Minutes of Ordinary Council

· Presented at the Local Government Professionals Conference on the outcomes and observations in relation to my 16 months tenure at the Shire of Perenjori.

· Provided a report and recommendations to the Minister for Local Government, the Honourable David Templeman on the Perenjori Council.

· Met with West Australian Newspaper journalist Ben Harvey regarding his comments on Manjimup in “The West”.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr S Dawson Vidovich

Cr W Eiby

Cr D Jenkins

Cr K Lawrence

Cr J Darin

Cr K Skoss

Cr D Tapley

Cr R Taylor

Cr M Ventris

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Mr Jason Giadresco (Senior Governance Officer)

Gallery

Maegan Campbell

Media

Tari Jeffers

3.1 Apologies: Nil

3.2 Leave Of Absence: Nil

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received Impartiality Interest declarations from Councillor Taylor Councillor and Winfield for Item 9.1.4.

Councillor Taylor declared an Impartiality Interest in Item 9.1.4 as he is a member of Southern Forests Food Council Inc.

Councillor Winfield declared an Impartiality Interest in Item 9.1.4 as is a member of the Southern Forest Food Council and a member of the DPIRD Project Management Committee.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Tari Jeffers - Manjimup Bridgetown Times Senior Journalist.

· After 7 years and 2 months I am resigning my position with the newspaper and taking up a position as the Media and Corporate Communications Officer for the Shire of East Pilbara.

· This is my final Council meeting.

· It has been wonderful to be able to support, represent and write about the Shire’s activities over those years.

The Shire President responded: On behalf of Council I would like to express our gratitude for all that you’ve done as a journalist in this local community and the work you’ve done in the community with Apex and other community projects you’ve been involved with.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations:

6.2.1 - Councillor Wendy Eiby and Maegan Campbell attended the 2020 Local Government Policy Awards. Shire of Manjimup won the Action on Alcohol category, as the Shire has shown strong forward planning in addressing alcohol and young people.

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Dawson Vidovich, S Seconded: Eiby, W

28253

That the Minutes of the Ordinary Meeting of Council held on the 15 October 2020 be confirmed, subject to the following modifications in relation to Item 9.5.5 in order to accurately reflect the motion as passed by Council:

a) Inclusion of the words “on School Bus Days” after the words 4:30pm in point 1(b)(ii); and

b) Inclusion of the following additional advice to the applicant after point (ii):

(iii) The applicants are encouraged to resubmit an application for reconsideration of Council to extend the hours of operation.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 –72 of the Agenda with the exception of:

9.5.3	Retrospective Application for Approval to Gas Cylinder Storage and Ramp at Lot 14 (5) Guppy Street, Pemberton
9.15.1	Unconfirmed Minutes of the Northcliffe Forest Park Management Committee Meeting held 21 October 2020
9.16.1	Unconfirmed Minutes of the Road Infrastructure Advisory Committee Meeting, 15 October 2020
9.16.2	Unconfirmed Meeting Notes of the Northcliffe Town Centre Revitalisation Advisory Committee Meeting held on 13 October 2020

Items passed by En Bloc Resolution

9.1.1 Proposed Review of Council Policy 8.1.2 Use of Social Media

9.1.2 July to September 2020 Quarterly Report - Office of the CEO

9.1.3 Request to Provide Undertakings for Shire of Manjimup Cat Local Law 2020

9.1.4 Expression of Interest for Lease of Pt Lot 875 Reserve 43342 (Manjimup Railway Station Building) Manjimup

9.5.1 Proposed Industry - Extractive at Lot 7152 Camelarup Road, Perup

9.5.2 Proposed Five Lot Subdivision at Lot 2 (1) Stokes Street, Manjimup

9.5.4 Delegated Planning Decisions for September 2020

9.5.5 Quarterly Report - July to September 2020 - Development and Regulation Directorate

9.7.1 Proposed Shire of Manjimup Local Evacuation Plan 2020 - 2025

9.7.2 Proposed Shire of Manjimup Local Recovery Plan 2020 - 2025

9.7.3 Proposed Rescission of Policies relating to Ranger and Emergency Services Department Now Covered by Legislation or Other Means

9.13.1 Proposed Review of Council Policy 10.1.7 Cultivated Land Erosion Control

9.14.1 Proposed Review of Council Policy 10.2.2 Standard of Maintenance for Parks Assets Within the Shire

ATTACHMENT

APPENDIX

9.1.1 Proposed Review of Council Policy 8.1.2 Use of Social Media

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	All of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Business/Office of CEO
FILE REFERENCE:	F160048
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	21 October 2020
DECLARATION OF INTEREST:	Nil

Background:

Council policies are reviewed regularly to ensure consistency between the policies, Council decision making and to respond to community feedback. Generally this occurs after a period of four years, or where modifications are required to reflect legislative changes or industry practice.

The purpose of this report is to present to Council Information Technology Policy 8.1.2 Use of Social Media for review. A copy of the current policy is appended for Council’s reference.

APPENDIX: 9.1.1(A)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

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

The ongoing functionality and intent of this policy since its last review in 2014 is considered inadequate, and significant revisions have been made to ensure policy content captures the current social media environment. A copy of the Policy as modified is attached.

ATTACHMENT: 9.1.1(1)

Proposed changes made to the Policy are summarised as follows:

Policy Name and Number

The policy has been renamed, renumbered and reassigned to management by the Office of CEO (OCEO) given that a majority of social media activities are overseen and managed by OCEO, not the Business Directorate.

The current social media policy appended at 9.1.1(A) also shares the same policy number as the existing Information Technology Policy 8.1.2 ICT Systems Acceptable Use. To address the double up on the use of policy number 8.1.2, the reviewed policy as attached at 9.1.1(1) is renumbered to 2.1.5. The revised policy will also be given the title Social Media Use and Guidelines.

Policy Content Changes

Generally, the content of the current policy as appended at 9.1.1(A) shares many similarities with another adopted Council Policy, 8.1.2 ICT Systems Acceptable Use. Given this, the reviewed policy provides reference that Council Policy 8.1.2 ICT Systems Acceptable Use and the Shire’s Code of Conduct should be read alongside it and all similar content has been removed. This has allowed the reviewed policy to be reduced from 9 to 5 pages.

New Policy Measures

The reviewed policy simplifies and clarifies the difference between business and personal use of social media by employees, and sets the expectation of how social media should be used, and the permissions that are required to use Shire social media platforms.

Section 3 of the Policy Measures outlines the 4 possible actions that may be taken when responding to social media activity on Shire media portals. The flow charts on pages 4 and 5 of the Policy provide a visual process on how content will be managed by the Shire.

Sections 4 to 7 of the reviewed Policy establish the consequences for inappropriate use of Shire social media platforms and the potential consequences of doing so. These sections also clarify that vexatious behaviour on the part of employees using social media will not be accepted by the Shire organisation.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Policies should be periodically reviewed to ensure currency and effectiveness.

The Policy meets the following Community Goals in Council’s adopted Strategic Community Plan 2019 -2029:

· 5.1: All Elected Members and Shire employees uphold the values of professionalism, proactivity, reliability, integrity and courtesy; and

· 5.8: The Shire continuously improves organisational performance and service delivery.

The Policy meets the following Action Items in Council’s adopted Corporate Business Plan 2020 – 2024:

· E4: Develop policy established from well-researched and evidence-based data;

· E9: Identify and mitigate organisational risks; and

· E11: Embrace and increase the use of new technologies to better deliver services and communicate with the community.

Organisational risk management:

Implementation of effective policy aids in the mitigation of organisational risk.

Astute use of social media by the Shire can assist in managing risk around negative community and stakeholder perceptions of Shire programs, projects and activities by providing a forum for supplying correct and appropriate information.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Social media assists in supporting a robust community engagement culture between the Shire and its local residents.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopts amended Policy 2.1.5 Social Media Use and Guidelines as contained in Attachment 9.1.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28254

That Council adopts amended Policy 2.1.5 Social Media Use and Guidelines as contained in Attachment 9.1.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.1.3 Request to Provide Undertakings for Shire of Manjimup Cat Local Law 2020

PROPONENT	Joint Standing Committee on Delegated Legislation
OWNER	N/A
LOCATION / ADDRESS:	All of Shire
WARD:	All Wards
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F200202
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	22 October 2020
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held 3 September 2020, Council determined to adopt the Shire of Manjimup Cat Local Law 2020 (the Local Law). A copy of the gazetted Local Law and its Explanatory Memorandum was forwarded to the Joint Standing Committee on Delegated Legislation (the Committee) on 23 September 2020.

Council has since received correspondence from the Committee. The content of the Committee’s letter is considered confidential, and the Committee has requested that the letter not be included in this Council agenda item.

Upon the Committee’s review of the Local Law and Explanatory Memoranda on 21 October 2020, it identified a number of minor drafting errors, requires amendments to clauses and definitions of the Local Law that will need to be corrected prior to the Local Law being supported by the Committee.

The purpose of this report is for Council to consider the correspondence received, and provide the Committee with a letter of undertaking with regard to the Local Law.

PUBLIC Consultation Undertaken:

Nil. Public consultation on correspondence received from the Committee is not required.

COMMENT (Includes Options):

For the benefit of Councillors, an ‘undertaking’ is a commitment made by local governments, government departments or agencies to the Committee that certain actions will be completed within a certain time frame.

The requesting of undertakings relating to Instruments (i.e. Local Laws) from local governments, departments and agencies is a serious matter. The Committee allows Instruments to pass unimpeded into law subject to the commitment that the relevant local government, department or agency will abide by the undertakings they give.

The Committee accepts undertakings provided on the following terms:

· all consequential amendments arising from the undertakings will be made;

· offending clauses will not be enforced in a manner contrary to the undertakings given;

· the undertakings will be completed within six months (in this case, three months has been requested) of the date the local government, department or agency’s letter provides the undertakings;

· where the instrument is made publicly available, whether in hard copy or electronic form, it be accompanied by a copy of the undertakings; and

· in the case of a local government, it will provide a copy of the minutes of the meeting at which the relevant council resolves to provide the undertakings.

Committee comments

The Committee has identified issues with a number of clauses included within the Local Law that it considers to be contrary to its Terms of Reference. Given that multiple changes required to the clauses and definitions to make the Local Law legislatively sound are significant, the Committee has recommended that Council undertake to repeal the Local Law within 3 months or have the local law disallowed by the Legislative Council of State Parliament. After consideration of the Local Law, the Committee has provided a suggested form of Council resolution to provide the undertakings to the Committee as follows:

“3. Within 3 months, the Shire will:

(b) Repeal the Local Law.

4. Until the Local Law is amended in accordance with undertaking 1:

(a) Not enforce the Local Law in a manner contrary to undertaking 1.

(b) Where the Local Law is made publicly available, whether in hard copy or electronic form (including on the Shire's website), ensure that it is accompanied by a copy of these undertakings.”

Following receipt of the undertakings, Shire staff have consulted with the Department of Local Government and Cultural Industries (DLGSCI) on 27 October 2020. The advice provided by the DLGSCI from a practical perspective is that Council could elect to advise the Committee instead that it will make a replacement local law, inclusive of a clause repealing the current law. This action would avoid having to make a repeal local law prior to making a new cat local law, but achieving the same outcome. This approach is supported by staff and has been reflected at 1.(a) in the undertakings provided in the Officer Recommendation below.

Timeframe to repeal

Staff also note that the timeframe of 3 months to replace the Local Law would be challenging for the Shire, particularly as the Shire administration and Council shuts down over the festive period in December – January and the ability to adequately and transparently consult the community with a replacement local law within this time would not be achievable.

Staff have contacted the Committee Office on 28 October 2020, who advised that the Committee would likely support a timeframe of 6 months to replace the Local Law on the reasoning given the above. The request for 6 months to replace the Local Law will be included in the Officer Recommendation below.

Legal Advice

Alternatively, Council may choose to seek legal advice and contest the Committee’s standing. But given the advice of the DLGSCI and the Committee, this is not recommended, as it will likely cost Council more financially than allowing the local law to be repealed or disallowed and then going through the Local Law process again.

Next Steps

Once Council has issued its response to the Committee, it will await its response and will perhaps need to consider this matter further. However, in the event the Committee accepts the undertakings as provided by Council in the Officer Recommendation below, a further report will be presented to Council recommencing the local law process for a Cat Local Law in accordance with clause 3.12 of the Local Government Act 1995.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Failure to provide an undertaking for the amendments and request to repeal identified by the Joint Standing Committee on Delegated Legislation will place Council in non-compliance with the Committee, and may result in the Local Law being disallowed by State Parliament.

