Minutes of Ordinary Council

· The Director of Community Services has assumed the role of Recovery Coordinator for the Shire in the face of the COVID-19 pandemic that we are currently facing.

· Meetings with the Department of Water and the Grants Commission, the launch of the first flight at Busselton Airport, a visit from the Shire of Bruce Rock and the Local Tourism Organisation launch have all had to be cancelled in light of the COVID-19 pandemic.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr S Dawson Vidovich

Cr W Eiby

Cr D Jenkins

Cr K Lawrence

Cr J Darin

Cr K Skoss

Cr D Tapley

Cr R Taylor

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Mrs Shammara Markotis (A/Corporate Administration Officer)

Mr Jason Giadresco (Senior Governance Officer)

Gallery

Ian Ryan

Sorcha Ryan

Albanin Mohammadi

Sabrina King

Christine Trappitt

3.1 Apologies:

Councillor Murray Ventris is a late apology for this Council meeting.

3.2 Leave Of Absence:

Councillors Denise Jenkins, Robert Taylor and Jayde Darin were granted a Leave of Absence for this Council meeting however a change in circumstances has meant that they were in attendance at this Council meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received Financial Interests from Councillor Susan Dawson Vidovich for Item 9.5.1 and Councillor Robert Taylor for Item 9.5.2.

Councillor Dawson Vidovich declared a Financial Interest in Item 9.5.1 as she has recently registered a business with the intention to operate from home in the future.

Councillor Taylor declared a Financial Interest in Item 9.5.2 as he is a leaseholder at Lot 239 Windy Harbour.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time: Nil

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations

6.2.1 Last Friday night the Shire was awarded the Institute of Public Works Engineering Australasia WA Projects of Excellence Award in the ‘Projects Greater than $5 million - Regional’ category for the works completed along the South West Highway as part of the Town Centre Revitalisation Project. The Director of Works presented this award to the Shire President.

6.2.1 A Citizenship Ceremony was held for Mrs Sorcha Ryan, Miss Albanin Mohammadi, Mrs Sabrina King and Mrs Christine Trappitt.

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Taylor, R

28130

That the Minutes of the Ordinary Meeting of the Council held on 5 March 2020 be confirmed.

CARRIED: 10/0

8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:

8.1 Payments to Volunteers Impacted by Emergency Events

PROPONENT	Cr Paul Omodei
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160489
LEGISLATION:	N/A
AUTHOR:	Andrew Campbell
DATE OF REPORT:	10 March 2020
DECLARATION OF INTEREST:	Nil

Background:

At the Council meeting held 5 March 2020, Cr Paul Omodei provided the following Notice of Motion for consideration by Council at the meeting to be held 26 March 2020.

That the Shire of Manjimup request the Western Australian Local Government Association (WALGA) to advocate for the State and Commonwealth Governments to introduce a payment system for emergency services volunteers to partially offset their income lost when volunteering in emergency events.

The purpose of this report is for Council to consider Cr Omodei’s motion.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The following emergency services volunteer networks are based within the Shire of Manjimup boundaries:

Unit	No: of Units	Volunteers (approx.)	Responsible Agency*
Volunteer Bush Fire Brigades	23	1300	SoM
Volunteer Ambulance	4	50	St Johns
Volunteer Fire and Rescue Service	4	60	DFES
State Emergency Service	2	45	DFES
Volunteer Marine Search and Rescue	2	45	DFES

*SoM (Shire of Manjimup); DFES (Department of Fire and Emergency Services); St Johns (St Johns Ambulance Service)

Within the Shire’s local government district there is a population of 9,253 (ABS 2016) spread over 7,028km² and given that approximately 1,500 emergency services volunteers exist, albeit some volunteers would be a member of more than one unit, there are extremely heavy demands on the local volunteers to undertake emergency services operations within and outside of Shire boundaries. If the same situation is replicated across Australia which it is understood to be, coupling this to an ageing demographic, volunteer burnout and decreasing volunteer take up by younger generations, it does propagate a precursor to a future situation whereby there may be major deficiencies in emergency services volunteers available to activate during local, regional, state or national emergency events. This is especially relevant where the emergency event lasts for a significant duration which has become increasingly obvious in recent times through bushfire, flooding, cyclone activity, drought, and extreme weather events with now also pandemic on the immediate horizon.

It appears that a significant barrier to emergency services volunteerism is the considerable cost to an individual or business with people taking time off paid work for extended durations to activate as emergency services volunteers. During the recent bushfires in the eastern states of Australia the financial toll on individuals and business was so significant the Commonwealth Government introduced a range of temporary financial measures to assist which included conditionally capped direct payments to active fire ground volunteers.

It is considered that the Commonwealth Government’s capped payments for emergency services volunteers during the 2020 bushfires was the start of something that is long overdue, would encourage emergency services volunteerism and mitigate, to an extent, some of the financial pressure emergency services volunteers are exposed to when they are involved in long duration emergency events.

STATUTORY ENVIRONMENT:

Nil.

Policy / Strategic Implications:

Volunteers are integral to the emergency event response in the Shire of Manjimup. Any significant reduction in numbers or capacity of emergency services volunteers could have significant consequences for local communities.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: The environment is prone to emergency events such as bushfire and needs to be adequately protected.

Economic: The economic consequence of emergency events can be considerable, hence to need to be adequately prepared.

Social: Australians have always had a volunteering mentality however this is becoming increasingly strained particular due to financial pressures associated with not being able to work during emergency events.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Cr OMODEI Recommendation:

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Skoss, K

28131

CARRIED: 10/0

9. COUNCIL OFFICERS’ REPORTS:

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 86 of the Agenda with the exception of:

9.3.1	Proceeds of Sale - No 7 (Lot 329) Blackbutt Drive
9.5.1	Proposed Adoption of Draft Local Planning Policy 6.1.6 - Home Based Business
9.5.2	Release of the Assessment of Coastal Erosion Hotspots in WA (2019)
9.5.5	Proposed Liquor Store and New Drive-through Service Area - Lot 109 (Lot 2) Giblett Street, Manjimup
9.9.3	Request Approval to Expend Reserve Funds - Proposed Contribution towards Pemberton Trails Town Concept Plan and Business Case
9.15.1	Unconfirmed Minutes of the Northcliffe Forest Park Management Committee meeting held 5 February 2020
9.16.1	Unconfirmed Minutes of the Manjimup Recreation Advisory Committee Meeting held 10 February 2020

Items passed by En Bloc Resolution

9.2.1 Proposed Lease - 5C Brockman Street, Manjimup

9.3.2 Local Government Compliance Audit Return 1 January 2019 to 31 December 2019

9.3.3 Monthly Financial Activity Statement - January 2020

9.3.4 Council Financial Payments January 2020

9.5.3 Proposed Dam with a Reduced Setback on Lot 8759 Pipe Clay Gully Road, Middlesex

9.5.4 Proposed Change of Use Restaurant to Small Bar at Lot 26 (6) Nockolds Street, Walpole

9.5.6 Delegated Planning Decisions for February 2020

9.9.1 Manjimup Trail Bike Trails Hub - Request for Funding Implementation of Stages 1 and 2

9.9.2 Assessment of Community Sporting and Recreation Infrastructure Facilities Fund (CSRFF) 2020/21 - Manjimup Imperials Recreation Club

9.12.1 Consideration of a 40km/hr Speed Zoning on a Portion of Brockman Street, Pemberton

9.16.2 Unconfirmed Minutes of the Access and Inclusion Advisory Committee Meeting Held 13 February 2020.

9.2.1 Proposed Lease - 5C Brockman Street, Manjimup

PROPONENT	R Howe
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	5C Brockman St, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Business
FILE REFERENCE:	F161422
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	11 March 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup owns 5 Brockman Street, Manjimup (Formerly Lot 43, now Lot 303) in freehold and leases 5A and 5B to Cilantro Food and 5C for the Fish ‘n Chips on Brockman shop. The lease of 5C Brockman Street is due to expire 30 March 2020.

At the meeting of 13 February 2020 (28150) it was resolved:

“That Council

1. Declare that the current market value for the lease of 5C Brockman Street is $16,250, being $125/m², on the basis of the valuation obtained 28 February 2019.

2. Advertise intention to lease 5C Brockman Street to Roderick Howe with the following conditions:

a) lease term of five years with an option for an additional five year term;

b) lease fee commencing at $16,250 (ex GST), being $125/m2 per annum, subject to annual Consumer Price Index adjustments and a market review on the fifth anniversary of the lease; and

c) consideration of any submissions received within a two week period.”

As the public consultation period has now closed, this agenda item is for final approval for the lease.

PUBLIC Consultation Undertaken:

Public notice of the proposed lease was published in the Manjimup Bridgetown Times on 26 February 2020 with a two week period for public submissions. No submissions were received.

COMMENT (Includes Options):

It is recommended to proceed with the new lease to the existing lessee as proposed, in accordance with the current market value.

STATUTORY ENVIRONMENT:

The requirements of Section 3.58 of the Local Government Act 1995 have been met. There were no submissions received to consider and therefore approval of the lease can proceed.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council lease 5C Brockman Street to Roderick Howe with the following conditions:

a) lease term of five years with an option for an additional five year term; and

b) lease fee commencing at $16,250 (ex GST), being $125/m² per annum, subject to annual Consumer Price Index adjustments and a market review on the fifth anniversary of the lease.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28132

That Council lease 5C Brockman Street to Roderick Howe with the following conditions:

a) lease term of five years with an option for an additional five year term; and

b) lease fee commencing at $16,250 (ex GST), being $125/m² per annum, subject to annual Consumer Price Index adjustments and a market review on the fifth anniversary of the lease.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.2 Local Government Compliance Audit Return 1 January 2019 to 31 December 2019

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F170049
LEGISLATION:	Local Government Act 1995
AUTHOR:	Craig Martyn
DATE OF REPORT:	9 March 2020
DECLARATION OF INTEREST:	Nil

Background:

Each Local Government is required to carry out a Compliance Audit Return (CAR) for the period 1 January 2019 to 31 December 2019.

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

Regulation 14 of the Local Government (Audit) Regulations 1996 requires the local government’s Audit Committee review the CAR and report the results to the Council, prior to adoption by Council and submission to DLGSCI by 31 March 2020. On the 26 March 2020 the Shire of Manjimup Audit Committee will be presented with the findings contained within the CAR.

A copy of the CAR for the Shire of Manjimup for the period 1 January 2019 to 31 December 2019 is attached.

ATTACHMENT: 9.3.2 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The 2019 CAR was available to local governments in January 2020 via the DLGSCI communication portal, Smart Hub. The various questions are distributed amongst relevant staff with their responses collated to form the 2019 CAR.

The 2019 CAR contained 104 items with one item of non-compliance, or 99% compliance.

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

	2018 Compliance Return		2019 Compliance Return
Section	Number of Items	Number of Non-Compliant Items	Number of Items	Number of Non-Compliant Items
Commercial Enterprises by Local Government	5	0	5	0
Delegation of Power/Duty	13	0	13	0
Disclosure of Interest	16	1	19	0
Disposal of Property	2	0	2	0
Elections	0	0	2	0
Finance	16	0	14	0
Integrated Planning and Reporting	7	0	7	0
Local Government Employees	5	0	5	0
Official Conduct	6	0	6	0
Optional Questions	0	0	4	0
Tenders for Providing Goods and Services	25	0	27	1
Totals	95	1	104	1
% non-compliance		1%		1%

The item of non-compliance formed part of the section Tenders for Providing Goods and Services. The question, “Did the local government comply with its current purchasing policy in relation to the supply of goods or services where the consideration under the contract is, or is expected to be $150,000 or less or worth $150,000 or less?” was considered non-compliant.

On reflection of current practises there are occasions when the purchasing policy has not been followed due to the nature of the services being provided. The specific example of mechanical repairs to the fleet increasing beyond the estimated cost due to additional problems being identified when investigating faults. To try and obtain additional quotes from other suppliers when the vehicle is already with a servicing agent would cause unrealistic delays to equipment returning back to service and create a level of animosity with the suppliers. Officers confronted with this situation are required to justify their decision for additional expenditure, in writing, to satisfy any audit or review.

The CAR is a self-assessment of compliance with the Local Government Act 1995 and subsequent regulations. To ensure our responses are a true reflection of the organisations adherence to legislation, the Shire of Manjimup has previously engaged local government consultant, Gary Martin, to conduct a review of the CAR. Unfortunately Shire staff were unable to obtain Mr Martin’s services to review this year’s return.

Below are extracts from Mr Martin’s previous report completed for the 2018 CAR. Whilst these comments aren’t reflective of the 2019 CAR they do show a history of good practise associated with compliance to the act.

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

and

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

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

The 2019 CAR is required to be certified by the Shire President and the Chief Executive Officer then lodged with the DLGSCI by the 31 March 2020.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

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

Organisational risk management:

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

Financial Implications:

Costs associated with the completion of the 2019 CAR have be met within operational funding.

Sustainability:

Environmental: Nil

Economic: Nil

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the 2019 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2019 to 31 December 2019 as provided in attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28133

That Council adopt the 2019 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2019 to 31 December 2019 as provided in attachment: 9.3.2(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.3 Monthly Financial Activity Statement - January 2020

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160188
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	17 March 2020
DECLARATION OF INTEREST:	Nil

Background:

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

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

The Financial Activity Statement report for the period to 31 January 2020 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.3 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 January 2020 is a projected deficit of $14,151.

