Minutes of Ordinary Council - 28 February 2019

· Interviews were conducted by Warren Blackwood Alliance of Council members for the Board Members for the Local Tourism Organisation. Interviews were held over three days.

· I attended a meeting of the Southern Forests Irrigation Scheme.

· I attended an art exhibition in Northcliffe.

· I attended the Pemberton Mill Hall Committee and Pemberton Museum Committee meetings along with Councillor Ventris.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr L Daubney

Cr W Eiby

Cr V Herbert

Cr D Jenkins

Cr J Salomone

Cr K Skoss

Cr D Tapley

Cr R Taylor

Cr M Ventris

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms 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)

Gallery

Mary Nixon

Nancy Giblett

David Giblett

Mike Christofis

Harvey Giblett

Feng Gao

Jiaqui Gao

Jiayu Gao

Menghan Gao

3.1 Apologies: Nil

3.2 Leave Of Absence: Nil

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received one Financial Interest Declaration from Councillor Daubney for Item 9.3.1.

Councillor Daubney declared a Financial Interest in Item 9.3.1 as she is the Real Estate Sales Representative.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Mary Nixon – Community member.

· Following up on a question raised at the Annual Electors meeting late last year, that Councillors consider a 0% rate rise this year bearing in mind the economic situation of rate payers at this time.

· Manjimup Shire employees constitute 2.9% of the population of Manjimup Shire, this is 1% higher than the national average for staff of Local Governments.

· I understand that Shire employees receive C.P.I wage increments annually.

· When the Strategic Plan was put in place in 2016 the economic scene was very different to what it is now. I urge you to take that on very seriously in the next few months.

The Shire President responded: Your question is well thought out and you can rest assured that when we embark on our budget process in about March and monthly from there, we will take your comments seriously and consider that. Councillors listen to what staff recommend and in the end the decision is made by Council. If we were to reduce Community Grants, I don’t think that would go down well.

The Chief Executive Officer responded: Thank you for your questions and statements.

Our Strategic Plans were done in 2017 and a desk top review is due this year. When staff go through the budget process we are guided to an extent by the Strategic Community Plan and Corporate Business Plan and that’s what the community has actually asked us to consider. As the Shire President said it is Council’s rightful decision to make in relation to what sort of increase, if any, or even a decrease that they wish to make.

In relation to staff increments, we have an Enterprise Agreement, and we have recently reset a new one. Generally they are CPI like increases. We set our Enterprise Agreement across three years. Those increments are usually less than what Council’s rate rises have been.

You made comment on Manjimup having more Local Government staff per capita on average in Australia, and that might in fact be true, however we have an area of 7,000 square kilometres with 9,253 population spread over a vast area. We are still obligated to undertake the same activities as every other Local Government. Somewhere like the Town of Cottesloe that has 12 kilometres of road, and a very small area with lots of people crammed into it then, yes, they probably do have a little less staff than us. You need to be careful when making comparisons. A more reasonably comparison would be a regional comparison about the amount of staff we have compared to other Regional Local Governments.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations

6.2.1 A Citizenship ceremony was held for Mr Feng Gao, Ms Jiaqui Gao, Miss Jiayu Gao and Miss Menghan Gao. The Shire President congratulated them on behalf of Councillors and Staff.

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Salomone, J

27727

That the Minutes of the Ordinary Meeting of the Council held on 7 February 2019 be confirmed.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Taylor, R

27728

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 74 of the Agenda with the exception of:

CARRIED: 11/0

9.3.1	Proposed Windy Harbour Lease Transfer - Site 265
9.3.3	Budget Review Adjustments - December 2018
9.5.1	Proposed Caravan Park at Lot 1 (11342) Vasse Highway, Yeagarup
9.5.2	Request for Establishment of Overnight Parking for Self Contained Recreational Vehicles - Pioneer Park, Walpole
9.5.3	Retrospective Application for Massage Clinic at Lot 8 (19) Cooper Lane, Walpole
9.13.1	Proposed Budget Amendment for Windy Harbour Road (SLK2.0-3.3) Reconstruction
9.16.3	Unconfirmed Minutes of the Walpole Town Centre Revitalisation Committee Meeting held on 11 December 2018

Items passed by En Bloc Resolution

9.2.1 Quarterly Report October - December 2018 Business

9.3.2 Monthly Financial Activity Statement - December 2018

9.3.4 Proposed Lease for Scouts on Reserve 19552

9.5.4 Proposed 28 Lot Subdivision at Lot 21 (285) Perup Road, Balbarrup

9.5.5 Retrospective Application for Outbuildings at Lot 13347 (26871) South Western Highay, Palgarup

9.5.6 Retrospective Advertisement - Facade Signage at Lot 500 (93-101) Mottram Street, Manjimup

9.5.7 Quarterly Report - October to December 2018 - Development and Regulation Directorate

9.16.1 Unconfirmed Minutes of the Pemberton Town Centre Revitalisation Advisory Committee held on 12 February 2019

9.16.2 Unconfirmed Minutes of the Northcliffe Town Centre Revitalisation Committee Meeting held on 5 February 2019

ATTACHMENT

9.3.2 Monthly Financial Activity Statement - December 2018

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160188
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	14 February 2018
DECLARATION OF INTEREST:	Nil

Background:

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

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

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

ATTACHMENT: 9.3.2 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 December 2018 is a projected surplus of $14,996.

The $14,996 surplus is a projection based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under/over expenditure in other areas as the Shire progress through the financial year.

In brief the projected figures in most cases, assumes that the expenditure to 31 December 2018 continue at the same rate to 30 June 2019. Where an asterisks appears in the “Adj” column in the Management Reports, the formula has been changed to reflect the irregular purchase, or seasonal nature of that particular account. It should be noted that where a projected under expenditure might occur, the budgeted figure is still maintained.

As part of the mid-year review all accounts were assessed against budget. This review did not show any adverse trends or variances that were of concern. There are minor over and under expenditures but it is expected that these will offset each other at year end 30 June 2019.

The December 2018 Monthly Activity Statement serves as a review of the year to date. The issues listed below are significant items from previous reports that have seen some sort of budget adjustment or monitoring so as not to affect the end of financial year position. They are:

Financial Assistance Grant (General Purpose) – Overall increase of $160,908

While setting the 2018/2019 budget the proposed FAG grant was set very conservatively with no increase. Typically officers would project an increase of approximately 2.5%, in recent times this assumption has been proven wrong with reductions in Western Australia’s population causing grant losses.

During the informal meeting in January 2019 after workshopping options to allocate the funds, the majority consensus was to support much needed works and the development of the RSL Hall into a multi-use space. This budget adjustment will be included in the December 2018 budget adjustments report as part of this agenda.

State Direct Grant (Roads) – Overall Increase of $120,313

The purpose of the State Direct Grant is to maintain the Shire’s road network. This increase has returned the grant back to the 2016/2017 level pre State Government cut in 2017/2018. A separate budget adjustment agenda item will propose that this increase is put back into road maintenance.

Storm Damage (Parks and Works) – 91% of budget expended

The Shire of Manjimup went through significant storm events early in the financial year, this saw 67% of the Storm Damage budget of $145,196 expended. With further minor storms following only 9% of the budget remains as at 31 December 2018. Typically if the Storm Damage account does go over budget, it will be offset by savings in Road Maintenance as when staff members are cleaning up after a storm they are not booking their time to road or other maintenance accounts. This area of the budget will need to be monitored closely as typically the change in the seasons makes more storm events likely so a budget adjustment may be required if further expenditure occurs.

Road Maintenance – Total budget $2,325,237

December saw the continued monitoring of Road Maintenance accounts. These accounts traditionally are hit hard in the first third of the year as weather is generally not suited to major construction works. Due to the significant increase in the State Direct Grant (which is a readjustment after a significant drop last year), road maintenance expenditure is at acceptable levels.

Below is a snapshot of the Road Maintenance account compared to previous years.

There have been no major issues arise in the 6 months of 2018/19 and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2019.

STATUTORY ENVIRONMENT:

Section 6.8 Local Government Act and Financial Management Regulation 34.

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

As described in above summary.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the Monthly Financial Activity Statement Report for December 2018 as per Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27730

That Council receive the Monthly Financial Activity Statement Report for December 2018 as per Attachment: 9.3.2(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.4 Proposed 28 Lot Subdivision at Lot 21 (285) Perup Road, Balbarrup

PROPONENT	Burgess Design Group
OWNER	Rumenos Development Pty Ltd
LOCATION / ADDRESS:	Lot 21 (285) Perup Road, Balbarrup
WARD:	Central
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/11 & P56134
LEGISLATION:	Planning & Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	31/01/2019
DECLARATION OF INTEREST:	Nil

Background:

The Western Australian Planning Commission (WAPC) has referred a proposed 28 lot subdivision relating to Lot 21 Perup Road, Balbarrup to the Shire of Manjimup for comment.

Lot 21 has an area of 53.073ha and as shown on the location plan below, is located to the north of Perup Road. The land is currently developed with a single dwelling, several out buildings and several small dams. A Western Power easement runs north south through the property.

LOCATION PLAN

A copy of the subdivision application is attached.

ATTACHMENT: 9.5.4(1)

The applicants are proposing to create 28 lots that range between 1 hectare and 1.4 hectares and a 16 hectare balance lot for development at a future stage. The proposed subdivision provides for a road reserve connection to Perup Road and 20 metre road reserves internally.

This application is referred to Council for determination, given that Shire Officers do not have delegated authority to process a subdivision that will result in the creation of more than five lots.

As the WAPC required a response by the 26 February, a copy of this agenda item has been provided along with advice that confirmation of the Council decision will be provided as soon as possible.

PUBLIC Consultation Undertaken:

The application has been referred to the Shire by WAPC as part of their consultation process. No public consultation has been undertaken.

COMMENT (Includes Options):

The subject land is zoned Rural Residential under the provisions of Local Planning Scheme No. 4 (the Scheme), being Rural Residential Area No 9 (RR9). As outlined within clause 4.6.2 of the Scheme, the objectives in managing and guiding landuse, development and subdivision include, but are not limited to:

“(i) encourage a variety of lot sizes and appropriate designs which accommodate environmental opportunities and constraints and landscape protection requirements;

(ii) encourage the introduction of clearing and land management controls and restrictions, and environmental repair where appropriate.”

Subdivision of land within the Rural Residential Zone is guided by the general provisions contained in clause 5.36.2 of the Scheme, together with more specific requirements outlined within Schedule Two. Further advice regarding these requirements is provided below to assist Council in determining its comment on the application.