Financial Implications:

Cost for the replacement of the Shire’s Local Law will be covered in the Shire’s Adopted Budget for 2020/21.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That the Council of the Shire of Manjimup resolves to undertake to the Joint Standing Committee on Delegated Legislation that:

1. Within 6 months, the Shire will:

a. Make a replacement Local Law. The replacement Local Law will include a clause repealing the Shire of Manjimup Cat Local Law gazetted 17 September 2020.

2. Until the Local Law is amended in accordance with undertaking 1:

a. Not enforce the Local Law in a manner contrary to undertaking 1; and

b. Where the Local Law is made publicly available, whether in hard copy or electronic form (including on the Shire’s website), ensure that it is accompanied by a copy of these undertakings.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28256

That the Council of the Shire of Manjimup resolves to undertake to the Joint Standing Committee on Delegated Legislation that:

1. Within 6 months, the Shire will:

a. Make a replacement Local Law. The replacement Local Law will include a clause repealing the Shire of Manjimup Cat Local Law gazetted 17 September 2020.

2. Until the Local Law is amended in accordance with undertaking 1:

a. Not enforce the Local Law in a manner contrary to undertaking 1; and

b. Where the Local Law is made publicly available, whether in hard copy or electronic form (including on the Shire’s website), ensure that it is accompanied by a copy of these undertakings.

ADOPTED BY EN BLOC RESOLUTION: 11/0

Councillors Taylor and Winfield declared an Impartiality Interest in this Item. Councillor Taylor is a member of the Southern Forests Food Council Inc; and Councillor Winfield is a member of the Southern Forests Food Council Inc and a member of the DPIRD Project Management Group. Councillor Taylor and Winfield declared that they would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.1.4 Expression of Interest for Lease of Pt Lot 875 Reserve 43342 (Manjimup Railway Station Building) Manjimup

PROPONENT	Shire of Manjimup
OWNER	Crown vested in the Shire of Manjimup
LOCATION / ADDRESS:	Pt Lot 875 Reserve 43342, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F200423
LEGISLATION:	Local Government Act 1995 / Land Administration Act 1997
AUTHOR:	Andrew Campbell
DATE OF REPORT:	26 October 2020
DECLARATION OF INTEREST:	The CEO is a Shire of Manjimup representative on the Southern Forests Food Council Project Management Committee overseeing the grant agreement between the Southern Forest Food Council and the State of Western Australia.

Background:

Pt Lot 875 Reserve 43342, Manjimup (Railway Building) was previously occupied by the Manjimup Visitors Centre. The redevelopment of the Manjimup Heritage Park has resulted in a new dedicated space for the Manjimup Visitors Centre and they have now agreed to relinquish their existing lease over the Railway Building, leaving that building vacant.

The Shire of Manjimup (Shire) sought proposals for the lease (five years plus an option for a further five years) of the Railway Building in a sixteen day public process commencing 7 October 2020 and concluding on 22 October 2020.

Reserve 43342 on Crown Land Title Vol 3129 Folio 453 is vested in the Shire of Manjimup pursuant to Section 46 of the Land Administration Act 1997 in trust for “Municipal, Tourist and Community Purposes”. The high profile central business district (CBD) location of this building and the vesting purpose necessitated the attraction of “not for profit” entities, incorporated associations or community groups that would make significant contributions to the local economy, attract visitors and/or showcase the Manjimup CBD and wider district. A copy of the Expression of Interest (EOI) is attached.

ATTACHMENT: 9.1.4(1)

The selection criteria established in the EOI were:

Qualitative Criteria		Total Assessment Weighting
1	Proposed use of the property to deliver a service that: o Will make a significant contribution to the local economy; o Attract visitors to the Manjimup CBD; and/or o Showcases the Manjimup CBD and wider region.	70%
2	Demonstrated operational experience in leasing property	15%
3	Financial Capacity of the Respondent including capacity to fulfil lease maintenance and operational requirements.	15%

The purpose of this report is to consider submissions made to this EOI process.

PUBLIC Consultation Undertaken:

The EOI was advertised in the Manjimup Bridgetown Times on 7 October 2020, closing 22 October 2020. A total of three submissions were received from the five representative groups that viewed the building.

COMMENT (Includes Options):

In order of receipt of EOI’s the following is a quick summary of proposals submitted:

Manjimup Photography Club Inc.

· EOI requested the use of a building for a storage space and meeting space;

· 12 to 15 financial members indicated;

· “Not for profit” community organisation;

· Host a number of exhibitions and competitions;

· Do not have a dedicated home and equipment and materials are currently stored at private residences;

· Open to being part of a shared facility; and

· They acknowledge their submission does not meet EOI criteria.

Officer comment on submission:

The submission was not received in the appropriate form as required by the EOI and on this basis was required to be excluded without further assessment.

Southern Forests Food Council Inc.

· Established “not for profit” incorporated organisation established in 2012;

· Objective of proposal is to create a showcase for the regions premium food, beverage and tourism offerings and support their organisations ongoing activities in developing economic opportunities for the area;

· Proposal is to relocate from existing premises in Brockman Street to the Railway Building; and

· Strong focus on economic development, regional awareness and a collaborative regional showcase.

Officer comment on submission:

Submission complies with requirements of the EOI. All selection criteria are addressed and submission was referred for panel assessment.

Southern Forest Textiles and Fibres Creative Community Hub

· New, in the process of being established as a community group;

· Providing a textile and fibre Arts Studio and Creative Community Hub;

· Focus on a community led service to promote creativity, accessibility, mental wellness, youth engagement, partnerships and engagement;

· Objective to attract people in the community and visitation to the area; and

· Providing a dedicated space for artisans to sell creations.

Officer comment on submission:

Submission complies with the requirements of the EOI however selection criteria 2 and 3 were not addressed. Submission was referred for panel assessment.

A copy of all three submissions is provided for Council’s detailed consideration (noting personal and confidential information has been redacted):

· Manjimup Photography Club Inc.

ATTACHMENT: 9.1.4(2)

· Southern Forests Food Council Inc.

ATTACHMENT: 9.1.4(3)

· Southern Forest Textiles and Fibres Creative Community Hub.

ATTACHMENT: 9.1.4(4)

The panel established for the assessment of this EOI were two Shire Officers being the Chief Executive Officer and the Senior Governance Officer. A summary of the assessment is indicated below and the individual assessments can be found in the attachment.

ATTACHMENT: 9.1.4(5)

Submission

Averaged Panel Raw Score

Averaged Panel Weighted Score out of 100

Total averaged panel score out of 100

Southern Forest Food Council Inc.

1) 8.5

2) 8.0

3) 7.0

1) 59.5

2) 12.0

3) 10.5

82.0

Southern Forest Textiles and Fibres Creative Community Hub

1) 7.0

2) 0.0

3) 0.0

1) 49.0

2) 0.0

3) 0.0

49.0

As a result of the panel assessment, the Southern Forests Food Council Inc. clearly satisfied the selection criteria more than the proposal from Southern Forest Textiles and Fibres Creative Community Hub. This is understandable given that Southern Forest Textiles and Fibres Creative Community Hub is a forming community group and Southern Forests Food Council Inc. has been established and operating since 2012.

All three proposals submitted have merit (including the Manjimup Photography Club submission that could not be assessed) and further opportunities to access to Shire facilities may be possible in the future. However, on the basis of the very strong submission from the Southern Forests Food Council Inc. it is recommended that Council grant the lease accordingly.

STATUTORY ENVIRONMENT:

Section 3.58 of the Local Government Act 1995 deals with the requirements for leasing Council land; however Section 30(b) of the Local Government (Functions and General) Regulations 1996 exempts from these requirements leases to charitable, benevolent, educational, recreational, sporting or other like bodies, provided the members are not entitled to receive any pecuniary profit. It appears that all EOI submissions comply with this exemption.

Approval from the Minister for Lands is required in accordance with section 18 of the Land Administration Act 1997.

Policy / Strategic Implications:

In accordance with Council Policy 4.2.8 Property Leasing, the proposed lease will be for a five year term with a five year renewal option at a peppercorn rental ($10 per annum payable on demand).

The Shire of Manjimup Strategic Community Plan 2019-2029 states:

“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:

Given the high profile CBD location, it is important that Council gives due consideration to a proposed use that enhances and adds value to the area. The proposed lease provides necessary protections for the Shire to ensure the building is managed appropriately.

Financial Implications:

Southern Forests Food Council will be required to pay the lease preparation fee in accordance with Council’s Fees and Charges.

Sustainability:

Environmental: Nil.

Economic: The Southern Forests Food Council has a primary role to promote agriculture in the district. The benefits of this entity extend much further than value to members, it also markets and attracts visitation to the area which has significant economic benefit.

Social: The Southern Forests Food Council operates on a not for profit basis and is open to the public providing an agriculture educative function.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council lease portion of Pt Lot 875 Reserve 43342, Manjimup (Manjimup Railway Station Building) to Southern Forests Food Council Inc. for a term of five years commencing 1 January 2021, with a renewal option of a further term of five years, at a rental of ten dollars per annum payable on demand, subject to the approval from the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28257

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.1 Proposed Industry - Extractive at Lot 7152 Camelarup Road, Perup

PROPONENT	Kanangra Grazing Pty Ltd
OWNER	Kanangra Grazing Pty Ltd
LOCATION / ADDRESS:	Lot 7152 Camelarup Road, Perup
WARD:	East
ZONE:	General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/148: P50642
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	7 October 2020
DECLARATION OF INTEREST:	Shire of Manjimup Manager of Works assisted the applicant in preparation of the application, but was not involved in the assessment of the proposal.

Background:

Council is requested to consider an application for planning approval for the establishment and operation of an Industry – Extractive (Gravel) at Lot 7152 Camelarup Road, Perup. A copy of the submitted application is attached.

ATTACHMENT: 9.5.1(1)

LOCATION PLAN

Lot 7152 Camelarup Road is 40.45 hectares in area, is completely cleared of native vegetation and contains a vineyard. The property contains no structures or dams and is accessed via a track off Camelarup Road. As shown on the location plan above, similar sized properties abut the land to the north and west, whilst State Forest is located to the south and east.

The application proposes the extraction of gravel with an estimated area of 10,500m² with a width of 70 metres by 150 metres area and at an average depth of 2 metres, with topsoil stockpiled adjacent to the extraction site. The applicant has confirmed via email that a total of 35,000m³ of material will be potentially removed over a period of 5 years. Further information relating to the application is summarised as follows:

· The applicant intends to use the pit to supply gravel commercially on a supply and demand basis, with the Shire of Manjimup identified as a potential customer;

· All truck haulage movement will enter the Shire’s road network on Camelarup Road through to Junction Road to Pomeroy Road. From Pomeroy Road, Perup Road will be utilised to move the material to its final destination. On the return route, vehicles will use Perup Road, Junction Road and Camelarup Road to access the property;

· The pit would operate 5 days a week between the hours of 6.00am to 5.00pm during Shire road construction i.e. 1 to 2 weeks per year, otherwise between 8.30am to 4.00pm; and

· Up to 25 road train loads would be removed from site per day during the Shire’s road construction period, with only loads per week anticipated at other times of the year.

Council previously granted conditional approval to an Industry-Extractive on the site at its 26 March 2018 meeting. Whilst approval was granted for a period of 5 years, it was granted to a third party (not the landowner) and the proposal did not proceed, with no gravel being removed from the site.

It should be noted that whilst the applicant has made a number of references within the application to the gravel extracted being used to supply the Shire for its road maintenance program, the Shire has not entered into any agreement to secure gravel from this site at this stage.

The application requires determination by Council, as Shire officers do not have the delegated authority to determine Industry – Extractive proposals.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme) for a 42 day period to the relevant government agencies and the neighbouring Shire of Boyup Brook. A notice was placed on the Shire’s website, in the local paper and a sign was placed on site.

Correspondence was also sent to the Ward Councillor, Department of Biodiversity and Attractions (DBCA), Department of Water and Environmental Regulation (DWER) and Department of Mines, Industry Regulations and Safety (DMIRS). Submissions closed on 2 October 2020.

At the close of the advertising period, submissions were received from DBCA, DWER and the Shire of Boyup Brook. Whilst these submissions are discussed in the comment section below, a full copy of all submissions are attached.

ATTACHMENT: 9.5.1(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No. 4 (the Scheme) include the subject land within the General Agriculture Zone. In determining an application for planning approval, Clause 10.2 of the Scheme requires that various matters are taken into account, including but not limited to:

“(i) the aims and provisions of the Scheme and any 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 to mitigate impacts on the natural environment;

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

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

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

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

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

Land Use Classification

The proposed land use is classified as “Industry – Extractive”, which is defined by the Scheme as follows:

‘an industry which involves the extraction, quarrying or removal of sand, gravel, clay, hard rock, stone or similar material from the land and includes the treatment and storage of those materials on, or adjacent to, the land from which the materials are extracted, but does not include industry-mining.’