This $14,151 deficit end of year projection is based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under expenditure in other areas as the Shire progresses through the financial year.

The December 2019 review stated a deficit position of $54,500, the majority of that projected deficit was reduced through the December 2019 budget adjustments agenda item. Those adjustments were based on a known end of project position so an adjustment could be finalised, however some areas still remain fluid to the end of the financial year as they are based on an external demand or actions.

The items identified after an assessment of the Shire of Manjimup financial accounts to the 31 January 2020 are:

Interest on Investment – Municipal/Reserve $23,000 - While finance staff attempt to maximise interest through various banking tools as per Council’s Investment Policy, the combination of the current record low interest rates and significant grants paid in arrears of expenditure, it is very unlikely that the budget for Interest Income will be achieved. A budget adjustment in the December review did not fully erase the anticipated loss and due to further interest rate drops it is expected this line item will put further pressure on the end of year position.

Manjimup Home and Community Care (MHCC) – MHCC provide a very broad range of services within the aged care and disability space, from Home Care Packages, respite accommodation, National Disability Insurance Scheme (NDIS) and Commonwealth Home Care. When setting the 2019/20 budget only an estimate can be made as to how many services will be funded and supplied. As at the 31 January 2020 a projection based on year to date activity should see approximately an extra $327,000 of income and costs associated with providing all services. This is a cost neutral budget so this extra activity will not have an effect on the Shire of Manjimup’s end of year position.

Fees – Development Applications $10,000 – A positive item affecting the Shire of Manjimup’s end of year position is Development Application Fees. A projection of year to date actuals for planning fees should see an extra $10,000 of income generated.

Repayment of Loan Principle $30,779 – At the time of writing this report finance staff have just drawn down on the loans proposed as part of the 2019/20 adopted budget. As this has occurred in the second half of the financial year the first payment will not be due until early into the 2020/21 financial year.

There have been no other major issues arise in the 7 months of 2019/20, and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2020.

STATUTORY ENVIRONMENT:

Section 6.8 Local Government Act and Financial Management Regulation 34.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As described in above summary.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the Monthly Financial Activity Statement Report for January 2020 as per Attachment: 9.3.3(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28134

That Council receive the Monthly Financial Activity Statement Report for January 2020 as per Attachment: 9.3.3(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.4 Council Financial Payments January 2020

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:	16 March 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 $1,848,578.22 for the month of January 2020 are itemised in the attachment and in the Corporate Credit Card statement listed below.

ATTACHMENT: 9.3.4(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 26 March 2020.

Fund	Vouchers	Amount
Municipal	94212 - 94241	$70,619.26
Trust Fund	-	$0.00
Total Cheques for Month of January 2020		$70,619.26

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 26 March 2020.

Fund	Batch	Amount
Municipal	42 – 45	$1,771,419.65
Total EFT for Month of January 2020		$1,771,419.65

Corporate Credit Card January 2020 – Municipal Account

1036.1544	Aqualoo 1x Cubical front panel & head rail – Northcliffe Main Street upgrade		$311.08
1155.1589	Coles Bleach, Storage Bags & trapping bait		$104.96
Various	Westnet Internet Services 01/12/19 – 01/01/20		$364.84
688.1101	Manjimup Florist Sympathy Flowers for B. Clinch		$60.00
15.1317	Broadwater Resort Como 1x night accommodation - CESM Clearing seminar by DWER		$265.00
754.1417	DSAK Pty Ltd (Mitre 10) Swann Outback HD Cam Recorder		$175.00
754.1417	DSAK Pty Ltd (Mitre 10) Swann Outback HD Cam Recorder		-$16.00
6.1101	City of Fremantle Parking for CEO – Meeting with Hotel Investor		$3.50
6.1391	Pan Pacific Perth 1x Night accommodation, Meals & Parking CEO		$351.83
6.1101	Tall Timbers Refreshments – Shire president, CEO, SWDC CEO & SWDC Officer		$25.00
6.1346	Apple Perth City iPhone screen protector replacement		$49.95
6.1101	Raine Square Parking for CEO – Meeting with RAC		$16.20
6.1101	Tall Timbers Lunch - Warren Blackwood Alliance of Councils CEO’s meeting		$101.70
4.1221	Adobe Creative Cloud Creative cloud suite monthly subscription		$79.29
6.1101	RAC Karri Valley Resort OSH Office farewell lunch ST:6		$155.50
6.1392	Company Director AICD membership renewal – 1 year		$687.50
677.1162	Sanity Web Store Various new DVDs for Shire Libraries		$433.90
1013.1544	Tentworld Collapsible table for server room @ Power Up		$139.95
575.1124	Express Print 1x MLAK Tactile sign & freight		$203.50
1013.1544	Factory Fast Air Pot 5lt pump action flask drink dispenser		$126.41
2.1184	Subway Manjimup Lunch for Councillors Sporting facilities priorities workshop		$76.00
2.1184	Coles Morning tea groceries for Councillors Sporting facilities priorities workshop		$22.20
677.1162	Sanity Web Store 4x Game of Thrones season 8 DVD sets		$177.91
665.1164	DSAK Pty Ltd (Mitre 10) Kero & 20lts methylated spirits – Clean exhibition MJP Heritage Park		$111.99
660.1237	Northcliffe Workers Club 17x Lunches for Tourism Forum		$382.50
671.1359	HomeAway RDD (Kenata Fairway - AquaCentre) Accommodation charged 7/11/19 - Credited		-$200.00
575.1101	Two Little Black Birds Lotterywest meeting Lunch DCS		$33.50
6.1101	SQ *Southern Roasting SMT breakfast meeting ST:7		$100.00
1013.1544	Bunnings 4x U Bolts & Teak Stain		$82.45
575.1101	DSAK Pty Ltd (Mitre 10) 2x 15ltr Cooler Jug with tap for events		$153.98
1013.1544	DSAK Pty Ltd (Mitre 10) 1x 221 litre top mount fridge		$428.00
1013.1544	Red Dot Stores 3x Swing top bins, Mat, Doorstop, AA Batteries & 2x clear storage boxes		$74.99
1013.1544	Book Depository 6x Books for bright sparks at Power Up Museum		$104.73
575.1101	Manjimup Florist Flowers/Gift for Power Up Museum opening		$50.00
575.1101	Manjimup Newsagency 2x Gift Bags – Power Up Museum opening		$14.98
1040.1544	Zinlev Holdings Pty Ltd Planter pots for Manjimup Community Centre outdoor area		$1,174.00
575.1101	Manjimup Liquor World 2x bottles red wine – Gifts for Power Up opening		$80.97
1013.1544	EG Fuelco 6x 5kg Bagged ice for Power Up opening		$20.00
1013.1544	BP Manjimup Bagged ice for Power Up opening		$12.00
Total Credit Card Payments			$6,539.31
Total Payments for the month January 2020		$1,848,578.22

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 January 2020 totalling $1,848,578.22 as detailed in Attachment: 9.3.4(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28135

That Council receive the accounts paid during January 2020 totalling $1,848,578.22 as detailed in Attachment: 9.3.4(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.3 Proposed Dam with a Reduced Setback on Lot 8759 Pipe Clay Gully Road, Middlesex

PROPONENT	Mr J & Mrs RJ Bachos
OWNER	Mr J & Mrs RJ Bachos
LOCATION / ADDRESS:	Lot 8759 Pipe Clay Gully Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/19; P51598
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	5 March 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for a stock dam that is proposing a 5 metre setback to side boundary of Lot 8759 Pipe Clay Gully Road, Middlesex. Plans detailing the proposed dam are attached.

ATTACHMENT: 9.5.3(1)

Location Plan

The subject property is 17.4 hectares in area and is accessed by Pipe Clay Gully Road and Angels Road. The property is currently vacant as the applicant is proposing to run stock on the property.

The proposed dam will have a capacity of 10 – 15 megalitres (ML). The height of the dam wall is 3 metres, the length of the dam wall on the eastern side is to be 80 metres, while both the north and south side walls are to be 40 metres in length and will have a depth of 5.5 metres.

The applicant is installing a spillway with a scour on the southern wall boundary but has not identified the form of construction. There is also two (2) 150mm by-pass pipes on the eastern wall of the dam. Both the spillway and by-pass pipes will be directed back to the natural water flow to the eastern end of the dam.

The applicant is proposing to clear four mature trees to make way for the proposed dam.

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

PUBLIC Consultation Undertaken:

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

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

ATTACHMENT: 9.5.3(2)

COMMENT (Includes Options):

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

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

Matters to be Considered

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

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

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

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

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

Exempted Development

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

Setbacks

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

· Front Setback – 30 metres;

· Side Setback – 10 metres; and

· Rear Setback – 30 metres.

In this case, the applicants are seeking a relaxation of the setback for the front boundary to the road reserve and the eastern side boundary.

Relaxation of Standards

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

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

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

In this case, a relaxation of the side boundary is consistent with the requirements of clause 10.2, and the impact of an approval on either the subject land or adjacent property has been assessed against the Policy position.

Policy Assessment

The application was submitted prior to the adoption of Local Planning Policy 6.1.22 – Dams (the Policy), however it has been assessed against the now adopted policy provisions. The assessment indicates that the dam would be considered low risk dam given the combination of the perennial stream, other dams and road infrastructure.

Risk Category	Score
Construction Type (Perennial stream <20 Ha)	1
Volume (<10-100ML)	3
Wall Height (0-5m)	2
Dam Wall Design (designed by others)	3
Infrastructure Downstream (Other dams)	1
Overflow infrastructure proposed (dam bypass & overflow by others)	1
TOTAL	9

In accordance with provision 6.3 of the Policy dams that score less than 10 are considered low risk. As outlined in the Policy it is recommended that Advice notes be included on any approval advising landowners that:

a) The landowner is responsible for the structural integrity of the dam construction; and

b) It is recommended that the proposed structure be certified by an appropriately qualified contractor.

Submissions Received

DWER Comments

DWER required additional information before a response could be given. This has been provided with the following response received.

The proposed dam has the potential for impact on the environment and water courses. They do not object to the proposal but there are key issues and recommendations that should be addressed.

· The clearing of native vegetation is subject to the Environmental Protection Act 1986 (EP Act); and

· The proponent is to apply for a clearing permit under the EP Act.

DWER have confirmed that the proposed dam is exempt from licensing under the Rights in Water and Irrigation Act 1914 (Spring Rights). DWER have also stated that the proposed dam is located within the Country Areas Water Supply Act 1947 (CAWS Act) Warren River Water Reserve and a CAWS Act license is not required to be obtained.

DBCA Comment

DBCA have assessed the application and have stated that they do not have any objections to the proposal.

Adjoining Landowner Comment

The adjoining landowner was contacted by the applicant as well as the Shire regarding the proposal and the setback reduction and has no objections to the proposal.

Letter of Justification

The applicant contacted the Shire in regards to seeking a further reduction of the setback for the proposed dam from 10 metres down to 5 metres. In the letter, the applicant has stated that the land is not currently available for agricultural use and a setback variation for the dam will enable them to utilise the catchment and land area. A copy of the justification letter is attached.

ATTACHMENT: 9.5.3(3)

Conclusion

Approval to the proposed Dam is recommended on the basis that it has been assessed as being a Low Risk Dam in accordance with LPP 6.1.22 – Dams and no objections having been received from the adjacent landowners and relevant government agencies.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The application was received before the adoption of Local Planning Policy 6.1.22 – Dams and was assessed against the Policy.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Establishing a water storage area will assist towards a suitable supply of water for stock.

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 Dam with a Reduced Setback on Lot 8759 Pipe Clay Gully Road, Middlesex (Application TP19/2020) in accordance with the plans and specifications attached at 9.5.3(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
1.	Site Plan	3 March 2020
2.	Dam Details	3 March 2020
3	Location Plan	3 March 2020
Form	Additional information for dam construction	30 January 2020

b) The setbacks shown on the approved plans are to be to the toe of the dam wall; and

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

Advice to Applicant:

i) The applicant is advised that it is the responsibility of the landowner to ensure that the dam is safely constructed and maintained and that it is recommended that the proposed structure be certified by a suitably qualified contractor or engineer;

ii) Construction of the dam is recommended to be in accordance with the Water Quality Protection Note No. 53 ‘Dam Construction and Operation in Rural Areas’; and

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;

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28136

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	3 March 2020
2.	Dam Details	3 March 2020
3	Location Plan	3 March 2020
Form	Additional information for dam construction	30 January 2020

b) The setbacks shown on the approved plans are to be to the toe of the dam wall; and

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

Advice to Applicant:

ii) Construction of the dam is recommended to be in accordance with the Water Quality Protection Note No. 53 ‘Dam Construction and Operation in Rural Areas’; and

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

APPENDIX

9.5.4 Proposed Change of Use Restaurant to Small Bar at Lot 26 (6) Nockolds Street, Walpole

PROPONENT	Jason Calleja
OWNER	Mr D W Cuthbert
LOCATION / ADDRESS:	Lot 26 (6) Nockolds Street, Walpole
WARD:	South
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/44 P53257
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	11 March 2020
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a 1,425m² property located on the southern side of Nockolds Street. A location plan is shown below.