Structure Plan

Clause 5.36.2 of the Scheme stipulates that subdivision shall “generally be in accordance with an endorsed Structure Plan that has been prepared and endorsed in accordance with Clause 6.4 or adopted as part of a Scheme Amendment..”. A copy of the Subdivision Guide Plan (SGP) that formed part of Amendment 8 to TPS2 for Perup Road, Manjimup is shown attached.

ATTACHMENT: 9.5.4(2)

The key elements of the SGP are:

· a 50 metre building setback to State Forest with a low fuel zone;

· a 50 metre building setback from the common boundary of adjoining Lot 9 Liddelow Road, incorporating a 30 metre wide landscape planting;

· retention of existing dams; and

· building envelopes with 20 metre setback to road and 15 metre setback to side and rear boundaries.

Whilst the proposed subdivision is generally consistent with the key elements of the SGP, some variations are proposed. Further details in respect of these variation is provided below.

Schedule Two

Schedule Two identifies that RR9 is subject to two (2) special provisions relating to development/subdivision of the land that are not reflected within the general provisions. These are:

“2. No buildings shall be erected within 50 metres of the forest reserve 8522 Perup Road and CG 2085.

3. Landscape and revegetation areas to be established and maintained in accordance with the endorsed Structure Plan prior to clearance of subdivision.”

As detailed within the balance of this agenda item, the proposed plan of subdivision will require modification to ensure compliance with point No 2 above. It is recommended that the WAPC be requested to impose conditions of approval to reflect the requirements of the Scheme and the layout of the Subdivision Guide Plan.

State Forest Setback

The proposed design of subdivision alters the SGP by providing a 20 metre road reserve abutting the State Forest to maximise separation from the bushfire risk. This also provides a public interface to the State Forest and is considered a beneficial change to the subdivision design.

Examination of the submitted plan has however identified that the building envelope on Lot 8 will not comply with the 50 metre separation as required in the SGP. It is therefore recommended that the plan of subdivision be modified to ensure that compliance with a 50m setback is achieved.

Agricultural Amenity Buffer

The Environmental Protection Authority advise a 500 metre separation distance between agricultural activities and sensitive land uses. The SGP varies this to require a 50 metre separation inclusive of a 30 metre landscaping buffer to Lot 9 Liddelow Road.

Proposed Lot 3 as shown on the proposed plan of subdivision does not comply with this requirement, with the proposed building envelope being setback approximately 10 metres from the boundary to Lot 9 Liddlelow Road. To ensure compliance with the buffer as contained within the Subdivision Guide Plan and the Scheme it is recommended that Lot 3 be deleted and the proposed plan of subdivision be amended accordingly.

Landscape Planting

In addition to the landscaped buffer referred to above, the approved Subdvision Guide Plan also depicts a 30 metre wide landscape planting to be undertaken either side of a drainage channel that connects an existing dam to a stream located north of the property. The proposed plan of subdivision does not address this requirement.

Modification of the proposed design for Lots 9,10 and 11 require revision to reflect the requirement for the 30 metre wide landcape planting, consistent with the approved Subdivision Guide Plan.

Existing Dam Retention

The proposed subdivision design allows for the retention of the existing dams within the proposed new lots. It is considered that to retain the dams in the lot configuration that is amended from the approved SGP that the dams would not comply with the setback requirement for the Rural Residential zone (i.e 10 metre setback of development from lot boundaries). As such, it will be recommended that the dams that are unable to comply with the Scheme setback standards be drained and filled as part of the subdivision works.

Bushfire Management

The proposed design of subdivision indicates that the required secondary access for bushfire emergency planning is proposed to utilise an existing 10 metre right of carriageway over Lot 20 Perup Road that benefits Lot 21 on Plan 23207. The use of this right of carriageway for a secondary escape route it is likely to be problematic for the following reasons:

a) Due to the changes to legal land description that will occur during the subdivision process, new titles will be created and the right of carriageway easement would ultimately be extinguished; and

b) The right to use the land applies to only the owners of Lot 21 and their successors in title only. Purchasers of the newly created lots would have no right to traverse Lot 20.

Additionally the Bushfire Management Plan does not adequately address a number of key performance principles to be considered to meet the Bushfire Protection Criteria.

As a result the Bushfire Management Plan will require amending prior to any endorsement by the Shire of Manjimup.

State Planning Policy No 3.7

State Planning Policy No 3.7 was adopted in December 2015 to guide the implementation of effective risk based land use planning and development. As outline by clause 6.6.1 of the Policy, “subdivision and development applications for vulnerable or high-risk land uses in areas between BAL 12.5 to BAL 29 will not be supported unless they are accompanied by a Bushfire Management Plan jointly endorsed by the relevant local government and State authority for emergency services.”

As identified above, some issues have been identified in respect of the proposed Bushfire Management Plan. Modification of the plan is required before such a plan could be endorsed by the Shire. Additionally the Bushfire Management Plan has not, at this stage been approved by the Department for Fire and Emergency Services.

Given this it is recommended that the Council should not support the proposed subdivision until such time as an approved Bushfire Management Plan has been endorsed in accordance with clause 6.6.1 of State Planning Policy No 3.7.

Conclusion

Whilst the proposed subdivision is generally consistent with the provisions of the Scheme and Subdivision Guide Plan, there is uncertainty over the proposed use of a legal right of carriageway for emergency access.

Additionally as outlined in the comment section of this agenda item, there is a need to redesign portions of the proposed Plan of Subdivision to ensure compliance with 50 metre setback requirements from the adjacent State Forest and Agricultural land to the north. Further redesign is also required to address the establishment of a 30 metre wide landscape planting abutting a drainage channel as reflected on the approved Subdivision Guide Plan.

Given the above it is recommended that Council advise the WAPC it is not prepared to support the application for subdivision as submitted.

STATUTORY ENVIRONMENT:

Planning & Development Act 2005

Shire of Manjimup Local Planning Scheme No 4

Policy / Strategic Implications:

It is noted that the proposal seeks to subdivide the land in a manner that is generally consistent with the adopted ‘Subdivision Guide Plan’.

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: The proposed subdivision will introduce new land owners to the Manjimup area and will assist in supporting the local economy.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council advise the Western Australian Planning Commission it is not prepared to support the proposed 28 lot subdivision at Lot 21 Perup Road, Balbarrup as submitted for the following reasons:

a) In accordance with clause 6.6.1 of State Planning Policy No 3.7, a Bushfire Management Plan is required to be prepared and endorsed by the Local Government and Department of Fire and Emergency Services prior to approval to the subdivision;

b) A redesign of the proposed plan of subdivision is required to address the following matters:

(i) The proposed building envelope for Lot 8 being setback a minimum of 50 metres from the State Forest, consistent with the approved Subdivision Guide Plan;

(ii) The proposed building envelope for Lot 3 being setback a minimum of 50 metres from the northern site boundary, inclusive of a 30 metre landscape buffer to minimise the potential for land use conflict due to agricultural practices on the adjacent land, as reflected within the approved Subdivision Guide Plan;

(iii) The design of Lots 9, 10 and 11 and their associated building envelopes being modified to reflect the requirement for a 30 metre wide landscape planting along the drainage channel as shown for Lots 8 and 41 on the approved Subdivision Guide Plan; and

(iv) Demonstration that all dams that are to be retained will be setback not less than 10 metres from proposed boundaries to ensure compliance with setback requirements for the Rural Residential Zone.

Advice to Western Australian Planning Commission

Further to point a) above, the Commission is advised that Bushfire Planning arrangements reflected on the plan of subdivision rely on the use of an existing easement in favour of Lot 21. Rights of Access currently conveyed by that easement will not extend to the purchasers of future lots and as such the proposed arrangement is not acceptable to the Shire of Manjimup.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27732

That Council advise the Western Australian Planning Commission it is not prepared to support the proposed 28 lot subdivision at Lot 21 Perup Road, Balbarrup as submitted for the following reasons:

b) A redesign of the proposed plan of subdivision is required to address the following matters:

(i) The proposed building envelope for Lot 8 being setback a minimum of 50 metres from the State Forest, consistent with the approved Subdivision Guide Plan;

Advice to Western Australian Planning Commission

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.5 Retrospective Application for Outbuildings at Lot 13347 (26871) South Western Highay, Palgarup

PROPONENT	Ms E Yates
OWNER	Ms E Yates
LOCATION / ADDRESS:	Lot 13347 (26871) South Western Highway, Palgarup
WARD:	North
ZONE:	Residential R5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/212 & P50202
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	31/01/2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a retrospective development application for unauthorised outbuildings as well as a reconstruction of an unauthorised outbuilding to appropriate standards at Lot 13347 (26871) South Western Highway, Palgarup. A location plan is shown below.

LOCATION PLAN

The subject lot is a residential allotment with an area of 1,011sqm, developed for single residential purposes. The subject land has rear access from a 5 metre unmade unnamed road reserve.

An application was received for a new carport to be located alongside the approved Outbuilding in front of the dwelling. During the assessment, it was brought to the attention of the shire officers that there was a number of unauthorised structures on the subject land. Shire officers have been working with the landowner to resolve the unauthorised development in order to determined if the application for the carport can be supported.

The proposed development was assessed against the provisions of the Scheme and development requirements of the R-Codes and Local Planning Policy 6.1.3 – Domestic Outbuildings (the Policy).

Following liaison with shire officers the applicant is now seeking retrospective approval for the construction of:

i. a 5.4 x 5.4 metre (29sqm) carport;

ii. a 5.6 x 5.4 metre (30sqm) carport to be reconstructed to meet building code standards;

iii. a 3 x 2.4 metre (7.2sqm) addition to the dwelling for an outdoor laundry; and

iv. a 1.6 x 2.8 metre (4.48sqm) woodshed.

An aerial photograph and development plans area attached.

ATTACHMENT: 9.5.5(1)

The application is referred to Council for its determination as Shire officers do not have the delegated authority to determine applications for retrospective development approval.

PUBLIC Consultation Undertaken:

The application was referred to Main Roads WA (MRWA) and the affected landowner to the rear, in accordance with Clause 9.6 of the Scheme. A copy of the MRWA response is attached.

ATTACHMENT: 9.5.5(2)

COMMENT (Includes Options):

The provisions of the Scheme include the subject land with the Residential zone with a density of R5 in accordance with State Planning Policy 3.1 – Residential Design Codes (R-Codes). In accordance with Clause 4.3.2 the objectives of the zone is to provide for a range of housing choice with a high level of amenity in residential areas and which reflects a non-metropolitan lifestyle.

Historically, the subject land was zoned Rural under the provisions of Town Planning Scheme No. 2, meaning as long as development achieved the required setbacks, no further planning approval was required. The owner has advised that the unauthorised development occurred post zoning change and as such, may have needed approval.

