Minutes of Ordinary Council

Carl Cardaci	Brad Wren
Lara Vesela	Mike Smith
Lukas Vesely	Bec Whittaker
Clint Back	Mallee Whittaker
Lesley Devlin	Paul Buegge
John Gaunt	Andrew Tempra
Don Box	John Kilrain
Matthew Della Franca	Ross Buegge
Mary Nixon	Donelle Buegge
Brendan Liddelow	Ros Bachos
Sam Karamfiles	John Bachos
David Giblett	Nancy Giblett
Robert Dimitriou	Keri-Anne Dimitriou
Stephen Scarrott	Ros Knowling
James Hunter	Garry Kilrain
Carol Daws	Brian Vallentine
Brendan Foley	Phil Gravett
Lorraine Brinkman	Noelle Della Franca
Jamie Nicolaou	Emma Marocchi
Paul Tempra	Jan Mills
Arthur Mills	Bevan Hall
Mike Sim	John Sebire
Joy Head	Judy Goldfinch
Jamie Collins	Troy Della Franca
Dean French	Tony Fontanini
David Stewart	Alan Lloyd

Media

Tari Jeffers

3.1 Apologies: Nil

3.2 Leave Of Absence:

Councillor Jayde Salomone was granted a Leave of Absence at the 27 September 2018 meeting for this Council meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received Financial Interest Declarations from Councillors Taylor, Daubney, Eiby, Tapley, Winfield and Jenkins and Impartiality Interest Declarations from Councillors Skoss and Taylor.

Councillor Taylor declared a Financial Interest in Item 9.12.1 as he is the Leaseholder of Site 239 Windy Harbour and an Impartiality Interest in Item 9.1.1 as he is the owner of property on Rapoff Road, West Manjimup.

Councillor Daubney declared a Financial Interest in Item 9.12.1 as she is the Leaseholder of Site 114 Windy Harbour.

Councillor Eiby declared a Financial Interest in Item 9.9.1 as she is the Manager for the Northcliffe Visitor Centre and this item relates to Visitor Centre funding.

Councillor Tapley declared a Financial Interest in Item 9.5.2 as he is the owner of Lot 5 Angove Road, North Walpole.

Councillor Winfield declared a Financial Interest in Item 9.1.1 as he is the owner of a spring fed dam.

Councillor Jenkins declared a Financial Interest in Item 9.1.1 as her partner has spring fed dam on his property.

Councillor Skoss declared an Impartiality Interest in Item 9.1.1 as he has a licensed dam subject to DWER approval.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Sam Karamfiles – Community Member.

· We’ve received all the timber for the Tobacco Kiln project.

· An anonymous donor has supplied all the timber required for the project from their own pocket.

· I am pleased the community is here to hear the announcement, and we will be calling for volunteers to do a community build.

· We will do it over 2 weekends.

· Do the concrete, wet work and the trades on one weekend and the remaining build on the following weekend.

5.2.2 Mary Nixon – Manjimup.

· Make comment regarding the availability of the Agenda to the public. Last week the attachments weren’t available at the end of each Agenda Item.

· The Town Centre Parking Strategy has been advertised, it is to have a 21 day comment period. The dates are incorrect and are not 21 days.

· The Strategy wasn’t available until this week.

The Chief Executive Officer responded: We have had some problems with our electronic InfoCouncil system. You did notify our staff by email and they addressed the matter and we still had some issues. The Agenda is available to read at the Shire office and at the Libraries in hard copy.

Director Development and Regulation responded: Ms Nixon made me aware of the issue yesterday. There is an advert being arranged for the paper next week and will extend the dates ensuring there is a 21 day period to view the Strategy. We will make sure the information is reflected on the website and that the attachments are there.

5.2.3 Paul Tempra – Item 9.1.2 Request for Letter of Support – Southern Forests Irrigation Scheme.

· Is that Item still on the Agenda?

The Chief Executive Officer responded: That Agenda Item has been withdrawn by the applicant, so it will not be considered by Council this evening.

· What is the process for an Item to be withdrawn, is there correspondence to that effect?

The Chief Executive Officer responded: Yes, I was notified last night at 10pm last night, by the Chair of the Southern Forests Irrigation Scheme Co-operative.

· Can it be done by a phone call or does it need to be in writing.

The Chief Executive Officer responded: Yes, it needs to be in writing. It was done last night by email at 10pm and it will be recorded in our normal record system.

5.2.4 Jamie Nicolaou - Item 9.1.1 – Consideration of Discussion Paper on Cost recovery for the Department of Water and Environmental Regulation.

· Wanting some clarification on the Shire’s standing on spring water rights? Is Council going to recommend to DWER that they should be licencing spring fed dams as well?

The Shire President responded: No, that is not the intention of Council at all. Council will deliberate on the issue before us on cost recovery. It is well known that spring fed water is a right, under the Rights and Water Irrigation Act. If that is to change then it is in the domain of Department of Water and Environmental Regulation.

The Chief Executive Officer responded: Council will consider the Item in the context of the Officer’s Recommendation. Unless Council adds that item to the recommendation, then only the Officer’s Recommendation will be considered as part of that proposal.

5.2.5 John Gaunt – Chair of the Pemberton Visitor Centre.

· Mr Gaunt read from a prepared statement as attached.

ATTACHMENT: 5.2.5(1)

5.2.6 – John Kilrain – Southern Forests Irrigation Scheme.

· Can we be assured that the Southern Forests Irrigation Scheme won’t receive a letter of support, without it coming back as an Agenda Item?

· We would like to see that the Council and staff aren’t actively supporting the project until you’ve made a decision?

The Shire President responded: It’s a hypothetical question, until such time as there is a question raised about a letter of support the status quo remains. There is no secret that the Council has been supportive of the scheme going right back to our Strategic Plan, South West Blue Print, Community Development Plan. What form the Scheme takes is another issue. The proponents for the Scheme will go through the proper environmental approvals. The federal Environmental Protection Biodiversity and Conservation Act, also the Environmental Protection Act. There will also be the issue of compensation for the land that’s cleared. All of those things will have be done before it can go ahead. Plus funding for the Scheme.

· Surely there will be a public consultation process to get it out in the open?

The Shire President responded: the Council is elected by the people to represent the community and they will make the decision to the best of their knowledge.

The Chief Executive Officer responded: The Strategic Community Development Plan and the Corporate Business Plan are two of the most heavily consulted documents that the Shire has. They undergo a four year major review and a two year minor review. They are very heavily consulted and they contain a lot of issues applicable to the district.

5.2.7 Gary Kilrain - 9.1.2 Request for Letter of Support – Southern Forests Irrigation Scheme.

· Keri-Anne Dimitriou read a text sent from Russell Delroy as attached.

ATTACHMENT: 5.2.7(1)

6. PRESENTATIONS:

6.1 Petitions

6.1.1 A compliant Petition requesting assistance in the process to see Kimber Road sealed has been received. There will be a report back to Council about the matter at a future meeting.

6.1.2 A second Petition in relation to Item 9.5.6 Development Application – Change of Use from Holiday Accommodation (Chalets) to Use not Listed (Health Centre) – Lot 1 (21) Roberts Road, Yeagarup, was received, however as it was addressed to the Chief Executive Officer and not the Shire President it is not a compliant petition. The contact person has been advised. It is now being treated as a submission and has been circulated to all Councillors.

6.2 Presentations

6.2.1 A Citizenship Ceremony was held for Ms Verity Luff. The Shire President congratulated Ms Luff on behalf of Councillors and Staff.

6.3 Deputations

6.3.1 A Deputation was received from Brendan Foley of Lavan Legal on behalf of Cyrenian House for consideration of Item 9.5.6 by the Shire of Manjimup.

ATTACHMENT 6.3.1 (1)

6.3.2 A Deputation was received from Marilyn Morgan on behalf of residents in the vicinity of Roberts Road, Pemberton, for consideration of Item 9.5.6 by the Shire of Manjimup.

ATTACHMENT: 6.3.2(1)

6.4 Delegates’ reports:

6.4.1 Councillor Paul Omodei presented a report on his recent visitor to Canberra on behalf of the Shire of Manjimup.

ATTACHMENT: 6.4.1(1)

6.5 Conference reports: Nil.

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Taylor, R

27573

That the Minutes of the Ordinary Meeting of the Council held on 27 September 2018 be confirmed.

