Minutes of Ordinary Council

Colin Crombie	Graeme Dearle	Toni Dearle
Andrew Cappa	Dean French	Bruce Clough
Rob Baker	Brenda Howlett	Dave Evans
Paul Martin	Patricia Nock	Lou Oorovski
George Milankov	Gaye Backhouse	Tom Backhouse
Vin Farrell	Lincoln Marissen	Mark Hudson
Paul Nolan	Anna Czerkasow	Tea Williams
John Suckling	Renata Suckling	Maria Mighall
Jasmine Bamess	Dianne Franklyn	Gordon Smith
Mitchell Goddin	Christine Trappitt	Andrew Trappitt
Andrew Trappitt	Jamie Copeland	Rosalind Piper
Joy Head	Judy Goldfinch	Maria Miolin

3.1 Apologies:

Councillors Lynn Daubney and Denise Jenkins were apologies or this meeting.

3.2 Leave Of Absence:

Councillor Wendy Eiby was granted a Leave of Absence at the 24 May 2018 meeting for this Council meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received a Financial Interest declaration from Councillor Taylor for Item 9.3.1 as he is the leaseholder of Site 239 Windy Harbour.

Cr Taylor declared a Financial Interest in Item 9.3.1 as he is the leaseholder of Site 239 Windy Harbour.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Paul Martin – Hawke Road, Pemberton.

· Have holiday chalets.

· Visitors complain about the condition of Old Vasse Road.

· Give negative comments about the road on social media sites.

· Not getting return visitors because of the state of Old Vasse Road.

· It’s only a matter of time before there is a fatality on the road.

· Strongly recommend that it is sealed.

The Chief Executive Officer responded: The issue has been raised a number of times and we have received letters as well. In the Agenda tonight Council is considering forming an advisory committee dealing with Shire infrastructure to allow Council to consider matters such as this. This will allow Councillors to balance priorities, in particular road funding. Roads are one of our most extensive assets in the whole of the Shire and one of the most expensive assets. We need to balance that in terms of priorities and where we can leverage grant funding.

5.2.2 Patricia Nock – Pemberton Resident.

· Colocation of the Visitor Centre, Community Resource Centre and the library. It’s been a number of years since it was mooted and although we heard there was an area designated for it, we haven’t heard anything about it for a while.

· Where is it up to? Is the colocation going ahead and if not what is going to happen with the CRC and Visitor Centre?

The Shire President responded: You are correct it has been ongoing for a long time. It has become more urgent as the lease on the old school is close to its termination. There has been discussions between the CRC, Visitor Centre and Sports Club as that was an, option to take over this part of the Sports Club. After further discussion it is possible the colocation may not proceed.

It is well known that the building the Library is currently in is not suitable for purpose. There will be some decisions about that in the future.

Director Community Services responded: There is a solid commitment between the Community Resource Centre, Visitor Centre and the Library to work towards colocation, as it is a sustainable outcome to ensure delivery of services to Pemberton. The CRC and VC will continue to work in partnership, where they are, subject to the Shire being able to extend that lease with the Government. For the shorter term the library will stay where they are. Continue to build relationships and continue to lobby the Government to get approval to work on the school site land to develop a new building. We do have some concept plans, which we received a couple of months ago and we have only just received the costings for the plans. We have only just made the determination on what we will do going forward. It is now time to put the new information out to the community.

5.2.3 Rosalind Piper: Fine Woodcraft Gallery

· Received a proposal for the narrowing and realignment of Broadway, Dickinson Street and Karri Rise in order to improve safety in the area.

· We have responded to this proposal and have not yet received a reply from the Shire.

· Who initiated this proposal and what factors led to decision and how many accidents have been reported in this area, and how many complaints have been received?

· And what traffic studies have been done?

· Our observations are that delivery vans, trucks, caravans, coaches, Shire vehicles going to the cemetery and more than 10,000 visitor vehicles to the Fine Woodcraft Gallery each year.

· In our view this intersection is not a safety issue, it is necessary to accommodate the large vehicles and caravans turning into Dickinson Street on an incline from Broadway.

· We get negative feedback for the lack signage to offset the appalling state of the road surface. This complaint has been conveyed to the Shire of Manjimup for more than 30 years.

· Dickinson Street hamlet has been zoned tourist at least the road should be supporting this zoning. If not a footpath as well. The intersection is not a concern compared to the very poor quality of the first section of Dickinson Street with regard to suitable drainage and road building across a very wet and swampy section.

· If money and time has been set aside for the upgrade we would ask that the proposal be looked at again to look at stormwater drainage in Dickinson Street.

The Director of Works and Services responded: The reseal project at Pine Street has a number of funding bodies including Roads to Recovery funding and also some Regional Bike Network funding associated with that and as such we are very limited in the scope of works we can do. Further limiting that work is the location of the Rail Reserve. Given that there is only $60,000 the road does need a resurface and some surface drainage that needs to be amended. All the turning paths have been checked for heavy vehicles that will use that road. We went to the community with the design. We won’t be able to proceed with the work this financial year, so it will be proposed as a carry forward and then Council can advise whether they wish us to proceed with the project.

The Shire President responded: The Roads to Recovery is Commonwealth Funds. The other source of our funding is Regional Roads Group which is an agreement between the Main Roads WA and Western Australian Local Government Association and the other source of funds is the WA Local Government Grants Commission.

5.2.4 Lincoln Marrisen Resident Old Vasse Road.

· A lot of work was done, led by the Shire about 10 years ago regarding a long-term solution to Old Vasse Road. As a result it ended up in the South West Regional Blueprint as a reasonable priority.

· Where does that fit into the Council’s Capital Works Program?

Director Works and Services: Other than for gravel resheeting Old Vasse Road is not listed on the 10 year Forward Works Plan for a sealed road. As the CEO mentioned earlier there is a proposal to form an advisory committee regarding infrastructure and long-term works may provide advice and guidance to the Shire.

The Shire President responded: As pointed out by Mr Marrisen it has been on the South West Regional Blueprint for a number of years. The current Government is reviewing the Blueprint and we are having significant input into that Blueprint through the Warren Blackwood Alliance of Councils, comprising Manjimup, Nannup and Bridgetown-Greenbushes Shire Councils. The thinking was that as Old Vasse was a significant Tourist precinct we would be able to attract funding for its upgrade. It hasn’t happened to date.

5.2.5 Tom Backhouse – Resident Hawke Road.

Mr Backhouse read from the attached statement.

ATTACHMENT: 5.2.5(1)

5.2.6 Alan Lloyd – Wilgarup Resident.

· I represent a community group that is trying to save the old Warren District Hospital buildings from demolition. For use by the community for unmet needs in the community.

· I’d like to thank the Shire for providing a meeting room which we have been using fortnightly for the Group to meet in. Can the Shire please continue to provide the meeting room going forward?

· The Shire had a motion 2016 to lobby to save the old hospital buildings. Our group has presented a petition of over 600 signatures to the Legislative Council, and is circulating an online petition which has over 200 signatures. This shows support for the concept, but it won’t save the buildings.

· We’ve had feedback from the Minister for Health and other South West Representatives and they indicated that the buildings were too costly to upgrade to the current Health Department standards. And they don’t want to commit more funds to the ongoing maintenance of the buildings. The Health Department did not look at using the buildings for any other purposes, that would not require the buildings to be upgraded to the current Health Department standards. They indicated that we would need to present a Business Case to the State Government for the retaining of the buildings, using another operator, before they would consider the demolition contract.

· We believe that the buildings are basically sound, and are an opportunity to provide a range of services that are currently not available in the area, which require people to currently go out of town for and demand for is increasing.

· We are currently approaching a number of services non-government, Not for Profit and community groups seeking their expressions of interest to be involved in providing their services at the community hub at the old hospital.

· I am asking for the Shire’s assistance to prepare a Business Case, as this is an area we lack expertise and resources. And we believe this is in the spirit of the motion passed by Council, in 2016.

· It’s not too late to make the change. Once the buildings are demolished the opportunity is gone.

The Chief Executive Officer responded: It’s very late in the piece to be requesting the Shire to undertake a Business Case. Business Cases for such structures and proposals, often take our Local Government three or four months to prepare, by the time you get your economic impact assessments done. That will take some time to do.

The other pressing matter in relation to a Business Case is that you need to have something to go in there to form a Business Case. Until such time as that was available then the Business Case wouldn’t mean much to the State Government.

The Shire President responded: We had a tour through the new Hospital yesterday. It is an amazing facility and it will stand the whole district in good stead. There were some time lines that were announced yesterday. You are right Mr Lloyd, Council voted 7/4 to find other uses for the building. The letters I wrote and the questions asked in Parliament have not been that fruitful. The idea is to have the new hospital operational by the 25 June, 2018. The ownership of the old hospital will become Pindan Constructions. And they will then begin demolishing the building. The official opening of the new hospital will be the 31July, 2018. The committee has not received a response from the Legislative Council where we’ve lodged two petitions. The last time I spoke to the Chairman he said they would consider our situation. My request was that if I couldn’t go and address the committee of Parliament, that they come down here and have a look at the hospital themselves.

In the meantime the CEO and I have had discussions with BaptistCare and that’s the space that we are in at the moment. I don’t hold out much hope of saving the old building but if we could get an Aged Care facility to move to that site, it would be a great alternative.

5.2.7 Maria Miolin – Director of Little Taddies

· Thank you to the Shire for their support.

· Little Taddies is a Not for Profit Child Care Centre. We are the only centre in Pemberton and have been operating since 1999.

· We operate out of the old Kindy building. It is falling down around us.

· An independent assessment was done of the building last year and it shows there are many areas that require attention, inside and outside. Some areas of the building are not compliant with current safety regulations.

· We are currently licenced for 19 children and would like to expand that and add vacation care.

· We are asking the Shire to assist us with either building a new building or find other suitable premises within the town that meets all the required standards and regulations.

· We are a very small centre so don’t have the resources to do it on our own.

The Chief Executive Officer responded: It is a very difficult one. Finding a premises and then trying to adapt it to make it fit for purpose is very difficult. You aren’t alone in that, there are other child care centres trying to do the same thing.

I can give you a commitment that our staff will work with you to try and find a solution. Whether that fits in with priorities within the Shire for funding or finding funding opportunities out there. I’m sure our staff will have no hesitation In working with you going forward.

We will do our best in terms of building maintenance but ultimately the building is not fit for purpose. We will try to help where we can.

The Shire President responded: If you can provide a written submission to Council so that you can start the process of approaching Government. We are meeting with the Minister for Regional Development next week and we’ll be raising those issues with her to ensure that those very important projects are maintained.

5.2.8 Bruce Clough – Resident.

· I am a volunteer at the Pemberton Visitor Centre.

· My request is that the Shire take action to tidy up, revamp and beautify the western entry to Pemberton town centre. And rectify potential traffic hazards in that area.

· First impressions count. Tourists would expect a showcase from the western entry to town especially after winning the Top Tourist Town 2017.

· From 60km speed sign to Club Road is about 500m and what should be a showcase entry can only described as a physical and visual disgrace on the verges on both sides of the road.

· The trees in that area are hanging over the road, and with the weather lately makes them a serious hazard of falling. The bend is a blind spot due to the height of vegetation in the area growing up to the side of the road. This all requires trimming and cutting back.

· On the left hand side is a deep open drain and in places is only 2m from the edge of the road with a gravel verge sloping down to the drain. It requires pipes to be laid and covered with soil and this would give parks and gardens a perfect canvas for them to decorate.

