Minutes of Ordinary Council

· I attended the Annual General Meeting of the Warren Blackwood Alliance of Councils in Bridgetown. Councillor Tony Pratico is the new President of the Warren Blackwood Alliance of Councils.

· I attended the Home and Community Care Seniors Week Function at the Wellness, Respite and Community Centre.

· I participated in a visit to the Kimberley’s by the Grants Commission.

· I attended the South West Migrants Memorial opening in Bunbury last Saturday.

· I attended the send-off for the WALGA Chief Executive Officer Ricky Burges.

· There was a Pemberton Aged Accommodation Annual General Meeting last week.

· I attended the LGIS meeting last week.

· Both Councillor Winfield and myself, along with our wives, attended the Opera in Valley of the Giants.

· The Christmas tree was put up by a number of volunteers on Monday and the volunteers should be congratulated for their efforts.

· We received $1m from the Commonwealth to assist in the approvals process for the South West Irrigation Scheme.

· Thank you to those who attended school presentation this week was very well received.

· I would also like to welcome former Councillor Sam Karamfiles to the meeting.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr D Bavich

Cr L Daubney

Cr W Eiby

Cr V Herbert

Cr D Jenkins

Cr J Salomone

Cr D Tapley

Cr R Taylor

Cr M Ventris

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Mr Jason Giadresco (Senior Governance Officer)

Ms Jocelyn Baister ( Coordinator Statutory Planning)

Ms Elaine Clucas ( Principal Environmental Health Officer)

Gallery

Sam Karamfiles

Peter Needs

Media

Tari Jeffers

3.1 Apologies: Nil

3.2 Leave Of Absence: Nil

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received an Impartiality Interest from Councillor Eiby for Item 14.1.1, and a Financial Interest from Councillor Jayde Salomone for Item 9.12.1.

Councillor Eiby declared an Impartiality Interest in Item 14.1.1 There are certain matters that Cr Eiby is attached to and if I disclose those matters it may give away certain confidential information.

Councillor Salomone declared a Financial Interest in Item 9.12.1 as she is an employee of Department of Biodiversity, Conservation and Attractions.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice : Nil

5.2 Public Question Time

5.2.1 Peter Needs, Manjimup Resident.

· People feel disempowered by Council due to the way the Council Chamber is setup looking more like a Court Councillor This layout sends the wrong message.

· How do you empower the residents without disempowering Council.

The Shire President responded: This is more like the board of a company and the residents are the shareholders and you have the opportunity to appoint the board whenever they are due and at various stages you are able to have input. It is a very democratic process.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Daubney, L

27660

That the Minutes of the Ordinary Meeting of the Council held on 8 November 2018 be confirmed with the removal of Cr Taylor from the division as shown on page 47 and page 51.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Tapley, D

27661

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 82 of the Agenda with the exception of:

CARRIED: 11/0

9.1.1	Delegations over End of Year Vacation Period from 6 December 2018 to 4 January 2019
9.1.2	Proposed Repeal of By-Laws Relating to the Management of the Manjimup Olympic Swimming Pool
9.3.1	Request for Rates Concession by Pemberton Visitor Centre Inc for Lots 2 and 285 Pump Hill Road Pemberton
9.9.1	Proposed Pemberton Arts and Cultural Precinct Vision and Conceptual Aspirations
9.11.1	Proposed Budget Amendment - Successful Funding Request to Conduct a Year One Super Readers' Club
9.12.1	Consideration of Results of Second Public Consultation Proposal to Close Doggerup Road Reserve, Sandy Peak (Windy Harbour)
9.15.1	Unconfirmed Meeting Minutes of the Manjimup Recreation Advisory Committee Meeting Held 12 November 2018

Items passed by En Bloc Resolution

9.1.3 Review of Risk Management Procedures

9.2.1 Business Directorate Quarterly Report July - September 2018

9.3.2 Monthly Financial Activity Statement - October 2018

9.5.1 Proposed Endorsement of Parking Strategy and Adoption of the Draft Local Planning Policy 6.1.21 - Parking and Cash-in-lieu

9.5.2 Proposed Mixed Used Development - Lot 26 (6) Nockolds Street, Walpole - Restaurant and Holiday House

9.5.3 Proposed Dam with a Setback Variation on Lot 102 Tammar Terrace, Northcliffe

9.5.4 Development and Regulation Directorate Quarterly Report - July to September 2018

9.7.1 Proposed Parking Local Laws 2018

9.12.2 Proposed Review of Council Policy 9.1.7 Bitumen Sealing or Road Improvement Works on a Joint Basis

9.12.3 Proposed Closure of Portion of the Unconstructed Rana Road Reserve

9.15.2 Minutes of the Manjimup Agricultural Expansion Project Management Committee Meeting 13 November 2018

9.16.1 Unconfirmed Minutes of the Audit Committee Meeting Held 8 November 2018

9.16.2 Minutes of Manjimup Town Centre Revitalisation Committee held on 31 October 2018

9.16.3 Minutes of the Northcliffe Town Centre Revitalisation Committee Meeting held on 20 November 2018

ATTACHMENT

APPENDIX

9.1.3 Review of Risk Management Procedures

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160048
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	21/11/2018
DECLARATION OF INTEREST:	Nil

Background:

Council’s Risk Management Procedures (the Procedures) require review every two years. A copy of Council’s current procedure is appended.

APPENDIX: 9.1.3(A)

As with the review of Council’s Corporate Policy 2.3.13 Risk Management undertaken in September 2018, the purpose of this review is to ensure that the content of the Procedures is consistent with the current International Organisation of Standardisation (ISO) standard for organisational risk management (ISO 31000:2018). The Procedures adopted by Council in 2015 refer to ISO Standard 31000:2009, which is now outdated.

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

ATTACHMENT: 9.1.3(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

ISO 31000 Description

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

Consultation with Local Government Insurance Scheme

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

Amendments to the Procedures

The amendments to the Procedure have required it to be structurally overhauled. The Policy has been textually updated to reflect:

· Changes to Shire Officer positions;

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

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

Next Steps

The review of the Shire’s suite of strategic risk management documentation has been identified as a priority business activity. It is the intent of Shire Officers to incrementally review each piece of the Shire risk management documentation individually. As previously mentioned, Council adopted a reviewed Corporate Policy 2.3.13 Risk Management in September 2018.

Should Council determine to endorse the amended Procedures, Shire Officers will then undertake to review the Shire’s Risk Management Framework document. The reviewed Framework will be presented to Council at the earliest opportunity.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Regular reviews are undertaken of Local Government operations and policies. This is necessary to provide strategic direction and improve operations. The review of the Procedures is considered to meet Strategic Community Plan 2017 – 2027 Strategy E4 - Develop policy established from well-researched and evidence-based data.

Organisational risk management:

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

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council endorse the amended Risk Management Procedures in accordance with Attachment 9.1.3(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27662

That Council endorse the amended Risk Management Procedures in accordance with Attachment 9.1.3(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.1 Proposed Endorsement of Parking Strategy and Adoption of the Draft Local Planning Policy 6.1.21 - Parking and Cash-in-lieu

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Manjimup Central Business District
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F180271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	13/11/2018
DECLARATION OF INTEREST:	Nil

Background:

At the 27 September 2018 Ordinary Meeting, Council resolved (Resolution 27563) to advertise the draft Manjimup Town Centre Parking Strategy (draft Strategy) and the draft Local Planning Policy 6.1.21 – Parking and Cash-in-lieu (draft Policy) and to await a further report on the draft documents following close of advertising.

Copies of the draft documents as advertised are shown in appendix A and B.

APPENDIX: 9.5.1(A)

APPENDIX: 9.5.1(B)

Advertising has been completed in accordance with Clause 2.4 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) and Council is requested to consider the endorsement of the draft Strategy and the adoption of the draft Policy.

Council is furthermore requested to consider some minor amendments to the draft Policy as advertised to address administrative changes as detailed in the comment section below.

PUBLIC Consultation Undertaken:

Notices were placed in the Manjimup – Bridgetown Times and on the Shire of Manjimup’s website in accordance with Clause 2.4.1 of the Scheme for a period of 42 days. Submissions on the draft Strategy and draft Policy were invited up to and including Wednesday 14 November 2018.

No submissions were received in response to the advertising.

Once finalised by Council, a newspaper notice advising of the outcome must be published in order for the documents to become effective (Clause 2.43 of the Scheme).

COMMENT (Includes Options):

As mentioned in the background section, some minor modification to the draft Policy is proposed, as discussed below.

Bicycle Parking and End of Trip Facilities

During the development of the draft Policy, development standards and requirements for bicycle parking and End of Trip facilities were included. Prior to the draft Policy being presented to Council for consideration these requirements were omitted however bicycle parking and End of Trip facilities where included in the Purpose and Objectives of the draft Policy.

It is considered that the reference to bicycle parking and end of trip facilities within the Policy is confusing and should be deleted from the version for adoption. Copies of the amended draft Policy and Strategy are attached.

ATTACHMENT: 9.5.1(1)

ATTACHMENT: 9.5.1(2)

Conclusion

Given there were no submissions received, and the minor amendments proposed will not impact on the purpose or intent of Policy, it is recommended that Council adopt the Policy and endorse the Strategy and as presented in the attachments.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Clause 2.4 of Shire of Manjimup Local Planning Scheme No.4

Policy / Strategic Implications:

The endorsement of the draft Strategy and adoption of the Draft Policy will assist in the Shire in meeting Strategy D.14 of the Strategic Community Plan 2017-2027, being:

D14. Provide adequate and safe parking facilities in town sites and enforce compliance with ACROD regulations.

Organisational risk management:

Should Council not proceed with the finalisation of the documents, there is a risk that developments in the Town Centre zones will proceed with insufficient parking and limited merits for Council to collect cash-in-lieu payments.

Financial Implications:

The cost of advertising the final Parking documents will be wholly contained within the 2018/19 annual budget as adopted by Council.

Sustainability:

Environmental: Nil

Economic: The endorsement of the draft Strategy will facilitate the collection of cash-in-lieu payments for parking shortfalls in Town Centre zones and enable Council to provide public parking areas.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.21 – Parking and Cash-in-lieu (as amended) as shown at Attachment 9.5.1(1);

2. Endorses the 2018 Manjimup Town Centre Parking Strategy as shown at Attachment 9.5.1(1) for the purpose of identifying locations within the control of the Shire which could be developed as public parking areas to assist businesses cater for parking requirements off-site and funded through cash-in-lieu payments; and

3. Authorises the Chief Executive Officer to advertise points 1 and 2 above, in accordance with Clause 2.4.3 of the Shire of Manjimup Local Planning Scheme No. 4.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27665

That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.21 – Parking and Cash-in-lieu (as amended) as shown at Attachment 9.5.1(1);

3. Authorises the Chief Executive Officer to advertise points 1 and 2 above, in accordance with Clause 2.4.3 of the Shire of Manjimup Local Planning Scheme No. 4.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.2 Proposed Mixed Used Development - Lot 26 (6) Nockolds Street, Walpole - Restaurant and Holiday House

PROPONENT	Mr D W Cuthbert
OWNER	Mr D W Cuthbert
LOCATION / ADDRESS:	Lot 26 (6) Nockolds Street, Walpole
WARD:	South
ZONE:	Town Centre
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA18/162 P53257
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	16/11/2018
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a variation to the parking and access requirements relating to an application for a proposed Mixed Use (Restaurant and Holiday House) development at Lot 26 (6) Nockolds Street, Walpole (the subject site). A location plan is shown below:

LOCATION PLAN

The subject site has an area of 1,425sqm and is developed with an old transportable building, which was approved for relocation to its current position under delegated authority in order to facilitate this proposal. A copy of the submitted application is shown attached.

