MINUTES
Council Meeting
16 July 2020
MINUTES
Council Meeting
16 July 2020
TABLE OF CONTENTS
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
2. ANNOUNCEMENTS BY THE PRESIDENT:
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: .
28182 9.1.1 Final Report on the Revitalisation of Manjimup's Town Centre Project
28183 9.2.1 Proposed Rescission of Council Policy 8.1.3 Allocation of Mobile Phones to Staff
28184 9.3.2 Monthly Financial Activity Statement - April 2020
28185 9.3.3 Proposed Projects - Local Roads and Community Infrastructure Program
28186 9.3.4 Council Financial Payments May 2020
28188 9.5.5 Proposed Ancillary Accommodation at Lot 9034 (62) Doaks Road, Yanmah
28189 9.5.8 Delegated Planning Decisions for June 2020
28191 9.7.1 Application To Keep More Than Two Cats at RSN 22 (Lot 22) Demiris Drive, Jardee WA 6258
28192 9.7.2 Application To Keep More Than Two Dogs at 30 Clarke Street, Manjimup
28194 9.15.1 Unconfirmed Minutes of the Northcliffe Town Hall Management Committee 8 June 2020
28195 9.16.1 Bush Fire Brigade Operational Procedures 2020-2025
28197 9.5.1 Proposed Time Extension for Additional Information at Lot 91 (153) Karri Lane, Quinninup
28198 9.5.2 Proposed Shire of Manjimup Climate Change Response
28201 9.5.7 Application for Retrospective Approval to a Dam at Lot 250 (317) Angels Road, Middlesex
28204 L.1 Request from Pemberton Sports Club Inc. to Waive 2020/21 Rates and Write Off 2019/20 Debt
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING:
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING: .
14. MEETING CLOSED TO THE PUBLIC:
15. APPLICATIONS FOR LEAVE OF ABSENCE:
SHIRE OF MANJIMUP
Minutes of the Ordinary Meeting of Council held in the Council Chamber, Thursday, 16 July 2020.
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
The Shire President declared the meeting open at 5.30pm
2. ANNOUNCEMENTS BY THE PRESIDENT: Nil
PRESENT:
Councillors
Cr P Omodei (Shire President)
Cr W Eiby
Cr D Jenkins
Cr K Lawrence
Cr J Darin
Cr K Skoss
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield
Staff
Mr Andrew Campbell (Chief Executive Officer)
Mr Greg Lockwood (Director Business)
Ms Gail Ipsen Cutts (Director Community Services)
Mr Brian Robinson (Director Development & Regulation)
Mr Michael Leers (Director Works & Services)
Ms Gaye Burridge (Corporate Administration Officer)
Mr Jason Giadresco (Senior Governance Officer)
Gallery
Rose Muir
Mary Nixon
Paula Benson
Kellie Hasluck
Fiona Johnston
Jocelyn Baister
Louise Kingston
Media
Tari Johnston
3.1 Apologies: Nil
3.2 Leave Of Absence:
Councillor Susan Dawson Vidovich was granted a Leave Absence at the 5 June 2020 Council meeting for this Council meeting.
The Chief Executive Officer advised that he had received Financial Interest declarations from Councillor Eiby for Item 9.5.6 and Councillor Skoss for Item 9.5.9 and Impartiality Interest declarations from Councillors Ventris, Omodei and Lawrence for Late Item 1.
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 A presentation was made to Louse Kingston for her contribution to the Manjimup Heritage Park Advisory Committee.
6.3 Deputations
6.3.1 - A deputation from Fiona Johnston, Principal of St Hilda’s Anglican School for Girls giving an overview of the plans for Pemberton campus. St Hilda’s School for Girls celebrates 125 years next year. A short video clip was played.
6.3.2 - A deputation from Paula Benson and Mary Nixon, President of the Warren Arts Council. Requested the use of the currently vacant old railway station building on Johnston Crescent to be used an Arts hub for Manjimup.
6.4 Delegates’ reports: Nil
6.5 Conference reports: Nil
7. CONFIRMATION OF MINUTES:
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Moved: Ventris, M Seconded: Taylor, R
That the Minutes of the Ordinary Meeting of the Council held on 25 June 2020 be confirmed. CARRIED: 10/0 |
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil.
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Moved: Eiby, W Seconded: Tapley, D
“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 –110 of the Agenda with the exception of: CARRIED: 10/0 |
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Proposed Extension to Lease Fee Waiver for Heritage Park Cafe due to COVID-19 Restrictions. |
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Proposed Time Extension for Additional Information at Lot 91 (153) Karri Lane, Quinninup |
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Proposed Shire of Manjimup Climate Change Response |
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Proposed Variation to Car Parking Standards at Lot 101 (1222) Wheatley Coast Road, Quinninup |
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Proposed Intensification to Low-Impact Tourist Accommodation at Lot 9869 (157) Riverway Road, Boorara Brook |
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Application for Retrospective Approval to a Dam at Lot 250 (317) Angels Road, Middlesex |
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Request for Time Extension for Compliance with Planning Conditions at Lot 107 (40) Ralston Road, Ringbark |
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Unconfirmed Minutes of the Pemberton Town Centre Revitalisation Advisory Committee Meeting held on 30 June 2020 |
Items passed by En Bloc Resolution
9.1.1 Final Report on the Revitalisation of Manjimup's Town Centre Project
9.2.1 Proposed Rescission of Council Policy 8.1.3 Allocation of Mobile Phones to Staff
9.3.2 Monthly Financial Activity Statement - April 2020
9.3.3 Proposed Projects - Local Roads and Community Infrastructure Program
9.3.4 Council Financial Payments May 2020
9.5.3 Proposed Eight Lot Subdivision at Lot 364 Aldersea Drive and Lot 377 Perup Road, Manjimup
9.5.5 Proposed Ancillary Accommodation at Lot 9034 (62) Doaks Road, Yanmah
9.5.8 Delegated Planning Decisions for June 2020
9.5.10 Request for Time Extension to Comply with Planning Conditions at Lot 106 (23) Brockman Street, Pemberton
9.7.1 Application To Keep More Than Two Cats at RSN 22 (Lot 22) Demiris Drive, Jardee WA 6258
9.7.2 Application To Keep More Than Two Dogs at 30 Clarke Street, Manjimup
9.12.1 Consideration of Results of Public Consultation Unnamed Road Reserve in the Vicinity of Stirling Road, Pemberton
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9.15.1 |
Unconfirmed Minutes of the Northcliffe Town Hall Management Committee 8 June 2020 |
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9.16.1 |
Bush Fire Brigade Operational Procedures 2020-2025 |
9.1.1 Final Report on the Revitalisation of Manjimup's Town Centre Project
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PROPONENT |
Shire of Manjimup |
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OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
Manjimup Town Site |
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WARD: |
Central |
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ZONE: |
Town Centre |
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DIRECTORATE: |
Office of CEO |
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FILE REFERENCE: |
F160948 |
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LEGISLATION: |
Various |
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AUTHOR: |
Andrew Campbell |
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DATE OF REPORT: |
1 July 2020 |
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DECLARATION OF INTEREST: |
Nil |
Background:
In 2011 the Shire of Manjimup (Shire) was invited by the State Government to be part of the Royalties for Regions “SuperTown” program. Funding was provided to produce the Manjimup Townsite Growth Plan and from there the Shire was requested to submit four business cases relating to Manjimup. Two of those business cases were successful being the Revitalisation of Manjimup’s Town Centre and the Manjimup Agricultural Expansion Strategy.
The objectives of the Revitalisation of Manjimup’s Town Centre project were to:
1. Create a new northern town site access and entry statement to the town centre with visual impact and appeal to capitalise on the works proposed in the Manjimup Timber and Heritage Park;
2. Transform the Manjimup Timber and Heritage Park into a unique multipurpose attraction by combining regional marketing, heritage, cultural, recreational, exhibition, conferencing and café facilities;
3. Remove the unused rail corridor in the town centre in lieu of creating a transport corridor to the western side of the town site;
4. Construct additional access points from Mottram Street to the town centre to facilitate town centre linkages;
5. Convert an existing Reserve land parcel into Shire of Manjimup owned freehold title for the purpose of creating an investment ready town centre location capable of attracting a high quality Business Tourism Accommodation facility provider (adjacent to the Manjimup Timber and Heritage Park);
6. Transform Brockman Street in the town centre into a town square through various improvements and integration into the Manjin Park precinct;
7. Undertake an array of Mottram Street / South Western Highway streetscape works to capitalise on the recent undergrounding of electricity along this major transport route; and
8. Generate additional pedestrian and cycling linkages in the town centre and throughout the Manjimup town site.
All eight (8) Town Centre Revitalisation project objectives as described above have been successfully delivered by the Shire of Manjimup.
In early 2013 the Shire was provided with $5.89M in funding for Stage 1 of the Revitalisation of Manjimup’s Town Centre project. Following the success of this first stage, a second business case was produced for Stage 2 in 2016.
The application for funding of Stage 2 resulted in $22.29M funding from the Royalties for Regions program, which was later reduced by $3M by the incoming State Government for “budget repair” to $19.29M. An additional $7.56M in public funding was secured via the Commonwealth Government, State Government and Lotterywest. The Shire itself contributed $1.56M in project funding, giving a total of $34.3M of public investment made into the Revitalisation of Manjimup’s Town Centre project across the two Stages.
The Revitalisation of Manjimup’s Town Centre project concluded on 30 June 2020 and the purpose of this report is to advise on the outcomes.
PUBLIC Consultation Undertaken:
The Revitalisation of Manjimup’s Town Centre project has been heavily consulted across the community commencing originally with a 32 person strong Community Reference Group to produce the Manjimup Townsite Growth Plan 2012 in addition to an array of consultative initiatives as part of individual project components and input from the Manjimup Town Centre Revitalisation Advisory Committee.
COMMENT (Includes Options):
There is no doubt the project has been a resounding success story and has gone a long way to transforming the Manjimup Central Business District (CBD) into a vibrant and liveable area. Private investment into Manjimup has been considerable and the economic development benefits are now flowing into the local economy. In recognition of this economic success, in 2017 the Shire of Manjimup was awarded a National Award for Economic Development Excellence.
In addition to the economic development excellence award the Shire has also been successful with awards from national and state industry sector organisations. Specifically, these awards are:
· The Museums and Galleries National Award 2019 (MAGNA) for ‘Level 3: Project budget $150K to 500K’ for the State Timber Museum; and
· The Institute of Public Works Engineering Australia (WA) 2020 Award for ‘Best Public Works Project Greater than $5M’ for the South West Highway / Mottram Street road improvements.
The Shire of Manjimup also received a commendation from the Planning Institute of Australia (WA branch) in 2019 for Manjin Park in its “Healthy Active by Design” award category.
It is important to consider that recognition of achievement through awards is a very strong marketing tool that can increase visitation and improve the local economy. At the time of writing this report, Shire Officers are developing a number of award submissions on the various project components. It is anticipated the Shire will be successful in additional future awards since the Revitalisation of Manjimup’s Town Centre project has now concluded.
The Revitalisation of Manjimup’s Town Centre project has always had the local economy as the most important project driver. In finalising the project the Shire commissioned Lucid Economics to complete an Economic Impact Assessment (EIA). Overall the findings of the EIA are very impressive and clearly justify the strategies employed by the Shire to take this project from concept to reality. The findings of the EIA for both Stage 1 and Stage 2 of the Revitalisation of Manjimup’s Town Centre project are summarised in the table below:
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Item |
Outcome |
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Public Expenditure |
$34.3M |
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Private Investment Expenditure |
$38.2M |
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Construction Jobs |
Direct 80 Indirect 130 Total 210 |
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Operational Jobs (ongoing) |
Direct 215 Indirect 112 Total 327 |
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Annual Income from operational jobs |
Direct $11.4M Indirect $9.2M Total $20.5M |
A copy of the EIA Executive Summary is attached for Council’s consideration (noting the full report is suppressed from the public record due to commercial “in confidence” matters relating to local business).
ATTACHMENT: 9.1.1(1)
Other Project Outcomes
This multi-faceted, integrated project has delivered a transformed Manjimup town centre consistent with the objectives of building capacity, retaining benefits, improving services, pursuing sustainability, expanding opportunity and growing local prosperity within the region.
Through Stage 2 of the project, the Shire of Manjimup has overseen and driven the revitalisation of Manjimup’s Town Centre to deliver the largest and most complex economic development and public works project in the Shire’s 112 year history. Organisationally, the success of the project delivery is testament to the effective, collaborative leadership of Council, Senior Management and members of the community working together to develop Manjimup’s future. It is also testament to the professionalism and dedication of Shire employees, members of the relevant consultative committees and appointed contractors. The delivery of successful project outcomes is a result of cooperation and partnership with a wide spectrum of Manjimup residents, local businesses, investors, state agencies and contractors whilst maintaining a ‘business as usual’ approach to the Shire’s fundamental operational activities.
Completion of the project now presents Council and Shire administration the ongoing opportunity to work towards delivering the aspirational objective of doubling Manjimup’s population as identified in the Manjimup SuperTown Townsite Growth Plan 2012. Strategically, it is anticipated that the completed project will continue to provide significant economic and social benefits to the region and enable expansion and diversification of the economy.
The resultant built form increases residential amenity (with greater walkability, cycleways and landscaping) and will work to change external perceptions of the region and build Manjimup’s role as a regional centre as already indicated in the content of the attached EIA Executive Summary.
STATUTORY ENVIRONMENT:
Compliance with various pieces of legislation has been required to successfully implement the project.
Policy / Strategic Implications:
The Revitalisation of Manjimup’s Town Centre project was a bold strategic undertaking that has delivered outcomes beyond those originally projected. The Shire can be satisfied that the project has achieved a fundamental objective underpinning the Strategic Community Plan, actioned through Council’s Corporate Business Plan.
The identified Strategic Community Plan Community Strategies achieved through the course of the project are:
B1. Build on the Manjimup town’s capacity as a regional service centre for the Warren Blackwood.
B2. Attract business-class accommodation services to Manjimup.
C11. Continue to encourage and support age, dementia and disability-friendly initiatives across all domains of community life.
D6. Develop and maintain community infrastructure to a service-level that meets the community’s needs.
D9. Develop town centres to showcase their unique characters and encourage vibrant, mixed-use commercial and public spaces.
The project-specific Corporate Business Plan Action Items achieved through the course of the project are:
B1.1 Construct the Manjimup Wellness and Respite Community Centre (partially funded by project).
B1.2 Construct Stage One Brockman Street food and beverage precinct.
B1.3 Develop a Stage Two Brockman Street Precinct strategy.
B1.4 Undertake a range of transformational activities in the Manjimup Timber & Heritage Park.
B1.5 Complete footpath, traffic and parking infrastructure renewal projects in Manjimup CBD.
B1.6 Develop a Linear Park linking the southern and northern ends of Manjimup town site.
B1.7 Undertake a range of upgrades to Mottram Street to improve safety, visual appeal and to encourage traffic flow to the Manjimup CBD.
B2.1 Market the hotel development prospectus to potential investors.
B4.1 Continue with the Manjimup Agricultural Expansion Strategy until June 2018.
D6.15 Construct the Manjimup Recreation Plaza in Manjin Park.
D9.1 Undertake town centre revitalisations and main street upgrades in towns and communities.
D9.2 Facilitate local involvement in Townscape Committees to determine priorities and endorse revitalisation plans.
Additionally, the Shire has met the ‘Strategic Importance’ and ‘Relation to Long-term Economic Development’ objectives of Priority 3 “Revitalising the Town Centre” in the Shire of Manjimup SuperTown Townsite Growth Plan 2012.
Organisational risk management:
Nil
Financial Implications:
The Revitalisation of Manjimup’s Town Centre project will require ongoing maintenance to keep improvements at a high standard. The Shire has already assigned $100,000 per annum toward maintenance and upkeep of CBD improvements across the Shire town sites.
Sustainability:
Environmental: The project has enabled the creation and enhancement of green corridors and spaces throughout the Manjimup townsite for both residents and tourists alike to enjoy.
Economic: The economic benefits of the project are significant with the creation of ongoing jobs and private investment. The revitalised town centre will provide a greater range of attractions for tourism within the region and will assist in attracting new residents and businesses. Completion of the revitalisation works to date also serves to strengthen Manjimup’s position as the regional centre for the Lower South West supporting the populations of neighbouring towns.
Social: Liveability and vibrancy of Manjimup has been positively impacted as result of the project further developing a ‘sense of place’. Better vehicular and pedestrian connectivity between the east and west sides of Manjimup townsite have been achieved along with an increased number of recreational opportunities. The new ambiance of the town centre and its ability to attract visitors is likely to also change perceptions of the region.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Receive the Economic Impact Assessment Executive Summary prepared by Lucid Economics on the Revitalisation of Manjimup’s Town Centre project as attached at 9.1.1(1).
2. Acknowledge the completion of the Manjimup Town Centre Revitalisation Project as presented in this agenda item.
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Moved: Eiby, W Seconded: Tapley, D
That Council: 1. Receive the Economic Impact Assessment Executive Summary prepared by Lucid Economics on the Revitalisation of Manjimup’s Town Centre project as attached at 9.1.1(1). 2. Acknowledge the completion of the Manjimup Town Centre Revitalisation Project as presented in this agenda item.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
14
9.2.1 Proposed Rescission of Council Policy 8.1.3 Allocation of Mobile Phones to Staff
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PROPONENT |
Shire of Manjimup |
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OWNER |
N/A |
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LOCATION / ADDRESS: |
N/A |
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WARD: |
N/A |
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ZONE: |
N/A |
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DIRECTORATE: |
Business |
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FILE REFERENCE: |
F161011 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Jason Giadresco |
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DATE OF REPORT: |
2 July 2020 |
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DECLARATION OF INTEREST: |
Nil |
Background:
On 28 August 2014, Council determined to adopt Corporate Policy 8.1.3 Allocation of Mobile Phones to Staff. A copy of the Policy as adopted is appended.
APPENDIX: 9.2.1(A)
The purpose of this report is to request Council to rescind this Policy.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
A policy review is intended to make amendments to existing policies based on past performance, future demands and changes to relevant legislation. It also provides an opportunity to rescind policies deemed redundant and/or no longer effective for the purpose for which they were originally adopted.
Mobile Phone Management
As noted in the initial policy adoption in 2014, the allocation of mobile phones falls within the realm of an operational matter and accordingly under the purview of the Chief Executive Officer (CEO).
At the time of policy adoption, the value of some types of mobile phones were falling within the definition of capital expenditure, and it was necessary for Council to acknowledge the range of mobile phone types that may be allocated within operational budgets. Given that all mobile phones used by employees are smart phones and are provided within operational expenditure at the discretion of the CEO, the policy is considered redundant.
Furthermore, the Shire has an adopted internal Management Policy which guides the allocation of mobile phones to employees at the discretion of the CEO.
In light of the above, it is recommended that Council rescind the policy.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
Policies should be periodically reviewed to ensure currency and effectiveness.
The Shire’s Senior Management Team has an internal Management Policy which clearly assigns mobile phones to employees that require them as part of their duties. This Management Policy will be reviewed internally to ensure currency with current organisational needs.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council rescind Corporate Policy 8.1.3 Allocation of Mobile Phones to Staff as appended at 9.2.1(A).
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Moved: Eiby, W Seconded: Tapley, D
That Council rescind Corporate Policy 8.1.3 Allocation of Mobile Phones to Staff as appended at 9.2.1(A).
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
18
9.3.2 Monthly Financial Activity Statement - April 2020
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PROPONENT |
Shire of Manjimup |
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OWNER |
Whole Shire |
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LOCATION / ADDRESS: |
Whole Shire |
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WARD: |
Whole Shire |
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ZONE: |
N/A |
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DIRECTORATE: |
Business |
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FILE REFERENCE: |
F160188 |
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LEGISLATION: |
Local Government Act 1995; Local Government (Financial Management) Regulations 1996 |
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AUTHOR: |
Greg Lockwood |
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DATE OF REPORT: |
2 July 2020 |
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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 30 April 2020 is attached. The report is summarised by Function/Activity with operating comments via department.
ATTACHMENT: 9.3.2 (1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The financial performance for the Shire of Manjimup to the 30 April 2020 is a projected deficit of $26,163.
This $26,163 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 April 2020 Monthly Financial Activity Statement projections have seen very little change from the March 2020 monthly report. Whilst the lifting of restrictions has allowed the opening of facilities, the income received from those openings is not expected to be more than the costs associated with reopening those facilities.
Generally speaking, the Shire of Manjimup’s operating and capital accounts are within budget, as a directive to limit expenditure to essential or grant funded expenditure only, has been in place since February 2020. Whilst this reduction in expenditure has had a positive influence on the projections, the recent storms in May and June have caused an overspend on the Works and Services Storm Damage account of approximately $56,000. The projected overspend on Storm Damage has been offset heavily by Road Maintenance, as typically while the Works crews are working on the clearing roads and drains, they are not working on road maintenance.
Below is a summary of the outcome to date of the COVID-19 crisis and forms the basis of the majority of projected budget issues within the monthly report:
The pandemic caused the closure of the majority of Shire facilities for approximately 2-3 months reducing income, creating additional costs related to cleaning of public toilets to meet Health Department guidelines and additional IT costs associated with allowing working from home for some employees to achieve social distancing requirements with their work areas.
Listed below are the expected costs associated with COVID-19:
Loss of Income
· Manjimup Regional AquaCentre – loss $150,000;
· PowerUp Museum Income – loss $127,000;
· Windy Harbour Camp Ground – loss $31,000;
· Manjimup Indoor Sports Pavilion – loss $16,000;
· Brockman St Leases – waiver $10,745; and
· Community Bus Income – loss $5,900.
Additional Costs
· Public Toilet Supplies – additional $17,000;
· Public Toilet cleaning – additional $15,000; and
· IT costs associated with work from home - $12,500.
Additional Savings
· Electricity AquaCentre – savings $42,000.
The total value of the COVID-19 costs is approximately $343,000. The projected figures have been based the restrictions that have been put in place to the 30 June 2020.
The major savings proposed to meet the expected losses are as follows:
· Fire Prevention Council Reserves - $90,000. A considerable amount of work has been done through the Mitigation Activity Fund grant;
· Loan Repayments - $38,110. Late drawdown of loans has meant some repayments are not required in 2019/20 financial year;
· Light Vehicle Replacement - $28,000. Delaying trade of 2 light vehicles until 2020/21;
· Reduce transfer to Reserves - $30,000. Reduce transfer to reserves for Heritage Trail, Arts & Culture and Workers Compensation Reserve as there is no current scheduled expenditure;
· Increase transfer from Reserves - $55,000. Major payout of Long Service Leave in the 2019/20 financial years. Typically funded from unders and overs during the year however due to current circumstances propose transfer from Long Service Leave Reserve;
· Infrastructure – Parkfield Drive Secondary Access $30,000 – Has been carried forward for many years, negotiations with landowner will not achieve the desired outcome; and
· General Operations - $72,000. A reduction in operational accounts to cover remaining costs.