· I was interviewed on ABC radio on Wednesday and was able to give my opinion on this issue. They have also asked for a follow up to issue.

The Chief Executive Officer responded: Firstly, we are always available on the phone, or to come down and look at an issue. Rather than waiting for an annual meeting that we have here in Pemberton. If you have issues please bring them to us as soon as you can.

Most of where you talking about exists outside the Pemberton Town Site and is the responsibility of the Main Roads WA. We have been working with Main Roads WA and AusWest to get some action in that area.

The area west of the road was Wesfarmers PCP ponds and the land was remediated and handed back to the State. Therefore we have no jurisdiction over that land whatsoever. In the same way we have no jurisdiction of Main Roads WA land either.

The Director of Works and Services responded: As stated by the CEO we are working with Main Roads WA and AusWest. We are currently seeking quotes for those works and getting an agreement with shared costs. There are a number of boundary and title issues. We want to ensure a safe and proper job instead of just the cutting of the vegetation to the boundary where we are legally allowed to maintain to. To do a complete job of removing the wattles in particular instead of leaving stumps.

With regard to the table drain that’s a very costly issue. It’s another matter that could be brought up at the Infrastructure committee.

5.2.9 Rob Baker – Pemberton Chamber of Commerce and Industry.

· All the shops in the main street are occupied and there are two commercial buildings being built which is all good for the town.

· The old bakery has been revamped and the Mill Hall Café has changed hands.

· Can the Shire give an update on the closure of the mill?

· People have been pushing for a Light Industrial Estate, can you give an update on where that is upto?

The Chief Executive Officer responded: We are trying to get AusWest to responded to letters of request from us, to meet and discuss what is happening on that site. The only thing we do know is that AusWest has indicated that they intend to vacate or sell the lease and we have had some discussion with Dept. of Land, Heritage and Planning with regard to what uses could go on that site.

That site is the most viable site for a future Light Industrial Area. About 12 years ago there was a significant amount of work done to identify a potential Light Industrial Area within the town site or immediately adjacent to the town site. That work was done in conjunction with LandCorp, as the State’s land agency. A number of sites were identified and the AusWest site was the preferred site. The issue at the moment is that AusWest and the parent company Brickworks still own the rights to that site. Until they make a decision on what they are going to do with that site, we are in the dark as to what can happen.

Last year the Shire President and myself met with the Director General to discuss this exact issue of LIA in Pemberton. The Government has the message that we are very interested in the site for a LIA. I had a separate meeting with LandCorp in late 2017 about the same issue.

The Shire President responded: We will be meeting with the Director General in August and will raise the matter again.

5.2.10 Paul Nolan – Resident, Hawk Road, Pemberton.

· Acknowledge that the Shire has resheeted a 2km section of Old Vasse Road.

· Understand the gravel comes from Bridgetown which adds an enormous cost to maintaining the road.

· Are there any funds available for some of the problems that already exist on Old Vasse Road?

· Has the Shire spoken to DBCA to form a relationship to find gravel pits within the Shire that can be accessed for those roads to try and keep the costs down?

The Director Works and Services responded: The funds for the resheeting of Old Vasse Road have been fully expended. The Shire is very limited in being able to access gravel legally and of good quality. Trying to access gravel from licenced and approved pits around the Manjimup area is almost non-existent. We have discussed with State Government and Main Road WA about being able to source gravel. Main Roads WA and other State bodies come to us looking to buy gravel. It is difficult to obtain and a rare resource in the South West. Next financial year the Shire will be exploring finding new pits and possibly opening old pits up again and investigating our Reserves.

The Shire President responded: We have had similar sized galleries in Manjimup Council meetings when we were considering applications for gravel pits. While we need the resource, people don’t like the things associated with gravel pits which include noise, dust and other things.

The contrast between here and the Wheatbelt is they can source gravel from between $0 and $3.00 per tonne, pushed up. Here our costs are about $15.00 per tonne.

We have a good relationship between the Council and DBCA and meet on a regular basis.

5.2.11 – Dean French – Resident of Old Vasse Road.

· My family have just purchased 127 hectares of the Moltoni farm and it is now completely covered in Avocado trees.

· When we have a half reasonable Avocado crop we will have 80 to 100 trucks in three months, go up and down Old Vasse Road, just carting produce out.

· I like to farm in a sustainable way so that means using compost. Currently we use 1,200m³on Channybearup Road farm. With the new farm it will be 2,000m³plus of compost. There will 200 tonnes of fertiliser on a regular basis every year and that’s just my place.

· There are a lot of excellent tourism places in WA and they have bitumenised access. This may be a DBCA problem.

· Heartbreak Trail and all the camps down there is a world-class tourist attraction. People don’t take advantage of it because of the road.

· Tourism is a marketing game and Old Vasse Road is the jewel in the crown.

5.2.12 – Mark Hudson – Pemberton Resident.

· Update on the Trail Hubs forum in Pemberton two weeks ago.

· Trails allow many of our most common recreation activities to exist. And by association allow us to maintain our identities. For any reason we take it away from people it has a dramatic Effect on their mental and physical wellbeing.

· Sport and Recreation and Parks and Wildlife have been instrumental in conducting three trail forums in Collie, Pemberton and Albany.

· Pemberton is a trail hub, but has now morphed into a trails town.

· Chris Hughes from Derby came and spoke. They put $3m into creating 30km of trails. Margaret River and Collie have just spent $300,000 recently on trails. Pemberton has spent, over the last ten years $350,000. From the forum was developed an Action Plan, which is being finalised at the moment.

· The Shire was on-board and Gail and Gaye were at the forum.

· We have a suite of trails in the Southern Forests and the Shire is actively marketing those trails in collaboration with the Pemberton Visitor Centre. The Shire already has trails it maintains like the Timber Park and Dean Mill Heritage Trail.

· On Sunday we had 1,000 people here in Pemberton at a Mountain bike event. Everyone was covered in mud and there were grins everywhere. It took us 36 hours to bring the tracks back up to scratch.

· Shared use trails are really important and particularly as the Shire has been active in getting the rail relinquished in Manjimup. It's important that we continue to push for the remainder of that rail corridor down to Pemberton to be opened. We continue to push for multi-use trails between the towns.

The Chief Executive Officer responded: Thank you for your input Mark. Just a quick update on the rail infrastructure matter. It is perhaps not as easy as the 5 year exercise we undertook for Manjimup to get that rail assigned under the responsibility of the Shire Manjimup inside the town site. The difference with the rail beyond the Diamond Chip Mill is that it is with a different leaseholder. For that to happen that leaseholder would have to be prepared to enter into a lease agreement with Shire of Manjimup to effectively give up that rail corridor. I understand that he’s probably not interested in doing that. But we will be working in coming years to open the Seven Day Road to Diamond Chip Mill corridor to take responsibility for that with the purpose of creating a trail on the rail.

5.2.13 George Milankov

· Recently purchased a lime orchard on Old Vasse Road.

· It’s heartening to see that Council is looking to investigate Old Vasse Road and other structures in the area.

· What I’d like to ask the committee when it’s formed is what this road would cost to upgrade.

· If there is funding available I would like to offer my services to assist in acquiring that funding, if it is appropriate.

· That the new committee assess the budget and advise the rate payers in Old Vasse Road area of the results.

The Shire President responded: Just need to state we have more bridges in the Shire than anywhere else in the State, mainly handled by Main Roads WA. The culverts are ours. We have 800kms of gravel road and 500km of sealed roads to maintain. We have a limited budget, but we try to make every cent count.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Winfield, C Seconded: Ventris, M

27436

That the Minutes of the Ordinary Meeting of the Council held on 24 May 2018 be confirmed.

CARRIED: 7/0

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

9. COUNCIL OFFICERS’ REPORTS:

Councillor Taylor declared a Financial Interest in this Item as he is the leaseholder of site 239 Windy Harbour. Cr Taylor did not speak or vote on the matter and left the Chamber at 6.30pm.

9.3.1 Proposed Renewal of Windy Harbour Annual Leases

PROPONENT	Shire of Manjimup
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Reserve 38881 Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F161128
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	1 June 2018
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has the Management Order for Reserve 38881 (Lots 12439 and 13304) 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 the designated lease sites.

Windy Harbour leases were historically for a term of one year which upon expiration continues as a monthly tenancy, although Council renews them on an annual basis. In 2001 Council commenced approving 20 year leases. The current Windy Harbour leases are as follows:

20 year Holiday Cottage leases	195
20 Year Fishermans’ leases	7
Annual leases	30
Total	232

This agenda item is to facilitate Council’s renewal of the 30 Windy Harbour annual leases for a further term of 12 months. The 30 annual leaseholders have previously been notified of the option of a 20 year lease and have not requested to exercise this option.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Council Policy 3.4.2 Windy Harbour Leases allows current annual leaseholders the option of applying for a 20 year lease or continuing with their annual lease. In the event of a lease being transferred, the new leaseholder must enter into a 20 year lease (other than in the event of a transfer through a deceased estate).

Council Policy 3.4.2 notes that a general condition assessment is to be undertaken for each lease site once every five years and work orders issued where required. General condition assessments were undertaken for all Windy Harbour lease sites in 2015 - 2016. There are no outstanding issues with the 30 annual leases from the general condition assessments.

Sites 13, 62 and 288 have expired building permits. It is recommended that a BA7 Notice of Completion for the outstanding building permits is required to be supplied prior to the approval taking effect.

STATUTORY ENVIRONMENT:

The Department of Local Government has advised that Windy Harbour leases are considered residential and therefore under s30(2)(g) of the Local Government (Functions and General) Regulations 1996 are exempt from s3.58 of the Local Government Act 1995 relating to the requirements for disposal of Council land.

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

Policy / Strategic Implications:

Renewal of the annual Windy Harbour leases is in accord with Council Policy 3.4.2 Windy Harbour Leases.

