Minutes of Ordinary Council

· The Chief Executive Officer and I met with Mike Rowe (Director General) Department of Water and Environment Regulation (DWER) Paul Brown, Adam Maskew (Regional Manager DWER) and Michael Braccia.

· Met with Director of Department Local Government, Sport and Cultural Industries regarding process of appointing Senior Staff.

· Attended Regional Road Group meeting with the Director Works.

· Attended Warren Blackwood Alliance of Councils meeting in Donnybrook with the Chief Executive Officer.

· Attended Targa Rally in Pemberton.

· Attended Pemberton History and Heritage meeting with Councillor Ventris and Councillor Lawrence.

· Attended Pemberton Mill Hall Committee meeting.

· Chief Executive Officer and I met with the President Liz Coley and Ranui Harris from Manjimup Community Resource Centre.

· Attended four funerals in a week.

Ø Elsie Dellafranca nee Omodei - Group settler.

Ø Margaret Green nee Pratt - Group Settler - Della Franca.

Ø Verrell Herbert - former Councillor.

Ø Terry Grozotis - Tobacco farmer.

· Special mention to Director Business Greg Lockwood and Craig Martyn regarding the preparation the 2020/2021 Annual Budget.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr S Dawson Vidovich

Cr W Eiby

Cr D Jenkins

Cr K Lawrence

Cr J Darin

Cr D Tapley

Cr M Ventris

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Evy Apeldoorn (Acting 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

Nancy Giblett

David Giblett

Jamie Flett

Bo Flett

Sharon Rooney

Jocelyn Baister

Media

Tari Jeffers

3.1 Apologies: Nil

3.2 Leave Of Absence:

Councillor Kim Skoss and Robert Taylor were granted a Leave Absence at the last Council meeting for this Council meeting.

Councillor Susan Dawson Vidovich had been granted a Leave Absence for this meeting, however Councillor Dawson Vidovich has decided to return to Council early.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received a Proximity Interest declaration from Councillor Jenkins, Financial Interest declarations from Councillors Darin and Eiby and Impartiality Interest declarations from Councillors Omodei, Ventris, Winfield and Dawson Vidovich.

Councillor Jenkins declared a Proximity Interest for Item 9.1.1 parts 2727, 2735, operational, as she is the joint owner of 4 Finch Street Manjimup which is adjacent to AquaCentre and 2698 as her partner owns a property at 135 Jones Road.

Councillor Darin declared a Financial Interest in Item 9.1.1 Vaccinations as her husband is a contracted General Practitioner at Southern Forest Medical Centre and Warren Blackwood Stock Route Trail Bike Hub as she is an employee of Department of Biodiversity, Conservation and Attractions, Parks and Wildlife, Warren Region.

Councillor Eiby declared a Financial Interest in Item 9.1.1 Operational payment for libraries as she is the Manager of the Northcliffe Visitor Centre which provides Northcliffe’s library service and the Community Grants Program as she is the President of the Southern Forests Photography Club which have applied for grants.

Councillor Omodei declared an Impartiality Interest in Item 9.1.1 as he is a member of the Pemberton Mill Hall Committee.

Councillor Ventris declared an Impartiality Interest in Item 9.1.1 Community Grants as his wife is secretary of the Pemberton Heritage and History Group and President of the Pemberton Mill Hall Group.

Councillor Winfield declared an Impartiality Interest in Item 9.1.1 parts 2512, 2718, 2720, Smith Bush Fire Brigade Shed construction contributions as he is a member of Smith Brook Bush Fire Brigade.

Councillor Dawson Vidovich declared an Impartiality Interest in Item 9.1.1 Reseal of Ralston/Yanmah/Donnelly Road as her mother lives on Yanmah Road.

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: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Darin, J

28208

That the Minutes of the Ordinary Meeting of the Council held on 16 July 2020 be confirmed with a correction to the name of Tari Johnston to Tari Jeffers.

CARRIED: 9/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Tapley, D

28209

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 95 of the Agenda with the exception of:

CARRIED: 9/0

9.1.1	Adoption of 2020/21 Annual Budget
9.3.1	Review of Policy 3.4.2 Windy Harbour Leases
9.3.3	Proposed Council Policy 4.1.4 Financial Hardship (Rate Relief)
9.5.2	Proposed Land Clearing at Lot 200 West Boundary Road, Manjimup
9.5.4	Proposed Landscaping Plan - Lots 1, 200, 201 and 801 Golf Links Road, Pemberton
9.5.8	Request to Store Commercial Fishing Boat - Site No 15 Mitchell Way, Windy Harbour
9.7.1	Application to keep Five Cats - RSN 320 (Lot 9860) Riverway Road, Boorara Brook
9.15.1	Unconfirmed Minutes of the Airfield Management Committee Meeting held on 15 July 2020
9.16.1	Unconfirmed Minutes of the Bush Fire Advisory Committee Meeting held 22 July 2020

Items passed by En Bloc Resolution

9.1.2 April to June 2020 Quarterly Report - Office of the CEO

9.2.1 Quarterly Report April - June 2020 Business Directorate

9.3.2 Monthly Financial Activity Statement - May 2020

9.3.4 Council Financial Payments June 2020

9.5.1 Quarterly Reports - January to March 2020 - Development and Regulation Directorate

9.5.3 Proposed Scheme Amendment - Portion of Lot 7489 (107) Burma Road, Pemberton

9.5.5 Proposed Additions to Holiday Cottage at Site 34 Mitchell Way, Windy Harbour

9.5.6 Proposed Setback Variation for an Outbuilding on Site 268 Evans Loop, Windy Harbour

9.5.7 Proposed Outbuilding and Additions to Holiday Cottage at Site 27 Mitchell Way, Windy Harbour

9.9.1	Community Services Directorate Quarterly Report April - June 2020
9.13.1	Quarterly Report April to June 2020 - Works and Service Directorate

ATTACHMENT

9.3.2 Monthly Financial Activity Statement - May 2020

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160188
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	30 July 2020
DECLARATION OF INTEREST:	Nil

Background:

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

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

The Financial Activity Statement report for the period to 31 May 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 31 May 2020 is a projected deficit of $38,561.

This $38,561 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 May 2020 Monthly Financial Activity Statement projections have seen very little change from the April 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.

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

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

COVID-19 related losses/costs

· Manjimup Regional AquaCentre – loss $147,000;

· PowerUp Museum Income – loss $125,000;

· Windy Harbour Camp Ground – loss $31,000;

· Manjimup Indoor Sports Pavilion – loss $16,000;

· Brockman St Leases – waiver $10,745;

· Community Bus Income – loss $5,900.

· Public Toilet Supplies – additional $17,000;

· Public Toilet cleaning – additional $15,000; and

· IT costs associated with work from home - $12,500.

Items that are supporting the end of year position and minimising COVID-19 losses are:

· Manjimup Regional AquaCentre – Electricity savings $21,000

· 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;

· Reduced 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;

· Increased 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 2019/20 to date has been a challenging year, with many varied issues putting pressure on the Shire of Manjimup’s end of year position, the control measures put in place in February 2020 should deliver a neutral end of year position. All Managers and Coordinators should be applauded for their compliance to these measures and the management of their individual budgets but still delivering services to the community.

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 May 2020 as per Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28212

That Council receive the Monthly Financial Activity Statement Report for May 2020 as per Attachment: 9.3.2(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.3.4 Council Financial Payments June 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:	31 July 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 $1,167,018.49 for the month of June 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 13 August 2020.

Fund	Vouchers	Amount
Municipal	94368 - 94415	$149,901.24
Trust Fund	-	$0.00
Total Cheques for Month of June 2020		$149,901.24

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 13 August 2020.

Fund	Batch	Amount
Municipal	65 - 71	$1,015,494.07
Total EFT for Month of June 2020		$1,015,494.07

Corporate Credit Card June 2020 – Municipal Account

6.1101	Top Deck Café Meeting Lunch CEO & Sth Ward Cr ST: 1 NS:1		$47.50
4.1221	Adobe Creative Cloud Monthly subscription for PRO to design documents		$79.29
6.1001	Facebk *QETQETANS2 Advertising – Brockman St lights Message of Hope		$44.37
973.6001	Festo Pty Ltd Pressure Regulator		$147.04
Various	Westnet Internet Services 1/6/2020 – 1/7/2020		$219.89
13.1294	PDQCOM 1 year subscription – PDQ Deploy Enterprise		$665.66
8.1101	Tall Timbers Manjimup Lunch ST:2 NS:3		$157.60
665.1101	Coles Manjimup Disinfectant for PowerUp Museum		$60.00
573.1035	DHL Supply Chain Food Supplement for HCP Client		$67.80
665.1101	The Reject Shop 5x Mats for sanitising stations – MJP Heritage Park		$50.00
666.1164	Manjimup Motors Wire brush sets & 2lts hand cleaner		$63.03
575.1101	Scott Muir (Jabba Café Manjimup) Heritage Park Project Meeting		$21.00
Total Credit Card Payments			$1,623.18
Total Payments for the month June 2020		$1,167,018.49

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As stated.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during June 2020 totalling $1,167,018.49 as per the Credit Card transaction summary and as detailed in Attachment: 9.3.4(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28213

That Council receive the accounts paid during June 2020 totalling $1,167,018.49 as per the Credit Card transaction summary and as detailed in Attachment: 9.3.4(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

APPENDIX

9.5.3 Proposed Scheme Amendment - Portion of Lot 7489 (107) Burma Road, Pemberton

PROPONENT	Able Planning and Project Management
OWNER	GV Holdings Pty Ltd & Rawhide Contracts Management Pty Ltd and State of Western Australia
LOCATION / ADDRESS:	Lot 7489 (107) Burma Road, Pemberton
WARD:	West
ZONE:	Future Development Zone
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F200080 P55212
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	20 July 2020
DECLARATION OF INTEREST:	Nil

Background:

Gloucester Ridge Winery is located at Lot 7489 (107) Burma Road, Pemberton. The land and adjoining Lot 11286 (105) were rezoned from “Rural” to “Special Development” under Town Planning Scheme No. 2 in 2009. An associated, endorsed Structure Plan outlined the creation of 156 residential lots, a tourist development area and public open space. A location plan is provided below and the endorsed structure plan is appended.

APPENDIX: 9.5.3(A)

LOCATION PLAN

Consultants working on behalf of a prospective land owner (land under contract) have requested Council initiate an amendment to Local Planning Scheme No. 4 (the Scheme) to rezone a portion of Lot 7489 to Tourist Enterprise zone and to create local road reserves on Lot 248 and 7488 (Crown land). If supported the remaining portion of Lot 7489 and Lot 11286 will be retained within the Future Development zone. A copy of the request is shown attached.

ATTACHMENT: 9.5.3(1)

Council is requested to consider initiation and/or adoption of a scheme amendment for the purposes of environmental impact assessment and public consultation.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

To assist Council in considering the request for a Scheme Amendment, the following information is offered:

Current Zoning

As identified in the background section of this agenda item, the provisions of the Scheme currently include the land within the Future Development zone. The Scheme also includes the land within Special Control Area No 11.

Zone Purpose

The purpose of the Future Development zone, as outlined in clause 4.16.1 of the Scheme is to “provide for additional sustainable development with and around existing urban settlements”.

Zone Objectives

Consistent with the above purpose, the Scheme identifies the following objectives for the Future Development Zone:

(i) identify and zone land suitable for urban purposes and to prevent such land being used or developed in a manner which could prejudice its possible future use for planned urban purposes;

(ii) provide for the sustainable development of land in an orderly manner with appropriate levels of physical infrastructure and human services;

(iii) provide for urban development that is consistent with ‘liveable neighbourhoods’ urban design principles; and

(iv) require, as a prerequisite to subdivision and development for urban purposes, the preparation and adoption by the local government and the Western Australian Planning Commission of a Structure Plan in accordance with the provisions of Part 6 of the Scheme.

Special Control Area Provisions

The Special Control Area provisions relating to the two properties are outlined within Schedule 11 of the Scheme. The provisions are for the most part framed around the implementation of the endorsed Structure Plan, advocating a residential density of R20. That is lots having a minimum lot size of 350m², with an average of 450m².

In addition, the Special Control Area provisions outlined numerous requirements, including but not limited to:

(i) A requirement for building and landscaping design guidelines;

(ii) The subdivider providing a dual use path between the subject land and Pemberton High School;

(iii) The introduction of a restrictive covenant on the titles of the resultant lots precluding clearing except for clearing undertaken within identified building envelopes, in accordance with an endorsed Fire Management Plan, establishment of driveways and fences and removal of dead, dying or dangerous trees;

(iv) Preparation of a Landscaping Plan prior to clearance of the subdivision;

(v) Preparation of a Fire Management Plan to the satisfaction of Council and the Department of Fire and Emergency Services;

(vi) A preliminary site investigation prior to subdivision to determine the extent, if any of ground or water contamination due to past rural uses;

(vii) Connection to the Pemberton reticulated water scheme;

(viii) Preparation of an Urban Water Management Plan prior to the issue of titles;

(ix) A prohibition on the use of materials from the dam;

(x) A section 70A notification to advise prospective purchasers of the proximity of State Forest and the potential impacts from its management; and

(xi) The preparation of a “Sustainability Implementation Report” detailing how sustainability outcomes will be delivery in respect of on-site power generation, water capture and re-use, re-use of grey water and passive solar design.

Whilst not specifically addressed by the Special Provisions, development of the land to a density of R20 will be required to be connected to the Water Corporation’s reticulated sewerage system.

Issues with Current Zoning

A number of issues have been identified in respect of the current scheme provisions and the associated structure plan, which is not consistent with contemporary planning design. These issues are summarised as follows:

i) In accordance with a density of R20, the Residential Design Codes of Western Australia permit dwellings at an average of 1 dwelling per 450m², with a minimum lot size of 350m²;

ii) The subdivision layout reflected in the structure plan is not consistent with the density of R20, in that:

· Lots around the periphery of the site are substantially larger than the average lot size to ensure a 40 metre buffer is established between future development and the adjacent State Forest. Although the area of land contained within the buffer is not be included in the lot size (as stipulated by the Special Conditions, several of the lots have more than 800m² outside of the buffer;

· Lots within the balance of the structure plan lots range from 540m² to 954m² in area.

Given the above, many of the lots would therefore be capable of being developed with grouped dwellings;

iii) Since the land was rezoned in 2009, bush fire planning requirements have changed significantly. The Structure Plan requires modification in order to comply with current day requirements;

iv) Development of the land to a density of R20 is reliant on the land being connected to the Water Corporation’s reticulated sewerage system. Currently, the land is not connected and the nearest sewerage line is more than 1.1km away using the local road network. Given the undulating nature of the land between the existing network and the subject land, the establishment of a suitable pump station and pressure main would be required, being a significant expense; and

v) Special Control provisions restrict the clearing of land in order to preserve the remanent vegetation on site. The retention of vegetation is not compatible with development at a density of R20.

Proposed zoning

The prospective purchaser has an interest in tourist orientated development and is proposing the establishment of a tourist development comprising cabins and a future caravan park and camping area. The potential for tourist development is restricted under the current zoning and endorsed structure plan, with a Caravan Park and Camping Ground being prohibited.

As a result, their consultants are proposing to establish a ‘Tourist Enterprise’ zone on the western portion of Lot 7489 over a 9.5206 hectare area including the existing dam and remove the Special Control Area (SCA) from this portion of the lot. The remaining 11.081 hectares are proposed to be retained within the Future Development zone and subject to the SCA provisions.

Subdivision and development of the land to a density of R20 requires the land to be connected to the Water Corporations reticulated sewerage system. Given the costs associated with connecting lots to reticulated sewerage, do not wish to proceed with subdivision of the land in accordance with the current structure plan.