LOCATION PLAN

Council, at its 6 December 2018, meeting resolved to approve (Resolution 27666) the mixed-use development of a Restaurant and Holiday House at Lot 26 (6) Nockolds Street, Walpole. The development consisted of:

· A Restaurant (Café) designed for 30 Patrons including street and garden dining areas;

· A single bed Dwelling for use as a Holiday House catering for maximum of two (2) persons;

· Parking for six (6) cars including one (1) accessible bay, plus one (1) reversing/loading bay;

· A single vehicle width 2.78m x 19m driveway; and

· Associated landscaping and retaining walls.

Approval of the application involved a relaxation of parking standards, permitting a parking shortfall of three (3) bays given the location of on-street parking available directly in front of the proposed development. The determination is shown appended.

APPENDIX: 9.5.4(A)

Council, at its meeting 14 November 2019, considered an application to amend the planning approval above, to pay cash-in-lieu of providing five (5) parking bays on site and resolved to refuse the request (Resolution 28033).

An application for planning approval has now been received proposing a change of use from a “Restaurant” to a “Small Bar”. A copy of the application and supporting documentation is shown attached.

ATTACHMENT: 9.5.4(1)

The nature of the request for a change of use resulted from an application for liquor license for a Small Bar being sought from the business owner and the approved Restaurant having a different definition under the Liquor Control Act. The applicant has stated that a Small Bar license will facilitate patrons who are not dining to consume alcohol on the premises.

Council is requested to determine the application as there are no nominated parking standards for a Small Bar land use within the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme).

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Town Centre Zone, where a “Small Bar” is listed as a “D” use. This use is not permitted unless the local government has exercised its discretion by granting planning approval.

The Scheme defines a Small Bar as “premises licensed as a small bar under the Liquor Control Act and used to sell liquor for consumption on the premises, but not including the sale of packaged liquor; and with the number of persons who may be on the licensed premises limited to a maximum of 120.”

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

Car Parking

In accordance with Clause 5.17.2 where land is to be developed or used for purposes not mentioned in Table 2, or where a standard or requirement is not specified in the Scheme, the local government shall determine in each case the number of spaces to be provided on the land having regard to the:

i. Nature of the proposed development;

ii. Number of employees or others likely to be employed or engaged in the use of the land;

iii. Anticipated demand for visitor parking; and

iv. The orderly, proper and sustainable planning of the area.

The proposed Small Bar provides for approximately 110m² of area available for public use. Consideration has been given to parking standards of other local governments in regional areas by comparing the parking requirements for Small Bars and Taverns in each area with that of the Tavern land use in the Scheme Table 2.

	Small Bar	Tavern
Manjimup	-	1 per 5m²
Bunbury	1 per 15m²	1 per 15m²
Busselton	-	1 per 3m²
Bridgetown-Greenbushes	-	1 per 15m² (Commercial)
Augusta- Margaret River	1 per 6m²	1 per 6m²
Denmark	-	1 per 5m²

As shown in the table above, several local governments apply the same standard of a Tavern as to a Small Bar. With the case of the City of Bunbury it could be considered that the parking requirement would be lower given access to public transport. With the Shire of Bridgetown-Greenbushes, its Local Planning Scheme simplifies parking standards into land use categories.

If Council were to apply the parking standard of a Tavern to the proposed Small Bar, the applicant would need to supply 22 parking spaces, an additional 16 spaces to those already on site.

Clause 5.32.2.5 of the Scheme states that where no additions to floor space area proposed and the local government considers that the development impact of the new development is no greater than the previous approved land use the local government may vary the application of the relevant development standards. Although there is no additional floor space being proposed, it is likely that the numbers of patrons could exceed the previously approved number of 30 patrons given the area available for standing in addition to seating areas.

However, consideration should also be given to the businesses peak times of operation compared to the remainder of the town centre, the walkable catchment to the residential zoned land and the stated tourist population fluctuations.

Pursuant to Clause 5.17.8 of the Scheme, Council can agree to the use of shared parking, provided that:

i) The local government is satisfied that no conflict will occur in the operation of land uses for which the joint use of parking facilities is proposed; and

ii) Landowners who request sharing of parking facilities enter into a legal agreement to the local government’s satisfaction for reciprocal rights to parking facilities to ensure the continued access to shared parking facilities.

It is anticipated that the business’s peak times of operation would be complementary to the hours of business for the remainder of the town centre and that the public parking areas within Nockolds Street would be available to cater for these times.

In addition, it is noted that the majority of the Walpole townsite is within an 800 metre (10min walk) catchment of the property. It is considered that patrons attending the premises to purely consume alcohol should not be commuting by private vehicle.

Conclusion

Having regard to the information above, the availability of the on-street parking bays and the provision of six (6) parking spaces on the property, it is recommended that Council vary the off-street parking requirements and grant conditional approval to the proposal.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Policy / Strategic Implications:

Approval to the application as submitted would be consistent with the following strategies as identified within the Shire of Manjimup’s Strategic Community Plan 2019-2029:

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

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

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Approval to the application will facilitate the establishment of a new business within the Walpole Town Centre.

Social: The applicants are proposing a venue that will assist in providing social interaction for Walpole residents and tourists.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with clause 5.32.2.5 of Local Planning Scheme No 4 and having regard to the existence of on-street parking bays within Nockolds Street abutting the site, vary the standards of parking required for the proposed Small Bar at Lot 26 (6) Nockolds Street, Walpole; and

2. In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No 4, grants approval to the proposed Small Bar at Lot 26 (6) Nockolds Street, Walpole (TP2020/38) in accordance with the plans and correspondence shown at Attachment: 9.5.4(1), subject to compliance with the following conditions in addition to those Conditions and Advice notes which formed the resolution 27666 as shown in Appendix 9.5.4(A):

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

Reference	Document Title	Date Received
1.	Site/Floor Plan	3 March 2020
2.	Proposed Small Bar Justification	3 March 2020

b) The use hereby permitted shall not cause injury to or prejudicially affect the amenity of the adjacent accommodation or locality in general through noise, vibration or other means.

Advice to Applicant:

i) The applicant is advised that the activities being undertaken on the premises are required to comply with the Environmental Protection Act – Noise Abatement Regulations. To this end, it is recommended to the applicant that the playing of music or other amplified sound within the premises is restricted so as not to be audible from the nearest residential premises.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28137

That Council:

Reference	Document Title	Date Received
1.	Site/Floor Plan	3 March 2020
2.	Proposed Small Bar Justification	3 March 2020

b) The use hereby permitted shall not cause injury to or prejudicially affect the amenity of the adjacent accommodation or locality in general through noise, vibration or other means.

Advice to Applicant:

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.6 Delegated Planning Decisions for February 2020

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:	12 March 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 February 2020 is attached.

ATTACHMENT: 9.5.6(1)

PUBLIC Consultation Undertaken:

As shown in the attachment, where required applications were advertised in accordance with the Scheme and Council’s adopted Local Planning Policy as detailed in the Policy/Strategic Implications section below.

COMMENT (Includes Options):

During February 2020, seventeen (17) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for February 2020 compared to February 2019:

Table 1: Planning Decisions Made February 2019 and 2020

	February 2019	February 2020
Delegated Decisions	9 ($705,537)	17 ($320,140)
Council Decisions	2 ($23,000)	3 ($766,000)
Total	11 ($728,537)	20 ($1,086,140)

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	79 ($8,208,748)	76 ($5,571,887)
Council Decisions	32 ($9,364,800)	30 ($1,911,073)
Total	111 ($17,573,548)	106 ($7,482,960)

STATUTORY ENVIRONMENT:

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

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

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

Policy / Strategic Implications:

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

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receives the report on Delegated Development Approvals for February 2020 as per Attachment: 9.5.6(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28138

That Council receives the report on Delegated Development Approvals for February 2020 as per Attachment: 9.5.6(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.9.1 Manjimup Trail Bike Trails Hub - Request for Funding Implementation of Stages 1 and 2

PROPONENT	Manjimup Trail Bike Hub Inc. / Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Various
WARD:	North
ZONE:	Various
DIRECTORATE:	Community Services
FILE REFERENCE:	F161002
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	28 February 2020
DECLARATION OF INTEREST:	The author of this report is a member (Treasurer) of the Manjimup Trail Bike Hub Inc. Interim Executive Committee as a Shire representative to facilitate the Pre Stage project and manage Shire project funds.

Background:

On 1 March 2018 Council resolved:

27359

That Council

1. Coordinate and oversee the Manjimup Trail Bike Trails Hub Pre Stage project in conjunction with the Recreational Trail Bike Riders Association; and

2. Fund the Manjimup Trail Bike Trails Hub Pre Stage project in accordance with the following table:

Item	Current Budget	Proposed Budget	Change
Transfer from Strategic Asset Development Reserve	($0)	($15,000)	($15,000)
200208.1010 Trail Bike Hub	$10,000	$25,000	$15,000
Net Rates			$0

The Manjimup Trail Bike Hub (MTBH) Pre Stage project is now nearing its completion. One of the aims of the Pre Stage project was to prepare a funding proposal, as or when funding opportunities become available, for the implementation of the Hub. The Regional Economic Development (RED) Grants program (next round to be opened in April 2020) has been identified as a fitting grant opportunity.

The purpose of this report is to seek Council’s support for submitting a grant application under the upcoming RED grants program, and to consider a financial contribution of $154,500 towards this application for the implementation of Stages 1 and 2 of the Hub. This is consistent with the Sport and Recreation projects schedule as workshopped by Council on 26 November 2019.

PUBLIC Consultation Undertaken:

Whilst this particular funding request has not been consulted, the MTBH Feasibility Report was extensively consulted and produced very significant public project interest including:

· Online Registration of Interest (throughout Pre Stage project) - 125 entries

· General Public Information Session (8 June 2016) – 28 attendees

· General Public Survey (1-21 July 2016) – 51 responses

· Riders Survey (20 July to 5 August 2016) – 2,272 responses

· Focus Group: Perth Riders and Families (20 June 2016) – 9 attendees

· Focus Group: Manjimup Riders and Families (4 July 2016) – 7 attendees

· Focus Group: Manjimup Local Business (5 July 2016) – 4 attendees

· Presentation at the Manjimup Chamber of Commerce (6 July 2016)

· Stakeholder Database (throughout Feasibility project) – 121 entries

COMMENT (Includes Options):

It is considered that the MTBH presents a unique economic development opportunity for the Shire of Manjimup in addition to being considered as a sport and recreation opportunity. Perhaps the most appealing aspect of the MTBH for the Shire of Manjimup is the point of difference this type of facility would provide. Unlike anything else currently available, or at any stage of future planning, for trail bike riders in Western Australia, the MTBH has untapped potential to attract significant numbers of visitors to the region. Accompanying visitation retail business is anticipated to prosper including, but not limited to, accommodation, food, beverage, fuel, and services sectors. The MTBH Feasibility Report projected a potential annual economic benefit of more than $10 million to the region.

Following the completion of the Feasibility Report in 2017, the Pre Stage project was undertaken with the following achievements:

1. An incorporated association, the Manjimup Trail Bike Hub Inc. (MTBH Inc.), has been established as the foundation to progress the development and provide ongoing commitment and management for the Hub. The association is currently driven by an Interim Executive Committee, with representatives of the Shire, Department of Biodiversity, Conservation, and Attractions (DBCA), Department of Local Government, Sport, and Cultural Industries (DLGSC), and the Recreational Trailbike Riders’ Association of WA (RTRA), as well as several Manjimup based community drivers and business owners;

2. Concept and Implementation Plans for the MTBH were finalised and adopted by the MTBH Inc. A quick reference guide was developed to provide an overview of the six (6) stages of implementation of the MTBH, each catering for different trail bike rider segments. The guide is included in Attachment 1;

ATTACHMENT: 9.9.1(1)

3. An independent Economic Impact Assessment (EIA) of the MTBH was undertaken, as contained in Attachment 2.

ATTACHMENT: 9.9.1(2)

The EIA identified that the MTBH, upon completion of all six stages, is estimated to attract 31,000 new visitors annually, with $11.8 million in new visitor expenditure, and would contribute (directly and indirectly) $7.1 million to the local economy, in Gross Regional Product (GRP) terms. It will also, directly and indirectly, support 72 full-time equivalent (FTE) positions in the area;

4. Initial community, business, rider and government engagement has been undertaken. This included an online Registration of Interest process (with 125 people registered), the approach of local businesses, development of a MTBH logo and suite of information leaflets, and informing relevant politician and government departments;

5. A detailed Project Plan for Stages 1 and 2 has been developed, as contained in Attachment 3.

ATTACHMENT: 9.9.1(3)

The implementation of Stage 1 will see the development of the Manjimup Adventure Bike Rider Experience, and Stage 2 the development of the Manjimup Trail Bike Tourer Experience. Adventure Riders (on large motorcycles doing multi-day trips) and Tourers (on trail/enduro style motorcycles doing day/overnight trips) are the easiest segments to cater for because the motorcycles are road registered, the riders hold a drivers licence, and the activity takes place primarily on open public roads. Due to the synergy of these two stages, it is considered more effective and efficient to implement these stages concurrently, and catering for both segments will provide a greater immediate economic benefit to the region.

6. A comprehensive Business Case for Stages 1 and 2 is currently being developed by the MTHB Inc., to ensure the MTBH is ready to seek substantial project delivery funding. With what is known about the uniqueness of the project in Western Australia, the overwhelming support of trail bike riders and the prospective economic opportunity the project provides, the potential for the Shire of Manjimup to successfully source project delivery funding would be very high.