Organisational risk management:

Nil

Financial Implications:

Council imposes rates and an annual lease fee on each Windy Harbour lease site and does not differentiate between annual and 20 year leases in this regard.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. Renew the following leases over portions of Reserve 38881 for a further period of 12 months to expire at midnight on 30 June 2019, subject to the approval of the Minister for Lands:

Leaseholder/s	Site
SJ McCoy, JW McCoy, SA Fare & Estate of Late LJ McCoy	20
PA Shuttleworth	26
BJ & JA Dawson	30
Estate of Late R W Bradley & B F Bradley	31
P & J Bowden	63
TM Weatherald	64
C Crombie	75
WLA & ML East	77
RJ & R Trevorrow	88
Estate of Late D M Cheetham	92
JL Donovan	93
WL & CE Eaton	110
KJ & MS Paterson	215
TJ Waters	218
DC & EM Ettridge	219
M Renzullo	222
DJ Pratt	224
EW Tamm	234
The Estate of Late J Martin	245
TJ & MB Waugh	246
DM Blakers	248
DR & SE Brown	250
KG & GR Barnsby	251
GR & PJ Ellis	275
TJ & MB Waugh	277
Ms K A Cabassi & Estate of Late M I Leavers	281
Estate of the Late RL Thomson & MA Thomson	402

2. Subject to a BA7 Notice of Completion for expired building permits being supplied, renew the following leases over portions of Reserve 38881 for a further period of 12 months to expire at midnight on 30 June 2019, subject to the approval of the Minister for Lands:

Leaseholder/s	Site
H K & Estate of Late B K Orr	13
WJ Hatch & CR Angeloni	62
Mr A & Mrs R Renzullo	288

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Ventris, M

27438

That Council

1. Renew the following leases over portions of Reserve 38881 for a further period of 12 months to expire at midnight on 30 June 2019, subject to the approval of the Minister for Lands:

Leaseholder/s	Site
SJ McCoy, JW McCoy, SA Fare & Estate of Late LJ McCoy	20
PA Shuttleworth	26
BJ & JA Dawson	30
Estate of Late R W Bradley & B F Bradley	31
P & J Bowden	63
TM Weatherald	64
C Crombie	75
WLA & ML East	77
RJ & R Trevorrow	88
Estate of Late D M Cheetham	92
JL Donovan	93
WL & CE Eaton	110
KJ & MS Paterson	215
TJ Waters	218
DC & EM Ettridge	219
M Renzullo	222
DJ Pratt	224
EW Tamm	234
The Estate of Late J Martin	245
TJ & MB Waugh	246
DM Blakers	248
DR & SE Brown	250
KG & GR Barnsby	251
GR & PJ Ellis	275
TJ & MB Waugh	277
Ms K A Cabassi & Estate of Late M I Leavers	281
Estate of the Late RL Thomson & MA Thomson	402

Leaseholder/s	Site
H K & Estate of Late B K Orr	13
WJ Hatch & CR Angeloni	62
Mr A & Mrs R Renzullo	288

CARRIED: 6/0

ATTACHMENT

9.3.4 Proposed Adoption of 2018/2019 Fees & Charges

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F161100
LEGISLATION:	Local Government Act 1995
AUTHOR:	Craig Martyn
DATE OF REPORT:	29/05/2018
DECLARATION OF INTEREST:	Nil

Background:

A review of fees and charges is an annual practice within the normal budget process.

It is proposed this year that fees & charges are adopted at the Council Meeting on 14 June 2018 and those fees & charges are effective from the 1 July 2018.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Proposed fees and charges were presented to Councillors as part of the Councillor Budget meeting on 24 May 2018.

As requested by Council during the presentation, the fee for “Extractive Industry” has been left unchanged from the 2017/18 rate.

Following the presentation to Council, fees & charges associated with waste have again been reviewed to make provision to recover costs of handling and dispatching various other waste streams not able/desirable to be sent to landfill (e.g. vehicle tyres on rims, bulk construction and demolition waste, asbestos, Water Corporation waste water treatment plant filtrates) and previously not fully covered by charges.

Other than the introduction of fees for the Shire of Manjimup Sandra Donovan Sound Shell and State Timber Museum there have been no significant changes to the 2018/2019 fees and charges from the previous year.

Statutory fees have been amended where required, and other Shire of Manjimup fees & charges increased by the Perth Consumer Price Index (CPI) rate where appropriate to cover increasing costs.

A copy of the proposed 2018/2019 Shire of Manjimup Fees & Charges are attached.

ATTACHMENT: 9.3.4(1)

STATUTORY ENVIRONMENT:

Local Govt Act (WA) 1995 (Part 6, Division 5, s.6.17 and s.6.19) states in part:

6.17 Setting the level of fees and charges

(1) In determining the amount of a fee or charge for a service or for goods a local government is required to take into consideration the following factors –

(a) the cost to the local government of providing the service or goods;

(b) the importance of the service or goods to the community; and

6.19 Local Government to give notice of fees and charges

If a Local Government wishes to impose any fees or charges under this Subdivision after the annual budget has been adopted it must, before introducing the fees and charges, give local public notice of –

(a) its intention to do so; and

(b) the date from which it is proposed the fees and charges will be imposed.

Policy / Strategic Implications:

Our business performance is about seeking continuous improvement in delivering quality services, ensuring that they are appropriate, responsive, and cost effective and meet community needs.

Organisational risk management:

The risk to the organisation is that without regular review of fee and charges the cost of the services provided will outweigh the recoup obtained. This will put pressure onto other income sources to increase to maintain service levels.

Financial Implications:

Fees and charges in general have been increased by CPI. This should see a minor increase in Councils fees & charges revenue to cover increasing costs to provide the service.

Sustainability:

Environmental: Nil

Economic: The annual review of fees and charges allows for annual cost rises to be reflected within the setting of fees and charges.

Social: The review of fees and charges seeks to recognise the low socio-economic nature of the region.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Adopts the 2018/2019 Fees and Charges Schedule as per Attachment: 9.3.4(1); and

2. Endorse the statutory advertising of the 2018/2019 Fees and Charges for the Shire of Manjimup effective 1 July 2018.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Tapley, D

27441

That Council:

1. Adopts the 2018/2019 Fees and Charges Schedule as per Attachment: 9.3.4(1); and

2. Endorse the statutory advertising of the 2018/2019 Fees and Charges for the Shire of Manjimup effective 1 July 2018.

CARRIED: 7/0

ATTACHMENT

9.3.5 Monthly Financial Activity Statement - April 2018

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:	11 May 2018
DECLARATION OF INTEREST:	Nil

Background:

The Financial Management Regulations require monthly Financial Activity Statement reports to be prepared and presented to Council, containing the following information;

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

The Financial Activity Statement report for the period to 30 April 2018 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.5 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 30 April 2018 is a projected deficit of $12,330.

The $12,330 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 expenditure in other areas as the Shire progress through the financial year.

In brief the projected figures in most cases, assumes that the expenditure to 30 April 2018 will 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.

There has been no emergence of any further issue that has not been recognised in previous reports. To date there is moderate pressure on the Shire of Manjimup’s end of year position, which is typical for this time of year, but at this point those issues can be offset with savings in other areas.

Road maintenance accounts continue to be closely monitored, as at the 30 April 2018 those accounts finished at 82.48% expended. Whilst this percentage is proportional to the length of the year completed, it would be preferable to have a greater portion of the budget in reserve. Traditionally road maintenance accounts are hit hardest at the start and at the end of the financial year, as this is the winter period where little capital construction works can be completed. If clear weather is experienced in May and June the remaining budget should be sufficient, as staff will be able to continue to work on the infrastructure program reducing possible carry forwards.

As stated in the March 2018 review the following items were listed as possible issues to watch and will continued to be monitored through to June 30. They are;

· Interest on Investments – The Shire’s Investment Policy looks to secure funds in very low risk investments so earning acceptable interest in the current environment is very difficult. Maxi Interest accounts that two years ago would generate 2.5 to 3% interest are now generating 0.6%. To offset these reduced rates, Officers juggle cash within a series of “Notice Saver” (self-managed Term Deposits held at Westpac) accounts to try and improve the position but meeting budget may not be possible.

· AquaCentre Facilities Operating – The failure of an air source heat pump has put significant pressure on both income and expenditure at the AquaCentre. Running a plant room to maintain acceptable pool temperatures with reduced capacity has put major pressure on the current equipment causing other failures. The plant is being run for longer periods which has also increased electricity costs. Whilst attempts have been made to keep temperatures acceptable to the public, this has not always been possible which has had a flow on effect to casual pool entry with a projected income reduction of $10,000.

· Storm Damage Works/Parks – 89.6% expended by the end of April is not ideal, leaving only $14,777 remaining until 30 June 2018. Whilst this is better than previous years, and the remaining budget may not be required, one major storm event as the Shire transitions into winter would easily consume the remaining budget (After this period of reporting there has been 2 notable weather events).

The items listed above are manageable, in summary there have been no major issues arise in the 10 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 April 2018 as per Attachment: 9.3.5(1).

COUNCIL RESOLUTION:

Moved: Herbert, V Seconded: Ventris, M

27442

That Council receive the Monthly Financial Activity Statement Report for April 2018 as per Attachment: 9.3.5(1).

CARRIED: 7/0

ATTACHMENT

9.3.6 Council Financial Payments April 2018

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:	1 June 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 $2,028,741.19 for the month of April 2018 are itemised in the attachment and in the Corporate Card statement listed below.

ATTACHMENT: 9.3.6(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 14 June 2018.

Fund	Vouchers	Amount
Municipal	91041 - 91103	$118,484.46
Trust Fund	3108 - 3109	$8,070.00
Total Cheques for Month of April 2018		$126,554.46

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 14 June 2018

Fund	Batch	Amount
Municipal	371 – 378	$1,892,283.10
Total EFT for Month of April 2018		$1,892,283.10

Corporate Credit Card April 2018 – Municipal Account

1004WA4.4.57	Godfreys Bunbury 12 volt car hand vacuum cleaner 1004WA		$49.00
20049.197.57	Patricia Ann Keegan Breakfast SMT ST:6		$114.60
20171.198.52	Local Government Managers Professional development conference EHO		$1,020.00
20171.198.52	Stay Margaret River Accommodation & Breakfast -Professional development conference EHO		$205.00
99999.908.99	Westnet Internet Services1/4/18 – 1/5/18		$514.42
20029.197.57	Amardial Singh Bajwa Narrogin Refreshments ST:3 Wickepin Visit – Cemetery		$33.50
92.8500.3240.57	Paypal *buydirecton Table top recessed power box		$179.00
20047.29.52	Stay Margaret River Accommodation & Breakfast – Professional development conference - HR		$225.00
20047.29.52	Local Government Managers Professional development conference HR		$1,020.00
88.4999.7323.57	Discovery Park Bunbury Accommodation for 5-day safety training – Jayne Smith		$519.65
20049.197.57	Patricia Ann Keegan Breakfast SMT ST:6		$126.80
86.4999.6405.57	Adobe Creative Cloud Creative cloud CS7 Suite PRO		$74.76
20049.197.57	Top Deck Café Meal – Meeting with Walpole Cr ST:1 CR:1		$59.00
20215.356.57	Booktopia Pty Ltd New Book – Library Resources		$29.00
20221.196.57 581.629.8443.57	Powtoon Yearly Subscription for Sales/Marketing Tool		$305.46
66.4999.7300.57	Adobe Creative Cloud Creative cloud monthly Subscription for CAO		$74.76
20221.197.57	DSAK Pty Ltd 300x Cable ties to restock event tool kit		$10.00
20215.356.57	Bookdepository.com 1x Library book for stock Temple Of The Winds		$21.72
20221.1007.57	Chick Treat Manjimup Baton Relay thank you celebration - Food		$25.98
20221.1007.57	New Moon Sushi Baton Relay thank you celebration - Food		$55.00
20221.1007.57	FishnChips on Brockman Baton Relay thank you celebration - Food		$85.40
20030.25.57	Manjimup Liquor World 4x Bottles Shiraz for Council Chambers		$71.96
20221.1007.57	Woolworths Baton Relay thank you celebration - Food		$21.38
20221.334.57	DHgate.com 1000 Poncho raincoats - Young women’s expo		$355.01
20441.197.57	St John Ambulance Wall mounted first aid kit – Volunteers Hub		$197.01
20221.197.57	The Glassroom Breakfast – Lotterywest meeting Grant submission ST:2		$20.30
20148.198.52	Akolade Pty Ltd NDIS Business Transformation conference MGR HACC		$2,088.90
20148.198.52	Akolade Pty Ltd NDIS Business Transformation conference P Taylor		$2,088.90
20221.197.57	Wilson Parking Parking – SWEE Meeting		$15.12
20215.356.58	Booktopia Pty Ltd New Library Books for Libraries		$145.20
20221.334.57	Postermywall Download Promotion templates for Young Women’s Expo		$3.97
85.4220.7328.57	WEX Australia Milk & Plastic forks for Café Lil		$7.09
66.4999.3240.57	Walpole IGA Food for tourism meeting		$13.47
20219.200.52	Manjimup Monograms 1x Work vest for DCS		$69.30
20215.356.58	Bookdepository.com 4x Books for each Library – National Story time Hickory Dickory Dash		$57.97
Total Credit Card Payments			$9,903.63
Total Payments for the month April 2018		$2,028,741.19

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 April 2018 totalling $2,028,741.19 as detailed in Corporate Card Statement and Attachment: 9.3.6(1)

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Taylor, R

27443

That Council receive the accounts paid during April 2018 totalling $2,028,741.19 as detailed in Corporate Card Statement and Attachment: 9.3.6(1)

CARRIED: 7/0

ATTACHMENT

APPENDIX

9.5.1 Final Adoption of Pioneer Park Management Plan

PROPONENT	Shire of Manjimup
OWNER	Crown Land (Management Order to Conservation Commission of Western Australia)
LOCATION / ADDRESS:	Part Reserve 31362 South Western Highway, Walpole
WARD:	South
ZONE:	Parks and Recreation
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160698
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	27/04/2018
DECLARATION OF INTEREST:	Nil

Background:

Pioneer Park is a 22ha portion of Reserve 31362, located on the northern side of the South Western Highway within the Walpole Townsite. A location Plan is shown attached.