Alternatively the applicants are proposing that the balance of Lot 7498 and Lot 11286 be developed at a density of R5, equating to a minimum lot size of 2,000m². Development at a density of R5 is consistent with the objective of retaining existing vegetation on the property.

The proponent has been liaising with the Department of Biodiversity Conservation and Attractions (DBCA) on the potential land swap to create additional local roads to facilitate emergency access routes to and from the proposed development on land reserved and managed by DBCA. It is proposed to rezone portions of State Forest and Public Purpose zoned land to Local Road reserve, consistent with the land swap arrangements.

Consistency with Local Planning Strategy

The subject property is identified in the 2003-2017 Local Planning Strategy as Tourist Vineyard, Special Development Tourist Orientated and has Tourist/recreation identified as future land uses. The proposed amendment aligns with the Local Planning Strategy more so than the current endorsed Structure Plan by providing a greater portion of land to tourist development.

Amendment Process

Council is being requested to initiate the Amendment. Until such time that initiation occurs the proposal remains outside of the legislative process that is dictated by the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. There is also no avenue of appeal in the event that Council does not initiate an amendment.

Should Council resolve to initiate the Amendment, it needs to be mindful that once this act occurs, the Amendment is required to be processed and determined. Therefore, it is prudent that Council is satisfied that the Amendment is sufficiently justified and contains an appropriate level of detail for it to be determined by the Western Australian Planning Commission (WAPC). This is necessary in order to provide a high degree of confidence that the resultant development will meet the objectives of orderly and proper planning.

Should Council support the applicant’s request, Shire employees will liaise with the landowner over the preparation of suitable scheme amendment documents. Once these documents are available, advertising of the amendment in accordance with the requirements of the Planning and Development Act 2005 will occur.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015 and Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

The proposed Scheme amendment addresses a number of Strategies outlined in the Shire of Manjimup Strategic Community Plan 2019-2029 by:

· providing development opportunities and supporting local small businesses to thrive;

· meeting the changing needs of community and industry; and

· ensure the regulatory environment is easy to navigate and development, business and industry-friendly.

Amending the zoning of the subject land as proposed is consistent with the following Community Goals and Strategies relating to “Our Prosperity” as identified in the Shire of Manjimup Strategic Community Plan 2019-2029:

Community Goals

2.1 New people and new businesses are attracted to the region;

2.4 Industry and development is not hindered by excessive or complex compliance regulations.

Strategies

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

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

Organisational risk management:

There is a risk that if the proposed Scheme Amendment is not supported that the land will remain under developed for the foreseeable future.

Financial Implications:

Should Council resolve to proceed with a Scheme Amendment as requested, all costs are to be borne by the proponent.

Sustainability:

Environmental: Matters of environmental protection will be addressed through the proposed structure plan and future subdivision. The proposed Scheme amendment will be referred to the Environmental Protection Authority for review prior to public consultation should Council resolve to initiate.

Economic: The development has the potential to generate economic activity and provide additional tourist related activities to the Pemberton area as well as create residential land ready for development.

Social: The amendment will facilitate future development opportunities on the property as well as provide future land to increase the range of tourist accommodation options and the residential population of Pemberton.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

a) Pursuant to Section 75 of the Planning and Development Act 2005, amend Local Planning Scheme No 4 to:

a. Rezone a 9.5206 hectare portion of Lot 7489 (107) on Deposited Plan 225888, Burma Road, Pemberton 6260 (Certificate of Title 1105/724) from ‘Future Development’ to ‘Tourist Enterprise’.

b. Delete the ‘Structure Plan Area: SCA9/11' over the western portion of Lot 7489 (107) on Deposited Plan 225888, Burma Road, Pemberton 6260 (Certificate of Title 1105/724).

c. Rezone portion of Lot 248 on Deposited Plan 217707, Forestry Glen, Pemberton 6260 (Certificate of Title LR3145/544) from ‘Public Purposes: Government Requirements’ to ‘Local Roads’.

d. Rezone portion of Lot 7488 on Deposited Plan 225888 Forestry Glen, Pemberton 6260 (Certificate of Title LR3015/389) from ‘State Forest and Other Forest Reserves’ to ‘Local Roads’.

e. Amend Division B of Schedule 11 of the Scheme Text as per Attachment: 9.5.3(2).

b) Classify the Scheme amendment, referred to in point a), above as a Complex Scheme Amendment in accordance with Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations (2015), as the amendment is not consistent with the local planning strategy and will have an impact that is signification relative to development in the locality;

c) Following the receipt of four copies of the amendment documentation, prepared to the satisfaction of the Chief Executive Officer and payment of the required scheme amendment fee the amendment be referred to the Western Australian Planning Commission for consent to advertise the amendment for a period of not less than 42 days in accordance with Regulation 37 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the amendment be referred to the Environmental Protection Authority for environmental impact assessment in accordance with Section 81 of the Planning and Development Act 2005;

d) Subject to the Environmental Protection Authority determining that the scheme amendment will not be the subject of a formal Environmental Impact Assessment and the Western Australian Planning Commission grants consent to advertise, advertise the amendment period of not less than 42 days in accordance with Regulation 38 of the Planning and Development (Local Planning Schemes) Regulations 2015;

e) Await a further officer report on the amendment following the close of advertising referred to in point d) above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28215

That Council:

a) Pursuant to Section 75 of the Planning and Development Act 2005, amend Local Planning Scheme No 4 to:

a. Rezone a 9.5206 hectare portion of Lot 7489 (107) on Deposited Plan 225888, Burma Road, Pemberton 6260 (Certificate of Title 1105/724) from ‘Future Development’ to ‘Tourist Enterprise’.

b. Delete the ‘Structure Plan Area: SCA9/11' over the western portion of Lot 7489 (107) on Deposited Plan 225888, Burma Road, Pemberton 6260 (Certificate of Title 1105/724).

c. Rezone portion of Lot 248 on Deposited Plan 217707, Forestry Glen, Pemberton 6260 (Certificate of Title LR3145/544) from ‘Public Purposes: Government Requirements’ to ‘Local Roads’.

d. Rezone portion of Lot 7488 on Deposited Plan 225888 Forestry Glen, Pemberton 6260 (Certificate of Title LR3015/389) from ‘State Forest and Other Forest Reserves’ to ‘Local Roads’.

e. Amend Division B of Schedule 11 of the Scheme Text as per Attachment: 9.5.3(2).

e) Await a further officer report on the amendment following the close of advertising referred to in point d) above.

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.5.5 Proposed Additions to Holiday Cottage at Site 34 Mitchell Way, Windy Harbour

PROPONENT	Ms P M Plante
OWNER	Ms P M Plante
LOCATION / ADDRESS:	Site 34 Mitchell Way Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No. 5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/84 P53566
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	13 July 2020
DECLARATION OF INTEREST:	The applicant is a casual employee of the Shire but has had no involvement in the assessment of the application.

Background:

The subject property is a 285m² leasehold property located within Precinct 2 of the Windy Harbour Settlement. The site currently contains a 130m² Holiday Cottage constructed prior to 1987, with some vegetation towards the rear boundary. A location plan is shown below.

LOCATION PLAN

The applicant is proposing to construct a 27.5m² patio over an existing deck, which is currently covered by a shade sail. If approved the patio will be constructed with jarrah posts and a metal roof. The structure will have a height of 3.2 metres to the top of posts and 4.2 metres to the top of the roof.

A copy of the proposed development plans are attached.

ATTACHMENT: 9.5.5(1)

Council is requested to consider the proposal, which involves a variation to the site coverage permitted under the Acceptable Development criteria prescribed within Local Planning Policy 6.1.16 - Windy Harbour Design Codes. Shire officers do not have the delegated authority to determine applications that must be assessed against the performance criteria of the Policy.

During assessment of the proposal, Shire Officers idenfied a number of improvements that are clearly located outside of the current lease area. Council is also requested to consider what action should be taken in respect of these improvements.

PUBLIC Consultation Undertaken:

The application was advertised to the adjacent affected leaseholders for a 21 day period. No comments were received.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the Windy Harbour Settlement within Special Use Zone No 5.

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

Zone Purpose and Objectives

The overall objective (Vision Statement) for the Windy Harbour Special Use Zone is to “Manage Windy Harbour as a district and regional coastal holiday and recreation destination, while recognising the limited servicing, strong community associations, cultural heritage and environmental context”.

In accordance with clause 6 of Special Use Zone No.5, all use and development within the Windy Harbour Settlement requires the prior planning consent of the Shire. Whilst the Scheme does not prescribe the applicable development standards, clause 8 of the Special Provisions requires that in determining any application at Windy Harbour, the local government must have regard to:

· The requirements of the Windy Harbour Management Plan;

· Associated Local Planning Policies; and

· The matters set out in clause 10.2 of the Scheme.

Local Planning Policy

To guide the development of Windy Harbour, Council adopted the current Local Planning Policy 6.1.16 - Windy Harbour Design Codes (the Policy) at its Ordinary Meeting held on 8 December 2016. The Policy sets out various requirements and restrictions applicable to all leases and precinct specific design guidelines and setbacks for proposed development.

The Acceptable Development criteria relating to Site Coverage states that for Precinct 2, no more than 50% of the site shall be covered by roofed structures. For the subject property a maximum of 142.5m² is acceptable. With the proposed patio, the applicant is seeking approval to increase the total site coverage of the property to 159m², being 56% of the property. Given that the application does not comply with the Acceptable Development Criteria, it must be assessed against the Performance Criteria, being:

“Sufficient open space around buildings to complement the small-scale character of the holiday cottages and to promote permeability of the settlement.”

Assessment against the performance criteria was undertaken and it is considered that sufficient open space will remain around the building will be available if the application is approved given that the proposed structure will be open sided.

Matters to be Considered

In considering an application for planning approval, clause 10.2 of the Deemed to Apply provisions, applicable under the Planning and Development (Local Planning Scheme) Regulations 2015 requires that the local government have regard to various matters, including but not limited to:

(a) The aims and provisions of the Scheme;

(g) Any local planning policy for the Scheme area;

(m) The compatibility of a use or development with its setting including the potential impact on the use and enjoyment of adjacent or nearby land; and

(n) The amenity of the locality including environmental impacts, character and social impacts;

Reserve Encroachments

As shown on the location plan (aerial photograph), it appears that an area of approximately 140m² west of the subject lease has been developed for use of the leaseholder. It is understood that partial clearing of the area was undertaken historically to improve access to the rear of the subject lease and lease 35 to the north.

An inspection of the subject property confirmed that numerous improvements have been located on land to the west of the holiday cottage in an area clearly located outside of the applicable lease. These improvements include an upturned old water tank being used to store wood, a brick fire pit, a strung-up clothesline and other stored materials. Photographs of the improvements/storage are shown attached.

ATTACHMENT: 9.5.5(2)

The leaseholder has not obtained approval to use this land and is not paying any additional lease fees to use the land. Given this, it is recommended that the applicant be given 30 days to remove all improvements located outside of the approved lease area.

As an alternative, Council could consider amending the current lease area to annexure the additional land into the lease, it should however be noted that this would result in an increase in the applicable lease fees, which may or may not be palatable to the lease holder.

It should be noted that area currently being utilised is located such that it is not required for community use and its inclusion within an expanded lease will not prejudice future development in the area.

Conclusion

In order to approve the application as submitted, the application must be considered against the Performance Criteria set out in Local Planning Policy 6.1.16 – Windy Harbour Design Codes. As the proposal would effectively represent only a 6% variation to the Acceptable Development criteria, the application is supported.

With respect to the improvements and storage occurring outside of the approved lease area, it is recommended that the leaseholder be instructed to remove these within 30 days, or alternatively lodge a request for the current lease area to be expanded.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

Local Planning Policy LPP 6.1.16 Windy Harbour Design Codes as detailed above.

Organisational risk management:

Nil.

Financial Implications:

The required development application fees have been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with clause 5.5 and Part 10 of Local Planning Scheme No.4 approve the proposed Patio at Lease 34 Mitchell Way, Windy Harbour (Application TP2020/77) as shown at attachment 9.5.5(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
Sheet 1 of 7	Site Plan	25 May 2020
Sheet 3 of 7	Elevations	25 May 2020

b) Construction materials use to construct the development hereby approved are to complement the existing Holiday Cottage to the satisfaction of the Shire of Manjimup.

c) Use of the Windy Harbour water main during construction of the approved development is prohibited by the Shire of Manjimup.

d) All stormwater and drainage run off is to be detained on the subject property at the developers cost to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

i) The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.

2. Instruct the applicant/leaseholder to remove all structures and/or stored materials from the land outside of the leasehold within 30 days of notification or alternatively seek approval to amend the lease boundary and include the additional land within Site 34 as part of a revised lease.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28216

That Council:

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

Reference	Document Title	Date Received
Sheet 1 of 7	Site Plan	25 May 2020
Sheet 3 of 7	Elevations	25 May 2020

b) Construction materials use to construct the development hereby approved are to complement the existing Holiday Cottage to the satisfaction of the Shire of Manjimup.

c) Use of the Windy Harbour water main during construction of the approved development is prohibited by the Shire of Manjimup.

d) All stormwater and drainage run off is to be detained on the subject property at the developers cost to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.5.6 Proposed Setback Variation for an Outbuilding on Site 268 Evans Loop, Windy Harbour

PROPONENT	Mr PG Whitton & Ms VJ Lawrence
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Site 268 Evans Loop, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/102; P50042
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	23 July 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for the construction of a proposed new outbuilding on Site 268 Evans Loop, Windy Harbour. A location plan is shown below.

Location Plan

The lease has an area of 757m² and is located within Precinct 4 of the Windy Harbour settlement. The site contains a holiday cottage and an existing outbuilding, which is to be demolished.

The application is proposing to remove the existing outbuilding and replace with a 3.6 metre by 3.6 metre (12.9m²) outbuilding with a setback distance of 2.5m from the rear boundary. The proposed new outbuilding will have:

· a wall height of 1.8m; and

· a roof ridge height of 2.1m.

If approved the structure will be constructed of galvanised tubing with custom orb zincalume walls. A copy of the development plan and elevations is attached.

ATTACHMENT: 9.5.6(1)

The application is being referred to Council for determination as Shire officers do not have delegated authority to determine applications, which require assessment against the Performance Criteria of Local Planning Policy 6.1.16 Windy Harbour Design Codes (the Policy).

PUBLIC Consultation Undertaken:

The application was advertised in accordance with the Policy to adjoining leaseholder for a 21 day period with submissions closing on 21 July 2020. No comments were received during this time.

COMMENT (Includes Options):

The provisions of the Scheme include the Windy Harbour Settlement within the Special Use Zone 5.

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

Zone Purpose and Objectives

· The requirements of the Windy Harbour Management Plan;

· Associated Local Planning Policies; and

· The matters set out in clause 10.2 of the Scheme.

Local Planning Policy

To guide the development of Windy Harbour Council has adopted the current Local Planning Policy 6.1.16 - Windy Harbour Design Codes (the Policy) at its Ordinary Meeting held on 8 December 2016. The Policy set outs various requirements and restrictions applicable to all leases and precinct specific design guidelines and setbacks for proposed development.

With respect to setbacks, in order to meet the acceptable development requirements, development must be setback in accordance with the Windy Harbour Design Codes. This requirement as stipulated under Precinct 4 states a nil side setback and a minimum of 3.0 metres rear setback to outbuildings is required. The application is proposing a 2.5 metre setback to the rear of the property and 2 metres from the western boundary. The rear setback is not compliant with the setback requirements.