ATTACHMENT: 9.5.2(1)

Approval is sought for the construction of:

· A Restaurant (Café) designed for 30 Patrons including street and garden dining areas;

· A single bed Dwelling for use as a Holiday House catering for maximum of two (2) persons;

· Parking for six (6) cars including one (1) accessible bay, plus one (1) reversing/loading bay;

· A single width vehicle width 2.78m x 19m driveway; and

· Associated landscaping and retaining walls.

Council is requested to determine the application as the proposal is seeking approval for a variation to requirements relating to car parking and driveway width. Shire officers do not have the delegated authority to determine applications for these variations.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Scheme for a 21 day period to all adjoining landowners, due to the proposed wall on the western boundary being over height and length. Details of the proposal were also forwarded to the Ward Councillor, in accordance with standard procedures.

Comments were also sought from Main Road WA due to the proximity of the development in relation to the South Western Highway. A copy of the submission is attached.

ATTACHMENT: 9.5.2(2)

COMMENT (Includes Options):

The provisions of the Scheme include the subject land within the Town Centre zone with the zone objectives being to guide and manage land use and development and:

· to encourage the establishment of a diverse range of activities;

· encourage residential accommodation compatible with commercial uses;

· provide for a flexible response to new and innovative ideas; and

· encourage the ease of pedestrian movement and sharing of infrastructure while achieving safety and efficiency in traffic circulation.

In determining an application for planning approval, Clause 10.2 of the Scheme requires that various matters are taken into account, including but not limited to:

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

(iii) any approved State Planning Policies of the Commission;

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

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

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

To guide Council in its determination of the proposal the following comments are provided:

Land Use Classification

The proposed development consists of two (2) land uses being a Restaurant (café) and Holiday Accommodation – Holiday House, which the Scheme defines as follows:

“Restaurant” means a premise where the predominant use is the sale and consumption of food and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Licensing Act 1988;

“Holiday House” – Holiday House means a dwelling together with its associated outbuildings; (a) designed primarily as a dwelling house for permanent residential purposes; and (b) used from time to time for unsupervised, short-stay tourist accommodation purposes excluding members of the owner’s family but including all people where the owner is a company.

Land Use Permissibility

Both land uses are a ‘P’ use in 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.

Consistency with the Zoning

The mixed use development is considered to meet the objectives of the zone as it will introduce two new land uses to the zone, will provide residential accommodation and will provide pedestrian access from the street. The Holiday Accommodation use will not prejudice the ability of the residence operating as a single bedroom dwelling in the future.

Car parking

In accordance with Table 2 of the Scheme, the proposed development requires eight (8) car parking bays for the 30 patrons the Restaurant is designed to cater for and one (1) bay for the dwelling to be used for Holiday Accommodation – Holiday House. The applicant is proposing six (6) on-site bays including an accessible bay and one (1) loading/reversing bay.

This is summarised in the table below:

Scheme Land Use	Table 2 requirement		Provided
Dwelling	R-Codes	1	1
Restaurant	1 per every 4 patrons	7.5	5
	Total	9	6

There is a shortfall of three (3) car parking spaces on-site. This is considered acceptable given the on-street parking available directly in front of the proposed development and the potential for reciprocal shared access over the bay allocated to the dwelling.

Approval to the application will therefore require a variation of the Scheme requirements in respect of carparking to allow the shortfall of three (3) parking bays.

State Planning Policy 3.1 – Residential Design Codes

In accordance with Clause 5.32.2.2 of the Scheme relating to mixed use development (a combination of residential and non-residential uses), the provisions of the Residential Design Codes (R-codes) apply to the residential component of the development (at R30 density), and the provisions of the Scheme to the non-residential component of the development. As such, the proposal meets the deemed to comply provisions with the exception of the boundary setback and vehicle access as discussed below.

Lot Boundary Setback

The western wall is proposed with a nil setback to the boundary with a maximum height of 4.6m to the front of the site, decreasing to 4.1m toward the rear. In accordance with the R-Codes, walls on one side boundary are acceptable in an R30 area up to 3.5m high with an average of 3m or less. The variation was referred to adjoining neighbours, no objections were received.

In accordance with clause 6.1.4 of the R-Codes, where the boundary wall exceeds the acceptable criteria, the building is to designed so as to “moderate the visual impact of building bulk on the neighbouring property.”. In this case the applicant has agreed to install an artwork/mural in order to reduce the impact of the building bulk.

Vehicular Access

As demonstrated on the submitted plans, the applicant is proposing a 2.78m width drive-way and a 650mm pedestrian path, passing between the building and the properties eastern side boundary. The applicant is also providing a loading/reversing bay to allow cars to hold for traffic entering into the parking area and to ensure that vehicles may enter and leave the site in forward gear.

Clause C5.4 of the R-Codes identify that, driveways longer than 15m are to be designed for two way access in order to meet ‘Deemed to Apply’ provisions. Where these requirements cannot be met, the R-Codes stipulate access must be established to provide:

· Vehicle access safety;

· Legible access;

· Pedestrian safety; and

· High quality landscaping features.

In this case, the proposed driveway is 19m and services both the residential and commercial component of the development. As this does not comply with the R-Code ‘Deemed to Apply” provisions, the application must be assessed against the above principals.

The Shire of Manjimup’s Standard Specification for Urban Crossovers state that for commercial development a 3m minimum width crossover is required for one-way traffic and 6.0m minimum for two-way traffic. In addition to ensure access for the loading and unloading of vehicles, clause 5.18.4(iii) of the Scheme specifies a minimum access way width of 3m.

If the pedestrian access path was omitted from the design or designed as line marking only, the drive-way and crossover would comply with the one-way commercial standards. Council’s Works and Services Directorate advises that this situation would be acceptable, provided that the applicant can demonstrate safe vehicle and pedestrian movement through appropriate management techniques.

To this end, it is recommended that the applicant be required to prepare a detailed vehicle and access movement plan identifying signage and other means such as mirrors to minimise the potential for vehicle conflict.

As Nockolds Street is included in the road reserve for South West Highway the application was referred to Main Roads WA for comment. It raised concerns with regards to the single width access for vehicles entering and leaving the property with potential conflicts. Main Roads WA also made recommendations on how the applicant might overcome the conflicts, however, these do not appear to be appropriate to the site conditions.

Day to Day Management

The residential component of the development is proposed to be used for a Holiday Accommodation – Holiday House.

The key elements of the Holiday House proposal are:

· key collection will be in a coded lock box;

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

· the cleaning is to be undertaken by a local cleaner;

· no signage is proposed;

· there is an Emergency Management Plan that has been submitted;

· there is parking for one car in a commercial car parking area; and

· bookings will be online from a website.

The submitted management plan indicates that a person who resides in Yallingup will manage the Holiday House will be managed by, being more than three (3) hours from the Holiday House. It is recommended that a condition be placed on any approval granted by Council, requiring a local manager residing within 30 minutes of the Holiday House to be nominated.

Health (Miscellaneous Provisions) Act, 2016

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

Guest Register

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

Conclusion

The mixed use development Restaurant (café) and Holiday House at Lot 26 (6) Nockolds Street, Walpole seeks variation for a car parking shortfall and wall on the boundary. It is recommended that Council support these minor variations as the impact is able to be mitigated.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No. 4.

Policy / Strategic Implications:

The application has been assessed in accordance with the provisions of State Planning Policy 3.1 – Residential Design Codes and Local Planning Policy 6.1.5 – Holiday Houses.

The proposed development aligns with the Strategic Community Plan 2017-2027 by delivering on the following:

B9 - Encourage and support initiatives to encourage extended service provision and activate town centres.

D9 - Develop town centres to show case their unique characters and encourage vibrant, mixed-use commercial and public spaces;

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: The proposal if approved by Council will allow the proponent to increase business activity to the town centre creating employment opportunities.

Social: As no objections to the proposal have been received concerning the proposal, it is considered that there will be no negative social impacts.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants development approval for the proposed Mixed Use Development – Restaurant (Café) and Holiday Accommodation – Holiday House on Lot 26 (6) Nockolds Street, Walpole (Application TP157/2018) in accordance with the submitted plans as Attached 9.5.2(1) and subject to the following conditions:

1. 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;

Reference	Document Title	Date Received
A-100 A	Site Plan	18 October 2018
A-200 B	Floor Plan	16 November 2018
A-300 A	Elevations 1	18 October 2018
A-301 A	Elevations 2	18 October 2018
	Management Plan	21 November 2018
	Emergency Management Plan	21 November 2018

2. A dilapidation report, prepared at the applicants expense, documenting the current state of the verge, footpath and road shall be prepared and submitted to the Shire of Manjimup for approval prior to the commencement of any works associated with the development.

3. Prior to commencement of the development hereby approved, a schedule of colours and textures shall be submitted to the Shire of Manjimup, demonstrating that the proposed development will be clad or coloured to complement either the surroundings in which it is located or adjoining developments to the satisfaction of the Chief Executive Officer. The use of reflective materials and colours is not permitted.

4. The proposed boundary wall shall be designed and detailed with a high level of articulation and visual interest to the satisfaction of the Shire of Manjimup, in consultation with the neighbouring landowner. Blank walls are to be minimised. Details of which are to be submitted and approved prior to the lodgement of a Building Permit application.

5. 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.

6. A vehicle and access movement plan shall be submitted and approved to the satisfaction of the Shire of Manjimup, prior to the application for Building Permit, that addresses the following:

o Vehicle access safety;

o Legible access;

o Pedestrian safety; and

o High quality landscaping features.

7. The existing crossover is to be rehabilitated to include brick paving to match the Walpole Streetscape paving design, kerb and realigned on-street car parking bays to the satisfaction of the Shire of Manjimup prior to the occupation of the development.

8. The vehicular crossover between the subject land and Nockolds Street is to be located, designed, constructed, sealed and drained to the satisfaction of the Shire of Manjimup prior to occupation.

9. All stormwater and drainage runoff is to be retained on the subject property or be provided with stormwater drainage connections to the comprehensive district drainage system in the area at the developers cost to the satisfaction to the Shire of Manjimup.

10. All delivery/collection points and rubbish storage areas are to be designed and located to minimise noise, odour, visual intrusion and/or other factors potentially adversely affecting the character and/or amenity of residents and properties in the vicinity to the satisfaction of the Shire of Manjimup.

11. The car parking spaces, access ways and vehicle manoeuvring areas shown on the approved plan shall be laid out and constructed at the time of the development and prior to the occupation of the land and/or buildings for their approved purpose and those areas shall thereafter be permanently maintained by the owner/occupier as vehicle parking and manoeuvring areas to the satisfaction of the Shire of Manjimup.

12. A minimum of one accessibility car bay shall be maintained on site at all times in accordance with the Australian Standard 2890.1 –2009, and connected to a continuous accessible path to the main entrance of the building or facility. The design and signage of the bay(s) and path(s) are to be in accordance with the Australian Standard 1428.1 – 2009.

