The Chief Executive Officer advised that he has received a Financial Interest Declaration from Councillor Dawson Vidovich and Impartiality Interest Declarations from Councillors Winfield and Skoss.

Councillor Dawson Vidovich declared a Financial Interest in Item 9.5.4 as she has recently registered a business that is intended to operate from home in the future.

Councillor Winfield declared an Impartiality Interest in Item 9.12.5 as he is a member of the Geographic Names Committee.

Councillor Skoss declared an Impartiality Interest in Item 9.5.5 as he collated submissions from members of Warren Donnelly Catchment Advisory Committee and several earthmoving contractors.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Brendan Elliott – Stone Mason – Palgarup.

· I have received an Infringement Notice dated 8 January 2020 of the Planning and Development Act 2005 stating that I am in breach.

· The Shire is fining me $500 for having a sign saying ‘Save the Donnelly’.

· I think I’ve been unfairly treated, it was a temporary sign and it was only up for a couple of weeks.

· I believe $500 is pretty excessive for someone to have a say and the sign only had three words on it.

· My intention is to fight this and I will not be paying a cent of this fine.

· There are so many illegal signs in our Shire.

· I am asking that the fine be removed as the sign is no longer there.

· I have contacted the Equal Opportunity Commission as I believe I am being treated unfairly due to my opposition to the Southern Forest Irrigation Scheme, which many members of Council and staff support and will profit greatly from.

The Chief Executive Officer responded: Mr Elliott you have been infringed under the Local Planning Scheme, through a modified penalty. You have number of options available to you. One is to, in writing, appeal to myself, as the Chief Executive Officer, for reconsideration. Second option is to take it to the State Administrative Tribunal and ask for consideration there. The third option is don’t pay your fine and Council will make a determination as to whether it will proceed to Court.

5.2.2 Kirsten Elliott – Palgarup.

· Does the public have access to information on which signs have been approved and which signs haven’t been approved?

The Director Development and Regulation responded: There is no register that is publicly available. Each decision that is made is documented in public record. You would have to go back over a 10 to 20 year period potentially. If there are some signs that you are concerned with we will gladly investigate those if you provide us with the addresses in writing. We do go about signage audits. There are numerous properties and businesses that we have written to recently in Manjimup and also within Walpole.

· Today we asked home owners who had protest signs up not one said they had planning approval.

The Director Development and Regulation responded: As we become aware of those signs we are obliged to respond. I have been advised that Mr Elliott was previously written to and advised of the process if he wished to erect a sign. We received no application and the sign was erected with no approvals.

5.2.3 Jamie Nicolaou.

· My property is out at West Manjimup and is classed as Priority Agriculture and I would like to know exactly what that means?

The Director Development and Regulation responded: The Council’s Town Planning Scheme contains two primary rural zones, being General Agriculture and Priority Agriculture. The intent for the Priority Agriculture is as follows ‘The purpose of the Priority Agriculture Zone is to provide for the sustainable use of high quality agricultural land, particularly where water resources exist. Reserving existing agricultural production and allowing for new agricultural production by securing suitable land and water resources. To provide for intensive agriculture and horticulture production including market gardens, orchards and vineyard enterprises.’ The Scheme in Part 4.4 also outlines a number of objectives that I won’t read out, but I am more than happy to provide a copy Mr Nicoloau.

· I am asking because we bought a block in 2016 out at West Manjimup, zoned Priority Agriculture was put to Blue Gums, the same as the block next door and we basically have no access to water. How can it be zoned Priority Agriculture if we actually don’t have access to water?

The Shire President responded: You have a couple of choices. You could apply for change of zoning, but that will devalue the property. There are 114 dams out that way, isn’t there water that is not being used. For example Mr Bachos in Smithbrook managed to get two allocations of licenced water and has been given approval by the Department of Water to build a dam on the Smith Brook as a result of taking water from West Manjimup. So those options are available to you. There are a lot of farmers who are sharing water in the district.

· Geographically it is not an easy block to get water to.

The Shire President responded: It is not a question of getting water to it all you need is a letter from somebody giving you part of their water.

· I believe planting Blue Gums on Priority Agriculture is a failure. We have a dam on our block that doesn’t fill because the Blue Gums next door take all the water.

· I’ve taken this to the Department of Water and tried to explain to them that since we have removed 55 hectares of Blue Gum from the property, short of changing use, should give access to more water because the downstream user is the environment and there is no one downstream.

The Director Development and Regulation responded: The additional factors behind it, the State Government did a study called the Warren Blackwood Rural Strategy and informs Town Planning Schemes when Local Governments wish to move forward. Involved in that were various Government departments including Department of Agriculture etc. and is based on soil types. It is broad brush mapping, I acknowledge that. They identified those areas within the Warren Blackwood area that they considered to be prime agricultural land the Councils were then instructed to include in their next Town Planning Scheme to include it as Priority Agriculture. There is the potential to apply to rezone and be classed as General Agriculture. We can take that through the West Australian Planning Commission and ask them. That (Priority Agricuture) zoning has been in place since 2010.

Blue Gums under the previous Town Planning Scheme were for farmers, a varietal. Under the current Town Planning Scheme they are a ‘A’ use and they must be advertised for public comment and then it’s up to Council whether they chose to approve. The rules relating to Blue Gum Plantations have changed in those areas..

· I did state to Department of Water that it’s a failure on the Department for not attaching licences and allocations to Blue Gum property, and I don’t believe it’s being done now.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Skoss, K Seconded: Lawrence, K

28074

That the Minutes of the Ordinary Meeting of the Council held on 5 December 2019 be confirmed with the exception of Item listed on pages 80 and 81 of the minutes which requires further investigation and will be considered at the next meeting.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 –140 of the Agenda with the exception of:

9.1.3	Proposed New Council Policy 1.2.2 Gifts - Attendance at Events and Functions
9.5.4	Proposed Revision of Local Planning Policy 6.1.6 - Home Based Business
9.5.7	Proposed Outbuilding at Lot 17 (41) Manjin Drive, Balbarrup
9.5.8	Proposed Extractive Industry at Lot 9 (807) Middlesex Road, Middlesex
9.5.10	Proposed Industry - Rural and Sea Containers at Lot 9340 Piano Gully Road, Middlesex
9.9.1	Request Approval to Expend Reserve Funds - Proposed Court Floor Maintenance, Walpole Recreation Centre
9.9.2	Manjimup Imperials Recreation Club - Request for Financial Contribution towards New Amenities Building
9.15.1	Unconfirmed Minutes of the Airfield Management Committee Meeting held on 18 December 2019
9.16.1	Unconfirmed Minutes of the Plant Replacement Committee Meeting, 5 December 2019
9.16.2	Unconfirmed Minutes of the Bush Fire Advisory Committee meeting held 12 December 2019

Items passed by En Bloc Resolution

9.1.1 Exercise of Delegated Powers During the Period 6 December 2019 to 10 January 2020

9.1.2 Proposed Review of Council Policies - 1.2.1 Council Spokespersons, 1.2.3 Use of the JC Rose Room, 1.2.4 Council's Responsibility on Crown Land, 1.2.6 State Administrative Tribunal - Delegation, 1.2.7 Support for Staff Who Make Public Interest Disclosures, 1.2.8 Authority to Execute Documents on Behalf of Council and 1.2.10 Approach to Attracting and Promoting Economic Development in the District

9.1.4 Proposed Review of the Shire of Manjimup Code of Conduct 2019

9.3.1 Council Financial Payments August 2019

9.3.2 Council Financial Payments September 2019

9.3.3 Monthly Financial Activity Statement - November 2019

9.3.4 Proposed Windy Harbour Lease Transfer - Site 309

9.5.1 Proposed Adoption of the Draft Local Planning Policy 6.1.3 - Outbuildings

9.5.2 Proposed Adoption of Local Planning Policy 6.1.23 Container Deposit Infrastructure

9.5.3 Proposed Local Planning Policy 6.1.7 - Alfresco Dining

9.5.5 Proposed Adoption of Revised Local Planning Policy 6.1.20 - Dams

9.5.6 Proposed Advertising Devices at Lot 21 & 22 (42-46) Rose Street, Manjimup

9.5.9 Proposed Dam with Reduced Setback at Lot 2084 (87) Dingup Road, Dingup

9.5.11 Delegated Planning Decisions - November 2019 & December 2019

9.5.12 Request for Modification of Condition of Approval - Lot 1 (27685) South Western Highway, Balbarrup

9.7.1 Local Emergency Management Arrangements 2019 - 2024

9.12.1 Consideration of Results of Public Consultation - Proposed Closure of Portion of Unconstructed Road Reserve in the Vicinity of De Campo Road/Pemberton Road North, Eastbrook

9.12.2 Proposed Closure of a Portion of Unnamed Road Reserve in the Vicinity of Hill Brook Road and Bighill Brook Road, Northcliffe

9.12.3 Proposed Closure of a Portion of Unnamed Road Reserve in the Vicinity of Stirling Road, Channybearup, Pemberton

9.12.4 Consideration of Public Submissions for the Proposed Partial Road Closure of Richardson Road, Northcliffe

9.12.5 Geographical Names Committee Outcome - Proposed Renaming of Hospital Avenue, Pemberton.

9.13.1 Quarterly Report October to December 2019 - Works and Service Directorate

9.16.3 Unconfirmed Minutes of the Local Emergency Management Committee held 17 December 2019

ATTACHMENT

9.1.1 Exercise of Delegated Powers During the Period 6 December 2019 to 10 January 2020

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161497
LEGISLATION:	Local Government Act 1995, Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4
AUTHOR:	Jason Giadresco
DATE OF REPORT:	10 January 2020
DECLARATION OF INTEREST:	Nil

Background:

On 5 December 2019, Council resolved:

“That Council delegate to the Chief Executive Officer for the period 6 December 2019 to 10 January 2020 power to determine matters which cannot be held over until the 23 January 2020 Ordinary Council meeting subject to this delegation being limited to:

a) Subject to restrictions below, any matter that arises during the delegated period;

b) Any matter advertised for public comment to which no valid objection has been received;

c) Any matter to which the Shire President and relevant Ward Councillor/s raise no objection;

d) Preclusion of those matters with delegation prohibition under the Local Government Act 1995; and

e) A report being presented to the 23 January 2020 Council meeting detailing any such delegations exercised.”

The purpose of this report is to report back to Council that three occurrences of the exercise of delegated authority by the Chief Executive Officer have occurred during this period.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Delegated Authority as provided to the Chief Executive Officer by Council from 6 December 2019 to 10 January 2020 was used on three occasions relating to matters that were unable to be held over until 23 January 2020 Council meeting.

Development Approval for Dam Construction at Lot 112 (85) Golf Links Road, Balbarrup

In late November 2019, an application for approval was received from Citricorp Pty Ltd to construct a dam with a reduced boundary setback of 10 metres at Lot 112 (85) Golf Links Road, Balbarrup. A copy of the development as approved is attached.

ATTACHMENT: 9.1.1(1)

The applicant requested expedited determination of the application prior to the end of the calendar year to commence the dam construction given the favourable weather conditions at that time of year.

As shown in the attached plans, the dam as approved consists of:

· a 9m high, 240m long wall;

· a maximum width of 360m;

· a water body area of 11 hectares; and

· a total volume of 300 megalitres.

The application was assessed against the provisions of Shire of Manjimup Local Planning Scheme No.4, Local Planning Policy 6.1.11 Rural Land Uses and draft Local Planning Policy 6.1.20 Dam Construction.

Approval was granted on 11 December 2019 on the Officer’s advice that the dam once constructed presented a ‘moderate’ risk in accordance with draft Local Planning Policy 6.1.20 and no objection was received from adjoining landowners, and subject to the conditions and advice as attached at 9.1.1(1).

Request for Reconsideration of Conditional Planning Approval (Packing Shed Extensions and Office Relocation - Industry-Rural) at Lot 107 (40) Ralston Road, Ringbark

Shire Officers received a request for reconsideration of development approval conditions for an Extension to an Industry-Rural at Lot 107 (40) Ralston Road (Advanced Packing & Marketing Service Pty Ltd). The request asked Council to reconsider Condition 4 of the original approval issued 25 March 2019, pertaining to the development of a car parking plan and construction of car parking according to the plan to be implemented by the business prior to the occupation of the premises.

Condition 4 of the approval has been reworded to allow for an extended time frame to implement the construction of the car parking to be completed by July 2020, rather than prior to occupation or use. The request for reconsideration was considered reasonable by Shire Officers given the importance of the business to the local region, and an amended development approval was issued on 17 December 2019. A copy of the amended approval is attached.

ATTACHMENT: 9.1.1(2)

Notice of Reconsideration on Application for Development Approval for Tavern at Lot 101 (1222) Wheatley Coast Road, Quinninup

To facilitate the initial opening of the Tavern, the applicant successfully applied for and received a temporary occupancy permit which expired on 31 December 2019. The Shire received a request for reconsideration of development approval conditions for a Tavern at Lot 101 (1222) Wheatley Coast Road, Quinninup (Quinninup Tavern) on 16 December 2019. A copy of the amended development approval is attached.

ATTACHMENT: 9.1.1(3)

The request for reconsideration related to the wording of Conditions 7, 8, 10 and 14 and the timing and standard for the construction of 48 parking bays, loading bays, accessways and landscapes. The applicant has stated that the current level of construction of compacted gravel has withstood heavy rains and dry conditions without damage or wear. The applicant has requested that the conditions be reworded to allow for flexibility with the standard of construction for the overflow parking and a reassessment of the condition of the parking area in 6 months.

To provide a high level of amenity to the streetscape it is recommended that the requirement to seal the majority of the carpark be upheld, however to allow for the increase in patronage that the applicant be allowed to include the overflow parking area (as unsealed) to be used in parking calculations.

A site inspection was undertaken and Shire officers noted that the car parking cannot be achieved as per the approved plan due to existing large trees and the existing location of the gas bottle storage area that is no longer being relocated. As such, it is recommended that a new condition (Condition 20) be imposed requiring the submitting and approval of a revised parking plan.

The request to reconsider the timing for sealed construction of the parking area was supported to allow for the business to gain financial benefits and fund the construction.

Landscaping

A site inspection was undertaken to determine the level of completion of the landscaping as per the approved plan. It was considered by Shire officers that approximately 40% of the landscaping had been installed. On discussion with the land owner, it was not certain that the remainder of the landscaping would be installed within the near future.

Due to the changes to the car park design, it is recommended that a revised landscaping plan be submitted and approved at the same time as the revised parking design and that the Condition 10 relating to landscaping receive a time extension consistent with the car parking construction.

Conclusion

There were no other instances of delegated authority exercised during the period 6 December 2019 to 10 January 2020. The delegation exercised by the Chief Executive Officer over this time has been with regard to minor development matters.

STATUTORY ENVIRONMENT:

Section 5.42 of the Local Government Act 1995 applies.

Policy / Strategic Implications:

In accordance with past standard practice, Council resolved to provide delegated authority to the Chief Executive Officer during the break between Council meetings that occurs at the turn of each year.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: The granting of delegated authority to the Chief Executive Officer over the Christmas/New Year period permits a ‘business as usual’ approach, ensuring the timely delivery of Council’s administrative obligations to the local community where considered appropriate.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council note that delegated authority was exercised by the Chief Executive Officer to determine:

a) an application lodged by Citricorp Pty Ltd on 11 December 2019 for Development Approval for Dam Construction located at Lot 112 (85) Golf Links Road, Balbarrup as attached at 9.1.1(1);

b) a request for reconsideration received 13 December 2019 from Advance Packing and Marketing Service Pty Ltd for conditional Development Approval of Packing Shed Extensions and Office Relocation – Industry Rural located at Lot 107 (40) Ralston Road, Ringbark as attached at 9.1.1(2); and

c) a request for reconsideration received 16 December 2019 from Dalott Pty Ltd for conditional Development Approval of a Tavern located at Lot 101 (1222) Wheatley Coast Road, Quinninup as attached at 9.1.1(3).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28075

That Council note that delegated authority was exercised by the Chief Executive Officer to determine:

a) an application lodged by Citricorp Pty Ltd on 11 December 2019 for Development Approval for Dam Construction located at Lot 112 (85) Golf Links Road, Balbarrup as attached at 9.1.1(1);

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160048
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	17 December 2019
DECLARATION OF INTEREST:	Nil

Background:

Council policies are reviewed regularly to ensure consistency between the policies, Council decision making and to respond to community feedback. Generally this occurs after a period of four years, or where modifications are required to reflect legislative changes. The purpose of this report is to present to Council the following policies that have been reviewed. A copy of each current council policy due for review is appended:

· 1.2.1 Council Spokespersons;

APPENDIX: 9.1.2(A)

· 1.2.3 Use of the JC Rose Room;

APPENDIX: 9.1.2(B)

· 1.2.4 Shire of Manjimup’s Responsibility on Crown Land;

APPENDIX: 9.1.2(C)

· 1.2.6 State Administrative Tribunal – Delegation;

APPENDIX: 9.1.2(D)

· 1.2.7 Support for Staff Who Make Public Interest Disclosures;

APPENDIX: 9.1.2(E)

· 1.2.8 Authority to Execute Documents on Behalf of Council; and

APPENDIX: 9.1.2(F)

· 1.2.10 Approach to Attracting and Promoting Economic Development in the District.

APPENDIX: 9.1.2(G)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

A policy review is intended to make amendments to existing policies based on past performance, future demands and changes to relevant legislation. It also provides an opportunity to rescind policies deemed redundant and/or no longer effective for the purpose for which they were originally adopted.

The policies listed in the Background section of this report have been reviewed. The ongoing functionality and intent of these policies since their last review in 2015 is considered adequate. Any changes made are summarised as follows:

Policy 1.2.1 Council Spokespersons

Aside from minor grammatical changes, no material changes to its content have been made. A copy of the amended Policy is attached.

ATTACHMENT: 9.1.2(1)

Policy 1.2.3 Use of the JC Rose Room

No material changes to its content have been made. A copy of the Policy is attached.

ATTACHMENT: 9.1.2(2)

Policy 1.2.4 Shire of Manjimup’s Responsibility on Crown Land

References to government departments have been updated only. A copy of the amended Policy is attached.

ATTACHMENT: 9.1.2(3)

Policy 1.2.6 State Administrative Tribunal – Delegation

No material changes to its content have been made. A copy of the Policy is attached.

ATTACHMENT: 9.1.2(4)

Policy 1.2.7 Support for Staff Who Make Public Interest Disclosures

Aside from minor grammatical changes, no material changes to its content have been made. A copy of the amended Policy is attached.

ATTACHMENT: 9.1.2(5)

Policy 1.2.8 Authority to Execute Documents on Behalf of Council

Aside from minor grammatical changes, no material changes to its content have been made. A copy of the amended Policy is attached.

ATTACHMENT: 9.1.2(6)

Policy 1.2.10 Approach to Attracting and Promoting Economic Development in the District

Minor grammatical changes have been undertaken. The “Area of Application” section of the Policy has been clarified to explicitly clarify where attraction and promotional activities conclude for a proposed development, and Shire assessment of the proposal begins. A copy of the amended Policy is attached.