Where applications do not comply with the Acceptable Development Criteria, the Policy requires the application be assessed against the Performance Criteria of the ‘Setbacks’ Design Element, which is as follows:

“Holiday Cottages and outbuildings setback from lease boundaries and other cottages so as to provide adequate fire separation, direct sun, ventilation, noise amelioration and to protect the character of Windy Harbour.”

Given the outbuilding is proposing a minor variation to the setback requirements and is setback sufficiently to achieve fire separation the proposal is supported.

Matters to be Considered

(a) The aims and provisions of the Scheme;

(g) any local planning policy for the Scheme area;

(m) The compatibility of a use or development with its setting including the potential impact on the use and enjoyment of adjacent or nearby land; and

(n) The amenity of the locality including environmental impacts, character and social impacts.

Conclusion

The application has been assessed against the Scheme and Policy setback requirements and the proposed outbuilding only requires a minor variation of the current Policy provisions, it is recommended that the application be conditionally approved.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The development has been assessed against Local Planning Policy 6.1.16 Windy Harbour Design Codes.

Organisational risk management:

Nil.

Financial Implications:

The required application fee has been paid.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grant development approval for a Setback Variation for an Outbuilding on Site 268 Evans Loop, Windy Harbour (TP88/2020) in accordance with the plans and specifications attached at 9.5.6(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
Page 1	Site Plan	11 June 2020
Page 2	Elevations	11 June 2020

b) The approved development is to complement the existing Holiday Cottage;

c) The approved outbuilding to be solely used for purposes incidental and ancillary to the enjoyment of the Holiday Cottage. Human habitation of the approved outbuilding is not permitted; and

d) All stormwater and drainage runoff is to be retained on the subject property at the developers cost to the satisfaction of the Shire of Manjimup.

Advice to applicant

ii) The leaseholder/builder to verify the location of all septic tanks and leach drains before commencing works; and

iii) The outbuilding is required to have a setback of 1.2 metres from the septic tanks and 1.8 metres from the leach drains or soak wells.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28217

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

Reference	Document Title	Date Received
Page 1	Site Plan	11 June 2020
Page 2	Elevations	11 June 2020

b) The approved development is to complement the existing Holiday Cottage;

c) The approved outbuilding to be solely used for purposes incidental and ancillary to the enjoyment of the Holiday Cottage. Human habitation of the approved outbuilding is not permitted; and

d) All stormwater and drainage runoff is to be retained on the subject property at the developers cost to the satisfaction of the Shire of Manjimup.

Advice to applicant

ii) The leaseholder/builder to verify the location of all septic tanks and leach drains before commencing works; and

iii) The outbuilding is required to have a setback of 1.2 metres from the septic tanks and 1.8 metres from the leach drains or soak wells.

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.5.7 Proposed Outbuilding and Additions to Holiday Cottage at Site 27 Mitchell Way, Windy Harbour

PROPONENT	Mr L & Mrs L F Dick
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Site 27 Mitchell Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P53080 DA19/170
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	28 July 2020
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a 317m² leasehold property located within Precinct 2 of the Windy Harbour Settlement. The site currently contains an 88m² Holiday Cottage, deck and 16m² shed. A location plan is shown below.

LOCATION PLAN

In November 2019 an application for extensions to the holiday cottage at the subject property was received. On assessment, the applicant was requested to confirm the site boundary and proposed setbacks. It was subsequently identified that the development as proposed could not be wholly contained within the lease.

The applicant has since prepared revised plans proposes an extension to the cottage to construct a built-in robe, a 19.8m² new covered deck and a 31.5m² new boat shed. A copy of the proposed development plans are attached.

ATTACHMENT: 9.5.7(1)

As part of the assessment of the application, it is was identified that there was an existing clothesline on the lease. Shire officers contacted the applicant with regards to removal of the clothesline, as these are not permitted in the Windy Harbour Settlement. The applicant has requested that the clothesline be allowed to remain on the lease and has advised and it advised that it is used by a number of leaseholders in the vicinity of the subject property.

Council is requested to determine the application as approval to the proposal will require a variation to the maximum floor area for outbuildings as prescribed by current the Local Planning Policy Shire applicable to Windy Harbour. Shire officers do not have the delegated authority to determine applications that require assessment against the performance criteria of the Policy.

Council is furthermore requested to determine if the clothesline may remain on the lease contrary to the policy.

PUBLIC Consultation Undertaken:

The original plans were advertised to adjoining leaseholders for a period of 21 days. There were no comments received. On a separate matter, the applicant has provided comments from surrounding leaseholders regarding a request for the clothesline to remain. A copy of the comments are attached.

ATTACHMENT: 9.5.7(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the Windy Harbour Settlement within Special Use Zone No 5.

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

Zone Purpose and Objectives

· The requirements of the Windy Harbour Management Plan;

· Associated Local Planning Policies; and

· The matters set out in clause 10.2 of the Scheme.

Local Planning Policy

To guide the development of Windy Harbour Council has adopted the current Local Planning Policy 6.1.16 - Windy Harbour Design Codes (the Policy) at its Ordinary Meeting held on 8 December 2016. The Policy sets out various requirements and restrictions applicable to all leases and precinct specific design guidelines and setbacks for proposed development.

The proposed Holiday Cottage extension and covered deck is compliant with the provisions of the Policy in terms of site coverage. However, the maximum floor of outbuildings that would comply with the Acceptable Development criteria is 45m². With an existing shed of 16m² and the proposed boat shed of 31m² would result in a total combined floor area of 47m², exceeding the maximum permitted area for outbuildings by 2m².

Where applications do not comply with the Acceptable Development Criteria, the Policy requires the application be assessed against the Performance Criteria, which in respect of Outbuildings is as follows:

“Outbuildings that do not detract from the streetscape or the character of Windy Harbour.”

Given that the proposal will result in a total floor area of less than 5% greater of the Acceptable Development criteria, the variation is considered minor.

Matters to be Considered

(a) The aims and provisions of the Scheme;

(g) any local planning policy for the Scheme area;

(m) The compatibility of a use or development with its setting including the potential impact on the use and enjoyment of adjacent or nearby land; and

(n) The amenity of the locality including environmental impacts, character and social impacts;

Request to Retain Clothesline

The open pedestrian access character and requirements relating to the Windy Harbour Settlement means that outdoor clothes drying will require some visual impact. Rotary hoists have historically not been permitted as they are not only visually obtrusive but may also cause injury to pedestrians, particularly when traversing at night.

The Policy does permit for retractable or fold-away lines attached to the wall of a cottage or outbuilding.

The applicant has advised that there has been a rotary clothesline on the subject property for a number of years and has supplied emails from the surrounding leaseholders supporting the retention, as the line is used by all neighbours.

Based on the plans for the proposed outbuilding it is likely that the existing clothesline will require relocation to function effectively and will also no longer be readily accessible to neighbouring sites. Should Council support the request it should be on the condition that the clothesline is to remain in its existing location. Should it require removal, then the applicant should be encouraged to install a fold-away line attached to the outbuilding.

Conclusion

Given the proposed development of the Holiday Cottage extension and covered deck is compliant, approval to the proposed outbuilding only requires a minor variation of the current Policy provisions. It is therefore recommended that the application be conditionally approved.

It is recommended that the request to retain the clothesline be refused.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Policy / Strategic Implications:

Local Planning Policy LPP 6.1.16 Windy Harbour Design Codes.

Organisational risk management:

Nil.

Financial Implications:

The required development fees have been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. In accordance with clause 5.5 and Part 10 of Local Planning Scheme No.4 approve the proposed Patio at Site 27 Mitchell Way, Windy Harbour (Application TP2019/170) as shown at attachment 9.5.7 (1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
Sheet 1 of 11	Site Plan	20 July 2020
Sheet 2 of 11	Building Area	20 July 2020
Sheet 1 of 3	House Elevation 1 of 2	20 July 2020
Sheet 4 of 11	House Elevation 2 of 2	20 July 2020
Sheet 6 of 11	Boat Shed Details West/South	20 July 2020
Sheet 7 of 11	Boat Shed Details East/North	20 July 2020

b) The approved Shed/Outbuilding is not to be used for Human Habitation or any other purpose than a domestic outbuilding, unless the further approval from the Shire of Manjimup is obtained.

c) The approved development is to complement the existing Holiday Cottage.

d) No building shall be constructed above or within 1.0m of the alignment of the Windy Harbour water main.

e) Use of the Windy Harbour water main during construction of the approved development is prohibited by the Shire of Manjimup.

f) All stormwater and drainage runoff is to be retained on the subject property at the developers cost to the satisfaction to the Shire of Manjimup.

g) All habitable buildings are to be constructed in accordance with the Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup.

ADVICE TO APPLICANT

i. The proponent is advised that this Development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.

ii. The applicant is advised that if the approved outbuilding is to be constructed within 6 metres of the dwelling on the property, the development will need to be constructed in accordance with the requirements of Australian Standard AS 3959 Construction of Buildings in Bushfire Prone Areas.

2. Refuse the request to keep the existing rotary style clothesline on Site 27 Mitchell Way, Windy Harbour for the following reasons:

a) rotary style clotheslines are not permitted in accordance with Local Planning Policy 6.1.16 Windy Harbour Design Codes;

b) rotary style clotheslines have the potential to cause injury to pedestrians traversing the properties at night; and

c) rotary style clotheslines have the potential to be visually obtrusive.

and encourage the applicant to install a fold-away line attached to the proposed Outbuilding.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28218

That Council

Reference	Document Title	Date Received
Sheet 1 of 11	Site Plan	20 July 2020
Sheet 2 of 11	Building Area	20 July 2020
Sheet 1 of 3	House Elevation 1 of 2	20 July 2020
Sheet 4 of 11	House Elevation 2 of 2	20 July 2020
Sheet 6 of 11	Boat Shed Details West/South	20 July 2020
Sheet 7 of 11	Boat Shed Details East/North	20 July 2020

b) The approved Shed/Outbuilding is not to be used for Human Habitation or any other purpose than a domestic outbuilding, unless the further approval from the Shire of Manjimup is obtained.

c) The approved development is to complement the existing Holiday Cottage.

d) No building shall be constructed above or within 1.0m of the alignment of the Windy Harbour water main.

e) Use of the Windy Harbour water main during construction of the approved development is prohibited by the Shire of Manjimup.

f) All stormwater and drainage runoff is to be retained on the subject property at the developers cost to the satisfaction to the Shire of Manjimup.

ADVICE TO APPLICANT

2. Refuse the request to keep the existing rotary style clothesline on Site 27 Mitchell Way, Windy Harbour for the following reasons:

a) rotary style clotheslines are not permitted in accordance with Local Planning Policy 6.1.16 Windy Harbour Design Codes;

b) rotary style clotheslines have the potential to cause injury to pedestrians traversing the properties at night; and

c) rotary style clotheslines have the potential to be visually obtrusive.

and encourage the applicant to install a fold-away line attached to the proposed Outbuilding.

ADOPTED BY EN BLOC RESOLUTION: 9/0

Councillor Omodei declared an Impartiality Interest in Item 9.1.1 as he is a member of the Pemberton Mill Hall Committee.

Councillor Winfield declared an Impartiality Interest in Item 9.1.1 parts 2512, 2718, 2720, Smith Bush Fire Brigade Shed construction contributions as he is a member of Smith Brook Bush Fire Brigade.

Councillor Dawson Vidovich declared an Impartiality Interest in Item 9.1.1 Reseal of Ralston/Yanmah/Donnelly Road as her mother lives on Yanmah Road.

ATTACHMENT

9.1.1 Adoption of 2020/21 Annual Budget

PROPONENT	Chief Executive Officer
OWNER	N/A
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	Whole Shire
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160187
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell; Greg Lockwood
DATE OF REPORT:	30 July 2020
DECLARATION OF INTEREST:	Authors are employees of the Shire of Manjimup and own property in the Shire of Manjimup.

Background:

The 2020/21 Annual Budget Document is tabled for Council’s consideration and adoption.

DOCUMENT TABLED

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Council has provided significant input and review of the 2020/21 Annual Budget through the following processes:

· Shire of Manjimup Strategic Community Plan 2019-2029;

· Shire of Manjimup Corporate Business Plan 2020-2024;

· The 2020/21 Annual Budget has been influenced by COVID-19 implications; and

· A program of Council information briefing sessions between March and July 2020.

Contained in the front section of the 2020/21 Annual Budget is a “Budget Overview” providing a summary of the main components of the budget including graphical presentation of trends over recent years.

Rate Rise

It is proposed that the average general rate rise across the district is 0%. The Valuer General assessed Shire of Manjimup Unimproved Value (UV) properties as at 1 July 2019. This revaluation has seen an overall increase to the UV data base of approximately 2.7%. The Shire of Manjimup’s 2019/20 UV rate in the dollar has been adjusted down to reflect these value changes to give an average 0% rates change across the UV data base in 2020/21.

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

Council Rating Policy

A special rate concession continues to be applied to Clubs and Sporting Groups so that only the licensed portion of their property is rated. The total amount of concessions proposed to be granted is $49,256.06. A rates exemption is proposed to be applied to disclaimed titles within the Warren River Resort, this exemption is only temporary until land tenure is finalised with the State Government. Including the Warren River Resort, rate waivers total $29,924.43 in 2020/21. Details of which are contained within the attachment.

ATTACHMENT: 9.1.1(1)

Fees & Charges

Fee & Charges are proposed to have a 0% increase for the 2020/21 financial year. The 0% increase excludes statutory based fees determined by external State departments, however at this point there have been no increases to those Fees & Charges.

Reserves

The 2020/21 Annual Budget does not propose to create any new reserves or change the purpose of any of the current reserve accounts.

Loan Funds

The 2020/21 Annual Budget proposes three loans. They are:

· $700,000 to fund development works at the Pemberton Colocation;

· $1,500,000 for Stage 1 – Recreation/Community Facilities Upgrades; and

· $5,500,000 for Stage 2 - Recreation/Community Facilities Upgrades.

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

STATUTORY ENVIRONMENT:

Adoption of the budget

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

Granting of a discount for early payment

Section 6.46 of the Local Government Act 1995 “Discounts” is applicable. As with previous years, it is proposed that for the 2020/21 budget, no early payment discounts apply.

Granting of rate concessions

Section 6.47 of the Local Government Act 1995 “Concessions” prescribes circumstances where concessions and waivers can be applied. Concessions are proposed for “Clubs and Sporting Groups licensed premises concession” to a total of $49,256.06. Waivers are proposed to be applied to the previously endorsed “not for profit” groups as well as the inclusion of waivers for disclaimed titles at the Warren River Resort totalling $29,924.43.

Policy / Strategic Implications:

Various strategic initiatives identified in the Shire of Manjimup Strategic Community Plan 2019-2029 and underlying documents are included in the 2020/21 Annual Budget. These initiatives are outlined in the “Budget Overview”.

Organisational risk management:

Adoption of the 2020/21 Annual Budget reduces financial risk to the organisation by clearly articulating what the Shire of Manjimup’s priorities are for the coming 12 months and how rates money is to be expended in achieving those priorities.

Financial Implications:

The financial implications of the 2020/21 budget are summarised in the budget overview, with further details provided in the budget document.

Rate in the dollar

The proposed rates in the dollar to be applied are:

2020/21 Proposed

cents / $

2019/20 Actual cents / $

Difference

cents / $

GRV

9.34790

0.0000 increase

0.72643

0.74658

0.02015 decrease

Total rates to be raised

The 2020/21 Annual Budget seeks to raise the following rates:

Gross rates to be raised	$9,790,538
Less Concessions granted for clubs & sporting groups	($79,180)
Net Rates to be raised	$9,711,358
Add Interims anticipated to be raised resulting from subdivisions	$0
Total Rates to be raised 2020/21 Annual Budget	$9,711,358

After allowing for real growth in the rate base of $50,434 it represents an increase of 0% over last year.

