Minutes of Ordinary Council

· The Chief Executive Officer and I met with Senator the Honourable Richard Colbeck, Assistant Minister for Agriculture and Water Resources along with the Honourable Rick Wilson.

· The Chief Executive Officer and I attended the opening of Freight Hub at the Busselton Airport, opened by Nola Marino MP, member for Forest.

· The Chief Executive Officer and I attended the South West Local Government Association meeting in Collie

· Councillors Verrell Herbert, Murray Ventris, Cliff Winfield and I attended the Karri Valley Triathlon held 16 and 17 March 2019.

· I attended Grants Commission Meetings in the Upper Great Southern and Mid-West, 11 Councils in the last couple of weeks.

· I attended the Warren Blackwood Alliance of Councils meeting with the Chief Executive Officer and Deputy Shire President.

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)

Gallery

Keith Skippings	John Bachos
James Hunter	Jocelyn Baister
Stephen Scarrott	Troy Reid
Carol Daws	Marilyn Morgan
Emma Marocchi	Matt Della Franca
Lara Vesela	Ross Underwood
Lukas Vesely	Daniel Simpson
Ros Bachos	David Giblett

3.1 Apologies: Nil

3.2 Leave Of Absence: Nil

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received a Proximity Interest for Item 9.9.1 from Councillor Jenkins and an Impartiality Interest from Councillor Omodei for Item 9.16.1.

Councillor Jenkins declared a Proximity Interest in Item 9.9.1 as she has a joint share at an adjacent property at 4 Finch Street, Manjimup.

Councillor Omodei declared an Impartiality Interest in Item 9.16.1 as his son has a business in Brockman Street, Manjimup.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Keith Shippings – Item 9.5.3 Retrospective Application for Animal Husbandry - Intensive and Associated Buildings at Lot 31 (88) Richardson Road, Northcliffe.

· We run a calf rearing operation in Northcliffe.

· Back in 2013 we moved to Northcliffe.

· In 2014 my partner, Stacey started working at Bannister Downs Dairy feeding calves. Mid 2014 Matt Daubney donated 10 calves to us to experiment with raising the calves.

· In conjunction with Bannister Downs Dairy we proceeded to search for markets for the calves and to see if we could satisfy that market.

· Farmers in the area asked us to raise calves for them. It gave them the ability to concentrate on their herd without concern for the calves.

· We work very closely with our Vet and they are extremely happy with our animal welfare.

· I’ve done a lot of preliminary work in waste management.

· It is a very small operation, last year we only had 450 calves. As we are a family business 450 calves is about our limit.

5.2.2 Ros Bachos – Franklin Road Middlesex.

· Mrs Bachos read from a prepared letter as attached.

ATTACHMENT: 5.2.2(1)

The Shire President responded: I will give you an undertaking that I will sign a letter of support to the Department Water and Environmental Regulation on behalf of Council. It is a common issue with a lot of farmers. Hopefully Department Water and Environmental Regulation will review their policy in relation to the methodology. Obviously they are adopting a very cautionary approach because of their studies to do with climate change. Where there is life there is hope. I hope that in the future they may reconsider some of their policies.

The Chief Executive Officer responded: In relation to your spring fed dam have you used science to prove where the spring emanates from? Like a technical assessment, hydrologist, one of those scientific backgrounds to be able to prove to the Department Water and Environmental Regulation that the spring actually emanates from your property?

John Bachos responded:

· We have had a lot of people have a look at the property and everyone agrees that there is a spring there.

· In January we had 20ml of rain and the spring started to run and the dam started to overflow.

· What they are telling us is that when it rains the water soaks into the ground on the top of our hill and activates our spring.

· 600 700 metres up the hill water is not going to get down to the bottom of our hill and activate our spring.

· I do take on board what you are saying.

The Chief Executive Officer responded: It would be my recommendation that you use that science and use someone specialist in that area and it will solve the issue one way or the other. You either have or you haven’t got a spring fed dam and someone with that scientific, technical ability will be able to answer that for you.

Councillor Daubney asked a question: What qualification is Mick Owens?

John Bachos responded:

· Mick Owens worked for the Water Authority in Bunbury and he taught Mike and Adam their jobs.

· He was there for 25 years. He is retired now and works for the opposite side trying to get water.

· He has presented a lot of paperwork to the Department Water and Environmental Regulations and they responded with ‘we have done our own modelling’.

· We have been told by Adam Maskew? that we are going to be a test case.

5.2.3 Dr Lukas Veseley and Lara Vesela, Pemberton Medical Centre – Item 9.5.5 Proposed Amendment to Local Planning Scheme No. 4 to Introduce Additional Use (Rehabilitation Centre) at Lot 1 (21) Roberts Road, Yeagarup.

· We wish to make a brief comment regarding the Cyrenian House proposal that our concerns remain unchanged.

· The reasons were explained in the document presented to Council the last time we were here.

· The Pemberton Northcliffe health service has a very limited capacity for transferring patients, particularly out of hours.

· Often patients with drug or alcohol issues need to be transferred to Bunbury or Perth.

· As an example last fortnight we had a patient who presented with an intoxication issue in the middle of the night, 3am in the morning and he needed to be transferred to a different facility even though his condition was improving, the advice was to transfer him to Perth. We were able to get an plane to the airstrip in Manjimup at 8 or 9 am in the morning. He was being handed over to the crew when the patient woke up and walked away. It required bringing a plane from Perth.

· Another example was an elderly lady who for medical reasons needed to be transferred, the decision was made at 7pm. There were no volunteers available from Northcliffe, Pemberton, Manjimup, Bridgetown and as far as Boyup Brook, 2 people were required for the transfer. The 81 year old didn’t go until 8am this morning.

· No matter what gets said I don’t expect any change in that area.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations

6.3.1 Deputation to be presented for Cyrenian House.

The Chief Executive Officer of Cyrenian House read from a prepared statement as attached.

ATTACHMENT: 6.3.1(1)

Ross Underwood – Planning Solutions.

· I am a Town Planning consultant and I have been engaged by Cyrenian House to assist them with the Town Planning process. So I have been working with the Shire’s Planners on the Scheme Amendment proposal which is in front of Council today.

· In preparing this request one thing I am aware of is the Shire of Manjimup Strategic Community Plan, it w-as prepared in June 2017 and had contributions from around 730 local residents through forums such as meetings, surveys and the like.

· Importantly, on page 29 of the document outlines the strategies, on C3 it states ‘increase the availability of mental health, alcohol and other drug addiction, domestic violence and homeless support’. This document was unanimously supported by Council in June 2017.

· It has a sister document, the Corporate Business Plan which goes further and states ‘that Council will support these types of proposals.

· My hope is that Council will take on board the comments from that quite substantial process in putting together this document.

· The second thing I will mention is the Scheme Amendment process itself. We are here today to consider the initiation of a Scheme Amendment. What that does is start the process. In that is a 42 day public advertising period. Through that there will be further opportunities for dialogue and discussion with the community and with the Shire’s officers and Councillors themselves before this goes further.

· I would like Councillors to approve this report so that we can get moving on this important project.

Councillor Salomone asked a question: Keeping in mind that what we are discussing tonight is a planning issue, t1he Warren District Hospital is serviced by local General Practitioners, it doesn’t have employed doctors within it and utilises volunteer ambulance officers as does Pemberton.

Have the local doctors in Manjimup been consulted to see whether or not they can provide the services that you are saying you will need?

Carol Daws responded: Yes we have.

Councillor Salomone asked a question: Can you tell which ones?

Carol Daws responded: Southern Districts, I think. I don’t have my notes to hand.

Councillor Salomone responded: Southern Forest Medical?

Carol Daws responded: Yes, and they have allocated us a doctor as well.

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Ventris, M Seconded: Eiby, W

27766

That the Minutes of the Ordinary Meeting of the Council held on 21 March 2019 be confirmed.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Daubney, L

27767

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 62 of the Agenda with the exception of:

CARRIED: 11/0

9.1.1	2019 Shire of Manjimup Ordinary Election: Determination of Method and Conduct of Election
9.5.2	Proposed Revision of Local Planning Policy Provisions Relating to Dams
9.5.3	Retrospective Application for Animal Husbandry - Intensive and Associated Buildings at Lot 31 (88) Richardson Road, Northcliffe
9.5.4	Potential for Legal Action - Unauthorised Land Use and Development at Lot 31 (88) Richardson Road, Northcliffe
9.5.5	Proposed Amendment to Local Planning Scheme No. 4 to Introduce Additional Use (Rehabilitation Centre) at Lot 1 (21) Roberts Road, Yeagarup
9.9.1	Proposal to Undertake Renewal and Capital Improvements at the Manjimup Regional AquaCentre - Request for Budget Amendment
9.13.1	Proposed Budget Amendment for Northcliffe Town Centre Revitalisation Works

Items passed by En Bloc Resolution

9.3.1 Monthly Financial Activity Statement - February 2019

9.5.1 Proposed Revision of Local Planning Policy 6.1.18 Landscaping

9.5.6 Proposed Revision of Local Planning Policy 6.1.4 - Advertisements

9.5.7 Delegated Planning Decisions - March 2019

9.12.1 Proposed Closure of Portion of Unconstructed Road Reserve in the Vicinity of De Campo Road/Pemberton Road North, Eastbrook.

9.15.1 Unconfirmed Minutes of the Airfield Management Committee Meeting held 20 March 2019

9.16.1 Unconfirmed Minutes of Manjimup Town Centre Revitalisation Committee held on 13 March 2019

ATTACHMENT

9.3.1 Monthly Financial Activity Statement - February 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 28 February 2019 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.1 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 28 February 2019 is a projected surplus of $11,232.

The $11,232 surplus is a projection based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under/over expenditure in other areas as the Shire progress through the financial year.

In brief the projected figures in most cases, assumes that the expenditure to 28 February 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.

February 2019 has continued the trend with no major variances coming to light with a general tightening of budgets as the Shire progresses towards 30 June 2019. As a general health check February is a good time to compare Normal Operating year to date actuals with year to date budgets.

The two graphs following illustrate where those operating accounts are compared to budget.

As can be seen by the two graphs, year to date actuals are in positive territory in both income and expenditure, income being ahead of budget and expenditure behind budget. The projections to the 30 June 2019 show that operating income and expenditure are proportionally in sync with the projected surplus coming from operating activities. The two main causes for this higher projection are Home and Community Care based services being higher than budget, as well as workers compensation claims, both areas have been offset by matching income.

