan of the future dwelling to be constructed on the property (refer attached).

ATTACHMENT: 9.5.3(2)

The application is referred to Council for determination as Shire staff do not have delegated authority to determine applications for outbuildings on vacant lots within residential zones due to the Scheme’s presumption against this form of development.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 14 day period to all adjoining landowners. Council records indicate that the letters were sent from the Shire office on 2 January 2018 with submissions closing on 16 January 2018.

One submission was received and will be discussed in the comment section of this report. A copy of the submission is attached.

ATTACHMENT: 9.5.3(3)

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme) include the land within the Residential Zone. The application has been assessed against clause 5.12.8 Outbuildings of the Scheme and LPS4 6.1.3 Domestic Outbuildings (the Policy).

The proposed shed structure constitutes a domestic outbuilding which is defined by the Residential Design Codes of Western Australia as:

“An enclosed non-habitable structure that is detached from any dwelling.”

Outbuildings within Residential zones are required to comply with the requirements prescribed by both the Scheme and Policy. To guide Council on the determination of this application, the following comments are offered:

Compliance with Scheme clause 5.12.8 (ii)

Point (ii) of clause 5.12.8 states that “…approval will not be granted for any outbuildings in any Town site or on Rural Residential and Rural Smallholdings zoned lot that does not contain a residence, unless otherwise approved by the local government.” Given that the property is currently vacant, Council’s prior approval is required.

Shire staff contacted the applicant regarding whether the application is to be a staged development. The applicant has supplied a draft of the future residence which is to be constructed early in 2018.

Further guidance on the potential to approve an outbuilding on a vacant lot is provided within Local Planning Policy 6.1.3 as detailed below.

Compliance with Policy

The proposed outbuilding complies with the development standards identified within the policy except for the specified maximum wall and ridge heights. The Policy provides for wall heights to be 3m and ridge heights of 4.2m in this zoning. The proposed outbuilding has a wall height of 3.75m and ridge height of 4.62m.

In respect of these height variations, the applicant has stated that they intend to house a caravan in the proposed outbuilding and will require the additional height for clearance. The height variations are considered minor and the author of this report is satisfied that the development will not detrimentally impact on the amenity of the adjacent properties, as the outbuilding will be setback in accordance with setbacks required under the Residential Design Codes of WA.

With respect to Outbuildings being constructed on vacant land, the Policy stipulates that neighbouring property owners must be consulted to identify any concerns regarding the proposal. The policy advocates approval of such proposals where “no objections on material grounds have been received from the affected neighbouring property owners”. As stated within the Public Consultation section, the neighbouring property owners have been consulted and one submission has been received.

Submission

The correspondence received advises that submitters are satisfied with the proposal provided it is used for the storage of a boat and caravan only. The submitters raised concern that the proposed outbuilding could be used as an “industrial shed” and it would be an inconvenience to the occupier of the dwelling on their property. They have stated that as long as the owner/Shire can guarantee that in the future the outbuilding will only be used for storage then they agree but if can’t be guaranteed then their answer is no.

It is recommended that the adjacent landowners concerns be addressed through a condition of approval specifying that the proposed outbuilding is to be used solely for purposes incidental to the future residence on the land. The imposition of this condition will ensure that the outbuilding is to be used for domestic purposes only, the adjoining landowners concerns are addressed, and will ensure compliance with the Scheme’s zoning requirements.

Conclusion

Provided that the future use of the proposed outbuilding is restricted to domestic purposes only, the adjacent landowners concerns will be addressed. Given this, approval to the application would be consistent with the Policy and conditional approval is recommended.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Compliance with Local Planning Policy LPS4 6.1.3 Domestic Outbuildings as discussed above.

Organisational risk management:

Nil.

Financial Implications:

The development application fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The concerns of the adjoining landowner are considered to be addressed by the imposition of appropriate conditions of approval protecting the amenity of adjoining properties.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants development approval for the proposed over height outbuilding on a vacant lot at Lot 854 (8) Muir Street, Manjimup (Application TP248/2017) in accordance with the plans submitted attached at 9.5.3(1) and 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 of the Shire of Manjimup.

b) The approved Shed/Outbuilding is not to be used for Commercial, Human Habitation or any purpose other than as a domestic outbuilding, unless the further approval from the SHIRE OF MANJIMUP is obtained.

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

d) The approved outbuilding is to be used solely for purposes incidental and ancillary to the enjoyment of the future residence as the approved use of the property and not to be used for commercial purposes.

1. Advice to Applicant:

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

b) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia, the Health (Miscellaneous Provisions) Act 1911.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Tapley, D

27332

1. Advice to Applicant:

b) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia, the Health (Miscellaneous Provisions) Act 1911.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.4 Change of Use from a 'Dwelling' to 'Holiday House' at Lot 99 (40) Karri Street, Walpole

PROPONENT	Mr R C Williams
OWNER	Mr R C Williams
LOCATION / ADDRESS:	Lot 99 (40) Karri Street, Walpole
WARD:	South
ZONE:	Residential R10
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/267; P54527
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	15/01/2018
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider a development application for a change of use from a ‘Dwelling’ to a ‘Holiday House’ at Lot 99 (40) Karri Street, Walpole. The site and management details are attached.