ATTACHMENT: 9.5.1(1)

The Shire is responsible for the development and management of the Park under a lease arrangement with the Conservation Commission of Western Australia. Although a request has been made for Pioneer Park to be excised from Reserve 31362 allowing its management to be vested directly with the Shire, the process is lengthy and complicated given that the Reserve is an “A” class reserve.

Currently the reserve has limited infrastructure consisting of:

· An ablution block incorporating accessible toilet;

· A wastewater dump point, connected to a pump and sump that also services the toilets and Visitors Centre;

· A substantial surfaced carpark used primarily for the parking of recreational vehicles, caravans and other long vehicles;

· Various significant signs relating to tourism in the area and region;

· A timber clad building utilised for the Walpole-Nornalup Visitors centre;

· A timber framed barbeque area adjacent to the visitors centre; and

· Minor park infrastructure including various park benches and settings.

The Shire sub-leases the visitors centre to the Walpole-Nornalup Tourist Association.

In order to guide the future development and use of the reserve, a draft management plan has been prepared. At its Ordinary Meeting held on 22 March 2018, Council adopted the plan for advertising purposes. A copy of the draft Management Plan as adopted by Council is shown at Appendix: 9.5.1(A)

APPENDIX: 9.5.1(A)

With advertising now complete, Council is requested to consider the submissions received and actions required to finalise the management plan.

PUBLIC Consultation Undertaken:

The draft management plan was advertised for a period of 30 days, being advertised in the local paper and on the Shire website. At the close of advertising on Friday 7 May 2018.

As detailed within the Schedule of Submissions shown at Attachment: 9.5.1(2), a total of 43 submissions were received, including submissions from Main Roads Western Australia and the Department of Biodiversity, Conservation and Attractions. Whole copies of the submissions are available to elected members on request.

ATTACHMENT: 9.5.1(2)

Where appropriate, the comments contained in the submissions are further examined in the Comment Section below.

It should be noted that in addition to those submissions shown at Attachment: 9.5.1(2), two other submissions were received that had multiple signatures attached. These submissions have not been accepted as submissions given that they are effectively non-complying petitions, with the signatures provided on a separate page.

COMMENT (Includes Options):

The purpose of the draft Management Plan is to facilitate the future development and consolidation of Pioneer Park as a gateway to the Walpole Wilderness Area and an important driver rest stop, strategically located on the South Western Highway. As reflected within the draft Management Plan, the aims and objectives are as follows:

a) To increase the use of Pioneer Park as a physical and educational gateway to the Walpole Wilderness Area and the region, by:

· Improving access to the Walpole-Nornalup Visitors Centre, including the installation of accessible pathways and access to the building for those persons with accessibility issues;

· Increasing the exposure of the Visitors Centre through appropriate signage and the selective clearing of trees located between the building and the South Western Highway;

· Ensuring that information regarding tourist attractions, both natural and built are kept up to date and conveyed to the public in a co-ordinated manner within the Park;

· Increasing the attractions for passing tourist traffic to stop and explore the park and region.

b) Increase the number and duration of tourist stops in Walpole, with particular reference to tourists transitioning between tourist attractions through:

· Improving external and internal signage relating to Pioneer Park and the Visitors Centre.

· Increasing the number and range of activities located within the Park;

· Improving vehicle and pedestrian access to the whole of Pioneer Park;

· Improvements to existing park infrastructure such as seating and shelters; and

· Continuation of Pioneer Park as the site of the Walpole Community Markets.

c) Recognise the role that Pioneer Park played in the settlement and development of the Walpole townsite and region and community aspirations for the park;

d) To clarify the role of the Shire and Walpole-Nornalup Visitors Centre in the development and management of the Pioneer Park.

e) To consolidate the use of the Park and a local passive recreation facility.

As reflected within the draft Management Plan, day to day management of the park will remain with the Shire of Manjimup.

To assist Council in considering the final adoption of the Management Plan, the following comments are offered in respect of the submissions received.

Selective Clearing of Vegetation

As reflected within the Schedule of submissions, the community of Walpole holds varied opinions on the removal of vegetation from Pioneer Park. Some members of the public wish to retain all trees, stating that the density of trees adds to the charm and amenity of the Park.

Others (including the Walpole Town Revitalisation Committee) indicate that in their view the current density of Peppermint Trees leads to the Park having a ‘dull and lifeless’ appearance. This is largely due to there being little or no ability to establish lawn or understorey vegetation under the shade of Peppermint Trees. The Shires Manager of Parks has confirmed that the current density of Peppermint Trees does inhibit the grown of grass and/or understorey vegetation.

In considering whether support for selective thinning of the trees should continue, it should also be acknowledged that the majority of Peppermint Trees within Pioneer Park were established through a community planting. The success of the community planting and subsequent self-seeding has resulted in a relatively high density of Peppermint Trees with little or no understorey.

The Walpole Town Revitalisation Committee has recommended that where appropriate the Shire utilise alternative native species to replace trees that have been removed.

It order to achieve the community desire for a grassed area within the park, some clearing of vegetation would be required. It is therefore recommended that Council maintain support to the selective pruning and removal of trees within the western portion of Pioneer Park.

RV Dump Point

Probably the most contentious issue addressed within the submissions is the location of the RV Dump Point, which is located between the Toilet Block and the Visitors Centre.

Given the existing buildings, carpark and trees, access is somewhat restricted and there is potential for RV’s to conflict with other vehicle movements or pedestrians moving between the Visitors Centre and the toilets. Several of the submissions received raise concern over these potential conflicts and highlight that the potential is much greater during “market days”.

Several of the submissions furthermore express the view that the dump point should not be located in close proximity to the Visitors Centre, being the first port of call for many visitors to the town.

As an alternative to its current location, many of the submissions suggest that the facility should be relocated to Chugg Street in the Walpole Light Industrial Area. Whilst the majority do not identify a specific site, some suggest the Shire Depot as a location. It should however be noted that the Shire Depot site is not connected to the Water Corporations reticulated sewerage service, being a mandatory requirement for RV Dump points in environmentally sensitive areas.

In the opinion of the Senior Management Team the location of an RV dump point within the Light Industrial Area (LIA) is not feasible given that the Shire has no land holdings within the LIA other than the Shire Depot and local road reserves, to which reticulated sewerage is not available.

Comments that it is inappropriate for the facility to be in the public view on the main street are not supported. By locating the facility adjacent to the Town Centre, there is the ability for visitors to explore the immediate area and attend business located in the main street. If the facility were to be located away from the Town Centre, there would be less incentive for RV’s to stop and frequent local business and/or the visitors centre.

It is noted that there is scope to relocate the Dump Point within the Pioneer Park Precinct. For example on the eastern side of the existing toilet facilities and adjacent to the bitumen carpark area. In this location:

a) the dump point could still connect to the sewerage connection servicing the toilet block;

b) it would reduce the potential for conflict with pedestrians moving between the Park/Visitors Centre and Toilet Block; and

c) Would remove the need for formal construction of an access road to the rear of the visitors centre.

Such a facility could then be established and screened in a manner that is similar to Manjin Park in Manjimup.

Access Road

As reflected on the Concept Plan within Appendix No 1, in order to reduce the potential for vehicle and pedestrian conflict associated with the RV dump point, it was proposed to construct an access road at the rear of the toilet block, connecting with the existing bitumen carpark. In order to ensure that vehicles using the facility have an appropriate area to turn around, it was proposed that a turn-around area would be established adjacent to the children’s nature based playground. The road would also facilitate vehicle access in close proximity to the playground.

Several of the submissions received urge Council to relocate the RV dump point, alleviating the need for the access road to be constructed. Suggestions have also been made that the money saved from not constructing the access road could be used to meet the costs associated with relocating the RV dump point along with other improvements in the Park (i.e. renovation of the existing toilets).

On a separate but related matter, several objections have been received in respect of encouraging vehicle traffic in close proximity to the conceptual Natureplay area.

Having regard to the objections, it is recommended that consideration be given to the relocation of the dump point, removing the need for a formal access road and turn around facility. Whilst an access road may still be desired to facilitate access to the rear of the Visitors Centre and for park maintenance, this may be gated to ensure restricted access using a less substantial road.

Funds saved from not proceeding with the more substantial access road construction could then be used to meet the cost of relocating the dump point. Any balance of funds could also be used for example to complete upgrades to the existing toilets.

Plan Detail

Two of the submissions receive express concern that the plan does not appear to be based on detailed facts and figures such as Tourism numbers. The primary concern is that expenditure should be justified by appropriate research.

By way of response, Shire officers advise that the current round of expenditure is utilising grant funds, already approved by the South West and Great Southern Development Commissions. This expenditure primarily relates to replacement of aging infrastructure and the need to ensure that the park and its facilities are accessibility compliant. Accordingly whilst the members of the public’s view on the matter is understood and respected, more detailed research was not required in this instance.

The submissions also highlight that the Draft Management Plan and associated concept Plan contain a number of errors that should be addressed.

Interpretative Centre/Museum

As elected members may be aware, the Walpole Community has a very active heritage society. The society currently holds a rather large collection of heritage artefacts associated with the history of Walpole. These items are currently stored in many locations around the community.

In addition the Lady Walpole, being a 36 foot boat that was hand built in 1934 from timber salvaged from a Tasmanian ship wrecked off the Walpole Coast, has been recently returned to the Walpole community is under restoration. Miss Walpole, being a smaller vessel (constructed by the same local family as Lady Walpole) was recently restored by the Walpole Community.

These requests are supported by the Walpole-Nornalup Visitors Centre.

Several of the submissions received identify a desire to establish an interpretative centre/museum to house Lady Walpole, Miss Walpole and the many other artefacts held by the Historical Society and Walpole community. Examination of the site indicates that the most appropriate location would be between the existing Visitors Centre and the toilet block as this location can be readily connected to existing essential services such as power, water and sewerage.

It is acknowledged however that more detailed research will be required before concepts such as the suggested interpretative centre/museum can be further developed.