13. A plan of landscaping must be submitted to, and approved by the Shire of Manjimup, prior to application being made for building permit and shall include the following:-

a) The location, number and type of existing and proposed trees and shrubs including calculations for the landscaping area to the satisfaction of the Shire of Manjimup;

b) Any trees/shrubs to be removed;

c) Any natural landscaped areas to be retained;

d) Those areas to be reticulated or irrigated;

e) Verge treatments; and,

f) Location and type of fencing and/or paving to be installed.

14. Prior to commencement of the Holiday House use hereby approved, the applicant shall nominate a local manager located within 30 minutes of the Holiday House to the satisfaction of the Shire of Manjimup.

15. Prior to commencement of the Holiday House use hereby approved, the applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup.

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

17. The Holiday House is not to be occupied by a person for more than three (3) months within any twelve (12) month period.

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

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

20. Any proposed advertising signage for the development beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4, will require the further approval of the Shire of Manjimup.

Advice to Applicant:

a) This Development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.

b) That the approved development must comply with all relevant provisions of the Health Act, 1911 (as Amended) and the National Construction Code.

c) If public consumption of alcohol is likely to occur on the subject premises, additional requirements may be imposed by the Liquor Licensing Division of the Department of Racing, Gaming and Liquor. It is recommended that the proponent consult with the Liquor Licensing Division, either directly (on 1800 634 541) or via the website: www.rgl.wa.gov.au for further information.

d) With regards to Condition 17, the manager/operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the Shire of Manjimup, and the register shall be made available for perusal by the Shire of Manjimup on demand.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27666

Reference	Document Title	Date Received
A-100 A	Site Plan	18 October 2018
A-200 B	Floor Plan	16 November 2018
A-300 A	Elevations 1	18 October 2018
A-301 A	Elevations 2	18 October 2018
	Management Plan	21 November 2018
	Emergency Management Plan	21 November 2018

6. A vehicle and access movement plan shall be submitted and approved to the satisfaction of the Shire of Manjimup, prior to the application for Building Permit, that addresses the following:

o Vehicle access safety;

o Legible access;

o Pedestrian safety; and

o High quality landscaping features.

8. The vehicular crossover between the subject land and Nockolds Street is to be located, designed, constructed, sealed and drained to the satisfaction of the Shire of Manjimup prior to occupation.

13. A plan of landscaping must be submitted to, and approved by the Shire of Manjimup, prior to application being made for building permit and shall include the following:-

a) The location, number and type of existing and proposed trees and shrubs including calculations for the landscaping area to the satisfaction of the Shire of Manjimup;

b) Any trees/shrubs to be removed;

c) Any natural landscaped areas to be retained;

d) Those areas to be reticulated or irrigated;

e) Verge treatments; and,

f) Location and type of fencing and/or paving to be installed.

15. Prior to commencement of the Holiday House use hereby approved, the applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup.

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

17. The Holiday House is not to be occupied by a person for more than three (3) months within any twelve (12) month period.

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

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

20. Any proposed advertising signage for the development beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4, will require the further approval of the Shire of Manjimup.

Advice to Applicant:

a) This Development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.

b) That the approved development must comply with all relevant provisions of the Health Act, 1911 (as Amended) and the National Construction Code.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.3 Proposed Dam with a Setback Variation on Lot 102 Tammar Terrace, Northcliffe

PROPONENT	Mr PS & Mrs AL Htun
OWNER	Mr PS & Mrs AL Htun
LOCATION / ADDRESS:	Lot 102 Tammar Terrace, Northcliffe
WARD:	Coastal
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/141; P57973
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Jocelyn Baister
DATE OF REPORT:	19/11/2018
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for approval to a small dam with a reduced setback on the subject land, being a 1.22ha vacant property that is located approximately 3km west of the Northcliffe townsite on the western side of Tammar Terrace. A location plan is shown below.

LOCATION PLAN

The dam is proposed within a low-lying area of the property to catch winter rains that will be stored and used to irrigate a small plot of fruit and nut trees during the summer months. Details submitted with the application indicate the dam will be 15m by 9m (135m²) and will have a depth of 400mm. The dam is to be setback 20m from the side boundary and 8m from the rear boundary. Site plans and specifications are attached.

ATTACHMENT: 9.5.3(1)

As reflected on the submitted plans, the applicant initially proposed to place a sea container on the vacant lot, however could not adequately demonstrate that it was part of a staged development of the property within the next two (2) years. As a result they have since removed the sea container from details of the application.

Council is requested to determine the application given that the application requires a relaxation of the rear setback, which would normally be required in other rural type zones.

PUBLIC Consultation Undertaken:

The application was referred to the adjacent landowner for comment in accordance with Clause 9.6 of the Scheme. No comments were provided in response.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No. 4 (the Scheme) include the subject land within the Rural-Residential Zone. To assist Council in determining the application, the following comments are offered:

Classification of Development

Although small in size, the proposed works are consistent with the definition of a dam, which the Scheme defines as follows:

“dam” means any man-made structure or excavation designed and constructed to intercept, accumulate and impound water flowing across, through or under any land and includes an off-stream dam, an on-stream dam, a gully-wall dam, a turkey-nest dam, an excavated soak and any structure, excavation or other device designed to act either solely or partly as a nutrient stripping basin but does not include ornamental ponds or other water features associated with landscaping and gardens;

Land Use Permissibility

Whilst a dam constitutes a development, the Scheme provisions do not recognise a dam as a separate use class, with dams usually being associated with another activity (e.g. agriculture). In this case, the dam will be associated with a Rural Pursuit, which is a ‘D’ use within the Rural-Residential Zone. That is, a use that is not permitted, “unless the local government has exercised its discretion by granting planning approval”.

Setbacks

Clause 5.36.2.3 of the Scheme prescribes the following setbacks for development within the Rural-Residential Zone:

Boundary Description		Required setback
a)	Setback from a road boundary	20 metres
b)	From other boundaries	10 metres
c)	From a boundary with State Forest, National Park, Nature Reserve, Reserve for Conservation or local government managed land	100 metres

Approval to the application therefore requires a relaxation of the rear setback from the required 10 metres to a reduced setback of 8 metres.

The adjoining landowners were requested to comment on the setback relaxation and there were no objections to the proposal.

Conclusion

Given the proposed dam is to be excavated below ground level it is considered that the reduced setbacks will not detrimentally impact on the amenity of the surrounding area. Conditional approval is therefore recommended.

STATUTORY ENVIRONMENT:

The Planning and Development Act 2005

The Shire of Manjimup’s Local Planning Scheme No. 4

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

The development application fee has been paid in full.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Clause 5.5 of the Shire of Manjimup Local Planning Scheme No.4 grant planning approval for the Dam in the southern corner of Lot 102 Tammar Terrace, Northcliffe (Application TP 137/2018) in accordance with the plans and specifications attached at attachment 9.5.3(1) and subject to the following conditions and advice:

1. The development hereby approved must be carried out generally in accordance with the plans and specifications as marked and submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent from the Shire of Manjimup;

Reference	Document Title	Date Received
Lot 102 Site	Site Plan	10 August 2018
Project (ii)	Specifications	10 August 2018

2. Water from the dam shall not accumulate across property boundaries;

3. Any proposed associated pumps and ancillary structures (excluding pipes) are to be located within the approved dam setbacks; and

4. All drainage runoff associated with the dam is to be retained on the subject property or be discharged into the adjacent road reserve at the developers cost to the satisfaction to the Shire of Manjimup.

Advice to Applicant:

a) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27667

Reference	Document Title	Date Received
Lot 102 Site	Site Plan	10 August 2018
Project (ii)	Specifications	10 August 2018

2. Water from the dam shall not accumulate across property boundaries;

3. Any proposed associated pumps and ancillary structures (excluding pipes) are to be located within the approved dam setbacks; and

Advice to Applicant:

a) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.7.1 Proposed Parking Local Laws 2018

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170066
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	19/11/2018
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider modifying and re-advertising the Shire of Manjimup Draft Parking Local Laws 2017.

Council resolved to adopt for advertising purposes, a new single comprehensive Parking Local Law at its Ordinary Meeting held on 22 June 2017. The draft Local Law was proposed to replace and substantially update the following current Local Laws:

· Parking By-Laws and Stands for Vehicles published in the Government Gazette on 1 May 1957;

· Model By-Laws (Parking of Commercial Vehicles on Street Verges) No 20 published in the Government Gazette on 3 August 1979; and

· Uniform General – (Parking for Disabled Persons) By-Laws as published in the Government Gazette on 2 March 1990.

Copies of the current Local Laws are attached as Appendix A, whilst a copy of the draft Local Law, as adopted for advertising purposes, is shown as Appendix B.

APPENDIX: 9.7.1(A)

APPENDIX: 9.7.1(B)

Advertising of the draft Local Law was subsequently completed in accordance with the requirements of the Local Government Act. At the close of advertising no submissions were received.

At its Ordinary Meeting held on 7 December 2017, Council was requested consider adoption of the draft Local Law. Having regard to the fact that no submissions were received, Council resulted to adopt the draft Local Laws and make arrangements for their gazettal.

Due to an administrative issue with the Local Law process, the draft Local Laws have not been finalised at this stage.

A detailed examination of the draft Local Laws has subsequently identified a potential flaw in respect of parking on verges. It is highly recommended that this matter be addressed before finalisation of the Local Laws. Further information regarding this matter is provided in the comment section below.

Due to the time that has elapsed, re-advertising of the draft Local Law will be required.

PUBLIC Consultation Undertaken:

The Draft Local Law was previously advertised for public comment over a 6 week period. As required by the Local Government Act 1995, both Statewide and Local notice was given with advertisements appearing in the West Australian Newspaper as well as the Manjimup Bridgetown Times, the Karri Pidgeon and the Walpole Weekly.

The advertising period closed on 13 October 2017. Whilst two queries were received and answered, no formal submissions were received.

COMMENT (Includes Options):

Currently clause 3.6(3)(f) states that no vehicle shall be parked on any footpath, children’s crossing or pedestrian crossing. However, the draft Local Laws permit stopping on a verge in accordance with the following clause:

4.10 Stopping on verge

(1) A person shall not stop so that any portion of the following is on or projects over a verge –

(a) a vehicle (other than a bicycle);

(b) a commercial vehicle or any combination of vehicles that exceeds 4.5 tonnes GVM, a public bus, a trailer or caravan unattached to a vehicle; or

(c) any vehicle (other than a bicycle) during any period when the stopping of vehicles on that verge is prohibited by a sign adjacent and referable to that verge.

(2) Subclause (1 )(a) does not apply to the person if he or she is the owner or occupier of the land adjacent to that verge, or is a person authorised by the occupier of that land to stop the vehicle so that any portion of it is on the verge.

(3) Subclause (1 )(b) does not apply to a commercial vehicle or any vehicle with a GVM that exceeds 4.5 tonnes when it is being loaded or unloaded with reasonable expedition with goods, merchandise or materials collected from or delivered to the land adjacent to the portion of the verge on which the vehicle is parked, provided no obstruction is caused to the passage of any vehicle or person using a carriageway or a path.

