Minutes of Ordinary Council - 6 September 2018

· I met with Lands Department Officers, with the Chief Executive Officer. As the CEO reported earlier we visited the Manjimup Production Centre, Deanmill, Pemberton and the Warren Health Service, the old Warren District Hospital site.

· We also attended the South West Local Government Association meeting.

· We attended a meeting with Talison Lithium with other Local Governments in the Lower South West. We were briefed on the requirement for housing and also a study that is being done on the feasibility of rail versus road. Interestingly there will be a requirement for 777 job by the year 2022.

· We also met with Adele Farina MLC to discuss local issues.

· I presented an award to the East Manjimup Primary School for the Banners in Terrace competition. East Manjimup Primary School was the winner for the Primary School section, a wonderful achievement.

· We also opened a new Helipad at Manjimup Aerodrome last week. Deputy Shire President Cliff Winfield made a presentation to Max Lefroy for 20 years of service to the Airfield Advisory Committee.

· We had a meeting with South West Health, Department of Lands and Baptiste Care regarding High Dependency Aged Care accommodation on the old hospital site.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr W Eiby

Cr V Herbert

Cr D Jenkins

Cr J Salomone

Cr K Skoss

Cr D Tapley

Cr R Taylor

Cr M Ventris

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Evy Apeldoorn (Acting Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mrs C Mills (Acting Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Gallery

Colin Crombie	Carole Perry
Alana Starkie	Jenny McDonald
Ken Gwynne	Maud Pratt
Yvonne Cash	Peter Pratt
Shane Rudd	Emma Vassallo
Joanne Tatarynowicz	Oona Ormsby

3.1 Apologies: Nil

3.2 Leave Of Absence: Cr Lynn Daubney was granted a Leave of Absence at 16 August, 2018 meeting for this Council meeting.

3.3 Swearing in of Newly Elected Councillors:

Mr Kim Skoss was sworn in as Councillor by Andrew Campbell, Chief Executive Officer.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received Impartiality Declarations from Councillor Winfield for Item 9.3.1 and Councillor Omodei for Item 9.16.1.

Cr Winfield declared that he has an Impartiality Interest in Item 9.3.1 as he is a member of the Middlesex Social Club.

Cr Omodei declared that he has an Impartiality Interest in Item 9.16.1 as his son leases property on Fox Road.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Ken Gwynne – Member of the Northcliffe Community Development Group and Northcliffe Visitor Centre Board.

· I ask Councillors to discuss and approve Northcliffe as an Recreation Vehicle Friendly town.

· Possible to grant an approval for a 3 year trial period.

· After the O’Sullivan fires Blaze Aid came to the town and replaced 4km of fencing and their complaint was that there was no dump point for caravans.

· We satisfied all requirements an RV Friendly town, except for the lack of a Dump Point. The Northcliffe Development Group, including the fire eradication fund and local community groups funded the installation of a Dump Point.

· The Shire needs to sign off on a letter from the Caravan and Motorhome Association for Northcliffe to become recognised as a RV Friendly town.

The Chief Executive Officer responded: CMCA did approach the Shire some time back in relation to RV Friendly status for Northcliffe and officers produced a report to Council, after Community consultation. Council agreed to request Northcliffe be granted RV Friendly status on the basis that affordable accommodation was contained within the existing two facilities that are in close proximity to town. The caravan park on Muirillup Road and Syd’s Camp Ground. When we contacted the CMCA they rejected that claim, on the basis that they wanted free camping. Which is in direct conflict of their rules.

I understand that Councillor Eiby will present Council with a Notice of Motion in relation to overnight camping in the townsite itself. The Motion will not be considered tonight but will come back to Council at the next meeting. Council has already supported RV Friendly, there will be further discussion about overnight stops in the Northcliffe townsite.

5.2.2 – Anne O’Donnell – Northcliffe Community Development Group.

· Mrs O’Donnell read from a prepared statement which is attached.

ATTACHMENT: 5.2.2(1)

The Shire President responded: I understand there will be a Notice of Motion in relation to Dump Points.

We have had a very wet year and because of that roads can’t be graded as they just become a quagmire. I must commend the Acting Works and Services Director for her work in maintaining the roads in the Shire. We just need a few sunny days to dry the roads out and then we can grade them.

In relation to the water issue, we have just prepared the second stage of the South West Blueprint and in that Blueprint the CEO has been instrumental in putting in a proposal for a local water supply for Northcliffe. We have also lobbied the Government to have a decent sized dam in the district. Just in case we have a repetition of the O’Sullivan fire again. We will certainly raise the matter again.

Anne your comments are legitimate, it does seem ridiculous to be carting water all that way. They will argue that it’s cheaper to cart the water than it is to pipe it or to have a water supply.

5.2.3 Sam Karamfiles

· Last summer I addressed Council with regard to the Moore Street development with the asbestos removal issue.

· Contractors were appointed about 6 weeks ago. They haven’t been on site except to procure their equipment and unload. They have been off site the whole time because asbestos has turned up.

· The Shire has the power to control that site through the Environmental Health Officer.

· The Department of Health agrees the removal of asbestos on the site has been dealt with adequately. DoH also noted that Aurora consulted with DoH and that the work was generally of a very high standard. DoH recommended that the site can be classified as decontaminated.

· What is the Shire going to do about it? Where was the Health Officer when it was cleaned up the last time?

The Chief Executive Officer responded: I have had some correspondence with Mr Karamfiles in relation to this matter. The last time you raised this Sam, I did contact the Department of Housing and received a response back that the contractors have only just left because the other approvals are not yet in place.

Yes they have found an additional small pocket of asbestos, for which they have engaged consultants in an attempt to deal with that situation.

In relation to ‘what is the Shire doing about it’ unfortunately the Health Act doesn’t bind the Crown. We have no jurisdiction on that site whatsoever. It’s a site owned by the State, it’s a site being controlled by the State. We have no jurisdiction to be able to respond.

Mr Karamfiles:

· As the custodians of our community, you are our first port of call. We need to act now the clean-up needs to happen while the weather is still wet and fibres aren’t floating in the air.

The Chief Executive Officer responded: There are multiple avenues available to you to take action with the State. The Public Sector Commission is one such avenue, and I can give you the contact details. The other ways are through the Ombudsman and also the opportunity to go through the local member. You could also write to the Minister if you believe that the Department of Housing are being deceptive in this process.

The Shire President responded: We will have a look at this situation and verify what you’ve brought before us today. And if the information is correct we will bring it to the Governments attention.

5.2.4 Yvonne Cash – President of the Northcliffe Pioneer Museum.

· Who gave George Gardiner permission to plant Eastern States trees around the Museum grounds?

The Shire President responded: We don’t know and as it was a long time ago and we can’t ask George Gardiner.

· The Shire agreed that some of the trees should be cut down.

· I organised for someone to cut the trees down and cart them over the railway line and stack them in a pile in the gravel pit.

· Why were we stopped from doing that?

The Chief Executive Officer responded: You weren’t stopped from doing it, it was because it actually forms part of the Rail Reserve. I personally sought approval and was successful in getting approval for the removal of those trees. You would have that in writing.

The Shire President responded: I will take it upon myself to find out why it hasn’t happened yet.

The Chief Executive Officer responded: You will find there is written approval for you to do that. We used our leverage with the Public Transport Authority to get that approval and I’ve corresponded with the Northcliffe Pioneer Museum to say that ‘you’re right to go’. The approval was sent through to you 6 or 8 months ago

5.2.5 – Shane Rudd – Northcliffe Resident.

· I was asked by Yvonne if I was interested in removing those trees. I said yes as it was an easy job. Asked a couple of fallers to give a hand.

· I then had to go to the Shire to sign on as a volunteer to cover us for insurance purposes.

· Council officers stopped us from doing it as we weren’t allowed to dispose of non-native trees in a National Park and he also said we couldn’t do it because we hadn’t been inducted.

· Surely common-sense says that men with our experience shouldn’t require an induction.

The Chief Executive Officer responded: Do you remember who told you needed to be inducted?

Mr Rudd: No.

The Chief Executive Officer responded: I’m a bit disappointed that I didn’t hear about it. If you’d made a phone call at the time we could have sorted it out there and then.

There is no need for a full induction given your experience, but what you do need to be is a volunteer working for us, so that if you fall that tree and it crushes the Museum then we need to have some liability insurance to cover us.

Happy for you revisit it and get the process sorted out and allow it to happen.

5.2.6 Alana Starkie – Late Item 1 Proposed Commencement of Legal Action for Unauthorised Development (Dam) - Location 9340 Piano Gully Road, Middlesex

· I believe there may be an alternative motion with regard to the report to Council. I appreciate the support from several of the Councillors.

· With regard to the legality of the Planning Officer referred to 214 of the Planning Development Act. A written direction must be given to the owner which outlines the breach and what remedial measures are required. The direction must give the owner not less than 60 days to comply with the direction. If they do not makes those changes then the owner may be deemed to have committed an offence.

· A modified penalty of $500 may apply.

· We have not at any stage been issued with a written directive that we may have been in breach of the Planning Policy and given us a minimum of 60 days to remedy the breach.

· The first we heard of it was when we received a letter advising that the Shire would commence legal action against us.

· Within 3 days of the previous Council meeting I initiated an onsite meeting with the Planning Officer Jocelyn Baister.

· 5 days after the meeting I completed a retrospective Planning Application along with the $440 fees.

Director Development and Regulation responded: The fact that a retrospective application is necessary is demonstration of the fact that the work occurred prior to an approval being granted which is an offence under the Act. There is an ability to impose penalty. Yes there are procedures to follow as part of that. Should Council entertain to issue a modify a penalty that would also be followed. And there would also be the right of appeal through the State Administrative Tribunal if that’s the way Council chose to go. There is no recommendation of a modified penalty to be imposed. The additional information has been provided to Councillors in a Memorandum which offers them that option should Council wish to examine it.

