Minutes of Ordinary Council

· The Chief Executive Officer, Councillor Eiby, Councillor Daubney and I attended the Local Government Advisory Board meeting regarding the Donnelly River Huts submission on behalf of Council.

· The Chief Executive Officer and I also attended the public meeting held in Nannup regarding the Donnelly River Huts.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr L Daubney

Cr W Eiby

Cr V Herbert

Cr J Salomone

Cr D Tapley

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 Andrew Johns ( Manager Works)

Ms Gaye Burridge (Corporate Administration Officer)

Ms Jocelyn Baister (Coordinator Statutory Planning)

Mr Craig Martyn (Coordinator Finance & Administration Services)

Gallery

Mary Nixon	Nick Yovkoff
Kathy Yovkoff	Marie Moltoni
Brendan Eliot	Nathan Reynolds
Alan Lloyd	David Giblett
Nancy Giblett	Lisa-Marie Starkie
Bevan Hall	Brendan Hill
Greg Starkie	Brian Vallentine
Ros Knowling	John Kilrain
Brad Wren	Jack Kilrain
Heidi Tempra	Melissa Kilrain
Donelle Buegge	Gary Kilrain
Mason Nicks

3.1 Apologies: Councillor Denise Jenkins is an apology for this meeting.

3.2 Leave Of Absence:

Councillors Kim Skoss and Robert Taylor have been granted a Leave of Absence for this meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received Financial Interest Declarations from Councillors Daubney, Salomone and Eiby. The Chief Executive Officer has also received Impartiality Interests from Councillors Winfield, Salomone, Omodei, Ventris and Herbert and a Proximity Interest from Councillor Daubney.

Councillor Daubney declared a Financial Interest in Items 9.1.2 and 9.8.1, a Proximity Interest in Item 9.3.3 as she is the Leaseholder of Site 114 Windy Harbour and a Financial Interest in Item 9.5.2 as she is the Sales Representative for Harcourts Manjimup.

Councillor Salomone declared an Impartiality Interest in Items 9.1.2 and Item 13 and a Financial Interest in Item 9.1.2 as she is an employee of Department of Biodiversity, Conservation and Attractions and her partner is part owner of Southern Forest Medical Centre.

Councillor Eiby declared a Financial Interest in Item 9.1.2 as she is the Manager of Northcliffe Visitor Centre, Secretary of Southern Forests Healthy Communities and President of Southern Forests Photography Club.

Councillor Winfield declared an Impartiality Interest in Items 9.1.2 as he is a member of Smith Brook Fire Brigade and 9.5.4 as the proponent is a former employee and the affected landowner is an acquaintance.

Councillor Omodei declared an Impartiality Interest in Item 9.1.2 as he is a member of the following committees: Pemberton Heritage and History Group, Pemberton Mill Hall Committee, Pemberton Aged Accommodation, Patron of Warren District Agriculture Society and Cherry Harmony Festival, member of Pemberton Sports Club and his son has an office in Brockman Street.

Councillor Ventris declared an Impartiality Interest in Item 9.1.2 as his wife sits on the Mill Hall Committee and Heritage and History group.

Councillor Herbert declared an Impartiality Interest in Item 9.1.2 as he is a member of the Pemberton Aged Accommodation Group.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Brian Valentine – Yanmah.

· On 9 July 2019 the Shire President issued a Media Statement in support of the Southern Forests Irrigation Scheme. In the media release the Shire President claimed there was misleading information in the Petition I submitted to the Legislative Council.

· My question to the Shire President is “What did he find misleading?

The Shire President responded: The petition has been lodged in the Parliament, there are number of items on that Petition. The first item relates to the Business Plan. I don’t believe that statement is accurate. I suggest you wait until the Parliament deals with that and you receive a response to those petition items and then you will have the answer to your question.

5.2.2 Alan Lloyd – Wilgarup

· This meeting proposes to adopt the 2019/2020 budget which includes an increase in rates for ratepayers.

· At the Annual Electors meeting held on 12 December 2019 the Shire was requested to achieve a zero rise in rates for the 2019/2020 year. This request was put at the Shire Council meeting on 17 January 2019. The Shire agreed to consider the motion during its annual budget process.

· It is also noted in the Organisational Risk Management Statement that ‘Failure to consider the content of the elector’s motion may be perceived as poor governance practice by electors within the Shire and a risk to Council’s credibility’.

· Question 1, Was there any change to the Council’s Budget process to consider the Electors motion?

· Question 2, What consideration was given to achieving a zero rate rise?

· Question 3, was the Councils consideration of this motion recorded?

· Question 4, Are those records available to the public?

The Chief Executive Officer responded: You are absolutely correct with the motion that was put forward at the Annual Electors Meeting. The matter was raised with Council during Council’s Budget process. The Council understood that to be the case and Council passed that resolution in January. The budget process commenced in March. It is a little difficult for me to recollect the conversations that were had at that time in Council regarding a zero percent increase in rates. Those meetings are not required by law to be recorded and have not been recorded. We do take a few notes during those Budget meetings but they are more generally related to the Budget itself. What is in and what is out of the budget. I believe that answers questions 1, 3 and 4. And question 2, I cannot recall what was stated within those meetings.

The Shire President responded: My recollection was that my answer was ‘if you strike a zero rate rise, that would mean that you were going backwards, given the CPI’.

Mr Alan Lloyd.

· My first question was about any change to the budget process to try and set a target of zero which is unrealistic, as you know, in terms of going backwards. But if you don’t set a target to minimise the rate increase you will continue to have rate rises every year, which may be OK for Council Administration because you need those rate rises. But it is not sustainable for ratepayers. I don’t believe my question was answered.

The Shire President responded: The decision is made by the Council in relation to the rate rise. We start our budget process in March and at each Council meeting, every three weeks, we have another section of the budget that we agree to. The final analysis in June was that the rate increase to achieve the targets we needed to achieve would be 3.38%. Go through the budget document that will be on the Shire Website and if you have any further questions then I am more than happy to meet you, at a time suitable to both of us and go through the issues.

5.2.3 Brendan Eliot – Stonemason.

· Me and my partner did the work in Pemberton.

· I have a problem with what is happening with the Donnelly River and I want to put signs up on my house in Palgarup.

· I would like to know what I can and can’t do. I plan on doing that tomorrow.

The Shire President responded: A simple phone call to the Administration would give you all the answers.

The Chief Executive Officer responded: We are more than happy to meet with you and work through the process of what is required to display signs. It does constitute development and requires a Development Application. I have noticed people are putting these signs up on private property and signs on land that we control, and that is unacceptable and contravenes the Local Planning Scheme.

5.2.4 Killy Moltoni – Manjimup Resident.

· I believe you are going to vote on the rate rise of 3.38% tonight.

· I would like Council to reconsider and lower the rate if that is possible.

The Shire President Responded: The Council has deliberated over the budget since March and we have adopted that as a strategy. We have a long standing Business Manager and an assistant who have been working very late at night to finalise the budget. I hope that you all take the time to go through the budget. We did weigh up all the matters you requested. Like the request under our Community Strategic Plan for Council to prioritise road construction and road maintenance and to that extent we spend in excess of $2 million on road maintenance. We have set aside an additional 1% of rates for roads. This year there were 90 community groups that received funds from Community Grants fund. There are a whole range of things we balance up. We certainly consider the current CPI which as you would all be aware, the national CPI is 1.3%. It is a balance of all the States CPI. The other CPI that not many people talk about is the CPI that we face as Local Government and that is the CPI where our costs are taken into account. So in the end we came to a conclusion that there should be a 3.38% rate increase. Council will make that decision today, whether they will agree to that or not. We do not take these decisions lightly. The budget document is comprehensive and it will compare what we do with other Local Governments. There is comprehensive information on property valuation, whether they be a Gross Rental Valuation or the Unimproved Values. The movements within each one of the Wards of the Council and where they are heading.

Unimproved values are done by the Valuer General’s Department along with Gross Rental Value, Unimproved values are done every year. There is a good explanation on the Valuer General’s website. They are usually very conservative.

Unlike the larger and metropolitan Councils we do not have parking revenue.

5.2.5 Kathy Yovkoff – Manjimup Resident.

· My concern is the Rates going up.

· I’ve been in the business sector for 39 years.

· While the town looks beautiful, probably the best it has looked for many years, businesses are really struggling.

· There are a lot of farmers in town struggling.

· I’ve never seen so many empty shops in town.

· People are finding it very hard to pay the normal bills.

· Businesses are leaving because they are not getting the turnover and people are not spending money.

· I would just like you to think about it when you make the decision to increase rates by 3.38%.

The Shire President responded: Thank you Mrs Yovkoff and thank you for the work you do in the community. Every person around this table is a ratepayer too and all have families of our own. We receive the same feedback as you do and probably more feedback. In the end we have run a business to professionally as the Shire is a business.

5.2.6 Nathan Reynolds – Manjimup Resident.

· I have just heard about the Donnelly River Scheme potential and just want to know where I can get more information about it.

· I wondered if there was any potential for the Shire to put on an information day, then people could make a decision on that in the future.

The Shire President responded: There are a number of areas where you can get information. The issue in relation to water allocation is also not just the Southern Forest Irrigation Scheme it is also about the allocation of water by the Department of Water and Environmental Regulation. There is a lot of information on their website, there is the Warren and Donnelly Rivers allocation plan and there is the Department of Water and Environmental Regulation website, the Southern Forest Irrigation Scheme website. There have been a number of public meetings in relation to the setting up of the Scheme, going back a couple of years. As far as an information session, it is not our role as the Shire, it is a Government project, run by the Department of Water and
Environmental Regulation and Department of Primary Industry and Regional Development. If you need further clarification I am more than happy to talk to you outside of the meeting, if you want to call me through my contacts to make an appointment.

The Chief Executive Officer responded: The easiest way to find information is to do a Google search. Search Southern Forest Irrigation Scheme and you’ll get both sides of the story from the Government Departments, to the cooperative, to the people who are against it. The Scheme itself is not a Local Government project. We seem to be drawn into the project quite regularly. The role that we may play in the future will potentially be some sort of assessment of the project from a development perspective. Any further than that the Shire is at arm’s length to the project and doesn’t have a significant involvement at this point.

5.2.7 Mason Nicks – Manjimup Resident.

· Isn’t the Shire a Local Government?

The Chief Executive Officer responded: Just by way of explanation. There are three tiers of Government in Australia. You have Federal Government, the State Government and Local Government. The Southern Forest Irrigation Scheme is a State Government project.

5.2.8 John Kilrain – Graphite Road, Manjimup.

· My question is in regard to a media release on the 5 July 2019 regarding the Southern Forest Irrigation Scheme.

· It stated that 2 out of 11 Councillors voted against the decision. Whilst that is completely accurate. I’m not sure that it is 100% transparent of outcome of the vote.

· I would ask that in future media releases that it is more transparent and that actually gives the vote detail so that is more accurate.

The Chief Executive Officer responded: The question relates to the voting arrangements. How Local Government decisions work is that basically most decisions, such as this decision, needs to be carried by a majority. In a majority situation, no matter how many Councillors are present, so if Councillors have an interest and they aren’t allowed to vote or they are absent. For instance if you had eight Councillors a majority would be five. If it was a tie of four, four the Shire President would have a casting vote. That is a majority decision of Council. There is also an Absolute Majority which is total number of Councillors. Whatever decision Council makes and by what majority is real irrelevant. Council makes one decision in relation to a particular matter then it is up to Councillors to support the decision that’s been made by democratic process. And that is basically how Local Government functions.

5.2.9 Lisa Starkie – Item 9.5.4 - Proposed Setback Variation for a Retrospective Dam at Lot 250 (317) Angels Road, Middlesex.

· Ms Lisa Starkie addressed issues raised in the Officer’s report to Council. Attached are photos showing parts of the dam and surrounds.

ATTACHMENT: 5.2.9(1)

5.2.10 Greg Starkie – Item 9.5.4 - Proposed Setback Variation for a Retrospective Dam at Lot 250 (317) Angels Road, Middlesex.

· I have come to support my daughter Lisa.

· With regard to Lisa’s dam, we, Janet and Greg Starkie organised it and paid for it.

· The original site was unsuitable so we shifted to much better clay. I was unaware of the 20 metre rule.

· Questions have been asked about the bonafides of the operators.

· We were so concerned about contractors that we bought our own machines and I hired a consultant and he was also a working operator.

· We are more than willing to meet with Shire engineers, concerned neighbours anywhere.

5.2.11 Heidi Tempra – Yanmah Road, West Manjimup.

· I have lived here for 20 years.