CARRIED: 10/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Tapley, D

27574

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 110 of the Agenda with the exception of:

CARRIED: 10/0

9.1.1	Consideration of Discussion Paper on Cost Recovery for the Department of Water and Environmental Regulation
9.5.2	Request for Extension to Development Approval on Lot 5 (380) Angove Road, North Walpole
9.5.3	Reconsideration of Conditional Approval - Proposed Additions to Existing Workshop (Lean-to) - Lot 475 Wetherell Street, Manjimup
9.5.6	Development Application - Change of Use from Holiday Accommodation (Chalets) to Use not Listed (Health Centre) - Lot 1 (21) Roberts Road, Yeagarup
9.5.7	Development Application - Proposed Change of Use from Shop (Cottage Industry) to Holiday Accommodation (Holiday House) at Lot 65 (226) Plackett Drive, Pemberton
9.8.1	Proposed Overnight Camping at Rea Park Manjimup for the Finale of a Community Fundraising Event on 27 October 2018
9.8.2	Request for Council to Consider an Overflow Camping Site for Campers Over the 2018 Cherry Harmony Festival Weekend 7-9 December 2018
9.9.1	Proposed Budget Amendment and Endorsement of Marketing Promotional Plan 2018 - 2019
9.12.1	Proposed Installation of a Stop Sign on Windy Harbour Road
9.16.1	Minutes of the Manjimup Heritage Park Advisory Committee Meeting Held on 11 September 2018
9.16.2	Minutes of the Walpole Town Centre Revitalisation Committee Meeting held on 18 September 2018

Items passed by En Bloc Resolution

9.3.1 Monthly Financial Activity Statement - August 2018

9.3.2 Proposed Windy Harbour Lease Transfer - Site 11

9.3.3 Proposed Windy Harbour Lease Transfer - Site 218

9.3.4 Proposed Lease to Warren Art and Craft Group Inc - Reserve 19552

9.5.1 Delegated Planning Decisions for September 2018

9.5.4 Application for Retrospective Development Approval for Change of Use from Dwelling to Holiday House - Lot 80 (6) Pine Street, Pemberton

9.5.5 Application for Retrospective Development Approval for Change of Use from Dwelling to Holiday House - Lot 79 (8) Pine Street, Pemberton

9.5.8 Proposed Advertisement (Pylon Sign) at Lot 500 Mottram Street, Manjimup

9.5.9 Proposed Change of Use - No 91 (Lot 501) Mottram Street, Manjimup

9.15.1 Minutes of the Manjimup Agricultural Expansion Project Management Committee Meeting 18 September 2018

9.15.2 Minutes of the Airfield Management Committee Meeting held 12 September 2018

ITEM WITHDRAWN BY THE PROPONENT PRIOR TO MEETING.

9.1.2

Request for Letter of Support - Southern Forests Irrigation Scheme

ATTACHMENT

9.3.1 Monthly Financial Activity Statement - August 2018

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160188
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	13 September 2018
DECLARATION OF INTEREST:	Nil

Background:

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

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

The Financial Activity Statement report for the period to 31 August 2018 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.1 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 August 2018 is a projected neutral end of year position.

The neutral end of year projection is based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under expenditure in other areas as the Shire progresses through the financial year.

One of the key processes after the budget adoption is the raising and distribution of Rates Notices to ratepayers throughout the Shire. Rates were raised and began circulation on the 10 August 2018.

At the time of the due date 14 September 2018 $6,666,181 had been received, a very similar amount at the same time last year. Below is a snapshot of the payment methods chosen by Rate Payers:

• Paid in Full - 54.2%

• Paid 1st Instalment Option - 39%

• On Payment Individualised Plan – 2.2%

• No Payment/Contact Received – 4.6%

Those ratepayers that did not make any payment or have not contacted the Shire’s Rates Officer to make a payment plan were issued with a Final Notice which were sent out on 28 September 2018.

Other than the increase in the Financial Assistance Grant and Storm Damage accounts detailed in the July 2018 Monthly Activity Statement there has been no other items of concern to come from August 2018 operating activity, and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2019.

STATUTORY ENVIRONMENT:

Section 6.8 Local Government Act and Financial Management Regulation 34.

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

As described in above summary.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the Monthly Financial Activity Statement Report for August 2018 as per Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27575

That Council receive the Monthly Financial Activity Statement Report for August 2018 as per Attachment: 9.3.1(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.3.2 Proposed Windy Harbour Lease Transfer - Site 11

PROPONENT	A & L Church, J & S Malyniak, A & M Malyniak, C & K Lamont
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 11 Mitchell Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160820
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	3 October 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 11 was registered to Anthony and Lorraine Church and Janine and Stephen Malyniak, who requested a new 20 year lease to be granted to Stephen and Janine Malyniak, Anthony and Mandy Malyniak and Christopher and Katherine Lamont.

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 11 was undertaken in 2015 with it being in an overall fair to satisfactory condition.

The existing lease had an expiry date of 27 February 2022. A full 20 year lease term has been requested for the new leaseholders.

All documents required to effect the surrender of the existing lease were recently executed by the lessees prior to this becoming the Estate of the Late Lorraine Church. The surrender of lease is pending consent from Council before Shire execution and registration.

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 11 Windy Harbour between the Shire of Manjimup and Anthony and Lorraine Church and Steven and Janine Malyniak; and

2. Approve a 20 year lease over Site 11 Windy Harbour between the Shire of Manjimup and Stephen and Janine Malyniak as joint tenants of a one half share, Anthony and Mandy Malyniak as joint tenants of a one quarter share and Christopher and Katherine Lamont as joint tenants of a one quarter share, subject to approval of the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27576

That Council:

1. Terminate, by mutual consent, the lease over Site 11 Windy Harbour between the Shire of Manjimup and Anthony and Lorraine Church and Steven and Janine Malyniak; and

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.3.3 Proposed Windy Harbour Lease Transfer - Site 218

PROPONENT	T Waters J Lowther, E Purse, G Waters, S Pessotto
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 218 Island View, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F180291
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	3 October 2018
DECLARATION OF INTEREST:	Nil

Background:

Terrence Waters has an annual lease for Site 218 Windy Harbour and has requested a new 20 year lease be granted to Jean Lowther, Elizabeth Purse, Gary Waters and Susan Pessotto.

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 218 was undertaken in 2015 with it being in an overall satisfactory condition.

STATUTORY ENVIRONMENT:

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:

Windy Harbour leases were historically for a term of one year which upon expiration continued as a monthly tenancy, although Council renews them on an annual basis.

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

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Terminate, by mutual consent, the annual lease over Site 218 Windy Harbour between the Shire of Manjimup and Terrence Waters; and

2. Approve a 20 year lease over Site 218 Windy Harbour between the Shire of Manjimup and Jean Lowther, Elizabeth Purse, Gary Waters and Susan Pessotto as tenants in common of equal shares, subject to approval of the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27577

That Council:

1. Terminate, by mutual consent, the annual lease over Site 218 Windy Harbour between the Shire of Manjimup and Terrence Waters; and

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.4 Proposed Lease to Warren Art and Craft Group Inc - Reserve 19552

PROPONENT	Warren Art and Craft Group Inc
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Collier Street Recreation Ground Reserve 19552, Lot 783 Collier Street, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Business
FILE REFERENCE:	F160778
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	4 October 2018
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has the management order for Reserve 19552, the Collier Street Recreation Ground and Rea Park, for the purpose of ‘Recreation, Racecourse and Agricultural Show Ground’.

The Shire leases a portion of the Reserve to the Warren Art and Craft Group Inc on a vacant land basis for the location of their building known as Sutton Cottage. The lease was for a term of 21 years, due to expire 11 December 2018. Warren Art and Craft Group have requested a new lease.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Warren Art and Craft Group Inc own the Sutton Cottage building and are responsible for maintenance, insurance and all other outgoing costs. The attached letter notes that the group have undertaken upgrades to the building and allow other community groups to use their facilities.

ATTACHMENT: 9.3.4(1)

The Manjimup Community Recreation Hub Master Plan and strategic plans guide proposed development and lease arrangements for the Collier Street Reserve. The Master Plan recommends the relocation of the Warren Arts and Craft Group from the Collier Street Reserve to a suitable location and removal of the Sutton Cottage building, when proposed future developments of the Collier Street Reserve / Rea Park require this.

There is currently no timeframe allocated for the relocation. Other stages of future development included in the Master Plan are expected to be pursued prior to any development near the area of Sutton Cottage. Therefore it is recommended to grant a new lease to continue the current arrangement until a mutually agreeable relocation is negotiated.