Whilst $343,000 is a significant loss to the Shire of Manjimup’s 2019/20 budget, measures were put in place early to identify possible savings and to reduce discretionary spending. These adjustments saw only a minor reduction in service and should not significantly impact the Shire’s forward plans post 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: The reduction in projected expenditure due to COVID-19, will adversely affect the ability to stimulate the local economy through local purchasing.
Social: It is important to balance the 2019/20 end of year position so as not to influence or impede the 2020/21 budget process. Expenditure in the 2020/21 budget will be important to stimulate local businesses and support the community post COVID-19.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the Monthly Financial Activity Statement Report for April 2020 as per Attachment: 9.3.2(1).
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Moved: Eiby, W Seconded: Tapley, D
That Council receive the Monthly Financial Activity Statement Report for April 2020 as per Attachment: 9.3.2(1).
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
21
9.3.3 Proposed Projects - Local Roads and Community Infrastructure Program
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PROPONENT |
Shire of Manjimup |
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OWNER |
Whole Shire |
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LOCATION / ADDRESS: |
Whole Shire |
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WARD: |
Whole Shire |
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ZONE: |
N/A |
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DIRECTORATE: |
Business |
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FILE REFERENCE: |
F160191 |
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LEGISLATION: |
Section 6.8 Local Government Act 1995 |
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AUTHOR: |
Greg Lockwood |
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DATE OF REPORT: |
17 July 2020 |
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DECLARATION OF INTEREST: |
Nil |
Background:
On the 22 May 2020 Shire of Manjimup Officers received advice from the Department of Infrastructure, Transport and Regional Development (DITRD) of a new stimulus program to assist with the recovery of communities post COVID-19.
Under the banner of Local Roads and Community Infrastructure Program (LRCIP) the Shire of Manjimup can receive up to $912,987 of untied funding for eligible projects. Eligible community infrastructure projects are projects that involve the construction, maintenance and/or improvement to Shire-owned assets (including natural assets) that are generally accessible to the public.
Key criteria for eligibility are; that the projects must not for part of your 2020/21 forward capital works programs and the projects must be completed by 30 June 2021.
The purpose of this report is to seek formal Council endorsement of the projects to be submitted to DITRD.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The Shire of Manjimup typically has many projects that are important however due to available municipal and grant funding don’t meet a high priority category to receive funding each budget cycle. Due to the untied nature of the LRCIP and the requirement for the funds to be spent on publicly accessible shire assets there are no shortage of projects that could be contemplated in this funding round.
During the information briefing session of the Council meeting on 4 June 2020, during budget discussions, Councillors were presented with a list of possible projects across the whole shire that would generally meet the following criteria;
· Materials could be purchased locally;
· Labour could be sourced locally;
· Project meets Corporate Business Plan activities; and
· The projects could be completed by 30 June 2021.
After workshopping possible projects, Councillors were requested to prioritise one major project within each town. The following projects were identified from that process and further ratified at the next budget session during the information briefing at the Council meeting on 25 June 2020. Those projects are:
1. Free WiFi – Pemberton, Northcliffe and Walpole ($50,000);
2. Accessibility Improvements – Shire Buildings ($50,000);
3. Pathway – Recreation Centre to CBD – Northcliffe ($140,000);
4. Pioneer Park Toilet Refurbishment – Walpole ($150,000);
5. New Toilet Block (near Mill Hall) – Pemberton ($150,000);
6. Accessible Pathway Upgrade, Rose to Moore Street – Manjimup ($150,000);
7. Airconditioner Upgrade, Manjimup Regional AquaCentre – Manjimup ($172,987); and
8. Quinninup Dam - Pathways and Furniture – Quinninup ($50,000).
A list of the projects is also attached.
ATTACHMENT: 9.3.3(1)
The projects above generally meet the criteria of an eligible project, being they do not feature in any 2020/21 forward capital works plans, they involve the improvement of Shire owned assets or accessibility of those assets to the public. Should DITRD reject any of the projects further consultation with Council for replacement projects will be carried out.
STATUTORY ENVIRONMENT:
Section 6.8 (1) of the Local Government Act 1995 requires that expenditure not be incurred for an additional purpose unless authorised by Council.
Policy / Strategic Implications:
The Corporate Business Plan 2020-2024 has been considered when identifying appropriate projects for funding. The following activities will be met if the proposed projects are approved:
· B1.2 Complete footpath, traffic and parking infrastructure renewal projects in Manjimup CBD;
· B9.1 Provide free WiFi in all town centres where viable;
· C11.2 Implement strategies contained in the Access & Inclusion Plan 2013-2018;
· D6.13 Implement the Manjimup Regional AquaCentre Maintenance and Renewal Plan; and
· D18.1 Implement the 10-year Forward Capital Works Program 2016-2026 in relation to footpaths (informed by Local Bicycle Plan including Footpath Plan 2017 - 2027 and other influencing factors).
Organisational risk management:
Nil.
Financial Implications:
Nil. If approved projects will see the renewal and upgrade of existing assets improving their condition, level of service and extending the asset lives.
Sustainability:
Environmental: Nil.
Economic: The majority of the proposed projects will require the supply of local labour and materials supporting the economic recovery of those communities post COVID-19.
Social: Improved community amenities, free WiFi, improved pathway networks and access to council facilities will improve the liveability of the Shire, as well as assist in capturing the visitor economy supporting the recovery of those communities.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Endorse the proposed projects for submission for the Local Roads and Community Infrastructure Program funding as per attachment: 9.3.3(1); and
2. Include the proposed projects as part of the 2020/21 annual budget adoption process.
|
Moved: Eiby, W Seconded: Tapley, D
That Council: 1. Endorse the proposed projects for submission for the Local Roads and Community Infrastructure Program funding as per attachment: 9.3.3(1); and 2. Include the proposed projects as part of the 2020/21 annual budget adoption process.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
23
9.3.4 Council Financial Payments May 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: |
12 June 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 $1,027,251.51 for the month of May 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 16 July 2020.
|
Fund |
Vouchers |
Amount |
|
Municipal |
94334 - 94360 |
$124,755.60 |
|
Trust Fund |
- |
$0.00 |
|
Total Cheques for Month of May 2020 |
$124,755.60 |
|
Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 16 July 2020.
|
Fund |
Batch |
Amount |
|
Municipal |
60 - 64 |
$892,851.76 |
|
Total EFT for Month of May 2020 |
$892,851.76 |
|
Corporate Credit Card May 2020 – Municipal Account
|
4.1221 |
Adobe Creative Cloud Monthly subscription for PRO to design documents |
$79.29 |
|
|
6.1001 |
Facebook *4JSAETNMS2 Advertising – Brockman St lights “Message of Hope” |
$7.12 |
|
|
7.1014 |
Corporate Card Fee - CEO |
18.25 |
|
|
987.6001 |
Manjimup Toyota Light globe for 1000WA |
$32.25 |
|
|
569.1101 |
Foxit Software Inc 2x Phantom PDF Business Licence – One time fee |
$636.08 |
|
|
Various |
Westnet Internet services 1/5/20 – 1/6/20 |
$219.89 |
|
|
665.1001 |
GNH*GODADDY.COM 25GB Website backup – manjimupheritagepark.com.au |
$201.90 |
|
|
7.1014 |
Corporate Card Fee - DB |
$18.25 |
|
|
1056.6003 |
Puma Busselton 29.83ltrs diesel @ 123.7c/ltr – 1008WA |
$36.90 |
|
|
7.1014 |
Corporate Card Fee - DWS |
$18.25 |
|
|
571.1101 |
Volunteering Australia 30x Pens, 10x 10 year badges |
$174.50 |
|
|
677.1161 |
Sanity Web Store New DVDs for Shire Libraries |
$29.99 |
|
|
6.1101 |
Scott Muir (Jabba Coffee) SMT Meeting |
$22.50 |
|
|
571.1036 |
My Deal Com Au Non-contact digital infrared thermometer |
$109.00 |
|
|
573.1035 |
Cpap Clinic 1x Bariatric Wheelchair HCP Client |
$405.00 |
|
|
677.1235 |
Paypal *Admin Refund for Folkmans Bee Puppet |
-$37.00 |
|
|
573.1035 |
Aims Medical Supplies 5x Sterile suction tubing |
$39.04 |
|
|
571.1317 |
Paypal *Kineo 10x online courses – Assist clients with medications |
$500.00 |
|
|
671.1467 |
Harvey Norman Online CATS61 64GB Tough smart phone – MRAC |
$1,406.95 |
|
|
6.1101 |
Scott Muir (Jabba Coffee) SMT meeting |
$22.50 |
|
|
660.1101 |
PayPal *tourismcoun Silver Membership for 2020/2021 |
$2,145.00 |
|
|
677.1161 |
Sanity Web Store New DVDs for Shire Libraries |
$34.99 |
|
|
7.1014 |
Corporate Card Fee - DCS |
$18.25 |
|
|
569.1737 |
WAPC Form 1A Freehold Subdivision application fees – 33 Leman Street MJP |
$3,487.00 |
|
|
7.1014 |
Corporate Card Fee - DDR |
$18.25 |
|
|
Total Credit Card Payments |
$9,644.15 |
||
|
Total Payments for the month May 2020 |
$1,027,251.51 |
||
STATUTORY ENVIRONMENT:
Local Government (Financial Management) Regulations 1996, Regulations (12) and (13).
Policy / Strategic Implications:
Nil.
Organisational risk management:
Nil.
Financial Implications:
As stated.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the accounts paid during May 2020 totalling $1,027,251.51 as detailed in Attachment: 9.3.4(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council receive the accounts paid during May 2020 totalling $1,027,251.51 as detailed in Attachment: 9.3.4(1). ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.5.3 Proposed Eight Lot Subdivision at Lot 364 Aldersea Drive and Lot 377 Perup Road, Manjimup
|
PROPONENT |
Across Planning |
|
OWNER |
Mr Derek Liddelow |
|
LOCATION / ADDRESS: |
Lot 364 Aldersea Drive and Lot 377 Perup Road, Manjimup |
|
WARD: |
Central |
|
ZONE: |
General Agriculture, Residential R12.5, Rural Residential, Parks and Recreation |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA20/97 P50043 P58026 WAPC 159313 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister |
|
DATE OF REPORT: |
16 June 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Western Australian Planning Commission (WAPC) has referred a proposed 8 lot subdivision relating to Lot 364 Aldersea Drive and Lot 377 Perup Road, Manjimup (subject land) to the Shire of Manjimup for comment.
The subject land has an area of approximately 60.73 hectares and is located, as shown below between Aldersea Drive (to the south-west) and Perup Road (to the north). The land currently consists of a dwelling and outbuilding, two large dams, some remnant vegetation and pastoral areas.
LOCATION PLAN
Examination of Shire records identifies that the subject land has for numerous years been identified for subdivision purposes, with the Shire’s previous Town Planning Scheme No 2 (TPS No 2) including Lot 364 within the Residential Zone at the time of its gazettal in 1987.
With respect to Lot 377, Amendment No 96 to TPS No 2 rezoned the land to from “Rural” and “Public Purposes” to a mixture of Residential, Special Rural and Parks and Recreation. The rezoning when gazetted in 2004 effectively extended the residential zoning applicable to Lot 364 into the western portions of Lot 377, identified open space around the existing dam and included the balance of the property within the Special Rural Zone (now known as Rural Residential).
In 2007 the WAPC granted conditional approval to the creation of a substantial residential subdivision over Lot 364 and the south western corner of Lot 377. Whilst some preliminary site works occurred, these works did not progress and no titles were sought or created.
Subsequently in 2015 the current landowner obtained WAPC’s conditional approval to the subdivision of Lot 364 into two lots. The landowner has since advised that they do not wish to proceed with that subdivision as it would detrimentally impact on future subdivision and development of the remaining land.
The WAPC has now requested the Shires comments on a revised subdivision proposal involving the creation of 8 lots. By way of summary, the application as submitted proposes the subdivision of Lot 364 into 5 residential lots ranging from 1,634m² to 2,048m² in area.
In order to facilitate this subdivision, it is also proposed to subdivide the adjacent Lot 377 in order to:
a) Rationalise the road reserve to be provided to provide access to the five residential lots and the balance of Lot 377;
b) Establish an Emergency Access Way (EAW) to Perup Road in order to meet the requirements of Bushfire Planning for a secondary escape route; and
c) The Balance of Title, which will have frontage to the proposed road reserve as well as retaining access to Perup Road.
A copy of the subdivision application is attached.
ATTACHMENT: 9.5.3(1)
This application is referred to Council for determination, given that Shire officers do not have delegated authority to process a subdivision that will result in the creation of more than five lots.
PUBLIC Consultation Undertaken:
The application has been referred
to the Shire by WAPC as part of their consultation process. No public
consultation has been undertaken.
COMMENT (Includes Options):
The provisions of Local Planning Scheme No.4 (the Scheme) include Lot 364 in the Residential Zone, with an applicable density of R12.5. The Scheme applies a number of zones to Lot 377 being Residential R12.5, Rural Residential and General Agriculture which applies to the access leg to Perup Road. The Scheme furthermore reserves portion of Lot 377 for Parks and Recreation, identifies the Rural-Residential portion of the land as Rural Residential RR15 and applies a Special Control Area 9 planning overlay.
Examination of the submitted plans confirms that the proposed residential lots will be wholly contained within that portion of the land zoned Residential (R12.5).
Residential Zone Objectives
As outlined within clause 4.3.2 and 4.6.2 of the Scheme, the objectives in managing and guiding land use, development and subdivision of Residential zoned land include, but are not limited to:
Clause 4.3.2
“(i) provide for a range of housing choice with high level of amenity in residential areas and which reflects a non-metropolitan lifestyle;
(ii) provide for the adequate supply of suitably located land to meet the ongoing residential needs of the community consistent with the Residential Design Codes;
(iv) ensure development and use are appropriately serviced; and
(vii) ensure that the density of the development takes cognisance of the availability of reticulated sewerage, the effluent disposal characteristics of the land and other servicing and environmental factors.”
Subdivision Standards
Subdivision of land within the Residential and Rural Residential Zone is guided by the general provisions contained in clause 5.33.2 and 5.36.2 of the Scheme respectively, together with more specific requirements outlined within Schedule Two for RR15. Further advice regarding these requirements is provided below to assist Council in determining its comment on the application.
Structure Plan
Clause 5.36.2 of the Scheme stipulates that subdivision shall “generally be in accordance with an endorsed Structure Plan that has been prepared and endorsed in accordance with Clause 6.4 or adopted as part of a Scheme Amendment..”. A copy of the Subdivision Guide Plan (SGP) that formed part of Amendment 96 to TPS2 for Perup Road, Manjimup is shown attached.
ATTACHMENT: 9.5.3(2)
The key elements of the SGP are:
· 500 metre buffer from waste water treatment plant;
· existing vegetation;
· residential land at R12.5 density;
· special rural (rural residential) blocks
· significant public open space consisting of drainage lake, public swimming areas and bushland reserve; and
· main sewer line.
R-Codes Assessment
As stated above, the Scheme applies a density of R12.5 to Lot 364, meaning 12.5 dwellings per hectare and an average lot size of 800m².
The proposed Residential zoned lots range in size from 1,634m² to 2,048m² with an average of 1,831m². The proposed lots are therefore more than double the average size for the density and will be below the maximum density prescribed by the Scheme. Each lot will be capable of being considered for further subdivision in the future, although Bushfire Management requirements may prevent this.
Whilst the submission received does not provide justification for the proposed lot sizes, discussions with the landowner and their consultant indicates an intent to reflect existing lot sizes in Aldersea Drive. Lots consistent with the R12.5 density are being contemplated for the balance of the residential zone.
Although the subdivision as proposed will result in fewer new residential allotments than the zoning of the land permits, there is merit in the proposed lots sizes in that:
a) Lot 364 falls approximately 9 metres from the rear (south east corner) to its north-western boundary. A series of retaining walls would be required to facilitate smaller lots, significantly adding to the cost of establishment;
b) By establishing larger lots on Lot 364, future dwellings can be appropriately separated from native vegetation located on adjacent land to the south-east, lowering the Bushfire Attack Level and minimising the cost of construction associated with future homes; and
c) The proposed lot sizes will complement existing larger residential lots fronting Aldersea Drive to the south/south-west.
Future Re-subdivision Potential
In finalising the Shires new Draft Local Planning Scheme No 5, Council may wish to consider the future applicable density to prevent further subdivision of the 5 proposed residential lots and provide certainty for future purchases in respect of the lot sizes. For example by applying a density of R5, the average lot size of 1,000m² would result in only of the five lots having subdivision potential.
Bushfire Management
Applicable Bushfire Attack Level (BAL) Rating
The applicants have identified a building envelope for each of the proposed residential lots, where development within the envelope will comply with bushfire management requirements with a BAL rating of BAL-29 or less.
Battle-axe Lots
The proposed design of subdivision for the residential lots on Lot 364 shows Lots 3 and 4 as accessed via battle-axe legs that are 10 metres in width at the road and 6 metres wide for the length.
The submitted Bushfire Management Plan excludes an assessment of these lots as battle-axe lots as the road frontage is 10 metres. Shire Officers do not agree with this assessment, as the minimum road frontage for R12.5 density lots is 17 metres.
As a result, the Bushfire Management Plan will require amending prior to any endorsement by the Shire of Manjimup.
Emergency Access Way
The proposed subdivision includes the creation of Lot 6 as an EAW which is proposed to be upgraded to a public road standard as subdivision occurs to the balance lot in the future.
It is suggested that the WAPC be requested not to vest proposed Lot 6 into the management of the Shire of Manjimup for the purposes of an EAW as this could limit the Shire requiring the full cost of road upgrade from the developer. An easement for emergency access will be requested over proposed Lot 6.
Conclusion
The proposed subdivision is generally consistent with the provisions of the Scheme and the applicable Subdivision Guide Plan. It is therefore recommended that Council support the proposal subject to conditions to address amongst other things:
· Formal requirements to establish and maintain the proposed Emergency Access Way; and
· Amendment of the Bushfire Management Plan to reflect the proposed battle-axe lots as indicated in the design of subdivision of Lot 364.
It is also recommended that Council consider adjusting the residential density applicable to the proposed lots.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No 4.
Policy / Strategic Implications:
Approval to subdivide the land as proposed will provide the landowner the opportunity to proceed with the creation of 5 residential allotments in the short term. Through discussions with the landowner, Shire Officers have been advised that this will allow him to test the market and establish a stream of income that could be used for future subdivision of Lot 377.
Creation of new residential allotments will provide an opportunity for the construction of new dwellings and associated infrastructure such as outbuildings, fences etc and ensure that there is a range of residential lifestyles available.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: The future stages of subdivision will be impacted by the waste water treatment plant buffer.
Economic: The proposed subdivision will introduce new landowners to the Manjimup area and will assist in supporting the local economy.
Social: Subdivision of the land as proposed will create a small number of larger residential lots, providing opportunities for housing and lifestyle choices within the Manjimup townsite.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Advise the Western Australian Planning Commission that it supports the application for the proposed subdivision at Lots 364 Aldersea Drive and Lot 377 Perup Road, Manjimup as shown at Attachment: 9.5.3(1), subject to the recommended conditions below:
a) The landowner/applicant shall provide a written undertaking to the satisfaction of the Western Australian Planning Commission to advise prospective purchasers of the provisions of the local government’s local planning scheme that relate to the use and management of the land.
b) Engineering drawings and specifications are to be submitted and approved, and works undertaken in accordance with the approved engineering drawings and specifications and approved plan of subdivision, for the filling and/or draining of the land, including ensuring that stormwater is contained on-site, or appropriately treated and connected to the local drainage system. Engineering drawings and specifications are to be in accordance with an approved Urban Water Management Plan (UWMP) for the site, or where no UWMP exists, to the satisfaction of the Western Australian Planning Commission.
c) Engineering drawings and specifications are to be submitted and approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications to ensure that:
· street lighting is installed on all new subdivisional roads to the standards of the relevant licensed service provider and/or
· roads that have been designed to connect with existing or proposed roads abutting the subject land are coordinated so the road reserve location and width connect seamlessly and/or
· temporary turning areas are provided to those subdivisional roads that are subject to future extension and/or
· embayment parking is provided within the road reserve abutting the existing Public Open Space to the satisfaction of the Western Australian Planning Commission.
d) All local streets within the subdivision being truncated in accordance with the Western Australian Planning Commission’s Liveable Neighbourhoods Policy DC 1.7 General Road Planning.
e) Suitable arrangements being made with the local government for the provision of vehicular crossover(s) to service proposed lots 1 to 5 as shown on the approved plan of subdivision.
f) A notification, pursuant to Section 165 of the Planning and Development Act 2005, is to be placed on the certificate(s) of title of the proposed lot(s) with a Bushfire Attack Level (BAL) rating of 12.5 or above, advising of the existence of a hazard or other factor.
This notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:
‘This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and is/may be subject to a Bushfire Management Plan. Additional planning and building requirements may apply to development on this land’
g) Information is to be provided to demonstrate that the measures contained in Section 6; Table 6 of the bushfire management plan Final version dated 21 May 2020 have been implemented during subdivisional works. This information should include a completed ‘Certification by Bushfire Consultant’ from the bushfire management plan.
h) Easement(s) in accordance with Section 195 of the Land Administration Act 1997 specifying access rights for emergency fire purposes in favour of the Local Government and/or public authority are to be placed on the certificate(s) of title of the proposed Lot 6 and the deed(s) of easement to specify care and management of the easement area is by the Local Government. Notice of this easement(s) is to be included on the diagram or plan of survey (deposited plan). The easement(s) are to state as follows:
“The 6 metre wide permanent emergency access way for vehicles is to be maintained so as to provide a secondary escape routes for residents in the area”
i) A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificate(s) of title of the proposed residential lots advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:
“This lot is located within 300 metres of agricultural activities and has the potential to be affected by odours, noise, spray drift and dust that are associated with the continued agricultural use”
j) An area(s) of land at least 4,566m² in area, in a position to be agreed with the Western Australian Planning Commission, being shown on the diagram or plan of survey (deposited plan) as a reserve for recreation and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown.
k) The landowner entering into an agreement with the local government to ensure reciprocal rights of access over adjoining battle-axe access ways.