Relocation of the existing dump point would be required to facilitate the construction of an interpretative centre/museum in this location. As significant additional funding would be required to design and construct such a facility, it is recommended that the plan be modified to reflect a potential location only.

Overnight Camping

As elected members may be aware, there have been ongoing issues associated with camping in the reserve. Some of the submissions received raise concern over this, with one identifying this as illegal camping.

In accordance with Regulation 11 of the Caravan Park and Camping Grounds Regulations, a person may camp on land other than a caravan park or camping ground under the following circumstances:

a) For up to 3 nights in any 28 day period (or longer period as may be approved) on land which he or she owns, or has a legal right to occupy;

b) Up to 24 hours in a caravan or other vehicle in a road side rest area;

c) Up to 24 hours in a road reserve in an emergency. The regulations define an emergency as a situation where the movement of the caravan or other vehicle would constitute an immediate or serious hazard.

d) Land held by the state (freehold, leasehold or reserve) in accordance with the permission of that instrumentality;

e) On any unallocated crown land with the permission of the Minister for Lands.

Roadside Rest Stops are defined by the Regulations as an “area designated by a traffic sign, erected in accordance with a written law, as an area which may be used for 24 hours for —

(a) resting; or

(b) stopping; or

(c) camping,

in a vehicle;”

Whilst not signposted as a roadside rest stop, it would not be unreasonable for passing traffic to view the sealed parking area at Pioneer Park as being a rest area and camp (within a vehicle) for a period not exceeding 24 hours.

It is however noted that tourist regularly try and stay for more than 24 hours and regularly recreational vehicles leave the bitumen area to park up amongst the peppermint trees within the general area of the park, resulting in a mix of pedestrian and vehicle activity. It is also noted that on occasions, tourists have set up tents within the park. It is the author of this agenda items opinion that such actions are not acceptable.

It is recommended that an appropriate signage and education program is required to ensure tourists/visitors visiting Walpole are encouraged to use the approved accommodation options.

In conclusion, the submissions received generally support the Management Plan as presented. However, there are several significant matters raised within the submissions that must be addressed:

a) Completion of selective pruning and clearing to facilitate improved visibility between the Visitors Centre and the Highway, to remove dangerous or obstructive limbs and to facilitate the establishment of a suitable grass area. With the majority of the submissions supporting a selective approach it is recommended that Council continue to support a selective program of pruning and clearing.

It is however recommended that clearing abutting the Highway be avoided to maintain the current natural appearance of the park as viewed from the highway and townsite.

b) Relocation of the Dump Point which is supported by the majority of the submissions to reduce the potential for pedestrian/traffic conflict and increase its separation from the the visitors centre. These aims can be achieved by relocating the Dump Point to the eastern side of the existing toilets. Such a location could be connected back to the existing toilet connection and allow the existing ‘pump and sump’ to remain in its current location, servicing the existing buildings and dump point by providing a connection to the resticulated sewerage system.

A number of the submissions received suggest the dump point be relocated to the Walpole Light Industrial Area. This however not supported given that there is no suitable land with connection to the reticulated sewerage service available.

c) The need to establish an interpretative centre/museum is supported by a significant number of the submissions received, with particular emphasis on housing the Lady Walpole, Miss Walpole and other artefacts currently held by the Walpole Community.

Shire officers are aware that the Historical Society is in discussion with the Visitors Centre over the potential for the sharing of volunteers between the Museum and Visitors Centre, ensuring such facilities maximise their opening hours. Subject to Council supporting the relocation of the Dump Point, it is recommended that the potential location of an interpretative centre/museum adjacent to the Visitors Centre be reflected within the Plan.

Changes to the Draft Management Plan to reflect the relocation of the Dump Point, potential location for an Interpretative Centre/Museum and the reduction of the proposed access road standard and length represent substantial changes to the plan.

To ensure effective consultation with members of the Walpole Community it is recommended that a second public consultation process be implemented following completion of the required modifications.

STATUTORY ENVIRONMENT:

Local Government Act 1995 and associated Regulations

Policy / Strategic Implications:

Adoption of a Management Plan for Pioneer Park will assist in guiding future development and use of the park and will be utilised to support future grant applications and guide future Shire expenditure.

The proposed improvements are consistent with various goals and strategies within the Our Infrastructure section of the Shire of Manjimup Strategic Community Plan, including:

Community Goals

4.4 Town Centres are accessible, attractive and inviting whilst maintain the unique characters;

4.5 Parks and open space are attractive and create opportunities for people to come together, socialise and enjoy a range of activity;

Strategies

D6. Develop and maintain community infrastructure to a service-level that meets the community’s needs.

D11. Provide for public parks and playgrounds that are accessible and attractive with well-maintained amenities and equipment.

Organisational risk management:

Ongoing management and development of Pioneer Park in the absence of a management plan may lead to ad-hoc decisions and development.

Financial Implications:

The costs associated with the first stage of redevelopment are being met by three grants that are summarised as follows:

· A Tourism WA grant direct to the Visitors Centre relating to modification of the building forecourt and signage;

· Grants received by the Shire from the Great Southern and South West Development Commissions.

Sustainability:

Environmental: Nil

Economic: As detailed in the Financial Implications section above, costs associated with the first stage of works are being met through approved grant funds. Works not covered by the grant will be considered as part of future Shire budgets and/or future grants.

Social: Pioneer Park forms an important part of the Walpole social fabric providing passive recreational opportunities for both residents and passing traffic.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Having regard to the submissions received, Council proceed with the Draft Pioneer Park Management Plan as shown at Appendix: 9.5.1(1) subject to the following modifications:

a) Reference being included to reflect the need to complete works on the existing toilet facilities to upgrade and improve the appearance of the existing facilities. Such upgrades to include repainting and the installation of an internal ceiling;

b) Relocation of the existing recreational vehicle wastewater dump point to a position on the eastern side of the existing toilet facilities, with the facility to be positioned and screened so as to minimise the visual aspects as viewed from the sealed carparking area;

c) Deletion of the proposed new access road which was to be located to the rear of the existing toilet facilities and Visitors Centre, with a less formal accessway to be established, reflecting the current standard of construction. This accessway to be gated and primarily used for maintenance vehicle access;

d) Modification of the concept plan to reflect the potential location of an Interpretative Centre/Museum to be located between the Walpole-Nornalup Visitors Centre and the existing Toilet Facilities;

e) The words “through an appropriate signage and artwork” within section 5.2(c) and recommendation 6.2(m) be modified to read “an appropriate interpretation model including appropriate artwork and signage”.

f) Corrections to the concept plan to correct road names and other minor matters as required by the Chief Executive Officer.

2. Advise those persons who lodged submissions be advised of point 1 accordingly; and

3. Having regard to the substantial nature of the modifications identified in Point a above, request the Chief Executive Officer to proceed with a second public consultation period of 30 days.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Ventris, M

27444

That Council:

1. Having regard to the submissions received, Council proceed with the Draft Pioneer Park Management Plan as shown at Appendix: 9.5.1(1) subject to the following modifications:

c) d) Modification of the concept plan to reflect the potential location of an Interpretative Centre/Museum to be located between the Walpole-Nornalup Visitors Centre and the existing Toilet Facilities;

d) The words “through an appropriate signage and artwork” within section 5.2(c) and recommendation 6.2(m) be modified to read “an appropriate interpretation model including appropriate artwork and signage”.

e) Corrections to the concept plan to correct road names and other minor matters as required by the Chief Executive Officer.

2. Advise those persons who lodged submissions be advised of point 1 accordingly; and

3. Having regard to the substantial nature of the modifications identified in Point a above, request the Chief Executive Officer to proceed with a second public consultation period of 30 days.

CARRIED: 7/0

ATTACHMENT

9.5.2 Proposed Low-Impact Tourist Accommodation (Short Stay) at Lot 9 (327) Ipsen Street, Deanmill

PROPONENT	RJ & S Bamess
OWNER	RJ & S Bamess
LOCATION / ADDRESS:	Lot 9 (327) Ipsen Street, Deanmill
WARD:	Central
ZONE:	Rural Small Holdings
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/51, P55205
LEGISLATION:	Planning and Development Act 2005; Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	10/05/2018
DECLARATION OF INTEREST:	A relative of the landowners is employed by the Shire of Manjimup. The employee was not involved in the assessment of this application.

Background:

Council is requested to consider an application for Low Impact Tourist Accommodation (Short Stay) at Lot 9 (327) Ipsen Street, Manjimup. Location, site and development plans of the proposal are attached.

ATTACHMENT: 9.5.2(1)

Location Plan

Lot 9 is 14.7ha in area and located approximately 3 kilometres west of the Manjimup Central Business District. The site contains an abattoir (now ceased in operation) and ancillary buildings, as well as 4 dams. Horticultural activities are undertaken on the land, in conjunction with adjoining Lot 12 Springall Road to the south.

The applicants propose to construct 19 guest bedrooms inside 6 transportable buildings, inclusive of 1 caretaker bedroom on site. A 6m by 12m Dining/Lounge area is also proposed to be constructed in a central position between the proposed guestrooms. The materials to be used will be Colorbond ‘Grey Shale’® and Zincalume. A total of 20 car parking spaces have been identified to service the development. A maximum of 30 guests will be housed in the development at any one time.

It is noted that the proposal of 30 guests is does not comply with the definition of 20 guests permitted by the ‘Rural Smallholdings’ zoning of the land by Shire of Manjimup Local Planning Scheme No.4 (the Scheme).

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

PUBLIC Consultation Undertaken:

The application was advertised for a 21 day period in accordance with clause 9.6 of the Scheme. The adjoining landowner at Lot 3 Ipsen Street provided two submissions for Council’s consideration. Copies of the submissions is attached.

One submission, dated 26 April 2018, details the adjoining landowner’s response to the proposed development, as attached.

ATTACHMENT: 9.5.2(2)

The second submission, dated 20 April 2018, requests that the Shire consider the closure of the Right of Way providing access to the property from Ipsen Street to the north. At the time of writing, this submission has been forwarded to the Shire’s Technical Services Department for investigation and assessment. A copy of the submission is attached.

ATTACHMENT: 9.5.2(3)

The content of both submissions will be considered in the comment section of the report.

COMMENT (Includes Options):

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

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

Proposal Details

The proposed additional Low Impact Tourist Accommodation units will, if approved:

· accommodate a maximum of 30 persons at any one time;

· be supplied with water from the existing on-site water bore and dam, treated to a potable standard;

· be served by 20 parking bays located next to the Low-Impact Tourist Accommodation (Short Stay); and

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

Clause 5.37.3.1 (x) of the Scheme, states that Low-Impact Tourist Accommodation – Short Stay is limited to not more than 4 holiday accommodations or guest bedrooms to accommodate no more than 20 persons or equivalent accommodation types (including bed & breakfast facilities). Whilst the application proposes to cater for 30 persons, a maximum of 20 persons may be approved under this land use clarification.

The author of this report recommends that Council maintain the maximum of 20 persons be accommodated in accordance with Clause 5.37.3.1 (x) of the Scheme, as an undesirable precedent for the development of Low Impact Tourism Accommodation catering for more than 20 people. It should be noted that the applicant was made aware of the Scheme provisions for Low-Impact Tourist Accommodation on Rural Smallholdings zoned land prior to submission of the application.