· I am a little confused by the statement made when people asked about the Southern Forest Irrigation Scheme, where you are saying it is not your project, as it is at a higher level, it is another Department.

· As soon as the Shire put its support to the project you are aligning yourself with it.

· So now that the Shire has publicly stated its support for the Southern Forest Irrigation Scheme should not the Shire point the finger at the other Department and take on board what people are saying?

The Shire President Responded: I understand where you coming from and the facts of the matter are that the project is a Water for Food Project under the previous Government funding. There were 11 Water for Food Projects in Western Australia, the one that relates to us is the Southern Forest Irrigation Scheme, there is another one in Myalup that is tied to the Wellington Dam which has also received funding from the Commonwealth Government. As far as the project itself is concerned, our Strategic Plan states that the Shire supports irrigated horticulture. There has long been suggestions to have strategic dams in the district. This project came out of a report by the Department of Primary Industry and Regional Development of three or four years ago. That report is available on their website, which indicated that to maintain the horticultural effort in the Shire of Manjimup and the Lower South West, there would be a need to generate an extra 12 gigalitres of water in the Lefroy Donnelly Catchment Area by the year 2020. The scheme was leverage off that report. The project is a Department of Water and Environmental Regulation and Department of Primary Industry and Regional Development.

There were a number of public meetings but the cooperative members were elected at a public meeting. The decision that has complicated the Scheme is the decision by the Department of Water and Environmental Regulation to close eleven catchments while they did some monitoring work. I think that decision in itself, divided the community and created a situation that pitted the landholders against each other, when that wasn’t necessary.

As far as I’m concerned the Southern Forest Irrigation Scheme is a separate project to the issue we have been fighting the Department of Water and Environmental Regulation about, that is the allocation plan and efficiency and effectiveness of that. As to whether they have applied the precautionary principle to a greater extent than they should have. That was the nub of my letters to the Directors of both the Department of Water and Environmental Regulation and Department of Primary Industry and Regional Development. Those letters have not been responded to yet however I expect that that will happen soon. They may claim they have enough information to make the decision they have. I don’t necessarily agree with that and I want a review of their methodology. I think that is what we all want.

My belief is that there is enough water in the catchment for both the Southern Forest Irrigation Scheme with scope to free up more water in the catchment, not just the Middle Donnelly, but the other catchments as well including Manjimup Brook, Eastbrook, Lefroy, Smith Brook. I think there is more water there. I think they are applying the precautionary principle more than they need to.

When a letter goes to the Minister, the Minster sends it straight to the Department and someone in that Department will provide a response and the Minister will sign the letter.

When we go to Local Government Week in a weeks’ time, the Chief Executive Officer and I have meetings with Michael Rowe, the Director General of the Department of Water and Environmental Regulation. The current Chief Executive Officer of the Department of Primary Industry and Regional Development is coming down and I am meeting him on the 2 August, 2019.

When 45 million tonnes of water goes down the gauging station at the Cascades, last year, there has to be scope and discretion for the Department of Water and Environmental Regulation to allocate more licences than there are now.

5.2.12 Gary Kilrain – West Manjimup.

· The Chief Executive Officer mentioned about the Southern Forest Irrigation Scheme, that you may get involved later on with planning approvals or something like that.

· I’m sure I have seen a document, that was signed, stating that Local Planning Approval is not going to apply to the Southern Forest Irrigation Scheme, is that correct?

The Chief Executive Officer responded: It may in fact be the case, they sometimes have a different process. Sometimes they claim the Crown Land exemption, if it is on Crown Land then certainly. Things like the pipe line and that sort of thing, we may get involved in. It depends on the nature of the actual development. A dam of that magnitude would constitute a Development Application if it was on private property, even if the State was doing it. If it was located on Crown Land the State can elect to have Local Government approval or they might not as well.

In answer to your question, definitely the pipe line that runs along our Road Reserves, there is clearing approvals, there are all sort of different things that need to happen.

We haven’t heard anything other than there is a dam proposed. They haven’t even contacted us regarding Development Approvals or anything of that nature. If it is a State run project, it is likely they will just go ahead without Local Government input.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: A presentation was made of a Thank You from Northcliffe Karri Cup Committee.

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Daubney, L

27869

That the Minutes of the Ordinary Meeting of the Council held on 4 July 2019 be confirmed.

CARRIED: 8/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Salomone, J

27870

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 78 of the Agenda with the exception of:

CARRIED: 8/0

9.1.2	Adoption of 2019/20 Annual Budget
9.3.3	Proposed Windy Harbour Lease Transfer - Site 115
9.5.2	Proposed Sale of Property - No 7 (Lot 329) Blackbutt Drive, Manjimup
9.5.4	Proposed Setback Variation for a Retrospective Dam at Lot 250 (317) Angels Road, Middlesex
9.8.1	Proposed Review of Environmental Health Policies 4.2.10 - Windy Harbour Camping Ground and 4.2.11 - Windy Harbour Reticulated Water Usage and Use of Bores
9.12.1	Proposed Closure of a Portion of Unconstructed Road Reserve in the Vicinity of Wheatley Coast Road, Quinninup

Items passed by En Bloc Resolution

9.1.1 Request to Provide Undertakings for Shire of Manjimup Parking Local Law 2018

9.3.1 Monthly Financial Activity Statement - May 2019

9.3.2 Council Financial Payments May 2019

9.3.4 Proposed Windy Harbour Lease Transfer - Site 116

9.3.5 Proposed Lease Portion of Reserve 19552 to The Warren Blackwood Cricket Association Incorporated for Shed and Cricket Nets

9.5.1 Proposal for Mine Free Zone - Busselton to Hopetoun

9.5.3 Proposed Pylon Sign on Lot 783 (Reserve 19552) Collier Street, Manjimup

9.5.5 Delegated Planning Decisions for June 2019

9.5.6 Proposed Local Planning Policy 6.1.23 Container Deposit Infrastructure

9.9.1 Community Services Directorate Quarterly Report April - June 2019

9.12.2 Proposed Closure of a Portion of Iredell Road, Beedelup

9.12.3 Proposed Rescission of Policy 9.1.15 Directional Information Structures

9.13.1 Quarterly Report April to June 2019 - Works and Service Directorate

9.16.1

Unconfirmed Minutes of the Manjimup Heritage Park Advisory Committee Meeting Held on 11 June 2019.

9.1.1 Request to Provide Undertakings for Shire of Manjimup Parking Local Law 2018

PROPONENT	Joint Standing Committee on Delegated Legislation
OWNER	N/A
LOCATION / ADDRESS:	All of Shire
WARD:	All Wards
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F170065
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	27 June 2019
DECLARATION OF INTEREST:	Nil

Background:

Council has received correspondence from the parliamentary Joint Standing Committee on Delegated Legislation (the Committee) with reference to the recently gazetted Shire of Manjimup Parking Local Law 2018 (the Local Law).

A copy of the gazetted Local Law and its Explanatory Memorandum was forwarded to the Committee on 12 June 2019. Upon the Committee’s review of the Local Law and Explanatory Memoranda on 26 June 2019, it identified a small number of minor drafting errors that will need to be corrected.

The content of the Committee’s letter is considered confidential, and the Committee has requested that the letter not be included in this Council agenda item. A copy of the Committee’s correspondence to the Shire has been provided to Councillors under separate cover.

The purpose of this report is for Council to consider the correspondence received, and provide the Committee with a letter of undertaking that the minor drafting errors will be corrected as part of the next review of the Local Law.

PUBLIC Consultation Undertaken:

Nil. Public consultation on correspondence received from the Committee is not required.

COMMENT (Includes Options):

It is noted that the Committee’s request assumed that Council could have considered the matter at its Ordinary Meeting held on 4 July 2019. However, this could not occur as the request was not received until after consolidation of the meeting agenda on the same day the request was written. Council has been granted an extension of time to this meeting to consider the request from the Committee.

For the benefit of Councillors, an ‘undertaking’ is a commitment made by local governments, government departments or agencies to the Committee that certain actions will be completed within a certain time frame.

The requesting of undertakings relating to Instruments (i.e. Local Laws) from local governments, departments and agencies is a serious matter. The Committee allows Instruments to pass unimpeded into law subject to the commitment that the relevant local government, department or agency will abide by the undertakings they give.

The Committee accepts undertakings provided on the following terms:

· all consequential amendments arising from the undertakings will be made;

· offending clauses will not be enforced in a manner contrary to the undertakings given;

· the undertakings will be completed within six months of the date the local government, department or agency’s letter provides the undertakings;

· where the instrument is made publicly available, whether in hard copy or electronic form, it be accompanied by a copy of the undertakings; and

· in the case of a local government, it will provide a copy of the minutes of the meeting at which the relevant council resolves to provide the undertakings.

There are no changes requested in the Committee’s correspondence that change the intent of the Local Law. As noted above, it is normal practice is to complete the undertakings within a six month period to the satisfaction of the Committee. However, the Local Government Act 1995 at clause 3.16 specifies that Local Laws are to be reviewed within 8 years of the law commencing. Clarification has been sought from the Committee as to whether the undertakings are required to be completed within the next six months or the next review of the Local Law. In this instance, and as the correspondence from the Committee indicates, the Committee is satisfied that the minor errors identified can be corrected the next time the Local Law is reviewed or amended by Council.

A copy of the undertakings issued by the Committee, and as provided in the Officer Recommendation will be kept alongside all publicly available copies of the Local Law.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Failure to provide an undertaking for the minor drafting errors identified by the Joint Standing Committee on Delegated Legislation will place Council in non-compliance with the Committee, and may result in the Local Law being disallowed. However, in this instance the Committee has ratified that the changes can occur when the Local Law is next reviewed.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That the Council of the Shire of Manjimup resolves to undertake to the Joint Standing Committee on Delegated Legislation that the Shire will:

1. When the Local Law is next reviewed or amended, amend the Local Law in accordance with the correspondence received on 27 June 2019 to:

a) Amend clause 3.5.

b) Amend clause 3.6(3)(a)(i) and (ii).

c) Amend clause 3.11.

d) Amend clause 3.18.

e) Make any further necessary consequential amendments as required.

2. Until the Local Law is amended in accordance with undertaking 1:

a) Not enforce the Local Law in a manner contrary to undertaking 1.

b) Where the Local Law is made publicly available, whether in hard copy or electronic form (including on the Shire’s website), ensure that it is accompanied by a copy of these undertakings.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27871

That the Council of the Shire of Manjimup resolves to undertake to the Joint Standing Committee on Delegated Legislation that the Shire will:

1. When the Local Law is next reviewed or amended, amend the Local Law in accordance with the correspondence received on 27 June 2019 to:

a) Amend clause 3.5.

b) Amend clause 3.6(3)(a)(i) and (ii).

c) Amend clause 3.11.

d) Amend clause 3.18.

e) Make any further necessary consequential amendments as required.

2. Until the Local Law is amended in accordance with undertaking 1:

a) Not enforce the Local Law in a manner contrary to undertaking 1.

b) Where the Local Law is made publicly available, whether in hard copy or electronic form (including on the Shire’s website), ensure that it is accompanied by a copy of these undertakings.

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.3.1 Monthly Financial Activity Statement - May 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:	10 July 2019
DECLARATION OF INTEREST:	Nil

Background:

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

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

The Financial Activity Statement report for the period to 31 May 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 31 May 2019 is a projected deficit of $18,210.

The $18,210 deficit is a projection based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under expenditure in other areas as the Shire progresses through the financial year.

In brief the projected figures in most cases, assumes that the expenditure to 31 May 2019 will 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 generally where a projected under expenditure might occur, the budget is maintained however if an over expenditure is anticipated some offset has occurred.

There has been no emergence of any further issue that has not been recognised in previous reports. To date there is moderate pressure on the Shire of Manjimup’s end of year position, which is typical for this time of year, but at this point those issues can be offset with savings in other areas.

Items that are negatively affecting the end of year carry forward position are:

· Storm Damage (Parks/Works) is projected to be $45,000 over budget. The Storm Damage account has been under pressure since the start of the financial year with multiple early events causing major expenditure. This account has settled down and should be offset with under expenditure in the Roads Maintenance accounts;

· Insurance is projected to be $72,092 over budget. Due to a significant Workers Compensation claim associated costs breached the Shire’s allowable payments cap requiring the $72,092 to cover costs. After this payment the Shire has no existing Workers Compensation cap issues. This over spend will be funded by the Workers Compensation Premium Reserve as per the reserve fund’s purpose; and

· Interest on Investments ($20,000 under budget) – The Shire’s Investment Policy looks to secure funds in very low risk investments so earning acceptable interest in the current environment is very difficult. Maxi Interest accounts that two years ago would generate 2.5 to 3% interest are now generating 0.6%. To offset these reduced rates, Officers juggle cash within a series of “Notice Saver” (self-managed Term Deposits held at Westpac) accounts to try and improve the position but meeting budget may not be possible.

