Minutes of Ordinary Council

· Over the road there was a stock pile of gravel, 28,000m³the Shire has taken somewhere between 18 and 20,000m³most has come down Dixvale Road and turned into Yanmah Road and gone past clinic about 140 metres away.

· The clinic doesn’t operate every week, Ms Taylor does clinics up in Girrawheen. This was not mentioned in the report.

· One submission said that the Clinic had been there for a long time. We have been operating a Dairy on our farm for 50 years since about 1936, has the clinic been there for a long time?

5.2.4 – Allan Lloyd - Item 9.5.5 Proposed Extractive Industry (Gravel) - Location 12067 (692) Yanmah Road, Dixvale.

· I am a client of the Naturopath.

· Ask that the Shire support a sustainable business and not a short term business.

· Insufficient information was supplied in the application and that should have been reason enough to reject the application.

· A more detailed dust and noise management plan has been requested. Will these plans be available for public comment or consultation with the affected neighbour?

Director Development and Regulation responded: This would be an operational matter, we have staff who are professional in these matters, including our Principal Environmental Health Officer. If there were days where the clinic wasn’t operating we would seek to arbitrate to find solutions. We would not release it for public comment.

· Rather than a noise buffer distance, a decibel level would be more appropriate.

· Who will monitor and regulate compliance of the operator and at whose cost?

Director Development and Regulation responded: That would be the Shire. Our Officers are endorsed under the Environmental Protection Act . We can access monitoring equipment from the Department Environment if necessary.

5.2.5.Isabel Flanagan Item 9.5.5 Proposed Extractive Industry (Gravel) - Location 12067 (692) Yanmah Road, Dixvale.

· Ask Shire not to proceed with the gravel pit.

· Make more traffic on a very narrow road, possibly causing more crashes.

· All of traffic makes more dust which might injury or kill animals.

· She is the only naturopath in Manjimup and if she moved it would take a long time to get to Bunbury.

· She has helped many people, and one of them was Nanna.

5.2.6 Peggy Johnston –

· I saw this idea in the Wheatbelt, (a large sign with Manjimup WA 6258).

· Manjimup has been good to me and I thought this would be a good idea.

· I have asked the Visitor Centre if they would be interested in putting this sign up and they said yes.

· I then realised that the building belonged to the Shire, so I’m asking if the Shire would accept putting this up on the Visitor Centre?

The Shire President responded: I think it is a fantastic initiative. We would recommend strongly that the Visitor Centre that they display it in a prominent place. I am pleased that someone of your age and your contribution to the Shire over the years has come up with this idea.

5.2.7 Mary Nixon Proposed Restaurant and Small Bar - Lot 183 (No 5) Pritchard Street, Manjimup.

· I would like the minutes from the last meeting corrected to reflect that it was me and not Helen Nixon of Northcliffe who asked questions of Council.

· I have objected to the bar & restaurant in Pritchard St and would ask that Council support the officer’s recommendation and refuse the application.

· You will have read my objection to the Proposed Extractive Industry (Gravel) - Location 12067 (692) Yanmah Road, Dixvale.

· A great deal of time and effort goes into writing these submissions and I would urge you to refuse the application in the interest of the wellbeing of the local community.

· If you do chose to support this application, you use your discretion to allow a mining operation in a prime agricultural area.

· I think it is important that the minutes explain the reasons for your decision.

· One party want to operate a mine for financial gain and on the other side will cause loss to the environment and loss of livelihood to other people.

· This decision is not impartial as the Shire has a vested interest in procuring gravel.

5.2.8 Paul Starkie - Item 9.5.5 Proposed Extractive Industry (Gravel) - Location 12067 (692) Yanmah Road, Dixvale.

· I am the contractor involved in the extraction of that rock.

· In planning document for the permit to extract gravel the distance was incorrect, my error, it is 600 metres not under 500 metres.

· Last thing I want to do is disturb another business and anything that can be done to help I will try to do.

· Flexibility and timing of movements can be looked at.

· Trucks and hours of operation are restricted.

· It can be a $250,000 saving to Shire by getting that rock locally.

5.2.9 Rosina Evans - Item 9.5.5 Proposed Extractive Industry (Gravel) - Location 12067 (692) Yanmah Road, Dixvale.

· I am a client of Cathy Taylor

· I sent a letter on 16 January to the Chief Executive Officer and each councillor. In it I outlined the work she does in her capacity as a naturopath and as a nurse. And the full range of complimentary medicines she offers to our community.

· I wish to reaffirm my support for Cathy Taylor.

5.2.10 Bevan Hall - Item 9.5.5 Proposed Extractive Industry (Gravel) - Location 12067 (692) Yanmah Road, Dixvale.

· I live opposite the people who are opposing the gravel pit.

· I am all for it.

· We need our gravel roads fixed. The Shire needs gravel and they have to get it from somewhere.

· I dug 60 marron ponds and had scrapers and dozers running for three or four months at a time with noise from 6am to 6pm and no one complained.

5.2.11 Susan Giles - Item 9.5.5 Proposed Extractive Industry (Gravel) - Location 12067 (692) Yanmah Road, Dixvale.

· I am a friend of Cathy Taylor and I am not opposed to the Gravel.

· It is important that the people of Manjimup have mental, physical and emotional support.

· It is more than just herbs.

· I ask that we protect this business and keep it in Manjimup.

6. PRESENTATIONS:

6.1 Petitions: The Chief Executive Offer advised that he has received a petition that reads “Main Roads WA will be widening the South Western Highway in Walpole to correct the variances in lane widths and make provision for cyclists through the town centre. This will require the removal of some planted peppermint trees on the northern side of the highway. By signing this petition you are agreeing to support the planned works which are to commence on the 26 February 2018.”

The petition does comply generally with our Local Law, except that a number of people who signed the petition are not electors.

It is up to the presiding member to accept or reject the petition, and I would advise the Shire President that under the Local Law 6.10.2b that this petition is rejected on the basis that the MRWA widening project on the South Western Highway does not fall within the Shire of Manjimup jurisdiction.

The Shire President determined to reject the petition and advise the petitioners of that decision.

6.2 Presentations: The Queen’s Baton Relay event last week was a great success. The organiser of the event presented me with a gold plated replica of the Baton and I gave the commitment that I would display it in a prominent place in the Council Chamber.

6.3 Deputations: Deputation from Cathy Taylor and Andrew Benton.

Cathy Taylor:

· I work at the practice 5 days a week and go to Perth for 5 days every 6 weeks to honour a commitment to previous clients.

· Gravel is resource, we can’t get enough of and I am a resource as well.

· There is only one Naturopath in Manjimup and that is me.

· Working next to a gravel pit will be impossible. As it is on a hill in a basin it amplifies the noise.

· I run a successful home based business.

· I am classified as a noise sensitive business by the EPA.

· We will be surrounded by truck movements and at some point trucks will be only 134m away from my business.

· There should be protection for innocent land owners.

Andrew Benton:

· No one can deny that Council requires gravel.

· My objection is not so much the gravel pit more about where it is to be situated.

· In summer time we often get a morning easterly wind and if that is the case we will inevitably get an evening westerly.

· There is a north south facing gully and a south west, north east facing gully. The gully to south west, north east has winds that can reach 100kph.

· Grain trucks and dairy milking occur at 4 or 5am in the morning. Cathy does not receive clients at those time so noise is not issue.

· Cathy doesn’t do what she does for the money unlike the gravel extraction.

· I propose, that to the gravel pit get off the hillside and outside the 500m zone the proponent move the gravel pit further north of the shed near the pit or northwest so that it’s on a hillside and wont project noise. And have trucks vacate down the side onto Donnelly Road.