Advice to applicant:
i. With regard to Condition f), the Bushfire Management Plan should be amended to include an assessment of the battle-axe lots.
ii. With regards to Condition h) the easement is to provide for emergency access in the event of a bushfire emergency and should be constructed to the standards as outlined in the Guidelines for Planning in Bushfire Prone Areas.
iii. In regard to Condition j) the Western Australian Planning Commission hereby agrees to a cash-in-lieu contribution in accordance with Section 153 of the Planning and Development Act 2005.
iv. The landowner/applicant and the local government are advised to refer to the Institute of Public Works Engineering Australia Local Government Guidelines for Subdivisional Development (current edition). The guidelines set out the minimum best practice requirements recommended for subdivision construction and granting clearance of engineering conditions imposed.
2. Support to a reduction in the applicable density to be applied to the Residential Zoning of Lot 364 under draft Local Planning Scheme No 5 in order to prevent the future subdivision of the five lots proposed to create under the applicable for subdivision.
|
Moved: Eiby, W Seconded: Tapley, D
That Council: 1. Advise the Western Australian Planning Commission that it supports the application for the proposed subdivision at Lots 364 Aldersea Drive and Lot 377 Perup Road, Manjimup as shown at Attachment: 9.5.3(1), subject to the recommended conditions below: a) The landowner/applicant shall provide a written undertaking to the satisfaction of the Western Australian Planning Commission to advise prospective purchasers of the provisions of the local government’s local planning scheme that relate to the use and management of the land. b) Engineering drawings and specifications are to be submitted and approved, and works undertaken in accordance with the approved engineering drawings and specifications and approved plan of subdivision, for the filling and/or draining of the land, including ensuring that stormwater is contained on-site, or appropriately treated and connected to the local drainage system. Engineering drawings and specifications are to be in accordance with an approved Urban Water Management Plan (UWMP) for the site, or where no UWMP exists, to the satisfaction of the Western Australian Planning Commission. c) Engineering drawings and specifications are to be submitted and approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications to ensure that: · street lighting is installed on all new subdivisional roads to the standards of the relevant licensed service provider and/or · roads that have been designed to connect with existing or proposed roads abutting the subject land are coordinated so the road reserve location and width connect seamlessly and/or · temporary turning areas are provided to those subdivisional roads that are subject to future extension and/or · embayment parking is provided within the road reserve abutting the existing Public Open Space to the satisfaction of the Western Australian Planning Commission. d) All local streets within the subdivision being truncated in accordance with the Western Australian Planning Commission’s Liveable Neighbourhoods Policy DC 1.7 General Road Planning. e) Suitable arrangements being made with the local government for the provision of vehicular crossover(s) to service proposed lots 1 to 5 as shown on the approved plan of subdivision. f) A notification, pursuant to Section 165 of the Planning and Development Act 2005, is to be placed on the certificate(s) of title of the proposed lot(s) with a Bushfire Attack Level (BAL) rating of 12.5 or above, advising of the existence of a hazard or other factor. This notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows: ‘This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and is/may be subject to a Bushfire Management Plan. Additional planning and building requirements may apply to development on this land’ g) Information is to be provided to demonstrate that the measures contained in Section 6; Table 6 of the bushfire management plan Final version dated 21 May 2020 have been implemented during subdivisional works. This information should include a completed ‘Certification by Bushfire Consultant’ from the bushfire management plan. h) Easement(s) in accordance with Section 195 of the Land Administration Act 1997 specifying access rights for emergency fire purposes in favour of the Local Government and/or public authority are to be placed on the certificate(s) of title of the proposed Lot 6 and the deed(s) of easement to specify care and management of the easement area is by the Local Government. Notice of this easement(s) is to be included on the diagram or plan of survey (deposited plan). The easement(s) are to state as follows: “The 6 metre wide permanent emergency access way for vehicles is to be maintained so as to provide a secondary escape routes for residents in the area” i) A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificate(s) of title of the proposed residential lots advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows: “This lot is located within 300 metres of agricultural activities and has the potential to be affected by odours, noise, spray drift and dust that are associated with the continued agricultural use” j) An area(s) of land at least 4,566m² in area, in a position to be agreed with the Western Australian Planning Commission, being shown on the diagram or plan of survey (deposited plan) as a reserve for recreation and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. k) The landowner entering into an agreement with the local government to ensure reciprocal rights of access over adjoining battle-axe access ways. Advice to applicant: i. With regard to Condition f), the Bushfire Management Plan should be amended to include an assessment of the battle-axe lots. ii. With regards to Condition h) the easement is to provide for emergency access in the event of a bushfire emergency and should be constructed to the standards as outlined in the Guidelines for Planning in Bushfire Prone Areas. iii. In regard to Condition j) the Western Australian Planning Commission hereby agrees to a cash-in-lieu contribution in accordance with Section 153 of the Planning and Development Act 2005. iv. The landowner/applicant and the local government are advised to refer to the Institute of Public Works Engineering Australia Local Government Guidelines for Subdivisional Development (current edition). The guidelines set out the minimum best practice requirements recommended for subdivision construction and granting clearance of engineering conditions imposed. 2. Support to a reduction in the applicable density to be applied to the Residential Zoning of Lot 364 under draft Local Planning Scheme No 5 in order to prevent the future subdivision of the five lots proposed to create under the applicable for subdivision.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
42
9.5.5 Proposed Ancillary Accommodation at Lot 9034 (62) Doaks Road, Yanmah
|
PROPONENT |
Mr G P Muir |
|
OWNER |
Mr G P Muir |
|
LOCATION / ADDRESS: |
Lot 9034 (62) Doaks Road, Yanmah |
|
WARD: |
North |
|
ZONE: |
Priority Agriculture |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA20/89 P53013 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister |
|
DATE OF REPORT: |
26 June 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to consider a development application for Ancillary Accommodation with a setback variation at Lot 9034 (62) Doaks Road, Yanmah, being a 42.83 hectare rural property used for agricultural purposes. As shown on the location plan below, the property is located on the eastern side of Doaks Road near the Graphite Road intersection.
LOCATION PLAN
There is currently a 15.5 metre by 35.1 metre (544m²) primary dwelling and a number of sheds on the property as well as a large dam and smaller sized dam.
The applicant is proposing to construct a 265.24m² dwelling with verandah and alfresco for use as ancillary accommodation, approximately 360 metres from the primary dwelling. The dwelling is proposed to be located 100 metres from the front boundary, 30 metres from the northern boundary (side) and 460 metres from the southern boundary (side).
The dwelling, if approved, will consist of five bedrooms, three bathrooms plus study and open plan living areas. The applicant is the son of the owner and has provided justification for the ancillary accommodation, which is to be used by the applicant to care for his parents and to take over the farm operation and property maintenance. A copy of the proposed plans are shown attached.
ATTACHMENT: 9.5.5(1)
Council is requested to consider the application due to the variations to Local Planning Policy 6.18 – Ancillary Accommodation (the Policy) in respect of the proximity to the primary dwelling, as detailed in the comment section below.
PUBLIC Consultation Undertaken:
The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) for a 21 day period to adjoining land owners. No comments where received during this period.
COMMENT (Includes Options):
In determining an application for planning approval, Clause 10.2 of the Scheme requires that various matters are taken into account, including but not limited to:
“(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;
(vi) the local government’s adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4…; and
(x) the compatibility of a use or development with its setting including the potential impact on the use and enjoyment of adjacent and nearby land and taking into consideration any Special Control Area.”
The subject property is zoned Priority Agriculture by the Scheme. The purpose of the zone as outline in Clause 4.41 is to provide for the sustainable use of high quality agricultural land, preserving existing agricultural production and allowing for new agricultural production.
To guide Council in its determination of the application the following comments are offered:
Land Use Classification
The proposed dwelling is consistent with the land use classification of ancillary accommodation (dwelling) as defined in the State Planning Policy 7.3 – Residential Design Codes Volume 1 (2019 R-Codes) being “a self-contained dwelling on the same lot as a single house which may be attached to, integrated with or detached from the single house.”
Land Use Permissibility
An Ancillary Accommodation is a ‘D’ use within the Priority Agricultural zone, that is a use that is “not permitted unless the local government has exercised its discretion by granting planning approval.”
Local Planning Policy 6.1.8 – Ancillary Accommodation
As outlined within Local Planning Policy 6.1.8 - Ancillary Accommodation (the Policy) the objective in allowing Ancillary Accommodation is to:
· facilitate the effective caring of aged or dependant persons within a family environment;
· protect the economic viability of the general farming areas and prevent conflict with adjacent land uses; and
· retain the rural character of the area.
Consistent with the above objectives, the Policy assessment criteria outlines that Council requires justification for Ancillary Accommodation, which may include the following:
· Provision of care for aged or dependant persons; or
· Assistance being required from family members to maintain the viability of general farming practices on site.
The Policy also states “Council may also consider dependencies where the persons to reside in the Ancillary Accommodation are to care for residents of the main dwelling”. As detailed within correspondence submitted in support of the application (refer Attachment: 9.5.5(1)), the applicant, as son of the landowners, is proposing to construct the dwelling for the purpose of caring for his aged parents and to take over management of the farm.
Given the above, the proposal is consistent with the policy provisions in respect of the proposed purpose of the accommodation.
With respect to the separation distance from the primary dwelling, to distinguish between Ancillary Accommodation and group dwellings, the policy states that Council shall generally require Ancillary Accommodation to be established in close proximity (no greater than 50 metres) to the existing primary dwelling. Common facilities such as common driveways, co-location of private open space and outbuildings shall be required.
As detailed in the background section of this agenda item, the proposed accommodation is to be located approximately 360 metres from the primary dwelling. The applicant has provided a justification for the variation being that site conditions close to the primary dwelling including sheds, stock-yards, power lines and topography restrict the placement of the dwelling.
The increased separation is not considered to provide a greater justification for subdivision and an advice note is recommended to ensure the landowner is aware of the restriction.
Bushfire Prone Area
The property is located in a designated Bushfire Prone Area due to the hazard created from the roadside vegetation. As the dwelling is proposed to be setback 100 metres from the front boundary, it is in the opinion of the author of this report that the BAL will be either LOW or 12.5. The applicant was advised to complete a self-assessment BAL, and did so identifying the development area as being BAL LOW.
Conclusion
The proposal is considered compliant with the Scheme and conditional approval is therefore recommended.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No. 4.
Policy / Strategic Implications:
Approval to the proposed Ancillary Accommodation as recommended is consistent with the following Goals contained within the Strategic Community Plan 2019-2029:
Community Goals
2.2 Existing core industries, such as agriculture and timber, are resilient and sustainable.
3.1 The health and wellbeing of people of all ages and circumstances is supported within their own community.
Organisational risk management:
Nil.
Financial Implications:
The required planning fee has been paid by the applicant.
Sustainability:
Environmental: Nil.
Economic: If approved the ancillary accommodation will ensure the continuation and management of the farm business.
Social: Approval to the application as submitted will permit the current landowners to ‘age in place’ with the support of their son in managing ongoing agricultural activities being undertaken on the property.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council in accordance with Part 10 and clause 5.5 of Shire of Manjimup Local Planning Scheme No.4, grants planning approval for an Ancillary Accommodation located at Lot 9034 Doaks Road, Yanmah (Application TP 2020/78) in accordance with the plans and specifications attached at Attachment 9.5.5(1) and subject to the following conditions:
a) The development permitted shall be carried out generally in accordance with the plans and specifications as listed below:
|
Reference |
Document Title |
Date Received |
|
1. |
Context Plan |
22 May 2020 |
|
2. |
Location Plan |
22 May 2020 |
|
Sketch\2020\muir plan (2) |
Site Plan 2 |
22 May 2020 |
|
Sketch\2020\muir plan (2) |
Floor Plan |
22 May 2020 |
|
Sketch\2020\muir plan (2) |
Elevations |
22 May 2020 |
b) An on-site potable water supply not less than 135,000 litres storage capacity shall be provided on the site and connected to the development prior to occupation of the building and to the satisfaction of the Shire of Manjimup.
c) The potable water supply referred to in point b) above, being maintained to the satisfaction of the Shire of Manjimup for the duration of the use hereby approved.
d) Unless otherwise approved by the Shire of Manjimup, all stormwater and drainage runoff is to be retained on the subject property to the satisfaction of the Shire of Manjimup.
e) The approved dwelling may be occupied by a member of the family occupying the primary dwelling or an aged or dependent persons’ (or their carer) in conformity with the provisions of Shire’s operative Local Planning Scheme to the satisfaction of the Shire of Manjimup and shall not be used for any other purpose without the prior approval of the Shire of Manjimup.
f) Provision shall be made within the site for one (1) car parking bay.
Advice to Applicant
i. The proponent is advised that this Development Approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.
ii. With respect to condition b), access shall be permitted to domestic water supplies for emergency firefighting purposes and to facilitate this, the tank is to be fitted with standard firefighting couplings in accordance with Department of Fire and Emergency Services requirements, to enable firefighting appliances to draw water. The valve shall be fitted so as to leave 15,000 litres capacity of water in the tank.
iii. This approval to establish ancillary accommodation on the subject land shall not be viewed as providing a basis for subdivision of the land to create a separate title for the ancillary accommodation and any such proposal will not be supported by Shire of Manjimup.
iv. The proponent is advised that the approved development must comply with all relevant provisions of the Health Act (Miscellaneous Provisions) 1911 (as Amended) and the National Construction Code.
v. Prior to commencing development, an application to construct or install an apparatus for the treatment of sewage and other disposal of effluent and liquid wastes must be submitted for the approval of the Department of Health, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.
vi. Leach drains or soak wells must not be located beneath areas subject to vehicular traffic.
|
Moved: Eiby, W Seconded: Tapley, D
That Council in accordance with Part 10 and clause 5.5 of Shire of Manjimup Local Planning Scheme No.4, grants planning approval for an Ancillary Accommodation located at Lot 9034 Doaks Road, Yanmah (Application TP 2020/78) in accordance with the plans and specifications attached at Attachment 9.5.5(1) and subject to the following conditions:
a) The development permitted shall be carried out generally in accordance with the plans and specifications as listed below:
b) An on-site potable water supply not less than 135,000 litres storage capacity shall be provided on the site and connected to the development prior to occupation of the building and to the satisfaction of the Shire of Manjimup. c) The potable water supply referred to in point b) above, being maintained to the satisfaction of the Shire of Manjimup for the duration of the use hereby approved. d) Unless otherwise approved by the Shire of Manjimup, all stormwater and drainage runoff is to be retained on the subject property to the satisfaction of the Shire of Manjimup. e) The approved dwelling may be occupied by a member of the family occupying the primary dwelling or an aged or dependent persons’ (or their carer) in conformity with the provisions of Shire’s operative Local Planning Scheme to the satisfaction of the Shire of Manjimup and shall not be used for any other purpose without the prior approval of the Shire of Manjimup. f) Provision shall be made within the site for one (1) car parking bay.
Advice to Applicant i. The proponent is advised that this Development Approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works. ii. With respect to condition b), access shall be permitted to domestic water supplies for emergency firefighting purposes and to facilitate this, the tank is to be fitted with standard firefighting couplings in accordance with Department of Fire and Emergency Services requirements, to enable firefighting appliances to draw water. The valve shall be fitted so as to leave 15,000 litres capacity of water in the tank. iii. This approval to establish ancillary accommodation on the subject land shall not be viewed as providing a basis for subdivision of the land to create a separate title for the ancillary accommodation and any such proposal will not be supported by Shire of Manjimup. iv. The proponent is advised that the approved development must comply with all relevant provisions of the Health Act (Miscellaneous Provisions) 1911 (as Amended) and the National Construction Code. v. Prior to commencing development, an application to construct or install an apparatus for the treatment of sewage and other disposal of effluent and liquid wastes must be submitted for the approval of the Department of Health, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. vi. Leach drains or soak wells must not be located beneath areas subject to vehicular traffic.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
45
9.5.8 Delegated Planning Decisions for June 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: |
1 July 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 June 2020 is attached.
ATTACHMENT: 9.5.8(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 June 2020, nine (9) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for June 2020 compared to June 2019:
Table 1: Planning Decisions Made June 2019 and 2020
|
|
June 2019 |
June 2020 |
|
Delegated Decisions |
14 ($609,444) |
9 ($317,451) |
|
Council Decisions |
2 ($265,000) |
5 ($224,000) |
|
Total |
16 ($874,444) |
14 ($541,451) |
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 |
126 ($11,419,636) |
111 ($7,667,234) |
|
Council Decisions |
49 ($15,637,300) |
40 ($2,255,073) |
|
Total |
175 ($27,056,936) |
151 ($9,922,307) |
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 June 2020 as per Attachment: 9.5.8(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council receives the report on Delegated Development Approvals for June 2020 as per Attachment: 9.5.8(1).
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
51
9.5.10 Request for Time Extension to Comply with Planning Conditions at Lot 106 (23) Brockman Street, Pemberton
|
PROPONENT |
Mr S Peaple |
|
OWNER |
Jarrah Forest Consulting Pty Ltd |
|
LOCATION / ADDRESS: |
Lot 106 (23) Brockman Street, Pemberton |
|
WARD: |
West Ward |
|
ZONE: |
Town Centre |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA17/130 P57600 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Brian Robinson |
|
DATE OF REPORT: |
2 July 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
At its Ordinary Meeting held 14 September 2017 Council considered an application for the construction of a Small Bar, Holiday Accommodation and Café at Lot 106 (23) Brockman Street, Pemberton. A location plan is shown below.
Location Plan
Council resolved (Resolution 27155) to approve the proposal subject to 15 conditions, effectively relaxing the on-site parking by 7 bays as detailed in the comment section below. Conditions c), d) and e) as imposed by Council relate to the construction of car parking, allocation of bays through line marking and provision of one accessible bay, which were required prior to occupation of the development.
An excerpt of the Council minutes relating to the matter are appended.
APPENDIX: 9.5.10(A)
As an occupancy permit was not required under the Building Code of Australia, the Shire was not advised prior to the owners commencing use of the holiday accommodation.
The owner is now seeking to commence use of the small bar and has requested an extension of time to construct the car parking area in accordance with the standards outlined in Local Planning Scheme No. 4 (the Scheme). Approval to an extension of time will allow for occupancy and commencement of use of the business (Small Bar).
As the landowners request contains matters of a very personal nature, the submission has not been attached to this agenda item and will be provided to elected members on request.
PUBLIC Consultation Undertaken:
The application was advertised in 2017 in accordance with clause 9.6 of the Scheme. No submissions were received.
COMMENT (Includes Options):
The provisions of the Scheme include the subject land within the Town Centre zone. With respect to the request the following comments are offered:
Required Parking Bays
As identified within the agenda item to Council in September 2017, parking for the development (including the Holiday Accommodation and Small Bar) was calculated as 16 bays. Having regard to existing parking bays abutting the site, within Brockman Street and Railway Crescent, Council resolved to approve the application subject to the provision of nine (9) parking bays on the site.
Provision of Parking prior to Use
As outlined by clause 5.17.1, unless otherwise approved by Council, land within the Scheme area shall not be used or developed unless on-site parking is provided.
Parking Standard
The parking standards outlined in clause 5.17.9 of the scheme set the agreed quality that is expected for those developments that require parking to be constructed on site. As stated within that clause, except as otherwise approved by the local government, all parking areas shall be constructed with a sealed surface comprising bitumen seal, concrete, brick paving or pea-gravel seal on a compacted base with associated drainage and linemarking.
Basis of Request
As detailed in the submitted correspondence, the applicant has outlined a number of significant impacts on the timing of the development, including:
a) The applicant experienced significant life threatening illness, which resulted in their hospitalisation for the majority of the build;
b) The applicants business partner suddenly left the partnership, leaving the applicant to complete the fit out of the premises; and
c) The impact of the COVID-19 pandemic on the applicant’s normal employment and associated income.
The applicant is requesting Council support to allow him to commence operation of the Small Bar in order to generate some income and complete the development. Should the request be approved, the applicant intends to construct the carpark prior to the end of September 2020.
Relaxation of Standards
In accordance with clause 5.5 of the Scheme, Council may relax a standard or requirement prescribed by the Scheme, provided that:
a) Approval of the proposed development would be appropriate having regard to the criteria set out in clause 10.2; and
b) 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, the potential for non-compliance up to 30 September 2020 has limited potential to result in adverse impacts on either occupiers or users of the development or inhabitants of the locality. Should Council support the application, it is recommended that an extension be granted until 31 December given that weather conditions may still hinder installation prior to 30 September 2020.
Planning Exemptions
The State Government has approved a number of planning exemptions under the State of Emergency associated with COVID-19 through a Notice of Exemption from Planning Requirements During State of Emergency (Notice of Exemption). In accordance with Schedule 5 of the Notice of Exemption proponents have been granted additional time to provide on site parking facilities where consistent with the following:
1. Provided that this exemption only applies to:
a) non-residential development; and
b) where the proponents provides less than the number of parking bays required for the use in question, and the shortfall is 10 parking bays or less.
2. An exemption under this clause will expire 90 days after the date upon which the State of Emergency Declaration ceases to have effect or is revoked.
With the lack of a formally sealed parking area on site effectively resulting in a shortfall of 9 parking bays, granting additional time for their construction is consistent with the provisions of Clause 78H of the Notice of Exemption.
Conclusion
Prior to commencement of a new land use, unless otherwise approved by Council, the provisions of the Scheme require formal sealed car parking to be provided prior to commencement of a use.
In this case, the applicant has requested an extension in time until 30 September 2020 due to personal reasons and the impact of the COVID-19 pandemic on his usual occupation and income.
Having regard to the applicants personal circumstances and given that the request is consistent with the intent of the COVID-19 planning exemptions, approval of the applicants request is recommended. As weather conditions are likely to hinder installation of the parking area prior to 30 September, it is recommended that an extension be granted until 31 December 2020.
STATUTORY ENVIRONMENT:
The requirements relating to car parking are set out by the provisions of the Scheme. As outlined in the comment section above, Council has authority under the scheme to relax standards or requirements set out within the Scheme. This includes the standard requirement for car parking to be established prior to commencement of the activity.
Policy / Strategic Implications:
Support of the applicants request for additional time would be consistent with the following Strategies identified within the Shire of Manjimup Strategic Community Plan 2019-2029:
B4. Support sustainable agricultural expansion, value-adding and downstream processing, research and development, culinary and agri-tourism, land protections and continued support for the Southern Forests Food Council.
B10. Ensure the regulatory environment is easy to navigate and development, business friendly environment.
Organisational risk management:
There is minimal risk associated with approving the applicants request. Should the applicant fail to comply with the revised timeline, further action may be considered at that time.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Support of the applicants request will provide the landowner with an opportunity to raise the funds necessary for completing the car park construction, whilst ultimately ensuring compliance with the scheme.