Clause 4.10(2) effectively permits a person to park any vehicle on a verge with the adjacent landowners permission. Furthermore clause 4.10(3) permits a commercial vehicle to stop on a verge when completing deliveries or collecting goods, provided that no obstruction is caused.

Whilst clause 3.6(3)(f) would make it illegal to “park” over a footpath, there is concern that clause 4.10 would effectively mean that delivery trucks attending the Central Business District (CBD) could, with the adjacent property owners permission, “stop” on newly paved verge within the CBD whilst loading or unloading.

In order to prevent this practice, it is recommended that the following additional clause by added to clause 4.10:

(4) Notwithstanding the above, a person shall not, without the prior written approval of the local authority, stop or park any vehicle so that any portion of that vehicle is located on any footpath, children’s crossing or pedestrian crossing.

To ensure further clarity is recommended that the following clause also be added to part 5 relating to parking in the Central Business District:

5.5 No Vehicles on Verge

(1) A person shall not, without the prior written approval of the local authority, stop or park any vehicle so that any portion of that vehicle is located on any footpath, children’s crossing, pedestrian crossing or other verge treatment within the CBD.

The newly drafted clauses have been incorporated into a new draft Shire of Manjimup Parking Local Laws 2018 as shown at Attachment: 9.7.1(1).

ATTACHMENT: 9.7.1(1)

Should the Local Laws be successfully introduced, the most significant changes to current regulations are summarised as follows:

a) Gaps in the current local laws for parking regulations such as Loading Bays, clearance from fire hydrants, driveways and intersections;

b) Updated Penalties; and

c) Elected Members will, by Council resolution, have the ability to introduce timed parking, restricting the time that vehicles may park within street side parking in identified areas (i.e. Manjimup CBD).

It should be noted that the Draft Parking Local Laws have been based on Local Laws gazetted within several local governments.

STATUTORY ENVIRONMENT:

The provisions of the Local Government Act 1995 enable Western Australian Local Government to make local laws considered necessary for the good governance of their districts. The procedure for making a local law, which is prescribed by section 3.12 of the Act.

As detailed in section 3.12 of the Act, Draft Local Laws must be adopted by Absolute Majority and must contain a clear statement/notice of purpose and effect of local.

In this regard, the proposed purpose and effect of the Draft Shire of Manjimup Parking Local Law 2017, the purpose and effect of the Local Laws are as follows:

Purpose – to provide for the management of operation of parking throughout the Shire of Manjimup.

Effect – to repeal existing local laws and requiring a person parking a vehicle within the district is to comply with the provisions of this local law and any restrictions within areas specifically signed or marked.

Policy / Strategic Implications:

The adoption of new Parking Local Laws will ensure that Shire Rangers have adequate statutory authority to ensure the regulation of Vehicle Parking within the district.

Organisational risk management:

Failure to introduce new comprehensive parking local laws could result in ongoing issues associated with the inappropriate parking of vehicles within the community.

Financial Implications:

Costs associated with finalising the Draft Local Law will be wholly contained within the Shires approved budget for the 2018/19 financial year.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The regulation of parking within the district ensures that the parking of vehicles does not detrimentally impact on the amenity or safety of the community. The introduction of timed parking within Manjimup CBD will ensure that, where required, parking bays are made available for the parking of customer vehicles and are not used for all day parking.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That notwithstanding Council’s previous decision (Resolution No 27286), Council proceed with advertising of the revised draft Local Law – Parking 2018 as follows:

1. pursuant to the Local Government Act 1995 section 3.12(3) and (3a), and all other legislation enabling it, give Statewide and local public notice that it intends to make the Shire of Manjimup – Parking Local Law 2018, as shown at Attachment: 9.7.1(1) with the following purpose and effect:

Purpose – to provide for the management of operation of parking throughout the Shire of Manjimup.

Effect – to repeal existing local laws and requiring a person parking a vehicle within the district is to comply with the provisions of this local law and any restrictions within areas specifically signed or marked.

2. Advertise the Draft Local Laws as referred to in point 1 above for a period of not less than 6 weeks, with advertisements to appear in the Western Australian Newspaper and all local newspapers circulating within the district;

3. In accordance with the Local Government Act 1995 section 3.12(3) advise the Minister for Local Government of the proposed local laws; and

4. Await a further report on the draft Local Laws following the completion of the advertising period referred to in point 2 above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27669

That notwithstanding Council’s previous decision (Resolution No 27286), Council proceed with advertising of the revised draft Local Law – Parking 2018 as follows:

Purpose – to provide for the management of operation of parking throughout the Shire of Manjimup.

3. In accordance with the Local Government Act 1995 section 3.12(3) advise the Minister for Local Government of the proposed local laws; and

4. Await a further report on the draft Local Laws following the completion of the advertising period referred to in point 2 above.

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.12.3 Proposed Closure of Portion of the Unconstructed Rana Road Reserve

PROPONENT	Newton Brothers Pty Ltd
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Rana Road, Ringbark
WARD:	North
ZONE:	General Agriculture
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180277
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Roisin Olsen
DATE OF REPORT:	6 December 2018
DECLARATION OF INTEREST:	Director of Community Services is in a relationship with one of the business owners and had no involvement in the preparation of this report.

Background:

Council has received a request to close a portion of unconstructed road reserve in the vicinity of Rana Road, Ringbark. The subject portion adjoins Lot 440 Ralston Road owned by the proponent. It is the intent to amalgamate the closed road reserve into this existing property. The proponent intends to make use of the additional land to manage water which is ponding in the reserve. The image below shows the location of the road reserve in relation to the nearest township of Manjimup.

PUBLIC Consultation Undertaken:

Nil. If supported, in accordance with the Land Administration Act 1997, public notice advertising will be required. Direct consultation with neighbouring property owners and Government Service agencies will also be undertaken.

COMMENT (Includes Options):

The image below shows the portion of unconstructed road reserve proposed for closure. It is located between Lot 440 (206) Ralston Road, owned by the proponent, and Lot 12614 (186) Ralston Road, owned by another party. The subject portion of unconstructed road reserve is referred to locally as Ralston Road Reserve however Shire records indicate that it extends along Rana Road Reserve. It measures approximately one (1) hectare in area.

The proponent has been requested by the Department of Water and Environmental Regulation (DWER) to obtain Shire approval to utilise the road reserve for ponding of water. Under the Local Government Act 1995, the Shire is unable to provide this approval as road reserves are vested in the State with only the care, control and management of public roads or thoroughfares passing to the relevant local government authority. As such, a road closure and subsequent amalgamation of the proposed section of road reserve into the proponent’s adjoining property will be the only viable option to fulfil DWER’s requirements.

The proposal will allow for the retention of a 20m road reserve and given that this meets Shire policy and will prevent any land lock issues for adjoining property owners in the area, it is recommended Council resolve to approve closure of this portion of the reserve and subsequent amalgamation into Lot 206 subject to the public consultation period.

STATUTORY ENVIRONMENT:

The Land Administration Act 1997 requires Council to resolve to close a public road providing the prescribed public consultation has been completed.

Policy / Strategic Implications:

Closing unnecessary road reserves serves to reduce the overall land management burden on Council. The total approximate area to be closed through this proposal is one hectare.

Organisational risk management:

Nil

Financial Implications:

There are no financial implications for Council. The progression of the road closure is on the basis that the proponent pays all fees and assumes all the associated costs including survey fees. The Shire’s fee for this process is $990 and has been paid by the proponent. Future sale of the closed portion of road reserve will be entirely negotiated and handled by the Department of Planning, Lands and Heritage.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Support the public consultation of the proposed road reserve closure, and amalgamation into Lot 206 Ralston Road, in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

2. Support the closure of the portion of Rana Road, road reserve and, pending public consultation, forward the request to the Minister for Lands for approval; and

3. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27671

That Council:

2. Support the closure of the portion of Rana Road, road reserve and, pending public consultation, forward the request to the Minister for Lands for approval; and

3. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.16.2 Minutes of Manjimup Town Centre Revitalisation Committee held on 31 October 2018

PROPONENT	Manjimup Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Manjimup Central Business District
WARD:	Central
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170454
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	26/11/2018
DECLARATION OF INTEREST:	Nil

Background:

The Manjimup Town Centre Revitalisation Committee is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. The current Terms of Reference are appended.

APPENDIX: 9.16.2(A)

At its latest committee meeting, held on 31 October 2018, the committee received a short presentation from Mr Sam Karamfiles, representing the firm appointed to construct the three roof sections over Brockman Street. The committee was asked to give further consideration to the use of timber surrounds for the roof uprights.

A copy of the unconfirmed minutes is shown attached.

ATTACHMENT: 9.16.2(1)

As reflected within the minutes, several motions were passed making recommendations to Council in respect of the construction work to be completed in Brockman Street. These motions are detailed within the comment section below.

PUBLIC Consultation Undertaken:

Other than committee input, no public consulation has been undertaken in respect of those matters considered by the committee at the meeting.

COMMENT (Includes Options):

Following detailed discussion and consideration the committee passed the following resolutions that require the further consideration of Council:

Manjimup Town Centre Revitalisation Committee Decisions		Officers Comments
1.	In respect of the Brockman Street roof structures, the committee support the use of galvanised and aged steel for the cladding of upright posts as opposed to the timber previously identified.	The recommendation should be supported. Refer to comment section below.
2.	That red exposed aggregate concrete similar to Urbanstone ‘Fibonacci’ (to match the existing Midland Brick pavers) be used to identify pedestrian accessways in Brockman Street and with the darker colour similar to Holcim ‘Buracup’ to be used for the alfresco areas.	The recommendation be supported and form the basis of the request for quote relating to the supply and installation of exposed aggregate concrete in Brockman Street.
3.	The draft landscaping concept plan, be supported with landscaping at each end of the Brockman Street precinct and a water refill station with dog bowl at Post Office.	The committee’s support be noted and Shire Officers authorised to proceed with the draft design.
4.	The committee support the use of the Lillypilly and Little John as the lower planting and defer consideration on the larger trees.	The committee’s support be noted and Shire Officers authorised to proceed with the draft design using the nominated species.
5.	Consideration of the location of the alfresco dining be deferred until next meeting.	The decision be noted.

Use of Timber versus Aged Steel

As reflected within the minutes, the most notable decision of the committee was to effectively move away from the use of timber as a surround for the upright posts associated with the Brockman Street Roof. Previously the committee resolved to support the use of timber for the first 4.5m of the upright support posts associated with the roof structures in Brockman Street.

The appointed contractor has now expressed concerns with the committee over the use timber due to the potential for:

· the timber to warp;

· maintenance issues; and

· vandalism.

As an alternative the contractor has recommended the use of Galvanised steel with laser cut, backlit Aged Steel decorative panels. The committee will be requested to consider the potential designs for these panels at its next meeting.

There are two common metal products used in the construction industry that have an aged or weathered appearance. The first of these, corten steel, is a relatively thin steel alloy developed to eliminate the need for painting through the formation of a stable rust-like appearance after several years of weather exposure. Corten is often used in public artworks, but can be problematic with rainwater runoff from the material staining surrounding materials (i.e stains on exposed aggregate concrete).

Aged Steel is where a chemical treatment is applied to mild steel to artificially age the steel with a patina. Once treated a top coat/sealer may be applied to the steel to prevent further rusting. Anedocatal evidence has suggested that rust staining may still occur with aged steel.