As noted in previous reports Storm Damage was a line item in the budget being monitored closely due to high expenditure early in the year after a spate of storm events. The budget of $145,196 has now been fully expended and the actuals to 28 February 2019 sit at $165,380. This overspend has to be offset with maintenance accounts, as while timesheet employees are cleaning up storm damage they aren’t charging their time to maintenance accounts so a budget surplus should exist.

Other than the storm damage 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 February 2019 as per Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27768

That Council receive the Monthly Financial Activity Statement Report for February 2019 as per Attachment: 9.3.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.1 Proposed Revision of Local Planning Policy 6.1.18 Landscaping

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	25 March 2019
DECLARATION OF INTEREST:	Nil

Background:

In 2016, the planning policy manual was reviewed and revised policies adopted (Resolution 26877). The review and revision of Local Planning Policy 6.1.18 Landscaping (the Policy) consisted of an update to remove definitions and other matters addressed by Local Planning Scheme No.4 (the Scheme) and State Policy. No changes to the specifications and requirements occurred.

APPENDIX: 9.5.1(A)

Policies adopted by Council are generally reviewed every four years to ensure that the Policy remains relevant and in-line with current standards of practice. A further review of the Landscaping Policy has been completed, identifying several areas with potential for improvement. Details regarding the proposed changes are outlined within the comment section below.

Council is requested to consider approving draft amended Local Planning Policy 6.1.18 – Landscaping (draft amended Policy) for the purpose of advertising it for public comment. A copy of the draft amended policy is shown attached.

ATTACHMENT: 9.5.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Local Planning Policies are guidelines used to guide applicants and the Shire in making decisions under the Scheme. In accordance with clause 2.2 of the Scheme, a local government may prepare a Local Planning Policy in respect of any matter relating to the planning and development of the Scheme. Once adopted by Council the Policies are used to guide both applicants and the local government through the decision making process.

As noted within clause 2.3 of the Scheme, a Policy may not be used to vary a requirement of the Scheme or the Western Australian Planning Commission’s Residential Design Codes.

A detailed review of Local Planning Policy 6.1.18 has identified the following issues that have been addressed by the draft amended policy provisions:

Landscaping within Industrial Zone

The provisions of the current policy identify that a minimum of 10% of a site is required to be landscaped in association with a Commercial, Industrial or other similar development.

In accordance with clause 5.13.2 of the Scheme, “Development in the Industry Zone shall provide a 2 metre wide landscaping strip to the lots street frontage(s) (excluding any accessways). Where the above mentioned landscaping strip is not considered necessary by the local government, 5 percent of the site is to be landscaping in a position to the satisfaction of the local government.” The current policy provision is therefore in conflict with the Scheme and requires modification to reflect a requirement for 5% landscaping only.

Plant Selection and Sightlines

A specific requirement has been included in the draft policy to ensure that the selection of shrubs within car parking areas shall take into account sightlines in an around car parking areas and the associated vehicle accessways.

Reticulation

The current policy advocates the stringent use of water for reticulation purposes, advising that Council will generally only expect to see reticulation in place for the two summers of plant growth. Whilst the use of water wise plants and other methods to reduce potential water consumption are supported, this must be balance with the need to achieve a high level of amenity.

In order to achieve a higher level of amenity, the draft amended policy includes a requirement for reticulation to be installed and maintained, unless the applicant can provide adequate justification that reticulation is not necessary. The use of water sensitive design, low water use plants and application of mulch to specified depths is also prescribed within the draft amended policy.

Endorsement of the draft amended Policy is recommended in order that the Policy may be advertised for public comment over a minimum period of 21 days, in accordance with clause 2.4 of the Scheme. A further report will be prepared for Council consideration following the close of advertising, requesting Council to consider adopting the policy in light of any submissions that may be received.

STATUTORY ENVIRONMENT:

Shire of Manjimup’s Local Planning Scheme No. 4

Policy / Strategic Implications:

The draft policy will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2017-2027:

A2. Implement measures to protect and enhance the amenity and diversity of the visual landscape.

Organisational risk management:

Nil

Financial Implications:

The costs of advertising will be met through Statutory Planning’s operational budget.

Sustainability:

Environmental: The draft policy will assist in ensuring new developments and land uses are complimented by high quality waterwise landscaping.

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of Local Planning Scheme No. 4, advertise the draft Local Planning Policy No. 6.1.18 – Landscaping, as contained in attachment 1, for public comment for a period of not less than 21 days, by way of a notice in a newspaper circulating in the Scheme area and the Shire of Manjimup Website; and

2. Await a further report on the draft Local Planning Policy No. 6.1.18 – Landscaping following close of advertising.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27769

That Council:

2. Await a further report on the draft Local Planning Policy No. 6.1.18 – Landscaping following close of advertising.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.6 Proposed Revision of Local Planning Policy 6.1.4 - Advertisements

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	25/03/2019
DECLARATION OF INTEREST:	Nil

Background:

In 2016 the planning policy manual was reviewed and revised policies adopted (Resolution 26877). The review and revision of Local Planning Policy 6.1.4 Advertisements (the Policy) consisted of an update to remove definitions and other matters that were addressed by the Local Planning Scheme No. 4 (the Scheme). No changes to the development standards or requirements were proposed.

APPENDIX: 9.5.6(A)

Policies adopted by Council are generally reviewed every four years to ensure that the Policy remains relevant and in-line with current standards of practice. A further review of the Policy has been completed, identifying several areas with potential for improvement.

The Policy has been reviewed against several local government policies in terms of format, clarity and the desired outcomes for the amenity of the local government area.

Council is requested to consider approving draft Local Planning Policy 6.1.4 – Advertising Devices (Signage and Flags) (draft Policy) for the purpose of advertising it for public comment. A copy of the draft policy is shown attached.

ATTACHMENT: 9.5.6(1)

PUBLIC Consultation Undertaken:

Should Council agree to advertising of the draft Policy, it will be advertised for public comment over a minimum of 21 days.

COMMENT (Includes Options):

The draft Policy has been restructured to address the various forms of advertising and the appropriate scale of advertising in different zone classifications.

The draft Policy states that all advertisements shall comply with the acceptable criteria outlined in either Table 1 or 2, however performance standards are provided to enable an applicant to demonstrate to Council when a proposal does not meet the criteria in the tables.

The provisions of the current policy in relation size and location of advertisements has been replicated where appropriate, and attempts made to provide clearer direction to applicants as to what is considered acceptable and what will not be permitted.

Specific provisions in relation to remote signs were reviewed and remain within the draft Policy to reflect the Strategic Community Plan to regulate road-side signage.

STATUTORY ENVIRONMENT:

Shire of Manjimup’s Local Planning Scheme No. 4

Policy / Strategic Implications:

The draft Policy aims to deliver a number of strategies from the Shire of Manjimup’s Strategic Community Plan such as:

B10. Ensure the regulatory environment is easy to navigate and development, business and industry-friendly.

B12. Provide development opportunities and support local small businesses to thrive

D10 Regulate tourism-based and commercial roadside signage to ensure it is appropriate, well-maintained and does not negatively impact on landscape visual amenity

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

Organisational risk management:

Nil

Financial Implications:

The costs of advertising will be achieved through Statutory Planning’s operational budget.

Sustainability:

Environmental: Nil

Economic: Appropriate signage is required to support the identification of local business throughout the Shire.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of Local Planning Scheme No. 4, advertise the draft Local Planning Policy No. 6.1.4 – Advertising Devices (Signage and Flags), as contained in Attachment 9.5.6(1), for public comment for a period of not less than 21 days, by way of a notice in a newspaper circulating in the Scheme area and the Shire of Manjimup Website; and

2. Await a further report on the draft Local Planning Policy No. 6.1. 4 – Advertising Devices (Signage and Flags), following close of advertising.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27770

That Council:

1. In accordance with Part 2 of Local Planning Scheme No. 4, advertise the draft Local Planning Policy No. 6.1.4 – Advertising Devices (Signage and Flags), as contained in Attachment 9.5.6(1), for public comment for a period of not less than 21 days, by way of a notice in a newspaper circulating in the Scheme area and the Shire of Manjimup Website; and

2. Await a further report on the draft Local Planning Policy No. 6.1. 4 – Advertising Devices (Signage and Flags), following close of advertising.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.7 Delegated Planning Decisions - March 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:	2 April 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 March 2019 is attached.

ATTACHMENT: 9.5.7(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 March 2019, ten (10) 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 March 2018 compared to March 2019:

Table 1: Planning Decisions Made March 2018 and 2019

	March 2018	March 2019
Delegated Decisions	12 ($1,357,776)	10 ($655,435)
Council Decisions	9 ($251,000)	9 ($5,547,500)
Total	21 ($1,608,776)	19 ($6,202,935)

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	98 ($18,473,004)	89 ($8,864,183)
Council Decisions	58 ($9,129,264)	41 ($14,912,300)
Total	156 ($27,602,268)	130 ($23,776,483)

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 March 2019 as shown at Attachment: 9.5.7(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27771

That Council receives the report on Delegated Development Approvals for March 2019 as shown at Attachment: 9.5.7(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.12.1 Proposed Closure of Portion of Unconstructed Road Reserve in the Vicinity of De Campo Road/Pemberton Road North, Eastbrook.

PROPONENT	Robbie Delroy, Delroy Orchards
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Unnamed Road Reserve, Eastbrook
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Works and Services
FILE REFERENCE:	F161439
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Catherine Mills
DATE OF REPORT:	22/03/2019
DECLARATION OF INTEREST:	Nil

Background:

Council has received a request to close a portion of unconstructed road reserve (locally known as Paper Road) in the vicinity of De Campo Road/Pemberton Road North, Eastbrook. The subject portion runs through Lot 9566 Pemberton Road North, Eastbrook, owned by the proponent, segregating Lot 9566 into two parcels of land. It is the proponent’s intent to amalgamate the closed portion of unconstructed road reserve with the two parcels of Lot 9566 ensuring one lot is achieved. The additional land is to construct a dam for irrigation water storage. The unconstructed road reserve currently runs through the proposed dam site. The image below shows the location plan of the unconstructed road reserve in relation to above mentioned roads.

The purpose of this agenda item is to seek Council support for closure of the unconstructed road reserve and to seek approval to go out to public consultation in accordance with the Land Administration Act 1997.

Location Plan

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The proposed road closure does not pose any land lock issues for adjoining property owners in the area provided it is amalgamated as a whole with Lot 9566.