Minimum rates will not increase as part of the 2020/21 and remain at $955 for both the UV and GRV rates category.

Sustainability:

Environmental: The proposed 2020/21 Annual Budget endeavours to financially support key environmental initiatives and components of the operations of the Shire of Manjimup.

Economic: Sound financial management and accountability is the fundamental component of economic sustainability. The proposed 2020/21 Annual Budget delivers a sustainable and responsible economic outcome on behalf of Council.

Social: Local Government is a foundation of local community governance in Australia and sound financial management is required to execute responsibilities to the social betterment of the district. Council has delivered a 0% rate rise to support the community through the current COVID-19 pandemic.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Adopt the 2020/21 Annual Budget as tabled and set the following rates, discounts, instalments and interest for the 2020/21 financial year:

a. General Rates

(i) Gross Rental Value 9.34790 cents in the dollar

(ii) Unimproved Value 0.72643 cents in the dollar

b. Minimum Rates

(i) Gross Rental Value $955

(ii) Unimproved Value $955

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

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

c. Discounts

That no rate discount be provided on 2020/21 rates.

d. Due Date and Instalments

The due date for payment of rates shall be 2 October 2020.

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

Interest 4.0%

Administration Charge - $8.60 for each instalment totalling $25.80

Further that the instalment due dates are as follows:

1st instalment - Due 2 October 2020

2nd instalment - Due 7 December 2020

3rd instalment - Due 8 February 2021

4th Instalment - Due 12 April 2021

e. Late Payment Interest

That a late payment interest charge of 8.0%* be applied to outstanding moneys to Council as follows:

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

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

*Pensioners and Seniors are exempt from penalty interest.

2. Provide in accordance with Section 6.47 of the Local Government Act 1995, rating concessions to rates levied on sporting and social clubs so as to effectively only rate the licensed area, in addition to rate waivers for premises previously approved by Council, as specified in Attachment : 9.1.1(1)

3. Adopt the following waste collection fees and charges for the 2020/21 financial year:

Rubbish Bin Collection Service

240Litre Bin Collection; per bin $390.00

240Litre Pensioner Bin Collection; per bin $288.00

140Litre Bin Collection; per bin $226.00

140Litre Pensioner Bin Collection; per bin $171.00

240Litre Recycling Bin Collection; per bin $105.00

240Litre Pensioner Recycling Bin Collection; per bin $76.00

360Litre Recycling Bin Collection; per bin $125.00

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Jenkins, D

28221

That Council:

PART A

Adopt the 2020/21 Annual Budget as tabled and set the following rates, discounts, instalments and interest for the 2020/21 financial year:

a. General Rates

(i) Gross Rental Value 9.34790 cents in the dollar

(ii) Unimproved Value 0.72643 cents in the dollar

b. Minimum Rates

(i) Gross Rental Value $955

(ii) Unimproved Value $955

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

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

c. Discounts

That no rate discount be provided on 2020/21 rates.

d. Due Date and Instalments

The due date for payment of rates shall be 2 October 2020.

Interest 4.0%

Administration Charge - $8.60 for each instalment totalling $25.80

Further that the instalment due dates are as follows:

1st instalment - Due 2 October 2020

2nd instalment - Due 7 December 2020

3rd instalment - Due 8 February 2021

4th Instalment - Due 12 April 2021

e. Late Payment Interest

That a late payment interest charge of 8.0%* be applied to outstanding moneys to Council as follows:

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

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

*Pensioners and Seniors are exempt from penalty interest.

3. Adopt the following waste collection fees and charges for the 2020/21 financial year:

Rubbish Bin Collection Service

240Litre Bin Collection; per bin $390.00

240Litre Pensioner Bin Collection; per bin $288.00

140Litre Bin Collection; per bin $226.00

140Litre Pensioner Bin Collection; per bin $171.00

240Litre Recycling Bin Collection; per bin $105.00

240Litre Pensioner Recycling Bin Collection; per bin $76.00

360Litre Recycling Bin Collection; per bin $125.00

with the exception of the following items:

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

· 2020/2021 Community Grants Program

· Trail Bike Hub expenditure;

· Warren Blackwood Stock Route expenditure;

· Occupational Health & Safety - Staff Vaccinations;

· AquaCentre General Operations

· AquaCentre Capital Item 2727 – Air conditioner Unit Upgrade;

· AquaCentre Capital Item 2735 – Cabling of PCs; and

· Capital Item 2698 – Resheet Jones Road.

CARRIED: 9/0

PART B Cr Eiby left the Chamber at 5.47pm

Council Resolution:

Moved: Darin, J Seconded: Ventris, M

28222

That Council adopt all capital and operational items relating to the Northcliffe Library and Northcliffe Visitor Centre building and the 2020/2021 Community Grants Program as contained in the tabled 2020/2021 Annual Budget.

CARRIED 8/0

Cr Eiby returned to the Chamber at 5.48pm.

PART C Cr Darin left the Chamber at 5.48pm.

Council Resolution:

Moved: Jenkins, D Seconded: Eiby, W

28223

That Council adopt the Trail Bike Hub, Warren Blackwood Stock Route, Occupational Health and Safety Staff Vaccinations as contained in the tabled 2020/2021 Annual Budget.

CARRIED: 8/0

Cr Darin returned to the Chamber at 5.49pm.

PART D Cr Jenkins left the Chamber at 5.49pm.

Council Resolution:

Moved: Darin, J Seconded: Ventris, M

28224

That Council adopt the AquaCentre General Operations budget, and capital expenditure for items 2727 – Air conditioner Unit Upgrade and item 2735 – Cabling PC’s and capital item 2698 – Resheet Jones Road as contained in the tabled 2020/2021 Annual Budget.

CARRIED 8/0

Cr Jenkins returned to the Chamber at 5.50pm.

ATTACHMENT

APPENDIX

9.3.1 Review of Policy 3.4.2 Windy Harbour Leases

PROPONENT	Shire of Manjimup
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Reserve 38881 Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F161011
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	20 July 2020
DECLARATION OF INTEREST:	Nil

Background:

Policy 3.4.2 Windy Harbour Leases was last reviewed in June 2014. The current policy and proposed revised policy are included in the appendix and attachment for Council’s consideration. The policy has also been renumbered from 3.4.2 Community Development Policies to 4.2.2 Administration Policies.

APPENDIX: 9.3.1(A)

ATTACHMENT: 9.3.1(1)

The purpose of this report is to outline the proposed changes in the revised policy, in particular delegation to the Chief Executive Officer to approve new leases and lease transfers and for a new annual lease agreement to be offered to existing annual leaseholders.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There are various changes proposed in the revised policy, with the significant changes outlined as follows.

Lease Transfers

To improve the efficiency of processing lease transfer requests, rather than seeking Council approval for each individual lease change, the revised policy proposes delegated authority to the Chief Executive Officer to approve new leases and lease transfers, subject to the criteria within the policy. These are circumstances where either the leaseholder/s remain the same for a new lease or the transaction is between third parties and therefore not considered a disposal by the Shire, including sales, family transfers and administration of deceased estates.

The revised policy outlines that additional conditions are to be considered on approvals under delegated authority when appropriate, including those relating to general condition assessments and outstanding works.

The proposed delegated authority does not extend to the release of any new leases; the designation of new lease sites and the disposal method would require the prior approval of Council. Any requests for lease boundary realignments would also need to be presented to Council.

Annual Leases

Windy Harbour leases were historically for a term of one year which upon expiration continues as a monthly tenancy, although Council renews them on an annual basis. The 20 year lease agreements were introduced in 2001. The Windy Harbour Leases policy has allowed current annual leaseholders the option of applying for a 20 year lease or continuing with their annual lease until the lease is transferred to a new leaseholder.

As noted in the report to Council for the meeting of 25 June 2020 to renew the existing 27 annual leases to 30 June 2021, it is proposed that the annual leases are revised to have the same conditions as the 20 year lease agreements in order to be fair and equitable. The conditions in the annual lease agreements are outdated and would not meet the requirements for consent of the Minister for Lands. With the 27 annual leases there are also inconsistencies as they commenced in either 1961, 1972, 1987 or 1996 onwards, with slightly different lease agreements.

Additional conditions that the existing annual leaseholders may be concerned about are:

· Permitted use of the lease being ‘holiday cottage including short term holiday accommodation for periods up to but not exceeding six months in any Rental Year’, whereas the annual lease documents refer to ‘residential purposes’.

In accordance with the Reserve purpose, Management Order conditions, Windy Harbour Management Plan and Local Planning Scheme No 4 the leases are restricted to holiday accommodation use, with the exception of the professional fisherman cottages. The specification of this being a maximum of six months within each year needs to be included in all lease agreements to be fair and equitable.

· Lessees are required to connect to reticulated electricity and water supplies at the lessee’s expense within 10 years of each supply being available.

It is not foreseen that connections will occur in the near future and 10 years from becoming available is a reasonable timeframe for the lessee to prepare for the financial expenses. As the leases are renewed on an annual basis and there is an expectation their tenure will continue there should not be a differentiation between leases in this regard.

· Lessees are required to have building insurance and public liability insurance.

The annual lease agreement does not outline insurance requirements and therefore it is unknown if these leaseholders have insurance in place. If the leaseholders do not already have this insurance in place it may be an additional annual expense for them. This is a standard lease requirement.

The 20 year lease agreement contains various other additional conditions and additional details, however these are standard conditions that should be included in all leases and are minor in effect.

The 20 year lease agreement outlines that the lessee has no option of renewal to extend the lease term, however at the expiration of the 20 year term the lessee shall have the first right of refusal to take up a new lease upon the terms and conditions offered by the lessor. It is proposed that for annual leases the agreement will include options to renew the lease for further one year terms by mutual consent between the lessor and lessee for an aggregate of 20 years, after which first right of refusal for a new lease would apply. The lessee would also acknowledge that the lessor has the right to refuse any application by the lessee to renew or extend the term of the lease, similar to the existing annual lease agreements.

The addition of a 20 year aggregate will be equitable to the 20 year lease agreements and ensure compliance with the management order condition that any lease term is not to exceed 21 years. As this is the only proposed difference between the new annual leases and the 20 year leases, the lessees will be encouraged to enter a 20 year lease in order to simplify the administration of leases. The lease agreements provide that the lessee may either terminate the lease by giving three months’ notice or request approval to sell or transfer the lease, with the policy allowing a full 20 year lease to the new lessee, therefore the lessees should not have any concern with entering a 20 year lease which should provide them with a greater sense of security. There are costs to the lessee in the Council adopted fees and charges for obtaining, surrendering or transferring a 20 year lease, which includes the cost of registration on the Crown land title. There are no fees adopted for a new annual lease or renewal of an annual lease.

The Shire as lessor may refuse to extend the current lease and to instead offer a new lease agreement. Revising the annual leases will ensure all leases contain the current legal land description, are compliant with the Management Order conditions for the Windy Harbour Reserve and contain standard lease conditions equivalent to the 205 leases that have taken up the 20 year option.

The revised policy allows for the 27 annual leaseholders to either sign the new annual lease agreement if they wish to remain on annual terms or to enter a 20 year lease. To simplify the administration of these leases it is also proposed that the Chief Executive Officer will then have delegated authority to renew annual leases for further one year terms beyond 30 June 2022.

Mortgages

At the meeting of 26 June 2008 (23885) Council resolved:

That Council delegate to the Chief Executive Officer authority to consent to mortgages over Windy Harbour leaseholds, subject to:

a) the mortgage term being less than the remaining term of the lease;

b) the charge for the mortgage being over the applicants lease only; and

c) the terms and conditions of the mortgage being reviewed and agreed to by the Chief Executive Officer.

This existing delegated authority has been included in the policy with one change, the mortgage term being less than the remaining term of the lease where possible or a maximum of 20 years. Most mortgagees will require a new 20 year lease to be granted, however on one occasion Council approved a request for a 20 year mortgage over a shorter remaining lease term and other similar enquiries have been received. This may occur when the lease is only a part of the security provided and loan reviews are scheduled. It removes the need to process a new lease when it is not required. Any implications of the mortgage not being discharged prior to the end of the lease would be at the lessee’s risk in the event of a request for a new lease or to sell the lease. A maximum of 20 years for a mortgage reflects the maximum lease term.

Buildings and General Condition Assessments

A general condition assessment is undertaken for each lease site every five years. The current policy outlines that a reasonable time to expect works to be completed is 90 days from the issue of a works order and an extension of a further 90 days may occur where there is evidence that a substantial portion of the required works have been completed. This has been adjusted to a maximum of 90 days to allow for discretion in issuing a works order, for example safety issues where it is reasonable to require a shorter timeframe.

The smoke alarm requirement has been adjusted to clarify this being either connected to an electricity supply or with a 10 year life battery that cannot be removed.

The original lease sites were resurveyed in 2007, however some survey pegs installed at that time can no longer be located. To clarify that the Shire will not locate or replace these, an additional item has been included in the revised policy. The Lessee is responsible for understanding the correct location of the lease site boundaries by reference to the survey plan and if necessary by engaging a surveyor at the Lessee’s expense. The Lessee’s land use, buildings and improvements are to be contained within those boundaries. There are some exceptions where improvements existing prior to the 2007 resurvey were permitted to encroach or remain outside the lease boundary, this will be taken into consideration on an individual basis when required.

STATUTORY ENVIRONMENT:

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

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

Lessee’s buildings are required to be kept in a condition that meets the requirements of the Building Act 2011 and the Health (Miscellaneous Provisions) Act 1911.

Policy / Strategic Implications:

Council Policy 1.2.8 Authority to Execute Documents of Behalf of Council states:

The delegation of authority to the Chief Executive Officer to execute documents allows for efficient administration and avoids the need to prepare Council reports on matters considered routine, minor or straightforward.

All matters concerning the disposal, purchase, assignment, boundary adjustment or leasing of land and any changes to the vesting purpose or vesting authority are to be put before Council for authorisation prior to execution. The reason for this practice is the view that long term or permanent change to public property should be a matter for Council consideration.

Authority is delegated to the Chief Executive Officer to execute documents on behalf of Council other than for matters concerning the disposal, purchase, assignment, boundary adjustment or leasing of land and any changes to the vesting purpose or vesting authority.

In accordance with the above policy Windy Harbour leases have always been referred to Council for approval. However, the Windy Harbour lease changes are considered routine, minor and straightforward. Either the leaseholder/s remain the same for a new lease or the transaction is between third parties and therefore not considered a disposal by the Shire. The proposed delegation of authority to the Chief Executive Officer to execute documents relating to Windy Harbour leases in policy 4.2.2 is additional to the general delegation in policy 1.2.8.

The general condition assessments every five years are in accordance with the Windy Harbour Management Plan 2007-2017:

10.3.10 Building Inspection Regime

Council is obligated to ensure that all buildings comply, as far as practicable, with the appropriate provisions of the Building Code of Australia and the Health Act especially those dealing with residential dwellings. For instance, the Building Code of Australia requires cooking, shower, toilet and laundry facilities. An inspection regime is currently in place, which is proposed to continue with regular inspections.

Plan Statement 19 – Building Inspection Regime

Council will continue to monitor the condition of buildings within the settlement to ensure initial and on-going compliance with the Building Code of Australia and the Health Act.

Organisational risk management:

The revised policy is consistent with previous Council approvals for Windy Harbour lease matters. Delegating authority to the Chief Executive Officer to approve lease transfers and other lease changes will improve the efficiency of lease administration processes.

Financial Implications:

Leaseholders are required to pay the fees and charges set by Council in the annual budget to offset the administration costs of preparing and lodging each lease, lease surrender or lease transfer.