Whilst the majority of the upright posts will be galvanised and somewhat protected from the weather, to prevent rust from the feature panels staining the exposed aggregate concrete that will surround the upright posts, it is recommended that:

a) Measures be taken to ensure that the material is appropriately sealed;

b) The detailed design ensure that the upright posts are separated from the exposed aggregate concrete by a suitable permeable material that will minimise rainwater runoff onto the adjacent concrete; and

c) An appropriate sealant be applied to the exposed aggregate concrete once installed to minimise the potential for staining.

To ensure a high standard of presentation, the author of this report recommends that consideration be given to the feature panels closest to Giblett and Rose Streets being constructed of stainless steel or another material to identify the extent of the Food and Beverage precinct.

Exposed Aggregate Concrete – Colour Selection

As reflected within the unconfirmed minutes, the committee has recommended that use of a red exposed aggregate concrete for pedestrian accessways within Brockman Street. With colours to match the existing Red Midland Brick, the use of red exposed aggregate concrete for footpaths will provide will provide visual continuity whilst ensuring a subtle distinction between Brockman Street and the balance of the CBD.

Use of a darker contrasting colour is highly recommended for the alfresco dining area(s), minimising the potential for dark stains to detract from the appearance over time. That said is it strongly recommended that the two materials selected use the same aggregate mix to ensure a consistent stone and texture.

Both of the materials recommended by the committee are made using the same aggregate mix. It is therefore recommended that the committee recommendation be supported.

Landscape Design

As reflected within the unfirmed minutes, Shire officers presented some draft concepts for landscaping within Brockman Street. These concepts were based on:

a) Introduction of landscaped garden beds adjacent to the intersections with both Giblett and Rose Streets, guiding pedestrians to use designated points to cross the adjacent streets;

b) A range of fixed seating options adjacent to the landscaped garden beds;

c) The use of red exposed aggregate concrete for pedestrian paths within the street;

d) The use of a darker exposed aggregate concrete in the alfresco dining and several other complementary areas; and

e) Street trees within the alfresco dining area.

A copy of the draft plan as presented to the committee is shown attached.

ATTACHMENT: 9.16.2(2)

Whilst the committee has agreed to the primary plants to be used within the proposed garden beds, further consideration will be given to tree selection at the next committee meeting.

In the interim Council is requested to support the preliminary design, having regard to the feedback from the committee. This will allow Shire Officers to proceed with detailed designs for the committee’s consideration.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

The redevelopment of the Brockman Street/Coronation Park precinct is consistent with the objectives of the Manjimup SuperTown Growth Plan and numerous goals and strategies contained within the Strategic Community Plan 2017-2027. Such strategies include, but are not limited to:

· Goal 2.1 – Ensuring new people and new businesses are attracted to the region;

· Goal 2.6 – The Region grows in reputation as a world-class culinary, agricultural, environmental and trails tourism destination.

· Strategy D9 – Develop town centres to showcase their unique characters and encourage vibrant, mixed use commercial and public spaces.

Organisational risk management:

Nil

Financial Implications:

Should Council resolve to support the final draft design for the Brockman Street precinct, all costs associated with the completion of detailed construction drawings will be wholly contained within the approved project budget. The ability for the Shire to implement all aspects of the proposed Design for Brockman Street will be subject to available funding.

Sustainability:

Environmental: Adjusting the proposed Brockman Street roof design is consistent with Community Goal number 1.2 of the Shire of Manjimup Strategic Community Plan, being to ensure sustainable development.

Economic: Construction of a roof over Brockman Street as proposed will facilitate the proposed food and beverage precinct, ensuring opportunities for new business and further promotion of the region as a culinary destination in accordance with Community Goals 1.1 and 1.5 of the Shire of Manjimup Strategic Community Plan.

Social: Upgrading of Brockman Street as proposed will facilitate the Food and Beverage Precinct, consistent with the Manjimup Growth Plan.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receives the unconfirmed minutes of the Manjimup Town Centre Revitalisation Committee meeting held on 31 October 2018 as shown at Attachment: 9.16.2(1);

2. Authorises the Chief Executive Officer to negotiate with Karamfiles Builders over the use of a combination of Galvanised and Aged Steel backlit feature panels for the upright posts of the Brockman Street rooves, as opposed to timber cladding, which was identified in Tender RFT 07/18.

3. Request that the Chief Executive Officer ensure that detailed designs of the upright posts address the following matters to prevent the aged steel feature panels staining the adjacent exposed aggregate concrete:

a) Measures be taken to ensure that the material is appropriately sealed;

c) An appropriate sealant be applied to the exposed aggregate concrete once installed to minimise the potential for staining.

4. Approve the use of the following materials for footpaths and alfresco dining areas within Brockman Street as identified by the Manjimup Town Centre Revitalisation Committee:

a) Red exposed aggregate concrete similar to Urbanstone ‘Fibonacci’, to match the existing Midland Brick pavers within the Central Business District be used to identify pedestrian accessways; and

b) The use of Holcim ‘Buracup’ for the alfresco areas; and

5. Request the Chief Executive Officer proceed with final designs for landscaping within Brockman Street having regard to the feedback provided by the Manjimup Town Centre Revitalisation Committee.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27674

That Council:

1. Receives the unconfirmed minutes of the Manjimup Town Centre Revitalisation Committee meeting held on 31 October 2018 as shown at Attachment: 9.16.2(1);

a) Measures be taken to ensure that the material is appropriately sealed;

c) An appropriate sealant be applied to the exposed aggregate concrete once installed to minimise the potential for staining.

4. Approve the use of the following materials for footpaths and alfresco dining areas within Brockman Street as identified by the Manjimup Town Centre Revitalisation Committee:

a) Red exposed aggregate concrete similar to Urbanstone ‘Fibonacci’, to match the existing Midland Brick pavers within the Central Business District be used to identify pedestrian accessways; and

b) The use of Holcim ‘Buracup’ for the alfresco areas; and

5. Request the Chief Executive Officer proceed with final designs for landscaping within Brockman Street having regard to the feedback provided by the Manjimup Town Centre Revitalisation Committee.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.16.3 Minutes of the Northcliffe Town Centre Revitalisation Committee Meeting held on 20 November 2018

PROPONENT	Northcliffe Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Northcliffe Town Centre
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170455
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	26/11/2018
DECLARATION OF INTEREST:	Nil

Background:

The Northcliffe Town Centre Revitalisation Committee is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. The purpose of the committee is to:

· Monitor and review the Northcliffe Townscape Plans;

· Provide advice on priorities; and

· Assist in coordinating community participation.

A copy of the endorsed Terms of Reference is appended.

APPENDIX: 9.16.3(A)

At its Ordinary Meeting held on 27 September 2018, Council adopted, for the purposes of advertising, a final draft plan for Stage 1 of the revitalisation works within the Northcliffe Townsite. Advertising of the plan closed on 10 November 2018, with one submission received.

At the latest committee meeting, held on 20 November 2018, the committee was requested to consider final adoption of the draft Townscape Plans for Stage 1 of the Northcliffe Town Centre revitalisation program having regard to:

a) Feedback received during a public meeting held on Wednesday 17 November 2018; and

b) The single written submission received.

Council is now requested to consider the unconfirmed minutes and proceed with implementation of the draft plans for Stage 1 of the Northcliffe Town Centre Revitalisation Program. A copy of the draft minutes is attached.

ATTACHMENT: 9.16.3(1)

PUBLIC Consultation Undertaken:

In accordance with Council’s 27 September 2018 resolution, draft plans for Stage 1 of the Northcliffe Town Centre Revitalisation program were advertised for a period of 30 days. Advertising consisted of:

a) An advertisement appearing in the local Karri Pigeon, Manjimup Bridgetown Times;

b) Correspondence being forwarded to shop and business owners;

c) Notices being placed on public noticeboards within the town;

d) Signs to be erected at either end of Wheatley Coast Road;

e) Social Media; and

f) A public meeting being arranged with the Northcliffe Community to be attended by, as a minimum, the Director of Works and Services, Director of Development and Regulation and the Manager of Parks.

The public meeting was held on 17 November 2018 with a total of 11 members of the public in attendance together with members of the Northcliffe Town Centre Revitalisation Committee and Shire Officers. Notes from that meeting are shown attached.

ATTACHMENT: 9.16.3(2)

A single written submission was received from Southern Forest Arts during the advertising period. A copy of that correspondence is shown as Attachment No 3, whilst its content is addressed in the comment section below.

ATTACHMENT: 9.16.3(3)

COMMENT (Includes Options):

As reflected within the unconfirmed minutes, several resolutions were passed by the committee. The following table details those resolutions that require the consideration of Council:

Committee Recommendation		Officer’s Comment
1.	Support the adoption of the draft plans for Stage 1 of the Northcliffe Town Centre Revitalisation Works subject to the following matters, as raised during the public consultation program, being addressed: a) The comments in respect of using black asphalt for the road pavement are supported. The draft plans have been updated to reflect this. b) The potential for additional accessible parking compliant bay abutting Lot 15 Wheatley Coast Road; c) Solar Bollards are to be placed at all crossings/pram ramps in Wheatley Coast Road; d) New bins are to be sourced, with an appropriate top to limit water penetration.	The recommendation is supported. Refer to comment section for further information.
2.	That Southern Forest Arts be invited to attend the next meeting of the Northcliffe Town Centre Revitalisation Committee meeting to discuss future artwork projects and design for the Northcliffe Townsite.	The recommendation be noted. Shire Officers will arrange the invitation.
3	A detailed public information program be implemented following Council’s adoption of the plans relating to Stage 1 of the Northcliffe Town Centre Revitalisation Works.	The recommendation be supported. Further details provided in comment section below.
4	That further consideration be given to the bin colour selection at the next meeting of the Northcliffe Town Centre Revitalisation Committee meeting.	The committee had previously nominated green, which is no set aside pending further consideration.

To assist Council in considering the recommendations of the committee, the following advice is offered:

Finalisation of Plans

As detailed in the public consultation section above, feedback on the draft plans for Stage 1 was received from:

a) members of the public (11) who attended the public meeting held in Northcliffe; and

b) one submission being from Southern Forest Arts.

Officers within the Works and Services Directorate have completed a further review of the plan, implementing the changes to reflect the feedback obtained, including but not limited to:

i) The use of red asphalt for parking bays only, with black asphalt for the primary road and parking accessways; and

ii) Solar Bollards being installed at the pedestrian crossing points in Wheatley Coast Road.

A copy of the revised draft plan is shown attached.

ATTACHMENT: 9.16.3(4)

Should Council support the draft plan, the Director of Works and Services has advised that the works will be programmed to commence in early 2019, and will be completed prior to the end of the financial year. Should Council not support the plan, it should be noted that this will have a detrimental impact on the proposed works program.

Additional Funding

Whilst the committee’s encouragement to obtain further funding towards the revitalisation of Northcliffe Town Centre is both noted and respected, due to insufficient time and resources, it was not possible for Shire Officers to make application for Building Better Regions Fund – Stage 2.

Consideration should be given to utilising the Shires municipal funds to be used in future stages to leverage additional grant funding.