Therefore, it is recommended Council resolve to approve closure of this portion of unconstructed road reserve and subsequent amalgamation into Lot 9566, Pemberton Road North subject to the public consultation period.

If supported, public notice advertising will be required. Direct consultation, via posted letters, with neighbouring property owners and Government Service agencies will also be undertaken.

Should Council receive no objection to the proposal during the public consultation period, this proposed road closure will be forwarded to the Department of Lands for finalisation, hence recommendation three indemnifies the Minister of Lands against any claim for compensation resulting from the proposed road closure.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Closing unnecessary road reserves serves to reduce the overall land management burden on Council. The total approximate area to be closed through this proposal is 18,000m².

Organisational risk management:

Nil. Prior to Council initiating a road closure process, there is an obligation to ensure that the proposal will not result in land lock issues or additional costs being imposed on the Shire. Both have been negated.

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Approve the public consultation of the proposed road reserve closure and amalgamation into Lot 9566 Pemberton Road North, Eastbrook in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

2. Support the closure of the portion of unconstructed road reserve which runs through Lot 9566 Pemberton Road North, Eastbrook and, pending public consultation, forward the request to the Minister for Lands for approval; and

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

4. Be provided with a new agenda report should objections be received as a result of the public consultation.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27772

That Council:

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

4. Be provided with a new agenda report should objections be received as a result of the public consultation.

ADOPTED BY EN BLOC RESOLUTION: 11/0

Councillor Omodei declared an Impartiality Interest in this Item as his son has a business in Brockman Street. Councillor Omodei declared that he would consider this matter on its merits and vote accordingly

ATTACHMENT

9.16.1 Unconfirmed Minutes of Manjimup Town Centre Revitalisation Committee held on 13 March 2019

PROPONENT	Manjimup Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Manjimup Central Business District
WARD:	Central
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170454
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	28 March 2019
DECLARATION OF INTEREST:	Nil

Background:

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

A copy of the unconfirmed minutes relating to the meeting held on 13 March 2019 is shown attached.

ATTACHMENT: 9.16.1(1)

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

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

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

Committee Recommendation		Officer’s Comment
1.	That the minutes of the Manjimup Town Centre Revitalisation Meeting held on 31 October 2018 meeting be confirmed as a true and accurate record of the meeting, subject to: (a) the minutes being updated to reflect the request for committee members to receive the unconfirmed minutes and any plans for discussion at the meeting, a minimum of 10 days prior to the committee meeting.	The draft minutes be amended accordingly.
2.	To be consistent with existing alfresco areas and external shop displays around the town area, alfresco tables and chairs be permitted to be set against the building occupying a maximum width of 1.2m as measured from the building, with all other alfresco to be contained within the designated alfresco area.	Shire Officers will address this matter administratively.
3.	That shire officers be requested to look into alternative products for the bollards to be installed on Brockman Street.	Shire Officers identify traffic bollards using alternative construction materials for consideration of the committee.
4.	That Council be requested to remove Ms Carla Logan from the Manjimup Town Centre Advisory Committee and call for nominations to fill the current vacancy.	The committee recommendation be supported.

The principles to be used for guiding the location and form of Alfresco Dining have been discussed with the Committee on several occasions. Having regard to the form of existing Alfresco Dining and shop displays located within the Manjimup Town Centre, the committee has resolved to support the use of a maximum of 1.2m as measured from the buildings for either shop display or alfresco dining, with all other alfresco dining to be contained within areas specifically identified for alfresco dining.

To ensure that all potential options for traffic bollard design are considered, the committee has requested that Shire Officers look into alternative bollard design and construction materials. Shire Officers are currently identifying a wide range of potential bollard design for the committee’s consideration at their next meeting.

As identified within the unconfirmed minutes, committee member Ms Carla Logan has not been attending the committee meetings. Having regard to the fact that Ms Logan has not attended a committee meeting since her appointment as a community member, it is recommended that the position be declared vacant and expressions of interest be sought to fill the position.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

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

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

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

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

Organisational risk management:

Nil.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Received the unconfirmed minutes of the Manjimup Town Centre Revitalisation Committee meeting held on 13 March 2019 as shown at Attachment: 9.16.1(1);

2. Acknowledges that the minutes of the Manjimup Town Centre Revitalisation Committee meeting held on 31 October 2018 are to be modified to include a statement that Shire Officers have been requested to ensure that the committee agenda, unconfirmed minutes and any plans to be discussed at the meeting are to be forwarded to committee members a minimum of 10 days prior to the scheduled meeting;

3. Requests the Chief Executive Officer to arrange for the preparation of draft design guidelines to guide Shop Displays and Alfresco Dining in Brockman Street, with a maximum of 1.2m of the footpath abutting existing buildings to be used for this purpose, with all other alfresco dining to be wholly contained in identified alfresco dining areas;

4. Pursuant to clause 5.11(2)(b) terminates Ms Carla Logan as community representative on the Manjimup Town Centre Revitalisation Committee and declares the position vacant; and

5. Proceed with seeking expressions of interest to fullfill the community representative position on the Manjimup Town Centre Revitalisation Committee referred to in point 4 above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

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That Council:

1. Received the unconfirmed minutes of the Manjimup Town Centre Revitalisation Committee meeting held on 13 March 2019 as shown at Attachment: 9.16.1(1);

4. Pursuant to clause 5.11(2)(b) terminates Ms Carla Logan as community representative on the Manjimup Town Centre Revitalisation Committee and declares the position vacant; and

5. Proceed with seeking expressions of interest to fulfil the community representative position on the Manjimup Town Centre Revitalisation Committee referred to in point 4 above.

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.1.1 2019 Shire of Manjimup Ordinary Election: Determination of Method and Conduct of Election

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	All
ZONE:	AllEnter text
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F180197
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	2/04/2019
DECLARATION OF INTEREST:	Nil

Background:

The 2019 Shire of Manjimup ordinary election is to be held on Saturday 19 October 2019 whereby the following five Councillor vacancies arise:

Ward	Current sitting Councillor
Central	Cr Daubney
Central	Cr Jenkins
Central	Cr Taylor
North	Cr Skoss
West	Cr Herbert

The Local Government Act 1995 makes provision for Council to appoint the Western Australian Electoral Commissioner (“WAEC”) to conduct postal elections on behalf of the Shire of Manjimup in lieu of “in person” elections conducted by the Shire of Manjimup where the Chief Executive Officer acting as Returning Officer for the election. Any decision to appoint WAEC must be made before 30 July 2019 and must be by absolute majority of Council.

For planning and resourcing purposes, WAEC has recently been in contact to determine whether they will be conducting the 2019 Shire of Manjimup ordinary election and the purpose of this report is for Council to give this matter due consideration.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Up until the ordinary Local Government election in 2017, Council has supported “in person” elections despite multiple previous recommendations from the Shire administration to shift to postal elections conducted by WAEC in an endeavour to increase voter participation levels. In 2018 an extraordinary election was also held for a vacancy in the North Ward and this was also conducted by WAEC.

Postal Election

Process

Under the WAEC postal election system, a package containing information about postal voting, the candidates’ profiles, a ballot paper and reply paid envelope is sent out to all eligible electors ahead of polling day who then complete the ballot paper and return it either by mail or hand delivery to the Shire of Manjimup’s Administration Centre.

Postal voting elections have the significant advantage, particularly for people with a disability, elderly voters and those without access to transport, of providing the candidates profiles to every elector who can then cast an informed vote at their convenience and arrange for its delivery.

(Note: postal voting packages for an “in person” election conducted by the Shire of Manjimup, where eligible electors receive a postal voting package upon specific request, should not be confused with a postal election conducted by WAEC where every eligible elector receives a postal voting package).

Voter participation

The 2017 Shire of Manjimup ordinary election conducted by WAEC resulted in three contested and two uncontested Wards. In the Coastal and South Wards Councillors Eiby and Tapley were elected unopposed. In the Central Ward two positions were available being filled by Councillors Omodei and Salomone from seven candidates. One West Ward position was filled by Councillor Ventris from two candidates and one East Ward position was filled by Councillor Winfield from three candidates.

The change by the Shire of Manjimup to a WAEC postal election in the 2017 ordinary election resulted in an average voter turnout of 55.2% across the three contested Wards. This result was significantly higher than the 2017 postal voting state average for metropolitan areas of 33% and country areas of 39.6%.

The 2018 extraordinary election in the North Ward resulting from the resignation of Cr Bavich produced a voter turnout of 50% with Cr Skoss being elected until 19 October 2019 from five candidates.

Ward	WAEC Postal Election	Participation Level
Central	2017 Ordinary election	50.0%
Coastal	2017 Not contested
West	2017 Ordinary election	62.8%
North	2018 Extraordinary election 2017 No Vacancy	50.0%
East	2017 Ordinary election	45.5%
South	2017 Not contested

Cost

In 2017 the cost of the ordinary election was $29,696 (ex GST) for the five Wards with three contested Ward elections conducted by WAEC via postal voting. In 2018 the cost of the extraordinary election was $8,439 (ex GST) with the one contested Ward election conducted by WAEC via postal voting.

WAEC have estimated that the 2019 extraordinary election for the Central, North and West Wards would cost $30,061 (ex GST) to conduct a postal election on the following basis:

· 4850 electors;

· Projected response rate of 55%;

· Count to be conducted at the Shire of Manjimup offices (ie. no building hire charges applicable);

· Appointment of a local (non-Shire) Returning Officer; and

· Australia Post Priority Service for ballot return.

The quote excludes:

· Non statutory advertising;

· One Shire of Manjimup staff member to assist the Returning Officer; and

· Any legal expense incurred by WAEC in the Court of Disputed Returns (only if required).

“In Person” Election

Process

An “in person” election requires eligible electors to attend a polling place generally on the day of the election, although there is provision for early voting or postal voting.

“In person” elections have the advantage that potential candidates can discuss their attitude / position on various matters with those participating voters who present at the polling place on the day.

Voter Participation

Voter participation for Shire of Manjimup elections varies depending on the respective Ward however in the last decade, with the exception of the Coastal Ward, participation levels are consistently much lower than those achieved through WAEC postal elections in other Local Government districts, including the Shire of Manjimup in 2017 and 2018 where WAEC conducted a postal election.

