Agenda of Ordinary Council - 17 December 2020

SHIRE OF MANJIMUP – Council Meeting AGENDA

17 December 2020

Notice to all councillors

An Ordinary Meeting of Council is called for Thursday 17 December 2020 commencing at 5.30pm in the Council Chamber.

________________________

Andrew Campbell

Chief Executive Officer

9 December 2020

DISCLAIMER

The advice and information contained herein is given by and to the Council without liability or responsibility for its accuracy. Before placing any reliance on this advice or information, a written enquiry should be made to the Council giving the entire reasons for seeking the advice or information and how it is proposed to be used.

IMPORTANT MATTERS AFFECTING THOSE ATTENDING THE MEETING AND THOSE AFFECTED BY A DECISION OF THE MEETING.

1. Please note this meeting may be electronically recorded.

2. Decisions made in this meeting are unable to be acted upon by the person who has been granted the authorisation unless and until the decision is able to be implemented by the Chief Executive Officer and in any event not before the afternoon of the first business day following this meeting. If you are in any doubt about a decision please contact the Shire prior to making any commitments.

SHIRE OF MANJIMUP

Council Meeting Thursday 17 December 2020

To be held

In the Council Chamber

Commencing at 5.30pm

Agenda

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:

2. ANNOUNCEMENTS BY THE PRESIDENT:

I begin by acknowledging the Traditional Custodians of the land on which we meet today, and pay our respects to Elders past, present and emerging.

I also acknowledge the contributions of pioneers and group settlers who opened up this land and through their efforts allow us to enjoy the lifestyle we live today.

3. ATTENDANCE:

3.1 Apologies:

3.2 Approved Leave of Absence:

4. DECLARATIONS OF INTEREST:

[Part 5, Division 6 of the Local Government Act 1995 requires that a member must disclose the interest of the member and the nature of the interest in writing before the meeting or immediately before the matter is discussed.]

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice

5.2 Public Question Time

[Under meeting procedure (Standing Orders) this is the only opportunity for members of the public to address or ask a question of Council (other than a matter in Item 6). There is no further opportunity to interject or question the Council or Staff during the meeting. Questions can be asked on any Shire matter, not just on issues included in the meeting agenda. Persons asking questions are entitled to a response. If a matter requires further investigation, that response may be in writing.]

6. PRESENTATIONS:

6.1 Petitions

6.2 Presentations

6.3 Deputations

6.4 Delegates’ reports

6.5 Conference Reports

7. CONFIRMATION OF PREVIOUS MINUTES:

________________ / __________________

That the Minutes of the Ordinary Meeting of the Council held on 26 November 2020 be confirmed.

8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:

9. OFFICERS’ REPORTS:

For the interest of the Gallery, I will explain how we are about to consider the agenda items for this meeting.

All Councillors have had the agenda for one week giving us time to thoroughly review each item.

This meeting is the only time that Councillors are able to formally debate agenda items. Soon I will read out each item listed in the Agenda and any Councillor will be able to identify an agenda item they wish to debate. These items will be listed on the board behind me.

All items not identified by Councillors to be debated will be moved in accordance with the Officers Recommendation in one motion as listed in the agenda and moved en bloc for voting purposes.

If your item is not listed on the board and is moved en bloc it will be passed as per the Officer Recommendation. Following this Council will consider the remaining items in agenda order.

MAJORITY	ITEM	COUNCIL OFFICERS’ REPORTS	Page No.
		OFFICE OF CEO
	9.1	Office of CEO
	9.1.1	Proposed Shire of Manjimup Health Amendment Local Law 2021	7
	9.1.2	Proposed Shire of Manjimup Cat Local Law 2021	11
Absolute	9.1.3	Proposal to Lease 5D Brockman Street, Manjimup to "Easy Peel Pty Ltd" Trading as Gatsbys Skyline	15
		BUSINESS DIRECTORATE
	9.2	Corporate & Governance
	9.2.1	Proposed Council Meeting Dates for 2021	20
Absolute	9.2.2	Proposed Lease of Reserve 53687 to Baptistcare WA Limited for New Aged Care Facility	23
	9.2.3	Proposed Review of Council Policy 4.1.5 Travelling/Accommodation Allowances	27
	9.3	Finance & Administration
	9.3.1	Proposed Rescission of Policy 4.1.3 Accounting Policies	29
Absolute	9.3.2	Proposed Projects - Local Roads and Community Infrastructure Program Extension (Round 2)	31
	9.3.3	Monthly Financial Activity Statement - October 2020	35
	9.3.4	Council Financial Payments November 2020	38
	9.4	Information Communications Technology
		DEVELOPMENT & REGULATION DIRECTORATE
	9.5	Statutory Planning
	9.5.1	Proposed Adoption of Local Planning Policy 6.1.24 Planning Precinct Exemptions	44
	9.5.2	Application for Amendment of Conditions of Approval for Extractive Industry at Lot 9 (807) Middlesex Road, Middlesex	47
	9.5.3	Proposed Industry - Extractive at Lot 12596 Clarke Road, North Walpole	52
	9.5.4	Proposed Change of Use (Restaurant to Tavern) at Lot 1 (46) Ellis Street, Pemberton	61
	9.5.5	Request for an Additional Time Extension to Comply with Planning Conditions at Lot 106 (23) Brockman Street, Pemberton	70
	9.5.6	Delegated Planning Decisions for November 2020	75
	9.5.7	Request for Reconsideration of Condition - Proposed Dam Accross Boundary of Lot 250 and 301 (317) Angels Road, Middlesex	78
	9.6	Building Services
	9.7	Ranger & Emergency Services
	9.7.1	Application To Keep More Than Two Dogs at 78 Lock Street, Manjimup	84
	9.7.2	Application To Keep More Than Two Dogs at 4 Wheatley Street, Manjimup	89
	9.7.3	Application To Keep More Than Two Cats at RSN 104 Ockwell Road, Eastbrook	93
	9.7.4	Application To Keep More Than Two Cats at Lot 73 (13) Williams Court, Palgarup	98
	9.8	Environmental Health Services
		COMMUNITY SERVICES DIRECTORATE
	9.9	Community & Recreation Services
Absolute	9.9.1	Manjimup Trail Bike Trails Hub - Request for Funding Implementation of Stages 1 to 4	103
Absolute	9.9.2	Proposed Budget Amendment - Local Drug Action Team	115
Absolute	9.9.3	Proposed Budget Amendment Request - Engage and Empower Youth Project	117
	9.10	HACC Services
	9.11	Libraries & Cultural Services
		WORKS AND SERVICES DIRECTORATE
	9.12	Technical Services
	9.12.1	Proposed Review of Council Policy 9.2.2 Waste Collection	120
	9.13	Works
	9.14	Parks & Gardens
	9.15	Occasional and Management Committees
	9.16	Advisory Committees
Absolute	9.16.1	Unconfirmed Meeting Minutes of the Northcliffe Town Centre Revitalisation Committee Meeting held on 1 December 2020	123

_____________________ / _____________________

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 127 of the Agenda with the exception of:

ATTACHMENT

APPENDIX

9.1.1 Proposed Shire of Manjimup Health Amendment Local Law 2021

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F170066
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	20 November 2020
DECLARATION OF INTEREST:	Nil

Background:

Council adopted the Shire of Manjimup Health Local Law 2020 (the Local Law) at its Ordinary Meeting held 24 September 2020. The Local Law was subsequently gazetted on 8 October 2020. A copy of the Local Law as gazetted is appended.