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Bavich, D Seconded: Daubney, L

27350

That the Minutes of the Ordinary Meeting of the Council held on 8 February 2018 be confirmed with the addition of Wade De Campo’s name to the Gallery list and change Helen Nixon to read Mary Nixon on item 5.2.3.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Taylor, R Seconded: Tapley, D

27351

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 65 of the Agenda with the exception of:

CARRIED: 11/0

9.1.1	Manjimup Trail Bike Trails Hub - Pre Stage Funding Proposal
9.3.1	Proposed Windy Harbour Lease Transfer - Site 89
9.3.2	Proposed Airfield Hangar Leases - J Craven and S Hunter / C Russell
9.5.5	Proposed Extractive Industry (Gravel) - Location 12067 (692) Yanmah Road, Dixvale
9.5.6	Proposed Restaurant and Small Bar - Lot 183 (No 5) Pritchard Street, Manjimup

Items passed by En Bloc Resolution

9.2.1 Quarterly Report October - December 2017 Business

9.3.3 Council Financial Payments December 2017

9.5.1 Proposed Change of Use - Dwelling to Lodging House at Lot 348 (30) Dean Street, Pemberton

9.5.2 Proposed Gas Bottle Storage and Ramp at Lot 14 (5) Guppy Street, Pemberton

9.5.3 Proposed Transportable Dwelling at Lot 304 (7) Karri Street, Walpole

9.5.4 Delegated Planning Decisions for January 2018

9.5.7 Proposed Signage for Walpole-Nornalup Visitors Centre - Pioneer Park - South Western Highway, Walpole

ATTACHMENT

9.3.3 Council Financial Payments December 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:	16 February 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 $3,532,748.53 for the month of December 2017 are itemised in the attachment and in the Corporate Card Statement listed below.

ATTACHMENT: 9.3.3(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 1 March 2018.

Fund	Vouchers	Amount
Municipal	90716 - 90812	$208,989.07
Trust Fund	3104 - 3105	$400.00
Total Cheques for Month of December 2017		$209,389.07

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 1 March 2018

Fund	Batch	Amount
Municipal	329 – 341	$3,319,257.47
Total EFT for Month of December 2017		$3,319,257.47

Corporate Credit Card December 2017 – Municipal Account

20049.197.57	Patricia Ann Keegan (Bello Torta) Breakfast SMT meeting ST:6		$120.00
20260.198.57	University of WA Parking DWS – Executive leadership program		$10.00
20026.81.58	Pagoda Resort Spa Como Accommodation CR J Salomone – new councillor training		$182.43
20047.130.52	Apple online store Macbook air 13 (redeemed coupon)		$210.00
20047.130.52	Apple Online Store Macbook air 13 & Macbook Pro App – Salary Sacrifice CEO		$1,667.95
20033.197.58	Post Manjimup Verification of identity – Landgate transfers		$39.00
20047.81.52	Gull Settlers Roadhouse Lunch CEO & Shire President SEED report launch in Perth		$24.10
20047.81.52	Raine Square Parking CEO & Shire President SEED report launch in Perth		$30.24
86.4999.6405.57	Adobe Creative Cloud Creative cloud CS7 Suite 4 – PRO		$74.76
20049.197.57	Top Deck Café Lunch – CEO & CR Tapley – Meeting Walpole		$36.00
99999.908.99	Westnet Internet services 1/12/17 – 1/1/18		$833.59
20026.81.58	Hotel Lord Forrest Bunbury Accommodation CR J Salomone – Councillor Training		$145.00
20026.81.58	Hotel Lord Forrest Bunbury Accommodation CR P Omodei – Councillor Training		$145.00
93.8857.3240.57	OFWKS Online (Officeworks) 22x HDMI Cables		$201.31
20030.25.50	Two Little Black Birds Councillor Christmas Party		$64.60
20030.25.50	Woolworths Manjimup Councillor Christmas Party		$82.00
66.4999.7300.57	Adobe Creative Cloud Creative Cloud Monthly Subscription - CAO		$74.76
20221.874.52	Janny’s Café Pemberton community hub meeting with Architects – Lunch 3pax		$22.20
20221.197.57	Coles Manjimup Fire recovery chat sessions - Catering		$22.84
85.4220.7328.57	WEX Australia (Coles) Groceries, storage bags & Matches for Café Lil		$17.52
20441.197.52	Tall Timbers Manjimup Timber park project team coffee ST:2 Vol:1		$18.50
1012WA3.2.57	Coles Express Margaret River Fuel 1012WA 55.34L Diesel		$80.19
Total Credit Card Payments			$4,101.99
Total Payments for the month December 2017		$3,532,748.53

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 December 2017 totalling $3,532,748.53 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27353

That Council receive the accounts paid during December 2017 totalling $3,532,748.53 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.1 Proposed Change of Use - Dwelling to Lodging House at Lot 348 (30) Dean Street, Pemberton

PROPONENT	Mr C Chodorowski & Ms P Coombes
OWNER	Mr C Chodorowski & Ms P Coombes
LOCATION / ADDRESS:	Lot 348 (30) Dean Street, Pemberton
WARD:	West
ZONE:	Residential R10
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/251; P55423
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	3 January 2018
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for a change of use from a Dwelling to a Lodging House at Lot 348 (30) Dean Street, Pemberton. The site and management details are attached.

ATTACHMENT: 9.5.1(1)

Location Plan

Lot 348 (30) has an area of 964m² and currently contains a dwelling with an attached garage, patio as well as an outbuilding. The application is proposing to use the existing dwelling for the purpose of a Lodging House. The proposal will utilise the existing facilities on the property with no new construction proposed.

The key elements of the proposal are:

· The application is proposing the number of guests will be a maximum of eight (8) persons;

· The management and cleaning of the property will be undertaken by the owners, who live approximately 13.4km from the property;

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

· No signage is proposed;

· Parking is available onsite with 2 cars in the front area (including undercover garage) and 4 at the rear of the property with access via the rear lane; and

· Bookings for the Lodging House will be via email or by telephone.

The application is referred to Council for determination given the receipt of objections following advertising of the proposal.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 21 day period to all adjoining landowners. Council records indicate that the letters were sent from the Shire office on 7 December 2017 with submissions closing 4 January 2018. A sign was placed onsite.

Correspondence was received from two adjoining landowners. A summary of these landowner’s submissions is shown attached, whilst full copies of both submissions can be made available to elected members on request. Officers recommended responses to the submissions are contained within the schedule of submissions.

ATTACHMENT: 9.5.1(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No.4 (LPS No. 4) include the subject land within the Residential Zone, where a Lodging House is a ‘D’ use. That is a use that is not permitted unless the local government has exercised its discretion by granting planning approval.

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

Land Use Classification

Examination of LPS No 4 has identified that the use is consistent with the definition of a Lodging House. LPS No 4 adopts by reference the definition of a Lodging House contained with the Health Act 1911, being 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 the 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 1911²; 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 bases, and is to be operated by the current owners. The application proposes that a maximum of 8 persons will use the Lodging House at any one time.

Scheme Requirements

As prescribed by clause 10.2 of LPS No 4, the local government must have regard to various matters when determining an application for planning approval. These matters include, but are not limited to the following:

(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;

(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 and taking into consideration any Special Control Area;

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

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

In respect of these matters, elected members are advised that 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 Lodging House will provide the owner with a source of income and provided that 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.

