Minutes of Ordinary Council

· I attended a meeting with Main Roads Department regarding the changing of the Restricted Access Vehicle (RAV) rating for Channybearup Road. The meeting was attended by Warren District Transport, Michael Leers, Catherine Mills and Stewart Ipsen.

· I attended the Southern Forest Campdraft event and the Manjimup Agriculture Show.

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)

Gallery

Louis Beckerling	Jamie Nicolaou
Justin Omodei	Michael Smith
Jeremy Bower	Brendan Hall
Harvey Giblett	Bevan Hall
Vivienne Williams	Lee Cummuskey
Joe Burton	Ivan Gardner
Narelle O’Brien	Gary Hunter
Steve Dreher	Rosaline Herbert
Theres Dreher	Sue Hawkins
Brad Murphy	Rod Burton
Ross Buegge	Rae Burton
George Stoichev	Chantelle Johnson
George Nicolau	Jonathon Schultz
Brian Vallentine	Seren Rose
Bec Whittaker	Jan Cernohous

3.1 Apologies: Nil

3.2 Leave Of Absence: Nil

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received a Financial Interest Declaration from Councillor Daubney for item 9.3.7.

Cr Daubney declared a Financial Interest in Item 9.3.7 as she is the real estate representative.

With the introduction of business of an urgent nature Councillors made the following declarations:

Councillor Daubney declared an Impartiality Interest in Item 13 as she is a member of Warren Donnelly Advisory Committee.

Councillor Winfield declared a Financial Interest in Item 13 as he is a subscriber to the Southern Forest Irrigation Scheme.

Councillor Omodei declared a Financial Interest in Item 13 as a cooperative member, Justin Omodei is his son.

Councillor Jenkins declared a Financial Interest in Item 13 as her partner has an allocation in the Southern Forest Irrigation Scheme.

Councillor Salomone declared a Financial Interest in Item 13 as she is an employee of Dept. of Biodiversity, Conservation and Attractions.

Director Community Services Gail Ipsen Cutts declared a Financial Interest in Item 13 as her partner is the chair of the Southern Forest Irrigation Scheme.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Michael Filby – Walpole Resident.

· Thank you to the Shire taking the initiative to enter the 2019 Tidy Towns Competition.

· It is significant that a Shire is entering the Tidy Towns Competition, it is a first and will create problems for the judging committee.

· You have to make strong statements in the entry, for example the Walpole Yacht Club runs the largest single club regatta in the State. The Shire of Manjimup sponsors me to clean up along the South West Highway every year, which is unusual.

· The announcement of the winners will be held in Kings Park on the 25 November 2019.

The Shire President responded: Thank you Mr Filby for your contributions over a long period of time for cleaning up the road verges in the area.

5.2.2 Steve Dreher – Resident of Walpole.

Mr Dreher read from a prepared statement as attached.

ATTACHMENT: 5.2.2(1)

The Shire President responded: As you will note the first section has not been done due to funding being deferred. We are conscious of all the issues you have raised.

5.2.3 Peter Newton – Walpole Resident.

Mr Newton read from a prepared letter to the Chief Executive Officer as attached.

ATTACHMENT: 5.2.3(1)

5.2.3 Joe Burton – Resident of Denmark.

· Denmark Football Club is in an awkward situation with the football ground not being up to standard.

· We would like to play some of our games at the Walpole Oval. We did do that some years ago.

· I’m seeking support of the Shire to relocate the goal posts. If we shift the goal posts and make the oval a little wider it will make it suitable to play football.

· We don’t think it will cost very much apart from time to move the posts.

The Shire President responded: We are great supporters of the Denmark Football Club. If you call the Director of Community Services, Gail Ipsen Cutts you can organise a meeting and have a discussion with her team to facilitate what you’re intending to do.

5.2.4. Ivan Gardner – Small business operator and Walpole Resident.

· I’m a member of the Walpole Town Centre Revitalisation Committee.

· How important is the Walpole Town Centre Revitalisation Committee to the Shire. When the RV Friendly Plan item comes up at Council and our own Councillor, who is a member of the Walpole Town Centre Revitalisation Committee disregards the recommendation from the Walpole Town Centre Revitalisation Committee.

· So what is the value of this committee and what were Councillor Tapley’s grounds for not supporting the recommendation?

· It was good to see a ranger in town today, I hope we see more of them.

The Shire President responded: The Council takes very close notice of the what the revitalisation committees have to say when they present to Council. The local Councillor is entitled to their opinion, no matter what that opinion may be. He may convey that to Council and Council may accept his recommendation or that of the Walpole Town Centre Revitalisation Committee. It is a very democratic system. We don’t isolate anybody from having a say.

5.2.5 Jamie Nicolaou – Item 6.3.2 Southern Forests Irrigation Scheme Project Update.

· Wondering why this has been brought up at a meeting in Walpole?

· A small delegation of 11 people have made the trip down. All West Manjimup farmers who are concerned landholders and ratepayers.

· We know the issues with Department of Water and this has been compounded by the Southern Forests Irrigation Scheme.

· There is a lot of confusion and division in the farming community.

· I believe at a meeting with the Minister Alannah MacTiernan, Southern Forest Irrigation Scheme were advised they need full support for the scheme. There is still a lot of confusion around the allocation of water.

· I am asking if the update can be deferred to the next meeting?

The Chief Executive Officer responded: Thanks for your question Mr Nicolaou. The answer to the question is under our Standing Order Local Law anybody from the community can request a deputation, if it’s a matter that relates to business within the Shire of Manjimup. Irrespective of where the meeting is being held either the President or myself have the option to grant that deputation and unless there are extenuating factors not to allow the deputation, we would ordinarily proceed with a deputation. The request was made the Southern Forest Irrigation Scheme cooperative and on that basis and in accordance with Standing Orders Local Law it was granted for this meeting.

5.2.6 Michael Smith – West Manjimup Primary Producer.

· Our primary concern is that there is water available in West Manjimup if this scheme does not go ahead.

· Water is a big issue around Australia.

· Department of Water said if the scheme doesn’t go ahead there would most likely be water made available for the West Manjimup Farmers.

· Over 5 years there could be over 2,000 acres of extra irrigated crop we could grow.

The Shire President responded: As you know there is 1.2 gigalitres of water identified in the middle Donnelly Catchment Area that could have potentially been used for the scheme. I don’t know of anybody who agrees with that water being used for the scheme including the Co-op. They can correct me on that.

There are two issues as you are well aware. There is the issue of the Southern Forests Irrigation Scheme and the other issue is the question of the methodology, which is questioned by every landholder in the whole of the district. There are 11 catchments and many people are applying for licences and are being rejected because the catchments have been fully allocated. That’s an issue we have raised with the Department of Water, Environment and Regulation. There is also Curtin Research Centre chaired by Ed Valom that is supported by the Curtin University that is looking at the methodology. And on that committee is Department of Water, Environment and Regulation and the Department of Primary Industry and Regional Development. We would expect that this issue will not be resolved overnight, but hopefully sometime in the future we will have clarity.

5.2.7 Sue Hawkins – Local Resident.

· We can have free camping but anywhere but in town.

· We can see people urinating in the bush.

· Are they going to contain their water? No, they put their sullage pipes on the ground. I don’t think we need to see that in town.

The Chief Executive Officer responded: Mrs Hawkins can I recommend quite strongly, that you put a submission into the Shire, and then your voice will be heard.

The Shire President responded: It is an issue across the Shire not just in Walpole. There is an Act of Parliament, the Caravan and Camping Ground Act which sets out very clearly what you are and are not allowed to do.

5.2.8 Gary Hunter – Local Resident.

· I am the recipient of the Citizen of Year for 2019.

· I would like to agree with Sue Hawkins.

· The long vehicle parking bay is totally unsuitable.

· I am a school bus driver, get there are 7.30 to pick up 17 children every morning.

· Numerous times there have a number of caravans, RV’s, tents and cars parked there camping. It makes it very difficult to get in there with a school bus.

· I would just like to say I am not against overnight camping but that is not the spot.

· Something really needs to be done as it is becoming dangerous.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations

6.3.1 Walpole Biodiversity Action Group

A deputation was presented to Council by Louis Beckerling who read from a prepared document which is attached, and Narelle O’Brien

ATTACHMENT: 6.3.1(1)

6.3.1 Narelle O’Brien

· There are 2 other introduced species of teatree one Leptospermum laevigatum and the other is Leptospermum rotundifolium. One of these, the Leptospermum laevigatum has been declared a weed by the Manjimup and Denmark Shires. So there is a precedent here to proceed with caution.

· The Jerramungup Shire is very different to our Shire, we have the internationally recognised biodiversity area of the Walpole Wilderness on one side and the Walpole Nornalup Marine Park on the other side and they need the utmost protection.

· To proceed with this project without ensuring that all the i’s dotted and t’s crossed would be grossly negligent.

The Director of Development and Regulation responded: We will responded formally to the questions that have been raised. Council is not being asked to consider an application, the State is proceeding without applying for the Shire's approval. We have no ability to say to the State that they are wrong and that they need to make application, we cannot insist on that as the requirements are not binding on the Crown.

We also have made enquiries regarding these species and we have been informed by government agencies that they were satisfied in terms of environmental threat. As a local government we are not in a position, nor do we have the expertise, to argue that point either.

I would suggest if you feel there are issues that haven’t been addressed in terms of the Department of Environment they should perhaps be raised with the Minister for Environment.

The Shire President responded: I would take advantage of your local member, you have a Legislative Assembly Member and 6 Upper House Members and if you need to you have a Federal Member and Senators as well. Certainly take the matter up with your Local Member for a start. We will respond as appropriately as we can.

6.3.2 Southern Forest Irrigation Scheme Project Update.

Harvey Giblett Chairman of Southern Forest Irrigation Scheme.

· Thank you to the Shire President and the Chief Executive Officer for allowing us to come before Council at very short notice.

· The reason we are here today is to give an update on the Southern Forest Irrigation Scheme and also hopefully get a letter of support for the Southern Forest Irrigation Scheme.

· There is a National Water Infrastructure Development Fund, which is a Commonwealth fund. The previous one had about $400M in it and we had 2 applications in it and we were unsuccessful on both occasions.

· There is a new National Water Infrastructure Fund, Commonwealth. We understand there is 700M in it. These funds are going to be spent in Australia somewhere.

· We are proposing Southern Forest Irrigation Scheme now, if it’s successful we will have $130M plus spent in the Shire of Manjimup which is pretty important.

· The application for this round of funding has to be in by April 1 hence the urgency of this deputation to get this letter of support.

6.3.2 Jeremy Bower, Project Manager for the Southern Forest Irrigation Scheme.

· There are three triggers for this scheme

· First, 2010 was one of the driest years on record. Which prompted a look at water options for the region.

· Secondly, climate change modelling showed that the South West of Western Australia was going to be one of the worst hit areas globally.

· Third, the catchments Department of Water Environment and Regulation have closed have significantly reduced water allocation in the Shire.

· That triggered a number of studies and the groups involved in that ranged from the Department of Water, Vegetables WA, the Shire was involved all searching for viable alternative water options. Future reliable water for the Shire.

· The State Government included this area in the Water for Food Project which was a $40M programme. $3.6M was spent on the Southern Forest Futures Water Project aimed at looking at different options. This resulted in the Southern Forest Irrigation Scheme Proposal, and the Southern Forest Water Futures Steering Group being formed.

· There has been approximately 3 years of consultation.

· There was approximately 18 months before the Department of Water put out letters of intent around assessing who would be involved who wanted to take water as part of the irrigation scheme. The community was well informed of this scheme.

· There has been talk of the role of Department of Water, Environment and Regulation. The board of Southern Forest Irrigation Scheme has had to put their faith in the Department of Water to assess need for the scheme and the requirements for the scheme. The main objective was provide new water for the region including those fully allocated catchments. Catchments such as the Dixvale Catchment which we’ve been advised have been fully allocated since 2012. We have been advised that the Southern Forest Irrigation Scheme is not taking water from that catchment.

· Department of Water Environment and Regulation policy in providing water licences is first in first served policy. This Scheme allocation has been assessed since 2017.

· Department of Water Environment and Regulation has said that the water is coming from the forested areas of the upper Middle Donnelly Catchment. We recently became aware of some concerns from the growers in Middle Donnelly area. The Board has recently spoken to Department of Water Environment and Regulation representatives to try and arrange a meeting with the growers from Middle Donnelly.