APPENDIX: 9.1.1(A)

As part of the gazettal process, a copy of the Local Law was forwarded to the Joint Standing Committee on Delegated Legislation (the JSCDL). The Committee has subsequently advised that amendment of the Local Law is required to address two (2) typographical errors.

At its Ordinary Meeting of 5 November 2020, Council provided undertakings to the JSCDL to address those typographical errors within 3 months and amend the Local Law accordingly. For Councillors reference, a copy of the resolution made by Council with the errors to be addressed as provided to the Committee are appended.

APPENDIX: 9.1.1(B)

The purpose of this report is to formally request Council to commence the process of amending the Local Law to correct the typographical errors.

PUBLIC Consultation Undertaken:

Nil at this time.

COMMENT (Includes Options):

To amend a local law, it is necessary to create an Amendment Local Law. The undertakings appended will form the basis for making an Amendment Local Law, as described below.

Local Law Amendment Process

The process for amending an existing local law is the same as if making a new one. Section 3.12 of the Local Government Act 1995 sets out the process to be followed as given in the following Table:

Step	Status
Drafting of an amendment local law;	Done – refer Attachment (1)
Council resolving to amend a local law and the presiding member to give notice of the purpose and effect of the local law;	The purpose of this agenda item
Providing State wide public notice summarising and calling for submissions within a specified time frame of no less than six weeks;	TBD
Providing a copy of the proposed local law to the Department of Local Government for submission to the relevant Minister;	TBD
Council resolving by absolute majority to make the local law taking into consideration any submission made;	TBD
Publishing the local law in the Government Gazette;	TBD
Providing State wide public notice that the local law is to come into effect; and	TBD
Providing an explanatory memorandum to the Joint Standing Committee on Delegated Legislation for assessment;	TBD

If at any stage during this process the Local Government alters a local law significantly from what was originally proposed the process must recommence from the beginning. The alterations subject of the amendment are considered to keep within the intent of the Local Law as it has been gazetted,

Therefore, it is proposed that Council makes Shire of Manjimup Health Amendment Local Law 2021 and undertakes the above amendment process.

A copy of the proposed Amendment Local Law is attached.

ATTACHMENT: 9.1.1(1)

STATUTORY ENVIRONMENT:

Section 3.12 of the Local Government Act 1995.

Policy / Strategic Implications:

The proposed amendments to the Local Law are minor and do not affect the intent or power of it.

Organisational risk management:

Failure to act upon the undertakings made by Council on 5 December 2020 for the minor drafting errors identified by the Joint Standing Committee on Delegated Legislation will place Council in non-compliance with the Committee.

Financial Implications:

Costs associated with amending the Local Law will be borne by Council’s adopted budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Resolves to commence the process to create the Shire of Manjimup Health Amendment Local Law 2021 in accordance with section 3.12 of the Local Government Act 1995, as attached at 9.1.1(1).

2. Pursuant to the Local Government Act 1995 section 3.12(3) and (3a), and all other legislation enabling it, give Statewide and Local public notice that it intends to make the Shire of Manjimup Health Amendment Local Law 2021, as shown at 9.1.1(1) with the following purpose and effect:

Purpose – The purpose of the Shire of Manjimup Health Amendment Local Law 2021 is to amend the Shire of Manjimup Health Local Law 2020 to correct typographical errors.

Effect – The Shire of Manjimup Health Amendment Local Law 2021 is intended to insert a full stop at the end of clause 8.2, and delete ‘subclause 1(a)’ and insert ‘subclause 2(a)’ in clause 9.42(4)(a).

3. Advertise the Shire of Manjimup Health Amendment Local Law 2021 as referred to in point 2 above for a period of not less than 6 weeks in accordance with Statewide and Local public notice provisions.

4. In accordance with the Local Government Act 1995 section 3.12(3) advise the Ministers for Local Government and Health of the proposed amendment local law; and

5. Await a further report on the Shire of Manjimup Health Amendment Local Law 2021 following the completion of the advertising period referred to in point 2 above.

ATTACHMENTS
1 ⇨	Proposed Shire of Manjimup Health Amendment Local Law 2021	2 Pages

APPENDICES
a ⇨	Shire of Manjimup Health Local Law 2020 as gazetted 8 October 2020	47 Pages
b ⇨	Undertakings to Joint Standing Committee on Delegated Legislation made 5 November 2020	1 Page

ATTACHMENT

APPENDIX

9.1.2 Proposed Shire of Manjimup Cat Local Law 2021

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F170066
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24 November 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup Cat Local Law 2020 (the Local Law) was prepared, adopted by Council and gazetted on 17 September 2020. For Councillor’s reference, a copy of the Local Law as gazetted is appended.

APPENDIX: 9.1.2(A)

Upon gazettal of the Local Law on 17 September 2020, a copy was forwarded to the Joint Standing Committee on Delegated Legislation (JSCDL) in accordance with the statutory local law process provided in the Local Government Act 1995. The JSCDL elected to not support the Local Law, and provided a request that the Local Law be repealed, primarily on the basis that:

· the definition of ‘nuisance’ as provided for in the Local Law was not acceptable, and considered unreasonable;

· indefinite abatement notices as given in the Local Law are not within the power of the Act;

· it considers the indefinite confinement of cats is inconsistent with the provisions of section 27(a) of the Cat Act 2011; and

· the making of a clause penalising breaking and entering into a cat management facility goes beyond the scope of the Act, and beyond the scope of powers provided to the Shire for local laws.

Council determined to provide undertakings to the JSCDL to replace the Local Law on 5 November 2020, in light of the advice received. In return, the JSCDL provided advice on 11 November 2020 that the undertakings Council made were suitable.

Taking into consideration the above, the purpose of this report is to seek Council’s endorsement to advertise for public comment a revised Shire of Manjimup Cat Local Law 2021 (the Local Law 2021) to replace the existing Local Law. A copy of the proposed law is attached.