In terms of point (xvii) the provisions of LPS No 4 do not identify any specific car parking requirements for lodging houses. Council may therefore in accordance with clause 5.17.2 determine the number of parking spaced to be provided having regard to the nature of the development, the number of employees or others engaged in the use, anticipated demand for visitor parking and the orderly, proper and sustainable planning.

Examination of aerial photography of the site appears to indicate that significantly more vehicles could be accommodated in the front and rear of the property than stated by the applicant. It should however be noted that the proposed bays are unconstructed.

Clause 5.17.9 of LPS No 4 stipulates that except as may be otherwise approved by the local government, all parking areas shall be constructed with a sealed surface with satisfactory drainage and surface lines. In this instance, the construction of a formal parking areas catering for 6-8 vehicles would result in the premises having a commercial appearance, detracting from the residential amenity of the area.

Rather than require the formal construction of parking, it is recommended that a condition is imposed to ensure that all parking associated with the activity is wholly contained within the property.

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 officers 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 specific standards for kitchen/cooking, sanitary conveniences, fire prevention and day to day management.

Clause 165 outlines that 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 manage by persons living off-site contrary to the requirements of the Shires Health Local Laws. Should Council wish to approve the application, it is recommended that a condition be imposed to require modification of the proposed site plan to reflect provision of a live in manager. A condition should also be imposed to require a live in manager on the premises at all times.

Building Requirements

In accordance with the Building Act 2016, 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

Provided that Council is satisfied with the provision of informal parking at the site, the proposal complies with the provisions of the Shire of Manjimup Local Planning Scheme No. 4. Provided that the application is modified and conditioned to reflect the requirement for a live in manager, the use will also be compliant with the Shire of Manjimup Health Local Laws. Conditional approval is therefore recommended.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The application has been assessed against the provisions of the Shire of Manjimup Health Local Laws Part 9 – Lodging Houses.

The proposed Emergency Evacuation Response Plan show that the assembly area / muster point is located at the Pemberton Sports Club. The assembly area / muster point is supposed to be located on the subject property. The Pemberton Sports Club muster point would be more for the likes of a major bushfire.

A condition to be placed on any approval granted by Council requesting the proponents to submit a new plan showing the assembly area / muster point on the subject property.

Organisational risk management:

Nil.

Financial Implications:

The required application fee has been paid in accordance with the schedule of fees and charges adopted as part of the 2017/18 annual budget.

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 potential impact of the use is directly related to the management of the property and behaviour of the occupants. Ensuring that a live-in manager is located on site, should ensure that the occupants behave in a manner that is appropriate for a residential area.

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 348 (30) Dean Street, Pemberton in accordance with the submitted plans as attached at 9.5.1(1), and subject to the following conditions:

a) Prior to commencement of the use hereby approved, the applicant shall submit revised plans demonstrating provision within the premises for an on-site keeper or manager;

b) Where there is more than 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 eight (8) 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 any 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;

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

f) A new Emergency Evacuation Response Plan showing the muster point to be on the subject property to be submitted to the satisfaction of the Chief Executive Officer;

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 signage proposed or 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 the 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 alarms 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 2016.

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.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27354

That Council:

a) Prior to commencement of the use hereby approved, the applicant shall submit revised plans demonstrating provision within the premises for an on-site keeper or manager;

b) Where there is more than 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 eight (8) persons in the premises at any one time to the satisfaction of the Shire of Manjimup;

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

f) A new Emergency Evacuation Response Plan showing the muster point to be on the subject property to be submitted to the satisfaction of the Chief Executive Officer;

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 signage proposed or 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:

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

ii. consist of:

· lights incorporated into the smoke alarms 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 2016.

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.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.2 Proposed Gas Bottle Storage and Ramp at Lot 14 (5) Guppy Street, Pemberton

PROPONENT	Top Ten Investments
OWNER	Top Ten Investments
LOCATION / ADDRESS:	Lot 14 (5) Guppy Street, Pemberton
WARD:	West
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/250; P50253
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	15 January 2018
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider a development application for a proposed Gas Bottle Storage and Ramp at Lot 14 (5) Guppy Street, Pemberton. Site and development plans are attached.

ATTACHMENT: 9.5.2(1)

Location Plan

Lot 14 (5) has an area of 1,011m² and is currently a vacant lot. The application is proposing to construct a Gas Bottle Storage area with a ramp on the subject property with access off Guppy Street. The subject lot is part of the Pemberton IGA and was subdivided for a car park to be constructed for staff employees. The subject property is adjacent to St Joseph’s Primary School and the Sacred Heart Catholic Church.

The application is referred to Council for determination as a Gas Bottle Storage area in the Town Centre 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. Shire records indicate that the letters were sent from the Shire office on 11 December 2017 with submissions closing 4 January 2018. No submissions were received during the advertising period.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No. 4 (LPS No 4) include the subject land within the Town Centre zone. The purpose of this zone is ‘to provide for the establishment and ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of surrounding areas’. A Gas Bottle Storage area is identified as a “A” use within the Town Centre Zone. That is a use which is not permitted unless the local government has exercised its discretion by granting planning approval.

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

Site and Development Standards

The development of the land in a Town Centre zoning must comply with the requirements of section 5.32.2 of the Scheme. As outlined in this section, development and site standards and other on-site standards are to be assessed on a case by case basis.

Setbacks

In accordance with clause 5.32.2.3 of LPS No. 4, ‘In determining side and rear boundary setbacks, the local government shall take into account the need for landscaping, private open space, pedestrian linkages, car parking, servicing and unloading and open storage of goods and materials’.

In this case, the proposed Gas Bottle Storage and Ramp is to be located just off centre of the subject property with setbacks to be approximately 7m from the left boundary and approximately 10m from the right boundary. These setbacks are supported.

Clause 5.32.2.1 (iv) of LPS No. 4 states the Local Government may approve variations within the Town Centre Zone for non-residential development with due regard to any Precinct Planning Statement in Schedule 8.

Part (c) of the above mentioned clause states that ‘a zero building setback from the front boundary where landscaped and paved pedestrian areas are to be provided adjacent to the front boundary and the local government is satisfied that adequate arrangements have been made in regard to access, car parking, circulation of traffic, safety, servicing and loading and unloading’.

The proposed front setback is 4m and this is to the edge of the subject property. The access way for the trucks will commence at the edge of the subject property to the edge of the Gas Bottle Storage and Ramp.

Impact on the Residential Amenity

The location of residential properties, School and Church adjoining and adjacent to the proposal need to be considered as the resultant use has a potential to detrimentally impact on the amenity of these properties.

Assessment of the current proposal indicates that there are a couple of dwellings as well as the school and church which are located between 14m and 50m from the proposed use. Given this, the adjacent landowners were consulted. As detailed in the Public Comment section of this agenda item, no comments were received regarding the proposal.

Crossover/Driveway Construction

In accordance with clause 10.2 of the Scheme, Council must have regard to “the proposed means of vehicular access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;”.

As shown on the submitted plans, the applicants are proposing to construct a formal crossover from Guppy Street to the Gas Bottle Storage and Ramp. The proposed crossover will have an ingress and egress from the subject property. The plans show that the crossovers for the driveway are partially in front of the properties on either side of the subject property.

The Shire of Manjimup Technical Services have stated that they would not allow crossovers to impede over other property boundaries and cannot agree to the proposal. Given that the applicant has not at this stage been able to demonstrate suitable egress to and from the site, without the crossovers passing in front of the adjacent properties, it is recommended that the application be refused.

Conclusion

Whilst the proposal is not expected to impact on the amenity of the area, the proposed method of egress to and from the site is not acceptable as proposed. Whilst the original design has been revised, the crossovers stil pass in front of an adjacent residential property, which is considered unacceptable.