The deliverables of Stage 1 and 2 include:

· The mapping of minimum four (4) routes of 250km length each (may have overlapping components) suitable for adventure bikes, and 400km of multiple short and more technical detours off the existing routes for tourers;

· The establishment and promotion of a “Trail Bike Friendly” business program to welcome riders and provide trail bike specific products and services;

· The establishment of a website, digital downloadable maps, an experience booklet and printed maps;

· The development and roll out of a marketing campaign for the MTBH;

· The development of a management plan for the ongoing management, operations and governance of these parts of the MTBH; and

· A Volunteer and Trails Ambassadors Program and User Pays Model for all hub visitors established.

Round three of the RED grants program, a State Government’s Royalties for Regions program, will open in April 2020. Although the guidelines for this round are yet to be released, they are likely to be similar to those of the previous round, with grants providing funding up to $250,000, with a minimum of 50% matching cash contribution required. The project costs for Stages 1 and 2 are detailed in the Project Plan, and totals $309,000, thus the minimum contribution of $154,500 towards a RED application.

As the MTBH Inc. is a newly established association, and thus unable to provide evidence of previous project experience, or warrant adequate governance and risk management, it is proposed that the Shire of Manjimup be the applicant for the RED grant submission, with the MTBH being the organisation to execute the project. A written agreement between the Shire and the MTHB Inc. would guarantee the grant funds being paid to the MTBH Inc. upon successful delivery of agreed project milestones.

The Manjimup Trail Bike Trails Hub clearly is a significant strategic economic prospect; a first of its kind providing Council a unique opportunity to be ahead of the curve. It is therefore recommended that Council seize the opportunistic initiative for the Manjimup Trail Bike Trails Hub and to provide matching funding towards the RED grant application.

STATUTORY ENVIRONMENT:

The relevant statutes have been identified in the Manjimup Trail Bike Trails Hub Feasibility Report, these include:

· Road Traffic Act 1974

· Conservation and Land Management Act 2002 and Regulations

· Department of Parks and Wildlife (DBCA)

Policy 18: Recreation, Tourism and Visitor Services

Trail Development Framework

· Department of Water

Water Resources Management Act (Proposed)

Policy 13: Recreation within public drinking water sources area on Crown Land

· Control of Vehicles (Off Road Areas) Act 1978

Policy / Strategic Implications:

Strategically Council has for some time had a considerable focus on economic development in the region. Activities and events that encourage large numbers of people to the region are vitally important to community prosperity and growth.

The MTBH initiative is linked to the following strategies of the Shire of Manjimup Strategic Community Plan 2019-2029:

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

· B15. Further develop the ‘Trails Hub’ tourism destination concept and facilitate the implementation of a range of trail options connecting to and linking key destinations; and

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

Organisational risk management:

The consultative process for the overall proposal has been comprehensive and had a far reach to ensure that it meets the needs of users, local businesses and land managers. Further community consultation is to be undertaken as part of the implementation of Stages 1 & 2 once proposed routes have been mapped.

Stages 1 and 2 of the MTBH are low risk, because the motorcycles are road registered, the riders hold a drivers licence, and the activity takes place primarily on open public roads. As these riding activities take place primarily on open public roads, these markets can be attracted without any specific trails or facility development and will deliver immediate economic benefits.

Financial Implications:

The officer recommendation is that Council support the project with a contribution of $154,500 in 2020/21 and 2021/22.

Proposed Source of Funding	Amount ex GST
Shire of Manjimup	$154,500
RED grants program	$154,500
TOTAL	$309,000

As the project will be completed over two financial years (2020/21 and 2021/22), and funding is likely to be incorporated into the proposed loan funds for recreation projects, the impact of this project on the annual budget is negligible.

Sustainability:

Environmental: The Manjimup Trail Bike Trails Hub Feasibility Report involved consultation with State Government agencies which included constraint and opportunity mapping that included locations of existing environmentally sensitive areas, disease risk areas and water catchments. Initial indication of areas where trails potentially could be located are provided in the report which also meet market demands and other concerns such as noise pollution. A detailed account of the process to formalise these trails including environmental protection is also reported and would have to be undertaken in any implementation. It should be noted that any routes to be included in Stages 1 and 2 are currently already open for public motorised use.

Economic: The Manjimup Trail Bike Trails Hub Feasibility Report and independent Economic Impact Assessment identify a potential sustainable market for users of the trails hub including local, interstate and intrastate users. Significant potential for local and regional economic impact has been identified in the feasibility report. Investment is required from various government agencies as well as potential commercial operators for the establishment and maintenance of the hub.

Social: The provision of a formalised, safe and attractive network of trails for local residents and visitors to recreate on trail bikes, establishes a place where trail bike riders feel welcomed and have a high quality trails experience exploring the forest.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Advise the Manjimup Trail Bike Hub Inc. that it supports the proposed implementation of Stages 1 and 2 of the Manjimup Trail Bike Hub;

2. Agrees the Shire of Manjimup to be the primary applicant for a grant application under Round 3 of the Regional Economic Development grant program; and

3. Agree to consider the allocation of $154,500 in the 2020/2021 financial year budget for the implementation of Stages 1 and 2 of the Manjimup Trail Bike Hub subject to successful Regional Economic Development grant funding from the State Government.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

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That Council:

1. Advise the Manjimup Trail Bike Hub Inc. that it supports the proposed implementation of Stages 1 and 2 of the Manjimup Trail Bike Hub;

2. Agrees the Shire of Manjimup to be the primary applicant for a grant application under Round 3 of the Regional Economic Development grant program; and

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.9.2 Assessment of Community Sporting and Recreation Infrastructure Facilities Fund (CSRFF) 2020/21 - Manjimup Imperials Recreation Club

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:	F160253
LEGISLATION:	Nil
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	5 March 2020
DECLARATION OF INTEREST:	Nil

Background:

At the Council meeting of 23 January 2020, Council moved to support the concept, proposed by Manjimup Imperials Recreation Club (Imperials Club), for a new Amenities Building at the Manjimup Recreation Grounds. Furthermore, Council agreed to consider the allocation of $88,636 in the 2020/2021 financial year budget for this new building subject to successful Community Sporting Recreation Facilities Funding (CSRFF) from the Department of Local Government, Sport and Cultural Industries (DLGSC).

The Imperials Club has now submitted its CSRFF application for consideration by Council prior to final submission to the DLGSC.

The CSRFF small grant rounds (up to one third of the project costs for projects up to $300,000) are made available on a biannual basis and have now closed. In accordance with the State Government’s guidelines for the CSRFF grants it is a requirement that 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. The DLGSC assess applications in conjunction with relevant sporting bodies and announce successful applications in June. Successful small grant projects must be completed by the end of June in the following financial year.

Council has received only one application for the 2020/2021 February Small Grant round. The purpose of this report is to comply with the CSRFF requirements and seek Council’s determination on the support of the one application received.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Manjimup Recreation Grounds

The Manjimup Recreation Grounds (MRG) consist of a number of Shire owned and managed facilities, including a sports oval, public toilets, and an indoor stadium. The MRG 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 MRG are frequently used by the adjacent Kearnan College.

The Imperials Club owns a number of structures on the MRG (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 MRG, 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 MRG, and the lack of storage for Little Athletics.

The project has considerable merit and benefits to Imperials Club, Little Athletics, and other users of the Manjimup Recreation Grounds. The project is in line with the Manjimup Community Recreation Hub Master Plan. Furthermore the project can be regarded as ‘shovel ready’.

Recommendation

Based on the above it is recommended that Council support the Small Grant application of the Imperials Club.

STATUTORY ENVIRONMENT:

Nil.

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:

Nil.

Financial Implications:

There are no additional cost implications for Council, other than Council’s consideration to allocate $88,636 in the 2020/2021 financial year budget subject to successful CSRFF funding.

Sustainability:

Environmental: Nil.

Economic: There is likelihood that the project would boost visitation to Manjimup.

Social: The proposed facility will be utilised by a number of clubs, and schools, which will benefit from the proposed project. It will provide unisex and accessible change room facilities and toilets to allow sports participation of all kinds of people.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council advise the Department for Sport and Recreation that the Community Sporting and Recreation Facilities Fund application has considerable merit and will deliver benefits to the Shire of Manjimup and as such Council supports the application of the Manjimup Imperials Recreation Club.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28140

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.12.1 Consideration of a 40km/hr Speed Zoning on a Portion of Brockman Street, Pemberton

PROPONENT	Shire of Manjimup
OWNER	Main Roads Western Australia
LOCATION / ADDRESS:	Pemberton Town Site
WARD:	West
ZONE:	Main Road, Road Reserve
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170039
LEGISLATION:	Local Government Act 1995 Road Traffic Act 1974 Road Traffic Code 2000
AUTHOR:	Catherine Mills
DATE OF REPORT:	10 March 2020
DECLARATION OF INTEREST:	Nil

Background:

At the Council Information Briefings on13 February and 5 March 2020, Council raised the issue of speed zoning through the Pemberton town site as a result of increased heavy haulage through the town’s main street and some ‘near misses’ between pedestrians and vehicles.

To ensure a safe environment for all road users, it is necessary to review and modify certain speed zones. The enforcement of speed limits enables traffic flow, maximises road capacity, minimises overtaking and reduces crash risk. Main Roads Western Australia (MRWA) are responsible for speed zoning on highways, freeways and some major roads across the state. Speed zoning changes on local roads are at the request of the local government through MRWA. MRWA use Australian Standards and best practice from other state road authorities to develop the speed zoning guidelines. Whilst MRWA approve, install and maintain speed zone signs on all roads, requests relating to local roads must be assessed by the local government in the first instance. Should Council consider a change in speed limit is warranted, a formal request will be submitted to MRWA for assessment.

The purpose of this report is for Council to consider lobbying MRWA to approve a reduction of speed limit on Brockman Street through the Pemberton town site from 50km/hr to 40km/hr.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

From January 2020 the South Western Highway has seen a trial reduction in speed limit where the speed has been lowered to 40km/hr through Boyanup, Donnybrook, Balingup and Bridgetown. This initiative follows many discussions between locals and MRWA regarding conflict between pedestrians and vehicles in these town centres. The introduction of the lower speed zone along these sections of main streets will help manage the risk. This trial has been designed to help MRWA develop an effective speed signing plan, using conventional speed signs that will achieve the best driver compliance with a 40kmh speed limit in a town main street environment.

Brockman Street, Pemberton is a 50km/hr road section. Traffic volumes from 2019/20 through the area are approximately 1200 vehicles per day (vpd). This is a mix of approximately 78% cars and 22% heavy haulage. Whilst the traffic volumes do not trigger the reduction (≥ 6000vpd) Pemberton town site has its own unique concerns with crests in the existing road formation and some sight distance issues from connecting local streets. The increase in heavy haulage vehicles (15% 2018/19 to 22% 2019/2020) may be attributed to the change in the Restricted Access Vehicle conditions on Channybearup Road, where the restrictions have forced heavy haulage through the Pemberton town site in order to travel north onto Vasse Highway and South Western Highway. Commensurate with Road Safety Commission strategies, dropping the speed limit by 10km/hr will significantly decrease the stopping distance of vehicles and thereby increase pedestrian safety.

It should be noted that not all towns within the Shire of Manjimup can qualify for a speed reduction. Mottram Street by-pass in Manjimup is not the main town centre and therefore would not qualify for a speed reduction under the 40km/hr trial. Similarly the South Western Highway through Walpole has Nockolds Street as the town centre street – this street already has traffic calming devices in place. Wheatley Coast Road through the town of Northcliffe is a local road with low traffic volumes that would not qualify for a speed reduction.

As such, it is requested that Council support the proposed speed reduction application from 50km/hr to 40km/hr through Brockman Street, Pemberton.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Road Traffic Act 1974

Road Traffic Code 2000

Policy / Strategic Implications:

The Shire’s Corporate Business Plan 2019 – 2023 notes:

Action D16.1 Work with relevant state departments to upgrade and provide safe, sustainable road infrastructure that assists the movement of industry, agricultural products and tourism.

Organisational risk management:

Potential risk that the community will request Council to lobby for further speed restrictions throughout all town sites.

Financial Implications:

There will be some minor financial implications to the Shire by this request using officer time gaining adequate data to support the request. For example, gaining data on types and volumes of traffic using the roads, preparing the report for MRWA and preparing documents for public comment.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Improvements to the safety of both pedestrians and road users will be looked upon favourably by the community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Support the reduction of speed zone on Brockman Street, Pemberton from 50km/hr to 40km/hr;

2. Approve the public consultation of the proposed speed zone reduction on Brockman Street, Pemberton in accordance with the requirements of the Local Government Act 1995, for a period of 35 days;

3. Delegate the Chief Executive Officer to request Main Roads WA to reduce the speed zone on Brockman Street, Pemberton from 50km/hr to 40km/hr pending no objections from the public consultation; and

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

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28141

That Council:

1. Support the reduction of speed zone on Brockman Street, Pemberton from 50km/hr to 40km/hr;

2. Approve the public consultation of the proposed speed zone reduction on Brockman Street, Pemberton in accordance with the requirements of the Local Government Act 1995, for a period of 35 days;

3. Delegate the Chief Executive Officer to request Main Roads WA to reduce the speed zone on Brockman Street, Pemberton from 50km/hr to 40km/hr pending no objections from the public consultation; and

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

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.16.2 Unconfirmed Minutes of the Access and Inclusion Advisory Committee Meeting Held 13 February 2020.