Consultation with the group during the process of developing the master plan and recent correspondence indicates they will be willing to negotiate relocation prior to the end of proposed lease term (ten years with a ten year renewal option), provided a suitable alternate location is offered. It is recommended to include an additional clause in the lease providing for an early termination if required for redevelopment of the reserve, with a relocation site to be offered with reasonable notice. This approach is to provide the group with reassurance their needs will be taken into consideration long term, while also keeping in line with the recommendations of the master plan.

The lease area will be the footprint of the building. This is being reduce from the existing lease area, which formerly contained a second building that has been demolished and car park area. The lease will contain a standard clause providing access through the reserve to the building as designated by the Shire and allowing use of the reserve car park. Improvements outside of the lease area such as utility connections will be subject to the terms and conditions of the lease in accordance with Property Leasing Policy 4.2.8.

STATUTORY ENVIRONMENT:

Section 3.58 of the Local Government Act 1995 deals with the requirements for leasing Council land; however Section 30(b) of the Local Government (Functions and General) Regulations 1996 exempts from these requirements leases to charitable, benevolent, educational, recreational, sporting or other like bodies, provided the members are not entitled to receive any pecuniary profit. The lease to the Warren Art and Craft Group Inc complies with this exemption.

Approval from the Minister for Lands is required in accordance with section 18 of the Land Administration Act 1997.

Policy / Strategic Implications:

In accord with Council Policy 4.2.8 Property Leasing, the proposed lease will be for a ten year term with a ten year renewal option at a peppercorn rental as the Warren Art and Craft Group Inc own the building and have a minimal income earning capacity.

Organisational risk management:

Nil

Financial Implications:

Warren Art and Craft Group Inc will be required to pay the lease preparation fee of $240 as a secondary community lease rather than the $340 initial lease preparation fee.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The group operates on a not for profit basis and is open to the public.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council lease portion of Reserve 19552 to the Warren Art and Craft Group Inc for a term of ten years commencing 12 December 2018, with a renewal option of a further term of ten years, at a rental of ten dollars per annum payable on demand, subject to:

1. lessor option of early termination of the lease if required for redevelopment of Reserve 19552, provided that a suitable relocation site is offered to the lessee with reasonable notice; and

2. approval from the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27578

1. lessor option of early termination of the lease if required for redevelopment of Reserve 19552, provided that a suitable relocation site is offered to the lessee with reasonable notice; and

2. approval from the Minister for Lands.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.1 Delegated Planning Decisions for September 2018

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Various
WARD:	Various
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170085
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Samantha Royer
DATE OF REPORT:	1 October 2018
DECLARATION OF INTEREST:	Nil

Background:

In order to ensure the efficient and timely processing of planning related applications, Council delegates authority to the Chief Executive Officer to conditionally approve Applications for Development Approval that meet the requirements of both Local Planning Scheme No 4 (the Scheme) and adopted Council Policy.

Delegated planning decisions are reported to Council on a monthly basis to ensure that Council has an appropriate level of oversight on the use of this delegation. A Register of Delegated Development Approvals, detailing those decisions made under delegated authority in September 2018 is attached.

ATTACHMENT: 9.5.1(1)

PUBLIC Consultation Undertaken:

As shown in the attachment, each application has been advertised in accordance with the Scheme and Council’s adopted Local Planning Policy as detailed in the Policy/Strategic Implications section of this agenda item.

COMMENT (Includes Options):

During September 2018, eleven (11) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for September 2018 compared to September 2017:

Table 1: Planning Decisions Made September 2017 and 2018

	September 2017	September 2018
Delegated Decisions	10 ($1,235,400)	11 ($335,500)
Council Decisions	5 ($96,900)	3 ($80,000)
Total	15 ($1,332,300)	14 ($415,500)

Table 2 compares the Year-To-Date statistics for delegated authority and Council decisions for 2018-19 compared to the previous Financial Year:

Table 2: Planning Decisions Made Year-To-Date 2017-18 and 2018-19

	YTD 2017-18	YTD 2018-19
Delegated Decisions	39 ($2,915,966)	30 ($1,544,054)
Council Decisions	22 ($17,724,000)	12 ($8,261,000)
Total	61 ($20,639,966)	42 ($9,389,554)

STATUTORY ENVIRONMENT:

The Scheme is a Local Planning Scheme, made in accordance with the Planning and Development Act 2005 and associated regulations. Part 8 of the Scheme states that Council’s prior planning consent is required for all developments (including land use), except those developments identified within Part 8.4 as being Permitted Development.

In accordance with Part 11.3 of the Scheme, Council has delegated a number of planning powers to the Chief Executive Officer. These powers have been on-delegated by the Chief Executive Officer to other staff in accordance with clause 11.3.3 of Local Planning Scheme No 4.

Clause 11.3.5 of the Scheme requires that a delegation under the Scheme is consistent with sections 5.45 and 5.46 of the Local Government Act 1995 (LG Act) and the regulations referred to in clause 5.46 of that Act. Regulation 19 of the Local Government (Administration) Regulations 1996 requires that a written record of each delegated decision is kept.

Policy / Strategic Implications:

Applications for Development Approval must be assessed against requirements of the Scheme and Local Planning Policies that have been adopted in accordance with Part 2 of the Scheme. These Policies include Local Planning Policy LPS4 6.1.2 Advertising of Planning Proposals which details the level and scope of advertising required for Applications for Development Approval.

Each application processed under delegated authority has been processed and advertised, and has been determined to be consistent with the requirements of all adopted Local Planning Policies.

Organisational risk management:

Nil.

Financial Implications:

The required planning fees have been paid for all applications for Development Approval processed under delegated authority.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receives the report on Delegated Development Approvals for September 2018 as per Attachment: 9.5.1 (1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27579

That Council receives the report on Delegated Development Approvals for September 2018 as per Attachment: 9.5.1 (1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.4 Application for Retrospective Development Approval for Change of Use from Dwelling to Holiday House - Lot 80 (6) Pine Street, Pemberton

PROPONENT	David Young
OWNER	Jarrah Forest Consulting Pty Ltd
LOCATION / ADDRESS:	Lot 80 (6) Pine Street, Pemberton
WARD:	West
ZONE:	Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/118 P57886
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	26/09/2018
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to present an application for retrospective planning approval to change a use from a ‘Dwelling’ to ‘Holiday Accommodation’ (Holiday House) at Lot 80 (6) Pine Street, Pemberton (the subject site). A location plan is provided below.

LOCATION PLAN

The subject site is 624sqm and currently contains a dwelling and garage that was conditionally approved in 2017. The Pemberton Tramway is located at the rear of the site with an Easement for sewer along the boundary. The site is located within the Pemberton Timber Mill Worker’s Cottages Precinct being a State Heritage Registered site.

It was brought to the attention of the Shire that the dwelling was being offered for short term rental via a routine search of internet booking sites. The landowner has now applied for retrospective approval for the ongoing use of the dwelling as a “Holiday House”.

Details of the application in support of the use, including a management plan are attached.

ATTACHMENT: 9.5.4(1)

As shown in Attachment 1, the accommodation contains four (4) bedrooms, two (2) bathrooms, living, dining and kitchen and a front and back verandah. The key elements of the proposal are:

· A maximum number of guests being six (6) persons, although it is noted there is three (3) bedrooms with king sized beds and the fourth with a bunkbed the accommodation could technically sleep eight (8) persons;

· The management of the property is undertaken by a third party nominated by the applicant;

· The cleaning is undertaken by the local manager;

· A sign of 500mm x 500mm exists on the rear of the property with the words “Sleepers Pemberton”;

· The Emergency Evacuation Plan as submitted will be implemented;

· There is parking within the garage and space on the driveway for a second vehicle; and

· Bookings are through online accommodation sites and synced across all websites via Little Hotelier channel manager.

This application is referred to Council for determination as Shire Officers do not have delegated authority to process the proposed the land use and the retrospective nature of the application.

It should be noted that a second report (Agenda Item 9.5.5) is being presented to Council seeking retrospective approval for a Holiday House on the adjoining property.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of Local Planning Scheme No. 4 (the Scheme) for a 21 day period to all adjoining landowners, within the local paper circulating the Shire, a sign on site and notification to the Ward Councillor. Submissions closed 19 September 2018. One submission was received during the consultation period that disputed the details of the application.

The application was also referred to the Department of Planning Lands and Heritage (DPLH) due to its heritage status and Tourism WA. The DPLH provided support of the development and Tourism WA advised it had no comments to make.