5.2.7 Carole Perry – Secretary of Northcliffe Pioneer Museum.

· We’ve not received the letters you’ve been referring to, so they must have gone astray in the mail.

The Chief Executive Officer responded: I will dig through our records and I’ll send you the correspondence I sent to you about 11 months ago. I will dig up the letters giving you approval to remove the trees.

The Shire President acknowledged the presence of former Councillors Shane Rudd, Jenny McDonald, Sam Karamfiles and Colin Crombie in the gallery.

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: Taylor, R Seconded: Herbert, V

27522

That the Minutes of the Ordinary Meeting of the Council held on 16 August 2018 be confirmed.

CARRIED: 10/0

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

9. COUNCIL OFFICERS’ REPORTS:

ATTACHMENT

APPENDIX

9.1.1 Review of Corporate Policy 2.3.13 Risk Management

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160048
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	23 August 2018
DECLARATION OF INTEREST:	Nil

Background:

Council’s Risk Management Policy (the Policy) requires review every two years. A copy of Council’s current Policy is appended.

APPENDIX: 9.1.1(A)

The purpose of the review is to ensure that the content of the Policy is consistent with the current International Organisation of Standardisation (ISO) standard for organisational risk management (ISO 31000:2018). The Policy and Procedures adopted by Council in 2015 refer to ISO Standard 31000:2009, which is now outdated.

Shire Officers have undertaken a review and amended the Policy. A copy of the Policy with the proposed changes is attached.

ATTACHMENT: 9.1.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

ISO 31000 Description

ISO 31000 is a family of standards relating to risk management standardised by the ISO. The general scope of ISO 31000 – as a family of risk management standards – is not developed for a particular industry group, management system or subject matter field, but rather to provide best practice structure and guidance to all organisations concerned with risk management.

Consultation with Local Government Insurance Scheme

As part of the review process, the Policy as adopted by Council in 2015 was sent to the Shire’s insurer, LGIS, for independent assessment and advice. The purpose of this consultation was to ensure that the Shire’s Risk Management documentation is consistent with current organisational risk management practice, and that the Shire’s practices were acceptable to LGIS. LGIS identified minimal amendment to the Policy, which haS been incorporated into the amended Policy. The amendments are listed below.

Amendments to the Policy

The amendments to the Policy are minimal. The Policy has been textually updated to reflect:

· Changes to Shire Officer positions;

· The change from the alignment with ISO Standard 31000:2009 to ISO 31000:2018 as requested by LGIS;

· The incorporation of Risk Management Objectives from the Shire’s adopted Risk Management Framework to ensure consistency between the two documents; and

· The ‘Financial Impact’ section of Appendix A has been modified to better reflect risk to the Shire’s financial position. The financial impact ratings of Moderate, Major and Catastrophic have been adjusted to lower monetary figures, with a ‘Catastrophic’ financial impact to Council now valued at over 1 million dollars rather than 2 million dollars.

Next Steps

The review of the Shire’s suite of strategic risk management documentation has been identified as a priority business activity. It is the intent of Shire Officers to incrementally review each piece of the Shire risk management documentation individually.

Should Council determine to adopt the amended Policy, Shire Officers will then undertake to review the Shire’s Risk Management Procedures. These will be presented to Council at the earliest opportunity.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Regular reviews are undertaken of Local Government operations and policies. This is necessary to provide strategic direction and improve operations.

Strategic Community Plan 2017 – 2027:

Strategy E4 - Develop policy established from well-researched and evidence-based data.

Organisational risk management:

Adoption of the Policy as amended will contribute to the ongoing control and mitigation of risk to the Shire organisation.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the reviewed Corporate Policy 2.3.13 Risk Management as attached at 9.1.1(1).

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Herbert, V

27523

That Council adopt the reviewed Corporate Policy 2.3.13 Risk Management as attached at 9.1.1(1).

CARRIED: 10/0

Councillor Winfield declared an Impartiality Interest in this Item as he is a member of the Middlesex Social Club. Cr Winfield declared that he would consider the matter on its merits and vote accordingly.

APPENDIX

9.3.1 Request from The Middlesex Social Club Inc for Exemption from Rates for Lot 11 (13) Austin Road Middlesex

PROPONENT	The Middlesex Social Club Inc
OWNER	The Middlesex Social Club Inc
LOCATION / ADDRESS:	Lot 11 (13) Austin Road Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Business
FILE REFERENCE:	F160895
LEGISLATION:	Local Government Act 1995
AUTHOR:	Tracy Horn
DATE OF REPORT:	6 August 2018
DECLARATION OF INTEREST:	Nil

Background:

Lot 11 (13) Austin Road Middlesex, has recently been subdivided from the adjoining landowner. As part of the subdivision, the freehold land was transferred to the Middlesex Social Club as owners of the land.

The Middlesex Hall was relocated to its current site on Lot 11 (formerly part of Lot 9394) Middlesex Road, Middlesex in the 1950’s. It was intended by the landowner and local government at the time to excise the portion containing the hall and two tennis courts and vest it in the Manjimup Road Board.

In 1957 the then, Town Planning Board approved a survey to excise the land including the hall and tennis courts, but for unknown reasons this did not proceed. A Shire memorandum from 1997 identifies that the excision was never acted upon.

Negotiation between the landowners, the Middlesex Social Club and the Shire of Manjimup culminated in the landowners generously entering into a deed to gift that portion of land containing the hall and now three, tennis courts adjoining Austin Road to the Middlesex Social Club, rectifying the oversight in the formalisation of land tenure in the 1950’s.

Prior to the subdivision, the owners allowed the club to operate without charging rates or rent. During the process of transferring the ownership of Lot 11 to the Middlesex Social Club, a request was made by the club for 100% concession of rates.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Middlesex Social Club is a small, community based social club involving a wide range of people with similar interests. The hall is available to be hired, at a minimal charge.

The club meets the criteria to receive a concession of rates in accordance with the Shire’s Concession Waiver Policy 4.1.14, which states that:

“A not-for-Profit Community Group is defined as an organisation of people who are formed (including a group that is incorporated under the Associations Incorporations Act) to promote a community or sporting activity which has a positive effect on the community of the Shire of Manjimup.”

APPENDIX: 9.3.1(A)

All other sporting clubs within the Shire which are currently rated, and in most cases, receive a concession, have a licensed area and in these cases the Council’s Rating Policy 4.1.9 states that:

“Clubs with licensed premises

That portion of any Club using a licensed premises is to be rated on a GRV basis, notwithstanding that the Club may be a not for profit organisation, as the licensed activity being carried on is of a similar nature to that commercially available”

APPENDIX: 9.3.1(B)

Other sporting clubs within the Shire which don’t have licensed areas operate generally on Shire land and therefore the land is not rated. Based on the rating and concession/waiver policies, as the whole of the property is used for social activities and has no licensed area, a 100% concession is recommended.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 states:

6.47 Concessions

Subject to the Rates and Charges (Rates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge.

*Absolute majority required.

Policy / Strategic Implications:

Council in the past has granted 100% concession for other sporting clubs with no licensed area, such as the previous Ringbark Tennis Club, who owned the land freehold. The Shire also has a number of sporting clubs which have a lease agreement to use Shire property which is not rated and they are charged minimal lease fees.

Organisational risk management:

If the Middlesex Social Club were required to pay full rates on Lot 11, this charge would then be required to be passed onto the members and in turn may cause a reduction in social involvement and the ability to offer activities.

Financial Implications:

The property is currently minimum rated at $923 for the 2018/19 financial year.

Sustainability:

Environmental: Nil

Economic: As per financial implications.

Social: The club promotes tennis and other social activities within the Shire and offers an opportunity for a range of people to participate.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council grant a 100% concession of rates pursuant to section 6.47 of the Local Government Act 1995 on Lot 11 (13) Austin Road Middlesex whilst the property is being used for a community activity.

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Tapley, D

27524

That Council grant a 100% concession of rates pursuant to section 6.47 of the Local Government Act 1995 on Lot 11 (13) Austin Road Middlesex whilst the property is being used for a community activity.

MOTION carried 9/1

FOR	AGAINST
Cr W Eiby	Cr V Herbert
Cr D Jenkins
Cr P Omodei
Cr J Salomone
Cr K Skoss
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield

ATTACHMENT

9.3.2 Request to Cancel the Basis of GRV Spot Rating for portion of Lot 9893 Muirillup Road, Northcliffe

PROPONENT	Shire of Manjimup
OWNER	Southwest Pastoral Properties Pty Ltd
LOCATION / ADDRESS:	Lot 9893 Muirillup Road, Northcliffe
WARD:	Coastal
ZONE:	Priority Agriculture
DIRECTORATE:	Business
FILE REFERENCE:	F160731
LEGISLATION:	Local Government Act 1995
AUTHOR:	Tracy Horn
DATE OF REPORT:	20 August 2018
DECLARATION OF INTEREST:	Nil

Background:

In August 2018, the attached email was received from the Southwest Pastoral Properties Pty Ltd, owner of Lot 9893 Muirillup Rd Northcliffe, requesting to cancel the Gross Rental Value (GRV) spot rating on the commercial component of the property, and only receive Unimproved Value (UV) rating.

ATTACHMENT: 9.3.2(1)

The property was first GRV spot rated in 2005 as a part of the Councils adopted Rating Policy 4.1.9. At that time the subject property had a café and cellar door operating. The area of the spot rating can be seen on deposited plan 203119, which is attached. The café and cellar door ceased to operate a number of years ago.

ATTACHMENT: 9.3.2(2)

The purpose of this report is to resolve to cancel the GRV spot rating for Lot 9893 Muirillup Road, Northcliffe and to seek approval from the Minister of Local Government to rate the property solely on its UV rating.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The basis of rating is to match the predominant use of the land, and information provided by the owners indicates that the use of the entire lot is for agricultural purposes. The current purpose matches the zoning of Priority Agriculture.