Land Use Permissibility

An Industry-Extractive is an ‘A’ land use within the General Agriculture Zone. That is a use which ‘is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6.’

Consistency with Zoning

The purpose of this the General Agriculture zone is to provide for the sustainable use of rural land which accommodates for a range of rural pursuits compatible with the capability of the land and which retains the rural character and amenity of the locality.

No impacts on the agricultural activities already occurring on the subject property or adjacent land are anticipated provided the use is appropriate managed.

Previous Approval

As detailed in the background section above, a conditional approval was granted in March 2018. As part of that approval limitations were imposed on the excavation area such as rehabilitation of area to be undertaken. This approval was not acted on and this has been confirmed through inspection of the site.

Access

The applicant has proposed all truck haulage movements will enter the Shire’s road network through to Junction Road to Pomeroy Road. From Pomeroy Road, to Mordalup Road and then Perup Road will be utilised to move the material to its final destination. On the return route to the property, vehicles will utilise Perup Road, Junction Road and Camelarup Road.

Amenity

An Industry - Extractive has the potential to impact on the amenity of the area through noise and dust associated with the extraction process and the appearance of the extraction pit when viewed from adjacent properties. Extractive Industries also have the potential to create impacts through truck movements associated with the transportation of the product off-site.

With the closest dwelling being located approximately 8 kilometres from the extraction pit on Junction Road, no visual, noise or dust impacts on nearby dwellings are anticipated. Notwithstanding this, a level of dust management should still be required to ensure the activities do not impact on adjacent agricultural activity.

Site Rehabilitation

The applicant has indicated in their plans that the topsoil will be stockpiled and the site repastured once extraction has finished as the preferred method of rehabilitation. To ensure rehabilitation of the extraction site a condition restating the requirement to stockpile topsoil for the progressive rehabilitation of the site will be attached in the event approval is granted by Council.

Time Limit on Approval

It is noted that the Applicant has sought a 5 year approval. Shire officers recommend any planning approval be limited to a maximum of 5 years or the total proposed amount of material, whichever comes first. Limiting the approval will allow for the operation to be reconsidered in the light of its past performance in the event an extension in time or volume of material is requested.

Compliance with Local Planning Policy 6.1.9 Extractive Industries

The objective of the Policy is to protect the economic viability of the general farming areas and to retain the rural character of the area by preventing the operation of the Industry – Extractive in a detrimental manner. The Policy states that the hours of operation are to be 8:00 am to 6:00 pm Monday to Saturday during summer periods (November to April) and 9:00 am to 5:00 pm at other times during the year.

The applicants are seeking a variation for two weeks of the year, which they state will be during road construction. It should however be noted that no specific justification has been provided with respect to varying the operational hours identified within the policy, other than reference to the Shire’s road construction program. As stated in the background there is not currently an agreement with the landowner for the Shire to purchase any material from the site.

It is therefore recommended that any approval by Council restrict operational times to those times identified within the adopted Shire Policy.

Submissions Received

Submissions were received from DBCA, DWER and the Shire of Boyup Brook during the comment period and are discussed below:

Shire of Boyup Brook

Had no objection to the proposal but requested that any repair to damaged road within the Shire of Boyup Brook, which is caused by heavy or extraordinary traffic resulting from the Industry - Extractive, be undertaken to at the expense of the landholder/applicant to the satisfaction of the Shire of Boyup Brook.

DBCA

DBCA have stated that the Access Site Plan proposes the use of the unnamed road that is adjacent to the eastern boundary of the property and this road is in the Perup-Tone Nature Reserve. For the applicant to use this road, authorisation would be required from the DBCA Manjimup office. The Department recommends that the Industry - Extractive be subject to conditions requiring approval of the access and addressing the following other matters:

· An Approved Environmental Management Plan, and that the scale of the industry be limited to that outlined in this plan; and

· Control of dust and noise during the extraction process and transport phase of the operation should conform with the Occupational Health and Safety Act 1974, Environmental Protection Act 1986 and local government statutory standards to ensure impact on neighbouring properties is within acceptable limits.

The applicant has clarified that the property will be accessed via a short road to south and via a property gate on the southern boundary.

DWER

DWER have identified that the proposal has the potential to impact on the environment and water resource management. They have supplied the following key issues:

· The proposed operations may be categorised as Prescribed Premises under the Environmental Protection Regulations 1987;

· The intended use of licensed surface water for dust suppression on the subject property is not in accordance with the proponent’s current licence; and

· Final landform. No information has been provided regarding the maximum known groundwater level, which is a key consideration of the department when assessing extractive proposals.

DWER have categorised the operations as ‘Prescribed Premises’ which relates to the material being screened, washed, crushed, ground, milled, sized or separated. The applicant is proposing to use a ‘grizzly’ to screen larger rocks from unusable materials, using a loader to tip material over a static, non motorised screen that allows smaller material to pass through but stops the larger rocks.

The applicant has stated that water is available from a dam 500 metres from the extraction pit, which they propose to use. They have also stated that no licence is required. An advice note is recommended on any approval granted recommending that the applicant contact DWER’s Manjimup office to amend their water licence as required.

It has been stated by the applicant that ground water is well below the ground level and the extraction pit is located on the slope of a hill with a minor incline and the depth of the groundwater will be proven via machine excavation or drilling prior to commencing the works. In response DWER have advised that due to the low risk situation “the Department considers the information provided regarding stormwater management to be sufficient in mitigating the surface water risk”.

Conclusion

It is recommended that the proposed Industry-Extractive be approved subject to standard conditions, with the hours of operation being limited in accordance with Local Planning Policy 6.1.9 – Extractive Industry.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The application has been assessed against the provisions of the Shire of Manjimup Local Planning Policy 6.1.9 Extractive Industries.

Organisational risk management:

Approval of this application by Council, provided that the Industry-Extractive is compliant with the Scheme and Policy, enforced through conditional consent granted by Council, will not generate any organisational risk.

Financial Implications:

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

Sustainability:

Environmental: As detailed in the comment section above, appropriate conditions and standards of operation are required that the proposed activity will not detrimentally impact on the environment or the amenity of the area.

Economic: The development if approved will potentially increase the productive use of the land. Ensuring appropriate access to basic raw materials such as gravel is identified by the State as critical to ensuring regional economic development.

Social: Without appropriate management and restrictions the proposal has potential to detrimentally impact on the amenity of the area.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants development approval for the Industry – Extractive (Gravel) at Lot 7152 Camelarup Road, Perup (Application TP134/2020) in accordance with the plans and specifications as submitted and subject to the following conditions:

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

b) Prior to commencement of the operation hereby approved, the applicant is to obtain authorisation of the Department of Biodiversity, Conservation and Attractions to use the unnamed road as part of the Industry – Extractive haulage route;

c) All drainage and associated stormwater associated with the gravel extraction pit shall be contained on site to the satisfaction of the Chief Executive Officer;

d) No storage of petroleum products or chemicals shall occur on-site unless otherwise approved by the Shire of Manjimup;

e) This development approval shall expire on 5 November 2025 or once extraction volume of gravel extracted totals 35,000 m³;

f) Unless otherwise approved by Council, the operation of the Industry – Extractive and the transportation of materials from the site shall be restricted to the following timeframes:

(i) the hours of 8:00am to 6:00pm, during summer months (November to April); and

(ii) the hours of 9:00am to 5:00pm at other times in the year.

g) The hours of operation identified in point (f) above relate to Monday to Saturday each week, excluding Public Holidays unless otherwise approved by Council;

h) Notwithstanding the restrictions identified in conditions (f) and (g) above, no truck movements shall occur on Junction Road on school bus days between 8:00am and 8:30am or between 3:30pm and 4:30pm;

i) Prior to commencement of the carting of gravel, a detailed road condition report shall be prepared for those roads to be used in association with the activity to the satisfaction of the Shire of Manjimup;

j) Any damage to the local road network caused by vehicles associated with the approved Industry – Extractive is to be repaired at the applicant’s cost to the satisfaction of the Shire of Manjimup;

k) Rehabilitation gradients shall not exceed 1:3 ratio. All topsoil located within the area to be subject of extraction is to be stockpiled and replaced as part of the rehabilitation process to the satisfaction of the Shire of Manjimup;

l) Rehabilitation of the site being completed to the satisfaction of the Shire of Manjimup within 90 days of completion of the extraction activities or the expiration of this approval, which ever comes first; and

m) The development must not cause airborne dust nuisance to neighbours, or properties located on the nominated haulage route. In this regard, and prior to commencement of any such works, the developer is required to prepare and submit to local government for approval a Dust and Noise Management Plan covering the measures to be undertaken throughout the duration of the works. The plan as may be approved by the Shire of Manjimup and shall be implemented to its satisfaction.

Advice to Applicant:

(i) That the gravel is likely to contain dieback. It is recommended that the materials not be used in dieback free areas.

(ii) With regard to Condition b) above, the applicant is requested to contact the Department of Biodiversity, Conservation and Attractions Warren Office on (08) 9771 7988. Additionally, a copy of the written authorisation from the Department of Biodiversity, Conservation and Attractions to use the unnamed road is to be forwarded to the Shire of Manjimup for its records.

(iii) The proponent is advised to contact the Manjimup branch of the Department of Water and Environmental Regulation to amend their current surface water license SWL173950(2).

(iv) That the proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’.

2. Advise the applicant that the approval referred to in point 1 above should not be construed as agreement by the Shire to purchase any gravel from the activity hereby approval and that any proposed arrangement is required to comply with the Shire of Manjimup Corporate Policy 2.3.5 – Purchasing Policy.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28258

That Council:

c) All drainage and associated stormwater associated with the gravel extraction pit shall be contained on site to the satisfaction of the Chief Executive Officer;

d) No storage of petroleum products or chemicals shall occur on-site unless otherwise approved by the Shire of Manjimup;

e) This development approval shall expire on 5 November 2025 or once extraction volume of gravel extracted totals 35,000 m³;

f) Unless otherwise approved by Council, the operation of the Industry – Extractive and the transportation of materials from the site shall be restricted to the following timeframes:

(i) the hours of 8:00am to 6:00pm, during summer months (November to April); and

(ii) the hours of 9:00am to 5:00pm at other times in the year.

g) The hours of operation identified in point (f) above relate to Monday to Saturday each week, excluding Public Holidays unless otherwise approved by Council;

Advice to Applicant:

(i) That the gravel is likely to contain dieback. It is recommended that the materials not be used in dieback free areas.

(iii) The proponent is advised to contact the Manjimup branch of the Department of Water and Environmental Regulation to amend their current surface water license SWL173950(2).

(iv) That the proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.2 Proposed Five Lot Subdivision at Lot 2 (1) Stokes Street, Manjimup

PROPONENT	MNG Survey
OWNER	Mr S K & Mrs R J Peos
LOCATION / ADDRESS:	Lot 2 (1) Stokes Street, Manjimup
WARD:	Central
ZONE:	Residential R20
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/184, P58005 WAPC159929
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	15 October 2020
DECLARATION OF INTEREST:	Nil

Background:

The Western Australian Planning Commission (WAPC) is seeking the Shire’s comment on a proposed five lot subdivision relating to Lot 2 (1) Stokes Street, Manjimup. The land has an area of 8,576m², contains a single dwelling and as shown on the location plan below is located at the intersection of Stokes Street and Blechynden Street.

LOCATION PLAN

Lot 2 was created as a separate title in 2018 through the subdivision of former lot 71 as an initial stage of a larger 14 lot proposal subdivision. Further information regarding the previous proposals and an approved Detailed Area Plan (DAP) are provided in the comment section overleaf.

The applicant is now seeking approval to subdivide the land as follows:

· Creation of a 1,545m² lot containing the existing dwelling;

· Creation of four additional lots ranging from 1,670m² to 1,840m², with each lot having access to Blechynden Street;

· Proposed Lots 24 and 25 having adjoining 3 metre wide battle-axe access legs with reciprocal rights of access; and

· No provision of public open space.

A copy of the proposed plan of subdivision is attached.

ATTACHMENT: 9.5.2(1)

This application is referred to Council for determination, given that Shire Officers are recommending that the application not be supported.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The subject land is zoned Residential under the provisions of Local Planning Scheme No. 4 (the Scheme), with an applicable density of R20. In accordance with the Residential Design Code of Western Australia, a minimum lot size of 350m² with an average lot size of 450m² is required where an R20 density applies.

The provisions of clause 5.33.2 of the Scheme guide subdivision of land within the Residential zone along with specific requirements relating to the subject land. Further advice regarding these requirements is provided below to assist Council in determining its comment on the application.