There is no fee adopted for preparation of a new annual lease. Conversion of the annual leases to a new annual lease agreement will be an administration cost to the Shire. The applicable fee will apply when these leaseholders sell/transfer the lease or elect to enter a 20 year lease.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: On the basis of parity all Windy Harbour leases should be on the same conditions.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. adopt revised and renumbered policy 4.2.2 Windy Harbour Leases as contained in Attachment 9.3.1(1); and

2. grant the Chief Executive Officer delegated authority to:

a) approve new leases and lease transfers and execute lease documents in accordance with policy 4.2.2 Windy Harbour Leases, Policy Measures – Leases 4 (a) – (j); and

b) consent to mortgages in accordance with policy 4.2.2 Windy Harbour Leases, Policy Measures – Mortgages 1 – 5.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28225

That Council:

1. adopt revised and renumbered policy 4.2.2 Windy Harbour Leases as contained in Attachment 9.3.1(1); and

2. grant the Chief Executive Officer delegated authority to:

a) approve new leases and lease transfers and execute lease documents in accordance with policy 4.2.2 Windy Harbour Leases, Policy Measures – Leases 4 (a) – (j); and

b) consent to mortgages in accordance with policy 4.2.2 Windy Harbour Leases, Policy Measures – Mortgages 1 – 5.

CARRIED: 9/0

ATTACHMENT

9.3.3 Proposed Council Policy 4.1.4 Financial Hardship (Rate Relief)

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Finance & Administration
FILE REFERENCE:	F161011
LEGISLATION:	Local Government Act 1995
AUTHOR:	Yvonne Ganfield
DATE OF REPORT:	30 July 2020
DECLARATION OF INTEREST:	Nil

Council deferred this item at the 25 June 2020 meeting to be workshopped during the Council information briefing session on the 16 July 2020 and is now represented unchanged.

Background:

The COVID-19 pandemic has seen many rate payers fall into financial hardship due to loss of employment or business income. The purpose of this policy is to ensure that the Shire of Manjimup provides fair, equitable, consistent and dignified support to ratepayers suffering hardship, while treating all members of the community with respect and understanding. A copy of the draft policy is attached.

ATTACHMENT: 9.3.3(1)

The policy is intended to apply to all ratepayers experiencing Financial Hardship regardless of their status, be they a property owner, tenant, business owner etc, and is applicable to:

a) outstanding rates and charges as at the date of adoption of this Policy; and

b) rates and service charges levied for 2020/21 financial year and onwards.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Shire recognises that many ratepayers will or are already experiencing genuine financial hardship within the community. Whilst experiencing financial hardship a rates debt can accumulate and grow at a rapid rate through penalty interest or costs associated with collection. This policy seeks to support rate payers going through difficult financial times that are making an effort to acknowledge and deal with their financial hardship.

While evidence of hardship will be required, the Shire recognises that not all circumstances are alike, and will take a flexible approach to a range of individual circumstances outlined in the policy. Details within the policy set out key documentation and actions required to make a decision on financial hardship. This documentation will be reviewed in confidence by the Rate Officer with a recommendation to the Shire’s Chief Executive Officer for final decision.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Having a Hardship Policy in place allows the Shire of Manjimup to set Instalment and Penalty Interest rates at 4.5% and 8% respectively if Council so chose when adopting the 2020/2021 Annual Budget.

Organisational risk management:

The proposed policy sets out criteria for assessing financial hardship, this criteria reduces the risk to the organisation of granting relief to a ratepayer that is not in financial hardship.

Financial Implications:

It is difficult to determine the financial implications of this policy until it is been implemented, however it is envisaged that there will only be a minor reduction to the penalty interest income as only genuine ratepayers meet the criteria.

It is expected that the proposed hardship policy will have only a minor effect on Cash Flow, as typically without the policy, ratepayers would just stop paying when experiencing hardship, however to be eligible for the policy ratepayers will need to make a commitment of some form as a regular payment, albeit very minor in value.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Council is obliged to set good operational policy that enhances the community within which it operates. Regular review and refining of policies assists in the improvement of the delivery of organisation responsibilities.

The introduction of the Financial Hardship (Rate Relief) Policy will provide an opportunity to ratepayers under financial stress the option to apply, reducing the amassing of penalty interest on rates accounts and stress related to accumulating debt.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council adopt the proposed Council Policy 4.1.4 Financial Hardship (Rate Relief) as per Attachment: 9.3.3(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28226

That Council adopt the proposed Council Policy 4.1.4 Financial Hardship (Rate Relief) as per Attachment: 9.3.3(1).

CARRIED: 9/0

ATTACHMENT

9.5.2 Proposed Land Clearing at Lot 200 West Boundary Road, Manjimup

PROPONENT	Mr M G Giblett
OWNER	Mr P C Stavretis
LOCATION / ADDRESS:	Lot 200 West Boundary Road, Manjimup
WARD:	Central
ZONE:	Rural Small Holdings
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/98 P57970
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	20 July 2020
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a 20.30 hectare parcel of land containing a significant level of native vegetation, located on the eastern side of West Boundary Road, approximately midway between Graphite Road and Ipsen Street just west of the Manjimup town site. A location plan is shown below.

Location Plan

The subject site together with Lot 201 to the north and No. 60 Rutherford Street to the east, previously formed Lot 5 Rutherford Street, Manjimup. Subdivision of the land was approved in July 2014 and the new titles were created in early 2017.

The applicants are seeking planning approval to clear the majority of the existing vegetation on the subject site, as well as a proposed easement on No. 60 Rutherford, connecting Lot 200 to land managed by the applicant on Graphite Road (Newtons Brothers Orchard). A copy of the submitted application and a plan detailing the area to be cleared are shown attached.

ATTACHMENT: 9.5.2(1)

PUBLIC Consultation Undertaken:

Given the application relates to the clearing of native vegetation, the proposal was referred to the Department of Water and Environmental Regulation (DWER), the Department of Biodiversity Conservation and Attractions (DBCA) and other surrounding land owners were also invited to make comment.

A copy of the DWER and DBCA submissions are attached. Portion of the DBCA submission has been removed as it referred to matters of a confidential nature.

ATTACHMENT: 9.5.2(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No. 4 (the Scheme) include the subject land within the Rural Small Holdings zone. In determining applications f7or planning approval, Clause 10.2 of the Scheme requires that Council have regard to various matters, including but not limited to:

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

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

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

(xxvi) any relevant submissions received on the application; and

(xxvii) the comments or submissions received from any authority consulted

Further comment in respect of these considerations is provided below.

Zone Objectives

Clause 4.7 of the Scheme details the following objectives for the Rural Small Holdings zone:

i. encourage the opportunity for a range of rural and semi-rural pursuits on cleared land where part-time or full time income may be generated;

ii. allow the opportunity for subdivision where identified in an endorsed Local Planning Strategy where the existing land use, landscape and conservation values will not be compromised;

iii. to encourage rural smallholdings with a variety of lot sizes consistent with the physical, environmental and landscape characteristics of the land which are capable of, and suitable for sustaining appropriate development in the opinion of local government including the proponent suitably addressing environmental, natural resource management,

servicing, fire management and visual impact;

iv. facilitate the conservation of native vegetation; and

v. in appropriate circumstances, make use of innovative design and clustering of houses and other structures to minimise the impacts on adjacent land (including agriculture) and provide for on-going use of land for rural pursuits, whilst protecting landscape and environmental values and utilising services efficiently.

As detailed within the Background section of this agenda item, the subject land together with Lot 201 to the north and No. 60 Rutherford Street to the east, previously formed Lot 5 Rutherford Street, Manjimup. The subdivision, as now established, was supported on the basis of the vegetation being retained, consistent with the objectives for the Rural Smallholdings zone.

The applicant is now seeking to have one of the resultant lots cleared of all vegetation. Wholesale clearing of the land as proposed is contrary to objective (iv) above.

Having regard to the need to retain vegetation for a distance of 50 metres west of the creekline, this would leave very little land between the creekline and West Boundary Road that could be cleared. This would in the author of this reports opinion not be a viable area to use for agricultural production. For this reason, as a minimum, vegetation should be retained between the creekline and West Boundary Road.

Zone Provisions – Clearing

In accordance with clause 5.7.1 of the Scheme, the clearing of land within the Rural Smallholdings Zone shall not be undertaken without the prior planning approval of the local government. There is however a general presumption against the clearing of land within the zone as the objective for this and other identified zones is the retention of vegetation due to its conservation and landscape values.

Clause 5.7.1 furthermore requires that in considering any such application, the local government must take into account proposals including arrangements for entering into covenants with the local government for the retention and protection of other remnant vegetation.

DWER Submission

As outlined above, the proposal was referred to the Department of Water and Environmental Regulation for comment. As reflected within the comments received (refer Attachment: 9.5.2(2)), DWER have advised that:

1. Water resources within the catchment have been identified as fully allocated. The Proposed agricultural activity should therefore not be supported prior to the applicant demonstrating there is a secure supply of water to support the resultant activity;

2. A permit to clear native vegetation is required; and

3. Agricultural activities are required to meet the minimum 50 metre buffer requirement to the waterway, being measured from the line of permanent vegetation (Riparian Vegetation). DWER also recommend that the applicant demonstrate that nutrient/pesticide risk to the Public Drinking Water Source Area (PDWSA) can be mitigated through management plans.

Prior to establishing agricultural activities within the Rural Small Holdings zone, the provisions of the Scheme require that the Shires prior planning approval is obtained as such uses may only be approved at the discretion of the local government. The application as submitted is for the land clearing component and no details have been provided for the establishment of the future agricultural use.

Having regard to the DWER advice, Shire officers recommend that the application is not supported until such time as:

a) The submitted plans are revised to provide for retention of a minimum of 50m either side of the existing waterway as this area is unlikely to be approved for agricultural use as advised by DWER;

b) A permit to clear the vegetation has been received from DWER; and

c) The applicant has demonstrated secure arrangements for the volume of water to support the future intended agricultural practices.

The applicant has indicated a proposed easement on the adjacent land, which is assumed to be in relation to the reticulation of water from another property. However as indicated within the DWER submission, the transfer of water from one property to another requires prior approval from DWER. To approve the clearing of land as proposed when it has not yet been determined if the intended use can be accommodated may result in the land being cleared un-necessarily.

It is furthermore recommended that the proponent be advised that agricultural practises on land zoned Rural Small Holdings are not exempt from the requirement for planning approval.

DBCA Submission

As neighbouring land owner/manager the application was referred to the Department of Biodiversity Conservation and Attractions for comment. DBCA advised that the area proposed for clearing may contain habitat for threatened fauna. Threatened species such as the western ring-tail possum (critically endangered), Baudin’s (endangered) and forest red-tail cockatoo’s (vulnerable) are known to occur on the adjacent Faunadale Nature Reserve and are therefore are likely to occur on the subject property.

DBCA further advised that pending assessment to determine the potential conservation benefit of the property, it was unable to support the application.

Given the likely presence of threatened species, a flora and fauna survey would provide a more accurate depiction on the level of protection needed in addition to the protection of the creekline water quality. Should the outcome of the Flora and Fauna survey identify the presence of threatened species, it would be recommended that the land zoning be amended within the drafting of Local Planning Scheme No. 5 from Rural Smallholdings to Rural Conservation.

Amenity

With respect to the amenity of the area, it is noted that land holdings to the south are cleared of vegetation, with substantial land holdings to the south-east and south-west being developed for horticultural purposes.

Precedent for Clearing within Zone

At its Ordinary Meeting held on 14 November 2019, Council resolved to grant conditional approval to the clearing of the majority of the vegetation on the adjacent Lot 201, requiring the retention of only 20m of vegetation either side of the creekline. The purpose of the clearing was stated as being for cropping/livestock.

It should be noted that as this application varies from the previous proposal significantly as it indicates that the resultant use would be for an orchard. To establish an orchard a secure water source is required and it is recommended that the application not be supported until such time as this has occurred. On this basis Shire Officers do not consider Council’s previous decision to approve the clearing of Lot 201 establishes a legal precedent.

It is also noted that advice has been received on the current application that there is potential that several threatened fauna species may be located on the land given the proximity of Faunadale Nature Reserve, where they are known to exist.

Conclusion

The applicants are proposing the wholesale clearing of the subject land to accommodate a future orchard, which will require the further approval of Council prior to commencement.

In accordance with the advice received from DWER and the DBCA, it is recommended that the application not be supported until such time as the applicants have demonstrated a secure water source. It is also recommended that the applicant be invited to amend the current application to retain vegetation with a strip extending 50 metres either side of an existing creekline, as measured from the line of permanent riparian vegetation.

It is recommended that if Council support the application, further research into the environmental values on the property is required to satisfactorily determine the extent of land clearing that would impact on the environment.

STATUTORY ENVIRONMENT:

Applications for planning approval are determined having regard to the provisions of Local Planning Scheme No 4 and the Planning and Development Act 2005.

Policy / Strategic Implications:

The Shire of Manjimup’s Strategic Community Plan 2019-2029 contains various recommendations that are relevant to the current application. With respect to the Natural Environment, the Plan contains the following Community Goals and Strategies:

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 valued through policy and regulation.

Strategies

A1. Support initiatives that protect and nature biodiversity and endemic species.

A6. Manage natural waterways and lakes to encourage water flow and catchments for self-sustaining purposes.

A8. Effectively use development and land policies to protect and rehabilitate the environment whilst balancing the needs of the community.

A10. Encourage all aspects of sustainable farming and agriculture.

Approval to the wholesale clearing of land as proposed without first requiring demonstration of a secure water source and examination of the potential impact on habitat for threatened species would be contrary to the above recommendations.

Organisational risk management:

In the absence of an assessment of the Fauna and associated habitat, the environmental impacts associated with clearing the land are unclear. In addition there is a risk that if the land were to be cleared prior to the applicant demonstrating a secure water source, there is a possibility that the landowner

Financial Implications:

The required application fee has been paid.

Sustainability:

Environmental: A Flora and Fauna Survey and Black Cockatoo Habitat Survey should be undertaken to the satisfaction of DWER prior to any clearing.

Economic: Approval to the application as recommended will see the majority of land available for agricultural production, provided that the above recommended surveys do not identified any environmental reason to retain the vegetation.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 defers the determination of the proposed clearing of Lot 200 West Boundary Road (TP87/2020) to allow for the:

a. Preparation and submission of a Flora and Fauna survey specifically identifying any presence of:

· Western ringtail possum; and

· Baudin’s and/or forest red tail cockatoo habitat.

b. Revision of the proposal to ensure the retention of a minimum of 50m of vegetation, as measured from the permanent line of vegetation associated with the existing creekline traversing the property;

c. Demonstration that a secure water source is available for the applicants proposal to use the cleared land for the stated purpose of an orchard; and

d. An application for a permit to clear native vegetation being lodged with and approved by the Department of Water and Environmental Regulation.

2. Advise the applicant that whilst demonstration of a secure water source is available to use the cleared land for the stated purpose of an orchard, it should be noted that in accordance with the provisions of Local Planning Scheme No 4 the further approval of the Shire is required for an orchard on the land. Such uses are discretionary and not ‘as of right’ within the Rural Small Holdings zone.

COUNCIL RESOLUTION:

Alternative Motion.

Moved: Jenkins, D Seconded: Ventris, M

That Council, in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No 4 grants approval to the proposed clearing of Lot 200 West Boundary Road (TP87/2020) in accordance with the submitted plans shown as Attachment: 9.5.2(1), subject to compliance with the following conditions:

1. No clearing of land being undertaken within 20 metres of the permanent line of vegetation on the creekline passing through the property;

Advice to Applicant:

i. The applicant is advised that prior to the commencement of clearing, a clearing permit must be obtained from the Department of Water and Environmental Regulation.

ii. Whilst the Shire has granted conditional approval to the clearing of the land, it should be noted that in accordance with the provisions of Local Planning Scheme No 4 the further approval of the Shire is required prior to establishment of an orchard on the land. Such uses are discretionary and not as of right within the Rural Small Holdings zone.