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	All
DIRECTORATE:	Community Services
FILE REFERENCE:	F170451
LEGISLATION:	Disability Services Act 1993 Commonwealth Disability Discrimination Act 1992 Equal Opportunity Amended Act Western Australia 1998
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	13 March 2020
DECLARATION OF INTEREST:	Nil

Background:

The unconfirmed Minutes and action items of the Access and Inclusion Advisory Committee (AIAC) meeting held 13 February 2020 are attached.

ATTACHMENT: 9.16.2(1)

ATTACHMENT: 9.16.2(2)

PUBLIC Consultation Undertaken:

COMMENT (Includes Options):

There is one recommendation from the minutes that will be dealt with administratively.

Committee Recommendation	Officer Recommendation
Request for Council to have investigated the best means to provide improved accessibility for seniors and disable to access the Walpole Recreation Centre.	Supported, investigation to be dealt with administratively.

STATUTORY ENVIRONMENT:

- Disability Services Act 1993

- Commonwealth Disability Discrimination Act 1992

- Equal Opportunity Amended Act Western Australia 1998

Policy / Strategic Implications:

- Shire of Manjimup Access and Inclusion Plan 2013 – 2018

- Shire of Manjimup Access and Inclusion Policy 3.8.1

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Accessible and Inclusive communities create opportunities for all people to genuinely reside within and play an active part within the broader community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the unconfirmed Minutes of the Access and Inclusion Advisory Committee meeting held 13 February 2020 as per Attachment: 9.16.2(1) & Attachment: 9.16.2(2).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28142

That Council receive the unconfirmed Minutes of the Access and Inclusion Advisory Committee meeting held 13 February 2020 as per Attachment: 9.16.2(1) & Attachment: 9.16.2(2).

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.3.1 Proceeds of Sale - No 7 (Lot 329) Blackbutt Drive

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Various
WARD:	Central
ZONE:	Residential & Parks and Recreation
DIRECTORATE:	Business
FILE REFERENCE:	F200044
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	21 February 2020
DECLARATION OF INTEREST:	The author of this agenda item is a tenant at 33B Leman Street, Manjimup

Background:

At its Ordinary Meeting held on 25 July 2019, Council resolved (Resolution 27890) to proceed with the valuation and sale of No 7 (Lot 329) Blackbutt Drive being a single residential property previously utilised for the provision of employee housing. The property being owned freehold by the Shire of Manjimup.

In accordance with the resolution of Council, a market valuation was obtained indicating that a likely selling range of $280,000 to $300,000 would be applicable. An auction was then held on 14 December 2019. Due to no bids being received, the property was passed on and subsequently listed for sale.

Subsequently at its Ordinary meeting held on 13 February 2020, Council resolved to accept an offer of $279,000 in accordance with the following resolution:

28124

That Council authorise the Chief Executive Officer to proceed with disposal of 7 Blackbutt Drive, Manjimup at the reduced price of $279,000 within six months of the auction held on 14 December 2019.

Subsequently the Chief Executive Officer (CEO), on behalf of Council, entered into a contract of sale, being subject to the purchaser obtaining finance. As at the time of preparing this agenda item, the purchasers had obtained finance. Only a structural building inspection remained outstanding for the offer and acceptance to become unconditional. Settlement is due at the end of April 2020.

Having regard to the costs associated with the sale, including the real-estate agents commission and settlement costs, it is estimated that the total income from the sale will be $269,000. Council is now requested to consider utilising the proceeds from the sale to further progress a rationalisation of Shire Housing assets and to complete some minor improvements to remaining housing stock owned by the Shire.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As outlined within the 25 July 2019 agenda item, elected members were advised that there was potential to utilise the funds received from the sale to be used as follows:

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

b) towards the construction of new employee housing.

It was further recommended that once the property has been sold, further consideration be given to the use of the resultant funds as follows:

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

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

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

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

Need for Housing

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

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

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

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

iv) emergency accommodation for employees.

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

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

Other Shire Housing

With the Blackbutt Drive home now sold, the only remaining residential property owned by the Shire is Lot 343 being on the corner of Leman and Arnott Streets. As a 2,367m² property, Lot 343 is developed with three homes, comprising of:

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

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

The Arnott Street home was traditionally used to house the CEO. Whilst in slightly better condition than the Blackbutt Drive property, the home requires significant maintenance upgrades and is no longer considered an executive standard home. The last time the home was occupied by a Shire CEO was in the mid 2000’s.

The duplex located on Leman Street being 10 years younger than the Arnott Street home also require some maintenance. However, given the smaller size, the younger age of the dwellings and the fact some major items such as bathroom improvements have previously been completed, the remaining maintenance items are at a scale that can be addressed through the Shire’s annual Building Maintenance program.

Potential to Dispose of Arnott Street Dwelling

Given the significant cost associated with bringing the Arnott Street home up to a modern standard, it is recommended that the home be sold.

To achieve this, it will be necessary for Lot 343 to be subdivided along the existing common fence between the units and the home, creating a separate title for the home. Costs associated with completing a subdivision include:

a) Western Australian Planning Commission application fees of $3,335 plus $76 per lot;

b) Costs associated with ensuring separate services for the resultant lots, which are to be confirmed;

c) Survey fees, plus application fees for the creation of a new title; and

d) Commission and Settlement Fees.

It is estimated that the total costs associated with the above could be in the order of $25,000 to $50,000, dependant on the costs associated with meeting conditions of subdivision that may be applied. The costs associated with the works to ensure separate services for the resultant lots will only be confirmed once the conditions of any subdivision approval are known.

It is therefore recommended that Council commit to proceeding with the subdivision application only at this stage. Once approval is maintained a detailed costing will be prepared based on the applied conditions of approval.

Potential Sites for Replacement Assets

In order to facilitate the construction of new accommodation options, it has been identified that the Shire holds a Management Order over Reserve 40442 (Lot 775) Karri Street, Manjimup. This reserve has an area of 2,256m² and is located on the corner of Karri Street and Melaleuca Court. With a 15.5m front to Melaleuca Court, this reserve tappers down is size to 11.4m in depth on the western boundary.

Given the narrow nature and relatively small area of the reserve, development of the land for recreation purposes is not considered to be viable. Having regard to the location of the far more substantial Anunaka Park some 125 metres to the north, which is connected to Karri Street via a footpath adjacent to the site, the reserve is considered to be surplus to the Shires’ reserve requirements.

In accordance with the Residential Zoning and the applicable density of R20, it would be possible for three homes to be developed on area of 1,350m². The potential for housing development would include a single dwelling being a four bedroom, two bathroom home facing Melaleuca Court and two smaller three bedroom homes facing Karri Street. A plan showing the location of the reserve and a more detailed plan of the developable area of the lot is shown overleaf.

It is recommend the portion of land that is not to be used for employee accommodation, being approximately 906m², be sold to the adjacent landowner to provide their property with direct frontage to Karri Street, facilitating the future structure planning and subdivision of their land.

In order to use the reserve for employee housing, an application must be lodged with the Department of Lands and Heritage for a change of the vesting purpose from “Recreation” to “Employee Housing”.

The Shire would also have the opportunity to purchase the land at market value. When purchasing a crown reserve, the local authority can obtain approval from through the Department of Planning, Lands and Heritage (DPLH – Lands) to acquire the land at 5% of the market value, provided that it demonstrates that the balance of the value (95%) is spent on upgrading remaining open space in the area.

It is therefore recommended that the CEO liaise with DPLH – Lands over the vesting and/or purchase of the land for employee housing.

Infant Health Clinic

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

Plan of Reserve 40442

The Shires Municipal Heritage Inventory identifies that the Infant Health Clinic (fmr) was constructed in 1945/46. The site comprises the former Infant Health Clinic building, which the Inventory describes as being “a single storey brick and tile building built on a domestic scale similar to houses built in the Inter-War period.” The Inventory also identifies that “much of the architectural interest in this building is concentrated on the design of the entrance portico, which together with the symmetry of the front façade, displays a number of characteristics of the Inter-War Stripped Classical Style. A simple brick and tile garage is also located to the rear of the building.

The Infant Health Clinic is a State Listed Heritage Building and has also been classified by the National Trust. The Heritage value is considered to fall within the categories of Aesthetic, Historic, Representativeness, Social and Rarity.

The Infant Health Building has been used for various purposes over the years including a Youth Services Hub and as an administration Office for the Walgenup Aboriginal Corporation. The building has been vacant for a number of years with the last lessee (Walgenup) surrendering their lease approximately 3 years ago.

Given the current state of the building, access, ablution facilities and amenities, extensive modifications including structural modification of the building would be required to facilitate a commercial or community purpose use. These modifications would include the establishment of accessible compliance access to and throughout the building, accessible compliance toilets and energy efficiency. Whilst significant improvements will still be required to facilitate residential use, this would not involve structural modification as would be required for a commercial use.

It is recommended that Council give consideration to converting the premises to a dwelling and the cost of the works be quantified for Council’s consideration.

STATUTORY ENVIRONMENT:

With respect to creating a separate title for the home on Arnott Street, an application to subdivide Lot 343 must be lodged with an approved by the Western Australian Planning Commission in accordance with the Planning and Development Act 2005.

In order to then proceed with disposal of the home, in accordance with clause 3.58(2) of the Local Government Act 1995 a local government can only dispose of property to:-

a) The highest bidder at a public auction; or

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

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

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

Policy / Strategic Implications:

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

B15 – Providing development opportunities; and

D4 – Development and maintenance of community owned infrastructure.

Organisational risk management:

Subject to settlement of the sale of the Blackbutt Drive home, the Shire will be the owner of three dwellings used for employee accommodation. Disposal of the Arnott Street home as proposed will reduce the potential for the Shire to be exposed to increase costs associated with the maintenance and improvement of the property.

Financial Implications:

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

Sustainability:

Environmental: Nil.

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

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

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That subject to the settlement of No 7 (Lot 329) Blackbutt Drive, Manjimup, Council:

1. Adjust the 2019/2020 adopted budget in accordance with the following table:

Description	Current Budget	Revised Budget	Variation
Proceeds from Sale of No 7 (Lot 329) Blackbutt Drive, Manjimup	($0)	($269,000)	($269,000)
Application Fees for proposed Two Lot Subdivision -	$0	$3,487	$3,487
Transfer to Building Maintenance Reserve	$0	$265,513	$265,513
Net Rate Funds			$0

2. Proceed with an application to subdivide Lot 343 on the corner of Leman Street and Arnott Street, Manjimup with a view to containing the home at No 20 Arnott Street on a separate certificate of title;

3. Agree in principle to set aside the balance of the income generated from the sale of No 7 (Lot 329) Blackbutt Drive, Manjimup for the purposes of employee housing;

4. Agree in principle with the conversion of the Infant Health Clinic on the corner of Moore and Rutherford Street to a dwelling for use as staff accommodation, subject to confirmation of the costs associated with the conversion to ensure a suitable standard of home;

5. Request the Chief Executive Officer to apply for modification of the current vesting of Reserve 40442 (Lot 775) Karri Street, Manjimup; and

6. Await further agenda items relating to the associated costs in respect of:

a) The subdivision of No 20 Arnott Street, Manimup in accordance with point 2 above; and

b) The potential conversion of the Infant Health Clinic in accordance with point 4 above.

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Taylor, R

28143

That subject to the settlement of No 7 (Lot 329) Blackbutt Drive, Manjimup, Council:

1. Adjust the 2019/2020 adopted budget in accordance with the following table:

Description	Current Budget	Revised Budget	Variation
Proceeds from Sale of No 7 (Lot 329) Blackbutt Drive, Manjimup	($0)	($269,000)	($269,000)
Application Fees for proposed Two Lot Subdivision -	$0	$3,487	$3,487
Transfer to Building Maintenance Reserve	$0	$265,513	$265,513
Net Rate Funds			$0

3. Agree in principle to set aside the balance of the income generated from the sale of No 7 (Lot 329) Blackbutt Drive, Manjimup for the purposes of employee housing;

5. Request the Chief Executive Officer to apply for modification of the current vesting of Reserve 40442 (Lot 775) Karri Street, Manjimup; and

6. Await further agenda items relating to the associated costs in respect of:

a) The subdivision of No 20 Arnott Street, Manimup in accordance with point 2 above; and

b) The potential conversion of the Infant Health Clinic in accordance with point 4 above.

CARRIED: 10/0

Councillor Dawson Vidovich declared a Financial Interest in this item as she has recently registered a business with the intention to operate from home in the future. Councillor Dawson Vidovich did not speak or vote on the matter and left the Chamber at 5.57pm.

APPENDIX

9.5.1 Proposed Adoption of Draft Local Planning Policy 6.1.6 - Home Based Business

28099)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:	Kaylene Roberts
DATE OF REPORT:	3 March 2020
DECLARATION OF INTEREST:	Nil

Background:

The current Local Planning Policy 6.1.6 – Home Based Business was adopted by Council in 2016. Subsequently at the 23 January 2020 Ordinary Council meeting, Council was requested to consider a revised policy. A copy of the current Policy is appended.

APPENDIX: 9.5.1(A)

As outlined in the January 2020 agenda the draft Policy contains the following changes from the current policy:

Home Office Exemptions

References to Home Office were been removed from the draft Policy as a “Home Office” does not require the approval of the Shire.