ATTACHMENT: 9.1.2(7)

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Policies should be periodically reviewed to ensure currency and effectiveness.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the following reviewed policies:

a) Policy 1.2.1 Council Spokespersons, as attached at 9.1.2(1);

b) Policy 1.2.3 Use of the JC Rose Room, as attached at 9.1.2(2);

c) Policy 1.2.4 Shire of Manjimup’s Responsibility on Crown Land, as attached at 9.1.2(3);

d) Policy 1.2.6 State Administrative Tribunal – Delegation, as attached at 9.1.2(4);

e) Policy 1.2.7 Support for Staff Who Make Public Interest Disclosures, as attached at 9.1.2(5);

f) Policy 1.2.8 Authority to Execute Documents on Behalf of Council, as attached at 9.1.2(6); and

g) Policy 1.2.10 Approach to Attracting and Promoting Economic Development in the District, as attached at 9.1.2(7).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28076

That Council adopt the following reviewed policies:

a) Policy 1.2.1 Council Spokespersons, as attached at 9.1.2(1);

b) Policy 1.2.3 Use of the JC Rose Room, as attached at 9.1.2(2);

c) Policy 1.2.4 Shire of Manjimup’s Responsibility on Crown Land, as attached at 9.1.2(3);

d) Policy 1.2.6 State Administrative Tribunal – Delegation, as attached at 9.1.2(4);

e) Policy 1.2.7 Support for Staff Who Make Public Interest Disclosures, as attached at 9.1.2(5);

f) Policy 1.2.8 Authority to Execute Documents on Behalf of Council, as attached at 9.1.2(6); and

g) Policy 1.2.10 Approach to Attracting and Promoting Economic Development in the District, as attached at 9.1.2(7).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.1.4 Proposed Review of the Shire of Manjimup Code of Conduct 2019

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160556
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	6 January 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup’s Code of Conduct was last reviewed by Council on 24 October 2019. A copy of the existing Code of Conduct is appended.

APPENDIX: 9.1.4 (A)

During the ongoing process of review of the Local Government Act 1995 by the State Government, statutory changes were made in the late in 2019 to the provisions relating to gifts. At the time of the last Code of Conduct adoption process by Council on 24 October 2019, Shire officers had been waiting for further guidance from the Department of Local Government, Sport and Cultural Industries regarding gift requirements and determined not to request further changes to the Code of Conduct from Council until certain matters relating to gifts had been clarified.

Recently clarification of the provisions relating to gifts was obtained by Shire officers and in addition to the proposed new Council Policy 1.2.2 Gifts - Attendance at Events and Functions appearing as Item No. 9.1.3 in the agenda for this meeting, the reviewed Code of Conduct 2019 is now provided to Council for consideration.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Code of Conduct 2019 has been reviewed by the Chief Executive Officer and a summary of the reviewed changes suggested for Council endorsement are found in the table following:

Item	Comment
Updating dates to 2020.	Self-explanatory.
Changes to the applicable legislation in the foreword to the document.	Reference to the Local Government (Rules of Conduct) Regulations 2007 requirements (r.12) relating to gifts has been deleted. All Regulations are also now just referred to as “subsidiary legislation” throughout the document.
Provisions relating to gifts applicable to Council and CEO gifts has been altered to align to legislation.	Changes to the Local Government Act 1995 have significantly simplified the way gifts are treated for Councillors and the CEO. The Code of Conduct provisions have been altered to specifically reflect these changes. In addition to this there is a statutory requirement for Council to adopt a gift policy relating to Events and Functions. Whilst this is a separate item in this agenda, the Code of Conduct needs to reflect this Council Policy if endorsed.
Removal of specific gift provisions from legislation for Senior Employees, and Non-Employee or Non-Councillor Committee Members.	Changes to the Local Government Act 1995 have significantly simplified the way gifts are treated for Senior Employees, and Non-Employees or Non-Councillor Committee Members. Whilst many of the statutory gift restrictions have been removed, it is necessary to tightly control and monitor the receipt of gifts within the organisation and this can be done through the Code of Conduct.

The proposed new Shire of Manjimup Code of Conduct 2020 is attached for Council’s consideration.

ATTACHMENT: 9.1.4(1)

In the near future it is likely that additional changes to the Code of Conduct will be required due to changes to the Local Government Act 1995 and subsidiary legislation. It is however considered important for Council to deal with provisions relating to gifts in the Code of Conduct at this point in time and on this basis the proposed Shire of Manjimup Code of Conduct 2020 is recommended to Council for adoption.

STATUTORY ENVIRONMENT:

Section 5.103 of the Local Government Act 1995 requires every local government to adopt a Code of Conduct which is to be observed by Councillors, Committee Members and Employees.

Policy / Strategic Implications:

The Code of Conduct is an important tool used to operate a local government organisation in an open and transparent way. A Code of Conduct is a legislative requirement applicable to local government in Western Australia.

Organisational risk management:

A Code of Conduct guides the open and transparent use of public funds via the enforcement of good governance practices.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the Shire of Manjimup Code of Conduct 2020 as provided at Attachment: 9.1.4(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28077

That Council adopt the Shire of Manjimup Code of Conduct 2020 as provided at Attachment: 9.1.4(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.3.1 Council Financial Payments August 2019

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	10 January 2020
DECLARATION OF INTEREST:	Nil

Background:

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

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $2,994,702.85 for the month of August 2019 are itemised in the attachment and in the Corporate Credit Card statement listed below.

ATTACHMENT: 9.3.1(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 23 January 2020.

Fund	Vouchers	Amount
Municipal	94017 - 94057	$75,328.23
Trust Fund	-	$ 0.00
Total Cheques for Month of August 2019		$75,328.23

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 23 January 2020.

Fund	Batch	Amount
Municipal	8 – 16	$2,909,982.12
Total EFT for Month of August 2019		$2,909,982.12

Corporate Credit Card August 2019 – Municipal Account

569.1317	Planning Institute 2x Registrations to regional Networking & DPLH Forum		$90.00
569.1317	Fanforce Films 3x Tickets to 2040 Documentary		$66.00
575.1101	Tall Timbers Afternoon tea – Project work meeting Heritage Park ST: 2 NS: 1		$58.00
162.1169	CTI Logistics Freight for Pool Tiles (ex VIC)		$233.85
575.1340	Museums Australia Membership 2019/20		$220.00
1041.1544	Electrical Home Aids 2x Mini Vacuum kits & postage		$46.90
575.1544	The Cherry Box Catering for Focus Group		$103.50
575.1101	SQ *Southern Roasting Breakfast Heritage Park Project Management Group ST: 2 NS: 1		$22.50
674.1101	Mudstone Estate 8 week challenge reward – MRAC fitness program 12x ladies		$1,100.00
6.1293	Blue Tiger Café Morning tea refreshments for Datacom Staff		$19.00
Various	Westnet Internet services 1/7/19 – 1/8/19		$399.79
6.1101	SQ *Southern Roasting SMT meeting		$93.50
6.1293	Pittsys Pizzas Datacom Go Live meeting		$101.00
15.1346	Apple Online i-Phone 8 repair		$248.95
6.1391	Secure Parking Safety Officer training – Perth Parking		$11.00
6.1391	Sebel West Perth 2x Nights Accommodation – Safety Officer		$408.24
6.1101	Coles Manjimup Food & Beverages for Morning Tea for Tammy Crosby		$25.15
6.1391	Pan Pacific Perth 1x night Accommodation & parking Perth Meeting - CEO		$295.21
6.1317	Pay ECU EDU AU Web Project Management Training - SGO		$1,900.00
6.1391	WOTIF 2x Nights Accommodation Margaret River – SGO & DWS		$543.20
4.1221	Adobe Creative Cloud CS7 Suite for PRO to Design documents		$74.76
687.102	DWER – Water 5x Tree Clearing Permits		$1,000.00
688.1317	PAY ECU EDU AU Web 1x Project Management Training - DWS		$1,900.00
687.1101	Tastings Coffee House Meal DWS & WMO – WADE Meeting Perth		$15.00
687.1101	City of Stirling Parking DWS & WMO – WADE Meeting Perth		$3.00
687.1101	Town of Cambridge Parking DWS & WMO – WADE Meeting Perth		$4.35
687.1101	Nippon Fare Meals DWS & WMO – WADE Meeting Perth		$21.80
687.1101	City of Vincent Parking DWS & WMO – WADE Meeting Perth		$2.00
687.1101	Low Key Chow House Meals DWS & WMO – WADE Meeting Perth		$62.00
687.1101	Foam Coffee Bar Meal DWS & WMO – WADE Meeting Perth		$41.80
687.1101	The Murray Hotel 1x Night Accommodation & Breakfast DWS		$141.00
687.1101	The Murray Hotel 1x Night Accommodation & Breakfast WMO		$141.00
Total Credit Card Payments			$9,392.50
Total Payments for the month August 2019		$2,994,702.85

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As Stated.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during August 2019 totalling $2,994,702.85 as detailed in Corporate Credit Card Statement and Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28078

That Council receive the accounts paid during August 2019 totalling $2,994,702.85 as detailed in Corporate Credit Card Statement and Attachment: 9.3.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.3.2 Council Financial Payments September 2019

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	10 January 2020
DECLARATION OF INTEREST:	Nil

Background:

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

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The accounts for payment totalling $2,232,238.49 for the month of September 2019 are itemised in the attachment and in the Corporate Credit Card statement listed below.

ATTACHMENT: 9.3.2(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 23 January 2020.

Fund	Vouchers	Amount
Municipal	94058 - 94096	$140,083.84
Trust Fund	-	$0.00
Total Cheques for Month of September 2019		$140,083.84

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 23 January 2020.

Fund	Batch	Amount
Municipal	18 – 22	$2,078,742.99
Total EFT for Month of September 2019		$2,078,742.99

Corporate Credit Card September 2019 – Municipal Account

6.1101	Top Deck Café Lunch Meeting – CEO & Cr Tapley		$31.00
6.1101	Southern Roasting Co. Meeting – CEO & Shire President		$14.00
2.1388	PCEC Liberty Bar LG Week – CEO & Shire President		$9.00
2.1388	Swan Taxis LG Week – CEO Parking		$13.97
2.1388	Perth Cafe Italia LG Week – Dinner CEO, 6 x Councillors, 4 x Partners		$767.40
2.1388	The Meat & Wine Co LG Week – Dinner CEO, 5 x Councillors, 3 x Partners, 2 x Guest		$945.00
2.1388	Parmelia Hilton Perth LG Week – Dinner CEO, 5 x Councillors, 3 x Partners, 2 x Guests		$1,125.94
4.1221	Adobe Adobe CS7 Creative Cloud Suite		$79.29
6.1391	City of Fremantle Parking – CEO Accommodation Site Meeting		$5.50
7.1014	Westpac Corporate Card Fee – CEO Card		$18.25
6.1101	Southern Roasting Co. Breakfast – SMT Meeting		$110.50
102.1192	Australian Institute of Building Surveyors Membership – Manager Building Services		$560.00
569.1317	Event & Conference Co Pty Ltd Registration – 2019 WA State NRM and Coastal Conference		$558.25
7.1014	Westpac Corporate Card Fee – DDR Card		$18.25
688.1317	Teddis Big Spoon Dinner – DWS & SGO Project Management Training		$69.00
688.1317	Drift Café Margaret River Meal – DWS & SGO Project Management Training		$58.00
1056.6003	Coles Express Service Station 69.88L Diesel – 1008WA		$104.06
688.1317	Margaret River Brewhouse Meal – DWS & SGO Project Management Training		$58.00
688.1317	The Urban Bean Meal – DWS & SGO Project Management Training		$42.89
688.1317	Kappadokia Kebabs Meal – DWS & SGO Project Management Training		$30.10
765.1101	City of Joondalup Parking – DWS DWER/Main Roads Meeting		$4.40
765.1101	City of Vincent Parking – DWS DWER/Main Roads Meeting		$2.90
765.1101	Blackwood Daily Grind Refreshments – DWS & MWS DWER/Main Roads Meeting		$9.00
765.1101	BP Baldivis Refreshments – DWS & MWS DWER/Main Roads Meeting		$8.30
765.1101	Brand QSR/Zambrero Lunch – DWS & MWS DWER/Main Roads Meeting		$33.30
7.1014	Westpac Corporate Card Fee – DWS Card		$18.25
13.1294	Nitro PDF Renewal - Nitro PDF Licence 37x VIP Access		$2,400.54
Various Work Orders	Westnet Internet Services 1/8/19 to 1/9/19		$399.79
687.1560	Landgate Fee – Title Production Fee, Channybearup Rd Realignment		$6.30
7.1233	Mega Thing Pty Ltd 1x Ream 2 Fold Payslips		$161.24
6.1293	Syntricate.com.au Case – Samsung Galaxy Tablet		$79.95
7.1014	Westpac Corporate Card Fee – DB Card		$18.25
575.1101	Amazon Market Place Book – How To Win Corporate Sponsorship		$46.70
575.1101	Southern Roasting Co. Meeting – DCS & 5 x Libraries		$25.00
1041.1544	Hobby Tools Brush – 2 x Fibreglass Scratch Brush & Refills		$54.94
660.1101	Forumadvoca Membership – Yearly Corporate Membership		$250.00
677.1299 677.1317	Trybooking Public Library Online Registration – Creating Collections for Future Communities Seminar		$461.00
669.1299	AIM Internet Enrolment – Leadership Course MCRS		$1,265.00
Various Work Orders	Community Recovery Registration – Community Recovery Training DCS, MCRS & MLCS		$1,980.00
571.1317	Community Recovery Registration – Community Recovery Training MMHCC		$660.00
Various Work Orders	Quality Lighthouse Bunbury Accommodation – DCS & MLS Recovery Training		$278.80
571.1317	Quality Lighthouse Bunbury Accommodation – MMHCC Recovery Training		$139.40
666.1294	ASIC Registration – Business Name “PowerUp! Electricity Museum”		$85.00
666.1294	ASIC Registration – Business Name “State Timber Museum”		$85.00
666.1294	ASIC Registration – Business Name “Manjimup Heritage Park”		$85.00
1013.1544	The Wood Works Book Putty Microcrystalline Wax Sticks x 75		$61.20
575.1101	Woolworths Groceries – Volunteer Day BBQ		$155.75
7.1014	Westpac Corporate Card Fee – DCS Card		$18.25
Total Credit Card Payments			$13,411.66
Total Payments for the month September 2019		$2,232,238.49

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As Stated.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during September 2019 totalling $2,232,238.49 as detailed in Corporate Credit Card Statement and Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28079

That Council receive the accounts paid during September 2019 totalling $2,232,238.49 as detailed in Corporate Credit Card Statement and Attachment: 9.3.2(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.3.4 Proposed Windy Harbour Lease Transfer - Site 309

PROPONENT	Nirvana Now Pty Ltd Amora Shells Pty Ltd
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 309 Fishermans Place, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F161224
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	10 January 2020
DECLARATION OF INTEREST:	Nil

Background:

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

Sites 204, 205, 207 and 306-309 are designated for Professional Fisherman.

Nirvana Now Pty Ltd as Trustee for the Ray Walker Family Trust leases Site 309. Approval is requested to transfer the lease to Amora Shells Pty Ltd as a beneficiary of the Ray Walker Family Trust.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Professional Fisherman Leases differ from the Holiday Cottage Leases in that they state the Lessee shall at all times during the term of the Lease:

(i) Hold a current Western Australian Commercial Fishing Licence issued in accordance with the Fish Resources Management Act 1994 and the Fish Resources Management Regulations 1995 for the Windy Harbour fishing block; and

(ii) Be the registered holder of a current Western Australian fishing boat licence and/or Western Australian Managed Fishery Fishing Boat Licence granted under the Fish Resources Management Act 1994 and the Fish Resources Management Regulations 1995 authorising a person to use a boat for professional fishing.

The licences associated with the current lease to Nirvana Now Pty Ltd are:

1. Commercial Fishing Licence to Raymond Walker (Director and Shareholder of Nirvana Now Pty Ltd);

2. Fishing Boat Licence to Nirvana Now Pty Ltd; and

3. Managed Fishery Licence to Raymond Walker.

Raymond Walker is also a Director and Shareholder of Amora Shells Pty Ltd and will continue to hold a Commercial Fishing Licence. The fishing boat licence held by Nirvana Now Pty Ltd is being transferred to Amora Shells Pty Ltd.

In accordance with Policy 3.4.2 Windy Harbour Leases, a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. A general condition assessment for Site 309 was undertaken in 2015 with it being in a good overall condition.

The current lease commenced 9 February 2017. A full 20 year lease term has been requested.

STATUTORY ENVIRONMENT:

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

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. Terminate, by mutual consent, the lease over Site 309 Windy Harbour between the Shire of Manjimup and Nirvana Now Pty Ltd as Trustee for the Ray Walker Family Trust; and

2. Approve a 20 year lease over Site 309 Windy Harbour between the Shire of Manjimup and Amora Shells Pty Ltd, subject to:

a) fishing licences required by lease being held in the name of either Amora Shells Pty Ltd or Raymond Walker; and

b) approval from the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28081

That Council

1. Terminate, by mutual consent, the lease over Site 309 Windy Harbour between the Shire of Manjimup and Nirvana Now Pty Ltd as Trustee for the Ray Walker Family Trust; and

2. Approve a 20 year lease over Site 309 Windy Harbour between the Shire of Manjimup and Amora Shells Pty Ltd, subject to:

a) fishing licences required by lease being held in the name of either Amora Shells Pty Ltd or Raymond Walker; and

b) approval from the Minister for Lands.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.1 Proposed Adoption of the Draft Local Planning Policy 6.1.3 - Outbuildings

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Residential, Town Centre, Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	3 January 2020
DECLARATION OF INTEREST:	Nil

Background:

At the 23 May 2019 Ordinary Meeting, Council resolved (Resolution 27810) to advertise the draft Local Planning Policy 6.1.3 – Outbuildings (draft Policy) and to await a further report on the draft Policy following close of advertising.

A copy of the draft document as advertised is appended.

APPENDIX: 9.5.1(A)

With advertising now complete in accordance with Clause 2.4 of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme), Council is requested to consider the adoption of the draft Policy.

Council is furthermore requested to consider some minor amendments to the draft policy as advertised to address administrative changes as detailed in the comment section below.

PUBLIC Consultation Undertaken:

Notices were placed in the Manjimup – Bridgetown Times and on the Shire of Manjimup’s website in accordance with Clause 2.4.1 of the Scheme for a period of 21 days. Submissions on the draft Policy were invited up to and including Wednesday 17 July 2019.

Following the advertising period, the draft Policy was also referred to the Department of Planning Lands and Heritage (DPLH Planning) for comment due to the variations proposed to State Planning Policy 7.3 Residential Design Codes Volume 1 (the R-Codes).

No public submissions were received in response to the advertising. DPLH Planning on behalf of the Western Australian Planning Commission approved the proposed variations to introduce a maximum aggregate floor area within Residential zoned areas of 190m² for outbuildings assessed under the Policy.

A copy of the submission is attached.

ATTACHMENT: 9.5.1(1)

Once finalised by Council, a public notice advising of the outcome must be published in order for the documents to become effective (Clause 2.43 of the Scheme).

COMMENT (Includes Options):

As mentioned in the background section a minor modification to the draft policy is required to address change in State policy naming and numbering of the R-Codes from SPP 3.1 to SPP 7.3 Volume 1.