Ward	“In person” Election	Participation Level
Central	2015 Ordinary election 2013 Ordinary election 2011 Not contested 2010 Extraordinary election 2009 Ordinary election 2007 Extraordinary election 2005 Ordinary election 2001 Ordinary election 2000 Extraordinary election	16.3% 19.8% n/a 9.3% 17.4% 13.3% 16.3% 17.5% 9.2%
Coastal	2015 No vacancy 2014 Extraordinary election 2013 Not contested 2011 No vacancies 2009 Ordinary election 2007 Ordinary election 2001 Ordinary election	n/a 53.7% n/a n/a 60.8% 52.2% 70.5%
West	2015 Not contested 2013 Not contested 2011 Ordinary election 2009 Ordinary election 2007 Ordinary election 2001 Ordinary election 1999 Ordinary election	n/a n/a 24.1% 26.7% 25.4% 44.3% 30.8%
North	2015 Not contested 2013 No vacancy 2011 Not contested 2007 Not contested 2003 Ordinary election	n/a n/a n/a n/a 20.9%
East	2015 No vacancy 2013 Not contested 2011 No vacancy 2009 Not contested 2005 Not contested 2001 Ordinary election	n/a n/a n/a n/a n/a 22.9%
South	Not contested for some time	n/a

Cost

The cost of previous “in person” elections conducted by the Shire of Manjimup are summarised in the table below:

Year	Cost (ex GST)
2015 ordinary (1 contested ward)	$4,819
2014 extraordinary (1 contested ward)	$5,637
2013 ordinary (1 contested ward)	$6,674
2011 ordinary (1 contested ward)	$6,338
2009 ordinary (3 contested wards)	$12,227

It is estimated that the cost of conducting an “in person” 2019 Shire of Manjimup ordinary election with three contested Wards would be in the order of $14,000 (ex GST).

Conclusion

The evidence presented indicates that WAEC conducted postal elections result in a significantly higher voter participation than “in person” elections however a postal election is typically more expensive. Ultimately it is for Council to decide on the method of voting however, it is considered that WAEC postal election will realise the most representative method of conducting an election and this is the option recommended to Council for the 2019 Shire of Manjimup ordinary election.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and subsidiary regulations specify the method and conduct required for Local Government elections.

Policy / Strategic Implications:

The average voter turnout of 55.2% in the 2017 ordinary election and voter turnout of 50% in the 2018 extraordinary election conducted by WAEC using the postal voting method compared to previous “in person” election voter turnout in the Shire of Manjimup are very clear grounds for Council to continue with the postal election approach with WAEC.

Financial Implications:

The estimated maximum cost for WAEC postal election is $30,061 (ex GST) compared to $14,000 (ex GST) for “in person” voting under if all three Wards are contested. This expenditure will be required to be included in the 2019/20 annual budget.

It should be noted that in an “in person” election the Chief Executive Officer plays a very significant role in the election as the Returning Officer and the cost of doing this is not reported as direct expenditure but is absorbed into existing operational accounts.

Sustainability:

Environmental: Nil

Economic: “In person” elections are considered to be more economical than WAEC postal elections.

Social: WAEC “postal” election is statistically proven to result in greater elector participation levels.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1) Declare, in accordance with s.4.20(4) of the Local Government Act 1995, the Western Australian Electoral Commissioner to be responsible for the conduct of the 2019 Shire of Manjimup ordinary election together with any other elections or polls which may be required; and

2) Determine, in accordance with s.4.61(2) of the Local Government Act 1995, that the method of conducting the 2019 Shire of Manjimup ordinary election will be as a postal election.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Eiby, W

27775

That Council:

2) Determine, in accordance with s.4.61(2) of the Local Government Act 1995, that the method of conducting the 2019 Shire of Manjimup ordinary election will be as a postal election.

CARRIED: 11/0

ATTACHMENT

APPENDIX

9.5.2 Proposed Revision of Local Planning Policy Provisions Relating to Dams

PROPONENT	N/A
OWNER	Various
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	All
ZONE:	All
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F161518
LEGISLATION:	Planning & Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	10 March 2019
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held on 8 December 2016, Council adopted a revised Local Planning Policy Manual. As part of that manual, Council adopted Local Planning Policy (LPP) 6.1.11 relating to Rural Land Use, which included guidelines for dam setbacks. A copy of the current adopted LPP No 6.1.11 is shown at Appendix: 9.5.2(A)

APPENDIX: 9.5.2(A)

At its Ordinary Meeting held on 14 June 2018 Council was requested to consider revising Local Planning Policy provisions relating to Dams. Council resolved not to support the officers recommendation, alternatively resolving to direct the Chief Executive Officer to defer consideration pending further research and the conduct of a workshop to provide strategic direction to Shire Officers, enabling a further revision of the Local Planning Policy provisions.

With the further research completed, a workshop was held with Council on 18 October 2018. A copy of the workshop paper is shown at Attachment: 9.5.2(1). At the conclusion of the workshop, Shire Officers undertook to complete a further review of the draft policy to introduce a risk based assessment in liaising with a suitably qualified consultant.

ATTACHMENT: 9.5.2(1)

As elected members would be aware the issues of drainage and construction standard are common considerations when determining applications for dams, particularly those involving a relaxation of setbacks to other private property or Shire road reserves. Council is now requested to consider endorsing a standalone Local Planning Policy for Dams to ensure all matters relating to dams are addressed. A copy of a draft Policy is shown attached.

ATTACHMENT: 9.5.2(2)

By way of summary the draft policy has been prepared to ensure that the level of information provided by an applicant is commensurate with the potential risks associated with the dam construction. For low risk dams, it is proposed that Engineering Certification not be required. It is recommended that a designs certified by a structural engineer be required for forms of construction that would pose a larger potential risk (i.e. large on stream dams).

By excising the provisions relating to dams from LPP No 6.1.11, there is also a need to revise the current provisions of that Policy. A copy of a revised draft policy, excluding the current provisions relating to dams is also shown attached.

ATTACHMENT: 9.5.2(3)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The construction of dams is regulated by various legislation including:

· Applications to take water with the Department of Water;

· Interference with the Beds and Banks of Water Courses;

· Clearing permits under the Environmental Protection Act; and

· Where applicable, planning approval process under Local Planning Schemes.

The Role of the Department of Water (DoW)

In accordance with the Rights in Water and Irrigation Act 1914, DoW is the primary agency for assessing applications to use and control water at any time in relation to a watercourse, wetland or underground water course.

Rights in Water and Irrigation Act 1914

Clause 3(1) of the Act defines a watercourse as follows:

(a) any river, creek, stream or brook in which water flows:

(b) any collection of water (including a reservoir) into, through or out of which any thing coming within paragraph (a) flows;

(c) any place where water flows that is prescribed by local by-laws to be a watercourse,

any includes the bed and backs of any thin referred to in paragraph (a), (b) or (c).

Clause 3(2) of the Act qualifies that clause 3(1) includes any watercourse where flows are intermittent or occasional, or where a natural collection of water has been artificially improved or altered.

Rights in Water and Irrigation Regulations 2000

Clause 7 (3) of the Rights in Water and Irrigation Regulations 2000 states that in determining an application for a Dam, the Minister is not to have regard to the “safety of:-

(a) the design; or

(b) method of construction, or operation of the works, or action, that would be authorized by the permit.

On this basis DoW has no responsibility in assessing the structural integrity of dam construction or the associated spillway construction or maintenance.

Dam Construction Guidelines

Whilst DoW has no role in assessing the structural integrity issues etc, it has over the years released several guidelines on Dam Construction, the latest of which is Water Quality Protection Note No 53 – relating to Dam construction and operation in rural areas.

Role of Local Government

Where planning approval is required under a Local Planning Scheme, Local Governments are required to assess the application against the scheme requirements. The requirements relating to Dams vary from Local Government to Local Government.

In the case of the Shire of Manjimup, prior planning approval is required under the following circumstances:

a) Where a relaxation of the 20m setback requirements is sought within the Priority Agriculture or General Agriculture Zone; and

b) Where the dam(s) are proposed in any other zone under LPS No 4, whether involving a relaxation of setbacks or not.

In determining applications for planning approval, clause 10.2 of LPS No 4 outlines that the local government must have regard to various matters, including but not limited to:

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

(vi) The local government’s adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4, any Heritage Policy Statement for a designated Heritage Area adopted under Clause 7.2.2, and any other plan or guideline adopted by the local government under the Scheme;

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

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

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

(xxiv) whether the proposal is likely to cause soil erosion or land degradation;

(xxvi) any relevant submissions received on the application;

(xxvii) the comments or submissions received from any authority consulted under Clause 10.1.

Local Planning Policy

Council may adopt a Local Planning Policy to guide how the requirements for applications relating to dams, the considerations and processes to be followed. A stand alone Local Planning Policy relating to Dams within the Shire is recommended so as to ensure a consistent standard of application and standardisation of the planning approval process.

STATUTORY ENVIRONMENT:

Local Planning Policies prepared in accordance with Part 2.2 of LPS No 4 are required to be advertised for public comment over a period of not less than 14 days.

To ensure that members of the public are given an appropriate amount of time to consider the new draft policies, it is recommended that advertising occur over a 21 day period.

Policy / Strategic Implications:

The provisions of Local Planning Scheme No 4 require that where a development approval is required, Council must have regard to the risks associated with the construction.

The new draft policy ensures that the level of information provided by an applicant will be sufficient to ensure that the potential risks (i.e. dam burst) may be adequately assessed by Council.

Organisational risk management:

Nil.

Financial Implications:

The cost of advertising the proposed Local Planning Policies will be contained within the 2018/19 annual budget as adopted by Council.

Sustainability:

Environmental: The environmental impacts associated with dams through the interference with beds and banks of water bodies and/or the clearing of vegetation is assessed by the Department of Water, Environment and Regulation.

Economic: Dams and the source of water they provide for irrigation underpin the viability of agricultural activities within the Shire.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1) adopt draft Local Planning Policy No 6.1.20 – Dams, as shown at Attachment: 9.5.2(1) for the purposes of advertising in accordance with Part 2 of Local Planning Scheme No 4;

2) adopt revised draft Local Planning Policy No 6.1.11 – Rural Land Use, as shown at Attachment: 9.5.2(2) for the purposes of advertising in accordance with Part 2 of Local Planning Scheme No 4;

3) await a further report on the draft policy following the close of advertising.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Herbert, V

27776

That Council:

1) adopt draft Local Planning Policy No 6.1.20 – Dams, as shown at Attachment: 9.5.2(1) for the purposes of advertising in accordance with Part 2 of Local Planning Scheme No 4;

2) adopt revised draft Local Planning Policy No 6.1.11 – Rural Land Use, as shown at Attachment: 9.5.2(2) for the purposes of advertising in accordance with Part 2 of Local Planning Scheme No 4;

3) await a further report on the draft policy following the close of advertising.