Clarifications

Introduction of a requirement for frequent Garage Sales to obtain approval. This was not previously considered under the current Policy.

Requirements for advertising of applications were 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.

Updating of references to Shire Officer’s to reflect the current Organisational Structure.

Council resolved (Resolution 28099) to advertise the draft Local Planning Policy 6.1.6 – Home Based Business (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 shown as Appendix: 9.5.1(B).

APPENDIX: 9.5.1(B)

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 as advertised.

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 26 February 2020. No public comments were received during the advertising period.

COMMENT (Includes Options):

Given there were no submissions received and no further modifications of the policy are proposed, it is recommended that Council adopt the Policy as shown at Appendix: 9.5.1(B).

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Clause 2.4 of Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

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

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

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 the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.6 – Home Based Business as shown at Appendix: 9.5.1(B); and

2. Authorised the Chief Executive Officer to advertise the 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: Darin, J Seconded: Winfield, C

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That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.6 – Home Based Business as shown at Appendix: 9.5.1(B); and

2. Authorised the Chief Executive Officer to advertise the 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.

CARRIED: 9/0

Councillor Dawson Vidovich returned to the Chamber at 5.57pm.

Councillor Taylor declared a Financial Interest in this item as he is the lease holder of Lot 239 Windy Harbour. Councillor Taylor did not speak or vote on the matter and left the Chamber at 5.57pm.

ATTACHMENT

9.5.2 Release of the Assessment of Coastal Erosion Hotspots in WA (2019)

PROPONENT	Government of Western Australia
OWNER	N/A
LOCATION / ADDRESS:	Windy Harbour
WARD:	Coastal
ZONE:	Special Use
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F2000067
LEGISLATION:	Local Government Act 1985 Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	4 March 2020
DECLARATION OF INTEREST:	Nil

Background:

In 2018 a State-wide study of the extent and scale of coastal erosion was undertaken in Western Australia (WA). The Assessment of Coastal Erosion Hotspots in WA identified 55 locations, incorporating 40 regional hotspots where coastal erosion is expected to have a significant impact on public and private property or infrastructure in the next 25 years.

A hotspot typically has the following characteristics:

1. Proximity: infrastructure close to the existing shore, or landward of progressively and rapidly eroding coast;

2. Instability: typically, subject to progressive or episodic erosion;

3. Mitigation cost: costs of likely forms of erosion mitigation are high;

4. Transfer: limited capacity to manage future erosion using existing coastal protection measures or extension of existing coastal protection is likely to exacerbate erosion transfer; and

5. Community: highly valued by the community.

The study recommended actions to address issues associated with governance and management of hotspots. The recommendations are listed in Coastal Erosion Hotspots Information Sheet attached.

ATTACHMENT: 9.5.2(1)

The recommended actions as applicable to the Shire are:

· For local coastal managers to prepare detailed hotspot specific Coastal Hazard Risk Management and Adaption Plans (CHRMAP) to address risk to public and private assets from coastal hazards; and

· To undertake a State-wide comprehensive review of lease agreements to support coastal management and adaptation pathways.

An assessment undertaken in 2019 by the Department of Planning, Lands and Heritage (DPLH) identified Windy Harbour at hotspot #49 as it meets the characteristics above. As reflected within the assessment sheet, whilst the majority of the coast fronting Windy Harbour has experienced accretion of more than 150 metres since 1946, the coast and infrastructure adjacent to the boat ramp may be at risk in the short term. A copy of the assessment sheet is attached.

ATTACHMENT: 9.5.2(2)

DPLH has recently written to the Shire of Manjimup to raise awareness of the risk of coastal erosion and to make note that some activities/actions that need to be undertaken. The letter from DPLH is attached.

ATTACHMENT: 9.5.2(3)

Council is now requested to consider the recommendations relating to the Assessment of hotspot #49.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As reflected within the assessment shown at Attachment: 9.5.2(3), the Shire of Manjimup has not progressed towards the preparation of a Coastal Hazard Risk Management and Adaptation Plan (CHRMAP). The assessment sheet furthermore identifies that:

a) 3 public assets will be susceptible to erosion hazards over the next five years, being the Boat Ramp, Wooden Stairs and the 4WD Beach access to the east of the boat ramp;

b) A further 2 assets being the boat ramp carpark and the volunteer Sea Rescue Building in a 5-25 year timeframe.

The assessment identifies costs associated with the preparation of the CHRMAP for the 0-25 year period is likely to be a combined total of $100,000.

DPLH offer guidance for the preparation of a site specific CHRMAP and the guidelines explain that a CHRMAP provides a method for testing risk (uncertainty) arising from coastal hazards and timeframes, and the treatment of this risk. Put simply, the site specific CHRMAP identifies the risks and puts in place a plan to management and/or adapt to the risks.

Should a CHRMAP be prepared, it is expected that strategies for the management or relocation of assets would be identified and appropriate funding mechanisms noted.

Consistency with Strategic Corporate Plans

The current Strategic Community Plan 2019-2029 does not make specific reference to the allocation of funds to address coastal management at Windy Harbour. As a result the expenditure of funds for a CHRMAP has not been contemplated within Corporate Business Plan 2019-2023.

Whilst the information provided by DPLH highlights the urgent need for preparation of a CHRMAP to address the risk coastal processes pose to existing coastal infrastructure at the settlement, Council must consider the need for funding against all other resource demands.

Conclusion

The identification of Windy Harbour as a coastal erosion hotspot has increased the Shire’s opportunity to successfully gain State Government funding for coastal planning and management. Access to this funding will greatly assist the Shire in addressing potential coastal management issues that have been identified.

It is therefore recommended that Council contemplate the inclusion of recommendations into the Strategic Community Plan 2019-2029 and Corporate Business Plan 2019-2023 at the time of their next review. A review of the plans is scheduled to be completed by 30 June 2020.

STATUTORY ENVIRONMENT:

Local Government Act 1985 Planning and Development Act 2005

Policy / Strategic Implications:

The preparation of a CHRMAP will assist in the delivery of the following strategies within the Strategic Community Plan 2019-2029.

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

D7. Plan for and manage Windy Harbour holiday settlement infrastructure needs.

Organisational risk management:

The preparation of a coastal hazard risk management and adaptation plan will identify the risks to public and private infrastructure at Windy Harbour, this plan will thoroughly address the infrastructure mentioned in the State Governments assessment and plan for the future.

Financial Implications:

The Assessment of Coastal Erosion Hotspots in WA has identified tasks that require a financial commitment of up to $1.6 million. As Windy Harbour has been assessed as a Hotspot, opportunities for grant funding to assist in adaptation and management should become more accessible.

DPLH is encouraging the Shire of Manjimup to apply for grant funding under the current round of funding (closing April 2020), to assist in the preparation of a CHRMAP. With grant funding available of up to 50% of the value the Shire would be required to contribute $50,000. In order for the Shire to qualify for grant funding under the current round of funding, Council would need to allocate an amount of $50,000 within the 2020/21 annual budget. Given the current economic climate, it is recommended that funding be allocated within a future budget cycle.

Sustainability:

Environmental: Erosion is a natural coastal process that creates hazards and may threaten coastal assets and/ or values. The cause of erosion and its impacts varies between locations, influencing possible management solutions.

Economic: Shire funding can apply for coastal grant funding as a 50% co-contribution towards planning and risk management and adaptation.

Social: Windy Harbour is a location that has high community value, the infrastructure provided to the public is well utilised.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Note that Windy Harbour has been identified as a Coastal Erosion Hotspot by the Western Australian Government;

2. Recognise that with the identification of Windy Harbour as a Hotspot there is greater potential for associated funding to be obtained through coastal grants;

3. Defer the submission of an application for Coastal Funding for an amount of $50,000 towards the preparation of a Coastal Hazard Risk Management and Adaption Plan subject to the allocation of suitable funds within a future annual budget and advise the Department of Planning, Lands and Heritage accordingly;

4. Give consideration to the following items being included as part of the next review of the Shire’s Corporate Business Plan 2019-2023:

a) The need for an allocation of $50,000 for co-funding of the preparation of planning framework for retreat in the next level of coastal management over the next 25 year period and to identify funding mechanisms.

b) An allocation of up to $250,000 to allow for co-funding to increase tolerances of existing structures to shoreline variation including reinforce sides of boat ramp and deep foundations for stair support. Timeframe to be 0-5 years.

c) A separate long term allocations of $250,000 to allow for co-funding to relocate the stairs to landward if severe erosion occurs and to repeat the increase to tolerances of structures over the next 5-25 year period; and

5. Acknowledge that the next review of the Windy Harbour Management Plan should be preceded by the first coastal planning framework with recommendations to reflect the outcomes of the report and the need to complete a further assessment for the longer 5-25 year expected issues.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

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That Council:

1. Note that Windy Harbour has been identified as a Coastal Erosion Hotspot by the Western Australian Government;

2. Recognise that with the identification of Windy Harbour as a Hotspot there is greater potential for associated funding to be obtained through coastal grants;

4. Give consideration to the following items being included as part of the next review of the Shire’s Corporate Business Plan 2019-2023:

CARRIED: 9/0

Councillor Taylor returned to the Chamber at 5.58pm.

ATTACHMENT

9.5.5 Proposed Liquor Store and New Drive-through Service Area - Lot 109 (Lot 2) Giblett Street, Manjimup

PROPONENT	E Fallens on behalf of Mila Holdings
OWNER	Orebo Pty Ltd
LOCATION / ADDRESS:	No 109 (Lot 2) Giblett Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA20/52; P51115
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	12 March 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for approval to the establishment of an extended Liquor Store and new Drive-through Service Area associated with the Manjimup Hotel. A location plan is shown below.

At its Ordinary Meeting held on 14 November 2019, Council granted conditional approval to a staged redevelopment at the Manjimup Hotel (Resolution 28030)

a) Modification of that portion of the Manjimup Hotel previously known as the Winter Court to facilitate the establishment of a Microbrewery and Distillery;

b) Establishment of Alfresco Dining areas within the existing licensed area at the front of the Winter Court Building; and

c) A potential Beer Garden to be established at the rear of the existing development.

Whilst granting approval to the first two aspects of the submitted application, Council deferred consideration of a Beer Garden that was to be located at the rear of the hotel.

The applicants are now seeking approval to the following works as detailed on the submitted plans:

1. Establishment of a new Liquor Store being 7.8m by 9.645m (75.23m²) within the area currently occupied by the Drive-through Service Area;

2. Installation of a new Liquor Store coolroom within the area previously occupied by the Liquor Store;

3. Replacement of the current Liquor Store storage and coolroom areas with a new coolroom to service the approved Microbrewery/Distillery; and

4. Installation of a new Drive-through Service area within the existing southern setback, which is currently a private laneway connecting between Giblett Street and Guadagnino Lane.

A copy of the submitted application, including artistic impressions of the development is shown attached.

ATTACHMENT: 9.5.5(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of the Shires Local Planning Scheme No 4 (the Scheme), include the subject land within the Town Centre Zone. In accordance with clause 67 of the Deemed to Apply provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, the Local Government must have regard to various matters, including but not limited to:

(a) The aims and objectives of the Scheme;

(k) The built heritage conservation of any place that is of cultural significance;

(l) The effect of the proposal on the cultural heritage significance of the area in which the development is located;

(m) The compatibility of the development with its setting including the relationship of the development to development on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

(p) Whether adequate provision has been made for the landscaping of the land to which the application relates;

(w) The history of the site where the development is to be located.

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

Land Use Classification

A “Liquor Store” is consistent with the definition of a “Shop” under the Scheme, being a premises “used to sell goods by retail, hire goods, or provide services of a personal nature (including a hairdresser or beauty therapist) but does not include a showroom or fast food outlet”. The Drive-through service area is considered to be incidental to the Liquor Store.

Use Class

A shop is a “P” use within the Town Centre Zone that is a use that is “permitted by the Scheme providing the use complies with relevant development standards and the requirements of the Scheme”.

Compliance with Purpose and Objectives of the Zone

The proposed use is consistent with the purpose of the Town Centre Zone, which, as prescribed by part 4.2 of the Scheme is “to provide for the establishment and ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of surrounding areas.”

Heritage

The Shire of Manjimup’s Municipal Heritage Inventory (the Inventory) identifies the Manjimup Hotel as having Heritage Value, applying a management category of B. The Inventory also identifies that the Hotel forms an integral part of the Giblett Street Commercial Precinct, which also has a recommended management category of B. That is, a place that is:

“Worthy of a high level of protection: provide maximum encouragement to the owner under the Shire of Manjimup Town Planning Scheme to conserve the significance of the place. A more detailed Heritage Assessment/Impact Statement to be undertaken before approval given for any major redevelopment. Incentives to promote conservation should be considered.”

Information contained in the Inventory identifies that the Manjimup Hotel was originally built in c1912, reflecting the typical architectural style of hotels in rural areas throughout the south-west. The hotel and its façade were substantially modified in the 1930’s. The hotel was substantially modified again by the Swan Brewery in the 1970’s, including construction of the Wintercourt section of the premises and the existing bottleshop and Drive-through service areas.

Although not reflected within the current Inventory, the Wintercourt building, existing Bottle Shop and Drive-through service areas have little to no heritage value given its age. Whilst the Drive-through bottleshop and the side (laneway) wall of the Wintercourt building contribute to the current streetscape these do not complement other heritage buildings within the precinct.