Social: The proposed activity will provide a new experience for both the residents and visitors to Pemberton.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Approve the applicants request for additional time to complete construction of the parking area required in association with Development Application DA17/130 in accordance with the provisions of Part 5.5 of Local Planning Scheme No 4; and
2. Amend condition No (c) of Planning Approval DA17/130, granted by Council on 14 September 2017, to read as follows:
“c. Prior to 31 December 2020, the area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall:
· Be constructed, drained and marked to the satisfaction of the Shire of Manjimup;
· Thereafter maintained to the satisfaction of the Shire of Manjimup; and
· Be made available for such use at all times and not used for any other purpose.”
3. Advise the applicants that no further extensions of time will be granted in respect of the formal car parking construction.
|
Moved: Eiby, W Seconded: Tapley, D
That Council: 1. Approve the applicants request for additional time to complete construction of the parking area required in association with Development Application DA17/130 in accordance with the provisions of Part 5.5 of Local Planning Scheme No 4; and 2. Amend condition No (c) of Planning Approval DA17/130, granted by Council on 14 September 2017, to read as follows: “c. Prior to 31 December 2020, the area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall: · Be constructed, drained and marked to the satisfaction of the Shire of Manjimup; · Thereafter maintained to the satisfaction of the Shire of Manjimup; and · Be made available for such use at all times and not used for any other purpose.” 3. Advise the applicants that no further extensions of time will be granted in respect of the formal car parking construction.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
57
9.7.1 Application To Keep More Than Two Cats at RSN 22 (Lot 22) Demiris Drive, Jardee WA 6258
|
PROPONENT |
Misty-Lee Fitzgerald |
|
OWNER |
Mr S L & Mrs M Fitzgerald |
|
LOCATION / ADDRESS: |
RSN 22 Demiris Drive, Jardee |
|
WARD: |
Central Ward |
|
ZONE: |
Rural Residential |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F161270 |
|
LEGISLATION: |
Shire of Manjimup Health Local Laws 1998 and Cat Act 2011 |
|
AUTHOR: |
Stephen Burch/Brian Robinson |
|
DATE OF REPORT: |
15 June 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire received a nuisance complaint about cats wandering in the Demiris Drive area. After an unsuccessful trapping program, it was found through investigation a total of three (3) cats were residing at the subject property.
A direction by Shire Officers was given to the owner of the cats to lodge an application to keep more than two cats, which was completed by the applicant as shown attached.
ATTACHMENT: 9.7.1(1)
|
|
Breed |
Age |
Microchip |
Sterilised |
Sex |
Registration |
|
1. |
DSH |
12 Years |
953 010 004 372 214 |
Yes |
Male |
Awaiting approval |
|
2. |
RAGDOLL X |
2 Years |
953 010 003 822 596 |
Yes |
Male |
106/2020 |
|
3. |
DLH |
2 Years |
953 010 003 460 617 |
Yes |
Female |
105/2020 |
PUBLIC Consultation Undertaken:
Shire of Manjimup sent notification to five (5) separate landowners of abutting properties. In response two (2) responses were received, with one being supportive and one being against the application. Copies of the responses are shown attached.
ATTACHMENT: 9.7.1(2)
ATTACHMENT: 9.7.1(3)
Comments contained within the objection are detailed and discussed within the comment section entitled Wandering.
COMMENT (Includes Options):
To assist Council in determining the application, the following comments are offered:
Limitation on Number of Cats
In accordance with clause 70(1) of the Shire of Manjimup Health Local Laws 1998 (Health Local Laws), a person shall not without an exemption in writing from the Council, keep more than 2 cats over the age of 3 months on land used for residential purposes.
Council Policy
At its Ordinary Meeting held on 5 May 2016, Council adopted Policy 5.2.5 - Applications to Keep Additional Dogs or Cats (the Policy) in order to guide the assessment of applications to keep additional dogs or cats. This policy acts as valuable guideline for Shire of Manjimup employees for assessing applications and outlines acceptable and unacceptable grounds for requesting more than the legal number of animals prescribed by Acts and Local Laws.
In accordance with the Policy, applications shall only be permitted where the following reasons apply:
i. To replace an elderly or sick dog/cat that it is not expected to live;
ii. Sudden family emergency and dog/cat inherited;
iii. Merging of two households; and
iv. Where the applicants have had approval to keep more than the prescribed number in another local authority.
The Policy furthermore outlines that applications made on the following grounds shall not be supported:
a) Just wanting another dog/cat;
b) Rescued a stray and would like to keep it;
c) Family member moves home and brings dog/cat;
d) A third party moving into a property (i.e. a boarder) and bringing a dog/cat with them;
e) Wanting to keep puppies/kittens from litters that have not been disposed of within three months of being born;
f) For breeding purposes, unless the owner is a registered breeder; and
g) Applications seeking to keep declared or restricted breeds.
As the application is not consistent with the circumstances identified as permitted, approval may only be granted through a variation of the policy.
Justification of Ownership
The applicant has indicated that they have owned all three cats since they were kittens. All three cats are sterilised and microchipped as required by the provisions of the Cat Act 2011. The applicant stated that each young child that lives in the house has a cat as a companion, although are not over the age of eighteen to take legal ownership of the cats.
The applicant has also stated that because one of the cats is 12 years old and does get sick often. As a result the cat does not leave the house at all and the applicant does believe that he may not have long to live.
Although neither of the younger cats appear to have been acquired to replace an elderly or sick cat, the current age of the elderly cat appears to indicate that the increase in number will only be for a limited period.
Wandering
In accordance with clause 70(3) of the Health Local Laws, the Council shall not grant an exemption unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health. The primary way that cats can be deemed a nuisance is through wandering.
The applicant stated that the cats spend most of their time in the house and that the only time they go outside is if one of the applicant’s young children leave a door open.
The above said, the objection received indicates that an adjacent landowner believes that the cats are entering their property and killing native birds.
Should Council grant approval the application, there is an opportunity to impose conditions to ensure that the approved cats are contained on the property at all times. Imposition of such a requirement will ensure the approved cats do not wander or create a nuisance and that they are not a threat to local wildlife.
Conclusion
As detailed above, a person may not keep more than two cats on land used for residential purposes, unless an exemption has been sought. In response to a consultation process with adjacent landowners, a submission states that the cats have been wandering onto the author’s property and that they had been killing native birds.
By granting an exemption, Council would be entitled to impose a requirement for the cats to be contained on the property at all times, through use of an appropriate confinement system such as a cat run when they are outside of the home. Imposition of such a requirement would ensure that Council can be satisfied that a nuisance will not result. On this basis it is recommended that the request for an exemption be granted subject to appropriate conditions.
The application details that of the three cats, one is aged 12 years old and is often sick. Given this, the exemption is only likely to be required for a limited period. The exemption will expire should the elderly or either of the other two cats pass away.
STATUTORY ENVIRONMENT:
As referred to within the comment section above, the relevant legislation consists of the Cat Act 2011 and Shire of Manjimup Health Local Laws 1998.
Policy / Strategic Implications:
As outlined within the comment section above, the proposal as submitted is not consistent with the requirements of Policy 5.2.5 - Applications to Keep Additional Dogs or Cats. Notwithstanding this, given the co-operative nature of the applicant, it is recommended that approval be granted subject to appropriate conditions.
Approval to the application subject to confinement of the cats to the property is consistent with Strategies A1 and A3 of the Shire of Manjimup Strategic Community Plan 2019-2029, which read as follows:
A1. Support initiatives that protect and nurture biodiversity and endemic species; and
A3. Implement measures to mitigate or control the negative impact of feral animals on our natural environment.
Organisational risk management:
The cats are all sterilised, there is no risk of the cats breeding. If the application is successful and the applicant understands that they need to take more precautions on not letting the cats leave the house by accident and are contained to the property, reducing the threat to native fauna and the potential for a nuisance to be created.
Financial Implications:
Nil.
Sustainability:
Environmental: Domestic cats do have the potential to impact on the environment if not contained effectively. Both the Cat Act 2011 as well as the Shire of Manjimup Health Local Laws 1998 mitigate the risk to the environment by a cat control strategy.
Economic: Nil.
Social: No impact is anticipated provided the cats are contained within the property.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council grant an exemption to Section 70(2) Shire of Manjimup Health Local Laws 1998 in order to keep three cats on and within 22 Demiris Drive, Jardee subject to compliance with the following conditions:
a) This approval relates to the keeping of the following cats only:
|
|
Breed |
Age |
Microchip |
Sterilised |
Sex |
Registration |
|
1. |
DSH |
12 Years |
953 010 004 372 214 |
Yes |
Male |
Awaiting approval |
|
2. |
RAGDOLL X |
2 Years |
953 010 003 822 596 |
Yes |
Male |
106/2020 |
|
3. |
DLH |
2 Years |
953 010 003 460 617 |
Yes |
Female |
105/2020 |
b) This exemption shall expire once the numbers have been reduced to two cats on the property;
c) That all cats on the property are individually registered with the Shire of Manjimup within 7 days of this approval in accordance with the Cat Act 2011;
d) The applicant owner shall within 30 days establish an appropriate confinement system such as a cat run, to the satisfaction of the Shire of Manjimup, to ensure confinement of the cats occurs when they are outside of the dwelling on the property;
e) The applicant/owner of the cats shall ensure that the cats are managed at all times so as to not leave the property un-accompanied or exhibit nuisance behaviour; and
f) The cats hereby approved shall not be substituted or replaced unless otherwise approved by Council.
Advice to Applicant:
i. The applicant is advised that the Shire of Manjimup reserve the right to revoke this approval should any of the above conditions not be met, or any complaints and/or nuisance results from the keeping of the additional cats on the premises; and
ii. The applicant is advised that this approval is not transferrable to other cats or another property without the prior approval of the Shire of Manjimup.
|
Moved: Eiby, W Seconded: Tapley, D
That Council grant an exemption to Section 70(2) Shire of Manjimup Health Local Laws 1998 in order to keep three cats on and within 22 Demiris Drive, Jardee subject to compliance with the following conditions: a) This approval relates to the keeping of the following cats only:
b) This exemption shall expire once the numbers have been reduced to two cats on the property; c) That all cats on the property are individually registered with the Shire of Manjimup within 7 days of this approval in accordance with the Cat Act 2011; d) The applicant owner shall within 30 days establish an appropriate confinement system such as a cat run, to the satisfaction of the Shire of Manjimup, to ensure confinement of the cats occurs when they are outside of the dwelling on the property; e) The applicant/owner of the cats shall ensure that the cats are managed at all times so as to not leave the property un-accompanied or exhibit nuisance behaviour; and f) The cats hereby approved shall not be substituted or replaced unless otherwise approved by Council. Advice to Applicant: i. The applicant is advised that the Shire of Manjimup reserve the right to revoke this approval should any of the above conditions not be met, or any complaints and/or nuisance results from the keeping of the additional cats on the premises; and ii. The applicant is advised that this approval is not transferrable to other cats or another property without the prior approval of the Shire of Manjimup.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
62
9.7.2 Application To Keep More Than Two Dogs at 30 Clarke Street, Manjimup
|
PROPONENT |
Mr David Harris |
|
OWNER |
Ms Melissa Harris |
|
LOCATION / ADDRESS: |
Lot 527 (30) Clarke Street, Manjimup |
|
WARD: |
Central |
|
ZONE: |
Residential |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F161271 |
|
LEGISLATION: |
Dog Act 1976 and Shire of Manjimup Dogs Local Law 2004 |
|
AUTHOR: |
Ashleigh Reeve |
|
DATE OF REPORT: |
25 June 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
As a result of Shire Officers impounding three dogs after they were found wandering in Manjimup, it was discovered that they all resided at 30 Clarke Street, Manjimup. One dog was already registered and microchipped before being impounded, whilst the registration and microchipping of the remaining two dogs was completed prior to release from the Shire of Manjimup Animal Management Facility.
An application has now been received to keep three dogs, one sterilised female Maltese x Shihtzu and two unsterilised male Staffordshire dogs over the age of three months at the subject property as follows:
|
|
Breed |
Age |
Microchip |
Sterilised |
Sex |
Registration |
|
1. |
Maltese x Shihtzu |
13 Years |
982 000 365 483 388 |
Yes |
F |
390/Lifetime |
|
2. |
Staffordshire |
8 Months |
953 010 004 222 855 |
No |
M |
404/2020 |
|
3. |
Staffordshire |
2 Years |
953 010 004 372 210 |
No |
M |
879/Lifetime |
As stated in the application, approval to keep more than two dogs is sought for the interim as two of the dogs belong to the applicants daughter who is not 18 years old as of yet and is hoping to relocate to another property by the end of the year and will take the two Staffordshire’s with her along with transferring ownership. A copy of the application is shown attached.
ATTACHMENT: 9.7.2(1)
PUBLIC Consultation Undertaken:
Shire of Manjimup sent notification to four separate landowners of abutting properties. No responses or feedback was been received as of the close of the comment period on 30 June 2020.
COMMENT (Includes Options):
To assist Council in determining the application, the following comments are offered:
Limitation on Number of Dogs
In accordance with Part 3 Clause 3.2(2) of the Shire of Manjimup Dog Local Laws 2004, a person shall not without an exemption in writing from the Council, keep more than 2 dogs over the age of 3 months on land used for residential purposes. As the subject land is zoned Residential under the Shire of Manjimup’s Local Planning Scheme No 4, the applicant has been keeping dogs in excess of the numbers permitted under the Dog Local Laws.
Council Policy
At its Ordinary Meeting held on 5 May 2016, Council adopted Policy 5.2.5 - Applications to Keep Additional Dogs or Cats (the Policy) in order to guide the assessment of applications to keep additional dogs or cats. This policy acts as valuable guideline for Shire of Manjimup employees for assessing applications and outlines acceptable and unacceptable grounds for requesting more than the legal number of animals prescribed by Acts and Local Laws.
In accordance with the Policy, applications shall only be permitted where the following reasons apply:
i. To replace an elderly or sick dog/cat that it is not expected to live;
ii. Sudden family emergency and dog/cat inherited;
iii. Merging of two households; and
iv. Where the applicants have had approval to keep more than the prescribed number in another local authority.
The Policy furthermore outlines that applications made on the following grounds shall not be supported:
a) Just wanting another dog/cat;
b) Rescued a stray and would like to keep it;
c) Family member moves home and brings dog/cat;
d) A third party moving into a property (i.e. a boarder) and bringing a dog/cat with them;
e) Wanting to keep puppies/kittens from litters that have not been disposed of within three months of being born;
f) For breeding purposes, unless the owner is a registered breeder; and
g) Applications seeking to keep declared or restricted breeds.
As the application is not
consistent with the circumstances identified as permitted, approval may only be
granted through a variation of the policy.
Justification of Ownership
The applicant has indicated that they have current legal ownership of the three dogs. This will be the case until the applicants daughter reaches 18 years of age after which the ownership of the two Staffordshire’s will be transferred. All three dogs are registered and microchipped as required by the provisions of the Dog Act 1976.
History
The Shire of Manjimup has recorded two minor incidents with the applicant’s dogs. The first incident occurred on 17 June 2020, where the side gate at 30 Clarke Street blew open during bad weather allowing the three dogs named within the application to escape. This resulted in impounding and the completion of registrations and microchipping as required pursuant to the Dog Act 1976.
The second incident occurred on 29 June 2020, to which the dogs pushed open the side gate by moving a block of wood which was keeping it closed. A Shire Ranger attended and the dogs were located only several metres away from the property. Verbal direction was provided to the applicant to improve the fencing and security of the yard. This issue has now been rectified with the applicants wiring the gate closed.
Should Council wish to approve the application, it is recommended that appropriate conditions be imposed to ensure that the approved dogs do not wander or create a nuisance.
Conclusion
Notwithstanding that the applicants reasons for wanting to keep more than two dogs is not consistent with the objectives of Council’s adopted Policy, it is recommended that the application be approved for the following reasons:
· The applicant has owned the dogs for several months;
· The applicant has directions issued by officers and has had the dogs registered and microchipped; and
· The application to keep more than two dogs has been received.
It is recommended that Council should take into consideration the applicant’s cooperativeness in attempting to obtain exemption and grant condition approval subject to more appropriate fencing being established to contain the dogs within the property, ensuring that wandering will not occur.
STATUTORY ENVIRONMENT:
Dog Act 1976 Section 26(3)
Shire of Manjimup Dogs Local Law 2004 Part 3 Clause 3.2(2)
Policy / Strategic Implications:
As outlined within the comment section above, the proposal as submitted is not consistent with the requirements of Policy 5.2.5 - Applications to Keep Additional Dogs or Cats. Notwithstanding this, given the co-operative nature of the applicant, it is recommended that approval be granted subject to appropriate conditions.
Organisational risk management:
Due to no complaints being received in regards to the dogs being a nuisance, there is a low level risk for the health and enjoyment of neighbouring properties to be impacted if permission is granted to keep more than the prescribed number of dogs.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council grant an exemption pursuant to Shire of Manjimup Dog Local Laws 2004 Part 3 Clause 3.2(2) in order to keep three dogs on and within 30 Clarke Street, Manjimup subject to compliance with the following conditions:
a) This approval relates to the keeping of the following dogs only:
|
|
Breed |
Age |
Microchip |
Sterilised |
Sex |
Registration |
|
1 |
Maltese x Shihtzu |
13 Years |
982 000 365 483 388 |
Yes |
Female |
390/Lifetime |
|
2 |
Staffordshire |
8 Months |
953 010 004 222 855 |
No |
Male |
404/2020 |
|
3 |
Staffordshire |
2 Years |
953 010 004 372 210 |
No |
Male |
879/Lifetime |
b) The applicant/owner of the dogs shall ensure that the dogs are managed so as to not leave the property un-accompanied or exhibit nuisance behaviour;
c) The dogs hereby approved shall not be substituted or replaced unless otherwise approved by Council; and
d) Once the numbers have been reduced to two dogs, the exemption is no longer valid.
Advice to Applicant:
i) The applicant is advised that the Shire of Manjimup reserve the right to revoke this approval should any of the above conditions not to be met, or any complaints, legal contraventions and/or nuisance results from the keeping of the additional dogs on the premises; and
ii) The applicant is advised that this approval is not transferrable to other dogs or another property without the prior approval of the Shire of Manjimup.
|
Moved: Eiby, W Seconded: Tapley, D
That Council grant an exemption pursuant to Shire of Manjimup Dog Local Laws 2004 Part 3 Clause 3.2(2) in order to keep three dogs on and within 30 Clarke Street, Manjimup subject to compliance with the following conditions: a) This approval relates to the keeping of the following dogs only:
b) The applicant/owner of the dogs shall ensure that the dogs are managed so as to not leave the property un-accompanied or exhibit nuisance behaviour; c) The dogs hereby approved shall not be substituted or replaced unless otherwise approved by Council; and d) Once the numbers have been reduced to two dogs, the exemption is no longer valid. Advice to Applicant: i) The applicant is advised that the Shire of Manjimup reserve the right to revoke this approval should any of the above conditions not to be met, or any complaints, legal contraventions and/or nuisance results from the keeping of the additional dogs on the premises; and ii) The applicant is advised that this approval is not transferrable to other dogs or another property without the prior approval of the Shire of Manjimup.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
66
APPENDIX
9.12.1 Consideration of Results of Public Consultation Unnamed Road Reserve in the Vicinity of Stirling Road, Pemberton
|
PROPONENT |
Bendotti Avocado & Steven Varnavides |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Unnamed Road Reserve, Channybearup |
|
WARD: |
West Ward |
|
ZONE: |
Priority Agriculture |
|
DIRECTORATE: |
Works & Services |
|
FILE REFERENCE: |
F190380 |
|
LEGISLATION: |
Local Government Act 1995 Land Administration Act 1997 |
|
AUTHOR: |
Catherine Mills and Michael Leers |
|
DATE OF REPORT: |
18 May 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
At the Ordinary Council Meeting of 23 January 2020, Council resolved to support for advertising purposes the proposed closure of a portion of unconstructed road reserve in the vicinity of Stirling Road, Channybearup, Pemberton, in response to a request from the proponent, being the owner of Lot 102 (376 Stirling Road). A copy of this report is appended.
APPENDIX: 9.12.1(A)
Location Plan
In accordance with Council’s resolution, the proposal was publically advertised and letters sent to stakeholders as required by the Land Administration Act 1997. Council is now required to consider the feedback received from the public consultation process, prior to making a final resolution to request the Minister for Lands to close a portion of the road reserve, or resolve not to close the road reserve. Accordingly, the purpose of this report is for Council to consider the results of the public consultation process.
PUBLIC Consultation Undertaken:
The proposed closure was advertised in the Manjimup Bridgetown Times on 5 February 2020, on the Shire website and letters sent to the following stakeholders:
· Department of Planning Lands and Heritage (DPLH);
· Department of Biodiversity Conservation and Attractions (DBCA);
· Telstra Plan Services;
· Western Power;
· Water Corporation;
· Department of Mines Industry Regulation and Safety (DMIRS);
· Department of Water and Environmental Regulation (DWER);and
· Adjacent landowners.
As a result of the consultation process, eight (8) responses were received with five (5) submissions identified as being supportive or raising no objection to the proposal and three (3) submissions identified as partial objections or notable comments. A summary of the comments are included in the attachment.
ATTACHMENT: 9.12.1(1)
All full submissions are available for Council to view on request. By means of better demonstrating the intentions of the submitters, a plan showing the proposal of the road reserve portions as shown attached.
ATTACHMENT: 9.12.1(2)
COMMENT (Includes Options):
DBCA and the owner of Lot 11054 (127 Stirling Road) have a partial objection to the proposal requesting that Portion A of the road reserve (approximately 3800m2) adjacent state forest remain open to allow the Department to use the existing cleared section of road reserve as a management boundary for fire control activities.
Whilst not an objection to the road closure, the owner of Lot 7725 does not agree with Portion B of road reserve being amalgamated with Lot 102 and wishes that Portion B of the road reserve be amalgamated with Lot 7725 (230 Pump Hill Road).
Given the result of the public consultation, Shire officers recommend to keep Portion A of the road reserve open for DBCA purposes and close Portion C of the road reserve, to be amalgamated with Lot 102. Given the closure of Portion B of the road reserve is being contested by the two adjacent property owners, Council is asked to consider the officer’s recommendation that the road closure proceed on the basis that 50% of the width of Portion B of the road reserve be amalgamated with Lot 102 and remaining 50% road reserve is amalgamated with Lot 7725.
STATUTORY ENVIRONMENT:
Land Administration Act 1997 details the process for closing a road. Essentially, Council is required to make a recommendation to the Minister for Lands after considering public comment. The Local Government Act 1995 requires public notice for partial or whole road closure.