4) Request the Chief Executive Officer to engage with Warren Donnelly Advisory Committee within the 21 day advertising period.

CARRIED: 11/0

ATTACHMENT

9.5.3 Retrospective Application for Animal Husbandry - Intensive and Associated Buildings at Lot 31 (88) Richardson Road, Northcliffe

PROPONENT	Keith Skippings
OWNER	Mr G R Skippings
LOCATION / ADDRESS:	Lot 31 (88) Richardson Road, Northcliffe
WARD:	Coastal
ZONE:	Rural Small Holdings
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/15 & P57769
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	28 March 2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for retrospective approval to Animal Husbandry (calf rearing) at Lot 31 (88) Richardson Road, Northcliffe. The application relates to the land use and several outbuildings that were constructed without approval. Plans showing the property and an exploded view detailing the existing development is shown below.

LOCATION PLANS

The subject lot is a narrow, 15.6 hectare property. An approved building envelope with an area of 7000m² is setback 20 metres from the front and side boundaries and approximately 1 kilometre from the rear boundary. A Western Power easement is located along the front boundary of the property, whilst a Right of Way, vested with the Crown is located at the rear.

As a result of Shire employees identifying that unauthorised development (structures and use) had commenced on the property in association with what appeared to be a cattle feedlot, the landowners were contacted and encouraged to make application. Details of the application are attached.

ATTACHMENT: 9.5.3(1)

Subsequent to receipt of that application, an inspection of the property identified that the land was also being used for the keeping of pigs and that it appeared an outbuilding approved in 2013 was being used for accommodation. Further information regarding the proposal and the unapproved buildings is provided within the comment section below.

The application is referred to Council for determination as Shire officers do not have the delegated authority to determine an application for Animal Husbandry or applications that are retrospective in nature.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) for a 21 day period by:

a) a sign erected on site;

b) advertisement in the local newspaper;

c) correspondence to all adjoining landowners within 500 metres of the property and the Ward Councillor;

The application was also referred to the Department of Biodiversity, Conservation and Attractions (DBCA), Department of Water and Environmental Regulation (DWER) and the Department of Primary Industries and Regional Development (DPIRD).

At the close of the submission period (27 February 2019), a total of ten submissions were received. Whilst a summary of the submissions received is shown attached, a full copy of the submissions can be made available to elected members on request.

ATTACHMENT: 9.5.3(2)

COMMENT (Includes Options):

The provisions of the Local Planning Scheme No. 4 (the Scheme) includes the subject land within the Rural Small Holdings zone. As outlined in Clause 4.7.1 of the Scheme “The purpose of the zone is to provide rural lifestyle opportunities in strategic locations consistent and compatible with adjacent land use activity, landscape and environmental attributes of the land.”

The local government’s objectives in managing and guiding land use, development and subdivision include the encouragement of a range of rural and semi-rural pursuits on cleared land where part-time or full time income may be generated.

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

Summary of Land Use

As detailed by the applicant, the property is being used to rear an average of up to 90 calves on milk and grain at any one time, with a total of 442 calves in a 12 month period. No processing of animals is occurring on the property.

As shown at Attachment: 9.5.3(1), the activity involves the use of eight stock yards together with five (5) outbuildings, which are used to provide the animals shelter during inclement weather. A search of Council records indicates that all five outbuildings were constructed without the Shires prior planning approval and without building permits. These buildings, as shown on the submitted site plan, are summarised as follows:

Element	Size (m)	Area (sqm)
Shed A	9.9x17.7	175.23
Shed B	12x4.5	54
Shed C	12x4.5	54
Shed D	12x4.5	54
Shed E	12.3x7	77
Total		414.23

Land Use Classification

The proposed use is consistent with the land use classification of “Animal Husbandry – Intensive” (feedlot) which the Scheme defines as “premises used for keeping, rearing or fattening of pigs, poultry (for either egg or meat production), rabbits (for either meat or fur production) and other livestock feedlots.“ This definition is therefore applicable to both the proposed use and the keeping and rearing of pigs as observed during inspection of the property.

The land use “Animal Husbandry – Intensive” is an ‘A’ use within the Rural Small Holdings zone that is a use that is “not permitted unless the local government has exercised its discretion by granting approval after special notice in accordance with Clause 9.6.” Advertising of the proposal for public comment has been completed in accordance with the requirements of clause 9.6 of the Scheme.

Given that the land use commenced without the Shires approval in place, the activity has been operating in breach of the Scheme requirements.

Consistency with Zoning

Whilst the proposed Animal Husbandry – Intensive is considered to meet the objectives of the zone by providing an income to the landowner from a rural activity, the use may not be compatible with “adjacent land use activity, landscape and environmental attributes of the land” as stated in the zone purpose.

This is discussed further under the headings of Land Use Buffers and Land Use Capability below.

Land Use Buffer

In accordance with Environmental Protection Authority guidelines, it is recommended that a buffer of 1,000 to 2,000 metres should be provided between an animal feedlot and a sensitive land use such as a dwelling. Where a lesser distance is proposed, the guidelines recommend that “a scientific study based on site- and industry specific information must be presented to demonstrate that a lesser distance will not result in unacceptable impacts.”

In this case it is noted that as a result of the narrow nature and relatively small size of the property, it is simply not possible to contain potential impacts such as odour. It is also noted that numerous other privately owned properties are located within 500m of the property. Some of these properties have been developed, although many are yet to be developed with a dwelling. It is also noted that the western edge of the Northcliffe Townsite within a kilometre of the site.

Although no complaints have been received regarding the operation to date, there is a strong potential for land use conflict to occur through potential property sales and/or development of other dwellings in relatively close proximity to the activity. For this reason it is considered that operation of Animal Husbandry (feedlot) on the property should not be supported in the longer term.

Amenity

A neighbouring landowner has expressed concern over the potential for a “bad precedent” to be set for small rural holdings in the Shire. The author of that submission also raised concern in relation to odour and the disposal of deceased animals on the subject property.

The matter was investigated and found to be a valid complaint. The applicant was instructed by the Shire’s Principal Environmental Health Officer to cease the practice and dispose of any carcass in an acceptable and approved manner.

Land Use Capability

As the subject property contains a watercourse and environmentally sensitive area the proposal was referred to DWER and DBCA for comment.

DWER has provided comments with regards to the proximity of the feedlot pens to the minor non-perennial waterway that feeds into the Gardner River. The pens do not meet the 50 metre separation as outlined in Table 3 – Environmental Code of Practice Guidelines – Minimum separation distances and there for management measures for surface water protection were recommended as part of any approvals.

Although DPIRD has not raised concerns with regards to the animal welfare of the feedlot, concerns have been raised regarding the proximity of the feeding pens to the waterway and the potential nutrient contamination given the pens do not have a compacted surface. DPIRD advises that there is not the means to regularly remove excess manure from the feeding pens.

Should Council wish to approve the land use on the subject property it is recommended that a condition be imposed requiring a drainage and nutrient management plan to be prepared and approved within three months of the approval. Until such time as such a plan has been prepared and implemented, it is strong recommended that the use of the three most eastern stock yards, which are located within 50m of the waterway, should be required to cease.

Policy

The application has been assessed against the feedlot provisions of Local Planning Policy 6.1.11 Rural Land Use (the Policy). The applicant has not provided information in relation to the potential effects on dust and odour and seeks to vary the general two (2) kilometre setback requirement to nearby residential development. The feeding pens are located within 250 metres of neighbouring residential developments.

Other Unauthorised Land Uses

As detailed within the comment section above, inspection of the property as part of the application assessment process identified that in addition to the unauthorised animal husbandry, it appeared that an outbuilding approved in 2013 may be being used for human habitation.

Furthermore it was identified that the applicants are keeping pigs on the property, which constitute an offensive trade under the Shire of Manjimup Health Local Laws. Council’s prior approval is required for an offensive trade, but has not been sought on this occasion. These matters are the subject of a separate agenda item detailing the potential for action to be taken in respect of the unauthorised development and land use.

Conclusion

The land has environmentally sensitive attributes in the form of a watercourse traversing the land. Given the close proximity of the activity to this water course, there is a strong potential for nutrients to be exported from the site, entering the Gardner River, it is recommended that the applicant be required to cease use of the three most eastern stock yards as soon as possible.

Due to the narrow shape of the lot, it is not possible for appropriate land use buffers to be established within the property. Given the proximity to existing and future dwellings in the area and the fact the property is located within 1km of townsite, the use of the property for Animal Husbandry – Intensive there is a high likelihood that the use will result in future land use conflict.

Given the support received from the community and the confidence from DPIRD that the animals are being managed appropriately, the business should be encouraged to relocate to a more suitable property through the option of a time-limited approval.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Shire of Manjimup Local Planning Scheme No. 4

Local Planning Policy 6.1.11 – Rural Land Use

Policy / Strategic Implications:

The recommendation of a time-limited approval aligns with the following strategies from the Strategic Community Plan:

A7. Implement controls to protect air and water quality.

A8. Effectively use development and land policies to protect and rehabilitate the environment whilst balancing the needs of the community

A10. Encourage all aspects of sustainable farming and agriculture.

C15. Manage domestic animals and livestock to ensure the safety of both the animal and the community.

C16. Manage environmental health risks in the community

Organisational risk management:

Nil.

Financial Implications:

The applicant has paid the retrospective fee for the application.

Sustainability:

Environmental: The proposal has the potential to create offsite environmental impacts that may affect neighbouring properties, water quality and soil nutrients.

Economic: A time-limited approval will enable the business operator to seek appropriate land to relocate the development. A second approval would be required.

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 a time-limited planning approval for an Animal Husbandry – intensive at Lot 31 (88) Richardson Road, Northcliffe (Application TP 2019/14) in accordance with the plans and specifications attached at 9.5.3(1) and subject to the following conditions and advice:

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

Reference	Title	Date Received
1 of 11	Site Plan	17 January 2019
2 of 11	Site Detail 1	17 January 2019
3 of 11	Site Detail 2	17 January 2019
4 of 11	Shed A Floor Plan & Elevations	17 January 2019
5 of 11	Shed A Sections	17 January 2019
7 of 11	Shed B,C,D Floor Plan & Sections	17 January 2019
8 of 11	Shed E Floor Plan & Sections	17 January 2019
Email	Stocking rate	7 February 2019
Email	Further information	28 February 2019

2) Notwithstanding condition No 1 above, the use of the three most eastern stock yards is required to cease within 30 days of this approval in order to limit the potential for nutrients to enter the waterway traversing the property.

