Minutes of Ordinary Council

The Chief Executive Officer advised that he has received Impartiality Interests from Councillor Omodei for Item L. 1, Councillor Herbert for Item 9.5.10 and Councillor Skoss for Item 9.7.1.

Councillor Omodei declared an Impartiality Interest in Item L. 1 as his son has a business in Brockman Street, Manjimup.

Councillor Herbert declared an Impartiality Interest in Item 9.5.10 as his daughter is related to the applicants family.

Councillor Skoss declared an Impartiality Interest in Item 9.7.1 as he is the Glenoran Fire Control Officer.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Wayne Edwards – Manjimup Resident.

· I checked out the Shire website and it was pretty good.

· Of the 4 items mentioned on the Visions page there was only 3 items on the Councillors page. The one that is missing is the ‘economic diversity provides business and employment opportunities for all’.

· I like the mission statement which states ‘we are about our community, wellbeing, prosperity and sustainable future’.

· I am an organic grower of 20 plus years and I’ve been in the hemp industry for a couple of years.

· I can see the hemp industry bringing an economic boom to the area.

· This business suits the smaller shops, growers and innovators. There is more than 20,000 uses for this product.

· With the backing of the government and there are more growers ready to go that this is an area that is an economic boom in the making.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations:

6.2.1 A Citizenship Ceremony was held for Nicholas Herbert. The Shire President congratulated Mr Herbert on behalf of Councillors and staff.

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Taylor, R Seconded: Eiby, W

27945

That the Minutes of the Ordinary Meeting of the Council held on 12 September 2019 be confirmed.

CARRIED: 10/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Daubney, L

27946

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 96 of the Agenda with the exception of:

CARRIED: 10/0

9.3.1	Request to Waive Venue Hire Fees for Variety Concert in Aid of Cancer Council Fundraising.
9.5.6	Proposed Dam with a Setback Variation on Lot 1 (188 / 258) Waughs Road, Glenoran
9.5.8	Retrospective Application for a Partial Change of Use (Health Centre to Shop) at Lot 90 (24) Pritchard Street, Manjimup
9.5.9	Request for Authorisation to Expend Reserve Funds - Future Carpark Construction Reserve - Manjimup
9.9.2	Proposed Budget Amendment for Walpole Community Grants Round Sponsored by Water Corporation, Great Southern and ManukaLife.
9.16.3	Minutes of the Northcliffe Town Hall Management Committee 5 August and Unconfirmed Minutes of 3 September 2019

Items passed by En Bloc Resolution

9.5.1 Government of Western Australia Action Plan for Planning Reform

9.5.2 Proposed Submission on Draft State Planning Policy 7.2 Precinct Design

9.5.3 Proposed Land Clearing at Lot 86 Karri Lane, Quinninup

9.5.4 Proposed Restaurant Redevelopment at Lot 2 (156) Mullineaux Road, Eastbrook (Hidden River Estate)

9.5.5 Proposed Family Day Care Centre at Lot 6774 (76) Fernhill Road, Dingup

9.5.7 Delegated Planning Decisions for August 2019

9.5.10 Request for Revised Zoning under Draft Local Planning Scheme No 5 - No 8 (Lot 2) Callcup Road, Pemberton

9.5.11 Revisions to Proposed Local Scheme Amendment No 21 - Boronia Ridge Estate, Walpole

9.7.1 Proposed Appointment of Fire Control Officers for the 2019 / 2020 Bush Fire Season

9.8.1 Consideration of the Department of Health's Discussion Paper - Managing Public Health Risks associated with Pesticides in
Western Australia

9.9.1 Proposed Adoption of the Shire of Manjimup Early Years Strategic Plan 2019-2029

9.16.1 Unconfirmed Minutes of the Manjimup Recreation Advisory Committee Meeting held 9 September 2019

9.16.2 Unconfirmed Minutes of the Manjimup Heritage Park Advisory Committee Meeting Held on 10 September 2019.

ATTACHMENT

APPENDIX

9.5.1 Government of Western Australia Action Plan for Planning Reform

PROPONENT	Government of Western Australia
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160613
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	5 September 2019
DECLARATION OF INTEREST:	Nil

Background:

In May 2018 the Government of Western Australian (the Government) released for public comment a Green Paper that outlined five (5) key proposals for planning reform seeking feedback from the community. The intent was that following consultation the proposals would be reviewed and a White Paper developed that was to set out the Government’s agenda for a modern planning system.

Council considered the Green Paper at its meeting 26 July 2018 and resolved (27478) in accordance with the following resolution:

That Council:

1. Note the Government of Western Australia’s Modernising Western Australia’s Planning System – Green Paper concepts for a Strategically-led System as shown Attachment: 9.5.2(1);

2. Endorse the attached completed Green Paper Response Template as submitted by Shire Officers and shown Attachment: 9.5.2(2); and

3. Await a further report on the White Paper when released by the Government of Western Australia for public comment.

A copy of the previous agenda item is appended.

APPENDIX: 9.5.1(A)

Responses to the 2018 Green Paper showed clear stakeholder support for reform of the planning system. An Action Plan for Planning Reform has been prepared that sets out the vision for the planning system through a program of 19 reform initiatives, centred around three fundamental goals:

1. Planning creates great places;

2. Planning is easier to understand and navigate; and

3. Planning systems are consistent and efficient.

A copy of the Action Plan is attached, whilst a copy of the 60 page Guidelines is available to Councillors on request.

ATTACHMENT: 9.5.1(1)

Council is now requested to note the Government’s Action Plan and endorse the Director of Development and Regulation (or nominated representative) to represent the Council and Shire as a stakeholder for the development of implementation initiatives. This collaboration will be undertaken instead of the Government preparing a White Paper.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Action Plan proposes 19 initiatives to deliver the Government’s three goals for planning reform.

Goal 1 – Planning creates great places for people

A.1 Collaborative planning delivers district-level priorities

A.2 Urban corridors are realised with integrated planning

A.3 Land use and infrastructure planning is coordinated

A.4 Good design is required and design excellence is encouraged

Goal 2 – Planning is easier to understand and navigate

B.1 Planning is strategically-led

B.2 Engagement and consultation processes are consistent and effective

B.3 Local planning frameworks are more legible

B.4 Online planning portal improves access to information

B.5 Clear and concise guidance is readily available

Goal 3 – Planning systems are consistent and efficient

C.1 Local planning schemes are more consistent

C.2(i) Approvals are quicker and easier for small business in commercial and mixed-use centres

C.2(ii) Car parking requirements in commercial and mixed-use centres are consistent

C.3 Pre-lodgement advice facilitates better outcomes

C.4 Targeted reduction in timeframes for lower-risk proposals

C.5 Referral processes are well defined and coordinated

C.6 Structure and precinct planning tools are fit-for-purpose

C.7 Development assessment processes are streamlined and outcomes-focussed

C.8 Development Assessment Panels processes are more consistent and transparent

C.9 The Western Australian Planning Commission (WAPC) is more efficient and strategically focussed

C.10 Planning activity data drives system improvement

The Action Plan is structured into the three goals, with each initiative under the goals given an Outcome, Actions and early actions (quick wins).

A review of the Action Plan has been undertaken to determine the impacts on the day-to-day planning processes of the Shire of Manjimup. Where the initiatives are likely to impact on the Shire, these are discussed below:

Goal 1 – Planning creates great places for people

A.1 Collaborative planning delivers district-level priorities

This initiative will enable new arrangements for the WAPC to partner with local governments to prepare district level planning strategies and resolve regionally-significant priorities at the district level.

The WAPC/Department of Planning Lands and Heritage (DPLH) will seek expressions of interest from local government to nominate areas that may be suitable to pilot the partnership. This could be an opportunity for the Shire to progress planning strategies over land that has been identified for future development or requiring collaboration to redevelop land for more suitable purposes.

A.4 Good design is required and design excellence encouraged

This initiative focuses on the continuation of the Design WA suite of state planning policies (SPP) and sets out to achieved an outcome where design policy and guidance and design review processes deliver great places and good design across the State.

The WAPC/DPLH will continue to release SPP’s for residential precincts, neighbourhoods and medium density developments and through more public discussions promote awareness of good design of buildings and urban environments. A separate report on the draft SPP 7.2 Precinct Design is contained as Item 9.5.2 of this agenda.

Goal 2 – Planning is easier to understand and navigate

B.2 Engagement and consultation processes are consistent and effective

This initiative looks at the engagement and consultation with community members on planning proposals and sets out to achieve contemporary, consistent and clear engagement.

One action, which would alter the Shire’s consultation practice, is the advertising of significant developments. On-site signage requirements have a minimum dimension and scale and in some cases the development must be visually represented.

B.3 Local planning frameworks are more legible

A number of the actions outlined in this initiative will require the Shire to review the content of it’s local planning scheme and policies to ensure the planning instruments are easier to understand and have a clear strategic direction.

The status of local planning strategies will be elevated by a ‘local strategic statement’ being included in the local planning scheme. Restrictions will be introduced which limit the mandatory development requirements, preventing variation to key provisions to improve certainty.

The use and function of local planning policies (LPP’s) will be clearly stipulated with set criteria on what they can and cannot be used for; variations to this criteria will require the approval of the WAPC. In addition, all LPP’s will be required to be prepared in a standard manner and form and have a maximum five year lifespan to ensure regular review takes place.

It is expected that these initiatives will be introduced over a period of time.

Goal 3 – The planning system is consistent and efficient

C.1 Local planning schemes are more consistent

This initiative will introduce a range of standardised approaches to zones, land use, permissibility and development control to increase consistency whilst allowing for response to local circumstances, such as character and heritage.

A suite of standard zones, land use definitions and permissibility will be developed for state-wide adoption in local planning schemes. In addition, a package of common development standards and conditionally permitted low-risk development will be prepared for inclusion in local planning schemes.

With the State leading the standardisation of zoning and development controls there is a risk that regional variations are overlooked. It is recommended that the Shire engage with the DPLH on these actions if given the opportunity.

C.2(i) Approvals are quicker and easier for small business in commercial and mixed-use centres

This initiative looks at streamlining and a state-wide consistent process for ‘change of use’ development applications to make it easier for small businesses to establish in existing town centres, retail corridors and other commercial and mixed-use centres.

A framework for change of use developments which are considered to be low risk will be developed which applies simple and consistent requirements and ensures that applications are either fast-tracked or exempt from approval in existing buildings.

Seen as a positive action for town centre revitalisation, this change comes with the risk of introducing less desirable ground floor land uses when ‘active’ land uses are more preferable. The local planning framework would require review to accommodate this state-wide change.

C.2(ii) Car parking requirements in commercial and mixed-use centres are consistent

A state-wide consistent approach for the provision of car parking is the outcome identified for this initiative. To complement the initiative to streamline change of use applications, a policy with practical, basic benchmarks and fair methodology for considering concessions and the uses of cash-in-lieu will be developed and implemented for the assessment of car parking requirements for small businesses in established town centres.

Also seen as a positive action for town centre revitalisation, this change comes with a risk that regional variations and lack of access to public transport options will not be considered and available in a state-wide policy.

For each of the above initiatives, the WAPC/DPLH will partner with local governments to develop, test and pilot a framework for change-of-use applications and car parking requirements. It is recommended that the Shire participate in the pilot project to ensure regional variations are incorporated into the planning reform actions.

C.5 Referral processes are well defined and coordinated

This initiative aims to create a new framework for the referral of planning applications to provide greater certainty regarding timing, process and scope of the agency input and includes actions relating to consistent timeframes and clear reasoning statements for referral requirements.

These changes will have a minimal impact on the day-to-day operations of the Statutory Planning team, however will create some modifications to correspondence templates.

C.7 Development assessment processes are streamlined and outcomes-focused

The outcome of this initiative is to develop improvements to development assessment processes to increase the understanding, deliver good practice and increase consistency across jurisdictions. Examples on how this will be achieved include:

· providing additional pre-lodgement advice services for applicants;

· setting a 10- business day timeframes for local governments to request additional information for single house applications;

· introducing a voluntary ‘deemed to comply’ check for single houses; and

· decision makers will be required to make available a statement of reasons for planning decisions.

C.10 Planning activity data drive system improvement

This initiative includes actions that will create a greater visibility of local government and State government responsibilities and the operation of the regulatory system to inform ongoing system improvements.

Local governments and State government planning authorities will be required to undertake mandatory reporting of planning activities. This activity data will be collected and used for performance monitoring.

The Shire currently does not provide activity data to the WAPC/DPLH however, has been invited to participate previously. The process for generating reporting data will need to be considered when creating the development applications interface within Datascape.

Delivery

Two stages of legislative amendments are proposed to support the implementation of the reform initiatives with the first stage dealing with several of the proposals, which had broad support during consultation. The State has not however outlined which proposals are to be implemented in the first stage. It is anticipated that each stage will be subject of a consultation process, as with any amendment to legislation.

Conclusion

As detailed above, the Action Plan for Planning Reform will most likely have impact on the Shire’s day-to-day operations and some of the reforms may present opportunities for process improvements. It is recommended that the Shire actively engage with the WAPC/DPLH during the implementation of the initiatives, which require regional variations.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015, Planning and Development (Development Assessment Panels) Regulations 2011, State Planning Policies.

Policy / Strategic Implications:

The Action Plan for Planning Reform aligns with the following strategies of Strategic Community Plan 2019-2029:

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

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

D5. Undertake planning for the provision of potable water and deep sewerage infrastructure where identified gaps exist.

D8. Review or amend the Local Planning Scheme to meet the changing needs of community and industry.

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

D16. Undertake long-term regional transport infrastructure planning, giving consideration to future road, rail and air transport needs and user safety.

Organisational risk management:

Through standardisation of requirements state-wide there is a risk that regional variations will not be considered. By participating in the process as a stakeholder, Shire Officers will be seeking to minimise such risks.

There is also risk as a result of legislative changes that the emphasis on faster processing of simple planning applications (including dwellings) will result in Local Government focusing on those applications at the expense of more complex proposals.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Note the Government of Western Australia’s Action Plan for Planning Reform and Background Paper as shown in Attachment 9.5.1(1); and

2. Endorse the Director of Development and Regulation (or nominated representative) to represent the Council and Shire as a stakeholder for the development of implementation initiatives.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27947

That Council:

1. Note the Government of Western Australia’s Action Plan for Planning Reform and Background Paper as shown in Attachment 9.5.1(1); and

2. Endorse the Director of Development and Regulation (or nominated representative) to represent the Council and Shire as a stakeholder for the development of implementation initiatives.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.2 Proposed Submission on Draft State Planning Policy 7.2 Precinct Design

PROPONENT	Government of Western Australia
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	All
ZONE:	Town Centre, Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160613
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	17 September 2019
DECLARATION OF INTEREST:	Nil

Background:

The Minister for Planning has released Design WA Stage 2 – Precinct Design for public consultation. Stage 2 includes draft State Planning Policy 7.2: Precinct Design (SPP 7.2), draft State Planning Policy 7.2: Precinct Design Guidelines (the Design Guidelines) and Precinct Design Planning Framework Discussion Paper.

Design WA is a State Government initiative to ensure good design is at the centre of all development. Stage One was recently finalised and includes an overarching State Planning Policy 7.0 Design of the Built Environment, which set outs out 10 principles for good design and a framework for integrating design review as part of the evaluation process.

State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments was created to replace Part 6 of the R-codes, with Volume 1 being for residential development for density up to R40 and a Design Review Guide was created to assist local governments with the establishment and operation of design review panels.

SPP 7.2 guides the preparation and assessment of planning proposals for areas that require a complex high level of planning, such as higher levels of density and infill, mixed use components, activity centre designation, character, heritage and/or ecological value. SPP 7.2 will require a tailored, performance-based approach to precinct design, supported by design review and a high level of community participation.

The SPP 7.2 documents mentioned above are attached.

ATTACHMENT: 9.5.2(1)

ATTACHMENT: 9.5.2(2)

ATTACHMENT: 9.5.2(3)

Council is requested to consider the documents and endorse the submission due 15 October 2019.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The SPP 7.2 documents recognise that significant growth is forecast in the Perth and Peel regions as well as existing areas of regional towns and communities. The current State Planning Framework provides for effective and high quality urban development in designated Activity Centres through State Planning Policy 4.2 Activity Centres for Perth and Peel (SPP 4.2). The issue for regional centres is that this current Policy is not applied State wide.

SPP 7.2 attempts to correct this issue by being a State-wide policy and referring to designated Activity Centres. The issue remains that SPP 4.2 is under review and is forecast to be out for consultation early 2020. For effective implementation both documents would require finalisation concurrently.

Comments in regard to this have been included in the draft submission.

Existing and Proposed Planning Framework

The existing planning framework consists of structure plans, activity centre plans and local development plans, along with policy guidance. This framework is represented in the diagram below showing in which instance each tool is used and the responsible authority for determination.

SPP 7.2 has been prepared to guide land use planning and development outcomes in all infill environments or substantial activity centres in greenfield settings. A precinct plan will essentially replace the current function of structure plans in existing residential areas and activity centre plans and is shown in the diagram below as the proposed planning system and responsible authority.