Items that are positively affecting the carry forward position are:

· Application Fees (Planning) is projected to be $28,000 ahead of budget. There has been a sound level of planning activity over the 2018/19 financial year; and

· Road Maintenance is projected to be $25,000 under budget. Initial concerns at the start of the financial year due to the lack of Roads to Recovery funding were that Road Maintenance budgets would be very tight. Fortunately this budget has been managed very well and have stayed within budget. Below is a graph that compares May 2019 to previous financial years.

The items listed above are manageable, in summary there have been no major issues arise in the 11 months of 2018/19 and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2019.

STATUTORY ENVIRONMENT:

Section 6.8 Local Government Act and Financial Management Regulation 34.

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

As described in above summary.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

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

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27872

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

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.3.2 Council Financial Payments May 2019

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	12 July 2019
DECLARATION OF INTEREST:	Nil

Background:

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

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $4,836,768.00 for the month of May 2019 are itemised in the attachment and in the Corporate Credit Card statement listed below.

ATTACHMENT: 9.3.2(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 25 July 2019.

Fund	Vouchers	Amount
Municipal	91926 - 92025	$363,925.24
Trust Fund	3150 - 3155	$81,752.50
Total Cheques for Month of May 2019		$445,677.74

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 25 July 2019.

Fund	Batch	Amount
Municipal	489 – 504	$4,384,823.78
Total EFT for Month of May 2019		$4,384,823.78

Corporate Credit Card May 2019 – Municipal Account

20033.197.57	Equinox Café Lunch DB, CFA & RO – Archival storage investigation		$92.00
452.5101.5003.57	Department of Transport Perth 3 month vehicle registration 1TCA767		$28.95
Various	Westnet Internet services 1/4/19 – 1/5/19		$429.79
453.5016.5003.57	Department of Transport Perth 3 month vehicle registration 9IR191		$34.60
453.5016.5003.57	Department of Transport Perth 3 month vehicle registration 1EVO603		$34.60
20245.198.52	Karrimore Ptt Ltd Full refund of key bond MBS Accommodation		-$100.00
20049.197.57	Manji Meat Mart Pty Ltd 2x Roasts for staff BBQ function		$71.16
20173.197.57	Tall Timbers Staff refreshments – Successful grant application recognition SO		$61.50
20247.196.58	SAI Global Limited 1x BCA 2019 set & 1x BCA & guide set 2019		$828.55
716.62.2480.57	Farmlink Rural Service Manjimup 5x Stormwater pipes with elbows/tees for Brockman street works		$427.90
12.999.499.57	Top Deck Café Walpole Road infrastructure advisory committee – Road Inspections (Lunch)		$188.50
TK192.6.57	Western Power Head Office Application for oversize vehicle		$120.00
54.2943.2281.57	DWER – Water Key clearing permit		$200.00
20412.197.57	Business Base QUPAS100 Binding Machine		$405.00
20030.25.57	Chicken Treat Manjimup 5x Whole cooked Chickens for council		$65.00
20049.197.57	SQ *Southern Roasting Manjimup SMT Breakfast ST:5		$94.50
86.4999.6405.57	Adobe Creative Cloud Creative cloud suite for PRO to design docs		$74.76
20028.144.58	Apple Store Mobile phone accessories		$114.95
20419.144.57	JB Hi Fi 1x iPhone life proof case for MPG		$129.95
20049.197.57	SQ *Southern Roasting Manjimup SMT breakfast meeting ST:6		$79.50
20030.813.57	Golden Wattle Café & B Walpole Council meal ST:1 CNL:2		$24.95
20215.356.57	Target 5599 Geelong 4x New library books for MJP Library		$52.00
20215.356.57	BigW Online 19x New library books for SOM Libraries		$334.90
20215.356.57	BigW Online Credit for “House with a clock” unavailable		-$20.00
20215.356.57	The Chart & Map Shop Fremantle Tall Trees & Tall Tales book for PMB Library		$27.00
20215.356.57	Sanity Web Store 22x new DVDs for SOM Libraries		$538.88
20215.356.57	Booktopia Pty Ltd 36x New library books for SOM Libraries		$812.55
20221.802.58	Shutterstock 5x Image download licences		$55.51
20441.223.57	The Farm Store Australia Bainbridge Burgan & Ball Mulesing Shears		$123.90
150.9571.3240.57	Picture Hanging System Brendale Hanging rail for Ag Shed exhibit		$617.30
20390.198.52	EB *Perth-NDIS Support NDIS Support Coordinator training workshop		$295.00
20390.198.52	EB *Right to belong LG 2x LGBTI Ageing – Aged care training registration		$23.28
Total Credit Card Payments			$6,266.48
Total Payments for the month May 2019		$4,836,768.00

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

As Stated

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during May 2019 totalling $4,836,768.00 as detailed in Corporate Credit Card Statement and Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27873

That Council receive the accounts paid during May 2019 totalling $4,836,768.00 as detailed in Corporate Credit Card Statement and Attachment: 9.3.2(1).

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.3.5 Proposed Lease Portion of Reserve 19552 to The Warren Blackwood Cricket Association Incorporated for Shed and Cricket Nets

PROPONENT	The Warren Blackwood Cricket Association Incorporated
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Lot 783 Collier St, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Business
FILE REFERENCE:	F160773
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	12 July 2019
DECLARATION OF INTEREST:	Nil

Background:

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

The Warren Blackwood Cricket Association have submitted an application to replace the cricket nets and construct a small storage shed as shown on the attached plan.

ATTACHMENT: 9.3.5 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

A lease is proposed as the shed and cricket nets will be permanent structures. The lease will clearly identify ownership, maintenance and insurance responsibilities of The Warren Blackwood Cricket Association.

The Warren Blackwood Cricket Association have an existing lease on Reserve 19552 for a storage shipping container to 23 April 2024. At a later date the two leases may be consolidated and replaced with one lease.

The proposed application includes removing two non-native trees and repositioning the Shire’s boundary gate.

Planning approval and a building permit will also be required.

STATUTORY ENVIRONMENT:

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

Approval from the Minister for Lands is required under Section 18 of the Land Administration Act 1997.

Policy / Strategic Implications:

Strategic plans and the Manjimup Community Recreation Hub Master Plan (Master Plan) guide grant applications, proposed upgrades and lease agreements. The proposed lease to support the cricket association is consistent with the goals and outcomes of these. The Master Plan includes upgrade of the cricket nets at the current location, with potential for a future two additional nets to total four.

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

Organisational risk management:

Nil

Financial Implications:

The lessee will be responsible for the lease preparation fees.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The Warren Blackwood Cricket Association contribute to the variety of sport activities available to the community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council lease portion of Reserve 19552 to The Warren Blackwood Cricket Association Incorporated for the purpose of storage shed and cricket nets, for a term of five years with a renewal option of a further term of five years, at a rental of ten dollars per annum, subject to:

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

b) approval of the Minister for Lands;

c) the lessee obtaining development approval and a building permit prior to commencement of the works; and

d) the lessee being responsible for works and all expenses for relocation of the gate to the satisfaction of the Chief Executive Officer.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27875

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

b) approval of the Minister for Lands;

c) the lessee obtaining development approval and a building permit prior to commencement of the works; and

d) the lessee being responsible for works and all expenses for relocation of the gate to the satisfaction of the Chief Executive Officer.

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.5.1 Proposal for Mine Free Zone - Busselton to Hopetoun

PROPONENT	Anthony Harrison
OWNER	Various
LOCATION / ADDRESS:	Portion of Shire of Manjimup
WARD:	All
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F190013
LEGISLATION:	Environmental Protection Act 1986 Mining Act 1978
AUTHOR:	Brian Robinson
DATE OF REPORT:	28/05/2019
DECLARATION OF INTEREST:	Nil

Background:

Correspondence has been received from a member of the general public, outlining a proposal to establish a “Mine Free” Zone within an area of the South West and Great Southern regions. The area being proposed relates to the majority of the Shire of Manjimup, including all land within the Shire of Manjimup that is:

· West of the South Western Highway; and

· South of the Muirs Highway.

As reflected by the information received, a formal proposal has been lodged with the Environment Protection Authority.

A copy of the correspondence received is shown attached.

ATTACHMENT: 9.5.1(1)

Council is requested to consider the submission so that Shire Officers may formally respond to the proponent and convey the adopted position to the Environmental Protection Authority.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Mining in all of its forms within Western Australia is regulated by a combination of laws, including but not limited to the Mining Act 1978, Land Administration Act 1997, Planning and Development Act 2005 and Environmental Protection Act 1986. Additionally large scale mining operations, are often subject of a “State Agreement Act” approved by Parliament.

Generally speaking, the application of these laws varies depending on the land tenure and the material to be extracted. For example approval under the Mining Act is not required for the extraction of materials such as sand or gravel on private property and a planning approval is not required where a mining tenement has been granted under the Mining Act 1978.

For the 2018 calendar year, Mineral and Energy exports from Western Australia accounted for $131billion or 52% of Australia’s mineral and energy exports.

Should a “mine free zone” be established, mines approved under the Mining Act 1978 would effectively be excluded from those portions of the Shire, irrespective of whether any environmental impacts may result or not. Whilst the intent of the author is understood, mining would be excluded from land that is already cleared of native vegetation with no environmental constraints.

To assist Council in determining this matter, the following goals and strategies contained within the Shires Strategic Community Plan 2019-2029 are highlighted:

1. Natural Environment:

Community Goal 1.1 - Natural landscapes, habitats and resources are sustainably managed for the benefit of existing and future generations.

Strategy A7 Implement measures to protect and enhance the amenity of diversity of the visual landscape.

2. Our prosperity

Community Goal 1.1 – New people and businesses are attracted to the region.

Community Goal 1.3 - The local economy is diversified and supports a range of industries and job opportunities.

Community Goal 1.4 – Industry and development is not hindered by excessive or complex compliance regulations.

Strategy B8 – Advocate for industry and links to intrastate, interstate and global markets and develop relationships that may assist the prosperity of our Region.

As reflected within the above Community Goals and Strategies, the Shire’s Strategic Community Plan seeks to provide a balance between attracting new business and industry, whilst maintaining environmental values. In the author’s opinion, existing legislative requirements are consistent with these goals, requiring significant mining operations to be subjected to detailed environmental assessment.

As a blanket ban on mining within portions of the Shire would effectively prohibit mining, even on land without environmental values, support to the proposal would be contrary to the Shire’s Strategic Community Plan. It is therefore recommended that Council oppose the proposed mine free zone.

STATUTORY ENVIRONMENT:

The submission received relates to mining operations approved under the Mining Act 1978.

Policy / Strategic Implications:

Should a “Mine Free” Zone be established as proposed, it would not be possible for land within the Shire of Manjimup to be considered for mining operations regulated under the Mining Act 1978, irrespective of the merit of the proposal.

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: A “mine free zone” as proposed would prevent land for being used for such purposes even in cases potential environmental impacts can be appropriately negated or managed.

Economic: The establishment of a “mine free zone” covering portion of the Shire would un-necessarily constrain the establishment of new mines and associated industry.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Not support the submission for the portions of the Shire of Manjimup as a “mine free zone” as proposed within Attachment: 9.5.1(1);

2. Advise the author of the submission contained at Attachment: 9.5.1(1) that the Shire of Manjimup is satisfied that any proposal for a mine within the Shire of Manjimup will be adequately assessed in respect of the potential for environmental impacts through the current statutory environment.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27876

That Council:

1. Not support the submission for the portions of the Shire of Manjimup as a “mine free zone” as proposed within Attachment: 9.5.1(1);

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.5.3 Proposed Pylon Sign on Lot 783 (Reserve 19552) Collier Street, Manjimup

PROPONENT	Tigers Football & Sporting Club Inc
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 783 (Reserve 19552) Collier Street, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/85; P55587
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	28 June 2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for the establishment of a Pylon Sign on Lot 783 (Reserve 19552) Collier Street, Manjimup. A location plan is shown below.

Location Plan

Lot 783 (Reserve 19552) is located on Johnson Street and is bounded by Collier Street to the west, an ungazetted road to the east, has an area of 40.1ha and is part of the Rea Park and Collier Recreation Complex.