Given that it appears suitable access cannot be established, it is recommended that the application be refused.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: The proposed development is not expected to detrimentally impact upon the surrounding environment.

Economic: Nil.

Social: The proposed development is expected to have a minimal impact upon the amenity of the adjoining landowners.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 and clause 8.6 of Shire of Manjimup Local Planning Scheme No.4 refuse to grant approval to construct a Gas Bottle Storage and Ramp at Lot 14 (5) Guppy Street, Pemberton in accordance with the plans as attached at 9.5.2(1), for the following reasons:

a) The proposed method of egress to and from the site is not acceptable given that the associated vehicle crossovers pass in front of adjacent properties.

b) The proponent has failed to demonstrate how suitable access to the development could be established given the turning circles required for commercial vehicles associated with the activity.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27355

That Council:

a) The proposed method of egress to and from the site is not acceptable given that the associated vehicle crossovers pass in front of adjacent properties.

b) The proponent has failed to demonstrate how suitable access to the development could be established given the turning circles required for commercial vehicles associated with the activity.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.3 Proposed Transportable Dwelling at Lot 304 (7) Karri Street, Walpole

PROPONENT	Mr S Stewart
OWNER	Mr JM & Mrs KE Stewart
LOCATION / ADDRESS:	Lot 304 (7) Karri Street, Walpole
WARD:	South
ZONE:	Residential R10
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/252; P53315
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	19 January 2018
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider a development application for a transportable dwelling at Lot 304 (7) Karri Street, Walpole. The site and development plans are attached.

ATTACHMENT: 9.5.3(1)

Location Plan

Lot 304 (7) has an area of 900m² and currently contains an outbuilding. The application is proposing to relocate a 12.2m by 18.1m (221m²) second hand transportable building which is to be used as a dwelling. The proposed dwelling includes a carport and patio under the main roof which is to be setback 6m from the front boundary.

This matter requires consideration by Council given that approval to the application requires a relaxation of the normal front setback requirements and the fact a submission has been received objecting to the development.

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 the letters were sent from the Shire office on 14 December 2017 with submissions closing on 4 January 2018.

One submission was received and is detailed within the comment section of this report. A copy of the submission is attached.

ATTACHMENT: 9.5.3(2)

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, where a dwelling is a “P” use. That is a use which is permitted subject to compliance with development standards.

As outlined with clause 10.2 of the Scheme, when considering an application for planning approval, the local government must have regard to various matters. In the opinion of Shire officers, the most relevant matters to be considered in respect of this application are as follows:

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

(vii) the content and objective of Planning Precinct Statements set out in Schedule 8 of this Scheme;

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

With respect to these matters, the following advice is offered to guide Council in its determination of the application.

Local Planning Policy

Local Planning Policies are prepared, advertised and adopted for public comment in accordance with clause 2.4 of the Scheme. The Shire of Manjimup has two Local Planning Policies that are relevant to the current application, being:

a) Local Planning Policy 6.1.10 Relocated Buildings;

b) Local Planning Policy 6.1.15 Boronia Ridge Estate Development.

Relocated Dwellings

The purpose of this Local Planning Policy (LPP) is to “identify the acceptable development parameters for relocation and use of relocated buildings in the Shire of Manjimup and ensure a consistent approach is taken when considering applications for planning approval for relocated buildings.”

LPP No 6.1.10 identifies that the following minimum standards apply to a relocated dwelling:

a) A minimum gross floor area of 50m²;

b) At least one (1) bedroom separate from the other rooms in the dwelling;

c) A lounge, meals and kitchen area (may be open plan);

d) A separate bathroom and laundry; and

e) Meets the minimum requirements of the BCA.

The proposed dwelling design, as shown at Attachment: 9.5.3(1) complies with the above requirements.

In addition the above, the Policy outlines a number of requirements relating to “Amenity and Appearance of Relocated Building”. The provisions relevant to this application are as follows:

· The relocated building is to be rendered visually acceptable by the use of verandah’s, screening and/or landscaping;

· The design, scale and bulk of the relocated building being compatible with the type of buildings that exist in the locality in which it is to be located; and

· A statement that the local government will not grant planning approval for the relocated building if it is considered to be in conflict with the age and design of buildings in the immediate vicinity of the proposed location.

The submission received expresses disappointment should the proposal be approved by the Shire. The author of the submission expresses the view that they consider “the so called dwelling to be a park home at not more than 60m² and to be an eyesore to all other standard built homes on Boronia Ridge”.

The proposed transportable building is a second-hand transportable dwelling and Shire staff consider it to be a dwelling. The proposed transportable dwelling has a total floor area of 221m² and the actual dwelling has a floor area of 80m² which is compliant with the Policy.

In terms of the dwelling design’s compatibility with the age and design of buildings in the immediate vicinity, it is noted that the land is located within one of the earliest stages of the estate. Inspection of the area and examination of aerial photography has identified that a number of dwellings being of similar design and size have been established within the area bordered by Karri Street, Bottlebrush Drive and Jarrah Road. Given this it is considered that the building will not be conflict with the existing development

Boronia Ridge Estate Development Standard

LPP No 6.1.15 outlines the specific development standards applicable to the Boronia Ridge Estate as detailed below.

Roof and Wall Colours

The colour of the roof and walls is consistent with the Policy. The colour of the dwelling is proposed to be Colorbond ® Jasper walls and Surfmist roof which is in keeping with the natural elements of the landscape and is identified by the Policy as being an appropriate building colour within Boronia Ridge.

Roof Eaves

The Policy states that in order to achieve a consistency of roof-scapes and to moderate the impact of direct solar load on external walls and windows, eaves to dwellings shall be a minimum of 550mm except for verandahs, patios, minor roof nibs and entry porticos or similar. The plans of the proposed dwelling indicate that the roof eaves are 550mm and therefore compliant.

Building Envelope

The property does not have a designated building envelope as it is part of the original subdivision of the Estate where no building envelopes are required.

Fencing

The applicant has not stated whether perimeter fencing would be constructed so a condition stating that any proposed fencing must not detract from the amenity or restrict the flow of water is recommended.

Subject to appropriate conditions being imposed on any approval granted by Council, the development is considered to be compliant with the requirements of LPP 6.1.15.

Schedule 8 Requirements

Section 4 of Schedule 8 of the Scheme outlines specific provisions that apply to all land within the Boronia Ridge Residential Estate, including the following requirements for dwellings:

· Materials for both residents and outbuildings to be of materials other than zincalume or any other reflective material;

· Carports and garages not under the main roof being constructed of materials that match or compliment the dwelling;

· Perimeter fencing being constructed so as not to prevent surface water flows and be of a colour that is not detrimental to the natural landscape;

· Landscaping of areas visible from the street within 4 months of dwelling completion;

· Refuse areas being screened from public view obtained from the street frontage; and

· Compliance with approved building envelopes.

With suitable colourbond roofing colours being nominated and the carport being proposed under the main roof, the application compliance with the pre-development requirements of Schedule 8. As no details have been provided in respect of future fencing, it is recommended that appropriate conditions be imposed and advice given to ensure future development and use of the property complies with all scheme requirements.

The development is considered to be compliant with the Scheme Provisions of Schedule 8 – clause 4.1 relating to the Boronia Ridge Residential Estate. The application sites all new development is within the required setbacks except for the front setback. The application has been assessed against the R-Codes.

Compliance with Setbacks

The Scheme maps identify that the land is subject to a Residential Design Code (R-Codes) density of R10. The application has been assessed against the setback requirements prescribed by the R-Codes.