ATTACHMENT: 9.5.4(2)

COMMENT (Includes Options):

The provisions of the Shire Local Planning Scheme No 4 (the Scheme) include the subject land within the Residential Zone. As outlined by Clause 4.3 the purpose of the zone “is to provide for the adequate provision of suitably located land to provide for varied urban residential environment to meet the needs of the community and to promote the amenity of residential areas.” Consistent with this purpose, the objective for the zone include a limitation on “non-residential activities to those which create self-employment or creative activities, provided such activities have no detrimental effect on residential amenity.”

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

Land Use Classification

Table 1 of the Scheme identifies that two forms of Holiday Accommodation may be considered within the Residential zone, being a Bed and Breakfast or Holiday House. The Scheme defines a Holiday House as follows:

“holiday house” means a dwelling together with its associated outbuildings:

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

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

but does not include a “bed and breakfast” facility.

Given that the owner is not residing on the property during the use as a short stay accommodation, it is considered that this application does not align with the definition of Bed and Breakfast.

Land Use Permissibility

A Holiday House is an ‘A’ use within the Residential Zone, that is a use which is “not permitted unless the local government has exercised its discretion by granting approval after giving special notice in accordance with Clause 9.6”.

Consistency with Zoning

The Holiday House is considered to meet the objectives of the zone as it will provide the owner with a source of income and provided that the behaviour of occupants is appropriately managed, the Holiday House is not expected to have any impact on the amenity of the surrounding area. The change of land use will not prejudice the ability of the development to operate as a dwelling in the future.

Parking

The Scheme requires all development to provide adequate car parking in accordance with standards and requirements and provisions of Table 2 and 3. Table 2 provides the minimum number of parking spaces to be provided dependant on the land use proposed.

As Table 2 does not identify parking requirements for a Holiday House, the local government shall determine the number of spaces to be provided in accordance with clause 5.17.2 of the Scheme. In determining the number of bays, Council must have regard to various matters including the nature of the proposed development, anticipated demand for visitor parking and the principles of orderly, proper and sustainable planning.

In this case the applicant has advised that there is two (2) parking spaces, consisting of one within the garage and a second in tandem. Whilst Shire Officers consider that two (2) bays would be sufficient for six (6) guests, it is noted that the existing garage is setback only 4 metres from the front boundary, which does not allow sufficient room for a second vehicle to be contained within the property.

The above said, the adjacent verge does not contain a footpath and is sufficient in width to ensure that a second vehicle can be parked so as not to interfere with adjacent vehicular traffic. It is recommended that the applicant will be requested to advise future guests of the limited parking on site.

Health (Miscellaneous Provisions) Act 2016

The Holiday House 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 to this effect be included on any determination granted by Council.

Guest Register

The applicant will be required to maintain a guest register for all guests and this is to be made available to an authorised officer of the Shire of Manjimup on request. A condition to this effect will be included as part of the recommendation.

Conclusion

The Holiday Accommodation (Holiday House) at Lot 80 (6) Pine Street, Pemberton conforms to the provisions of the Shire of Manjimup Local Planning Scheme No. 4 and is compliant with Local Planning Policy 6.1.5 – Holiday Houses.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No.4

Policy / Strategic Implications:

Nil

Organisational risk management:

Approval of this application by Council, provided that the Holiday House is compliant with the Scheme and Policy, enforced through conditional approval granted by Council, will not generate any organisational risk.

Financial Implications:

The required Development Application Fee and advertising costs have been paid by the applicant.

Sustainability:

Environmental: Nil

Economic: The application, if approved, 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 Holiday Accommodation (Holiday House) at Lot 80 (6) Pine Street, Pemberton in accordance with the submitted plans shown at Attachment: 9.5.4(1) and subject to the following conditions and advice notes:

1. The use as permitted shall operate in accordance with the submitted plans and supporting documentation as listed below,

Reference	Document Title	Date Received
1.	Block Plan	19 July 2018
2.	Ground Floor Plan	19 July 2018
3.	Management Plan	21 August 2018
4.	Evacuation Plan	21 August 2018

2. The applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup, within 2 months of the date of this approval;

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

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

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

7. The garage on-site and associated driveway is to be available for the users of the Holiday Accommodation at all times;

8. Details shall be provided to the satisfaction of the Chief Executive Officer in respect of the proposed signage with a maximum of two (2) signs permitted as part of this application and being no more than 1m2 in size within 2 months of the date of this approval.

Advice Notes:

a) With regards to Condition 7, the applicant is encouraged to advise guests of the limited parking available onsite, and that alternative parking arrangements will be required for additional vehicles to the satisfaction of the Shire of Manjimup.

b) The applicant is advised that the development will be required to meet all relevant provisions of the Health Act 1911, Building Act 2011 and National Construction Codes.

c) In all buildings approval for use as a Holiday Accommodation, a system of emergency lighting will need to be installed to assist in the evacuation of occupants in the event of fire and this lighting will need to:

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

ii. Consist of:

· Lights incorporated into the smoke alarm itself; and

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

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27580

1. The use as permitted shall operate in accordance with the submitted plans and supporting documentation as listed below,

Reference	Document Title	Date Received
1.	Block Plan	19 July 2018
2.	Ground Floor Plan	19 July 2018
3.	Management Plan	21 August 2018
4.	Evacuation Plan	21 August 2018

2. The applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup, within 2 months of the date of this approval;

3. The Holiday Accommodation 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;

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

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

7. The garage on-site and associated driveway is to be available for the users of the Holiday Accommodation at all times;

Advice Notes:

b) The applicant is advised that the development will be required to meet all relevant provisions of the Health Act 1911, Building Act 2011 and National Construction Codes.

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

ii. Consist of:

· Lights incorporated into the smoke alarm itself; and

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

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.5 Application for Retrospective Development Approval for Change of Use from Dwelling to Holiday House - Lot 79 (8) Pine Street, Pemberton

PROPONENT	David Young
OWNER	Jarrah Forest Consulting Pty Ltd
LOCATION / ADDRESS:	Lot 79 (8) Pine Street, Pemberton
WARD:	West
ZONE:	Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/119 P57885
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	26 September 2018
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to present an application for retrospective planning approval to change a use from a ‘Dwelling’ to ‘Holiday Accommodation’ (Holiday House) at Lot 79 (8) Pine Street, Pemberton (the subject site). A location plan is provided below.

LOCATION PLAN

The subject site is 636sqm and currently contains a dwelling and garage that was approved in 2017. The Pemberton Tramway is located at the rear of the site with an Easement for sewer along the boundary. The site is located within the Pemberton Timber Mill Worker’s Cottages Precinct State Heritage Registered site.

It was brought to the attention of the Shire that holiday accommodation was being offered for short term rental via a routine search of internet booking sites. The landowner has now applied for retrospective approval for the ongoing use of the dwelling as a “Holiday House”.

Details of the application in support of the use, including a management plan are attached.

ATTACHMENT: 9.5.5(1)

As shown in Attachment 1, the accommodation contains four (4) bedrooms, two (2) bathrooms, living, dining and kitchen and a front and back verandah. The key elements of the proposal are:

· A maximum number of guests as six (6) persons, although there is three (3) bedrooms with king sized beds and the fourth with a bunkbed the accommodation could technically sleep eight (8) persons;

· The management of the property is undertaken by a third party nominated by the applicant;

· The cleaning is undertaken by the local manager;

· A sign of 500mm x 500mm exists on the rear of the property with the words “Sleepers Pemberton”;

· The Emergency Evacuation Plan as submitted will be implemented;

· There is parking within the garage and space on the driveway for a second vehicle; and

· Bookings are through online accommodation sites and synced across all websites via Little Hotelier channel manager.

This application is referred to Council for determination as Shire Officers do not have delegated authority to process the proposed the land use and the retrospective nature of the application.

It should be noted that a second report (Agenda Item 9.5.4) is being presented to Council seeking retrospective approval for a Holiday House on the adjoining property.

PUBLIC Consultation Undertaken:

ATTACHMENT: 9.5.5(2)

COMMENT (Includes Options):

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

Land Use Classification

“holiday house” means a dwelling together with its associated outbuildings:

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

but does not include a “bed and breakfast” facility.

Given that the owner is not residing on the property during the use as a short stay accommodation, it is considered that this application does not align with the definition of Bed and Breakfast.