Approval is being sought for a 4.2 metre high, 3 metre wide and 150mm deep double sided Pylon Sign, advertising ‘Welcome to Rea Park’ and ‘Thank You for Visiting’. The draft design of the sign also includes space for logos for the other clubs operating from the park and the football club’s sponsors. A copy of the submitted plans are attached.

ATTACHMENT: 9.5.3(1)

The application is referred to Council for determination as the proposed Pylon Sign requires a variation to the height and area requirement identified by Local Planning Policy LPS4.1.4 Advertising Devices (Signage and Flags) (the Policy).

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Scheme for a 14 day period with correspondence being sent to the adjoining landowners.

At the time of writing this agenda item, no public submissions had been received. Should any submissions be received following publication of the agenda, they will be presented to Council for consideration. Comments close 17 July 2019.

COMMENT (Includes Options):

The provisions of the Local Planning Scheme No. 4 (the Scheme) include the subject property within a Local Reserve for parking and recreation.

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

Matters to be Considered

Clause 10.2 of the Scheme requires that in determining application for development approval, the local government is required to have regard to various matters, including by 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;

(vii) in the case of land reserved under the Scheme, the ultimate purpose intended for the reserve;

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

These matters are addressed within the sections below.

The Scheme

The application has been assessed against clause 3.4 ‘Use and Development of Local Reserves’ which states that in determining an application for planning approval, the local government is to have due regard to:

(i) The matters set out in clause 10.2; and

(ii) The ultimate purpose intended for the reserve.

With regard to point (ii) above, the lot is reserved for ‘Recreation’ as its ultimate purpose. The pylon sign will assist the clubs by welcoming patrons and by advertising the club’s sponsors.

As prescribed by clause 5.29 of the Scheme, advertising signs require prior development approval, unless they are identified as exempt under Schedule 15.

Council adopted Local Planning Policy LPS4 6.1.4 Advertising Devices (Signage and Flags) on 13 June 2019 in order to guide officers in assessing applications for Advertising Signage. The Policy defines a Pylon Sign to be supported by one or more piers or columns of brick, stone concrete, timber or steel of sufficient size and strength to support the sign under all conditions and includes a detached sign framework supported by one or more supports to which sign infills may be added.

The proposed sign complies with the Advertising Devices Policy, with the exception of a matter relating to the height and size of the sign. Further guidance is provided below to assist Council in determining the application.

LPS4 6.1.4 Advertising Devices

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

a) Not have any part thereof less than 2.4m or more than 6m above the level of the ground immediately below it;

b) Not exceed 4.5m² in area.

Plans submitted in support of the application detail that the sign is to be constructed inside the main gate of Rea Park Complex with a setback of 3 metres from the front boundary. The pylon sign is proposed to have a height of 4.2 metres in total with the advertising area being 2.4 metres in height, 3 metres in width and 1.8 metres to the underside of the sign.

As stated above the Policy specifies a sign is not to have any part thereof less than 2.4 metres above the ground immediately below it. Although the sign is not proposed to be near a pedestrian walkway, pedestrians have been known to walk throughout the park in various directions during public events and therefore the height to the underside of the sign should be revised to reflect the policy requirements to mitigate the risk. A condition has been recommended to this effect.

The size of the sign is to be 2.4 metres by 3.0 metres (7.2m²) in area and this is in excess the 4.5m² permitted area. This is a 60% variation to the Policy. The variation to the area of the sign is supported given the proposed location is within a large public open space with a property boundary of 250 metres in this location. The sign at 3.0 metres width, is 1% of the length of the boundary and will not a detrimental impact on the adjacent landowners.

The draft graphic design includes some incorrect information relating to the management of Rea Park, although the grounds fall under a management order to the Shire of Manjimup, the grounds are managed by the lease holders. Therefore it is recommended that revised plans be requested as part of the final design.

Conclusion

Conditional approval is recommended for the variation to the height and size of the pylon sign as it will not have a detrimental impact on the adjacent landowners and will not pose a risk to the general public.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Compliance with Local Planning Policy LPS4 6.1.4 - Advertising Devices (Signage and Flags) is detailed above.

Organisational risk management:

Nil.

Financial Implications:

In accordance with Local Planning Policy 6.1.1 - General Applications for Planning Consent, the Chief Executive Officer has waived the development application fee for a sporting group.

Sustainability:

Environmental: Nil.

Economic: The proposed sign will be funded by sponsors of the football club who in turn will be named on the sign.

Social: Local sporting groups are an integral part of the community and culture of regional local governments.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval for the Advertisement (Pylon Sign) on Lot 783 (Reserve 19552) Collier Street, Manjimup (TP79/2019) in accordance with the submitted plans as shown at Attachment 9.5.3(1) and subject to the following conditions:

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

Reference	Document Title	Date Received
1	Sign Location	27 May 2019
2	Sign Details	27 May 2019

b) The proponent submitting finalised graphic design details and signage dimensions with the following amendments:

i. The correct spelling for Rea Park;

ii. A ground clearance of 2.4 metres to the underside of the sign; and

iii. Remove ‘Managed by’ before the Shire of Manjimup’s logo

c) The advertisement the subject of this approval is to be constructed of incombustible materials to the satisfaction of the Shire of Manjimup.

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

3. Advises the applicant that:

a) a Building Permit is required to be obtained; and

b) any future lighting of the sign will be subject to a separate application process.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27877

That Council:

Reference	Document Title	Date Received
1	Sign Location	27 May 2019
2	Sign Details	27 May 2019

b) The proponent submitting finalised graphic design details and signage dimensions with the following amendments:

i. The correct spelling for Rea Park;

ii. A ground clearance of 2.4 metres to the underside of the sign; and

iii. Remove ‘Managed by’ before the Shire of Manjimup’s logo

c) The advertisement the subject of this approval is to be constructed of incombustible materials to the satisfaction of the Shire of Manjimup.

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

3. Advises the applicant that:

a) a Building Permit is required to be obtained; and

b) any future lighting of the sign will be subject to a separate application process.

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.5.5 Delegated Planning Decisions for June 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:	3 July 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 June 2019 is attached.

ATTACHMENT: 9.5.5(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 June 2019, fourteen (14) 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 June 2018 compared to June 2019:

Table 1: Planning Decisions Made June 2018 and 2019

	June 2018	June 2019
Delegated Decisions	7 ($603,895)	14 ($609,444)
Council Decisions	1 ($25,000)	2 ($265,000)
Total	8 ($628,895)	16 ($874,444)

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	138 ($20,903,917)	126 ($11,419,636)
Council Decisions	62 ($9,394,264)	49 ($15,637,300)
Total	200 ($30,298,181)	175 ($27,056,936)

STATUTORY ENVIRONMENT:

The Scheme is a Local Planning Scheme, prepared and adopted 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 June 2019 as shown at Attachment: 9.5.5.(1)

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27878

That Council receives the report on Delegated Development Approvals for June 2019 as shown at Attachment: 9.5.5.(1)

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.5.6 Proposed Local Planning Policy 6.1.23 Container Deposit Infrastructure

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	8 July 2019
DECLARATION OF INTEREST:	Nil

Background:

The Western Australian Government has implemented a Container Deposit Scheme (CDS) to complement existing kerbside recycling services. The CDS provides for a refund to be paid to any person who returns an eligible beverage container through the scheme. The CDS operates by the return of containers via various container return points.

The CDS is not intended to collect normal household waste. The role of Statutory Planning in the implementation of the CDS is to ensure that the infrastructure required to facilitate the scheme is established in appropriate locations.

There are broadly five types of CDS infrastructure required to facilitate the return of containers in Western Australia. These are:

· Container collection cages are generally for donation points rather than refund points and will likely be located in association with schools, sporting or other clubs for fundraising purposes.

· In shop/over-the-counter/bag drop return points are likely to be located within existing lawful retail outlets or shops not requiring additional approvals.

· Reverse vending machines will be permanently located and unattended. These facilities accept the return of beverage containers in exchange for a refund and come in various sizes. Reverse vending machines are likely to be located in shopping centres or other public areas. Larger vending machines would be mounted onto storage structures such as sea containers located near existing commercial or industrial premises.

· Container deposit recycling centres will generally only accept, store and sort materials collected and will service a significantly larger turnover of customers and have greater storage demand than over the counter bag drop facilities.

· Large scale facilities include uses such as resource recovery centres or waste storage facilities.

In May 2019, the Department of Planning Lands and Heritage (DPLH) produced a position statement on CDS infrastructure and encouraged local governments to adopt a local planning policy to ensure exemptions for specified CDS infrastructure where consistent with development standards. The position statement is shown attached.

ATTACHMENT: 9.5.6(1)

In May the State Government also announced that it had chosen a co-ordinator for Western Australia’s container deposit Scheme. The Co-ordinator has been appointed for seven years and is to meet set recycling targets. One of its first tasks is to run an open application process to establish the network of collection points across the state. The Minister for Environment has commented that “there will be at least one refund point in every remote town with 500 people or more”.

Council is requested to consider approving draft Local Planning Policy 6.1.23 – Container Deposit Infrastructure (the draft Policy) for the purpose of advertising it for public comment. A copy of the draft Policy is shown attached.

ATTACHMENT: 9.5.6(2)

PUBLIC Consultation Undertaken:

DPLH has stated that where a local government resolves to adopt the model local planning policy as provided in its position statement, without modification, advertising would not be required. As local modifications have been applied, public consultation is proposed in accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme).

COMMENT (Includes Options):

Local Planning Policies are guidelines incorporated into the Scheme and 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 within the Scheme area. Once adopted by Council the Policies are used to guide both applicants and the local government through the decision making process.

The introduction of the draft Policy will ensure development standards and appropriate exemptions are in place to facilitate the availability of CDS infrastructure within the Scheme area. The model local planning policy has been modified to:

· reflect the Shire of Manjimup land use zones and regional parking standards;

· equally protect short stay accommodation as well as residential; and

· to not require a land owner to provide bins for non-recyclable waste collection.

Endorsement of the draft 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 2019-2029:

A11. Support initiatives to curtail or prosecute littering, pollution and unauthorised clearing of vegetation.

A15. Continue to diversify waste management options and encourage waste avoidance, reduction, reuse and recycling.

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

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: When operational the draft policy will enable CDS infrastructure to be developed and in turn encourage a recycling of beverage containers for refund.

Economic: the CDS is estimated to create additional employment opportunities as well as provide a refund back to the general public for recycling efforts.

Social: Local community groups and schools will have the opportunity to collect recyclables for fundraising.

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. 6.1.23 – Container Deposit Infrastructure, as contained in Attachment 9.5.6(2), 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. 6.1.23 – Container Deposit Infrastructure following close of advertising referred to in point 1 above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27879

That Council:

2. Await a further report on the draft Local Planning Policy No. 6.1.23 – Container Deposit Infrastructure following close of advertising referred to in point 1 above.

ADOPTED BY EN BLOC RESOLUTION: 8/0

9.12.2 Proposed Closure of a Portion of Iredell Road, Beedelup

PROPONENT	Karragullen Cool Storage Pty Ltd
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Iredell Road, Beedelup
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Works & Services
FILE REFERENCE:	F190206
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Catherine Mills
DATE OF REPORT:	14/06/2019
DECLARATION OF INTEREST:	Nil

Background:

Council has received a request to close a portion of the unsealed constructed Iredell Road, Beedelup. The subject portion adjoins Lots 1, 2 and 50 Etherington Road. The image below shows the location plan of Iredell Road Reserve.

It is the proponents intent to amalgamate the closed portion of Iredell Road with the adjoining land parcels including Lots 1, 2, 50, 452 and 5283, thus making one large lot.

A subdivision application has been made in conjunction with this road closure request, seeking to amalgamate the existing lots to enable the closure of Iredell Road. At the time of writing this report, the subdivision and amalgamation application is in process with the Western Australian Planning Commission (WAPC), with the Shire supporting the application subject to two conditions:

· The landowner/applicant shall provide a written undertaking to the satisfaction of the Western Australian Planning Commission to advise prospective purchasers of the provisions of the local government's local planning scheme that relate to the use and management of the land.

· A notification, pursuant to Section 165 of the Planning and Development Act 2005, is to be placed on the certificate(s) of title of the proposed lot(s) with a Bushfire Attack Level (BAL) rating of 12.5 or above, advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

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

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

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

The image below shows the portion of Iredell Road proposed to be closed and subsequently amalgamated into one large lot pending WAPC approval. Though the road is currently a constructed unsealed road, it is not constructed to Shire or Ausroads standard.