Whilst the proposed side and rear setbacks comply with normal setback requirements, the applicants are seeking to vary the requirement for a front setback of 7.5m (average). Although a minimum front setback of 6m is proposed, the requirement for an average setback of 7.5 metres has been met. The development therefore complies with all setback requirements.

Bushfire Prone Area

The subject property has been identified as being in a designated bushfire prone area. The applicant has had a Bushfire Attack Level (BAL) undertaken by a Level 1 Assessor in accordance with the requirements of State Planning Policy No. 3.7 – Planning in Bushfire Prone Areas. The assessment has identified that the rating for this property is BAL 29. The assessor has stated that no branches or tree crown canopies are to be overhanging the roof space of the dwelling and all grasses should be managed to maintain a height of 100mm or less. These requirements are consistent with the Shire of Manjimup Annual Fire Break Notice.

A copy of the BAL Report is attached.

ATTACHMENT: 9.5.3(3)

Conclusion

Whilst the submission receives expresses concern that the resultant development will not be consistent with the standard of dwellings within the estate, the development meets all the requirements of the Scheme and Policies. The style and size of the dwelling is also consistent with dwellings in the immediate vicinity. Conditional approval of the application is therefore recommended.

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 6.1.15 – Boronia Ridge Estate Development Standards and Local Planning Policy 6.1.10 – Relocated Buildings and the Residential Design Codes of WA 2015.

Organisational risk management:

Approval of this application by Council, provided the Transportable Building is compliant with the Scheme, R-Codes and Policy, and enforced through conditional consent granted by Council, will not generate an organisation risk.

Financial Implications:

The development application fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval for a Transportable Building at Lot 304 (7) Karri Street, Walpole in accordance with the submitted plans as attached 9.5.3(1) and subject to the following conditions:

a) The development hereby approved is 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;

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

c) The installation of the second-hand building on the land shall be completed to a standard suitable for occupation and with all necessary site treatment work and external painting to the satisfaction of the Shire of Manjimup within a period of not more than 12 months from the date of relocation to the site.

d) 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.

e) All ground areas visible from the street and building shall be landscaped within six (6) months of relocation and maintained on an ongoing basis to the satisfaction of the Shire of Manjimup.

f) Fencing to be erected on the site must not in the opinion of the Shire of Manjimup detract from the amenity or restrict the flow of surface water.

2. Advises the applicant that:

a) The proponent is advised that this development 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;

b) A relocated building is required to meet the provisions of the Building Act 2016 (as amended) which requires a building permit prior to the undertaking of any works on the associated site;

c) The proponent is advised that further to condition No 1(c) above, and a bond of $7,000 must be lodged with the Shire prior to the issue of a Building Permit;

d) All plumbing and wiring of the relocated dwelling is to meet the requirements of the Building Code of Australia 2017 (as amended) and any other relevant Australian Standard prior to occupation;

e) The development the subject of this development approval must comply with the requirements of the Public Health Act 2016; and

f) The vehicular crossover between the subject land and Karri Street is to be located, designed, constructed, sealed and drained to the satisfaction of the Shire of Manjimup.

g) No cats are permitted to be kept on the land.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27356

That Council:

e) All ground areas visible from the street and building shall be landscaped within six (6) months of relocation and maintained on an ongoing basis to the satisfaction of the Shire of Manjimup.

f) Fencing to be erected on the site must not in the opinion of the Shire of Manjimup detract from the amenity or restrict the flow of surface water.

2. Advises the applicant that:

b) A relocated building is required to meet the provisions of the Building Act 2016 (as amended) which requires a building permit prior to the undertaking of any works on the associated site;

c) The proponent is advised that further to condition No 1(c) above, and a bond of $7,000 must be lodged with the Shire prior to the issue of a Building Permit;

d) All plumbing and wiring of the relocated dwelling is to meet the requirements of the Building Code of Australia 2017 (as amended) and any other relevant Australian Standard prior to occupation;

e) The development the subject of this development approval must comply with the requirements of the Public Health Act 2016; and

f) The vehicular crossover between the subject land and Karri Street is to be located, designed, constructed, sealed and drained to the satisfaction of the Shire of Manjimup.

g) No cats are permitted to be kept on the land.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.4 Delegated Planning Decisions for January 2018

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Various
WARD:	Various
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170085
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Samantha Simmonds
DATE OF REPORT:	12/02/2018
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 Development 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 Development Approvals, detailing those decisions made under delegated authority in January 2018 is attached.

ATTACHMENT: 9.5.4(1)

PUBLIC Consultation Undertaken:

As shown in the attachment, 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 January 2017, nine (9) 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 January 2018 compared to January 2017:

Table 1: Planning Decisions Made January 2017 and 2018

	January 2017	January 2018
Delegated Decisions	5 ($290,000)	9 ($519,719)
Council Decisions	2 ($6,000,000)	5 ($720,648)
Total	7 ($6,290,000)	14 ($1,240,367)

Table 2 compares the Year-To-Date statistics for delegated authority and Council decisions for 2017-18 compared to the previous Financial Year:

Table 2: Planning Decisions Made Year-To-Date 2016-17 and 2017-18

	YTD 2016-17	YTD 2017-18
Delegated Decisions	73 ($4,150,663)	85 ($4,455,428)
Council Decisions	30 ($7,353,840)	47 ($20,069,564)
Total	103 ($11,504,503)	132 ($24,524,992)

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 Development 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 Development 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 Development 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 January 2018 as per Attachment: 9.5.4 (1)

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27357

That Council receives the report on Delegated Development Approvals for January 2018 as per Attachment: 9.5.4 (1)

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.7 Proposed Signage for Walpole-Nornalup Visitors Centre - Pioneer Park - South Western Highway, Walpole

PROPONENT	Walpole-Nornalup Visitors Centre
OWNER	Shire Managed Crown Reserve
LOCATION / ADDRESS:	Pioneer Park being Part Reserve 31362 South Western Highway, Walpole
WARD:	South
ZONE:	Parks and Recreation
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F180044
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	20/02/2018
DECLARATION OF INTEREST:	Nil

Background:

The Walpole-Nornalup Visitors Centre (visitors centre) is located within Pioneer Park on the northern side of the South Western Highway, immediately west of the Walpole Public Toilets in the townsite of Walpole.

Current signage associated with the Visitors Centre is limited and not clearly visible from the Highway. As a result, the Visitors Centre is seeking approval to erect a two news signs, in the following locations:

· Adjacent to the Highway, abutting an existing footpath that connects with Highway; and

· Adjacent to the Gravel carpark area within Pioneer Park.

Copies of the submitted designs are shown attached.

ATTACHMENT: 9.5.7(1)

Conceptual designs for the signage were discussed with the Shire at its December 2018 meeting, whereby Councillors indicated:

a) That there was no objection to the Chief Executive Officer signing the application for Planning Approval to facilitate the application process; and

b) A recommendation to the Visitors Centre that the sign wording be modified from “Home of the Tree Top Walk” to “Gateway to the Tree Top Walk”.

The application was subsequently forwarded to Main Roads WA for comment.

Subsequently, the Visitors Centre has identified that they also had funding available to cover the replacement of a sign on the Visitors Centre Roof and a directional sign adjacent to the long vehicle parking area. If approved, these signs will be updated to new colours approved by Tourism WA. As these signs would be replacing existing signage with no wording change etc, it is considered that prior planning consent is not required.

Council is now requested to determine the application given that the proposed signage is located within Crown land for which the Shire holds the Management Order.

PUBLIC Consultation Undertaken:

Main Roads WA have been consulted regarding the proposed signage abutting the Highway and advise that they have no objection to the proposed signage, subject to the provision of site plan demonstrating that the proposed sign location will be consistent with road widening works that will commence shortly.