Policy / Strategic Implications:
Road closures are primarily at the policy level of decision making. Council is asked to weigh the rights and concerns of an individual against the rights of the greater community. Due to the common law perpetual right to use a dedicated road, both statutes dealing with road closures include a process of public consultation ensuring the merits of the competing rights are appropriately considered by the decision maker. The cost of amalgamating the land into the freehold block, along with the purchase value of the land will be met by the landowner.
Organisational risk management:
There is no risk to the organisation by following road closure procedures as guided by the Land Administration Act 1997.
Financial Implications:
The cost of any land transfers will be entirely negotiated by the Department of Planning Lands & Heritage. As per the Shire’s Fees and Charges 2020/21, an administration fee of $990 must be paid by the owners of Lot 102 (376 Stirling Road) and Lot 7725 (230 Pump Hill Road) before the road closure process proceeds further.
Sustainability:
Environmental: Nil.
Economic: Road closures of this nature not only support local business and industry, but may also reduce management and financial burden on Council.
Social: Open and transparent communication ensures the Shire is acting with fairness and equity to all parties.
VOTING REQUIREMENTS: SIMPLE MAJORITY
That Council, subject to receipt of the road closure administration fees from the owners of Lot 102 and Lot 7725:
1. Support the part closure of road reserve in the vicinity of Stirling Road, Channybearup, Pemberton on the basis that:
a. Portion A, as shown in attachment 9.12.1(2) remain open for Department of Biodiversity Conservation and Attractions purposes;
b. Portion B, as shown in attachment 9.12.1(2) be closed with 50% of the width of the road reserve being amalgamated into Lot 102 (376 Stirling Road) and remaining 50% road reserve is amalgamated into Lot 7725 (230 Pump Hill Road) subject to confirmed payment of all Shire road closure fees by all concerned parties; and
c. Portion C, as shown in attachment 9.12.1(2) be closed and amalgamated with Lot 102 (376 Stirling Road).
2. Grant delegated authority to the Chief Executive Officer to forward a request to the Minister for Lands for approval to close that portion of road reserve in accordance with Section 58 of the Land Administration Act 1997; and
3. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure.
68
ATTACHMENT
9.15.1 Unconfirmed Minutes of the Northcliffe Town Hall Management Committee 8 June 2020
|
PROPONENT |
Northcliffe Town Hall Management Committee |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Northcliffe Town Hall, Zamia Street, Northcliffe |
|
WARD: |
Coastal |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F170371 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Jamie Jones |
|
DATE OF REPORT: |
16 June 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Northcliffe Town Hall Management Committee is a Management Committee appointed by Council under the Local Government Act 1995 to assist the Shire in the management of the Northcliffe Town Hall in accordance with the following Terms of Reference:
1. Provide responsible management for the Northcliffe Town Hall.
2. Prepare a budget for consideration by Council.
3. Recommend fees and charges for adoption by Council.
4. Expend funds in accordance with the approved budget and in consultation with relevant manager.
5. Prepare an appropriate development plan in consultation with relevant Shire departments for Council consideration.
The purpose of this item is to present the minutes of the meeting of 8 June 2020 of the Northcliffe Town Hall Management Committee. A copy of the minutes are attached.
ATTACHMENT: 9.15.1(1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
No formal resolutions were passed at the meeting held on the 8 June 2020 that require a decision of Council.
STATUTORY ENVIRONMENT:
As a Management Committee, the operation of the Northcliffe Town Hall Management Committee is required to comply with the Local Government Act 1995.
Policy / Strategic Implications:
Ongoing Management of the Northcliffe Town Hall is consistent with the following recommendation contained within the Shire of Manjimup Strategic Community Plan (2019-2029):
D6. Develop and maintain community infrastructure to a service-level that meets the community’s needs.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: The Northcliffe Town Hall is an important communal facility for the Northcliffe community.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the Unconfirmed Minutes of the Northcliffe Town Hall Management Committee held 8 June 2020 as shown at Attachment: 9.15.1(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council receive the Unconfirmed Minutes of the Northcliffe Town Hall Management Committee held 8 June 2020 as shown at Attachment: 9.15.1(1). ADOPTED BY EN BLOC RESOLUTION: 10/0
|
70
9.16.1 Bush Fire Brigade Operational Procedures 2020-2025
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
All |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F170451 |
|
LEGISLATION: |
Bush Fires Act 1954 Local Government Act 1995 |
|
AUTHOR: |
Nicole Favero |
|
DATE OF REPORT: |
18 June 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup Bush Fire Brigade Operational Procedures outlines the working structure of Bush Fire Brigades and can be reviewed by Council and or the Bush Fire Advisory Committee at any time. The Procedures set normal operational and strategic procedures for administration and maintenance of Bush Fire Brigades in the Shire of Manjimup. If there is an anomaly within the Procedure, then the Bush Fires Act 1954 will take precedence.
The current Bush Fire Brigade Operational Procedures expired in 2019 with the proposed replacement developed and updated through consultation with the Bush Fire Advisory Committee. A copy of the draft proposed Bush Fire Brigade Operational Procedures 2020–2025 is shown attached.
ATTACHMENT: 9.16.1(1)
PUBLIC Consultation Undertaken:
Whilst no public consultation was undertaken, the draft Bush Fire Brigade Operational Procedures 2020–2025 were developed through the Bush Fire Advisory Committee.
Members of that committee include representatives from the Shire of Manjimup Volunteer Bush Fire Brigade network, Department of Fire and Emergency Services, Department of Biodiversity, Conservation and Attractions and the Shire of Manjimup.
COMMENT (Includes Options):
Due to COVID-19 restrictions, the Bush Fire Advisory Committee were unable to meet until further notice, therefore conducted the review by email and resolved “That Council adopt the Bush Fire Brigade Operational Procedures 2020-2025”.
STATUTORY ENVIRONMENT:
Bush Fires Act 1954 and Local Government Act 1995
Policy / Strategic Implications:
Adoption of the revised Bush Fire Brigade Operational Procedures 2020-2025 is consistent with the following recommendations contained within the Shire of Manjimup Strategic Community Plan 2019–2029:
Community Goals
3.5 Our whole community participates in strategies to ensure we are minimising risk in regards to bushfire and other natural emergencies.
Strategies
C14 Plan for emergency and natural disaster response, management, evacuation and recovery.
Organisational risk management:
Local Governments have a responsibility to develop Bush Fire Brigade Operational Procedures. The draft Procedures underpins the Shire of Manjimup responsibilities in Prevention, Preparedness, Response and Recovery.
Financial Implications:
Nil
Sustainability:
Environmental:
Fire has the potential to decimate the natural and built environment if preventative and operational bush fire strategies are not adequate.
Economic:
The economic consequence of fire can be devastating. Fire has the ability to destroy entire agricultural areas in particular with the potential to ruin the livelihood of many people.
Social:
The social consequence of fire can also be devastating to individuals and the community.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council adopt the Bush Fire Brigade Operational Procedures 2020 – 2025 as shown in Attachment: 9.16.1(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council adopt the Bush Fire Brigade Operational Procedures 2020 – 2025 as shown in Attachment: 9.16.1(1). ADOPTED BY EN BLOC RESOLUTION: 10/0 |
73
9.3.1 Proposed Extension to Lease Fee Waiver for Heritage Park Cafe due to COVID-19 Restrictions.
|
PROPONENT |
Park Manjimup Pty Ltd |
|
OWNER |
Crown (Management Order to Shire) |
|
LOCATION / ADDRESS: |
Heritage Park, Reserve 26199 151 Giblett Street, Manjimup |
|
WARD: |
Central |
|
ZONE: |
Parks and Recreation |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F180210 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Jasmine Bamess |
|
DATE OF REPORT: |
1 July 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup commenced leasing the new café in the Manjimup Heritage Park to Park Manjimup Pty Ltd as Trustee for the Pak Manjimup Unit Trust, trading as Park Café in December 2019.
The new business has been impacted in the past three months by restrictions relating to hospitality, tourism and community facilities caused by the COVID-19 pandemic and therefore assistance is proposed by a rent waiver extension.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The Shire President, under delegated authority on 8 April 2020, granted a full lease waiver for the Shire tenants of food premises at 5A-B and 5C Brockman Street, Manjimup from 1 April 2020 until there was a change in directive from the State Government of Western Australia in relation to COVID-19. As the restrictions have eased and the businesses are now operational it was determined that the lease fee waiver for those two leases ceased 30 June 2020 and therefore the waiver was for a period of three months.
The Park Café lease commenced 1 December 2019 with a one year rent free period in consideration of equivalent value in installation of permanent kitchen fixtures by the lessee to become the property of the Shire. As rent is not payable in the first year, the rent waiver extension is proposed to be applied from 1 December 2020 to 28 February 2021.
Park Café has been closed and impacted for a similar period to the Brockman Street leases. In particular, the Park Café services patrons of the park and museum, which were required to close due to the restrictions and they have also been affected by the impact to the tourism industry. Park Café were still in the process of establishing their business as they had only been operating a few months when the restrictions occurred. Further, as a new business they were not eligible for the JobKeeper payment scheme.
Park Café have reopened from 1 July 2020.
A three month extension to the rent waiver will assist Park Café in their planning and support their recovery to become fully operational to service park visitors.
STATUTORY ENVIRONMENT:
The lease fees were set after following the requirements of Section 3.58 of the Local Government Act 1995 including public notice. Although the rent waiver is not consistent with this, given the circumstances it is considered to be an acceptable approach.
Policy / Strategic Implications:
Nil.
Organisational risk management:
Nil.
Financial Implications:
The annual lease fee is $35,000 ex GST payable fortnightly in advance. The proposed three month lease fee waiver will be a total of $8,654 plus a CPI increase. The 2020/21 budget will be adjusted accordingly.
There will be no reduction on rates and outgoings payable by the lessee.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council, having consideration to the economic impact associated with the COVID-19 pandemic, extend the existing rent free period agreement with Park Manjimup Pty Ltd by an additional term of 3 months, ceasing on 28 February 2021.
|
Moved: Darin, J Seconded: Jenkins, D
That Council, having consideration to the economic impact associated with the COVID-19 pandemic, extend the existing rent free period agreement with Park Manjimup Pty Ltd by an additional term of 3 months, ceasing on 28 February 2021. CARRIED: 10/0 |
79
ATTACHMENT
APPENDIX
9.5.1 Proposed Time Extension for Additional Information at Lot 91 (153) Karri Lane, Quinninup
|
PROPONENT |
Ms Alice Beach |
|
OWNER |
Ms Alice Beach |
|
LOCATION / ADDRESS: |
Lot 91 (153) Karri Lane, Quinninup |
|
WARD: |
East |
|
ZONE: |
Residential R2.5 |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA20/26 P55509 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister |
|
DATE OF REPORT: |
16 June 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The applicant is seeking approval to utilise an existing three bedroom dwelling on Lot 91 (153) Karri Lane for the purposes of a Holiday House. The property, which is 2,500m² in area is a battle-axe lot located on the eastern side of Karri Lake as shown on the location plan below.
LOCATION PLAN
In May 2020, the Shire of Manjimup’s Chief Executive Officer (CEO) was requested to consider the application under delegated authority. After consulting with elected members, the CEO resolved to determine that the proposal was a vulnerable land use (not minor development) for the purposes of State Planning Policy 3.7 – Planning for Bushfire and to defer the determination of the application as follows:
2. In accordance with Part 10, defer the determination of the proposed Holiday House at Lot 91 (153) Karri Lane, Quinninup subject to the applicant preparing and submitting a Bushfire Management Plan and Emergency Evacuation Plan to the satisfaction of the Chief Executive Officer and the Department of Fire and Emergency Services, within 60 days;
The CEO further determined that in the event that a suitable Bushfire Management Plan and Emergency Management Plan are not lodged within 60 days as required, the Shire would refuse the application in accordance with Part 10 of Local Planning Scheme No 4 for the following reasons:
a) Approval to the application as submitted would be contrary to the requirements of the Western Australian Planning Commission’s State Planning Policy No 3.7 – Planning for Bushfire;
b) The applicant has not demonstrated that the risks associated with using the subject dwelling for the purposes of an un-hosted Holiday House where guests may not be familiar with the area can be addressed to the satisfaction of the Shire of Manjimup.
A copy of the delegated report is appended.
APPENDIX: 9.5.1(A)
Since receiving the notification to defer, the proponent has requested that the application be placed on hold due to the effects of the COVID-19 pandemic. A copy of the request as submitted is attached.
ATTACHMENT: 9.5.1(1)
PUBLIC Consultation Undertaken:
Prior to being considered by the CEO under delegated authority, the application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) for a 21 day period. Consultation consisted of correspondence to all adjoining landowners, the Ward Councillor and Tourism WA with submissions closing on 25 March 2020. A sign was also placed on the subject property.
No submissions were received.
COMMENT (Includes Options):
The provisions of the Scheme include the subject land within the Residential Zone, with an applicable density of R2.5. A Holiday House is defined by the Scheme as follows:
“holiday house” means a dwelling together with its associated outbuildings:
(a) designed primarily as a dwelling house for permanent residential purposes whether or not occupied periodically as such; and
(b) use, whether or not for commercial gain or reward from time to time for unsupervised, short-stay tourist accommodation purposes excluding people that are members of the owners family but include all people where the owner is a company;
but does not include a “bed and breakfast” facility.
A Holiday House is an “A” use within the Residential Zone. That is a use, which is a use that is “not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6”. To assist Council in determining the application, the following advice is offered:
Matters to be Considered
Clause 10.2 of the Scheme requires that in determining an application for planning approval, various matters need to be taken into account, including, but not limited to:
(i) The aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;
(ii) Any approved State Planning Policies of the Commission;
(xiv) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk.
Consistency with Zoning
The proposed Holiday House is considered to meet the objectives of the Residential Zone and provided that the behaviour of the occupants is appropriately managed the activity will not detrimentally impact on the amenity of the area.
State Planning Policy No 3.7
The property is located within an area declared as ‘bushfire prone’ by the Fire and Emergency Services Commissioner under the Fire and Emergency Services Act 1998. In accordance with the requirements of State Planning Policy No 3.7 – Planning for Bushfire (SPP No 3.7), the applicants have provided a Bushfire Attack Level (BAL) Report, which identified a BAL rating of Flame Zone (FZ).
As outlined within the Chief Executive Officers decision, it has been determined that the proposed land use is a vulnerable land use. As reflected within Appendix: 9.5.1(A), assessment tools associated with SPP No 3.7 position statements indicates that applications for vulnerable land uses in FZ areas should not be supported unless they are accompanied by a Bushfire Management Plan, jointly endorsed by the relevant local government and the state authority for Emergency Services.
Additionally as guests may not be familiar with the area, an Emergency Evacuation Management Plan should also be required.
Given that the application was at the time of assessment, not supported by an endorsed Bushfire Management Plan, or an Emergency Evacuation Management Plan, the Chief Executive Officer (CEO) determined that consideration of the application should be deferred as outlined in the Background section of this agenda item.
Timeframe for Determination
As outlined by clause 10.10.2 of the Scheme, an application which is advertised for public comment must be determined within 90 days of receipt of the application, “or within such further time as is agreed in writing between the applicant and the local government”.
Whilst in accordance with the CEO’s determination, it was agreed to defer the application for a period of two months to allow the applicant time to prepare a Bushfire Management Plan and Emergency Evacuation Management Plan, the applicant has now requested to delay the application determination until further notice due to the COVID-19 pandemic. The applicant has advised that only friends and family will be using the property until a determination is in place.
It is preferred that applications are not placed on hold indefinitely or for extended periods of time, as legislation can change and readvertising may be required.
Conclusion
The request for further deferral of the application is supported, however it is the opinion of Shire Officer’s that a limit on the extension for the submission of additional information be a maximum of 12 months from the date of the application, being 20 February 2021.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005, Local Planning Scheme No. 4 and State Planning Policy 3.7 Planning in Bushfire Prone Areas.
Policy / Strategic Implications:
Consideration of the risks associated with approval of a vulnerable land use in a bushfire prone area aligns with the Shire of Manjimup’s Strategic Community Plan 2019-2029.
C14. Plan for emergency and natural disaster response, management, evacuation and recovery.
Organisational risk management:
Nil.
Financial Implications:
The applicant is requesting the proposal be placed on hold, rather than withdrawn, to avoid the requirement for a new application and therefore new fees and advertising costs.
Sustainability:
Environmental: Nil.
Economic: An approved Holiday House will generate an income for the landowner as well as enable tourists to stay in the area and potentially support local businesses.
Social: Subject to guests at the premises behaving appropriately, there are no concerns in respect of potential negative social impacts.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Notwithstanding the Chief Executive Officers determination on 12 May 2020, defer in accordance with clause 10.10.2 of Local Planning Scheme No 4, the determination of the proposed Holiday House at Lot 91 (153) Karri Lane, Quinninup subject to the applicant preparing and submitting a Bushfire Management Plan and Emergency Evacuation Plan to the satisfaction of the Chief Executive Officer and the Department of Fire and Emergency Services, prior to 21 February 2021;
2. Authorise the Chief Executive Officer authority to refuse the application in accordance with Part 10 of the Local Planning Scheme No 4 for the following reasons in the event that a suitable Bushfire Management Plan and Emergency Management Plan are not lodged prior to 21 February 2021:
a) Approval to the application as submitted would be contrary to the requirements of the Western Australian Planning Commission’s State Planning Policy No 3.7 – Planning for Bushfire;
b) The applicant has not demonstrated that the risks associated with using the subject dwelling for the purposes of an un-hosted Holiday House where guests may not be familiar with the area can be addressed to the satisfaction of the Shire of Manjimup.
|
Moved: Eiby, W Seconded: Skoss, K
That Council: 1. Notwithstanding the Chief Executive Officers determination on 12 May 2020, defer in accordance with clause 10.10.2 of Local Planning Scheme No 4, the determination of the proposed Holiday House at Lot 91 (153) Karri Lane, Quinninup subject to the applicant preparing and submitting a Bushfire Management Plan and Emergency Evacuation Plan to the satisfaction of the Chief Executive Officer and the Department of Fire and Emergency Services, prior to 21 February 2021; 2. Authorise the Chief Executive Officer authority to refuse the application in accordance with Part 10 of the Local Planning Scheme No 4 for the following reasons in the event that a suitable Bushfire Management Plan and Emergency Management Plan are not lodged prior to 21 February 2021: a) Approval to the application as submitted would be contrary to the requirements of the Western Australian Planning Commission’s State Planning Policy No 3.7 – Planning for Bushfire; b) The applicant has not demonstrated that the risks associated with using the subject dwelling for the purposes of an un-hosted Holiday House where guests may not be familiar with the area can be addressed to the satisfaction of the Shire of Manjimup.
CARRIED: 10/0
Note: Due to the recommendation that Council grant delegated authority to the Chief Executive Officer to determine the application on receipt of further information, Council determined this item by Absolute Majority.
|
87
APPENDIX
9.5.2 Proposed Shire of Manjimup Climate Change Response
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
Whole of Shire |
|
ZONE: |
Whole of Shire |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F190296 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Ann Bentley/Brian Robinson |
|
DATE OF REPORT: |
6 July 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
This agenda item has been prepared to facilitate Council determining a position on climate change, having regard to:
1. A request by Councillor Winfield for the Shire to develop a position statement on climate change, which was made during the Information Briefing Session held on 13 February 2020;
2. Recommendations contained in the WALGA Climate Change Policy Statement and the recommended wording for Local Government Declaration on Climate Change as contained in that document; and
3. A resolution passed by the Warren Blackwood Alliance of Councils meeting passed on 2 June 2020.
During discussion on the matter at the Informal Briefing session prior to the February 2020 meeting, it was highlighted that several Local Governments had declared a “climate emergency”.
In response to public interest and desire for action on climate change, there is an expectation that local governments address the impact of climate change on their communities. Some of these expectations are currently reflected within a number of recommendations contained within the Shire of Manjimup’s Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2020 – 2024.
Whilst the details of these recommendations are discussed within the comment section of this agenda item, applicable extracts from these plans are appended.
APPENDIX: 9.5.2(A)
APPENDIX: 9.5.2(B)
Council is requested to formally
consider options for the Shires response to climate change as outlined within
the comment section overleaf.
PUBLIC Consultation Undertaken:
The Community Survey conducted in February 2017 informed recommendations contained within the Shire’s Strategic Community Plan 2019-2029.
COMMENT (Includes Options):
Responses to Global Warming/Climate Change within Australia are informed by several international agreements, including but not limited to the Doha Amendment to the Kyoto Protocol in 2012 to reduce emissions and the Paris Agreement that Australia ratified in November 2016.
To assist Council in determining a position in respect of Climate Change, the following advice is offered:
State Government
The State Government’s current climate policy, Adapting to our Changing Climate, was published in October 2012. It refers to the current and future impacts of climate change on Western Australia (WA) and the need to respond to climate change through mitigation and adaptation. It also identifies future directions and actions in relation to:
· water security;
· agriculture, forestry and fisheries;
· energy;
· resilient infrastructure;
· healthy people and communities;
· healthy ecosystems; and
· climate science information.
The State Government is reviewing their climate change policy this year focusing on eleven specific climate change issues.
Western Australia Local Government Association (WALGA) Policy Statement
In July 2018, WALGA released a Climate Change Policy Statement outlining the following policy positions as a consolidated position of Western Australian Local Governments:
As stated at point 2.1 of the statement, “The Policy Statement represents the consolidated position of Western Australian Local Governments regarding this important issue.”
This statement supports the national direction of emissions reduction and recommends that Local Government aim for a target higher than the Paris agreement. A copy of the statement is shown attached.
ATTACHMENT: 9.5.2(1)
Local Government Declarations
Whilst the WALGA Climate Policy Statement, WALGA clearly states that the WALGA Statement represents the consolidated position of Western Australian Government, WALGA encourages all local governments to become signatories of the declaration. A copy of the WALGA declaration template is attached.
ATTACHMENT: 9.5.2(2)
As reflected within the attachment, portion of the declaration template states that the Shire would be committing to various tasks, including but not limited to:
· Setting an appropriate, individual Local Government emissions target and work towards its achievement;
· Assess the regionally specific risk associated with climate change and implications for Local Government services, and identified areas where appropriate mitigation and/or adaption strategies should be applied;
· Develop an internal Climate Change Action Plan for climate change actions across all Local Government functions, with a focus on the two, five and ten year future.
Some local governments in WA have committed to WALGA’s Climate Change Declaration formally acknowledging the impact of climate change and outlining their commitment to developing locally appropriate mitigation and adaptation strategies to manage climate change. It is necessary that commitments of Council need to be backed up by funding. Once a commitment is made, there will be a community expectation that action is followed.
Shire Officers consider that the need for the Shire of Manjimup to make a Declaration of Climate Emergency is questionable given that:
· WALGA has already adopted on behalf of all Local Governments, a Declaration of a State of Emergency;
· The Shire of Manjimup’s Strategic Community Plan 2019-2029 and Corporate Business 2020-2024 already contain various strategies and recommendations reflecting community expectations for a Shire response to climate change.