Conclusion

Officers from the Shire of Manjimup have for many years been liaising with the Northcliffe Town Centre Revitalisation Committee over the designs and staging of works associated with the revitalisation of the Northcliffe Central Business District.

The draft plans as shown at Attachment 9.16.3(4) have been endorsed by the committee and have been released for public comment, with only one submission being received. Given this, it must be assumed that the majority of the Northcliffe Community are supportive of the proposed works. It is therefore recommended that Council endorse the final draft plans and authorise the Chief Executive Officer to proceed with the works associated with Stage 1 of the revitalisation works.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Revitalisation of the Northcliffe Town Centre will ensure that the centre is accessible, attractive and inviting, whilst maintaining its unique character, consistent with Community Goal 4.4 as identified in the Shires Strategic Community Plan.

Organisational risk management:

Works to be undertaken in Stage 1 include the replacement of non-compliant accessibility ramps and will address a number of issues associated with unlevel ground within the Wheatley Coast Road carpark. The installation of compliant accessibility ramps and provision of level walkable ground will improve pedestrian safety.

Financial Implications:

All costs associated with works to revitalise the Northcliffe Town Centre are required to be in accordance with the Shire of Manjimup’s adopted 2018/19 annual budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The Shire of Manjimup’s Community Strategic Plan 2017-2027 details a number of relevant Community Goals in respect of Town Centres, being:

4.5 Town centres are accessible, attractive and inviting whilst maintaining their unique characters.

4.7 Parks and open spaces are attractive and create opportunities for people to come together, socialise and enjoy a range of activities.

4.9 Community infrastructure planning that response to an ageing demographic and is also inherently dementia and disability friendly.

Completion of Stage 1 of the Northcliffe Town Centre Revitalisation Program would be consistent with the above goals as set out within the Community Strategic Plan.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receives and notes the unconfirmed Minutes of the Northcliffe Town Centre Revitalisation Committee meeting held on 20 November 2018;

2. Endorses the Draft Plan for Stage 1 for revitalisation of the Northcliffe Town Centre as shown at Attachment: 9.16.3(4) and request that the Chief Executive Officer proceed with the proposed works; and

3. Request the Chief Executive Officer develop and implement a detailed public information program ensuring landowners within the Northcliffe Central Business district and residents of Northcliffe are advised of the proposed works and their timing.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27675

That Council:

1. Receives and notes the unconfirmed Minutes of the Northcliffe Town Centre Revitalisation Committee meeting held on 20 November 2018;

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.1.1 Delegations over End of Year Vacation Period from 6 December 2018 to 4 January 2019

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F161497
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
	21 November 2018
DECLARATION OF INTEREST:	Nil

Background:

At the Council meeting 27 September 2018, Council resolved that after 6 December 2018, Council will not meet again until the 17 January 2019.

The agenda for the 6 December 2018 meeting closed Friday 23 November 2018. This results in a period of 41 days elapsing before some matters will be considered by Council at the 17 January 2019 meeting, the agenda cut off for which is 4 January 2019.

The purpose of this report is to delegate decision making authority over this extended end of year vacation period.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Whilst the Chief Executive Officer has been delegated wide authority, which is partially delegated to other relevant officers, certain matters arise that require determination by Council only.

It is proposed that delegated authority be granted to the Chief Executive Officer for all Council functions (other than those matters requiring an absolute majority or specifically precluded by the Local Government Act 1995) to decide on matters that cannot be held over to the 17 January 2019 meeting.

Exercise of such authority requires support by the Shire President and the relevant ward Councillor/s and will be reported to the Council at the 17 January 2019 meeting.

This practice has been followed for the last 23 years with only 9 occurrences of exercised authority being necessary. One exercise of delegation occurred during the 2017/18 break and this was reported to Council at the 18 January 2018 meeting.

STATUTORY ENVIRONMENT:

Section 5.42 of Local Government Act 1995.

Policy / Strategic Implications:

The strategic implication for assigning such authority is to allow development and other matters to proceed in a timely manner when Council is not sitting. This is activity is considered to be corresponding with Community Goal 5.8 of Council’s adopted Strategic Community Plan 2017-2027 – “The Shire continuously improves organisational performance and service delivery”.

Organisational risk management:

By allowing the delegation of powers normally reserved for Council to the Chief Executive Officer, a measure of business continuity will by large be maintained throughout this period. Should Council elect not to approve the delegation, the timely actioning of Council’s statutory deadlines may be put at risk over this time.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council delegate to the Chief Executive Officer for the period 7 December 2018 to 4 January 2019 power to determine matters which cannot be held over until the 17 January 2019 Ordinary Council meeting subject to this delegation being limited to:

a) Subject to restrictions below, any matter that arises during the delegated period;

b) Any matter advertised for public comment to which no valid objection has been received;

c) Any matter to which the Shire President and relevant Ward Councillor/s raise no objection;

d) Preclusion of those matters with delegation prohibition under the Local Government Act 1995; and

e) A report being presented to the 17 January 2019 Council meeting detailing any such delegations exercised.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Taylor, R

27676

a) Subject to restrictions below, any matter that arises during the delegated period;

b) Any matter advertised for public comment to which no valid objection has been received;

c) Any matter to which the Shire President and relevant Ward Councillor/s raise no objection;

d) Preclusion of those matters with delegation prohibition under the Local Government Act 1995; and

e) A report being presented to the 17 January 2019 Council meeting detailing any such delegations exercised.

CARRIED: 11/0

APPENDIX

9.1.2 Proposed Repeal of By-Laws Relating to the Management of the Manjimup Olympic Swimming Pool

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 3000 Rutherford Street, Manjimup (Manjimup Regional AquaCentre)
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170065
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	5 November 2018
DECLARATION OF INTEREST:	Nil

Background:

The Manjimup Shire Council constructed the Manjimup Olympic Swimming Pool in the 1970’s. To aid in the management of the pool facility at that time, Council gazetted the By-Laws Relating to the Management of the Manjimup Olympic Swimming Pool on 2 June 1978 (the By-Law). This By-Law was then amended, and again gazetted on 3 August 1990. A copy of the By-Law and the Amended By-Law as gazetted by the State Law Publisher are appended.

APPENDIX: 9.1.2(A)

APPENDIX: 9.1.2(B)

Since that time, the original Manjimup Olympic Swimming Pool facility has been substantially upgraded and reconstructed as the Manjimup Regional AquaCentre, and as a result the By-Law has in effect become obsolete and do not align with contemporary aquatic facility management practice. Furthermore, Council’s adopted Fees & Charges have essentially replaced the content of the By-Law and currently guide the management of the facility, alongside the Department of Health’s Code of Practice for the Design, Construction, Operation, Management & Maintenance of Aquatic Facilities, and the Department of Mines, Industry Regulation and Safety’s Fair Trading (Fitness Industry Code of Practice) Regulations.

The purpose of this report is to request Council to initiate the necessary action to repeal the By-Law. This includes the need for the Presiding Member at the Council Meeting to read out the purpose and effect of the repeal of the By-Law in accordance with the provisions of the Local Government Act 1995.

PUBLIC Consultation Undertaken:

Nil at this time.

Should Council elect to repeal this By-Law, it is recommended by the author that advertisement of the notice to repeal commence in January 2019 to avoid the festive season and the Shire administration shutdown period.

COMMENT (Includes Options):

Section 3.12(8) of the Local Government Act 1995 requires the repeal of a By-Law to be undertaken in the same manner as if the local government was making a By-Law.

The process is summarised as follows:

1. Council resolves by simple majority vote to advertise the By-Law with the intent to repeal it (s.3.12(2)).

2. State-wide advertising of the By-Law and the intent to repeal it occurs with a comment period of not less than 6 weeks. The By-Law is to be made available for inspection and copies provided to persons upon request. Notice of Council’s intent to repeal the By-Law is also provided to the Minister for Local Government (s.3.12(3)).

3. Once the comment period is completed, Council is to consider all submissions received and can formally repeal it by absolute majority vote. Alternatively, it can resolve to keep the By-Law and take no further action (s.3.12(4)).

4. Notice that the By-Law has been repealed is to be published in the Government Gazette (s.3.12(5)).

5. Notice that the repeal has been gazetted is to be published locally (s.3.12(6)).

STATUTORY ENVIRONMENT:

As stated within the comment section above, the making of a By-Law occurs in accordance with the Local Government Act 1995.

As detailed in section 3.12 of the Act, notice of purpose and effect of By-Law to be given by the person presiding at a Council meeting. Further guidance on this is given by Regulation 3 of the Local Government (Functions and General) Regulations stating that, the person presiding at a council meeting is to give notice of the purpose of the By-Law by ensuring that the purpose and effect of the proposed By-Law is included in the agenda for that purpose and the minutes of the meeting of the council include the purpose and effect of the proposed By-Law.

In this regard, the proposed purpose and effect of the proposed Shire of Manjimup Repeal By-Law 2018, is as follows:

Purpose – to allow advertising of the repeal of the By-Laws Relating to the Management of the Manjimup Olympic Swimming Pool with the intent of repealing the By-Laws.

Effect – To enable the Manjimup Regional AquaCentre to be managed under current statutory requirements and Council’s adopted Fees & Charges.

Policy / Strategic Implications:

The Shire’s Local Laws (including By-Laws) are to be reviewed every 8 years, as required by the Local Government Act 1995. The By-Law is out of date and is inconsistent with contemporary aquatic facility management practice. Repeal of the By-Law will have no effect on the current operation of the Manjimup Regional AquaCentre.

Organisational risk management:

The repeal of the By-Laws will reduce any confusion as to the management of Council’s facility. Additionally, the repeal will align the operation of the facility to current legislation and policy.

Financial Implications:

Costs associated with the advertising of the repeal will be expended from the adopted Local Laws administration budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Instructs the Presiding Member to read out the following statement to the Meeting:

“The purpose of this resolution is to allow advertising of the By-Laws Relating to the Management of the Manjimup Olympic Swimming Pool with the intent of repealing the By-Laws.”

“The effect of this resolution is to allow the Manjimup Regional AquaCentre to be managed under current statutory requirements and Council’s adopted Fees & Charges.”

2. Advertise the proposed repeal of the By-Laws as referred to in point 1 above for a period of not less than 6 weeks from January 2019, with advertisements to appear in the Western Australian Newspaper and all local newspapers circulating within the district;

3. In accordance with the Local Government Act 1995 section 3.12(3) advise the Minister for Local Government of the proposed repeal of the By-Laws; and

4. Await a further report on the proposed repeal of the By-Laws following the completion of the advertising period referred to in point 2 above.

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Daubney, L

27677

That Council:

1. Instructs the Presiding Member to read out the following statement to the Meeting:

“The purpose of this resolution is to allow advertising of the By-Laws Relating to the Management of the Manjimup Olympic Swimming Pool with the intent of repealing the By-Laws.”

“The effect of this resolution is to allow the Manjimup Regional AquaCentre to be managed under current statutory requirements and Council’s adopted Fees & Charges.”

3. In accordance with the Local Government Act 1995 section 3.12(3) advise the Minister for Local Government of the proposed repeal of the By-Laws; and

4. Await a further report on the proposed repeal of the By-Laws following the completion of the advertising period referred to in point 2 above.