It is therefore recommended that the GRV spot rating be cancelled and be incorporated into the remainder of Lot 9893 as UV rated.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 states

“6.28 Basis of Rates

(2) in determining the method of valuation of land to be used by a local government the Minister is to have regard to the general principle that the basis for a rate on any land is to be

(a) where the land is used predominantly for rural purposes, the unimproved value of the land; and

(b) where the land is used predominantly for non-rural purposes, the gross rental value of the land”

Policy / Strategic Implications:

Changing the basis of rates to be wholly UV is in keeping with the rating policy and the rating of similar properties in the Shire.

Organisational risk management:

Nil

Financial Implications:

Utilising UV for the entire property will more than likely decrease rates levied, depending on the revaluation carried out by the Valuer Generals Office, if the Minister approves this request.

Sustainability:

Environmental: Nil

Economic: As per financial implications of methodologies

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council resolve to cancel the GRV spot rating for Lot 9893 on Deposited Plan 203119/2, Muirillup Road, Northcliffe and to seek approval from the Minister of Local Government to make the change as per Clause 6.28 of the Local Government Act 1995.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27525

CARRIED: 10/0

9.3.3 Proposed Windy Harbour Lease Transfer - Site 14

PROPONENT	B Martyn G, G, D, A Martyn
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 14 Mitchell Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160824
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	24 August 2018
DECLARATION OF INTEREST:	Nil

Background:

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

The lease for Site 14 is registered to Beryl Martyn who has requested a new 20 year lease to be granted to Gregory, Gary, David and Anthony Martyn.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In accordance with Policy 3.4.2 Windy Harbour Lease a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. A general condition assessment for Site 14 was undertaken in 2015 with it being in an overall fair to satisfactory condition.

When the Windy Harbour lease sites were surveyed in 2007, a small outbuilding on Site 14 was identified as encroaching over the boundary of Site 13. Council resolved to note survey issues of various sites at the meeting of 14 June 2007 which included:

2. c) Note the construction of a small outbuilding across the boundary of leases 13 and 14.

5. Encourage leaseholders with shared infrastructure, or infrastructure on other leases to document agreements and register those agreements with the Shire for future reference.

The Shire does not have a record of an agreement between the leaseholders of Sites 13 and 14, therefore a requirement for this is included as a condition in the recommendation.

The current lease has an expiry date of 6 August 2028. A full 20 year lease term has been requested for the new leaseholders.

STATUTORY ENVIRONMENT:

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

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Terminate, by mutual consent, the lease over Site 14 Windy Harbour between the Shire of Manjimup and Beryl Martyn; and

2. Approve a 20 year lease over Site 14 Windy Harbour between the Shire of Manjimup and Gregory Martyn, Gary Martyn, David Martyn and Anthony Martyn, as joint tenants, subject to:

a) an agreement between the leaseholders of Sites 13 and 14 relating to the outbuilding encroachment; and

b) approval of the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Eiby, W

27526

That Council:

1. Terminate, by mutual consent, the lease over Site 14 Windy Harbour between the Shire of Manjimup and Beryl Martyn; and

2. Approve a 20 year lease over Site 14 Windy Harbour between the Shire of Manjimup and Gregory Martyn, Gary Martyn, David Martyn and Anthony Martyn, as joint tenants, subject to:

a) an agreement between the leaseholders of Sites 13 and 14 relating to the outbuilding encroachment; and

b) approval of the Minister for Lands.

CARRIED: 10/0

ATTACHMENT

9.5.1 Reconsideration of Conditional Approval - Proposed Tavern - Lot 10 (1222) Wheatley Coast Road, Quinninup

PROPONENT	Dalott Pty Ltd
OWNER	Dalott Pty Ltd
LOCATION / ADDRESS:	Lot 10 (No. 1222) Wheatley Coast Road, Quinninup
WARD:	East
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/93
LEGISLATION:	Planning and Development Act 2005 Local Planning Scheme No. 4
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	13 August 2018
DECLARATION OF INTEREST:	Nil

Background:

On 17 July 2018, an application for the redevelopment of the Quinninup Tavern was determined under delegated authority. The development included a car parking area which was to be constructed over the boundary of Lot 10 and Lot 21 Wheatley Coast Road, Quinninup. As such a condition was imposed requiring the subdivision/amalgamation of the two lots prior to the commencement of development. The condition was written as follows:

b) Prior to the commencement of any of the approved development, the proponent shall provide details of the new titles issued after having sought and obtained the approval for the subdivision and/or amalgamation of the subject land from the Western Australian Planning Commission and, following registration of the Deposited Plan as being in order for dealing.

ATTACHMENT: 9.5.1(1)

LOCATION PLAN

Clause 10.9 Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) request for reconsideration has been received for Condition (b). The proponent has requested that the timing for the provision of details of the new titles be altered to be ‘prior to occupation’ rather than ‘prior to the commencement of any approved development’.

PUBLIC Consultation Undertaken:

Public consultation is not required for a Clause 10.9 Request for Reconsideration.

COMMENT (Includes Options):

The Shire of Manjimup Local Planning Scheme Clause 10.9 enables applicants that are dissatisfied with a refusal or condition of approval the ability to request the local government in writing to reconsider its decision, without going through the State Administrative Tribunal.

The proponent has submitted their request in accordance with the procedure in Clause 10.9 and the local government shall within 60 days consider the request by either refusing the request and re-affirming the original decision; revoke its original decision and issue a new determination; or delete, amend or replace the condition or conditions subject of the request.

The request for reconsideration relates solely to the wording of Condition (b) and the timing for the subdivision/amalgamation. Given the length of time that subdivision/amalgamations can take, the development would be postponed until such time as new titles were lodged with Landgate. It is considered a reasonable request to allow development to commence during the subdivision/amalgamation process so that both can occur concurrently. Council is not being requested to reconsider any other aspect of the approval, however the approval is attached for context and information.

It should be noted that on 10 August 2018, the Shire of Manjimup received a referral from the Western Australian Planning Commission for the subdivision/amalgamation of the subject land. The referral is currently under assessment.

Conclusion

Given the above comment and to facilitate the development, Shire Officers support the rewording of Condition b) as provided in the Officer Recommendation below.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

The request for reconsideration has been processed in accordance with Clause 10.9 of the Scheme.

A determination in favour of the request to amend Condition (b) will enable the applicant to redevelop a facility sooner that the town site has been without since the destruction of the original Tavern in 2017.

Organisational risk management:

Prior to the issuing of Licence to Occupy, it will need to be confirmed that new titles have been issued.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil

Economic: The Quinninup Tavern is an employment generator and local business.

Social: The Quinninup Tavern will provide a social hub for the local community which was lost due to fire in 2017.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council resolves to amend the wording of Condition (b) of Development Approval 86/2018 (Tavern) over Lot 10 (1222) Wheatley Coast Road, Quinninup as follows:

b) Prior to the occupation of the approved development, the proponent shall provide details of the new titles issued after having sought and obtained the approval for the subdivision and/or amalgamation of the subject land from the Western Australian Planning Commission and, following registration of the Deposited Plan as being in order for dealing.

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Eiby, W

27527

That Council resolves to amend the wording of Condition (b) of Development Approval 86/2018 (Tavern) over Lot 10 (1222) Wheatley Coast Road, Quinninup as follows:

CARRIED: 10/0

ATTACHMENT

9.5.2 Proposed Retrospective Change of Use from a 'Dwelling' to 'Low Impact Tourist Development - Short Stay' at Lot 1 (205) Towie Road, Middlesex

PROPONENT	Mr MR & Mrs TM George
OWNER	Mr MR & Mrs TM George
LOCATION / ADDRESS:	Lot 1 (205) Towie Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/109; P50246
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	13 August 2018
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a proposed retrospective application for a change of use from a ‘Dwelling’ to ‘Low Impact Tourist Development - Short Stay’ at Lot 1 (205) Towie Road, Middlesex. A location plan is shown below.

Location Plan

The subject site has an area of 13.55ha and currently contains a dwelling, separate solar panels, battery shed for the solar panels and a 220,000L water tank. An aerial photograph of the site and development plans are attached.

ATTACHMENT: 9.5.2(1)

During a routine search of internet booking sites it was noted that the dwelling on the subject land was being offered for short stay rental. A search of Shire records confirmed that no approval had been granted for the change of use.

An application for retrospective approval has now been received. The key elements of the proposal are:

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

· The cleaning of the property will be undertaken by two (2) local cleaners;

· No signage is proposed for the Low Impact Tourist Development - Short Stay;

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

· Parking is available for several cars, undercover and surrounding cleared area; and

· Bookings for the Low Impact Tourist Development – Short Stay will be through internet booking sites.

On the Management Plan submitted with the application, it is noted that the applicants will not have a Local Manager to manage the subject property. A condition to be placed on any approval granted by Council that it is a requirement that a Local Manager is nominated and located within 30 minutes of the Low Impact Tourist Development – Short Stay.

The application is referred to Council for determination given the retrospective nature of the application.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) for a 21 day period to all adjoining landowners and the Ward Councillor, with submissions closing 22 August 2018. A sign was placed on the subject property.

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

ATTACHMENT: 9.5.2(2)

COMMENT (Includes Options):

The provisions of the Scheme include the subject land within the Priority Agriculture Zone. To guide Council in its determination of the application the following comments are offered:

Consistency with Zoning

The objectives of the Priority Agriculture Zone as outlined in Clause 4.4.2 of the Scheme are designed to manage and guide land use development and to permit Low Impact - Short Stay proposals where relevant, provided that any impact from any such land uses or development is contained on-site.

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

Land Use Classification

The proposed use is consistent with the Scheme definition of a Low Impact Tourist Accommodation – Short Stay, being of predominately tourist nature which meets the criteria of ‘Low Impact Development’.