R-Codes and Policy

As detailed within the R-Codes, development within an area coded R5 is usually required to provide for the following setbacks:

Front Boundary: 12 metres

Secondary Street: 6 metres

Rear Boundary: 6 metres

All structures have been assessed against the site coverage and setback requirements for a density of R5 and comply with the exception of the proposed woodshed to the rear of the property for which a 1.5 metre setback has been proposed. The proposed variation was referred to the affected landowners and no comments or objections were received.

On a separate but related matter, it should be noted that the subject land does not meet the minimum lot size of an R5 density being 2,000sqm and should realistically be assessed against the requirements relating to land coded R10. This would effectively reduce the rear setback from 6 metres to 3 metres. Approval to vary the rear setback would therefore still be required.

The woodshed is proposed to the rear of the property to facilitate the delivery of firewood from the laneway. The landowners have advised that delivery vehicles refuse to access the property from South Western Highway due to safety concerns.

Submission Received

In determining an application for planning approval, the provisions of Clause 10.2 of the Scheme require that the local government take into account comments or submissions received.

As mentioned above, the application was referred to MRWA for their comments as the development abuts a road under its control. The MRWA raised concerns relating to the likely increased traffic demands at the access point to the highway, which will increase the potential for traffic conflicts and safety. As the developments proposed relate to the residential use of the property, concerns that approval will result in increased traffic to and from the site are not supported.

MRWA has recommended that the Shire ensure adequate parking is provided onsite and impose a condition requiring a driveway/crossover upgrade to the highway. Given the residential nature of the development the dwelling is required to provide two parking spaces onsite, it is considered that the subject land adequately provides parking within the property boundaries.

Main Roads request for a condition to be imposed requiring an upgrade of the existing driveway crossover is not supported for the following reasons:

· The development proposed will not result in any increase in traffic; and

· A condition could not in the opinion of Officers be considered to be fair and reasonable.

Conclusion

Given the proposal did not receive any objections during consultation period and is considered to satisfactorily address the requirements of the Scheme, R-codes and Policy, Shire officers recommend retrospective approval be granted subject to conditions.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No. 4

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

The required retrospective application fee has been paid by the applicant.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, in accordance with Clause 5.5, Clause 8.6 and Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants retrospective development approval to the unauthorised development(s) at Lot 13347 (26871) South Western Highway, Palgarup (TP 204/2018) in accordance with the plans shown at Attachment 9.5.5(1), subject to the following conditions:

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

Reference	Document Title	Date Received
1.	Carport rear	7 December 2018
2.	Woodshed	7 December 2018
3.	Laundry	7 December 2018
5.	Freestanding carport front	7 December 2018
6.	Site Plan	7 December 2018

b) The approved carports and outbuildings are not to be used for human habitation or any purpose other than a domestic outbuilding, unless the further approval from the Shire of Manjimup is obtained; and

c) All stormwater and drainage runoff is to be retained on the subject property or be provided with stormwater drainage connections to the adjacent road drainage system at the developers cost to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

(i) The use of the rear access to the property at all possible opportunities is recommended to reduce the likely traffic conflict at the South Western Highway access point.

(ii) The proponent is advised that this retrospective approval will increase the site coverage to 25%, with a maximum permitted site coverage of 30%.

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

(iv) The proponent is advised that the development hereby approved must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the Building Act 2016.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27733

Reference	Document Title	Date Received
1.	Carport rear	7 December 2018
2.	Woodshed	7 December 2018
3.	Laundry	7 December 2018
5.	Freestanding carport front	7 December 2018
6.	Site Plan	7 December 2018

Advice to Applicant:

(i) The use of the rear access to the property at all possible opportunities is recommended to reduce the likely traffic conflict at the South Western Highway access point.

(ii) The proponent is advised that this retrospective approval will increase the site coverage to 25%, with a maximum permitted site coverage of 30%.

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

(iv) The proponent is advised that the development hereby approved must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the Building Act 2016.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.6 Retrospective Advertisement - Facade Signage at Lot 500 (93-101) Mottram Street, Manjimup

PROPONENT	Mrs T Crosby
OWNER	Manjimup Project Pty Ltd
LOCATION / ADDRESS:	Lot 500 (93-101) Mottram Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19122; P52213
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	12/02/2019
DECLARATION OF INTEREST:	The applicant is an employee of the Shire but has had no involvement in the processing of this application.

Background:

Council is requested to consider a retrospective development application for an Advertisement (Façade Sign) on Lot 500 (93-101) Mottram Street, Manjimup, being within the Woolworths shopping complex. A location plan is shown below.

Location Plan

Approval is being sought for a single sign 1.5 metre high, 6.1 metre wide façade sign, advertising the new shop within the complex. The sign has been designed in 2 parts, with each part of the sign having a width of 3.05 metres and have been joined by a central seam. The sign is located at the front of the shop, above the awning, approximately 6 metres from ground level. A copy of the submitted plan is attached.

ATTACHMENT: 9.5.6(1)

The application is referred to Council for determination given the retrospective nature of the application. The Advertisements (Façade Sign) was erected without the required development approval as identified by Local Planning Policy LPS4 6.1.4 Advertisements (the Policy).

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Scheme Requirements

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject property within the ‘Town Centre’ Zone. As prescribed by Clause 5.29 of the Scheme, advertising signs require prior planning approval, unless they are identified as exempt under Schedule 15. In respect of commercial premises such as shops, Schedule 15 states the following advertisements are exempt:

All advertisements affixed to the building below the top of the awning or, in the absence of an awning, below a line measured at 5 metres from the ground floor level of the building subject to a compliance with the requirements of the Signs Hoarding and Bill Posting Bylaws.

As the sign exceeds the above requirements, it is not exempt and therefore require the Shires planning approval.

LPS4 6.1.4 Advertisements

The Policy prescribes the development criteria to be used when assessing applications for all signs. Assessment of the application against the criteria confirms that the proposal complies with the general requirements for advertisements.

Council adopted Local Planning Policy LPS4 6.1.4 Advertisements on 8 December 2016 in order to guide officers in assessing applications for Advertising Signage. As detailed within the Policy, “An advertisement or advertisements shall not exceed, in total area, 25% of the area of any external elevation of the premises on which the advertisements are displayed.”

In this case, the proposed signage complies with the 25% requirement. It should be noted however that the aggregate area of signage is only 2m² less than the maximum percentage area of elevation permitted. It is recommended that the applicant be advised that any further signage will require assessment as a variation to the Policy.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Should Council resolve to grant its retrospective approval to the application, this will not impact on the ability for Council to commence legal action for a breach of the scheme should it wish to do so.

Organisational risk management:

Nil.

Financial Implications:

The appropriate retrospective development fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

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

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants retrospective approval for the Advertisement (Façade Sign) on Lot 500 Mottram Street, Manjimup (TP20/2019) in accordance with the submitted plans as shown at Attachment 9.5.6(1) and subject to the following conditions:

a) The signage hereby approved shall comply with the plans and specifications submitted, as listed below

Reference	Document Title	Date Received
1.	Photo of Sign	30 January 2019

b) The sign shall be kept clean, free from unsightly matter and in good condition and presentation at all times.

Advice to Applicant

The area of signage installed is close to exceeding the maximum percentage area of elevation permissible in accordance with Local Planning Policy 6.1.4 Advertisements, any further signage to be applied to the windows or building façade will require assessment as a variation to the provisions.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27734

a) The signage hereby approved shall comply with the plans and specifications submitted, as listed below

Reference	Document Title	Date Received
1.	Photo of Sign	30 January 2019

b) The sign shall be kept clean, free from unsightly matter and in good condition and presentation at all times.

Advice to Applicant

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.16.1 Unconfirmed Minutes of the Pemberton Town Centre Revitalisation Advisory Committee held on 12 February 2019

PROPONENT	Pemberton Town Centre Revitalisation Advisory Committee
OWNER	N/A
LOCATION / ADDRESS:	Pemberton Town Centre
WARD:	West
ZONE:	N/A
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170456
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	14/02/2019
DECLARATION OF INTEREST:	Nil

Background:

The Pemberton Town Centre Revitalisation Advisory Committee is an advisory committee of Council, formed under the provisions of the Local Government Act 1995. In accordance with the adopted Terms of Reference, the functions of the committee are:

1. Identification of opportunities for space activation within the main street or adjacent open space;

2. Liaison with other relevant community groups and/or service agencies over potential art or cultural projects; and

3. Assisting Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct.

The purpose of this agenda item is to receive the unconfirmed minutes of the Pemberton Town Centre Revitalisation Advisory Committee meeting held on 12 February 2019. A copy of the minutes is attached.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

As reflected within the unconfirmed minutes shown at the committee passed the following resolutions for consideration of Council:

Committee Recommendation		Officer’s Comment
1	That ‘Crosscut Place’ be the preferred proposal for the renaming of Hospital Avenue, Pemberton.	Supported, with a report to Council at the next Ordinary Meeting for formal consideration of name change.
2	To improve usability and functionality of Pemberton RSL Park, the Shire undertakes an audit of park facilities including shade sails, picnic and BBQ areas.	Supported, with the audit consisting of desktop analysis in order to minimise operational costs.
3	That Shire Officers investigate and cost the installation of free WI-FI for Pemberton Main Street.	Supported, given this is captured in Action B9 of the Shire’s Corporate Business Plan. Preliminary investigative work has already been completed in this area.
4	That the Shire of Manjimup assists in planning and preparation for events in Pemberton Town Centre, particularly New Year’s Eve celebrations/fireworks.	This recommendation is not supported, however, the Shire can investigate opportunities to assist and enhance the use of a designated area in town for Market Stalls/Pop-ups/Festivals with possible access to power and trafficable surfaces, during New Year’s Eve celebrations and other events.
5	That Michael Leers presents a plan for proposed landscaping to the town’s entrances as part of the Annual Street Tree Planting Program.	Supported.
6	That the Committee endorse Joanna Box to liaise with Pemberton Arts Group over the potential development of a sculpture trail which will link in with the Pemberton Pool Artwalk concept documented in “Tourism Futures – South West”.	Supported.
7	That consideration be given to undertaking an audit of current street bins with a view to increasing bin sizes to a minimum of 120 litres and using current streetscape artwork to screen bins.	Supported, with the audit to consider any upgrade or enhanced service alongside the current operational costs and capital budget priorities.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Revitalisation of the Pemberton Town Centre will ensure that the town 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:

Nil.

Financial Implications:

The result of a number of the committee’s recommendations will require further consideration against other priorities during upcoming budget deliberations.

Sustainability:

Environmental: The Committees aims to assist the Shire guide future developments in the town will

Economic: By addressing opportunities for space activation within the town centre, local businesses will benefit.