· The Board doesn’t want to see this area being affected, it wasn’t the intent of the scheme. The dam was moved to Record Brook downstream to protect a large tree.

· The construction and operation of the Scheme will bring over 200 jobs to the region. It will bring indirect jobs to contractors, café owners, accommodation providers, it boosts wages in the area by over $900M.

· It provides drought security.

· This is providing $100M infrastructure into this region and community to safe guard against drought.

· There is a tourism side to the project as well. A big dam the forest. There is a big opportunity to bring in various forms of tourism.

· All this adds up to regional growth for the Shire.

· The State Government has committed $19M. The first draft has been prepared for the National Water Infrastructure Development Fund application to the Federal Government for $40M. The $19M from the State Government and the rest from growers. You are looking at a $130M investment in the Shire.

· That infrastructure will be there for 100 years.

· There will be other opportunities for other landholders to access that water down the track.

· They pay for the supply point and pipe to get it there.

· The key point is if that money isn’t spent in our Shire it will be spent elsewhere. Potentially in a competitive area.

· We respectfully request a Letter of Support for our application before April 1.

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Taylor, R

27745

That the Minutes of the Ordinary Meeting of the Council held on 28 February 2019 be confirmed.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

9.3.1	Local Government Compliance Audit Return 1 January 2018 to 31 December 2018
9.3.2	Proposed Extension of Management Order for Reserve 19566 Brockman Street Pemberton
9.3.3	Proposed Lease to Warren Women’s Hockey Association Inc. Over Portion of Reserve 19552
9.3.4	Council Financial Payments November 2018
9.3.5	Council Financial Payments December 2018
9.3.6	Monthly Financial Activity Statement - January 2019
9.3.7	Proposed Windy Harbour Lease Transfer - Site 517
9.5.1	Proposed Plantation at Lot 11988 Cutting Road, Upper Warren
9.5.2	Proposed Agricultural Dams at Lot 9523 (586) Graphite Road, Ringbark
9.5.3	Retrospective Approval for Rural Workers Accommodation at Lot 2 (874) Stirling Road, Channybearup
9.5.4	Proposed Agricultural Dam with Reduced Setback at Lot 8199 (322) Green Road, Channybearup
9.5.5	Proposed Amendment to Local Planning Scheme No. 4 to Rezone Lot 102 (721) Seven Day Road, Jardee from Caravan Park to Tourist Enterprise
9.5.6	Delegated Planning Decisions for February 2019
9.13.1	Proposed Budget Amendment for Drainage - Blechynden Street, Manjimup
9.16.1	Unconfirmed Minutes - Walpole Town Centre Revitalisation Committee Meeting - 20 February 2019
9.16.2	Unconfirmed Minutes of the Manjimup Recreation Advisory Committee Meeting held 25 February 2019
9.16.3	Unconfirmed Minutes of the Audit Committee Meeting Held 28 February 2019

ATTACHMENT

9.3.1 Local Government Compliance Audit Return 1 January 2018 to 31 December 2018

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F170049
LEGISLATION:	Local Government Act 1995
AUTHOR:	Craig Martyn
DATE OF REPORT:	28 February 2019
DECLARATION OF INTEREST:	Nil

Background:

Each Local Government is required to carry out a Compliance Audit Return (CAR) for the period 1 January 2018 to 31 December 2018.

The CAR is a tool for local governments’ to self-assess their compliance with the Local Government Act 1995 and its subsequent regulations, with the results reported to the Department of Local Government, Sport and Cultural Industries (DLGSCI).

Regulation 14 of the Local Government (Audit) Regulations 1996 requires the local government’s Audit Committee review the CAR and report the results to the Council, prior to adoption by Council and submission to DLGSCI by 31 March 2019. On the 28 February 2019 the Shire of Manjimup Audit Committee met and reviewed the findings contained within the CAR.

A copy of the CAR for the Shire of Manjimup for the period 1 January 2018 to 31 December 2018 is attached.

ATTACHMENT: 9.3.1 (1)

The purpose of this report is for Council to adopt the CAR as the official return to the DLGSCI for the 2018 calendar year.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The 2018 CAR was available to local governments in January 2019 via the DLGSCI communication portal, Smart Hub. The various questions are distributed amongst relevant staff with their responses collated to form the 2018 CAR.

The 2018 CAR contained 95 items with one item of non-compliance, or 99% compliance.

Below is a table showing what parts of the Local Government Act 1995 are tested and the results thereon;

	2017 Compliance Return		2018 Compliance Return
Section	Number of Items	Number of Non-Compliant Items	Number of Items	Number of Non-Compliant Items
Commercial Enterprises by Local Government	5	0	5	0
Delegation of Power/Duty	13	1	13	0
Disclosure of Interest	16	0	16	1
Disposal of Property	2	0	2	0
Elections	1	0	0	0
Finance	14	0	16	0
Integrated Planning and Reporting	7	0	7	0
Local Government Employees	5	0	5	0
Official Conduct	6	0	6	0
Tenders for Providing Goods and Services	25	0	25	0
Totals	94	1	95	1
% non-compliance		1%		1%

The item of non-compliance formed part of the section Disclosure of Interest. The question, “Was an annual return lodged by all designated employees by 31 August 2018?” was considered non-compliant. One return was not lodged within in the required timeframe, due to the employee being overseas on unpaid leave. Although there were mitigating circumstances at the time, details of the breach were reported to the Corruption and Crime Commission and the DLGSCI. The situation has since been resolved and the employee no longer works with the Shire of Manjimup.

To ensure that the responses provided for the 2018 CAR are a true reflection of the organisations adherence to legislation, the Shire of Manjimup has engaged local government consultant, Gary Martin, to conduct a desktop review of the 2018 CAR. A copy of Mr Martin’s report is attached.

ATTACHMENT: 9.3.1(2)

Below are extracts from Mr Martin’s report.

“The standard of compliance is excellent.”

“It is apparent that the Shire still maintains a strong culture of awareness of compliance requirements since the previous reviews I have conducted.”

“There was only one item of non-compliance noted in the total 95 items included in the Compliance Return, or an achievement rate of 98.9%.”

and

“The overall compliance requirement to observe “all written law” places an onerous responsibility on the CEO of a growing local government.”

“The level of compliance achieved is a significant indicator in respect of the high standard of management of the Shire.”

The review of the CAR by the Audit Committee was completed at the meeting on the 28 February 2019. The Committee’s minutes have been submitted to Council as a separate item in this agenda.

The 2018 CAR is required to be certified by the Shire President and the Chief Executive Officer then lodged with the DLGSCI by the 31 March 2019.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

The Local Government CAR is a mechanism designed to provide the Department responsible for Local Government with confidence that Local Governments are operating in accordance with the provisions of the Local Government Act 1995. As a result the Shire of Manjimup should look at the outcome of the audit as a critical indicative assessment of statutory performance across the defined period.

Organisational risk management:

The function of the CAR is to identify areas of non-compliance with high risk areas of the Local Government Act 1995 being tested.

Financial Implications:

Costs associated with the completion of the 2018 CAR, including the independent review, have be met within operational funding.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The CAR demonstrates a high level of compliance for the Shire of Manjimup. Good governance is expected by the community and is being delivered by Council.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the 2018 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2018 to 31 December 2018 as provided in attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Herbert, V Seconded: Taylor, R

27746

That Council adopt the 2018 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2018 to 31 December 2018 as provided in attachment: 9.3.1(1).

CARRIED: 11/0

9.3.2 Proposed Extension of Management Order for Reserve 19566 Brockman Street Pemberton

PROPONENT	Shire of Manjimup
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Reserve 19566 (Lot 557) Brockman Street, Pemberton
WARD:	West
ZONE:	Town Centre and Public Purposes
DIRECTORATE:	Business
FILE REFERENCE:	F61123
LEGISLATION:	Land Administration Act 1995 Local Government Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	6 March 2019
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has a fixed term Management Order for Reserve 19566 (Lot 557) Brockman Street, Pemberton for the purpose of Community Centre.

Previously this was for a five year term from 1 May 2012 to 30 April 2017 to allow time for the future of the community use buildings to be determined, being the visitor centre, community resource centre and arts group in the old school buildings. In 2017 options for a new colocation facility were being considered and the Management Order was extended for a two year term to 30 April 2019.

As the end of the current term is approaching and relocation of the community groups is proposed, but has not occurred, it is proposed to extend the Management Order for a further two year term.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Shire currently leases the former school building and immediate surrounds to the Pemberton Visitor Centre Inc. who in turn sublease portion of the building to the Pemberton Community Resource Centre Inc. There was also a sublease to the Pemberton Community Arts and Resource Centre Inc., however that sublease was surrendered in August 2018 prior to the winding up of the association.

It is proposed to collocate the visitor centre and community resource centre at the current Shire library site on Reserve 22937. Funding for this is expected to be sourced within the next six months.

Once the proposed relocation of the occupants is finalised and funding secured, options for the future land tenure for Reserve 19566 can be negotiated with the Department of Planning, Lands and Heritage. This will need to address the former school building site and also the playground, war memorial and public toilets.

In association with this the Shire also leases a portion of adjoining Reserve 19547 from WA Country Health Service (WACHS). That lease is currently ‘holding over’. Following a request from the Shire in 2017 to extend the lease for a two year term in line with the Management Order for Reserve 19566, WACHS did not provide a formal lease extension agreement. The purpose of the lease was mainly to continue the use of the arts building which was subleased to the former Pemberton Community Arts and Resource Centre. The Pemberton Visitor Centre continue to occupy this under sublease from the Shire. A land exchange between the Shire and WACHS in 2012 included Shire agreement to demolish the buildings on this portion of the hospital reserve when it is vacated by the Shire and community groups.

STATUTORY ENVIRONMENT:

The Management Order and Leases are administered under the Land Administration Act 1997.

Policy / Strategic Implications:

It is intended that relocation of the visitor centre and community resource centre to another site will occur within the next one to two years.

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council request the Department of Lands extend the Management Order for Reserve 19566 to the Shire of Manjimup for a term of two years to 30 April 2021 with the existing conditions.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27747

That Council request the Department of Lands extend the Management Order for Reserve 19566 to the Shire of Manjimup for a term of two years to 30 April 2021 with the existing conditions.

MOTION carried 9/2

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

9.3.3 Proposed Lease to Warren Women’s Hockey Association Inc. Over Portion of Reserve 19552

PROPONENT	Warren Womens Hockey Association Inc.
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Collier Street Recreation Ground Reserve 19552, Lot 783 Collier Street, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Business
FILE REFERENCE:	F160739
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	6 March 2019
DECLARATION OF INTEREST:	Nil

Background:

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

Warren Women’s Hockey Association Inc. use the oval and have requested to locate a shipping container on the reserve for storage of their equipment.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Warren Women’s Hockey Association received a $1,500 community grant in the 2018/2019 Shire budget and the donation of a shipping container from the Shire. The shipping container, proposed to be located near the Collier Street Hall, will provide for secure storage of their equipment onsite.

The proposed location is easily assessable and will not disrupt current activities on the reserve. It will be set back from the oval, located near the end of the BMX track, to not impose on the view from the pavilion verandah. Removal of the BMX track has been supported by community consultation associated with the Manjimup Recreation Plaza and will be included in the 2019/20 budget deliberations.

A lease arrangement is proposed due to the permanent location of the shipping container. There is a similar lease for a shipping container to the Warren Blackwood Cricket Association Inc. also on the Collier Street Reserve and another for Little Athletics on the Manjimup Recreation Ground.

Development approval and a building permit will be required which will further address the visual impact and appearance of the shipping container.

The Manjimup Community Recreation Hub Master Plan supports the continuation of hockey at this recreation ground and acknowledges a current need for storage facilities. However, longer term the Master Plan proposes a new pavilion to service soccer, hockey and cricket, which would include adequate storage and supersede the need for a shipping container. It is recommended to include an additional clause in the lease that the shipping container is to be removed and lease terminated when the Shire undertakes development on the reserve that provides an alternate storage facility.

STATUTORY ENVIRONMENT:

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

Each lease of Crown land requires the approval of the Minister for Lands in accord with section 18 of the Land Administration Act 1997.