A decision tree has been provided on page 11 of the discussion paper, which identifies which planning tool should be prepared in each circumstance. The changes to the planning framework above, will have implications on the existing and future Shire of Manjimup planning frameworks for the following reasons:

· All existing residential areas identified as special control areas in Local Planning Scheme No. 4 as requiring a structure plan, would, once the State framework is amended, no longer meet the criteria for structure plans and be more suited to the criteria of a precinct plan. Structure plans would still be an appropriate tool for the future planning of residential, rural residential and industrial areas in a greenfield setting;

· Precinct plan areas including those which are either wholly activity centres or contain a portion of an activity centre should be designated in a local planning strategy and local planning scheme;

· Unlike current structure plans, a precinct plan will address built form, scale and character of development where required; and

· Although a scheme amendment would not be required to give effect to a precinct plan (where already designated on the scheme map), it may be beneficial for certain provisions or elements of the precinct plan to be incorporated into scheme text such as building heights (minimum or maximum), plot ratio, setbacks, building façade design and public realm interface, heritage and where a design review is required.

It is anticipated that a number of key State planning documents will need to be reviewed and amended to facilitate the effective implementation of SPP 7.2 to remove or modify overlapping or outdated content. These changes have been identified in Table 9 of the discussion paper provided at Attachment 9.5.2(3).

Content of SPP 7.2 Precinct Design Guidelines

The Guidelines have been prepared to provide supporting information to communities, decision making authorities, landowners or applicants, referral agencies and practitioners to implement SPP 7.2. The Guidelines build on the 10 Design Principles contained in the overarching SPP 7.0 and assist with:

· appropriate land use planning and design outcomes in relation to precincts across the State in a consistent manner;

· appropriate standards of design are met in the implementation of land use and development; and

· outlining the process for precinct plan preparation including effective engagement with the community and stakeholders.

The Guidelines are structured around design elements that are critical to the design component of a precinct plan. Each design element is supported by an intent along with objectives and considerations. Each element provides a list of suggested precinct plan outputs that may be considered to demonstrate an achievement of the element’s objectives. Refer to page 10 of the Guidelines provided at Attachment 9.5.2(2) for a diagram of the structure. The precinct design elements are:

· urban ecology;

· urban structure;

· movement;

· built form;

· land use;

· public realm; and

· services and utilities.

SPP 7.2 and the Guidelines have been developed with a strong focus on good design outcomes. The Guidelines state that ‘well-designed precincts can balance the needs and expectations of existing communities with that of our growing and changing population, and optimise the efficiency of supporting infrastructure’.

Although the content of the Guidelines appears to be comprehensive and appropriate for medium to high density infill, there is no clear explanation on how infill development, that is to occur on a low density scale, is to be assessed against all of the objectives or if these Guidelines relate. It could be, that where existing residential densities are low, these areas should be treated as greenfield development for the purposes of deciding whether a structure plan or precinct plan is the most appropriate planning instrument.

This comment is recommended for inclusion into the submission. A copy of the draft submission is attached.

ATTACHMENT: 9.5.2(4)

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015, State Planning Policies.

Policy / Strategic Implications:

The State Government’s Design WA Stage 2 - will assist in delivering the following Shire of Manjimup Strategic Community Plan 2019-2029 strategies:

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

D8. Review or amend the Local Planning Scheme to meet the changing needs of community and industry.

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

Organisational risk management: Nil

Financial Implications: Nil

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Note the Government of Western Australia’s Design WA Stage 2 – Precinct Design including State Planning Policy 7.2 Precinct Design and draft State Planning Policy 7.2: Precinct Design Guidelines as shown in Attachments: 9.5.2(1-3);

2. Endorse the attached completed Shire officers submission as shown Attachment: 9.5.2(4); and

3. Await further reports on the various legislative changes required to implement State Planning Policy 7.2 Precinct Design and draft State Planning Policy 7.2: Precinct Design Guidelines.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27948

That Council:

2. Endorse the attached completed Shire officers submission as shown Attachment: 9.5.2(4); and

3. Await further reports on the various legislative changes required to implement State Planning Policy 7.2 Precinct Design and draft State Planning Policy 7.2: Precinct Design Guidelines.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.3 Proposed Land Clearing at Lot 86 Karri Lane, Quinninup

PROPONENT	Carpenter Lifetime Super Fund CT Pty Ltd
OWNER	Carpenter Lifetime Super Fund CT Pty Ltd
LOCATION / ADDRESS:	Lot 86 Karri Lane, Quinninup
WARD:	East
ZONE:	Residential R2.5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/90 & P55242
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	9 September 2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application proposing to clear land at Lot 87 Karri Lane, Quinninup in order to reduce the applicable Bushfire Attack Level (BAL) for a proposed future dwelling to be constructed on the subject property. A location plan is shown below.

Location Plan

Lot 86 is a 2,125m² vacant property located within Karri Lakes Estate. Access to the property is provided via a battle-axe access leg approximately 30 metres in length. The property is densely covered with native vegetation with several large live standing trees on the aerial photograph as shown attached.

ATTACHMENT: 9.5.3(1)

As indicated on the plan shown overleaf, the applicant is proposing to clear all of the subject property except for a 5 metre trip alongside the lake. The purpose for the clearing is to reduce the applicable Bushfire Attack Level (BAL) to permit the construction of a proposed future dwelling.

Map of Proposed Clearing

The application is referred to Council for determination as Shire officers do not have delegated authority to consider the application given that an objection to the clearing has been received.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No. 4 for a 21 day period to adjoining landowners and relevant government agencies with submissions closing on 22 August 2019. A submission was received from Department of Water and Environmental Regulation (DWER) and is shown attached.

ATTACHMENT: 9.5.3(2)

A late submission was also received from an adjoining neighbour opposing the application.

ATTACHMENT: 9.5.3(3)

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No.4 (the Scheme) includes the land within the Residential zone and within Quinninup (Karri Lakes Estate) Planning Precinct 1. Specific subdivision controls relating to the area are prescribed by Schedule 8 of the Scheme.

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

Scheme Requirements

‘Clearing Land’ is defined by clause 5.7.3 of LPS No. 4 as:

i. Cutting down, felling, thinning, logging or removing vegetation;

ii. Killing, destroying, poisoning, ringbarking, uprooting or burning vegetation; or

iii. Severing branches, limbs, stems or trunks of vegetation.

Clause 5.3.2 of Schedule 8 Quinninup (Karri Lakes) in the Scheme, states that a landowner may clear up to 800m² of live standing native trees within an approved building envelope or area permitted for development on the lot with other clearing to provide for vehicular access to the road system and requirements for fire control to the satisfaction of the local government.

As the applicant is proposing to clear an area greater than 800m² of live standing trees within an approved building envelope, this is considered a variation to the Scheme, requiring planning approval.

Bushfire Prone Area

The subject property is located within a designated bushfire prone area. A preliminary assessment of the Bushfire Attack Level (BAL), undertaken by a Level 1 Assessor has identified that the property is currently rated as Flame Zone (FZ). A full BAL report has however not been prepared at this stage.

In accordance with the requirements of State Planning Policy 3.7 – Planning in Bushfire Prone Areas (SPP 3.7), where a BAL assessment indicates BAL-40 or BAL-FZ the development of a single dwelling will require development approval, with the aim of achieving BAL-29 or less through the preparation and implementation of a Bushfire Management Plan. Development of a single dwelling can however proceed with a rating of BAL-FZ or BAL-40 in accordance State Planning Policy No 3.7.

The preliminary Bushfire assessment as shown at Attachment: 9.5.3(4) identifies that it in order for the applicant to achieve a BAL-29 rating, the majority of vegetation on Lot 86 and some vegetation on the surrounding lots (85, 87 and 99) would require modification to a low threat state.

ATTACHMENT: 9.5.3(4)

It should be noted that whilst it is preferred that a level of BAL-29 is achieved, the provisions of SPP No 3.7 do not prohibit the construction of a dwelling within a BAL rating of BAL-FZ or BAL-40. It is possible to construct a dwelling on property where a resultant BAL rating of BAL-FZ or BAL-40 applies in accordance with Australian Standards (AS3959).

As is clearly identified within LPS No. 4, native vegetation shall not be removed, damaged or destroyed except for the purpose of building an approved residence or to accommodate sensible bushfire measures. In this instance, the proposed clearing to be undertaken is an attempt to reduce the BAL rating applicable to the construction of a future dwelling.

Local Planning Policy 6.1.19 – Managing the Natural Environment

The application has been assessed against the provisions of the Policy relating to land clearing. The Policy states that in accordance with the Scheme, development approval is exempt where land clearing for the purpose of fire protection as required by the Annual Firebreak Notice. However the approval of Department of Water and Environmental Regulation may be required to be obtained prior to land clearing works being undertaken.

Procedural requirements of this Policy are to:

· publicly advertise proposals as deemed appropriate by the Shire administration where there are likely to be significant environmental impacts; and

· seek comments, as determined by the Shire administration, from relevant government agencies, stakeholders, adjoining/nearby landowners and the community.

DWER Submission

Within their submission, DWER have provided the following advice in respect of their responsibilities under the Country Areas Water Supply Act 1947 (CAWS Act) and Environmental Protection Act 1986 and the associated clearing regulations (Clearing Regulations):

a) The applicant should contact DWER for advise on the Environmental Protection Act 1986, clearing regulations (2004);

b) Assessment of the property suggests any sized building envelope would be well within the 20m hazard separation zone and as such a clear fall of the property would be necessary to meet the BAL. The proposal is therefore exempt from the requirement for a CAWS Act clearing license; and

c) As the land is located within a Water Source Protection Area, clearing should be kept to a minimum to reduce sheet runoff and sediment entering the Quinninup Dam.

Should Council wish to approve the application, appropriate conditions have been included in the recommendation in respect of erosion and dust management.

Public Submission

A late submission was received from an adjoining landowner opposing the amount of clearing proposed. The submission expresses the view that the clearing is excessive and would add to the destruction of the habitat of flora and fauna, including black cockatoos, which are an endangered species.

As specified within the provisions of Local Planning Policy 6.1.19, in assessing applications, due regard should be given to the protection of biodiversity, land clearing and fire management in addition to the provisions of the Scheme. Given the Residential zoning of the property and the proximity to State reserved National Park, it is important that the Shire consider all proposals for land clearing to ensure that the safety of people and property is maximised.

Conclusion

A formal assessment of the subject property’s BAL has identified that the property is currently rated BAL-FZ. Whilst Shire officers understand the desire to reduce the applicable BAL rating, the details submitted by the applicant and shown at Attachment: 9.5.3(4) clearly indicate that in the assessors opinion modification of vegetation on the adjacent properties would also be required in order to achieve a BAL-29 rating.

In the absence of a formal BAL assessment and Bushfire Management Plan relating to a specific dwelling design, Shire officers are unable to confirm that a suitable BAL rating can be achieved by the proposed clearing.

Given the above, it is recommended the application not be supported at this time and that consideration of the proposal be deferred pending the submission of a formal BAL assessment/Bushfire Management Plan demonstrating that the proposed clearing will result in the subsequent proposed development achieving a suitable BAL rating.

It is furthermore recommended that the applicant should liaise with DWER over the requirements of the Environmental Protection Act in respect of clearing.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Development in Karri Lakes Estate is affected by Schedule 8 – Planning Precinct Statements clause 5 Quinninup (Karri Lakes) as discussed in the comment section of this report.

Organisational risk management:

Nil.

Financial Implications:

The required development application fee has been paid.

Sustainability:

Environmental: The clearing of the property as proposed will result in a significant impact on vegetation located within the site. Approval to clear the vegetation is not recommended unless it can be demonstrated that development of a dwelling would otherwise not be achieveable.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council defer the request for planning approval to undertake clearing on Lot 86 Karri Lane, Quinninup as proposed under Planning Application TP99/2019 pending:

a) the submission of a Bushfire Attack Level Assessment/Bushfire Management Plan demonstrating that the proposed clearing will result in the subsequent development achieving an acceptable Bushfire Attack Level in accordance with the requirements of State Planning Policy No 3.7; and

b) The applicant liaising with the Department of Water and Environmental Regulation over the requirements of the Environmental Protection Act 1986 in respect of clearing.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27949

That Council defer the request for planning approval to undertake clearing on Lot 86 Karri Lane, Quinninup as proposed under Planning Application TP99/2019 pending:

b) The applicant liaising with the Department of Water and Environmental Regulation over the requirements of the Environmental Protection Act 1986 in respect of clearing.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.4 Proposed Restaurant Redevelopment at Lot 2 (156) Mullineaux Road, Eastbrook (Hidden River Estate)

PROPONENT	Hidden River Estate Pty Ltd
OWNER	Hidden River Estate Pty Ltd
LOCATION / ADDRESS:	Lot 2 (156) Mullineaux Road, Eastbrook
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/114 & P56097
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	9 September 2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for a proposed Restaurant redevelopment at Lot 2 (156) Mullineaux Road, Eastbrook at the Hidden River Estate Winery. A location plan is shown below.

Location Plan

The subject site has an area of 9.11 hectares and currently consists of a dwelling, a vineyard, restaurant and winery buildings. The site is located in close proximity to Big Brook Dam. The applicant is requesting approval for the redevelopment of the existing café/restaurant and cellar door building.

The key elements of the proposal are:

· Removal of the existing dining tram (now removed from site), enclosed deck and wrap-around verandah and all associated roofing;

· New outdoor tasting area 7x6 (42m²);

· New dining/function area 19.5m by 5.4m (105.3m²);

· New toilets;

· Internal reconfiguration of cellar door area; and

· New outdoor dining area.

A copy of the proposed development plans are attached.

ATTACHMENT: 9.5.4(1)

The application is referred to Council for determination, as Shire officers do not have the delegated authority to determine the application.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No.4 (the Scheme) for a 21 day period. Consultation comprised correspondence to adjoining landowners, a notice on the Shire’s website and in the local paper and a sign was placed on site. Correspondence was also sent to the Ward Councillor, the Department of Biodiversity Conservation and Attractions (DBCA) and the Department of Planning Lands and Heritage (DPLH).

Submissions closed on 11 September 2019.

Prior to the close of the submission period, submissions were received from DBCA and the Aboriginal Lands section of DPLH. Copies of the comments received are attached.

ATTACHMENT: 9.5.4(2)

COMMENT (Includes Options):

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

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

(vi) the local government’s adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4 ….;

(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

(xi) the cultural significance of any place or area affected by the development

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

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

Consistency with Zoning

The provisions of the Scheme includes the subject land within the Priority Agriculture zone. The objective of this zone is to provide for the sustainable use of high quality agricultural land, particularly where water resources exist, preserving agricultural production and allowing for new agricultural production by securing suitable land and water resources and to provide for intensive agricultural and horticultural production including market gardens, orchards and vineyard enterprises.

The existing Winery, Restaurant and the associated Cellar Door Sales use is consistent the objectives for Priority Agriculture zones. The development will continue the value adding rural pursuits occurring on the site.

Land Use Classification and Permissibility

The applicant is not introducing new land uses to the property, however is altering and expanding on the existing Café/Restaurant and Cellar Door Sales land uses.

A Restaurant is defined in the Scheme as a premises where the predominant use is the sale and consumption of food and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Licensing Act 1988. A Restaurant is an ‘A’ use within the Priority Agriculture zone, that is a use that is “not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6.”

The existing cellar door sales area is proposed to be expanded as part of this application to include an outdoor tasting area.

Previous Planning Approvals

The existing Cellar Door Sales and a Café within an existing rammed earth building were conditionally approved under delegated authority in March 1999, with the use to be served by a total of 14 carparking bays, including two accessible parking bays.

Subsequently in February 2000, Council granted conditional approval to the establishment of a Micro Brewery to enhance the operation of the Cellar Door Sales and Café operations.

Car Parking / Site Access

In accordance with Part 5.17 of the Scheme, on-site parking for a Restaurant is required to be provided at a rate of 1 space per 4 patrons. Local Planning Policy 6.1.11 Rural Land Uses provides a parking requirement for cellar door sales at a rate of 1 bay per 25m² gross floor area.

With the proposed restaurant catering for 100 patrons, 25 car parking bays are required. In addition the 42m² proposed tasting area would generate a requirement of 2 parking spaces.

The applicant has advised that there are 40 car parking spaces on the property serving the existing land uses. It is however noted that the majority of this area is not formally constructed, sealed or marked.

In accordance with clause 5.17.9 of the Scheme, “Except as may otherwise be approved by the local government, all parking areas shall be constructed with a sealed surface comprising bitumen seal, concrete, brick paving or pea-gravel seal on a compacted gravel base…”. The clause furthermore states that car parking areas shall be drained and line marked.

In order to comply with the scheme, 27 car parking bays are required to be constructed on the property. Given the rural location and amenity of the property, formal sealing of all parking areas is not recommended. It is however recommended that the applicant be required to submit plans demonstrating the provision of not less than 27 parking bays and that these bays be constructed to a gravel standard as a minimum.