Heritage Impact Assessment

As stated above, the development relates to a portion of the Manjimup Hotel that was constructed in the 1970’s. It is considered that the works will not impact on the Heritage Values of the site. Furthermore it is also considered that the current development is not consistent with the appearance of adjacent buildings.

As detailed within the application, the external façade of the new development will use colours selected from the Shire endorsed colour schemes for use in the heritage precinct. These are to be white and monument, a similar colour palette to the Tall Timbers development.

The uses proposed are consistent with the historic use and development of the site and the proposed development will not detrimentally impact on the Heritage value of the Manjimup Hotel.

Landscaping Improvements

The artist impressions that have been submitted (refer Attachment: 9.5.5(1)) indicate that a barrier in the form of a hedge planting will be established along the front boundary between the Drive-through bottleshop driveway and the primary hotel building. A new access point, possibly including steps will be established central to the landscape hedge.

Landscaping as shown in the artistic impression will in Officers opinion greatly improve the presentation of the development and the associated street scape.

By establishing an effective barrier, this would result in the front setback potentially being suitable for a Beer Garden. Whilst not forming part of this application, discussion with the proponents indicates that this may be their intention. Further information on this is provided in the section titled “Revised Beer Garden Proposal” overleaf.

Carparking Requirements

The provisions of the Scheme identify that carparking for a shop is required at one carparking bay per 25m². As detailed above, the proposed Liquor Store will occupy the area previous developed as the Drive-through service area and will have an area of approximately 75.23m².

Establishment of the Liquor Store as proposed would therefore normally draw a parking requirement of 3 carparking bays.

In terms of the Drive-through Service area, the Scheme does not identify any specific carparking requirements. Given this, the level of parking required is to be “determine by the local government after consideration of the parking need generated.”

Within the drive through service area one lane has been identified park and shop and one for in car service. Adequate provision has therefore been made for the parking of one “stop and shop” and one “in car” car parking bay under the Drive-through canopy. Additional parking associated with the Drive-through could also be provided in the form of additional “stop and shop” parking bays to the rear of the Drive-through service area, along with queing for between two and four parking bays between the service area and Giblett Street.

On basis that a minimum of three “stop and shop” parking bays are provided sufficient parking will be provided for both the Drive-through service and additional bottleshop area.

Existing Carparking

In assessing the previously approved Micro Brewery/Distillery a detailed assessment of parking associated with the Hotel development was completed. This assessment identified that a total of 168 car parking bays are available to cater for the development. The bays were provided in four carparks off Rose Street, each containing 40 bays and 8 bays located along the rear of the building.

By approving the brewery and distillery uses, the associated equipment reduces the public area within the “Wintercourt” building will be reduced by approximately 200m². With the provisions of the Scheme requiring car parking at a rate of 1 per 5m² for a tavern, the level of parking required under the Scheme was effectively reduced by 40 bays. Allowing for 10 bays to service the Alfresco Dining Area as previously approved by Council, an excess of 30 parking still remains.

Signage

Within the artistic impressions, a rather large sign is shown adjacent to the main hotel building. From the details provided it is not clear as to whether this sign would be painted on or attached to the building. In any event, further details are required in order to determine the impact on the signage.

It is therefore recommended that approval is not granted to the signage at this stage. It is furthermore recommended that the applicants be advised that Council will not be prepared to support a separate freestanding sign projecting in front of the building as this will detract from the art deco appearance of the hotel and detrimentally impact on the streetscape.

Revised Beer Garden Proposal

As outlined in the November 2019 agenda item, the applicants had indicated a future stage of the redevelopment would possibly include a Beer Garden to be located at the rear of the hotel.

Through discussions with the applicant, it appears that their preference is now for the establishment of a Beer Garden at the front of the hotel, including that area previously occupied by portion of the bottle shop driveway to the north of the existing canopy. Whilst not forming part of the current application, it is recommended that some consideration be given to this in order to appropriately inform the applicant.

The previous approval to alfresco dining allowed for seating for up to 40 people within the current licensed area in front of the Wintercourt Area. On the basis of one parking bay being required per 5m² of public area the balance of the car parking (30 bays) can cater for a beer garden having an area of 150m².

From examination of aerial photography, a beer garden located at the front of the Wintercourt, could have an area of up to 139m², excluding the alfresco dining area. It is considered that the balance of the available parking bays would be adequate for cater for a new Beer Garden.

In order to expedite the approval process for the Beer Garden at the front of the hotel, it is recommended that the Chief Executive Officer be granted delegated authority to approve an application once received.

STATUTORY ENVIRONMENT:

Applications for Development Approval are assessed against the requirements of the Shire’s Local Planning Scheme No 4, which was prepared in accordance with the requirements of the Planning and Development Act 2005.

Policy / Strategic Implications:

The proposal as submitted is consistent with the following Strategies as outlined in the “Our Prosperity” section of the Shire of Manjimup Strategic Community Plan 2019-2019:

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

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

Organisational risk management:

Nil.

Financial Implications:

The proponent has paid the required development fee as per the 2019/2020 adopted Fees and Charges.

Sustainability:

Environmental: Nil.

Economic: Approval to the application as submitted will provide support to a the continuation of an existing business activity with the Manjimup Town Centre.

Social: Approval to the application will result in a dramatic improvement to the external appearance of the existing building, positively contributing to the streetscape, whilst not detracting from the heritage value of the area.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. 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 Bottleshop and Bottleshop Drive-through Service Area on No 109 (Lot 2) Giblett Street, Manjimup (Application TP52/2020) in accordance with the plans and specifications attached at 9.5.5(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
1.	Site Plan	11 March 2020
2.	Floor Plan	11 March 2020
3.	Artistic Impressions	11 March 2020

b) This approval does not include approval to the conceptual signage shown on the artistic impressions submitted as further detail is required to facilitate assessment of this aspect of the proposal.

c) A minimum of three (3) “stop and shop” parking bays being provided on site to the satisfaction of the Shire of Manjimup.

d) Prior to occupation or commencement of the use, a signage strategy for the site / development shall be prepared and submitted to the Shire as a separate application for planning approval.

e) Prior to commencement of the use hereby approved, the applicant shall supply details in respect of any and all proposed lighting for the approval of the Shire.

f) All structures and their associated footings being wholly contained within the land.

g) All stormwater and drainage runoff is to be retained on the subject property or to be provided with stormwater drainage connections to the drainage system in the area at the developers cost to the satisfaction to the Shire of Manjimup.

h) The existing vehicle crossover being closed and being paved to match the existing paving and kerb on the adjacent footpaths at the developers cost, with all work to be to the satisfaction of the Shire of Manjimup.

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. (Land clearing to facilitate development and BAL report is permitted).

ii) Further to condition (b) above, the applicant is advised that the Shire of Manjimup will not support the installation of a freestanding sign as shown on the submitted artistic impressions as it is considered such signage would detrimentally impact on the appearance of the existing hotel building. The applicants are encouraged to ensure signage the subject of any future application is designed so as not to detract from the art deco appearance of the main hotel building.

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

2. The Chief Executive Officer be granted delegated authority to determine a future application for the establishment of a Beer Garden within the front setback of the Manjimup Hotel without a requirement for additional parking. No additional parking being required as a result of the current parking requirements being reduced due to the partial conversion of the Wintercourt building to a Brewery/Distillery, as approved by Council under Resolution 28030 passed on 14 November 2019.

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Dawson Vidovich, S

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That Council:

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	11 March 2020
2.	Floor Plan	11 March 2020
3.	Artistic Impressions	11 March 2020

b) This approval does not include approval to the conceptual signage shown on the artistic impressions submitted as further detail is required to facilitate assessment of this aspect of the proposal.

c) A minimum of three (3) “stop and shop” parking bays being provided on site to the satisfaction of the Shire of Manjimup.

d) Prior to occupation or commencement of the use, a signage strategy for the site / development shall be prepared and submitted to the Shire as a separate application for planning approval.

e) Prior to commencement of the use hereby approved, the applicant shall supply details in respect of any and all proposed lighting for the approval of the Shire.

f) All structures and their associated footings being wholly contained within the land.

Advice to Applicant:

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

RECOMMENDATION carried 8/2

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

ATTACHMENT

9.9.3 Request Approval to Expend Reserve Funds - Proposed Contribution towards Pemberton Trails Town Concept Plan and Business Case

PROPONENT	Department of Local Government, Sport and Cultural Industries
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Pemberton Swimming Pool (Mountain Bike Park), Gloucester National Park
WARD:	West
ZONE:	Parks & Recreation, National Park and Other Conservation Reserves
DIRECTORATE:	Community Services
FILE REFERENCE:	F160255
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	11 March 2020
DECLARATION OF INTEREST:	Nil

Background:

In 2012 Pemberton was identified as having the potential to become a Trail Town in the “World Class Trail Hub Strategy” report funded by Department of Local Government, Sport and Cultural Industries (DLGSC) and the Department of Biodiversity, Conservation and Attractions (DBCA). In addition, Pemberton is identified in the top three towns having potential for national significance in the South West Mountain Bike Master Plan (2015).

Since the initial Trail Hub assessment, some progress has been made (as outlined below) to achieve the community’s aspiration to become a trail town. DLGSC has now offered the Shire of Manjimup to partner in the undertaking of a concept plan and business case required to achieve Trail Town status. The offer of DLGSC is attached.

ATTACHMENT: 9.9.3(1)

The purpose of this report is for Council to contemplate the DLGSC’s request for a contribution of $5,000 towards their offer of $20,000 funding.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Pemberton Trails

The Pemberton Mountain Bike Park, owned by the Pemberton Visitor Centre (PVC), has received significant Commonwealth funding and at least six Lotterywest grants over the past ten years driven by local volunteers. The Park and its volunteers have increased mountain bike participation rates in the local community and progressed the town to become an events destination for trail running and mountain bike events.

Pemberton intersects with both the Bibbulmun Track and Munda Biddi Trails and hosts numerous dual use walking and mountain bike trails in spectacular scenery including Beedelup and Warren National Parks. The town has a large accommodation offering and there is broad community support for trails tourism in the town.

Pemberton Trail Town

The Western Australian Strategic Trails Blueprint 2017-21 (Blueprint) is the guiding document for government and communities to develop, maintain and manage a broad range of trails across metropolitan and regional WA. Supporting the DLGSC is the Trails Reference Group (TRG), which is a cross agency organisation, and community reference group that influences and guides the strategic planning, development, implementation and communication of the Blueprint.

The TRG identified the need to support the development and accreditation of ‘Trail Towns’ across regional localities and with support from DLGSC and the DBCA facilitated the Pemberton Trail Town Forum in May 2018 along with a further two workshops in Collie and Albany. The Pemberton Forum was structured around creating an understanding for participants of the methodical and strategic approach to developing major trails destinations, building upon the recognised economic and local jobs growth derived through establishing and supporting trails and Trail Towns. The proceeding report from the Pemberton Forum, as contained in the Attachment, provides a good insight in the potential of Pemberton becoming a Trails Town and further steps required to achieve this.

ATTACHMENT: 9.9.3(2)

Following the Pemberton forum a working group was established, consisting of representatives of the PVC, Shire of Manjimup, DBCA, DLGSC, Pemberton Chamber of Commerce & Industry (PCCI), local businesses and active community representatives, led by the PVC. Over the past two years, this working group has convened a number of times to progress the Trail Town status, however to date, difficulty securing funding and resources has limited the progress of this work.

DLGSC proposal

Funding for trails planning has become difficult to source due to a recent reduction in State Trails Planning Grants. Therefore the DLGSC proposes to partner with the Shire of Manjimup, DBCA and the Pemberton Visitor Centre to undertake the following:

1. Develop a Concept Plan for trails and associated infrastructure required to achieve trail town status;

2. Complete a pilot assessment of the town’s offerings in line with the current version of the Trail Town Assessment Criteria; and

3. Develop a Business Case, to include outlining the costs for priority tasks, and economic impact/benefit analysis of being a Trails Town. This is essential to be able to apply for future grant funding for the implementation (e.g. construction of trails, trail head infrastructure, etc.) of the Trails Town.

This project will build upon numerous existing plans providing the clarity to propel Pemberton forward in its aspirations to become a Trail Town.

DLGSC would look towards another agency taking on the role of “Project Lead” (e.g. Shire of Manjimup). The DLGSC would develop a service agreement with this organisation for the delivery of the project and be represented on a project reference group. A consultant/s will be engaged to complete the work.

The total project costs are yet to be confirmed, but will be approximately $35,000, with the proposed sources of funding as shown in below table. It should be noted that DLGSC has yet to receive confirmation from DBCA and the Pemberton Visitor Centre.

Proposed Source of Funding	Amount ex GST
DLGSC	$20,000
Shire of Manjimup	$5,000
DBCA	$TBC
Pemberton Visitor Centre	$TBC
TOTAL	$TBC

STATUTORY ENVIRONMENT:

Local Government Act 1995 – Reserve accounts (Financial Management, 6.11). The proposed project, of developing a business case and concept plans, fits the purpose of the Recreation Ground/Facility Improvement Reserve, stipulated as “for funding the improvement or development of recreation grounds and facilities”.