Low Impact Development means the use and development of land in such a manner that does not detract from the rural and natural amenity of the locality, and includes the following points:

· Development being located so as to avoid ridge line, escarpments or visually exposed sites and situated where screening vegetation or land form can be utilised;

· Use and development being sensitively located and designed to minimise impact on vegetation, water courses, soils quality and existing land uses;

· Development being of a scale and nature so as to be self-sustaining on the lot, or demonstrating the ability to provide servicing without significant modifications to existing infrastructure;

· Development that by the nature of its scale, design, colours, materials, landscaping and use, has minimal impact on its site and surrounding areas; and

· Where the land use and any development had minimal off-site consequence.

Low Impact – Short Stay is defined in the Scheme as a development of predominately tourist nature which meets the criteria of “Low Impact Development” as discussed above.

The proposal is considered to meet the above requirements as the Low Impact – Short Stay is located to the rear of the property, is surrounded by heavy vegetation and is screened from the landowners on both sides of the subject property.

The dwelling, the subject of the Low Impact – Short Stay has solar panels and also a small shed that houses the solar batteries so the property can be self-sustaining with its own electricity.

The Low Impact – Short Stay is setback 319m from the neighbouring dwelling to the west and 294m to the neighbouring dwelling on the east and will have minimal impact on them and the surrounding area.

Health (Miscellaneous Provisions) Act, 2016

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

Guest Register

The applicant is required to maintain a guest register of all guests and this is to be made available to an authorised officer from the Shire of Manjimup on request. This will be included as a development condition in the event Council determines to approve the application.

Submission

The submission provided by the landowner at Lot 101 (185) Towie Road has raised some concerns regarding the Low Impact Tourist Development – Short Stay application. The concerns raised are that there is no signage as the Airbnb maps shows their dwelling as being the Low Impact Tourist Development – Short Stay and have vehicles driving onto their property at all hours. They have also stated that a guest has been flying a drone over their back yard and this is dangerous as aircraft fly over this area.

The above concerns raised will be passed onto the applicant, as the Shire considers the content of the submission to lack valid material to planning considerations. In the event Council approves the proposal, the applicant will be advised to contact the Shire to assist with directional signage.

Conclusion

The Low Impact Tourist Development – Short Stay at Lot 1 (205) Towie Road, Middlesex conforms to the provisions of the Shire of Manjimup Local Planning Scheme No.4.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

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

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants retrospective planning approval for a Change of Use from a Dwelling to Low Impact Tourist Development – Short Stay at Lot 1 (205) Towie Road, Middlesex (TP104/2018) in accordance with the submitted plans as attached at 9.5.2(1), and subject to the following conditions:

1. The applicant is required to nominate a local manager located within 30 minutes of the Low Impact Tourist Development – Short Stay to the satisfaction of the Shire of Manjimup;

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

3. The Low Impact Tourist Development – Short Stay hereby approved is limited to a maximum of six (6) persons who are known to each other in the premises at any one time to the satisfaction of the Shire of Manjimup;

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

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

6. The Emergency Evacuation Response Plan, including the provision of the Manager’s contact details, is to be displayed in the Low Impact Tourist Development – Short Stay at all times;

7. Two (2) car parking space is to be provided onsite for the use of users of the Low Impact Tourist Development – Short Stay; and

8. Any proposed advertising signage for the Low Impact Tourist Development – Short Stay beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4 will require the further approval of the Shire of Manjimup.

Advises the applicant that:

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

b) The applicant is advised to liaise with the Shire of Manjimup to assist with the provision of directional signage, if required.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Salomone, J

27528

1. The applicant is required to nominate a local manager located within 30 minutes of the Low Impact Tourist Development – Short Stay to the satisfaction of the Shire of Manjimup;

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

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

6. The Emergency Evacuation Response Plan, including the provision of the Manager’s contact details, is to be displayed in the Low Impact Tourist Development – Short Stay at all times;

7. Two (2) car parking space is to be provided onsite for the use of users of the Low Impact Tourist Development – Short Stay; and

Advises the applicant that:

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

b) The applicant is advised to liaise with the Shire of Manjimup to assist with the provision of directional signage, if required.

CARRIED: 10/0

ATTACHMENT

9.5.3 Proposed Development Application - Retrospective Approval - Office and Rural Workers Accommodation - Lot 3 (136) Froome Road, Channybearup

PROPONENT	Mr S A Ipsen
OWNER	Mr G A & Mrs S A Ipsen, Arkenstone Pty Ltd & March Bells Pty Ltd
LOCATION / ADDRESS:	Lot 3 (136) Froome Road, Channybearup
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA18/115 P51515
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	15 August 2018
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is for Council to consider the application for proposed retrospective approval for a 43.2sqm Office and ‘Rural Workers Accommodation’ at Lot 3 (136) Froome Road, Channybearup (subject site).

The subject site is approximately 113.5ha and forms part of an avocado farm with Lot 1 Channybearup Road, Channybearup. Both lots are to the south east of Froome Road and north-west of Channybearup Road.

LOCATION PLAN

In August 2010, Council granted conditional approval for ‘Rural Workers Accommodation’ for a maximum of 12 persons. An application has been received which seeks retrospective approval for additional accommodation for four (4) people, within one transportable, along-side the current approved accommodation, as well as a site office located near the dwelling of the property.

ATTACHMENT: 9.5.3(1)

ATTACHMENT: 9.5.3(2)

It should be noted that a second report is being presented to Council (Agenda Item 9.5.4) seeking approval for a proposed additional eight ‘Rural Workers Accommodation’ units. If approved there will be a total of 24 people on this property.

Additionally, no delegation has been granted to Officers to determine applications for retrospective planning approval.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme), Clause 9.6 and Local Planning Policy 6.1.2 – Advertising of Planning Proposals, for a period of 21 days. No comments have been received.

A submission was received after consultation closed, the submission related to the increase in inexperienced drivers on the road during harvest season, and increased truck movements. Although increase in traffic movements is considered during planning assessment, it is considered that by accommodating the workers on site, daily traffic will be reduced.

The comments regarding inexperienced drivers on the road in not a valid planning consideration. The comments are noted.

ATTACHMENT: 9.5.3(3)

COMMENT (Includes Options):

The provisions of the Scheme include the subject site and the surrounding properties within the Priority Agriculture Zone. The Scheme also identifies that the land is located within Special Control Area 1 relating to the Lefroy Brook Water Catchment Area.

‘Rural Workers Accommodation’ is an ‘A’ land use within the zone. The site/farm managers office is considered an incidental land use to the operations of the farm business and meets the definition of a ‘Home Business’ which is also an ‘A’ land use within the zone.

An ‘A’ land use being that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6.

Development and use of land within the Priority Agriculture Zone is regulated by the provisions of Clause 5.34 of the Scheme. To guide Council’s determination of the application the following comments are offered:

Development Requirements

It has been previously identified (Ordinary Council Meeting 8 February 2018 Item 9.5.1) that the Scheme provisions relating to the Priority Agriculture Zone contain ambiguous statements in respect of accommodation development. Clause 5.34.2.6 (iv) of the Scheme states that regardless of other provisions in the Scheme, the local government will not support 3 or more dwellings on any title/lot regardless of the dwelling type. The Clause includes reference to ‘Rural Workers Accommodation’ as a dwelling type.

As detailed below, the reference to ‘Rural Workers Accommodation’ as a form of dwelling (i.e permanent habitation) in Clause 5.34.2.6(iv) is not correct as the Scheme refers to Rural Workers Accommodation as for short-stay purposes.

Rural Workers Accommodation

Clause 5.34.2.7 of the Scheme states that where a property has been developed for agricultural purposes, ‘Rural Worker’s Accommodation’ is permitted provided it can be demonstrated to the satisfaction of the local government that a demand exists. The local government may approve proposals for such accommodation on the basis that it will be used for short-stay purposes by those workers. The applicant has advised that additional accommodation units will provide the flexibility to attract and retain staff during the harvest period.

It is considered that the application meets the requirements of Clause 5.34.2.7. In the event Council grants development approval, a condition requiring the accommodation to only be used for short stay workers is recommended, to ensure ongoing compliance with the Scheme.

Access to Accommodation

It is reasonable to assume that the workers are accessing the property from the unsealed Froome Road, however the applicant has advised that once the workers are signed in, site access is from Channybearup Road.

Given this application is for retrospective approval for ‘Rural Workers Accommodation’ for 4 persons which are already accessing the property, a condition requiring the upgrading of, or contribution towards the maintenance of Froome Road is not recommended. This is discussed further in the report to Council on the proposed additional eight person’s accommodation (Agenda Item 9.5.4).

Health and Building Requirements

The proposed development will need to meet the requirements of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code to be considered compliant. An appropriate effluent disposal system is required to be installed on site for the development. These aspects will be dealt with at the building permit and Environmental Health approvals stage. An advice note in regard to these aspects will be included on any approval granted by Council. The applicant will be advised to contact the Shire if and when the existing Lodging House registration needs updating.

Water Supply

Although the accommodation units are not classified as dwelling, there will be a need for the landowner to ensure a suitable source of potable water available to service the development. The applicant has advised that a Potable water supply is available from a 200,000L tank.

Site Office

The application also includes a 43.2sqm transportable building with front verandah for use by the site/farm manager. It is considered that this office is incidental to the operation of the farm and is assessed under the Scheme as a building for use as a ‘Home Business’ meaning a business, service or profession carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which –

(a) does not employ more than 2 people not members of the occupier’s household;

(b) will not cause injury to our adversely affect the amenity of the neighbourhood;

(d) does not involve the retail sale, display or hire of goods of any nature;

(e) in relation to vehicles and parking, does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of a vehicle more than 3.5 tonnes tare weight; and

(f) does not involve the use of an essential service of greater capacity than normally required in the zone.