The goals and strategies relating to climate change within the Strategic Community Plan and Corporate Business Plan are detailed below.
Commonwealth Scientific and Industrial Research Organisation (CSIRO) Guide
The Bureau of Meteorology and CSIRO have produced a climate guide for the South West of Western Australia noting changes in rainfall and temperatures over the last 30 years. The Southwest Climate Guide is shown attached.
ATTACHMENT: 9.5.2(3)
Current Position on Climate Change
Climate change is likely to cause negative impacts within the Shire, including adverse impacts to the health and well-being of the community, adding to the existing issues and challenges facing our region.
These issues and challenges were workshopped by elected members in 2017 in order to develop focus areas to prioritise the implementation of the Corporate Business Plan. The protection of the natural environment and infrastructure assets is also guided by the Local Planning Scheme (LPS4) with considerations on the types of uses and development allowed in the Shire.
The Shire of Manjimup’s strategic direction in addressing changing climate change is well documented in our Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2020 – 2024 (The Plans). The Plans outline and acknowledge the significant challenges the Shire is likely to face, including an increase in water vulnerability has been which was identified by the community as a key challenge over the next 10 years.
Numerous Goals and Strategies are identified within the Plans including, but not limited to:
Strategic Community Plan 2019-2029
Community Goals
1.1 Natural landscapes, habitats and resources are sustainably managed for the benefit of existing and future generations.
1.2 Development is managed sustainably and our environment is value through policy and regulation.
1.4 Potential climate change impacts are anticipated and responding to.
Strategies
A14. Undertake climate change impact assessments, implement mitigation strategies and use them to inform land use and infrastructure plans.
Corporate Business Plan 2020-2024
A9. Encourage design features, development practices and behaviours that demonstrate best practice water and energy efficiency.
A9.1 Undertake initiatives to reduce energy consumption, improve energy efficiency and increase the use of renewable energy in regards to Shire operations.
A9.2 Undertake initiatives to reduce water consumption, improve water efficiency and capture or reuse water in regards to Shire operations.
A14. Undertake climate change impact assessments, implement mitigation strategies and use them to inform land use and infrastructure plans.
A14.1 Undertake a climate change impact assessment.
A14.2 Implementation of climate change mitigation strategies.
A14.3 Trapping and monitoring of mosquito populations.
A14.4 Prepare a 25-year planning framework for coastal retreat management in Windy Harbour
The protection of the natural environment and infrastructure assets is also guided by the Local Planning Scheme (LPS4) with considerations on the types of uses and development allowed in the Shire.
Actions to Date
The Shire of Manjimup has already been making progress in emissions reduction, water efficiency and replacing fixtures and fittings within our building assets. Future reductions are expected as water saving and energy reduction initiatives continue to be rolled out. One example is the solar array project at the Manjimup Regional Aqua Centre and the intent on installing more solar panels to Shire buildings.
These actions were recommended in our Sustainability and Environmental Management Strategy 2013. The strategy considered that the key components of climate change were exploring the carbon market, planning for coastal flooding and reducing the net loss of existing habitat due to climate change. We now recognise that climate issues influence the sustainability of all aspects of our Shire functions and need to be identified early on in the planning process.
Warren Blackwood Alliance of Councils Resolution
At its meeting held on 2 June 2020, the following resolution was passed in respect to forming a Sub-Regional Working Group or similar for the purposes of establishing a Warren-Blackwood Climate Adaption Plan:
“WBAC to consider the establishment of a WBAC Sub-Regional Working Group, or similar governance model, with responsibility for establishing a Warren-Blackwood adaptation plan (embracing the Shires of Donnybrook Balingup, Nannup, Bridgetown-Greenbushes, Manjimup and possibly Boyup Brook) to mitigate the challenges of drought, water security and bush fire risk, while reducing dependence on non-renewable energy sources through, although not limited to, optimising waste to energy efficiencies.”
The intent of the resolution was to allow each participating Local Government to formally consider formation of a working group.
Given that the Shire of Manjimup and the other participating members of the Warren Blackwood Alliance of Council’s are facing very similar issues in respect of Climate Change, there is merit in the formation of a working group which will facilitate an exchange of knowledge and potential responses to the issue.
Options for a response to Climate Change
Irrespective of any other approach taken by the Shire, there is an obligation on both Shire Officers and Councillors to deliver on the recommendations contained within the Strategic Community Plan.
Option 1 – Endorsement of Declaration
As detailed above, the benefit in preparing and signing a Declaration of Climate Change Emergency is questionable. With the exception of specific undertakings by the Shire, positions on advocating the need for Federal and State Governments to address Climate Change are already addressed by the WALGA Policy Statement on behalf of all Local Governments within the State.
Option 2 – Adopt a Climate Adaption Policy
More important than the endorsement of a Declaration of Climate Emergency is the need for the Shire to adapt its practices to limit climate impacts.
Whilst the Strategic Community Plan and Corporate Business Plan outline the overarching principals for a response to Climate Change, a policy could be used to outline how the Shire of Manjimup will implement mitigation and adaption measures. It will provide the framework for future climate change impact assessments and provide governance on allocating resources.
Due to Shire Officers having limited experience in respect of responding to Climate Change, there may be a need to employ the services of a consultant.
The attached brief has been prepared outlining the climate related issues within the Shire of Manjimup and forms the basis for a consultant scope of works for a climate change impact assessment.
ATTACHMENT: 9.5.2(4)
It should however be noted that budget limitations will limit the level of service a consultant may provide.
Option 3 – Support the Establishment of a Working Group
The resolution passed by the Warren Blackwood Alliance of Councils identifies an opportunity to form a working group with other Local Governments exposed to similar issues as the Shire of Manjimup.
By combining resources and knowledge, the ability to complete a Climate Impact Change Assessment as advocated by the Shire’s Corporate Business Plan 2020-2024 would be greatly increased. The Shire’s ability to formulate a Climate Adaptation Policy would also be enhanced.
Conclusion
It is recommended that Council support the formation of a Sub-Regional working group to establish a Warren Blackwood adaptation plan, which will further inform a future Climate Adaptation Plan for the Shire.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
Strategically a climate policy will contribute to the Corporate Business Plan Action item A1.1 “Implement strategies contained in the Environmental Management and Sustainability Strategy 2013.”
Organisational risk management:
The creation of a climate policy is aligned with the Corporate Business Plan Action item E9. “Identify and mitigate organisational risks.”
Financial Implications:
A climate adaptation policy is aligned with the Corporate Business Plan Action item E2. “Integrate the Shire’s activities with the community goals and vision whilst managing the long-term financial viability of the organisation.”
Sustainability:
Environmental: Our unique environment is susceptible to climate change impacts, with many ecosystems being sensitive to geographic and climatic characteristics and parameters. Climate change has the potential to fundamentally shift, reduce and eliminate some ecosystems. A climate policy will help protect the biodiversity, water quality and land productivity of the Shire.
Economic: Implementing a strategic approach of risk assessment associated with climate through a climate policy will prepare the Shire for future implementation strategies and allow for the responsible allocation of resources. Future budgeting years may need to allocate funding to address strategies on response to climate change.
Social: Our community health, social and emergency management service systems are likely to face additional demand from extreme weather events such as storms, floods, heatwaves and bushfires, as well as the likely increased incidence of food, water and vector-borne diseases.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Acknowledge the progressive culture for change within the Shire of Manjimup in terms of energy and water efficiency;
2. Not adopt the Climate Change Declaration prepared by the Western Australian Local Government Association;
3. Support the creation of a Climate Adaption Working Group through the Warren Blackwood Alliance of Councils.
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Moved: Skoss, K Seconded: Eiby, W
That Council: 1. Not support the officers recommendation as contained in Item 9.5.2; 2. Request that the Chief Executive Officer arrange a workshop/information session on the Impacts of Climate Change with relevant Council Officers as soon as possible; 3. An invitation be extended to the following people to present to the workshop/information session referred to above; a) Mr Mark Gibberd from the Food Agility Co-operative Research Centre; and b) Mr Lachie McCaw from the Department of Biodiversity, Conservation and Attractions; and 4. Request a revised agenda item be prepared for Council consideration at the Ordinary Meeting to be held on 24 September 2020 to allow Councillors and Senior Staff to consider; i. What the implications of a climate change declaration are; and ii. What key performance indicators we can incorporate into the Shire of Manjimup’s Climate Change Policy. CARRIED: 10/0 Reasons: · Must have buy in from the community. · What it means to our Shire, particularly the children and youth of the area. |
92
APPENDIX
9.5.4 Proposed Variation to Car Parking Standards at Lot 101 (1222) Wheatley Coast Road, Quinninup
|
PROPONENT |
Dale Atkins |
|
OWNER |
Dalott Pty Ltd |
|
LOCATION / ADDRESS: |
Lot 101 (1222) Wheatley Coast Road, Quinninup |
|
WARD: |
East |
|
ZONE: |
Town Centre |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA18/93 P51185 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister |
|
DATE OF REPORT: |
25 June 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
On 17 July 2018, an application for the redevelopment of the Tavern at Lot 10 (now 101) Wheatley Coast Road was determined under delegated authority. The application proposed the establishment of 40 sealed car parking bays to cater for a total of 36 restaurant patrons and to service 125m² of tavern area. An informal overflow parking area was also proposed.
The approval was subject to a condition requiring a boundary adjustment to be completed prior to commencement, ensuring all proposed parking associated with the development was contained on the site. Standard conditions relating to car parking and landscaping, were also imposed, requiring these aspects of the development to be completed prior to occupation.
Subsequently, the applicant requested reconsideration of the wording of condition b) relating to the boundary adjustment. This request was determined at Council Meeting 6 September 2018 whereby Council resolved to modify the condition to require the amalgamation to be completed prior to occupation of the premises, allowing the owner to proceed with the construction of their new premises in the meantime. The subdivision/amalgamation has subsequently been completed.
A further request for reconsideration was then lodged in late 2019 seeking a relaxation of the carparking standard to allow bays within the overflow area to be used to service the development and increase the number of permitted patrons within the restaurant from 36 to 92 people. The application was considered under delegation to the Chief Executive Officer (CEO), which was applicable between the December 2019 to January 2020 break between Council meetings.
An excerpt of the relevant minutes and the delegated report are appended.
APPENDIX: 9.5.4(A)
As part of the CEO’s determination of the late 2019 request for reconsideration, approval was granted for the overflow area, being of gravel construction to be used to service the development. Four conditions were reworded to allow additional time to complete landscaping and the parking area which were to be construction/installed by July 2020.
At the time of writing this report, a compliant revised car parking and landscaping plan has not yet been received. A plan has been received which does not achieve the number of compliant car bays, being once bay short to allow 56 patrons within the restaurant. The landscaping has been installed, however the car park has not been sealed or line-marked.
Council is now requested to consider a request to vary the commercial parking construction standards at the Quinninup Tavern as required by Clause 5.17.9 of Local Planning Scheme No.4 (the Scheme).
PUBLIC Consultation Undertaken:
Public comment was sought for the application to redevelop the Tavern in accordance with clause 9.6 of the Scheme.
A variation to the provisions of the Scheme should be referred to at least the adjoining land owners for comment. Given time constraints to resolve the matter, it is recommended that the request not be advertised.
COMMENT (Includes Options):
The subject land is zoned Town Centre by the provisions of the Scheme. A Tavern is a D’ land use by the Scheme, and as such could be approved under delegated authority should the application comply with its requirements.
Condition 8 of the delegated approval was imposed requiring the construction of the car parking area in accordance with Clause 5.17.9 of the Scheme. The Scheme text is written as follows:
“Except as may otherwise be approved by the local government, all parking areas shall be constructed with a sealed surface comprising bitumen seal, concrete, brick paving or pea-gravel seal on a compacted base with satisfactory:
i. drainage to a sump and connected to the local government’s main drain system;
ii. surface lines being marked out to show the manner in which the parking area is to be used; and
iii. landscaping where large parking areas are involved to effectively screen the paves areas from view from the street or other public places and around and within the parking area to provide shade, as determined by the local government.”
The applicant is requesting to firstly extend the time frame for complying with Condition 8, or for Council to resolve to approve a lower standard of construction for the whole carpark to compacted gravel. The applicant’s justification and request is attached and refers to the car park proving to withstand traffic and weather conditions as well as numerous examples of businesses operating with gravel car parks.
ATTACHMENT: 9.5.4(1)
Clause 4.2.2 of the Scheme sets out the objectives of the Town Centre Zone, which includes the objective to ensure that the town centre structure and open areas are of high quality, achieve a unified theme (where this has been agreed) and promote the retention of features which enhance the appearance of the central area or provide a sense of identity.
The parking standards outlined in clause 5.17.9 of the Scheme set the agreed quality that is expected for those developments that require parking to be constructed on site. Whilst it is acknowledged that there are businesses operating with, legacy, compacted gravel parking areas, it is the expectation of Shire officers and the wider community (through the advertised and adopted Scheme provisions) that new and future developments are established with sealed parking areas.
Planning Exemptions
The State Government has approved a number of planning exemptions under the Notice of Exemption from Planning Requirements during the State of Emergency (the Notice) associated with COVID-19 pandemic. In accordance with Schedule 5 of the Notice, proponents have been granted additional time to provide on site parking facilities where consistent with the following:
1. Provided that this exemption only applies to:
a) non-residential development; and
b) where the proponents provides less than the number of parking bays required for the use in question, and the shortfall is 10 parking bays or less.
2. An exemption under this clause will expire 90 days after the date upon which the State of Emergency Declaration ceases to have effect or is revoked.
As elected members will appreciate, the COVID-19 pandemic has impacted on many businesses within the district. Whilst the current shortfall of parking exceeds 10 as stated within the above exemption, the principle associated with granting the proponent additional time is consistent with its intent, being to allow business to commence trade in order to fund the construction of required parking bays.
Conclusion
The applicants request for additional time to construct the required parking bays is supported as outlined in the Comment section above. It is recommended that the extension be granted under 31 December 2020 to ensure adequate time to complete the construction in appropriate weather conditions.
The request to vary Clause 5.17.9 of the Scheme is however not supported as a compacted gravel standard does not align with the objectives of the Town Centre zone and would set an undesirable precedent for future development proposals within the Zone.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and the Shire of Manjimup Local Planning Scheme No.4.
Policy / Strategic Implications:
A determination in favour of the request to extend the timeframe to construct a sealed car parking area will enable the applicant to continue to operate and schedule the construction in future months.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Unsealed parking areas can lead to erosion and sediment runoff into watercourses and Shire drainage infrastructure.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Consider the request to vary Clause 5.17.9 of Local Planning Scheme No. 4 and resolve to refuse the proposed compacted gravel standard for the previously approved parking area for the following reasons:
a) The compacted gravel standard does not comply with the objectives of the Town Centre Zone being that development should ensure a high quality and enhance the appearance of the town centre and open areas; and
b) An approval would set an undesirable precedent for future development proposals in the Town Centre Zone.
2. Having regard to the impact of the COVID-19 pandemic and weather conditions, approve the request to extend the timeframe for the satisfactory construction of the car parking spaces, access ways and vehicular manoeuvring areas to 31 December 2020 in accordance with Clause 5.17.9 of the Shire of Manjimup Local Planning Scheme No.4.
3. Advise the applicant that no further requests for extension will be granted.
|
Moved: Winfield, C Seconded: Darin, J
That Council: 1. Consider the request to vary Clause 5.17.9 of Local Planning Scheme No. 4 and resolve to refuse the proposed compacted gravel standard for the previously approved parking area for the following reasons: a) The compacted gravel standard does not comply with the objectives of the Town Centre Zone being that development should ensure a high quality and enhance the appearance of the town centre and open areas; and b) An approval would set an undesirable precedent for future development proposals in the Town Centre Zone.
2. Having regard to the impact of the COVID-19 pandemic and weather conditions, approve the request to extend the timeframe for the satisfactory construction of the car parking spaces, access ways and vehicular manoeuvring areas to 31 March 2021 in accordance with Clause 5.17.9 of the Shire of Manjimup Local Planning Scheme No.4. 3. Advise the applicant that no further requests for extension will be granted. CARRIED: 10/0 Reason: · Give the proponent more time to carry out the work. |
101
Councillor Eiby declared a Financial Interest in this Item as she is the Manager at the Northcliffe Visitor Centre and this business is a financial member of the Northcliffe Visitor Centre. Councillor Eiby did not speak or vote on the matter and left the Chamber at 6.09pm.
ATTACHMENT
APPENDIX
9.5.6 Proposed Intensification to Low-Impact Tourist Accommodation at Lot 9869 (157) Riverway Road, Boorara Brook
|
PROPONENT |
Ms A M Sepkus |
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OWNER |
Mr S & Ms A M Sepkus |
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LOCATION / ADDRESS: |
Lot 9869 (157) Riverway Road, Boorara Brook |
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WARD: |
Coastal |
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ZONE: |
Priority Agriculture |
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DIRECTORATE: |
Development and Regulation |
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FILE REFERENCE: |
DA20/77 P54500 |
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LEGISLATION: |
Planning and Development Act 2005 Caravan Parks and Camping Grounds Act 1995 |
|
AUTHOR: |
Jocelyn Baister |
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DATE OF REPORT: |
26 June 2020 |
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DECLARATION OF INTEREST: |
Nil |
Background:
At its Ordinary Meeting held on 7 May 2015 Council resolved to grant retrospective planning approval to a Low-Impact Tourist Accommodation being a Nature Based Caravan Park/Camping Ground on the subject land. The approval was subject to a maximum of twenty (20) persons at the premises at any one time. The minutes and attachments are Appended.
APPENDIX: 9.5.6(A)
The site has an area of 43.1 hectares and is located at the intersection of Lovelock Road (Unallocated Crown Land) and Riverway Road some 3.5 kilometres from the Northcliffe town centre. A location plan is shown below.
LOCATION PLAN
The owners/operators of caravan parks and camping grounds renew their license under the Caravan Parks and Camping Grounds Act 1995. As part of the annual license renewal for the Caravan Park/Camping Ground in 2019, the owner sought to increase the number of persons permitted to camp to 42 persons inclusive of overflow sites.
As the Shire’s planning approval limited occupation to twenty persons, Shire Officers have been liaising with the landowner to assist them through the planning application process, including assistance in preparing the proposed site plan.
Council is now requested to consider an application for the increase to the number of persons permitted from 20 persons to a maximum of 118 persons. A new shower facility is proposed to be located near the group camping area. 36 sites plus grouped camping area and areas for over flow camping are shown on the site plan. It is assumed that two persons can be camping on each formal site with additional in the grouped camping and overflow.
A copy of the application is attached.
ATTACHMENT: 9.5.6(1)
The application is referred to Council for determination as the Land use is identified as an ‘A’ use by the Shire of Manjimup Local Planning Scheme (the Scheme) and Shire officers do not have the delegated authority to approve these types of applications.
PUBLIC Consultation Undertaken:
The application was advertised is accordance with Clause 9.6 of the Scheme for a period of 21 days consisting of correspondence to adjoining landowners, a notice in the local newspaper and a sign was placed on site. As detailed in the Comment section below, two submissions were received in support of the intensification and a submission was received from the Department of Biodiversity Conservation and Attractions (DBCA) who provided no objection to the proposal.
A copy of the submissions are attached.
ATTACHMENT: 9.5.6(2)
COMMENT (Includes Options):
The provisions of the Scheme include the subject land within the Priority Agriculture Zone. To assist Council in determining the application, the following comments are offered:
Relaxation of Standards
Council may approve an application, despite the non-compliance with a standard or requirement prescribed by the Scheme in accordance with Clause 5.5.1 of the Scheme. The power conferred by this clause may only be exercised if the local government is satisfied that:
(i) Approval to 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 any adverse effect on the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.
Further information regarding the requirements of clause 10.2 is provided below.
Matters to be Considered
In determining an application for planning approval, Clause 10.2 of the Scheme requires that various matters are taken into account, including but not limited to:
“(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;
(iii) any approved State Planning Policies of the Commission;
(xiv) whether the land 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.”
In the Scheme, Council’s objectives for managing and guiding land use development and subdivision within the Priority Agriculture zone are outlined at clause 4.4.
It is noted that clause 4.4.1 (iii) requires any low impact tourist accommodation – short stay to ensure any impact is contained on-site. This is to ensure that the operation of the tourist development does not adversely affect agricultural pursuits occurring or potentially occurring on surrounding land.
In this case, the property currently has no agricultural uses. Shire officers have ascertained that the distance to the agricultural activities on adjoining properties is in excess of 500m. It has been determined that the proposal is unlikely to increase the potential for land use conflict given the location of the site and distance to surrounding agricultural operations. It is also noted that given the environmental assets and sensitivities in the area, the property is unlikely to be suitable for agricultural land uses.
Land Use Classification
Although referred to in clause 4.4.1, 5.34.2.4 and listed in Table 1 Land Use Permissibility, the Scheme does not provide a definition for Low-Impact Tourist Accommodation – Short Stay (LITASS). This is considered an anomaly of the Scheme text.
The Scheme defines Low-Impact Tourist Development– Short Stay as:
“a development of predominately tourist nature which meets the criteria of ‘Low Impact Development’.”
and Low-Impact Development is defined as:
“that the use and development of land in such a manner that does not detract from the rural and natural amenity of the locality, and includes the following criteria:
i. Development being located so as to avoid ridge line, escarpments or visually exposed sites and situated where screening vegetation or land form can be utilised;
ii. Use and development being sensitively located and designed to minimise impact on vegetation, water courses, soils quality and existing land uses;
iii. Development being of a scale and nature so as to be self-sustaining on the lot, or demonstrating the ability to provide servicing without significant modifications to existing infrastructure;
iv. Development that by the nature of its scale, design, colours, materials, landscaping and use, has minimal impact on its site and surrounding areas; and
v. Where the land use and any development had minimal offsite consequence.
The proposal is consistent with the above definitions in that:
· the activity as proposed will not be seen from the adjacent road system or surrounding land; and
· The land use by its nature (Nature Based Caravan Park/Camping Ground) will have minimal impact on the site.
Limitation on Numbers
Clause 5.34.2.4 (4)(vi) of the Scheme states that within the Priority Agriculture zone Low-Impact Tourist Accommodation – Short Stay is limited to not more than 4 chalets or guest bedrooms to accommodate no more than 20 persons or equivalent accommodation types (including bed & breakfast facilities).
The details within the application identify 36 sites, plus a group camping area and over flow area. It is assumed that two persons can be camping on each formal site, with increased numbers in the grouped camping and overflow. At any one time, the applicant will be able to accommodate 72 persons in the informal camping sites alone, not including the group camping area.or overflow.