ATTACHMENT: 9.1.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Local Law Procedure

The provisions of the Local Government Act 1995 enable Western Australian Local Government to make local laws considered necessary for the good governance of their districts. All proposed Local Laws are required to be legislated in accordance with the following procedure;

Step	Status
Drafting of a Local Law;	Completed.
Council resolving to make a Local Law and the presiding member to give notice of the purpose and effect of the Local Law;	Purpose of this report
Providing State wide public notice summarising and calling for submissions within a specified time frame of no less than six weeks;	TBD
Providing a copy of the proposed Local Law to the Department of Local Government for submission to the relevant Minister;	TBD
Council resolving by absolute majority to make the Local Law taking into consideration any submission made;	TBD
Publishing the Local Law in the Government Gazette;	TBD
Providing State wide public notice that the Local Law is to come into effect; and	TBD
Providing an explanatory memorandum to the Joint Standing Committee on Delegated Legislation for assessment.	TBD

Amendments to previous Local Law

Given that Council has provided an undertaking to the JSCDL to repeal and replace the Local Law within 6 months (from 5 November 2020), the following changes have been made in consideration of the comment they have provided, including:

· A revised nuisance definition within clause 1.5. Clauses (a) and (e) have been removed at the request of the JSCDL.

· Removal of clauses related to the illegal entry of a local government cat management facility. It is noted that any facility break in by an unauthorised third party can be pursued under common law.

· Provisions around the indefinite confinement of cats has been removed.

· The provision regarding abatement notices within clause 2.4 now has been adjusted to specify a period of no greater than 28 days, rather than indefinitely.

Given the Local Law has been revised to meet the undertakings provided to the JSCDL, Council is requested to provide consent to advertise Shire of Manjimup Cat Local Law 2021 as attached at 9.1.2(1).

STATUTORY ENVIRONMENT:

As stated within the comment section above, the making of a local law occurs in accordance with the Local Government Act 1995.

As detailed in section 3.12 of the Local Government Act 1995, notice of purpose and effect of local law to be given by the person presiding at a Council meeting. Further guidance on this is given by Regulation 3 of the Local Government (Functions and General) Regulations 1996 stating that, the person presiding at a council meeting is to give notice of the purpose of the local law by ensuring that the purpose and effect of the proposed local law is included in the agenda for that purpose and the minutes of the meeting of the Council include the purpose and effect of the proposed local law.

In this regard, the proposed purpose and effect of the Draft Shire of Manjimup Cat Local Law 2021, the purpose and effect of the Local Laws are as follows:

Purpose – to provide for the management of cats throughout the Shire of Manjimup.

Effect – to promote responsible cat ownership and manage the control of cats within the Shire of Manjimup.

Policy / Strategic Implications:

The adoption of a new Cat Local Laws will ensure that Shire Rangers have the adequate statutory authority to ensure the regulation of cat ownership within the Shire of Manjimup, consistent with the following recommendations of the Shire’s Strategic Community Plan 2019-2029:

A1. Support initiatives that protect and nurture biodiversity and endemic species; and

A3. Implement measures to mitigate or control the negative impact of feral animals on our natural environment.

Organisational risk management:

Failure to comply with the undertakings provided to the JSCDL to replace the Local Law will place Council in breach.

Financial Implications:

Costs associated with finalising Local Law 2021 will be wholly contained within the Shire’s approved budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: It is anticipated that the introduction of this replacement Local Law will ensure that Shire Officers have the ability to effectively deal with complaints regarding cats creating a nuisance.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Resolves to commence the process to create the Shire of Manjimup Cat Local Law 2021 in accordance with section 3.12 of the Local Government Act 1995, as attached at 9.1.2(1);

2. Pursuant to the Local Government Act 1995 section 3.12(3) and (3a), and all other legislation enabling it, give Statewide and local public notice that it intends to make the Shire of Manjimup Cat Local Law 2021, as shown at Attachment 9.1.2(1) with the following purpose and effect:

Purpose – to provide for the management of cats throughout the Shire of Manjimup.

Effect – to promote responsible cat ownership and manage the control of cats within the Shire of Manjimup;

3. Advertise the draft Local Laws as referred to in point 1 above for a period of not less than 6 weeks, with advertisements to appear in the Western Australian Newspaper and all local newspapers circulating within the district;

4. In accordance with the Local Government Act 1995 section 3.12(3) advise the Minister for Local Government of the proposed local laws; and

5. Await a further report on the draft Local Law following the completion of the advertising period referred to in point 2 above.

ATTACHMENTS
1 ⇨	Proposed Shire of Manjimup Cat Local Law 2021	15 Pages

APPENDICES
a ⇨	Shire of Manjimup Cat Local Law as Gazetted 17 September 2020	13 Pages

9.1.3 Proposal to Lease 5D Brockman Street, Manjimup to "Easy Peel Pty Ltd" Trading as Gatsbys Skyline

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:	30 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 and now primed for commercial development.

At the Council meeting 13 February 2020 Council resolved:

Moved: Eiby, W Seconded: Lawrence, K

28114

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

At the Council meeting 5 November 2020 Council resolved:

Moved: Darin, J Seconded: Winfield, C

28273

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

CARRIED: 11/0

The purpose of this report is to consider submissions made during the statutory advertising period and make a final determination on the matter.

PUBLIC Consultation Undertaken:

Statutory advertising in accordance with the requirements of s.3.58 of the Local Government Act 1995 was undertaken in accordance with Council’s resolution from 11 November 2020 to 26 November 2020 in the Manjimup Bridgetown Times, the Shire’s public notice boards and on the Shire website.

During the public advertisement period no submissions were received.

COMMENT (Includes Options):

Given no public submissions were received for the proposal to lease 5D Brockman Street, Manjimup to ‘Easy Peel Pty Ltd’ trading as Gatsby’s Skyline in accordance with the terms and conditions as advertised, it is recommended that Council resolve to proceed with the lease without change.

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) will be required to upgrade 5D Brockman Street, Manjimup to a suitable condition to conform to the applicant’s submission. This funding has already been assigned as part of a budget amendment passed by Council on 5 November 2020.

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 the 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. Note there were no public submissions made to the proposal to Lease 5D Brockman Street, Manjimup to ‘Easy Peel Pty Ltd’ during the statutory advertising period; and

2. 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;

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; and

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

9.2.1 Proposed Council Meeting Dates for 2021

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Business Directorate
FILE REFERENCE:	F170041
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	5 November 2020
DECLARATION OF INTEREST:	Nil

Background:

In accordance with past practice and to conform to the advertising requirements of the Local Government Act 1995, Council is required to determine dates for the Ordinary Council Meetings to be held in 2021.