A ‘Home Business’ is an ‘A’ land use in the zoning table. Due process has been followed in terms of advertising in accordance with the Scheme Clause 9.6 and Local Planning Policy 6.1.2 – Advertising of Planning Proposals.

The ‘Home Business’ is considered to meet the provisions of the Scheme, its definitions and Local Planning Policy 6.1.6 – Home Business.

Conclusion

The application for retrospective approval for ‘Rural Workers Accommodation’ and ‘Home Business’ is considered to meet the purpose and objectives of the Scheme provisions. No objections were received during consultation. The application is recommended for approval subject to standard conditions and advice.

STATUTORY ENVIRONMENT:

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

The application is considered to be consistent with the purpose and objectives of the Priority Agriculture Zone in ensuring the preservation of existing agricultural production, and supports the improvement of resource and investment security for agricultural and allied industry production.

Policy / Strategic Implications:

The proposal meets Strategy B4 of The Shire of Manjimup Strategic Community Plan 2017-2012 by supporting sustainable agricultural expansion.

Organisational risk management:

Nil

Financial Implications:

The appropriate application fee has been paid by the proponent.

Sustainability:

Environmental: Nil

Economic: The application if approved, will allow the agricultural activity on the lot to operate in a more efficient manner.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants retrospective approval for ‘Rural Workers Accommodation’ and ‘Home Business’ site managers office at Lot 3 (136) Froome Road, Channybearup subject to the following conditions:

1. The development hereby approved must be carried out generally in accordance with the plans and specifications, as noted on the amended plans, and these shall not be altered and/or modified without prior knowledge and written consent of local government;

Drawing Reference	Document Title	Date Received
1.	Site Plan	25 July 2018
2	Site Plan Office	25 July 2018
3.	Floor Plan Office	25 July 2018
4.	Elevation Office	25 July 2018
5.	Site Plan Accommodation	25 July 2018
6.	Floor Plan Accommodation	25 July 2018
7.	Management Plan	25 July 2018

2. Management and emergency evacuation details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government;

3. The rural workers residing on the property are to be employed in rural activities taking place on that property only;

4. An on-site potable water supply of not less than 135,000 Litres storage capacity or alternative equivalent shall be provided on site and connected to the development and shall thereafter be maintained to the satisfaction of the local government;

5. The Rural Workers Accommodation hereby approved is limited to four (4) people, within one transportable, being a total of 16 people on the property at any one time to the satisfaction of the local government; and

Advises the applicant that:

a) The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services.

b) The current level of construction of Froome Road is provided is an ‘as-is’ considered appropriate to support the proposal and no upgrade of the road will take place to cater for the proposed development;

c) A waste water disposal system acceptable to the Shire of Manjimup and/or the Department of Health shall be installed to the satisfaction of the Shire of Manjimup.

d) Leach drains or soak wells must not be located beneath areas subject to vehicular traffic;

e) That the approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code 2016;

f) The applicant is advised to contact the Shire of Manjimup if and when the existing Lodging House registration requires updating; and

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

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Tapley, D

27529

Drawing Reference	Document Title	Date Received
1.	Site Plan	25 July 2018
2	Site Plan Office	25 July 2018
3.	Floor Plan Office	25 July 2018
4.	Elevation Office	25 July 2018
5.	Site Plan Accommodation	25 July 2018
6.	Floor Plan Accommodation	25 July 2018
7.	Management Plan	25 July 2018

2. Management and emergency evacuation details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government;

3. The rural workers residing on the property are to be employed in rural activities taking place on that property only;

Advises the applicant that:

a) The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services.

c) A waste water disposal system acceptable to the Shire of Manjimup and/or the Department of Health shall be installed to the satisfaction of the Shire of Manjimup.

d) Leach drains or soak wells must not be located beneath areas subject to vehicular traffic;

e) That the approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code 2016;

f) The applicant is advised to contact the Shire of Manjimup if and when the existing Lodging House registration requires updating; and

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

CARRIED: 10/0

ATTACHMENT

9.5.4 Proposed Development Application - Rural Workers Accommodation - Lot 3 (136) Froome Road, Channybearup

PROPONENT	Mr S A Ipsen
OWNER	Mr G A & Mrs S A Ipsen, Arkenstone Pty Ltd & March Bells Pty Ltd
LOCATION / ADDRESS:	Lot 3 (136) Froome Road, Channybearup
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA18/124
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	16 August 2018
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is for Council to consider the application for approval for proposed ‘Rural Workers Accommodation’ at Lot 3 (136) Froome Road, Channybearup (subject site).

The subject site is 113.5ha and forms part of an avocado farm with Lot 1 Channybearup Road, Channybearup. Both lots are to the south east of Froome Road and north-west of Channybearup Road.

LOCATION PLAN

In August 2010, Council granted conditional approval for ‘Rural Workers Accommodation’ for a maximum of 12 persons. An application has been received which seeks approval for additional accommodation for eight (8) people along-side the current approval and within two (2) transportable buildings.

ATTACHMENT: 9.5.4(1)

ATTACHMENT: 9.5.4(2)

It should be noted that a second report (Agenda Item 9.5.3) is being presented to Council seeking retrospective approval for four (4) ‘Rural Workers Accommodation’ units. If approved there will be a total of 24 people on this property.

PUBLIC Consultation Undertaken:

COMMENT (Includes Options):

‘Rural Workers Accommodation’ is an ‘A’ land use within the zone. An ‘A’ land use being that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6.

Development Requirements

Rural Workers Accommodation

Access to Accommodation

It is reasonable to assume that the additional workers will access the property from the unsealed Froome Road, however the applicant has advised that once the workers are signed in, site access is will be from Channybearup Road.

A site inspection of the property and its access from Froome Road was undertaken 21 August 2018, it was noted that Froome Road, is a 3.55km gravel loop road running from Channybearup Rd (West end) to Channybearup Rd (East end). The majority of the road is in reasonable condition apart from some pot-holed sections, Even though it is narrow in sections, the sight lines are good enough to avoid passing oncoming vehicles at these locations.

It is noted that Froome Road has no current capital works planned in the 2018/19 financial year. It has been identified as a potential road to put forward for upgrade through the State Commodity Route Supplementary Funding programme over the years 2019/20 and 2020/21. Applications for funding are currently open however no budget allocation has been guaranteed.

It is recommended that the applicant is advised that Froome Road is provided in an ‘as is’ state.

Health and Building Requirements

The proposed development will need to meet the requirements of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code to be considered compliant. An appropriate effluent disposal system is required to be installed on site for the proposed development. These aspects will be dealt with at the building permit and Environmental Health approvals stage. An advice note in regard to these aspects will be included on any approval granted by Council. The applicant will be advised to contact the Shire if and when the existing Lodging House registration needs updating.

Water Supply

Although the accommodation units are not classified as dwellings, there will be a need for the landowner to ensure a suitable source of potable water is available to service the development. The applicant has advised that a potable water supply is available from a 200,000L tank.

Conclusion

The application for approval for ‘Rural Workers Accommodation’ is considered to meet the purpose and objectives of the Scheme provisions. No objections were received during consultation. The application is recommended for approval subject to standard conditions and advice.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The proposal meets Strategy B4 of The Shire of Manjimup Strategic Community Plan 2017-2017 by supporting sustainable agricultural expansion.

Organisational risk management:

Nil

Financial Implications:

The appropriate application fee has been paid by the proponent.

Sustainability:

Environmental: Nil

Economic: The application if approved, will allow the agricultural activity on the lot to operate in a more efficient manner.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants approval for ‘Rural Workers Accommodation’ at Lot 3 (136) Froome Road, Channybearup subject to the following conditions:

1. The development hereby approved must be carried out generally in accordance with the plans and specifications, as amended, and these shall not be altered and/or modified without prior knowledge and written consent of local government;

Drawing Reference	Document Title	Date Received
1.	Site Plan	25 July 2018
2.	Site Plan Accommodation	25 July 2018
3.	Floor Plan Accommodation	25 July 2018
4.	Management Plan	25 July 2018

2. Management and emergency evacuation details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government;

3. The rural workers residing on the property, are to be employed in rural activities taking place on that property only;

5. The Rural Workers Accommodation hereby approved is limited to eight (8) people, within two transportable, being a total of 24 seasonal workers on the property at any one time to the satisfaction of the local government.

Advises the applicant that:

a) The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services.

c) A waste water disposal system acceptable to the Shire of Manjimup and/or the Department of Health shall be installed to the satisfaction of the Shire of Manjimup.

d) Leach drains or soak wells must not be located beneath areas subject to vehicular traffic;

e) That the approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code 2016;

f) The applicant is advised to contact the Shire of Manjimup if and when the existing Lodging House registration requires updating;

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

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Taylor, R

27530

Drawing Reference	Document Title	Date Received
1.	Site Plan	25 July 2018
2.	Site Plan Accommodation	25 July 2018
3.	Floor Plan Accommodation	25 July 2018
4.	Management Plan	25 July 2018

2. Management and emergency evacuation details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government;

3. The rural workers residing on the property, are to be employed in rural activities taking place on that property only;

Advises the applicant that:

a) The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services.

c) A waste water disposal system acceptable to the Shire of Manjimup and/or the Department of Health shall be installed to the satisfaction of the Shire of Manjimup.

d) Leach drains or soak wells must not be located beneath areas subject to vehicular traffic;

e) That the approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code 2016;

f) The applicant is advised to contact the Shire of Manjimup if and when the existing Lodging House registration requires updating;

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

CARRIED: 10/0

ATTACHMENT

9.9.2 Northcliffe Recreation Grounds Master Plan - Submission for Adoption

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Recreation Grounds, George Gardner Drive, Northcliffe
WARD:	Coastal
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F161125
LEGISLATION:	N.A.
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	23 August 2018
DECLARATION OF INTEREST:	Nil

Background:

The Northcliffe Recreation Grounds Master Plan (the Master Plan) has been developed to guide the future development of the Northcliffe Recreation Grounds.