Policy / Strategic Implications:

Strategic plans and the Manjimup Community Recreation Hub Master Plan guide grant applications, proposed upgrades and lease agreements. The proposed lease to support the hockey association is consistent with the goals and outcomes of these.

In accordance with Shire Policy 4.2.8 Property Leasing a lease term of five years, with a five year renewal option is proposed. The lease fee is to be $10 per annum, payable on demand, for a community group with minimal income earning capacity.

Local Planning Policy 6.1.3 Domestic Outbuildings outlines guidelines for shipping containers.

Organisational risk management:

Nil

Financial Implications:

The lessee will be responsible for the lease preparation fees.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Warren Women’s Hockey Association contributes to the variety of sport activities available to the community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council lease portion of Reserve 19552 to Warren Womens Hockey Association Inc. for the purpose of a storage shipping container for a term of five years with a renewal option of a further term of five years, at a rental of ten dollars per annum, subject to:

a) the lessee being responsible for the lease preparation fee;

b) approval of the Minister for Lands;

c) the lessee obtaining development approval and a building permit;

d) continuing adherence to Local Planning Policy 6.1.3 Domestic Outbuildings; and

e) Lessor option of early termination of the lease if required for redevelopment of Reserve 19552, provided a suitable relocation is offered to the lessee.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Daubney, L

27748

That Council lease portion of Reserve 19552 to Warren Women’s Hockey Association Inc. for the purpose of a storage shipping container for a term of five years with a renewal option of a further term of five years, at a rental of ten dollars per annum, subject to:

a) the lessee being responsible for the lease preparation fee;

b) approval of the Minister for Lands;

c) the lessee obtaining development approval and a building permit;

d) continuing adherence to Local Planning Policy 6.1.3 Domestic Outbuildings; and

e) Lessor option of early termination of the lease if required for redevelopment of Reserve 19552, provided a suitable relocation is offered to the lessee.

CARRIED: 11/0

ATTACHMENT

9.3.4 Council Financial Payments November 2018

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	7 March 2019
DECLARATION OF INTEREST:	Nil

Background:

It is a statutory requirement for a list of payments from the Municipal and Trust Funds to be presented to Council and included in the minutes.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $3,586,051.59 for the month of November 2018 are itemised in the attachment and in the Corporate Card statement listed below.

ATTACHMENT: 9.3.4(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 21 March 2019.

Fund	Vouchers	Amount
Municipal	91531 - 91642	$1,278,627.91
Trust Fund	3138 - 3141	$2,470.00
Total Cheques for Month of November 2018		$1,281,097.91

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 21 March 2019.

Fund	Batch	Amount
Municipal	438 – 446	$2,295,480.56
Total EFT for Month of November 2018		$2,295,480.56

Corporate Credit Card November 2018 – Municipal Account

20171.198.52	Booking.com 2x nights’ accommodation for CSP & PA – Fire Prevention Association		$496.00
20276.7.58	Card Fee		$18.25
69.4999.7300.57	LiquidFiles 1 year licence renewal		$1,289.27
99999.908.99	Westnet Internet services 1/11/18 – 1/12/18		$399.79
69.4999.7300.57	Digicert Inc. 1 year renewal SSL Certificate		$940.41
20516.1049.57	WEX Australia Groceries for Respite stay		$62.29
20049.955.57	Cibo Paradise Datascape Go Live Event ST:3 NS:4		$73.00
69.4999.7300.57	Teamviewer.com 1 Year Renewal – Corporate Subscription		$1,482.46
20276.7.58	Card Fee		$18.25
20420.197.57	Crown Perth Meals DWS, MPO & SP - WADE Conference		$76.40
20420.197.57	Crown Promenade Accommodation, Parking & Breakfast DWS, MPO & SP – WADE conference		$749.49
BH011.4.57	West Coast Fasteners HT Bolts, Nuts & Washers		$91.08
20262.197.57	Landgate Survey – 86 Ipsen Street, Manjimup		$25.70
20262.197.57	Landgate Certificate of title – 86 Ipsen Street, Manjimup		$25.70
20276.7.58	Card Fee		$18.25
700.6206.6363.57	Corporate Travel Management Accommodation 14/10/18 – 16/10/18 Canberra Trip - Shire President		$423.21
700.6206.6363.57	Corporate Travel Management Accommodation 15/10/18 – 14/10/18 Canberra Trip – B. Eatts & M Radomiljac		$970.52
20049.197.57	Local Government Managers LGMA Breakfast Registration – SGO		$25.00
20049.197.57	Local Government Managers LGMA Breakfast Registration – CEO		$25.00
20047.198.52	Local Government Managers ADOBE training Package Design PRO		$249.00
86.4999.6405.57	Booktopia Australian Government Writing Style Guide		$44.45
20047.81.52	Pan Pacific Perth 1x Night Accommodation CEO – WALGA Economic Development Meeting		$204.82
86.4999.6405.57	Adobe Creative Cloud CS7 Suite for PRO to design docs		$74.76
20276.7.58	Card Fee		$18.25
20221.197.57	Swan Taxis Taxi – Regional Community Awards night		$23.10
20221.197.57	Fahm Distributors Photos Regional Community Awards night		$40.00
20441.197.57	SQ *Southern Roasting Breakfast – Heritage park meeting ST:2 NS:1		$58.00
20026.81.58	Pagoda Resort Spa Accommodation & Parking SP & DCS – Regional Community Awards night		$179.90 $179.89
20026.922.58	Hyatt Regency Perth Refreshments prior to Regional Community Awards night		$31.00
20221.197.57	Cabfare Payments Taxi - Regional Community Awards night		$20.06
20026.81.58	Pagoda Resort Spa Breakfast SP		$28.38
20148.198.52	Paypal *Kineo Online training – Assist with medication x3		$150.00
20392.276.57	SOU019Pin AAC Wristbands 250x Identification Wristbands		$45.59
20221.197.57	Two Little Black Birds Beverages DCS & Member for Warren Blackwood meeting		$11.00
20221.196.57	SurveyMonkey Annual Plan (standard) 1 year		$296.64
20049.197.57	SQ *Southern Roasting SMT Breakfast ST:6		$116.50
20221.197.57	Blue Tiger Café Beverages DCS & MC&R meeting		$9.50
20221.197.57	SQ *Southern Roasting Morning tea – Project team Heritage park revitalisation meeting ST:2 NS:1		$48.00
712.1605.7545.57	Bookdepository.com 9x Education books for Timber Museum		$207.76
20219.29.52	Booking.com 1x night Accommodation DCS – WALGA round table meeting		$208.20
20276.7.58	Card Fee		$18.25
Total Credit Card Payments			$9,473.12
Total Payments for the month November 2018		$3,586,051.59

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations (12) and (13)

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

As Stated

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during November 2018 totalling $3,586,051.59 as detailed in Corporate Card Statement and Attachment: 9.3.4(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27749

That Council receive the accounts paid during November 2018 totalling $3,586,051.59 as detailed in Corporate Card Statement and Attachment: 9.3.4(1).

CARRIED: 11/0

ATTACHMENT

9.3.5 Council Financial Payments December 2018

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	8 March 2019
DECLARATION OF INTEREST:	Nil

Background:

It is a statutory requirement for a list of payments from the Municipal and Trust Funds to be presented to Council and included in the minutes.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $1,484,142.73 for the month of December 2018 are itemised in the attachment and in the Corporate Card statement listed below.

ATTACHMENT: 9.3.5(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 21 March 2019.

Fund	Vouchers	Amount
Municipal	91643 - 91693	$109,892.78
Trust Fund	-	$0.00
Total Cheques for Month of December 2018		$109,892.78

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 21 March 2019.

Fund	Batch	Amount
Municipal	447 – 454	$1,369,444.34
Total EFT for Month of December 2018		$1,369,444.34

Corporate Credit Card December 2018 – Municipal Account

20047.29.52	Pan Pacific Perth Deposit Accommodation CEO Training Perth 20/1/19 – 25/1/19		$986.10
20047.81.52	City of Perth Parking CEO WALGA Committee Attendance		$2.02
20047.81.52	City of Perth Parking CEO WALGA Committee Attendance		$3.03
20047.81.52	Town of Cambridge Parking CEO WALGA Committee Attendance		$10.00
20047.81.52	Pan Pacific Perth Valet Parking – CEO WALGA Committee Attendance		$48.53
20049.288.57	Economic Development CEO Membership 31/12/18 – 31/12/19		$400.00
86.4999.6405.57	ADOBE Creative Cloud CS7 Suite for PRO to design Documents		$74.76
20049.970.57	Remarkable Paperless device trial – CEO		$1,008.37
20262.197.57	InstitutePU Roads Pavement (Visual Assessment Code) Suite		$214.50
20029.197.57	DSAK Pty Ltd 1x Lifeproof iPhone Case		$109.00
99999.908.99	Westnet Internet services 1/12/18 – 1/1/19		$454.79
20026.656.58	Cherry Festival Manjimup Ticket for President – Long Table Lunch		$233.00
20215.197.58	Lumonisity.com Refund Library Auto-Subscription		-$154.44
20171.198.52	Coles Manjimup Water & Snacks for Staff Training		$27.64
20171.198.52	Coles Manjimup Food Platters for Staff Training		$70.00
20171.198.52	Red Dot Stores Awards/Snacks for Staff Training		$36.00
20171.198.52	Manjimup Country Club Team Development/Staff Training		$100.00
20221.197.57	Ailment Breakfast DCS WALGA Directors Forum		$8.50
20221.197.57	City of Subiaco Parking DCS WALGA Directors Forum		$5.00
20221.197.57	Red Rooster Baldivis Meal DCS – RAP Training Perth		$11.49
20219.29.52	Adina Apartment Hotel Accommodation DCS – RAP Training		$221.63
20221.197.57	CPP Convention Centre Parking DCS - RAP Training		$40.18
20221.197.57	CPP Convention Centre Parking DCS - RAP Training		$6.00
20221.197.57	Jakes 379 Beverages DCS & Vol Curator SWEE meeting		$9.40
20221.197.57	Fresh Provisions BIQPS Bicton Dinner for DCS RAP & SWEE work - Perth		$19.03
20221.197.57	Mercato Café Lunch ST:2 Vol:2 - SWEE Western power archive search		$37.00
87.4999.7339.57	Prouds Bunbury 25^th Anniversary Gift Watch for CEO		$249.00
20221.197.57	Wilson Parking Parking SWEE Western power archive search		$15.12
20221.197.57	Wilson Parking Parking SWEE Western power archive search		$15.12
20033.197.57	Spotlight Overlocking thread for Archival Satchels		$68.95
20221.197.57	Two Little Black Birds CS Managers meeting ST:4		$21.50
20049.197.57	SQ *Southern Roasting SMT Breakfast ST:7		$87.50
20221.334.57	National Film & Sound Public Screening – MJP Free outdoor movie		$217.00
20441.197.57	Coles Manjimup Timber & Heritage advisory committee Christmas meeting		$53.95
150.9571.3240.57	OFWKS Online 1x Magnetic Whiteboard		$95.94
Total Credit Card Payments			$4,805.61
Total Payments for the month December 2018		$1,484,142.73

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations (12) and (13)

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

As Stated

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during December 2018 totalling $1,484,142.73 as detailed in Corporate Card Statement and Attachment: 9.3.5(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Herbert, V

27750

That Council receive the accounts paid during December 2018 totalling $1,484,142.73 as detailed in Corporate Card Statement and Attachment: 9.3.5(1).

CARRIED: 11/0

ATTACHMENT

9.3.6 Monthly Financial Activity Statement - January 2019

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:	8 March 2019
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 January 2019 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.6 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 January 2019 is a projected deficit of $6,652.

The $6,652 deficit is a projection based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under/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 January 2019 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.

One item that has come to light in the January 2019 period, is an impending recoup invoice for approximately $120,000 from LGIS Workcare for claims that have exceeded the allowable cap for workers compensation for the 2017/18 financial year. This was anticipated and discussed during the 2018/19 budget deliberations and funds were set aside in the Workers Compensation Premium Reserve in case the claim eventuated. A budget adjustment will be presented to Council during the March review to formalise the payment.

Other than the workers compensation payment there have been no other issues come to light, only a general tightening of budgets which is typical at this time of the financial year. 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 January 2019 as per Attachment: 9.3.6(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27751

That Council receive the Monthly Financial Activity Statement Report for January 2019 as per Attachment: 9.3.6(1).