CARRIED: 11/0

ATTACHMENT

APPENDIX

9.3.1 Request for Rates Concession by Pemberton Visitor Centre Inc for Lots 2 and 285 Pump Hill Road Pemberton

PROPONENT	Pemberton Visitor Centre Inc.
OWNER	Pemberton Visitor Centre Inc.
LOCATION / ADDRESS:	Lots 2 & 285 Pump Hill Rd, Pemberton
WARD:	West
ZONE:	Caravan Park
DIRECTORATE:	Finance and Administration Services
FILE REFERENCE:	F160895
LEGISLATION:	Local Government Act 1995
AUTHOR:	Tracy Horn
DATE OF REPORT:	1/11/2018
DECLARATION OF INTEREST:	Nil

Background:

The Shire has received a letter from the Pemberton Visitor Centre Inc requesting consideration be given to levying a concessional rate for the Pemberton Caravan Park.

ATTACHMENT: 9.3.1(1)

Lot 2 Pump Hill Road is freehold land, with the owners being the Pemberton Visitor Centre Inc. Lot 285 is Crown land with a management order to the Pemberton Visitor Centre Inc.

ATTACHMENT: 9.3.1(2)

The Pemberton Visitor Centre Inc has in the past leased the Pemberton Caravan Park to a third party, with the current lease terminating 18 December 2018 with no option of renewal or extension. The Pemberton Visitor Centre will resume control and management from 19 December 2018.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Rateability of land is assessed based on the use of the land. Lots 2 & 285 Pump Hill Road, Pemberton are zoned Caravan Park under the Shire’s Local Planning Scheme 4.

The Pemberton Visitor Centre is a not for profit incorporated association. The property in question will continue to be operated by the Pemberton Visitor Centre Inc as a Caravan Park for the foreseeable future.

There are multiple caravan parks, offering similar services, within the Shire which are operated as commercial enterprises. A major reduction in rates to the Pemberton Caravan Park will offer them a significant advantage over other competing businesses.

The Shire’s Rates Concession/Waiver Policy, under the application of the policy;

7. Community groups or associations, that in the opinion of Council, provide activities which are not core activities, and are in direct competition with a service provided by an established private operator within the district, will not be eligible for a rates concession/waiver.

The Rates Exemption Policy also states under the application of the policy;

5. The application will be assessed and if the application meets the criteria (listed below) to be considered as outlined in the Application for Exemption form, attached to this policy, a report will be presented to Council.

· The applicant must be an incorporated Not-for-Profit organisation.

· The applicant must own the property on which rates are levied.

· The applicant must not operate any commercial operation from the property.

· The applicant does not hold a liquor licence for the provision of alcohol for sale to the public for profit.

Conclusion

The property is not being used exclusively for charitable purposes so cannot be deemed non-rateable under the Local Government Act 1995. In addition the Caravan Park is being operated on a commercial basis and in direct competition with other service providers, therefore a reduction in rates levied would be contrary to the Shire of Manjimup Concession/Waiver and Exemption Policies.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 states

6.26 Rateable land

(2) The following land is not rateable land

(g) land used exclusively for charitable purposes

6.47 Concessions

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

*Absolute majority required

Policy / Strategic Implications:

Rates Exemption Policy 4.1.13

Rates Concession/Waiver Policy 4.1.14

APPENDIX: 9.3.1(A)

APPENDIX: 9.3.1(B)

Organisational risk management:

By approving a concession for the Pemberton Caravan Park, the Shire is not maintaining a fair and equitable rating system. Other Caravan Parks within the Shire would be at a disadvantage by not receiving a reduction in rates that they could pass onto their customers.

Financial Implications:

For the 2018/2019 rating year, rates on Lot 2 & 285 Pump Hill Rd, Pemberton were levied at $9,026.53 which would reduce to $2,256.63 (75% reduction) for the property, if Council adopt to apply a concession.

The Emergency Services Levy (ESL) and refuse charges are not subject to an exemption.

Sustainability:

Environmental: Nil

Economic: As per financial implications

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council refuse the request from the Pemberton Visitor Centre to levy a concessional rate for the Pemberton Caravan Park located at Lots 2 & 285 Pump Hill Road, Pemberton due to:

· not meeting the Shire of Manjimup Concession/Waiver and Exemption policies;

· the commercial nature of the land use, which is in direct competition with other service providers in the district; and

· the applicant is carrying out a commercial operation from the property.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Skoss, K

That Council refuse the request from the Pemberton Visitor Centre to levy a concessional rate for the Pemberton Caravan Park located at Lots 2 & 285 Pump Hill Road, Pemberton due to:

· not meeting the Shire of Manjimup Concession/Waiver and Exemption policies;

· the commercial nature of the land use, which is in direct competition with other service providers in the district; and

· the applicant is carrying out a commercial operation from the property.

AMENDMENT:

MOVED: Ventris, M SECONDED: Herbert, V

That Council refuse the request from the Pemberton Visitor Centre to levy a concessional rate for the Pemberton Caravan Park located at Lots 2 & 285 Pump Hill Road, Pemberton due to:

· not meeting the Shire of Manjimup Concession/Waiver and Exemption policies;

· the commercial nature of the land use, which is in direct competition with other service providers in the district; and

· the applicant is carrying out a commercial operation from the property.

· That the Chief Executive Officer and staff make some consideration to assist the Pemberton Visitor Centre to upgrade the Pemberton Caravan Park

MOTION lost 3/8

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

Item reverts to Substantive motion.

MOVED: Salomone, J SECONDED: Skoss, K

27678

That Council refuse the request from the Pemberton Visitor Centre to levy a concessional rate for the Pemberton Caravan Park located at Lots 2 & 285 Pump Hill Road, Pemberton due to:

· not meeting the Shire of Manjimup Concession/Waiver and Exemption policies;

· the commercial nature of the land use, which is in direct competition with other service providers in the district; and

· the applicant is carrying out a commercial operation from the property.

MOTION carried 10/1

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

ATTACHMENT

9.9.1 Proposed Pemberton Arts and Cultural Precinct Vision and Conceptual Aspirations

PROPONENT	Pemberton Arts Group Inc
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 242 & Lot 248 Brockman Street Pemberton
WARD:	West
ZONE:	Public Purpose
DIRECTORATE:	Community Services
FILE REFERENCE:	F180260
LEGISLATION:	Local Government Act
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	13 August 2018
DECLARATION OF INTEREST:	Nil

Background:

At the Council meeting held in Pemberton on the 8 June 2018 the Pemberton Arts Group (PAG) presented their vision and conceptual aspiration to develop an Arts and Cultural Precinct on the site currently housing the Old Infant Health Centre, and the Returned Services League (RSL) Hall/Public Library on Brockman Street, Pemberton (Lots 242 & 248). Concept options one and two are attached.

ATTACHMENT: 9.9.1(1)

ATTACHMENT: 9.9.1(2)

Proposed Arts and Cultural Precinct Lots 242 & 248 Pemberton,

bounded by Brockman Highway, Hospital Avenue and Hepple Place.

The purpose of this report is to seek formal receipt of the concept for future planning and development consideration and to give recognition to the aspirational work of PAG.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Accommodation for community groups in Pemberton is at a premium. As Council will be acutely aware further pressures on community group accommodation also exist due to the deteriorating state of current community infrastructure, in particular the ‘Old School’. The Old School presently houses the Community Resource Centre, Visitor Centre, Museum, Model Train exhibit and Art Groups, including PAG. In addition the ‘Old Infant Health Centre’ is currently a storage premise for the Chamber and the RSL Hall accommodates the RSL and Public Library.

As presented to Council at the Information Briefing Session of 8 November 2018, there is a current plan to upgrade and redevelop the RSL Hall to further accommodate, at least for the medium term, a co-location of the RSL, Public Library, Community Resource Centre and Visitor Servicing. This will also ensure that the RSL have a facility that is accessible and inclusive and a much better fit for their purpose.

PAG are very keen to contribute to the establishment of an arts and cultural precinct in Pemberton where the community will have the opportunity to grow and foster the artistic and cultural heritage of Pemberton. PAG aspirations include a public gallery, studio and meeting spaces.

As the PAG proposal is conceptual the designs can easily work with the proposed redevelopment of the RSL Hall.

PAG are seeking Council’s ‘in principle’ endorsement for the proposed cultural precinct so that they may proceed with planning for future development works and determine the best funding avenues for them to proceed. Endorsement of the proposal will enable discussions regarding land tenure, design, funding and timeframes to commence.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Strategic Community Plan- Our Community: C21 recognises the need to facilitate, develop and promote a broad range of cultural and art capabilities, facilities, events and achievements.

Organisational risk management:

Nil

Financial Implications:

There are no financial implications pertaining to Council acknowledging the Arts and Cultural Precinct proposal by PAG.

Sustainability:

Environmental: Nil

Economic: An Arts and Cultural Precinct has the potential to foster and nurture the development of small business and contribute to tourism opportunities.

Social: Art, cultural and heritage opportunities provide community members to express and foster a sense of place and pride. It is also important that a community offers a strong balance of leisure and recreational pursuits for its members.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. Receive the proposed vision and aspirational concepts for the Pemberton Cultural precinct at Lot’s 242 and Lots 288, Brockman Street Pemberton.

2. Request the Chief Executive Officer to undertake further consultation with the Pemberton Arts Group and associated stakeholders.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Ventris, M

27679

That Council

1. Receive the proposed vision and aspirational concepts for the Pemberton Cultural precinct at Lot’s 242 and Lots 248, Brockman Street Pemberton.

2. Request the Chief Executive Officer to undertake further consultation with the Pemberton Arts Group and associated stakeholders.

CARRIED: 11/0

9.11.1 Proposed Budget Amendment - Successful Funding Request to Conduct a Year One Super Readers' Club

tPROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F170553
LEGISLATION:	Local Government Act 1995
AUTHOR:	Vanda Dei-Tos
DATE OF REPORT:	13 November 2018
DECLARATION OF INTEREST:	Nil

Background:

Consistent with the Shire of Manjimup’s draft Early Years Strategy, the Manjimup Public Library has developed a reading program called the Year One Super Readers’ Club. The Manjimup Lions Club has agreed to fund the first year (2019) of the program.

The Manjimup Public Library already runs a number of programs aimed at developing early literacy skills in young children in the Shire. The Library conducts a weekly Rhyme Time and Story Time session at all four Shire libraries as part of the Better Beginnings initiative to foster language development in children aged 0 to five years of age. The Year One Super Readers’ Club will build on the Better Beginnings program to consolidate the message that reading is fun and valuable.

The purpose of this report is to seek Councils endorsement to accept the Manjimup Lions Club generous donation and proceed with implementing the Year One Super Readers Club.

PUBLIC Consultation Undertaken:

Nil

COMMENT:

The Year 1 Super Readers’ Club involves working with local primary schools and home schooling families to encourage and promote literacy among emergent readers. This type of learning program assists in expanding English language skills, building vocabulary and imbuing children with a love of reading from an early age. It also assists in the development of strong literacy skills that are the foundation for a child’s success in school and in life.

An outline of the Super Readers’ Club follows:

· A librarian will visit the Year One class at East Manjimup Primary School, Kearnan College and Manjimup Primary School (and participating home school families) to introduce the program and distribute Year One Super Readers’ Club packs containing a bookmark, library stamp card, colouring sheet and information about the program and the library more generally.