In completing a final review of the draft Policy, Shire Officers have also identified that the provisions relating to outbuildings as advertised required minor modification to ensure consistency with the Scheme. These changes are summarised as follows:

a) Within the “Deemed to Comply Provisions” for Residential and Town Centre Zones rear setback for R2 – R15 densities in accordance with Table 1 of the R-Codes was overlooked, an additional provision, which is consistent with the R-Codes has been incorporated;

b) Clarification that the provisions of the Policy apply where a variation to the maximum outbuilding size permitted by the Scheme is being sought. The provisions, as advertised, could be interpreted as varying the provisions of the Scheme. As Local Planning Policies cannot be used to vary the Scheme requirements, the proposed wording has been modified; and

c) Within the “Deemed to Comply Provisions”, it was stated that the Policy provisions of the policy did not apply to properties larger than 5ha in the Rural-Residential Zone. This reference has now been removed from the draft policy ensuring that the policy is consistently applied to all properties within the Rural-Residential Zone, irrespective of their size.

A copy of the amended policy is attached.

ATTACHMENT: 9.5.1(2)

Conclusion

Given there were no submissions received, and the minor amendments proposed will not impact on the purpose or intent of the policy, it is recommended that Council adopt the Policy as presented in the attachment.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Clause 2.4 of Shire of Manjimup Local Planning Scheme No.4

Policy / Strategic Implications:

The adoption of the policies will assist in the Shire in meeting the Strategies outlined in the Strategic Community Plan 2019-2029, being:

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

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

Organisational risk management:

Nil.

Financial Implications:

The cost of advertising the final documents will be wholly contained within the 2019/20 annual budget as adopted by Council.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The revised policy will ensure that the amenity of localities is protected and that the development expectations of the community are clearly legislated.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.3 – Outbuildings (as amended) as shown at Attachment: 9.5.1(2); and

2. Authorise the Chief Executive Officer to advertise adoption of the policy as detailed in point 1 above, in accordance with Clause 2.4.3 of the Shire of Manjimup Local Planning Scheme No. 4.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28082

That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.3 – Outbuildings (as amended) as shown at Attachment: 9.5.1(2); and

2. Authorise the Chief Executive Officer to advertise adoption of the policy as detailed in point 1 above, in accordance with Clause 2.4.3 of the Shire of Manjimup Local Planning Scheme No. 4.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.2 Proposed Adoption of Local Planning Policy 6.1.23 Container Deposit Infrastructure

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	3 January 2020
DECLARATION OF INTEREST:	Nil

Background:

At the 25 July 2019 Ordinary Meeting, Council resolved (Resolution 27879) to advertise the draft Local Planning Policy 6.1.23 Container Deposit Infrastructure (the draft Policy) and to await a further report on the draft document following the close of advertising.

A copy of the draft Policy, as advertised, is shown at Appendix A.

APPENDIX: 9.5.2(A)

With advertising now complete in accordance with Clause 2.4 of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme), Council is requested to consider the adoption of the draft Policy.

Since the advertising of the draft Policy, to assist with the rollout of associated infrastructure for container refund points, amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 are being proposed. The proposal is to amend clause 61 of the Regulations to provide development approval exemptions for certain specific Container Deposit Scheme (CDS) developments. Once finalised, if the amendment to the Regulations affect the provisions of the draft policy, a revised document will be prepared.

Council is requested to consider a minor amendment to the draft policy as advertised. Details of this amendment are contained in the comment section below.

PUBLIC Consultation Undertaken:

No public submissions were received in response to the advertising.

Once finalised by Council, a newspaper notice advising of the outcome must be published in order for the documents to become effective (Clause 2.43 of the Scheme).

COMMENT (Includes Options):

As mentioned in the background section a minor modification to the draft policy section on visual amenity is proposed. A Shire Officer recommended that provision number four (4) relating to visual amenity be revised to ensure that it is clear that the removal of waste or recyclable materials which cannot be accepted by a reverse vending machine will maintain the visual amenity of an area.

Local Planning Policy 6.1.23 Container Deposit Infrastructure is shown at attachment 1.

ATTACHMENT: 9.5.2(1)

STATUTORY ENVIRONMENT:

Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 Deemed Provisions and the Shire of Manjimup’s Local Planning Scheme No.4.

Policy / Strategic Implications:

The draft policy will assist in the delivery of the following Strategies under the

Shire of Manjimup Strategic Community Plan 2019-2029:

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

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

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

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: When operational the draft policy will guide the development/establishment of CDS infrastructure facilitating the recycling of beverage containers for refund.

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

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.23 – Container Deposit Infrastructure as shown at Attachment: 9.5.2(1); and

2. Authorises the Chief Executive Officer to advertise adoption of the policy as detailed in point 1 above, in accordance with Clause 2.4.3 of the Shire of Manjimup Local Planning Scheme No.4.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28083

That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.23 – Container Deposit Infrastructure as shown at Attachment: 9.5.2(1); and

2. Authorises the Chief Executive Officer to advertise adoption of the policy as detailed in point 1 above, in accordance with Clause 2.4.3 of the Shire of Manjimup Local Planning Scheme No.4.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.3 Proposed Local Planning Policy 6.1.7 - Alfresco Dining

PROPONENT	Shire of Manjimup
OWNER	Crown Land
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Road Reserve
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F161012
LEGISLATION:	Planning and Development Act 2005 Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	13 January 2020
DECLARATION OF INTEREST:	Nil

Background:

It has been standard practice for the Shire of Manjimup to issue a planning approval for Alfresco Dining on public land administered under the Local Government Act 1995. This typically relates to footpath areas of public road reserves, located immediately adjacent to a licensed food premises.

To guide the establishment and ongoing operation of Alfresco Dining, Council previously adopted Local Planning Policy 6.1.7. A copy of the current policy is appended.

APPENDIX: 9.5.3(A)

With a dedicated Alfresco Dining Area now established within Brockman Street, there is a need to expand the policy requirements to:

a) Consider the implications of larger outdoor dining areas;

b) Ensure a standard of furniture etc. to complement the new works; and

c) Delineation of areas where the operators will seek a liquor license.

During the informal meeting held on 12 September 2019, Council was presented with a discussion paper relating to the principles to be adopted within a new revised policy. These principles were considered by the Manjimup Town Centre Revitalisation Committee (the Committee) meeting held on 25 September 2019.

The Committee recommendations were presented to Council as part of item No L1 at the Ordinary Council Meeting held on 3 October 2019, where Council resolved to request the preparation of a new Policy consistent with four principles relating to the standard of furniture and advertising material.

Subsequently a draft Policy was considered by Council at its Ordinary Meeting held on 24 October 2019. The policy as shown attached was adopted for the purposes of advertising.

ATTACHMENT: 9.5.3(1)

With advertising of the policy now completed, Council is requested to consider adopting the revised Policy as advertised.

PUBLIC Consultation Undertaken:

Prior to development of the draft Policy both elected members and members of the Manjimup Town Centre Revitalisation Committee were consulted.

The draft Policy has shown at Appendix: 9.5.3(B) has now been advertised for public comment in accordance with the requirements of Local Planning Scheme No 4. A copy of the draft policy was forwarded to the Manjimup Chamber of Commerce as part of the consultation process. At the close of advertising no submissions had been received.

COMMENT (Includes Options):

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

Current Policy Requirements

The current Planning Policy 6.1.7 relating to Alfresco Dining as shown at Appendix: 9.5.3(A) requires that alfresco dining areas meet the following requirements:

(i) Designed to allow for a minimum clear footpath of 2.0 metres in width. Pedestrians should be permitted to make normal use of the footpath without stepping onto the road at any point.

(ii) Positioned in a manner so as not to obstruct vehicle sightlines at intersections and/or access points.

(iii) Designed to reduce conflict with, or obstruction of view or access to other retail and commercial activities on adjacent properties.

(iv) The appearance and structure of facilities proposed should be compatible with the amenity of the area.

(v) Adequately serviced by a rubbish bin which is to be provided by the applicant, at the rate of one 50 litre bin per twelve seats or part thereof. The rubbish bin shall be adequately serviced and emptied by the applicant.

(vi) Where the alfresco area is to be operated during the hours of darkness, the eating area shall be well lit.

(vii) The applicant shall hold a public liability insurance policy, which covers the alfresco area.

(viii) Where fixtures are temporary, they must be removed at the end of each day.

(ix) Alfresco area approvals will be subject to an annual application renewal.

Revised Policy

The revised Policy provisions address various matters not addressed by the current Policy as outlined below:

Standards of Furniture

Overall the standard of furniture contributes to the amenity of the area and the comfort of customers. Whilst it is desirable to ensure a suitable standard of furniture is used in all locations, the Draft Policy stipulates several additional requirements relating to the Brockman Street Alfresco Precinct to ensure the alfresco dining furniture complements the standard of recently completed works.

Barricades

Barricades are often used to define a specific alfresco dining area associated with the adjacent business, clearly delineating areas used by different businesses and the area for which a business owner is responsible. Barricades will be a requirement in order to clearly define any area subject of a liquor license.

The Policy outlines that barriers shall have a maximum height of 1.2 metres and shall be of a single style being either clear polycarbonate or a high standard of visually permeable fencing. The use of solid barriers, is not supported due to the potential for such barriers having the potential to privatise the area and obstruct views of and through the public space.

Umbrellas

In order to prevent conflict with pedestrian movement, the draft policy requires a minimum head clearance of 2.3 metres to prevent them coming in contact with pedestrians/patrons. With respect to amenity considerations, the policy requires that umbrellas within a single alfresco dining area shall be of the same colour.

Advertising Restrictions

To ensure a high level of amenity, the draft policy restricts the use of advertising materials, in accordance with the following principles:

· Advertising on umbrellas/barricades and other furniture not to exceed a maximum of 10% of the surface area;

· Advertising shall not be permitted to be incorporated onto chairs or dining tables;

· Advertising shall be restricted to the logo of the business operating the alfresco area and or products sold on premises; and

· The placement of menu boards or signs associated with the alfresco dining being contained within the approved alfresco area.

Conclusion

The revised draft policy as proposed will be used to guide applicants seeking to establish Alfresco Dining on public land within both within the specific location of the Brockman Street Food and Beverage Precinct and the Shire Generally. Applicants that are consistent with the requirements of the Policy will be processed under delegated authority.

Where applications do not conform to the Policy, or a variation of the Policy is sought Council will be requested to determine the matter on a case by case basis.

STATUTORY ENVIRONMENT:

As the Shire is responsible for the care and control of road reserves within the Shire, Alfresco Dining is required to be approved by the Shire both as the effective landowner under the Local Government Act 1995 and the land use under Local Planning Scheme No 4 (the Scheme).

In accordance with Part 2 of the Scheme, the local government may prepare a Local Planning Policy in respect of any matter related to the planning and development of the Scheme Areas to provide further guidance to both applicants and shire officers. Local Planning Policies are used to assist the local government in making decisions under the Scheme and Council must have regard to these decisions in determining applications for planning approval.

With advertising of the draft Local Planning Policy now complete in accordance with the Scheme requirements, the Policy may be adopted for implementation.

Policy / Strategic Implications:

In adopting guidelines for Alfresco Dining relating to Brockman Street, Council must ensure that the resultant activities are 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.

The Shire of Manjimup Community Strategic Plan 2019-2029 also 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’.

Organisational risk management:

Appropriate management of the type and location of furniture is required to ensure that furniture placed on public land does not pose a risk. The new Draft Policy identifies specific restrictions to minimise this risk including minimum head heights for umbrellas and prohibition of the use of light weight furniture or furniture that may become windblown.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Opportunities for significant alfresco dining areas immediately adjacent to commercial premises are limited within the Manjimup Town Centre. Establishment of the extensive alfresco dining area in Brockman Street is expected to attract patrons from both visitors and locals alike who are seeking an alternative dining experience.

Social: The establishment of a high quality alfresco dining experience will greatly enhance the ability for showcasing the character of the area and the Shires reputation as a world-class culinary destination.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. Adopt draft Local Planning Policy No 6.1.7 – Alfresco Dining as shown at Attachment: 9.5.3(1) in accordance with clause 2.4.2 of Local Planning Scheme No 4; and

2. Request the Chief Executive Officer publish notification of the revised Policy referred to in point 1 above in accordance with clause 2.4.3 of Local Planning Scheme No 4.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28084

That Council

1. Adopt draft Local Planning Policy No 6.1.7 – Alfresco Dining as shown at Attachment: 9.5.3(1) in accordance with clause 2.4.2 of Local Planning Scheme No 4; and

2. Request the Chief Executive Officer publish notification of the revised Policy referred to in point 1 above in accordance with clause 2.4.3 of Local Planning Scheme No 4.

ADOPTED BY EN BLOC RESOLUTION: 11/0

Councillor Skoss declared an Impartiality Interest in this Item as he has collated submissions from members of Warren Donnelly Catchment Advisory Committee and several earthmoving contractors. Councillor Skoss declared that he would consider this matter on its merits and vote accordingly.

ATTACHMENT

APPENDIX

9.5.5 Proposed Adoption of Revised Local Planning Policy 6.1.20 - Dams

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161518
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	13 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Currently Local Planning Policy (LPP) provisions relating to Dams are contained within LPP 6.1.11 – Rural Land Use as previously adopted by Council. In order to provide clearer guidance on Dam Construction, it is proposed that a new LPP be adopted relating solely to dams and LPP 6.1.11 be revised to remove reference to Dams.

At its Ordinary Meeting held on 14 November 2019, Council resolved to adopt revised Draft Local Planning Policy No 6.1.20 – Dams for the purposes of advertising. With advertising of the revised Draft Local Planning Policy now complete, Council is requested to further consider the Policy having regard to the submissions received.

A copy of the Draft Policy as advertised is appended.

APPENDIX: 9.5.5(A)

By way of background, although a draft Policy was first prepared for Council consideration at its Ordinary Meeting held on 14 June 2018, the draft was subsequently subject of several review processes, including several presentations to Council and discussions with elected members. A workshop was held with representatives from the Warren Donnelly Advisory Committee during this previous advertising period.

Subsequently at its 12 September 2019 meeting, Council was requested to consider adopting draft LPP 6.1.11 – Rural Land Use and LPP 6.1.20 – Dams following advertising of the proposed Policies. Council resolved to defer consideration of the draft policy pending a workshop with elected members.

The current draft, as advertised, was prepared following the additional workshop with interested elected members and was presented to Council during the informal briefing session at the meeting held on 24 October 2019.

Council is now requested to consider final adoption of a draft Policy that has been modified in response to the submissions received. A copy of the revised draft is shown attached.

ATTACHMENT: 9.5.5(1)

PUBLIC Consultation Undertaken:

The draft Policy has been advertised for a period of not less than 21 days in accordance with the requirements of Local Planning Scheme No 4. A total of three submissions were received, consisting of a submission from the Department of Water and Environmental Regulation, a member of the public and one from Cr Skoss.

The content of the submissions has been included within a detailed schedule of submissions shown attached.

ATTACHMENT: 9.5.5 (2)

COMMENT (Includes Options):

The construction of dams and the collection and use of water in Western Australia is regulated by various legislation including:

· Applications to take water with the Department of Water;

· Interference with the Beds and Banks of Water Courses;

· Clearing permits under the Environmental Protection Act; and

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

To assist Council in considering final adoption of the revised Local Planning Policy relating to Dams, the following comments are offered:

Prior Planning Approval

Within the Shire of Manjimup, Local Planning Scheme No 4 (LPS No 4) states that the prior planning approval is required for dams under the following circumstances:

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

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

Matters to be Considered

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

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

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

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

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

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

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

(xxvi) any relevant submissions received on the application;

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

Local Planning Policy

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

Council may adopt a Local Planning Policy to guide how the requirements for applications relating to dams, the considerations and processes to be followed. A stand-alone Local Planning Policy relating to Dams within the Shire is recommended so as to ensure a consistent standard of application and standardisation of the planning approval process, having regard to those matters required to be considered (as outlined above), including the potential for risk.

The Role of the Department of Water and Environmental Regulation (DWER)

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

Rights in Water and Irrigation Act 1914

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

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

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

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

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

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

Rights in Water and Irrigation Regulations 2000

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

(a) the design; or

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

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

Draft Policy Provisions

Having regard to the fact that DWER has no responsibility in assessing the structural integrity of a Dam, the draft policy as presented to Council in April 2019 contained recommendations as to how low risk, medium risk and high risk dams could be identified based on their size and size of wall.

Following the workshop with Council a more complex risk matrix was developed and presented to Council at the Informal Briefing session held prior to the 24 October 2019 meeting. The matrix has now been further refined having regard to the comments expressed during the informal meeting.

The major changes to the current policy are summarised as follows:

· Introduction of a Risk Matrix, rating the potential risks associated with the construction type, volume, height of wall, design of the wall (by Engineer or others), the type of infrastructure located downstream and the design of dam by-passes and overflows (by Engineers or others);

· Classification of Low, Medium and High Risk Dams using assessment against the matrix;

· Introduction of a requirement for advice notes recommending Engineering designs for Medium Risk Dams;

· Introduction of a requirement for conditions to be imposed on high risk dams requiring both walls and by-pass/overflow systems to be designed by a suitably qualified engineer.

Whilst Shire Officers have attempted to address all issues identified by elected members, the previous agenda item identified that further refinement of the classification scale may be required.

Submissions Received

As identified in the Public Consultation section above, a total of three submissions were received in response to the latest advertised draft. A summary of these submissions is provided in the Schedule of Submissions shown at Attachment No: 9.5.5(2).

In addition to these submissions, a single submission was received in response to previously advertised policy. Generally speaking, this submission sought support to the construction of dams across property boundaries. This submission is not included in the latest schedule of submissions, but is discussed below.

To assist Council in determining a response to these conditions, the following comments are offered:

1. Private Landowner Submission – Dams Across Boundaries

The submission outlines that the authors are seeking to establish a dam across the common boundary of two adjoining family owned lots, with the idea of an equal share in the water and maintenance costs. The submission urges the Shire to support the establishment of dams across boundary properties.

Generally speaking, the construction of a dam across properties boundaries is not supported for the following reasons:

a) The requirement to contain drainage within a single property;

b) Potential ongoing issues with Management of the Dam, particularly when a change of ownership occurs;

c) Compliance with the Shire’s annual firebreak notice; and

d) The need for a legally binding agreement where water from a dam crosses a property boundary as a prerequisite to the Department of Water issuing a Water License (as outlined on their website).

Given the above considerations, it is generally recommended that dams and their associated infrastructure and drainage, should be wholly contained within a single title. It is therefore recommended that the Policy not be modified to facilitate dams across common boundaries.

The above said, it should be noted that a Local Planning Policy is not a statutory document forming part of the scheme, but rather a guideline for the assessment of applications made under LPS No 4. Where desirable, Council may vary the provisions of a Local Planning Policy specific to any application.

2. DWER Submission

Within their submission DWER recommended that references to the Department of Water (DoW) and Development and Regulation (DER) be modified to refer to the new Department name of Department of Water and Environmental Regulation (DWER). DWER had no other comments to make on the policy.

Reference to DoW and DER should have been modified within the draft policy, however this did not occur due. The comments offered by DWER are supported and have been incorporated into the revised draft.

3. Private Land Owner Submission

The sole submission received in response to the latest advertised draft Policy urges Council to:

a) Extend its role to eliminate the option of applying for retrospective approval when original approvals have not been complied with (i.e approved setbacks);

b) Increase the involvement of officers with regular “stage checks” to ensure compliance with conditions of approval such as setbacks to ensure correct positioning on site.

In response, Council is advised that in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, “Deemed to Apply” provisions ensure that LPS No 4 requires that Council determine applications for development already commenced or carried out. Fees associated with Retrospective Applications also include a requirement for normal fees to be paid plus by way of penalty a fee equivalent to twice the prescribed fee. Notwithstanding any retrospective application, Council may also elect to take legal action for a breach of the Scheme, including the issuing of a modified penalty.