Social: The Terms of Reference for this committee pay particular attention to encouraging a cohesive social fabric.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive and note the minutes of the Pemberton Town Centre Revitalisation Advisory Committee held on 12 February 2019, as attached 9.16.1(1);

2. Approve the audit of shade structures, picnic shelters and BBQ’s in the Pemberton RSL Park consisting of a desktop analysis;

3. Approve Shire Officers to investigate and cost the installation of free WI-FI for Pemberton main street;

4. Approve Shire Officers to investigate opportunities for a designated area in town for Market Stalls/Pop-ups/Festivals with access to power and trafficable surfaces;

5. Approve Shire Officer’s to prepare a plan for proposed landscaping to the town’s entrances as part of the Annual Street Tree Planting Program;

6. Approve Joanna Box to liaise with Pemberton Arts Group over the potential development of a sculpture trail which will link in with the Pemberton Pool Artwalk concept documented in “Tourism Futures – South West”; and

7. Approve an audit of the current Pemberton main street bins with a view to increasing bin sizes to a minimum of 120 litres, to be considered alongside the current operational costs and capital budget priorities.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27736

That Council:

1. Receive and note the minutes of the Pemberton Town Centre Revitalisation Advisory Committee held on 12 February 2019, as attached 9.16.1(1);

2. Approve the audit of shade structures, picnic shelters and BBQ’s in the Pemberton RSL Park consisting of a desktop analysis;

3. Approve Shire Officers to investigate and cost the installation of free WI-FI for Pemberton main street;

4. Approve Shire Officers to investigate opportunities for a designated area in town for Market Stalls/Pop-ups/Festivals with access to power and trafficable surfaces;

5. Approve Shire Officer’s to prepare a plan for proposed landscaping to the town’s entrances as part of the Annual Street Tree Planting Program;

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.16.2 Unconfirmed Minutes of the Northcliffe Town Centre Revitalisation Committee Meeting held on 5 February 2019

PROPONENT	Northcliffe Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Northcliffe Town Centre
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160288
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	15/02/2019
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 unconfirmed minutes is attached.

ATTACHMENT 9.16.2(1)

PUBLIC Consultation Undertaken:

Nil.

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.	That the previous minutes of the Northcliffe Townscape Committee Meeting held on 20 November 2018 be modified to reflect that in adopting the minutes from the meeting held on the 2October 2018, a modification to the October meeting minutes was required to reflect that Shop and Business Owners had not been written to at that stage.	That Council acknowledge the modification requested.
2.	The retention of the existing kerbing within the Town Centre be supported subject to it be appropriately cleaned, representing a significant saving for the Town Centre Revitalisation Works program.	Recommendation supported. Refer to comment section below.
3.	The Shire be requested to revise previously prepared plans for the Northcliffe Pioneer Museum Carpark and cost the proposed works.	Recommendation supported. Refer to comment section below.

The existing kerbing on the western side of Wheatley Coast Road is in good structural condition. With some cleaning, the current appearance of the kerbing can be substantially improved without replacing it. Retention and cleaning of the existing kerbing represents a substantial saving when compared to the cost of removing and replacing the existing kerbing. It is therefore recommended that the committee recommendation be supported.

During the latest meeting, the committee heard from a representative of the Northcliffe Pioneer Museum committee. The committee has now provided feedback to the committee and shire officers regarding the future sealing of the Museum carpark off Wheatley Coast Road. By way of summary the feedback relates to the extent of the area to be sealed, a preference for red oxide asphalt and the need for drainage improvements.

The committee has requested that shire officers review plans previously prepared for the carpark, having regard to the committee’s request and cost the proposed construction for their further consideration. Detailed plans and costings are required in order for the works to be considered as part of any budget or grant application process. The committee recommendation is therefore supported.

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:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

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 5 February 2019 as attached at 9.16.2(1);

2. Notes that unconfirmed Minutes of the Northcliffe Town Centre Revitalisation Committee meeting held on 20 November 2018 have been modified to reflect that in adopting the minutes relating to the meeting held on 2 October 2018, the committee required a modification of the October minutes to reflect the fact that the shop and business owners had not been consulted in writing at that stage.

3. Support the retention of existing roadside kerbing located on the western side of Wheatley Coast Road subject to the kerbing being cleaned as part of the Northcliffe Town Centre Revitalisation program works;

4. Request the Chief Executive Officer to arrange review of the previously prepared plans and detailed costings relating to the carpark area at the Northcliffe Pioneer Museum having regard to the feedback obtained from the Northcliffe Pioneer Museum; and

5. Request the Chief Executive Officer to obtain comments on the revised plans and costings from the Northcliffe Town Centre Revitalisation Committee once available.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27737

That Council:

1. Receives and notes the unconfirmed Minutes of the Northcliffe Town Centre Revitalisation Committee meeting held on 5 February 2019 as attached at 9.16.2(1);

5. Request the Chief Executive Officer to obtain comments on the revised plans and costings from the Northcliffe Town Centre Revitalisation Committee once available.

ADOPTED BY EN BLOC RESOLUTION: 11/0

Councillor Daubney returned to the Chamber at 5.53pm.

ATTACHMENT

9.3.3 Budget Review Adjustments - December 2018

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160191
LEGISLATION:	Section 6.8 Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	14/02/2019
DECLARATION OF INTEREST:	Nil

Background:

Following a review of the monthly accounts to 31 December 2018 a budget adjustment sheet has been prepared to reflect variations to expenditure and revenue compared to that contemplated in the Adopted 2018/2019 Annual Budget.

ATTACHMENT: 9.3.3 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The December 2018 Monthly Financial Statement Report has been completed and is the subject of a separate agenda item providing a full explanation of “actual” compared to “budget” for the three months of operation to 31 December 2018.

Adjustments required to the 2018/2019 adopted budget, already approved by Council by way of specific agenda items, are:

o Every Club Program $15,832 – Recognise contributions from Department of Local Government, Sport and Cultural Industries(DLGSCI) and Shire of Nannup for the Every Club Program;

o AquaCentre Pool Blankets $20,000 – Transfer $20,000 from the Manjimup Regional AquaCentre Plant Reserve to replace old and deteriorated pool blankets;

o Waste Site Maintenance $20,000 – Transfer $20,000 from Waste Management & Site Development Reserve to allow for the stockpiling of capping material for future closures;

o Manjimup Lions Club $2,651 – Recognise Manjimup Lions Club grant to run Year One Super Readers Program; and

o Disposal TK14 Tip Truck $5,000 – Delay disposal of TK14 for 12 months to assist in tree watering program.

Proposed other adjustments not yet considered by Council are:

o Financial Assistance Grant – General Purpose $160,908 – Adjust 2018/2019 allocation to match funding to be received and allocated to the RSL Hall Redevelopment Project as per informal discussions with Council;

o Disability Services Commission $909 – Acknowledge grant to run International Day of People with a Disability;

o DLGSCI $3,000 – Acknowledge grant received to run Seniors Activation Program;

o Library Salaries $15,626 – Transfer from Library salaries $15,626 to Northcliffe Visitor Centre(NVC) contribution, as per the MOU as NVC now supply library services;

o Building Better Regions Fund $126,629 – Recognise actual amount received for 2018/19 budget after accrued income adjustment not accepted by auditors at end of year audit;

o Department of Communities $4,500 – Recognise successful grant application for the youth project – Latham Street Mosaic Project;

o Local Drug Action Group $2,545 – Recognise funding from the Local Drug Action group to support Youth Festival #SO_My_Fest;

o Carry Forward Surplus $53,920 – Adjustment to match budgeted carry forward surplus to actual surplus. Proposed to put excess funds in Staff Annual Leave and Long Service Leave Reserve as provision has already increased by $59,479 year to date. This is due to multiple employees moving from non-current to current (payable) provisions for Long Service Leave. This adjustment will assist in reversing the adverse trend to the Current Ratio; and

o Northcliffe Bush Fire Brigade Shed $295,000 – This adjustment is administration based, in the 2018/19 Adopted Budget the project was deemed capital but as the land relating to the project is owned by Department of Fire and Emergency Services (DFES) and the project is funded by DFES then the Shire has no ability to capitalise the asset. The adjustment moves the expenditure from capital to abnormal operating. Additional funding was also received to fit out the communal training and amenities area $105,000 from DFES.

STATUTORY ENVIRONMENT:

Section 6.8 (1) of the Local Government Act 1995 requires that expenditure not be incurred for an additional purpose unless authorised by Council.

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

Details of the recommended budget adjustments are attached.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council adopts the December 2018 budget adjustments as contained in Attachment: 9.3.3(1).

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27739

That Council adopts the December 2018 budget adjustments as contained in Attachment: 9.3.3(1).

CARRIED: 11/0

ATTACHMENT

9.5.1 Proposed Caravan Park at Lot 1 (11342) Vasse Highway, Yeagarup

PROPONENT	Element Advisory Pty Ltd
OWNER	RAC Tourism Assets Pty Ltd
LOCATION / ADDRESS:	Lot 1 (11342) Vasse Highway, Yeagarup
WARD:	West
ZONE:	Tourist Enterprise
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/190 & P54494
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	14 February 2018
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for a proposed caravan park at Lot 1 (11342) Vasse Highway, Yeagarup (the subject site). The property forms part of Karri Valley Resort, which extends across Vasse Highway, and currently used for a resort reception and staff accommodation.

The subject site is a 27.29ha property located on the south side of Vasse Highway, approximately 20 kilometres west of the Pemberton townsite. As shown on the location plan below, the Greater Beedelup National Park abuts the southern and western boundaries. Portion of the land abutting the south western corner is registered as contaminated due to the past use of the site as a land fill.

LOCATION PLAN

The application proposes a new caravan park and associated amenities, to be constructed in stages, that consist of:

· 145 caravan sites;

· 73 camping sites (53 sites, with 20 overflow sites);

· two camp kitchens;

· four ablution blocks;

· two barbeque areas;

· a BMX track;

· an amphitheatre to be used by campers on site. It is anticipated this will be used by the families for movie nights and kids recreational games; and

· associated parking, access and landscaping.

A copy of the proposed master plan and building details is attached.

ATTACHMENT: 9.5.1(1)

The proposed built form of the camp kitchens are to be consistent with other RAC caravan parks and will be of earthy colour tones and textures that complement the rural context and existing resort buildings. Access from Vasse Highway will be from the existing crossovers with new internal roads proposed for each stage of construction. All caravan sites are setback a minimum 50 metres from property boundaries, with the ablutions for stage 3 located 32 metres from the southern boundary.

Additional screen planting to Vasse Highway is proposed as well as shade planting to the camping and parking areas.

Given that the proposed development value is $4.8 million, Council is requested to determine the application given that exceeds Shire Officers delegated authority to determine applications less than $2 million in value.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Scheme to adjacent landowners and to State Government agencies. Three submissions were received, one from Main Roads Western Australia (MRWA), Department of Water and Environmental Regulation (DWER) and the Department of Biodiversity, Conservation and Attractions (DBCA).