MOTION lost 3/6

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

SUBSTANTIVE MOTION

Moved: Eiby, W Seconded: Dawson Vidovich, S

28227

That Council:

1. In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 defers the determination of the proposed clearing of Lot 200 West Boundary Road (TP87/2020) to allow for the:

a. Preparation and submission of a Flora and Fauna survey specifically identifying any presence of:

· Western ringtail possum; and

· Baudin’s and/or forest red tail cockatoo habitat.

c. Demonstration that a secure water source is available for the applicants proposal to use the cleared land for the stated purpose of an orchard; and

d. An application for a permit to clear native vegetation being lodged with and approved by the Department of Water and Environmental Regulation.

MOTION carried 7/2

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

ATTACHMENT

APPENDIX

9.5.4 Proposed Landscaping Plan - Lots 1, 200, 201 and 801 Golf Links Road, Pemberton

PROPONENT	Edge Planning Consultants
OWNER	Greenland Pemberton Pty Ltd
LOCATION / ADDRESS:	Lot 1, 200, 201 and 801 Golf Links Road, Pemberton
WARD:	West
ZONE:	Special Use Zone No 7
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA 19/6
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	21 July 2020
DECLARATION OF INTEREST:	Nil.

Background:

Council is requested to consider proposed plans for a landscaped buffer associated with the subdivision of Lots 1, 200, 201 and 81 on the southern side of Golf Links Road as shown on the location plan below.

Location Plan

At its Ordinary Meeting held on 7 February 2019, Council resolved (Resolution 27727) to conditionally support a 33 lot subdivision, which included the creation of 27 1ha lots fronting Golf Links Road. A copy of the plan of subdivision as considered by Council is shown as shown at Appendix: 9.5.4(A)

APPENDIX: 9.5.4(A)

Subsequently in October 2019, the Western Australian Planning Commission (WAPC) granted conditional approval to the subdivision of the subject land subject to compliance with a total of 17 conditions. Condition No 16 of the approval requires the preparation of a landscaping plan as follows:

“16. A landscape plan being prepared, approved and implemented for the revegetation of the 80m wide vegetated buffer over lots 101 to 127 (inclusive) to the specifications of the local government. The vegetated buffer it to be maintained by the landowner/applicant for a period of two summers. (Local Government)”

A copy of the WAPC letter of conditional approval is shown attached.

ATTACHMENT: 9.5.4(1)

The applicant has now submitted a detailed landscaping plan as required by condition No 16 for acceptance. The details of the proposed plan and the officer response is detailed within the Comment section of this agenda item. Whilst a copy of the submitted details are shown at Attachment: 9.5.4(2), larger A3 versions of the submitted plans will be provided to elected members at the meeting.

ATTACHMENT: 9.5.4(2)

Council is requested to consider the proposed plan as neither the conditions of approval or provisions of Local Planning Scheme No 4 (the Scheme), provide Shire Officers with enough guidance on what is considered an acceptable landscaped buffer.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Scheme includes the subject land within the Special Use Zone. In accordance with Part 5.42 of the Scheme, “Land uses, subdivision and conditions of development and use will be in accordance with an endorsed Structure Plan including relevant document adopted by the local government and identified in Schedule 6 of the Scheme.”

As identified in Schedule 6, the Scheme includes the subject land within Special Use Zone No 7. In accordance with condition (b) of the special provisions applicable to Special Use Zone No 7, subdivision and development shall generally reflect the “Subdivision and Development Concept Plan’ adopted by local government on 22/11/2007 and the landscape, agricultural, effluent and drainage assessments included as part of the Amendment Report.”

Whilst the need for an appropriately vegetated buffer is not specifically identified within the special provisions, it is reflected on the approved Subdivision and Development Concept Plan (Concept Plan). Further background and the requirements detailed on the Concept Plan are detailed overleaf.

Town Planning Scheme Amendment No 115

The Concept Plan along with the associated assessments formed part of Amendment No 115 to the Shires now revoked Town Planning Scheme No 2. From examination of Shire records relating to the amendment, it appears that the primary issue of concern relating to the Amendment was the potential for the resultant subdivision and development to be in land use conflict with the agricultural use of land to the north of Golf Links Road.

In respect of this issue, Amendment No 115 included “A Report on the Residential/Rural Interface of a Proposed Residential Development on Lots 1, 200, 201 & Nelson Location 7256, Pemberton” by John Wise Consultancy. By way of summary, the report recommended, amongst other things that:

a) Memorials be placed on the titles to ensure prospective owners are aware of the potential impact of agricultural practices undertaken on the adjacent land;

b) A minimum landscaped buffer of 100 metres parallel to Golf Links Road consisting of both tall and under-storey species, with firebreaks either side; and

c) Establishing a minimum set-back for dwellings of 15 metres from the buffer.

The recommendations of the John Wise Consultancy report resulted in a number of conditions being identified on the approved Subdivision and Development Concept Plan as detailed below. The advice did not however qualify the content of the landscaped buffer other than its width and the use of both tall and under-storey species.

Subdivision and Development Concept Plan

The following requirements are reflected within point 1 of the Subdivision and Development notations on the approved Concept Plan:

· All houses are to be setback 170 metres from the agricultural land to the north of Golf Links Road of 170 metres measured from the north side of Golf Links Road reserve. With Golf Links Road being a 20 metre wide road reserve, this equates to a setback of 150 metres from the subject lands Golf Links Road Boundary;

· Within the buffer, there is a need for an 80 metre densely planted and continuous landscaping strip to the satisfaction of Council and a strategic firebreak of an appropriate width; and

· The minimum lot size of lots fronting Golf Links Road is 1 hectare. Additionally lots will be the subject of a Section 70A notification that clearly informs prospective purchasers and successors in title of the close proximity of agricultural operations in the locality.

As reflected above, the Concept Plan identifies that the 80 metre wide buffer is to be “densely planted”, but provides no further guidance on the matter in respect of species or density of planting.

Previous Subdivision Approval

The WAPC previously granted conditional approval to a similar subdivision application in 2012 whereby the 1ha lots would each have access to Golf Links Road. To facilitate access to Golf Links Road, a condition was imposed requiring the subdivider to construct suitable vehicle crossovers to Golf Links Road. The approval however lapsed without the conditions being met.

Proposed Landscape Buffer Detail

As outlined within Attachment: 9.5.4(2), the applicants are proposing to use a range of native trees, mid-range understorey, low scrub and ground covers to ensure a dense planting, achieving “forest-like conditions”. It is proposed that trees consisting of Karri, Marri, Yellow Tingle and WA Peppermint Trees will be planted at a rate of one tree per 100m², with an associated range of shrubs and ground covers as listed within the attachment.

Within each lot having an area of approximately 4,000m² of vegetated buffer, this will result in the following numbers of plants on each property:

Table 1 – Proposed Planting Details

Notwithstanding the above list, the submitted documentation contains the following statement:

“It is anticipated that not all species will be available nor should they be used on every lot, but the planting will provide the opportunity to get a dense cover with a range of plant species and structures to achieve the Shire’s requirements.”

In response to the proposed elements of the vegetation buffer, the following comments are offered by Shire Officers:

Identified Species

The Shires Sustainability Officer has examined the proposed list of plant species, and has identified that some more robust species may be appropriate and available. By selecting more robust species in the mid, low scrub and ground cover a dense effect can be achieved in less time, with less need to replant in the next year.

It is recommended that the proponent be supplied with the list of potential substitute species as identified in the table shown as Attachment: 9.5.4(3). As the responsibility is the applicants to ensure the suitability of plant species and their survival, it is recommended that the applicant is not required to modify their list of proposed species, but be made aware of the potential alternatives that may be more readily available.

ATTACHMENT: 9.5.4(3)

Buffer Area

The applicants have indicated within the submitted report that the typical area on each lot will be 50 metres by 80 metres (4,000m²).

As reflected on the approved plan of subdivision, lot frontages and therefore widths will vary within the subdivision. Whilst the majority of the lots will be provided with a 50 metre frontage, there are four lots to the east of Pemberton North Road that are proposed with a 48 metre frontage. Four properties toward the centre of the subdivision are proposed with a frontage greater than 60 metres and the most eastern lot will have a frontage of 72 metres.

Having regard to the need for 3 metre firebreaks abutting the side boundaries, one of which being the driveway, the actual width of each buffer area will be 42 metres for the 48 metre wide lots and 44 metres wide for those lots within a 50 metre frontage.

This will result in 3,520m² of buffer being established on each property that is 50 metres in width and 3,360m² for those lots with a 48 metre frontage.

Planting Density

As reflected in Attachment: 9.5.4(1), the applicants have indicated that one tree will be planted for every 100m² of the vegetated buffer.

Notwithstanding this, the Plant Selection details shown on page 4 of the submission and reflected at Table No 1, indicates that each area will contain 44 trees, 15 mid layer plants, 15 shrubs and 16 ground cover plants.

Although, the approved Subdivision and Development Concept Plan requires a “densely” planted vegetation buffer, there is no guidance with Shire records as to what density of planting would be sufficient to meet the requirements.

In order to maximise the effectiveness of the buffer in attenuating impacts associated with the rural activities to the north of Golf Links Road, it is recommended that Council require that each lot be planted with the minimum number of plants reflected within Table No 1. With 27 lots to be created a total of 1,188 trees will be planted, together with an associated understory comprising plans of varying sizes and heights.

Conclusion

The approved Subdivision Guide Plan and conditions of subdivision approval relating to the creation of 27 1ha lots on the south side of Golf Links Road require the establishment of a “densely planted” vegetated buffer to ameliorate the potential impacts associated with rural activities being undertaken to the north of Golf Links Road.

Neither the original Scheme Amendment, Subdivision Guide Plan or conditions of approval provide guidance on the density of planting or species required to form an effective vegetated buffer, other than specifying that it should contain both tall and understorey species.

In order to maximise the density of planting and the effectiveness of the buffer, it is recommended that Council require each buffer to be established with the numbers to comply with those outlined in Table No 1 as a minimum.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

The establishment of an effective buffer to address the potential impacts of adjacent rural properties is imperative to ensure land use conflict does not result. By ensuring an appropriate buffer is established, Council will be ensuring compliance with the following Community Goals and Strategies outlined by the Shire’s Strategic Community Plan 2019-2029:

Community Goal

2.2 Existing core industries, such as agriculture and timber are resilient, innovative and sustainable.

Strategies

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.

Organisational risk management:

Unless an appropriate, densely vegetated buffer is established there is a risk that activities undertaken on adjacent land will result in land use conflict with the future dwellings to be established within the subdivision.

Financial Implications:

Nil.

Sustainability:

Environmental: Establishment of a vegetated buffer using native species is supported due to the potential environmental benefits for local flora and fauna.

Economic: Establishment and maintenance of an appropriate buffer will minimise the potential for land use conflict, minimising the impact on adjacent rural activities.

Social: The establishment of an appropriately planted and maintained buffer as part of the subdivision works will ensure that the potential for land use conflict between future dwellings and the ongoing use of land to the north of Golf Links Road is minimised and the visual impacts associated with subsequent development as viewed from Golf Links Road are minimised.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council approve the proposed Landscape Plan as required by condition 18 of the Western Australian Planning Commissions letter of approval to the subdivision of Lot 1, 200, 201 and 801 Golf Links Road, Pemberton as shown at Attachment: 9.5.4(1), subject to the following conditions and advice:

a) The vegetated buffer within each lot is to be planted with a minimum of 44 trees and associated shrubs and ground cover in accordance with the following table:

b) The landscaping plan hereby approved being implemented to the satisfaction of the Shire of Manjimup prior to the clearance of the subdivision conditions;

c) Following completion of the landscaping/revegetation works hereby approved to the satisfaction of the Shire of Manjimup, the plantings shall be maintained by the landowner/applicant for a period of not less than two summer periods as required by the Western Australian Planning Commission letter of approval as shown at Attachment: 9.5.4(1); and

d) The landscaping/revegetation works shall be inspected by Shire Officers following the expiration of the first summer period after planting and plantings not successfully established within this period shall be replaced to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

i) The applicant is advised that the Shire of Manjimup’s Sustainability Officer has identified a range of alternative plant species that may be suitable for use and more readily available as shown at Attachment: 9.5.4(3). This list is provided for your consideration and assistance.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich Seconded: Eiby, W

28228

That Council approve the proposed Landscape Plan as required by condition 16 of the Western Australian Planning Commissions letter of approval to the subdivision of Lot 1, 200, 201 and 801 Golf Links Road, Pemberton as shown at Attachment: 9.5.4(1), subject to the following conditions and advice:

a) The vegetated buffer within each lot is to be planted with a minimum of 44 trees and associated shrubs and ground cover in accordance with the following table:

b) The landscaping plan hereby approved being implemented to the satisfaction of the Shire of Manjimup prior to the clearance of the subdivision conditions;

Advice to Applicant:

CARRIED: 9/0

ATTACHMENT

9.5.8 Request to Store Commercial Fishing Boat - Site No 15 Mitchell Way, Windy Harbour

PROPONENT	Mr R Tenardi
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Site No 15 Mitchell Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F200009, P52262
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	3 August 2020
DECLARATION OF INTEREST:	Nil

Background:

The applicant is the leaseholder of Site No 15 Mitchell Way, Windy Harbour being a which 307m² Holiday Cottage lease located on the south side of Mitchell Way, five properties west of Windy Harbour Road. The site is currently developed with a Holiday Cottage and large 5.6m wide by 9.5m deep Colorbond shed. A location plan is shown below.

Location Plan

An email has been received from the leaseholder advising that they have just purchased a commercial fishing boat and are seeking permission to periodically store the boat within the existing shed. A copy of the email received is shown attached.

ATTACHMENT: 9.5.8(1)

As the proposal would effectively involve the commercial use of the Holiday Cottage lease, Council is requested to determine the application.

As reflected Attachment: 9.5.8(1), the applicant has advised that:

a) The shed/property will only be used for storage of the boat on a part-time basis as they will be fishing in other locations as well;

b) Whilst in Windy Harbour, they will not be running generators or commercial freezers;

c) There will be no odours as they will not be completing any processing;

d) All fish will be taken to local processors in Margaret River, Albany and Perth.

The applicant furthermore states that the main reason for wanting to keep the boat in a secure location is “because of the vandalism which has been happening lately where professional fishing is concerned at Windy Harbour”.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Special Use Zone No 5. In terms of the use of leases within the settlement, Special Provisions of that zone state as follows:

1. Unless as otherwise provided for, the use and development of the site is to confirm with the endorsed Windy Harbour Management Plan (WHMP) which shall be regarded as an adopted Structure Plan for the purpose of the Scheme and shall be read in conjunction with the Scheme.

6. All use and development shall require the approval of the local government.

7. The local government may prepare and adopt Local Planning Policies for Windy Harbour including guidelines for development standards, design and landscape guidelines. These policies shall be prepared and approved in accordance with Clause 2.2 of the Scheme. The Policies shall be read in conjunction with the WHMP;

8. In determining any application at Windy Harbour, the local government is to have regard to:

· The requirements of the WHMP;

· Any associated local planning policies;

· The matters set out in Clause 10.2 of the Scheme; and

9. The local government may approve other minor uses and development at the site provided that it is satisfied that those uses or development are:

· Ancillary and beneficial to the settlement; and

· Consistent with the above objectives.