Rural Smallholdings lots are generally of a smaller size and the Scheme provisions are designed for the promotion of a rural ‘lifestyle’, as opposed to General or Priority Agriculture zoned lots, where greater numbers of persons can be adequately accommodated on generally larger lots where the primary objective is to increase the agricultural production of the land under the zoning provisions of the Scheme. For this reason the only use class that may be considered is Low Impact Tourist Accommodation.

The author does understand the intent of the request for the increased capacity, given the land is under agricultural production, but notes the Scheme zoning provisions and the definition of the proposed land use cannot support the application as proposed at this time. It is recommended that a condition providing for a maximum of 20 persons (inclusive of an onsite caretaker) be issued on any approval granted by Council.

Car Parking

Should Council resolve to approve with respect to the requirements of the Scheme, it is noted that a reduction of car parking spaces will also occur. In the event that Council elects to approve subject to the property accommodating 20 persons, 12 onsite car parking spaces is deemed sufficient. A condition reflecting this requirement has been included in the Officer Recommendation.

Request for Relaxation of Short Stay Requirements

The applicants additionally request that approval be granted to allow users of the accommodation to stay on site for a 6-month period. The author of the report determines this request departs from the Scheme’s definition of ‘short-stay’, being that a travelling person can reside on a property no longer than 3 months in any 12-month period. Although the applicant states that the request appropriately reflects the period of seasonal agricultural work in the Manjimup area, it cannot be supported under current Scheme provisions relating to the Rural Smallholdings zoning. It is therefore recommended Council include a condition maintaining compliance with a maximum 3-month stay be included on any approval it may issue.

Setbacks

The Scheme states that development within the Rural Smallholdings zone shall conform to the following setbacks – 20 metres from front and rear and 10 metres from sides. The development, exceeds with these boundary setback requirements by being located over 100m from the southern boundary, over 20m to side boundaries and 50m to the northern boundary. A condition requiring that the development, inclusive of car parking areas, is to maintain a 20m setback has been included in the Officer Recommendation.

Road Access

A sealed Right Of Way (ROW) is to be used as the main thoroughfare to access the proposed development from Ipsen Street. Historically, this ROW was used as the primary access to the now defunct abattoir.

This ROW is vested with the State of Western Australia, and is under the care and control of the Shire of Manjimup. Generally, the condition and geometry of the ROW could be described as adequate. However, it is possible that the road geometry and condition will not suit the on-going operation of the accommodation.

The adjoining landowner has objected to the use of the ROW for the development as proposed, and have made application to close the ROW to public use (see Attachment 3). Any decision to close the ROW is determined under the provisions of the Land Administration Act 1997, and therefore must be considered on its merits under that legislation. For the purposes of the assessment and determination of this proposal under the Scheme, the ROW must be considered in its current, operative state.

As detailed in Attachment 3, the adjoining landowner states that they were under the impression that the ROW was part of their property and have maintained the road for their use since the closure of the Abattoir on the subject lot. The adjoining landowner perceives that use of the ROW by persons utilising the proposed development will cause significant disruption to the established agricultural practices on their properties, disturb the amenity of the elderly occupant of the dwelling on Lot 3 and present a significant safety risk to vehicle users given its current geometry and the number of proposed traffic movements in combination with the agricultural activities carried out by the objecting landowner. Should Council determine to follow the author’s recommendation, these traffic movements will further decrease given that 20 persons, and not 30 will be using the ROW.

Given that approval to the proposal will only result in a low number of additional traffic movements, an upgrading of the ROW is not recommended. It is furthermore considered that a condition requiring the upgrading of the ROW, at the proponent’s cost, would make the proposal unviable. Adequate signage directing traffic to the use of the ROW and location of the proposed development will likely reduce the impact on the amenity of the elderly occupant of Lot 3 Ipsen Street. A condition recommending that this be undertaken is recommended on any approval issued by Council.

Notwithstanding the above, Shire Officers have requested that it be recognised that the ROW is provided in an ‘as-is’ condition, the road condition may not be ideal for the development and Council’s plans for the ROW will not be modified as a result of this private business. An advice note to this effect will be included on any approval granted by Council.

Amenity

The adjoining landowner has made numerous statements within their submission to Council that the amenity of the area will be disturbed negatively by the proposal should it be approved by Council. These concerns are based on the aims and objectives of the Scheme and zoning requirements of the land, and include that the proposal;

a) is detrimental to the rural character of the area, through the increase in vehicular traffic and noise and rubbish generated by the proposal;

b) will be detrimental to the established agricultural pursuits on their land (orchards, livestock rearing);

c) will potentially damage fenced land owned by the objector through vehicular activity;

d) will potentially see their property and belongings damaged or taken through theft;

e) in using ‘donga’ style accommodation will ruin the aesthetics of the locality;

f) impact on the amenity of elderly occupant on the adjoining property, as discussed above;

g) be managed appropriately, with an onsite caretaker responsible for the proposed development; and

h) That the proposed development should be setback further to minimize damage to common boundary fencing.

The applicants have provided a written response to the concerns provided by the adjoining landowner. The response provides a further detailed explanation of the day-to-day management of the development. A copy of the response is attached.

ATTACHMENT: 9.5.2(4)

In consideration of, and with a view to addressing concerns a) and b), it is recommended that Council include a condition of approval that ensures the amenity of the area is protected and must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality to the satisfaction of the Shire of Manjimup.

In the interest of orderly and proper planning of developments, the author notes that concerns c) and d) are not considered to be material planning considerations. The Scheme does not provide for the resolution of potential damage or theft to property by third parties. However, the Scheme does have an interest in the preservation of amenity and the minimisation of off-site impacts caused by developments, which is considered by Shire Officers to be the crux of the adjoining landowners’ objection to the development.

With regard to concern e), the use of ‘donga’ style accommodation is not prohibited by the Scheme, and the applicant has provided detail as to the presentation of the accommodation which is considered satisfactory by Shire Officers. It is noted that the accommodation is located 500m from the nearest dwelling on the adjacent property and a similar distance from Ipsen Street. No impact on the visual aesthetic of the area is considered likely by Shire Officers given the setback distance to roads and dwellings on adjoining properties.

Concern f) is adjudged to have been suitably addressed by the conditions recommended in the event of approval.

In light of concern g) the details provided in the application itself, as well as the additional information provided, establishes that a caretaker will be accountable and responsible for the day-to-day management of the proposal. This is also a requirement under the Shire of Manjimup Health Local Law 1998. Shire Officers recommend a condition ensuring that an onsite caretaker be available at all times for the operation of the proposal.

Concern h) can be suitably addressed through the imposition of a condition maintaining that the 20m setback to property boundaries from the development, including car parking areas. The Officer Recommendation contains a condition relating to this.

The concerns highlighted by the submission regarding the amenity of the locality are considered suitably addressed through the imposition of the conditions recommended.

Emergency Management

The proponent has an existing Emergency Evacuation Response Plan showing the evacuation points as well as an assembly area. It is noted however that at this stage the applicant has not provided emergency contact details for guests as part of this application for the proposed development. This information should be incorporated into the Evacuation Plan and made available in the proposed new holiday accommodation in accordance with Council Policy.

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

Other Planning Requirements

The requirements for provision of water, effluent disposal and bush fire protection will be conveyed as advice notes as these are requirements under other legislation. As the property is to accommodate 20 persons, Environmental Health Services have advised that a lodging house permit will be required in addition to a Building Permit. Appropriate advice notes have been included within the recommendation to ensure the applicant is aware of these requirements.

Future Land Use Options

Many Rural Smallholdings land located to the west of the Manjimup Townsite boundary are utilised primarily for agricultural activities at this time. Assessment of this application has made it apparent to Shire Officers that Scheme zonings are proving to be a hindrance to the development of rural worker’s accommodation on those lots zoned Rural Smallholdings under significant agricultural production.

The area of Rural Smallholdings Zone identified by the Scheme is substantial as shown at Attachment: 9.5.2(5). Of this land, 305ha located between the town and West Boundary Road is identified in the Scheme as a Development Investigation Area for future Residential and Rural Residential development.

ATTACHMENT: 9.5.2(5)

Although land west of West Boundary Road is not identified as having any further development potential, the zoning of this land unnecessarily restricts the ability to use the land for agricultural purposes and accommodate staff on site. It is therefore recommended that consideration be given to reverting land west of West Boundary Road to the General Agriculture Zone under draft Local Planning Scheme No 5.

Given that due to various factors such as environmental assessment etc., which are yet to be undertaken, the timeframe for finalising the draft scheme cannot be confirmed at this time. Should Council wish to amend the scheme so as to support the establishment of additional accommodation units on the property prior to introduction of the new scheme, elected members may wish to consider one of the following options:

Option 1 – Council resolves to encourage landowners to undertake a Scheme Amendment over their land to allow for the ‘Rural Worker’s Accommodation’ land use on Rural Smallholdings zoned land.

Option 2 – Council resolves to undertake an in-house Scheme Amendment to the text of the Scheme to remove the 20 person limitation on Low-Impact Tourist Accommodation (Short Stay) within the Rural Smallholdings zone.

In order to limit the variation of Scheme requirements to the current site, Option 1 is preferred. Whilst possible, Option 2 could result in inappropriate forms of accommodation being established within rural areas. A limitation is considered necessary to maintain the orderly and proper planning of rural land within the Shire.

Conclusion

The Scheme allows Council to approve low impact tourist accommodation – short stay proposals provided that any impact from any such land uses or development is contained on-site. The development is considered to be appropriately located and is not expected to result in any significant impact on nearby intensive agricultural activities and adjoining properties, on the provision the number of occupants is reduced from 30 to 20 persons and conditions imposed that retain the amenity of the locality.

Should elected members wish to allow a future increase in the number of persons being catered for at the proposed development, it is recommended that a scheme amendment establishing an additional use right be considered as contained in the officers recommendation.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Organisational risk management:

Under the current provisions of the current Scheme, a maximum of 20 persons can be accommodated on a property carrying a Rural Smallholdings zoning. There is considerable risk in that the approval of 30 persons to be accommodated as initially proposed by the applicant would set an undesirable precedent for the development of Rural Smallholding zoned lots within the Shire.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The concerns provided by the adjoining landowner are considered to be suitably addressed through the imposition of development approval conditions designed to protect the amenity and enjoyment of their property.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants planning approval for the Low Impact Tourist Accommodation (Short Stay) at Lot 9 Ipsen Street, Deanmill in accordance with the submitted plans as attached at Attachment 9.5.2(1) and subject to the following conditions:

a) The Holiday Accommodation hereby approved is limited to a maximum of twenty (20) persons, in the premises at any one time to the satisfaction of the Shire of Manjimup. Plans indicative of this revision are to be provided to the Shire prior to the issuance of a Building Permit;

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

c) The development as approved is to maintain a minimum 20m setback to all property boundaries, inclusive of car parking areas, to the satisfaction of the Shire of Manjimup;

d) The use hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants to the satisfaction of the Shire of Manjimup;

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

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

g) Prior to the occupation of the development for its approved purpose, a minimum of 12 car parking spaces shall be set aside for guests’ parking, shall be marked permanently as such, and shall be located so as to be easily accessible, to the satisfaction of the Shire of Manjimup;

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

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

Advice to Applicant:

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

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

c) The development hereby approved must comply with all relevant provisions of the Health Act, 1911 (as Amended) and the Building Code of Australia, 2012.

d) 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. [The proponent is invited to liaise with the Principal Environmental Health Officer for further information in respect to this].