Zone Objectives

The Scheme identifies that the objectives in managing and guiding land use, development and subdivision within the Residential Zone include, but are not limited to:

“(i) provide a range of housing choice with high level of amenity in residential areas and which reflects a non-metropolitan lifestyle; and

(ii) provide for the adequate supply of suitably located land to meet the ongoing residential needs of the community consistent with the Residential Design Codes.”

Planning Precinct Requirements

Lot 2 is located within “Manjimup Planning Precinct 2 – Eastern Residential”. As outlined in Schedule 8 of the Scheme, it is anticipated that “The majority of residential growth, when required, will occur within this precinct.” As a result the provisions of Schedule 8 outline that planning should provide for various matters, including, but not limited to:

· A variety of residential and lifestyle opportunities ranging generally between R5 and R20;

· The requirement of structure plans where specified by the local government; and

· All development from R10 upwards will require connection to the reticulated sewerage system.

Special Control Area

In addition to the underlying zoning, the Scheme includes the land within Special Control Area 9/3 Stokes Street Structure Plan area, being an area bound by Blechynden Street, Stokes Street and Muir Street.

As stated within clause 6.4.3.2, the “local government requires a Structure Plan for a Structure Area, or for any part or parts of a Structure Plan area, before recommending subdivision or approving development of land within the Structure Plan Area.” The provisions of Schedule 11 of the Scheme identify that the Structure Plan for the Stokes Street Structure Plan area is required to specifically address “Local Water Management and Drainage”.

Notwithstanding the above, in accordance with clause 6.4.3.4, the local government may support a subdivision of the land without requiring a Structure Plan “where in its opinion the proposal is of a minor nature, will not adversely affect the future subdivision or development of the land…”. In this instance, it is the opinion of Shire Officers that in the absence of an urban water management plan for the subdivision design, the lots may not be capable of future development in accordance with purchasers expectations. Approval in the absence detail relating to water/drainage management may also prejudice future subdivision and development of the balance of the structure plan area.

Previous Subdivision Proposals

Former Lot 71 Stokes Street was the subject of several subdivision applications dating back to 1997, which proposed up to 14 additional lots plus drainage easements and reserves for recreation.

Examination of Shire records indicates that it was calculated at the time that up to 1.5 metres of fill was required to adequately drain the land. As an alternative the developer prepared a DAP, restricting the use of conventional ‘slab on ground’ development. Essentially the DAP details that dwellings are to have stumps or ‘brick build-up’ construction. Council at its meeting on 29 September 2011 resolved (Resolution 25049) to adopt the DAP and for a Local Planning Policy to be prepared to provide statutory effect to the DAP. Although this process did not occur, by virtue of Council adoption, the DAP is considered a guiding document for the future subdivision and development of the land. A copy of the DAP is provided attached.

ATTACHMENT: 9.5.2(2)

Structure Plan

A structure plan has been identified as a requirement to resolve local water management and drainage prior to providing support for subdivision and development of the land. Although the Stokes Street Structure Plan was endorsed by Council in 2008, it is not a currently active structure plan and did not at the time resolve the local water management and drainage matters.

Although the Scheme incorporates provisions where the local government can approve subdivision and development in the absence of an approved structure plan, the proposal would need to be minor in nature, would not adversely affect the future subdivision or development of the land and would not conflict with the future expectations of the Structure Plan area.

The current dwelling on the property was approved in 2018 as a slab-on-ground development and was required to install extensive sub-soil drainage, which is connected to the Shire’s drainage system. It has been noted by Shire officers, that even during dry weather conditions, water has been sighted as flowing from the property.

Although the lot sizes proposed are of sufficient land area to provide similar sub-soil drainage design, the Shire drainage system may not be adequate to cater for the additional water. Likewise if this solution is to continue for the remainder of the Structure Plan area, the drainage system might reach capacity after the precedent is set. As a minimum a stormwater management plan should be required prior to approval of the application.

Detailed Area Plan

The proposed subdivision design is not consistent with the adopted DAP as the proposed lot layout restricts the delivery of the indicative lot layout as shown on the DAP. Where subdivision occurs that is not consistent with the DAP, the provisions outlined in the DAP become less enforceable.

State Planning Policy

The Western Australian Planning Commission has adopted numerous State Planning and Development Control Policies to guide subdivision within Western Australia. State Planning Policy No 3 (SPP No 3) and Development Control Policy 2.2 (DC 2.2) relating to residential subdivision outline the following matters as applicable to the submitted application:

General Requirements

DC 2.2 outlines that applications for subdivision of land into residential lots will be considered against various requirements, including but not limited to:

· Water Sensitive Urban Design principals. As a minimum proposals should address the management of any groundwater levels and proposed dewatering and the management of stormwater; and

· The resultant lots must be capable of development and located in an area with physical characteristics suitable for subdivision.

It is noted that no information relating to groundwater or stormwater management have been provided in support of the application.

Lot Sizes

SPP No 3 advocates for “a variety of lot sizes and housing types to cater for the diverse housing needs at a density that can ultimately support the provision of local services.” In this regard it is noted that the subdivision would result in a product not currently available within Manjimup townsite.

The above said, the maximum density for development under the current provisions of the Scheme would potentially allow for each of the lots to be further subdivided, potentially in an ad-hoc manner.

Battleaxe Access

For proposed lots without direct street frontage, battle-axe lots can be provided with an access leg of 4 metres in width, with a reduced width of 3 metres for each access leg where they adjoin.

The design as submitted complies with this requirement.

Public Open Space

In addition to the above requirements, Development Control Policy No 2.3 (DC 2.3) specifies that in subdividing land for residential purposes the Planning Commission’s normal requirement is that, where practical, 10% of the gross subdividable area is required to be given up free of cost by the subdivider. The purpose of this is to ensure that the provision of Public Open Space is proportionate with the needs of the growing community.

Whilst DC 2.3 also specifies that the Commission will not normally require an open space contribution for five lots or less, this is only where:

· The applicant demonstrates to the satisfaction of the Commission that land has already been given up for open space in an earlier subdivision; or

· The proposal is within a locality where the Commission, on the advice of the local government, following an assessment of the locality, has concluded that there is sufficient open space in that locality.

In this case the applicant has not demonstrated that open space has already been given up and it has not been determined that there is sufficient open space in the Stokes Street area. On this basis, if the subdivision was to be supported by Council or approved by the Commission, it is recommended that the subdivider be required to provide 10% open space. As an alternative, Council may be willing to accept the payment of cash-in-lieu.

Subdivision Design

The proposed subdivision design creates lots that in future would have the ability to be further subdivided. For example proposed Lot 24, with an area of 1,840m² could be further subdivided into four lots. As proposed Lot 24 is designed to be accessed from Blechynden Street via a battle-axe leg there is concerns that any development of proposed Lot 24 would restrict new lots accessing of Doust Street, as shown on the DAP.

Should Council wish to support the application as submitted, it is recommended that no further subdivision of the proposed lots be permitted.

Conclusion

In the absence of an applicable structure plan and/or local water management the application for subdivision is not supported. Approval in the absence of these documents has the potential to create undesirable outcomes in terms of post development flows, impacts on the future development potential of the Structure Plan area and drainage infrastructure.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The Shire of Manjimup Local Planning Strategy identifies the area with potential for further subdivision however acknowledges the constraints with drainage solutions.

Organisational risk management:

Approval to the application as submitted in the absence of a Water Management and/or Drainage Management Strategy represents a risk to the Shire in that it is not known how drainage associated with the land, or subsequent development would impact on the Shire’s drainage infrastructure adjacent to the site. It is therefore recommended that Council advise the Western Australian Planning Commission that it opposes the proposed subdivision as submitted.

Financial Implications:

Nil.

Sustainability:

Environmental: Local and urban water management from developments is critical to mitigate infrastructure overloads and undesirable flows entering drainage systems.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Advise the Western Australian Planning Commission it is not prepared to support the proposed five lot subdivision at Lot 2 (1) Stokes Street, Manjimup for the following reasons:

a) The property is located in an area designated as requiring a structure plan to resolve local water management, which is not adequately addressed by the application as submitted;

b) In the opinion of the Shire of Manjimup a drainage management plan should be required as a minimum to ensure that stormwater is adequately addressed and that the development as proposed will not prejudice the future subdivision of other land within the precinct;

c) Further information is required to demonstrate how further subdivision of the resultant lots in an ad-hoc manner would be prevented given the density applicable under the Shire’s Local Planning Scheme No 2;

d) The application as submitted does not address the requirement for the provision of public open space in accordance with the Western Australian Planning Commission’s Development Control Policy 2.3; and

e) In the absence of an approved structure plan the Shire of Manjimup is not satisfied that the proposed subdivision is in accordance with orderly and proper planning.

2. Contact be made with the land owners with the aim of preparing a revised Structure Plan for the area in accordance with Schedule 2, Part 4 of the Planning and Development (Local Planning Schemes) Regulations 2015.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28259

That Council:

1. Advise the Western Australian Planning Commission it is not prepared to support the proposed five lot subdivision at Lot 2 (1) Stokes Street, Manjimup for the following reasons:

a) The property is located in an area designated as requiring a structure plan to resolve local water management, which is not adequately addressed by the application as submitted;

e) In the absence of an approved structure plan the Shire of Manjimup is not satisfied that the proposed subdivision is in accordance with orderly and proper planning.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.4 Delegated Planning Decisions for September 2020

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Various
WARD:	Various
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170085
LEGISLATION:	Planning and Development Act 2005 Local Government Act 1995
AUTHOR:	Sean Tysoe
DATE OF REPORT:	21 October 2020
DECLARATION OF INTEREST:	Nil

Background:

In order to ensure the efficient and timely processing of planning related applications, Council delegates authority to the Chief Executive Officer to conditionally approve Applications for Development Approval that meet the requirements of both Local Planning Scheme No 4 (the Scheme) and adopted Council Policy.

Delegated planning decisions are reported to Council on a monthly basis to ensure that Council has an appropriate level of oversight on the use of this delegation. A Register of Delegated Development Approvals, detailing those decisions made under delegated authority in September 2020 is attached.

ATTACHMENT: 9.5.4(1)

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

During September 2020, ten (10) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for September 2020 compared to September 2019:

Table 1: Planning Decisions Made September 2019 and 2020

	September 2019	September 2020
Delegated Decisions	11 ($1,090,300)	10 ($491,500)
Council Decisions	1 ($50,000)	6 ($3,876,000)
Total	12 ($1,140,300)	16 ($4,367,500)

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

Table 2: Planning Decisions Made Year-To-Date 2019-20 and 2020-21

	YTD 2019-20	YTD 2020-21
Delegated Decisions	23 ($2,688,593)	41 ($3,255,352)
Council Decisions	3 ($85,000)	13 ($4,211,000)
Total	26 ($2,773,593)	54 ($7,466,352)

STATUTORY ENVIRONMENT:

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

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

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

Policy / Strategic Implications:

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

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receives the report on Delegated Development Approvals for September 2020 as per Attachment: 9.5.4(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28260

That Council receives the report on Delegated Development Approvals for September 2020 as per Attachment: 9.5.4(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.7.1 Proposed Shire of Manjimup Local Evacuation Plan 2020 - 2025

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170449
LEGISLATION:	Emergency Management Act 2005
AUTHOR:	Todd Ridley
DATE OF REPORT:	7 October 2020
DECLARATION OF INTEREST:	Nil

Background:

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

The purpose of a Local Evacuation Plan is to set out:

· Risk management strategies that may be used to mitigate the effects of an emergency on a community;

· Categorises the types of evacuation, immediate, pre-warned and self-evacuations;

· Decision making tools for Hazard Management Agency;

· Public information strategies and community warning levels; and

· Organisational roles and responsibilities.

The current Local Evacuation Plan (as appended) has expired and the proposed replacement plan has been developed through consultation with the Local Emergency Management Committee. A copy of the draft proposed Local Evacuation Plan 2020 – 2025 is shown attached.

APPENDIX: 9.7.1(A)

ATTACHMENT: 9.7.1 (1)

At their meeting held on the 30 September 2020, the Local Emergency Management Committee resolved “That Council accept the Local Evacuation Plan 2020 – 2025”. Advice of this recommendation was detailed within item 9.16.1 of the agenda for the Council meeting held on 15 October 2020. Council is now requested to formally consider and endorse the proposed plan.

PUBLIC Consultation Undertaken:

Whilst no consultation with the general public has been undertaken, the draft Local Evacuation Plan 2020 – 2025 was developed through the Local Emergency Management Committee.

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

COMMENT (Includes Options):

The Local Evacuation Plan 2020 - 2025 is required to be consistent with endorsed State Emergency Management Policies and State Emergency Management Plans. Local Evacuation Plans are required to be developed using the State Emergency Management Committee template.