Bushfire Prone Area

The property is located within an area declared as ‘bushfire prone’ by the Department of Fire and Emergency Services (DFES). The applicant has undertaken a Bushfire Attack Level (BAL) and has been assessed as being a BAL12.5. Approval to the application would therefore be consistent with the requirements for development in a bushfire prone area as prescribed by State Planning Policy No 3.7 and the associated guidelines.

Environmental Health Considerations

The proposed redevelopment will result in a potential increase in patronage and effluent waste disposal requirements. An advice note is recommended advising that a formal re-assessment of the existing effluent disposal system will be required prior to the issue of a building permit.

With respect of potable water and compliance with food safety standards, the Shires Principal Environmental Health Officer has advised that periodic inspection have identified no major concerns.

Traffic Management

The application has been assessed by the Shires’ Manager of Technical Services who has advised that the existing roads are of a sufficient standard to cater for any increase in vehicular traffic that may result from the proposed extensions/alterations.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

By granting approval to the Restaurant redevelopment, Council will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2019-2029:

B4. Support sustainable agricultural expansion, value-adding and downstream processing, research and development, culinary and agri-tourism, land protections, and continued support for the Southern Forests Food Council.

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: The application as submitted will assist the current landowners in continuing ongoing tourism and hospitality on the property.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval to the Restaurant redevelopment on Lot 2 (156) Mullineaux Road, Eastbrook (Application TP2019/107) as attached at 9.5.4(1) and subject to the following conditions:

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

Document Ref	Title	Date Received
A0.01	Proposed Site Plan	7 August 2019
A0.02	Existing/Demo Roof	7 August 2019
A0.03	Proposed Roof Plan	7 August 2019
A1.01	Proposed Floor Plan	7 August 2019
A1.02	Demolition Floor Plan	7 August 2019
A2.01	Proposed Elevations	7 August 2019
A2.02	Proposed Elevations	7 August 2019

b) Notwithstanding condition (a) above, prior to the issue of a building permit, the applicant shall submit a revised site plan detailing the provision of not less than 27 car parking bays on site in accordance with the requirements of the Shire of Manjimup’s Local Planning Scheme No 4, to the satisfaction of the Chief Executive Officer.

c) Prior to the occupation or use of the development hereby approved, the area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall:

i. be constructed with a gravel surface as a minimum standard and marked to the satisfaction of the Council prior to the commencement of the use hereby permitted.

ii. thereafter be maintained to the satisfaction of the Council.

iii. be made available for such use at all times and not used for any other purpose.

iv. be properly formed to such levels that it can be used in accordance with the plan.

d) This approval shall expire if the development hereby permitted is not completed within two years of the date hereof, or within any extension of that time which, upon written application (made before or within 21 days after the expiry of the approval) to Shire of Manjimup, is granted by it in writing.

Advice to applicant:

i. This development approval is NOT a building permit. A certified building permit for the change of use must be formally presented to and approved by Building Services to formalise the development.

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

iii. The applicant is advised that due to the potential for increase patronage and associated waste-water, there is a need for a formal review of the current effluent disposal system and that this must be completed prior to the issue of a building permit. It is recommended that the applicant liaise with the Shires Principal Environmental Health Officer over this requirement.

iv. Any retaining walls in excess of 500mm in height required in connection with development shall be so constructed as to accord with plans and specifications prepared by a practising structural engineer to the satisfaction of the Shire of Manjimup and details and particulars of the certified plans and specifications shall be provided to Shire of Manjimup as part of any application for a building permit.

v. The applicant is advised that the current level of construction of Mullineaux Road is considered appropriate to support the proposal and no upgrade of the road will take place to cater for increased traffic that may be generated by the development.

vi. The applicant is advised that a revised Liquor License may be required to be applied for and approved for the redeveloped Restaurant and cellar door areas. It is recommended that the proponent consult with the Liquor Licensing Division, either directly (on 1800 634 541) or via the website: www.rgl.wa.gov.au for further information.

vii. The applicant is advised that the development is to comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 1911.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27950

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

Document Ref	Title	Date Received
A0.01	Proposed Site Plan	7 August 2019
A0.02	Existing/Demo Roof	7 August 2019
A0.03	Proposed Roof Plan	7 August 2019
A1.01	Proposed Floor Plan	7 August 2019
A1.02	Demolition Floor Plan	7 August 2019
A2.01	Proposed Elevations	7 August 2019
A2.02	Proposed Elevations	7 August 2019

c) Prior to the occupation or use of the development hereby approved, the area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall:

i. be constructed with a gravel surface as a minimum standard and marked to the satisfaction of the Council prior to the commencement of the use hereby permitted.

ii. thereafter be maintained to the satisfaction of the Council.

iii. be made available for such use at all times and not used for any other purpose.

iv. be properly formed to such levels that it can be used in accordance with the plan.

Advice to applicant:

i. This development approval is NOT a building permit. A certified building permit for the change of use must be formally presented to and approved by Building Services to formalise the development.

vii. The applicant is advised that the development is to comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 1911.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.5 Proposed Family Day Care Centre at Lot 6774 (76) Fernhill Road, Dingup

PROPONENT	Ms L A Russell
OWNER	Ms L A Russell
LOCATION / ADDRESS:	Lot 6774 (76) Fernhill Road, Dingup
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/84 & P54191
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	13 September 2019
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider an application for a Family Day Care at Lot 6774 (76) Fernhill Road, Dingup.

The subject site has an area of 24.43 hectares and is located in a Priority Agriculture zone that adjoins State Forest to the west, National Park to the east, with other Priority Agriculture zoned land to the north. The site is currently developed with a 140m² (footprint) two-storey dwelling, various outbuildings, a small dam and swimming pool.

The property contains a significant area of bushland and the majority of the land (including the dwelling location) is identified as being within a designated Bush Fire Prone Area . A location plan is shown below.

LOCATION PLAN

The applicant is proposing to establish a Family Day Care centre utilising the existing lounge and study on the ground floor of the dwelling. The key elements of the proposal are as follows:

· The land owner is the only member of staff;

· Hours of operation – 7:30am to 5:30pm with occasional afterhours/overnight care; and

· the care of a maximum 6 children, with a maximum of 4 of those aged 0 to 4 years at the premises at any one time;

A copy of an aerial photograph, the application, Bushfire Management Plan and BAL report are attached.

ATTACHMENT: 9.5.5(1)

The application has been referred to Council for determination, as Shire staff do not have delegated authority to determine the application given its use class.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No.4 for a 21 day period to adjoining landowners, a notice was placed on the Shire’s website, in the local paper and a sign was placed on site. Correspondence was also sent to the Ward Councillor, the Department of Biodiversity Conservation and Attractions (DBCA) and the Department of Fire and Emergency Services (DFES). Submissions closed on 26 June 2019.

At the close of submissions the only submissions received were from DBCA and DFES. Whilst the content of those submissions is discussed in the comment section below, full copies of the submissions are attached.

ATTACHMENT: 9.5.5(2)

COMMENT (Includes Options):

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

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

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

(xiv) whether the land in 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, bushfire or any other risks; and

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

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

Consistency with zoning

The provisions of the Scheme includes the subject land within the Priority Agriculture Zone. The objectives of this zone is to provide for the sustainable use of high quality agricultural land, particularly where water resources exist, preserving agricultural production and allowing for new agricultural production by securing suitable land and water resources and to provide for intensive agricultural and horticultural production including market gardens, orchards and vineyard enterprises.

The proposed land use does not require the establishment of buildings greater in intensity than a primary dwelling on the property and is therefore is unlikely to cause impact on the rural infrastructure and land resources.

Land Use Classification

The proposed land use is classified as “Family Day Care”, which is defined by the Scheme as meaning “..premises used to provide family day care within the meaning of the Community Services (Child Care) Regulation 1988”. This legislation has been repealed and replaced with Education and Care Services National Law (WA) Act 2012, which defines a family day care residence as follows:

‘a residence at which a family day care educator educates and cares for children as part of a family day care service’;

Land Use Permissibility

A ‘Family Day Care’ is an ‘A’ land use within LPS No 4, being a use which “is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6”.

Proposed Land Use Area

The applicant is proposing to make available a ground floor lounge and study/bedroom for use as a child friendly play zone. The back garden has been made into a nature based indoor/outdoor play area. Parents will need to supply their child’s meals however home cooked meals may be offered in the future.

Vehicles and Parking

In accordance with Clause 5.17 of the Scheme, on-site parking is required to be provided at rates identified for land uses within Table 2 – Car Parking Requirements. A Family Day Care generates a requirement of 1 space per staff member plus two extra spaces for the picking up and setting down of persons. There are two existing parking spaces under a carport at the property for the landowner/staff and an adequate space alongside the dwelling for pickup/drop off areas.

The drop-off and pick up of children from the property is not expected to generate any significant increase in traffic volume along Fernhill Road. It is expected that parents will ‘stagger’ the dropping off and picking up of children over the course of the day.

Building Requirements

Provided the applicant meets all statutory childcare licensing requirements for Family Day Care Services then no Building Permit or reclassification of the dwelling will be required. No additional structures are proposed by the application.

Bushfire Prone Area

The property is located within an area declared as ‘bushfire pone’ by the Fire and Emergency Services Commissioner under the Fire and Emergency Services Act 1998. The applicant has undertaken a Bushfire Attack Level (BAL) and has been assessed as being a BAL29.

As the proposed land use falls within the definition of a Vulnerable Land Use under State Planning Policy 3.7 Planning in Bushfire Prone Areas, the applicant was requested and has prepared a Bushfire Management Plan and an Evacuation Plan for the property.

DFES has reviewed the proposal and determined the land use to align with the definition of ‘Minor Development’ “due to the scale consistent with a scale consistent with a typical residential dwelling and it is recognised that there may be limited ability to achieve full compliance with the bushfire protection criteria.” DFES advised that it had no further comment to make on the proposal.

The Shire’s Community Emergency Services Manager has reviewed the Bushfire Management Plan and Evacuation Plan and is satisfied that the mitigation measures included reduce the risk to the users.

Health Requirements

To ensure children in attendance are provided with suitable quality water as per Australian Drinking Water Guidelines, Shire Officers will be undertaking water sampling periodically.

Should the applicant elect to commence food preparation for children being cared for, they would be required to submit an application for a Food Premises. This advice has been incorporated into the recommendation.

Traffic Management

Whilst the Shires Technical Services advises that the existing road access is considered suitable to service the proposed land use, the road is provided in an ‘as is’ condition. An advice note to this effect has been included in the officers recommendation.

DBCA submission

DBCA were referred the application due to the proximity of State forest and other managed lands. DBCA advised it had no objections to the proposal and provided advice on activities which could occur on the adjacent managed lands. This advice has been incorporated into the recommendations.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

By granting approval to the Family Day Care, Council will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2019-2029:

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

C5. Actively engage children and young people to better understand and encourage services and initiatives that respond to their needs and aspirations

C6. Advocate for the provision of out-of-school and school holiday programs.

C7. Improve early-years development and education outcomes

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: The proposed Family Day Care provides Council with an opportunity to support the further development of a local business. It also provides access to another child care facility to enable parents to return to the workforce.

Social: The applicant will be providing a service to the community that will enable childcare for children.

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 Family Day Care at Lot 6774 (76) Fernhill Road, Dingup (TP2019/78) in accordance with the submitted plans and specifications at attachment 9.5.5(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 from the local government;

Reference	Title	Date Received
1	Ground Floor Plan	28 May 2019
2	Elite Letter of Support	28 May 2019
3	BMP and Evac Plan	14 August 2019

b) This approval is granted until the 30^th June 2021, after which the use shall cease unless an application to renew the use is submitted and approved prior to the expiration date.

c) The Family Day Care hereby approved is limited to a maximum of six (6) persons, a maximum of which four (4) may be aged between 0-4 years in the premises at any one time to the satisfaction of the local government;

d) The Family Day Care must not display a sign exceeding 0.2m² in area;

e) Prior to the commencement of the approved use, the applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup; and

f) The activity hereby approved shall be managed so as to limit the potential impact on the amenity of the adjacent properties.

Advice to Applicant:

i. This approval will be reviewed by the Australian Children's Education and Care Quality Authority when it is assessing the licence application that must be processed and endorsed in order for the proposed Family Day Care to operate;

ii. The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 1911 and the National Construction Code;

iii. The applicant is advised that current level of construction of Fernhill Road considered appropriate to support the proposal and no upgrade of the road will take place to cater for increased traffic that may be generated by the development.

iv. The Department of Biodiversity Conservation and Attractions advises that the proposed land use is located adjacent to managed lands and the following may take place in the proposed forest conservation park:

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

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

· Road construction and maintenance.

v. Further approval is to be sought from the Environmental Health Services of the local government for the provision of food and beverages to users of the Family Day Care.

2. Advise the Department of Local Government and Communities of point 1 above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27951

That Council:

Reference	Title	Date Received
1	Ground Floor Plan	28 May 2019
2	Elite Letter of Support	28 May 2019
3	BMP and Evac Plan	14 August 2019

b) This approval is granted until the 30^th June 2021, after which the use shall cease unless an application to renew the use is submitted and approved prior to the expiration date.

d) The Family Day Care must not display a sign exceeding 0.2m² in area;

e) Prior to the commencement of the approved use, the applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup; and

f) The activity hereby approved shall be managed so as to limit the potential impact on the amenity of the adjacent properties.

Advice to Applicant:

ii. The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 1911 and the National Construction Code;

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

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

· Road construction and maintenance.

v. Further approval is to be sought from the Environmental Health Services of the local government for the provision of food and beverages to users of the Family Day Care.

2. Advise the Department of Local Government and Communities of point 1 above.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.7 Delegated Planning Decisions for August 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:	Sean Tysoe
DATE OF REPORT:	1 September 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 August 2019 is attached.

ATTACHMENT: 9.5.7(1)

PUBLIC Consultation Undertaken:

As shown in the attachment, 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 August 2019, five (5) 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 August 2019 compared to August 2018:

Table 1: Planning Decisions Made July 2018 and 2019

	August 2018	August 2019
Delegated Decisions	13 ($523,054)	5 ($227,805)
Council Decisions	3 ($7,081,000)	0 ($0)
Total	16 ($7,604,054)	5 ($227,805)

Table 2 compares the Year-To-Date statistics for delegated authority and Council decisions for 2019-20 compared to the previous Financial Year:

Table 2: Planning Decisions Made Year-To-Date 2018-19 and 2019-20

	YTD 2018-19	YTD 2019-20
Delegated Decisions	19 ($1,208,554)	12 ($1,598,293)
Council Decisions	9 ($8,181,000)	2 ($35,000)
Total	28 ($9,389,554)	14 ($1,633,293)

STATUTORY ENVIRONMENT:

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

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

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

Policy / Strategic Implications:

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

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receives the report on Delegated Development Approvals for August 2019 as per ATTACHMENT: 9.5.7(1)

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27952

That Council receives the report on Delegated Development Approvals for August 2019 as per ATTACHMENT: 9.5.7(1)

ADOPTED BY EN BLOC RESOLUTION: 10/0

Councillor Herbert declared an Impartiality Interest in this Item as his daughter is related to the proponent. Councillor Herbert declared that he would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.5.10 Request for Revised Zoning under Draft Local Planning Scheme No 5 - No 8 (Lot 2) Callcup Road, Pemberton

PROPONENT	A & J Mills
OWNER	A & J Mills
LOCATION / ADDRESS:	No 8 (Lot 2) Callcup Road, Pemberton
WARD:	West
ZONE:	Tourist Enterprise
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F180072 & P56454
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	23 September 2019
DECLARATION OF INTEREST:	The Manager of Technical Services is related to the applicant but has not participated in the assessment of this request or preparation of the agenda item.

Background:

The subject land is a 20.3426ha property located on the western side of the Pemberton-Northcliffe Road immediately west of Callcup Road. The site is located directly west of the Warren River Resort, approximately 7km south/ south-west of the Pemberton Townsite. The site is currently developed with a dwelling, large dam and several marron ponds.

A location plan is shown below.

Location Plan

The owners of the property have lodged correspondence with the Shire, requesting that the land be included within the General Agriculture Zone under draft Local Planning Scheme No 5 for the following reasons:

a) The owners currently utilise the land for farming and aquaculture;

b) They have no intention of developing the site with Tourist facilities; and

c) in order to permit the land to be utilised for a full range of agriculture activities in the future.

A copy of the submitted correspondence is shown attached.

ATTACHMENT: 9.5.10(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

To assist Council in determining this request, the following information is provided:

Local Planning Scheme No 2

Under the Shires previous Local Planning Scheme No 2, the subject land was included within the Rural Zone. This zoning allowed the land to be considered for a comprehensive range of rural activities including the current use of the land for aquaculture.

Local Planning Scheme No 4

When gazetted, Local Planning Scheme No 4 (LPS No 4) included the subject land along with a number of other properties within the Tourist Enterprise Zone.