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

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

2. Encourage the applicants/landowners to consider pursuing a Scheme Amendment to allow for an increase in the number of persons staying on the property. It is recommended that they liaise with Shire officers over the potential content of such an Scheme Amendment.

3. The Chief Executive Officer be requested to include that portion of Rural Small Holdings west of West Boundary Road, as shown on Attachment: 9.5.2(5) within the General Agricultural Zone under draft Local Planning Scheme No 5.

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Salomone, J

27445

That Council:

a) The Holiday Accommodation hereby approved is limited to a maximum of twenty (20) persons, in the premises at any one time to the satisfaction of the Shire of Manjimup;

c) The development as approved is to maintain a minimum 20m setback to all property boundaries, inclusive of car parking areas, to the satisfaction of the Shire of Manjimup;

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

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

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

Advice to Applicant:

c) The development hereby approved must comply with all relevant provisions of the Health Act, 1911 (as Amended) and the Building Code of Australia, 2012.

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

CARRIED: 7/0

ATTACHMENT

APPENDIX

9.5.3 Proposed Revision of Local Planning Policy Provisions Relating to Dams

PROPONENT	N/A
OWNER	Various
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	All
ZONE:	All
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F161518
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	5/06/2018
DECLARATION OF INTEREST:	Nil

At its Ordinary Meeting held on 3 May 2018, Council deferred consideration of the following item pending a workshop with elected members on the proposed provisions and potential imposition of Structural Engineering requirements, to be held on 24 May 2018. The Item is now presented as appeared within the 3 May agenda for elected members further consideration.

During the workshop, concern was expressed regarding the thresholds identified as to when structural certification would be recommended or required. The author of the report was subsequently requested to complete further research and liaise with Adam Maskew, Regional Manager Department of Water and Environment.

Mr Maskew has since been contacted and advises that the Department has no ability to impose any requirements in respect of structural integrity under the Rights in Irrigation and Water Act 1914. Mr Maskew further advises that this view has been tested by several Ministerial Offices and the State Solicitors Office.

A copy of the Shires draft Policy has been provided to Mr Maskew for review and advice by the Department. It is hoped that this advice will be available to elected members prior to the Council meeting.

Through further research it has been identified that the Australian Committee on Large Dams (ANCOLD) have identified guidelines for what they term to be a large dam, being:

(a) more than 15 metres in height measured from the lowest point of the general foundations to the ‘crest’ of the dam,

(b) more than 10 metres in height measured as in (a) provided they comply with at least one of the following conditions:

(i) the crest is not less than 500 metres in length

(ii) the capacity of the reservoir formed by the dam is not less than 1 million cubic metres

(iii) the maximum flood discharge dealt with by the dam is not less than 2000 cubic metres per second

(iv) the dam is of unusual design.

“Large Dams” as defined by ANCOLD are generally large water supply or electricity generating dams, owned by the State or Federal Governments. That said, as stated on the ANCOLD website, the guidelines can also be used to assist with decisions on smaller dams.

Having regard to the ANCOLD guidelines, elected members may wish to modify the provisions of the Draft Policy to require structural certification for all dams with a wall height over 15 metres and recommend such certification for dams having a wall height of between 5 and 10 metres.

Background:

Local Planning Policies are prepared, advertised and adopted under the provisions of the Shire’s Local Planning Scheme No 4. The purpose of Local Planning Policies is to assist the Shire Officers and Council in making decisions under the Scheme. They provide guidance to applicants and Shire staff as to particular requirements or considerations that are applicable when determining applications for the Shires prior planning consent.

At its Ordinary Meeting held on 8 December 2016, Council adopted a revised Local Planning Policy Manual.

As part of that manual, Council adopted Local Planning Policy (LPP) 6.1.11 relating to Rural Land Use, which included guidelines for dam setbacks. A copy of the current adopted LPP No 6.1.11 is shown at Appendix: 9.5.3(A).

APPENDIX: 9.5.3(A)

As elected members would be aware the issues of drainage and construction standard are common considerations when determining applications for dams, particularly those involving a relaxation of setbacks to other private property or Shire road reserves.

Council is now requested to consider endorsing a standalone Local Planning Policy for Dams to ensure all matters relating to dams are addressed. A copy of a draft Policy is shown attached.

ATTACHMENT: 9.5.3(1)

By way of summary the draft policy has been prepared to ensure that the level of information provided by an applicant is commensurate with the potential risks associated with the dam construction. For low risk dams, it is proposed that Engineering Certification not be required. It is recommended that a designs certified by a structural engineer be required for forms of construction that would pose a larger potential risk (i.e. large on stream dams).

By excising the provisions relating to dams from LPP No 6.1.11, there is also a need to revise the current provisions of that Policy. A copy of a revised draft policy, excluding the current provisions relating to dams is also shown attached.

ATTACHMENT: 9.5.3(2)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Local Planning Scheme No 4 (LPS No 4) provisions relating to dams vary depending on the zoning of the proposed location. Within the Priority Agriculture and General zone, the Shires prior planning approval is not required where the base of the dam wall complies with a minimum setback of 20m from all property boundaries.

Prior planning approval is therefore required under the following circumstances:

a) Where a relaxation of the 20m setback requirements is sought within the Priority Agriculture or General Agriculture Zone;

b) Where the dam(s) are proposed in any other zone under LPS No 4, whether involving a relaxation of setbacks or not.

In determining applications for planning approval, clause 10.2 of LPS No 4 outlines that the local government must have regard to various matters, including but not limited to:

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

(vi) The local government’s adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4, any Heritage Policy Statement for a designated Heritage Area adopted under Clause 7.2.2, and any other plan or guideline adopted by the local government under the Scheme;

(xiii) the likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

(xiv) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

(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;

(xxiv) whether the proposal is likely to cause soil erosion or land degradation;

(xxvi) any relevant submissions received on the application;

(xxvii) the comments or submissions received from any authority consulted under Clause 10.1

STATUTORY ENVIRONMENT:

Local Planning Policies prepared in accordance with Part 2.2 of LPS No 4 are required to be advertised for public comment over a period of not less than 14 days.

To ensure that members of the public are given an appropriate amount of time to consider the new draft policies, it is recommended that advertising occur over a 21 day period.

Policy / Strategic Implications:

The provisions of Local Planning Scheme No 4 require that where its development approval is required, Council must have regard to the risks associated with the construction.

The new draft policy ensures that the level of information provided by an applicant will be sufficient to ensure that the potential risks (i.e. dam burst) may be adequately assessed by Council.

Organisational risk management:

Nil

Financial Implications:

The cost of advertising the proposed Local Planning Policies will be contained within the 2017/18 annual budget as adopted by Council.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

a) adopt draft Local Planning Policy No 6.1.21 as shown at Attachment: 9.5.3(1) for the purposes of advertising in accordance with Part 2 of Local Planning Scheme No 4;

b) adopt revised draft Local Planning Policy No 6.1.11 as shown at Attachment: 9.5.3(2) for the purposes of advertising in accordance with Part 2 of Local Planning Scheme No 4;

c) Await a further report on the draft policy following the close of advertising.

COUNCIL RESOLUTION:

MOVED: Herbert, V SECONDED: Ventris, M

27446

That Council:

a) adopt draft Local Planning Policy No 6.1.21 as shown at Attachment: 9.5.3(1) for the purposes of advertising in accordance with Part 2 of Local Planning Scheme No 4;

b) adopt revised draft Local Planning Policy No 6.1.11 as shown at Attachment: 9.5.3(2) for the purposes of advertising in accordance with Part 2 of Local Planning Scheme No 4;

c) Await a further report on the draft policy following the close of advertising.

MOTION lost 2/5

FOR	AGAINST
Cr V Herbert	Cr P Omodei
Cr M Ventris	Cr J Salomone
	Cr D Tapley
	Cr R Taylor
	Cr C Winfield

Moved: Winfield, C Seconded: Tapley, D

27447

That Council directs the Chief Executive Officer:

1. To research the history and issues relating to dam construction and failure in the region including undertaking direct consultation with the Department of Water and Environmental Regulation; and compare Shire of Manjimup relevant policies to other Local Governments with similar issues;

2. To engage the services of the Shire of Manjimup’s solicitor to explore organisational risk and potential liability in relation to the approval of dams within the district; and

3. To coordinate a workshop with Council to discuss the findings of point 1 and 2 above plus provide strategic guidance to Shire Officers to enable the further revision of a Local Planning Policy Provisions Relating to Dams.

MOTION carried 6/1

FOR	AGAINST
Cr P Omodei	Cr V Herbert
Cr J Salomone
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield

Reasons:

1. Good work but more work to do.

2. Not convinced with historical data, merits further investigation.

9.9.1 Proposed Budget Amendment for Local Drug Action Team

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	Whole of Shire
ZONE:	N.A.
DIRECTORATE:	Community Services
FILE REFERENCE:	F170533
LEGISLATION:	Local Government Act 1995
AUTHOR:	Sharon Wilkinson
DATE OF REPORT:	1/06/2018
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup, Southern Forest Alcohol and Other Drug Management Plan (SFAODMP) project committee has been granted $10,000 funding from the Alcohol and Drug Foundation (ADF) in support of the committee being accepted as a Local Drug Action Team (LDAT). The LDAT program is part of the Australian Government’s investment of $298 million over four years under the National Ice Action Strategy to help local communities reduce and prevent alcohol and other drug-related harm. The funding is to develop a Community Action Plan (CAP) and implement actions.

The purpose of this report is to request Council approval to amend the Shire of Manjimup 2017/18 budget to show additional income and additional expenditure of $10,000 (ex GST) for the LDAT scheme.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Southern Forests Alcohol and Other Drug Management Committee was established in 2012 to implement the Southern Forests Alcohol and Other Drug Management Project. The project represents a Memorandum of Agreement (MOA) between the Shire with St John of God Bunbury (South West Community and Drugs Services) and WA Country Health Service. Its aim is to mitigate alcohol and other drug related harm across the Shire of Manjimup.

In 2016, in consultation with the local community and local service providers, the Southern Forests Alcohol and Other Drug Management Committee developed a Strategic Plan with the aim to reduce alcohol and other drug related harm in the Shire of Manjimup. The Southern Forests Alcohol and Other Drug Project Plan was adopted by Council on the 16^th June 2016.

The current Strategic Plan for the SFAODMP, including the associated CAP, is due to expire in 2018 and requires review. By accepting funding from the ADF will be completing a CAP that will serve to meet the ADF grant requirements and inform the review of the SFAODMP strategic plan. Funding not used to develop the CAP is available to be used to commence actions within the plan.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Local

- Southern Forest Alcohol and Other Drug Strategic Plan 2016-2018;

- Community Safety & Crime Prevention Plan 2016-2020; and

- Corporate Business Plan 2017-2021 (Strategic theme: Our Community).

National

- National Drug Strategy 2017-2026.

State

- The Western Australian Alcohol and Drug Interagency Strategy 2017-2021

- Strong Spirit Strong Mind - Aboriginal Drug and Alcohol Framework for Western Australia 2017- 2021

Organisational risk management:

Project partners and the broader community may perceive the Shire’s lack of willingness to accept the funds as a lack of support for or commitment to the project. In the longer term this may influence the project’s continuation and broader community buy-in and ultimately the success, or otherwise, of the partnership project.