Policy / Strategic Implications:

The Pemberton Trails Town initiative is linked to the following strategies of the Shire of Manjimup Strategic Community Plan 2019-2029:

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

· B15. Further develop the ‘Trails Hub’ tourism destination concept and facilitate the implementation of a range of trail options connecting to and linking key destinations; and

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

The initiative is also linked to the following strategies:

· Western Australian Mountain Bike Strategy;

· South West Mountain Bike Master Plan;

· Western Australian Strategic Trails Blueprint 2017-21;

· Shire of Manjimup Sport and Recreation Plan 2014 – 2024;

· Pemberton Destination Strategic Management Plan 2019 – 2024;

· DBCA Two Year Action Plan for Nature-Based Tourism in WA 2019 and 2020;

· Department of Transport Warren-Blackwood 2050 Cycling Strategy; and

· South West Development Commission Tourism Futures South West 2012.

Organisational risk management:

The DLGSC offer provides a unique opportunity to progress the community aspirations for Pemberton to become a Trails Town.

Financial Implications:

The current balance in the Recreation Ground/Facility Improvement Reserve is $91,250, and over the past few years over $40,000 was transferred into the Reserve annually. The proposed expenditure of $5,000 of this Reserve fund will result in a remaining balance of $86,250 left within the Reserve.

It should be noted that Council has committed to contribute $66,625 from this Reserve fund towards the Warren District Agricultural Society Upgrade of Rea Park project should their Regional Agricultural Show Development Program application be successful. This amount can be spread over the 2019/20 and 2020/21 financial years.

In-kind contributions (project management) towards the project will be covered under the 2019/20 and 2020/21 operational budgets.

Sustainability:

Environmental: Nil.

Economic: Trails towns provide an opportunity for economic growth for the Pemberton region.

Social: The provision of a formalised, safe and attractive network of trails for local residents and visitors to recreate, establishes a place where trail users feel welcomed and have a high quality trails experience.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1. Advise the Department of Local Government, Sport and Cultural Industries (DLGSC) that the Shire of Manjimup supports the proposal to complete a business case and a concept plan for Pemberton to achieve Trail Town status;

2. Agree to commit $5,000 from the Recreation Ground/Facility Improvement Reserve subject to DLGSC and other funding; and

3. Approve the 2019/20 budget amendment as described in the table below.

Description	Current Budget	Amended Budget	Variation
Transfer from Recreation Ground/Facility Improvement Reserve	($50,220)	($55,220)	($5,000)
Pemberton Trails Town Business Case and Concept Plan	$0	$5,000	$5,000
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28147

That Council

2. Agree to commit $5,000 from the Recreation Ground/Facility Improvement Reserve subject to DLGSC and other funding; and

3. Approve the 2019/20 budget amendment as described in the table below.

Description	Current Budget	Amended Budget	Variation
Transfer from Recreation Ground/Facility Improvement Reserve	($50,220)	($55,220)	($5,000)
Pemberton Trails Town Business Case and Concept Plan	$0	$5,000	$5,000
Net Rate Funds			$0

CARRIED: 10/0

ATTACHMENT

APPENDIX

9.15.1 Unconfirmed Minutes of the Northcliffe Forest Park Management Committee meeting held 5 February 2020

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Forest Park
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170372
LEGISLATION:	Local Government Act 1995
AUTHOR:	Nicole Booth
DATE OF REPORT:	10 March 2020
DECLARATION OF INTEREST:	Nil

Background:

Minutes of the Northcliffe Forest Park Management Committee meeting held 5 February 2020, as attached.

ATTACHMENT: 9.15.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There were four recommendations made by the Northcliffe Forest Park Management Committee, with two recommendations requiring Council approval.

Committee recommendations	Officer’s comment
That Councillor Wendy Eiby be the Chairperson of the Northcliffe Forest Park Committee.	Supported and dealt with in the recommendations of this report to Council.
That Graham Evans continue to take the minutes of the Northcliffe Forest Park Management Committee.	Supported and dealt with administratively
Subject to “Carol Perry noted that the clarification of the 15 May 2019 minutes, contained in the 21 August 2019 minutes should have referred to dogs on leads in the park, and not dogs being allowed in the Park otherwise” the minutes of the meeting held on 21 August be adopted as a true record of proceedings. See Attached.	Supported and dealt with administratively.
Cheryl Macaulay was nominated as a community representative.	Supported and dealt with in the recommendations of this report to Council.

In order to support the Committees recommendation to appoint Cheryl Macaulay as a community representative, the current Northcliffe Forest Park Management Committee Terms of Reference 2019 must be amended to reflect the change. Amending the Terms of Reference requires Council approval. The current Northcliffe Forest Park Management Committee Terms of Reference 2019 are appended.

APPENDIX: 9.15.1(A)

The amended Northcliffe Forest Park Management Committee Terms of Reference 2020 reflecting the change to committee membership having Cheryl Macaulay as a community representative are attached.

ATTACHMENT: 9.15.1(2)

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Management Committees of Council ensure appropriate levels of community involvement in assisting the Shire manage its public open space and the relevant infrastructure assets.

Organisational risk management:

Nil

Financial Implications:

The Northcliffe Forest Park Management Committee is responsible for the management of the budget allocated for the Northcliffe Forest Park’s maintenance, capital improvements and reserves.

Sustainability:

Environmental: The Northcliffe Forest Park is a heavily vegetated reserve in close proximity to the town providing both social benefits and public safety concerns in respect to fire management.

Economic: Nil

Social: The Northcliffe Forest Park is an important reserve for the Northcliffe community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the minutes of the Northcliffe Forest Park Management Committee meeting held 5 February 2020 as included in attachment 9.15.1(1);

2. Appoint Cr Wendy Eiby as the Chairperson of the Northcliffe Forest Park Management Committee; and

3. Amend the current Terms of Reference to show Cheryl Macaulay as community representative, as shown in the attachment 9.15.1(2).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28148

That Council:

1. Receive the minutes of the Northcliffe Forest Park Management Committee meeting held 5 February 2020 as included in attachment 9.15.1(1);

2. Appoint Cr Wendy Eiby as the Chairperson of the Northcliffe Forest Park Management Committee; and

3. Amend the current Terms of Reference to show Cheryl Macaulay as community representative, as shown in the attachment 9.15.1(2).

CARRIED: 10/0

ATTACHMENT

APPENDIX

9.16.1 Unconfirmed Minutes of the Manjimup Recreation Advisory Committee Meeting held 10 February 2020

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170452
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	28 February 2020
DECLARATION OF INTEREST:	Nil

Background:

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

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

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

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

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

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

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

A copy of the endorsed Terms of Reference is appended.

APPENDIX: 9.16.1(A)

The purpose of this report is to present the unconfirmed Minutes of the MRAC meeting held on 10 February 2020, as attached, for Council consideration.

ATTACHMENT: 9.16.1(1)

Furthermore this report seeks Council endorsement on new nominated representatives for the Committee, and to accept the updated Terms of Reference for the Committee.

ATTACHMENT: 9.16.1(2)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Committee Recommendations

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

Committee Recommendation	Officer Recommendation
Request that the Shire engages a qualified turf specialist/consultant to develop a management plan for Shire of Manjimup sporting fields, with the Collier Street fields as a priority.	Agreed; will be dealt with administratively.

The Cricket representative of MRAC mentioned the condition of the Collier Street playing fields, and its effect on cricket, as well as his concerns for hockey played during the winter. Following a discussion on this matter, MRAC moved to request Council that the Shire engages a qualified turf/specialist/consultant to undertake a turf grounds analysis report with maintenance recommendations for the Shire’s sports grounds. This comprises of soil samples to be taken and analysed, an assessment of current condition to be undertaken, and the development of recommendations to guide the maintenance actions for the grounds in the upcoming years. The following sporting grounds will be included:

- Manjimup Recreation Grounds oval, and grounds next to the Manjimup Indoor Sports Pavilion; and

- Collier Street field and Rea Park oval, Manjimup.

By bringing in a specialist/consultant it gives an opportunity to include other grounds across the Shire of Manjimup (e.g. Pemberton Sports Centre oval and Northcliffe Recreation Grounds oval) in the scope of works.

New Nominations

Some days after the MRAC meeting, two nominations for MRAC were received by the author of this report by email:

- Angelo Femia: formerly a member of the MRAC representing Football, now nominating to be the proxy representative for Cricket; and

- David Hanratty: nominating to be the proxy representative for Football.

Considering the importance of the outdoor playing fields for many sports played in Manjimup, it is deemed appropriate that the Manager Parks & Gardens is appointed as a non-voting member of MRAC, with the Director Works & Services as a proxy non-voting member.

The Advisory Committee Terms of Reference have been amended as a result of the proposed representative changes and quorum.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

The costs to engage a specialist/consultant to undertake a turf grounds analysis report with maintenance recommendations can be covered through the operational Parks & Gardens budget. Should the report include any recommendations requiring a significant increase of maintenance or capital works, funds will be sought (e.g. request to Council, or via grant funding) for this.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Collaboration between sporting clubs and community members is important in the sustainable development of community sport and recreational facilities.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed meeting notes of the Manjimup Recreation Advisory Committee meeting held 10 February 2020 as per Attachment: 9.16.1(1);

2. Appoint Angelo Femia as Cricket proxy representative;

3. Appoint David Hanratty as Football proxy representative;

4. Appoint Spencer Roberts, Manager Parks and Gardens, and Michael Leers, Director Works & Services, as non-voting Shire of Manjimup representatives; and

5. Adopt the amended Manjimup Recreation Advisory Committee Terms of Reference as per Attachment: 9.16.1(2).

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Dawson Vidovich, S

28149

That Council:

1. Receive the unconfirmed meeting notes of the Manjimup Recreation Advisory Committee meeting held 10 February 2020 as per Attachment: 9.16.1(1);

2. Appoint Angelo Femia as Cricket proxy representative;

3. Appoint David Hanratty as Football proxy representative;

4. Appoint Spencer Roberts, Manager Parks and Gardens, and Michael Leers, Director Works & Services, as non-voting Shire of Manjimup representatives; and

5. Adopt the amended Manjimup Recreation Advisory Committee Terms of Reference as per Attachment: 9.16.1(2).

CARRIED: 10/0

10. LATE REPORTS: Nil

11. QUESTIONS FROM MEMBERS:

11.1 Response to questions from members taken on notice: Nil

11.2 Questions from members: Nil

12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING : Nil

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

Matter of Urgency:

Moved: Darin, J Seconded: Dawson Vidovich, S

28150

That Council consider new business of an urgent nature introduced by the decisions of the meeting with two items to be discussed separately.

MOTION carried 7/3

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

Suspension of Standing Orders:

Moved: Winfield, C Seconded: Dawson Vidovich, S

28151

That Council suspend Standing Orders.

CARRIED: 10/0

Resumption of Standing Orders:

Moved: Darin, J Seconded: Tapley, D

28152

That Council resume Standing Orders.

CARRIED: 10/0

Council Resolution:

Moved: Omodei, P Seconded: Darin, J

28153

That Council:

1. Determine that due to Western Australia being in a “State of Emergency” due to pandemic and in the interests of protecting “at risk” groups in the community, the Council Meetings on 23 April 2020, 14 May 2020 and 4 June 2020 are cancelled with the next Ordinary Council Meeting to be held on 25 June 2020;

2. Determine that all Council Committee meetings that are considered “non-essential” by the Shire President and/or Chief Executive Officer are postponed until at least 26 June 2020;

3. Advise the community of the decisions contained in points 1. and 2. via Local Public Notice in accordance the Local Government Act 1995;

4. Authorise the Shire President, in consultation with the Chief Executive Officer, to authorise emergency expenditure from the Municipal Fund as required until 24 June 2020 in accordance with the Local Government Act 1995;

5. Delegate to the Chief Executive Officer for the period 27 March 2020 to 24 June 2020 power to determine matters which cannot be held over until the 25 June 2020 Council Meeting with this delegation being subject to the following requirements under the Local Government Act 1995 that are not permitted:

a) any power or duty that requires a decision of an absolute majority of the Council;

b) accepting any tender which exceeds $1,500,000;

c) appointing an auditor;

d) acquiring or disposing of any property valued more than $500,000;

e) any of the Shire of Manjimup’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100 (Local Government Payments and Gifts to its Members);

f) borrowing money on behalf of the Shire of Manjimup;

g) hearing or determining an objection of a kind referred to in section 9.5 (Objections and Review);

h) the power under section 9.49A(4) to authorise a person to sign documents on behalf of the Shire of Manjimup;

i) any power or duty that requires the approval of the Minister or the Governor;

j) such other powers or duties as may be prescribed.

6. Consult with all Councillors prior to any delegated decision being made, in a time frame that is applicable to the matter at hand and the consensus of Councillors comments considered in the decision;

7. Report all delegated decisions made under this decision of Council to the Council meeting to be held 25 June 2020; and

8. Encourage any party aggrieved by any delegated decision made under this decision of Council from 27 March 2020 to 24 June 2020 to request Council give reconsideration at the next available Council meeting.

CARRIED: 10/0

Council Resolution:

Moved: Darin, J Seconded: Tapley, D

28154

That Council announce a 0% rate increase and no change to fees and charges for the 2020/21 financial year.

MOTION carried 9/1

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

14. APPLICATIONS FOR LEAVE OF ABSENCE: Nil

15. CLOSURE:

There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 7.02pm.

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

Paul Omodei

Shire President