If the proposed subdivision and amalgamation of Lots 1, 2, 50, 452 and 5283 Etherington Road, previously supported by the Shire is approved (and subsequently cleared), any land lock issues in the area will be eliminated.

Therefore, it is recommended that Council resolve to approve closure of the portion of Iredell Road reserve to facilitate the amalgamation with adjoining land parcels into one large lot pending WAPC approval.

Pending Council approval, 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, Planning and Heritage for finalisation, with a Council recommendation that 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 33,180m².

Organisational risk management:

Nil

Financial Implications:

There are no financial implications for Council. The progression of the road closure is on the basis that the proponent pays all fees and assumes all the associated costs including survey fees. The Shire’s fee for this process is $990 and has been paid by the proponent. Future sale of the closed portion of 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. Advise the applicant that it is prepared to support the closure of the portion of constructed road reserve adjoining Lots 1, 2 and 50 Etherington Road, Beedelup;

2. Approve the public consultation of the proposed Iredell Road Reserve closure and amalgamation into Lots 1, 2, 50, 452 and 5283, in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

3. Subject to no objections being received in response to the advertising referred to in point 2 above, grant delegated authority to the Chief Executive Officer to forward a request to the Minister for Lands for approval to close that portion of constructed road reserve adjoining Lots 1, 2 and 50 Etherington Road, Beedelup in accordance with clause 58(1) of the Lands Administration Act 1997;

4. Indemnify the minister for Lands against any claim for compensation resulting from the proposed road closure outlined in point 3 above; and

5. Be provided with a new agenda report should objections or notable comments be received as a result of the public consultation.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27881

That Council:

1. Advise the applicant that it is prepared to support the closure of the portion of constructed road reserve adjoining Lots 1, 2 and 50 Etherington Road, Beedelup;

4. Indemnify the minister for Lands against any claim for compensation resulting from the proposed road closure outlined in point 3 above; and

5. Be provided with a new agenda report should objections or notable comments be received as a result of the public consultation.

ADOPTED BY EN BLOC RESOLUTION: 8/0

The following Councillors all declared an Impartiality Interest in this Item for the following reasons. Councillor Salomone as she is the Treasurer of Southern Forest Healthy Communities. Councillor Omodei as he is a member of Pemberton Heritage and History Group, Pemberton Mill Hall Committee, Pemberton Aged Accommodation Group, Patron of Warren District Agricultural Society and Cherry Harmony Festival and Member of the Pemberton Sports Club and his son has an office in Brockman Street, Manjimup. Councillor Winfield as he is a member of the Smith Brook Fire Brigade. Councillor Herbert as he is a member of the Aged Accommodation Pemberton. Councillor Ventris as his wife is a member of the Mill Hall Committee and Heritage and History Group. All of the above Councillors declared that they would consider the matter on its merits and vote accordingly.

ATTACHMENT

9.1.2 Adoption of 2019/20 Annual Budget

PROPONENT	Chief Executive Officer
OWNER	N/A
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	Whole Shire
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160192
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell; Greg Lockwood
DATE OF REPORT:	10/07/2019
DECLARATION OF INTEREST:	Authors are employees of the Shire of Manjimup and own property in the Shire of Manjimup.

Background:

The 2019/20 Annual Budget Document is tabled for Council’s consideration and adoption.

DOCUMENT TABLED

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Council has provided significant input and review of the 2019/20 Annual Budget through the following processes:

· Shire of Manjimup Strategic Community Plan 2019-2029;

· Shire of Manjimup Corporate Business Plan 2019-2023; and

· A program of Council information briefing sessions between March and July 2019.

Contained in the front section of the 2019/20 Annual Budget is a “Budget Overview” providing a summary of the main components of the budget including graphical presentation of trends over recent years.

Rate Rise

It is proposed that the average general rate rise across the district is 3.38%. The Valuer General assessed Shire of Manjimup Unimproved Value (UV) properties as at 1 July 2019. This revaluation has seen an overall increase to the UV data base of approximately 0.2%. The Shire of Manjimup’s 2018/19 UV rate in the dollar has been adjusted down to reflect these value changes, and then the 3.38% rate rise was applied to the reduced rate in the dollar for 2019/20.

The Valuer General did not undertake a revaluation of Shire of Manjimup Gross Rental Value (GRV) properties as this occurs every 4 years and GRV properties were assessed 1 July 2018. The only variations to GRV valuations will be due to individual development on properties or some form of significant change that would affect the overall valuation.

Council Rating Policy

A special rate concession continues to be applied to Clubs and Sporting Groups so that only the licensed portion of their property is rated. The total amount of concessions proposed to be granted is $49,209.10. A rates exemption is proposed to be applied to disclaimed titles within the Warren River Resort, this exemption is only temporary until land tenure is finalised with the State Government. Including the Warren River Resort, rate waivers total $21,011.68 in 2019/20. Details of which are contained within the attachment.

ATTACHMENT: 9.1.2(1)

Fees & Charges

Waste Collection Fees and Charges have been reviewed as part of the budget process with increases averaging 2.4% across all bin types. Other Fees and Charges for 2019/20 were adopted on the 13 June 2019 effective 1 July 2019. The 2019/20 budget will readopt those Fees and Charges, with some minor amendments required to meet legislative changes as well as the inclusion of Windy Harbour Lease Fees.

Reserves

The 2019/20 Annual Budget does not propose to create any new reserves or change the purpose of any of the current reserve accounts.

Loan Funds

The 2019/20 Annual Budget proposes three loans. They are:

· $175,000 for purchase and installation of Air Source Heat Pumps at the Manjimup Regional AquaCentre (Carry Forward from 2018/19);

· $500,000 for a Solar CBD Project and Electrical Works Brockman St (Carry Forward from 2018/19); and

· $140,000 for an Archive Storage Building at the Manjimup Depot.

The Loan that formed part 2018/19 adopted budget for $500,000 - CBD Solar Efficiency Project, is proposed to have a change of purpose to “Solar CBD Project and Electrical Works Brockman St”.

STATUTORY ENVIRONMENT:

Adoption of the budget

Section 6.2 of the Local Government Act 1995 requires a Local Government to prepare and adopt an annual budget for the financial year 1 July to 30 June each year but with the adoption being no later than the 31 August in that financial year.

Granting of a discount for early payment

Section 6.46 of the Local Government Act 1995 “Discounts” is applicable. As with previous years, it is proposed that for the 2019/20 budget, no early payment discounts apply.

Granting of rate concessions

Section 6.47 of the Local Government Act 1995 “Concessions” prescribes circumstances where concessions and waivers can be applied. Concessions are proposed for “Clubs and Sporting Groups licensed premises concession” to a total of $49,209.10. Waivers are proposed to be applied to the previously endorsed “not for profit” groups as well as the inclusion of waivers for disclaimed titles at the Warren River Resort totalling $21,011.68.

Policy / Strategic Implications:

Various strategic initiatives identified in the Shire of Manjimup Strategic Community Plan 2019-2029 and underlying documents are included in the 2019/20 Annual Budget. These initiatives are outlined in the “Budget Overview”.

Organisational risk management:

Adoption of the 2019/20 Annual Budget reduces financial risk to the organisation by clearly articulating what the Shire of Manjimup’s priorities are for the coming 12 months and how rates money is to be expended in achieving those priorities.

Financial Implications:

The financial implications of the 2019/20 budget are summarised in the budget overview, with further details provided in the budget document.

Rate in the dollar

The proposed rates in the dollar to be applied are:

2019/20 Proposed

cents / $

2018/19 Actual cents / $

Difference

cents / $

GRV

9.34790

9.04100

0.30690 increase

0.74658

0.72207

0.02451 increase

Total rates to be raised

The 2019/20 Annual Budget seeks to raise the following rates:

Gross rates to be raised	$9,738,599
Less Concessions granted for clubs & sporting groups	($70,221)
Net Rates to be raised	$9,668,378
Add Interims anticipated to be raised resulting from subdivisions	$30,000
Total Rates to be raised 2019/20 Annual Budget	$9,698,378

After allowing for real growth in the rate base of $15,025 it represents an increase of 3.38% over last year.

Minimum rates will increase from $923 to $955 being a rise of $32 from 2018/19 to 2019/20 and increase of 3.38%.

Sustainability:

Environmental: The proposed 2019/20 Annual Budget endeavours to financially support key environmental initiatives and components of the operations of the Shire of Manjimup.

Economic: Sound financial management and accountability is the fundamental component of economic sustainability. The proposed 2019/20 Annual Budget delivers a sustainable and responsible economic outcome on behalf of Council.

Social: Local Government is a foundation of local community governance in Australia and sound financial management is required to execute responsibilities to the social betterment of the district.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1. Adopt the 2019/20 Annual Budget as tabled and set the following rates, discounts, instalments and interest for the 2019/20 financial year:

a. General Rates

(i) Gross Rental Value 9.34790 cents in the dollar

(ii) Unimproved Value 0.74658 cents in the dollar

b. Minimum Rates

(i) Gross Rental Value $955

(ii) Unimproved Value $955

(iii) Department of Biodiversity, Conservation & Attractions Dam Leases $50

(iv) Department of Biodiversity, Conservation & Attractions Grazing Leases $100

c. Discounts

That no rate discount be provided on 2019/20 rates.

d. Due Date and Instalments

The due date for payment of rates shall be 9 September 2019.

Ratepayers will be offered the option of paying their general rates only by four instalments and that the following additional charges will apply on the second (2nd), third (3rd), and fourth (4th) instalments:

Interest 4.5%

Administration Charge - $8.60 for each instalment totalling $25.80

Further that the instalment due dates are as follows:

1st instalment - Due 9 September 2019

2nd instalment - Due 15 November 2019

3rd instalment - Due 20 January 2020

4th Instalment - Due 23 March 2020

e. Late Payment Interest

That a late payment interest charge of 9.0%* be applied to outstanding moneys to Council as follows:

· Commence accruing daily (simple interest calculation) thirty five (35) days after the date stated on the account as being the due date the account was issued.

· Late payment interest is to apply to all general rates, rubbish and waste management rates, Windy Harbour Lease fees, and sundry debtors.

*Pensioners and Seniors are exempt from penalty interest.

2. Provide in accordance with Section 6.47 of the Local Government Act 1995, rating concessions to rates levied on sporting and social clubs so as to effectively only rate the licensed area, in addition to rate waivers for premises previously approved by Council, as specified in Attachment : 9.1.2(1)

3. Adopt the following waste collection fees and charges for the 2019/20 financial year:

Rubbish Bin Collection Service

240Litre Bin Collection; per bin $390.00

240Litre Pensioner Bin Collection; per bin $288.00

140Litre Bin Collection; per bin $226.00

140Litre Pensioner Bin Collection; per bin $171.00

240Litre Recycling Bin Collection; per bin $105.00

240Litre Pensioner Recycling Bin Collection; per bin $76.00

360Litre Recycling Bin Collection; per bin $125.00

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Ventris, M

27885

That Council:

PART A

1. Adopt the 2019/20 Annual Budget as tabled with the exception of the following items:

· All capital, operational items and Lease Fees relating to Windy Harbour;

· All capital and operational items relating to the Northcliffe Library and Northcliffe Visitor Centre building;

· 2019/20 Community Grants;

· Occupational Health & Safety - Staff Vaccinations;

· Trail Bike Hub Seed Funding;

· Warren Blackwood Stock Route;

· Drainage Works Rose Street;

and set the following rates, discounts, instalments and interest for the 2019/20 financial year:

a. General Rates

(i) Gross Rental Value 9.34790 cents in the dollar

(ii) Unimproved Value 0.74658 cents in the dollar

b. Minimum Rates

(i) Gross Rental Value $955

(ii) Unimproved Value $955

(iii) Department of Biodiversity, Conservation & Attractions Dam Leases $50

(iv) Department of Biodiversity, Conservation & Attractions Grazing Leases $100

c. Discounts

That no rate discount be provided on 2019/20 rates.

d. Due Date and Instalments

The due date for payment of rates shall be 9 September 2019.

Interest 4.5%

Administration Charge - $8.60 for each instalment totalling $25.80

Further that the instalment due dates are as follows:

1st instalment - Due 9 September 2019

2nd instalment - Due 15 November 2019

3rd instalment - Due 20 January 2020

4th Instalment - Due 23 March 2020

e. Late Payment Interest

That a late payment interest charge of 9.0%* be applied to outstanding moneys to Council as follows:

· Commence accruing daily (simple interest calculation) thirty five (35) days after the date stated on the account as being the due date the account was issued.