CARRIED: 11/0

Cr Daubney declared a Financial Interest in this Item as she is the real estate sales representative of the lease. Cr Daubney did not speak or vote on the matter and left the Chamber at 6.36pm.

9.3.7 Proposed Windy Harbour Lease Transfer - Site 517

PROPONENT	J & K Cunningham Saltrun Pty Ltd as Trustee for the N.B. Kelly Family Trust
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 517 Richards Close, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F161051
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	8 March 2019
DECLARATION OF INTEREST:	Nil

Background:

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

The lease for Site 517 is registered to John and Karin Cunningham who have entered a contract for sale of the lease to Saltrun Pty Ltd as Trustee for the N.B. Kelly Family Trust.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Site 517 is a vacant lease site. The original lease commenced in June 2016 following sale by the Shire for $83,000, with a condition that a dwelling was to be constructed within five years or the lease could be repurchased by the Shire of Manjimup for the original purchase price of $83,000. In 2017 the lease was sold with a new 20 year term granted and the five year term for construction of a dwelling recommenced.

A new full 20 year lease term has been requested for the purchasers in the contract conditions. Granting a new 20 year lease with the same conditions will again reset the five years for construction of a dwelling.

STATUTORY ENVIRONMENT:

A transfer/assignment of an existing lease does not constitute a ‘disposition of property’ from the Local Government’s point of view. Windy Harbour leases are also considered residential and therefore exempt from section 3.58 (Disposing of Property) of the Local Government Act 1995 under regulation 30(2)(g) of the Local Government (Functions and General) Regulations 1996.

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, subject to the sale taking effect:

1. Terminate, by mutual consent, the lease over Site 517 Windy Harbour between the Shire of Manjimup and John and Karin Cunningham; and

2. Approve a 20 year lease over Site 517 Windy Harbour between the Shire of Manjimup and Saltrun Pty Ltd as Trustee for the N.B. Kelly Family Trust; subject to:

a) approval of the Minister for Lands; and

b) conditions to be included in the lease for an approved dwelling to be constructed within five years and should the Lessee default on this the Shire of Manjimup has the right to elect to repurchase the Lease for $83,000 inclusive of GST.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Skoss, K

27752

That Council, subject to the sale taking effect:

1. Terminate, by mutual consent, the lease over Site 517 Windy Harbour between the Shire of Manjimup and John and Karin Cunningham; and

2. Approve a 20 year lease over Site 517 Windy Harbour between the Shire of Manjimup and Saltrun Pty Ltd as Trustee for the N.B. Kelly Family Trust; subject to:

a) approval of the Minister for Lands; and

CARRIED: 10/0

Cr Daubney returned to the Chamber at 6.36pm.

ATTACHMENT

9.5.1 Proposed Plantation at Lot 11988 Cutting Road, Upper Warren

PROPONENT	Forest Products Commission
OWNER	Dr IR Jenkins & Estate of Late JN Breakey & Others
LOCATION / ADDRESS:	Lot 11988 Cutting Road, Upper Warren
WARD:	East
ZONE:	General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/16; P51187
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	25/02/2019
DECLARATION OF INTEREST:	Nil

Background:

The subject property has an area of 239 hectares and is located 25km south-east of the Manjimup Townsite. The property is mainly surrounded by State Forest and rural land, with Kin Kin Resort located immediately to the west as shown on the location plan below.

Location Plan

The subject property has been under a timber (pine) share farm agreement between the current landowners and Forest Products Commission (FPC) since 1998. FPC have undertaken the final clear felling of all timber product under an existing agreement and are now seeking approval to replant a 176ha plantation.

The new plantation will be separated into approximately 27 sectors ranging in size between 1 hectare and 30 hectares across Lot 11988. The sectors to be re-established are generally of the same size as those recently harvested with all road infrastructure and firebreaks remaining as is.

The land currently contains a dilapidated outbuilding as well as three dams scattered throughout the plantation area. A copy of the Site and Plantation Management Plans are attached.

ATTACHMENT: 9.5.1(1)

Council is requested to determine the application, as Shire officers do not have the delegated authority to determine proposals for Agroforestry/Tree Plantation land uses.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Scheme for a 21 day period. Correspondence was forwarded to Department of Biodiversity, Conservation and Attractions (DBCA), Main Roads WA (MRWA) and Department of Planning, Lands and Heritage (DPLH – Aboriginal Heritage).

Two submissions were received from DBCA and MRWA with no submission received from DPLH. Whilst detailed regarding the submissions are provided in the comment section below, copies of the submissions received are shown attached.

ATTACHMENT: 9.5.1(2)

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No.4 (the Scheme) includes the land within the General Agriculture zone. The proposed use is classified under the Scheme as a Plantation, being an ‘A’ use within General Agriculture zone. That is a use, which is not permitted, unless Council has exercised its discretion by granting planning approval after publicly advertising the application in accordance with the requirements of Clause 9.6 of the Scheme.

The Scheme refers to the definition in the Code of Practice for Timber Plantations in Western Australia in defining a “Plantation”. The definition is as follows:

“ a stand of trees of ten hectares, or larger, that has been established by sowing or planting of either native or exotic tree species selected and managed intensively for their commercial and/or environmental benefits. A plantation includes roads, tracks, firebreaks and small areas of native vegetation surrounded by plantations. Implicit in this definition is the recognition that the plantation will be harvested.”

The application has been assessed against Shire of Manjimup Local Planning Policy 6.1.11 Rural Land Uses (the Policy), DFES Guidelines for Plantation Fire Protection (the Guidelines) and the Forest Industries Federation of Western Australia’s Code of Practice for Tree Plantations (the Code of Practice) which are discussed below.

Access

Within the application, it is stated that the main access to the plantation area is proposed via Cutting Road from Wheatley Coast Road and Muir Highway.

The application was referred to MRWA as it is expected that Muir Highway will be utilised over the lifespan of the Plantation. MRWA have no objections to the proposal.

With respect to harvesting, the Shire’s Manager of Technical Services advises that due to the current standard of Cutting Road and the potential for traffic conflict, they do not support the use of Cutting Road for harvesting operations. As an alternative, it is noted that there are a number of other unsealed roads adjacent to the site that are located in state forest under the care and control of the DBCA.

Prior to commencement of the plantation, it is recommended the applicants be required to submit a detailed transport management plan addressing traffic management issues associated with the harvest of the plantation to the satisfaction of the Shire. It is furthermore recommended that the applicant be:

a) advised that the Shire does not support the use of Cutting Road for vehicles associated with the harvest given the current road standard and the potential for traffic conflict; and

b) encouraged to liaise with DBCA over the potential use of state forest roads to facilitate road access to Wheatley Coast Road.

Fire Management

The Fire Management Plan that forms part of the application is required to comply with the Guidelines and Code of Practice prepared by DFES and the Forest Industries Federation of WA for fire management respectively. Under the Guidelines, the width of firebreaks, internal sector size, setback distances to dwellings and low fuel zones are stipulated. Comments on the proposals consistency with the Code of Practice are provided below.

Plantation Firebreaks and Sector Size

External firebreaks being 15 metres are proposed along property boundaries and internal breaks of 6 – 10 metres between each sector. These firebreaks are deemed compliant with the Guidelines and Code of Practice as required by the Policy.

The Guidelines also stipulate that the area of each sector within the proposed plantation is not to exceed 30 hectares in size. Given the proposed 27 compartments are no larger than 30 hectares in size, the application complies with this requirement.

In the event Council approves the application, a condition requiring compliance with both the requirements of the Code of Practice and Guidelines is recommended along with a requirement that all fire management measures listed in the Fire Management Plan are to be implemented on an ongoing basis.

Adjacent Infrastructure

In relation to existing infrastructure, the proposed Plantation is required to be setback 50 metres from all the dwellings and outbuildings located on the subject site or neighbouring properties. The subject site contains a dilapidated outbuilding, which is to be removed prior to re-establishing the Plantation. It is recommended that the applicant be requested to liaise with the Shires Building Services section over the required demolition permit.

It is also noted, that there are dwellings, cabins and associated outbuildings located on the adjoining properties to the west. The setback distances to these structures from the Plantation is over 100 metres in each instance. This exceeds the 50 metre setback and 50 metre low fuel zone requirement of the Guidelines.

DBCA Comment

Within their submission, DBCA acknowledges their role in assisting Forest Products Commission with fire suppression activities as outlined in Plantation Management Plan – FPC421.

Visual Impact

In accordance with the Policy, key locations with high visual aesthetic have been identified around each settlement (Northcliffe, Pemberton, Manjimup and Walpole) area that are located around or near designated regional roads. The subject site is not located within an identified area and therefore the Plantation complies with this aspect of the Policy.

Conclusion

Approval to the application as submitted will result in the re-establishment of a 176ha softwood timber plantation on the property. Although there are concerns regarding the potential use of Cutting Road for harvesting operations, the proposal otherwise complies with both the Shire Local Planning Policy and Shire of Manjimup Local Planning Scheme No.4.

Given the above, it is recommended that the application be granted conditional approval.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Timber Plantations within the rural areas of the Shire are guided by the provisions of the Shire of Manjimup Local Planning Policy 6.1.11 - Rural Land Uses. The application’s compliance with this policy is addressed within the comment section of this agenda item.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: No clearing of native vegetation is proposed. Provided the proposed use is managed appropriately, no detrimental environmental impacts are anticipated.

Economic: The application if approved will contribute to the area’s timber products industry and will continue to diversify the economy by providing employment opportunities within the Shire.

Social: Nil. It is considered that proposal is compatible with the rural nature of the area and existing land uses abutting the site.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval for a Plantation (Pinus radiata) at Location 11988 Cutting Road, Upper Warren in accordance with the submitted plans and specifications and subject to the following conditions:

a) Prior to the commencement of use, a transport management plan identifying heavy vehicle movement network shall be prepared, approved and implemented to the satisfaction of the Shire of Manjimup;

b) In conducting the activity hereby approved the plantation Operator/Manager is required to comply with all relevant legislation, and to have particular regard to the general and reasonable amenity expectations of those who may be resident in the vicinity;

c) A separate ‘Harvesting Plan’ is to be submitted to the Shire of Manjimup a minimum of 24 months prior to the anticipated commencement of the harvesting of the subject Plantation and not less than 12 months prior to the commencement of harvesting operations formal notification of the intention to harvest shall be given to Shire of Manjimup. The ‘Harvesting Plan’ is to be prepared in accordance with the latest “Code of Practice for Timber Plantations” (or equivalent) that is applicable at that time;

d) Fire management measures outlined in the application are to be implemented in accordance with the approved Fire Management Plan and are to meet the performance standards outlined in the Guidelines for Plantation Fire Protection document to the satisfaction of the Shire of Manjimup;

e) At the completion of any harvesting the area which has been harvested shall be reinstated to the requirements and satisfaction of the responsible authority. In particular:

i. all waste shall be disposed of to the satisfaction of the responsible authority and should not be placed in or near any water course;

ii. any surplus tree branches shall be adequately disposed and shall not be left on site if they constitute a fire hazard; and

iii. all temporary roads shall be reinstated and left providing for adequate drainage and soil stability without the need for continuous maintenance.

f) Any proven damage to the local road network caused by vehicles associated with the Plantation is to be repaired at the applicant’s cost to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

With regards to Condition a), the applicant is:

(i) encouraged to liaise with the Shires Works and Services Directorate over preparation of the required transport management plan; and

a. advised that the Shire does not support the use of Cutting Road for haulage associated with the harvest of the plantation hereby approved, given the current construction standard and potential for traffic conflict. As an alternative it is recommended that the applicant liaise with the Department of Biodiversity, Conservation and Attractions over the potential use of State Forest Roads to access Wheatley Coast Road.

(ii) That the operation of the Plantation including its harvest is required to comply with the ’Environmental Protection (Noise) Regulations, 1997’.

(iii) The applicant is advised to liaise with the Shire of Manjimup Technical Services with regards to the use of Cutting Road and an alternative route.