In addition to the significant changes to format in order to comply with the template, significant additional details regarding procedures, roles and responsibilities have been incorporated into the draft plan, drawing on the content of the State Emergency Management Polices and Management Plans. References to relevant government agencies and related documents have also been updated.

The Local Evacuation Plan 2020 – 2025 has partner documents that are listed below:

Document	Officers comments
Local Emergency Management Arrangements 2019 - 2024	Endorsed by Council.
Emergency Resources Directory	Endorsed by Council and updated each November by the Ranger and Emergency Services Department.
At Risk / Isolated Communities Maps	Endorsed by Council.
Local Emergency Welfare Plan	Developed by the Department of Communities.
Local Recovery Plan 2020 - 2025	Attached to this agenda for Council endorsement.

The content of the draft Local Evacuation Plan 2020 - 2025 has been checked and approved by the District Emergency Management Advisor.

Conclusion

The current Local Evacuation Plan is out of date and a comprehensive review has been completed, based on the State Emergency Management Committee template. The revised plan was developed in consultation with members of the Local Emergency Management Committee.

It is recommended that Council endorse the revised Local Evacuation Plan 2020–2025, as resolved by the Local Emergency Management Committee.

STATUTORY ENVIRONMENT:

Emergency Management Act 2005.

Policy / Strategic Implications:

Adoption of the revised Local Evacuation Plan 2020-2025 is consistent with the following recommendations contained within the Shire of Manjimup Strategic Community Plan 2019 – 2029:

Community Goals

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

Strategies

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

Organisational risk management:

Local Governments have a legislated responsibility to develop Local Evacuation Plans. The draft Local Evacuation Plan 2020-2025 underpins the Shire of Manjimup responsibilities in Prevention, Preparedness, Response and Recovery.

Financial Implications:

The proposed Local Evacuation Plan will ensure a consistent approach to the timely and orderly evacuation of the community as and where required, clearly defining the responsibility of the various agencies and minimising the cost to the Shire of Manjimup.

Sustainability:

Environmental: Nil.

Economic: As per Financial Implications section above.

Social: The timely and orderly evacuation of the community is required to maximise the preservation of life.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council endorse the Shire of Manjimup Local Evacuation Plan 2020 – 2025 as shown at Attachment: 9.7.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28262

That Council endorse the Shire of Manjimup Local Evacuation Plan 2020 – 2025 as shown at Attachment: 9.7.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.7.2 Proposed Shire of Manjimup Local Recovery Plan 2020 - 2025

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170449
LEGISLATION:	Emergency Management Act 2005
AUTHOR:	Todd Ridley
DATE OF REPORT:	7 October 2020
DECLARATION OF INTEREST:	Nil

Background:

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

The purpose of a Local Recovery Plan is to:

· Describe the arrangements for the effective management of recovery at a local level;

· Describe the roles, responsibilities, available recourses and procedures for the management of recovery;

· Provide a framework and guidelines for recovery operations and processes;

· Ensure effective and coordinated management of recovery within the Shire of Manjimup; and

· Ensure plans complies with State Emergency Management Arrangements.

The current Local Recovery Plan (shown appended) has expired and the proposed replacement has been developed through consultation with the Local Emergency Management Committee and the Shire of Manjimup Recovery Team. A copy of the draft proposed Local Recovery Plan 2025 – 2025 is shown attached.

APPENDIX: 9.7.2(A)

ATTACHMENT: 9.7.2(1)

At their meeting held on the 30 September 2020, the Local Emergency Management Committee resolved “That Council accept the Local Recovery Plan 2020 – 2025”. Advice of this recommendation was detailed within item 9.16.1 of the agenda for the Council meeting held on 15 October 2020. Council is now requested to formally consider and endorse the proposed plan.

PUBLIC Consultation Undertaken:

Whilst no consultation was undertaken with the general public, the draft Local Recovery Plan 2020 – 2025 was developed through the Local Emergency Management Committee.

COMMENT (Includes Options):

The Local Recovery Plan 2020 - 2025 is required to be consistent with endorsed State Emergency Management Policies and State Emergency Management Plans. Local Recovery Plans are required to be developed using the State Emergency Management Committee template.

The Local Recovery Plan 2020–2025 has partner documents that are listed below:

Document	Officers comments
Local Emergency Management Arrangements 2019 - 2024	Endorsed by Council
Emergency Resources Directory	Endorsed by Council and updated each November by the Ranger and Emergency Services Department.
At Risk / Isolated Communities Maps	Endorsed by Council
Local Emergency Welfare Plan	Developed by the Department of Communities.
Local Evacuation Plan 2020 - 2025	Attached to this agenda for Council endorsement.

The content of the draft Local Recovery Plan 2020 - 2025 has been checked and approved by the District Emergency Management Advisor.

Conclusion

The current Local Recovery Plan is out of date and a comprehensive review has been completed by relevant Shire Officers in consultation with members of the Local Emergency Management Committee. The plan is based on the State Emergency Management Committee template and is consistent with relevant state documentation.

It is recommended that Council endorse the revised Local Recovery Plan 2020 – 2025 as recommended by the Local Emergency Management Committee.

STATUTORY ENVIRONMENT:

Emergency Management Act 2005

Policy / Strategic Implications:

Adoption of the revised Local Recovery Plan 2020 – 2025 is consistent with the following recommendations contained within the Shire of Manjimup Strategic Community Plan 2019 – 2029:

Community Goals

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

Strategies

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

Organisational risk management:

Local Governments have a legislative responsibility to develop and maintain emergency response Plans. The draft Local Recovery Plan 2020-2025 underpins the Shire of Manjimup responsibilities in response to and recovery from an emergency event.

Financial Implications:

The proposed Local Recovery Plan will ensure a consistent approach to recovery activities as and where required, clearly defining the responsibility of the various agencies and minimising the potential for duplication of activities between those agencies, thus ensuring effective use of recovery funds.

Sustainability:

Environmental: Nil.

Economic: The health and wellbeing of a community and its ability to recover following an emergency event is underpinned by the ability for business to recommence operation following the event.

Social: Information and support networks, community liaison, financial support, and ongoing outreach services are key elements to facilitate individuals and the community recovering from an emergency event. Co-ordination of these services and cross agency co-operation are key elements of the proposed Local Recovery Plan.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council endorse the Shire of Manjimup Local Recovery Plan 2020 – 2025 as shown at Attachment: 9.7.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28263

That Council endorse the Shire of Manjimup Local Recovery Plan 2020 – 2025 as shown at Attachment: 9.7.2(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

APPENDIX

9.7.3 Proposed Rescission of Policies relating to Ranger and Emergency Services Department Now Covered by Legislation or Other Means

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161012
LEGISLATION:	Local Government Act 1995
AUTHOR:	Todd Ridley
DATE OF REPORT:	8 October 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup administrates Policies adopted by Council pursuant to Section 2.7(2)(b) of the Local Government Act 1995. These policies are designed to provide guidance to staff and members of the public on courses of action in particular circumstances.

A review of Policies relating to the Ranger and Emergency Services Department has identified that the following policies are due for review and are now covered by legislation or other existing Shire Policies.

Policy Number	Policy Name
5.3.1	Authority to incur expenses.
5.3.4	Restricted and Prohibited Burning Period – Delegation of Powers by a Local Authority.
5.3.11	Fire Protection Measures for New Subdivision Development.
5.3.12	Bush Fire Advisory Committee – Constitution.
5.3.19	Fire Roadside Signage.
5.3.20	Brigade Amalgamations.
5.3.21	Bush Fire Brigade Member Training.

Council is therefore requested to consider rescinding the identified policies. A copy of each Council Policy that is proposed for rescission is appended.

APPENDICES: 9.7.3(A) TO (G)

Further commentary on why these polices are no longer required is provided in the comment section below.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The policies have been reviewed to ascertain whether they remain effective for the propose for which they were originally adopted. It is noted that the policies relate to operational matters or are now covered by State Policy or administrational Fire Operational Guidelines.

Policy	Officer Comments
5.3.1 Authority to Incur Expenses.	Each bushfire season the Shire of Manjimup rosters on Shire Officers to perform the role of Fire Duty Officer in accordance with Shire of Manjimup Enterprise Agreement 2019 – 2022 Section 23.3 Fire Duty Officer. Additionally Fire Operational Guideline 1.2 - Fire Duty Officer provides effective guidelines and responsibilities. Namely the purchasing requirements needed when there is an incident. Each Fire Duty Officer has purchasing authority. Recommendation: Rescind Policy 5.3.1
5.3.4 Restricted and Prohibited Burning Period Delegation of Powers by a Local Authority.	The policy is now covered by delegation and additionally the Shire of Manjimup Fire Operational Guideline 1.3 - Prohibited and Restricted Burning Period Extension. Which outlines a decision making process for the Chief Executive Officer, staff and Chief Bush Fire Control Officer. Recommendation: Rescind Policy 5.3.4
5.3.11 Fire Protection Measures for New Subdivision Development.	All new subdivision development applications are governed by the Western Australian Planning Commission’s State Planning Policy 3.7 - Planning in Bushfire Prone Areas. Shire Officers assess the fire protection measures using the State Policy and Guidelines, with requirements reflected through comment on applications for subdivision, or applications for planning approval as applicable. Recommendation: Rescind policy 5.3.11
5.3.12 Bush Fire Advisory Committee Constitution.	The policy is covered by the Bush Fire Advisory Committee Terms of Reference and Shire of Manjimup Standing Orders Local Laws 2013. Additionally Section Three of the Bush Fire Brigade Operational Procedures 2020 – 2025 outlines the Functions, Terms of Reference, Communications with Brigades and Reporting to the Bush Fire Advisory Committee. Recommendation: Rescind Policy 5.3.12
5.3.19 Fire Roadside Signage.	The policy is covered by Shire of Manjimup Fire Operational Guideline 2.1 - Reserve Burning and approved Traffic Management Plans. Recommendation: Rescind policy 5.3.19

5.3.20 Brigade Amalgamations.

The policy is covered by the Bush Fire Advisory Committee Terms of Reference, Section 41 of the Bush Fires Act 1954 and the Shire of Manjimup Bush Fire Brigade Operational Procedures 2020 – 2025.

Recommendation: Rescind Policy 5.3.20

5.3.21 Bush Fire Brigade Member Training.

The policy is covered by Section 3.1.1 and 3.1.2, of the Shire of Manjimup Bush Fire Brigade Operational Procedures 2020 – 2025, which outlines the minimum training standards for an Active Fire Fighter and Fire Control Officer.

Recommendation: Rescind Policy 5.3.21

Given the policies are not required in order to ensure the Shire meets it’s legislated obligations and/or their content is addressed through other means, rescission of the policies are recommended.

STATUTORY ENVIRONMENT:

The requirements of the policies listed are covered by State Planning Policy formed under the Planning and Development Act 2005, Local Laws or other policy and documents adopted by the Shire pursuant to the Local Government Act 1995 and/or Bush Fires Act 1954.

Policy / Strategic Implications:

The policies relate to operational matters or are covered by other means, rather than identifying a strategic direction of Council. Operational matters are best addressed through Management Policy or Standard Operational Procedures rather than using the Council Policy format. Rescission of the policies will not have a strategic impact, nor will it affect the day-to-day operations of the Shire.

Organisational risk management:

There is no risk to the organisation caused by rescinding these policies as all policies tabled are covered by State Government Policy, Shire of Manjimup Bush Fire Brigade Operational Procedures 2020 – 2025 and/or Shire of Manjimup Fire Operational Guidelines.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council rescind the following policies as shown at Appendices: 9.7.3(A) to (G):

a) 5.3.1 - Authority to Incur Expenses;

b) 5.3.4 - Restricted and Prohibited Burning Period Delegation of Powers by a Local Authority;

c) 5.3.11 - Fire Protection Measures for New Subdivision Development;

d) 5.3.12 - Bush Fire Advisory Committee - Constitution;

e) 5.3.19 - Fire Roadside Signage;

f) 5.3.20 - Brigade Amalgamations; and

g) 5.3.21 - Bush Fire Brigade Member Training.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28264

That Council rescind the following policies as shown at Appendices: 9.7.3(A) to (G):

a) 5.3.1 - Authority to Incur Expenses;

b) 5.3.4 - Restricted and Prohibited Burning Period Delegation of Powers by a Local Authority;

c) 5.3.11 - Fire Protection Measures for New Subdivision Development;

d) 5.3.12 - Bush Fire Advisory Committee - Constitution;

e) 5.3.19 - Fire Roadside Signage;

f) 5.3.20 - Brigade Amalgamations; and

g) 5.3.21 - Bush Fire Brigade Member Training.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.3 Retrospective Application for Approval to Gas Cylinder Storage and Ramp at Lot 14 (5) Guppy Street, Pemberton

PROPONENT	Kleenheat Gas
OWNER	Top Ten Investments
LOCATION / ADDRESS:	Lot 14 (5) Guppy Street, Pemberton
WARD:	West
ZONE:	Town Centre – Commercial
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/165; P50253
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	21 October 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to determine a retrospective development application for Gas Cylinder Storage and Ramp at Lot 14 (5) Guppy Street, Pemberton. A location plan is shown below, whilst an aerial photograph of the site (taken prior to the development) and a copy of the proposed site plan are shown attached.