The Shire of Manjimup Council Meetings have been held on Thursday evenings over a three week cycle since June 2008.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The proposed Council meeting dates for 2021, based on a three week meeting cycle (except for four weeks between the meetings from October to December) are shown in the table below:

Council Meeting Dates for 2021		Locations
Thursday	21 January	Manjimup
Thursday	11 February	Manjimup
Thursday	4 March	Manjimup
Thursday	25 March	Pemberton
Thursday	15 April	Manjimup
Thursday	6 May	Manjimup
Thursday	27 May	Manjimup
Thursday	17 June	Northcliffe
Thursday	8 July	Manjimup
Thursday	29 July	Manjimup
Thursday	19 August	Manjimup
Thursday	9 September	Walpole
Thursday	30 September	Manjimup
Thursday	21 October	Manjimup
Thursday	18 November	Manjimup
Thursday	16 December	Manjimup

Due to the COVID-19 pandemic event this year and the inability to take the Council meetings to the outer towns, the order of outer town meetings has not been changed from those advertised for 2020.

The 4 week breaks between meetings to account for the mid-year Local Government Week have been adjusted to the end of the year, given next year’s event is scheduled only to be 2 days long and held over September 20-21, 2021. The rationale to shift the 4 week period is to allow officers and Council further time to finalise and complete Shire business activities.

With Council finishing later in the year, it also negates the need for Council to grant delegated authority to the Chief Executive Officer over the Shire shutdown/holiday period to action Council business, such as development approvals. This is because the time between the last council meeting of the year and the first meeting of the following year has been significantly reduced.

STATUTORY ENVIRONMENT:

In accordance with the Local Government Act 1995, Council is required to formally adopt and advertise the meeting schedule for the year. Section 5.3 of the Local Government Act 1995 requires Council to hold ordinary meetings not more than three months apart.

Policy / Strategic Implications:

The meeting frequency is consistent with Council Policy 1.1.1 Council Meeting System. The holding of Council meetings in each town at least once a year is supported in the Shire of Manjimup’s Corporate Business Plan.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The practice of holding Council meetings in the outer towns affords all residents the opportunity to conveniently engage with their Councillors and allows Councillors greater appreciation of issues and attributes of those wards.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the following Council meeting date schedule for 2021 including outer town meetings.

Council Meeting Dates for 2021		Locations
Thursday	21 January	Manjimup
Thursday	11 February	Manjimup
Thursday	4 March	Manjimup
Thursday	25 March	Pemberton
Thursday	15 April	Manjimup
Thursday	6 May	Manjimup
Thursday	27 May	Manjimup
Thursday	17 June	Northcliffe
Thursday	8 July	Manjimup
Thursday	29 July	Manjimup
Thursday	19 August	Manjimup
Thursday	9 September	Walpole
Thursday	30 September	Manjimup
Thursday	21 October	Manjimup
Thursday	18 November	Manjimup
Thursday	16 December	Manjimup

9.2.2 Proposed Lease of Reserve 53687 to Baptistcare WA Limited for New Aged Care Facility

PROPONENT	Baptistcare WA Limited
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Reserve 53687, Lot 505 Hospital Avenue, Manjimup
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Business
FILE REFERENCE:	F200449
LEGISLATION:	Land Administration Act 1997 Local Government Act 1995
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	27 November 2020
DECLARATION OF INTEREST:	Nil

Background:

Reserve 53687, Lot 505 Hospital Avenue, Manjimup, being the former Warren District Hospital site, was excised from the hospital reserve and dedicated as a separate reserve with a Management Order to the Shire of Manjimup in June 2020 for the purpose of aged care. This was following the Council resolution at the meeting of 23 May 2019 (27803) to:

1. Agree to take on the vesting of a Management Order for 2.0144 hectares of land excised from Reserve 20337, with the purpose of “High Dependency Aged Persons Accommodation” or similar, and the power to lease for a period of 42 years (representing the useable life of the proposed buildings) in order to facilitate a high dependency aged care facility; and

2. Commence negotiations of a lease with Baptistcare to replace the existing high dependency aged care facility Moonya, to take effect once the Management Order identified in point 1. above has been implemented.

Council is requested to consider the proposed lease of the new reserve to Baptistcare and also to holdover the existing lease at Reserve 22871 Ipsen Street, Manjimup (Moonya) until the new aged care facility is operational.

The existing lease is in the name of Baptistcare Inc which has since been restructured to Baptistcare WA Limited.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Baptistcare have advised the intention is for the planning and construction of the new aged care facility to occur over three years from the commencement of the proposed new lease.

Baptistcare have formally requested for the existing lease for the Moonya aged care facility, which is due to expire 30 June 2021, to continue on a year to year basis until completion of the new facility and transfer of residents.

A new lease agreement has been negotiated with Baptistcare. Conditions that vary from standard leases of Shire land include:

1. Lease commencement date effective from Baptistcare obtaining finance and the necessary approvals for a new aged care facility, which is expected to occur by 30 September 2021;

2. Lease term of 42 years once the conditions for the commencement date have been satisfied;

3. Provision for Baptistcare to carry out due diligence to determine the land is suitable for the proposed aged care facility prior to the commencement of the lease;

4. Confirmation Baptistcare are permitted to develop the land for aged care at their discretion without specific lessor approval (Shire statutory approvals will still apply);

5. In the event that the Lessee determines that it is not in the Lessee's best interest to continue with the Lease, the Lessee will be entitled to terminate the Lease with each party to bear its own losses;

6. At the end of the lease the improvements are to be removed at the Lessee’s discretion, instead of at the Lessor’s requirement; and

7. Each party to be responsible for their own lease preparation expenses.

The proposed lease conditions reflect the long-term residential use of the property. There are some risks outlined below, however overall the negotiated lease conditions are considered reasonable.

STATUTORY ENVIRONMENT:

Section 3.58 of the Local Government Act 1995 deals with the requirements for leasing Council land; however regulation 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. The proposed lease meets the requirements for this exemption as Baptistcare WA Limited are a registered charitable organisation and the lease is for the purpose of aged care.

Each lease of Crown land requires the approval of the Minister for Lands in accord with section 18 of the Land Administration Act 1997.

Policy / Strategic Implications:

Shire Policy 4.2.8 Property Leases outlines that leases for aged persons’ accommodation are to be at a rental of $10 per annum with a lease term of a minimum of 20 years to reflect the long-term residential use of the property.

Organisational risk management:

An aged care facility is an important service to the community and the Shire obtained the reserve management orders in order to provide a lease to a third party organisation for the purpose of an aged care facility in Manjimup. The negotiated lease agreement does not give the Shire any provision to terminate the lease in the unlikely event that the lessee does not complete the aged care development in order to make the land available for another aged care provider. The agreement does include that the lessee may at its discretion terminate the lease if they determine it is not in their best interests to continue and it is expected that this would occur if the development does not proceed.