Land Use Permissibility

Consistency with Zoning

Parking

In this case the applicant has advised that there is two (2) parking spaces, consisting of one within the garage and a second in tandem. Whilst Shire Officers consider that two (2) bays would be sufficient for six (6) guests, it is noted that the existing garage is setback only 4.0 metres from the front boundary, which does not allow sufficient room for a second vehicle to be contained within the property.

Health (Miscellaneous Provisions) Act 2016

Guest Register

Conclusion

The Holiday Accommodation (Holiday House) at Lot 79 (8) Pine Street, Pemberton conforms to the provisions of the Shire of Manjimup Local Planning Scheme No. 4 and is compliant with Local Planning Policy 6.1.5 – Holiday Houses.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No.4

Policy / Strategic Implications:

Nil

Organisational risk management:

Financial Implications:

The required Development Application Fee and advertising costs have been paid by the applicant.

Sustainability:

Environmental: Nil

Economic: The application, if approved, 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 Holiday Accommodation (Holiday House) at Lot 79 (8) Pine Street, Pemberton in accordance with the submitted plans shown at Attachment: 9.5.5(1) and subject to the following conditions and advice notes:

1. The use as permitted shall operate in accordance with the submitted plans and supporting documentation as listed below,

Reference	Document Title	Date Received
1.	Block Plan	19 July 2018
2.	Ground Floor Plan	19 July 2018
3.	Management Plan	21 August 2018
4.	Evacuation Plan	21 August 2018

2. The applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup, within 2 months of the date of this approval;

3. The Holiday Accommodation 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;

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

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

7. The garage on-site and associated driveway is to be available for the users of the Holiday Accommodation at all times;

Advice Notes:

b) The applicant is advised that the development will be required to meet all relevant provisions of the Health Act 1911, Building Act 2011 and National Construction Codes.

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

ii. Consist of:

· Lights incorporated into the smoke alarm itself; and

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

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27581

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 Holiday Accommodation (Holiday House) at Lot 79 (8) Pine Street, Pemberton in accordance with the submitted plans shown at Attachment: 9.5.5(1) and subject to the following conditions and advice notes:

1. The use as permitted shall operate in accordance with the submitted plans and supporting documentation as listed below,

Reference	Document Title	Date Received
1.	Block Plan	19 July 2018
2.	Ground Floor Plan	19 July 2018
3.	Management Plan	21 August 2018
4.	Evacuation Plan	21 August 2018

2. The applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup, within 2 months of the date of this approval;

3. The Holiday Accommodation 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;

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

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

7. The garage on-site and associated driveway is to be available for the users of the Holiday Accommodation at all times;

Advice Notes:

b) The applicant is advised that the development will be required to meet all relevant provisions of the Health Act 1911, Building Act 2011 and National Construction Codes.

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

ii. Consist of:

· Lights incorporated into the smoke alarm itself; and

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

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.8 Proposed Advertisement (Pylon Sign) at Lot 500 Mottram Street, Manjimup

PROPONENT	Manjimup Projects Pty Ltd
OWNER	Manjimup Projects Pty Ltd
LOCATION / ADDRESS:	Lot 500 Mottram Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/138; P52213
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	4 October 2018
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for the establishment of an Advertisement (Pylon Sign) on Lot 500 Mottram Street, Manjimup. A location plan is shown below.

Location Plan

Lot 500 is located on the corner of Mottram Street and Ralston Street, has an area of 9,434m² and is developed with the Woolworths shopping centre.

Approval if being sought for a 6m high, 2.6m wide and 250mm deep double sided Pylon Sign, advertising the current businesses within the shopping complex. The Pylon Sign is proposed at a distance of 1.12m from the property boundary on with the Mottram Street road reserve. A copy of the submitted plans are attached.

ATTACHMENT: 9.5.8(1)

The application is referred to Council for determination as the proposed Advertisement (Pylon Sign) requires a variation of setbacks identified by Local Planning Policy LPS4 6.1.4 Advertisements (the Policy).

It should be noted that the applicants were originally proposing two Pylon Signs, with the second sign to be located adjacent to the carpark entrance off Mottram Street. Following the receipt of comments from Main Roads, Shire Officers liaised with applicant, conveying concerns expressed regarding the second sign. The applicants subsequently amended the application to a single sign, being the subject of this agenda item.

PUBLIC Consultation Undertaken:

No public consultation was undertaken. However, as the Pylon Sign is located abutting a main road, comments of Main Roads WA (MRWA) were sought. A copy of the advice received from MRWA is shown attached and is discussed in the Comment section below.

ATTACHMENT: 9.5.8(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject property within the “Town Centre” Zone. As prescribed by clause 5.29 of the Scheme, advertising signs require prior planning approval, unless they are identified as exempt under Schedule 15.

Council adopted Local Planning Policy LPS4 6.1.4 Advertisements on 8 December 2016 in order to guide officers in assessing applications for Advertising Signage. The Policy defines a Pylon Sign as a sign supported by one or more supports and not attached to a building and includes a detached sign framework supported by one or more supports to which sign infills may be added.

The proposed sign complies with the Advertisement Policy, with the exception of a matter relating to the placement of the sign. Further guidance is provided below to assist Council in determining the application.

LPS4 6.1.4 Advertisements

The Policy prescribes the development criteria to be used when assessing applications for Pylon Signs. Assessment of the application against this criteria confirms that the proposal complies, except for the following two requirements:

a) Not be within 2m of the side boundaries of the lot on which it is erected. If the lot on which the pylon sign is erected abuts an intersecting street or right-of way, Council may authorise the erection of the sign at a lesser distance than 2m;

b) Not be erected so that it projects over any pedestrian access way or street more than 0.9m.

The Policy also restricts the number of pylon signs to one (1) per lot and requires that the signs obtain a building permit. This requirement will be included as an advice note in the event Council grants approval.

Plans submitted in support of the application detail that the sign is to be constructed on the intersection of Mottram Street and Ralston Street, with a setback of 1.12m from the intersection truncation and 2.95m from the boundaries to Mottram and Ralston Streets. The front setback of 1.12m is a minor variation to the Policy by 0.88m.

As the proposed is be illuminated the application must also comply with the additional illuminated sign requirements of the Policy as detailed below:

a) Have any boxing or casting in which it is enclosed constructed of incombustible material;

b) Where comprising glass (other than fluorescent tubing) have the glass so protected as to prevent its falling out into a public place in the event of breakage;

c) Have its electrical installation constructed and maintained to the satisfaction of Western Power or the appropriate electrical supply authority and in accordance with the relevant Australian Standard;

d) Be maintained to operate as an illuminated sign;

e) Not have a light of such intensity as to cause annoyance to the public or be a traffic hazard; and

f) Not emit a flashing, intermittent or sequential light.

It is recommended that the illuminated sign requirements are conveyed as conditions in the event of Council approval to ensure Policy compliance.

MRWA Submission

Within their submission, MRWA provided advises:

a) the proposed southern sign was too close to an existing illuminated sign, the distance from this sign must be 150m;

b) a minimum vertical clearance of 2.5m is recommended to protect pedestrians; and

c) the maximum permitted luminance for a new sign.

Shire officers liaised with the applicant who was contacted regarding the comments. In response the applicant has revised the application by deleting the southernmost sign and amending the design of the northern sign to provide a maximum height of 6m and vertical clearance of 2.4m.

Conclusion

The applicant has amended the submitted application to ensure compliance with Main Roads advice and Shire Planning Policy. Conditional approval is recommend as a relaxation of the required two metre setback will not detrimentally impact on the adjacent land or pose a risk to the general public.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Compliance with Local Planning Policy LPS4 6.1.4 - Advertisements is detailed above.

Organisational risk management:

Nil.

Financial Implications:

The appropriate development fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: The additional advertising for the businesses on the subject site, will potentially increase economic activity within the complex.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval for the Advertisement (Pylon Sign) on Lot 500 Mottram Street Manjimup (TP133/2018) in accordance with the submitted plans as shown at Attachment 9.5.8(1) and subject to the following conditions:

a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent from the Local Government;

b) The Advertisement the subject of this approval is to be constructed of incombustible materials, to the satisfaction of the Local Government;

c) The advertisement the subject of this approval where comprising of glass (other than fluorescent tubing), is to have the glass so protected as to prevent its falling into a public place in the event of breakage, to the satisfaction of the local government; and

d) The Advertisement the subject of this approval is to be maintained to operate as an illuminated sigh, to the satisfaction of the Local Government.