(iv) The applicant is advised to liaise with the Shire of Manjimup Building Services section to determine whether a demolition permit is required for the removal of any building on the property.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27753

a) Prior to the commencement of use, a transport management plan identifying heavy vehicle movement network shall be prepared, approved and implemented to the satisfaction of the Shire of Manjimup;

e) At the completion of any harvesting the area which has been harvested shall be reinstated to the requirements and satisfaction of the responsible authority. In particular:

i. all waste shall be disposed of to the satisfaction of the responsible authority and should not be placed in or near any water course;

ii. any surplus tree branches shall be adequately disposed and shall not be left on site if they constitute a fire hazard; and

iii. all temporary roads shall be reinstated and left providing for adequate drainage and soil stability without the need for continuous maintenance.

f) Any proven damage to the local road network caused by vehicles associated with the Plantation is to be repaired at the applicant’s cost to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

With regards to Condition a), the applicant is:

(i) encouraged to liaise with the Shires Works and Services Directorate over preparation of the required transport management plan; and

(ii) That the operation of the Plantation including its harvest is required to comply with the ’Environmental Protection (Noise) Regulations, 1997’.

(iii) The applicant is advised to liaise with the Shire of Manjimup Technical Services with regards to the use of Cutting Road and an alternative route.

(iv) The applicant is advised to liaise with the Shire of Manjimup Building Services section to determine whether a demolition permit is required for the removal of any building on the property.

CARRIED: 11/0

ATTACHMENT

9.5.2 Proposed Agricultural Dams at Lot 9523 (586) Graphite Road, Ringbark

PROPONENT	R & D Kuzich
OWNER	R & D Kuzich
LOCATION / ADDRESS:	Lot 9523 (586) Graphite Road, Ringbark
WARD:	North
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/26 & P54251
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	28/02/2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for a dam that is proposed to have a 10 metre setback to the northern boundary of Lot 9523 (586) Graphite Road, Ringbark as well as a proposed extension to the southern dam which is proposed to cross the southern property boundary. Plans detailing the proposed dam are attached.

ATTACHMENT: 9.5.2(1)

The subject property is 51.8 hectares in area and accessed via a private road in the same ownership (a multi-lot title). The property contains four existing on-stream dams, a dwelling and outbuildings. A location plan is shown below.

LOCATION PLAN

The application advises that both dams will be used to irrigate horticultural activities on the land and provides the following information in respect of each of the dams:

Northern Dam

The northern dam, will be constructed with a capacity of approximately 452 Megalitres (ML). The applicant will install an automatic bypass (Bypass No. 1) from the creek to the west so that no water will be taken from that water source, and an automatic bypass (Bypass No. 2) from the south to ensure the continuation of flow from this water source to the properties north of the proposed dam.

Bypass No. 1 will release into the top of the proposed spillway and exit prior to the property boundary. Bypass No. 2 will release into the bottom of the spillway.

The location of the northern dam will mean that the toe of the dam wall will be located 10 metres from the northern boundary. The wall of this dam is proposed to be 11.5 metres in height.

Southern Dam

It is proposed to extend the southern dam to a capacity of 209ML. The extension of the southern dam means that the excavation will occur over the common boundary of 586 and 594 Graphite Road.

This dam has a proposed setback of 165 metres from the western boundary, 200 metres from the eastern boundary and more than 570 metres from the northern boundary.

Council is requested to determine the application given that approval to the dam will require a relaxation of normal setback requirements relating to property boundaries.

PUBLIC Consultation Undertaken:

The application was referred to the Department of Water and Environmental Regulation (DWER) and adjoining landowners for comment. A copy of the submissions received is attached.

ATTACHMENT: 9.5.2(2)

COMMENT (Includes Options):

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

The Scheme objectives for this zone reinforce the requirement for the protection of rural activities. The following comments are offered to assist Council in determining the application.

Setbacks

As outlined within section 5.34 of the Scheme, development within the Priority Agriculture Zone is normally required to be setback as follows:

· Front Setback – 30 metres;

· Side Setback – 10 metres;

· Rear Setback – 30 metres;

In this case, the applicants are seeking a relaxation of the setback for the northern boundary of 10m and are seeking to pass over the southern boundary into the adjacent property, also owned by the applicants.

Exempted Development

In accordance with the Scheme Clause 8.4(xxiv(b)) dams located within the Priority Agriculture and General Agriculture zones are exempt from requiring planning approval where the lower edge of the dam wall, and any other part of the dam including the dam water is further that 20 metres from the property boundaries. Planning Consent is required in this instance, with a relaxation of front and rear setbacks being sought.

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. However prior to relaxing a standard, the local government must be 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.”

In this case, a relaxation of the northern (rear) setback is consistent with the requirements of clause 10.2, and approval will not result in a detrimental impact on either the subject land or adjacent property. A setback of 10m will ensure that access is available for emergency vehicles and for maintenance of the dam wall.

In terms of the proposed southern dam, there are risks associated with approval to a dam straddling a property boundary. Whilst the two properties are currently in one ownership, if one of the parcels is sold the ownership of the water rights becomes uncertain. It is therefore recommended that either:

a) The common boundary between 586 and 584 Graphite Road be amended so as to ensure that the dam is wholly contained in a single property with a setback of not less than 10m to the new boundary; or

b) The two properties are amalgamated.

The applicant has been made aware of the likely recommended condition to either amalgamate or to undertake a boundary realignment to ensure all stored water is contained within a single lot title.

Matters to be considered

As prescribed by clause 10.2 of the Scheme, the local government is required to have regard to various matter when determining an application for planning approval. These matters include, but are not limited to:

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

(ii) the requirements of orderly and proper planning;

(x) the compatibility of a use or development with its setting including the potential impact on the use and enjoyment of adjacent and nearby land and taking into consideration any Special Control Area; and

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

With specific reference to potential risks (point xiv) above, it is noted that whilst failure of the most northern dam will result in the discharge or water over the adjoin property to the north. Whilst it appears that no dwellings or other buildings would be under threat from a dam failure, land to the north contains two significant dams. Failure of the northern proposed dam would therefore have to potential to result in the cascading failure of other downstream dams, significantly impacting on the rural activities being undertaken on the land.

The design and construction of dam walls and overflow infrastructure is a critical aspect of the success of the holding capacity of the dam. Given the proposed wall height is 11.5 metres it is recommended that a condition be imposed to require engineering documentation that demonstrates the structural integrity of the dam prior to the commencement of the works on the northern most dam.

Policy assessment

Assessment of the application against the requirements of Local Planning Policy 6.1.11 - Rural Land Use (LPP 6.1.11) has identified that application meets the requirements of LPS4 6.1.11, with the exception of the setbacks to the northern and southern boundaries as discussed above.

Setback Relaxation

The southern dam crosses the boundary for approximately 90 metres. This construction would not be consistent with the requirements of LPP 6.1.11. The dam has been assessed against LPP 6.1.11 and it is considered that the dam:

· has an agricultural/horticultural purpose;

· there are no proposed structures such as pump sheds within the boundary setbacks;

· the dam is an on-stream water catchment dam;

· the applicant is proposing to provide an overflow and by-pass pipes to ensure the flow of water downstream is no prohibited or restricted; and

· the dam has a minimal impact upon the amenity of the surrounding area.

It is recommended that the dam be required to be setback a minimum of 10m from any revised property boundary.

Adjacent Landowner Submission

A submission has been received on behalf of an adjoining landowner advising that they would like some understanding and clarification as follows:

· They have no problem with the 10m setback, provided the dam wall has been engineer designed and approved;

· How the dam will impact the spillway/overflow back into the creek has been designed appropriately without flooding to neighbouring property;

· What/How is the purpose of the automatic by-pass pipes to be used and monitored; and

· Understanding their water management, collection, use of intake, class of license and overall intake license amount.

Essentially the first two questions posed on behalf of the landowner are seeking surety regarding the standard of the dam construction and that any overflow will not result in flooding of adjacent property. From details provided with the application it appears that the landowner has sought professional assistance with the design of the dam.

With respect to the remaining two questions posed on behalf of the adjacent landowner, the by-pass requirements to maintain and water allocation are requirements associated with the DWER regulation license processes. These requirements are listed as conditions on the landowners permit from DWER. Correspondence providing this information has been forwarded to the adjacent landowner’s representative.

Conclusion

The proposed variation to the setback provisions of the Scheme, allow for emergency vehicular access and maintenance to the southern dam wall. The application is recommended for approval subject to appropriate conditions.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No. 4

Policy / Strategic Implications:

The application has been assessed against Local Planning Policy 6.1.11 Rural Land Uses.

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Establishing a large water storage area this assist towards the irrigation of future additional agricultural pursuits on the property.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No.4 grant planning approval for the two Dams on Lot 9523 (586) Graphite Road (Application TP 2019/26) in accordance with the plans and specifications attached at 9.5.2(1) and subject to the following conditions and advice:

a) The development permitted shall be carried out generally in accordance with the plans and specifications submitted as listed below:

Reference	Document Title	Date Received
MJO2019-002	Aerial Overview – New dam, southern extension and automatic bypass	31 January 2019
Form	Additional information for dam construction	31 January 2019

b) Prior to the commencement of the southernmost dam modifications, Lots 100 and 9523 shall be reconfigured to ensure that water associated with the southern dam does not cross property boundaries and all Dams can achieve a minimum 10 metre setback unless otherwise approved as part of this application.

c) Prior to the commencement of dam construction, the applicant is to provide construction details of the dam wall and overflow infrastructure. Such details are to be to the satisfaction of the Shire of Manjimup.

d) The design of the northern dam wall is to be certified by a practicing civil/structural engineer to ensure that it will be structurally sound and constructed to a standard that will ensure that failure of the proposed dam wall does not occur, including in the case of extreme flood events exceeding a 1 in 100 year event.

e) All drainage runoff associated with the dam is to be retained on the subject property.

Advice to Applicant:

i) With regards to Condition b), the southern dam subject of this approval is required to be contained within one (1) legal title with a minimum 10 metre setback from property boundaries;

ii) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

iii) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on the adjacent properties; and

iv) To mitigate against the risk of sediment and erosion to adjacent properties and water quality of the dam, the applicant should refer to the Department of Water and Environmental Regulation’s Water Quality Protection Note No. 53 ‘Dam construction and Operation in Rural Areas’ (June 2018) where appropriate and practical.

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Taylor, R

27754

a) The development permitted shall be carried out generally in accordance with the plans and specifications submitted as listed below:

Reference	Document Title	Date Received
MJO2019-002	Aerial Overview – New dam, southern extension and automatic bypass	31 January 2019
Form	Additional information for dam construction	31 January 2019

d) Should the northern dam wall exceed 10 metres in height, it is to be certified by a practicing civil/structural engineer to ensure that it will be structurally sound and constructed to a standard that will ensure that failure of the proposed dam wall does not occur, including in the case of extreme flood events exceeding a 1 in 100 year event.

e) All drainage runoff associated with the dam is to be retained on the subject property.

Advice to Applicant:

i) With regards to Condition b), the southern dam subject of this approval is required to be contained within one (1) legal title with a minimum 10 metre setback from property boundaries;

ii) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

iii) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on the adjacent properties; and

v) The applicant is advised that engineering certification of the dam wall will not be required in the event the wall height does not exceed 10 metres.

CARRIED: 11/0

ATTACHMENT

9.5.3 Retrospective Approval for Rural Workers Accommodation at Lot 2 (874) Stirling Road, Channybearup

PROPONENT	Delroy Super Fund
OWNER	Delroy Super Fund
LOCATION / ADDRESS:	Lot 2 (874) Stirling Road, Channybearup
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/19 & P57291
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	5 March 2019
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is for Council to consider an application for retrospective approval for proposed ‘Rural Workers Accommodation’ at Lot 2 (874) Stirling Road, Channybearup (subject site).

The subject site is 26.2 hectares and forms part of an avocado farm with Lot 10080 and 10066 Stirling Road, Channybearup by the same owners. The subject lot is located on the north-east side of Stirling Road and currently consists of a dwelling. A location plan is provided below.

LOCATION PLAN

An application has been received which seeks approval to a transportable building consisting of four (4) bedrooms with ensuite for workers accommodation. If approved the transportable will be in front of the existing dwelling, setback 40 metres from the road boundary, with parking for vehicles along-side. Details of the application are provided attached.

ATTACHMENT: 9.5.3(1)

During a site inspection it was discovered that the proposed accommodation had been placed onsite, however was not being used at the time. Photographs of the transportable located on site are shown as attachment 9.5.3(2). Council is therefore requested to consider granting retrospective approval to the development.