To assist Council in determining this request, the following advice is offered:

Permitted Uses

The provisions of the Scheme’s Zoning and Development Table are usually used to determine acceptable land uses within a zone. However the Table defers to the provisions of the Schedule Six for properties included within the Special Use Zone. In accordance with the provisions of Schedule Six, the use following uses are identified as permitted within Windy Harbour:

· Holiday Cottages;

· Holiday Accommodation;

· Caretakers Dwelling;

· Activities conducted by professional fisherman in accordance with their lease provisions;

· Public Recreation;

· Public Utility; and

· Ancillary Uses (as determined by the local government).

Given that the activity relates to the activities of a professional fisherman, it may only be undertaken in accordance with their lease provisions.

The above said, it is open to Council to approve the incidental use of a holiday cottage for an Ancillary Use. As reflected above, Ancillary Uses may be approved within the zone, as determined by Council having regard to the provisions of the WHMP and relevant Local Planning Policies.

Holiday Accommodation

The provisions of the Scheme define Holiday Accommodation as “land and buildings providing facilities for tourist and travellers, including chalets, cabins, farm stay, bed and breakfast, camping grounds, caravan parks and motels, none of which is occupied by the tenant for a period of more than three months in any one calendar year.”

By including of the reference to “travellers” within the above definition recognises the use of the listed forms of accommodation by persons other than tourists who may be away from the primary place of residence. Such people would normally include, workers needing to stay in the area or people travelling for other business purposes.

The applicant currently owns and uses their lease area as a Holiday Cottage. Details submitted with the application indicates that the applicant will be professionally fishing from several locations and their professional fishing boat will only be located in Windy Harbour “Part-Time”.

Windy Harbour Management Plan

The WHMP recognises the historic nature of commercial fishing at Windy Harbour and its relationship with the settlement. The Plan reflects the existing seven specific leases for accommodating commercial fisherman and identifies that other professional fisherman have day-based operations with no permanent land component.

The WHMP also recognises that the existing commercial fisherman leases are generally larger than the other leases within the settlement to minimise the potential for land use conflict due to the hours of operation of generators, vehicle and general storage.

In this case, the applicant has clearly stated that the activity will simply involve the storage of their commercial fishing boat. No storage of fish or the operation of generators is proposed.

To ensure the potential for odour impacts is further reduced, it is recommended that a condition be imposed requiring the boat to be cleaned following each fishing trip.

While the WHMP acknowledges that additional leases may be created in the event that there is any demand, the Plan appears to silent on the use of other leases other than the emphasis being on retention of Holiday Cottages as the primary purpose of the settlement.

Local Planning Policy

Local Planning Policy No 6.1.16 – Windy Harbour Design Codes sets out various requirements for development within the settlement. Whilst matters such as setbacks, the use of fencing and various other matters are addressed, the policy contains no provisions in respect of:

a) The use of a Holiday Cottage and/or associated outbuildings for commercial activities other than for holiday accommodation; or

b) The parking of commercial vehicles.

Parking of a Commercial Vehicle

An alternative way of viewing the request is to consider the parking/storage of a professional fishing boat as the parking of a Commercial Vehicle. In accordance with clause 5.16.2 of the Scheme, a “Commercial Vehicle means a vehicle exceeding an unladden tare weight of 3 tonnes or a length of 5 metres.”

Notwithstanding the above definition, the provisions of the Scheme only place limitations on the parking of a commercial vehicle within a Residential or Rural-Residential Zone, identifying that planning consent is not required where the vehicle is effectively screened from view.

It would therefore be open to Council to raise no objection to the parking of the boat as a commercial vehicle on the condition that the boat is wholly contained within the existing shed.

Lease Conditions

The current lease conditions stipulate that the use of the property is permitted for holiday accommodation only.

On a separate but related matter it is noted that the professional fisherman’s leases contain the following condition in relation to the storage of their fishing boats and equipment:

“4. The lessee shall not store boats, nets, pots, fishing equipment or other apparatus other than within the Demised Premises, unless otherwise authorised by the Lessor in writing. This does not preclude the normal launching and retrieval of boats and equipment on or near the Windy Harbour beach.”

As reflected within the above lease clause, Council as Lessor has the authority to grant approval in writing for professional fishermans boats or other equipment to be stored on land other than that contained within their lease.

Conclusion

As an existing leaseholder the applicant currently uses the lease for holiday accommodation purposes. Having just purchased a professional fishing boat, they are seeking permission to periodically store the boat within the existing shed on their lease.

Whilst as a general rule, professional fisherman activities (including storage) is limited to seven (7) existing Professional Fisherman leases. As reflected within the professional fishing leases, Council as Lessor may however grant approval in writing for storage to occur outside of those lease areas.

Given that the proposed activity will be limited to the storage of a boat only and the fact there will be no storage of fish or the need to operate a generator as a result, it is recommended that Council grant approval under the existing lease as an incidental use. This approval is recommended subject to an appropriate conditions relating to the housing of the boat in the existing shed, and limitations to ensure that the activities do not extend beyond storage of the boat concerned.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

Currently there are no Professional Fisherman leases available for the applicant to purchase. As the applicant is the holder of an existing Holiday Cottage lease and it is possible for the boat to be wholly contained within the existing outbuilding, it is recommended that conditional approval be granted.

Appropriate conditions are recommended to ensure that the activity is limited to storage of the boat only.

Organisational risk management:

Without appropriate conditions being imposed and enforced, there is potential for the activity to expand to include other activities that may detrimentally impact on the amenity and enjoyment of the adjacent leases.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Approval to the applicants request will ensure that the boat is stored in an appropriate and secure location during those periods that the applicant is operating out of Windy Harbour.

Social: The applicant has indicated within their submission that no cleaning, storage or processing of fish will be undertaken on the premises and that only the existing outbuilding will be used for storage of their boat. Appropriate conditions are required to ensure this remains the case.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Advise Mr Rod Tenardi that it approves of the storage of a Professional Fishing Boat within the existing outbuilding on Site No 25 Mitchell Way, Windy Harbour, subject to compliance with the following conditions:

a) The boat being wholly contained within the existing outbuilding when not in use to the satisfaction of the Shire of Manjimup;

b) The boat being cleaned after each use prior to being brought onto the lease;

c) All other activities associated with professional fishing including, but not limited to, the cleaning, storage and processing of fish not to be undertaken at the property at any time; and

d) This approval is valid for a period of 12 months only. The further approval of Council will be required for continuation of the storage hereby approved.

2. Advise Mr Rod Tenardi that it reserves the right to withdraw the permission granted in point No 1 above should any of the above conditions be contravened or in the event that a substantiated complaint be received demonstrating that the activity has detrimentally impacted on the amenity of the adjacent leases.

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Eiby, W

28229

That Council:

a) The boat being wholly contained within the existing outbuilding when not in use to the satisfaction of the Shire of Manjimup;

b) The boat being cleaned after each use prior to being brought onto the lease;

c) All other activities associated with professional fishing including, but not limited to, the cleaning, storage and processing of fish not to be undertaken at the property at any time; and

d) This approval is valid for a period of 12 months only. The further approval of Council will be required for continuation of the storage hereby approved.

MOTION carried 8/1

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

ATTACHMENT

9.7.1 Application to keep Five Cats - RSN 320 (Lot 9860) Riverway Road, Boorara Brook

PROPONENT	Leonie Gray
OWNER	Mr D W & Mrs L J Gray
LOCATION / ADDRESS:	RSN 320 Riverway Road, Boorara Brook
WARD:	Coastal
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161270, P56143
LEGISLATION:	Shire of Manjimup Health Local Laws 1998 and Cat Act 2011
AUTHOR:	Stephen Burch/Brian Robinson
DATE OF REPORT:	16 June 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application to keep five (5) cats at the above address, being a 39.3555ha property known as Riverway Chalets. The property is located on the southern side of Riverway Road, approximately 4.5km south east of the Northcliffe townsite. Copy of the submitted application is attached.

ATTACHMENT: 9.7.1(1)

After an investigation into rehoming of a cat in the Northcliffe area, Shire Officers attended the property on 1 May 2020 to assess the amount of cats and their living arrangements. Officers found that up to seventeen (17) cats were living at the property. All of the animals on the property were of a satisfactory health standard and well cared for.

At the time, the applicant stated to Officers that:

a) They were willing to surrender seven (7) of the seventeen (17) and asked Officers to help with the rehoming;

b) Two (2) of the cats were her sons, which have since been removed from the property; and

c) She would like to make the correct arrangements to become an authorised rehoming shelter and apply to have a cattery.

With the applicant not proceeding to surrender the seven cats as initially indicated, only the sons two cats had been removed, reducing the number of cats at the property to fifteen (15) cats. Subsequently, the following has occurred:

· The applicant was instructed that she would have to apply for an “Application To Keep More Than Two Cats” and advised that she could apply for no more than six cats;

· The applicant found homes for a further two (2) cats, reducing the number to thirteen (13);

· On the 21 May 2020 two (2) of the cats were surrendered to the Shire of Manjimup for rehoming, reducing the number to eleven (11);

· On the 29 May 2020 a further three (3) cats were surrendered to the Shire of Manjimup for rehoming;

· With a total of eight (8) cats remaining on the property the applicant stated to Officers she did not want to surrender any more than that for now contradicting what Shire Officers were told on the 1 May 2020; and

· A resident at the same property then moved from the address taking two (2) cats with them.

After further instructions were given to make application, the applicant lodged an application for six (6) cats. One of these cats a nineteen (19) year old Domestic Short Haired (DSH) breed has since passed away, resulting in approval now being sought for five (5) cats as follows:.

	Breed	Age	Microchip	Sterilised	Sex	Registration
1.	DLH	11	982 000 356 771 669	Yes	Female	107/2020
2.	DSH	12	Not Provided	Yes	Female	108/2020
3.	DSH	3	Not Provided	Yes	Female	109/2020
4.	DSH	3	Not Provided	Yes	Female	110/2020
5.	DSH	4	Not Provided	Yes	Male	111/2020

PUBLIC Consultation Undertaken:

Notification of the application was forwarded to four separate landowners of the abutting properties, allowing the direct neighbours to make comment on the application. No submissions were received in response to the notification.

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, a person shall not without an exemption in writing from the Council keep more than two (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 prescribed number in another local authority.

The submitted application is not consistent with the above criteria.

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.

Given that the application is not consistent with the circumstances identified as permitted within the Policy, approval may only be granted through a variation of the policy.

Justification of Ownership

The applicant has legal ownership over the five cats residing on the property. All cats are sterilised and microchipped as required by the provisions of the Cat Act 2011, although the applicant has not provided the microchip details.

The applicant has advised on their application that they are a “registered Not for Profit Animal Sanctuary. Animals are rescued, triaged, restored to health and have the ultimate goal to be released if native, or rehomed/adopted if exotic.” Notwithstanding this statement, the applicants have not applied for approval to have a cattery.

Wandering

In accordance with clause 70(3) of the Shire of Manjimup Health Local Laws 1998, Council shall not grant an exemption unless it is satisfied that the number of cats to be kept will not be a nuisance, injurious or dangerous to health. The primary way that cats can be deemed a nuisance is through wandering.

The applicant has stated that the cats spend most of their time wandering the 100 acre property during the day but are locked in the house or in an enclosure in the yard at night. This results in a potential for wandering to occur during the day and for the cats to prey on native wildlife

Should Council wish to approve the application, it is recommended that appropriate conditions be imposed to ensure that the approved cats are confined to an appropriate enclosure so as to prevent them from wandering or creating a nuisance and ensure that they are not a threat to local wildlife.

Conclusion

When initially approached over the keeping of seventeen (17) cats, the applicant indicated that they wished to obtain approval to be a cattery and become a licensed rehoming facility. However, no application has been received.

Given that the application does not comply with criteria identified within Council’s adopted Policy as being acceptable reasons for wanting more than two cats, it is recommended that the application be refused and the applicant be required to reduce the number of cats to two (2).

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.

Organisational risk management:

As the cats are all sterilised, there is no risk of the cats breeding. Should the application be approved there is a risk of the cats wandering or attacking wildlife, unless they are suitably confined. This could be achieved if relevant modifications to the purpose built enclosure are completed and the cats are confined by the applicant at all times.

Financial Implications:

Nil.

Sustainability:

Environmental: Domestic cats do have the potential to impact on the environment if not contained effectively.

Economic: Nil.

Social: Refusal of the application could have a detrimental impact on the applicant, who wishes to keep all five (5) cats. Approval of the application could result in impacts on neighbouring property owners if the cats are not appropriately confined to the property.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Refuse an exemption to Section 70(2) Shire of Manjimup Health Local Laws 1998 and refuse the application relating to the keeping of cats at 320 Riverway Road, Boorara Brook as shown Attachment: 9.7.1(1) for the following reasons:

a) The application received is not consistent with clause 70(1) of the Shire of Manjimup Health Local Laws 1998;

b) The application is not consistent with reasons that Council Policy 5.2.5 – Applications to Keep Additional Dogs or Cats; identifies as acceptable justification for the keeping of more than two (2) cats; and

c) The potential impact on native wildlife due to the cats that reside on the property being permitted to freely roam the property without supervision during the day.

2. Require that the number of cats kept at the property be reduced to two (2) within 30 days.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Darin, J

28230

That Council defer consideration of this matter to the Ordinary Meeting to be held on 24 September 2020 in order to provide the applicant further opportunity to consult with Shire Officers over the establishment of a registered sanctuary.

CARRIED: 9/0

ATTACHMENT

APPENDIX

9.15.1 Unconfirmed Minutes of the Airfield Management Committee Meeting held on 15 July 2020

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Dawn Road, Manjimup
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170380
LEGISLATION:	Local Government Act 1995
AUTHOR:	Debbie Whittle
DATE OF REPORT:	23 July 2020
DECLARATION OF INTEREST:	Nil

Public Pru

Background:

The purpose of this report is to accept the unconfirmed minutes of the Airfield Management Committee meeting held on 15 July 2020. A copy of the minutes is attached.

ATTACHMENT: 9.15.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The committee made only one recommendation requiring Council approval.

Committee Recommendation	Officer Recommendation
The Committee recommended that the Shire carry out the airport feasibility study based on staying at the current location for the foreseeable future.	Supported and dealt with administratively. Draft versions of the study will be presented to the Committee for their input prior to any public consultation process required.

The committee also considered the resignation of the Department of Biodiversity Conservation and Attractions (DBCA) representative Brad Barton, effective 11 May 2020. The current terms of reference are appended.

APPENDIX: 9.15.1(A)

DBCA have nominated Neil Bardot for the vacant DBCA Representative position. The proposed Airfield Management Committee’s Terms of Reference are attached.

ATTACHMENT: 9.15.1(2)

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

The airport services a large geographical area providing emergency access to firefighting and hospitals.

Organisational risk management:

Nil.