COMMENT (Includes Options):

Advertisements are identified as a form of development by the provisions of Planning and Development Act 2005. Except where identified as “Exempted Advertisements” the local governments prior planning approval is required for the erection and/or placement of signs.

Clause 8.4 of Local Planning Scheme No 4 (the Scheme) identifies that those types of signs identified in Schedule 15 of the Scheme do not require the Shires prior planning approval. With the proposed signs not being considered exempt, prior planning approval is required.

In December 2016, Council adopted Local Planning Policy No 6.1.4 – Advertisements in order to guide the assessment of applications for Advertising Signage. The objectives of this Policy are:

a) To provide a consistent approach to the consideration of Development Applications for advertisements; and

b) To identify appropriate limits on the proliferation of advertisements in the Shire in order to protect visual amenity and safety in a manner that recognises the importance of advertising.

Assessment of the application has identified that provided a minimum head height of 2.4 metres is provided to the fingerboard aspect of the two new signs, the application complies with all policy requirements.

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

a) The replacement of the two currently faded signs is recommended as their current appearance is less than desirable;

b) Approval to the sign abutting the South Western Highway will greatly assist in identifying the location of the Visitors Centre as viewed from the Walpole Main Street; and

c) The newly proposed sign abutting the gravel carpark will provide greater clarity as to the location of the Visitors Centre for those persons using the carpark or adjacent Toilet Facilities.

Three of the four proposed signs are located within the Pioneer Park reserve and discretion to approve these signs rests solely with the Shire of Manjimup.

If approved the final sign will be located within the South Western Highway road reserve, being a Main Roads road reserve. Whilst Main Roads has not raised any objection to the sign detail, no site plan was provided by the Visitors Centre, so other than the sign being located adjacent to the connecting footpath, the exact position of the sign in respect of the road surface is not clear. A detailed site plan is therefore required to demonstrate the horizontal position of the sign prior to its installation.

STATUTORY ENVIRONMENT:

Applications for Planning Approval are determined in accordance with Part 10 of Local Planning Scheme No 4. As prescribed by clause 10.3 options available to Council are to:

a) Approve the application, with or without conditions; or

b) Refuse the application.

In this case, it is recommended that conditional approval be granted.

Policy / Strategic Implications:

The proposed signage will greatly improve the identification of the Visitors Centre location and will improve existing signage within the Park. It is therefore recommended that conditional approval be granted.

Organisational risk management:

Nil

Financial Implications:

The signs will be manufactured and installed at no cost to the Shire of Manjimup.

Sustainability:

Environmental: Nil

Economic: By improving signage associated with the Visitors Centre, there is potential for a greater number of visitors to the town to be aware of and attend the centre.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. pursuant to clause 10.3 of Local Planning Scheme No 4 grant approval to the proposed new signage for the Walpole-Nornalup Visitors Centre as detailed in Attachment: 9.5.7(1), subject to compliance with the following conditions:

a) Prior to installation of the proposed sign abutting the South Western Highway a detailed site plan shall be prepared to the satisfaction of Main Roads WA to clearly identify the location of the sign in relation to the proposed Highway improvements; and

b) A minimum head height of 2.4 metres being provided for the fingerboard aspect of the new signs.

2. Grant approval to the Walpole-Nornalup Visitor Centre replacing of the two existing signs being on the roof and adjacent to the long vehicle parking area, subject to their being no changes to the existing wording or sign size.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27358

That Council:

b) A minimum head height of 2.4 metres being provided for the fingerboard aspect of the new signs.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.1.1 Manjimup Trail Bike Trails Hub - Pre Stage Funding Proposal

PROPONENT	Recreational Trailbike Riders Association / Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Various
WARD:	North
ZONE:	Various
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160701; F161002
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	13/02/2018
DECLARATION OF INTEREST:	Nil

Background:

On 11 May 2017 Council resolved:

Moved: Taylor, R Seconded: Logan, C

27020

That Council:

1. Accepts the Manjimup Trail Bike Trails Hub Feasibility Report as per Attachment: 9.9.1(1); and

2. Considers a cash contribution of up to 50% of the required project cost, being $25,000, to the Recreational Trailbike Riders’ Association as an Abnormal Expenditure in the 2017/18 Budget deliberations as seed funding for the initial implementation of the Trails Hub project.

CARRIED: 10/0

The 2017/18 Annual Budget committed $10,000 of $25,000 total funding toward Manjimup Trail Bike Trails Hub Pre Stage (“Pre Stage”) funding which was intended to take the Manjimup Trail Bike Trails Hub Feasibility Report to a “shovel ready” position suitable to seek appropriate funding to deliver an operational Manjimup Trail Bike Trails Hub project.

An additional $15,000 was anticipated to be raised by the Recreational Trail Riders Association WA Inc. (the “Association”) to fully fund the Pre Stage, however significant barriers to funding have arisen and now the Association has made a request for the Shire of Manjimup to contribute the balance of the funding to allow project progression. The Association’s correspondence is attached.

ATTACHMENT: 9.1.1(1)

The purpose of this report is for Council to contemplate the Association’s request for a further contribution of $15,000 toward the Pre Stage from the Shire of Manjimup in addition to the existing $10,000 allocated in the 2017/18 Annual Budget.

PUBLIC Consultation Undertaken:

Whilst this particular funding request has not been consulted, the Manjimup Trail Bike Trails Hub Feasibility Report was extensively consulted and produced very significant public project interest including:

· General Public Information Session (8 June 2016) – 28 attendees

· General Public Survey (1-21 July 2016) – 51 responses

· Riders Survey (20 July to 5 August 2016) – 2,272 responses

· Focus Group: Perth Riders and Families (20 June 2016) – 9 attendees

· Focus Group: Manjimup Riders and Families (4 July 2016) – 7 attendees

· Focus Group: Manjimup Local Business (5 July 2016) – 4 attendees

· Presentation at the Manjimup Chamber of Commerce (6 July 2016)

· Stakeholder Database (throughout project) – 121 entries

COMMENT (Includes Options):

It is understood that the Association has explored several funding opportunities to fund the $15,000 contribution to the Pre Stage but have been unsuccessful for this particular part of the project even though significant lobbying has occurred (confirmed by telephone discussion and a meeting with representatives of the Association committee). As a “not for profit” organisation, the Association relies entirely on a volunteer base meaning their resources and ability to raise funds are quite limited.

It is considered that the Manjimup Trail Bike Trails Hub presents a unique economic development opportunity for the Shire of Manjimup in addition to being considered as a sport and recreation opportunity. Perhaps the most appealing aspect of the Manjimup Trail Bike Trails Hub for the Shire of Manjimup is the point of difference this type of facility would provide. Unlike anything else currently available, or at any stage of future planning, for trail bike riders in Western Australia, the Manjimup Trail Bike Trails Hub has untapped potential to attract significant numbers of visitors to the region. Accompanying visitation retail business is anticipated to prosper including, but not limited to, accommodation, food and beverage and fuel sectors. The Manjimup Trail Bike Trails Hub Feasibility Report projected a potential annual economic benefit of $13.4M to the region.

It is considered that completing the Pre Stage will enable the preparation of a very robust business case that can be utilised to seek substantial project delivery funding. With what is known about the uniqueness of the project in Western Australia, the overwhelming support of trail bike riders and the prospective economic opportunity the project provides, the potential for the Shire of Manjimup to successfully source project delivery funding would be very high.