The purpose of the Tourist Enterprise Zone is to “encourage the development of a wide range of tourist and recreation facilities and quality tourist accommodation and activities for visitors at appropriate locations within the rural areas and townsites of the local government area.”

As shown on Table 1 of LPS No 4 - Zoning and Development Table, uses such as “Agriculture – Extensive”, “Agriculture – Intensive”, “Animal Husbandry – Intensive” and “Aquaculture” are all “X” uses (prohibited) within the Tourist Enterprise Zone. The Scheme defines these uses as follows:

“agriculture – extensive” means premises used for the raising of stock or crops but does not include agriculture – intensive or animal husbandry – intensive;

“agriculture – intensive” means premises used for trade or commercial purposes, including outbuildings and earthworks, associated with the following:

(a) the production of grapes, vegetables, flowers, exotic or native plants, or fruit or nuts;

(b) the establishment and operation of plant or fruit nurseries, and;

“animal husbandry – intensive” means premises used for keeping, rearing or fattening of pigs, poultry (for either egg or meat production), rabbits (for either meat of fur production) and other livestock feedlots;

“aquaculture” means any fish farming operation for which a Fish Farm license issued pursuant to the provisions of Part V of the Fisheries Act, 1905 (as amended), and the Fisheries Regulations, 1938 (as amended), is required;

Given that the above uses are prohibited within the Tourist Enterprise Zone, they cannot be approved on the subject land unless the current scheme provisions are modified.

Justification of Tourist Enterprise Zone

Examination of Shire records has identified that at the time LPS No 4 was being prepared, the Western Australian Planning Commissions Statement of Planning Policy No 2.5 included restrictions effectively prohibiting the establishment of Tourist Accommodation on land included within the Priority Agriculture Zone. As a result land with potential for tourist accommodation and other activities, that otherwise would have been located in the Priority Agriculture Zone were included within the Tourist Enterprise Zone.

During advertising of then draft LPS No 4 numerous submissions were received from the owners of land to be zoned Priority Agriculture, objecting to the restriction. Given the provisions of SPP No 2.5 had been modified to permit low impact tourist accommodation, the draft Scheme provisions were modified to permit such accommodation. It appears however that land that was included in the Tourist Enterprise Zone remained in that proposed zoning, irrespective of whether there was potential for agricultural activities to be undertaken.

Non-Conforming Use Rights

In accordance with clause 4.21 of LPS No 4, a use that does not comply with the current Scheme may continue on a property, where that use or development lawfully commenced development prior to the introduction of the Scheme.

In this case, as the landowner established infrastructure specifically for Aquaculture prior to gazettal of LPS No 4, this use may continue. The owners’ ability to consider other agricultural uses such as an orchard is severely restricted.

Conclusion

Examination of LPS No 4 confirms that several parcels of land that were included within the Tourist Enterprise Zone contain significant water resources and cleared land that would be suitable for intensive agricultural production, if such uses were not prohibited by the provisions of LPS No 4.

In this case, the subject land is 20.3426ha and contained both a significant water resource (dam) and more than 11ha of cleared and otherwise undeveloped paddocks. Inclusion of the land within the Priority Agriculture Zone under draft Local Planning Scheme No 5 is therefore supported.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Policy / Strategic Implications:

The inclusion of the subject land within the Priority Agriculture Zone under draft Local Planning Scheme No 5 is consistent with the following recommendation contained within the Shire of Manjimup Strategic Community Plan (2019-2029):

Organisational risk management:

Nil

Financial Implications:

Modification of the proposed zoning under draft Local Planning Scheme No 5 can be completed as part of the finalisation of the draft with no significant cost to the Shire.

Sustainability:

Environmental: As reflected within the comment section above, the subject land contains substantial areas of cleared land and an existing water source that would be suitable for intensive agricultural pursuits.

Economic: Including the land within the Priority Agricultural Zone will allow the potential use for horticulture/agricultural uses to be maximised.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Advise the owners of No 8 (Lot 2) Callcup Road, Pemberton that it supports the subject land being included within the Priority Agricultural Zone under Draft Local Planning Scheme No 4; and

2. Request the Chief Executive Officer to include the land referred to within point 1 above within the Priority Agricultural Zone under Draft Local Planning Scheme No 5.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27953

That Council:

1. Advise the owners of No 8 (Lot 2) Callcup Road, Pemberton that it supports the subject land being included within the Priority Agricultural Zone under Draft Local Planning Scheme No 4; and

2. Request the Chief Executive Officer to include the land referred to within point 1 above within the Priority Agricultural Zone under Draft Local Planning Scheme No 5.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.11 Revisions to Proposed Local Scheme Amendment No 21 - Boronia Ridge Estate, Walpole

PROPONENT	Williams Consulting
OWNER	Sunland Pty Ltd
LOCATION / ADDRESS:	Lots 303 and 655 Karri Street, Walpole
WARD:	South
ZONE:	Residential
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	23 September 2019
DECLARATION OF INTEREST:	Nil

Background:

The Boronia Ridge Estate is a residential estate approximately 500m west of the Walpole, falling within the Walpole town site boundary. Whilst the majority of the estate has been developed, Lots 303 and 655, comprising a total area of approximately 19.614ha are yet to be subdivided. A location plan shown Lots 303 and 655 is shown below, whilst a copy of the approved Subdivision Guide Plan is shown attached.

ATTACHMENT: 9.5.11(1)

Location Plan

At its Ordinary Meeting held on 14 September 2017, Council was requested to consider adopting Amendment No 21 to Local Planning Scheme No 4 for final approval, increasing the maximum permitted density to facility a revised subdivision concept plan. A copy of the Subdivision Concept Plan as adopted by Council is shown attached.

ATTACHMENT: 9.5.11(2)

Having regard to the submissions received during advertising of the proposal, Council resolved to adopt the Amendment subject to the following modifications:

“a. Modification of the design of Lot 7 to 10 and their proposed access arrangements to reflect either direct frontage to a constructed road, or the use of traditional battle axe arrangements as already existing within the estate;

b. Expansion of the proposed vegetated buffer abutting the South Western Highway to a minimum of 14 metres in width to ensure the retention of not less than 10 metres of native vegetation and a 4 metre firebreak abutting the rear boundary of the proposed lots;

c. Reference to the wholesale clearing of the land being modified so to as to ensure the retention of all live standing trees not effected by works associated with the subdivision and future lot boundaries; and

d. Updating of the Fire Management Plan to reflect points (b) and (c) above and the comments received from the Department of Biodiversity and Attractions.”

Subsequently, correspondence was received from the Department of Fire and Emergency Services (DFES) objecting to the proposed Subdivision Concept Plan due to concerns regarding access and various other matters. The DFES objection essentially prevented the draft Local Planning Scheme Amendment from being considered for final approval.

A revised Subdivision Concept Plan has subsequently been prepared by the applicants along with a revised Fire Management Plan. A copy of the revised Subdivision Concept Plan is shown attached.

ATTACHMENT: 9.5.11(3)

Council is now requested to further consider the Local Planning Scheme Amendment on the basis of the revised Subdivision Concept Plan and associated Fire Management Plan which has been conditionally supported by DFES.

PUBLIC Consultation Undertaken:

Local Scheme Amendment No 21 was previously advertised for public comment in accordance with the requirements of the Planning and Development Act 2005. Following the close of advertising an objection was received from the DFES.

The revised Subdivision Concept Plan and associated Bushfire Management Plan have subsequently been referred to and conditionally by DFES.

COMMENT (Includes Options):

In order to address the concerns of DFES and ensure compliance with the requirements of the Western Australian Planning Commission’s State Planning Policy 3.7 – Planning for Bushfire, the revised subdivision concept plan outlines the following modifications to the Subdivision Concept Plan as contained within proposed Local Scheme Amendment No 21 previously advertised for public comment:

a) Modification of the proposed access arrangements to introduce a new 15 metre road reserve connecting to Karri Street;

b) Deletion of two proposed narrow access ways and numerous associated battleaxe legs; and

c) Reconfiguration of the lots in response to the above.

Summary of Revised Lot Configuration

The revised Subdivision Concept Plan outlines that a total of 33 lots will now be created ranging from 585m² to 2,530m². This represents a significant change from the previous proposal, as endorsed by Council, for 44 lots ranging from 582m² to 1,480m².

Public Open Space

Proposed Open space arrangements remain unchanged, being:

a) A 502m² area of public open space abutting an existing reserve on Bottlebrush Way; and

b) A 1,272m² parcel of open space abutting existing open space abutting Karri Street.

The areas of open space and their location are consistent with the currently approved Subdivision Guide Plan.

Process to Finalise Scheme Amendment

The revised lot configuration and the associated Fire Management Plan represent significant changes to the original proposal as contained within draft Local Planning Scheme Amendment No 21.

Given the time that has passed since Council’s previous decision and the substantial modifications, it is recommended that Council essentially recommence the scheme amendment process. This will require the amendment to be referred to the Environmental Protection Authority for assessment, followed by readvertising the proposal for public comment.

Conclusion

The modification of the Subdivision Concept Plan and associated Fire Management Plan have been supported by DFES, who opposed the previous design as advertised within Local Planning Scheme Amendment No 21.

Whilst the proposed changes to the Subdivision Concept Plan result in a wider range of lot sizes and address concerns previously highlighted in respect of the use of battleaxe lots, the changes are substantial. It is therefore recommended that the proposal be readvertised for public comment following assessment by the Environmental Protection Authority, in accordance with the requirements of the Planning and Development Act 2005.

STATUTORY ENVIRONMENT:

Local Planning Scheme’s may be amended in accordance with Section 75 of the Planning and Development Act 2005. The procedure for amending the LPS is prescribed by the Planning and Development (Local Planning Scheme) Regulations 2015.

Policy / Strategic Implications:

The Shire of Manjimup’s Local Planning Strategy recognises that whilst there is no shortage of residential land in Walpole, the ability for the Town to expand is severely limited given the surrounding National Park.

Within Western Australia, State Planning Policy No 3 – Urban Growth and Settlement is used to guide the planning of urban settlements and/or growth. Section 5.1 of the policy (Creating Communities), identifies several key requirements to ensuring sustainable communities that are relevant to the current application. These are:

· Variety and choice in size, type and affordability of housing to support a range of household sizes; and

· Making the most efficient use of land in existing urban areas through the use of vacant and underutilised land.

Given the limited amount of private land serviced with reticulated sewerage in proximity of the Walpole Townsite, it is considered that there is merit in maximising the number of residential lots that may be created whilst adequately addressing Planning for Bushfire requirements outlined by State Planning Policy No 3.7 and the comments of DFES.

Organisational risk management:

Nil.

Financial Implications:

Should the Scheme Amendment be successful, there is potential for the creation of 33 residential properties within the balance of the estate, representing an increase of 14 lots above that allowed for within the current Subdivision Guide Plan.

Sustainability:

Environmental: As detailed above, potential environmental impacts associated with the scheme amendment will be assessed by the Environmental Protection Authority (EPA).

Economic: An increased lot yield has the potential to reduce development costs on a per-lot basis, as well as allow a larger number of dwellings to be constructed in the Estate.

Social: The increasing of the lot density as proposed may have potential to impact on the amenity of the area, particularly those existing lots within the Boronia Ridge Estate.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Endorse the revised Subdivision Concept Plan relating to proposed Local Scheme Amendment No 21 – Boronia Ridge Estate as shown at Attachment: 9.5.11(3);

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

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

4. Await a further officer report on the amendment following the close of advertising referred to in point 3 above; and

5. Advise the Department for Planning/Western Australian Planning Commission of points 1 to 4 above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27954

That Council:

1. Endorse the revised Subdivision Concept Plan relating to proposed Local Scheme Amendment No 21 – Boronia Ridge Estate as shown at Attachment: 9.5.11(3);

4. Await a further officer report on the amendment following the close of advertising referred to in point 3 above; and

5. Advise the Department for Planning/Western Australian Planning Commission of points 1 to 4 above.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.8.1 Consideration of the Department of Health's Discussion Paper - Managing Public Health Risks associated with Pesticides in
Western Australia

PROPONENT	Shire of Manjimup
OWNER	WA Department of Health
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161314
LEGISLATION:	Public Health Act 2016, Health (Pesticides) Regulations 2011; Health (Miscellaneous Provisions) Act 1911
AUTHOR:	Roisin Olsen
DATE OF REPORT:	18 September 2019
DECLARATION OF INTEREST:	Nil

Background:

The WA State Government gazetted the Public Health Act 2016 for Western Australia on the 26 July 2016. The new Act, which will be progressively implemented, will repeal much of the outdated Health (Miscellaneous Provisions) Act 1911 and take a more contemporary risk based approach to dealing with public health matters. Full implementation expected by 2021.

All regulations previously adopted under the Health (Miscellaneous Provisions) Act 1911, including the Health (Pesticides) Regulations 2011 (Regulations), are currently under review and will be either repealed or replaced.

A discussion paper ‘Managing public health risks associated with pesticides in Western Australia’ has been released for public comment. The paper prepared by the WA Department of Health (DOH), examines the current Regulations and regulatory environment for pesticide use in Western Australia. It also presents options for public consideration relating to future regulation and invites feedback on the proposed options.

A copy of the DOH’s discussion paper is attached for Council’s consideration.

ATTACHMENT: 9.8.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

A thorough review of the discussion paper has been undertaken by Shire Officers within the Development and Regulation Directorate. To assist Council in considering a response to the discussion paper, the following comments are offered:

Current Regulatory Framework

The DOH is currently the sole regulatory authority in Western Australia for approving and issuing pest management technicians licences and pest management business registrations. It should also be noted that Health Departments are generally the regulatory/enforcement agencies across jurisdictions in Australia.

Given the centralised location of DOH in Perth, Local Authority Environmental Health Officers are often requested to assist in matters relating to pesticides and other Environmental Health Issues within the community.

The DOH views the process of repealing the current Regulations and introducing an appropriate legislative structure under the Public Health Act 2016 as an opportunity to fine-tune and simplify current industry compliance requirements.

DOH Proposals

As part of the review process, the DOH are proposing the following three options for dealing with the regulation of the pesticide industry in Western Australia:

Option A: Take no action (repeal current Regulations without replacement)

Current Regulations place the responsibility in respect of pesticide use, enforcement and licensing with the Department of Health.

Individual Local Governments would become responsible for determining pesticide application safety within their jurisdiction and would have the potential to draft local laws to regulate the use of pesticides within their jurisdiction boundary. The DOH would provide guidance documents on minimising health risks, which would be enforced using the general public health duty provided by the Public Health Act 2016.

However, if a complaint arose, it would be the responsibility of authorised officers within the Local Government to deal with the matter including issuing improvement notices, enforcement orders and/or commencing prosecution. Due to the lack of specific and/or inconsistent legislation across jurisdictional boundaries, this could result in confusion and difficulty in dealing with complaints. As local governments can be a significant user of pesticides, this could also present conflict of interest issues.

This option is not supported given that it would create an impost on Local Authorities and result in inconsistent approaches throughout the State with each Local Authority adopting their own preferences.

Option B: Retain the existing regulatory regime by making new regulations under the Public Health Act 2016 identical to those in force under the Health (Miscellaneous Provisions) Act 1911

The Pesticide Industry would continue to comply with registration and licensing requirements including regular inspections of businesses and industry vehicles, site inspections and investigation as required. The current Regulations however are very prescriptive in their nature and take a ‘one size fits all’ approach, which would not align with the risk based approach of the Public Health Act 2016 or adapt to evolving technologies and changing practices of the industry. Furthermore, the current Regulations only allow for penalties after a public health incident has occurred and can only be imposed after a successful prosecution, which can be a cumbersome process.

It should also be noted that the DOH have stated in their discussion paper that they would attempt to replicate all of the current regulatory provisions, as far as practicable, in the new system. As such there is no guarantee that the existing Regulations would be retained in their current format. There is also no guarantee that DOH would continue to act as the enforcement and licensing agency and may transfer responsibility to Local Governments.

This option is not supported as there is no guarantee that the existing regulations would be retained, potentially resulting in a further impost on Local Government resources. Furthermore the current Regulations are very prescriptive and provide a one size fits all regulatory framework which does not align with the risk based approach of the new Public Health Act 2016.

Option C: Provide new, updated regulations under the Public Health Act 2016

This option would have regulatory requirements and Authorised officers would remain responsible for administering the new regulations. A centralised and proactive approach to pesticide management would continue, with universal compliance requirements for industry under the registration and licensing system, regular inspections of businesses, industry vehicles, site inspections and investigations as required.

The DOH have also stated in their discussion paper that the new Regulations may prescribe offences in relation to an activity and provide modified penalties for which an infringement notice may be issued. This will provide a more cost effective and efficient method for dealing with particular offences.

Potentially this option would result in Local Authorities Officers still being requested to assist in investigations, but the responsibility for the enforcement and licensing would remain with DOH. Shire Officers support this option as outlined below.

DOH Preferred Option

The preferred option of the DOH is to repeal the current Regulations and replace them with new regulations under the Public Health Act 2016 (Option C). If this option is adopted, DOH proposes a number of changes to create updated, effective and consistent legislation. There are nine proposals in total for consideration and a copy of these proposals are attached.