ATTACHMENT: 9.5.3(2)

PUBLIC Consultation Undertaken:

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

One submission from the neighbour was received during the consultation period supporting the application however requested a limitation be imposed on the amount of workers accommodation at the property. A copy of the submission is provided attached.

ATTACHMENT: 9.5.3(3)

COMMENT (Includes Options):

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

‘Rural Workers Accommodation’ is an ‘A’ land use within the zone, being a use that is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6. As detailed in the public consultation section above, advertising of the application has been completed.

Local Planning Scheme Provisions

In accordance with clause 5.12.6 of the Scheme, approval may be granted to a relocated (second-hand) building where, in the local government’s opinion:

· such a building is in a satisfactory condition and the design and location of the building will not adversely affect the amenity of the locality.

· The proposal complies with the provisions of the local governments Local Policy – Relocated Buildings.

Policy 6.1.10 Relocated Buildings

As a second-hand transportable building, the proposed accommodation has been assessed against Local Planning Policy 6.1.10 (the Policy). Whilst generally compliant, matters that require further consideration are outlined below.

Amenity and Appearance of Proposal

The Policy requires that consideration is given to the relocated building in its new position is compatible with the type of buildings that exist in the locality. Consideration must also be given to whether the external appearance of the building requires improvement through external paint, recladding, construction of verandahs or if modification of the roof is considered necessary to ensure the building is consistent with surrounding buildings.

The proposed accommodation is to be located 40 metres from Stirling Road, central to the properties Stirling Road frontage. Approval at this setback is unlikely to detrimentally impact on the amenity of the street or adjacent land given that:

· Existing development on Stirling Road to the south-east includes rural outbuildings with a nil setback to the street;

· The location is over 500m from the adjoining landowners dwelling; and

· The balance of the subject land has been planted with an avocado orchard.

As demonstrated by the photographs shown at Attachment: 9.5.3(2), the transportable is in overall good condition. Painting or other external improvements are therefore not required. It is recommended that the applicant be encouraged to consider the addition of a verandah to the front of the building.

It should also be noted that the adjacent landowners have confirmed that they have no objection to the current proposal. The landowners have however expressed concern that visual amenity may be disrupted given the location in proximity to the road, if additional transportable units are proposed.

Landscaping

As outlined by the Policy, landscaping of a front setback may be required as a condition of planning approval to ensure the relocated building is established as quickly as possible in its new location. The Policy stipulates that such landscaping is to be planted within six (6) months of relocation and maintained at all times to the satisfaction of the local government.

In this case, given the 40m front setback and the existence of rural outbuildings with a nil front setback, a formal condition requiring landscaping is not recommended. It is however recommended that the applicant be encouraged to establish landscaping between the building and the road to improve the overall amenity for those persons who will occupy the development.

Energy Efficiency

A relocated building is considered a new building under the Building Regulations 1989, or subsequent legislation. Consequently, it is required to meet the current Energy Efficiency requirements for the applicable Climate Zone as outlined in the Building Code of Australia (BCA) for the relevant class of building. Assessment of compliance with the BCA will occur at the building permit stage. It is recommended an appropriate advice note be included on any approval granted by Council.

Adjacent Landowner Submission

The adjoining landowner through their submission have stated that they have no objection to the proposal as it is only one transportable accommodation quarters on the property.

On discussion with the neighbour, the basis of the request was due to the negative visual impact of transportable accommodation on the surrounding landscape. There is no adopted Council position on the number of rural workers accommodation buildings on a property however, it is noted that the position of the accommodation is in front of the main dwelling on the property. As discussed above, it is recommended that the landowner be encouraged to establish landscaping within the front setback.

It is likely that formal condition requiring landscaping of the front setback will be recommended should any additional future transportable buildings be proposed in that location.

Health and Building Requirements

The proposed development will need to meet the requirements of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code. An appropriate effluent disposal system is required to be installed on site for the proposed development. These aspects will be dealt with at the building permit and Environmental Health approvals stage. An advice note in regard to these aspects will be included on any approval granted by Council.

Water Supply

There will be a need for the landowner to ensure a suitable source of potable water is available to service the development. A condition reflecting this requirement has been included in the Officer Recommendation.

Retrospective Nature of Application

As indicated in the background section of this agenda item an inspection of the site, undertaken as part of the assessment process for this application, revealed that the transportable building had in fact already been located on site on a formal elevated gravel pad.

Whilst use of the building has yet to commence, by located the transportable in its final position, the applicant has contravened the requirement for prior planning approval to be obtained. Given this, Council may wish to consider commencing legal action for a breach of Local Planning Scheme No 4.

It should be noted that any decision by Council to grant conditional approval does not prevent legal action being taken for the initial breach of the Scheme.

Conclusion

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

STATUTORY ENVIRONMENT:

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

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil

Financial Implications:

The appropriate application fee has been paid by the proponent.

Sustainability:

Environmental: Nil

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

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants approval for ‘Rural Workers Accommodation’ at Lot 2 (874) Stirling Road, Channybearup subject to the following conditions:

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

Reference	Document Title	Date Received
1.	Location Plan	24 January 2018
2.	Site Plan Accommodation	24 January 2018
3.	Floor Plan Accommodation	24 January 2018

b) Management and emergency evacuation plans are to be prepared and displayed in the Rural Workers Accommodation at all times and shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup;

c) Rural workers residing on the property, are to be employed in rural activities undertaken by the landowner;

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

Advises the applicant that:

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

b) The applicant is encouraged to consider the installation of a verandah on the front of the transportable building together with landscaping to be located between the building and Stirling Road in order to improve the overall amenity for those persons who will occupy the building;

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

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

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

f) The applicant is advised to contact the Shire of Manjimup over any required Lodging House registration; and

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

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Herbert, V

27755

That Council:

Reference	Document Title	Date Received
1.	Location Plan	24 January 2018
2.	Site Plan Accommodation	24 January 2018
3.	Floor Plan Accommodation	24 January 2018

c) Rural workers residing on the property, are to be employed in rural activities undertaken by the landowner;

Advises the applicant that:

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

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

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

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

f) The applicant is advised to contact the Shire of Manjimup over any required Lodging House registration; and

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

CARRIED: 11/0

ATTACHMENT

9.5.4 Proposed Agricultural Dam with Reduced Setback at Lot 8199 (322) Green Road, Channybearup

PROPONENT	Joseph and Leanne Mazzarolo
OWNER	Joseph and Leanne Mazzarolo
LOCATION / ADDRESS:	Lot 8199 (322) Green Road, Channybearup
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/21 P55349
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	5/03/2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for a dam that is proposed to have a 10 metre setback to the north-eastern boundary of Lot 8199 (322) Green Road, Channybearup. Plans detailing the proposed dam are attached.

ATTACHMENT: 9.5.4(1)

The subject property is 31 hectares in area and accessed via Green Road. The property contains a dwelling and outbuildings. A location plan is shown below.

LOCATION PLAN

The proposed dam, with a capacity of approximately 115 Megalitres (ML) will be used to irrigate horticultural activities on the property. The location of the dam will mean that the dam wall will be 10 metres from the south-eastern boundary and 10m from north-eastern boundary, being a common boundary to State Forest.

The application is referred to Council for its determination as approval to the proposal requires a relaxation of setback requirements.

PUBLIC Consultation Undertaken:

The application was referred to the Department of Water and Environmental Regulation (DWER), The Department of Biodiversity Conservation and Attractions (DBCA) and adjoining landowners for comment. Copies of the submissions received are attached.

ATTACHMENT: 9.5.4(2)

COMMENT (Includes Options):

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

As outlined within section 5.34 of the Scheme, development within the Priority Agriculture Zone is normally required to be setback as follows:

· Front Setback – 30 metres;

· Side Setback – 10 metres;

· Rear Setback – 30 metres;

· State Forest – 100 metres.

With a setback of 10 metres proposed to the common boundaries with rural land to the south east and State Forest to the north east, the development may only be approved via a relaxation of the required setbacks. The following comments are provided to assist Council in determining the application.

Exempt Development

In accordance with Clause 8.4(xxiv(b)) of the Scheme, dams located within the Priority Agriculture and General Agriculture zones are exempt from requiring planning approval where the lower edge of the dam wall, and any other part of the dam including the dam water is further than 20 metres from the property boundaries.

Planning Consent is required in this instance given that the north-eastern boundary setback will not be met.

Relaxation of Standards

“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.”

In this case, the proposed dam will comply with the scheme setback requirements for the side (south-eastern) boundary, however a relaxation of the setback to the rear (north-eastern) boundary is sought.

The DBCA has advised that it has no objection to the setback variation providing all works associated with the construction remains within the property.

Development of the dam as proposed is consistent with the requirements of clause 10.2 in that the use is compatible with its setting and will not detrimentally impact on the amenity of the area. Given this and the fact the DBCA have raised no objection to the proposal, a relaxation of the 100m setback is supported.

Policy assessment

It is considered that the dam:

· has an agricultural/horticultural purpose;

· there are no proposed structures such as pump sheds within the boundary setbacks;

· the dam is an on-stream water catchment dam;

· the applicant is proposing to provide an overflow and by-pass pipes to ensure the flow of water downstream is no prohibited or restricted; and

· the dam has a minimal impact upon the amenity of the surrounding area.

Design and construction of dam walls and overflow infrastructure is a critical aspect of the success of the holding capacity of the dam. Given the proposed wall height is 10 metres it will be recommended to the applicant that the design should be supported engineering documentation that demonstrates the structural integrity of the dam prior to the commencement of works on site.

DWER Comments

DWER have advised that the applicant will be required to construct a spillway to return excess water to the original watercourse and a facility for the controlled release of water into the water course without pumping or syphoning.

Conclusion

Whilst a setback relaxation is sought, the resultant setback of 10 metres will allow for emergency vehicular access and maintenance to the dam wall. The application is therefore recommended for conditional approval.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No. 4

Policy / Strategic Implications:

The application has been assessed against Local Planning Policy 6.1.11 Rural Land Uses.

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Establishing a large water storage area this assist towards the irrigation of future additional agricultural pursuits on the property.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No.4 grant planning approval for a Dam that has a setback of 10 metres from the north-eastern boundary of Lot 8199 (322) Green Road, Channybearup (Application TP 2019/21) in accordance with the plans and specifications attached at 9.5.4(1) and subject to the following conditions and advice:

a) The development permitted shall be carried out generally in accordance with the plans and specifications submitted as listed below:

Reference	Document Title	Date Received
1.	Site Plan	25 January 2019
2.	Dam Details	25 January 2019
Form	Additional information for dam construction	25 January 2019

b) All parts of the dam hereby approved shall be setback a minimum of 10 metres from the north-eastern and south-eastern boundaries to the satisfaction of the Shire of Manjimup; and

Advice to Applicant:

i) With regards to Condition c), it is recommended that the design of the dam wall is certified by a practicing civil engineer to ensure that it will be structurally sound and constructed to a standard that will ensure that failure of the proposed dam wall, including in the case of extreme flood events exceeding a 1 in 100 year event;

ii) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

iii) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on the adjacent properties;

iv) The proponent is advised to contact the Department of Water and Environmental Regulation’s Manjimup licensing branch (ph. 6364 7930) to extend their licence, and/or amend their licence (if the Annual Water Entitlement would be exceeded);

v) All clearing is to be undertaken in accordance with Clearing Permit CPS7217/1; and

vi) To mitigate against the risk of sediment and erosion to adjacent properties and water quality of the dam, the applicant should refer to the Department of Water and Environmental Regulation’s Water Quality Protection Note No. 53 ‘Dam construction and Operation in Rural Areas’ (June 2018) where appropriate and practical.