The purpose of this report is to seek Council approval to adopt the Northcliffe Recreation Grounds Master Plan as attached.

ATTACHMENT: 9.9.2(1)

PUBLIC Consultation Undertaken:

Extensive stakeholder and community consultation was undertaken during multiple stages of the development of the Master Plan, including the Needs Assessment and Feasibility Study for a proposed new amenities building.

Following the adoption of the Needs Assessment, the draft Northcliffe Amenities Building Spatial Requirement Analysis was developed and presented to the Northcliffe Recreation Association (NRA) and sporting clubs for feedback. Upon completion of the aforementioned analysis and several meetings and workshops with Shire officers and NRA representatives, the draft Northcliffe Master Plan was completed and sent to the NRA for review.

COMMENT (Includes Options):

The project commenced with the undertaking of a Needs Assessment which was completed and adopted by Council in June 2016. The Needs Assessment identified the need for a new amenities building, for which a report including spatial requirement analysis, concept plans, and costings was developed by May 2017. The completion of the Master Plan involved investigation by Shire Officers and discussions with NRA representatives to confirm future development of drainage, playing field improvements, and car parking.

The Master Plan determines the priorities and a staged approach for future developments. As such the Master Plan will guide the efforts and investments by the Shire, the local sporting clubs and the wider Northcliffe community. The Master Plan provides opportunities for the parties to secure funding for the future development of these facilities. It is an overarching plan that will inform the Shire’s Corporate Business Plan and ensure key sport and recreation infrastructure projects are shovel ready should funding opportunities become available.

The adoption of this Master Plan has been identified by Council as a priority to enable long term, integrated planning. As a whole the recommendations within the Master Plan will require considerable investment by Council as well as other parties in the longer term. The extent of the financial commitment as well as the period of investment will need to be determined in line with Council priorities and resources.

STATUTORY ENVIRONMENT:

Nil

Policy / Strategic Implications:

Strategic Community Plan 2017-2027: Strategy D2. Assist communities to build and maintain sport and recreation facilities whilst encouraging co-locations, collaborations and resource sharing wherever possible; and

Shire of Manjimup Sport & Recreation Strategic Plan 2014-2024.

Organisational risk management:

The undertaking of a facilities master plan aims to strategically plan future facility developments, including the rationalisation of assets and resources, avoidance of possible duplication of facilities, with the aim to ensure community needs are met in a sustainable way.

Financial Implications:

There are no financial implications of the adoption of the Master Plan.

The realisation of the Master Plan may require considerable municipal, community and other funding investment, in particular the construction of the proposed amenities building (an overview of the costs involved in this can be found in Appendix IV of the Master Plan). However, realisation will occur in stages over a long period of time (10-20+ years). Furthermore some proposed developments will only be realised if specific criteria are met (e.g. population growth or community drive). The Master Plan will inform the costs of future development and the Shire’s Corporate Business Plan.

Sustainability:

Environmental: Nil

Economic: Infrastructure and amenity improvements have the capacity to boost memberships and ultimately sustainability of sporting clubs as well as adding to the appeal for people to reside in Northcliffe and the surrounding region. Furthermore the Master Plan aims to rationalise facility development and to increase sustainability of the facilities.

Social: The upgrade of recreational facilities may have an impact on elevating participation rates, ensuring greater utilisation of amenities and lifting the numbers of people engaged in physical activities. Sporting pursuits play a significant role in the general health and wellbeing of residents within local communities of the Shire.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Adopt the Northcliffe Recreation Grounds Master Plan as per Attachment: 9.9.2(1); and

2. Consider inclusion of the future developments contained in the Master Plan as an informing strategy for the Corporate Business Plan.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

27532

That Council:

1. Adopt the Northcliffe Recreation Grounds Master Plan as per Attachment: 9.9.2(1); and

2. Consider inclusion of the future developments contained in the Master Plan as an informing strategy for the Corporate Business Plan.

CARRIED: 10/0

ATTACHMENT

APPENDIX

9.9.3 Proposed Review of Council Policy 3.8.1 Access and Inclusion

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, Local Government Act 1995
AUTHOR:	Shammara Markotis
DATE OF REPORT:	10 August 2018
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup Access and Inclusion Policy 3.8.1 was adopted by Council on 23 October 2014 and was due for review on 23 October 2017. Additionally, Council adopted the Shire of Manjimup Access and Inclusion Plan 2018-2023 (‘the Plan’) on 26 July 2018 and as such the current policy requires updating in order to reference the current Plan.

A copy of the existing policy is appended.

APPENDIX: 9.9.3(A)

The purpose of this report is to seek Council approval to adopt the updated policy, a copy of which is attached.

ATTACHMENT: 9.9.3(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Access and Inclusion Policy 3.8.1 has the following objectives;

· To provide compliance with the Disability Services Act 1993,

· To guide Council and the Shire to strategically address access and inclusion across the whole of Shire, and

· To recognise Councils obligation to meet relevant statutory requirements and relevant standards.

Upon review, the following amendments, which do not change the overall intent of the policy, are proposed:

· References to the Shire of Manjimup Access and Inclusion Plan 2013-2018 have been amended to refer to the Shire of Manjimup Access and Inclusion Plan 2018-2023,

· The Shire’s responsibilities relating to external developers, and agents and contractors engaged by the Shire have been incorporated under the Legislative Requirements, Standards and Responsibilities subheading as these responsibilities are legislated by the Act,

· Minor edits have been made to the wording of the policy to ensure consistency across the policy and the current Plan, and

· Disability Services Commission (DSC) are now part of the new Department of Communities and references to DSC have been amended accordingly.

STATUTORY ENVIRONMENT:

An Access and Inclusion Plan is a requirement under the following:

· 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:

This report relates specifically to the Shire of Manjimup Disability Access & Inclusion Plan 2018-2023.

The report also relates to many goals and strategies in the Shire of Manjimup Strategic Community Plan 2017-2027 including, but not limited to:

· Community Goal 4.4. Town centres are accessible, attractive and inviting whilst maintaining their unique characters;

· Community Goal 4.7. Community infrastructure planning responds to an ageing demographic and is also inherently dementia and disability friendly;

· Strategy C11. Continue to encourage and support age, dementia and disability-friendly initiatives across all domains of community life; and

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

Organisational risk management:

Whilst it is not a requirement under the Disability Services Act 1993 for local government to have an Access and Inclusion Policy in place, the employment of a policy guides the organisation in relation to its implementation of the Plan.

Financial Implications:

Nil

Sustainability:

Environmental: The policy seeks to maintain outcomes and strategies that will enhance the accessibility of our built environment with little or no impact on the natural environment.

Economic: The policy seeks to maintain outcomes and strategies that will facilitate access to employment and training opportunities within the Shire of Manjimup.

Social: The policy seeks to maintain outcomes and strategies that will significantly enhance access social inclusion outcomes.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopts the amended Policy 3.8.1 - Access and Inclusion Policy as contained in Attachment 9.9.3(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27533

That Council adopts the amended Policy 3.8.1 - Access and Inclusion Policy as contained in Attachment 9.9.3(1).

CARRIED: 10/0

9.9.4 Request Approval to Expend Reserve Funds - Proposed Contribution towards Community Sporting Infrastructure Grant Submission for Upgrade of Rea Park

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Rea Park, Collier Street, Lot 783, Manjimup
WARD:	Central
ZONE:	Reserve for Recreation, Racecourse & Agricultural Showground
DIRECTORATE:	Community Services
FILE REFERENCE:	TBD
LEGISLATION:	Local Government Act (s6:11)
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	23 August 2018
DECLARATION OF INTEREST:	Nil

Background:

A federal grant funding opportunity, the Community Sport Infrastructure Grant Program, for up to $500,000 for sporting infrastructure has recently become available. The Shire is intending to seize this opportunity and is preparing a grant application with the aim to accomplish an overall upgrade of Rea Park, which has been identified as a high priority in several strategic plans of the Shire of Manjimup.

The purpose of this report is to seek Council commitment to contribute $40,000 from the Recreation Ground/Facility Improvement Reserve funds towards the Upgrade of Rea Park project should the above grant application be successful.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Shire’s Sport and Recreation Strategy 2014-2024 identified a need for new/upgraded sporting infrastructure for the towns of Manjimup and Northcliffe, whereas Pemberton and Walpole were determined to be sufficiently catered for in terms of sporting infrastructure. Subsequently master plans were developed for the Manjimup Community Recreation Hub and the Northcliffe Recreation Grounds.

Through the 2018/19 Australian Federal budget, the Australian Sports Commission has been allocated approximately $29 million for the Community Sport Infrastructure Grant Program to improve local community sport infrastructure. The Program supports small to medium scale projects up to $500,000 to improve local community sport infrastructure which will support greater community participation in sport and physical activity and/or offer safer and more inclusive community sporting hubs. Eligible applications will be assessed against three selection criteria being Community Participation, Community Need, and Project Design and Delivery. The timing of the grant, with applications closing on 14 September 2018, means that this matter needs to be dealt with urgently.

To determine the project that fits best with the selection criteria of the Program, an assessment of all projects identified in the Manjimup Community Recreation Hub Master Plan (the Master Plan) was undertaken, which was discussed with the Manjimup Recreation Advisory Committee (MRAC) for their recommendation. The committee chose the project Upgrade to Rea Park as the most suitable project to pursue under this grant program, with the following recommendation to Council:

“Recommend to Council to endorse the Upgrade of Rea Park as the suggested project to submit a grant application for under the Community Sport Infrastructure Grant.”

Following the MRAC meeting, Council was given a brief presentation during the Informal Council Briefing Session on 16 August 2018 by the Manager of Community and Recreation of the projects that were assessed and the recommendation of the MRAC. Furthermore, Council was requested to consider a financial contribution towards this grant application.