The applicants suggestion for Shire Officers to complete stage checks is one that deserves consideration as such an approach would most likely prevent developments being completed contrary to approved plans. Such an approach would however require a system where applicants provide Shire Officers with notification that an identified stage has been reached.

It is recommended that this suggestion be given further consideration during a workshop with elected members, where the impact on Shire resources can also be considered.

4. Elected Member Submission

As reflected within the Schedule of Submissions, a detailed submission has been received from Cr Skoss. Whilst several of the comments made reflect minor corrections to the policy, Cr Skoss is also suggesting significant changes to the policy provisions as advertised. As some of the suggestions would represent a significant departure from the draft policy provisions as advertised, it will be necessary for the draft policy to be further advertised should these aspects of Cr Skoss’ submission be supported.

Further comment on those matters raised by Cr Skoss is provided below to assist Council in considering this matter.

Modification of Objectives

No objection is raised to the suggestion that reference to design, assessment and construction be deleted. The suggested change will simplify the statement to reflect that the purpose of the Policy is provide clarity and direction with regard to the approval process for dams.

The suggestion that the additional statement be address that the objective of the policy is to ensure dams do not have a negative impact on neighbouring properties or pose a risk to people property and infrastructure is however not supported as the scope of matters to be considered is not limited to these factors.

Catchment vs Off Stream Dams

The submission suggests that Catchment Dams and Off Stream Dams are, for the purposes of the policy, the same. As reflected within the definitions contained in the advertised draft, Shire Officers consider that the two types of dams are different in that:

a) Off Stream Dams are still fed by a watercourse, which is subjected to varying flows and significant variations in catchment size; and

b) A Catchment Dam is not fed by a watercourse, but instead relies on rainfall run-off from a defined catchment or groundwater seepage.

Given that the construction of off-stream dams requires more consideration to be given to overflow infrastructure, this suggestion is not supported. That said it is recognised that Catchment Dams were not addressed in the risk matrix. The draft Policy has been modified accordingly.

By-pass Overflow Systems

A suggested modification has been made to replace the word “overflow” with bypass (spillway, over-wall pipe and or scour pipe). No objection is raised to this suggestion as it ensures that the various methods to ensure that a dam wall is not topped over.

The further suggestion that the words “ensuring that the flow of water downstream is not prohibited or substantially restricted” is not however supported on that basis that clause 10.2(xiii) of the Scheme requires that in considering development applications, the local government have regard to the likely effect on the natural environment and any means proposed to mitigate these impacts.

Clarity of Need for Approval

The submission suggests that it needs to be clarifies what zones require development approval for a dam. This would duplicate information contained within LPS No 4 and is not supported.

As an alternative, the Policy could include a statement within the “Policy Measures” section of the draft to confirm those applications exempt from the need to obtain approval being dams within the General and Priority Agriculture Zone where the toe of the wall and any associated infrastructure are setback more than 20 metres from a property boundary. The draft has been updated accordingly.

Similar information contained in the section Dam Setbacks has now been deleted from the draft and the section given a revised title of “Application Requirements”.

Assessment of Environmental Impacts

The submission makes several suggestions in respect of section 2 of the draft policy, essentially advising that clauses 2.1 to 2.4 are not relevant or applicable for a local government policy. The submission also suggests that siting considerations shown at clause 2.1 and 2.2 are covered by DWER under the Rights in Water and Irrigation Act 1914.

These comments are not supported given clause 10.2 of the LPS No 4 requires the local government to have regard to various matters including, but not limited to:

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

(xxiv) Whether the proposal is likely to cause soil erosion or land degredation;

(xxvii) The comments or submissions received from any authority consulted under Section 10.1.

Both the Shire and Council are therefore required legally bound to consider these matters when determining an application for development approval. Where further advice is needed in terms of environmental impact, the advice of the Department of Water and Environmental Regulation may be sought.

The draft policy statements ensure that prospective applicants are aware of this.

The final suggestion made in respect of section 2 is the inclusion of a statement in draft clause 2.5 regarding overflow systems and ensuring water is returned to the drainage line/stream prior to leaving the property. Whilst the suggested wording is supported, clause 2.5 relates to the dam construction period only. It is therefore recommended that a new clause 2.6 be incorporated into the Policy. The draft Policy has been updated accordingly.

Confirmation by Survey

Clause 3.3 of the Draft Policy states that on completion of the construction of a dam, the applicant may be required to provide confirmation by a surveyor that the capacity of the dam is consistent with that approved. The submission suggests that this a DWER requirement for licensed dams not a Policy issue.

Removal of this clause is not supported given the need to ensure that a dam approved by Council has been constructed in accordance with that approval. It is considered worthwhile communicating that this may be a requirement, avoiding the all too common situation where a landowner amends the construction to their satisfaction once approval has been obtained.

It is however recommended that reference to setbacks and dam wall height be included within the clause.

Natural Water Flows and Vegetation Removal

The submission also recommends that clauses 3.4 and 4.1 relating to the maintenance of environmental/natural water flows and the clearing of riparian vegetation respectively are matters for DWER application processes and not the Draft Policy. This comment is not supported given that clause 10.2 of LPS No 4 requires that the local government consider environmental impacts when determining an application.

Where required, advice may be sought from DWER, but the local government is still required to consider these aspects of a proposal.

Impact/Risk Assessment Criteria

Several comments are offered in respect of the impact/risk assessment criteria section of the Policy. The first of these comments seeks to expand on information required to be submitted in respect of low risk dams.

As a result of this comment, it is now recognised that the level of information required to be submitted is clearly outlined within application requirements section of the Policy. It is therefore recommended that the statement relating to application detail be deleted from the Low Risk Dams/Soaks section.

Similarly the suggestion for application information to be included in section 5.2 is not supported as this is also adequately covered within the Application Requirements section of the draft report.

Certification by Suitably Experienced Contractors

The submission recommends that the statement that Advice Notes included on any approval relating to a Moderate Risk Dam be modified to recommend the structure be designed by an appropriately experienced contractor. As the Draft Policy provision relates to the provision of advice only, the comment is not supported and it is recommended that the clause be retained “as is” in respect of Moderate Risk Dams.

In addition the submission suggests that the requirement for overflow systems for High Risk Dams be designed by a suitably qualified engineer be replaced with a suitably qualified person. Whilst the views of the author are that an experienced contractor may be able capable of completing this work, there would be an onus on Shire Officers to determine if the person completing the design is “appropriately experienced”.

In the event that such an approach is taken and the dam fails, and it is found that the person giving advice is incorrect, this could have liability implications for the local government. By insisting the design is prepared by a suitably qualified engineer, the local government is taking an appropriate step to ensure that the potential risks are addressed and mitigated. A reliance on local government officers to determine if a person is suitably qualified is inappropriate and will in the opinion of Shire Officers put Council at risk of litigation in the event of a dam failure.

Hydrological Reports

The submission receives expresses the view that the requirements of Draft Policy clause 5.3(a) relating to High Risk Dams is a requirement covered by the DWER licensing process. In this regard, Shire Officers advise:

a) There should be no issues providing this information if it must be submitted in DWER in any event; and

b) The management of water flow is a significant consideration in mitigating risks associated with the potential failure of high risk dams.

DWER Referral

The author of the submission suggests that only applications for on-stream dams should be referred to DWER for comment. Whilst Shire Officers have some knowledge/expertise in respect of environmental matters, clause 10.1 permits the local government to consult any statutory authority. This is in the opinion of Shire Officers an operational consideration.

As DWER is the pre-eminent environmental authority in Western Australia, Shire Officers need to reserve the right to seek advice from that authority to ensure a suitable level of information is available for the requirements of clause 10.2 to be addressed, with specific reference to the need for the local government to have regard to the potential for environmental impacts.

The submission also includes a statement that Shire Officers should not be required to make assessments on hydrology or environment considerations. This comment cannot be supported given that the provisions of LS No 4 and the Deemed to Apply Provisions under the Planning and Development Act 2005 place a legally binding onus on the local government to have regard to matters including, but not limited to the potential for environmental impact and measures to be implemented to mitigate these risks.

In accordance with clause 10.1 the local government may liaise with relevant statutory authorities such as DWER to obtain further advice on these matters, but they must be considered by the local government in making a determination on any application for development approval.

Conclusion

As a result of the submissions received a number of minor amendments to the have been completed, modifying the draft Policy to its current form as contained at Attachment: 9.5.5 (1).

The above said, the submissions make a number of other suggestions that require further discussion with and consideration by Council. These matters include:

a) Shires Officers inspecting Dam construction at identified stages to ensure compliance with approved plans;

b) Potential modification of the Risk Matrix.

Given the level of changes to the Policy, Council is advised that further public consultation should be undertaken in accordance with the provisions of LPS No 4.

STATUTORY ENVIRONMENT:

Local Planning Policies prepared in accordance with Part 2.2 of LPS No 4 are required to be advertised for public comment over a period of not less than 14 days. In this case the policy was advertised for a period of 21 days.

As previous draft of the Policy was also advertised for public comment.

Should Council wish to make substantial changes to the policy as advertised, Shire Officers advise that readvertising of the policy will be required.

Policy / Strategic Implications:

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

The new draft policy relating to Dam (LPP 6.1.20) ensures that the level of information provided by an applicant will be sufficient to ensure that the potential risks (i.e. dam burst and environmental impacts) may be adequately assessed by Council.

Organisational risk management:

Adoption of a new draft Local Planning Policy relating to dams should ensure that the matters to be considered in accordance with clause 10.2 of the Scheme are highlighted to both applicants and Shire Officers alike.

Financial Implications:

A failure to address risk associated with the construction of dams requiring the prior Development Approval of the local government could put the organisation at risk of litigation in the event of an approved dam failing.

Sustainability:

Environmental: In determining applications for Development Approval, clause 10.2 of LPS No 4 requires that the local government have regard to various matters including land suitability, risk and environmental impacts. Given this, whilst the environmental impacts associated with dams through the interference with beds and banks of water bodies and/or the clearing of vegetation is assessed by the Department of Water, Environment and Regulation, both Shire Officers and elected members must have regard to these matters or be in contravention of the Scheme requirements.

Economic: Dams and the source of water they provide for irrigation underpin the viability of agricultural activities within the Shire. Conversely, Dam failures have potential to detrimentally impact on agriculture production.

Social: Dam failures also have potential to have social impacts particular in circumstances where farm failures impact on life, property or employment.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Support modification of Draft Local Planning Policy as shown at Attachment: 9.5.5(1) as reflected within the Schedule of Submissions shown at Attachment: 9.5.5(2);

2. Defer consideration of Local Planning Policy No 6.1.20 – Dams to the Ordinary Meeting of Council to be held on 13 February 2020 to permit a further workshop to be held with elected members in order to give detailed consideration to those submissions relating to site inspections and the risk matrix as reflected within the Schedule of Submissions at Attachment: 9.5.5(2); and

3. Request the Chief Executive Officer to arrange the workshop referred to in point (b) prior to the closure of the Council agenda for Council’s Ordinary Meeting to be held 13 February 2020.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28085

That Council:

1. Support modification of Draft Local Planning Policy as shown at Attachment: 9.5.5(1) as reflected within the Schedule of Submissions shown at Attachment: 9.5.5(2);

3. Request the Chief Executive Officer to arrange the workshop referred to in point (b) prior to the closure of the Council agenda for Council’s Ordinary Meeting to be held 13 February 2020.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.6 Proposed Advertising Devices at Lot 21 & 22 (42-46) Rose Street, Manjimup

PROPONENT	RSM Australia
OWNER	Cockles Pty Ltd
LOCATION / ADDRESS:	Lot 21 & 22 (42-46) Rose Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/178 P56679 P56680
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	3 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for window advertising at Lot 21 (42-46) Rose Street, Manjimup.

The area of the lot is 632m² and contains a number of tenancies. Conditional approval was recently granted, under delegated authority, for three (3) of the tenancies to be used as an Office for RSM Australia. A location plan is shown below.

Location Plan

The applicant is proposing to apply advertising signage to the windows facing Rose Street and Brockman Street to the lower third of each window section. Awning fascia signage has already been installed as these were exempt from requiring planning approval.

The details of the proposed window signage are:

· Dark grey background colour with RSM logo and different services listed on each panel;

· Dark grey background film to lower portion of doors;

· Dark grey RSM logo to upper portion of doors facing Brockman Street.

The applicant intends to install an under awning sign to match the existing Brockman Street signage at a future time. A copy of the proposal is provided attached.

ATTACHMENT: 9.5.6(1)

Councils’ determination of the application is required as the proposal does not comply with the prescribed development standards for window signage as set out in Local Planning Policy 6.1.4 Advertising Devices - Signage and Flags (the Policy).

PUBLIC Consultation Undertaken:

As the applicant is seeking a variation to policy standards, the proposal was advertised for a period of 21 days in accordance with clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No.4 (the Scheme). No submissions were received in response.

COMMENT (Includes Options):

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

Scheme Requirements

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

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

Subsequent to the introduction of the Scheme, the “signs Hoarding and Bill Posting Bylaws” was revoked in 2010, with the additional requirements for signage now prescribed by Local Planning Policy 6.1.4.

Local Planning Policy

In accordance with clause 2.2 of the Scheme the local government may prepare Local Planning Policies that will be used to assist local government in making decisions under the Scheme. Consistent with the Scheme, Council has adopted Local Planning Policy No 6.1.4 – Advertisements to provide further guidance on the assessment of applications seeking to erect signage.

The Policy specifies that generally, window decals that cover up to 20% of the glazed area of a tenancy façade are exempt from requiring a development approval. As the proposed window decals cover more than 20%, prior development approval was required.

The proposed variation to the policy was referred to adjoining affected landowners for comment and no submissions were received. Shire officers are supportive of the variation as the window coverage maintains the permeability and passive surveillance of the street and tenancy. The variation is also considered to be minor.

Conclusion

Given no submissions were received, the variation for increase to the coverage to the grazed area of the façade is supported subject to the remainder of the glazing being left visually free from signage or decals.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

Refer to comment section above.

Organisational risk management:

Nil.

Financial Implications:

The required application fee has been paid in accordance with the Schedule of Fees and Charges in accordance with the adopted 2019/20 annual budget.

Sustainability:

Environmental: Nil.

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

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No.4 grant planning approval to the proposed signage on Lot 21 & 22 (No 42-46) Rose Street, Manjimup (Application TP 2019/165) in accordance with the plans and specifications shown at Attachment: 9.5.6(1) 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.	Signage elevation Rose Street	20 November 2019
2.	Signage elevation Brockman Street	20 November 2019
Form	Additional information for signage.	20 November 2019

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

c) All glazed areas not subject to this approval shall remain in a visually permeable state to the satisfaction of the Chief Executive Officer.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28086

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.	Signage elevation Rose Street	20 November 2019
2.	Signage elevation Brockman Street	20 November 2019
Form	Additional information for signage.	20 November 2019

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

c) All glazed areas not subject to this approval shall remain in a visually permeable state to the satisfaction of the Chief Executive Officer.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.9 Proposed Dam with Reduced Setback at Lot 2084 (87) Dingup Road, Dingup

PROPONENT	Mr Brent L Nicol
OWNER	Mr B L Nicol
LOCATION / ADDRESS:	Lot 2084 (87) Dingup Road, Dingup
WARD:	East
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/172 P55612
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	6 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for approval to a stock dam with a reduced setback at Lot 2084 (87) Dingup Road, Dingup, being a 52.95ha property that is located on the northern side of Dingup Road. The property consists of a dwelling, associated sheds, some remnant vegetation, pasture and several small stock dams. A location plan is shown below.

LOCATION PLAN

The dam is proposed to be located across a tributary of the Wilgarup River, which is a component of the Warren River Catchment. Water from the dam is to be used for stock water supply and to supply the house with water for reticulation.

Details submitted with the application indicated that the dam wall will be and “L” shape dam wall being a total of 125 metres in length (100 metres long with a return of 25 metres), the top of the dam wall being 2 metres wide and 5 metres high.

The applicant has stated that the dam will be to a depth of 8 metres, which would result in an internal wall height of 8 metres. The return wall is proposed to be setback from the road boundary by 4 metres. The water surface area is proposed to be 100 metres by 150 metres (1.5ha) and the applicant estimates that this will hold between 40-50,000kl. Site plans and specifications are attached.

ATTACHMENT: 9.5.9(1)

Council is requested to determine the application given that the proposed dam requires a relaxation of the road setback, which would normally be required in other rural type zones.

PUBLIC Consultation Undertaken:

The application was referred to the adjoining and adjacent landowners, Department of Water and Environmental Regulation (DWER) and Department of Biodiversity Conservation and Attractions (DBCA) for comment in accordance with Clause 9.6 of the Scheme.

DWER objected to the proposal due to insufficient information on the location of the dam and its potential impact on remnant vegetation. It is noted that the vegetation which is in proximity of the proposed dam is less than 300m². DWER also advised on potential licence and permit requirements to take water and interfere with bed and banks.

Two objections were received from adjoining landowners. The objections from the neighbours relate to the impact that the dam may have on the environmental and downstream water quality. No comments were received in relation to the reduced road setback of the development.

Copies of the submissions are attached.

ATTACHMENT: 9.5.9(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No. 4 (the Scheme) include the subject land within the Rural-Residential Zone. The property was rezoned during Amendment 133 to Town Planning Scheme No. 2 (TPS2), which introduced a structure plan and special provisions to guide subdivision and development of the land.

Land Use Permissibility

Whilst a dam constitutes a development, the Scheme provisions do not recognise a dam as a separate use class, with dams usually being associated with another activity (e.g. agriculture). In this case, the dam will be associated with existing agriculture land uses, which operate under a non-conforming use right.

Setbacks

Clause 5.36.2.3 of the Scheme prescribes the following setbacks for development within the Rural-Residential Zone:

Boundary Description		Required setback
a)	Setback from a road boundary	20 metres
b)	From other boundaries	10 metres
c)	From a boundary with State Forest, National Park, Nature Reserve, Reserve for Conservation or local government managed land	100 metres

Approval to the application therefore requires a relaxation of the road setback from the required 20 metres to a reduced setback of 4 metres.

The adjoining landowners were requested to comment on the setback relaxation and there were no objections received that related to the reduced setbacks.

Rural Residential Additional Requirements - Special Provisions

As mentioned above the property is zoned Rural Residential, being Area 26 within Schedule Two of the Scheme. The Special Provision as it relates to the proposed dam is:

‘the local government shall have specific regard to how the proposed use and development may impact upon the water quality attributes of the existing waterway shown on the structure plan. It may impose conditions upon such development to ensure that there is no adverse impact on the existing waterway including conditions:

· Restricting the area and/or location of the use;

· Requiring specific management measures to be implemented; and

· Requiring the revegetation of appropriate areas to improve the water quality attributes and ecology of the existing waterway.’

The provisions above relate to any future subdivision and the resultant built form’s impact on the environmental attributes of the existing waterway. These aspects require specialised assessment by DWER. The proposed dam, as a type of development, was unlikely to have been considered during the amendment process as a potential impact, however has been referred to DWER and will be assessed as part of any licence or permit application.

It is however recommended that the applicant refer to the Water Quality Protection note produced by DWER.

Policy Assessment

Assessment of the application against the requirements of Local Planning Policy 6.1.11 - Rural Land Use (LPP 6.1.11) has identified that the application meets the requirements of LPS4 6.1.11, with the exception of the setback to the Dingup Road boundary.