ATTACHMENT: 9.5.3(1)

LOCATION PLAN

The lot has an area of 1,011m² and contains a carpark and the now existing Gas Storage facility, which is connected to the Pemberton IGA Store. A residential property abuts the site to the north east and the property is located opposite St Joseph’s Primary School.

In March 2018, Council refused an application for a Gas Storage Facility for the following reasons:

a) The proposed method of egress to and from the site is not acceptable given that the associated vehicle crossovers pass in front of adjacent properties; and

b) The proponent has failed to demonstrate how suitable access to the development could be established given the turning circles required for commercial vehicles associated with the activity.

A copy of the refusal, including the then proposed site plan is shown as Appendix A.

APPENDIX: 9.5.3(A)

Subsequently conditional approval for a Gas Storage Facility was granted under delegated authority once the previous access issue was addressed. A copy of the delegated conditional development approval provided at Appendix B.

APPENDIX: 9.5.3(B)

It has since come to the attention of Shire Officers that the now constructed storage facility, was not constructed in accordance with the approved plans. By way of summary, the storage facility has been constructed with a nil setback to the Guppy Street frontage, with the verge being used for truck deliveries and customer loading area.

The application is presented to Council for determination as the applicants are seeking approval to the development as constructed and Shire Officers do not have delegated authority for retrospective applications.

PUBLIC Consultation Undertaken:

The current application, as a retrospective proposal is not required to be advertised. It should however be noted that the previous application was advertised for comment, with no submissions received.

COMMENT (Includes Options):

The provisions of the Shire’s Local Planning Scheme No 4 (the Scheme) includes the land within the Town Centre Zone. A Gas Bottle Storage area is an “A” use within the Town Centre Zone. That is a use, which is “not permitted unless the local government has exercised its discretion by granting planning approval.” To assist Council in determining the application, the following comments are offered:

Zone Purpose

The purpose of this zone is ‘to provide for the establishment and ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of surrounding areas’.

Planning Precinct Provisions

The subject land is located within Pemberton Planning Precinct No 5 relating to the Pemberton Town Centre. As outlined within Schedule 8 of the Scheme, planning within the precinct should provide for, amongst other things:

· provide for a broad range of commercial, tourist, residential / short-stay residential and other compatible uses; and

· allow expansion of the town centre into the residential area along Guppy Street when demand requires but encourage retail uses to remain on Brockman Street - and less intensive uses (such as offices) to develop along Guppy Street.

Development of a gas bottle storage facility is therefore compatible with the provisions relating to the Planning Precinct.

Setbacks

Clause 5.32.2.1(iv)(c) of the Scheme identifies that a zero setback from the front boundary may be permitted. This however only “where landscaped and paved pedestrian areas are to be provided adjacent to the front boundary and the local government is satisfied that adequate arrangements have been made in regard to access, car parking, circulation of traffic, safety, servicing and loading and unloading.”

In this case, the development as constructed does not make any allowance for access, car parking, and circulation of traffic, servicing and loading or unloading within the property. Approval to the application therefore requires a relaxation of clause 5.32.2.1.

Access for Loading and Unloading Vehicles

In accordance with clause 5.18.4 of the Scheme, within non-residential zones:

(i) no land or buildings shall be developed unless provision is made for an area clear of the street for the purpose of loading or unloading goods or materials;

In this case as the development has been constructed in a manner where the loading and unloading of vehicles cannot be contained within the property, approval to the application requires a relaxation of clause 5.18.4 (i).

The egress area for the unloading and loading of tanks has been assessed by the Shire’s Acting Manager of Technical Services. It has been requested that in the event Council wishes to approve the development, the applicant be required to construct a turning lane/loading bay as per the submitted plans.

Retrospective Approval

In accordance with clause 8.6.1 of the Scheme, “the local government may grant planning approval to a use or development already commenced or carried out regardless of the date; if the development conforms to the provisions of the scheme.

It should be noted however that as stated in clause 8.6.2, “Development which was unlawfully commenced is not rendered lawful by the occurrence of any subsequent event except the granting of planning approval, and the continuation of the development unlawfully commenced is taken to be lawful upon the grant of planning approval.” As the development was constructed contrary to the plans that were conditionally approved by the Shire, the development may only be made lawful from this point if planning approval is granted.

Variation of Standards

In accordance with Part 5.5.1 of the Scheme, “if a development is the subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme, the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit”.

As prescribed by clause 5.5.3, the power conferred clause 5.5.1 may only be exercised if the local government is satisfied that:

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

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

In this case, the relaxation of requirements relating to the loading and unloading of vehicles is not supported, given the close proximity of the school and the potential for the activity to result in traffic conflicts, particularly during school drop off and pick up hours. Approval to the use of the verge would also prejudice future work programs relating to the bicycle and footpath networks as outlined below.

Impact on Local Bicycle and Footpath Plan

The Shire of Manjimup’s Local Bicycle and Footpath Plan 2017-2027 was adopted by Council at its Ordinary Meeting on 3 May 2018. The purpose of the plan is to guide future works on the Shire’s bicycle and footpath network to provide a safe, comfortable, attractive, sustainable and integrated network.

As outlined within the Plan, it is identified that the Shire intends to construct a new 2.5 metre dual use path along the northern side of Guppy Street between Dean and Ellis Streets. Approval to the application would essentially prevent the construction of this path and prejudice future infrastructure in the area.

Legal Precedent

In considering the application as submitted, it is recommended that Council be mindful of the potential for a legal precedent to be created where developments rely on the adjacent verge for commercial deliveries and or customer loading areas.

Directions Regarding Unlawful Development

In accordance with section 214 of the Planning and Development Act 2005 and part 11.7 of the Scheme, the local government may give notice to stop and not recommence, remove, pull down or alter an unauthorised development. The clause identifies that 60 days is the prescribed as the notice period.

It is recommended that the application be refused and the applicant be given a direction to make the proposal compliance with the plans previously approved by Council, or remove the facility within 60 days.

Conclusion

The existing development has been constructed contrary to the plans previously approved by the Shire, which has resulted in the Guppy Street road verge being used. As detailed in the comment section above, it is strongly recommended that the retrospective application be refused and the applicant be required to either modify the facility to comply with the previously approved plans, or remove the facility.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Should Council grant approval to the retrospective application, there are risks that:

a) The development will prevent implementation of the Shire of Manjimup Bicycle and Footpath Plan 2017-2027; and

b) A legal precedent will be created where developments may seek to rely on the use of Shire road verge for commercial vehicle deliveries and loading areas.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The gas storage facilities provides a service to the greater Pemberton community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 refuse to grant retrospective development approval for the Gas Cylinder Storage and Ramp as Lot 14 (5) Guppy Street, Pemberton (Application TP151/2020) in accordance with the plans and specifications as submitted for the following reasons:

a) The development as submitted does not comply with the requirements for provisions to be made for the loading and unloading of vehicles as set out in clause 5.18.4 of Local Planning Scheme No 4;.

b) Approval to the application as submitted would be contrary to the considerations outlined within clause 5.32.2.1 of Local Planning Scheme No 4;

c) Continued operation of the facility as constructed will prevent the Shire of Manjimup constructing a new 2.5 metre dual use path as proposed within the Shire of Manjimup Bicycle and Footpath Plan 2017-2027; and

c) Approval to the application as submitted would create an undesirable precedent for the approval of commercial developments that rely on the use of a road verge for commercial vehicle deliveries and customer loading areas.

2. Pursuant to clause 11.7.1 of the Scheme issue and order requiring the now existing development to be modified within 60 days so as to comply with the Shire of Manjimup’s previous letter of conditional approval dated 6 August 2020 or otherwise cease the activity and remove the infrastructure.

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Lawrence, K

28267

That Council:

a) The development as submitted does not comply with the requirements for provisions to be made for the loading and unloading of vehicles as set out in clause 5.18.4 of Local Planning Scheme No 4;.

b) Approval to the application as submitted would be contrary to the considerations outlined within clause 5.32.2.1 of Local Planning Scheme No 4;

As there was no speakers against the motion the presiding officer declared the item carried. The motion was carried unanimously.

ATTACHMENT

9.16.1 Unconfirmed Minutes of the Road Infrastructure Advisory Committee Meeting, 15 October 2020

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180208
LEGISLATION:	Local Government Act 1995
AUTHOR:	Debbie Whittle
DATE OF REPORT:	21 October 2020
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to consider the minutes of the Road Infrastructure Advisory Committee meeting held on 15 October 2020. The purpose of the Committee is to review the Shire’s road infrastructure components of the 10 year Forward Capital Works Plan and to review and amend the Shire’s annual Infrastructure Works budget. A copy of the minutes are attached.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The committee considered and discussed a number of issues relating to the sealing of unsealed lanes and roads within the Shires town sites. As well as discussing progress on the Committee’s intent to seal Old Vasse Road, other road and footpath related items were also considered. There are two committee recommendations that require Council’s consideration and six committee recommendations for Council’s notice.

Committee Recommendation	Officer’s Comment
Pending the provision of an inventory and cost estimate of other unsealed roads in the Shire, the Road Infrastructure Advisory Committee will then make a decision on priority of sealing Richards Street, Manjimup.	Supported and dealt with administratively.
The Manager of Technical Services to report back to the Committee with a cost estimate of a pedestrian refuge on Rose Street, Manjimup and write to Dr Davies advising of progress of the request.	Supported and dealt with administratively.
The Director Works and Services to prepare for the Committee an appropriate scoring hierarchy to address priority of road infrastructure requests.	Supported and dealt with administratively.
That the reseal of Johnston Crescent (north) be considered by Council for funding consideration from this year’s unallocated Reseal-Unsealed Roads in Townsites budget and investigation to take place for disability access funding.	Supported and included in the recommendations of this report to Council.
That the Shire continue to maintain the footpath on the corner of Locke Street and Rose Street, Manjimup and include on the list for next review of the Shire’s Forward Capital Works program.	Supported and dealt with administratively.
That the Committee approve the Shire’s involvement in the demonstration offered by WALGA for accreditation to International Standards for Road Traffic approve the Shire’s involvement in the demonstration offered by WALGA for accreditation to International Standards for Road Traffic and Safety Management Systems. Safety Management Systems.	Supported and included in the recommendations of this report to Council.
Prior to further considering the safety amendments to the Timber Arch as proposed by Main Roads WA, request Main Roads WA amend the design so as not to include solid or continuous barriers.	Supported and dealt with administratively.
The committee does not support a speed reduction on Graphite Road, despite the recent run-off-road accident between West Boundary Road and Ring Bark Road.	Supported.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Shire of Manjimup Long Term Financial Plan.
Council Policy 9.1.14 Road Hierarchy.

Organisational risk management:

The Road Infrastructure Advisory Committee reduces risk to the organisation by meeting to ensure effective planning, budgeting and works are undertaken for the Shire’s road infrastructure.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the minutes of the Road Infrastructure Advisory Committee meeting held on 15 October 2020, as per Attachment: 9.16.1(1);

2. Reseal Johnson Crescent (north), Manjimup using the Council approved 2020/21 unallocated Reseal-Unsealed Roads in Townsites budget, as detailed in the table below; and

Description

Current Budget

Proposed Budget

Variation

Reseal – Unsealed Roads in Town sites (unallocated)

Reseal – Unsealed Roads in Town sites (Johnston Crescent - north)

$135,000

($135,000)

$135,000

Net Rate Funds

3. Approve the Shire’s involvement in the demonstration offered by WALGA for accreditation to International Standards for Road Traffic Safety Management Systems.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28269

That Council:

1. Receive the minutes of the Road Infrastructure Advisory Committee meeting held on 15 October 2020, as per Attachment: 9.16.1(1);

2. Reseal Johnson Crescent (north), Manjimup using the Council approved 2020/21 unallocated Reseal-Unsealed Roads in Townsites budget, as detailed in the table below; and

Description

Current Budget

Proposed Budget

Variation

Reseal – Unsealed Roads in Town sites (unallocated)

Reseal – Unsealed Roads in Town sites (Johnston Crescent - north)

$135,000

($135,000)

$135,000

Net Rate Funds

3. Approve the Shire’s involvement in the demonstration offered by WALGA for accreditation to International Standards for Road Traffic Safety Management Systems.