The proposed Upgrade of Rea Park would see this sporting precinct transformed, in alignment with the vision as determined in the Master Plan, into a premier level facility catering for high level sporting events, in addition to regular club usage and non-sporting events (e.g. District Agricultural Show). The precinct will also be able to accommodate regional sporting carnivals and competitions that require multiple sporting fields and draw large crowds. Components included in the Upgrade of Rea Park grant application are:

- Upgrade of electrical infrastructure and new floodlighting suitable for state level competition;

- Improvements to playing surface and drainage;

- Improvement to player amenities;

- Construction of tiered spectator seating; and

- Construction of sealed car parking including lighting.

The total project costs are estimated at approximately $550,000. This report is seeking Council’s commitment to contribute $40,000 towards this project. Recent discussions with the Manjimup Tigers Football Club are indicating they will contribute $40,000 in cash and over $20,000 in-kind.

STATUTORY ENVIRONMENT:

Local Government Act 1995 – Reserve accounts (Financial Management, 6.11). The proposed project fits the purpose of the Recreation Ground/Facility Improvement Reserve, stipulated as “for funding the improvement or development of recreation grounds and facilities”.

Policy / Strategic Implications:

Strategic Community Plan 2017-2027:

Strategy D2. Assist communities to build and maintain sport and recreation facilities whilst encouraging co-locations, collaborations and resource sharing wherever possible; and

Strategy D19. Support the development of a state-level sporting facility in the township of Manjimup.

Shire of Manjimup Sport & Recreation Strategic Plan 2014-2024

Manjimup Community Recreation Hub – Needs Assessment and Master Plan

Organisational risk management:

The undertaking of a facilities master plan aims to strategically plan future facility developments, including the rationalisation of assets and resources and avoidance of possible facilities duplication, with the aim to ensure community needs are met in a sustainable way.

Financial Implications:

The proposed expenditure of $40,000 of the Recreation Ground/Facility Improvement Reserve funds will result in a remaining balance of $59,930. In-kind contributions (e.g. project management) towards the project will be covered under the 2018/19 operational budget.

Sustainability:

Environmental: The upgrade of electrical infrastructure and associated upgrade of floodlighting to 200 lux will include the use of smart switching technology and data sharing solutions which will enable the monitoring and control of the lighting in order to negate the possibility of unnecessary usage, wastage and consequent release of greenhouse gas emissions. The use of LEDs to replace the outdated lighting in the player amenities will potentially reduce energy consumption by 80%-90%. The drainage solution on the oval will enable water to be drained to a nearby dam and repurposed for irrigation during the watering months. Dated faucets, shower heads and cisterns in the player amenities will be replaced with water saving solutions.

Economic: Sporting infrastructure and amenity improvements have the capacity to boost memberships and ultimately sustainability of sporting clubs, as well as adding to the local/regional economy and the appeal for people to reside in Manjimup and the surrounding region.

Social: The upgrade of recreational facilities will have a significant impact on elevating participation rates, ensuring greater utilisation of amenities and lifting the numbers of people engaged in physical activities. Sporting pursuits play a significant role in the general health and wellbeing of residents within local communities of the Shire.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council commit to contribute $40,000 from the Recreation Ground/Facility Improvement Reserve fund towards the Upgrade of Rea Park project should the Community Sporting Infrastructure Grant application be successful.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Ventris, M

27534

CARRIED: 10/0

APPENDIX

9.15.1 Annual Review of Shire of Manjimup Management Committees Terms of Reference

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170380; F170372; F170371; F160285
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	23 August 2018
DECLARATION OF INTEREST:	Nil

Background:

As part of the 2017 Compliance Audit Return it was identified that the Shire of Manjimup had not conducted an annual review of its four Management Committees in accordance with the requirements of the Local Government Act 1995.

It was understood by staff that the regular presenting of minutes for Council endorsement that contain a record of decisions made under delegation by each Committee was sufficient but apparently this is not the case and a separate review is required on an annual basis. Previously all of Council’s Committees (Advisory and Management) were individually reviewed on a biannual basis in line with ordinary Council elections.

The purpose of this report is to conduct an annual review of the following Management Committees:

· Airfield Management Committee.

APPENDIX: 9.15.1(A)

· Northcliffe Forest Park Management Committee.

APPENDIX: 9.15.1(B)

· Northcliffe Town Hall Management Committee.

APPENDIX: 9.15.1(C)

· Manjimup Agricultural Expansion Project Management Committee.

APPENDIX: 9.15.1(D)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Terms of Reference for Council’s Management Committees as contained within the appendices outline the purpose of each Committee including the extent of the delegation from Council and the membership.

Council and staff have not expressed any concern regarding the membership or the delegated responsibilities of any of the Management Committees since the creation of the Committees on 26 October 2017. As a consequence it is recommended that Council simply acknowledge that the Management Committees are established and operating within powers conferred by Council.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 allows for the establishment of Management Committees and also requires the review of those Committees on an annual basis.

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council acknowledge that the following Management Committees have been reviewed in 2018, and are established and operating in accordance with their approved Terms of Reference:

· Airfield Management Committee.

APPENDIX: 9.15.1(A)

· Northcliffe Forest Park Management Committee.

APPENDIX: 9.15.1(B)

· Northcliffe Town Hall Management Committee.

APPENDIX: 9.15.1(C)

· Manjimup Agricultural Expansion Project Management Committee.

APPENDIX: 9.15.1(D)

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

27535

That Council acknowledge that the following Management Committees have been reviewed in 2018, and are established and operating in accordance with their approved Terms of Reference:

· Airfield Management Committee.

APPENDIX: 9.15.1(A)

· Northcliffe Forest Park Management Committee.

APPENDIX: 9.15.1(B)

· Northcliffe Town Hall Management Committee.

APPENDIX: 9.15.1(C)

· Manjimup Agricultural Expansion Project Management Committee.

APPENDIX: 9.15.1(D)

CARRIED: 10/0

Councillor Omodei declared an Impartiality Interest in this Item as his son leases property on Fox Road. Cr Omodei declared that he would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.16.1 Minutes of the Road Infrastructure Advisory Committee Meeting, 8 August 2018

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180208
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers; Catherine Scollan
DATE OF REPORT:	14 August 2018
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to request Council consider the minutes of the Road Infrastructure Advisory Committee meeting held on 8 August 2018. A copy of the minutes are attached.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Only one Committee recommendation required Council’s consideration. The Committee reviewed suitable options for some of the Shire roads to be further investigated for inclusion in the Commodity Route Supplementary Fund (CRSF) projects to be submitted to Main Roads WA for funding in the 2019/20 and 2020/21 financial years.

Standing Orders were suspended for a period of time during the meeting in which Councillors and Officers discussed issues relating to this particular road grant funding.

Committee Recommendation	Officer’s Comment
That the Committee confirm Froome Road, Golf Links Road (unsealed section), Grays Road, Fox Road and Springdale Road as proposed CRSF projects to be submitted to Main Roads WA.	Supported.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Shire of Manjimup Long Term Financial Plan.
Council Policy 9.1.14 Road Hierarchy.

Organisational risk management:

The Road Infrastructure Advisory Committee reduces risk to the organisation by meeting to ensure effective planning, budgeting and works are undertaken for the Shire’s road infrastructure.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive the minutes of the Road Infrastructure Advisory Committee meeting held on 8 August 2018, as per Attachment 9.16.1(1); and

2. Endorse Froome Road, Golf Links Road (unsealed section), Grays Road, Fox Road and Springdale Road as proposed CRSF projects to be submitted to Main Roads WA for funding in the 2019/20 nad 2020/21 financial years.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27536

That Council:

1. Receive the minutes of the Road Infrastructure Advisory Committee meeting held on 8 August 2018, as per Attachment 9.16.1(1); and

CARRIED: 10/0

ATTACHMENT

APPENDIX

9.16.2 Consideration of Appointment of Councillor Kim Skoss to the Audit Committee, Plant Replacement Committee and Manjimup Timber and Heritage Park Advisory Committee

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F170379; F170453; F170382
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	23 August 2018
DECLARATION OF INTEREST:	Nil

Background:

Councillor Dean Bavich advised at the Council meeting held 3 May 2018 that he would be resigning from his position of North Ward Councillor effective 4 May 2018. Councillor Bavich’s term was due for expiry on 19 October 2019. At the Council meeting 24 May 2018 Council resolved to conduct an extraordinary election by postal vote concluding on 17 August 2018. The outcome of the election was that Mr Kim Skoss was elected to the position of North Ward Councillor with a term until 19 October 2019.

Former Councillor Bavich was a member of the following committees of Council:

· Audit Advisory Committee as per APPENDIX: 9.16.2(A);

· Plant Replacement Committee as per APPENDIX: 9.16.2(B); and

· Manjimup Timber and Heritage Park Advisory Committee as per APPENDIX: 9.16.2(C).

During the induction of Mr Skoss by the Chief Executive Officer, prior to the swearing in to become a Councillor at the Council meeting held 6 September 2018, Mr Skoss expressed an interest in taking over former Councillor Bavich’s committee commitments. The purpose of this item is to formalise these arrangements.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Under the provisions of the Local Government Act 1995 every Councillor is entitled to be a member of at least one Council committee. Given that Mr Skoss has already expressed an interest in being a member of the three committees to replace former Councillor Bavich, it is logical for Council to ratify the appointments.

The proposed updated Terms of Reference for the Audit Advisory Committee are attached.

ATTACHMENT: 9.16.2 (1)

The proposed updated Terms of Reference for the Plant Replacement Committee are attached.

ATTACHMENT: 9.16.2 (2)

The proposed updated Terms of Reference for the Manjimup Timber and Heritage Park Advisory Committee are attached.

ATTACHMENT: 9.16.2 (3)

STATUTORY ENVIRONMENT:

Local Government Act 1995 allows the formation of Council committees and guides the process for the conduct in those committees.