It is considered that the dam:

· has an agricultural/horticultural purpose;

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

· the applicant is proposing to construct a spillway to ensure the flow of water downstream is not prohibited or restricted; and

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

It is however noted that two smaller (1.5ha and 1.9ha) properties are located immediately west of the subject land. Examination of aerial photography and topographic information held electronically by the Shire indicate that the dwelling on the smaller of the two properties (Lot 51) has been established in relatively close proximity to the associated waterway.

Given the location of the dwelling and proposed dam wall height and capacity, it is recommended to the applicant that professional advice be sought on the dam design and spillway systems.

Draft Local Planning Policy 6.1.20 - Dams

As elected members would be aware at its 14 November 2019 meeting, Council adopted a new draft Local Planning Policy relating to Dams for the purposes of advertising. Item 9.5.5 within this agenda relates to finalisation of the Draft Policy.

The proposal has been assessed against the criteria of the Draft Policy. The proposed Dam would be considered a low risk dam, where it would only be recommended that professional advice be sought on the dam and overflow/by-pass infrastructure.

Impact on Potential for Future Subdivision

In accordance with the provisions of Schedule Two, subdivision of the land into 39 lots generally ranging from 1ha to 2ha in area is permitted in accordance with an approved subdivision guide plan.

The proposed dam construction will impact on the ability to subdivide the land in accordance with the approved Structure Plan relating to the property, with the dam straddling three of the future lots and portion of a future road reserve. A revised structure plan will be required prior to any future Rural-Residential subdivision.

The above said, it should be noted that Amendment 133 to TPS No 2 was completed by a previous landowner. The current landowners/applicant have indicated that they wish to continue use of the property as a rural property and have no intention to subdivide the land and only wish to run cattle. They would support the land being rezoned to General Agriculture.

Potential Zoning

Given the landowners advice, it is recommended that the land be removed from the Rural-Residential Zone under draft Local Planning Scheme No 5.

Although the landowners desire to be included within the General Agriculture Zone is noted, the Western Australian Planning Commission will assess any proposed change to the current zoning against the recommendations of the Warren-Blackwood Rural Strategy – August 2004 (the Strategy). Having regard to the Strategy it is recommended that the land should be included within the Priority Agriculture Zone under the new scheme to facilitate its ongoing use for rural purposes.

Conclusion

Given the reduced setbacks of the proposed dam did not raise any objections from the adjoining neighbours and that the environmental concerns raised can be further assessed during a separate application under a State Government legislation, Shire officers consider that the dam will not detrimentally impact on the amenity of the surrounding area. Conditional approval is therefore recommended.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

The development application fee has been paid in accordance with the Schedule of Fees and Charges adopted as part of the 2019/2020 annual budget.

Sustainability:

Environmental: The development footprint of the dam is cleared of vegetation. Potential environmental impacts are therefore restricted to the maintenance of environmental water flows within the water course. Any environmental impact of the proposed dam will be reviewed during applications to DWER for land clearing and the licences or permits to construct the dam on a watercourse.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Clause 5.5 of the Shire of Manjimup Local Planning Scheme No.4 grant planning approval for the Dam with a 4 metre setback to Dingup Road at Lot 2084 (87) Dingup Road, Dingup (Application TP 172/2019) in accordance with the plans and specifications attached at attachment 9.5.9(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
1.	Site Plan	27 November 2019
Form	Information for Dam Construction	27 November 2019
2.	Dam Wall Profile	27 November 2019

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

c) Any proposed associated pumps and ancillary structures (excluding pipes) are to be located within the approved dam setbacks.

Advice to Applicant:

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

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

iii) It should be noted that prior to undertaking any clearing in association with the dam hereby approved, the applicant is required to obtain the necessary clearing permit from the Department of Water and Environmental Regulation, who have advised that approval is required in accordance with the Environmental Protection (Clearing of Native Vegetation) Regulations 2004; and

iv) To mitigate against the risk of sediment and erosion to adjacent properties and water quality of the dam, the applicant should refer to the Department of Water and Environmental Regulation’s Water Quality Protection Note No. 53 ‘Dam construction and Operation in Rural Areas’ (September 2019) where appropriate and practical.

2. Having regard to the recommendations of the Warren Blackwood Rural Strategy (August 2004) and the landowners intention to continue use of the land for rural purposes in the foreseeable future, the Chief Executive Officer be requested to include the land within the Priority Agriculture Zone under Draft Local Planning Scheme No. 5 and the landowners be advised accordingly.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28087

That Council:

Reference	Document Title	Date Received
1.	Site Plan	27 November 2019
Form	Information for Dam Construction	27 November 2019
2.	Dam Wall Profile	27 November 2019

c) Any proposed associated pumps and ancillary structures (excluding pipes) are to be located within the approved dam setbacks.

Advice to Applicant:

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

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.11 Delegated Planning Decisions - November 2019 & December 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:	8 January 2020
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 November and December 2019 is attached.

ATTACHMENT: 9.5.11(1)

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

During November 2019, two (2) development applications were determined under delegated authority. Table 1.1 shows the number and value of development applications determined under both delegated authority and by Council for November 2019 compared to November 2018:

Table 1.1: Planning Decisions made November 2018 and 2019

	November 2018	November 2019
Delegated Decisions	16 ($870,203)	2 ($500,000)
Council Decisions	6 ($98,000)	5 ($69,800)
Total	22 ($968,203)	7 ($569,800)

During December 2019, twelve (12) development applications were determined under delegated authority. Table 1.2 shows the number and value of development applications determined under both delegated authority and by Council for December 2019 compared to December 2018:

Table 1.2: Planning Decisions made December 2018 and 2019

	December 2018	December 2019
Delegated Decisions	12 ($2,171,680)	12 ($529,886)
Council Decisions	2 ($8,800)	3 ($207,473)
Total	14 ($2,180,480)	15 ($737,359)

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	70 ($6,328,450)	48 ($3,766,235)
Council Decisions	28 ($8,473,800)	23 ($1,080,073)
Total	98 ($14,802,250)	71 ($4,846,308)

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 November 2019 and December 2019 as per Attachment: 9.5.11(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28088

That Council receives the report on Delegated Development Approvals for November 2019 and December 2019 as per Attachment: 9.5.11(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.12 Request for Modification of Condition of Approval - Lot 1 (27685) South Western Highway, Balbarrup

PROPONENT	P Tagliaferri
OWNER	Statewide Resources
LOCATION / ADDRESS:	Lot 1 (27685) South Western Highway, Balbarrup
WARD:	North Ward
ZONE:	Tourist Enterprise
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	D17/162 & P56861
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	13 January 2020
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a 2.0209ha lot located on the eastern side of the South Western Highway, immediately north of the Case Street road reserve in the locality of Balbarrup. At its Ordinary Meeting held on 5 October 2017, Council granted conditional approval to the establishment of four short term accommodation units to the rear of the existing Manjimup Gateway Hotel (Resolution 27180).

A copy of the plans as approved by Council at the 24 October 2017 meeting are appended.

APPENDIX: 9.5.12(A)

A location plan is shown below.

Condition No 7 of the approval required the construction of carparking spaces, access ways and vehicle manoeuvring areas prior to the occupation of the development. The condition also specifies that once constructed these areas to be permanently maintained by the landowner to the satisfaction of the Shire.

With construction of the four accommodation units now completed, the owner is seeking to commence the use, prior to sealing of the remaining parking bays and access ways associated with the three two bedroom units and the associated access ways and vehicle manoeuvring areas. As a result they have requested that the condition be modified to permit this.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of the Shires Local Planning Scheme No 4 (the Scheme) include the land within the Tourist Enterprise Zone. To assist elected members in determining the application, the following comments are offered:

Access Arrangements

The approved plans (shown at Appendix: 9.5.12(A)) detail that the four short term accommodation units will be serviced by a single driveway that will connect to the existing Gateway Hotel carpark. Access to the development was to be provided using the existing crossovers to the South Western Highway.

Car Parking Standards

As prescribed by 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….”.

In accordance with clause 5.18.1 parking, loading and unloading bays together with the accessways, complete with drainage and line marking shall be provided “prior to any occupation of the development or at such time as may be agreed in writing between the local government and the developer”. Clause 5.18.1 therefore provides Council the ability to agree to the sealing of the carparking and associated accessways occurring after occupation of the development commences.

Status of Accommodation Construction

The applicant has completed construction of the four units and has obtained an occupancy certificate as required by the provisions of the Building Act 2011.

Notwithstanding this, the wording of Condition No 7 reflects the need to seal and mark the parking and associated access ways prior to commencement of the use. Currently only that portion of the internal access way abutting the three bedroom dwelling has been “sealed” through the installation of a concrete vehicle reversing area.

Variation of Development/Unit Design

Plans submitted with the application for a building permit outlined a revised design in terms of both the three two bedroom units and their associated carparking and accessways. As the proposal was generally consistent with the approved plans (i.e. number of units etc.), the permit was issued.

A copy of the revised site plan, approved under the Building Permit process is shown attached.

ATTACHMENT: 9.5.12(1)

An inspection of the site has confirmed that the design as constructed further varies the plans from the building permit. The following is a summary of the changes:

a) An 8 metre concrete access way and reversing area has been established abutting the double garage associated with the three bedroom unit;

b) Parking was to be provided in the form of two bays for each of the two bedroom units. This parking was to be provided between each of the sets of units. The design however has been changed with clothes lines and air conditioning units being established between each of the two bedroom units, preventing the parking of vehicles as originally proposed;

c) The landscaping strip abutting Case Street has been reduced from 3 metres to 1 metre in width; and

d) The landowner has mulched the adjacent verge on Case Street.

As it is no longer possible to provide parking bays as originally proposed, a revised parking design is required to be prepared demonstrating compliance with the Scheme.

Current Parking/Accessway Standard

As detailed above, that portion of the access way adjacent to the three bedroom unit has been constructed of concrete. The balance of the access way and areas that could be used for parking of cars is of gravel construction.

Conclusion

The applicant has advised that he has been in discussion with an appropriately qualified contractor over the installation of a bitumen seal over the currently gravel sections of parking and accessways. Given the fact that the “as constructed” development does not cater for car parking as proposed there is a need for revised plans to be prepared prior to the applicant finalising quotes and completing the construction.

In order to allow sufficient time for this to occur, whilst still permitting the use of the development to commence, it is recommended that the wording of condition No 7 be modified to require the installation of a seal over the existing driveway by the 30 June 2020.

STATUTORY ENVIRONMENT:

Council may in accordance with clause 5.18.1 of the Scheme, permit the commencement of a development prior to the completion of car parking and access ways. Whilst the applicants request to defer the works is supported, it is recommended that a revised plan detailing the provision of required parking to the satisfaction of the Shire be required prior to commencement of the use.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Approval to the request will permit the applicant to utilise the now constructed short stay accommodation units prior to the installation of a suitable seal over the parking bays and associated accessways.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council advise the applicant that subject to the submission of a revised plan demonstrating the provision of a minimum of one parking bay per two bedroom accommodation unit, it is prepared to amend the wording of condition No 7 relating to the proposed short stay accommodation units on Lot 1 (27685) South Western Highway as stated in Council resolution 27180 to read as follows:

“7. The car parking spaces, access ways and vehicle manoeuvring areas shown on the approved plan shall be laid out and constructed at the time of the development and prior to 30 June 2020 and shall thereafter be permanently maintained by the owner/occupier as vehicle parking and manoeuvring areas to the satisfaction of the Shire of Manjimup.”

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28089

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.7.1 Local Emergency Management Arrangements 2019 - 2024

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170449
LEGISLATION:	Emergency Management Act 2005
AUTHOR:	Todd Ridley
DATE OF REPORT:	10 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Pursuant to Section 41 of the Emergency Management Act 2005 a Local Government is to ensure that arrangements for emergency management in the Local Government district are prepared.

Local Emergency Management Arrangements (LEMAs) are to set out:

· Policies for emergency management;

· Roles and responsibilities of public authorities and other persons involved in emergency management;

· Provisions about the coordination of emergency operations and activities;

· Descriptions of emergencies that are likely to occur in the Local Government district;

· Strategies and priorities for emergency management in the Local Government district;

· Other matters about emergency management in the Local Government district prescribed by regulations; and

· Other matters about emergency management in the district the Local Government considers appropriate.

The current Local Emergency Management Arrangements expired in 2019 and the proposed replacements have been developed through consultation with the Local Emergency Management Committee. A copy of the draft proposed Local Emergency Management Arrangements is shown attached.

ATTACHMENT: 9.7.1(1)

PUBLIC Consultation Undertaken:

Whilst no public consultation was undertaken, the draft Local Emergency Management Arrangements were developed through the Local Emergency Management Committee.

Members of that committee include representatives from the Department of Fire and Emergency Services, Department of Biodiversity, Conservation and Attractions, Western Australian Police, Department of Primary Industries and Regional Development, Warren District Hospital, Department of Communities, Shire of Manjimup Volunteer Bush Fire Brigade network and the Shire of Manjimup.

COMMENT (Includes Options):

Local Emergency Management Arrangements are to be consistent with the State emergency managements policies and State emergency management plans. The draft Local Emergency Management Arrangements 2019 - 2024 were developed using the State Emergency Management Committee template and has been checked by the District Emergency Management Advisor.

At the meeting held on the 17 December 2019 the Local Emergency Management Committee resolved “That Council accept the Local Emergency Management Arrangements 2019 – 2024 subject to the inclusion of the provisions for Storm”. The provisions for storm events have been added to the to the draft arrangements for Council consideration.

The Local Emergency Management Arrangements 2019 - 2024 have partner documents that are listed below:

Document	Officers comments
Local Emergency Management Arrangements 2019 - 2024	Draft attached.
Emergency Resources Directory	Developed as part of the LEMAs, the document is operational and will be updated each October.
At Risk / Isolated Communities Maps	Developed as part of the LEMAs, the document is operational and will be updated each October.
Local Emergency Welfare Plan	Developed by the Department of Communities and tabled at LEMC in 2019.
Recovery Management Arrangements	Being developed, expected to be endorsed by Council in 2020.
Recovery Work Package	Being developed, expected to be endorsed by Council in 2020.
Emergency Evacuation Plan	Being developed, expected to be endorsed by Council in 2020.

Conclusion

The current LEMAs is out of date and a comprehensive review has been completed by relevant Shire Officers in consultation with members of Local Emergency Management Committee. It is recommended that Council endorse the revised LEMAs as requested by the Local Emergency Management Committee.

STATUTORY ENVIRONMENT:

Emergency Management Act 2005

Policy / Strategic Implications:

Adoption of the revised LEMAs is consistent with the following recommendations contained within the Shire of Manjimup Strategic Community Plan 2019 – 2029:

Community Goals

3.5 Our whole community participates in strategies to ensure we are minimising risk in regards to bushfire and other natural emergencies.

Strategies

C14 Plan for emergency and natural disaster response, management, evacuation and recovery.

Organisational risk management:

Local Governments have a legislative responsibility to develop Local Emergency Management Arrangements. The draft arrangements underpins the Shire of Manjimup responsibilities in Prevention, Preparedness, Response and Recovery.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council endorse the Local Emergency Management Arrangements 2019 – 2024 as shown at Attachment: 9.7.1(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28090

That Council endorse the Local Emergency Management Arrangements 2019 – 2024 as shown at Attachment: 9.7.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.12.1 Consideration of Results of Public Consultation - Proposed Closure of Portion of Unconstructed Road Reserve in the Vicinity of De Campo Road/Pemberton Road North, Eastbrook

PROPONENT	Robbie Delroy, Delroy Orchards
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Unnamed Road Reserve, Eastbrook
WARD:	West
ZONE:	N/A
DIRECTORATE:	Works & Services
FILE REFERENCE:	F190290
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Catherine Mills
DATE OF REPORT:	25 September 2019
DECLARATION OF INTEREST:	Nil

Background:

At the Ordinary Council Meeting of 11 April 2019 Council resolved to support the proposed closure of a portion of unconstructed road reserve in the vicinity of De Campo Road/Pemberton Road North, Eastbrook, locally known as Paper Road in response to request of the proponent, being the owner of Lot 9566 as shown on the Location Plan below. A copy of this report is appended.

APPENDIX: 9.12.1(A)

Location Plan

In accordance with Councils resolution, the proposal was publically advertised and letters sent to stakeholders as required by the Land Administration Act 1997 and associated Regulations. Council is now required to consider the feedback received from the public consultation process, prior to making a final resolution to request the Minister to close a portion of the road reserve, or resolve not to close the road reserve. Accordingly, the purpose of this report is for Council to consider the results of the public consultation process.

PUBLIC Consultation Undertaken:

The proposed closure was advertised in the Manjimup Bridgetown Times on 26 June 2019, on the Shire website and letters sent to the following stakeholders:

· Department of Planning Lands and Heritage

· Department of Biodiversity Conservation and Attractions

· Telstra Plan Services

· Western Power

· Water Corporation

· Department of Mines Industry Regulation and Safety

· Department of Water and Environmental Regulation (DWER)

· Splendour West Pty Ltd (Bellarmine Wines)

· Big Brook Farm

· Mr BD De Campo

· Mr PR De Campo

As a result of the consultation process, ten (10) responses were received including two (2) late submissions. A summary of the comments are included in the attachment.

ATTACHMENT: 9.12.1(1)

· Six submissions have been identified as being supportive or raising no objection to any elements of the proposal;

· One submission has asked to be considered for further comment;

· Two submissions has been identified as a request to alter the road closure area (one post-closing date); and

· One submission has been identified as an objection (albeit late).

All full submissions are available for Council to view on request.

COMMENT (Includes Options):

The proponent’s intention to close the road was to create one Lot, from the current lot divided by the road reserve, allowing for construction of dam for irrigation water storage. The application to close the road was received 15 November 2018. During the Council approved road closure consultation process, on 9 July 2019 a request came from the proponent proposing to run an irrigation pipeline through this same section of road reserve using the Shire’s “Private Services in Road Reserve” Policy 9.1.13. The proponent was advised this application is on hold, pending the outcomes of their initial road closure application.

DWER

DWER have not objected to the proposal but have however, given the following information to be considered. Lot 9566 is located in the Eastbrook surface water resource within the Warren River Catchment. Eastbrook surface water resource is over allocated for water licencing and no new related water entitlements will be issued at this time.

The road reserve in question crosses a regulated water course which will require authorisation, under the Rights in Water and Irrigation Act 1914, to interfere with the bed or banks of the water course and an application to take water should works be proposed in this regard, such as intercepting and storing water in a dam. The proponent was sent correspondence from DWER advising the existing dam on Lot 9566 required licencing. DWER have also advised that any applications received from the proponent to construct a dam will likely be refused given the over allocated status of the resource. DWER also noted that under the Rights in Water and Irrigation Act 1914, the unauthorised taking and use of water on this property is an offence, and may attract a penalty of up to $10,000 and a daily penalty of $1,000 for every day the offence continues.

BD De Campo

Though not an objection to the road closure, the submission is a request from De Campo Transport to extend the road closure to include a portion that segregated Lot 11943 De Campo Road, Pemberton. This is not an unusual part of the consultation process and serves to reduce the overall land management burden on Council. However, further public consultation is required for this to occur. There are no land lock issues with this request.

Splendour West Pty Ltd

A submission was received from Bellarmine Wines, trading as Splendour West Pty Ltd, noting an objection to the proposal on the basis that the they were considering future direct access via this road reserve to the main residence, that the closure may pose future issues if Splendour West were to carry out a subdivision proposal in the future and that Splendour West believe that there is no existing management burden on Council from ‘Paper Road’.