· Late payment interest is to apply to all general rates, rubbish and waste management rates, Windy Harbour Lease fees, and sundry debtors.

*Pensioners and Seniors are exempt from penalty interest.

3. Adopt the following waste collection fees and charges for the 2019/20 financial year:

Rubbish Bin Collection Service

240Litre Bin Collection; per bin $390.00

240Litre Pensioner Bin Collection; per bin $288.00

140Litre Bin Collection; per bin $226.00

140Litre Pensioner Bin Collection; per bin $171.00

240Litre Recycling Bin Collection; per bin $105.00

240Litre Pensioner Recycling Bin Collection; per bin $76.00

360Litre Recycling Bin Collection; per bin $125.00

MOTION carried 7/1

FOR	AGAINST
Cr L Daubney	Cr J Salomone
Cr W Eiby
Cr V Herbert
Cr P Omodei
Cr D Tapley
Cr M Ventris
Cr C Winfield

Councillor Daubney declared a Financial Interest in this Item as she is the leaseholder of Site 114 Windy Harbour. Councillor Daubney did not speak or vote on the matter and left the Chamber at 6.53pm.

PART B

Council Resolution:

Moved: Omodei, P Seconded: Eiby, W

27886

That Council:

Adopt all capital, operational items and Lease Fees relating to Windy Harbour as contained in the Tabled 2019/2020 Annual Budget.

CARRIED: 7/0

Councillor Daubney returned to the Chamber at 6.54pm.

Councillor Eiby declared a Financial Interest in this Item as she is the Manager of Northcliffe Visitor Centre, President of the Southern Forests Photography Club and Secretary of Southern Forests Healthy Communities. Councillor Eiby did not speak or vote on the matter and left the Chamber at 6.54pm.

PART C

Council Resolution:

Moved: Omodei, P Seconded: Daubney, L

27887

That Council:

Adopt all capital and operational items relating to the Northcliffe Library and Northcliffe Visitor Centre building and the 2019/2020 Community Grants Program as contained in the Tabled 2019/2020 Annual Budget.

CARRIED: 7/0

Councillor Eiby returned to the Chamber at 6.55pm.

Councillor Salomone declared a Financial Interest in this item as she is an employee of Department of Biodiversity, Conservation and Attractions, Parks and Wildlife and her fiancé is co-owner and partner of Southern Forest Medical Centre and part-owner of the Southern Forest Medical Centre property. Councillor Salomone did not speak or vote on the matter and left the Chamber at 6.55pm.

PART D

Council Resolution:

Moved: Omodei, P Seconded: Tapley, D

27888

That Council:

Adopt the Trail Bike Hub Seed Funding, Warren Blackwood Stock Route, Occupational Health and Safety Staff Vaccinations and Drainage Works Rose Street as contained in the Tabled 2019/2020 Annual Budget.

CARRIED: 7/0

Councillor Salomone returned to the Chamber at 6.56pm

Councillor Daubney declared a Financial Interest in this Item as she is the Sales Representative for Harcourts Manjimup. Councillor Daubney did not speak or vote on the matter and left the Chamber at 6.56pm.

9.5.2 Proposed Sale of Property - No 7 (Lot 329) Blackbutt Drive, Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	No 7 (Lot 329) Blackbutt Drive, Manjimup
WARD:	Central
ZONE:	Residential (R12.5)
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170166 & P55892
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	11/06/2019
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup is the owner of the subject land, being an 819m² residential allotment on the eastern side of Blackbutt Drive, being approximately 60m south of Karri Street as shown on the location plan below.

Location Plan

The site is developed with a single storey brick and tile dwelling, comprising 4 bedrooms, 1 bathroom and two toilets with a single garage under the main roof, which has been utilised by the Shire to provide employee housing.

As the dwelling was originally constructed in 1989/1990, the asset is now 30 years old. Given its age, significant funds are required to address maintenance issues and bring the home up to today’s standards. Rather than expend these funds, Council is requested to consider disposing of the asset.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

To assist Council in considering this matter, the following advice is offered:

Required Maintenance

As with all Shire owned properties, when tenanted the subject property is regularly inspected and minor maintenance carried out as required. Given the age of the home and dated decor, there are now numerous significant items now requiring attention. The following is a list of the primary issues:

· The existing gutters are in need of replacement;

· The entire home needs repainting;

· Cabinetry in kitchen requires replacement and/or significant updating;

· The oven and stove top require replacement;

· A replacement shower screen and re-tiling of bathroom are required;

· Repairs to doors, including replacement of the front door;

· A retaining wall in the backyard requires replacement; and

· The tiled roof is requires attention.

Preliminary estimates indicate that it would cost appropriately $50,000 to complete this work and bring the property up to a suitable standard.

Occupancy Rates

The property has traditionally been used to provide housing for Shire employees with a particular emphasis on executive officers. The last executive officer to occupy the home vacated in March 2016.

Since that time, the home has been occupied twice, with the first being a six week tenancy expiring in December 2017 and the second being six month tenancy that expired in June 2018. The home has now been vacant for a period of over 12 months.

The current state of the property makes it a less attractive housing option for future employees.

Rental Income

Previously the property has been rented to employees at 10% less than market value, being at a rate of $290 per week. Whilst a formal rent review would be required to confirm it, it is anticipated that the rental value is likely to have reduced given the maintenance currently required.

Sales Value

A sales valuation of the property has been completed by Harcourts Manimup and District Office, which has identified that as it stands the property would have a maximum value of around $300,000. This relatively low value is due to current market conditions and the aged nature of the home and its fixtures.

Through discussion with the Principal of Harcourts it has been identified that injection of an additional $50,000 into the property is unlikely to see a comparative increase in the property valuation in the current market. It is therefore recommended that consideration be given to sale of the property.

Benefits of Asset Renewal

By disposing and/or replacing ageing assets that are becoming high maintenance, the Shire will incur reduced maintenance costs.

Method of Sale

As elected members are aware within the housing market, there are two primary ways of offering a property for sale, being by Auction or by way of an offer and acceptance. In order to comply with the requirements of the Local Government Act 1995, as outlined within the Statutory Environment Section below, it is recommended the following steps be taken to dispose of the property:

a) Seek quotes from local estate agents in respect of an auction;

b) Offering the property for sale by set date auction, with a reserve price; and

c) Failing the sale of the property by auction in accordance with point (b), proceed to offer the property for sale on the open market.

In accordance with clause 30(2a) of the Local Government (Functions and General) provisions, should the property fail to meet an identified reserve price at auction, there will no requirement to advertise the proposed purchase arrangements, provided the property is sold within six months of the auction date.

Need for Housing

Historically Shire owned housing has provided significant benefits to the ongoing operation of the Shire by providing:

i) a home of a suitable standard for the accommodation of the Chief Executive Officer and/or executive employees;

ii) a suitable form of housing for the accommodation of other contracted employees that are seeking a secure form of tenancy for the duration of their contract;

iii) an initial home for a new employee first arriving in town, providing them accommodation, whilst seeking a more permanent form of accommodation; and

iv) emergency accommodation for employees.

By ensuring that suitable housing options exist for future employees, the Shire positions itself as an “Employer of Choice”.

Whilst the properties are vacant from time to time, offering the properties for rental on the open market would significantly restrict the Shire’s ability to make the housing available for employees.

Other Shire Housing

In addition to the subject property, the Shire owns Lot 343 being a 2,367m² property on the corner of Leman and Arnott Streets. Lot 343 is developed with three homes, comprising of:

i) a duplex located fronting Leman Street with each unit comprising three bedrooms and one bathroom, being built in 1994; and

ii) a four bedroom, one bathroom home with a double carport under the main roof, located facing Arnott Street. This home was built in 1984.

The Arnott Street home was traditionally used to house the Chief Executive Officer. Whilst in slightly better condition than the subject property, the home on Arnott Street also requires significant maintenance upgrades and is no longer considered a suitable standard to provide housing for a future Chief Executive Officer.

In addition to the homes on Lot 343, the Shire also has care and control of the “Infant Health” Clinic building on the corner of Moore and Rutherford Street. Having been used for a range of uses previously, including housing, this building is currently vacant and also in need of significant maintenance/upgrades. Being located on crown reserve (being part of the Manjimup Recreation Reserve), this is not a saleable asset.

Although the building could be considered for a range of uses, significant maintenance is also required. It is also considered that the property has limited appeal in terms of its use as a residential property, but could be suitable for employee housing if some maintenance/upgrades were completed.

Potential Use of Funds

Should Councillors elect to proceed with the sale of the Blackbutt Drive property, there is potential for the funds to be used:

a) for maintenance/upgrades to the remaining housing stock or other assets held by the Shire; and/or

b) towards the construction of new employee housing.

Once the property has been sold, it is recommended that further consideration be given to the use of the resultant funds, as follows:

i) portion of the funds being used to fund maintenance works/upgrades to the Infant Health Clinic;

ii) potential subdivision of Lot 343 to facilitate the sale of the Arnott Street home and/or the existing duplex;

iii) funds raised from the sale of further assets in accordance with point (ii) be used to construct new housing stock.

Council will be requested to further consider the above matters following the disposal of the subject land.

STATUTORY ENVIRONMENT:

In accordance with clause 3.58(2) of the Local Government Act 1995 a local government can only dispose of property to:-

a) The highest bidder at a public auction; or

b) The person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

Pursuant to clause 3.58(3) a local government asset can be disposed of by methods other than described above, if before agreeing to dispose of the property it gives public notice of the sale and the details of the transaction.

As detailed in clause 30(2a) of the Local Government (Functions and General) Regulations 1996, the requirements to give notice of a proposed disposal do not apply where the property is disposed of within six (6) months of an auction.

Policy / Strategic Implications:

Although the disposal and/or potential renewal of accommodation owned by the Shire is not the subject of specific recommendations contained within the Shire of Manjimup Strategic Community Plan 2019-2029 nor the Shire’s Strategic Business Plan 2019-2023, it is generally consistent with the following recommendations contained within these plans:

B15 – Providing development opportunities; and

D4 – Development and maintenance of community owned infrastructure.

Organisational risk management:

Currently the Shire is the owner of four dwellings used for employee accommodation. Disposal of the asset as proposed will reduce the potential for the Shire to be exposed to increase costs associated with the maintenance and improvement of the property.

Financial Implications:

Should Council elect not to sell the subject property, significant funds will need to be identified to allow sufficient maintenance to be completed, returning the home to a suitable standard for the accommodation of employees.

Sustainability:

Environmental: Nil

Economic: As highlighted in the comment section above, the renewal of housing assets will re-enforce the Shires ability to attract high quality executive and other employees. The construction of new housing would also result in opportunities for local business and employment in the housing industry.

Social: Any new employee housing could be constructed to a suitable standard to ensure that disability friendly accommodation options are available.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Having regard to the age of the existing home and the maintenance required on No 7 (Lot 329) Blackbutt Drive, Manjimup proceed with the disposal of the property;

2. Authorise the Chief Executive Officer to seek quotes and appoint a local real estate agent with the view to offering for sale by auction in accordance with section 3.58(2) of the Local Government Act 1995;

3. Proceed to offer for sale by way of an auction, No 7 (Lot 329) Blackbutt Drive, Manjimup with a reserve price of to be set on the basis of the commercial value of the property as determined by a qualified valuer;

4. Authorise the Chief Executive Officer to proceed to list the property for sale for a period of six (6) months through local real estate agents, in the event that the auction fails to reach the reserve price identified in point No 3 above.

5. await a further agenda item on the disposal of the subject land pending compliance with points 1 to 4 above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

27890

That Council:

1. Having regard to the age of the existing home and the maintenance required on No 7 (Lot 329) Blackbutt Drive, Manjimup proceed with the disposal of the property;

5. await a further agenda item on the disposal of the subject land pending compliance with points 1 to 4 above.

CARRIED: 7/0

Councillor Daubney returned to the Chamber at 6.57pm.

ATTACHMENT

9.5.4 Proposed Setback Variation for a Retrospective Dam at Lot 250 (317) Angels Road, Middlesex

PROPONENT	Ms L Starkie
OWNER	Ms L Starkie
LOCATION / ADDRESS:	Lot 250 (317) Angels Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/83: P56294
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts; Jocelyn Baister
DATE OF REPORT:	3 July 2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for retrospective approval for an agricultural dam at Lot 250 (317) Angels Road, Middlesex due to a setback variation and retrospective nature of the application. A copy of the development plans are attached.