Policy / Strategic Implications:

Under the provisions of the Local Government Act 1995 every Councillor is entitled to be a member of at least one Council committee.

Organisational risk management:

Nil

Financial Implications:

There are no material financial implications associated with this item.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council appoint Councillor Kim Skoss:

1) to the Audit Advisory Committee in accordance with updated the Terms of Reference in Attachment: 9.16.2(1);

2) to the Plant Replacement Committee in accordance with the updated Terms of Reference in Attachment: 9.16.2(2); and

3) to the Manjimup Timber and Heritage Park Advisory Committee in accordance with the updated Terms of Reference in Attachment: 9.16.2(3).

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Herbert, V

27537

That Council appoint Councillor Kim Skoss:

1) to the Audit Advisory Committee in accordance with updated the Terms of Reference in Attachment: 9.16.2(1);

2) to the Plant Replacement Committee in accordance with the updated Terms of Reference in Attachment: 9.16.2(2); and

3) to the Manjimup Timber and Heritage Park Advisory Committee in accordance with the updated Terms of Reference in Attachment: 9.16.2(3).

CARRIED: 10/0

ATTACHMENT

9.16.3 Unconfirmed Meeting Minutes of the Manjimup Recreation Advisory Committee Meeting Held 13 August 2018

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F160038
LEGISLATION:	Local Government Act 1995
AUTHOR:	Shammara Markotis
DATE OF REPORT:	22 August 2018
DECLARATION OF INTEREST:	Nil

Background:

The unconfirmed meeting minutes of the Manjimup Recreation Advisory Committee (MRAC) meeting held on 13 August 2018 are attached.

ATTACHMENT: 9.16.3 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

A federal grant funding opportunity (the Community Sport Infrastructure Grant Program) for up to $500,000 for sporting infrastructure has recently opened. The Shire is intending to seize this opportunity to accomplish some of the projects that have been identified in the Shire’s sport and recreation master plans. The timing of the grant, with applications closing on 14 September 2018, means that this matter needs to be dealt with urgently. To determine the project that fits best within the scope of the grant an assessment of all identified projects was undertaken and discussed with the MRAC for their recommendation. The committee chose the project Upgrade to Rea Park as the most suitable project to pursue under this grant program, with the following recommendation to Council:

“Recommend to Council to endorse the Upgrade of Rea Park as the suggested project to submit a grant application for under the Community Sport Infrastructure Grant.”

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Shire of Manjimup Sport & Recreation Strategic Plan 2014-2024

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Acknowledging the contribution of sporting clubs and community members in the sustainable development of community sport and recreational facilities.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

1. That Council receive the unconfirmed meeting notes of the Manjimup Recreation Advisory Committee meeting held 13 August 2018 as per Attachment 9.16.3.(1).

2. That Council endorse the Upgrade of Rea Park as the suggested project to submit a grant application for under the Community Sport Infrastructure Grant.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Salomone, J

27538

1. That Council receive the unconfirmed meeting notes of the Manjimup Recreation Advisory Committee meeting held 13 August 2018 as per Attachment 9.16.3.(1).

2. That Council endorse the Upgrade of Rea Park as the suggested project to submit a grant application for under the Community Sport Infrastructure Grant.

CARRIED: 10/0

10. LATE REPORTS

ATTACHMENT

L.1 Proposed Commencement of Legal Action for Unauthorised Development (Dam) - Location 9340 Piano Gully Road, Middlesex

PROPONENT	Mr P C & Mrs A Starkie
OWNER	Mr P C & Mrs A Starkie
LOCATION / ADDRESS:	Lot 9340 Piano Gully Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/269 & P52325
LEGISLATION:	Planning & Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	24 August 2018
DECLARATION OF INTEREST:	Nil

At its Ordinary Meeting held on 16 August 2018, Council resolved to defer consideration of the following item to the next agenda. The item is now presented as appeared within the 16 August 2018 agenda for elected members further consideration.

Background:

Council is requested to consider commencing legal action against the owners of Lot 9340 Piano Gully Road, Middlesex (the subject land) for a breach of the provisions of Local Planning Scheme No.4.

The subject land is 33ha, situated on the southern side of Piano Gully Road and is located within the Priority Agriculture zone. The Department of Primary Industries & Regional Development (Agriculture & Food) share the eastern boundary with the subject land. A location plan is shown below.

LOCATION PLAN:

In October 2016, Council conditionally approved the construction of a dam in the south-east corner of the subject land with reduced setbacks of 5m.

Subsequently in November 2017 an application was received for a second dam in the north-east corner of the land, also with 5m setbacks to the eastern and the northern (road) boundaries. A copy of the application, as submitted, is shown attached.

ATTACHMENT: L.1(1)

The application was considered to be incomplete, with additional information and payment of the application fee required in order to undertake a planning assessment. Despite attempts to obtain this information from the owners of the subject land, the information remains outstanding. A summary of the correspondence is provided below.

Date	Description of contact	Method of contact
17 January 2018	Letter seeking information	Letter
13 March 2018	Letter seeking information	Email
26 April 2018	Letter seeking information	Letter

Despite no response being provided to the Shire, a site inspection undertaken in May 2018 identified that the applicant had proceeded with the development of the dam in the proposed location, as evident in the attached site photographs taken in May 2018.

ATTACHMENT: L.1(2)

Correspondence has now been forwarded to the landowners, requesting a retrospective application to now be lodged. In the interim, Council is requested to consider commencing legal action for a breach against the provisions of Local Planning Scheme No. 4 (the Scheme). Further discussion regarding the identified breaches are provided in the comment section below.

PUBLIC Consultation Undertaken:

As the application is not considered complete, Shire Officers have been unable to advertise the proposed setback relaxation in accordance with clause 9.5 of the Local Planning Scheme No 4.

COMMENT (Includes Options):

The subject land is zoned Priority Agriculture under Local Planning Scheme No 4 (the Scheme). The purpose of this zone is to provide high quality agricultural land, particularly where water resources exist, preserving existing agricultural production and allowing for new agricultural production by securing suitable land and water resources.

The Scheme objectives for this zone reinforce the requirement for the protection of rural activities.

The Scheme clause 8.4(xxiv(b)) and Local Planning Policy 6.1.11 - Rural Land Use (LPP 6.1.11), exempts dams from requiring planning approval in Priority Agriculture and General Agriculture zones where the lower edge of the dam wall, and any other part of the dam including the dam water is further that 20m from the property boundaries.

As the subject dam is setback 5m from the external boundaries, the Shires prior development approval was required, but was not obtained.

STATUTORY ENVIRONMENT:

In accordance with Part 8 – Development of Land of the Scheme, the Shire’s prior planning approval is required to be obtained unless the development is identified as ‘Permitted Development” under clause 8.4. Given that the subject dam was constructed without a valid approval, the works have been undertaken in breach of Part 8 of the Scheme.

Having regard to the following matters, it is recommended that legal action be commenced for a breach of the Scheme:

a) The landowners have previously applied for and were granted approval to a dam with a reduced setback in October 2016;

b) The owners are clearly aware of the need to obtain approval to the reduced setback having lodged the application for development approval; and

c) The owners were aware of the Shires request for additional information, but failed to respond to three written requests for the information to be supplied.

It is noted that should Council resolve to take legal action, this will not impede the Shire’s ability to consider a complete application for retrospective approval of the development in accordance with clause 8.6 of the Scheme.

Policy / Strategic Implications:

Nil.

Organisational risk management:

There has been a noticeable increase in the level of unauthorised development within the Shire. This has been reflected in the number of applications referred to Council for retrospective approval. It is considered that to ignore unauthorised development could set an undesirable precedence and unrealistic expectations within the community.

Financial Implications:

Any costs associated with legal action for a breach of Local Planning Scheme No. 4, can be sourced from within the Shire’s annual adopted budget the awarding of costs with be sought should the legal action be successful.

Sustainability:

Environmental: No vegetation has been removed as a result of the works undertaken.

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Authorise the Chief Executive Officer to proceed with legal action against the owners of Lot 9340 Piano Gully Road, Middlesex for a breach of Local Planning Scheme No. 4 in respect of the unauthorised development of a dam, the application for development approval being incomplete; and

2. Await a further agenda item in respect of a retrospective application for the unauthorised dam works.

Moved: Jenkins, D Seconded: Herbert, V

That Council:

1. Authorise the Chief Executive Officer to proceed modified penalty of $500 against the owners of Lot 9340 Piano Gully Road, Middlesex for a breach of Local Planning Scheme No. 4 in respect of the unauthorised development of a dam, the application for development approval being incomplete; and

2. Await a further agenda item in respect of a retrospective application for the unauthorised dam works.

MOTION lost 4/6

FOR	AGAINST
Cr W Eiby	Cr P Omodei
Cr V Herbert	Cr K Skoss
Cr D Jenkins	Cr D Tapley
Cr J Salomone	Cr R Taylor
	Cr M Ventris
	Cr C Winfield

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Tapley, D

27539

That Council:

1. Resolves to not proceed with legal action against the owners of Lot 9340 Piano Gully Road, Middlesex for a breach of Local Planning Scheme No. 4 in respect of the unauthorised development of a dam; and

2. Given the receipt by the Shire of Manjimup of a complete application, await a further agenda item in respect of a retrospective application for the unauthorised am works.

MOTION carried 6/4

FOR	AGAINST
Cr K Skoss	Cr W Eiby
Cr P Omodei	Cr V Herbert
Cr D Tapley	Cr D Jenkins
Cr R Taylor	Cr J Salomone
Cr M Ventris
Cr C Winfield

Reasons:

· It is considered that the low level of risk associated with the size and scale of this dam,

· does not justify any prosecution greater than the penalty imposed on application, and

· it would be ill advised to use this development as an example.

PROPONENT	Director Community Services
OWNER	Whole of Shire
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F160966
LEGISLATION:	Nil
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	30/05/2018
DECLARATION OF INTEREST:	Nil