Financial Implications:

By accepting the grant from ADF the Shire of Manjimup have the ability to create a CAP and deliver activities, which will work towards the prevention of alcohol and other drug related harm across the Shire.

The Shire of Manjimup annually provides funds of $1,000 to the SFAODMP. Apart from these monies the project receives no direct funding.

Sustainability:

Environmental: Nil

Economic: Nil

Social: To be able to apply for future/ongoing funding to implement actions to address community needs, it is a requirement to have a CAP. This project aims to reduce the risks and harms associated with the misuse of alcohol and other drugs.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council amend the 2017/2018 budget under Community Safety and Crime Prevention as per the table below:

Description	Current Budget	Revised Budget	Variation
Grant Revenue - Local Drug Action Team (Australian Govt)	$0	($10,000)	($10,000)
Grant Expenditure – Local Drug and Action Team	$1,000	$11,000	$10,000
Net Rate Funds	$1,000	$0	$0

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Taylor, R

27449

That Council amend the 2017/2018 budget under Community Safety and Crime Prevention as per the table below:

Description	Current Budget	Revised Budget	Variation
Grant Revenue - Local Drug Action Team (Australian Govt)	$0	($10,000)	($10,000)
Grant Expenditure – Local Drug and Action Team	$1,000	$11,000	$10,000
Net Rate Funds	$1,000	$0	$0

CARRIED: 7/0

ATTACHMENT

APPENDIX

9.9.2 Shire of Manjimup Draft Access & Inclusion Plan 2018-2023 - Proposed Release for Public Comment

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Community Services
FILE REFERENCE:	F160026
LEGISLATION:	Disability Services Act 1993
AUTHOR:	Shammara Markotis
DATE OF REPORT:	1/06/2018
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup Draft Access & Inclusion Plan 2018-2023 has been prepared following a presentation to Council during the Information Briefing session on 24 May 2018.

The purpose of this report is to seek Council approval to release the Shire of Manjimup Draft Access & Inclusion Plan 2018-2023 for community and stakeholder comment. The draft Plan is attached.

ATTACHMENT: 9.9.2(1)

Furthermore an annotated copy of the draft Plan is attached to clarify the proposed changes from the 2013-2018 Plan.

ATTACHMENT: 9.9.2(2)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The current Shire of Manjimup Disability Access & Inclusion Plan (2013-2018) expires on 31 July 2018. The current Plan is appended.

APPENDIX: 9.9.2(A)

The draft Plan was developed as a result of the following process:

1. Officer review of the 2013-2018 Plan was undertaken with a focus on streamlining the information included in the Plan and ensuring that the legislative requirements of the Plan have been met. The seven outcomes that are legislated by the Disability Services Act 1993 (WA) have not changed since the last Plan was implemented.

2. A workshop at the Council information briefing session held on 24 May 2018 was undertaken, where feedback was sought in regards to the Plan contents and the strategies that are currently in place to achieve the legislated outcomes.

3. Feedback sought from the Shire of Manjimup Access and Advisory Committee on the current Plan.

4. Shire of Manjimup staff were asked to provide comment on the current Plan, in particular on the Action Plan and the monitoring and measurement of the key performance indicators.

All feedback was collated and considered in the preparation of the draft Plan, with the following key findings:

· The Shire’s holistic approach to access and inclusion is not accurately represented in the current Plan, therefore the outcomes in the Action Plan have been reworded so that they relate to all community members.

· Some key performance indicators required review to ensure they had measurable outcomes.

· The strategies listed in the Action Plan under outcomes 8 and 9 have been incorporated into the outcomes that are legislated under the Act and outcomes 8 and 9 have been removed from the Plan as neither are legislative requirements.

· Minor amendments have been made to the strategies within the Action Plan, in particular to the Directorates who have been delegated responsibility for several of the strategies.

· Updated information from the 2016 Census has been included in the Shire Profile.

STATUTORY ENVIRONMENT:

· Commonwealth Disability Discrimination Act 1992

· Western Australian Equal Opportunity Act 1984

· Western Australian Disability Services Act 1993

· Western Australian Disability Services Regulations 2004

· Building Act 2011

· Building Code of Australia

· Disability (Access to Premises Buildings) Standards 2010, under the Disability Discrimination Act 1992

· Australian Standard 1428 – Design for Access and Mobility

Policy / Strategic Implications:

· Strategic Community Plan – there are a number of community goals and strategies within this Plan that reference access and inclusion.

· Shire of Manjimup Disability Access & Inclusion Plan 2013-2018 (due for review)

· 3.8.1 Access and Inclusion Policy (due for review)

Organisational risk management:

It is requested that this draft Plan be released for public comment as it is imperative that the community has opportunity to provide feedback. The Plan must be lodged with the Disability Services Commission by 31 July 2018. Therefore a 21 day comment period is proposed, ensuring that Council consider the final adoption, in light of the submissions, at its 26 July meeting.

Financial Implications:

There are no additional financial implications for the Shire of Manjimup to conduct the public consultation. Such activities are covered by operational budgets.

However, any new Access & Inclusion Plan adopted by Council may have financial implications. In saying this the cost of delivering outcomes should largely be covered within general operational budgets as planning for access and inclusion should be a standard process.

It is anticipated that community involvement, external grants and alternative funding sources will play a significant role. In saying this, planning for and providing seed funding and supporting resources from Council may be the catalyst needed to progress various strategies.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The public consultation process will provide a meaningful opportunity for our community to participate in setting the strategic direction of the Council in relation to access and inclusion.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council approve the Shire of Manjimup Draft Access & Inclusion Plan 2018-2023 as per attachment 9.9.2(1) for the purpose of consultation over a period of 21 days.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Tapley, D

27450

That Council approve the Shire of Manjimup Draft Access & Inclusion Plan 2018-2023 as per attachment 9.9.2(1) for the purpose of consultation over a period of 21 days.

CARRIED: 7/0

ATTACHMENT

9.13.1 Proposed Shire Road Infrastructure Advisory Committee

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	All
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180208
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	25/05/2018
DECLARATION OF INTEREST:	Nil

Background:

At the information briefing session prior to the ordinary meeting of 24 May 2018, Council discussed establishing a formal committee (of Council) titled the Road Infrastructure Advisory Committee. The purpose of this report is to request Council’s approval to:

· Create the committee;

· Establish the terms of reference; and

· Nominate members of the committee.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In recent years the Shire’s annual allocation on road infrastructure has been in excess of $3,000,000. Annual road infrastructure capital works allocations are primarily determined by the Shire of Manjimup Forward Capital Works Plan which forms an integral part of the Shire of Manjimup Strategic Community Plan and the Shire of Manjimup Corporate Business Plan. Other existing relevant means of informing annual capital works budget allocations include:

· Policy 9.1.14 Road Hierarchy;

· Main Roads Western Australia Regional Road Group’s “Roads 2030 Regional Strategies for Significant Local Government Roads”;

· Asset management plans;

· Shire officer condition reports; and

· Resident and councillor input.

Advisory committees ensure responsible and well informed recommendations are made to Council therefore in addition to elected members, membership should include relevant shire officers. The shire president (or proxy) attends regional road group (RRG) elected members committee meetings; to ensure continuity of representation on relevant committees it is recommended the shire president and proxy are both members of the advisory committee. As such it is recommended the committee be made up as follows:

· Shire President and proxy for RRG elected members committee;

· Three councillors;

· Capital works management team (Works and Services Directorate); and

· Director Business.

The terms of reference will set membership, terms and responsibilities for the committee. It is recommended the committee meet in March and September each year thus allowing for consideration of projects for annual budget setting and for budget reviews and amendments. In addition, the committee should have the ability to hold additional meetings for example to investigate and evaluate urgent road infrastructure matters. The proposed terms of reference are attached.

ATTACHMENT: 9.13.1(1)

STATUTORY ENVIRONMENT:

Local Government Act 1995 enables local governments to form advisory committees of Council.

Policy / Strategic Implications:

The Shire of Manjimup Strategic Community Plan 2017–2027 and Corporate Business Plan 2017-2021 identify relevant themes and strategies. The Forward Capital Works Plan forms an integral part of these plans.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: The committee’s role is to oversee the Shire of Manjimup Forward Capital Works Plan as it relates to infrastructure as well as the annual infrastructure works capital budget.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Make the following appointments to the Shire Road Infrastructure Advisory Committee for the period 14 June 2018 to 19 October 2019;

Cr. Paul Omodei	Councillor and RRG elected member
Cr. Cliff Winfield	Councillor and RRG elected member (proxy)
	Councillor
	Councillor
	Councillor
Mr. Michael Leers	Director Works & Services
Mr. Greg Lockwood	Director Business
Mr. Andrew Johns	Manager Works
Mrs. Catherine Mills	Manager Technical Services

2. Confirm the terms of reference for the Infrastructure Advisory Committee as provided in the attachment 9.13.1 (1) including the nominations contained in point 1 above.

COUNCIL RESOLUTION:

moved: omodei, p SECONDED: Salomone, J

That Council:

1. Make the following appointments to the Shire Road Infrastructure Advisory Committee for the period 14 June 2018 to 19 October 2019;

Cr. Paul Omodei	Councillor and RRG elected member
Cr. Cliff Winfield	Councillor and RRG elected member (proxy)
Cr Murray Ventris	Councillor
Cr Robert Taylor	Councillor
Cr Wendy Eiby	Councillor
Mr. Michael Leers	Director Works & Services
Mr. Greg Lockwood	Director Business
Mr. Andrew Johns	Manager Works
Mrs. Catherine Mills	Manager Technical Services

2. Confirm the terms of reference for the Infrastructure Advisory Committee as provided in the attachment 9.13.1 (1) including the nominations contained in point 1 above.

AMENDED MOTION

moved: Ventris, M SECONDED: Taylor, R

27451

That Councillor Tapley is included as a member of the Infrastructure Advisory Committee.

MOTION carried 6/1

FOR	AGAINST
Cr V Herbert	Cr P Omodei
Cr J Salomone
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield

SUBSTANTIVE MOTION:

Moved: Omodei, P Seconded: Salomone, J

27452

That Council:

1. Make the following appointments to the Shire Road Infrastructure Advisory Committee for the period 14 June 2018 to 19 October 2019;

Cr. Paul Omodei	Councillor and RRG elected member
Cr. Cliff Winfield	Councillor and RRG elected member (proxy)
Cr. Murray Ventris	Councillor
Cr. Robert Taylor	Councillor
Cr. Wendy Eiby	Councillor
Cr Dave Tapley	Councillor
Mr. Michael Leers	Director Works & Services
Mr. Greg Lockwood	Director Business
Mr. Andrew Johns	Manager Works
Mrs. Catherine Mills	Manager Technical Services

2. Confirm the terms of reference for the Infrastructure Advisory Committee as provided in the attachment 9.13.1 (1) including the nominations contained in point 1 above.

CARRIED: 7/0

PROPONENT	G & S Roberts L & L Dick
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 27 Mitchell Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160836
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	1 June 2018
DECLARATION OF INTEREST:	Nil

PROPONENT	BP Australia Pty Ltd
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:	F160794
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	1 June 2018
DECLARATION OF INTEREST:	Nil

PROPONENT	Director of Development & Regulation
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160966
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	5/06/2018
DECLARATION OF INTEREST:	Nil

PROPONENT	Northcliffe Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Northcliffe Town Centre
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160288
LEGISLATION:	Local Government Act 1995
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	31/05/2018
DECLARATION OF INTEREST:	Nil