ATTACHMENT: 9.5.4(1)

In May 2017, the applicant was issued a licence and permit by the Department of Water and Environmental Regulation (DWER) under the Rights in Water and Irrigation Act 1914 to interfere with the bed and banks of the watercourse and to take water. DWER has noted that the dam, in its current state does not conform to the details of the licence and permit issued, which detailed a minimum setback of 20m.

The subject property is 9.7 hectares in area and is accessed by Angels Road. The property currently contains a second hand transportable dwelling as well as an existing dam. A location plan is shown below.

Location Plan

As detailed in the retrospective application, the dam was to be constructed with a capacity of 30 Megalitres and is to be used to irrigate mixed horticulture and cattle as well as orchard irrigation. The dam has an outer wall height of six metres and a length of 130 metres. Whilst the submitted plans indicated a 20m setback, the dam has been constructed with the toe of the dam wall having a nil setback from the eastern (side) and 26 metres from the southern (front) boundaries.

Three site inspections were undertaken during various weather conditions to confirm the as constructed setbacks and site conditions. It was noted that:

· the submitted plans do not accurately reflect the as constructed setbacks, found to be nil to the eastern boundary;

· during heavy rain events an increase in water run off was occurring across the property boundary from the dam wall;

· stock have been traversing the dam wall prior to its stabilisation; and

· soil has been washing into a neighbouring property.

Site photographs are provided attached demonstrating the observations.

ATTACHMENT: 9.5.4(2)

The application is referred to Council for determination, as Shire Officers do not have delegated authority to process the application due to the retrospective nature of the proposal and the boundary setback variation for a dam.

PUBLIC Consultation Undertaken:

The retrospective application was advertised in accordance with Clause 9.6 of the Scheme for a period of 21 days to the adjoining landowner and the Department of Water and Environmental Regulation (DWER).

Submissions were received from the adjoining landowner and DWER. DWER provided advice in relation to an application for a permit to interfere with the bed and banks of a watercourse and a licence to take water. The adjoining landowners have supplied two (2) submissions objecting to the proposal, as these relate to the same affected property, they have been treated as one submission. A copy of the submissions are attached. The neighbour has requested to remain anonymous, details specific to their situation have been redacted from the submission.

ATTACHMENT: 9.5.4(3)

Further comments regarding the submissions is provided within the comment section of this agenda item.

COMMENT (Includes Options):

Local Planning Scheme No. 4 (the Scheme) includes the subject land within the Priority Agriculture zone. The purpose of this zone is to provide for the sustainable use of rural land which primarily accommodates a range of rural pursuits compatible with the land compatibility and retains the rural character and amenity of the locality.

In accordance with Clause 8.4 (xxiv) of the Scheme, prior planning approval is not required for dams within the Priority Agriculture or General Agriculture zones where the lower edge of the dam wall and any other part of the dam including the dam water is further than 20 metres from the property boundaries. Proposals for dam which are setback less than the 20 metres from property boundaries require prior planning approval.

In this case, the applicant submitted plans showing the retrospective dam was to be setback 22 metres from the boundary. A site inspection by Shire Officers has identified the setback as being nil.

As outlined within Clause 5.34.2.4 of the Scheme, development within the Priority Agriculture zone is normally required to be setback 30 metres from the front and rear, 10 metres from the side and if adjoining State Forest a 100 metre setback is required.

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

Retrospective Approval

In accordance with Clause 8.6 of the Scheme, planning approval may be granted to a development already commenced or completed, regardless of the date, if the development conforms to the provisions of the Scheme.

A decision to grant retrospective approval does not prevent the local government from taking action for a breach of the Scheme requirement for prior approval to be obtained.

Matters to be Considered

Clause 10.2 of the Scheme requires that in determining applications for development approval, the local government is required to 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;

(xxvi) the comments and submissions received from any authority that has been consulted;

(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.

These considerations are addressed within the sections below.

The Scheme

The application as submitted is consistent with the aims of the Scheme in that the land is identified as Priority Agriculture land and the resultant development will be used to support future horticultural activities. The dam, as constructed does not however meet the setback requirements for the zone and therefore requiring planning approval for the variation.

In determining an application for a reduction in setbacks, in accordance with Clause 5.34.2.4(3) the local government is required to consider a range of matters including the possible bush fire hazards. As detailed within Clause 5.34.2 the local government may also require greater setbacks to effectively manage buffers, environmental impacts and any other potential land use conflict.

Development that abuts a property boundary is not able to achieve the required three (3) metre fire break, which may result in unacceptable fire management risk. Furthermore observations during site inspections identified the potential for a range of land use conflicts as detailed below:

· water shedding over the dam wall into a neighbouring property and not being contained within the subject site;

· evidence of stock movement across the dam structure causing potential damage prior to the wall stabilisation; and

· erosion of soil occurring transferring debris and soil across property boundaries.

In order that associated drainage is contained in the property and to ensure a firebreak is established, it is recommended that the proposal for a nil setback to the toe of the wall should be refused.

Policy Assessment

Local Planning Policy LPS4 6.1.11 – Rural Land Uses (the Policy) provides guidance and ensures a consistent approach when considering application for Rural Land Uses. An assessment of the application against the policy provisions relating to dam construction confirms that the application complies with all requirements, with the exception of the required setbacks.

Draft Local Planning Policy 6.1.22 – Dams (draft Policy) has been publically advertised and is considered a seriously entertained document for assessment purposes. The draft Policy assigns a high risk level for dams located ‘on-stream’. An applicant for a high risk dam is required to provide additional information to support the proposal.

Additional information which would demonstrate sound justification to support a high risk dam being located on the common boundary between two land owners, was not received as part of this application.

Submissions Received

As stated two submissions were received during the consultation period, one from DWER and from the adjoining landowners. These are discussed below.

DWER Comments

DWER have stated that the applicant had made application to the then Department of Water (DoW) for a permit to interfere with the bed and banks of a watercourse as well as a licence to take water under the Rights in Water and Irrigation Act 1914. The DoW did not request the proponent to obtain Shire of Manjimup planning approval as the plans submitted to DWER indicated the proposed toe of the dam wall was well within the planning scheme setbacks of 20 metres at the time. A permit and licence was issued with conditions to the applicant.

DWER’s advice notes that the dam in its current state appears to be larger than the applied for volume. This and the failure to install a bypass system can be resolved by DWER with the issue of a ‘Direction Notice’ to remedy by lowering the spillway and installing the bypass system. DWER will be undertaking further compliance in this regard before a determination on appropriate action.

Neighbouring property submission

This submitter made the following comments and objection to the proposal on planning grounds:

· believes that setback requirements that are stipulated in legislation should not be varied in support of retrospective development;

· believes that contractors should be required to provide qualifications before they can construct a dam;

· the land has always had stability problems and is visibly prone to slips and land sliding down the hill;

· dam walls have been known to collapse and move down the valleys and there has been a recent example in Middlesex;

· the dam wall is located too close to be property boundary;

· erosion of the dam on the boundary will mean downstream land could be contaminated with washed quartz rock and sand.

· alleges that the dam wall has been built on underground streams and springs; and

· an approval would set an undesirable precedence.

The submitter has made references to instances where Shire officers could have prevented the construction of the dam occurring, it is noted that shortly (one week) after a complaint was received, an application was submitted and due process was undertaken.

All other matters raised by the adjoining land owner where not considered to be based on material planning grounds, however are contained in the attached submission for reference.

Conclusion

The applicants have not provided sufficient information to demonstrate that the setback variation will not cause impacts upon the agricultural use of the land adjoining or nearby areas, or that fire breaks can be appropriately maintained. As such the application cannot be reasonably supported as proposed.

Options

Although the application is not be supported as proposed, it is requested that Council consider all options for determination.

Option 1

That Council approves the application, as proposed/constructed. Should Council wish to approve the application it is recommended that the application be conditioned to require a hydrological report as well as a report on the dam structure and overflow system or spillway, to be prepared by a suitably qualified engineer and to the satisfaction of the Chief Executive Officer.

Option 2

That Council refuse the application as proposed/constructed. Should Council wish to approve the application it is recommended that the land owner be encouraged to submit a revised proposal which shows a minimum 5 metre boundary setback, to the tow of the dam wall, to enable fire break and dam wall maintenance, along with a report of the dam structure and overflow system, to be prepared by a suitably qualified engineer and as part of a new application, to the satisfaction of the Chief Executive Officer.

Option 3

That Council refuse the application and land owner be required to return the land to the state it was prior to construction, noting that with a 20 metre setback the development of a dam would be exempt from requiring planning approval.

Recommendation

As outlined in Option 2, it is recommended that Council refuse the application and encourage the land owner to submit a revised proposal which shows a minimum 5 metre boundary setbacks to enable fire break and dam wall maintenance. As part of a new application the applicant should be required to submit a report of the dam structure and overflow system prepared by a suitably qualified engineer, to the satisfaction of the Chief Executive Officer.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The application has been assessed against Local Planning Policy 6.1.11 Rural Land Uses and draft Local Planning Policy 6.1.22 - Dams.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: The proposal has the potential to create offsite stormwater management impacts that may affect neighbouring properties and further downstream road infrastructure.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 and Clause 5.34.2.9 of the Shire of Manjimup Local Planning Scheme No.4 refuse to grant retrospective approval for the construction of a Dam at Lot 250 (317) Angels Road, Middlesex for the following reasons:

a) the dam is in contravention with the setback requirements of Local Planning Policy 6.1.11 Rural Land Uses;

b) the reduction in setbacks will result in an unacceptable fire management risk by preventing maintenance of required fire breaks;

c) observations during site inspections indicate that the development is being negatively impacted from inclement weather and stock movements to its detriment;

d) the applicant has not adequately demonstrated that the impacts of the proposed development can be contained on the application site;

e) the reduction in setbacks would result in an undesirable planning outcome where the risks have not been mitigated.

2. Encourages the land owner to submit a revised proposal which shows appropriate property boundary setbacks that can achieve adequate bush fire management and a report prepared by a suitably qualified engineer on the design of the dam structure and spillway to the satisfaction of the Chief Executive Officer. A minimum of 5 metres is recommended.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Ventris, M

27891

That Council:

a) the dam is in contravention with the setback requirements of Local Planning Policy 6.1.11 Rural Land Uses;

b) the reduction in setbacks will result in an unacceptable fire management risk by preventing maintenance of required fire breaks;

c) observations during site inspections indicate that the development is being negatively impacted from inclement weather and stock movements to its detriment;

d) the applicant has not adequately demonstrated that the impacts of the proposed development can be contained on the application site;

e) the reduction in setbacks would result in an undesirable planning outcome where the risks have not been mitigated.

CARRIED: 8/0

Councillor Daubney declared a Financial Interest in this Item as she is the Leaseholder of Site 114 Windy Harbour. Councillor Daubney did not speak or vote on the matter and left the Chamber at 7.02pm.

ATTACHMENT

APPENDIX

9.8.1 Proposed Review of Environmental Health Policies 4.2.10 - Windy Harbour Camping Ground and 4.2.11 - Windy Harbour Reticulated Water Usage and Use of Bores

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161012
LEGISLATION:	Local Government Act 1995
AUTHOR:	Roisin Olsen
DATE OF REPORT:	5 July 2019
DECLARATION OF INTEREST:	Nil

Background:

Council policies are reviewed regularly to ensure consistency between the policies, Council decision making and response to community feedback. Reviews generally occur after a period of four years, or where amendments are required to reflect legislative and/or administrative changes. The purpose of this report is to present to Council the following policies which have been reviewed:

§ Policy 4.2.10 Windy Harbour Camping Ground; and

§ Policy 4.2.11 Windy Harbour Reticulated Water Usage and Use of Bores.

Copies of the current policies are appended.

APPENDIX: 9.8.1(A)

APPENDIX: 9.8.1(B)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Policy reviews are intended to make amendments to existing policies based on past performance, future demand, changes to relevant legislation and to correct terminology and/or administrative errors.

Policy 4.2.10 – Windy Harbour Camping Ground

This policy has been reviewed and is still considered relevant. Aside from some minor grammar and formatting changes, only a small number of amendments have been identified. The proposed changes to this policy are:

§ Updating the title of the directorate responsible for the administration of this policy to the Development and Regulation Directorate;

§ Updating officer positions in Clause 5(d) and Clause 15 to correctly reflect the current organisational structure; and

§ Re-numbering the policy to align with the numbering format assigned to Environmental Health policies administered by the Development and Regulation Directorate.

A copy of the revised policy is included in the attachments.

ATTACHMENT: 9.8.1(1)

Policy 4.2.11 – Windy Harbour Reticulated Water Usage and Bores

This policy was reviewed by Council on 13 June 2019 and continues to be up to date however it is recommended that the policy is now re-numbered to align with the numbering format assigned to Environmental Health policies administered by the Development and Regulation Directorate.