Allowing for the group camping site to cater for a maximum of 23 campsites (46 campers at two per site), the total number of patrons that would normally be expected is 118 at any one time. That said, limitations will be imposed through the Caravan and Camping Grounds Act 1995 based on the number of ablutions available.
In accordance with the Caravan and Camping Grounds Act 1995, the Shire may approve the use of an overflow camping area for set periods of time. This will allow the applicant to temporarily increase their number beyond 118 persons for specific dates and events, without further planning approval.
The proposal to increase the permitted number of persons is a proposed variation to clause 5.34.2.4. As the land use definition does not include the limitation in persons, the variation would not require a change to the land use to a more intensive definition. To change the land use definition to comply with the clause of the Scheme would also require a Scheme amendment as land uses such as Camping Area is a use that is not permitted in the current zone.
Should Council approve the application, it is recommended that a zoning change, to reflect the land use, be considered in draft Local Planning Scheme No.5.
Land Use Permissibility
A Low-Impact Tourist Development – Short-Stay is an ‘A’ use in the Priority Agriculture zone. That is a use not permitted unless the local government has exercised its discretion by granting planning approval after given special notice in accordance with Clause 9.6 of the Scheme.
Consistency with Zoning
The proposal is considered to meet the objectives of the zone by retaining any impact on-site and by not reducing the agricultural opportunities of the area.
State Planning Policy 3.7 (SPP No 3.7) - Planning in Bushfire Prone Areas
The property is located within an area declared as ‘bushfire prone’ by the Fire and Emergency Services Commissioner under the Fire and Emergency Services Act 1998. Whilst the applicant has not undertaken a Bushfire Attack Level (BAL) assessment at this stage, given the level of native vegetation on the property, it is assumed at least a portion of the campground would be considered to be within a Bushfire Attack Level area of Flame Zone (BAL-FZ).
Although an Emergency Management Plan was prepared in 2015 to satisfy the conditional approval, this will require review to reflect the increased patronage should the application be approved.
The proposal is consistent with the definition of a vulnerable land use being a land use where persons may be less able to respond in a bushfire emergency, including short-stay accommodation where users are unaware of their surroundings and may need assistance or direction in the event of a bushfire.
The risk to the guests is reduced, given the Manager resides on the property and there is often a camp host within the camping area.
Vulnerable Land Use
In accordance with clause 6.6.2 of SPP No 3.7, vulnerable land uses should not be supported in a BAL FZ area unless the proposal complies with policy measures 6.6.1 and 6.7.2.
The provisions of clause 6.6.1 state that a vulnerable land should not be supported unless they are accompanied by a Bushfire Management Plan, jointly endorsed by the relevant local government and the State authority for Emergency Services. In addition to this requirement, Clause 6.7.2 specifies that development applications will only be supported if:
a) The proponent has provided sufficient reason why the proposal is considered to represent exceptional circumstances to justify a deviation from the proposal;
b) It greatly improves the bushfire management of the site; and
c) The benefits of the proposal outweigh the costs to adjacent landowners, government and the general community.
In this case, the proposal relates to the expansion of an existing land use. Opportunities exist to dramatically improve management of the site in the event of a Bushfire through the review of the Bushfire Management Plan (BMP) and Emergency Evacuation Plan (EEP).
The above said, given that the application, as submitted, is not supported by a BAL assessment, it is difficult to determine the risks associated with the development. Review of the Management Plans is essential to ensure the safety of occupants.
Position Statement – Tourism Land Uses in Bushfire Prone Areas
The Western Australian Planning Commission through the Department of Planning Lands and Heritage (DPLH) released the Position Statement in November 2019. The Statement recognises that the protection of property or infrastructure may be secondary to the social and economic development of a region but that protection of life is always the primary objective.
Depending on the bushfire attack risk, a vulnerable land use should only be supported where a BMP and EEP is be prepared and jointly endorsed by the Department of Fire and Emergency Services (DFES). The preparation of these documents is advised by the Shire’s Community Services Emergency Manager (CESM).
Annual Renewals
Early evacuation or closure of the tourism land use during extreme or catastrophic fire danger conditions is recommended in the DPLH Statement. These management measures could be considered by the landowner within an EEP including potential restrictions on patron numbers during the bush fire season.
Conclusion
Developing tourism land uses within remote and/or heavily vegetated areas comes with an inherent risk of bushfire, the risk to life can be reduced and managed but can never be fully eliminated.
The Scheme identifies that a separation distance of 100m is considered to be appropriate between the non-agricultural purpose and intensive agriculture in order to accommodate any impact. The proposal meets this requirement.
It is recommended that subject to the applicant preparing a Bushfire Management Plan and updating the Emergency Management Plan in consultation with the CESM, the application be approved with a maximum number of persons being 118 patrons at any one time.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005, Caravan and Camping Grounds Act 1995, Local Planning Scheme No. 4 and State Planning Policy 3.7 Planning in Bushfire Prone Areas.
Policy / Strategic Implications:
Approval to the application is consistent with Strategy B.12 of the Shire of Manjimup’s Strategic Community Plan 2019-2029, being to “Provide development opportunity and support local small businesses to thrive.”
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: It is expected that most people staying at a nature-based park will bring their portable accommodation with them. This will ensure that with appropriate management there will be minimal or no environmental impact.
Economic: The proposal if approved by Council will allow for a greater number of tourists being able to stay in Northcliffe at this property.
Social: This proposal seeks to provide an increase to a tourist short stay product in a locality valued for its natural attractions and amenity.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council, subject to receipt of a compliant Bushfire Management Plan and Emergency Evacuation Plan grant approval to the application in accordance with Part 10 and Clause 5.5 of Local Planning Scheme No 4, subject to the following conditions:
a) The Low Impact Tourist Development - Short Stay hereby approved is limited to a maximum of one hundred and eighteen (118) persons at the premises at any one time, except where approval to utilise the overflow camping area is granted under the Caravan Parks and Camping Grounds Act 1995;
b) An individual is not to occupy the accommodation for more than twenty-eight (28) days within any three (3) month period as provided in the Nature Based Park Guidelines, December 2014. In this regard, the Manager/Operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the local government, and the register shall be made available for perusal by Shire Officers on demand;
c) Development must comply with the Caravan Parks and Camping Grounds Act 1995 and Caravan Parks and Camping Grounds Regulations 1997. Applicant must submit an Application for Grant or Renewal of Licence together with a Management Plan which, as approved, will form the basis for the licence issued and conditions imposed;
d) The 2015 management details shall be revised, submitted for approval and implemented on an ongoing basis to the satisfaction of the Shire of Manjimup;
e) The 2015 management details and Emergency Evacuation Plan are to be updated and along with preparation of a Bushfire Management Plan, submitted for approval and finalised within 6 months of the accommodation increasing in numbers;
f) An on-site potable water supply shall be provided on the site prior to resumption of the use, and shall thereafter be permanently maintained to the satisfaction of the local government. Details and particulars of the capacity, design, location and materials used on the external surfaces of the required water storage facility shall be subject to the prior approval of the local government; and
g) Rubbish storage areas are to be designed and located to minimise noise, odour, visual intrusion and/or other factors potentially adversely affecting the character and/or amenity of Nature Based Park users and properties in the vicinity to the satisfaction of the local government.
Advice to Applicant
i. Further to point No e) above, the applicant be advised that as a minimum it is recommended that the Bushfire Management Plan, prepared by a suitably qualified and accredited assessor should address the following matters:
· The Bushfire Management Plan should restrict use during the Shire of Manjimup Prohibited Burning Period;
· The Bushfire Management Plan should restrict use if the Forest Fire Danger Index is Severe (50) or above;
· A comprehensive Evacuation Management Plan; and
· A limit on the number of people staying.
ii. The development the subject of this planning approval must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911 and the Public Health Act 2016.
iii. The development the subject of this planning approval is required to comply with the Shire of Manjimup’s Health Local Laws 1998.
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Moved: Winfield, C Seconded: Taylor, R
That Council, subject to receipt of a compliant Bushfire Management Plan and Emergency Evacuation Plan grant approval to the application in accordance with Part 10 and Clause 5.5 of Local Planning Scheme No 4, subject to the following conditions: a) The Low Impact Tourist Development - Short Stay hereby approved is limited to a maximum of one hundred and eighteen (118) persons at the premises at any one time, except where approval to utilise the overflow camping area is granted under the Caravan Parks and Camping Grounds Act 1995; b) An individual is not to occupy the accommodation for more than twenty-eight (28) days within any three (3) month period as provided in the Nature Based Park Guidelines, December 2014. In this regard, the Manager/Operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the local government, and the register shall be made available for perusal by Shire Officers on demand; c) Development must comply with the Caravan Parks and Camping Grounds Act 1995 and Caravan Parks and Camping Grounds Regulations 1997. Applicant must submit an Application for Grant or Renewal of Licence together with a Management Plan which, as approved, will form the basis for the licence issued and conditions imposed; d) The 2015 management details shall be revised, submitted for approval and implemented on an ongoing basis to the satisfaction of the Shire of Manjimup; e) The 2015 management details and Emergency Evacuation Plan are to be updated and along with preparation of a Bushfire Management Plan, submitted for approval and finalised within 6 months of the accommodation increasing in numbers; f) An on-site potable water supply shall be provided on the site prior to resumption of the use, and shall thereafter be permanently maintained to the satisfaction of the local government. Details and particulars of the capacity, design, location and materials used on the external surfaces of the required water storage facility shall be subject to the prior approval of the local government; and g) Rubbish storage areas are to be designed and located to minimise noise, odour, visual intrusion and/or other factors potentially adversely affecting the character and/or amenity of Nature Based Park users and properties in the vicinity to the satisfaction of the local government.
Advice to Applicant i. Further to point No e) above, the applicant be advised that as a minimum it is recommended that the Bushfire Management Plan, prepared by a suitably qualified and accredited assessor should address the following matters: · The Bushfire Management Plan should restrict use during the Shire of Manjimup Prohibited Burning Period; · The Bushfire Management Plan should restrict use if the Forest Fire Danger Index is Severe (50) or above; · A comprehensive Evacuation Management Plan; and · A limit on the number of people staying. ii. The development the subject of this planning approval must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911 and the Public Health Act 2016. iii. The development the subject of this planning approval is required to comply with the Shire of Manjimup’s Health Local Laws 1998.
CARRIED: 9/0 |
110
Councillor Eiby returned to the Chamber at 6.10pm.
ATTACHMENT
9.5.7 Application for Retrospective Approval to a Dam at Lot 250 (317) Angels Road, Middlesex
|
PROPONENT |
Ms L Starkie |
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OWNER |
Ms L Starkie |
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LOCATION / ADDRESS: |
Lot 250 (317) Angels Road, Middlesex |
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WARD: |
East |
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ZONE: |
Priority Agriculture |
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DIRECTORATE: |
Development and Regulation |
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FILE REFERENCE: |
DA20/79; P56294 |
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LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Kaylene Roberts |
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DATE OF REPORT: |
29 June 2020 |
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DECLARATION OF INTEREST: |
Nil |
Background:
Council at its 25 July 2019 meeting considered a retrospective application for dam with a setback variation at Lot 250 (317) Angels Road, Middlesex. With the toe of the dam wall having been constructed with a zero setback to the eastern boundary, Council resolved (Resolution 27891) to refuse the application as submitted for the following reasons:
a) the dam is in contravention with the setback requirements of Local Planning Policy 6.1.11 Rural Land Uses;
b) the reduction in setbacks will result in an unacceptable fire management risk by preventing maintenance of required fire breaks;
c) observations during site inspections indicate that the development is being negatively impacted from inclement weather and stock movements to its detriment;
d) the applicant has not adequately demonstrated that the impacts of the proposed development can be contained on the application site; and
e) the reduction in setbacks would result in an undesirable planning outcome where the risks have not been mitigated.
In addition to refusing the application, Council resolved to encourage the landowner to submit a revised proposal that can achieve adequate bush fire management and a report prepared by a suitably qualified engineer on the design of the dam structure and spillway to the satisfaction of the Chief Executive Officer. A minimum setback of 5 metres was recommended.
Council is now requested to consider a revised application for retrospective approval for an agricultural dam at Lot 250 (317) Angels Road, Middlesex. As the proposal relates to retrospective works and approval requires a setback variation, the application cannot be determined under delegated authority.
A copy of the development plans are attached.
ATTACHMENT: 9.5.7(1)
The subject property is 9.7 hectares in area and is accessed by Angels Road. The property currently contains a second hand transportable dwelling and an existing dam. A location plan is shown below.
Location Plan
As detailed in the retrospective application, the dam was to be constructed with a capacity of 30 Megalitres and is to be used to irrigate mixed horticulture and cattle as well as orchard irrigation. The dam has an outer wall height of 6 metres and a wall length of 130 metres. The submitted plans indicate a 5 metre setback from the eastern side.
PUBLIC Consultation Undertaken:
The application has been advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) for a 21 day period to the adjoining landowner and Department of Water and Environmental Regulation (DWER) with the application closing 12 June 2020.
Two submissions were received during the advertising period, one from the adjoining landowner and the other from DWER. The adjoining landowner has objected to the proposal while DWER have made a couple of recommendations. A copy of the submissions are attached.
ATTACHMENT: 9.5.7(2)
Further comments regarding the submissions are` provided within the comment section of this agenda item.
COMMENT (Includes Options):
The provisions of the Scheme include the land within the Priority Agriculture Zone. The purpose of this zone is to provide for the sustainable use of rural land which primarily accommodates a range of rural pursuits compatible with the land compatibility and retains the rural character and amenity of the locality.
In accordance with Clause 8.4 (xxiv) of the Scheme, prior planning approval is not required for dams within the Priority Agriculture or General Agriculture zones where the lower edge of the dam wall and any other part of the dam including the dam water is further than 20 metres from the property boundaries. Proposal for dams which are setback less than the 20 metres from property boundaries require Council’s prior planning approval.
Council at its Ordinary meeting of 25 July 2019 encouraged the landowner to submit a revised application with a minimum 5 metre setback to the neighbouring property to achieve adequate bush fire management. In addition Council resolved to require the submission of a report from a suitably qualified engineer on the design of the dam and spillway
An inspection of the site inspection confirms that rather than submit revised plans and the required engineers report, the landowners have proceed with works to modify the dame in order to achieve a setback of 5 metres. This additional work has therefore been undertaken in direct contravention of Council’s previous decision and without the prior approval of the local government.
To guide Council in the determination of the application the following comments are offered:
Retrospective Approval
In accordance with Clause 8.6 of the Scheme, planning approval may be granted to a development already commenced and completed, regardless of the date, if the development conforms to the provisions of the Scheme.
A decision to grant retrospective approval does not prevent the local government from taking action for a breach of the Scheme requirement for prior approval to be obtained. In respect of breaches of the Scheme, a further agenda item will be prepared for Council consideration at the Ordinary Meeting to be held on 13 August 2020. In the meantime, the owners/applicants will be requested to ‘show cause’ as to why legal action should not be commenced for proceeding with both the initial and more recent works, which have been undertaken contrary to the requirements of the Scheme.
Matters to be Considered
In determining an application for planning approval, Clause 10.2 of the Scheme requires that various matters are taken into account, including but not limited to:-
(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;
(vi) the local government’s adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4;
(x) the compatibility of a use or development with its setting, including the potential impact on the use and enjoyment of adjacent nearby land and taking into consideration any Special Control area;
(xxvi) the comments and submissions received from any authority that has been consulted;
(xiv) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk.
Policy Assessment
Local Planning Policy LPS4 6.1.22 – Dams (the Policy) provides guidance and ensures a consistent approach when considering application for Dams. The assessment indicates that the dam would be considered moderate risk given the combination of other dams and road infrastructure.
|
Risk Category |
Score |
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Construction Type (On-stream Dam / Seasonal Stream/ River) 5-20ha |
3 |
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Volume (10-100ML)) |
3 |
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Wall Height (5-10m) |
3 |
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Dam Wall Design (Designed by owner or others) |
3 |
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Infrastructure Downstream (Road Infrastructure) |
2 |
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Overflow infrastructure proposed (dam bypass & overflow by others) |
1 |
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TOTAL |
15 |
In accordance with provision 6.2 of the Policy dams that score between 10 – 15 are considered moderate risk. As outlined in the Policy it is recommended that an advice note be included on any approval advising the landowners that they are responsible for the structural integrity of the dam construction and also recommending that the proposed structure be certified by an appropriately experienced contractor or qualified engineer.
Submissions Received
As stated two submissions were received during the consultation period, one from DWER and the second from the adjoining landowners. These are discussed below:
DWER Comments
DWER have identified that the proposal has the potential for impact on water management and have identified two key issues and have provided recommendations and these matters should be addressed.
· Issue one - the proponent was issued a permit to install the dam expires on 14 June 2020, and the proponents are yet to install the bypass system and spillway in accordance with their permit; and
· Issue two – The Smith Brook surface water is fully allocated and it is recommended that the proponent be advised that there is no additional water available over and above their current allocation.
A meeting of Shire Officers and representatives from DWER confirmed that the applicants have not installed a bypass system and spillway as per their DWER permit and as this permit has now expired. The owners will therefore need to liaise with DWER officers over renewal of their approvals prior to proceeding with any further works.
Neighbouring property submission
The submitter has stated that their previous concerns have not changed since the previous application and have major concerns relating to the surveyors plan and these are:
· the overflow pipe installed at the north end of the wall is grossly inadequate for the catchment;
· the overflow does not join the natural flow of the stream. Any water overflowing will erode the dam wall and needs to be considerably larger and must join the natural flow before entering their property;
· survey plans show the foot of the dam wall to be on their boundary; and
· the dam size and extent has grown to now encompass Lot 301 (Lot 251 – incorrectly labelled on survey plan).
With respect to the overflow system, the comments received reflect the concerns of DWER officers. It is recommended that appropriate conditions are imposed to ensure that construction of the dam by-pass and dam spillway is completed in accordance with the applicants DWER permit.
Furthermore with respect to the neighbours concerns that the dam will now cross over into the adjacent property, installation of the by-pass systems must be wholly contained within the subject property. This will ensure that the dam and associated water storage is wholly contained within the property.
All other matters raised by the adjoining land owner were not considered to be based on material planning grounds, however are contained in the attached submission for reference.
Previous Council Resolution
As mentioned above, in Council’s previous resolution the applicant was encouraged to submit a revised proposal which shows the appropriate property boundary setbacks for bush fire management and a report prepared from a suitably qualified engineer on the design of the dam structure.
The applicant has submitted a revised proposal, the subject of the Council report, that shows a 5 metre setback as well as a letter from an experienced dam builder who stated that the dam has been well constructed. A copy of the report is attached.
ATTACHMENT: 9.5.7(3)
Conclusion
The landowners has completed additional works on site dam, modifying the dam to achieve a setback of 5 metres.
Notwithstanding this, as identified by DWER officers advise that installation of a dam by-pass is still required in accordance with the applicants water license. Construction of such a by-pass and spillway, ensuring that the dam by-pass and over flow systems are installed. These should be constructed so as to ensure that the water is returned to the will the adjoining neighbour the overflow returns to join the natural flow of the stream.
Whilst it is noted that the landowner will be required to complete further modification to the dam, it is submitted that the Shire approval should have been obtained to the revised plans prior to the landowner completing the modifications now in place. Further works are now required.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No. 4.
Policy / Strategic Implications:
The application has been assessed against Local Planning Policy 6.1.22 – Dams.
Organisational risk management:
In the absence of appropriately constructed Dam By-Pass and Spillway systems, there is a potential risk that erosion will occur.
Financial Implications:
The required retrospective application fee has been paid by the applicant.
Sustainability:
Environmental: The environmental impacts of this proposal are surmised by Shire Officers as being minimal on the locality, provided adequate drainage and overflow infrastructure is provided for the dam.
Economic: Nil.
Social: The construction of dams without appropriate overflow prevention mechanisms such as spillways and by-passes that return the water to the natural stream flow has the potential to detrimentally impact on both the subject land and neighbouring properties.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council
1. In accordance with Part 8.6 of the Shire of Manjimup Local Planning Scheme No.4 grant retrospective development approval to the application for a retrospective dam at Lot 250 (317) Angels Road, Middlesex (Application TP69/2020) subject to the following conditions and advice:
a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent from the Shire of Manjimup;
|
Reference |
Document Title |
Date Received |
|
1 |
Survey Plan |
4 May 2020 |
|
2 |
Dam Design |
4 May 2020 |
|
3 |
Additional Information |
4 May 2020 |
b) The applicant shall within 30 days of this approval construct the Dam By-Pass system and a dam spillway in accordance with the Department of Water and Environmental Regulation permit number PMB204164(1), with the dam overflow systems returning excess water to the natural flow of the stream;
c) All dam infrastructure including the Dam by-pass systems referred to in condition b) above including spillway and stored water shall be wholly contained within the subject land. Water from the dam is prohibited to accumulate across property boundaries;
d) All pumps and ancillary equipment and structures being setback a minimum of 20 metres from the property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No. 4;
Advice the Applicant:
i. This development approval is not a water licence or clearing permit. The proponent to ensure that all approvals have been obtained from the Department of Water and Environmental Regulation;
ii. It is recommended that the design of the dam wall is certified by a practicing civil/structural engineer to ensure that it will be structurally sound and constructed to a standard that will ensure that failure of the proposed dam wall, including in the case of extreme flood events exceeding a 1 in 100 year event;
iii. It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained; and
iv. The owner is liable for any damage caused as a result of the dam being built.
2. Await the presentation of an agenda item to the Ordinary Meeting to be held on 13 August 2020 in respect of the potential for legal action to be taken for the landowners decision to proceed with dam works contrary to the requirements of Local Planning Scheme No 4 for prior planning approval to be obtained.
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Moved: Winfield, C Seconded: Skoss, K
That Council 1. In accordance with Part 8.6 of the Shire of Manjimup Local Planning Scheme No.4 grant retrospective development approval to the application for a retrospective dam at Lot 250 (317) Angels Road, Middlesex (Application TP69/2020) subject to the following conditions and advice: a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent from the Shire of Manjimup;
b) The applicant shall within 180 days of this approval construct the Dam By-Pass system and a dam spillway in accordance with the Department of Water and Environmental Regulation permit number PMB204164(1), with the dam overflow systems returning excess water to the natural flow of the stream; c) All dam infrastructure including the Dam by-pass systems referred to in condition b) above including spillway and stored water shall be wholly contained within the subject land. Water from the dam is prohibited to accumulate across property boundaries; d) All pumps and ancillary equipment and structures being setback a minimum of 20 metres from the property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No. 4; Advice the Applicant: i. This development approval is not a water licence or clearing permit. The proponent to ensure that all approvals have been obtained from the Department of Water and Environmental Regulation; ii. It is recommended that the design of the dam wall is certified by a practicing civil/structural engineer to ensure that it will be structurally sound and constructed to a standard that will ensure that failure of the proposed dam wall, including in the case of extreme flood events exceeding a 1 in 100 year event; iii. It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained; and iv. The owner is liable for any damage caused as a result of the dam being built. 2. Await the presentation of an agenda item to the Ordinary Meeting to be held on 13 August 2020 in respect of the potential for legal action to be taken for the landowners decision to proceed with dam works contrary to the requirements of Local Planning Scheme No 4 for prior planning approval to be obtained.