3) Animal stocking rates are not to exceed those determined by the application of the Department of Primary Industry and Regional Development Stocking Rate Guidelines.

4) This development approval is granted for a 12 month period only after the expiration of which period the use shall cease.

Advice to Applicant:

a) With regards to condition 4) the Shire of Manjimup advises that the subject land is not suitable for the operation of an animal feedlot, but is granting a period of 12 months for the current activities to be removed from site.

b) Further to Advice Note (a) above, the applicant is requested to liaise with the Shire of Manjimup to ensure that all necessary approvals are obtained for a new location prior to commencement of the activity.

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

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Eiby, W

27777

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

Reference	Title	Date Received
1 of 11	Site Plan	17 January 2019
2 of 11	Site Detail 1	17 January 2019
3 of 11	Site Detail 2	17 January 2019
4 of 11	Shed A Floor Plan & Elevations	17 January 2019
5 of 11	Shed A Sections	17 January 2019
7 of 11	Shed B,C,D Floor Plan & Sections	17 January 2019
8 of 11	Shed E Floor Plan & Sections	17 January 2019
Email	Stocking rate	7 February 2019
Email	Further information	28 February 2019

3) Animal stocking rates are not to exceed those determined by the application of the Department of Primary Industry and Regional Development Stocking Rate Guidelines.

4) This development approval is granted for a 24 month period only after the expiration of which period the use shall cease.

Advice to Applicant:

a) With regards to condition 4) the Shire of Manjimup advises that the subject land is not suitable for the operation of an animal feedlot, but is granting a period of 24 months for the current activities to be removed from site.

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

CARRIED: 11/0

9.5.4 Potential for Legal Action - Unauthorised Land Use and Development at Lot 31 (88) Richardson Road, Northcliffe

PROPONENT	N/A
OWNER	Mr G R Skippings
LOCATION / ADDRESS:	Lot 31 (88) Richardson Road, Northcliffe
WARD:	Coastal
ZONE:	Rural Small Holdings
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P57769
LEGISLATION:	Planning and Development Act 2005 Shire of Manjimup Health Local Laws Building Act 2011
AUTHOR:	Brian Robinson
DATE OF REPORT:	3/04/2019
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a 15.6ha property located on the northern side of Richardson Road, just under 1km west of the Northcliffe Townsite. A location plan and exploded view detailing the location of the existing developments on site is shown below.

LOCATION PLAN

An application relating to a proposed Animal –Husbandry Intensive (Feedlot) is the subject of item 9.5.3 of this agenda.

The purpose of this agenda item is to request that Council consider taking action for a number of activities and developments that have occurred on the property without the necessary approvals having been obtained. Details of these activities are provided in the comment section below.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The unauthorised operation of the existing Animal Husbandry and the associated outbuildings first came to the attention of Shire Officers after it was identified through aerial photography that a number of structures had been built and stockyards established.

Subsequent to the receipt of the application for planning approval, being the subject of item 9.5.3 of this agenda, a site inspection was completed as part of the development assessment process. As a result, it was confirmed that the following development and activities had commenced without the prior approval of Council:

Animal Husbandry

The applicant had construction of five (5) outbuildings, used for animal shelter and eight (8) associated stockyards for use as a cattle feedlot.

Given the provisions of Local Planning Scheme No 4 (LPS No 4) include the subject land within the Small Rural Holdings Zone, “Animal Husbandry – Intensive” is an “A” use on the property. That is a use which is “not permitted unless the local government has exercised its discretion by granting approval after special notice in accordance with Clause 9.6.”

The activity and the associated outbuildings have therefore been established contrary to the requirements of LPS No 4. This a breach of the Scheme for which legal action may be taken.

It should however be noted that if Council supports the officer recommendation in respect of item 9.5.3, the applicant will essentially be required to relocate the activity to a more appropriate property, once a prior planning approval has been obtained. It is anticipated that the applicant will incur significant expenses associated with removal of the existing outbuildings and relocation of the activity.

Unauthorised Construction

In addition to the applicant failing to apply for prior planning approval for the animal husbandry activity, they also failed to obtain the required building permits for the outbuildings in accordance with the Building Act 2011.

Whilst removal of the outbuildings may rectify this situation, the fact that five substantial buildings have been erected on-site without building permits represents a serious breach of the Building Act 2011.

Offensive Trade

The keeping of pigs within the Shire is classified as an “Offensive Trade” under the Shire of Manjimup Health Local Laws 1998. As prescribed within Part 10 of the Health Local Laws, a detailed application and approval process must be followed prior to establishing an Offensive Trade.

As the Offensive Trade commenced without the required approvals, the activity represents a breach of the Health Local Laws, for which penalties may apply.

Unauthorised Habitation of Outbuilding

An outbuilding of 128m² was approved in 2013 to be located within the approved building envelope on the basis that a dwelling was being designed. A condition was imposed to stated that the outbuilding was not to be used for human habitation.

During inspection of the property it appeared that an extension had been completed to the outbuilding, without approval, and the building appeared to be used for accommodation purposes.

No dwelling has been approved or constructed on the property. Other structures on the property and extensions to the approved shed has not received approvals.

It is recommended that as a minimum the applicant be directed to cease use of the outbuilding for habitable purposes. Should the applicant fail to comply with this direction, it is recommended that legal action be commenced for a beach of the 2013 planning approval.

Conclusion

The combination of compliance matters on the property has triggered a recommendation to initiate legal proceedings against the landowner in respect to planning, building and health compliance.

The costs associated with relocating the feedlot activity to another property, subject to the necessary approvals being obtained, will represent a significant cost to the applicant. Provided that relocation of the activity and associated infrastructure occurs within a 12 month period, no further action is recommended.

The above said, the construction of five (5) substantial outbuildings without approval represents a serious breach of the Building Act 2011. Legal action is therefore recommended.

With respect to the unauthorised offensive trade, it is recommended that the applicant be required to obtain the necessary approvals within a period of three (3) months. Legal action is recommended should the applicant fail obtain these approvals or remove the pigs from the property within this time frame.

Finally it is recommended that the applicant be directed to cease use of the outbuilding for habitable purposes within 21 days. Should the applicant fail to adhere to this direction, it is recommended that the legal action be commenced for a breach of the conditions of approval which stipulated that the outbuilding was not to be used for this purpose.

STATUTORY ENVIRONMENT:

Unauthorised activities and development on the property is subject to the requirements of the Planning and Development Act 2005, Building Act 2011 and Shire of Manjimup Health Local Laws 1998.

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

All costs associated with any legal action will be expended from the Shire’s adopted 2018/19 Annual Budget. Should legal action proceed, the shire will seek a court order for re-imbursement of these costs.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, in respect of the unauthorised activities and development on Lot 31 (88) Richardson Street, Northcliffe:

1. Take no further action in respect of the unauthorised Animal Husbandry – Intensive (Feedlot) provided that the activity has ceased and relocated to an alternative property for prior planning approval is obtained within a prior of 12 months;

2. Authorise the Chief Executive Officer to proceed with legal action against the owners of the land for the construction of five (5) substantial outbuildings without having first obtained the required Building Permit pursuant to the Building Code of Australia;

3. Take no further action in respect of the unauthorised keeping of pigs, being an offensive trade as prescribed by the Shire of Manjimup Health Local Laws 1998, provided that all necessary approvals obtained, or the pigs are removed from the property within three (3) months of the date of this decision; and

4. Take no further action in respect of the unauthorised use of an outbuilding for human habitation, provided that the use ceases within a period of 21 days from the date of this decision.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27778

That Council, in respect of the unauthorised activities and development on Lot 31 (88) Richardson Street, Northcliffe:

4. Take no further action in respect of the unauthorised use of an outbuilding for human habitation, provided that the use ceases within a period of 21 days from the date of this decision.

MOTION lost 5/6

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

ATTACHMENT

9.5.5 Proposed Amendment to Local Planning Scheme No. 4 to Introduce Additional Use (Rehabilitation Centre) at Lot 1 (21) Roberts Road, Yeagarup

PROPONENT	Planning Solutions
OWNER	M C & Mrs S M Zalokar
LOCATION / ADDRESS:	Lot 1 (21) Roberts Road, Yeagarup
WARD:	West Ward
ZONE:	Tourist Enterprise
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/51 P55491
LEGISLATION:	Planning and Development Act2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	21 March 2019
DECLARATION OF INTEREST:	Nil

Background:

The subject site is located at the corner of Roberts Road and Pemberton-Northcliffe Road and is 5km from the Pemberton Town Centre. The site is 7.44ha and contains an existing tourist facility known as Pemberton Breakaway Cottages which consists of six chalets, a building used for a restaurant for 60 persons, shop and kitchen (Foragers) and a dwelling used by the manager. The site is bound by State forest to the South, West and East and land zoned for General Agriculture to the North.

A location plan is provided below, whilst an aerial photograph of the site is shown attached.

ATTACHMENT: 9.5.5(1)

LOCATION PLAN

Council was previously requested to consider an application for a “Drug and Alcohol Rehabilitation Centre on the property. At its meeting on 18 October 2018 (27589), Council resolved to refuse the application as follows:

“That Council, in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4, REFUSE the development approval for a Change of Use from a Holiday Accommodation (Chalets) to a Use Not Listed (Health Centre) at Lot 1 (21) Roberts Road, Yeagarup for the following reason:

1. The proposed Change of Use is determined to not be consistent with the objectives of the Tourist Enterprise zone and is therefore not permitted. The land use cannot reasonably be determined as falling within any tourist or recreation related activity in the Shire of Manjimup Local Planning Scheme No.4 and does not meet the following Objectives of the Zone:

(i) encourage the development of the zone as one of the focal points for tourist/visitor related activities within the identified area or town while not compromising the visual and landscape qualities of the area;

(ii) make provision for a variety of tourist related land use activities, including chalets, guesthouses, motels, lodges, caravan parks, camping areas and bed and breakfast accommodation and associated cottage industries in locations in close proximity to services and areas of tourism interest; and

(iii) encourage a range of recreational activities and accommodation styles within the Tourist Enterprise zone in a form, style and density which is compatible with surrounding land uses and can be adequately serviced and complements the natural and built features of the locality.