ATTACHMENT: 9.8.1(2)

The following two proposals in particular will impact heavily on Local Government:

· Proposal 3: Removal of licensing exemption criteria for individuals employed exclusively by local government authorities and State government departments.

Under the current Regulations, local government employees who are involved in the application of pesticides (not including fumigations) are exempt from licencing. However, they must observe general safety rules for the possession, use and disposal of pesticides and comply with the general Occupational Safety and Health (OSH) duty of care.

The DOH asserts that, based on a risk comparison of Local and State Government employees with other licenced pest management operators, the licencing exemption for Local Government employees should be removed. The reasoning behind this proposal is that DOH believes many individuals employed by Local Government may not have the experience of licensed Pest Management Technicians (PMT) therefore this exemption presents a public health risk particularly when pesticides are applied in urban areas and/or public places.

Whilst there would be no expectation for Local Governments to register as a Pest Management Business under the new regulations, the proposed change would mean that all Local Government employees involved in pest management would require an individual pest management licence. The current Regulations require an individual to be assessed by a General Practitioner and deemed medically fit for the purpose of handling pesticides. They will also be required to enrol in an approved Cert III course in Urban Pest Management from an approved training provider in order to obtain a Provisional licence. This allows the individual to operate under supervision for a probationary period of 12 months. The individual can then apply for an extension to the probationary period or after successful completion of the approved Cert III course, apply to convert the provisional licence to a PMT Licence.

· Proposal 7: Local Government replaces the DOH as the enforcement agency and undertakes all administrative, assessment, inspection and approvals tasks identified under the new regulations.

DOH Authorised Officers currently administer and enforce the existing Regulations therefore the body of knowledge and expertise sits with DOH Officers. The role of the DOH in regulating the pesticide industry currently involves the following:

1. Assessing new applications for registration of pest management businesses and licensing of pest management technicians.

2. Issuing certificates of registration and licence ID cards.

3. Undertaking inspections of new pest management businesses and vehicles.

4. Assessing and issuing renewals of registration and renewals of licence as required.

5. Investigating breaches of the regulations and conducting ad-hoc inspections of businesses and vehicles.

The proposal to appoint Local Government as the enforcement agency has been recommended by DOH to address the logistical and financial difficulties the Department experiences when regulating regional and remote industry providers from a centralised location in Perth. As such the change would essentially be transferring all responsibility, costs and liability away from State Government to Local Government.

There would be an increase in administrative responsibility for Shire staff, in particular, the Principal Environmental Health Officer who would be the Authorised officer for administering the new regulations. It is also likely that further training would need to be undertaken to ensure the Authorised officer met the required competency levels in assessment of applications and vehicles. Whilst the DOH would provide guidance, at this stage, there is no additional funding available for Local Governments to carry out these duties therefore the additional costs would have to be absorbed by Council in their annual budget.

Currently there are 8 pest management businesses and 19 PMTs located in the Shire of Manjimup who are registered with the DOH. The pest management industry however is highly mobile and many PMTs will be registered in one Local Government area but operating across jurisdictional boundaries, which may complicate cost recovery and enforcement.

WALGA Submission

WALGA is currently preparing a submission outlining their support in principle for the introduction of new regulations proposed in Option C, while opposing the removal of licencing exemptions for Local Government employees and the transfer of responsibilities for all regulatory functions to Local Governments.

This view aligns with WALGA’s Public Health Advocacy Plan, which outlines their advocacy, on behalf of Local Governments, to the State Government for more resources and funding to implement public health initiatives under the Public Health Act 2016. WALGA has requested all Local Governments who support this position to provide written feedback to them before 10 October 2019 at which time they will forward a sector submission to DOH.

Conclusion

It is the view of Shire Officers that regulatory control in the form of specific legislation is necessary to protect the public from inappropriate use of pesticides. The current Regulations are very prescriptive and provide a one size fits all regulatory framework which does not align with the risk based approach of the new Public Health Act 2016. Furthermore, DOH has asserted that the existing regulations cannot be completely transitioned over in their current format. There is also a risk that DOH would still nominate Local Government as the enforcement and licencing agency under this option.

The preferred option therefore would be the introduction of new Regulations which would provide universal industry requirements for compliance and align with the Public Health Act 2016. However, it is the view of Shire Officers that Council should oppose the proposals to remove licencing exemptions for Local government employees and the transfer of responsibilities for all regulatory functions to Local governments.

STATUTORY ENVIRONMENT:

The new Public Health Act 2016 aims to provide a flexible and proactive framework for the regulation of public health in WA. It will repeal much of the outdated Health (Miscellaneous Provisions) Act 1911 and use a more risk based approach to dealing with public health issues.

Policy / Strategic Implications:

Nil

Organisational risk management:

Should the preference of the Department of Health be introduced, additional workloads will be placed on the Shire, without the provision of any additional resources. There would also be a risk where standards would vary between Local Governments within the State.

Financial Implications:

If Local Government replaces the DOH as the enforcement and licencing agency then this will create an extra administrative and financial burden on Local Governments which will impact on the Shire of Manjimup’s Annual budget. Whilst Section 294 of the Public Health Act 2016 allows local government to recover costs under the Local Government Act 1995, Part 6, and Division 5, it can be difficult to assess the true cost of a service provided and charges can be difficult to collect.

The potential requirement for Shire employees involved in the handling and application of pesticides to obtain an individual provisional licence and/or PMT licence may also impact on the Annual Budget as well as operational requirements.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, in response to the Department of Health’s discussion paper, ‘Managing public health risks associated with pesticides in Western Australia’, endorses WALGA’s position of supporting in principle the introduction of new regulations proposed in Option C while opposing the removal of licencing exemptions for Local government employees and the transfer of responsibilities for all regulatory functions to Local Governments as outlined in this report including:

a) Additional statutory obligations will create a financial burden on the Shire of Manjimup;

b) Increased administrative responsibility for Shire staff who are already operating under limited resources;

c) The appointment of Local government as the enforcement and licencing agency may result in conflict of interest issues, particularly as local government can be a significant user of pesticides; and

d) The requirement for Shire staff to undertake further training to ensure compliance with the new regulations and enforcement of the regulations and the impost on Local Government resources.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27956

a) Additional statutory obligations will create a financial burden on the Shire of Manjimup;

b) Increased administrative responsibility for Shire staff who are already operating under limited resources;

c) The appointment of Local government as the enforcement and licencing agency may result in conflict of interest issues, particularly as local government can be a significant user of pesticides; and

d) The requirement for Shire staff to undertake further training to ensure compliance with the new regulations and enforcement of the regulations and the impost on Local Government resources.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.9.1 Proposed Adoption of the Shire of Manjimup Early Years Strategic Plan 2019-2029

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Community Services
FILE REFERENCE:	F161218
LEGISLATION:	N/A
AUTHOR:	Sharon Wilkinson
DATE OF REPORT:	19 September 2019
DECLARATION OF INTEREST:	Nil

Background:

A Shire of Manjimup Early Years Strategic Plan 2019-2029 has been prepared. This plan was presented to Council during the Information Briefing session on 28 February 2019.

On 13 June 2019, Council endorsed the release of the draft Shire of Manjimup Early Years Strategic Plan 2019-2029 for the purposes of undertaking public consultation.

The purpose of this report is to seek Council approval to adopt the Shire of Manjimup Early Years Strategic Plan 2019-2029, as attached.

ATTACHMENT: 9.9.1(1)

PUBLIC Consultation Undertaken:

Public consultation was undertaken by the Shire of Manjimup from Wednesday 3 July 2019 through to Wednesday 31 July 2019. The draft document was available on the Shire of Manjimup website for downloading, Administration Counter for collection, and at the Shire libraries for viewing, during the public comment period. The draft document was emailed to all members of the Warren Blackwood Early Years Network. The Manjimup Bridgetown Times carried an article on 19 Jun 2019 and public notices were placed in the Manjimup Bridgetown Times (3 July 2019), Pemberton Community News (July 2019), Northcliffe Karri Pigeon (July 2019) and Walpole Weekly (3 July 19).

Two written submissions were received: from East Manjimup Primary School and the Department of Communities, Children and Families Policy and Service Design division. A summary of the comments is contained in the attached Summary of Public Submissions.

ATTACHMENT: 9.9.1(2)

COMMENT (Includes Options):

Early Childhood refers to the period from conception through to 8 years old. The importance of positive experiences in early childhood cannot be undervalued. Improving children’s development for this critical period can have a transformative social and economic effect for both the child and the community in which they live. The quality of a child’s earliest environments and the availability of appropriate experiences at specific stages of development are crucial in shaping developmental outcomes.

The two public comment submissions suggested several changes to increase the effectiveness of the Strategic Plan, and correct minor errors. A number of amendments to the action plan were made, as well as some minor modifications/corrections made to incorporate the supported comments.

With the commitment and long involvement shown by the Shire to the early years sector, it has been identified that developing a Strategic Plan will serve the community through:

i. Clarification of the Shire’s role in meeting and guiding the identified needs for this age group;

ii. A context for including early years needs in ongoing infrastructure planning;

iii. Direction for community members, government departments, services and program providers in working individually and collaboratively towards quality outcomes for children and their families;

iv. A resource for:

· funding applications for programs and service providers in the early years sector within the Shire;

· supporting service and program providers in addressing identified issues; and

v. Information on what services are available in the community and where the gaps in services are.

STATUTORY ENVIRONMENT:

- The National Early Childhood Development Strategy, Investing in the Early Years (Council Of Australian Government, 2009); and

- Local Government Support and Investment in Early Years Services

(Western Australian Local Government Association, 2011).

Policy / Strategic Implications:

The report relates to goals and strategies in the Shire of Manjimup Strategic Community Plan 2019-2029 including, but not limited to:

- Community Goal 3.1. The range of support services in our community are useful, empowering and aligned to community needs now and in the future;

- Community Goal 3.2. The health and wellbeing of people of all ages and circumstances is supported within their own community;

- Strategy C5. Actively engage children and young people to better understand and encourage services and initiatives that respond to their needs and aspirations;

- Strategy C7. Improve early-years development and education outcomes; and

- Strategy C19. Create, support and promote a broad range sporting, recreational and social opportunities that are accessible and inclusive for all ages and abilities.

Other relevant Shire of Manjimup strategic plans are:

- Access and Inclusion Plan 2018-2023;

- Sport and Recreation Plan Strategic Plan 2014-2024;

- Community Safety and Crime Prevention Plan 2016-2020; and

- Arts and Culture Strategic Plan 2013-2023.

Organisational risk management:

The adoption of the Plan will provide meaningful support for the community to plan and participate in the Early Years sector. The Shire of Manjimup has a vested interest in its youngest community members.

Financial Implications:

As a ‘whole of sector plan’ there are multiple agencies and levels of government responsible for implementing and resourcing the recommendations. As such whilst implementation of the Plan, on an ongoing basis, may have some financial implications for Council when determining the five-year Corporate Business Plan and annual budget priorities, the majority of Shire resources required are already absorbed into existing operational, or project budgets.

Sustainability:

Environmental: Nil

Economic: The Plan seeks to maintain outcomes and strategies that will support children to have the best start to life within the Shire of Manjimup. The economic impact of the plan is through supporting young people in becoming contributing community members, with a sense of belonging and ownership of the place in which they reside.

Social: The Plan seeks to support development and growth in children which greatly influences the trajectory of life outcomes. Support at this phase of development assists children to reach their full potential and lead full and rewarding lives, in turn enriching the communities in which we all live.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Adopt the Shire of Manjimup Early Years Strategic Plan 2019-2029 as per Attachment: 9.9.1(1)

2. Request the Chief Executive Officer to provide relevant feedback to those persons who lodged submissions.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27957

That Council:

1. Adopt the Shire of Manjimup Early Years Strategic Plan 2019-2029 as per Attachment: 9.9.1(1)

2. Request the Chief Executive Officer to provide relevant feedback to those persons who lodged submissions.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

APPENDIX

9.16.1 Unconfirmed Minutes of the Manjimup Recreation Advisory Committee Meeting held 9 September 2019

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170452
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	18 September 2019
DECLARATION OF INTEREST:	Nil

Background:

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

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

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

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

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

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

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

A copy of the endorsed Terms of Reference is appended.

APPENDIX: 9.16.1 (A)

The purpose of this report is to present the unconfirmed Minutes of the MRAC meeting held on 9 September 2019, as attached, for Council consideration.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Councillor Jayde Salomone explained Council’s position on sport/recreation developments, upon which a discussion was held around prioritising sport/recreation infrastructure development projects.

There is one recommendation made by MRAC requiring a Council decision, being:

Committee Recommendation	Officer Recommendation
That the Manjimup Community Recreation Hub Master Plan does not get reviewed and amended, but that it will be delivered on.	That Council endorse the existing Manjimup Community Recreation Hub Master Plan without further review and proceed on this basis.

A discussion was held about the Manjimup Community Recreation Hub Master Plan. It was agreed upon that all community groups/clubs had been thoroughly consulted for the Master Plan; it covers and provides guidance for all demands, and so far no projects have arisen that are not covered in the Master Plan. As such MRAC endorse the existing Master Plan without further review and request Council to proceed on this basis.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. Receive the unconfirmed meeting Minutes of the Manjimup Recreation Advisory Committee meeting held 9 September 2019 as per Attachment: 9.16.1(1); and

2. Endorse the existing Manjimup Community Recreation Hub Master Plan without further review and proceed on this basis.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27958

That Council

1. Receive the unconfirmed meeting Minutes of the Manjimup Recreation Advisory Committee meeting held 9 September 2019 as per Attachment: 9.16.1(1); and

2. Endorse the existing Manjimup Community Recreation Hub Master Plan without further review and proceed on this basis.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.1 Request to Waive Venue Hire Fees for Variety Concert in Aid of Cancer Council Fundraising.

PROPONENT	Jill Woollams on behalf of Variety Concert Organising Committee
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Rose Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Business Directorate
FILE REFERENCE:	F160070
LEGISLATION:	Local Government Act 1995
AUTHOR:	Craig Martyn
DATE OF REPORT:	19 September 2019
DECLARATION OF INTEREST:	Nil

Background:

A request has been received from Jill Woollams on behalf of the event organising committee to waive venue hire fees for the Manjimup Town Hall and kitchen to accommodate a Variety Concert in aid of raising funds to donate to the Cancer Council on the 15 and 16 November 2019.

ATTACHMENT: 9.3.1(1)

The venue has been booked for the 15 November 2019 (Friday) until the 17 November 2019 (Sunday) to allow sufficient time for preparation and clean-up relating to the event. A copy of the signed booking application form is supplied

ATTACHMENT: 9.3.1(2)

This event was last run in November 2017 and had the support of Council by waiving fees for the venue hire on that occasion. The proponent has advised that the event was successful and they raised $15,000 which was donated to the Cancer Council.

The purpose of this report to Council is to consider the request from Variety Concert Organising Committee to waive costs for the 2019 event.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Council receives multiple requests to waive various fees and charges each year. A discount of 75% for Not for Profit community groups is available in accordance with its adopted Fees and Charges, provided all necessary requirements are met. A discount of 75% on venue hire is considered to be a generous concession.

This Variety Concert is raising funds to donate to the Cancer Council, a well- known charity that is working toward preventing cancer and supporting those touched by cancer. The Cancer Council of Western Australia (Inc.) is a registered charity with the Australian Charities and Not-for-Profits Commission. The Cancer Council relies in part on fundraising and donations made by individuals to operate.

With reference to the venue booking application, it states that this event will be a not- for-profit event with proceeds donated to the Cancer Council.

It is noted that the Cancer Council’s Community Fundraising Guidelines encourage organisers to keep their event expenses to no more that 30% of funds raised, acknowledging that some money raised will likely be used to cover costs. It would be expected that venue hire would be absorbed into these costs. For Council’s benefit a copy of the Cancer Council fundraising Guidelines are attached

ATTACHMENT: 9.3.1(3)

Within the venue hire application, a request has been made to waive all fees associated with the hire of the venue. These relevant fees will include venue hire costs for the 3 days of use, commercial kitchen hire and cleaning fees.

Council have already made the decision to offer a 75% discount to all not-for-profit groups as part of it budget process. Whilst this concession is acknowledged, this request seeks further discount on Council fees.

Cleaning Fees and the commercial kitchen hire are not normally discounted as the Shire of Manjimup has direct costs associated with cleaning after an event, utility costs and maintaining the kitchen. The committee have allocated a portion of time for the purpose of cleaning which is noted in the hire application. Provided this is to an appropriate standard there should be minimal need for staff to conduct additional cleaning, however there will be other direct costs in the form of town hall floor maintenance and covering utility costs associated with the commercial kitchen.

This report does not seek to discuss the worthiness of any charitable cause but it could be considered that the reduction in fees is a donation towards the charity as well as the intended purpose of supporting local residents’ philanthropic activities. As for most not for profit community events, if requested the Shire of Manjimup will promote the event through its normal media platforms.