The content of the submissions are detailed in the ‘Comment’ section of this report. A copy of the submissions is attached for Council’s reference.

ATTACHMENT: 9.5.1(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject site within the ‘Tourist Enterprise’ zone, identifying the area as Tourist Enterprise Area No 3 and Development Investigation Area 28. As outlined in Clause 4.11 the purpose of the zone is to “encourage the development of a wide range of tourist and recreational facilities and quality tourist accommodation and activities for visitors at appropriate locations within the rural areas and townsites of the local government area.”

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

Matters to be considered

As outlined in clause 10.2 of the Scheme, when considering an application for development approval, the local government must have regard to various matters, including but not limited to:

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

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

(xxvi) any relevant submissions received on the application

Land Use Classification

The proposed land uses area consistent with the Scheme definitions for the use of ‘Caravan Park’ and ‘Camping Area’ being:

“caravan park” means an area set aside for the parking of caravans under the by-laws of the local government or the Health Act (Caravan Parks and Camping Grounds) Regulations 1974, made pursuant to the provisions of the Health Act 1911 (as amended), or any amendment thereto, or any regulation or by-laws from time to time standing in place of them.

“camping area” means land set aside for the erection of tents and other similar structure for temporary accommodation, and “camping” has a compatible meaning.

Both land uses are identified as permitted uses by the Scheme providing the use complies with the relevant development standards and the requirements of the Scheme.

Setbacks

Special provisions relating to Tourist Enterprise Zone No 3 stipulate that buildings are to be setback a minimum of 100m from abutting National Park. This is largely due to the potential threat of forest fire and/or other risks such as falling trees. In this instance however it must be noted that:

a) DBCA, in their submission has stated a preference for development to be setback 100m from the National Park, but acknowledge that this may not be achievable;

b) The application has been supported by a site-specific Bushfire Attack Level assessment demonstrating a BAL of BAL29 and a Bushfire Management Plan; and

c) The information outlined in point (b) above, demonstrates compliance with the Western Australian Planning Commission’s State Planning Policy No 3.7 relating to bushfire.

The development that is proposed is within the 100m setback preference of the National Park, includes two ablution blocks, a number of caravan and camping sites and a camp kitchen. For approval to be granted to the plans as submitted, a relaxation of the required setback will be required.

Relaxation of Standards

In accordance with clause 5.5 of the Scheme, the local government may approve an application for planning approval, despite the application not complying with a standard or requirement prescribed by the Scheme. In this case the applicants are seeking a relaxation of the 100m setback to National Park as prescribed by the Scheme.

In commenting on a previous proposal relating to staff accommodation on the property, DBCA advised a preference for a minimum setback of 50m to the adjacent Greater Beedelup National Park. This advice was a primary consideration in Council’s decision at its July 2018 Ordinary Meeting to approve new staff accommodation units on the property at a setback of 42 metres.

With respect to the current application, the only development proposed within 50 metres of the National Park boundary is an ablution block and no more than five camping sites. As these elements of the development are not permanent or habitable it is recommended that the variation be supported.

Car Parking

The application is proposing car parking pursuant to Schedule 7 – Division 5 Clause 17 – of the Caravan Parks and Camping Grounds Regulations 1997.

At the completion of the development a total of 63 car parking bays (not including individual caravan sites or visitor bays) will be provided. These are broken down into stages with stage 1 providing 36 bays for the 30 stage 1 camp sites.

Other Scheme Requirements

The application has been assessed against the provisions of the Scheme Clause 5.41.2.2 Development Standards for the Tourist Enterprise Zone, the site specific requirements outlined within Schedule 5 and the Development Guide Plan for the Karri Valley Resort. With the exception of the setback to the State Forest the proposal complies with all requirements.

Bushfire Management Plan (BMP)

As noted in the above section, the applicant has prepared a detailed BMP to reduce the threat to guests, staff and fire fighters in the event of a bushfire on or near the property. During the assessment of the application it was requested that the BMP be revised to provide a perimeter emergency access way and more detail on firefighting infrastructure. The BMP requires joint endorsement by the Shire and the Department of Fire and Emergency Services (DFES). A copy of the revised plan is attached.

ATTACHMENT: 9.5.1(3)

The BMP generally complies with the State’s bushfire management legislation. It is noted that a number of elements form part of the ongoing management of bushfire risk and that these will need to be implemented as part of the development of the caravan park and camping area. Conditions requiring the notification on title of an approved bushfire management plan, construction of the secondary access route, and the provision of fire reels and the strategic water supply for a fire event is recommended in the event Council approves the application.

The revised BMP has been referred to DFES, however at the time of writing no comments have been received. As the Shire is satisfied with the BMP, it is recommended that a condition be imposed requiring the endorsement of a BMP by the Shire and DFES to the satisfaction of the Chief Executive Officer of the Shire of Manjimup, prior to the commencement of the development.

Water Supply and Effluent Disposal

The proposed development will utilise the existing wastewater treatment facility and water supply located on Lot 1. It is proposed that the existing on-site effluent disposal system will be extended to service the proposed development. The effluent system is not expected to impact on guests given that the existing settlement ponds have been operating for many years without a reported incident of odour and there will be a separation distance of approximately 100 metres on completion of the development.

Submissions

In determining an application for planning approval, the provisions of Clause 10.2 of the Scheme require that the local government take into account comments or submissions received. Details of the comments/submissions received are contained below.

Main Roads WA Advice

The MRWA advised that it had no objection to the proposal subject to the following conditions:

“1) The two existing driveway/crossovers to Vasse Highway to be upgraded and repaired to the satisfaction of Main Roads including wide turning radius suitable for large vehicles and caravans.

2) The proposed emergency access to Vasse Highway to be relocated within the site without connection to the Vasse Highway.”

Within their submission, MRWA notes that the access driveways from Vasse Highway are showing signs of wear and are in poor condition. Repair and upgrading of the crossovers to ensure a wider turning circle, catering for large vehicles and caravans is supported.

Given the Bushfire Prone nature of the property, shire officers do not support MRWA comments in respect of the secondary emergency access and recommended that approval be granted to this secondary emergency access being proposed in the preferred location for access/egress in case of a bushfire. It is proposed that the access way will be gated and locked mitigating the potential for regular vehicle conflicts.

DBCA Parks and Wildlife Advice

The DBCA advised that it had no objection to the proposal and provided advice as to the management activities that are likely to occur on the adjoining Greater Beedelup National Park and its preference for a setback distance of 100 metres where practical. This advice has been incorporated into the recommended advice notes.

DWER Contaminated Sites

The DWER provided no objection to the proposed development for tourist accommodation and provided advice in relation to land in the western portion of the site which is “possibly contaminated – investigation required.’ DWER advise that the proposed caravan park location is approximately 150 metres east of the wast facilities. DWER does not recommend any conditions of approval.

DWER Water and Environment

The DWER provided comments and advice in relation to the capacity of the existing wastewater treatment facility, referral to the Department of Health and the waste management plan; water licencing availability in the area and the clearing of native vegetation. Conditions and advice have been recommended in response to the DWER’s advice.

Conclusion

The proposed caravan park at Lot 1 (11342) Vasse Highway, Yeagarup is considered consistent with the Scheme requirements. All documentation and submissions have been considered and the application is recommended for approval subject to the appropriate conditions and advice notes.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Contaminated Sites Act 2003

Caravan and Camping Act 1995

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

Policy / Strategic Implications:

The proposal is considered to achieve the Shire of Manjimup’s Strategy Community Plan 2017-2027 Strategy A13 – Enforce compliance with designated camping areas and Strategy B16 – support services and infrastructure to encourage caravan and RV tourism.

Organisational risk management:

Nil.

Financial Implications:

The required development application fee has been paid by the applicant.

Sustainability:

Environmental: As part of the site’s reorganisation some vegetation and trees require removal. New vegetation and shade trees are proposed as part of the site’s redevelopment.

Economic: Within the scope of this proposal, the economic value of this development is two-fold. During construction and operation of the caravan park, there will be opportunity for local trades and services to be involved in the project.

Social: During each stage of development the site will create more opportunities for additional tourism and tourist related activities.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 and Clause 5.5 of Shire of Manjimup Local Planning Scheme No.4 approves the application for a caravan park, camping area and associated facilities at Lot 1 (11342) Vasse Highway, Yeagarup (Application TP185/2018) subject to the following conditions and advice:

Reference	Document Title	Date Received
SK01	Master Plan Rev H	12 February 2019
Sheet 4 of 9	Kitchen Floor Plan	30 October 2018
Sheet 4 of 9	Kitchen Elevations	30 October 2018
4.	Ablutions Floor Plan	30 October 2018
5.	Ablutions Elevation	30 October 2018

b) Prior to the commencement of development, the submitted Bushfire Management Plan (Rev C) dated 29 January 2019, is to be jointly endorsed by the Department of Fire and Emergency Services and the Shire of Manjimup to the satisfaction of the Shire of Manjimup;

c) A notification, pursuant to Section 165 of the Planning and Development Act 2005, is to be placed on the certificate of title, advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

‘This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and is be subject to a Bushfire Management Plan. Additional planning and building requirements may apply to development on this land’;

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

e) The submitted Bushfire Attack Level (BAL) Assessment shall be implemented and the on-going management provisions of the (BAL) Assessment shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup;

f) A traffic impact statement shall be prepared and submitted for approval prior to the application for Building Permit to the satisfaction of the Shire of Manjimup in consultation with Main Roads WA;

g) A construction management plan shall be prepared and submitted for approval prior to the application for Building Permit, detailing the arrangements to be put in place during construction including, access, storage of materials, dust and noise mitigation and drainage to the satisfaction of the Shire of Manjimup;

h) A waste management plan shall be prepared and submitted for approval prior to the application for Building Permit, detailing the management of wastewater treatment/disposal, food/organic waste and general rubbish;

i) The proposed development shall be clad or coloured to complement either the surroundings in which it is located or adjoining developments to the satisfaction of the Shire of Manjimup, a schedule of colours and materials shall be submitted and approved prior to application for Building Permit;

j) 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 guests to the satisfaction of the Shire of Manjimup, details of which are to be provided prior to the application for Building Permit.

k) A lighting plan designed to comply with Schedule 7 – Division 9 s.32 of the Caravan and Camping Regulations 1997 is to be submitted and approved prior to the application for Building Permit. All lighting is to be installed and operated as per the approved plan to the satisfaction of the Shire of Manjimup;

l) All stormwater and drainage runoff is to be retained on the subject property or disposed of at the developers cost using methods to the satisfaction to the Shire of Manjimup, details of which are to be provided and approved prior to the application for a building permit;

m) The approved development shall be connected to a water supply that meets Australian Drinking Water Guidelines or other standard approved by the Department of Health prior to occupation to the satisfaction of the Shire of Manjimup;

n) The approved development shall be connected to the existing waste water treatment system to the satisfaction of the Shire of Manjimup and Department of Health prior to occupation, details of a waste water management plan shall be submitted and approved prior to application for Building Permit;

o) 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;

p) 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:-

i) 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;

ii) Any trees/shrubs to be removed;

iii) Any natural landscaped areas to be retained;

iv) Those areas to be reticulated or irrigated;

v) Verge treatments; and

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

q) Landscaping is to be undertaken in accordance with the approved landscaping plan to the satisfaction of the Shire of Manjimup and must be established prior to the occupation of the development, and be maintained to the satisfaction of the Shire of Manjimup;

r) r) The Bushfire Management Plan as approved by Department of Fire and Emergency Services shall be implemented and the ongoing provisions of the approved plan shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup.