Splendour West Pty Ltd made a further late submission, which is included for Council’s consideration. The submission is a proposal to close the portion of road reserve adjoining Lots 9561, 9562, 9563 and Lot 10, all owned by Splendour West Pty Ltd.

Given results of all submission received, it is recommended that Council proceed with readvertising closure of portions of unconstructed road reserve in the vicinity of De Campo Road/Pemberton Road North, Eastbrook, locally known as ‘Paper Road’ as requested by Delroy Orchards Lot 9566 and B.D. De Campo Lot 11943 and with Delroy Orchards Lot 9566 (refer to Location Plan) and Splendour West Pty Ltd Lot 9562 and 9563 in the divided portions as shown overleaf.

STATUTORY ENVIRONMENT:

Land Administration Act 1997 details the process for closing a road. Essentially, Council is required to make a recommendation to the Minister for Lands after considering public comment. The associated Regulations detail the public consultation required.

The Local Government Act 1995 requires public notice for partial or whole road closure.

Policy / Strategic Implications:

Road closures are primarily at the policy level of decision making. Council is asked to weigh the rights and concerns of an individual against the rights of the greater community. Due to the common law perpetual right to use a dedicated road, both statutes dealing with road closures include a process of public consultation ensuring the merits of the competing rights are appropriately considered by the decision maker. The cost of amalgamating the land into the freehold block, along with the purchase value of the land will be met by the landowner.

Organisational risk management:

There is no risk to the risk organisation by following road closure procedures as guided by the Land Administration Act 1997.

Financial Implications:

Nil. The cost of any land transfers will be entirely negotiated by the Department of Planning Lands & Heritage.

As further consultation is required to close other portions of the road, a $990 fee as per Council’s Fees and Charges 2019/20 will be required from each of the other proponents.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Open and transparent communication ensures the Shire is seen to be acting with fairness and equity to all parties.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Advise the applicants that Council is prepared to support the closure of the portion of Unnamed Road Reserve in the vicinity of De Campo Road/Pemberton Road North, Eastbrook, locally known as ‘Paper Road’ subject to no objections received in response to the public consultation period detailed in point 2 below;

2. Approve the public consultation of the proposed portion of road reserve closure and subsequent amalgamation into adjacent Lot 9562, 9566 and 11943, Eastbrook in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

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

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

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

6. Advise those persons who lodged submissions of points 1 – 5above.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28091

That Council:

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

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

6. Advise those persons who lodged submissions of points 1 – 5above.

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.12.2 Proposed Closure of a Portion of Unnamed Road Reserve in the Vicinity of Hill Brook Road and Bighill Brook Road, Northcliffe

PROPONENT	M & K Fox
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Unnamed Road Reserve, Crowea
WARD:	Coastal Ward
ZONE:	Priority Agriculture
DIRECTORATE:	Works & Services
FILE REFERENCE:	F190379
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Catherine Mills
DATE OF REPORT:	16 December 2019
DECLARATION OF INTEREST:	Nil

Background:

Council has received a request to close two portions of unconstructed road reserve in the vicinity of Hill Brook Road and Bighill Brook Road, Crowea. The subject portions adjoin Lot 12147. The image below shows the location plan of the road reserve in relation to the above mentioned roads.

Location Plan

It is the proponent’s intent to amalgamate the closed portions of road reserve with the two parcels of Lot 12147, thus ensuring one lot is achieved. The additional land has been flagged as a fire hazard by the proponent who wishes to manage it accordingly.

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

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The proposed road closure does not pose any land lock issues for adjoining property owners in the area provided it is amalgamated as a whole with Lot 12147. It is therefore recommended Council resolve to approve closure of this portion of unconstructed road reserve and subsequent amalgamation into Lot 12147, Hill Brook Road and Bighill Brook Road, subject to the public consultation period.

If supported, public notice advertising will be required and direct consultation, via posted letters with neighbouring property owners and government service agencies will also be undertaken.

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

STATUTORY ENVIRONMENT:

To enable the closure of a public road, the Land Administration Act 1997 prescribes a public consultation period followed by a resolution of Council after which the proposal is submitted to the Department of Lands, Planning and Heritage.

The Local Government Act 1995 requires public notice for partial or whole road closure.

Policy / Strategic Implications:

Closing unrequired road reserves serves to reduce the overall land management potential burden on Council. The total approximate area to be closed through this proposal is 38,000m².

Organisational risk management:

Nil. Prior to Council initiating a road closure process, there is an obligation to ensure that the proposal will not result in land lock issues nor additional costs being imposed on the Shire. Both issues have been negated.

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Reducing the number unconstructed road reserves within the Shire that provide no strategic importance reduces unnecessary land administration activities by the Shire.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Approve the public consultation of the proposed road reserve closure and amalgamation into Lot 12147 Hill Brook Road and Bighill Brook Road, Crowea in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

2. Support the closure of the portions of road reserve located adjacent Lot 12147, Crowea and, pending public consultation, forward the request to the Minister for Lands for approval;

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

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

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28092

That Council:

2. Support the closure of the portions of road reserve located adjacent Lot 12147, Crowea and, pending public consultation, forward the request to the Minister for Lands for approval;

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

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

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.12.3 Proposed Closure of a Portion of Unnamed Road Reserve in the Vicinity of Stirling Road, Channybearup, Pemberton

PROPONENT	Bendotti Avocado (Joe Bendotti & Co)
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Unnamed Road Reserve, Channybearup
WARD:	West Ward
ZONE:	Priority Agriculture
DIRECTORATE:	Works & Services
FILE REFERENCE:	F190380
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Catherine Mills
DATE OF REPORT:	17 December 2019
DECLARATION OF INTEREST:	Nil

Background:

Council have received a request to close a portion of unconstructed road reserve in the vicinity of Stirling Road, Channybearup. The subject portion is located within and adjacent to Lot 102 (376 Stirling Road) Channybearup. It is the proponent’s intent to amalgamate the closed portion of unconstructed road reserve into Lot 102. The additional land has been flagged for future development of the farm including provision for utility infrastructure. The image below shows the location plan of the unconstructed road reserve in relation to the above mentioned road.

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

Location Plan

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The proposed road closure does not pose any land lock issues for adjoining property owners in the area provided it is amalgamated as a whole with Lot 102. It is therefore recommended that Council resolve to approve closure of this portion of unconstructed road reserve and subsequent amalgamation into Lot 102, Stirling Road, Channybearup, subject to public consultation.

It should also be noted that there are pre-existing dam sites located on this road reserve making the likelihood of building a road very low. Shire records show these dam sites existed prior to 2004. The area is mostly clear of vegetation however some vegetation exists to the north of the reserve. Should the proponent wish to clear the reserve this process would need to be followed through with the Department of Water and Environmental Regulation with costs associated borne by the proponent.

If supported, public notice advertising will be required and direct consultation via posted letters with neighbouring property owners and government service agencies will also be undertaken as per Shire procedure.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 requires public notice for partial or whole road closure.

Policy / Strategic Implications:

Closing unrequired road reserves serves to reduce the overall land management potential burden on Council. The total approximate area to be closed through this proposal is 26,153m².

Organisational risk management:

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Reducing the number unconstructed road reserves within the Shire that provide no strategic importance reduces unnecessary land administration activities by the Shire.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Approve the public consultation of the proposed road reserve closure and amalgamation into Lot 102 (376 Stirling Road) Channybearup, Pemberton in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

2. Support the closure of the portion of road reserve located adjacent Lot 102 (376 Stirling Road) Channybearup, Pemberton and, pending public consultation, forward the request to the Minister for Lands for approval;

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

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

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28093

That Council:

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

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

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.12.4 Consideration of Public Submissions for the Proposed Partial Road Closure of Richardson Road, Northcliffe

PROPONENT	Sam and Anna Ditri
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Richardson Road, Meerup
WARD:	Coastal
ZONE:	Road Reserve
DIRECTORATE:	Works & Services
FILE REFERENCE:	F190180
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Catherine Mills
DATE OF REPORT:	17 December 2019
DECLARATION OF INTEREST:	Nil

Background:

At the Ordinary Council Meeting of 22 Aug 2019, Council resolved to publicly advertise its proposal to approve public consultation, for a period of 35 days, for the proposed closure of a portion of Richardson Road, Road Reserve, Northcliffe. A copy of the Council’s resolution is provided below:

27910

That Council:

1. Advise the applicant that it is prepared to support the closure of a portion of Richardson Road, Road Reserve subject to no objections being received in response to the public consultation period detailed in point 2 below;

2. Approve the public consultation of the proposed Road Reserve closure and amalgamation into Lot 12 Richardson Road, in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

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

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

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

ADOPTED BY EN BLOC RESOLUTION: 8/0

Following the required public consultation, Councillors are now asked to consider the results for the closure of a portion of Richardson Road having regard to the submissions received.

PUBLIC Consultation Undertaken:

The proposed closure of a portion of Richardson Road, Northcliffe was advertised in the Manjimup Bridgetown Times on 11 September 2019. Written correspondence was sent to the following adjoining stakeholders on 6 September 2019:

· SI & DG Donaldson

· RA & CA Vine

· AJ & KA Ireland

· KD & ME White

· C Grantham

· CG Thexton & KL Bendotti

· Thexton Bendotti Property Co Pty Ltd

· Telstra Plan Services

· Department of Mines, Industry Regulation & Safety

· Department of Planning, Lands & Heritage

· Department of Biodiversity, Conservation & Attractions

· Department of Water & Environmental Regulation

· Western Power

· Water Corporation

As a result of the consultation process a total of six (6) submissions were received. A summary of the comments are included in the attachment.

ATTACHMENT: 9.12.4(1)

· Five submissions have been identified as raising no objection to any elements of the proposal;

· One submission has been identified as an objection. The Department Planning, Lands & Heritage (DPLH) objected to the proposal as the public notice did not include portion of Holiwell Road and not make reference to Land Administration Act 1997.

Utility provider Western Power and Department of Mines, Industry Regulation & Safety did not respond. All full submissions are available for Council to view on request.

COMMENT (Includes Options):

The proponent’s intention is to close a portion of road reserve and amalgamate into the adjoining property to facilitate the construction of a new shed. During the consultation process DPLH noted that there was another road reserve implicated within Richardson Road Reserve – Holiwell Road. Details of which were not supplied by the proponent and Shire records were unable to identify that part of Holiwell Road was included in the proposed road closure. The map below indicates the above road boundaries. The image below shows that Holiwell Road splits Richardson Road in two portions.

In order to progress the closure of a portion of Richardson Road, a portion of Holiwell Road will also need to be closed and amalgamated into Lot 12. The approximate area of this portion is 600m². All costs associated with this portion of closure will be borne by the proponent.

The objections from DPLH identifying the issue with portion of Holiwell Road and the oversight by Shire Officers not referencing the Land Administration Act 1997 in the original public notice requires Council to approve re-advertising the road closure proposal.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 requires public notice for partial or whole road closure.

Policy / Strategic Implications:

Organisational risk management:

There is no risk to the risk organisation by following road closure procedures as guided by the Land Administration Act 1997.

Financial Implications:

Nil. The cost of any land transfers will be entirely negotiated by the Department of Planning Lands & Heritage.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Open and transparent communication ensures the Shire is seen to be acting with fairness and equity to all parties.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1) Advise the applicant that it is prepared to support the closure of a portion of Holiwell Road subject to no objections received in response to the public consultation period detailed in point 2 below;

2) Approve the consultation of the portion of Holiwell Road and Richardson Road reserve and subsequent amalgamation into adjacent Lot 12, Meerup in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

3) Subject to no objections being received in response to the advertising referred to in point 2 above, grant delegated authority to the Chief Executive Officer to forward a request to the minister for Lands for approval to close those portions of road reserve in accordance with Section 58 of the Land Administration Act 1997;

4) Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure; and

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

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28094

That Council:

1) Advise the applicant that it is prepared to support the closure of a portion of Holiwell Road subject to no objections received in response to the public consultation period detailed in point 2 below;

4) Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure; and

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

ADOPTED BY EN BLOC RESOLUTION: 11/0

107

ATTACHMENT

9.16.3 Unconfirmed Minutes of the Local Emergency Management Committee held 17 December 2019

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170449
LEGISLATION:	Emergency Management Act 2005, Local Government Act 1995
AUTHOR:	Todd Ridley
DATE OF REPORT:	9 January 2020
DECLARATION OF INTEREST:	Nil

Background:

The Local Emergency Management Committee is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. As stated within the Terms of Reference, the purpose of the committee is, in accordance with Section 39 of the Emergency Management Act 2005 to:

a) To advise and assist the Council in ensuring that Local Emergency Management Arrangements are established;

b) To liaise with public authorities and other persons in the development, review and testing of Local Emergency Management Arrangements; and

c) To carry out other emergency management activities as directed by the State Emergency Management Committee or prescribed by regulations.

The minutes of the latest Local Emergency Management Committee (LEMC) meeting held on the 17 December 2019 are attached.

ATTACHMENT: 9.16.3(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

As reflected within the unconfirmed minutes, the committee was briefed on several matters relating to recent incidents in the South West and recommended that the 2019 – 2024 Local Emergency Management Arrangements be adopted by Council.

The committee resolved to support three recommendations, two requiring a formal decision of Council. The resolutions passed at the meeting are detailed below.

Local Emergency Management Committee Resolutions	Officers Comments
That the confirmed minutes of the General Meeting held Thursday 1 August 2019 be received as a true and correct record.	The LEMC resolution is supported.
That Council accept the Local Emergency Management Arrangements 2019 – 2024 subject to the inclusion of provisions for storm.	The LEMC resolution is supported. A separate item is prepared for Council.
That the Committee endorse the Emergency Resource Directory and At Risk / Isolated Communities Maps.	The LEMC resolution is supported. No formal decision of Council is required. The Documents are an operational attachment of the Local Emergency Management Arrangements.

As reflected above, a separate agenda item has been included within this agenda in respect of the 2019 - 2024 Local Emergency Management Arrangements.

STATUTORY ENVIRONMENT:

Emergency Management Act 2005

Local Government Act 1995

Policy / Strategic Implications:

The operation of the Local Emergency Management Committee is consistent with the Shire of Manjimup Strategic Community Plan 2019 – 2029, with specific reference to following Community Goals and associated Strategies:

Community Goals

3.3 Our whole community participates in strategies to ensure we are minimising risks in regards to Bush Fire and the natural emergencies.

3.5 Residents feel safe, secure and comfortable at home, work and play.

Strategies

C22 Prepare for emergencies and natural disasters.

Organisational risk management:

By participating in the LEMC, Shire Officers are seeking to minimise risks to the Shire, its residents and assets associated with local level emergencies.

Financial Implications:

Nil

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the minutes of the Local Emergency management Committee held Tuesday 17 December 2019 as shown in Attachment: 9.16.3(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28097

That Council receive the minutes of the Local Emergency management Committee held Tuesday 17 December 2019 as shown in Attachment: 9.16.3(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

110

ATTACHMENT

9.1.3 Proposed New Council Policy 1.2.2 Gifts - Attendance at Events and Functions

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160048
LEGISLATION:	Local Government Act 1995, Local Government Legislation Amendment Act 2019, Local Government (Rules of Conduct) Regulations 2007.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	3 December 2019
DECLARATION OF INTEREST:	Nil

Background:

On 20 October 2019, the revised gifts framework contained within the Local Government Legislation Amendment Act 2019 (the Amendment Act) came into operation across Western Australia.

As a result, the revised gift framework has been simplified, with a focus on transparency and accountability. The nature of the relationship between the recipient and the donor of the gift has been reconsidered with a stronger focus on the disclosure requirements on why the individual has received the gift, and the possible influence the receipt of that gift may have on Council business.

With the introduction of the Amendment Act, Local Governments across Western Australia have received notification from the Department of Local Government, Sport and Cultural Industries (DLGSCI) to prepare and adopt an “Attendance at Events” policy that relates to the attendance of Elected Members and Chief Executive Officers’ (CEO) at events such as concerts, conferences and functions as a representative of Council.

In light of the above, a draft Policy has been prepared for Council’s consideration with a view to adoption. A copy of the draft Council Policy 1.2.2 Gifts - Attendance at Events and Functions (the Policy) is attached.

ATTACHMENT: 9.1.3(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

With the introduction of the Amendment Act, a new section (5.90A(2)) has now been included in the Local Government Act 1995 (the Act) to specify that:

“A local government must prepare and adopt* a policy that deals with matters relating to the attendance of council members and the CEO at events, including —

(a) the provision of tickets to events; and

(b) payments in respect of attendance; and

(c) approval of attendance by the local government and criteria for approval; and

(d) any prescribed matter.”

* Absolute majority required.

This section of the Act now clearly outlines that Council is to adopt a policy by Absolute Majority to provide guidance on event attendance. The Policy attached has been prepared in accordance with the legislative change brought about by the Amendment Act and the Local Government (Rules of Conduct) Regulations 2007 (the Regulations). Policy content is discussed below.

Policy Content

The intent of the Policy is to provide Council and the CEO guidance on the appropriate disclosure and management of invitations to events, functions and other occasions where hospitality is offered free of charge, regardless of whether they are acting in accordance of their official duties or not. The Policy does not apply to tangible gifts (i.e. receipt of goods or services), money, travel or accommodation which must be dealt with and recorded through other sections of Division 6 of the Act within the prescribed timeframe.

Exemptions

The Policy also outlines what situations/organisations are specifically excluded where an invitation for attendance at an event is received. However, the event ticket or any gift received in relation to the event must still be recorded in the Shire’s gifts register.

Policy Measures

This section of the Policy identifies the key considerations in identifying whether attendance at an event is a gift for the purposes of the Act, and guidance on the management of perceived or real conflicts of interest. The measures have been segregated to address the following circumstances in which an Elected Member/CEO may receive a gift:

· Community/Local Business Events;

· Commercial Entertainment Events;

· Non-Entertainment Commercial Events; and

· Gifts received through event sponsorship.

These sections have been developed to address the provision of tickets to events, payments in respect of attendance, and approval of attendance at events in accordance with section 5.90A of the Act.

Conclusion

This proposed new Policy has been prepared in light of the changes brought about by the Local Government Legislation Amendment Act 2019, and is now a legislative compliance requirement for local government. It is recommended that Council adopt Council Policy 1.2.2 Gifts - Attendance at Events and Functions as attached at 9.1.3(1) by Absolute Majority.

STATUTORY ENVIRONMENT:

Local Government Act 1995, Local Government Legislation Amendment Act 2019 and Local Government (Rules of Conduct) Regulations 2007.

Policy / Strategic Implications:

The proposed new Policy meets Strategy E9 of the Shire of Manjimup Strategic Community Plan 2019-2023: “Identify and mitigate organisational risks.”

Organisational risk management:

Failure to adopt an “Attendance at Events” policy by Absolute Majority will place Council in breach of the amended Local Government Act 1995.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Adoption of the proposed Policy will contribute towards greater transparency of organisational activities, and improve the accountability of Council and staff to appropriately disclose any benefit received through attending an event.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council adopt Council Policy 1.2.2 Gifts - Attendance at Events and Functions as attached at 9.1.3(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28098

That Council adopt Council Policy 1.2.2 Gifts - Attendance at Events and Functions as attached at 9.1.3(1).

CARRIED: 11/0

113

Councillor Dawson Vidovich declared a Financial Interest in this item as she has recently registered a business that is intended to operate from home in the future. Councillor Dawson Vidovich did not speak or vote on the matter and left the Chamber at 5.56pm.