Conclusion

Whilst Council acknowledges the important work of groups such as the Cancer Council, it is recommended that Council do not support the request for the full waiver of venue hire fees. An existing concession of 75% of venue hire fees is considered adequate, given the discussion above.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 Section 6.12(1) states:

Subject to subsection (2) and any other written law, a local government may –

a) When adopting the annual budget, grant a discount of other incentive for the early payment of any amount of money;

b) Waive or grant concessions in relation to any amount of money; or

c) Write off any amount of money, which is owed to local government.

Policy / Strategic Implications:

Community Goals 3.1 and 3.2 Outlined in the Strategic Community Plan 2019-2029, is to have a community that the health and wellbeing of people of all ages and circumstances is supported within their own community & the range of support services in our community are useful, empowering and aligned to community needs now and in the future.

Organisational risk management:

Events are being held within Shire owned and managed facilities. Risk management has been identified as part of the venue hire processes. This request does not increase/decrease risk to the organisation.

Financial Implications:

After applying a 75% discount available to the Variety Concert Organising Committee the following fees will be applicable for the venue hire:

Town Hall hire 16 October $ 93.50

Kitchen hire for 4 hours $222.00

Cleaning fees $ 37.50

Total Venue Hire Charges $353.00

This cost would be allocated to the donations budget within the operation budget.

Sustainability:

Environmental: Nil

Economic: The fee waiver will impact on the Shire’s revenue.

Social: The Cancer Council benefits people affected by cancer including many residents within the Shire of Manjimup. The event seeks to ensure the financial viability of this charity and to support members of the community that are involved with this charity’s cause.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

In accordance with its adopted Fees and Charges, that Council do not agree to a full waiver of costs for the event.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Daubney, L

27960

In accordance with its adopted Fees and Charges, that Council agree to a full waiver of costs for the event.

MOTION LOST 5/5

(Not carried by an Absolute Majority)

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

SUBSTANTIVE MOTION:

Moved: Omodei, P Seconded: Daubney, L

27961

In accordance with its adopted Fees and Charges, that Council do not agree to a full waiver of costs for the event.

CARRIED: 10/0

ATTACHMENT

9.5.6 Proposed Dam with a Setback Variation on Lot 1 (188 / 258) Waughs Road, Glenoran

PROPONENT	Mr B Pears & Ms J Wallingford
OWNER	Mr B Pears & Ms J Wallingford
LOCATION / ADDRESS:	Lot 1 (188 / 258) Waughs Road, Glenoran
WARD:	North
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/113 & P52747
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	17 September 2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for a dam that is proposed to have a 5 metre setback to the front boundary of Lot 1 (188 - 258) Waughs Road, Glenoran. Plans detailing the proposed dam are attached.

ATTACHMENT: 9.5.6(1)

Location Plan

The subject property is 8.79 hectares in area and is accessed by Waughs Road. The property contains an existing studio, dwelling, two large water tanks as well as a creek and a small water hole.

The proposed dam will have a capacity of 6 megalitres (ML). The height of the dam ranges between 4.5 metres and 5.0 metres, the length of the dam wall is to be 44 metres on the eastern side and 55 metres on the southern end of the property.

The applicant is installing a spillway with a discharge at zero fall and to minimise scouring, the spillway is proposed to be constructed of rock. There is to be a by-pass pipe with gate valve on the southern wall of the dam; this will be 75mm poly and the area below will be lined with rock. The spillway and overflow will be directed towards and existing creekline to the south of the existing dam.

The applicant is also proposing to clear ten mature planted blue gum trees to make way for the proposed dam.

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

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Scheme for a 21 day period. Correspondence was forwarded to the adjoining landowners as well as the Department of Water and Environmental Regulation (DWER).

Two submissions were received, one from an adjoining landowner and one from DWER. Whilst details regarding the submissions are discussed in the comment section below, copies of the submissions received are shown attached.

ATTACHMENT: 9.5.6(2)

COMMENT (Includes Options):

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

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

Matters to be Considered

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

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

(ii) the requirements of orderly and proper planning including any relevant proposed new Local Planning Scheme or amendment, or region scheme or amendment, which has been granted consent for public submissions to be sought;

(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 of an Special Control Area;

(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.

Exempted Development

In accordance with the Scheme Clause 8.4(xxivb)) dams located within the Priority Agriculture and General Agriculture zones are exempt from requiring planning approval where the lower edge of the dam wall, and any other part of the dam including the stored water is further than 20 metres from boundaries of the subject land. Planning approval is required in this instance, with the relaxation of the front boundary setbacks being sought.

Setbacks

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

· Front Setback – 30 metres;

· Side Setback – 10 metres; and

· Rear Setback – 30 metres.

In this case, the applicants are seeking a relaxation of the setback for the front boundary from the road reserve.

Relaxation of Standards

In accordance with Clause 5.5 of the Scheme, the local government may approve an application for planning approval, despite the application not complying with a standard or requirement prescribed under the Scheme. However prior to relaxing a standard, the local government must be satisfied that:

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

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

In this case, a relaxation of the front setback is consistent with the requirements of clause 10.2, and approval will not result in a detrimental impact on either the subject land or adjacent property.

Policy Assessment

Local Planning Policy LPS4 6.1.11 – Rural Land Uses (the Policy) provides guidance and ensures a consistent approach when considering applications 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 moderate risk level for dams located ‘off-stream’. An application for a moderate risk dam is required to provide additional information to support the proposal.

Additional information which would demonstrate sound justification to support a moderate risk dam being located within the required setbacks was received from the applicant as part of the application.

Submissions Received

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

DWER Comments

DWER have identified that the proposal has the potential to impact on the environment and water resource values (and management). They have identified some key issues that need to be addressed and these are:

· Water licensing matters;

· Country Areas Water Source Act (CAWS Act) clearing matters;

· Native vegetation clearing; and

· General water quality advice.

With regards to the above matters, DWER have stated that a permit to interfere with bed and banks would be required under the Rights in Water and Irrigation Act 1914, with the dam size being restricted to 8,000 KL (8 megalitres). The proposed dam is within the Warren River Water Reserve and within a “priority not assigned Public Drinking Water Source Area”. The Warren River catchment has been subject to a CAWS Act native vegetation clearing controls since December 1978 to prevent salinisation of water resources.

Under the EPA clearing of native vegetation is an offence unless undertaken under the authority of a clearing permit, or the clearing is subject to an exemption. Based on the information that was provided, no exemption applies to the proposed clearing and a clearing permit is required. No clearing permit has been received by DWER, therefore a clearing permit will be required to be obtained.

DWER have stated that a potential risk to water resources from the dam proposal relate to erosion that can result in turbidity and siltation downstream. They have stated that they would encourage the use of shallow-rooted vegetation cover where appropriate to the site situation.

Neighbouring Property Submission

The submitter has made the following comments and objections:

· has the dam been referred to DWER to determine if a water licence is required;

· to obtain material to build such a large dam wall containing greater than 4000m³ would require a burrow pit in excess of 8m deep and still show a shortfall of building material;

· we consider such a setback reduction to carry significant risk. High potential to raise the water table downstream causing damage to roads, property and to kill trees and vegetation;

· no indication of any detailed design or geotechnical work has been undertaken to understand the risk involved or suitability of the site and materials for such a dam. No details of freebroad, catchment and resultant spillway size calculations;

· failure of the dam would result in the dam material impacting on their property;

· dam wall within 5m of the road will have adverse visual impact from both Waughs Road and their property.

A majority of the matters raised by the adjoining landowner are considered to be environmental concerns that are assessed by DWER during the consultation period. Advice received from DWER addresses the requirement for clearing permits, and permits for water.

With regard to the concerns on the impact of the amenity, a comprehensive site visit and review of the topography has indicated that there is a minimal chance that the dam wall will be visible from the affected landowners residence.

It is also noted that given the topography, any likely failure of the dam wall would primarily impact on the creek to the south-east rather than on adjoining property or Shire managed road reserve.

Letter of Justification

The applicants have supplied a letter of justification for the setback requirement of 5 metres for the dam. The property is only approximately 23 acres (9.3ha) in area and contains a vegetated creek line as well as trees and sloping hills and this has limited the options for suitable locations for the dam.

The limited area has resulted in the proposed site for the dam being identified. They are proposing to use the property as a hobby farm in the near future and will require water for livestock or a plantation. See attached.

ATTACHMENT: 9.5.6(3)

Conclusion

The application has been assessed against the potential risks associated with the reduced setbacks and is considered to be acceptable. Approval of the setback reduction for the dam is recommended.

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 development application fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: By establishing a large water storage area this will assist towards the irrigation of future rural pursuits on the property.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No.4 grant planning approval for a Dam with a Reduced Setback on Lot 1 (188 / 258) Waughs Road, Glenoran (Application TP106/2019) in accordance with the plans and specifications attached at 9.5.6(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
1.	Site Plan	06 August 2019
2.	Dam Details	06 August 2019
Form	Additional information for dam construction	06 August 2019

b) The toe of the dam wall shall be setback a minimum of 5 metres front the boundary to Waughs Road;

c) Prior to completion of the dam works hereby approved, the design of the dam wall and spillway is to be certified by a practicing civil/structural engineer to ensure that it will be structurally sound and will not result in the inappropriate diversion of water onto adjacent land; and

d) All pumps and ancillary equipment and structures being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning scheme No.4.

Advice to Applicant

i) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained. Construction of the dam is recommended to be in accordance with Water Quality Protection Note No.53 ‘Dam Construction and Operation in Rural Areas’;

ii) It is recommended that the landowner contact DWER to discuss the requirements for a clearing permit for any native vegetation to be removed; and

iii) To contact the Department of Water and Environmental Regulation’s Manjimup Office on (08) 9771 1878 to obtain any approvals or licences required to facilitate construction of the dam.

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Jenkins, D

27962

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

Reference	Document Title	Date Received
1.	Site Plan	06 August 2019
2.	Dam Details	06 August 2019
Form	Additional information for dam construction	06 August 2019

b) The toe of the dam wall shall be setback a minimum of 5 metres front the boundary to Waughs Road; and

c) All pumps and ancillary equipment and structures being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning scheme No.4.

Advice to Applicant

iii) To contact the Department of Water and Environmental Regulation’s Manjimup Office on (08) 9771 1878 to obtain any approvals or licences required to facilitate construction of the dam.

MOTION carried 9/1

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

ATTACHMENT

9.5.8 Retrospective Application for a Partial Change of Use (Health Centre to Shop) at Lot 90 (24) Pritchard Street, Manjimup

PROPONENT	Ivan Grbavac
OWNER	Ivan Grbavac
LOCATION / ADDRESS:	Lot 90 (24) Pritchard Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA19/107 & P57301
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	22 September 2019
DECLARATION OF INTEREST:	Nil

The following agenda item was deferred by Council at its Ordinary Meeting held on 12 September 2019.

Whilst debating the item, it was highlighted that the applicants had intended to include retail activities but they had misread the when lodging their application for approval to the Gym/Fitness Centre (Health Centre) dated 15 September 2014 and had completed the application form incorrectly.

Examination of the 2014 application confirms that:

a) The description of the proposed development use was shown as “Gym/Fitness Centre” on the application form;

b) Whilst the application stated “Main Building: Gym/Fitness/Dance/Retail” in the section entitled existing buildings and/or use, the submitted plans contained numerous lables/annotations clearing indicating uses for all areas. No retail/shop area was identified on the plans. The area now proposed as retail shop was clearly indicated as “Coffee Lounge”;

c) The agenda item prepared for Council consideration at its October 2014 meeting detailed an application for “Health Centre” only. No reference was made in respect of any proposed retail. The agenda document was a public document available to the applicants;

d) Conditional Approval was granted by Council for a Health Centre in accordance with the submitted application;

e) It would be reasonable to assume that even if retail activity had been indicated in the proposed use section of the application form, that retail would have related to the proposed Gym/Fitness activity; and

f) The retail activity for which approval is now being sought relates to skin care products, cosmetics, dental care, cleaning products, horse and pet care along with other products. This is not consistent with plans previously submitted nor the 2014 approval.

The unaltered item is presented for the further consideration of Council.

Background:

Council is asked to consider a proposed application for retrospective approval for a Change of Use for a portion of an existing Health Centre to a Shop at Lot 90 (24) Pritchard Street, Manjimup. A location plan is shown below.

LOCATION PLAN

The subject site has an area of 4,109m² and is located within the Manjimup Town Centre zone. The site consists of a 1,335m² building that was approved by Council at its meeting 30 October 2014 for use as a Health Centre. There is a smaller building on site that is being used for car parking and storage.

The Health Centre, as approved by Council, was assessed as a ‘use not listed’ under the provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 (Scheme) as the use did not reasonably fall into any defined land use listed in the Scheme. At the time of application, the proponent assumed that there was sufficient details on the application form allowing for the provision of a ‘shop’ land use space at the front of the building. Given this was not accurately reflected on the application form and omitted from the floor plan, a shop was not included in the assessment or approval for the change of use.

The applicant is now requesting the change of use relating to a 45m² portion of the existing Health Centre, labelled coffee lounge, to a shop. A letter accompanying the application was provided seeking a fee waiver.

A copy of the application and fee request letter are attached.

ATTACHMENT: 9.5.8(1)

The application has been referred to Council for determination, as Shire staff do not have delegated authority to determine:

· an application for retrospective approval,

· an application for a land use that is an ‘A’ use in the zone; and

· the request for the waiver of fees.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No.4 for a 21 day period to adjoining land owners, a notice was placed on the Shire’s website, in the local Manjimup-“Bridgetown Times and a sign was placed on site. A letter was sent to the Ward Councillor. Submissions closed on the 28 August 2019.

No submissions were received.

COMMENT (Includes Options):

In determining an application for planning approval, Clause 10.2 of the Shire’s Local Planning Scheme No 4 (the Scheme) requires that various matters are taken into account, including but not limited to:

The subject property is zoned Town Centre by the Scheme and is located within Manjimup Precinct 1D – Town Centre MP1D. The purpose of the zone as outlined in Clause 4.2 is to provide for the establishment and ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of surrounding areas.

Landowners in sub-precinct MP1D are generally encouraged to develop commercial uses which require larger lots, while not precluding retail development those land uses are encouraged to locate in other sub-precincts of the planning precinct.

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

Land Use Classification

The proposed retail land use is consistent with the land use classification of ‘Shop’, being ‘premises used to sell goods by retail, hire goods, or provide services of a personal nature (including a hairdresser or beauty therapist) but does not include a showroom or fast foot outlet’.

Land Use Permissibility

A Shop is an ‘A’ use within the Town Centre sub-precinct MP 1D zone, that is a use that is “not permitted unless the local government has exercised its discretion by granting approval after giving special notice in accordance with Clause 9.6.”

Consistency with Zoning

The Scheme states that the main purpose of the Town Centre zone is to provide a diverse array of services for the local and surrounding communities. The addition of a Shop to the site is in keeping with this objective, as it offers Health Centre users the convenience of shopping and fitness in the one location.

Parking Requirements

There are currently 21 bays available for the Health Centre users, equating to one bay per 63m² of floor space.

By removing 45m² from the Health Centre use, one bay is available for the Shop, independent of the remainder of the building. A Shop has a parking requirement of one bay per 25m² under the provisions of the Scheme, so two parking bays would normally be required.

Given the probability that Health Centre users would also be the majority of patrons of the Shop, there is an adequate to reduce the parking requirement by one bay, allowing the shop and Health Centre uses to rely on the existing parking bays on site.

Request for Fee Waiver

The applicants are seeking a reduction in the application fee payable, requesting Council waive the retrospective development application fees. Given the retrospective nature of the application, the application is subject to a $885 application in accordance with the Shires adopted 2019/20 Annual Budget. If approval had been sought prior to commencement of the use, a standard application fee of $295 would have applied.

The waiver has been requested on the basis that the previous application for change of use was not completed accurately and therefore did not include the proposed retail land use. Given the floor plan submitted at the time did not reflect the retail land use in the area, which was labelled as coffee lounge, the justification for a waiver appears unfounded and is not supported.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

By granting approval to the Change of Use, Council will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2019-2029:

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

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

Organisational risk management:

Nil

Financial Implications:

An application fee of $885.00 is required to be paid in accordance with the Shire of Manjimup’s 2019/20 adopted budget.

Sustainability:

Environmental: Nil.

Economic: The additional land use on the property will provide an additional income stream for the landowner and space for a new business venture.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Refuse the applicants request for a waiver of the planning application fees and requires payment of the full application fee of $885 on the following grounds:

a) The waiving of a fee for a commercial enterprise would result in an undesirable precedent; and

b) Whilst the applicant may have intended to undertake the use from commencement, the proposal to operate portion of the premises as a shop was not detailed in the previous application for planning approval and therefore could not have been reasonably considered by Council as part of its decision to conditionally approve the now existing Health Centre at its meeting held on 30 October 2014.