Financial Implications:

In accordance with Council’s adopted budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The Airport is critical infrastructure to the community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed Minutes of the Airfield Management Committee Meeting, held 15 July 2020, as shown in attachment 9.15.1(1);

2. Accept the resignation of Brad Barton and thank him for his participation on the Committee;

3. Appoint Neil Bardot as the Department of Biodiversity, Conservation and Attractions Representative; and

4. Amend the Terms of Reference for the Airfield Management Committee, as per attachment 9.15.1(2).

COUNCIL RESOLUTION:

Moved: Winfield, C Seconded: Eiby, W

28231

That Council:

1. Receive the unconfirmed Minutes of the Airfield Management Committee Meeting, held 15 July 2020, as shown in attachment 9.15.1(1);

2. Accept the resignation of Brad Barton and thank him for his participation on the Committee;

3. Appoint Neil Bardot as the Department of Biodiversity, Conservation and Attractions Representative; and

4. Amend the Terms of Reference for the Airfield Management Committee, as per attachment 9.15.1(2).

CARRIED: 9/0

106

ATTACHMENT

APPENDIX

9.16.1 Unconfirmed Minutes of the Bush Fire Advisory Committee Meeting held 22 July 2020

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170381
LEGISLATION:	Bush Fires Act 1954
AUTHOR:	Todd Ridley/Brian Robinson
DATE OF REPORT:	31 July 2020
DECLARATION OF INTEREST:	Nil

Background:

The purpose of the Bush Fire Advisory Committee is to represent Volunteer Bush Fire Brigades within the Shire and to make recommendations to Council on various matters relating to bushfire, including, but not limited to budgets, management of the bushfire organisations and implementation of Council’s Fire Protection Strategy.

A copy of the Terms of Reference, as endorsed by Council at its 23 January 2020 meeting is appended.

APPENDIX: 9.16.1(A)

At its latest meeting, held on 22 July 2020, the Bush Fire Advisory Committee (BFAC) passed a number of recommendations relating to the amalgamation of four Bush Fire Brigades, the 2020/2021 Firebreak and Fuel Hazard Reduction Notice, the proposed Fuel Hazard Reduction and Mitigation Plan 2020-2025 and the current Terms of Reference relating to the committee. A copy of the draft minutes is shown attached

ATTACHMENT: 9.16.1(1)

Council is requested to consider those motions passed by the Committee, as detailed in the comment section below.

PUBLIC Consultation Undertaken:

The proposed amalgamations of the subject brigades were advertised in the Manjimup Bridgetown Times for public comment in May 2020, allowing residents in all effected Brigade areas to comment by the 20 May 2020. No comments were received from members of the public.

All Brigades involved have met on several occasion over the past 12 months and each Brigade is in favour of the amalgamations.

COMMENT (Includes Options):

The Bush Fire Advisory Committee resolved to support six recommendations, five of which require a formal decision of Council. The resolutions passed at the meeting are reflected within Table 1 and detailed below.

Table 1

Bush Fire Advisory Committee Resolutions		Officers Comments
1.	That the confirmed Minutes of the General Meeting held Thursday 12 December 2019 be received as true and correct record.	The BFAC resolution is noted.
2.	That Council endorse the amalgamation of the Springfield and Pemberton West Bush Fire Brigades and name that brigade Springfield.	The BFAC resolution is supported. Refer to comment section below.
3.	That Council endorse the amalgamation of the Middlesex and Jardee Bush Fire Brigades and name that brigade Diamond.	The BFAC resolution is supported. Refer to comment section below.
4.	That Council accept the changes to the Bush Fire Advisory Committee Terms of Reference as stated.	1. As a result of a proxy vacancy in the South East Zone – Adrian Wayne was nominated to fill that position as stated in section 7.4 of the attached minutes. 2. The current Terms of Reference has the Deputy Chief Bush Fire Control Officer as a voting member, the position has been moved to a Proxy member for the Chief Bush Fire Control Officer. 3. The Middlesex and Jardee Bush Fire Brigades sit within two different reporting Zones. As a result of the proposed amalgamation, the new brigade “Diamond” will be represented by the Manjimup Central East Zone. As detailed in the comment section below, the BFAC resolutions in respect of the proposed amalgamations of the subject brigades are supported.
5.	That Council accepts the Firebreak and Fuel Hazard Reduction Notice 2020 -2021.	The BFAC resolution is supported. Refer to comment section below.
6.	That Council accepts the Fuel Hazard Reduction and Mitigation Plan 2020 – 2025.	The BFAC resolution is supported. Refer to comment section below.

Amalgamation of Springfield and Pemberton West Bush Fire Brigades

In 2019 the Springfield Bush Fire Brigade approached the Bush Fire Advisory Committee (BFAC) over the potential amalgamation of their brigade with Pemberton West Bush Fire Brigade. Pemberton West has been inactive for more than ten years and has been unable to supply a Fire Control Officer or a Brigade structure.

The Springfield Brigade has been performing as the primary responders for the Pemberton West Bush Fire Brigade area. It has also for many years supplied a Fire Control Officer for permit writing and on ground leadership in the event that a fire response is required in that area.

As documented within Table 1, BFAC has resolved to request that Council endorse the merge of the two brigades, with the amalgamated brigade to retain the name “Springfield”. Given the inactive nature of the Pemberton West Bush Fire Brigade, the proposed amalgamation is supported.

Amalgamation of Jardee and Middlesex Bush Fire Brigade

Middlesex and Jardee Bush Fire Brigades also approached the BFAC requesting that the committee start the process of amalgamating the two Brigades.

The Jardee Bushfire Brigade and has relied upon Middlesex for suppression activities. Whilst Middlesex has a strong membership and leadership group, Jardee has limited numbers to response to an incident within the Brigade area. Jardee has a long standing Fire Control Officer, however as stated above, a very small active Brigade membership.

As reflected within Table 1, BFAC has resolved to request Council approve of the merger between Jardee and Middlesex Bush Fire Brigades, with the new brigade to be known as Diamond Bush Fire Brigade.

Given the issues associated with the Jardee brigade having limited numbers of volunteers for many years, it is recommended that the amalgamation be supported.

Proposed Amendments to BFAC Terms of Reference

As outlined within Attachment: 9.16.1(1) and Table No 1, BFAC has resolved to seek Council approval to modify its current Terms of Reference to reflect the following:

i) As a result of a proxy vacancy in the South East Zone – Adrian Wayne was nominated to fill that position;

ii) Modification of the Terms of Reference to move the the Deputy Chief Bush Fire Control Officer to a Proxy member for the Chief Bush Fire Control Officer; and

iii) The newly amalgamated Diamond brigade (if approved by Council) will be represented by the Manjimup Central East Zone.

The first two modifications essentially finalise the filling of a vacancy and establishes a protocol whereby the Deputy Chief Bushfire Control Officer will only have the ability to vote on the committee when the Chief Bushfire Control Officer is absent.

As the amendments proposed are considered to be relatively minor in nature, modification of the Terms of Reference is supported. A revised draft copy of the Bush Fire Advisory Committee Terms of Reference 2019 2021 is attached for Council consideration.

ATTACHMENT: 9.16.1(2)

With reference to the amalgamation of Middlesex/Jardee Bush Fire Brigades, it is noted that they will be represented by the Manjimup Central East Zone, however this is purely administrative. As such matters are not reflected within the Terms of Reference, no modification of the Terms is required to reflect this.

Notwithstanding the minor nature of the amendments, adoption of the proposed changes requires an absolute majority decision of Council.

Firebreak and Fuel Hazard Reduction Notice 2020 -2021.

Each year the Shire of Manjimup approves the Firebreak and Fuel Hazard Reduction Notice (the Notice), which contains fire prevention requirements and regulated burning times for all landowners and occupiers within the Shire to be applied to the next fire season.

A copy of the proposed Firebreak and Fuel Hazard Reduction Notice 2020/2021 is attached. The draft notice as presented to Council has been prepared on the assumption that the proposed amalgamations referred to above will be supported.

ATTACHMENT: 9.16.1(3)

It is considered that the requirements of the notice adequately address fire prevention and mitigation issues across the Shire of Manjimup. The Bush Fire Advisory Committee and Shire Officers considers the needs of land owners, environmental issues, bush fire modelling, current State Government Legislation / Policy and the requirements for volunteer bush fire brigades and first responders when drafting the annual notice.

Consideration is also given to residents that wish to further protect their houses from the threat of bushfire and address Bushfire Attack Levels where located within bushfire prone areas.

As reflected within Attachment: 9.16.1(1) and Table 1, BFAC has resolved to recommend that the draft Notice be adopted.

Fuel Hazard Reduction and Mitigation Plan 2020 – 2025

The Shire of Manjimup has care and control of a large number of Crown Reserves throughout the Shire that are considered bush fire prone. Local Governments have a legal responsibility pursuant to Section 33 of the Bush Fires Act 1954 to manage the bush fire threat on Shire vested Reserves and reduce the risk of bushfires impacting on the community.

The Fuel Hazard Reduction and Mitigations Plan 2020 – 2025 is a forward works plan outlining bush fire mitigation strategies that will be undertaken on Shire of Manjimup bush land Reserves to reduce the threat of bushfires in these Reserves and on the community. The plan is a strategic plan developed to integrate with the Shire of Manjimup Bushfire Risk Management Plan 2019-2024 as adopted by Council at its Ordinary Meeting held on 22 August 2019.

In 2015 Council adopted the second version of the Fuel Hazard Reduction and Mitigation Plan 2015 – 2019. This strategic document now requires review and a draft plan for the period 2020 to 2025 is attached for Council consideration and endorsement.

ATTACHMENT: 9.16.1(4)

Mitigation techniques include prescribed burning, mulching / slashing of fuel loads and construction and maintenance of strategic firebreaks and access routes.

An in-depth plan showing forest fuel ages and proposed prescribed burn year for each Reserve will be maintained on the Shire of Manjimup’s geospatial information system (GIS) platform. Treatment areas are to be managed to a forest fuel load not in excess of 8 to 15 tonnes per hectare dependant on forest type. Each treatment area will be assessed 5 years after the last prescribed burn to ascertain if the fuel loads are within the perimeters. If that treatment areas fuel load is greater or predicted to meet the prescribed, that treatment area will be placed on the prescribed burn plan.

The plan shows mulched areas adjacent to built-up areas or assets, mulched areas will be maintained annually and will remove the forest fuels whilst leaving live standing trees and predominate vegetation so as to maintain a reasonable forest fuel load. This will reduce the risk of the flame zone impacting on assets and reduce the Bushfire Attack Levels on new private buildings.

The plan also identifies no burn areas within Reserves, these areas have sensitives such as riparian zones, rivers and or rehabilitated areas. Predominantly these areas don’t have a direct impact on an asset or built-up area.

STATUTORY ENVIRONMENT:

Local Governments are responsible for the formation, maintenance and administration of Bush Fire Brigades in accordance with the Bush Fires Act 1954. The Bush Fire Advisory Committee is established in accordance with Section 67 of the Bush Fires Act 1954 and provisions of the Local Government Act 1995.

Section 33 of the Bushfires Act 1954 provides that a Local Authority may publish a notice requiring bushfire mitigation measures be undertaken and maintained as specified and for the period necessary. Local Authorities may direct landowners or occupiers of land by notice to prepare such mitigation measures within the time specified on the notice. Similarly, the cleaning up of any fire hazard may be ordered.

Each year the Shire of Manjimup publishes the Notice in the Manjimup Bridgetown Times and local community newsletters, copies are distributed to all landowners within the Shire of Manjimup and a copy is placed on the Shire website to meet the statutory requirements of the Bush Fires Act 1954.

In addition to the statutory requirements, Shire Officers hold and attend public meeting and forums across the Shire to educate landowners on the requirements of the Notice. Individual landowners are encouraged through media releases to contact staff for clarification on the notice if required.

Policy / Strategic Implications:

The brigade amalgamations as proposed reflect the desires of each of the Bush Fire Brigades involved and is consistent with the following Community Goals and Strategies as contained within 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

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

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

Adoption of the annual Firebreak and Fuel Hazard Reduction Notice and the Fuel Hazard Reduction and Mitigation Plan 2020 -2025 is consistent with the following recommendations of the Shire of Manjimup’s Strategic Community Plan 2019 – 2029:

Strategies

· Strategy A5 - Manage fuel hazards to minimise the risk of serious fire threat to ecosystems, human life and property; and

· Strategy C14 - Plan for emergency and natural disaster response, management, evacuation and recovery

Organisational risk management:

The proposed brigade amalgamations pose no risk to the organisation or the community. The newly amalgamated Brigades will operate pursuant to “Normal Brigade Activities” as stated in the Bush Fires Act 1954 and in accordance with the Shire of Manjimup Bush Fire Brigade Operational Procedures 2020 – 2025.

A review of the Firebreak and Fuel Hazard Reduction Notice is undertaken on an annual basis by Shire Officers in consultation with the Bush Fire Advisory Committee to ensure emerging risks associated with fire on private property are addressed during the coming fire season, minimising the risk to life and property.

Council has a legal requirement and community responsibility to manage bushfire fuel levels on vested lands. The endorsement of the Fuel Hazard Reduction and Mitigation Plan 2020 – 2025 will allow Council to achieve these responsibilities by reducing fuel levels, implementing setbacks and mitigating the risk of bushfire to the community.

Financial Implications:

The administration cost associated with maintaining Bush Fire Brigades should experience a minor decrease as the number of Brigades will reduce from twenty two (22) to twenty (20).

The draft 2020/2021 annual budget contains an allocation to cover the cost of producing and publishing the Annual Firebreak and Fuel Reduction Notice.

Costs associated with the implementation of the proposed Fuel Hazard Reduction and Mitigation Plan 2020 – 2025 will be met through the annual budget and the Bushfire Risk Management Plan 2019-2024 annual grant.

Sustainability:

Environmental: Fire has the potential to decimate the natural and built environment if preventative and operational bushfire strategies are not adequate. A well organised, structured and resourced Bush Fire Brigade will have the ability to respond to wild fire incidents in a timely manner, reducing the impact on the local environment and community.

Economic: The economic consequence of fire can be devastating. Ensuring community preparedness and responding to wild fires in a timely manner will reduce the economic cost associated with response, recovery and damage created by large wild fires.

Social: The social consequence of fire can also be devastating to individuals and the community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the minutes of the Bush Fire Advisory Committee meeting on the 22 July 2020 as contained in Attachment: 9.16.1(1);

2. Approve the amalgamation of the Springfield and Pemberton West Fire Brigades and retain the name Springfield for that brigade;

3. Approval the amalgamation of the Middlesex and Jardee Bush Fire Brigades with the name of the new brigade to be the Diamond Bush Fire Brigade;

4. That Council adopt the revised Terms of Reference for the Bush Fire Advisory Committee as shown at Attachment: 9.16.1(2);

5. Adopt the Firebreak and Fuel Hazard Reduction Notice 2020/2021 pursuant to Section 33 of the Bush Fires Act 1954 as shown in Attachment: 9.16.1(3); and

6. Adopt the Fuel Hazard Reduction and Mitigation Plan 2020 – 2025 as shown at Attachment: 9.16.1(4).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28232

That Council:

1. Receive the minutes of the Bush Fire Advisory Committee meeting on the 22 July 2020 as contained in Attachment: 9.16.1(1);

2. Approve the amalgamation of the Springfield and Pemberton West Fire Brigades and retain the name Springfield for that brigade;

3. Approval the amalgamation of the Middlesex and Jardee Bush Fire Brigades with the name of the new brigade to be the Diamond Bush Fire Brigade;

4. That Council adopt the revised Terms of Reference for the Bush Fire Advisory Committee as shown at Attachment: 9.16.1(2);

5. Adopt the Firebreak and Fuel Hazard Reduction Notice 2020/2021 pursuant to Section 33 of the Bush Fires Act 1954 as shown in Attachment: 9.16.1(3); and

6. Adopt the Fuel Hazard Reduction and Mitigation Plan 2020 – 2025 as shown at Attachment: 9.16.1(4).

CARRIED: 9/0

PROPONENT	Director Development & Regulation
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160966
LEGISLATION:	Various
AUTHOR:	Brian Robinson
DATE OF REPORT:	6 July 2020
DECLARATION OF INTEREST:	Nil

PROPONENT	Director Community Services
OWNER	Whole of Shire
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F160966
LEGISLATION:	Various
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	12 June 2020
DECLARATION OF INTEREST:	Nil