To fund the proposal Council may wish to contemplate the use of the Strategic Asset Development Reserve which has a consistent purpose being “to enable Council capture and address capital and operational strategic issues as opportunities arise”. The Manjimup Trail Bike Trails Hub clearly is a significant strategic economic opportunity that Council should consider embracing before another Local Government does so. The Strategic Asset Development Reserve currently has a sufficient amount to fund the project if Council chooses to do so.

It is strongly recommended that Council seize the opportunistic initiative for the Manjimup Trail Bike Trails Hub and fully fund the Pre Stage as discussed.

STATUTORY ENVIRONMENT:

The relevant statutes have been identified in the Manjimup Trail Bike Trails Hub Feasibility Report, these include:

· Road Traffic Act 1974

· Conservation and Land Management Act 2002 and Regulations

· Department of Parks and Wildlife

o Policy 18: Recreation, Tourism and Visitor Services

o Trail Development Process

· Department of Water

o Water Resources Management Act (Proposed)

o Policy 13: Recreation within public drinking water sources area on Crown Land

· Control of Vehicles (Off Road Areas) Act 1978

Policy / Strategic Implications:

Strategically Council has for some time had a considerable focus on economic development in the region. Activities and events that encourage large numbers of people to the region are vitally important to community prosperity and growth.

It is considered that any delay to progress the Pre Stage for the Manjimup Trail Bike Trails Hub will set the project back considerably and may result in large funding opportunities unable to be realised as a result of not being “shovel ready”.

Organisational risk management:

The consultative process for the overall proposal has been comprehensive and had a far reach to ensure that it meets the needs of users, local businesses and land managers. Failure to progress the Pre Stage could have considerable impacts on future project funding opportunities.

Financial Implications:

The Pre Stage funding will make the Manjimup Trail Bike Trails Hub “shovel ready” which will make it very suitable for external funding and enable the future delivery of an operational project.

If Council chooses to fund the project it is expected those funds would be sourced from the Strategic Asset Development Reserve which has a consistent purpose being “to enable Council capture and address capital and operational strategic issues as opportunities arise”. The Strategic Asset Development Reserve currently has $22,500 set aside.

Sustainability:

Environmental: The Manjimup Trail Bike Trails Hub Feasibility Report involved consultation with state government agencies which included constraint and opportunity mapping that included locations of existing environmentally sensitive areas, disease risk areas and water catchments. Initial indication of areas where trails potentially could be located are provided in the report which also meet market demands and other concerns such as noise pollution. A detailed account of the process to formalise these trails including environmental protection is also reported and would have to be undertaken in any implementation.

Economic: The Manjimup Trail Bike Trails Hub Feasibility Report identifies a potential sustainable market for users of the trails hub including local, interstate and intrastate users. Significant potential for local and regional economic impact has been identified in the feasibility report. Investment is required from various government agencies as well as potential commercial operators for the establishment and maintenance of the hub.

Social: The provision of a formalised, safe and attractive network of trails for local residents and visitors to recreate on trail bikes, establishes a place where trail bike riders feel welcomed and have a high quality trails experience exploring the forest.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1. Coordinate and oversee the Manjimup Trail Bike Trails Hub Pre Stage project in conjunction with the Recreational Trail Bike Riders Association; and

2. Fund the Manjimup Trail Bike Trails Hub Pre Stage project in accordance with the following table:

Item	Current Budget	Proposed Budget	Change
Transfer from Strategic Asset Development Reserve	($0)	($15,000)	($15,000)
200208.1010 Trail Bike Hub	$10,000	$25,000	$15,000
Net Rates			$0

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Taylor, R

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That Council

1. Coordinate and oversee the Manjimup Trail Bike Trails Hub Pre Stage project in conjunction with the Recreational Trail Bike Riders Association; and

2. Fund the Manjimup Trail Bike Trails Hub Pre Stage project in accordance with the following table:

Item	Current Budget	Proposed Budget	Change
Transfer from Strategic Asset Development Reserve	($0)	($15,000)	($15,000)
200208.1010 Trail Bike Hub	$10,000	$25,000	$15,000
Net Rates			$0

CARRIED: 11/0

Councillor Daubney declared that she has a Financial Interest in this Item as she is the Real Estate Representative. Cr Daubney did not speak or vote on the matter and left the Chamber at 6.26pm.

9.3.1 Proposed Windy Harbour Lease Transfer - Site 89

PROPONENT	Sunwest Holdings Pty Ltd Julie De Campo
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 89 Windy Harbour Rd, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160902
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	2 February 2018
DECLARATION OF INTEREST:	Nil

Background:

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

Sunwest Holdings Pty Ltd leases Site 89 and have entered a contract for sale of the lease to Julie De Campo.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In accordance with Policy 3.4.2 a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. A general condition assessment for Site 89 was undertaken in 2016 with it being in an overall satisfactory condition.

The current lease to expire May 2022 has four years remaining. The purchasers have requested a full 20 year lease term.

STATUTORY ENVIRONMENT:

A transfer/assignment of an existing lease does not constitute a ‘disposition of property’ from the Local Government’s point of view. Windy Harbour leases are also considered residential and therefore exempt from s3.58 (Disposing of Property) of the Local Government Act 1995 under s30(2)(g) of the Local Government (Functions and General) Regulations 1996.

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, subject to the sale taking affect:

1. Terminate, by mutual consent, the lease over Site 89 Windy Harbour between the Shire of Manjimup and Sunwest Holdings Pty Ltd; and

2. Approve a 20 year lease over Site 89 Windy Harbour between the Shire of Manjimup and Julie De Campo, subject to approval of the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Jenkins, D

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That Council, subject to the sale taking affect:

1. Terminate, by mutual consent, the lease over Site 89 Windy Harbour between the Shire of Manjimup and Sunwest Holdings Pty Ltd; and

2. Approve a 20 year lease over Site 89 Windy Harbour between the Shire of Manjimup and Julie De Campo, subject to approval of the Minister for Lands.

CARRIED: 10/0

Cr Daubney returned to the Chamber at 6.26pm.

9.3.2 Proposed Airfield Hangar Leases - J Craven and S Hunter / C Russell

PROPONENT	1) James Craven 2) Simon Hunter and Claude Russell
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:	F160792, F160793
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	16 February 2018
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has the Management Order for Reserve 33588, Manjimup Airfield. There are seven existing commercial/private leases on the Airfield reserve that are due to expire in 2018 and two new leases being prepared as approved by Council at the meeting of 18 January 2018.

The status of the airfield leases is summarised as follows:

Lease Status	Lease Type	Number of Leases
New Leases pending commencement April/May 2018	Hangar	2
Expiry 30 April 2018	Hangar	2
Expiry 30 June 2018	BP Australia Pty Ltd	1
Expiry 24 August 2018	Hangar	4

This agenda item relates to the two leases due to expire 30 April 2018. The proponents have requested new leases. The lease to BP Australia Pty Ltd and the four hangar leases expiring in August 2018 will be addressed at a later date.

The leases are on a vacant land basis only, with the lessees owning the buildings. The lease conditions outline that the definition of the lease area is limited only to the portion of the land that is the footprint of the building and that any use of any other part of the airfield reserve (including but not limited to the airstrip) as permitted by the Shire is non-exclusive and as a licensee subject to any conditions and restrictions the Shire may impose.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

This agenda item proposes to advertise intention to lease in accordance with Section 3.58 of the Local Government Act 1995. Following a two week public submission period, Council will then be requested to consider any submissions before final approval for the leases.

The applicants have raised separate requests regarding the lease arrangements; one regarding the term of the lease and the other regarding the lease fees and the insurance requirements. These queries are addressed below.