2. Subject to the payment of the application fee of $885, in accordance with clause 5.5, clause 8.6 and Part 10 of the Shire of Manjimup’s Local Planning Scheme No. 4 grants retrospective development approval for the partial Change of Use (Health Centre to Shop) at Lot 90 (24) Pritchard Street, Manjimup as shown in attachment 9.5.8(1) and subject to the following conditions:

a) All parking associated with the activity hereby approved shall be wholly contained on the site to the satisfaction of the Shire of Manjimup.

b) Any proposed advertising devices beyond those exempt under the provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 will require the further approval of the Shire of Manjimup.

Advice to Applicant

i) The Shire of Manjimup advises that the development the subject of this planning approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Tapley, D

27963

That Council:

1. Grant the applicants request to waive the retrospective planning application fees and require payment of the standard application fee for a change of use only being $295.00 on the following grounds:

a) Whilst the applicant may have intended to undertake the use from commencement, the proposal to operate portion of the premises as a shop was not detailed in the previous application for planning approval and therefore could not haven reasonably considered by Council as part of its decision to conditionally approve the now existing Health Centre at its meeting held on 30 October 2014.

2. Subject to the payment of the application fee of $295, in accordance with clause 5.5, clause 8.6 and Part 10 of the Shire of Manjimup’s Local Planning Scheme No.4 grants retrospective development approval for the partial Change of Use (Health Centre to Shop) at Lot 90 (24) Pritchard Street, Manjimup as shown in attachment 9.5.8(1) and subject to the following conditions:

a) All parking associated with the activity hereby approved shall be wholly contained on the site to the satisfaction of the Shire of Manjimup.

b) Any proposed advertising devices beyond those exempt under the provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 will require the further approval of the Shire of Manjimup.

Advice to Applicant

CARRIED: 10/0

9.5.9 Request for Authorisation to Expend Reserve Funds - Future Carpark Construction Reserve - Manjimup

PROPONENT	Shire of Manjimup
OWNER	Crown Reserve
LOCATION / ADDRESS:	Crown Reserves 43342 & 47286
WARD:	Manjimup
ZONE:	Road and Railway Reserves
DIRECTORATE:	Planning and Development Services
FILE REFERENCE:	F190321
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	22 September 2019
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to authorise the expenditure of funds from the Future Carpark Construction Reserve – Manjimup (Reserve Account) to facilitate the construction of the currently unnamed accessway located north of Johnson Crescent to the rear of No 88 (Lot 809) Giblett Street (Tall Timbers). A location plan of the proposed works is shown below.

Location Plan

At its Ordinary Meeting held on 12 April 2012, Council granted conditional approval to a change of use at No 88 (Lot 809) Giblett Street from a ‘Shop’ to ‘Tavern’ leading to the establishment of Tall Timbers. Condition No (c) required the construction of 15 carparking bays on a portion of Shire controlled land to the rear of the property.

At the time, the only Shire controlled land was in fact a 6 metre wide accessway, providing insufficient room to cater for parking. With the Shire now leasing the abutting railway reserve, it is now possible for the required car parking bays to be constructed.

Actions to facilitate the carparking and laneway upgrade were not immediately initiated following the Shire entering the railway reserve lease arrangements as it was originally intended that the parking would be co-ordinated with the planned construction of an accessway to connect the Woolworths Shopping Centre to Johnson Crescent. Given that the cost of works associated with the accessway cannot be contained within the Town Centre Revitalisation budget, the proposed accessway has essentially been deferred for the time being.

Following consultation with the property owners, an invoice for the payment of cash-in-lieu equivalent to the estimated construction cost of 15 bays has been issued. It is anticipated that payment of the invoice will be received shortly.

Council is requested to consider authorising the expenditure of the Reserve Account in order that construction may be co-ordinated to upgrade the current construction standard of the laneway.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The subject laneway extends from Johnson Crescent northward before connecting with Giblett Street on the northern side of No 122 (Lot 797) Giblett Street as shown on the location above. Whilst being of bitumen construction, the current surface is in poor condition and requires upgrading to a suitable standard to cater for both domestic and commercial vehicles.

On receipt of the cash-in-lieu payment from the owners of Tall Timbers, Shire Officers wish to proceed with the construction of the 15 carparking bays on the adjacent railway reserve.

Shire Officers are therefore seeking to access the Reserve Account in order to complete these works and complimentary works to upgrade the existing connection between the laneway and Johnson Crescent. The balance of any funds will then be used to extend a new seal along the laneway as far as possible.

On a separate but related matter, upgrading of the laneway is likely to result in increased use by members of the public. It is therefore recommended that Council examine the formal naming of the laneway.

STATUTORY ENVIRONMENT:

In accordance with clause 5.17.11 of Local Planning Scheme No 4, where the minimum carparking requirements cannot be provided on site, the local government may accept a cash payment in lieu of the provision of carparking spaces. Payments received from cash-in-lieu must be paid into a special fund to be used for the provision of public carparking facilities and the local government may use these funds to provide public carparks anywhere in the vicinity of the land.

Consistent with the requirement for monies to be paid into a special fund, monies received from the payment of Cash-in-lieu for carparking within the Shire are paid into separate Reserve Accounts for each of the main townsites. These accounts are established in accordance with clause 6.11 of the Local Government Act 1995 and clause 8 of Local Government (Financial Management) Regulations 1996.

In accordance with clause Local Government Act 1995, expenditure of the reserve funds must be supported by an absolute majority of Council as it represents a modification of the current budget.

Policy / Strategic Implications:

The establishment of additional carparking within the Manjimup Town Centre is consistent with the following recommendations of the Shire of Manjimup Strategic Community Plan:

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

D17. Provide adequate and safe parking facilities in town sites and enforce compliance with ACROD regulations and local laws.

Organisational risk management:

There is an obligation on the local government to expend cash-in-lieu in the vicinity of the land for which cash-in-lieu parking has been paid.

Financial Implications:

Whilst expenditure of the reserve represents a modification of the 2019/20 annual budget, there are no financial implications as the monies to be spent have been set aside for this purpose.

Once the cash-in-lieu payment has been received from the owners of Tall Timbers, a total reserve of $44,050 (Ex GST) will be available towards the construction of carparking bays within the Manjimup Town Centre. It is proposed that all available funds will be used towards the construction of the required carparking bays and the associated accessway.

Sustainability:

Environmental: Nil.

Economic: The provision of additional parking as proposed will support public access to the adjacent business.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. On receipt of the cash-in-lieu payment for 15 carparking bays associated with No 88 (Lot 809) Giblett Street, Manjimup, the 2019/20 annual budget be amended as described in the table below:

Description	Current Budget	Amended Budget	Variation
Future Carpark Construction Reserve - Manjimup	$19,300	$44,050	$24,750
Net Rate Funds			$24,750

2. Subject to receipt of the cash-in-lieu payment referred to in point 1 above, approve the expenditure of a total of $44,050 (ex GST) towards the establishment of 15 carparking bays and upgrading of the associated laneway to the north of Johnson Crescent, Manjimup;

3. Amend the 2019/20 annual budget as described in the table below.

Description	Current Budget	Amended Budget	Variation
Transfer from Future Carpark Construction Reserve - Manjimup	($44,050)	($0)	($44,050)
Construction of carparking and laneway upgrade	$0	$44,050	$44,050
Net Rate Funds			$0

4. Request the Chief Executive Officer to proceed with a naming process for the laneway located to the north of Johnson Crescent extending to Giblett Street.

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Herbert, V

27964

That Council:

1. On receipt of the cash-in-lieu payment for 15 carparking bays associated with No 88 (Lot 809) Giblett Street, Manjimup, the 2019/20 annual budget be amended as described in the table below:

Description	Current Budget	Amended Budget	Variation
Future Carpark Construction Reserve - Manjimup	$19,300	$44,050	$24,750
Net Rate Funds			$24,750

3. Amend the 2019/20 annual budget as described in the table below.

Description	Current Budget	Amended Budget	Variation
Transfer from Future Carpark Construction Reserve - Manjimup	($44,050)	($0)	($44,050)
Construction of carparking and laneway upgrade	$0	$44,050	$44,050
Net Rate Funds			$0

4. Request the Chief Executive Officer to proceed with a naming process for the laneway located to the north of Johnson Crescent extending to Giblett Street.

CARRIED: 10/0

102

ATTACHMENT

9.9.2 Proposed Budget Amendment for Walpole Community Grants Round Sponsored by Water Corporation, Great Southern and ManukaLife.

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Walpole - Various
WARD:	South
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F160189
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	24 September 2019
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has received a donation, accepted in the 2018/2019 financial year, of $5,995 from Water Corporation, Great Southern Region. Water Corporation requested the Shire to make these funds available through the annual Community Grants process to the Walpole community. During the 2019/2020 budget considerations Council requested that these funds be advertised separate to the Shire Community Grants, to the Walpole community requesting Expressions of Interest.

The purpose of this report is to request Council to consider the received Expressions of Interest, and to approve an amendment to the Shire of Manjimup 2018/19 budget to show additional income and expenditure of $5,995 (ex GST) for the Water Corporation Community Grants.

PUBLIC Consultation Undertaken:

Community groups and not-for-profit organisations in Walpole were invited to apply for an additional round of Community Grant funding. An advert was placed in the Walpole Weekly in August. A poster was distributed through the Shire’s community group database and placed on noticeboards within Walpole.

Four written submissions were received: from Walpole Sport & Recreation Centre, Walpole Nornalup and District Historical Society, Walpole Primary School Parents & Citizens (P&C), and Ficifolia Community Garden. A summary of the submissions is contained in the attached table.

ATTACHMENT: 9.9.2(1)

COMMENT (Includes Options):

The grant funds were generated from the proceeds from the sale of hay on Water Corporation-owned land in Walpole. This initiative was jointly organised by Water Corporation and ManukaLife, with assistance from local farmers.

The four submissions requested a total of $12,995 of funding towards a variety of projects as outline in the submission summary attached. Two submissions (Walpole Recreation Centre and Walpole Nornalup and District Historical Society) requested relatively small amounts, with the two other submissions (Walpole Primary P&C and Ficifolia Community Garden) requesting (nearly) the full amount of available funding.

In light of all four requests received being eligible and having merit it is recommended that the funds be distributed as follows: the Walpole Recreation Centre ($500) and Walpole Nornalup and District Historical Society ($1,500), and to divide the remaining funds between Walpole Primary P&C ($1,997) and Ficifolia Community Garden ($1,998).

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Shire of Manjimup Strategic Community Plan 2019-2029, strategies:

- C2. Support volunteer community groups, encourage participation (particularly in the areas of emergency management) and acknowledge contributions to the community;

- C19. Create, support and promote a broad range sporting, recreational and social opportunities that are accessible and inclusive for all ages and abilities; and

- C23. Document and conserve local historical records, stories and artefacts and make them available for everyone to study and enjoy.

Organisational risk management:

Nil.

Financial Implications:

There are no financial implications other than administering the donated funds.

Sustainability:

Environmental: Nil.

Economic: Provide financial support to community groups in Walpole.

Social: Support community groups to undertake initiatives.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Amend the 2019/2020 budget under Community Services for the Community Contributions as per the table below:

Description	Current Budget	Revised Budget	Variation
Community Contributions – Water Corp Walpole Community Grant	$5,995	$0	($5,995)
Community Contributions – Walpole Recreation Centre	$0	$500	$500
Community Contributions – Walpole Nornalup and District Historical Society	$0	$1,500	$1,500
Community Contributions – Walpole Primary School P&C	$0	$1,997	$1,997
Community Contributions – Ficifolia Community Garden	$0	$1,998	$1,998
Net Rate Funds	$5,995	$5,995	$0

2. Advise Water Corporation, Great Southern Region and ManukaLife of the outcome of the Expression of Interest process.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Skoss, K

27965

That Council:

1. Amend the 2019/2020 budget under Community Services for the Community Contributions as per the table below:

Description	Current Budget	Revised Budget	Variation
Community Contributions – Water Corp Walpole Community Grant	$5,995	$0	($5,995)
Community Contributions – Walpole Recreation Centre	$0	$1,495	$1,495
Community Contributions – Walpole Nornalup and District Historical Society	$0	$1,500	$1,500
Community Contributions – Walpole Primary School P&C	$0	$1,500	$1,500
Community Contributions – Ficifolia Community Garden	$0	$1,500	$1,500
Net Rate Funds	$5,995	$5,995	$0

2. Advise Water Corporation, Great Southern Region and ManukaLife of the outcome of the Expression of Interest process.

CARRIED: 10/0

106

ATTACHMENT

9.16.3 Minutes of the Northcliffe Town Hall Management Committee 5 August and Unconfirmed Minutes of 3 September 2019

PROPONENT	Northcliffe Town Hall Management Committee
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Town Hall, Zamia Street, Northcliffe
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170371
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jamie Jones
DATE OF REPORT:	19 September 2019
DECLARATION OF INTEREST:	Nil

Background:

The Northcliffe Town Hall Management Committee is a Management Committee appointed by Council under the Local Government Act to assist the Shire in the management of the Northcliffe Town Hall in accordance with the following Terms of Reference:

1. Provide responsible management for the Northcliffe Town Hall.

2. Prepare a budget for consideration by Council.

3. Recommend fees and charges for adoption by Council.

4. Expend funds in accordance with the approved budget and in consultation with relevant manager.

5. Prepare an appropriate development plan in consultation with relevant Shire departments for Council consideration.

The purpose of this item is to present the minutes of the meeting of 5 August and 3 September 2019 of the Northcliffe Town Hall Management Committee. Whilst the minutes from the meeting held on 5 August 2019 have been confirmed by the committee, the minutes of 3 September 2019 remain unconfirmed. Copies of the draft minutes are shown attached.

ATTACHMENT: 9.16.3(1)

ATTACHMENT: 9.16.3(2)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

As reflected within minutes, the following recommendation was passed at the meeting held on 5 August 2019 that requires the further consideration of Council:

Committee Recommendation		Officer’s Comment
1.	That the quote from JPR Plumbing for the fitting of the new dishwasher be accepted.	That the recommendation be supported.

A copy of the quote referred to within the above recommendation is shown attached.

ATTACHMENT: 9.16.3(3)

As outlined within previous reports presented to Council, the Management Committee receives regular complaints from people hiring the Hall regarding the lack of a dishwasher. The Committee have therefore undertaken the process of seeking prices for an appropriate industrial dishwasher consulting with the Shire officers.

Two quotes were considered by the Committee. The dishwasher chosen is an under bench style with a quick cycle but with large enough capacity to service the numbers that would use the hall. The purchase of the dishwasher will require the use of the funds raised by the Committee but are kept in reserve. Council approval is therefore sought to release the reserve funds for the purchase of the dishwasher.

The Committee are also responsible for the operation and maintenance budget of the building and consider the fitting of the dishwasher to fall within the parameters of this budget. The instillation of the dishwasher is important in this the 90^th anniversary of the Northcliffe Town Hall and there are celebrations planned in November.

STATUTORY ENVIRONMENT:

As a Management Committee, the operation of the Northcliffe Town Hall Management Committee is required to comply with the Local Government Act 1995.

Policy / Strategic Implications:

The installation of a dishwasher within the Northcliffe Town Hall is consistent with the following recommendation contained within the Shire of Manjimup Strategic Community Plan (2019-2029):

D6. Develop and maintain community infrastructure to a service-level that meets the community’s needs.

Organisational risk management:

Nil

Financial Implications:

The budget for operations and maintenance for 2019 is $2,800. As at the 19 September 2019 only $160.73 has been expended from this account. Therefore the quote from the local plumber of $1,250 (Appendix 2) will leave $1,389.27 for the remainder of the year. With the Committee only expending $993.14 in the last financial year this is considered a reasonable amount of money for the operations and maintenance of the Northcliffe Town Hall. The fitting of the dishwasher will be therefore be paid for from the operation and maintenance budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1) Approve the purchase of the dishwasher from and release the funds of $3,400 to the Northcliffe Town Hall Management Committee to purchase the dishwasher and amend the 2019/20 Annual Budget as shown in the table below.

Description	Current Budget	Amended budget	Variation
Northcliffe Town Hall Reserve	$5,326	$1,926	($3,400)
Purchase of dishwasher	$0	$3,400	$3,400
Net rate funds			$0

2) Acknowledge the request of the committee the use of the 2019/20 Northcliffe Town Hall operation and maintenance budget to be used for the fitting of the dishwasher.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Daubney, L

27966

That Council

Description	Current Budget	Amended budget	Variation
Northcliffe Town Hall Reserve	$5,326	$1,926	($3,400)
Purchase of dishwasher	$0	$3,400	$3,400
Net rate funds			$0

2) Acknowledge the request of the committee the use of the 2019/20 Northcliffe Town Hall operation and maintenance budget to be used for the fitting of the dishwasher.