2. Advises the applicant that a Certified Building Permit is required to be obtained.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27582

That Council:

b) The Advertisement the subject of this approval is to be constructed of incombustible materials, to the satisfaction of the Local Government;

d) The Advertisement the subject of this approval is to be maintained to operate as an illuminated sigh, to the satisfaction of the Local Government.

2. Advises the applicant that a Certified Building Permit is required to be obtained.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.9 Proposed Change of Use - No 91 (Lot 501) Mottram Street, Manjimup

PROPONENT	Manjimup Project Pty Ltd
OWNER	Manjimup Project Pty Ltd
LOCATION / ADDRESS:	No 91 (Lot 501) Mottram Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	P53757
LEGISLATION:	Planning & Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	8/10/2018
DECLARATION OF INTEREST:	Nil

Background:

Lot 501 is a 2198m² lot developed as part of the Woolworths Shopping Complex on Mottram Street, which was previously approved by Council subject to compliance with 30 conditions. The “Showroom” component is currently contained within Lot 501. A location plan is shown below.

Approval is now being sought for a change of use relating to the showroom component to allow 723m² of the showroom tenancies to be used for a single tenant, whose activities relate to the sale of retail products and showroom type goods. A copy of the submitted application is shown attached.

ATTACHMENT: 9.5.9 (1)

Council is requested to determine the application as approval to the proposal will require a variation to on-site parking requirements.

Details submitted in support of the application outline that if approved, a new lease to Red Dot will cover an area of 723m² and will comprise:

a) 650m² of sales floor, comprising 60% retail (390m²) and 40% showroom (260m²); and

b) 73m² of delivery bay, general store room and accessible toilet.

By way of further background, the landowners have been attempting to secure new tenants for Shop 9 since the premises were vacated by Homemakers Furniture. At its Ordinary Meeting held on 16 November 2017, Council granted conditional approval to a change of use for a portion of Shop 9 to be used for a pharmacy. The current application relates to the majority of the balance of the showroom development.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (LPS No 4) include the subject land within the Town Centre Zone.

As identified within LPS No 4, the purpose of the Town Centre Zone is to “…provide for the establishment and ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of surrounding areas.”

To assist Council in determining this application, the following advice is offered:

Planning Precinct

Within the Town Centre Zone as it applies to the Manjimup CBD, LPS No 4 identifies four distinct planning precincts and includes the land within Precinct MP1(B). As stated within Schedule 8 of LPS No 4, the Town Centre precinct has been identified to provide for a broad range of uses including retail, commercial and professional offices, along with a number of other uses.

Specific recommendations for Sub-Precinct (B) include, but are not limited to:

· Ongoing development of vacant railway land to create a visual linkage and pedestrian linkage between Mottram Street and the town centre; and

· Development applications that will encourage improvement of the rear aspect and amenity of development on either side of the railway line.

Land Use Classification

In order to guide the classification of commercial land uses, the Western Australian Planning Commission adopted the Western Australian Land Use Classification system. In accordance with this guide, the sale of bulky goods such as furniture, carpets, mats, electrical fittings and other such items is classified as a showroom. The sale of other general retail items is consistent with the definition of a shop.

Land Use Permissibility

As detailed within the Zoning and Development Table within LPS No 4 a “Shop” is a “P” use within the Town Centre Zone. That is a use that is “permitted by the Scheme providing the use complies with the relevant development standards and the requirements of the scheme.”

A “Showroom” is a “D” use within the Town Centre. That is a use that is not permitted unless the local government has exercised its discretion by granting planning approval.

Development Standards

Within the Town Centre Zone, the development standards applicable to a “Shop” and a “Showroom” are the same, with the exception of car parking. In accordance with LPS No 4 – Table 2, the provision of parking is required at the following ratios:

Land Use	Required Ratio
Showroom	1 bay per 100m²`
Shop	1 bay per 25m²

Further details on the parking requirements as they apply to this application are provided below.

Car parking

In essence the application as submitted is seeking approval to use 390m² of a building, previously approved as a showroom, for general retail purposes. The increase in required parking bays is as follows:

Land Use	Required Ratio	All Showroom	Proposed Use
Showroom	1 bay per 100m²	7.23 bays	3.33 bays
Shop	1 bay per 25m²	0	15.6 bays
		7.23 bays	18.93 bays

As demonstrated by the above table, an additional 12 car bays are required in respect of the proposed retail floor space.

In accordance with Clause 5.17.8 of LPS No 4, where an applicant can demonstrate that other off-street parking is available to be shared, the local government may approve the joint use of parking facilities subject to the landowners entering into a legal agreement to ensure continued access to shared parking facilities.

Existing Development

The original approval to the Woolworths Shopping Complex (including the showrooms) was established with 11 car parking bays above the requirements of LPS No 4. In granting conditional approval to the proposed change of use at its 16 November 2017 meeting, eight of these bays were required to meet the increased parking requirements associated with the pharmacy.

Given the above, there are 3 additional bays that may be allocated towards the current application. With an additional 12 bays being required for the current application, there would be a shortfall of 9 car bays.

Existing Parking Arrangements

At the time of the original development, the applicants sought use of an 8m wide section of the railway reserve to be developed so as to provide a portion of the developments car parking and associated driveway. To facilitate this the Shire entered into a lease arrangement with the State and then sub leased the land to Manjimup Project Pty Ltd. As the lease was for the commercial benefit of the developer, the lease was subject to commercial terms and an annual lease fee.

Proposed Additional Parking Bays

The applicants have provided a concept plan in support of the application demonstrating that additional parking bays can be established at the rear of the premises within the railway corridor. A copy of the concept plan is shown attached.

ATTACHMENT: 9.5.9(2)

The area of railway reserve immediately to the rear of the subject premises is currently developed with four over length vehicle bays. As shown on the concept plan, the applicant is proposing to convert these bays into standard vehicle bays.

If these bays were provided as right angle parking bays, the additional 9 car parking bays can be provided in this area. An additional 4 metres of railway reserve will however be required. Should Council grant conditional approval to the application, it is recommended that appropriate conditions be imposed requiring the submission and approval of detailed plans demonstrating the parking design and construction of the bays to the satisfaction of the Chief Executive Officer.

Amalgamation of Lots

The applicants are currently in the process of amalgamating Lots 500, 501 and 502, combining the showroom, service station and shopping centre into a single title. This will ensure that all parking bays located on those properties will be available to service the development as a whole.

Modification of Existing Parking

On a separate but related matter, through discussions with Shire Officers, the applicants have been examining the possible modification of the driveway and associated parking bays at the rear of the shopping complex.

Currently the driveway behind the main complex is a one-way system servicing angled parking bays leading out to Ralston Street. The owners are considering modification of this to a two-way traffic system, with right angle parking bays, increasing the number of parking bays available. In order to achieve this, an additional 4 metres of railway reserve would be required.

An opportunity exists to rationalise the current vehicle movements and increase the available parking by making an additional 4 metres of railway reserve available along the rear of Lots 500 and 501.

Modification of Current Lease

The applicant has expressed a desire to modify the current railway lease area to include the additional 4 metres of railway reserve as detailed above. The applicant has agreed to meet all costs associated with modification of the lease and modification/construction of the parking bays.

It should however be noted that such an approach will permit the State to review the current conditions of the lease, including the applicable lease fees. Furthermore modification of the current lease will not provide any further security for the proponent.

As an alternative it is recommended that consideration be given to Council accepting a cash-in-lieu payment equivalent to the costs associated with the parking modification, facilitating the Shire completing these works.

To ensure that all options may be examined, it is recommended that conditions be imposed to ensure that the applicants are required to provide the 9 additional parking bays, with payment of cash-in-lieu (construction cost only) being an option.

STATUTORY ENVIRONMENT:

The form and assessment of applications for Planning Approval are regulated by the provisions of Local Planning Scheme No 4, pursuant to the Planning and Development Act 2005.

Policy / Strategic Implications:

Approval to the application as submitted would be consistent with the following community goals and strategies as identified within the Shire of Manjimup Strategic Community Plan 2017-2027.

Community Goals

1.1 New people and new businesses are attracted to the region.

1.2 The local economy is diversified and supports a range of industries and job opportunities.

Strategies

B3. Build on the Manjimup town’s capacity as a regional service centre for the Warren Blackwood.

Organisational risk management:

Nil

Financial Implications:

All costs associated with modifying the existing railway reserve lease and modification/construction of the parking area will be met by the applicant.

Sustainability:

Environmental: Nil

Economic: Approval to the application as submitted will result in a substantial vacant tenancy being used for retail/showroom purposes.