CARRIED: 11/0

ATTACHMENT

APPENDIX

9.16.2 Unconfirmed Meeting Notes of the Northcliffe Town Centre Revitalisation Advisory Committee Meeting held on 13 October 2020

PROPONENT	Northcliffe Town Centre Revitalisation Committee
OWNER	N/A
LOCATION / ADDRESS:	Northcliffe Town Centre
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170455
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	22 October 2020
DECLARATION OF INTEREST:	Nil

Background:

The Northcliffe Town Centre Revitalisation Committee is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. In accordance with the adopted Terms of Reference, the functions of the committee are:

1. Identification of opportunities for space activation within Northcliffe townsite;

2. Liaison with other relevant community groups and / or service agencies over potential art or cultural projects;

3. Assisting Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct;

4. Assist co-ordinating community participation; and

5. Communicate and inform the local community about activities of the Committee.

A copy of the current Terms of Reference are appended.

APPENDIX: 9.16.2(A)

Whilst the committee could not achieve a quorum, due to a number of community representative positions remaining vacant, an informal meeting was held on 13 October 2020 where potential nominees for the Committee were encouraged to attend.

The purpose of this agenda item is to receive and note the Meeting Notes of that meeting. A copy of the notes taken of the meeting are attached.

ATTACHMENT: 9.16.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Terms of Reference adopted at Council’s ordinary meeting of 24 October 2019 included five vacant positions for Community Representatives. Whilst Shire Officers have previously advertised these vacancies, they currently remain vacant and a quorum is yet to be achieved. This has prevented formal meetings of the committee being held since October 2019.

Following the informal meeting of the committee, four new nominations for the positions of Community Representatives have now been received. The four nominations received are as follows:

· Sonia Hycza

· Joanne Tatarynowicz;

· Mark Edwards; and

· Penny Wood.

It is recommended that Council accept all four nominations to the committee and adopt a revised Terms of Reference accordingly. Should Council support the nominations a formal meeting of the committee will be arranged for late November or early December.

ATTACHMENT: 9.16.2(2)

STATUTORY ENVIRONMENT:

Local Government Act 2005.

Policy / Strategic Implications:

The Northcliffe Town Centre Revitalisation Committee provides the Shire of Manjimup with a vital tool and local input into planning for improvement works and space activation within the Northcliffe townsite.

Revitalisation of the Northcliffe Town Centre will ensure that the town is accessible, attractive and inviting, whilst maintaining its unique character, consistent with Community Goal 4.4 as identified in the Shires Strategic Community Plan 2019 - 2029.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: The Committee assists the Shire identifying future improvement works within the town.

Economic: By addressing opportunities for space activation within the town centre, operation of the committee ensures opportunities for economic development are maximised and that local businesses will benefit.

Social: In accordance with the terms of reference, a key element of the committee’s role is to ensure community involvement in future development programs.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive and note the informal minutes of the Northcliffe Town Centre Revitalisation Advisory Committee held on 13 October 2020 as Attached at 9.16.2(1);

2. Make the following appointments as community representatives to the Northcliffe Town Centre Revitalisation Advisory Committee for the period to 16 October 2021;

· Sonia Hycza;

· Joanne Tatarynowicz;

· Mark Edwards; and

· Penny Wood.

3. Adopt the revised Terms of Reference for the Northcliffe Town Centre Revitalisation Advisory Committee as shown at Attachment: 9.16.2(2)

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

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That Council:

1. Receive and note the informal minutes of the Northcliffe Town Centre Revitalisation Advisory Committee held on 13 October 2020 as Attached at 9.16.2(1);

2. Make the following appointments as community representatives to the Northcliffe Town Centre Revitalisation Advisory Committee for the period to 16 October 2021;

· Sonia Hycza;

· Joanne Tatarynowicz;

· Mark Edwards;

· Penny Wood;

· Fiona Sinclair; and

· Shashi Richards.

3. Adopt the revised Terms of Reference for the Northcliffe Town Centre Revitalisation Advisory Committee as shown at Attachment No 9.16.2(2), subject to the following modifications:

a) Modification of the membership to identify a total of 7 community representatives and a total of 11 members;

b) Modification of the Current Members section to include Fiona Sinclair and Shashi Richards as community representatives.

CARRIED: 11/0

10. LATE REPORTS

L.1 Request to Reconsider the One Third Contribution From Local Government's Towards Main Roads Western Australia Regional Road Group Projects

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Works and Services
FILE REFERENCE:	F160262
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	29 October 2020
DECLARATION OF INTEREST:	Nil

Background:

The State Government, through Main Roads Western Australia (MRWA) Regional Road Group (RRG) provides funds to local government to assist with road preservation and/or road improvement projects on the basis that the local government is able to match 33% of the funding.

This often places a significant financial burden on local governments like the Shire of Manjimup with large road networks who have to maintain or improve local distributor and freight link roads. Recently, MRWA has been exacerbating the issue of deterioration of roads by increasing the ability for larger and heavier vehicles to use local roads, creating greater impacts on the road network.

The purpose of this report is to initiate an action through the Western Australian Local Government Association (WALGA) to advocate on behalf of Western Australian local government for a better deal that reduces the financial burden and ensures State road funding is fully utilised each year.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Data from the Local Governments Grant Commission identifies a breakdown of expenditure by Western Australian local governments used towards maintaining their road infrastructure assets. The funding sources include local governments own source funding, Financial Assistance Grants and other available funding sources. The graph below shows the 18% gap in funds available for expenditure on maintaining these critical assets, identified as the “Asset Preservation Gap”. It should also be noted that currently the State’s Asset Preservation Model has a surplus of $133M along with the RRG budgets often showing surplus at the end of each year.

The State and local governments need to have appropriate strategies to maximise funds to ensure the local government road assets are preserved or improved to create safe road networks for mixed classes of vehicles. Unspent State funding in road programs from year to year has significant potential to jeopardise the size of future road funding pools and this would not be a satisfactory outcome given the rate of road deterioration across the State.

Precedence has been set with discussion at RRG Elected Members meetings regarding this issue and how local governments with small rate bases and large road networks are at a significant disadvantage by having to provide 33% of contributing funds. By allowing a reduced local government contribution, it is more likely the RRG’s will fully expend their budgets and local government will provide greater outcomes leading to safer road networks. Options to address this issue for Council’s consideration include:

1. Advocate to the State to remove any requirement for local government contribution for all approved RRG projects;

2. Advocate to the State to remove the co-funding contribution requirement for reallocated funding that has been returned to the funding pool during the course of a year;

3. Advocate to the State to reduce the required 33% local government contribution to 15% for all RRG projects.

It is considered that option 3 provides a reasonable compromise that has the highest probability of obtaining support and this is therefore recommended to Council for decision.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

The Shire’s Corporate Business Plan 2020-2024 identifies actions:

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

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

Organisational risk management:

Currently the Shire is unable to completely maintain its road infrastructure asset. By not providing strategies that allow for greater expenditure on the asset the Shire delays preserving or improving its distributor and other significant local road network.

Financial Implications:

By reducing the requirement to provide the full one third funding for all RRG projects, the Shire will be able to efficiently and effectively improve its road network, allowing for safer and more efficient travel on roads with mixed vehicles.

Sustainability:

Environmental: Nil.

Economic: Reducing the required contribution for funding increases the overall expenditure on preserving or improving the significant and distributor roads road network.

Social: The Shire is able to provide more safe and efficient roads to its businesses, industries, residents and visitors.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Endorse the proposal to reduce the 33% contribution to 15% for all approved Main Roads Western Australia Regional Road Group projects; and

2. Request that the Western Australian Local Government Association give consideration to this matter by advocating on behalf of local government in Western Australia in accordance with point 1) above.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Tapley, D

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That Council:

1. Endorse the proposal to reduce the 33% contribution to 15% for all approved Main Roads Western Australia Regional Road Group projects; and

CARRIED: 11/0

ATTACHMENT

L.2 Proposal to Establish an RAC Electric Car Charging Station in Pemberton

PROPONENT	RAC (WA) / Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Reserve 21116 (167) Brockman Street, Pemberton
WARD:	West
ZONE:	Parks and Recreation
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161142
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	2 November 2020
DECLARATION OF INTEREST:	Nil

Background:

For the past year the Chief Executive Officer has been in negotiation with RAC (WA) to create a partnership to provide an electric car charging station in the district as part of the RAC Electric Highway initiative.

After consideration of multiple sites in both Pemberton and Manjimup, agreement has finally been reached between RAC (WA) and the Shire of Manjimup (Shire) for a site in the car park on Reserve 21116 (167) Brockman Street, Pemberton opposite the Pemberton Hotel.

This site was chosen as being the most cost effective due to the very close proximity to the electricity supply for access and being located in an existing carpark. The other major influence on the location is that this site will now provide the lowest point in a triangular arrangement with Nannup and Bridgetown in the RAC Electric Highway.

The purpose of this report is for Council to consider the final location of the RAC Electric Charge Station, and if supported, endorse the draft contract to enable the project to proceed immediately as the approval processes can take some time.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Council has received a number of briefings about the potential location of the RAC Electric Charge Station from the Chief Executive Officer. The final location as proposed has been previously discussed. The proposed location was subjected to a number of preliminary checks to ensure the electricity system is sufficient and the RAC Electric Charge Station is permissible.

After due diligence had been completed for the site, to immediately progress this initiative RAC (WA) have requested the Shire consider a draft partnering agreement to formalise the arrangement. The partnering agreement is a standard agreement with Local Government provided under the RAC Electric Highway initiative.

ATTACHMENT: L.2 (1)

Shire officers have thoroughly reviewed the partnering agreement and consider the agreement to be quite favourable to the Shire. In summary the RAC (WA) will supply and install the device at their expense. The Shire will then assume an ownership responsibility for management, utility costs, inspection and minor maintenance. RAC (WA) may provide assistance for any major maintenance issue that arises in the future. It is expected that the Shire will establish a charging arrangement for users to offset costs once the electric charge station is operational.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 enables the Shire to operate as an entity and enter into contracts with other parties.

Policy / Strategic Implications:

Being part of the RAC Electric Highway initiative is another example of the Shire addressing outcomes for the Strategic Community Plan 2019-2029:

A9. Encourage design features, development practices and behaviours that demonstrate best practice water and energy efficiency.

C1. Encourage colocations, partnerships and resource sharing to deliver community services.

Organisational risk management:

The RAC Electric Highway initiative is a popular electric car project that the Shire should be enthusiastic to be part of as it demonstrates leadership in environmental opportunity.

Financial Implications:

Given the nature of the partnering agreement there is limited financial risk to the Shire of Manjimup. Ongoing costs should be offset by user charges once operational.

Sustainability:

Environmental: Electric car charge stations are considered to be a futuristic direction to reduce reliance on fossil fuels.

Economic: Technology improvements have considerably reduced the cost of electric cars and this is expected to continue in future years where electric cars will become more common.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Agree to a RAC Electric Car Charge Station being installed on Reserve 21116 (167) Brockman Street, Pemberton; and

2. Endorse the partnering agreement between RAC (WA) and the Shire of Manjimup as per Attachment: L.2(1).

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Lawrence, K

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That Council:

1. Agree to a RAC Electric Car Charge Station being installed on Reserve 21116 (167) Brockman Street, Pemberton; and

2. Endorse the partnering agreement between RAC (WA) and the Shire of Manjimup as per Attachment: L.2(1).

CARRIED: 11/0

ATTACHMENT

L.3 Finalisation of the Expression of Interest Process to Lease 5D Brockman Street, Manjimup for a Food and/or Beverage Related Tenancy

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	5D Brockman Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F190086
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	2 November 2020
DECLARATION OF INTEREST:	Nil

Background:

In 2016 the Shire of Manjimup purchased Lot 303 (formerly Lot 43) Brockman Street, Manjimup comprising a total floor area of 774m² over two stories and four separate retail spaces, being tenancies 5A, 5B and 5C on the bottom floor and 5D upstairs. The purpose of the acquisition was for:

1. a short term opportunity to create a Community Information Office and Project Management Office during the course of the Revitalisation of Manjimup’s Town Centre Project from two of the bottom floor retail spaces (5A and 5B); and

2. a medium term opportunity encourage hospitality providers to the Brockman Street Food and Beverage precinct being developed under the Revitalisation of Manjimup’s Town Centre project.

Retail space 5A and 5B, being one combined lease, are leased to a commercial food and beverage provider and 5C is leased to a commercial food provider, with both paying commercial lease fees to the Shire of Manjimup. Retail space 5D is the upstairs tenancy of 356m², previously used for martial arts training but vacant since 30 June 2019.