CARRIED: 10/0

108

10. LATE REPORTS

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

ATTACHMENT

L.1 Unconfirmed Minutes of Manjimup Town Centre Revitalisation Committee held on 25 September 2019

PROPONENT	Manjimup Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Manjimup Central Business District
WARD:	Central
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170454
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	23 September 2019
DECLARATION OF INTEREST:	Nil

Background:

The Manjimup Town Centre Revitalisation Committee is an Advisory Committee of Council (the Committee), formed in accordance with Part 5 of the Local Government Act 1995. As prescribed within the Terms of Reference, the purpose of the Committee is to:

1. Monitor and review the Manjimup Townscape Plans;

2. Provide Advice on priorities; and

3. Assist co-ordinating community participation.

At the latest meeting held on the 25 September 2019, the Committee was requested to consider the final streetscape elements within Brockman Street and draft Policy provisions relating to Alfresco Dining that will be applied to the area. A copy of the unconfirmed minutes is shown attached.

ATTACHMENT: L.1(1)

As reflected in the minutes, several motions were passed making recommendations to Council in respect of the final elements of construction work to be completed in Brockman Street. Council is now requested to consider the recommendations as detailed within the comment section below.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Following detailed discussion and consideration, the Committee passed the following resolutions that require the further consideration of Council.

Committee Recommendation		Officer’s Comment
1.	That the current Alfresco Dining Policy be reviewed with an emphasis on Alfresco Dining within Brockman Street complying with the following principals: · Uniformity of furniture throughout the alfresco dining area, using the same seating, tables, umbrellas and heaters (where used) to complement the existing amenity of Brockman Street; · High quality metal framed furniture be used, but not timber due to the potential for timber products to deteriorate and the weight of bulky timber products hindering their removal from the area; · No furniture is not to be fixed in place due to the potential damage to the exposed aggregate concrete, with all furniture to be removed outside of trading hours; · Any barricades/fencing should be of a single style being either clear polycarbonate panels, or a high standard of decorative visually permeable fencing capable of being removed outside of trading hours. The use Solid of fencing is otherwise not supported; and · No advertising material within the alfresco area apart from menus and table caddies/menu’s which should only contain the name of the business and not products.	The recommendation be supported.
2.	The Committee recommend approval of the proposed lighting plan as prepared by consultants Light Application subject to the inclusion of backlighting for the laser cut decorative panels to be installed on the roof upright support posts.	The recommendation be supported.
3.	That conceptual designs of the proposed screen wall be prepared for the further consideration of the committee with the potential for gaps between the horizontally laid sleepers.	The Council formally consider the proposed screen wall/shelter having regard to feedback provided by individual Committee members

To assist Council in considering the Committee recommendations, the following comments are offered:

Draft Alfresco Dining Policy

The discussion paper as presented to Council during the informal briefing session on 12 September 2019 was presented to the Committee. With a specific focus on the Brockman Street precinct, detailed discussion occurred in respect of the standards of furniture, the use of barricades/fencing, umbrella’s and restrictions on advertising.

As detailed in the recommendation of the Committee it was the view of committee members that in order to complement the standard and amenity of the Brockman Street precinct, the following principals should be adopted:

a) The use of fixed furniture is not supported due to the impact it would have on the newly laid exposed aggregate surface and restrictions on potential use of the areas for community events. All furniture should be removed at the end of trading each day;

b) All areas of alfresco dining should utilise a single standard/type of tables and chairs, being of metal frame construction of darker colours being less likely to discolour or stain;

c) The use of larger bulky timber based furniture was not supported due t

d) The Committee members held the view that the identification of furniture styles etc should not be left to the individual shop owners given the potential for a range of products styles and colours would distract from the amenity created by the recent infrastructure improvements;

e) The use of wood products was generally not supported due to the potential for the products to deteriorate;

f) A single form of barricades should be adopted being either decorative metal fencing, or solid fencing using clear polycarbonate sheeting to reduce any impact of wind on diners, whilst ensuring that it was of lightweight construction to facilitate its removal at the end of trading each day;

g) A single umbrella product, providing a minimum head clearance of 2.3 metres and being of a single colour to complement the existing streetscape and amenity; and

h) Advertising materials should be prohibited with the exception of menu boards and table caddies that shall only bare the name of the business and not products.

During discussion on the use of singe products an option was discussed whereby the Shire could supply the preferred tables and chairs where alfresco dining was approved, with shop owners to meet the cost of the products. One option in relation to this would be recovering the costs as part of a lease granted over the alfresco areas, amortised over the period of the lease.

A copy of the discussion paper is shown attached.

ATTACHMENT: L.1(2)

Lighting Design

The detailed lighting design presented to Council during the informal briefing session on 12 September 2019 was presented to the Committee for consideration. A copy of the design documentation, prepared by WALGA preferred suppliers/consultants Light Application is shown attached.

ATTACHMENT: L.1(3)

As reflected in the committee recommendation, the committee unanimously support the lighting design as submitted by the consultants subject to the addition of static lighting being installed behind the decorative laser cut panels to be installed on the upright posts.

Feature Screen/Shelter

Councillors may be aware one original concept yet to be implemented is the installation of a screen wall on the northern side of Brockman Street adjacent to the Post Office carpark, effectively limiting the view of the carpark areas seen from Brockman Street. Through consultation with the Chief Executive Officer, a refined proposal has been developed identifying the following design elements:

a) The use of four steel “H-Beam” uprights;

b) Stacked railway sleepers, recovered from the Railway Line removed to facilitate Linear Park, effectively slotted in between the steel uprights;

c) A roof shelter using the same materials as used for the awning abutting buildings located in Brockman Street;

d) The installation of two large (75 inch) commercial grade TV’s within weather proof commercial grade vandal resistant enclosures, recessed into the two end sections of the timber sleeper wall;

e) Inclusion of an interpretative panel detailing the sleepers were recovered from the Manjimup Railway line and information regarding the local production of the railway sleepers; and

f) The potential inclusion of seating abutting the central section, with phone charge points.

As shown in the draft minutes, the Committee resolved to request conceptual design be prepared for the further consideration of the committee.

A conceptual design is currently being prepared and will be provided to Councillors prior to meeting. In the interim the concept will be circulated to the Committee to obtain individual members opinions.

Due to time frames involved and the need for works to be completed prior to official opening of the Brockman Street precinct and Cherry Harmony Festival, Council is requested to endorse the proposal having regard to the feedback from the Committee members.

STATUTORY ENVIRONMENT:

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

Local Planning Policies are prepared and adopted in accordance with Part 2 of the Shire of Manjimup’s Local Planning Scheme No 4. Local Planning Policies are essentially guidelines used by a local authority to assist in making decisions under the Scheme. A Local Planning Policy must be advertised for public comment over a period of not less than 21 days, prior to being adopted by Council.

Policy / Strategic Implications:

The redevelopment of the Brockman Street/Coronation Park precinct is consistent with the objectives of the Manjimup SuperTown Growth Plan and numerous goals and strategies contained within the Strategic Community Plan 2019-2029. Such strategies include, but not limited to:

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

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

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

Organisational risk management:

Nil.

Financial Implications:

Costs associated with implementing the recommendations of the Committee will be contained within the adopted 2019/20 annual budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The Shire of Manjimup Community Strategic Plan 2019-2029 contains the following recommendations relating to Town Centres that are relevant to the ongoing improvements of town centres within the Shire.

4.4 Town centre are accessible, attractive and inviting whilst maintaining their unique characters.

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

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

Consistent with these Goals, Strategy D6 outlines that it is the Shires intention to ‘Develop and maintain community infrastructure to a service level that meets the communities needs’. In addition Strategy D9 identifies the desire to “Develop town centres to showcase their unique characters and encourage vibrant, mixed use and commercial spaces”.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receives and notes the unconfirmed Minutes of the Manjimup Town Centre Revitalisation Committee meeting held 25 September 2019 as shown at Attachment: L.1(1);

2. Request the Chief Executive Officer to arrange for a review of current Planning Policy No 6.1.7 with a focus on design elements applicable to the Brockman Street Food and Beverage Precinct between Giblett and Rose Street, Manjimup in accordance with the following principals:

a) Uniformity of furniture throughout the alfresco dining area, using the same seating, tables, umbrellas and heaters (where used) to complement the existing amenity of Brockman Street;

b) High quality metal framed furniture be used, but not timber due to the potential for timber products to deteriorate and the weight of bulky timber products hindering their removal from the area;

c) No furniture is not to be fixed in place due to the potential damage to the exposed aggregate concrete, with all furniture to be removed outside of trading hours;

d) Any barricades/fencing should be of a single style being either clear polycarbonate panels, or a high standard of decorative visually permeable fencing capable of being removed outside of trading hours. The use Solid of fencing is otherwise not supported; and

e) No advertising material within the alfresco area apart from menus and table caddies/menu’s which should only contain the name of the business and not products.

3. Endorse the proposed lighting design as prepared by consultants Light Application and shown at Attachment: L.1(3), subject to the inclusion of lighting to introduce a static backlight for the laser cut panels to be fitted to the uprights of the roofing structure; and

4. Endorse the concept for a screen wall/shelter of approximately 6 metres in length to be constructed between the Australia Post Carpark and Brockman Street in accordance with the following design elements, with the final design being to the satisfaction of the Chief Executive Officer:

a) The use of four steel “H-Beam” uprights;

b) Stacked railway sleepers, recovered from the Railway Line removed to facilitate Linear Park, in between the steel uprights;

c) Laser cut panels, being the same as to be used on the upright support posts of the main roof being incorporated over the steel uprights;

d) A roof shelter using the same materials and design as used for the awning abutting buildings located in Brockman Street;

e) The installation of two large (75 inch) commercial grade TV’s within weather proof commercial grade theft and vandal resistant enclosures, recessed into the two end sections of the timber sleeper wall;

f) Inclusion of an interpretative panel detailing the sleepers were recovered from the Manjimup Railway line and information regarding the local production of the railway sleepers and directing members of the public to the State Timber Museum for further information; and

g) The inclusion of seating abutting the central section, with phone charge points.

5. That the Chief Executive Officer to prepare operational guidelines regarding the operation of the decorative street lighting and the commercial standard televisions to be incorporated in the proposed screen wall referred to in point 4 above.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Jenkins, D

That Council:

1. Receives and notes the unconfirmed Minutes of the Manjimup Town Centre Revitalisation Committee meeting held 25 September 2019 as shown at Attachment: L.1(1);

a) Uniformity of furniture throughout the alfresco dining area, using the same seating, tables, umbrellas and heaters (where used) to complement the existing amenity of Brockman Street;

b) High quality metal framed furniture be used, but not timber due to the potential for timber products to deteriorate and the weight of bulky timber products hindering their removal from the area;

c) No furniture is not to be fixed in place due to the potential damage to the exposed aggregate concrete, with all furniture to be removed outside of trading hours;

e) No advertising material within the alfresco area apart from menus and table caddies/menu’s which should only contain the name of the business and not products.

a) The use of four steel “H-Beam” uprights;

b) Stacked railway sleepers, recovered from the Railway Line removed to facilitate Linear Park, in between the steel uprights;

c) Laser cut panels, being the same as to be used on the upright support posts of the main roof being incorporated over the steel uprights;

d) A roof shelter using the same materials and design as used for the awning abutting buildings located in Brockman Street;

g) The inclusion of seating abutting the central section, with phone charge points.

Amendment to Motion:

Moved: Tapley, D Seconded: Daubney, L

27967

That Council:

1. Receives and notes the unconfirmed Minutes of the Manjimup Town Centre Revitalisation Committee meeting held 25 September 2019 as shown at Attachment: L.1(1);

a) Uniformity of furniture throughout the alfresco dining area, using the same seating, tables, umbrellas and heaters (where used) to complement the existing amenity of Brockman Street;

b) Furniture is not to be fixed in place due to the potential damage to the exposed aggregate concrete, with all furniture to be removed outside of trading hours;

c) Any barricades/fencing should be of a single style being either clear polycarbonate panels, or a high standard of decorative visually permeable fencing capable of being removed outside of trading hours. The use Solid of fencing is otherwise not supported; and

d) No advertising material within the alfresco area apart from menus and table caddies/menu’s which should only contain the name of the business and not products.

a) The use of four steel “H-Beam” uprights;

b) Stacked railway sleepers, recovered from the Railway Line removed to facilitate Linear Park, in between the steel uprights;

c) Laser cut panels, being the same as to be used on the upright support posts of the main roof being incorporated over the steel uprights;

d) A roof shelter using the same materials and design as used for the awning abutting buildings located in Brockman Street;

g) The inclusion of seating abutting the central section, with phone charge points.

MOTION carried 9/1

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

SUBSTANTIVE MOTION:

27968

That Council:

1. Receives and notes the unconfirmed Minutes of the Manjimup Town Centre Revitalisation Committee meeting held 25 September 2019 as shown at Attachment: L.1(1);

a) Uniformity of furniture throughout the alfresco dining area, using the same seating, tables, umbrellas and heaters (where used) to complement the existing amenity of Brockman Street;

b) Furniture is not to be fixed in place due to the potential damage to the exposed aggregate concrete, with all furniture to be removed outside of trading hours;

d) No advertising material within the alfresco area apart from menus and table caddies/menu’s which should only contain the name of the business and not products.

a) The use of four steel “H-Beam” uprights;

b) Stacked railway sleepers, recovered from the Railway Line removed to facilitate Linear Park, in between the steel uprights;

c) Laser cut panels, being the same as to be used on the upright support posts of the main roof being incorporated over the steel uprights;

d) A roof shelter using the same materials and design as used for the awning abutting buildings located in Brockman Street;

g) The inclusion of seating abutting the central section, with phone charge points.

MOTION carried 9/1

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

124

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: Nil

14. MEETING CLOSED TO THE PUBLIC:

14.1 Matters for which the meeting may be closed.

Voting Requirements: Absolute Majority

Officer Recommendation:

Moved: Jenkins, D Seconded: Daubney, L

27969

That Council goes behind closed doors to consider:

Item 14.1.1 as under Section 5.23(2) (c) it deals with a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting.

CARRIED: 10/0

14.1.1 Proposed Disposal of 80 (Lot 156) Rose Street, Manjimup for the Provision of Business and Tourist Accommodation

PROPONENT	Manjimup Investments (WA) Pty Ltd
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	80 Rose Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161153
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	17 September 2019
DECLARATION OF INTEREST:	Nil

Moved: Jenkins, D Seconded: Daubney, L

27970

That Council come from behind closed doors.

CARRIED: 10/0

14.2 Public reading of resolutions that may be made public.

RESOLUTION WAS READ OUT

That in accordance with s3.58 of the Local Government Act 1995, Council:

1) Declare that the market valuation for 80 Rose Street, Manjimup obtained by the Shire of Manjimup from Landgate on 1 March 2019 (identified in Attachment: 14.1.1(2)) is a true indication of the Unimproved Land Value Assessment and the Unimproved Ground Rental Assessment for the proposed disposition; and

2) Publically advertise its intent to dispose of 80 Rose Street, Manjimup to Manjimup Investments (WA) Pty Ltd for the provision of business and tourist accommodation in accordance with the following conditions:

a) Lease for 6 years commencing 1 January 2020;

b) Rates are applicable on commencement of the lease;

c) 1st year lease payments are not applicable;

d) 2nd year lease payments commence at $55,000 (ex GST) p.a. in advance;

e) 3rd, 4th, 5th and 6th year lease payments of $55,000 (ex GST) in advance to be adjusted by Perth Consumer Price Index (CPI) on an accumulated basis;

f) Completion of the agreed Stage 1 works must occur before the expiry of the 6 year lease unless agreement is reached between the lessor and lessee, otherwise the lessor reserves the right to terminate the lease at will with any improvements becoming the ownership of the lessor;

g) Subject to compliance with Clause 6, at the expiry of the lease the lessee will have an option to renew the lease based on a new market valuation (land only) determined by Landgate for a further 4 years with lease payments in advance and subject to Perth CPI adjustments on an accumulated basis from year 7;

h) If completion of the proposed Stage 1 works occurs the lessee will have the option to purchase the land from the Shire of Manjimup for $840,000 (ex GST) at any stage during either lease term;

i) In the event that the lessee has not purchased the site from the lessor at the end of the second lease term, the lessee shall purchase the land from the Shire of Manjimup for $840,000 (ex GST) or forfeit the land tenure including any building improvements to the lessor;

j) As an incentive for the lessee to expedite the development of the site and subject to substantial commencement of works on the site before the end of year 2 (meaning earthworks completion and physical building construction commencement), the lessor shall apply any lease payments received from year 2 and year 3 toward the additional parking, landscaping and beautification to areas under the responsibility of the Shire of Manjimup adjoining, or within reasonable proximity to the leased site. The works will be carried out by the Shire of Manjimup in year 2 and/or year 3, with prior agreement with the lessee;

k) Subject to the absolute discretion of the lessor, the lessee will have the right to on-sell the lease to another party on the proviso that the objectives of the site are met to provide high standard business and tourism accommodation facilities, and all conditions of the existing lease are agreed. At any stage the site is purchased from Shire of Manjimup in accordance with the terms of the lease, the lessee has the absolute right to sell the site at any time.

15. APPLICATIONS FOR LEAVE OF ABSENCE: Nil

16. CLOSURE:

There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 6.26pm.

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

Paul Omodei

Shire President