Advice to Applicant

(i) The proponent is advised that this Development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.

(ii) All buildings are to be constructed in accordance with the Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup.

(iii) With regards to Condition m), the proponent shall demonstrate that the water requirements for the caravan park can be met; including drinking, irrigation, cleaning and toilet water; noting the importance of securing a water supply in view of the resource being fully allocated;

(iv) With regards to Condition n), the proposal is to be referred to the Department of Health regarding the future increase in wastewater disposal into the existing wastewater treatment system;

(v) The proponent is advised that the approved development involves the demolition of a building or structure and that, prior to any action being taken in that regard, application must be made to Shire of Manjimup for a demolition licence and the necessary licence granted.

(vi) The proponent is advised that the approved development must comply with all relevant provisions of the Health Act 1911 and the National Construction Code.

(vii) The proponent is advised that the following management activities may from time to time take place within the adjoining Greater Beedelup National Park:

· Prescribed burning for the enhancement and conservation of biodiversity and/or fire hazard reduction purposes.

· Application of herbicides and other chemicals for weed and plant disease control.

· Road construction and maintenance.

(viii) Where clearing of land is involved in any proposed development, the approval of the Department of Water Environment Regulation will be required under the provisions of the Environmental Protection (Clearing of Native Vegetation) Regulations 2004.

COUNCIL RESOLUTION:

Moved: Herbert, V Seconded: Ventris, M

27740

Reference	Document Title	Date Received
SK01	Master Plan Rev H	12 February 2019
Sheet 4 of 9	Kitchen Floor Plan	30 October 2018
Sheet 4 of 9	Kitchen Elevations	30 October 2018
4.	Ablutions Floor Plan	30 October 2018
5.	Ablutions Elevation	30 October 2018

m) The approved development shall be connected to a water supply that meets Australian Drinking Water Guidelines prior to occupation to the satisfaction of the Shire of Manjimup;

n) Prior to the occupation of the development hereby approved, the development shall be connected to the existing waste water treatment system to the satisfaction of the Shire of Manjimup.

p) 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:-

i) 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;

ii) Any trees/shrubs to be removed;

iii) Any natural landscaped areas to be retained;

iv) Those areas to be reticulated or irrigated;

v) Verge treatments; and

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

r) The Bushfire Management Plan as approved by Department of Fire and Emergency Services shall be implemented and the ongoing provisions of the approved plan shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup.

s) “This approval shall expire if the development hereby permitted is not completed within five (5) years of the date hereof or within any extension of that time which, upon written application (made before or within 21 days after the expiry of the approval) to Council, is granted in writing.

Advice to Applicant

(ii) All buildings are to be constructed in accordance with the Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup.

(iv) With regards to Condition n), the proposal is to be referred to the Department of Health regarding the future increase in wastewater disposal into the existing wastewater treatment system;

(vi) The proponent is advised that the approved development must comply with all relevant provisions of the Health Act 1911 and the National Construction Code.

(vii) The proponent is advised that the following management activities may from time to time take place within the adjoining Greater Beedelup National Park:

· Prescribed burning for the enhancement and conservation of biodiversity and/or fire hazard reduction purposes.

· Application of herbicides and other chemicals for weed and plant disease control.

· Road construction and maintenance.

(viii) Where clearing of land is involved in any proposed development, the approval of the Department of Water Environment Regulation will be required under the provisions of the Environmental protection (Clearing of Native Vegetation) Regulations 2004.

CARRIED: 11/0

9.5.2 Request for Establishment of Overnight Parking for Self-Contained Recreational Vehicles - Pioneer Park, Walpole

PROPONENT	Shire of Manjimup
OWNER	Crown Land
LOCATION / ADDRESS:	Pioneer Park – South Coast Highway, Walpole
WARD:	South
ZONE:	Recreation
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160708
LEGISLATION:	Caravan Park and Grounds Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	15 February 2019
DECLARATION OF INTEREST:	Nil

Background:

The Shire is in receipt of correspondence requesting that consideration be given to the establishment of an overnight parking area for recreational vehicles (RV’s) visiting the Walpole Townsite.

The Walpole Town Centre Advisory Committee considered this request at its meeting held on 11 December 2018. As detailed in item No 9.16.3 of this agenda, the committee did not support the request for the following reasons:

a) Due to the interference with the day to day use of the parking area for long vehicles (i.e. trucks); and

b) the disruption to the Westrail Bus and School Bus services which can be prevented from accessing the bus shelter by inappropriately parked vehicles.

As an alternative, the committee resolved to request that the Shire investigate other alternative locations. Options discussed at the meeting included the Walpole Boat Ramp, Town Jetty and a new access track that could be established connecting Chugg Street with the sealed carpark at Pioneer Park.

Council is now requested to formally consider the request relating to establishment of an overnight camping area for self-contained RV’s on the bitumen parking area at Pioneer Park.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Camping within Western Australia is regulated by the provisions of the Caravan Parks and Camping Ground Act 1995 and the associated 1997 Regulations. Further details on this legislation is provided within the Statutory Environment section below.

To assist Council in determining whether approval should be given in the form of an overnight RV camping facility in the Walpole Townsite, the following comments are offered.

The RV Industry in Australia

According to the Campervan and Motorhome Club of Australia (CMCA);

“With an estimated number of 620,000 registered RVs in Australia, RV tourism continues to have significant benefits to the economy. Recent surveys indicate that the economic benefits from CMCA activities alone are considerable. According to research, CMCA members spend an average of $770.00 per week when travelling on the road.”

The CMCA also advised that growth of the fully self-contained recreational vehicles tourism market continues to climb. RV users are well connected with each other via industry groups, social media and general comradery with each other whilst travelling.

As the number of RV’s travelling in the South West and Great Southern increases, the expectation for Local Governments to provide facilities also increases. There are numerous sites available on Crown, Local Government and privately owned land which provide short stay camping facilities for visitors to the South West. RV travellers however, seek short term (24/48 hour), low cost (preferably free) parking in town centres with access to potable water and a free dump point.

Self-Contained RV’s

Fully self-contained RV’s contain their Kitchen, Toilet and Shower facilities. They do not require connections to services and contain all of their own waste matter including rubbish, black water and grey water.

RV Friendly Town Program

The CMCA operates an “RV Friendly Town™” program aimed at assisting RV consumers travelling within Australia. To qualify as an RV Friendly Town, the town must meet the following criteria:

Essential

Provision of appropriate parking within the town centre, with access to a general shopping area for groceries and fresh produce.

Provision of short term, low cost overnight parking (24/48 hours) for self-contained RVs, as close as possible to the CBD.

Access to potable water.

Access to a free dump point at an appropriate location.

Desirable

Provision of long term parking for self-contained RVs.

Access to medical facilities or an appropriate emergency service.

Access to a pharmacy or a procedure to obtain pharmaceutical products.

Visitor Information Centre (VIC) with appropriate parking facilities.

VIC to provide a town map showing essential facilities, such as short and long term parking areas, dump point and potable water.

RV Friendly Town™ signs to be erected within the town precinct.

Benefits of Program

As stated on their website, the CMCA has identified the following benefits associated with being identified as an RV Friendly Town:

· CMCA will promote the RV Friendly Town™ in GeoWiki, The Wanderer and on our website and social platforms.

· A one-off article about the town, accompanied by an image, will be published in one edition of The Wanderer.

· When RV travellers spot the RV Friendly Town™ sign, they are aware that it determines a short-term, overnight parking/rest area will be available low-cost. If you can offer an incentive or reduced cost for CMCA members, your patronage will be significantly enhanced.

· Visitors will quickly spread the word that a new RV Friendly Destination is available.

· Depending on the location, RV travellers can contribute to the community in a variety of ways, environmentally, socially and economically which will see an increased patronage of local businesses.

Previous Application for RV Friendly Status - Northcliffe

At the Ordinary Council meeting held on 23 March 2017 Council resolved the following:

“2. Agree to enter into agreement with the Campervan and Motorhome Club of Australia for Northcliffe town site to be designated as an Recreational Vehicle Friendly Town on the proviso that the criteria for the “Provision of short term, low cost overnight parking (24/48 hours) for self-contained RVs, as close as possible to the CBD” is agreed as being able to be provided by the existing local commercial operators.”

The application was to be made on the basis that ‘low cost’ camping was available at two existing Caravan Parks/Camping Grounds located nearby.

A comprehensive application was made to the Caravan and Motorhome Club of Australia (CMCA) in 2017 seeking accreditation as a ‘RV Friendly Town’. After numerous exchanges of information, the CMCA declined the application based on non-compliance with one of the essential criteria – ‘Provision of short term, low cost overnight parking (24/48 hours) for self-contained recreational vehicles, as close as possible to the CBD.’

Clarification of the decision provided by CMCA for the purposes of this report was that the area proposed for overnight parking was too far from the CBD.

Advice from other Local Governments

Telephone conversations with other Local Governments who facilitate RV camping sites identified the following information.

· RV users are generally very tidy and do not generate many complaints.

· When complaints are received they relate to;

o Staying more than the allocated time

o Staying in a non-compliant vehicle (ie not fully self-contained or in a tent)

o Staying alongside a paid facility and using its equipment without payment.

· Users will often report faults or accumulation of rubbish;

· Competition with existing facilities was mentioned by all but one Shire. These Shire’s noted that they had complainants who were against the facilities who subsequently monitored compliance issues and would report these for Shire follow-up;

· Allowing a stay for up to 48 hours meant travellers stayed longer in the district;

· One Shire has a letterbox for visitors to place receipts of money spent in the area to track the economic gain; and

· Observations made by Shire officers is that most nights 3-4 vehicles are on site however, during the holiday season this increases to 10-12. Photographs of up to 11 vehicles camping are held by the Shire, including vehicles that were not self-contained.