2. The applicant is advised that Council may be prepared to consider an amendment to Local Planning Scheme No 4 to modify the existing scheme provisions, allowing a future application for planning approval to be considered.”

The application is currently subject to an application for review of the Council’s decision through the State Administrative Tribunal.

A request has now been received from Planning Solutions to initiate a Scheme amendment to identify an additional use (rehabilitation centre) for the subject site. A copy of the request is attached.

ATTACHMENT: 9.5.5(2)

Council is requested to consider an 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 “Tourist Enterprise” zone. The purpose of the Tourist Enterprise zone is to encourage the development of a wide 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 area.

To assist Council in determining the application, the following comments and advice are offered:

Previous Zoning

Under the provisions of the Shires previous (now revoked) Town Planning Scheme No. 2 (TPS2), the subject property was zoned ‘Rural’. This zoning provided flexibility of land uses and led to the approval of the chalets and restaurant. With the gazettal of Local Planning Scheme No.4 the zoning was changed to reflect the predominant land use for tourism.

Current Scheme Provisions

The previous application for planning consent was proposed as “Health Centre”, being “a use not listed” within the Scheme. This application was refused in accordance with the Council resolution shown in the background section of this agenda item.

During the State Administrative Tribunal process, it has been revealed that a similar land use proposal was previously approved by the tribunal under the land use definition of “Community Purpose”, which is defined as follows:-

“community purpose” means the use of premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit;

A “Community Purpose” use is an “X” use within the Tourist Enterprise Zone.

Proposed Scheme Amendment

The applicants are proposing to amend the Scheme by introducing ‘rehabilitation centre’ as a defined land use however is proposed to be included as an additional use in Schedule Nine.

The proponent has provided the following draft definition for ‘rehabilitation centre’:

Means a premises used for residential alcohol and other drug treatment for adults, which –

a) employs only the following models:

· Residential Rehabilitation (Therapeutic Community model)

· Low Medical Withdrawal Management

b) residents stay on average three months with a maximum length of stay of six months

c) facilitates all meals and full hospitality services for residents, but where residents themselves through the work component of the program will undertake most of the cooking, cleaning, and day-to day logistics associated with the running of the service.

d) is staffed 24 hours per day, 7 days per week.

e) residents are not allowed off site without supervision and/or permission of the Service Manager.

f) admission to the service requires assessment and approval by the Service Manager.

g) key admission criteria include:

· Aged 18 years and over.

· Significant alcohol and/or other drug abuse or dependence problems.

· Absence of any medical or other health conditions requiring close medical supervision.

· Suitability, willingness, and commitment to participate in the service.

· Absence of serious criminal offending history including sexual or violent offending.

· Absence of any history of arson/fire lighting

· Ability to pay board and lodging fee

· Absence of any other issue that could constitute a significant risk to the service, other residents or broader community.

h) is overseen by a service manager, who enforces a set of policies and procedures that governs all aspects of the operation of the facility and service. The manager is supported by an executive and a clinical and corporate governance framework to ensure appropriate risk management and continuous quality improvement.

By introducing the definition as an additional use as proposed, the scheme would be modified so as to permit Council to formally consider a change of use from the current holiday accommodation to a Rehabilitation Centre.

The definition that is proposed is extremely specific, this would provide a strong statutory framework, ensuring that only a business/service operating under the defined business model, could be established on-site.

Consistency with the zone

As outlined within Clause 4.11.2 of the Scheme, the objectives in managing and guiding land use within the Tourist Enterprise Zone include, but are not limited to:

Zone development standards

In accordance with Clause 5.41.2.2(ii) tourist accommodation shall only be occupied for short-stay purposes. Notwithstanding the provisions of (ii), Clause 5.41.2.2(iii) enables the local government to consider more permanent residents in registered caravan parks or for management purposes.

Short-stay

The term short-stay is defined in the Scheme as “a period of not more than a total of three (3) months in any one (1) twelve (12) month period”.

The proposed land use definition enables ‘residents’ to stay for a longer period of time as defined under the term short-stay in the Scheme. Clause 4.17 of the Scheme permits the introduction of uses that facilitate a longer stay period. Should Council resolve to initiate the amendment it should be acknowledged that the additional land use will allow for a longer period of stay then that defined under the term Short-stay.

Land use permissibility

The proposed definition of rehabilitation centre is considered similar to such uses within the Scheme for the treatment of persons for medical treatment such as consulting rooms which are also not permitted within the Tourist Enterprise zone. It is considered that to introduce a rehabilitation centre as an additional use, consulting rooms should also be included as a permitted use in Schedule Nine for the subject property.

Suitability of the property for the use

As mentioned in the background section, the property is surrounded by State forest and agricultural zoned land. As such there are environmental factors effecting the property which need to be considered in determining the suitability of the land for the uses proposed.

The applicants have included a condition of the use being the preparation of a bushfire management plan and emergency evacuation plan given the proximity to State forest, however a notification should be placed on title advising that the property located within a Bushfire Prone Area. This requirement has been incorporated into the recommendation.

Given the proximity of agricultural land uses, there may be impacts from activities on the adjacent land that could cause a nuisance to the occupiers of the property. As such it is recommended that a notification be placed on title advising of the proximity of agricultural activities and the likely impact from dust, noise and spray drift.

Traffic impacts

Although there is no new development occurring on the property which might intensify the land use, the proposed additional use involves additional traffic movements from visitors and staff not residing on the property. It would be prudent to assess the impacts on the local road network through a traffic impact assessment as a condition of the additional use. This requirement has been incorporated into the recommendation.

Additional Uses

Despite not being contained in the Zoning table, Clause 4.17 of the Scheme enables specific uses listed in Schedule 9 for specified land, to be permissible in the zone subject to conditions set out in respect to that land.

Consistency with Local Planning Strategy

The subject property was identified as General Agriculture in the 2003-2017 Local Planning Strategy and is not addressed in terms of its rural setting in the draft Local Planning Strategy which is currently being finalised.

The proposed Scheme amendment addresses a number of Strategies outlined in the Shire of Manjimup Strategic Community Plan by providing a wellness industry related to rehabilitation and by increasing the availability of alcohol and other drug addiction support.

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 applicant over the preparation of modified 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:

This proposal meets Shire of Manjimup Strategic Community Plan 2017-2027 by:

· Strategy B7 by providing a wellness industry related to rehabilitation; and

· Strategy C3 by increasing the availability of alcohol and other drug addiction support.

In accordance with Clause 1.6 of the Scheme, the vision for the Shire is to support a thriving community, utilising and consolidating existing towns and services, while developing a diversified, locally-based economy which protects and enhances the rural and natural character and physical attributes of the local government district integrated with a sustainable and productive natural resource base.

The proposed rehabilitation centre will provide a diversified, locally-based economy and is considered to be consistent with the strategic objective:

(viii) strategically manage the allocation of land resources, in a manner consistent with maintaining a high standard of quality of lifestyle expectations of the community, in order to provide for employment opportunities and be responsive to changing economic and social trends.

The proposed additional use could provide additional employment opportunities for the local community, targets the improvement of the resident’s lifestyle and would provide a service that is in response to a growing social trend in the southwest.

Organisational risk management:

Nil.

Financial Implications:

All costs are to be borne by the proponent.

Sustainability:

Environmental: Nil

Economic: As part of the original application for development approval, the applicant stated that the facility will employ local residents, purchase local goods and services and is expected to contribute between $1-2 million to the local economy annually.

Social: If approved the facility will provide a health related service required in the region.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

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

a) Identify additional land uses (rehabilitation centre and consulting rooms) for Lot 1 (21) Roberts Road, Yeagarup as per Attachment 9.5.5(1) subject to the inclusion of additional conditions for:

i. The preparation of a traffic impact assessment demonstrating that the local road network can sustain the additional land use;

ii.notification on title that the property is located within a Bushfire Prone Area as per wording in State Planning Policy 3.7 Planning in Bushfire Prone Areas; and

iii.Notification on title that the property is located in close proximity to agricultural activities and has the potential to be affected by odours, noise, spray drift and dust that are associated with those activities.

2) 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 introduce low intensity land uses into a zone which is unlikely to result in any significant environmental or other impacts on either the subject land or land in the locality;

3) 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;

4) 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;

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

6) Advise the Department for Planning, Lands and Heritage/Western Australian Planning Commission of points a) to d) above.

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Herbert, V

27779

That Council:

1. defer consideration of the request to initiate a scheme amendment for Lot 1 (21) Roberts Road, Yeagarup pending the finalisation of State Administrative Tribunal matter DR 290 of 2018 – WA Council of Addictions Inc v Shire of Manjimup; and

2. await a further report on the request to initiate the scheme amendment referred to in point No 1 above following determination of the Tribunal matter.”

MOTION carried 9/2

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

Councillor Jenkins declared a Proximity Interest in this Item as she has a joint share at an adjacent property at 4 Finch Street, Manjimup. Councillor Jenkins did not speak or vote on the matter and left the Chamber at 6.25pm.

ATTACHMENT

9.9.1 Proposal to Undertake Renewal and Capital Improvements at the Manjimup Regional AquaCentre - Request for Budget Amendment

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Rutherford St, Manjimup
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Community Services
FILE REFERENCE:	F161088
LEGISLATION:	Local Government Act (1995)
AUTHOR:	Troy Reid; Evy Apeldoorn
DATE OF REPORT:	1/04/2019
DECLARATION OF INTEREST:	Nil

Background:

In the 2018/19 budget Council allocated funding to replace the Air Source Heat Pump (ASHP) System for the purpose of heating the pool water at the Manjimup Regional AquaCentre. In January 2019 Jako Industries were awarded the tender for this project. The on-site installation of the ASHP System will take three weeks, and is scheduled to be undertaken from 24 June until 14 July 2019. During this period the water and air treatment systems will require to be taken offline, and thus the AquaCentre will be closed to the public.

Due to the continuous everyday use of the facility over the past 12 years, wear and tear, and structural issues have become apparent in the facility. As all work to the Air Source Heat Pumps are localised at the external north side of the building, an opportunity exists for renewal and capital works, which could not occur during normal business hours, to occur within the facility during the three week closure.

The purpose of this request is to formally seek Council approval to expend Reserve and operational funds to undertake renewal work and capital improvement during the scheduled pool closure timeframe.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Taking into account a three months ordering and shipping period, the ASHP works have been scheduled to occur during the winter school holiday period (traditionally a low patronage period), to minimise the impact on AquaCentre users and programs. During the facility closure, both pools will be closed, but where possible, the dry group fitness class program will be maintained, either at the AquaCentre or at alternative venues.