A copy of the re-numbered policy is included in the attachments.

ATTACHMENT: 9.8.1(2)

STATUTORY ENVIRONMENT:

Local Government Act 1995

Caravan Parks and Camping Grounds Act 1995

Caravan Parks and Camping Grounds Regulations 1997

Policy / Strategic Implications:

Regular reviews are undertaken of Local Government policies and are necessary to provide strategic direction and improve operations.

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Adopt the following revised Environmental Health Policies:

a) 5.1.14 Windy Harbour Camping Ground, as shown at Attachment: 9.8.1(1); and

b) 5.1.15 Windy Harbour Reticulated Water Usage and Use of Bores, as shown at Attachment: 9.8.1(2)

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

27892

That Council:

1. Adopt the following revised Environmental Health Policies:

a) 5.1.14 Windy Harbour Camping Ground, as shown at Attachment: 9.8.1(1); and

b) 5.1.15 Windy Harbour Reticulated Water Usage and Use of Bores, as shown at Attachment: 9.8.1(2)

CARRIED: 7/0

100

Councillor Daubney returned to the Chamber at 7.03pm.

9.12.1 Proposed Closure of a Portion of Unconstructed Road Reserve in the Vicinity of Wheatley Coast Road, Quinninup

PROPONENT	Bellanoch Pty Ltd
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Wheatley Coast Road, Quinninup
WARD:	East
ZONE:	General Agriculture
DIRECTORATE:	Works & Services
FILE REFERENCE:	F190210
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Catherine Mills
DATE OF REPORT:	13/06/2019
DECLARATION OF INTEREST:	Nil.

Background:

Council has received a request to close a portion of unconstructed un-named road reserve in the vicinity of Wheatley Coast Road, Quinninup. The subject portion adjoins Lot 4335 Wheatley Coast Road, Quinninup, owned by the proponent. The existing road reserve segregates Lot 4335 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 4335 ensuring one entire lot can be achieved. The proponent intends to make use of the additional land for horticultural purposes.

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

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

The image below shows the portion of the current un-named unconstructed road reserve proposed for closure.

Council should note that the proposal on its own merit would leave discontinuity of road reserves in the Quinninup area and create potential land lock issues. Given this issue, the proponent is proposing to dedicate a portion of their private land to be gazetted as road reserve. This portion is indicated on the above image as ‘Proposed Road Reserve Dedication’. Thus continuing the ‘Existing Road Reserve’ to meet the ‘Western Road Reserve’.

Another option was to continue the road reserve straight through state forest. The proposal was put to Department of Biodiversity Conservation and Attractions (DBCA) local Manjimup office for comment. DBCA indicated that the proposal, while possible, would not be viewed favourably as there is no benefit to the state (DBCA) and there are alternatives. It should also be noted that this option could be a three to four year process due to the length of time required for divestment of state forest.

The proposed portion of reserve to be closed is a green field site with land that is clear of vegetation. Should the Shire ever require a constructed road in this area, the northern existing road reserve would need to be cleared of vegetation. A stringent vegetation clearing process through Department of Water and Environmental Regulation would need to be followed with costs associated.

The proponent has requested that a 16 metre wide road reserve be proposed instead of a 20m standard reserve width, due to an onsite water spring being utilised by the proponent. A water spring within a road reserve could pose problems to future construction therefore, minimising the reserve will ensure that the spring is not an inhibitor to future development. Furthermore, as this area is zoned General Agriculture and is not within a gazetted town site, Shire officers recommend accepting the 16m proposal as a minimum road reserve width.

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 of the proposed unconstructed road to be closed is 21,000m². The total approximate area to be dedicated as road reserve is only 3,500m².

Organisational risk management:

Nil

Financial Implications:

Should the Shire construct a road in the future through the existing northern reserve there would be considerable costs associated with tree clearing. However, the likelihood of the Shire requiring a constructed road is considered low.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Advise the applicant that it is prepared to support the closure of the portion of unconstructed road reserve passing through Lot 4335 Wheatley Coast Road, Quninnup subject to the following:

a. No objections being received in response to the public consultation period detailed in point 2 below;

b. A new road reserve having a minimum width of 16m being dedicated so as to connect the western portion of the unconstructed road with the road reserve to the north, located on western boundary of Lot 4335; and

c. The road reserve referred to in point 1b) above being designed to the satisfaction of the Chief Executive Officer.

2. Approve the public consultation of the proposed Road Reserve closure and amalgamation into Lot 4335 Wheatley Coast Road, in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

3. Subject to no objections being received in response to the advertising referred to in point 2 above, grant delegated authority to the Chief Executive Officer to forward a request to the Minister for Lands for approval to close that portion of unconstructed road reserve passing through Lot 4335 in accordance with clause 58(1) of the Lands Administration Act 1997;

4. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure outlined in point 3 above; and

5. Be provided with a new agenda report should objections or notable comments be received as a result of the public consultation.

COUNCIL RESOLUTION:

Moved: Salomone, J Seconded: Eiby, W

27893

That Council:

1. Advise the applicant that it is prepared to support the closure of the portion of unconstructed road reserve passing through Lot 4335 Wheatley Coast Road, Quninnup subject to the following:

a. No objections being received in response to the public consultation period detailed in point 2 below;

c. The road reserve referred to in point 1b) above being designed to the satisfaction of the Chief Executive Officer.

3. Subject to no objections being received in response to the advertising referred to in point 2 above, grant delegated authority to the Chief Executive Officer to forward a request to the Minister for Lands for approval to close that portion of unconstructed road reserve passing through Lot 4335 in accordance with clause 58(1) of the Lands Administration Act 1997;

4. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure outlined in point 3 above; and

5. Be provided with a new agenda report should objections or notable comments be received as a result of the public consultation.

MOTION carried 7/1

FOR	AGAINST
Cr L Daubney	Cr M Ventris
Cr W Eiby
Cr V Herbert
Cr P Omodei
Cr J Salomone
Cr D Tapley
Cr C Winfield

10. LATE REPORTS: Nil

11. QUESTIONS FROM MEMBERS:

11.1 Response to questions from members taken on notice: Nil

11.2 Questions from members: Nil

12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING: Nil

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

Matter of Urgency:

Moved: Omodei, P Seconded: Herbert, V

27894

That Council introduce New Business of an Urgent Nature.

CARRIED: 8/0

Councillor Salomone declared an Impartiality Interest in this Item as she is an employee of Department of Biodiversity, Conservation and Attractions. Cr Salomone declared that she would consider this matter on its merits and vote accordingly.

DONNELLY RIVER HUTS –

Background

Council would be aware that the Donnelly River Conservation Association has made a submission to the Local Government Advisory Board requesting consideration to change the Local Government boundary between the Shire of Nannup and the Shire of Manjimup to incorporate thirty three (33) Donnelly huts into the Shire of Manjimup. Currently there are ten (10) Donnelly huts within the Shire of Manjimup.

The submission by Donnelly River Conservation Association was accepted by the Local Government Advisory Board who initiated a formal inquiry. Arising from this formal inquiry were hearings held with the Shire of Manjimup in Manjimup, the Donnelly River Conservation Association in Manjimup, the Shire of Nannup in Nannup, and a public hearing held in Nannup on the 23 July 2019. In addition the Local Government Advisory Board is accepting written submissions until 2 August 2019.

All verbal and written submissions were requested to address the following criteria:

(a) community of interests;

(b) physical and topographic features;

(d) economic factors;

(e) the history of the area;

(f) transport and communication;

(g) matters affecting the viability of local governments; and

(h) the effective delivery of local government services.

The Chief Executive Officer made a submission for the hearing with the Local Government Advisory Board as per the attachment.

ATTACHMENT: 13.1 (1)

The Shire has taken a conservative approach to watch this situation unfold to this point and has yet to make a formal decision as to whether it would be prepared to have the boundary adjusted to incorporate the additional thirty three Donnelly huts into the Shire of Manjimup district. Given the meetings and public hearing have now been finalised, the Shire is now in a much more informed position to make a decision on the matter and this is the purpose of the report. The urgency of this matter relates to the close of submissions to the Local Government Advisory Board on 2 August 2019.

Comment

The meeting between the Local Government Advisory Board and the Shire went as expected and in accordance with the submission as attached. Those representing the Shire included Shire President Cr Omodei, Cr Eiby, Cr Daubney, Mr Campbell and Mr Giadresco. The only significant matter that was raised by the Local Government Advisory Board was that the Shire had not made a formal decision on the matter. It was explained at the time that due to the timing of the hearing and the relevant information available, it was difficult for Council to make a decision one way or the other.

The public hearing in Nannup was attended by the Shire President and Chief Executive Officer representing the Shire of Manjimup. It is estimated that there was eighty people in attendance and the clear majority were in favour of a boundary adjustment that would locate all Donnelly huts within the Shire of Manjimup. In fact many of the speakers in favour of the boundary adjustment expressed a very strong view about a dysfunctional relationship existing between the majority of Donnelly hut owners and the Shire of Nannup. It also should be noted that many speakers acknowledged the support from the Shire of Manjimup and highlighted the importance of “communities of interest” of places within the Shire of Manjimup district.

There appears to be two significant issues that have fragmented relationships with the Shire of Nannup and they include “rating” and “community of interest”.

Rating

Outlined in the attached Shire submission to the Local Government Advisory Board is a discussion about rating and why the Shire of Manjimup has elected not to rate the ten Donnelly huts currently within the Shire to this point. During the hearing, the Donnelly River Conservation Association expressed the view that they were not adverse to Local Government rating of the Donnelly huts however they considered that rating levels should be significantly reduced to compensate for the fact that that no Local Government services are provided. If the boundary adjustment occurred, the Shire may be required to consider the rating issue, but this would need contemplation of the rating method, level of rating and service support to the Donnelly hut ratepayers.

Community of Interest

Outlined in the attached Shire submission to the Local Government Advisory Board is a discussion about the “community of interest”. What was abundantly clear from the public hearing was that a very significant affiliation existed between towns in the Shire of Manjimup and the overwhelming majority of Donnelly hut owners with many of the speakers addressing the significance of this.

Conclusion

The proposal to adjust the boundary between the Shire of Manjimup and Shire of Nannup would have very little financial or other implication to the Shire of Manjimup. Adjusting boundaries must take into serious consideration the applicable criteria set out by the Local Government Advisory Board and if it is determined to adjust the boundary, the Minister for Local Government then has the final approval or refusal of the proposal. Any decision on this matter will occur after September 2019 when the Local Government Advisory Board submits its final report.

There is a clear community of interest demonstrated between the Donnelly hut owners and towns and settlements in the Shire of Manjimup. It is therefore recommended that Council resolve to support the Donnelly River Conservation Association’s proposal to the Local Government Advisory Board to adjust the Local Government boundary to locate all Donnelly huts in the Shire of Manjimup district.

Moved: Omodei, P Seconded: Herbert, V

27895

That based on a very strong “community of interest”, Council agree to the proposal from the Donnelly River Conservation Association to adjust the boundary of the Shire of Manjimup to include thirty three Donnelly huts currently in the Shire of Nannup district into the Shire of Manjimup district.

CARRIED: 7/0

14. APPLICATIONS FOR LEAVE OF ABSENCE:

Council Resolution:

Moved: Eiby, W Seconded: , Ventris, M

27896

That Council grant Councillor Lynn Daubney a Leave of Absence for meeting to be held on 22 August 2019.

CARRIED: 8/0

15. CLOSURE:

There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 7.23pm.

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

Paul Omodei

Shire President

Committee Recommendation	Officer Recommendation
That the Shire replace the Olive Tree, as a symbol of peace and include as part of the Commonwealth Grove and include relocation of the memorial plaque.	The Peace Olive tree was relocated from Jaycees Park to the Community Garden. Unfortunately the tree did not survive the transplant and new location. The planting of a ‘Peace’ Olive Tree as a symbol of world peace within the Commonwealth Grove in the Park is supported.

PROPONENT	W Kitson, R Kitson, S Marie, Q Kitson
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 116 Gregory Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160927
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	12 July 2019
DECLARATION OF INTEREST:	Nil

PROPONENT	Director Community Services
OWNER	Whole of Shire
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F160966
LEGISLATION:	Nil
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	12/07/2019
DECLARATION OF INTEREST:	Nil

PROPONENT	H Halma, M Dye, A Maynard, S Waters
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 115 Aurora Drive, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160926
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	12 July 2019
DECLARATION OF INTEREST:	Nil