Although the lease will be on a vacant land only basis, potentially there is a risk at the end of the lease term or on earlier termination that the Shire could be left managing the land with responsibility for the buildings. The lease agreement includes that the buildings are to be maintained in a good condition.

Baptistcare are an experienced aged care provider and have held the existing lease for the Moonya site since 2001 demonstrating they are a suitable lessee. Therefore, the risks of the new lease are considered acceptable in order to provide the service to the community.

Financial Implications:

The $340 Shire lease preparation fee in the adopted fees and charges is proposed to be waived. In this instance this request is supported as the lease is not a standard community group lease and Baptistcare have prepared some of the lease conditions.

Aside from lease agreement preparation cost, all outgoings and building costs will be at the expense of Baptistcare as the lease will be on a vacant land basis only.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The provision of a modern high care aged facility so close to the Manjimup Hospital will better serve the needs of the Manjimup Shire community. Relocation of the facility will also reduce the need to call on the local volunteer ambulance service to undertake patient transfers between the Hospital and the facility.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1. Lease Reserve 53687, Lot 505 Hospital Avenue, Manjimup to Baptistcare WA Limited, subject to the following:

a) lease term of 42 years, commencing from the satisfaction of conditions relating to the lessee obtaining necessary approvals for a new aged care facility;

b) at a rental of ten dollars per annum payable on demand;

c) lease conditions to the satisfaction of the Chief Executive Officer;

d) waiver of the lease preparation fee; and

e) approval of the Minister for Lands.

2. Hold over the existing lease to Baptistcare WA Limited (formerly Baptistcare Inc) over portion of Reserve 22871 Ipsen Street, Manjimup, to be approved by the Chief Executive Officer on an annual basis, until the transfer to the proposed new aged care facility on Reserve 53687 is completed.

ATTACHMENT

9.3.2 Proposed Projects - Local Roads and Community Infrastructure Program Extension (Round 2)

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160191
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	9 December 2020
DECLARATION OF INTEREST:	Nil

Background:

On 22 May 2020 Shire of Manjimup Officers received advice from the Department of Infrastructure, Transport and Regional Development (DITRD) of a new stimulus program to assist with the recovery of communities post COVID-19.

Under the banner of Local Roads and Community Infrastructure Program (LRCIP) the Shire of Manjimup can receive up to $912,987 of untied funding for eligible projects. Eligible community infrastructure projects are projects that involve the construction, maintenance and/or improvement to Shire-owned assets (including natural assets) that are generally accessible to the public.

On the 30 October 2020 the Shire received advice of a second round of LRCIP funding offering a further $848,157. Criteria for eligible projects has not changed with the focus on community infrastructure and stimulating the local economy and projects must not form part of the local government’s 2020/21 forward capital works programs and the projects must be completed by 31 December 2021.

The purpose of this report is to seek formal Council endorsement of the projects to be submitted to DITRD.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Shire of Manjimup typically has many projects that are important however due to available municipal and grant funding don’t meet a high priority category to receive funding each budget cycle. Due to the untied nature of the LRCIP and the requirement for the funds to be spent on publicly accessible Shire assets there are no shortage of projects that could be contemplated in this funding round.

During the information briefing session of the Council meeting on 26 November 2020, possible projects were workshopped with Councillors prioritising projects that would make the greatest impact on their local communities.

The following projects were identified from that process:

1. Northcliffe Town Hall Carpark/Improvements – Northcliffe ($140,000);

2. Basketball 3 on 3 Court – Northcliffe ($60,000);

3. Public Toilet, Jetty Car Park – Walpole ($100,000);

4. Foreshore Clearing and Improvement Works – Walpole ($50,000);

5. Brockman Street Car Park Improvements (Lighting/Pathways etc.) – Pemberton ($200,000);

6. Accessible Pathway Upgrade, Rose to Moore Street – Manjimup ($150,000);

7. Allambie Park Development – Manjimup ($130,000); and

8. Shade Sails – Anunaka Park – Manjimup ($18,157).

A list of the proposed projects is also attached.

ATTACHMENT: 9.3.2(1)

The projects above generally meet the criteria of an eligible project, being they do not feature in any 2020/21 forward capital works plans, they involve the improvement of Shire owned assets or accessibility of those assets to the public. Should DITRD reject any of the projects further consultation with Council for replacement projects will be carried out.

STATUTORY ENVIRONMENT:

Section 6.8 (1) of the Local Government Act 1995 requires that expenditure not be incurred for an additional purpose unless authorised by Council.

Policy / Strategic Implications:

The Corporate Business Plan 2020-2024 has been considered when identifying appropriate projects for funding. The following activities will be met if the proposed projects are approved:

· B1.2 Complete footpath, traffic and parking infrastructure renewal projects in Manjimup CBD;

· C11.2 Implement strategies contained in the Access & Inclusion Plan 2013-2018;

· D9 Develop town centres to showcase their unique characters and encourage vibrant, mixed-use commercial and public spaces;

· D11 Provide for public parks and playgrounds that are accessible and attractive with well-maintained amenities and equipment; and

· D18.1 Implement the 10-year Forward Capital Works Program 2016-2026 in relation to footpaths (informed by Local Bicycle Plan including Footpath Plan 2017 - 2027 and other influencing factors).

Organisational risk management:

Nil.

Financial Implications:

If approved projects will see the renewal and upgrade of existing assets improving their condition, level of service and extending the asset lives.

Some project will result in the production of new assets that will require future maintenance, however those associated costs will be minor in nature and absorbed in current budgets where possible or see minor increases in future operational budgets.

Sustainability:

Environmental: Nil.

Economic: The majority of the proposed projects will require the supply of local labour and materials supporting the economic recovery of those communities post COVID-19.

Social: Improved community amenities, improved pathway networks and access to council facilities will improve the liveability of the Shire, as well as assist in capturing the visitor economy supporting the recovery of those communities.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Endorse the proposed projects for submission for the Local Roads and Community Infrastructure Program Extension funding as per attachment: 9.3.2(1); and

2. Amend the 2020/2021 budget as per the table below:

Description	Current 2020/2021 Budget	Revised 2020/2021 Budget	Variation
Grant – Local Roads and Community Infrastructure Extension	($912,987)	($1,761,144)	($848,157)
Northcliffe Town Hall Carpark/Improvements	$0	$140,000	$140,000
Basketball 3 on 3 Court - Northcliffe	$0	$60,000	$60,000
Public Toilets – Jetty Carpark, Walpole	$0	$100,000	$100,000
Walpole Foreshore Clearing and Improvement Works	$0	$50,000	$50,000
Brockman Street Carpark Improvements - Pemberton	$0	$200,000	$200,000
Allambie Park Redevelopment - Manjimup	$0	$130,000	$130,000
Footpath and Access Improvements – Brockman St Manjimup	$0	$150,000	$150,000
Shade Sails – Anunaka Park	$0	$18,157	$18,157

ATTACHMENTS
1 ⇨	Proposed Projects - LRCI Program Extension	1 Page

ATTACHMENT

9.3.3 Monthly Financial Activity Statement - October 2020

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160188
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	13 November 2020
DECLARATION OF INTEREST:	Nil

Background:

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

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

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

ATTACHMENT: 9.3.3 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 October 2020 is a projected loss of $19,724.