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. having regard to the requirements of Shire of Manjimup Local Planning Scheme No 4 grant planning consent to the proposed Change of Use for Shop 9, No 91 (Lot 501) Mottram Street, Manjimup from a “Showroom” to a “Shop”/”Showroom” in accordance with the plans and specifications submitted subject to compliance with the following conditions:

a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.

b) Prior to commencement of the use hereby approved, the landowner shall enter into a Deed of Agreement with the Shire of Manjimup to ensure the modification of the existing long vehicle bays at the rear of Lot 501 to right angle parking bays in order to provide an additional 9 parking bays on site to the satisfaction of the Chief Executive Officer;

c) Prior to commencement of the use hereby approved, the applicant shall provide a detailed site plan demonstrating the conversion of the existing long vehicle bays at the rear of Lot 501 to the satisfaction of the Chief Executive Officer;

d) The area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan referred to in condition (c) above shall:

i) Be constructed, drained and marked to the satisfaction of the Council prior to the commencement of the use hereby permitted.

ii) Thereafter be maintained to the satisfaction of the Council.

iii) Be made available for such use at all times and not used for any other purpose.

iv) Be properly formed to such levels that it can be used in accordance with the plan.

e) The parking modifications referred to in conditions (b), (c) and (d) above being constructed within six months of the date of this approval to the satisfaction of the Chief Executive Officer; and

f) A Lighting Plan showing lighting to pathways and car parking areas are to be submitted and approved. All lighting is to be installed and operated as per the approved plan to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

a) Further to condition No (c) above, the applicant is advised that the Shire is prepared to accept payment of cash-in-lieu for the additional parking bays being equivalent to the costs associated with modification of the parking bays as specified.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27583

That Council:

d) The area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan referred to in condition (c) above shall:

i) Be constructed, drained and marked to the satisfaction of the Council prior to the commencement of the use hereby permitted.

ii) Thereafter be maintained to the satisfaction of the Council.

iii) Be made available for such use at all times and not used for any other purpose.

iv) Be properly formed to such levels that it can be used in accordance with the plan.

e) The parking modifications referred to in conditions (b), (c) and (d) above being constructed within six months of the date of this approval to the satisfaction of the Chief Executive Officer; and

Advice to Applicant:

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.15.1 Minutes of the Manjimup Agricultural Expansion Project Management Committee Meeting 18 September 2018

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160285
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	19/09/2018
DECLARATION OF INTEREST:	Nil

Background:

The Terms of Reference for the Manjimup Agricultural Expansion Project Management Committee are as follows:

1. Ensure compliance with the Manjimup Agricultural Expansion Project Financial Assistance Agreement between the Shire of Manjimup and Department of Regional Development;

2. Ensure compliance with the Manjimup Agricultural Expansion Project Deed of Agreement between the Shire of Manjimup and the Southern Forests Food Council;

3. Oversee amendments to the Manjimup Agricultural Expansion Project Financial Assistance Agreement and Manjimup Agricultural Expansion Project Deed of Agreement;

4. Release project funding in accordance with Manjimup Agricultural Expansion Project Financial Assistance Agreement and Manjimup Agricultural Expansion Project Deed of Agreement; and

5. Oversee the reporting obligations of the Manjimup Agricultural Expansion Project.

The purpose of this report is to allow the minutes of the Manjimup Agricultural Expansion Project Management Committee meeting held on 18 September 2018 to be presented to Council.

ATTACHMENT: 9.15.1 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

There are no recommendations arising from the minutes of the Manjimup Agricultural Expansion Project Management Committee requiring Council’s consideration.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 enables the establishment of Management Committees.

Policy / Strategic Implications:

A third party arrangement such as contained within the Manjimup Agricultural Expansion Project has the potential to create liability issues or reputational damage to the Shire of Manjimup unless managed appropriately. A Management Committee is considered an accountable and transparent method of ensuring legal obligations are adhered to.

Organisational risk management:

The operation of the Manjimup Agricultural Expansion Project Management Committee removes considerable risk from the Shire of Manjimup by making decisions and activities more transparent and accountable.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the minutes of the Manjimup Agricultural Expansion Project Management Committee held 18 September 2018 in accordance with Attachment: 9.15.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27584

That Council receive the minutes of the Manjimup Agricultural Expansion Project Management Committee held 18 September 2018 in accordance with Attachment: 9.15.1(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

Councillor Jenkins declared a Financial Interest in this Item as her partner has a spring fed dam on his property. Councillor Winfield declared a Financial Interest in this Item as he is the owner of a spring fed dam. Councillors Jenkins and Winfield did not speak or vote on the matter and left the Chamber at 6.31pm.

Councillor Taylor declared an Impartiality Interest in this Item as he is the owner of property on Rapoff Road, West Manjimup. Councillor Skoss declared an Impartiality Interest in this Item as he has a licensed dam subject to proposed DWER charges. Councillor Taylor and Skoss declared that they would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.1.1 Consideration of Discussion Paper on Cost Recovery for the Department of Water and Environmental Regulation

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F180161
LEGISLATION:	Environmental Protection Act 1986, Rights in Water and Irrigation Act 1914
AUTHOR:	Jason Giadresco
DATE OF REPORT:	2/10/2018
DECLARATION OF INTEREST:	Nil

Background:

The Discussion Paper on cost recovery for the Department of Water and Environmental Regulation (DWER) is a consultation document produced by that department to invite feedback on the implementation of a cost recovery approach for the assessment of native vegetation clearing permits and applications for water licences and permits. A copy of the document is attached for Council’s consideration.

ATTACHMENT: 9.1.1(1)

Through the paper, DWER is indicating that it is considering to significantly overhaul its cost recovery methods. The purpose of this report is to allow Council to make comment on the paper.

PUBLIC Consultation Undertaken:

This discussion paper is part of the process of public consultation undertaken by the Department of Water and Environmental Regulation. Submissions on the document close 1 November 2018.

COMMENT (Includes Options):

Key Matters for Consideration

The key matters for consideration within the paper are based generally around the following elements:

· A proposed new fee structure for water licences and land clearing permits.

· Anticipated service improvement by the department due to cost recovery.

· Cost of services provided by the department.

· Benchmarking the proposed fees against those levied in other Australian jurisdictions.

Native Vegetation Clearing Implications

The main implications for the Shire organisation and it’s community members with regard to cost recovery methods for its proposed assessment of native vegetation clearing permits, are as follows:

· A significant increase in application fees for intensive land use zone area permits. This is the most commonly applied for permit by the community within the Shire of Manjimup. For example, to clear 1ha of land currently carries an application fee of $50. With the changes as given in Table 1 of the discussion paper (Page 10), an applicant would have to pay $1,000 to clear the same area.

· Shire-managed road reserve improvement/maintenance operations will be cost impacted with permit applications increasing from $200 to $2,000 each.

Impacts on Community Activities

Whilst appreciating the need for DWER to improve its cost recovery approach, it could be argued that the increased costs to clear native vegetation on private land and Shire reserve within a total Shire area that is approximately 88% vegetated, is considered overly excessive and may financially impinge a portion of the community, particularly smaller primary producers.

Furthermore, it is expected that most analysis and assessment of applications would be conducted on desktop, which comes at a reduced cost. Cost increase will particularly affect the community members clearing land for large scale agricultural production which is widely considered a key economic driver of the Shire’s economy. Increased application costs to clear native vegetation may make the pursuit of these activities cost prohibitive for some landowners, therefore stifling local economic activity and affecting the productive use of the land.

It is also noted that there appears to be no justification for service delivery in extensive zone areas being priced cheaper for a permit application. It would be expected service delivery in the intensive land zone as shown in Figure 1 on page 11 of the paper would be at lower cost given its proximity to the metropolitan area.

Whilst it is acknowledged that significant levels of clearing have occurred in the intensive zone area in which the Shire of Manjimup is situated, most of that clearing has occurred in areas outside of the Shire of Manjimup such as the Swan Coastal Plain and the Wheatbelt region. Rather, it is recommended that DWER re-evaluate the zoning areas and make them more geographically or environmentally specific, with application costs tailored to suit that zone.

Impacts on Shire Operational Activities

Although the paper indicates that activities will be streamlined for the benefit of local government it is expected with any cost increase, additional funds will have to be reallocated to cover native vegetation permit clearing costs rather being invested in the improvement or maintenance of Shire roads and associated infrastructure.