ATTACHMENT

APPENDIX

9.5.4 Proposed Revision of Local Planning Policy 6.1.6 - Home Based Business

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	8 January 2020
DECLARATION OF INTEREST:	Nil

Background:

In 2016, the planning policy manual was reviewed and revised policies adopted (Resolution 26877). The review and revision of Local Planning Policy 6.1.6 Home Based Business (the Policy) consisted of an update to remove definitions and other matters addressed by Local Planning Scheme No. 4 (the Scheme). No changes to the specifications and requirements occurred at that review.

A copy of the current Policy as adopted by Council is appended.

APPENDIX: 9.5.4(A)

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

Council is requested to consider approving draft revised Local Planning Policy 6.1.6 – Home Based Business (draft Policy) for the purpose of public comment. A copy of the draft amended Policy is shown attached.

ATTACHMENT: 9.5.4(1)

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

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

A detailed review of Local Planning Policy 6.1.6 has identified the following issues that officers have addressed within the draft amended policy provisions:

Home Office Exemptions

Within the Scheme, the operation of a “Home Office” does not require the approval of the Shire and is therefore not a requirement within the Policy. Any reference to Home Office has been removed from the draft Policy.

Clarifications

Reference has also been made to Garage Sales in the draft policy and the requirement for frequent sales needing approval. This was not previously considered under the current Policy.

Requirements for advertising of applications has been revised to be consistent with Scheme provisions i.e. where Home Occupation is a permitted land use in a zone, advertising will no longer be a requirement.

Removal of reference to Director of Technical Services and Environmental Services and incorrect references to Scheme clauses.

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

STATUTORY ENVIRONMENT:

Planning and Development Act 2005;

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

Policy / Strategic Implications:

Revision of the Policy is required to ensure it is consistent with the requirements of the Shire’s Local Planning Scheme and the requirements of the Deemed to Apply provisions applied through the Planning and Development Act 2005.

The adoption of a clear easy to navigate Local Planning Policy is consistent with objective B10 of the Shire of Manjimup – Strategic Community Plan 2019-2029, which reads as follows:

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: As stated within the Policy/Strategic Implications section above.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of Local Planning Scheme No. 4, advertise the draft Local Planning Policy 6.1.6 – Home Based Business, as contained in Attachment 9.5.4(1), for public comment for a period of not less than 21 days, by way of a notice in a newspaper circulating in the Scheme area and the Shire of Manjimup website; and

2. Await a further report on draft Local Planning Policy No. 6.1.6 – Home Based Business following close of advertising.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Darin, J

28099

That Council:

2. Await a further report on draft Local Planning Policy No. 6.1.6 – Home Based Business following close of advertising.

CARRIED: 10/0

116

Councillor Dawson Vidovich returned to the Chamber at 5.57pm.

ATTACHMENT

APPENDIX

9.5.7 Proposed Outbuilding at Lot 17 (41) Manjin Drive, Balbarrup

PROPONENT	Mr R J & Mrs E J Bachos
OWNER	Mr R J & Mrs E J Bachos
LOCATION / ADDRESS:	Lot 17 (41) Manjin Drive, Balbarrup
WARD:	North
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/176 P54311
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	2 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for an Outbuilding at Lot 17 (41) Manjin Drive, Balbarrup. The Outbuilding if approved would exceed the permitted collective aggregate area for outbuildings. A location plan is shown below.

Location Plan

An application has been received for an 18 metre by 12 metre (216m²) outbuilding, which is proposed to be setback 3 metres from the southern boundary and 3.7 metres from the eastern boundary. The proposed outbuilding will have a wall height of 4.3 metres and ridge height of 5.1 metres. Details of the proposal are attached.

ATTACHMENT: 9.5.7(1)

The subject property is a 1.53ha battle-axe lot located at the eastern end of Manjin Drive and currently has a dwelling and a substantial outbuilding. In 2017 the applicants sought approval to extend the then 12 metre by 18 metre (216m²) existing outbuilding to achieve a total 352.6m². Plans submitted with the application detailed a proposal to extend the shed by extending:

a) the northern side of the shed by 5.2 metres; and

b) the eastern side of the Shed by 3.2 metres, resulting in a reduced side setback of 0.5 metres.

Council at its 7 December 2017 meeting resolved (Resolution 27283) to approve the application subject to the submitted plan subject to submission of a modified plan to ensure the current setbacks were maintained. An excerpt of the relevant minutes relating to the decision is appended.

APPENDIX: 9.5.7(A)

The applicant subsequently elected not to modify the plans to maintain the current setback and obtained a building permit for the 5.2 metre by 12 metre extension only. An inspection of the site has confirmed that this extension has been completed resulting in the existing outbuilding having an area of 278m².

Council is now requested to determine the current application that would bring the total area of outbuilding on the property to 494m². Approval to the application would require a relaxation of development standards relating to the maximum size of outbuilding and the approved building envelope/setbacks.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) for a 21 day period to the adjoining landowners with submissions closing 16 December 2019. Two comments were received during this time, one in support and one objecting to the proposal.

The details of the objection have been suppressed will be circulated separately to elected members. Other comments are shown in the attachments.

ATTACHMENT: 9.5.7(2)

COMMENT (Includes Options):

The provisions of the Scheme include the subject land within the Rural Residential zone – Area No 18. As the existing outbuilding exceeds the maximum permitted floor area for outbuildings in a Rural-Residential Zone, approval for any further outbuildings may only be granted through a relaxation of the Scheme provisions in accordance with clause 5.5 of the Scheme. To guide Council in its determination of the application the following comments are offered:

Relaxation of Standards

In accordance with clause 5.5.1 of the Scheme, where a development does not comply with a standard or requirement prescribed by the Scheme, the local government may approve the application, despite this non-compliance. As stated in clause 5.5.3 of the Scheme, “the power conferred by this clause may only be granted is the local government is satisfied that:

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

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

Matters to be Considered

In determining an application for planning consent the local government is required to have regard to various matters as outlined within clause 10.2 of the Scheme. These matters include, but are not limited to:-

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

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

(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;

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

(xxvi) any relevant submissions received on the application.

An assessment against the above criteria is provided within the balance of this agenda item.

Zone Purpose

The purpose of the Rural Residential Zone is to “provide for low density residential development in a rural setting consistent and compatible with adjacent landuse activity, landscape and the environmental attributes of the land”.

Scheme Provisions

The proposal as submitted is inconsistent with several clauses of the Rural Residential provisions of the Scheme as outlined below. Given this, the proposal as submitted may only be approved if Council is prepared to vary the Scheme requirements in accordance with Clause 5.5 of the Scheme, Variations to Site and Development Standards and Requirements.

Maximum Area of Outbuilding

Clause 5.36.3.9 of the Scheme states that the maximum total gross floor area of outbuildings on land within the Rural-Residential Zone is 200m².

By granting conditional approval to the previously proposed outbuilding extension, Council permitted the landowner to establish an additional 152.6m², being a total of 352.6m² of outbuilding. As stated within the Background section of this agenda item, only 278m² was ultimately established.

If approved, the current application would result in a total of 494m² of outbuilding, being 294m² or nearly 150% over the limit identified within the Scheme.

Setbacks

Clause 5.36.2.3 (iv) of the Scheme prescribes that development within the Rural Residential Zone is usually required to be setback 10 metres from a side boundary. As detailed in the background section above, the applicants are proposing the new outbuilding be setback 3 metres from the southern boundary and 3.7 metres from the eastern boundary.

The proposed setback of 3.7 metres from the eastern boundary is consistent with the setback of the existing outbuilding to that boundary and the adjacent landowner to the east has raised no objection to the new outbuilding having the same setback. It should however be noted that the existing outbuilding was approved prior to the introduction of the current Scheme setback standards.

The adjacent landowner to the south has objected to the proposed outbuilding and the 3m setback, stating that the shed would be visually obtrusive and would impact on the amenity of their property and outlook.

It is noted that there is sufficient room within the property for an additional outbuilding to be established in compliance with the required setbacks (i.e north of the dwelling). The landowners have confirmed that they do not wish to construct the outbuilding to the north of the dwelling as it would impact on the amenity of their home and outlook.

Amenity Impact

The area in which the proposed outbuilding is currently located current contains vegetation that effectively screens the subject land from being viewed from the landholding to the south. As expressed within their submission, the adjacent landowner holds the view that removal of the vegetation and location of the substantial shed as proposed will impact on the amenity of their property.

Local Planning Policy 6.1.3

Local Planning Policy 6.1.3 prescribes Deemed to Comply provisions for outbuildings within the Residential, Rural Residential and Town Centre Zones.

In this case, with a proposed collective floor area of 494m², the outbuildings exceeds the maximum size that is specified within the Deemed to Apply provisions for the Rural Residential zone, being 200m².

With a ridge height of 5.1 metres, and wall height of 4.3 metres the proposed outbuild also exceeds the maximum height prescribed in the Policy. The application must therefore be judged on its merits, having regard to the objectives and principles of the policy and zone under the Scheme. Given an objection has been received on valid planning grounds, the application may only be determined by Council.

The proposal was also assessed against a new draft policy, which was advertised for public comment in June 2019 and is presented to Council for consideration of final adoption within Item No 9.5.1 of this agenda. The draft policy provides some additional flexibility for outbuildings in Rural Residential zoned areas. The maximum permitted floor area increases to 300m² with a 15% variation permitted on all development standards, following no objections from affected adjoining landowners.

The proposed outbuilding does not meet the provisions of the draft policy due to the collective floor area and has a wall height of more than 15% greater than prescribed.

The proposed variations to the height and size were referred to neighbouring landowners with an objection being received based on the potential negative impact on the amenity of the location.

Land clearing

As way of background, an archival search of the history of the property found that as part of Amendment 61 to Town Planning Scheme 2 (TPS2) revegetation occurred during subdivision. During a review of the aerial photography of the site, it was evident that land clearing had occurred to the rear of the property.

Although land clearing has occurred on the subject property without consultation with the Shire of Manjimup’s officers, it cannot be adequately established as to when the original revegetation required as part of the Amendment 61 to TPS2 was undertaken and if the plants removed were locally native to the area. As such, the matter has been referred to the Department of Water and Environmental Regulation for investigation.

Conclusion

Given the proposal seeks to exceed the requirements for size and height requirements for outbuildings in the Rural Residential zone and that a valid objection has been received from an affected landowner on the proposed reduced setbacks, the application is recommended for refusal.

It is recommended that the proponents be encouraged to submit a new application that is consistent with Council’s previous decision to approve 352.6m². This floor area would be consistent with the size requirements of the draft policy, being a collective floor area of 345m² for outbuildings and wall height no greater than 4.14 metres in Rural Residential zoned land.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Non-compliance with Local Planning Policy LPS4 6.1.3 Domestic Outbuildings as discussed above.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Approval to the application would result in the removal of existing vegetation.

Economic: Nil

Social: Approval to the application is likely to result in an impact on the amenity of the adjacent landholding to the south given the size and height of the proposed outbuilding and through the removal of existing vegetation.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of the Shire of Manjimup’s Local Planning Scheme No. 4 refuses the application for an Outbuilding at Lot 17 (41) Manjin Drive, Balbarrup for the following reasons:

i. The outbuilding as proposed exceeds the maximum permitted floor area as prescribed by clause 5.36.3.9 of Local Planning Scheme No. 4 and the associated Local Planning Policy;

ii. Approval to the application as submitted would result in the creation of an undesirable precent in respect of the maximum floor area of outbuildings permitted on Rural-Residential Zoned land;

iii. Approval to the 3 metre setback to the southern boundary would result in the creation of an undesirable precedent for development setbacks within the Rural-Residential Zone;

iv. A relaxation of the required setback to 3 metres is in the opinion of the Shire not justifiable given that there is sufficient available land area within the property to construct an additional outbuilding complying with normal setback requirements;

v. The outbuilding as proposed is of a height, bulk and scale which exceeds the deemed-to-comply standards of Local Planning Policy 6.1.3 Domestic Outbuildings and draft Local Planning Policy 6.1.3 Outbuildings; and

vi. The proposed reduced setbacks from those prescribed in clause 5.36.2.3(iv) and special provisions for Rural Residential Area No. 18 of Local Planning Scheme No. 4 will negatively impact on the amenity of an adjoining property.

2. Encourage the landowner to submit a new application for an outbuilding of not more than 78m² which will result in a maximum total floor area of 352m² of outbuilding on the property, being consistent with the Council determination of the previous application at its 7 December 2017 meeting.

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Jenkins, D

28100

That Council:

1. In accordance with Part 10 of the Shire of Manjimup’s Local Planning Scheme No. 4 refuses the application for an Outbuilding at Lot 17 (41) Manjin Drive, Balbarrup for the following reasons:

i. The outbuilding as proposed exceeds the maximum permitted floor area as prescribed by clause 5.36.3.9 of Local Planning Scheme No. 4 and the associated Local Planning Policy;

ii. Approval to the application as submitted would result in the creation of an undesirable precent in respect of the maximum floor area of outbuildings permitted on Rural-Residential Zoned land;

iii. Approval to the 3 metre setback to the southern boundary would result in the creation of an undesirable precedent for development setbacks within the Rural-Residential Zone;

MOTION carried 6/5

FOR	AGAINST
Cr J Darin	Cr P Omodei
Cr S Dawson Vidovich	Cr K Skoss
Cr W Eiby	Cr D Tapley
Cr D Jenkins	Cr R Taylor
Cr K Lawrence	Cr C Winfield
Cr M Ventris

124

ATTACHMENT

APPENDIX

9.5.8 Proposed Extractive Industry at Lot 9 (807) Middlesex Road, Middlesex

PROPONENT	G Starkie
OWNER	G & J Starkie
LOCATION / ADDRESS:	Lot 9 (807) Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/137 P53976
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	2 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council, at its meeting 24 March 2011 resolved (Resolution 24869) to conditionally approve an Industry – Extractive at Lot 9 (807) Middlesex Road, Middlesex for the purposes of quartzite sand extraction. The subject site is 36.36 hectares in zone and is located on the eastern side of Middlesex Road just north of Franklin Road. Two farm sheds and general farming activities are undertaken on the property. A location plan is shown below and an excerpt of the minutes is appended.

APPENDIX: 9.5.8(A)

LOCATION PLAN

Council is now requested to consider a proposal to increase the approved depth of the extraction area from 2.3 metres to 4.5 metres, being an additional 4.4 cubic hectares.

The applicant has resubmitted the previously approved site plan, which showed the proposed extraction pit at 290 metres long, 80 metres wide with setbacks of 54 metres from Middlesex Road, 30 metres north of the unmade road to the south and approximately 600 metres to the northern boundary. Access to the pit is proposed from Middlesex Road.

A copy of the submitted application and management plan is 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 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 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 and the Department of Water and Environmental Regulation (DWER). Submissions closed on 4 December 2019.

At the close of submissions the only submissions received was from DWER. Whilst the content of this submission is discussed in the comment section below, a full copy of the submission is attached.

ATTACHMENT: 9.5.8(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Priority Agriculture Zone. An Industry – Extractive is an “A” use within the zone, being a use that is not permitted unless the local government has exercised its discretion by granting approval after adverting the proposal in accordance with the Scheme.

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

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

(xv) the preservation of the amenity of the locality;

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

(xvii) the amount of traffic likely to be generated by the proposal, particularly in relation to capacity of the road system in the locality and the probable effect of traffic flow and safety; 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:

Land Use Classification

The proposed land use is classified as “Industry – Extractive”, which is defined by the Scheme as ‘an industry which involves the extraction, quarrying, or removal or sand, gravel, clay, hard rock, stone or similar material from the land and includes the treatment and storage of those materials on, or adjacent to, the land which with the material are extracted, but does not include industry – mining’.

Land Use Permissibility

An Industry-Extractive is an ‘A’ land use within the Scheme, 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”.

Consistency with zoning

The provisions of the Scheme includes the subject land within the Priority Agriculture Zone. The purpose 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 expansion of the approved land use does not further impact on the agricultural activities already occurring on the property.

Previous approval

As discussed in the background section, the applicant received a conditional approval in March 2011. As part of that approval limitations were imposed on the excavation area, the working area of the pit was to not exceed 1 hectare at any time and rehabilitation was required to be undertaken. It is evident to Shire officers from aerial photography and site inspections that the applicant has not complied with the conditions of approval.

On review of current aerial imaging, it appears that the applicant has also undertaken works outside of the approval area. A site inspection has been undertaken which confirmed that extraction has occurred outside of the approved boundary to an approximate area of 3.5 hectares total and a maximum depth of approximately 5 metres. An aerial photograph from 2017 is shown below.

Notwithstanding determination relating to the current application, rehabilitation of the areas that have been cleared outside of the approved extraction footprint must be addressed. To this end, it is recommended that the applicant be required be rehabilitated these areas with native vegetation as proposed by the applicant in their original application, except for those areas required to access any approved extraction area. It is considered that given the excavation of these areas was never approved, rehabilitation of the land should be undertaken as soon as possible.

The previous approval also imposed condition whereby no excavation slope, with the exception of the working face is to exceed the ratio of 1 vertical metre to 3 horizontal metres. It would appear from a site inspection, that this condition may not have been complied with, potentially resulting in instability to Middlesex Road and the unnamed road reserve to the south. As a matter of priority and risk mitigation, stabilisation of all slopes to a 1 metre in 3 metre ratio should occur.

Should Council approve the application as submitted, any rehabilitation of the approved extraction area should be postponed at this time. It is recommended that any further excavation is managed so as to facilitate progressive rehabilitation of the area. For this reason, it is recommended that the active area of the extractive industry be limited to 1 hectare at any one time.

Local Planning Policy 6.1.9 Extractive Industries (the Policy)

The applicant has resubmitted a report prepared as part of the 2011 approved application with some supplementary information provided in an email. Given that the application relates to a previously approved use, Shire Officers accepted the level of detail provided in order to progress the application.

It should however be noted that the level of detail required to be submitted in accordance with the Policy which address the drainage management and site rehabilitation has not been received.

As this information has also been requested by DWER, who has stated that there is inadequate information to determine whether the land use is a “prescribed act” under Part V of the Environmental Protection Act 1986, it is recommended that consideration of the application be deferred pending additional information.

Non-Compliance with Past Conditions of Approval

As reflected within this agenda item, the landowner has breached the previous approval by extending the extraction footprint outside of the approved footprint and into the setback areas. They have also breached requirements for rehabilitation.

Examination of aerial photography held by the Shire indicates that the works within the setback areas occurred sometime between December 2013 and December 2017. A further report on this matter will be prepared for Council consideration once legal advice on the potential for legal action has been obtained.

Conclusion

Council could resolve to approve the application subject to conditions for the submission of the required management plans, however as other agencies have requested the information to determine if there is a need for an environmental impact assessment, the Shire is unable to assess the proposal without further information and without the advice from the agencies specialising in environmental protection.

To assist the applicant in receiving a determination of the proposal as soon as possible, it is recommended that the Chief Executive Officer be granted delegated authority to approve the application once satisfactory information has been received and subject to the support of DWER.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Local Planning Scheme No.4.

Policy / Strategic Implications:

The proposal is unable to be fully assessed against the requirements of Local Planning Policy 6.1.9 Extractive Industries due to the inadequate information submitted with the application form.

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Without the required information the proposal is unable to be assessed for environmental impacts.