COUNCIL RESOLUTION:

Moved: Herbert, V Seconded: Ventris, M

27756

a) The development permitted shall be carried out generally in accordance with the plans and specifications submitted as listed below:

Reference	Document Title	Date Received
1.	Site Plan	25 January 2019
2.	Dam Details	25 January 2019
Form	Additional information for dam construction	25 January 2019

b) All parts of the dam hereby approved shall be setback a minimum of 10 metres from the north-eastern and south-eastern boundaries to the satisfaction of the Shire of Manjimup; and

Advice to Applicant:

ii) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

iii) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on the adjacent properties;

v) All clearing is to be undertaken in accordance with Clearing Permit CPS7217/1; and

CARRIED: 11/0

ATTACHMENT

9.5.5 Proposed Amendment to Local Planning Scheme No. 4 to Rezone Lot 102 (721) Seven Day Road, Jardee from Caravan Park to Tourist Enterprise

PROPONENT	Jeremy Beissel
OWNER	Mr J P & Mrs K D Beissel
LOCATION / ADDRESS:	Lot 102 (721) Seven Day Road, Jardee
WARD:	West
ZONE:	Caravan Park
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/40 P54562
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	6/03/2019
DECLARATION OF INTEREST:	Nil

Background:

Fonty’s Pool and Caravan Park is located at Lot 102 (721) Seven Day Road, Jardee. The land has an area of 17.4 hectares and is located to the south of Seven Day Road. The property has a long history of operating as a caravan park and private recreation site. A location plan is provided below, whilst an aerial photograph of the site is shown attached.

ATTACHMENT: 9.5.5(1)

LOCATION PLAN

A request has been received from the owner/operator of Fonty’s Pool and Caravan Park to initiate a Scheme amendment to include the land within the “Tourist Enterprise Zone” in order to facilitate an expansion of the activities that may be undertaken on the land. A copy of the owner/operator’s request is attached.

ATTACHMENT: 9.5.5(2)

Council is now requested to consider initiation and/or adoption of a scheme amendment for the purposes of environmental impact assessment and advertising.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the land within the “Caravan Park” Zone. The purpose of the Caravan Park zone as outlined in Clause 4.15.1 of LPS4 is to provide for the development of caravan and camping ground for the use of short-stay accommodation and where appropriate to provide opportunities for long-term accommodation by permanent residents.

To assist Council in considering this request, the following information is offered:

Previous Zoning

Under the provisions of the Shires previous Town Planning Scheme No. 2 (TPS2), the subject property was zoned ‘Rural’. This zoning provided flexibility of land uses and enabled the approval in 2010 of a Tavern on the property adjacent the existing reception building.

Current Zoning

With the gazettal of Local Planning Scheme No. 4 (LPS4) the zoning changed to reflect the predominant land use of a caravan park. The introduction of this zone however generally restricted potential future land uses to those associated with the caravan park, holiday accommodation and associated food and beverage uses such as a restaurant/tearooms.

Uses such as reception centre, tavern or small bar are not permitted under the current zoning.

Proposed Zoning

The land owner is wishing to diversify the business and expand on the additional tourist related activities that may be permitted on site. By including the land within the Tourist Enterprise zone the range of permissible activities will increase, allowing the property to be a multiple use facility increasing the income stream for the development.

The purpose of the Tourist Enterprise zone as outlined in Clause 4.11.1 of LPS4 is to encourage a range of tourist and recreation facilities and quality tourist accommodation and activities for visitors at appropriate locations within the rural areas and townsites of the local government area.

Lot 101 (715) Seven Day Road, Jardee

Adjacent to the property, Lot 101 is also included within the Caravan Park Zone. Lot 101 contains a residence and residential outbuildings and is generally residential in nature. The current zoning of Caravan Park and the proposed zoning of Tourist Enterprise are not considered appropriate given the small size of the property.

It is therefore recommended that the further consideration of zoning for Lot 101 be given under the provisions of draft Local Planning Scheme No 5.

Consistency with Local Planning Strategy

Although the subject property is not specifically addressed in the 2003-2017 Local Planning Strategy, the site is shown as a Strategic Tourist Site in the draft Local Planning Strategy currently being finalised.

The proposed Scheme amendment addresses a number of Strategies outlined in the Shire of Manjimup Strategic Community Plan by providing development opportunities and supporting local small businesses to thrive and by supporting services and infrastructure to encourage caravan and RV tourism.

Amendment Process

Council is being requested to initiate the Amendment. Until such time that initiation occurs the proposal remains outside of the legislative process that is dictated by the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. There is also no avenue of appeal in the event that Council does not initiate an amendment.

Should Council resolve to initiate the Amendment, it needs to be mindful that once this act occurs, the Amendment is required to be processed and determined. Therefore, it is prudent that Council is satisfied that the Amendment is sufficiently justified and contains an appropriate level of detail for it to be determined by the Western Australian Planning Commission (WAPC). This is necessary in order to provide a high degree of confidence that the resultant development will meet the objectives of orderly and proper planning.

Should Council support the applicant’s request, Shire employees will liaise with the landowner over the preparation of suitable scheme amendment documents. Once these documents are available, a further report will be prepared for Council to consider adoption and advertising of the amendment in accordance with the requirements of the Planning and Development Act 2005.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015 and Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

Amending the zoning of the subject land as proposed is consistent with the following Community Goals and Strategies relating to “Our Prosperity” as identified in the Shire of Manjimup Strategic Community Plan 2017-2017:

Community Goals

1.1 The Region grows in reputation as a world-class culinary, agricultural, environmental and trails tourism destination.

Strategies

B15. Provide development opportunities and support local small business to thrive.

B17 Support services and infrastructure to encourage caravan and RV Tourism.

Organisational risk management:

Nil.

Financial Implications:

All costs are to be borne by the proponent.

Sustainability:

Environmental: Nil.

Economic: The development has the potential of generating economic activity and providing additional tourist related activities in the Manjimup area. The site will act as a reception and event hub drawing visitors to the area.

Social: The amendment will assist in formalising the property as an area used for social and tourist events.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

a) Pursuant to Section 75 of the Planning & Development Act 2005, amend Local Planning Scheme No 4 to:

a. rezone Lot 102 (721) Seven Day Road, Jardee from “Caravan Park” zone to “Tourist Enterprise” zone.

b) Classify the scheme amendment, referred to in point a), above as a Standard Scheme Amendment in accordance with Clause 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, as the amendment will modify the current zoning from one tourist related zone to another tourist related zone, which is unlikely to result in any significant environmental or other impacts on either the subject land or land in the locality;

c) Following receipt of four copies of the Amendment documentation, prepared to the satisfaction of the Chief Executive Officer, and payment of the required scheme amendment fee, the amendment be referred to the Environmental Protection Authority for environmental impact assessment in accordance with Section 81 of the Planning and Development Act;

d) Subject to the Environmental Protection Authority determining that the scheme amendment will not be the subject of a formal Environmental Impact Assessment, refer the proposed amendment to the Western Australian Planning Commission for consent to advertise the amendment for a period of not less than 42 days in accordance with Section 47 of the Planning and Development (Local Planning Schemes) Regulations 2015;

e) Await a further officer report on the amendment following the close of advertising referred to in point d) above; and

f) Advise the Department for Planning/Western Australian Planning Commission of points a) to e) above.

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Taylor, R

27757

That Council:

a) Pursuant to Section 75 of the Planning & Development Act 2005, amend Local Planning Scheme No 4 to:

a. rezone Lot 102 (721) Seven Day Road, Jardee from “Caravan Park” zone to “Tourist Enterprise” zone.

e) Await a further officer report on the amendment following the close of advertising referred to in point d) above; and

f) Advise the Department for Planning/Western Australian Planning Commission of points a) to e) above.

CARRIED: 11/0

ATTACHMENT

9.5.6 Delegated Planning Decisions for February 2019

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Various
WARD:	Various
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170085
LEGISLATION:	Local Government Act 1995
AUTHOR:	Tina Buckley
DATE OF REPORT:	7 March 2019
DECLARATION OF INTEREST:	Nil

Background:

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

Delegated planning decisions are reported to Council on a monthly basis to ensure that Council has an appropriate level of oversight on the use of this delegation. A Register of Delegated Development Approvals, detailing those decisions made under delegated authority in February 2019 is attached

ATTACHMENT: 9.5.6(1)

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

During February 2019, nine (9) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for February 2018 compared to February 2019:

Table 1: Planning Decisions Made February 2018 and 2019

	February 2018	February 2019
Delegated Decisions	8 ($575,930)	9 ($705,537)
Council Decisions	4 ($196,700)	2 ($23,000)
Total	12 ($772,630)	11 ($728,537)

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

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

	YTD 2017-18	YTD 2018-19
Delegated Decisions	86 ($17,115,228)	79 ($8,208,748)
Council Decisions	49 ($8,878,264)	32 ($9,364,800)
Total	135 ($25,993,492)	111 ($17,573,548)

STATUTORY ENVIRONMENT:

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

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

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

Policy / Strategic Implications:

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

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receives the report on Delegated Development Approvals for February 2019 as shown Attachment: 9.5.6(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Jenkins, D

27758

That Council receives the report on Delegated Development Approvals for February 2019 as shown Attachment: 9.5.6(1).

CARRIED: 11/0

9.13.1 Proposed Budget Amendment for Drainage - Blechynden Street, Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Blechynden Street
WARD:	Central
ZONE:	N/A
DIVISION:	Works and Services
FILE REFERENCE:	F190087
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	21 February 2019
DECLARATION OF INTEREST:	Nil

Background:

The Shires 2018/19 Budget identifies a total $63,445 funding to upgrade the drainage at the corner of Stokes Street and Blechynden Street. These funds are comprised of two carry forward budget allocations: “Drainage – Blechynden St c/f” $33,357 and “Drainage – Cnr Blechynden and Stokes St c/f “ $30,088.

Council approved the budget for these works with adoption of the Shire’s 2018/19 Annual Budget on 26 July 2018. The works are required to upgrade the piped drainage system at the corner of Blechynden Street and Stokes Street, Manjimup where there is currently piped drainage that’s is non-operational and allows excess water that is discharged onto the road surface to travel and flood across and onto private property.

As preparation and detailed project design occurred, it became apparent that a budget shortfall of up to $30,000 has been revealed. To effectively rectify the drainage issues at this location, Officers have identified a municipal funded project that can help meet the shortfall, pending Council approval. The purpose of this report is for Council to consider upgrade to the non-operational piped drain that services two catchment areas.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In 2004 the Shire commenced the process to create a drainage easement through private property on Lot 1 Blechynden Street, Manjimup. This easement was to allow maintenance works to a then open drain that would better divert runoff into the Shires Drainage Reserve 4044 (Lot 776 Karri Street, Manjimup), adjacent the property. The easement was never created.

Consequently, at some point in time the open drain was replaced with a piped drain in Lot 1 Blechynden Street that truncates as an open drain forcing water to discharge onto Lot 370 Karri Street before it entered the Shires drainage reserve. The image below provides a graphic representation of the drainage system.

In 2017, the property owner commenced importing fill onto the property (with retrospective approval from Council at its Ordinary Meeting 27 September 2018), effecting the piped drain to now be non-operational.

During detailed planning and design of the drainage works, numerous issues were revealed (working directly adjacent Western Power assets, connecting to the Shire’s existing drainage system and general topography) requiring an increase to the existing budgets in order to effectively complete the works.

Recent drainage upgrade works on the corner of Ipsen Street and Rose Street as well as the Town Centre Revitalisation works have shown the intended and budgeted upgrade for drainage on Rose Street may not be required at this stage. The works already completed identified maintenance issues in the Rose Street drainage system that have now been resolved, greatly improving the efficacy of the system.

Given that the 2018/19 budget allocation for “Drainage – Rose St c/f” $83,299 should not be considered a priority over the more demanding upgrade required at Blechynden Street, Council is requested to approve a budget amendment, reallocating $30,000 from “Drainage – Rose St c/f” to “Drainage – Blechynden St c/f”. The balance of the “Drainage - Rose St c/f” budget is to be used on drainage works at Rose Street and adjacent areas. Council is also requested to approve combing the two carry forward budgets “Drainage – Blechynden St c/f” $33,357 and “Drainage – Cnr Blechynden and Stokes St c/f “$30,088 into the one singular budget item.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The Shire is obligated under the Local Government Act 1995 and the Shire’s Road Hierarchy Policy 9.1.14 to provide safe and trafficable roads, which requires efficient and effective drainage from the road surface to a suitable place of discharge that minimises disruption to residential properties.

Organisational risk management:

The Shire is exposed to a medium risk with a minor consequence if the project is not completed in line with the requirements to effectively upgrade this section of piped drain. Failure to upgrade this drain will result in significant potential to flood the road reserve and adjacent properties.

Financial Implications:

No additional financial implications for 2018/19 Budget.

Sustainability:

Environmental: Functional drainage systems help ensure safe and trafficable. road networks.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council approve the budget amendment of $60,088 from the “Drainage – Rose St c/f” and “Cnr Blechynden and Stokes St c/f” to “Drainage – Blechynden St” in accordance with the table below.