Site Suitability

In determining the suitability of a site for RVs, statutory requirements which must be considered include;

· The land must be a suitable place for camping especially with respect to health, safety and access to services.

· The size of the land with regard to the number of parking bays to be provided. Regulation 52b requires 25m²per parking bay.

· Control of animals, predominantly dogs.

· Speed limit, Regulation 26 requires less than eight kilometres per hour.

· Noise and other potential nuisance issues.

· The length of stay – 24, 48 or 72 hours.

Once established, monitoring of the site(s) is required to ensure compliance with the self-contained criteria and avoid issues that have been highlighted by other local governments. Post site selection, any enforcement should be complimented by appropriate signage and information available via the Shire’s website for potential users to access prior to arrival.

Length of Stay

Council previously resolved not to support the establishment of a free camping for self-contained RV’s for up to a 72 hour period within Northcliffe, due to the potential competition with existing businesses.

Should Council wish to give further consideration to the establishment of an RV overnight area in Walpole, it is strongly recommended that the length of stay be restricted to 24 hours. Persons wishing to stay in the area longer would then be encouraged to relocate to commercial operations in the area through appropriate signage to be erected.

Conclusion

Whilst the merit behind the request is noted the Town Centre Revitalisation Committee has indicated that the use of the sealed parking area at Pioneer Park would most likely be problematic due to potential conflict with bus movements and the popularity of the area for long vehicles including trucks, caravans and other tourist traffic.

As the area is already identified for caravans and long vehicles for “Day Parking Only”, permitting overnight camping could also result in longer stays under current arrangements. For example arriving during the day, staying overnight and not leaving until late the next day.

Having regard to the committees feedback, it is recommended that all other potential sites within Walpole should be identified and examined.

STATUTORY ENVIRONMENT:

Camping within Western Australia is regulated by the provisions of the Caravan Parks and Camping Ground Act 1995 and the associated 1997 Regulations.

As defined by the Act, a camp “means any portable shed or hut, tent, tent fly, awning, blind or other portable thing used as or capable of being used for habitation and includes a vehicle...”. The Act further defines that a vehicle is “a conveyance (other than a train, vessel or aircraft) capable of being propelled or drawn on wheels”. Sleeping within a vehicle is therefore considered camping.

Policy / Strategic Implications:

It is observed that community opinion in Walpole is somewhat divided over the issue of overnight camping within the Pioneer Park sealed parking area. Whilst some support exists to encourage increased visitor numbers, over use of the area has resulted in access to the carpark being restricted.

To ensure that all options for overnight parking are considered it is recommended that the Chief Executive Officer be requested to complete an audit of potentially suitable locations for an overnight camping area for self-contained Recreational Vehicles in Walpole for Council’s further consideration.

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: The approval of free RV camping facilities is likely to have some impact on existing camping sites in the vicinity of the town site. RV campers do however, contribute financially to other service providers in the district.

Social: In accordance with the Shires Strategic Community Plan, RV facilities encouraged throughout the Shire district as it promotes community interaction with tourists visiting the area.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. having regard to the recommendations of the Walpole Town Centre Revitalisation Committee, not support the request for establishment of a free overnight camping area for self-contained vehicles within the sealed parking area located at Pioneer Park; and

2. request the Chief Executive Officer to complete an audit of potential locations within the Walpole Townsite that may be suitable for overnight camping within self-contained recreational vehicles.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Herbert, V

27741

That Council:

1. Authorises the Chief Executive Officer to proceed with a 21 day public consultation process seeking comment on the potential use of the hardstand within Pioneer Park for overnight camping for vehicles.

2. Await a further agenda item following completion of the public consultation process outlined in point No 1 above.

MOTION carried 10/1

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

Reason:

· To allow the Council to seek feedback from the general public on the potential use of the hardstand area in Pioneer Park for travellers to rest overnight in Walpole.

ATTACHMENT

9.5.3 Retrospective Application for Massage Clinic at Lot 8 (19) Cooper Lane, Walpole

PROPONENT	Mr & Mrs Burrell
OWNER	Mr & Mrs Burrell
LOCATION / ADDRESS:	Lot 8 (19) Cooper Lane, Walpole
WARD:	South
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/214 P57708
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	31/01/2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for retrospective approval to a Massage Clinic at Lot 8 (19) Cooper Lane, Walpole. A location plan is provided below.

LOCATION PLAN

The subject land is 374m² in area and contains a single storey dwelling that consists of three bedrooms, two bathrooms and an Office, with a double garage under the main roof.

During a review of the local newspaper circulating the area, it was identified that a massage business had recently commenced operating from a dwelling at the property. A search of the Shire records confirmed that no approval has been granted for the use of the property for a home based business that attracts customers.

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

· Front ‘office’ space of 20sqm to be used for massage clinic; and

· A single visitor parking bay on the verge.

A copy of the submitted floor/site plan is attached.

ATTACHMENT: 9.5.3(1)

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

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Local Planning Policy 6.1.6 for a 21 day period to the adjoining land owners. No comments were received during the advertising period.

COMMENT (Includes Options):

The subject site is zoned Town Centre under the provisions of Local Planning Scheme No. 4 (the Scheme). As outlined in Clause 4.2.1 the purpose of the Town centre zone is to provide for the establishment and ongoing development of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of the surrounding areas. The objectives of the zone support the establishment of a range of commercial activities.

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

Land Use Classification

Initially Shire Officers were under the impression that approval was being sought for a home based business. However further information obtained from the submitted application and discussion with the landowner has confirmed that the operator does not reside at the property and is using the front office only.

As an independent use, the massage clinic falls within the landuse definition of “consulting rooms”, which the Scheme defines as follows:

“consulting rooms – means premises used by no more than 2 health consultants for the investigation or treatment of human injuries or ailments and for general outpatient care.”

Should the application be approved, the balance of the premises could still be utilised as a 3 bedroom, two bathroom home.

Land Use Permissibility

“Consulting Rooms” are an ‘A’ use within the Town Centre zone, which a use that is permitted by the Scheme subject to compliance with the relevant development standards and the requirements of the Scheme.

Car Parking Requirements

As the proposal relates to an existing development, the most important development standards relate to car parking. As indicated on the submitted site plan, the operator of the business states that they will park “off-site”, with a single parking bay for customers to be located within the adjacent verge, leaving the driveway clear for use associated with the dwelling.

Table 2 of the Scheme, details that off-street parking for consulting rooms is usually required at a rate of four (4) car parking bays per practitioner for the first practitioner and two (2) bays for each practitioner thereafter. A minimum of four (4) dedicated parking bays are therefore required for the consulting room. These bays must be in addition to a minimum two carbays.

In accordance with clause 5.17.4 of the Scheme, car parking bays “shall be provided on the site the subject of the proposed development, or with the approval of the local government in the immediate vicinity thereof; provided that where parking is to be located off site, arrangements for the permanent retention of that parking accommodation can be set in place to the satisfaction of the local government.” Clause 5.17.9 of the Scheme, furthermore requires that except as otherwise approved by the local government, all parking areas are to be constructed with a sealed surface, drainage and line marking.

The application as submitted therefore does not comply with the requirements of the Scheme in respect of required parking numbers, location on the property or the form of construction normally required.

Relaxation of Standards

The power conferred by clause 5.5 cannot be applied to a requirement set out in the Residential Design Codes and may only be exercised where the local government is satisfied that:

(i) Approval of the proposed development would be appropriate having regard to the criteria set out in clause 10.2; and

(ii) The non-compliance will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.

Further information regarding the requirements of clause 10.2 is provided below.

Matters to be Considered

Clause 10.2 of the Scheme requires that in considering an application for planning approval, the local government are to have regard to various matters, including, but not limited to:

(i) the aims and provisions of the Scheme;

(ii) the requirements of orderly and proper planning;

(x) the compatibility of the use or development with its setting, including the potential impact on the use and enjoyment of adjacent and nearby land;

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

(xxviii) any other planning consideration the local government considers relevant.

With respect to this application, whilst the purpose of the Town Centre Zone is to provide for a diverse range of commercial activities, the proposal is not considered to be consistent with the requirements of orderly and proper planning given that the proposed parking arrangements are inadequate. This is likely to lead to either cars parking within the driveway of the home, preventing access to parking bays associated with the home, or on the adjacent road verges.

Although Cooper Lane is a relatively minor local road, it services the rear of commercial properties located in Nockold Street. As a result, traffic in the street is a mixture of commercial and domestic vehicles. Given this and the fact the subject land is adjacent to a fairly significant bend in the road, it is considered that verge parking is inappropriate.

Approval to a commercial use in the absence of any parking for customers on site is not supported and could potentially create an undesirable precedent for future development in the area.

Conclusion

The proposed massage clinic at Lot 8 (19) Cooper Lane, Walpole involves the commercial use of one room and a toilet within a residential dwelling where the operator does not reside in the dwelling. Parking on site is limited to a double garage under the main roof and the associated double driveway servicing that garage. This parking is required to service the ongoing residential use.

In the absence of parking on site, cars visiting the premises are likely to park roadside or on adjacent verges. Parking in such a form is not supported, particularly given the mix of commercial and domestic vehicular traffic on Cooper Lane.

Given the above and the fact that approval to the application as submitted is likely to create an undesirable precedent for similar commercial land uses with no on-site parking, it is recommended that the application be refused and the use be required to cease.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No. 4

Policy / Strategic Implications:

The proposal meets Strategy B12 of the Shire of Manjimup’s Strategic Community Plan – Providing development opportunities and support local small businesses to thrive.

Organisational risk management:

Approval to the parking arrangements is likely to result in the inappropriate parking of vehicles attending the premises. Given the properties location on a bend in the road, this could lead to conflicting traffic movements.

Financial Implications:

The required development application fee for retrospective approval has been paid by the applicant.