Economic: The supply of basic raw materials is recognised by the Shire as a significant contributor to the economic development of the area.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 defer the determination of the expansion to the Industry Extractive at Lot 9 (807) Middlesex Road to enable the submission of a drainage management plan and rehabilitation management plan, both of which are to meet the requirements of Local Planning Policy 6.1.9 Extractive Industries;

2. Grant delegated authority to the Chief Executive Officer to grant conditional approval, subject to appropriate conditions, following the receipt of the information contained in point 1 above, to the satisfaction of the Chief Executive Officer and confirmation from the Department of Water and Environmental Regulation that they have no objections to the proposal; and

3. Request the Chief Executive Officer to issue correspondence to the landowner/applicant to:

a) Prompt compliance with the development application (TP: 2010/157) approval granted 24 March 2011, with particular reference to compliance with setbacks and the need to complete rehabilitation works;

b) Require the submission of a stabilisation management plan, including regrading of all excavation faces at 1:3 ratio, excluding the working face, with works to be implemented within 6 months.

c) Require submission of a detailed rehabilitation plan for the areas located outside of the approved extraction area based on the use of native vegetation species to the satisfaction of the Shire of Manjimup with such rehabilitation works to be completed with 12 months and from maintained from there on in.

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Skoss, K

28101

That Council:

CARRIED: 11/0

Reasons:

· Conditions as outlined can be dealt with in Clause 2 of the recommendation.

· Should the proponent may choose to put in a secondary application for a larger area in which case Item 3 would be redundant.

137

ATTACHMENT

APPENDIX

9.5.10 Proposed Industry - Rural and Sea Containers at Lot 9340 Piano Gully Road, Middlesex

PROPONENT	Paul Starkie
OWNER	Mr P C & Mrs A Starkie
LOCATION / ADDRESS:	Lot 9340 Piano Gully Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/152 P52325
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	9 January 2020
DECLARATION OF INTEREST:	Nil

Background:

The subject property is a 33.2ha parcel of rural land located on the southern side of Piano Gully Road, approximately 650 metres east of South Western Highway. As reflected within the location plan below, similar size properties abut the site. These are used for a range of agricultural activities.

Location Plan

The landowners are proposing to locate four sea containers with three associated covers in between to facilitate the parking, housing and maintenance of machinery on an elevated sand pad. A copy of the submitted application is shown attached.

ATTACHMENT: 9.5.10(1)

Council considered the application for earthworks and sea containers at its 5 December 2019 Ordinary Meeting and resolved (Resolution 28066) that the land use proposed on site was consistent with the definition of Industry-Rural under the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme). Subsequently Council also resolved to request that the Chief Executive Officer proceed with advertising of the proposal in accordance with Clause 9.6 of the Scheme.

A relevant extract from the 5 December 2019 minutes is appended.

APPENDIX: 9.5.10(A)

The applicant has advised via email that the equipment is primarily machinery used for farming and earthmoving and that the sea containers and shelters are being erected to keep the machinery out of the rain. The applicants have provided further verbal advice that they have involvement in the operation and management of a significant number of rural properties and activities in the district.

The application has been referred to Council for determination, as Shire officers do not have delegated authority to determine the application given its use classification under the Scheme.

PUBLIC Consultation Undertaken:

Correspondence was also sent to the Ward Councillor. Submissions closed on 8 January 2020.

At the close of the submission period the only submission received was from an adjoining landowner who raised concerns about the visual appearance of the development. Whilst the content of this submissions is discussed in the comment section below, a full copy of the submission is attached.

ATTACHMENT: 9.5.10(2)

COMMENT (Includes Options):

The provisions of the Scheme includes the subject land within the Priority Agriculture Zone, where a Rural Industry is an “A” use. That is a use, which is not permitted unless the local government has exercised its discretion by granting approval following advertisement of the proposal.

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;

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

(xv) the preservation of the amenity of the locality;

(xvii) the amount of traffic likely to be generated by the proposal, particularly in relation to capacity of the road system in the locality and the probable effect of traffic flow and safety; and

(xxvi) any relevant submissions received on the application.

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

Consistency with zoning

The purpose of the Priority Agriculture 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.

Land Use Classification

The proposed land use is classified as “Industry – Rural”, which is defined by the Scheme as ‘(a) an industry handling, treating, processing or packing rural products; or (b) a workshop servicing plant or equipment used for rural purposes’. Council has resolved that the proposal is consistent with this land use definition

Non-Rural Use

As outlined above, the applicant has advised that the machinery to be stored will “primarily” be used in association with farming and earthmoving. It is highly recommended that it be made clear to the applicant that activities undertaken using machinery stored on site must be limited to those associated with rural purposes only. Undertaking works not relating to rural purposes with this machinery would be contrary the defined land use and the requirements of the Scheme which do not permit land within the Priority Agricultural Zone to be used for general depot purposes.

It is strongly recommended that a condition be imposed to ensure that the activities for which the machinery is used is restricted to rural activities only, reinforcing requirements of the Scheme.

Amenity of the Locality

A neighbouring property owner has commented that due to the topography of the subject land, the development can be viewed from South Western Highway. As such the neighbour has requested that the earthworks and land use, having an industrial appearance, be provided with camouflage in the form of trees, and soil stabilisation to avoid erosion to reduce the visual impact of the activities.

As the neighbouring land owners request is consistent with the requirements of Local Planning Policy 6.1.18 Landscaping, it is recommended that landscaping screening be required as part of any approval granted by Council. The screening of the structure from public view particularly public roads will assist in the enhancement of the view along the South Western Highway.

Conclusion

Given the applicant will be undertaking rural type industrial activities on land zoned for Priority Agriculture, the proposal is recommended for approval subject to landscape screening to restrict the view of the structures from public roads.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Local Planning Scheme No.4.

Policy / Strategic Implications:

Approval to the application, subject to a limitation that the machinery is to be used for rural purposes would be consistent with the following strategies identified by the Shire of Manjimup’s Strategic Community Plan 2019-2029:

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

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

Organisational risk management:

Should the application be supported in its current form, there is a risk that the machinery to be stored on-site will be used to complete earthworks that are not associated with rural activities.

The storage of equipment to be used for activities not associated with rural activities would be contrary to the requirements of the Scheme, which prohibit such uses within the Priority Agriculture Zone.

Financial Implications:

The required development application fee has been paid by the applicant

Sustainability:

Environmental: Should mechanical servicing of vehicles and/or cleaning of the machinery be undertaken on-site there will be a need to ensure that appropriate infrastructure is in place to ensure that the activities do not detrimentally impact on the environment. A condition of approval requiring landscape screening will enhance the biodiversity of the area and it is recommended that the use of local native plantings be required.

Economic: Approval to the application will allow the applicants to consolidate machinery associated with their business activities.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No.4 grant planning approval to the proposed Industry –Rural and associated sea containers and earthworks at Lot 9340 Piano Gully Road, Middlesex (Application TP 2019/152) in accordance with the plans and specifications shown at Attachment: 9.5.10(1) 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	8 October 2019
2.	Email from Applicant	30 October 2019

b) The machinery to be stored on the land is to be used for rural purposes only and shall not be used for general earthworks or construction purposes on non-rural zoned land;

c) Prior to lodging an application for a building permit, a detailed landscaping plan and reticulation plan is to be prepared and submitted for the site to demonstrate that the development will be adequately screened from view from public roads to the satisfaction of the Chief Executive Officer. The plan must include the location, number and type of existing and proposed trees and shrubs and planting density;

d) The approved landscaping and reticulation plan referred to in condition 3 above, must be fully implemented within 12 months of this approval, and maintained thereafter, to the satisfaction of the Shire of Manjimup. Any species which fail to establish following planting must be replaced in consultation with and to the satisfaction of the Shire of Manjimup;

e) Prior to the occupation of the development, vehicle crossovers between the subject land and Piano Gully Road are to be located, designed, constructed and drained to the specification and satisfaction of the Shire of Manjimup; and

f) The land in respect of which earthworks are to be carried out shall be compacted and stabilised to the specifications and satisfaction of the Shire of Manjimup and details of the required work shall be submitted to Shire of Manjimup as part of a building permit application.

Advice to Applicant

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

ii. The proponent is advised that Piano Gully Road and Middlesex Road are provided in an “as is” condition. Any requirements for road upgrading, beyond Council’s normal road maintenance procedures and practices and current road upgrade plans, will need to be funded by the proponent.

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Winfield, C

28102

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	8 October 2019
2.	Email from Applicant	30 October 2019

b) The machinery to be stored on the land is to be used for rural purposes only and shall not be used for general earthworks or construction purposes on non-rural zoned land;

c) Screening trees to be planted in 2020.

d) Prior to the occupation of the development, vehicle crossovers between the subject land and Piano Gully Road are to be located, designed, constructed and drained to the specification and satisfaction of the Shire of Manjimup; and

e) The land in respect of which earthworks are to be carried out shall be compacted and stabilised to the specifications and satisfaction of the Shire of Manjimup and details of the required work shall be submitted to Shire of Manjimup as part of a building permit application.

Advice to Applicant

CARRIED: 11/0

Reasons:

· Enhance the amenity of the area.

144

9.9.2 Manjimup Imperials Recreation Club - Request for Financial Contribution towards New Amenities Building

PROPONENT	Manjimup Imperials Recreation Club
OWNER	Manjimup Imperials Recreation Club
LOCATION / ADDRESS:	Manjimup Recreation Grounds, Lot 838, (37) Moore Street, Manjimup
WARD:	North
ZONE:	Parks & Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170109
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	7 January 2020
DECLARATION OF INTEREST:	Nil

Background:

At the Council Information Briefing Session held 3 October 2019, Manjimup Imperials Recreation Club (Imperials Club) representatives presented a request to Council to give consideration to fund one third of the proposed developments at the Manjimup Recreation Grounds (Lot 838 Moore Street, Manjimup). The ‘one third’ being to match the funding formula proposed by the Department of Local Government, Sport and Cultural Industries (DLGSC) Community Sporting and Recreation Facility Fund (CSRFF) of one third applicant, one third DLGSC, and one third other sources (e.g. local government).

Imperials Club intends to submit its CSRFF application for consideration by Council prior to final submission to the DLGSC in March 2020. CSRFF small grant rounds (for projects up to a total cost of $300,000) are made available twice a year with a requirement applications be assessed by Council, on merit and listed in order of priority, prior to submission to the DLGSC by the last working day of March. It should be noted that there is no obligation, unless previously committed, on the local government authority to make a financial contribution to applicant projects.

The DLGSC assesses applications in conjunction with relevant sporting bodies. Applicants are notified by June and successful projects must be completed by end June in the following financial year.

The purpose of this report is to seek Council’s determination on whether it is prepared to make a forward financial commitment of $88,636 (excl. GST) as requested by Imperials Club in the 2020/2021 financial year budget.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Manjimup Recreation Grounds

The Manjimup Recreation Grounds consist of a number of Shire owned and managed facilities, including a sports oval, public toilets, and an indoor stadium. The Grounds are home to several clubs, amongst which Imperials Club, the first girls football team in the South West Junior Football League (established in 2019), and the Lower South West Little Athletics Centre. Furthermore, the Grounds are frequently used by the adjacent Kearnan College.

The Imperials Club owns a number of structures on the Grounds (incl. a club pavilion, an amenities building, dug out sheds, flood lights), for which the Club holds a 20 year land lease (renewed in January 2019) over the footprint of these structures.

The Amenities Building

The proposed project (total costs $265,909) aims to replace and upgrade the old amenities building with a new and larger building. The current building is an ablution building only which is in very poor condition, contains asbestos, does not meet accessible standards. The proposed project would see the current building demolished, and a new larger building constructed including accessible compliant toilets and change rooms in accordance with the current AFL Preferred Facilities Guidelines, a meeting room and storage space for Little Athletics.

Master Plan

The vision for the Grounds, as defined in the Manjimup Community Recreation Hub Master Plan (2015), is for it to be multipurpose sport and recreation facility catering for indoor and outdoor sports, capable of hosting major regional court sports events and providing additional playing fields to complement Rea Park and Collier Street Reserve Precinct. The Master Plan identified the need for improved toilet facilities at the Grounds, and the lack of storage for Little Athletics.

Previous Decisions by Council

Whilst Council’s priority is to invest in infrastructure that is Council owned and managed, it has traditionally given recognition to local sport and recreation clubs and groups within the Shire that are deemed to fill a significant gap in local sport and recreation infrastructure. Requests for funding assistance are considered on a case by case basis and are subject to Councils financial capacity at the time of the request. The following funding assistance has been provided to clubs over the past 5 years:

· $107,720 to the Walpole Country Club for the Synthetic Greens Project spread over the years 2014/15 and 2015/16; and

· $32,500 to the Warren Equestrian Centre for the establishment of a multi-purpose equestrian arena in 2016/2017.

· $60,000 to the Pemberton Country Club in 2017/2018 for new clubrooms.

In addition Council has offered numerous self-supporting loans to sporting clubs within the Shire in the past.

Current Financial Environment

Shire officers are also aware of other clubs preparing development projects, for which they may seek DLGSC funding in the near future with a possible contribution from Council being requested, including:

· Manjimup Tennis Club: establishment of new club tennis facilities in Manjimup;

· Manjimup Motocross: clubrooms renewal;

· Walpole Country Club: clubrooms expansion;

· Manjimup Country Club: upgrade of water supply for irrigation; and

· Manjimup Indoor Sports Pavilion expansion.

With an increasing financial pull on limited resources, Council will be required to balance the established needs of the community with the wants of the community. Council has many competing funding priorities and endeavours to allocate funding in a strategic manner. Strategic planning documents are commissioned to audit, capture and prioritise community needs and aim to guide Council and State agencies in the allocation of financial resources.

Options

Subject to the CSRFF application of Imperials Club being successful, Council may choose to consider the following options:

1. Advise the Imperials Club that the Council supports the project, and agrees to consider the expenditure of $88,636 for the project in the 2020/21 financial year;

2. Advise the Imperials Club that Council supports the project, but is not in a position to consider the expenditure of $88,636 for the project in the 2020/21 financial year; or

3. Advise the Imperials Club that the Council supports the project, and agrees to consider a financial contribution of less than the requested $88,636 for the project in the 2020/21 financial year. This option would be a compromise, should Council not be in a position to contribute the requested amount, but still provide a level of financial support, thereby facilitating Imperials Club to realise the project.

Note that these options are a consideration for Council, not a committal of funds.

Recommendation

Over the past months Council has workshopped on a number of occasions to determine its strategic priorities for the coming years. From these workshops it has become evident that the upgrade of sporting facilities in Manjimup is one of Council’s main priorities in order to provide adequate sporting facilities fitting a regional growth centre.

Based on the full weight of the discussion it is recommended that Council supports the proposed project with a contribution of $88,636 in 2020/21 subject to Imperials Club’s application for a CSRFF grant being successful.

The project has considerable merit and benefits to Imperials Club and Little Athletics. For it to benefit other Grounds users and the wider Manjimup community and visitors, it is advised that, should a financial contribution towards the project be given, Council stipulates making the new amenities building available to other Grounds users/hirers as a condition to Imperials Club.

The project is in line with the Manjimup Community Recreation Hub Master Plan. Furthermore the project can be regarded as ‘shovel ready’.

STATUTORY ENVIRONMENT:

Local Government Act 1995, s6.8 (Financial Management Regulations)

Policy / Strategic Implications:

· Shire of Manjimup Community Strategic Plan 2019 – 2029:

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

- Strategy D13. Assist communities to build and maintain sport and recreation facilities whilst encouraging co-locations, collaborations and resource sharing wherever possible;

· Shire of Manjimup Sport and Recreation Strategic Plan 2014-2024;

· Manjimup Community Recreation Hub Master Plan; and

· Policy 3.1.2 Financial Assistance to Community Sporting and Recreation Facilities Fund (CSRFF) Applications.

Organisational risk management:

The purpose of a facilities master plan aims to strategically plan future facility developments, including the rationalisation of assets and resources and avoidance of possible facility duplication, with the aim to ensure community needs are met in a sustainable way. The Imperials Club’s proposal for enhanced amenities is consistent with the master plan.

Financial Implications:

The officer recommendation is that Council support the project with a contribution of $88,636 in 2020/21. On the basis that maintenance to the proposed building will be undertaken by Imperials Club, there are no further financial implications to Council. To that effect an agreement will be set up between the Shire and Imperials Club regarding ownership, maintenance and insurance of the new building.

Proposed Source of Funding	Amount ex GST
Shire of Manjimup	$88,636
Manjimup Imperials Recreation Club (incl. in-kind)	$88,637
DLGSC CSRFF	$88,636
TOTAL	$265,909

Sustainability:

Environmental: Nil.

Economic: Improved sporting facilities provides opportunities for increased regional competition and associated economic spin off related to increased visitation.

Social: The Manjimup Recreation Grounds facilities are shared by a number of clubs and schools, which will benefit from the proposed project. The development will provide accessible amenities suitable for all genders.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Advise the Manjimup Imperials Recreation Club that it supports the proposed concept for a new Amenities Building at the Manjimup Recreation Grounds subject to compliance with all planning and building requirements;

2. Agree to consider the allocation of $88,636 in the 2020/2021 financial year budget for the new Amenities Building subject to successful Community Sporting Recreation Facilities Funding from the Department of Local Government, Sport and Cultural Industries; and

3. Advise Manjimup Imperials Recreation Club that it is a condition of Council’s contribution that the new amenities building be made available to other users/hirers of the Manjimup Recreation Grounds.

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Taylor, R

28104

That Council:

CARRIED: 11/0

Description	Current Budget	Amended Budget	Variation
Transfer from Recreation Centre Floor Reserve	($11,300)	($14,150)	($2,850)
New seal – Walpole Recreation Centre	$0	$2,850	$2,850
Net Rate Funds			$0

Committee Recommendation	Officer’s Comment
Cr Cliff Winfield is nominated as Chairperson.	Supported, already reflected in current terms of reference.
The Airfield Management Committee accepted the nomination of St John Ambulance Officer Barbara Hunter to fill the position of St John Ambulance Representative, and the nomination of St John Ambulance Officer Shane Clarke to fill the position of St John Ambulance Representative (proxy).	Supported. The change has been reflected in the draft Terms of Reference.

Committee Recommendation	Officer’s Comment
Cr Paul Omodei is nominated as Chairperson and Michael Leers as Chairperson for this meeting of 5^th December in Cr Omodei’s absence.	Supported, already reflected in current Terms of Reference.
Committee recommendation, that the Committee authorise the Chief Executive Officer explore the option to purchase a second hand low loader and to report directly to Council.	Supported.
Committee recommendation, that the Committee grant Director Works leave to prepare a Proposed 2019/2020 Plant Replacement Schedule based on amalgamation of budget to purchase a low loader and 12 tonne tipper.	Supported, to be dealt with administratively

Bush Fire Advisory Committee Resolutions	Officers Comments
That Council accept the Zone Delegates and Proxies for the two year period commencing as of next Council meeting held 23 January 2020.	The BFAC resolution is supported. A copy of the Terms of Reference is attached.
That Remo Pessotto be appointed as the Chief Bush Fire Control Officer for the two year period commencing as at next Council meeting held 23 January 2020.	The BFAC resolution is supported. BFAC appoint the Chief Bush Fire Control Officer, Council issue the appropriate delegations.
That Brad Wren be appointed as the Deputy Chief Bush Fire Control Officer for the two year period commencing as next Council meeting held 23 January 2020.	The BFAC resolution is supported. BFAC appoint the Deputy Chief Bush Fire Control, Council issue the appropriate delegations.
That the confirmed Minutes of the General Meeting held Wednesday 31 July 2019 be received as a true and correct record.	The BFAC resolution is noted.