Lease Term

In 2003 Airfield lease terms were set at 10 years with a renewal option of a further term of five years. Leases that commenced after 2003 were given shorter initial lease terms in order that they would all expire in 2018.

One of the proponents for this agenda item has requested a longer lease term than the proposed 10 years with a five year renewal option. A request for a longer lease term was also received from one of the proponents that is pending a new lease, however the request was not addressed in the agenda of 18 January 2018 as it was received after the agenda item was written. Leaseholders may prefer longer lease terms as it provides them with more security and may make their lease and hangar more saleable. Some airfields in other locations offer longer lease terms, however there is variation in opinions of what a ‘long term’ for a lease is and there are also variations in the land tenure, airfield type and services available at each.

Lease terms longer than the existing 10 years with five years renewal are not supported as there have been proposals in recent years for redevelopment or relocation of the airfield, although design and funding have not yet eventuated. There would not be a guarantee that the Shire would continue to provide the same airfield services for a longer term and hangars may potentially need to be relocated by the lessees.

Extension of lease terms may also result in a perception of leaseholders benefiting from receiving an increased value to their leasehold should they wish to sell the lease, without having paid a monetary contribution to the Shire as lessor. However, it seems historically, airfield lease arrangements were established without the expectation of the Shire requiring a monetary contribution for purchase of the initial lease term or any subsequent lease.

The management order for Reserve 33588 limits lease terms to 21 years total, including any renewal options. In general a maximum of 20 years is granted for any Shire reserve. Therefore, only an additional five years could be considered, by either two five year renewal options or a renewal option of ten years.

If 20 year total lease terms were considered there would need to be clearly no obligation or guarantee that the Shire continue provision of associated airfield services. It would also be recommended that the lease conditions include a market review of the lease fees at the time of each renewal term, to allow for any market changes, including any influence of redevelopment of airfield services.

It is considered that 10 years with a renewal option of a further term of five years is a reasonable lease term and after reviewing the above factors it is recommended to continue the existing arrangements with new leases with the same terms.

Lease Fees

Lease fees for airfield leases are set by a market valuation initially and then increased by the Consumer Price Index (CPI) annually. A valuation dated 16 February 2018 provided a value of $3.30/m² to $3.50/m², exclusive of GST, for the Manjimup airfield.

The valuation is based on a comparison to leases at other WA regional ‘registered’ airfields in Augusta, Cunderdin and Bunbury with a range of $1.67/m² to $5/m². Busselton is $7.50/m² to $9.73/m² and is a ‘certified’ airfield. The valuation report also considered an alternate method based on a return of capital basis on the best alternate land use of ‘industrial’ due to the location, giving a rate of $3.00/m² to $3.70/m².

One of the proponents has queried the process of the market valuation and the basis of it as the hangar is used for private use only and not commercial. This query was prior to the valuation being received. There is no basis for variation between private and commercial as the land use is essentially the same and this would also be the case at other airfields.

The valuation has taken into account that the leases are on a vacant land basis and that there is electricity available to the reserve, but not to individual lease sites. Lessees would be responsible for the electricity connection expenses if this occurs.

Previous valuations and current lease fees are summarised below, exclusive of GST. The lessees are required to pay GST.

Year Leases Commenced	Original Valuation	Current Lease Fee (with annual CPI increases)
2003	$1.40/m²	$1.95/m²
2005	$2.50/m²	$3.34/m²
2010	$3.00/m²	no current leases
2018	$3.30/m²to $3.50/m²

This change in the valuation will result in a significant increase for those leases which commenced in 2003, being the two leases subject to this item and the lease to BP Australia Pty Ltd. As the airfield lease agreements do not provide for market review of the lease fees during the lease term, their lease fees have been increased by CPI annually for 14 years (from $1.40/m² in 2003 instead of $2.50/m² in 2005) resulting in the significant difference.

Three of the remaining hangar leases are currently paying $3.34/m² after CPI being applied annually for 12 years from $2.50/m² in 2005 and are close to the current valuation. One other lease is currently paying $2.63/m² due to the lease term not being synchronised with the others.

With the valuation giving a range of $3.30/m²to $3.50/m², it is recommended to apply $3.35 for all leases commencing in 2018, close to that currently being paid by three of the leases. This will bring all leases into line with each other and current market conditions.

The two hangars the subject of this item are also a larger area than some of the other leases (291m² and 306m²), resulting in a more significant increase in the total lease fee. However, they have benefited significantly from having lower lease fees for 13 years.

Lease areas for the hangars range as follows:

Area m2	Lease Fee at $3.35/m2
172	$576
172	$576
176	$590
181	$607
205	$687
205	$687
291 *	$974
306 *	$1,025
672	$2,251

As noted above, if a longer lease term were considered it would be recommended to include a market review clause during the lease to reduce the differences between CPI and market changes.

Insurance

One of the proponents has queried the insurance requirements of the lease. Standard lease agreements require lessees of all Shire managed land to hold public liability insurance and if applicable building insurance. This applies to all leases, not only the airfield hangars. The insurance arrangements for both public liability insurance and building insurance were reviewed by the Shire in 2013 when at the time of airfield lease renewals it was found that some lessees were not compliant. Following investigation by Shire staff, Council considered this at the meeting of 12 September 2013 and upheld the insurance requirements.

It is a standard requirement of leases that the lessee holds public liability insurance cover, regardless of the purpose of the lease and regardless of any use being considered low risk. Liability is only determined in the event of a claim, including the lessor’s responsibility as the management authority of the land to require an appropriate level of insurance from a lessee to offset public liability risk when permitting improvements on the property and occupancy.

The reasoning for requiring lessees to hold building insurance is to ensure there would be adequate funds in place for removal of the assets and reinstatement of the lease site to its original condition in the event of loss or damage to the assets. This is consistent with standard lease agreements and advice from Council’s insurers. Whilst an airfield hangar may be perceived to be a lower risk asset, Council needs to be consistent with all Lessee’s and not accept risk.

It is acknowledge this comes at a cost to the lessees, however the Shire is unable to provide any alternate insurance arrangements. The lessees need to negotiate their own arrangements, either individually or as a group, with independent insurance companies.

Conclusion

The recommendation is to provide new leases continuing the existing lease arrangements, with the exception of the lease fee at commencement being set at $3.35/m² in accordance with the current market valuation. As a lease, the lessor sets the terms and conditions and the lessee chooses whether or not to accept the lease. The lease conditions are considered reasonable and a continuation of the current arrangements.

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:

Property Leasing Policy 4.2.8 outlines that terms for commercial enterprises are to be negotiated in accordance with current market conditions.

Organisational risk management:

Nil

Financial Implications:

Lease fees will be set by a current market valuation. Rates are also payable by the lessees, all currently minimum rated at $967 for 2017/18.

Lessees are responsible for costs associated with lease preparation, including document preparation ($340) and obtaining a valuation and advertising public notice (estimated $300).

The lease fees received go towards maintenance expenses for the airfield, but only cover a small portion of this.

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 a 306.09m² portion of Airfield Reserve 33588 to James Craven with the following conditions:

a) lease term of ten years, with a renewal option of a further five year term;

b) lease fee of $3.35/m² plus GST in accordance with the current market valuation and reviewed annually in accordance with Consumer Price Index (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 a 290.7m² portion of Airfield Reserve 33588 to Simon Hunter and Claude Russell with the following conditions:

a) lease term of ten years, with a renewal option of a further five year term;

b) lease fee of $3.35/m² plus GST in accordance with the current market valuation and reviewed annually in accordance with Consumer Price Index (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 lessees being responsible for the lease preparation expenses.

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Daubney, L

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