It should also be noted that staff already spend considerable amounts of time and expense in not only preparing clearing permit applications for road reserve maintenance and other works, but also carrying out activities on behalf of DWER in regard to those applications. In recent times, DWER has often requested that staff travel at organisational expense to the application site to investigate and acquire photographs of the site or equipment, take measurements or acquire other information. Essentially, the Shire is absorbing and subsidising activities that would be expected to be undertaken by DWER employees.

For example, a typical application for a native vegetation clearing permit for a section of Shire road reserve would take a half day of staff time including a desktop review and filling out of the application forms, would cost approximately $700 in total. Given DWER information requests in recent times, staff could additionally spend two days collating further information to be sent back to DWER. Staff managing the clearing permit application costs approximately $920 per working day, and by adding in those additional costs, the application total increases to $2,500. The further increase of application cost as proposed would potentially make each application worth a total of $4,300. In 2017-2018, the Shire submitted 7 applications to DWER for approval. To put these figures into further perspective for Council, should the new cost regime as proposed in Table 1 apply to those 7 applications, the Shire potentially could have spent $30,000 submitting and further administering these applications, as opposed to the $17,500 cost currently.

Other Concerns

The Shire is not convinced by the rationale provided at section 3.2 of the paper that the money proposed to be recouped by DWER will be reinvested back into the department, or spent on improving turnaround times on applications and associated departmental activities. As described in the paper, DWER has a published performance indicator of 80% of decisions within 60 business days. At the time of writing this report, only 4 of the 7 permits lodged in 2017/18 had been approved. The remaining 3 permits have been with DWER without determination for 70 days, 97 days and 225 days respectively. The content of the section 3.2 offers no confidence to the Shire that the department’s performance in application turnaround time will improve alongside the imposition of increased application costs, particularly as the Shire is already subsidising some of the assessment activities that should be undertaken by DWER as noted above. Given the above data, there appears to be inconsistency in the approval process, and the department may be better served by examining its own administrative efficiencies prior to raising its application fees.

Given the expected financial increases to both the Shire organisation and local ratepayers and the potential to stifle economic development, the Shire does not support an increase in native vegetation clearing permit fees as proposed in the paper.

Water Licence Impacts

The main implication to the Shire and it’s ratepayers with regard to the proposed cost recovery methods for its assessment of applications for water licences, bore approvals and permits to interfere with bed and banks, is that they are to become increasingly expensive.

The paper states that the new fees are reflective of the level of effort on DWER’s behalf to assess licence and permit applications. As Table 5 of the paper indicates, apart from the trade or transfer of a licence or agreement, application costs are to increase significantly. Previously, no cost was charged to assess and determine an application for a water licence, bore application or permit to interfere with bed and banks.

Similar to the processing of clearing permits, most applications would be assessed and determined on desktop. The paper does not clearly articulate what the service benefit of the increased costs to landowners will be should fees be increased. Landowners appear not to be getting any ’value for money’ for the increased licence cost, and the paper does not determine who the ultimate beneficiaries are. Furthermore, no comprehensive justification is provided for the significant cost increase in the assessment of these licences and permits. Whilst larger businesses within the Shire may be able to absorb these proposed costs, many smaller primary producers may find that the proposed costs will have greater financial impacts. Furthermore, the majority of primary producers will not have opportunity to pass the cost of those licencing fees on to consumers.

Additionally, having to renew the licence every 10 years at what is assumed to be the same price point of the initial application cost if not more so is also considered financially burdensome to landowners.

Spring Water Rights

The paper contains no discussion around the licencing or cost recovery from those properties that contain springs, or spring fed dams. Assumedly, this is because springs are considered surface water and exempt from licencing under the Rights in Water and Irrigation Act 1914. Therefore, landowners with ‘spring rights’ dams will not have to pay any fees to DWER either initially or on an ongoing basis. It should be noted, that it is a common occurrence that ‘spring rights’ dams do ultimately become riparian in nature either by eventually entering a stream system, or creating one. The Shire is of the opinion that this aspect needs to be investigated further by DWER, as it puts those landowners who have no choice but to licence water at a financial disadvantage.

Costing Inconsistencies

The paper states that the cost incurred by DWER to assess water licence and permit applications in financial year 2015-2016 was $15,577,921 and in financial year 2016-2017 cost $14,606,870. Table 3 of the paper shows that the DWER approved 68 less licences in 2016-2017, and DWER incurred costs were reduced by $971,051 compared to 2015-2016. This information has been collated in the table overleaf:

Financial Year	Total number of Assessments	Total cost to Department	Average cost per Assessment
2015-2016	2,773	$15,577,921	$5,618
2016-2017	2,705	$14,606,870	$5,400
Differential	68	$971,051	$14,281

It is noted that the average cost of assessment of those 68 licences is $14,281, based on the difference ($971,051) in total DWER cost between the two financial years. This is a significant discrepancy given the average application assessment for those two financial years is $5,618 and $5,400 respectively. The Shire contends that the data provided on this aspect appears to be inaccurate and in need of review, or requires further detail, as it would have been expected that for the differential average cost of assessment for the 68 licences to be closer to $5,500, as opposed to $14,821 per assessment. Alternately it may be found that DWER is already over resourced and the increased assessment cost is directly attributable to sustaining existing employment overheads even though less applications were received.

Impacts on Shire organisation

There are a number of dams on Shire–managed reserves. Council recently has flagged its interest in assuming responsibility for Karri Lake in Quinninup, and is also currently exploring the feasibility of increasing the dam size in Northcliffe Forest Park to allow for access to water for fire-fighting and recreational purposes. It is not clear from the paper whether local governments will be expected to pay for water licences for these dams under Shire management. Should it be determined that the Shire will need to pay for the licencing of water bodies under its jurisdiction, the cost to do so will have an impact on funding within Council’s Annual Budget.

STATUTORY ENVIRONMENT:

Environmental Protection Act 1986 and Rights in Water and Irrigation Act 1914

Policy / Strategic Implications:

The cost recovery measures proposed by DWER challenge the position adopted by Council in its Strategic Community Plan 2017-2027 “Our Prosperity”, being;

Strategy B10: “Ensure the regulatory environment is easy to navigate and development, business and industry friendly.”

Strategy B12: “Provide development opportunities and support local small business to thrive.”

Strategically, it would have been expected that the State Government would be focused on supporting investment in water security and primary production, alongside building economic capacity and investment in the State’s rural areas. Rather, this proposal appears to discourage investment through excessive and unsubstantiated fees.

Organisational risk management:

The cost recovery measures as provided in the paper will have significant financial and economic impacts on the Shire community should they be adopted by DWER. These impacts are likely not to be well received by the Shire community, particularly primary producers. It would be expected by the community that Council, as a representative body, would oppose the proposed cost recovery measures as outlined in the discussion paper.

Financial Implications:

Organisationally, the proposed changes will likely involve Council needing to reallocate funds away from core infrastructure improvements to accommodate the increase in fee costs.

Sustainability:

Environmental: The proposed increase in fees may encourage landowners to clear land or construct/modify water bodies without obtaining the necessary approvals. The non-compliance may have a degenerative impact on the Shire’s environmental resources.

Economic: Should the proposed application fees prohibit landowners, particularly primary producers, from developing their land for agricultural production it may have a ‘flow-on’ effect in that there will be reduced spending in local businesses that operate ancillary to these activities.

Social: Historically, any proposed increase in fees for water and land clearance have been strongly opposed by community members within the Shire. It is anticipated that the fee structures proposed by DWER will not be supported locally.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, in response to the Discussion Paper on cost recovery by the Department of Water and Environmental Regulation instructs the Chief Executive Officer to prepare a submission that:

1. Strongly objects to the cost recovery measures proposed within the Discussion Paper for land clearing and water use, as outlined in this report including:

· Prospective cost increases imposed on local communities;

· Prospective cost increases imposed on the Shire of Manjimup;

· The lack of recognition of “in kind” additional application assessment information sourced by Local Government on behalf of the State Government;

· The need for specific clarity on the applicability of the proposal relevant to every activity, land use and land manager;

· Inequality in application of fees to dams irrespective of their source;

· Questionable proposed timeframes for clearing approvals; and

· The questionable use of land zones to determine cost recovery base positions.

The State Government should be aiming to support investment in water security and primary production – building economic capacity and investment - rather than discouraging investment through excessive and unsubstantiated fees.

2. Requests further detailed justification for the need for the cost recovery measures as proposed in the Discussion Paper.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Daubney, L

27586