The minor projected loss is based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under expenditure in other areas as the Shire progresses through the financial year.

There has been no moderate or significant issues identified in the October 2020 accounts. There are two items that have emerged as positive since the last monthly report. At present Development Fees (Planning) at the 31 October 2020 were $51,640 with a whole year budget of $55,000, the October monthly report projects the end of financial year position for this account to be $75,000.

The October Report also sees a reduction in property valuation costs of $105,000. This change is due to Landgate, the department that values the Shire’s Gross Rental Value rate payer’s properties, moving the valuations from a 4 year cycle to a 6 year cycle. Whilst this is a saving it will not change the Shire’s end of year position as the expenditure line was funded by a reserve transfer which will no longer go ahead.

An area that is important to monitor at this time of year, is Road Maintenance. July to October is traditionally a heavy road maintenance period, with dryer weather triggering the move from road maintenance to the capital works program. To the 31 October 2019 road maintenance is at 51% expended which is moderately higher than previous years. The late start to the construction period is the key reason for the higher than expected year to date figure however with a full construction program this budget should return to normal in the coming months.

No major discrepancies have come to light in the first four months after adopting the 2020/21 budget. With appropriate adjustments for the grant shortfalls (previous reports), and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2021.

STATUTORY ENVIRONMENT:

Section 6.8 of the Local Government Act and Financial Management Regulation 34.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As described in above summary.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Expenditure in the 2020/21 budget will be important to stimulate local businesses and support the community post COVID-19.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

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

ATTACHMENTS
1 ⇨	Monthly Financial Activity Statement - October 2020	13 Pages

ATTACHMENT

9.3.4 Council Financial Payments November 2020

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	4 December 2020
DECLARATION OF INTEREST:	Nil

Background:

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

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The accounts for payment totalling $1,463,184.77 for the month of November 2020 are itemised in the attachment and in the Corporate Credit Card statement listed below.

ATTACHMENT: 9.3.4(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 17 December 2020.

Fund	Vouchers	Amount
Municipal	94556 - 94576	$86,595.20
Trust Fund	-	$0.00
Total Cheques for Month of November 2020		$86,595.20

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 17 December 2020.

Fund	Batch	Amount
Municipal	95 - 100	$1,346,276.71
Total EFT for Month of November 2020		$1,346,276.71

Corporate Credit Card Transactions 18 Sept – 20 Oct 2020 (Paid 3 Nov 2020) - Municipal Account