· The children will be introduced to the Program mascot (Super Teddy) and shown some of his favourite books, all available at the Manjimup Library. The children will be invited to visit Super Teddy at the library, read stories to him and take home books to read in order to earn stamps. Once they have received five stamps, they are rewarded with a small prize. After receiving ten stamps children hand their card in at the library and choose a book to keep.

The program will be reviewed at the end of 2019 based on the following parameters:

· Number of children who actively participate;

· Number of cards stamped and number of stamps per student;

· Feedback from the children who participated; and

· Feedback from teachers, particularly regarding improvement in children’s literacy levels, social engagement and understanding of libraries and their resources.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Shire of Manjimup draft Early Years Strategy is a guiding document for this project.

Organisational risk management:

Nil

Financial Implications:

All project activity is covered within the Manjimup Lions Club donation and the Library and Cultural Services operational budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The program is consistent with the Shire of Manjimup’s Early Years Strategy that provides opportunities for children to learn, develop and achieve good mental and physical health. The Super Readers’ Club will assist in increasing literacy skills during early childhood as a key to healthy development and success in children’s future schooling.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1. Amend the 2018/19 budget under Library and Cultural Services to include the Manjimup Lions Club funding of $2,651 as per the table below; and

2. Approve using the funds to conduct a Super Readers’ program for Year One students’ at all three primary schools and interested home school students in Manjimup.

Description	Current Budget	Amended Budget	Variation
Manjimup Lions Club	$0	($2,651)	($2,651)
Year One Super Readers’ Program	$0	$2,651	$2,651
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Jenkins, D

27680

That Council

1. Amend the 2018/19 budget under Library and Cultural Services to include the Manjimup Lions Club funding of $2,651 as per the table below; and

2. Approve using the funds to conduct a Super Readers’ program for Year One students’ at all three primary schools and interested home school students in Manjimup.

Description	Current Budget	Amended Budget	Variation
Manjimup Lions Club	$0	($2,651)	($2,651)
Year One Super Readers’ Program	$0	$2,651	$2,651
Net Rate Funds			$0

CARRIED: 11/0

Councillor Salomone declared a Financial Interest in this Item as she is an employee of Department of Biodiversity, Conservation and Attractions. Councillor Salomone did not speak or vote on the matter and left the Chamber at 6.06pm.

ATTACHMENT

APPENDIX

9.12.1 Consideration of Results of Second Public Consultation Proposal to Close Doggerup Road Reserve, Sandy Peak (Windy Harbour)

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Doggerup Road, Sandy Peak (Windy Harbour)
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170266
LEGISLATION:	Local Government Act 1995; Land Administration Act 1997;
AUTHOR:	Catherine Mills
DATE OF REPORT:	26/09/2018
DECLARATION OF INTEREST:	Nil

Background:

At the Ordinary Council Meeting of 27 March 2014, Council resolved to support for the purpose of public consultation, the closure of Doggerup Road, Sandy Peak and the amalgamation with the freehold private property Lot 7965, (Shellbay Holdings Pty Ltd). A copy of the report is appended.

APPENDIX: 9.12.1(A)

Following the original consultation in 2014 Council resolved to request the Minister for Lands to close Doggerup Road, Road Reserve, Sandy Peak (Windy Harbour), with the closed road to be incorporated into Nelson Location 7965, Sandy Peak. Shire Officers were advised by Department of Planning, Lands and Heritage (DPLH) that the closure could be rejected on the basis of the objection from Department of Parks and Wildlife (now known as Department of Biodiversity Conservation and Attractions – Parks and Wildlife Service or DBCA). This submission was discussed in a report to Council on 17 July 2014. A copy of the report is appended.

APPENDIX: 9.12.1(B)

Negotiations have been on-going since 2014 between the Shire of Manjimup, Shellbay Holdings Pty Ltd and DBCA until a mutual agreement was achieved. Due to the lapse in time between the original consultation and the agreement, the closure was publically advertised again and letters were sent to all stakeholders as required by the Land Administration Act 1997 and associated Regulations.

Council is requested to consider the results of the recent consultation and the proposal to proceed with closure of Doggerup Road.

PUBLIC Consultation Undertaken:

The road closure was originally consulted in April 2014, as discussed in the 17 July 2014 Council Agenda. The second (and most recent) consultation was advertised in the Manjimup Bridgetown Times in March 2018 and letters sent to all the required stakeholders in Feb 2018. As a result eight (8) responses were received with one objection to the proposed closure from DPLH. There were two alternative motions proposed by DBCA. All other responses were generic letters of support or no interest. A summary of these submissions can be found in the attachment.

ATTACHMENT: 9.12.1(1)

COMMENT (Includes Options):

The objection from DPLH is on the basis that the closure of Doggerup Rd is considered inconsistent with strategic planning direction in the Warren-Blackwood Rural Strategy and the Augusta-Walpole Coastal Strategy which recommends that isolated coastal freehold land surrounded by the D’Entrecasteaux National Park be investigated for incorporation into the National Park through acquisition, land swaps, transfer of development rights and other available incentives.

Whilst strategic direction is applauded, Shire Officers believe this particular item should be assessed on its own merit. DBCA and the owners of the freehold lot have investigated other avenues for rationalisation without agreement, exhausting all available incentives for the purchase and/or sale of Lot 7965 to DBCA.

Council has continually provided support for the road closure on the basis that the reserve be amalgamated into freehold Lot 7965. As such Shire Officers have been in negotiations with DBCA since the public comment period closed and on 23 October 2018 resulting in DBCA formally accepted Council’s proposal to “Request the Minister of Lands close Doggerup Road, Sandy Peak (Windy Harbour) with the closed road to be incorporated into Nelson Location 7965, Sandy Peak”. The formal acceptance has a condition that formal access is provided to DBCA by way of an easement over this section of land. The condition would need to be added to the new title ensuring DBCA retain ongoing access, should ownership of the land change. The proponent, Shellbay Holdings Pty Ltd has formally agreed to the condition. A copy of the signed letter can be found at the following attachment.

ATTACHMENT: 9.12.1(2)

Based on the above justification, and in view of the changed strategic approach of the area’s local DBCA Parks and Wildlife Service, it is recommended that Council resolve to request the Minister for Lands to close Doggerup Road.

STATUTORY ENVIRONMENT:

The Land Administration Act 1997 details the process for closing a road. Essentially, Council is required to make a recommendation to the Minister for Lands after considering public comment. The associated Regulations detail the public consultation required.

Policy / Strategic Implications:

Council has a large road network with limited capacity to maintain the roads. Closing roads, where it is sensible to do so, will reduce the gap between funds required and capacity to pay.

Organisational risk management:

An outcome of closing Doggerup Road Reserve is the reduction of environmental risk in a National Park. An Environmental Management Plan has been in place since 2014 and a “Performance and Compliance Report” produced annually and is provided to the Office of the Environmental Protection Agency (OEPA).

Financial Implications:

The cost of amalgamating the land into the freehold block, along with the purchase value of the land, will be met by the landowner.

Sustainability:

Environmental: The Performance and Compliance Report undertaken by Shellbay Holdings Pty Ltd addresses all environmental issues raised. Closing the road is considered a significant environmental risk mitigation.

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Request the Minister for Lands to close Doggerup Road, Road Reserve, Sandy Peak (Windy Harbour);

2. That the closed road be incorporated into Nelson Location 7965, Sandy Peak; and

3. Indemnify the Minister for Lands against any claim for compensation resulting from the road closure.

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Taylor, R

27681

That Council:

1. Request the Minister for Lands to close Doggerup Road, Road Reserve, Sandy Peak (Windy Harbour);

2. That the closed road be incorporated into Nelson Location 7965, Sandy Peak; and

3. Indemnify the Minister for Lands against any claim for compensation resulting from the road closure.

CARRIED: 10/0

Councillor Salomone returned to the Chamber at 6.07pm.

ATTACHMENT

APPENDIX

9.15.1 Unconfirmed Meeting Minutes of the Manjimup Recreation Advisory Committee Meeting Held 12 November 2018

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170452
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	16/11/2018
DECLARATION OF INTEREST:	Nil

Background:

The Manjimup Recreation Advisory Committee (MRAC) is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. The purpose of the committee is to:

· To provide advice to Council on the development, management and promotion of sport and recreation facilities in Manjimup;

· To make recommendation to Council in regard to matters that will improve the use and sustainability of the sport and recreation facilities in Manjimup for the benefit of the broader community;

· To provide advice on trends in sport and recreation (e.g. participation rates, regulations, facilities);

· To guide & provide feedback to Council and staff in relation to strengthening key programs (such as: KidSport, GoodSport, Youth, Seniors, Club Development, Access & Inclusion);

· To provide feedback and advice in regard to financial matters pertaining to sport and recreation;

· To provide feedback and advice in terms of Council’s annual adoption of fees and charges; and

· Representative Members acknowledge and accept their role as a representative of their sport (rather than a particular club) and to act as a key liaison for that sport.

A copy of the endorsed Terms of Reference is appended.

APPENDIX: 9.15.1(1)

The unconfirmed meeting minutes of the Manjimup Recreation Advisory Committee meeting held on 12 November 2018 are attached.

ATTACHMENT: 9.15.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

There were no recommendations made by MRAC requiring a Council decision, other than a number of changes in representation:

Committee Recommendation	Officer Recommendation
That the resignation of Diana Fisher as Warren Equestrian Centre proxy representative is accepted.	As per Committee Recommendations.
That the nomination of Adam Chapman as Warren Equestrian Centre proxy representative is accepted.	As per Committee Recommendations.
That the nomination of Troy Reid as Soccer representative is accepted.	As per Committee Recommendations.

The Advisory Committee Terms of Reference have been amended as a result of the representative changes for the Warren Equestrian Centre and Soccer.

ATTACHMENT: 9.15.1(2)

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

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

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

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

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed meeting notes of the Manjimup Recreation Advisory Committee meeting held 12 November 2018 as per Attachment: 9.15.1.(1);

2. Accept the resignation of Diana Fisher as Warren Equestrian Centre proxy representative;

3. Appoint Adam Chapman as Warren Equestrian Centre proxy representative;

4. Appoint Troy Reid as Soccer representative; and

5. Adopt the amended Manjimup Recreation Advisory Committee Terms of Reference as per Attachment: 9.15.1(2).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Salomone, J

27682

That Council:

1. Receive the unconfirmed meeting notes of the Manjimup Recreation Advisory Committee meeting held 12 November 2018 as per Attachment: 9.15.1.(1);

2. Accept the resignation of Diana Fisher as Warren Equestrian Centre proxy representative;

3. Appoint Adam Chapman as Warren Equestrian Centre proxy representative;

4. Appoint Troy Reid as Soccer representative; and

5. Adopt the amended Manjimup Recreation Advisory Committee Terms of Reference as per Attachment: 9.15.1(2).

CARRIED: 11/0

Committee Recommendation	Officer Comment
“That the Annual Financial Report 2017/2018 and the 30 June 2018 Management Report are accepted and recommended to Council by the Audit Committee.”	Supported, noting that the Annual Financial Report was adopted by Council at the meeting 8 November 2018

PROPONENT	Director of Development & Regulation
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160966
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	19 November 2018
DECLARATION OF INTEREST:	Nil