ATTACHMENT: 9.5.4(1)

Location Plan

Lot 99 (40) has an area of 1,286m² and currently contains a dwelling, outbuilding and a patio. The application is proposing the use of the existing dwelling for the purposes of a Holiday House. The proposal will utilise the existing facilities available on the property with no new construction proposed.

The key elements of the proposal are:

· The application is proposing the number of guests to be a maximum of six (6) persons;

· The management of the property will be undertaken by the landowner;

· The cleaning will be undertaken by professional cleaners;

· No signage is proposed for the Holiday House application;

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

· Parking is available for 4 cars, undercover and a paved area; and

· Bookings for the Holiday House will be through the Air BNB website.

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

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 16 day period to all adjoining landowners. Council records indicate that letters were sent from the Shire office on 2 January 2018 with submissions closing 18 January 2018. A sign was placed on the subject property.

One submission was received and will be discussed in the comment section of this report. A copy of the submission is attached.

ATTACHMENT: 9.5.4(2)

COMMENT (Includes Options):

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

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

Land Use

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

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

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

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

Consistency with Zoning

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

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

Compliance with the Holiday Houses Policy

Details supplied in support of the application confirm the proposed use will be managed as follows:

· The proponent will manage the property and will be responsible for the maintenance of the holiday house, whilst professional cleaners have been engaged to undertake day to day cleaning of the Holiday House;

· The proponent has stated that all bookings will be made through the website Air BnB and that the key collection is to be arranged;

· The proponent has advised that the maximum number of guests will be six (6) persons. As the proponent has not stated whether these six persons will be known to each other, it is recommended that a condition be imposed requiring all occupants of the Holiday House to be known to each other, ensuring compliance with the Scheme;

· There is sufficient car parking spaces for four (4) cars within the carport and a paved area. Sufficient parking is therefore available within the site. It is however recommended that a condition requiring on-site parking for at least 2 car parking spaces to service the Holiday House be included on any approval granted by Council to reinforce this requirement;

· The proponent has supplied an Emergency Evacuation Response 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;

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

· The applicant currently have not stated whether they have Public Liability Insurance. It is recommended an appropriate condition be imposed on any approval granted by Council.

The above arrangements will ensure that operation of the proposed Holiday House will comply with the requirements of Local Planning Policy and Scheme requirements.

Building Code

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

Health Act

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

Guest Register

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

Submission

The submission provided by the Landowner at No 3 (Lot 102) Howe Court objects to the proposal on the following grounds:

· The submitter purchased property in 2012 to retire in Walpole due to the amenity it provided. The amenity of the area will be disturbed by the proposal;

· Believes that the Boronia Ridge Estate should be residential only. Suitable accommodation options are available in the Walpole area;

· Approval of the proposal will take business away from existing accommodation providers within the area;

· Believes that the proposal will detrimentally impact the area through occupant noise, particularly in the evening hours and increased traffic to and from the property; and

· Restates their objection to the proposal and that they chose to live in this area for the peace and quiet.

In general terms the potential for a Holiday House to impact on the residential amenity of an area is limited to:

· Behaviour (including noise) of the occupants; and

· Ad-hoc parking associated with activity.

In this case, the property contains a substantial driveway and hardstand areas to contain parking. Provided that all parking is contained on site, the only potential for impact would be through the behaviour of the occupants. It is recommended that appropriate conditions be imposed to ensure that the facility is appropriately managed and any inappropriate behaviour dealt with.

It should be there are currently other Holiday Houses within the Boronia Ridge Estate and the Shire have had no objections or complaints regarding these activities.

Common Boundary with Shire Reserve

As reflected on the location plan, the subject land shares a common boundary with Crown Reserve 44332, being vested with the Shire for the purposes of “Public Recreation.” During inspection of the property is was noted that the common boundary with the reserve is not fenced and there is potential for inappropriate use of the reserve to occur (i.e. parking).

In order to ensure that inappropriate use of the reserve does not occur, it is recommended that conditions be imposed to require all activities associated with the Holiday House to be contained on site and demarcation of the common boundary.

Conclusion

As detailed above, the Holiday House at Lot 99 (40) Karri Street, Walpole generally conforms to the provisions of the Shire of Manjimup Local Planning Scheme No. 4 and is compliant with Local Planning Policy 6.1.5 – Holiday Houses. The concerns raised by the adjacent landowner can be conditionally addressed by Council to ensure the amenity of the area is preserved.

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

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

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

Social: The concerns outlined in the adjoining landowners objection can conditionally addressed, and the amenity of the area preserved.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval for a Change of Use from a Dwelling to a Holiday House at Lot 99 (40) Karri Street, Walpole in accordance with the submitted plans as attached at 9.5.4(1), and subject to the following conditions:

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

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

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

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

5. Prior to the commencement of the approved use, the boundary adjoining the Shire reserve is to be demarked to the satisfaction of the Chief Executive Officer and from thereon maintained;

6. All activities relating to the Holiday House are to be contained within the subject property;

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

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

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

Advises the applicant that:

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

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

b) consist of:

· lights incorporated into the smoke alarm itself; and

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

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

3. A Building Permit is required to be obtained from Building Services for the reclassification of the Dwelling to a Holiday House.

4. Further to condition 5 above, the applicant is encouraged to erect a boundary fence on the common boundary with Crown Reserve 44332.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Tapley, D

27333