Description

Current Budget

Proposed Budget

Variation

Drainage – Rose Street c/f

Cnr Blechynden and Stokes St c/f

Drainage – Blechynden Street

$83,229

$30,088

$33,057

$53,229

$93,145

($30,000)

($30,088)

$60,088

Net Rate Funds

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27759

Description

Current Budget

Proposed Budget

Variation

Drainage – Rose Street c/f

Cnr Blechynden and Stokes St c/f

Drainage – Blechynden Street

$83,229

$30,088

$33,057

$53,229

$93,145

($30,000)

($30,088)

$60,088

Net Rate Funds

CARRIED: 11/0

ATTACHMENT

9.16.1 Unconfirmed Minutes - Walpole Town Centre Revitalisation Committee Meeting - 20 February 2019

PROPONENT	Walpole Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Walpole Town Centre
WARD:	South
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160289
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	11 February 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.

A copy of the Terms of Reference (ToR) as endorsed by Council at its Ordinary Meeting held on the 28 February 2019 is appended. The Terms were revised at that meeting to reflect two community member positions being vacant.

APPENDIX: 9.16.1(A)

The purpose of this agenda item is to receive the unconfirmed minutes of the Walpole Town Centre Revitalisation Committee meeting held on 20 February 2019. A copy of the unconfirmed minutes are shown attached.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

As reflected within the unconfirmed minutes shown at Attachment 9.16.1(1), the committee passed the following resolutions for the considered of Council:

Committee Recommendation

Officer’s Comment

The Terms of Reference

That the Terms of Reference of this Committee be expanded to include space activation, revitalisation of the main street and Pioneer Park.

Refer to Comment section of agenda item. Modification of the ToR is recommended to ensure the role of the committee is clear.

Election of New Committee Members

To postpone the election of new committee members upon the confirmation of proposed fourth nomination and the confirmation of eligibility of current nominee – Mr J Chadwick.

Defer a decision until the matter is reconsidered by the Committee.

Currently the ToR for the Walpole Town Centre Revitalisation 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.

As reflected within the unconfirmed minutes, the Committee is seeking to expand the ToR to include specific reference to space activation, revitalisation of the main street and Pioneer Park.

Whilst not strictly located within the Town Centre, the Committee has on several occasions had input into the Pioneer Park Management Plan and the ongoing use and development of the reserve. This was seen by Shire employees as appropriate given the location of the Park and its proximity and relationship with commercial premises on Nockold Street.

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

Modification of ToR

Space Activation is the process by which underutilised spaces are enriched or activated through physical installations (e.g. art or street furniture) or events such as markets, music or street theatre.

The activation of Pioneer Park and places within the Walpole main street are essential components of ensuring a vibrant town centre, maximising the attraction for tourists and passing traffic and capitalising on the visual improvements resulting from the revitalisation works being undertaken.

For these reasons, no objection is raised to the modification of the ToR to include space activation within the main street and Pioneer Park.

However, it is strongly recommended that a specific geographic area is identified to ensure that the committee does not change direction to develop proposals for space activation for the entire Walpole Townsite. Such a change would represent a significant departure from the current ToR.

Operational Area

Whilst the name of the committee suggests that the committee’s role is limited to matters relating to the town centre, there are two issues, which are described as follows:

a) The ToR refer to Walpole Townscape Plans, but make no reference to the geographic area; and

b) Opinion varies as to the extent of the Walpole Town Centre.

As a result of the lack of clarity, in respect of the geographic area, the committee has on several occasions sought to have input on matters relating to other areas of the Walpole Townsite. For example matters relating to the Walpole foreshore and entrance signage on the approach to the town.

As reflected within the unconfirmed minutes, some committee members have expressed a desire to expand the ToR so as to include the whole of the Walpole Townsite. Shire Officers do not support modification of the current terms of reference to include the whole of the townsite for the following reasons:

a) The Walpole Townsite includes a geographic area that extends far beyond the town centre to include areas such as Boronia Ridge and the Walpole Light Industrial Area;

b) There are no townscape plans, or proposals for such plans outside of the commercial centre of Walpole;

c) Modification of the ToR so as to relate to the whole of the townsite would represent a major departure from the adopted ToR; and

d) Risks associated with the Committee becoming an operational advisory committee across the entire Walpole Townsite.

Defining the Town Centre

The Walpole Town Centre is generally defined by the application of the Town Centre Zone under Local Planning Scheme No 4. Generally speaking it is that land which fronts Nockold Street and the South Western Highway located between Boronia Street in the west and Stewart Street to the east.

A plan showing the extent of the zone is shown attached.

ATTACHMENT: 9.16.1(2)

In order to clearly reflect the applicable geographic area within the ToR it is recommended that a plan be appended to the ToR detailing the Town Centre Zone, the associated rear laneways and Pioneer Park. A draft of that plan is shown attached.

ATTACHMENT: 9.16.1(3)

Nomination of Community Representatives

Following the previous resignation of Ms Wilcox, the vacancy was advertised and three nominations were received from members of the public. Subsequently community member Ms Brown resigned and the committee was requested to consider appointing two persons from the three nominations previously received.

As reflected within the unconfirmed minutes, one of the three nominees withdrew their nomination prior to consideration by the committee. Questions were also raised as to:

a) Whether Mr Chadwick would be eligible to join the committee; and

b) The details of a fourth nomination received after the close of advertising.

With respect to the potential appointment of Mr Chadwick, in accordance with the Local Government Act, any ‘person’ may be appointed to an Advisory Committee of Council. Given this Mr Chadwick could be appointed despite not owning any property within the Shire and his primary address being outside of the Shire.

This detail and information relating to the fourth nomination received will be provided to the committee for their consideration at the next meeting.

Conclusion

As reflected within the unconfirmed minutes, the committee is seeking to amend the current ToR to include reference to space activation, revitalisation of the main street and Pioneer Park. Whilst modification of the ToR is supported, it is recommended that the scope of the committee be restricted to the Walpole Town Centre, including Pioneer Park.

For this reason it is recommended that the ToR be modified as follows:

· Modifying reference to the first dot point, to include reference to the Walpole Town Centre as shown on an attached plan; and

· Introduce an additional point relating to identification of opportunities for space activation within the Walpole Town Centre and Pioneer Park;

An amended draft ToR is attached incorporating the recommended changes.

ATTACHMENT: 9.16.1(4)

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 unconfirmed minutes of the Walpole Town Centre Revitalisation Committee meeting held on 20 February 2019;

2. Amend the Terms of Reference to expand the scope of the Walpole Town Centre Revitalisation Committee to include reference to the identification of opportunities for space activation within the Walpole Town Centre, including Pioneer Park as shown at Attachment: 9.16.1(4);

3. Await a further report on the appointment of replacement committee members for the two current vacancies following their further consideration by the Walpole Town Centre Revitalisation Committee.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Skoss, K

27760

That Council;

1. Receive and note the unconfirmed minutes of the Walpole Town Centre Revitalisation Committee meeting held on 20 February 2019;

3. Await a further report on the appointment of replacement committee members for the two current vacancies following their further consideration by the Walpole Town Centre Revitalisation Committee.

CARRIED: 11/0

ATTACHMENT

APPENDIX

9.16.2 Unconfirmed Minutes of the Manjimup Recreation Advisory Committee Meeting held 25 February 2019

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170452
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	28 February 2019
DECLARATION OF INTEREST:	Nil

Background:

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

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

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

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

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

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

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

A copy of the endorsed Terms of Reference is appended.

APPENDIX: 9.16.2(A)

The purpose of this report is to present the unconfirmed Minutes of the MRAC meeting held on 25 February 2019, as attached, for Council consideration.

ATTACHMENT: 9.16.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

There are two recommendations made by MRAC requiring a Council decision, being:

Committee Recommendation	Officer Recommendation
That the resignation of Anthony Stubberfield as Basketball representative is accepted.	As per Committee Recommendations.
That the nomination of Anthony Stubberfield as Football proxy representative is accepted.	As per Committee Recommendations.

The Manjimup Amateur Basketball Association will nominate a new representative at their first meeting following their annual general meeting in March 2019.

The Advisory Committee Terms of Reference have been amended as a result of the representative changes for the Football and the Manjimup Amateur Basketball Association.

ATTACHMENT: 9.16.2(2)

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

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

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed meeting Minutes of the Manjimup Recreation Advisory Committee meeting held 25 February 2019 as per Attachment: 9.16.2(1);

2. Accept the resignation of Anthony Stubberfield as Basketball representative;

3. Appoint Anthony Stubberfield as Football proxy representative; and

4. Adopt the amended Manjimup Recreation Advisory Committee Terms of Reference as per Attachment: 9.16.2(2).

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Taylor, R

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That Council:

1. Receive the unconfirmed meeting Minutes of the Manjimup Recreation Advisory Committee meeting held 25 February 2019 as per Attachment: 9.16.2(1);

2. Accept the resignation of Anthony Stubberfield as Basketball representative;

3. Appoint Anthony Stubberfield as Football proxy representative; and

4. Adopt the amended Manjimup Recreation Advisory Committee Terms of Reference as per Attachment: 9.16.2(2).

CARRIED: 11/0

10. LATE REPORTS: Nil

11. QUESTIONS FROM MEMBERS:

11.1 Response to questions from members taken on notice. Nil

11.2 Questions from members. Nil

12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING: Nil

13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:

Procedural Motion:

Moved: Omodei, P Seconded: Herbert, V

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That Council introduce Business of an Urgent Nature.

MOTION carried 8/3

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

Councillor Daubney declared an Impartiality Interest in Item 13 as she is a member of Warren Donnelly Advisory Committee. Councillor Daubney declared that she would consider the matter on its merits and vote accordingly.

Councillor Winfield declared a Financial Interest in Item 13 as he is a subscriber to the scheme. Councillor Omodei declared a Financial Interest in Item 13 as a relative is a cooperative member, his son is Justin Omodei. Councillor Jenkins declared a Financial Interest in Item 13 as her partner has an allocation in the scheme. Councillor Salomone declared a Financial Interest in Item 13 as she is an employee of the Dept. of Biodiversity, Conservation and Attractions. Director Community Services Gail Ipsen Cutts declared a Financial Interest in Item 13 as her partner is the chair of the Southern Forest Irrigation Scheme. Councillors Winfield, Omodei, Jenkins, Salomone and Director Community Services did not speak or vote on the matter and left the Chamber at 6.54pm.

The Chief Executive Officer presiding over nominations for the Presiding Member.

Councillors Robert Taylor and Wendy Eiby were nominated and accepted to assume the Chair. A vote was held and Cr Taylor was voted in 4 / 2.

Councillor Taylor assumed the Chair at 6.55pm.

Council Resolution:

Moved: Ventris, M Seconded: Herbert, V

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That Council:

1. Support the Southern Forest Irrigation Co-operative’s application for grant funding from the Australian Government for funding towards the establishment of the Southern Forest Irrigation Scheme subject to:

a) The Southern Forest Irrigation Co-operative obtaining all necessary approvals, including but not limited to:-

a. All required environmental approvals;

b. Approval to modify the existing bed and banks of the Donnelly River; and

c. A License to Take Water under the Rights in Water and Irrigation Act.

b) Water allocated to the Southern Forest Irrigation Scheme project being in addition to the water allocation for private farmers in the Donnelly Catchment.

2. Authorise the Chief Executive Officer to prepare correspondence to support the application referred to in point 1 above.

MOTION carried 5/2

FOR	AGAINST
Cr L Daubney	Cr K Skoss
Cr W Eiby	Cr R Taylor
Cr V Herbert
Cr D Tapley
Cr M Ventris

Councillors Winfield, Omodei, Jenkins, Salomone and Director Community Services returned to the Chamber at 7.11.

14. APPLICATIONS FOR LEAVE OF ABSENCE:

Council Resolution:

Moved: Taylor, R Seconded: Daubney, L

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That Council grant Cr Herbert a Leave of Absence for 15 April to 23 May 2019.

CARRIED: 11/0

15. CLOSURE:

There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 7.13pm.

SIGNED:…………………………………….DATE: …………………………

Paul Omodei.

Shire President

Committee Recommendation	Officer Comment
“That the Compliance Audit Return 2018 be accepted.”	This matter will be addressed in a separate report to Council.