945.6007	Western Power Head Office Perth Application for oversize load movement authorisation		$120.00
6.1101	Grasherium Pty Ltd Refreshments for SMT meeting ST:5		$23.00
687.1560	DWER – Water Clearing permit application		$400.00
660.1237	Fremantle Herald Tourism advertising in Perth Voice – 19th September Edition		$660.00
660.1237	Fremantle Herald Tourism advertising in Perth Voice – 26^th September Edition		$660.00
6.1101	Scott Muir Refreshments for SMT ST:5		$22.95
575.1101	Crown Perth Lobby Lounge Refreshments/Coffees DCS – before WALGA event		$18.00
575.1391	Crown Metropol Perth 1x night accommodation – LGP Award presentation DCS		$201.39
665.1101	SQ *Park Manjimup Afternoon tea for volunteers – Heritage Park exhibition set up		$47.00
575.1317	Booking.com – Comfort Inn Perth 2x nights’ accommodation CDO attend training		$193.30
665.1046	Manjimup Newsagency Velcro dots/loops – Museum exhibition		$44.90
669.1317	Local Government Managers Association Membership 1/7/20 – 30/6/21 MGR C&RS		$185.00
575.1501	EB *Djuki Mala in Manjimup 3x Tickets Djuki Mala for S. Franklin (paid to shire)		$177.33
575.1035	W I Internet Group Pty Ltd 2x double length sheep skins for HCP Client		$510.00
2.1188 575.1317	Awards Australia Pty Ltd 6x Registrations to 2020 WA Regional Achievement and Community Awards		$260.00 $520.00
575.1391 2.1189	GPR Hotels Pty Ltd Awards night accommodation ST:5 CR:1		$470.90 $94.18
575.1501	Coles Manjimup Beverages supplied for Djuki Mala		$21.75
575.1501	EB *Djuki Mala in Manjimup 1x ticket to Djuki Mala for B Cornwall (paid to shire)		$53.84
575.1501	Red Dot Stores Manjimup Hook & Loop Velcro sticky squares – Djuki Mala		$6.00
575.1501	Coles Manjimup Catering – Djuki Mala Performers		$115.00
575.1101	DSAK Pty Ltd Performance lights – Park Event		$116.97
575.1101	Two Little Black Birds Catering for Volunteers – Djuki Mala set up		$72.00
575.1501	The Reject Shop 8x Hand Sanitiser for Djuki Mala event		$40.10
571.1317	Paypal *Safeswallow 1x Safe swallowing dysphagia education course - HACC		$39.99
1098.1544	Western Power Online payment – Development application Pemberton Co-Location building		$497.92
575.1501	Facebk *4YUTPW2NS2 Advertising Boost post for Djuki Mala		$154.50
1428.1365	Telstra Bill Payment Donation towards Telstra Account K.M		$60.49
1428.1743	Pemberton IGA Donation – Food Voucher		$100.00
1428.1744	Target 10x $100 Gift Cards		$1,000.00
1428.1744	Target 5x $80 & 5x $20 Gift Cards		$500.00
1428.1743	Coles 10x $50 Gift Cards		$500.00
1428.1743	Coles 10x $100 Gift Cards		$1,000.00
1428.1100	Northcliffe Postal Services Donation for Gas Bottle – J.C		$157.00
1428.1100	Northcliffe Postal Services Donation for Gas Bottle & Delivery – S.M		$167.00
1428.1365	Synergy Donation for Electricity costs – J.W		$151.28
1428.1100	Pemberton IGA Donation for Gas Bottle – R.B		$150.00
1428.1743	Pemberton IGA Donation for food voucher – M.G		$50.00
1428.1743	Pemberton IGA Donation for food voucher – E.G		$100.00
1428.1744	Target 10x $100 Gift Cards		$1,000.00
1428.1744	Target 8x $80 Gift Cards		$640.00
1428.1743	Coles 10x $50 Gift Cards		$500.00
1428.1743	Coles 10x $100 Gift Vouchers		$1,000.00
1428.1101	Department of Transport Perth Donation for 3 month car registration		$212.70
1428.1100	Northcliffe Postal Services Donation for Gas Bottle & Delivery – D.A		$174.00
1428.1100	Northcliffe Postal Services Donation for Gas Bottle – S.D		$157.00
1428.1365	Synergy Donation towards Electricity Costs – C.C		$151.28
1428.1365	Synergy Donation towards Electricity Costs – M.G		$504.25
1428.1744	Target 10x $100 Gift Cards		$1,000.00
1428.1744	Target 5x $80 Gift Cards		$400.00
1428.1365	Synergy Donation towards Electricity Costs – T.H		$141.48
1428.1101	Albany Dental Clinic Donation towards dental costs – P.K		$200.00
1428.1100	Northcliffe Postal Services Donation for Gas Bottle – P.S		$157.00
1428.1101	BP Manjimup 10x $50 & 10x $25.00 Fuel Gift Cards		$750.00
1428.1101	BP Pemberton Donation towards Fuel - M.G		$73.97
1428.1743	Pemberton IGA Donation for food voucher – E.F		$50.00
1428.1101	Manjimup Automotive Donation towards car repair – A.W		$168.20
1428.1101	Department of Transport Perth Donation towards 3 month car registration – E.B		$126.65
1428.1101	Department of Transport Perth Donation towards 3 month car registration – A.W		$126.65
1428.1101	Northcliffe Postal Services Donation for Fuel – G.H		$70.13
1428.1101	Manjimup Tyrepower Donation towards car tyres – B.G		$352.00
1428.1743	Coles 10x $200 Gift Cards		$2,000.00
1428.1743	Coles 10x $100 Gift Cards		$1,000.00
1428.1743	Coles 10x $50 Gift Cards		$500.00
1428.1743	Coles 10x $50 Gift cards		$500.00
1428.1743	Target 10x $100 Gift Cards		$1,000.00
1428.1744	Target 5x $80 Gift Cards		$400.00
1428.1101	Department of Transport Perth Donation towards 3 month vehicle registration – S.G		$248.15
1428.1365	Water Corporation Donation towards water costs – C.E		$151.16
1428.1101	Manjimup Tyrepower Donation towards new tyres – D.O		$60.00
1428.1100	Elgas Limited Donation towards Gas Bottle – S.E		$145.81
1428.1743	Coles 10x $50 Gift Cards		$500.00
1428.1743	Pemberton IGA Donation for 1x food voucher – S.B		$50.00
1428.1100	Pemberton General Store Donation towards Gas Bottle & Delivery - S.B		$153.80
1428.1101	Northcliffe Postal Services Donation towards Fuel – R.M		$75.00
1428.1101	Northcliffe Postal Services Donation for Fuel - S.I		$75.00
1428.1100	Northcliffe Postal Services Donation towards Gas Bottle & Delivery – K.R		$167.00
1428.1744	Target 5x $100 & 5x $80 Gift Cards		$900.00
6.1101	Sanctuary Golf Resort Lunch for CEO – South West CEO’s meeting		$29.45
6.1001	West Australian Newspaper 24hr unlimited access subscription		$8.00
2.1189 6.1391	Crown Promenade Perth 2x nights’ accommodation CEO & Shire President		$1,361.14
662.1314	The Rose Hotel 3x nights’ accommodation for safety rep training for N. Viner & M. Blieschke		$631.00
102.1317 569.1317 100.1317	Coles Catering items for DDR team event		$65.00 $65.00 $65.00
569.1299	Planning Institute of Barton 2020 WA Conference registration - Planning Officer		$485.00
569.1299	Planning Institute of Barton 2020 WA Conference registration – Coordinator Statutory Planning		$355.00
13.1294	Goodsync 2x Server Data file software 21/9/20 – 21/9/21		$1,072.80
973.6001	SMC Pneumatics Australia Air Ram for APT2		$358.84
Various	Westnet Internet services 1/10/20 – 1/11/20		$219.89
931.6003	EG Fuelco 44.07ltrs Diesel for 1033WA Community Bus		$53.72
Total Credit Card Payments			$30,312.86
Total Payments for the month November 2020		$1,463,184.77

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As stated.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during November 2020 totalling $1,463,184.77 as detailed in Attachment: 9.3.4(1).

ATTACHMENTS
1 ⇨	November 2020 - Council Payments	26 Pages

ATTACHMENT

APPENDIX

9.5.1 Proposed Adoption of Local Planning Policy 6.1.24 Planning Precinct Exemptions

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180271
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	23 November 2020
DECLARATION OF INTEREST:	Nil

Background:

At the 15 October 2020 Ordinary Meeting, Council Resolved (Resolution 28285) to advertise the draft Local Planning Policy 6.1.24 Planning Precinct Exemptions (the draft Policy) and await a further report on the draft document following the close of advertising.

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

APPENDIX: 9.5.1(A)

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

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

PUBLIC Consultation Undertaken:

Notices were placed in the Manjimup – Bridgetown Times and on the Shire of Manjimup’s website in accordance with Clause 2.4.1 of the Scheme for a period of 21 days. Submissions on the draft Policy were invited up to and including Wednesday 18 November 2020.

No public submissions were received in response to the advertising.

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

COMMENT (Includes Options):

As mentioned in the background section, minor modifications to the draft policy are proposed. By way of summary, the modifications are as follows:

a) Updating reference to the Residential Design Codes of Western Australia to its full title; and

b) Expanding the description in the proposed Policy Exclusions section to ensure it is clear that applications will still be required in Bushfire Prone areas only where a Bushfire Attack Level of greater than BAL 29 applies.

These modifications will provide greater clarity and accurately refer to appropriate legislation.

The Local Planning Policy 6.1.24 Planning Precinct Exemptions, as modified, is shown attached.

ATTACHMENT: 9.5.1(1)

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The draft policy will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2019-2029:

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

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

Organisational risk management:

Nil.

Financial Implications:

It is anticipated that fewer applications for development approval will be received therefore a reduction in application fees received is expected.

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

Sustainability:

Environmental: Nil.