Sustainability:

Environmental: Nil

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

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. in accordance with Clause 10.3 of Shire of Manjimup Local Planning Scheme No.4 refuse to grant its retrospective approval to the proposed Massage Clinic (Consulting Room) at Lot 8 (19) Cooper Lane, Walpole (TP209/2018) for the following reasons:

a. The proposal as submitted does not provide adequate parking on-site in accordance with clause 5.17.3 and associated Table 2 of Local Planning Scheme No 4; and

b. Approval to the application as submitted would create an undesirable precedent for the establishment of commercial uses within a dwelling and in the absence of any on-site parking;

2. require that the Massage Clinic referred to in point 1 above to cease operation within 21 days of the date of this decision; and

3. advise the applicant that it is not prepared to support an application for commercial use of the property, unless the proposed use is to be undertaken by a resident of the dwelling and car parking requirements being addressed.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Skoss, K

27742

That Council:

a. The proposal as submitted does not provide adequate parking on-site in accordance with clause 5.17.3 and associated Table 2 of Local Planning Scheme No 4; and

b. Approval to the application as submitted would create an undesirable precedent for the establishment of commercial uses within a dwelling and in the absence of any on-site parking;

2. require that the Massage Clinic referred to in point 1 above to cease operation on 31 May 2019; and

CARRIED: 11/0

9.13.1 Proposed Budget Amendment for Windy Harbour Road (SLK2.0-3.3) Reconstruction

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Windy Harbour Road
WARD:	Coastal
ZONE:	NA
DIVISION:	Works and Services
FILE REFERENCE:	F170523
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	4 February 2019
DECLARATION OF INTEREST:	Nil

Background:

The Shire’s 2018/19 Capital Program identifies $375,000 for reconstruction of Windy Harbour Road straight-line kilometre (SLK) 2.0 to 3.3. These funds are comprised of grant funding of $250,000 from Main Roads WA Regional Road Group (RRG) and $125,000 from municipal funds.

Soon after completion of road construction works, Shire Officers identified failures in the gravel pavement and bitumen. These failures must be repaired in order to prevent further areas of the road failing and to correct the bitumen back to a durable condition. This issue was discussed at Council’s Information Briefing of 7 February 2019.

Officers have identified the Shire budget for Roads-Minor Works Various $45,000 that can meet the shortfall and seek Council approval for the budget amendment.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Shire commenced reconstruction of SLK 2.0 to 3.3 Windy Harbour Road in November 2018 with construction works being complete in January 2019. Works still to be complete include line marking and signage replacement.

Following application of the bitumen seal, sections of the newly constructed road surface showed signs of failure as previously described. The cause of this failure is due to a high moisture content in the gravel pavement. Unfortunately, the timing of the bitumen sealing contractor’s availability did not coincide with the availability of the Shire’s final quality assurance (QA) tests. The result being Officers were unable to confirm the gravel moisture content at the time the bitumen seal was applied.

The alternative of not sealing the gravel at this time meant the bitumen contractor would not be available again for up to four weeks. The delaying of the bitumen seal would have required significant reworking of the gravel pavement, incurring a similar cost and budget over spend. Shire Officers therefore made the decision to proceed with sealing in the absence of final QA tests based on previous experience and similar road construction projects, particularly on Windy Harbour Road.

Shire Officers have identified procedures to repair the failure involving removal and incorporating the top layer onto the gravel pavement as and where required, levelling of the final surface and then a new application of bitumen on the repaired pavement areas, with all works carried out by Shire staff, plant and equipment at a cost of $45,000.

As there is yet to be an approved scope of works and with no expenditure programmed for the 2018/19 Roads-Minor Works Various $45,000, this allocation may be considered available, and pending Council approval, could be allocated to the repairs required on SLK 2.0 to 3.3 Windy Harbour Road.

STATUTORY ENVIRONMENT:

Local Government Act 1995 requires budgets be set by Council by absolute majority.

Policy / Strategic Implications:

The Shire and Main Roads WA consider Windy Harbour Road as a road of significance in the Roads South West 2030 document. The Shires Road Hierarchy Policy also identifies Windy Harbour Road as a district distributor road.

Organisational risk management:

Due to timing of contractor availability, a judgement decision was made to apply a bitumen seal in the absence of QA data. The alternate to hold off sealing works would have then required significant reshaping of the gravel pavement to prepare for sealing, incurring similar budget over-run costs. A failure to fund repair of the road construction works imposes a significant road safety hazard risk.

Financial Implications:

There are no financial implications for 2018/19 Budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: This action will ensure safe and useable roads for the community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council approve the budget amendment of $45,000 from the 2018/19 Infrastructure Works Budget Roads - Minor Works Various, to Windy Harbour Road (SLK2.0-3.3) reconstruction program in order to undertake the necessary repair works, in accordance with table below.

Description

Current Budget

Proposed Budget

Variation

Roads-Minor Works Various

Windy Harbour Road (SLK2.0-3.3)

$45,000

$375,000

$420,000

($45,000)

$45,000

Net Rate Funds

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Skoss, K

27743

Description

Current Budget

Proposed Budget

Variation

Roads-Minor Works Various

Windy Harbour Road (SLK2.0-3.3)

$45,000

$375,000

$420,000

($45,000)

$45,000

Net Rate Funds

CARRIED: 11/0

ATTACHMENT

APPENDIX

9.16.3 Unconfirmed Minutes of the Walpole Town Centre Revitalisation Committee Meeting held on 11 December 2018

PROPONENT	Walpole Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Walpole Town Centre
WARD:	South
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160289
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	15/02/2019
DECLARATION OF INTEREST:	Nil

Background:

The Walpole Town Centre Revitalisation (TCR) Committee is an advisory committee of Council, formed under the provisions of the Local Government Act 1995. In accordance with the adopted Terms of Reference, the functions of the committee are:

· To develop, monitor and review the Walpole Townscape Plans;

· Provide advice priorities;

· Assist in co-ordinating community participation; and

· Communicate and inform the local community about townscape planning/works.

The current Terms of Reference were adopted by Council at its October 2018 meeting, reflecting the fact a vacancy had been created through the resignation of a community representative. A copy of the adopted Terms of Reference is appended.

APPENDIX: 9.16.3(A)

The purpose of this agenda item is to receive the unconfirmed minutes of the Walpole Town Centre Revitalisation Committee meeting held on 11 December 2018. A copy of the unconfirmed minutes are shown attached.

ATTACHMENT: 9.16.3(1)

PUBLIC Consultation Undertaken:

A vacancy on the Walpole TCR Committee was advertised within the Walpole Weekly, closing on 12 December 2018. At the close of submissions, a total of three nominations were received.

COMMENT (Includes Options):

As reflected within the unconfirmed minutes shown at Attachment: 9.16.3(1), the committee passed the following resolutions for the consideration of Council:

Committee Recommendation

Officer’s Comment

New Nominations

That subject to no further nominations being received by 12 December 2018 that the committee recommends Council accept Rod Burton’s nomination and amend the Terms of Reference.

A further nomination has been received, which must be considered by the committee. Refer to comment below.

Overnight RV Parking – Pioneer Park

That an RV Park not be supported in this location due to the interference with the day to day use of the parking area for long vehicles (i.e trucks) and the disruption to the Westrail Bus and School Bus.

The recommendation be noted. Matter subject of a separate agenda item. Refer to comments on overnight parking in comment section.

Overnight RV Parking – Walpole Townsite

That Shire Officers to investigate further options for establishment of overnight RV parking bays.

The recommendation be supported.

Heritage Icon

That the Heritage Icon be placed on the eastern side of the entry to the Park.

The recommendation be supported.

Committee Nominations

At its meeting held on 18 September 2018, Jennifer Wilcox resigned from her position on the Walpole TCR Committee. At that same meeting, the committee recommended that the vacancy be advertised. In response, at its Ordinary Meeting held on 18 October 2018, Council resolved to acknowledge the resignation and proceed to call for nominations for the vacant position.

At the time of the Walpole TCR Committee meeting held on 11 December 2018, two nominations had been received for the vacant position. Considering those subdivisions, the committee resolved that subject to no further nominations being received, that Mr Rod Burton be appointed to committee. Subsequently an additional nomination was received prior to the close of advertising. This nomination is yet to be considered by the committee.

Prior to the committee meeting being closed, member Adele Brown tendered her resignation from the committee due to a change in her employment. With three nominations received for the vacancy created through the resignation of Jennifer Wilcox, it is recommended that the committee be requested to consider nominating two of the three nominees to fill the two vacant positions, in accordance with the Terms of Reference.

In the interim, it is also recommended that Council adopt revised Terms of Reference for the committee reflecting the fact that there are currently two vacancies on the committee. A draft of the revised Terms of Reference is shown attached.

ATTACHMENT: 9.16.3(2)

Overnight Recreational Vehicle (RV) Parking

During the meeting, the committee was made aware of reports that a significant number of unauthorised RV’s were parking overnight on the sealed car park area in Pioneer Park. The committee was also advised correspondence that had been received by the Shire asking for an Overnight RV Parking area to be established within Pioneer Park. In response, the committee resolved:

a) Not to support the request for use of the sealed parking area for overnight RV parking due to the interference it creates with the day to day use of the parking area by long vehicles and disruption to Westrail and School bus movements; and

b) Request that the Shire examine other alternative locations for the establishment of overnight RV Parking.

Further information on this matter is provided within Item 9.5.2 of this agenda, relating to the specific request received for establishment of an overnight RV parking area in Walpole.

Heritage Icon

Works associated with improvements to the South Western Highway abutting Pioneer Park, resulted in the need to remove a Heritage Icon artwork located west of the driveway entrance. The committee has now supported relocation of the Icon to a new position on the eastern side of the driveway entrance.

Shire officers have liaise with the icon artist, who is supportive of the proposed location.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council;

1. Receive and note the minutes of the Walpole Town Centre Revitalisation Committee meeting held on 11 December 2018;

2. Acknowledge the resignation of Mrs Adele Brown from her position as community representative of the Walpole Town Centre Revitalisation Committee;

3. Request the Walpole Town Centre Revitalisation Committee to consider filling the two current vacancies from the three nominations received for the vacancy created through the resignation of Mrs Jenny Wilcox;

4. Support the committee recommendation for the Walpole Heritage Icon to be erected on the eastern side of the primary entrance to Pioneer Park; and

5. Amend the Terms of Reference to reflect the resignation of Mrs Adele Brown as shown at Attachment: 9.16.3(2).

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Taylor, R

27744

That Council;

1. Receive and note the minutes of the Walpole Town Centre Revitalisation Committee meeting held on 11 December 2018;

2. Acknowledge the resignation of Mrs Adele Brown from her position as community representative of the Walpole Town Centre Revitalisation Committee;

4. Support the committee recommendation for the Walpole Heritage Icon to be erected on the eastern side of the primary entrance to Pioneer Park; and

5. Amend the Terms of Reference to reflect the resignation of Mrs Adele Brown as shown at Attachment: 9.16.3(2).

CARRIED: 11/0

PROPONENT	The Scout Association of Australia, Western Australian Branch
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Reserve 19552, Lot 783 Collier Street, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Business
FILE REFERENCE:	F160777
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	14 February 2019
DECLARATION OF INTEREST:	Nil

PROPONENT	Director of Development and Regulation
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160966
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	18/02/2019
DECLARATION OF INTEREST:	Nil

PROPONENT	J Higgins S Fontanini and M Pozzi
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 265 Evans Loop, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F161555
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	13 February 2019
DECLARATION OF INTEREST:	Nil