The opportunity to lease 5D for a commercial food and/or beverage operator provided a situation whereby an Expression of Interest (EOI) process was considered more advantageous than a Request for Tender process as the scope of any EOI could be broad and there are possibly multiple scenarios that may form part of any submission. In addition, as a potential retail space 5D is not currently up to the standard required for commercial tenancy with significant works required by the Shire of Manjimup, as lessor, to make it suitable and this may be potentially negotiated through an EOI process.

At the Council meeting 13 February 2020 Council resolved:

Moved: Eiby, W Seconded: Lawrence, K

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That Council:

1. Endorse the approach to conduct an Expression of Interest process for the commercial tenancy of 5D Brockman Street, Manjimup for the provision of food and/or beverage;

2. Seek a market valuation for the commercial leasehold of 5D Brockman Street, Manjimup to be used as part of the Expression of Interest process; and

3. Await a further report about this matter at the end of the Expression of Interest process.

ADOPTED BY EN BLOC RESOLUTION: 11/0

EOI documentation was produced after the market valuation was obtained from Landgate on 31 March 2020.

ATTACHMENT: L.3(1)

A market value for 5D Brockman Street was obtained from Landgate and is attached. The market rental range determined was $90m² to $110m² ($35,000 to $43,000 (ex GST)) plus outgoings. Due to the delays with COVID-19 and a determination of grant funding, the valuation is slightly outside of the six month currency period prescribed by the Local Government Act 1995 however Council can still declare this as a true indication of market value as part of any resolution on this matter.

ATTACHMENT: L.3(2)

The purpose of this report is for Council to consider the outcome of the EOI process.

PUBLIC Consultation Undertaken:

The EOI was advertised in the West Australian Newspaper on 6 May 2020, the Manjimup Bridgetown Times on 6 May 2020 and 13 May 2020, and the Shire website and public notice boards from 6 May 2020 to 26 June 2020. The EOI closed at 3.00pm 26 June 2020. At the time of EOI closure one submission had been received.

COMMENT (Includes Options):

Submission

During the EOI process one submission was received from Greg and Joy Hamlyn (applicants). The submission was compliant with all required elements of the EOI process and was accepted for consideration.

The applicants have considerable hospitality experience owning and operating an existing business known as Mudstone Spa Retreat in Yeagarup in addition to have worked in several hospitality premises in the district and elsewhere in Western Australia. They were drawn to the 5D Brockman Street opportunity whilst being heavily involved in the design and fit-out of 5A and 5B Brockman Street known as “Cilantros”.

The applicants propose to create a Bar and Function Centre known as “GATSBYS”. The proposal focuses on Weddings, Parties, Conferences, Festivals, Special Events in addition to proposing to operate a bar with live music on Friday and/or Saturday nights depending on public demand.

The premises is proposed to be designed to cater for up to two hundred people and the concept will consist of three main areas:

· Foyer: 1800’s style with a reception, food and beverage bar;

· Main Lounge: Art Deco design with a stage, dance floor, cocktail style seating and bar; and

· Balcony: Garden style bar and seating area with wrought iron furnishings.

Other conceptual features will include a kitchen and pizza oven able to be utilised by venue hirers for their own food preparation, opportunities for Australian music artists to perform, and a grand piano to add to the ambience of the venue. The applicants propose to spend $160,000 (ex GST) of their own money on the fit-out.

Since the closure of the EOI the Shire has quantified to prospective economic benefit of the proposal via an Economic Impact Assessment for the purposes of seeking grant funding. Further details can be found under the heading “Grant Opportunities”.

It must be identified at this point that the applicant’s submission is based on a concept that is subject to available Shire funding and building construction barriers and restrictions under the Building Act 2011. This process is not expected to be easy and certain elements will still need to be agreed between the applicants and the Shire in the design phase before it could move to the construction phase.

On the basis of the submission of the applicants, the Chief Executive Officer is confident that 5D Brockman St will go a long way to enhancing the Shire’s strategy to invigorate the Brockman Street Food and Beverage Precinct.

Applicants Offer

The applicants have offered the following for the commercial rent of 5D Brockman Street, Manjimup:

Rent: $32,040 (ex GST) per annum plus outgoings (excluding Shire Rates).

Term: Two years with two further options of five years each.

Discount: Year one (from business opening) – rent free

Year two (from business opening) – 50% waiver: $16,020 (ex GST)

Year three to seven (option) - $32,040 (ex GST)

Year eight to twelve (option) - $32,040 (ex GST)

Officer comment on offer

With the impact of COVID-19 and uncertainty in economic conditions, the applicants offer, albeit slightly less than the potential market value determined by Landgate, is considered reasonable in terms of initial value and discounts in the first two years of operation.

In order to apply consistency with other Shire held commercial lease arrangements, it is recommended that Shire Rates are applicable to the lease, Perth Consumer Price Index (PCPI) adjustments are applied to the lease value from year four of the lease and a market review of the lease occurs for year eight of the lease.

Council should note that the EOI offered a term of five years plus five years. The applicants have requested two years (from business opening) plus two further options for five years. It is understood the applicants are wanting to obtain some surety in their business model before committing to longer lease terms and this is considered to be reasonable. The risk to the Shire of the applicants only operating two years before withdrawing from the arrangement can be offset by the knowledge that the Shire’s investment in the building will still remain and be a highly desirable commercial tenancy likely to attract other operators.

The final consideration in this matter is the commencement term of the lease. The applicants have requested the commencement of the lease when the business is operating. It is anticipated that the construction phase of the project could take between six months to one year to complete. To overcome any doubt as to when the commencement date is, it is recommended that the lease commencement date is when the Shire obtains the Occupancy Permit under the provisions of the Building Act 2011.

Building Condition

The condition of the internal of 5D Brockman Street could be fairly described as old, missing essential items, requiring some structural maintenance improvements, not access compliant (requires a lift and access compliant ablutions) and generally requires significant works to upgrade. The condition of the building was the major reason why the Shire undertook an EOI process in that it allows for a negotiation on what is essentially a “blank canvas”.

In preparation for the Shire’s annual budget, an estimation of cost of works was undertaken by Shire officers. It was estimated that the project costs to create a space suitable for commercial tenancy would be in the order of $400,000 (ex GST). To test this “in house” estimation, in August 2020 the Shire obtained an independent quote from a local builder who quantified the job at $415,909 (ex GST). On this basis it would be prudent to allocate $420,000 (ex GST) to the project.

Budget

In the 2020/21 Annual Budget Council allocated $270,000 (ex GST) toward the project with an expectation of trying to leverage $130,000 (ex GST) from a grant source. Since the peer review of the project funding in August 2020 by a local builder, it is recommended that $150,000 (ex GST) should be the additional target amount above existing confirmed budget to complete the works.

Grant Opportunities

The Regional Economic Development grants (REDs) administered by the South West Development Commission (SWDC) was the opportunity identified as being the most likely grant funding source for the project, especially with COVID-19 reducing opportunities. The REDs process closed on 7 July 2020 and decisions were finally announced on 30 October 2020. The 5D Brockman Street proposal grant application was unsuccessful.

It was extremely disappointing that the very strong application made by the Shire was not supported by the SWDC. The reason for the disappointment was the project was 67.5% funded by the Shire and only sought 32.5% of grant funding or $130,000 (ex GST). In preparation for the REDs grant process the Shire commissioned Lucid Economics to complete an assessment of the submission via an Economic Impact Assessment (EIA).

The EIA projected that once in steady state operation, the EOI proposal was likely to create a Gross Regional Product of $1.4M per annum and create up to 14 jobs. Even if the projections of Lucid Economics were conservatively halved, this is still a very significant positive economic stimulus for the local economy. The strength of the projected economic benefits of the project make the unsuccessful grant funding application even more questionable.

The request to Council to make a decision on the EOI was delayed awaiting the outcome of the REDs grant and as this has now been determined it is only fair for the applicants that this matter is immediately determined, hence the late report to Council for the meeting of 5 November 2020.

New Funding Proposal

Without additional funding to make the total up to $420,000 (ex GST), the proposal submitted by the applicants is simply not viable and would be unlikely to go ahead. This would leave the Shire without an opportunity to redevelop the space.

In considering this matter further with the purpose to find a way to proceed, the Chief Executive Officer has reviewed the 2020/21 budget. As opportunity would have it, on the 30 October 2020 the Shire was advised by the Commonwealth Government that the Local Roads and Community Infrastructure program has been extended and an additional $848,157 of funding has been granted to the Shire on top of the $912,987 already provided.

This has now presented an opportunity if Council would like to proceed with the 5D Brockman Street project, on the proviso that at least $150,000 is allocated to Brockman Street upgrade between Rose Street and Bath Street from the additional Local Roads and Community Infrastructure program, $150,000 can be redistributed from the pre-existing loan for CBD Solar Efficiency / Upgrade of Brockman Street project within the existing 2020/21 budget. The loan purpose is compatible with the proposed improvements at 5D Brockman Street.

Conclusion

The EOI process has attracted a strong candidate that can be accommodated if sufficient funds are set aside to prepare 5D Brockman Street for commercial tenancy. The projected economic impact of providing a function centre, bar and live music venue in the Brockman Street Food and Beverage precinct is significant and will no doubt enhance the attractiveness of Manjimup as a destination. It would be also fair to say that if the applicants apply the same vigour to 5D Brockman Street as they did during the development of 5A and 5B, the outcome is likely to be fantastic.

STATUTORY ENVIRONMENT:

Section 3.58 of the Local Government Act 1995 outlines the process for the Local Government to dispose of property including leases. Leases are to be advertised for public comment for a minimum period of 14 days before Council can make a final decision.

Policy / Strategic Implications:

The strategy to create a Food and Beverage Precinct in Brockman Street, Manjimup is designed to attract more visitation to a vibrant Manjimup CBD and result in a greater retail spend and more local jobs. This proposal meets this strategy.

The Shire owns Lot 43 Brockman Street, Manjimup in freehold title creating an asset able to be sold in the future if desired.

Organisational risk management:

When entering commercial arrangements, the Shire needs to be conscious of not giving unfair commercial advantage to lessees.

Financial Implications:

It is anticipated that $420,000 (ex GST) would be required to upgrade 5D Brockman Street, Manjimup to a suitable condition to conform to the applicant’s submission. It is proposed that the funding for this can be derived from the 2020/21 budget.

If this proposal was to go ahead, it is expected that once all of the tenants of 5 Brockman Street, Manjimup are fully meeting their terms of their leases, the Shire will be receiving approximately $75,000 (ex GST) per annum in rental income. It is expected that a portion of this income will be set aside for building maintenance, portion applied to existing building loan repayments and a significant balance applied to consolidated revenue.

Sustainability:

Environmental: Nil.

Economic: The involvement of the Shire in encouraging occupancy in the Food and Beverage Precinct will have significant economic benefits to a number of commercial providers and suppliers in the region.

Social: The Food and Beverage Precinct is designed to provide an attractive and vibrant community space in the Manjimup CBD.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with s.3.58(4)(c)(ii) of the Local Government Act 1995 declare the Landgate property valuation dated 31 March 2020 as per Attachment: L.3 (2) as a true indication of the current value of 5D Brockman Street, Manjimup if the premises were to be improved and leased as part of this disposition;

2. Advertise its intent, for a minimum of 14 days, to lease 5D Brockman Street, Manjimup to ‘Easy Peel Pty Ltd’ trading as Gatsby’s Skyline under the following conditions:

a. Lease term to be two years with two further options of five years each;

b. Lease fees are initially established at $32,040 (ex GST) per annum subject to Perth Consumer Price Index adjustments commencing and continuing from year four of operation and a market review at the expiry of the first five year option of the lease (if the first of the five year options is exercised);

c. All applicable outgoings including Shire Rates are to be paid by the lessee;

d. The lease commencement date is to be when the Shire of Manjimup obtains an Occupancy Permit for the proposal under the Building Act 2011;

e. Lease fees and Shire Rates are to be waived for the first year after the lease commencement date;

f. A lease fee waiver of 50% and full Shire Rates are to apply in year two after the lease commencement date; and

g. Invite submissions from the public regarding the proposal.

3. Request the Chief Executive Officer provide a report back to Council for consideration after the statutory advertisement of the proposal;

4. Acknowledge that grant funding of $130,000 (ex GST) was unable to be secured under the Regional Economic Development Scheme program for the 5D Brockman Street, Manjimup project in accordance with the 2020/21 Annual Budget;

5. Amend the 2020/21 Annual Budget in accordance with the following table:

Item	Current	Proposed	Change
REDs Grant to Upgrade 5D Brockman St, Manjimup	($130,000)	$0	$130,000
Upgrade 5D Brockman St, Manjimup	$400,000	$420,000	$20,000
Solar Project / Brockman St Upgrades	$302,131	$152,131	($150,000)
		Net	$0

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Winfield, C

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