An overview of potential building renewal works is attached.

ATTACHMENT: 9.9.1(1)

Renewal work

The renewal works can be summarised into the following main categories:

1. Building repairs to the café and foyer area ($4,200) to address structural integrity issues caused by roof leaks and internal condensation;

2. Pool tiling and grouting repairs, and the installation of additional pool depth markers (estimated costs $5,498) to satisfy the Code of Practice for the Design, Operation, Management and Maintenance of Aquatic Facilities. For these works to occur the pool water level will need to be lowered (estimated 30cm) to allow access to the tiles at water level;

3. Pool deck paving to be chemically cleaned and sealed with industrial grade equipment (quoted costs $13,920);

4. Masonry walls in the pool hall, change rooms, foyer and outside entrance to be repainted with a fresh colour scheme (estimated costs $15,000). These works will have a high visual impact outcome that will re-engage interest in the Centre and create a new appeal to first time visitors; and

5. Other, smaller scale, maintenance tasks (estimated costs $5,978) could also be completed during the pool closure by AquaCentre staff. These include difficult cleaning tasks (e.g. of grouting and removal of pool rust stains) requiring harsher cleaning products, which can be safely applied during the closure without the risk of disturbing patrons.

Capital improvements:

6. An initiative to install a water feature (estimated costs $20,000) in the beach area of the leisure pool has been proposed to provide a more entertaining and recreational aspect to young children. Plumbing for such feature was installed at the time of the AquaCentre construction, however a feature was not installed; and

7. The installation of an air circulation system (estimated cost $50,000) to address ongoing condensation issues in the Centre is being investigated. More planning is needed to determine how all air handling systems will be integrated for optimal efficiency. These works will be best undertaken in conjunction with air-conditioning works in the future as part of general plant replacement.

The following options are presented for Council consideration:

Option 1. Undertake all renewal works as outlined in above categories 1 to 5 (costs $44,596), and install a water feature, at a total cost of $64,596 (excl. GST);

Option 2. Complete the majority of renewal works, however postpone painting the facility walls (category 4), and install a water feature, at a cost of $49,596 (excl. GST);

Option 3. Complete all renewal works, however postpone the installation of a water feature, at a cost of $44,596 (excl. GST); and

Option 4. Complete only renewal categories 1, 2, and 5 at a costs of $29,596 (excl. GST).

Option 1, at a cost of $64,596 (excl. GST), is recommended by Officers as the preferred option as it will ensure that the AquaCentre can operate with a lower risk of furthering structural damage, encourage membership growth and retain an enjoyable experience for its patrons. It should be noted that due to costs estimates being used for some of the works, cost savings are likely.

To install a water feature during the closure would be ideal timing, as the lowering of the pool water level will allow access and a sufficiently long drying period. Should a water feature be installed at a later date, the leisure pool will need to be closed for several weeks.

In summary, the renewal of the pool heating (ASHP) offers a unique opportunity to undertaking building renewal works and capital improvements concurrently whilst minimising impact on customers and optimising resource and financial efficiency.

STATUTORY ENVIRONMENT:

Local Government Act 1995 – Reserve accounts (Financial Management, 6.11)

Policy / Strategic Implications:

Our Infrastructure Strategy 4.3 – Manage public assets prudently and in a financially sustainable manner.

Organisational risk management:

The current condition of the café and foyer area, and damaged pool tiles, has the potential to cause injury to staff and facility users. There is also the risk of incurring substantial financial expenses should the repairs be delayed due to the possibility of greater structural damage occurring.

Financial Implications:

Funding the proposed renewal works ($44,596) utilising the AquaCentre Building Reserve funds will result in a remaining balance of $56,682.

The installation of a children’s water feature is proposed to be funded by a combination of operational funds ($10,000) and the Recreation Ground/Facility Improvement Reserve ($10,000). This will result in a remaining balance within this Reserve of $89,930.

As an integral component of the Centre the AquaCentre’s air conditioning system is constantly being maintained and monitored. As with the bulk of the plant room equipment the air conditioning system is 12 years old and will likely need replacement in the next few years. Financial precautionary measures should be taken to accommodate this future capital expenditure.

Sustainability:

Environmental: Reduce water, energy and chemical usage involved with the current cleaning regime.

Economic: Sustain a strong and growing membership and casual user base. Reduce ongoing maintenance costs.

Social: Improving the aesthetics of the AquaCentre will ensure sustained customer satisfaction and meet community expectations. Repairs to hazardous structures will provide a safer facility to visit. Interactive pool addition will increase leisure activities and opportunities to different user groups.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1 Authorise building renewal works and capital improvement, including the repair of the café and foyer areas, painting, sealing of pool deck pavers, and the installation of a children’s water feature in the leisure pool, at the Manjimup Regional AquaCentre as per Attachment: 9.9.1(1);

2 Approve a budget amendment to fund the renewal works by transferring $44,596 funds from the Manjimup Regional AquaCentre Building Reserve to the AquaCentre Operational budget; and

Description	Current Budget	Amended budget	Variation
Transfer from Aqua Centre Building Reserve	$0	($44,596)	($44,596)
AquaCentre renewal works	$0	$44,596	$44,596
Net Rate Funds			$0

3 Approve the budget amendment to fund the installation of a water feature, including the transfer of $10,000 from the Recreation Ground/Facility Improvement Reserve, as per the following table.

Description	Current Budget	Amended budget	Variation
Corporate Services -Innovation Implementation	$23,079	$18,079	($5,000)
AquaCentre Maintenance Preventative Pool	$24,900	$19,900	($5,000)
Transfer from Recreation Ground/Facility Improvement Reserve	$0	($10,000)	($10,000)
Installation water feature	$0	$20,000	$20,000
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27780

That Council:

2 Approve a budget amendment to fund the renewal works by transferring $44,596 funds from the Manjimup Regional AquaCentre Building Reserve to the AquaCentre Operational budget; and

Description	Current Budget	Amended budget	Variation
Transfer from Aqua Centre Building Reserve	$0	($44,596)	($44,596)
AquaCentre renewal works	$0	$44,596	$44,596
Net Rate Funds			$0

3 Approve the budget amendment to fund the installation of a water feature, including the transfer of $10,000 from the Recreation Ground/Facility Improvement Reserve, as per the following table.

Description	Current Budget	Amended budget	Variation
Corporate Services -Innovation Implementation	$23,079	$18,079	($5,000)
AquaCentre Maintenance Preventative Pool	$24,900	$19,900	($5,000)
Transfer from Recreation Ground/Facility Improvement Reserve	$0	($10,000)	($10,000)
Installation water feature	$0	$20,000	$20,000
Net Rate Funds			$0

MOTION carried 10/1

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

Councillor Jenkins returned to the Chamber at 6.29pm.

9.13.1 Proposed Budget Amendment for Northcliffe Town Centre Revitalisation Works

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Wheatley Coast Road, Northcliffe
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	F190087
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers and Nicole Booth
DATE OF REPORT:	28/03/2019
DECLARATION OF INTEREST:	Nil

Background:

Each financial year, Council allocates an amount of $250,000 towards town centre revitalisation works within the Shire. In 2017/18, the allocation allowed the Shire of Manjimup, in conjunction with the Northcliffe Town Centre Revitalisation Committee and additional community consultation to complete the concept design for the main street upgrades. Works included:

· eastern extension of existing car park to allow for additional standard disabled, motorcycle and long bays;

· new kerbing;

· asphalt overlay of Wheatley Coast Rd from Boronia St to Zamia/Muirillup intersection, carpark and carpark extension;

· drainage;

· street furniture (picnic seating, planter boxes, bike rails, etc.); and

· replacement of paved footpath and landscaping.

The previous budget for Northcliffe townsite consisted of a total of $121,000, having been carried forward from 2017/18. At the 27 September 2018 meeting, Council approved the 2018/19 Main Street Upgrade budget of $250,000 to also be fully allocated to the Northcliffe Town Centre Revitalisation works.

Initial estimates for the Council and Committee approved works which includes all the car park and road infrastructure upgrade, upgrade and/or renewal of street furniture (such as recycling bins, park furniture etc) and upgrade of the existing toilet block, totalled $321,766. The upgrade of the existing toilet block is estimated to cost $45,000 with these funds isolated to ensure completion of the works within budget. However, as the streetscape and car park works are nearing completion, there is a $25,000 shortfall for the final prioritised works. As such, Council is requested to approve a further budget amendment of $25,000 to the Northcliffe Town Centre Revitalisation works.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The progress of the streetscape and car park works completed to date include all civil demolition and preparation, majority of kerbing and kerb ramp works, the asphalt overlay with funds already committed from the existing budget to complete the footpath paving renewal. Changes to the initial scope of works includes installation of ‘parallel on-street’ disabled bay on western side, pedestrian islands at front of Lot 10 to ensure compliance with the approved Development Application DA17/26, and installation of southern crossing point to provide for consistency and to improve safety.

The remaining streetscape and car park prioritised works that are yet to be completed include:

· purchase and installation of bins;

· landscaping works;

· final works around the ANZAC Memorial;

· final kerbing works; and

· general site clean-up.

Given the nature of these works will all but finalise the essential upgrades to the streetscape and adjacent areas, Shire officers seek Council approval to fund the current approved budget by a further 9%. The Shires’ current Infrastructure Works Budget 2018/19 shows a currently unallocated $68,932 Main Street Upgrade c/f budget. Council is requested to allow a budget amendment of $25,000 of the unallocated funds to continue works to finalise the Northcliffe Town Centre Revitalisation works.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

There exists a minor risk to the organisation’s reputation if works are not completed to an acceptable standard and within a suitable timeframe

Financial Implications:

There are no additional financial implications for the 2018/19 Budget other than the reallocation of existing funds.

Sustainability:

Environmental: Nil.

Economic: Improved and visually pleasing streetscapes within business districts are proven to provide economic benefits to local communities.

Social: Landscaping and street furniture are important elements when creating a sense of place as part of any townscape works. The elements as supported by the committee are consistent with this principle.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council approve the budget amendment of $25,000 from the Main Street Upgrade c/f unallocated funds to Northcliffe Town Centre Revitalisation works to finalise the project, in accordance with the table below.

Description

Current Budget

Proposed Budget

Variation

Main Street Upgrade c/f

Northcliffe Main Street Upgrade

$68,932

$321,766

$43,932

$346,766

($25,000)

$25,000