CARRIED: 10/0
Reason: · Gives proponent time to do the work. |
115
Councillor Skoss declared a Financial Interest in this Item as he and his wife have their avocados packed by KPMS. Councillor Skoss did not speak or vote on the matter and left the Chamber at 6.11pm.
ATTACHMENT
APPENDIX
9.5.9 Request for Time Extension for Compliance with Planning Conditions at Lot 107 (40) Ralston Road, Ringbark
|
PROPONENT |
Mr J Franceschi |
|
OWNER |
Advance Packing & Marketing Service Pty Ltd |
|
LOCATION / ADDRESS: |
Lot 107 (40) Ralston Road, Ringbark |
|
WARD: |
North Ward |
|
ZONE: |
General Agriculture |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA19/45 P51042 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Brian Robinson |
|
DATE OF REPORT: |
2 July 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Lot 107 is 12.74 hectares and consists of a processing shed of 1,194m², a commercial laundry and a 39x90 metre (3,510m²) packing shed, which was approved by Council (Resolution 26359) June 2015.
In April 2019, an application for the enclosure of an existing loading area, the construction of a 25x 90 metre (2,250m²) covered loading bay, an extension to the south of the building of 6x57 metres (342m²) and the relocation of the office to accommodate the southern extension was made. The application (DA19/45), which was approved under delegated Authority, required the construction of the associated parking area prior to occupation of the new development.
In December 2019, the Shire of Manjimup Chief Executive Officer, acting on behalf of Council considered an application to defer construction of the associated parking area. The request was approved under delegated authority (during the break between the December 2019 and January 2020 meeting) with a revised condition imposed as follows:
4. Prior to July 2020 the approved parking plan must be implemented, constructed and thereafter maintained to the satisfaction of the Shire of Manjimup, for the life of the development.
The rewording of the condition was supported to facilitate the legal occupation and use of the development and the issuance of a temporary permit to occupy. A copy of the delegated reports are appended.
APPENDIX: 9.5.9(A)
At the time of preparing this agenda item the construction of the car parking had not been completed to a satisfactory standard. The applicant has now requested they be given until April 2021 to complete sealing and line-marking of the carpark. The request is shown attached.
ATTACHMENT: 9.5.9(1)
Council is now requested to consider this request as Shire Officers do not have the delegated authority to permit the ongoing use of the premises without the required parking area.
PUBLIC Consultation Undertaken:
Public comment was sought for the application to extend the packing shed in accordance with clause 9.6 of the Local Planning Scheme No. 4 (the Scheme). No submissions were received in response to the consultation process.
COMMENT (Includes Options):
The property is zoned General Agriculture under the Shire of Manjimup’s Local Planning Scheme No 4 (the Scheme) and was assessed against the Scheme standards and requirements.
To assist Council in determining the applicants request, the following comments are offered:
Required Parking Bays
Industry Rural is not listed as a use in Table 2: Car Parking Requirements, it is reasonable to assume that the parking requirements would be similar to Industry General being 1 car bay per 100m².
With the addition of 2,592m² of floor space, the additional parking requirements would be 26 bays, increasing the number of parking bays required on-site to 66 bays.
Provision of Parking prior to Use
As outlined by clause 5.17.1, land within the Scheme area shall not be used or developed unless on-site parking is provided.
Parking Standard of Construction
The parking standards outlined in clause 5.17.9 of the scheme set the agreed quality that is expected for those developments that require parking to be constructed on site. As stated within that clause, except as otherwise approved by the local government, all parking areas shall be constructed with a sealed surface comprising bitumen seal, concrete, brick paving or pea-gravel seat on a compacted base with associated drainage and linemarking.
The requirement for such parking to be constructed prior to commencement of the use was supported under delegated authority to assist the applicants in expanding their current operation.
Planning Exemptions
The State Government has approved a number of planning exemptions under the State of Emergency associated with COVID-19. In accordance with Schedule 5 of the Notice of Exemption proponents have been granted additional time to provide onsite parking facilities where consistent with the following:
1. Provided that this exemption only applies to:
a) non-residential development; and
b) where the proponents provides less than the number of parking bays required for the use in question, and the shortfall is 10 parking bays or less.
2. An exemption under this clause will expire 90 days after the date upon which the State of Emergency Declaration ceases to have effect or is revoked.
As elected members will appreciate, the COVID-19 pandemic has impacted on many businesses within the district. In the case of the subject land use, the export market has been severely impacted.
Whilst the current shortfall of parking exceeds 10 as stated within the above exemption, the principal associated with granting the proponent additional time is consistent with its intent.
Relaxation of Standards
In accordance with clause 5.5 of the Scheme, Council may relax a standard or requirement prescribed by the Scheme, provided that:
a) Approval of the proposed development would be appropriate having regard to the criteria set out in clause 10.2; and
b) 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, the potential for non-compliance up to 30 April 2021 has limited potential to result in adverse impacts extending beyond the site.
Conclusion
The additional parking associated with the extensions conditionally approved on the subject land were required prior to the applicants commencing the use. A relaxation was granted and additional timeframes established under delegated authority in order to facilitate occupation of the development.
The impacts of the COVID-19 pandemic and now weather conditions have resulted in the applicants delaying the installation of the car park seal. A further delay is anticipated due to the seasonal nature of the business, with the main operating period from September to March. Construction of the parking area during this time period will detrimentally impact on the applicants ability to operate the business.
In these circumstances, it is recommended that the applicants request be approved and the conditions of approval be amended to require sealing and line marking of the parking area by 30 April 2021.
STATUTORY ENVIRONMENT:
The requirements relating to car parking are set out by the provisions of the Scheme.
Policy / Strategic Implications:
Support of the applicants request for additional time would be consistent with the following Strategies identified within the Shire of Manjimup Strategic Community Plan 2019-2029:
B4. Support sustainable agricultural expansion, value-adding and downstream processing, research and development, culinary and agri-tourism, land protections and continued support for the Southern Forests Food Council.
B10. Ensure the regulatory environment is easy to navigate and development, business friendly environment.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Support of the applicants request will ensure the ongoing operation of the activities on site, whilst ultimately ensuring compliance with the scheme.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Approve the applicants request for additional time to complete construction of the required parking area required in association with Development Application DA19/45 in accordance with the provisions of Part 5.5 of Local Planning Scheme No 4; and
2. Amend condition No 4 of Planning Approval DA19/45 to read as follows:
“4. Prior to 30 April 2021, the approved parking plan must be implemented, constructed in accordance with the requirements of Local Planning Scheme No 4 and thereafter be maintained to the satisfaction of the Shire of Manjimup.”
3. Advise the applicants that no further extensions of time will be granted in respect of the formal car parking construction.
|
Moved: Jenkins, D Seconded: Winfield, C
That Council: 1. Approve the applicants request for additional time to complete construction of the required parking area required in association with Development Application DA19/45 in accordance with the provisions of Part 5.5 of Local Planning Scheme No 4; and 2. Amend condition No 4 of Planning Approval DA19/45 to read as follows: “4. Prior to 30 April 2021, the approved parking plan must be implemented, constructed in accordance with the requirements of Local Planning Scheme No 4 and thereafter be maintained to the satisfaction of the Shire of Manjimup.” 3. Advise the applicants that no further extensions of time will be granted in respect of the formal car parking construction.
CARRIED: 9/0 |
118
Councillor Skoss returned to the Chamber at 6.12pm.
ATTACHMENT
APPENDIX
9.16.2 Unconfirmed Minutes of the Pemberton Town Centre Revitalisation Advisory Committee Meeting held on 30 June 2020
|
PROPONENT |
Pemberton Town Centre Revitalisation Advisory Committee |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Pemberton Town Centre |
|
WARD: |
West |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Works & Services |
|
FILE REFERENCE: |
F170456 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Debbie Whittle |
|
DATE OF REPORT: |
1 July 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Pemberton Town Centre Revitalisation Advisory Committee is an advisory committee of Council, formed under the provisions of the Local Government Act 1995. In accordance with the adopted Terms of Reference, the functions of the committee are:
1. Identification of opportunities for space activation within the main street or adjacent open space;
2. Liaison with other relevant community groups and/or service agencies over potential art or cultural projects; and
3. Assisting Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct.
The purpose of this agenda item is to receive the unconfirmed minutes of the Pemberton Town Centre Revitalisation Advisory Committee meeting held on 30 June 2020. A copy of the minutes are attached.
ATTACHMENT: 9.16.2(1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The Terms of Reference adopted at Councils ordinary meeting of 13 February 2020 included three vacant positions for Community Representatives. Six new nominations for the positions of Community Representative have now been received. The current Terms of Reference allow for four (4) community representatives. However, following a general discussion the committee members were supportive of the Terms of Reference being modified to allow all nominations to be accepted. The current Terms of Reference are appended.
APPENDIX: 9.16.2(A)
Six nominations were received, as follows;
· Ardal Nigg;
· Mark Hudson;
· Mitchell Goddin;
· Paul Barclay;
· Joel Lawrence; and
· Kathy Barrett-Lennard.
The proposed Pemberton Town Centre Revitalisation Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.
ATTACHMENT: 9.16.2(2)
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
Revitalisation of the Pemberton Town Centre will ensure that the town is accessible, attractive and inviting, whilst maintaining its unique character, consistent with Community Goal 4.4 as identified in the Shires Strategic Community Plan.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: The Committee aims to assist the Shire guide future developments in the town.
Economic: By addressing opportunities for space activation within the town centre, local businesses will benefit.
Social: The Terms of Reference for this committee pay particular attention to encouraging a cohesive social fabric.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Receive and note the minutes of the Pemberton Town Centre Revitalisation Advisory Committee held on 30 June 2020 attached at 9.16.2(1);
2. Make the following appointments as community representatives to the Pemberton Town Centre Revitalisation Advisory Committee for the period to 16 October 2021;
· Ardal Nigg;
· Mark Hudson;
· Mitchell Goddin;
· Paul Barclay;
· Joel Lawrence; and
· Kathy Barret-Lennard; and
3. Confirm the Terms of Reference for the Pemberton Town Centre Revitalisation Advisory Committee as detailed in the Attachment 9.16.2(2).
|
Moved: Ventris, M Seconded: Lawrence, K
That Council: 1. Receive and note the minutes of the Pemberton Town Centre Revitalisation Advisory Committee held on 30 June 2020 attached at 9.16.2(1); 2. Make the following appointments as community representatives to the Pemberton Town Centre Revitalisation Advisory Committee for the period to 16 October 2021; · Ardal Nigg; · Mark Hudson; · Mitchell Goddin; · Paul Barclay; · Joel Lawrence; and · Kathy Barret-Lennard; and 3. Confirm the Terms of Reference for the Pemberton Town Centre Revitalisation Advisory Committee as detailed in the Attachment 9.16.2(2). CARRIED: 10/0 |
Councillors Omodei, Ventris and Lawrence all declared an Impartiality Interest in this Item as they are all members of the Pemberton Sports Club. Councillors Omodei, Ventris and Lawrence all declared that they would consider this matter on its merits and vote accordingly.
ATTACHMENT
L.1 Request from Pemberton Sports Club Inc. to Waive 2020/21 Rates and Write Off 2019/20 Debt
|
PROPONENT |
Pemberton Sports Club Inc. |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
1 Club Road, Pemberton |
|
WARD: |
West |
|
ZONE: |
Parks and Recreation |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F161210 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
13 July 2020 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Pemberton Sports Club Inc. have written to the Shire of Manjimup (Shire) requesting:
1. The waiver of 2020/21 Rates estimated to be $7,454.48 (ex. GST); and
2. To write off debts incurred to the Shire of Manjimup of $2080.50 (ex. GST) in Rates, $3944.92 (inc. GST) of overdue electricity charges and $3,660.54 (inc. GST) of overdue water charges for a total of $8994.55 (ex. GST).
ATTACHMENT: L.1(1)
The Shire of Manjimup is the building owner and the Pemberton Sports Club is leased to Pemberton Sports Club Inc.
The purpose of this late report is for Council to give consideration to the Pemberton Sports Club Inc. request before Council considers the 2020/21 Budget for adoption at the meeting on 13 August 2020.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
As outlined in the correspondence from the Pemberton Sports Club Inc., the facility has been closed due to the COVID-19 pandemic since 23 March 2020 and has only just recently re-opened. What is not stated but is understood by the Chief Executive Officer is that the business may be struggling to maintain solvency as historical business strategies have led to poor business performance and this is now exacerbated by COVID-19 taking a toll which includes the cancellation of the 2020 Lower South West Football League competition.
The Pemberton Sports Club Inc. is operated under incorporation and was established to service and manage facilities for a number of recreational and community pursuits under a membership arrangement. Only the licensed area of the Pemberton Sports Club is subject to Shire Rates as a Rates Concession is applied to the remainder of the facility given the community and recreation benefit (2019/20 Rates Concession of $22,363.45 (ex. GST) of total Rates of $29,817.93 (ex. GST). The Shire is the legal entity in relation to water and electricity fees and charges, and these are forwarded to the Pemberton Sports Club Inc. for payment on a routine basis. The Pemberton Sports Club Inc. indirectly recoups water and electricity costs for the non-licensed areas through charges applied for recreation and community usage.
As indicated earlier, historical business strategies have led to poor business performance and on 21 January 2013 the Shire wrote off Rates for 2012/13 to an amount of $12,655.99 (ex. GST) and did not raise rates against the property in 2013/14. Councillors should note that due to valuations on the current licensed area, the amount of Rates payable by the Pemberton Sports Club Inc. has decreased by 42% between 2012/13 and now.
Since 2013/14, the Pemberton Sports Club Inc. has received $110,000 in funding as part of the Shire’s Recreation Centre Development Program. This funding is designed to be applied to the recreation and community components of the facility and not the licensed area. However in 2016/17 $20,000 of funding was applied (with Shire approval) to clear the electricity debt owing to the Shire, again flagging business performance concerns.
The Pemberton Sports Club is under lease to the Pemberton Sports Club Inc. and to be very clear to Councillors it is not the role or responsibility of the Shire to intrude into essentially what is a commercial operation within the licensed area. The crux of the issues that Council has had to face over a number of years is that the Pemberton Sports Club Inc. provides important management and operational functions for the recreation and community component of the Pemberton Sports Club. If Pemberton Sports Club Inc. became insolvent and was unable to trade, the Pemberton Sports Club facility would require a major change in operational model that most undoubtedly would involve significant financial investment from the Shire in order to sustain the recreation and community benefit for the Pemberton community. In addition to this any debt already owed by the Pemberton Sports Club Inc. would be written off and it would be unlikely that any future Rates would be payable from the facility (dependent on any new management model).
It is agreed that the Pemberton Sports Club Inc. is currently struggling to survive and recent indications are that they are contemplating a major overhaul in how they strategically operate their business. On the basis that if Pemberton Sports Club Inc. ceased to trade in the immediate future and all debt would be required to be written off regardless, it is recommended that Council give due consideration to the request at this meeting in time for the 2020/21 Budget adoption at the meeting on 13 August 2020.
Options worthy of consideration by Council include:
1. Write off current debts to the Shire and waive Rates against the property in 2020/21;
2. Write off current debts only;
3. Waive Rates against the property in 2020/21 and extend terms on current debts without penalty for an additional period;
4. Reject the request; or
5. Apply the soon to be introduced Hardship Policy.
Pemberton Sports Club Inc. provides a valuable service to the Pemberton community and for a number of years appears to have struggled to trade sustainably. It is very clear that their business strategies require immediate attention and it is understood that they are now strategically reviewing their business model and structures. There is some concern from the Chief Executive Officer that Council has previously agreed to carry costs of the Pemberton Sport Club Inc.’s poor business operation and similar issues have arisen again. It is however considered that COVID-19 has had a significant impact on operations and with new members of the community becoming involved recently, it is a reasonable proposition that Pemberton Sports Club Inc. be afforded another chance to get their business back on track for the benefit of recreation and community pursuits in Pemberton. On this basis the Chief Executive Officer recommends Council supports the request from Pemberton Sports Club Inc.
STATUTORY ENVIRONMENT:
The Local Government Act 1995 s.6.12 (1)(b) permits a Local Government to waive any amount of money subject to being carried by Absolute Majority.
The Local Government Act 1995 s.6.12 (1)(c) permits a Local Government to write off any amount of money subject to being carried by Absolute Majority.
Policy / Strategic Implications:
The Shire finds itself again in a difficult situation where it needs to consider using public funds to support the Pemberton Sports Club Inc. trading as a commercial entity against other competitors in the community. The clear point of difference with regard to this is the Pemberton Sports Club Inc. is established to support a membership base that revolves around recreation and community facilities.
The operation of the Pemberton Sports Club Inc. is quite unique and if they were to cease trading undoubtedly the Shire would be required to step in and assist with some type of recreation and community management at considerable expense to the organisation. It is considered that the Pemberton Sports Club Inc. are taking major steps to overhaul their strategies to arrest poor business performance and in the future the achievement of sustainability would be the best outcome for the Pemberton community and Shire.
Organisational risk management:
There is some reputational risk to the Shire if it does or does not support the request. If the Shire supports the request, it may be criticised by competitors and members of the community in supporting a commercial operation with public funds. If the Shire does not support the request and Pemberton Sports Club Inc. ceases to trade, no doubt concern will be raised by the Pemberton community with demands for the Shire to support recreation and community facilities in addition to the majority of the existing debt and future Rates being lost.
Financial Implications:
Absorbing the 2020/21 Rates from the Pemberton Sports Club Inc. by waiver represents 0.077% of the total Rate funds (after Concessions) anticipated to be received by the Shire. Given Council has already made a decision not to increase Rates in 2020/21, making a decision to waive Rates for the Pemberton Sports Club Inc. will slightly adjust individual Rate charges against all properties. This will be particularly noticeable where revaluations have not occurred on the majority of GRV properties. However the adjustment is not considered material and hypothetically if the waiver was divided equally between the 5609 rateable properties across the district it would result in a 2020/21 Rate increase of $1.33 per rateable property. In reality obviously some properties would incur a greater increase and some would incur less of an increase however it would not be considered material.
Writing off $8994.55 (ex. GST) for debts from 2019/20 in the 2020/21 financial year can occur through the normal budget process. Whilst this is not ideal in a heavily pared back 2020/21 Shire budget due to COVID-19, it can be achieved. If Council elected not to write off the debt to the Pemberton Sports Club Inc. it is likely that the majority of the debt would be lost anyway if they discontinued trading.
Sustainability:
Environmental: Nil.
Economic: The operation of the licensed area of the Pemberton Sports Club should provide valuable economic benefit to recreation and the general community if operations are sustainable. The Pemberton Sports Club Inc. have recognised challenges ahead and are taking steps to remedy current circumstances.
Social: The Pemberton Sports Club provides the local Pemberton community with a variety of recreational and social activities. The continued viability of the Club is important to the social wellbeing of the Pemberton community.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council in relation to Pemberton Sports Club Inc. being lessee of the Pemberton Sports Club at 1 Club Road, Pemberton agree to:
1. Write off $2080.50 (ex. GST) in Rates for the 2019/20 financial year;
2. Write off $3586.29 (ex. GST) in electricity charges for the 2019/20 financial year;
3. Write off $3327.76 (ex. GST) in water charges for the 2019/20 financial year;
4. Increase the Bad Debt expense account in the 2020/21 Budget by $8994.55 (ex. GST) to cover the cost of items 1, 2 and 3 above;
5. Waive Rates for 2020/21; and
6. Notify Pemberton Sports Club Inc. that given the history around previous Rate waivers and debt write offs, the Shire of Manjimup will not waive Rates and write off public utility debts against the property at any stage in the future.
|
Moved: Omodei, P Seconded: Eiby, W
That Council in relation to Pemberton Sports Club Inc. being lessee of the Pemberton Sports Club at 1 Club Road, Pemberton agree to: 1. Write off $2080.50 (ex. GST) in Rates for the 2019/20 financial year; 2. Write off $3586.29 (ex. GST) in electricity charges for the 2019/20 financial year; 3. Write off $3327.76 (ex. GST) in water charges for the 2019/20 financial year; 4. Increase the Bad Debt expense account in the 2020/21 Budget by $8994.55 (ex. GST) to cover the cost of items 1, 2 and 3 above; 5. Waive Rates for 2020/21; and 6. Notify Pemberton Sports Club Inc. that given the history around previous Rate waivers and debt write offs, the Shire of Manjimup will not waive Rates and write off public utility debts against the property at any stage in the future. MOTION carried 9/1
|
127
11.1 Response to questions from members taken on notice: Nil
11.2 Questions from members: Nil
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING: Nil
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING: Nil.
14. MEETING CLOSED TO THE PUBLIC:
14.1 Matters for which the meeting may be closed.
Voting Requirements: Simple Majority
|
Moved: Jenkins, D Seconded: Tapley, D
That Council goes behind closed doors to consider:
Item 14.1.1 as under Section 5.23(2) (a) it deals with a matter affecting an employee or employees.
CARRIED: 10/0 |
Staff and those people in the Gallery left the Chamber at 6.31pm.
14.1.1 Proposed Renewal of Contract - Director Works and Services
|
PROPONENT |
Michael Leers |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
All |
|
DIRECTORATE: |
Office of CEO |
|
FILE REFERENCE: |
PSN 978 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
3 July 2020 |
|
DECLARATION OF INTEREST: |
Nil |
|
Moved: Jenkins, D Seconded: Skoss, K
That Council come from behind closed doors. CARRIED: 10/0
|
Staff and people in the gallery returned to the Chamber at 7.00pm.
14.2 Public reading of resolutions that may be made public.
RESOLUTION WAS READ OUT
|
That Council endorse the Chief Executive Officer’s recommendation to renew the Director of Works and Services contract for Mr Michael Adrian Leers for a period of five years commencing on 26 July 2020 in accordance with the proposed employment contract contained in Attachment: 14.1.1(1). |
15. APPLICATIONS FOR LEAVE OF ABSENCE:
|
Moved: Eiby, W Seconded: Tapley, D
That Council grant Councillors Robert Taylor and Kim Skoss a Leave of Absence for the 13 August 2020 Council meeting.
CARRIED: 10/0 |
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