Economic: An exemption from the need for development approval for a compliant proposal may assist in stimulating the economy by reducing administrative processes.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No. 4, adopts Local Planning Policy 6.1.24 – Planning Precinct Exemptions as shown at Attachment: 9.5.1(1); and

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

ATTACHMENTS
1 ⇨	Attachment 1 - Local Planning Policy 6.1.24 for adoption	3 Pages

APPENDICES
a ⇨	Appendix A - Draft Local Planning Policy 6.1.24 as Advertised	3 Pages

ATTACHMENT

APPENDIX

9.5.2 Application for Amendment of Conditions of Approval for Extractive Industry at Lot 9 (807) Middlesex Road, Middlesex

PROPONENT	Mr G J Starkie
OWNER	G and J Starkie
LOCATION / ADDRESS:	Lot 9 (807) Middlesex Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/137 P53976
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	25 November 2020
DECLARATION OF INTEREST:	The Shire’s Coordinator Statutory Planning has assisted the applicant in summarising the proposal and calculating final extraction levels. The Shire’s Acting Manager of Technical Service has assisted the applicant in preparing a traffic management plan.

Background:

Council is requested to consider an application that is seeking to vary the conditions of approval for an Industry – Extractive at Lot 9 (807) Middlesex Road, Middlesex. The initial application was considered by Council at its meeting 15 October 2020 where Council resolved (28298) to grant approval to the application in accordance with the details outlined in the application.

A copy of the minutes of the meeting are appended.

APPENDIX: 9.5.2(A)

The applicant has advised that the approved hours of operation and the number of truck movements are too restrictive and is seeking to vary conditions e) and g) of Council’s resolution.

In addition as a result of a site inspection 25 November 2020, Shire officers have found that the nature of the operation of the site means that compliance with Condition 2(c) of the letter of approval, which relates to Council’s resolution b)(iii), is not practical. The condition currently requires depth markers to be installed and monitored biannually ensuring that the maximum proposed depth is not exceeded. The applicant has requested that this sub-condition be struck-out and replaced with a requirement for a site survey to monitor extraction depths.

A copy of the application to amend the approval conditions and correspondence from the applicant is attached.

ATTACHMENT: 9.5.2(1)

PUBLIC Consultation Undertaken:

The amended proposal was re-advertised in accordance with clause 9.6 of Shire of Manjimup’s Local Planning Scheme No.4 (the Scheme) for a 21 day period to adjoining landowners within a 1 kilometre radius.

Two public submissions were received objecting to the amendment of hours and increased to truck movements. Whilst the submission content is discussed in the comment section below, full copies of the submissions are attached.

ATTACHMENT: 9.5.2(2)

COMMENT (Includes Options):

To assist Council in determining the request for amendment of the three conditions of approval, the following advice is offered:

Operation Hours

In accordance with condition (e) as imposed by Council, the applicant has received approval for 8:00am to 5:00pm, Mondays to Fridays only and shall not operate on Public Holidays or weekends. The applicant is now seeking to vary the times to be able to commence at 6:00am and to close at 6:00pm.

Standard hours of operation as set out in Local Planning Policy 6.1.9 Extractive Industries (the policy) are as follows:

· 8:00am to 6:00pm November to April;

· 9:00am to 5:00pm other months of the year; and

· Days are Monday to Saturday.

In granting the conditional approval at its 15 October 2020 meeting, Council varied the standard hours of operation as outlined by the policy by permitting the applicant to commence operation at 8:00am year round. The applicant is now seeking to vary the hours of operation further by varying the start time to 6:00am year round and extending the finish time to 6:00pm.

The applicant has not provided any specific justification for varying the policy provisions relating to the hours of operation, other than seeking to extend the hours they may operate. In the absence of Noise Management Plan, the potential impact from the associated noise cannot be quantified.

Should Council wish to entertain the applicants request to vary the start time, it is recommended that consideration of the proposal be deferred pending the submission of a Noise Management Plan prepared by a suitably qualified consultant.

Objection to Operation Hours

An adjacent landowner has objected to the time variation stating that the noise of trucks on the road prior to 8:30am would result in impacts unacceptable to a residential household. Within their submission the author also states:

a) The prohibition on truck movements prior to 8:30am and between 3:30pm and 4:30pm are already being ignored;

b) They observed trucks starting to arrive on site at 6:26am on 16 November and 6:21am on 20 November. These trucks leaving fully loaded by 7am, with trucks returning to the site at 7:20am and 7:30, leaving within 20 minutes of arrival.

Given the above information, it appears that activities on site commenced well before the permitted start time of 8:00am. The issue of non-compliance with the conditions of approval will be the subject of an agenda item to be presented to Council at its Ordinary Meeting to be held in January 2021.

Truck Movements

The applicant has received approval for a maximum of 20 truck movements per day, equating to 10 loads and approximately 250 tonnes of material. This level of truck movement was stated by the applicant in their application, as reflected within the Background Section of the 15 October 2020 agenda item. As the proposed level of truck movements was considered by the Shires Manager of Technical Services to be acceptable, the applicant was not required to submit a formal Traffic Impact Statement and/or Traffic Management Plan in support of the application.

In addition to the maximum number of movements, condition number (b)(ii) as imposed by Council required that prior to commencement of the activity, the applicant was to prepare and submit a Traffic Management Plan for the proposed haulage route, including a prohibition on truck movements prior to 8:30am and between 3:30pm and 4:30pm.

Examination of Shire records has confirmed that a basic Traffic Management Plan has been prepared using the Shire template for “Minor Works on Local Roads”. This plan was prepared and reviewed by the Acting Manager of Technical Services.

The current application seeks to amend the approval to permit a maximum of 23 loads per day, being 46 movements per day.

Both the submissions received specifically address the proposed increase in truck movements. As reflected within Attachment: 9.5.2(2), the first submission strongly objects to the increase, while the second submission expressed concern regarding the potential for road damage, increased danger for other road users and the potential impact on wildlife movements.

As the proposed truck movements would more than double the maximum number of truck movements identified in the original application and the current traffic, it is recommended that an independent assessment in the form of a Traffic Impact Statement be prepared by a suitably qualified consultant, before such an increase is supported by Council.

Conclusion

Council resolved to grant conditional approval to the operation of an extractive industry on 15 October 2020. As reflected within the Advice to Applicant contained in Council’s resolution:

“The restrictions on the hours or operation and maximum truck movements have been imposed to limit the impact of the activity and associated truck movements on properties abutting Middlesex Road.”

In the absence of a site specific Noise Management Plan it is strongly recommended that the hours of operation are restricted in accordance with the standard hours as set out in Local Planning Policy 6.1.9. This approach would still allow Council, if it is inclined, to:

a) Extend the hours of operation from 5:00pm to 6:00pm during the months of November to April; and

b) Permit the activity to be undertaken on Saturdays, where as they are currently restricted to Monday to Friday.

With reference to the level of truck movements, one of the submissions received indicates that truck movements prior to 8:30am (which have already occurred) have impacted on their residential amenity. It is therefore recommended that this aspect of the application not be supported.

Prior to considering any increase in truck movements it is strongly recommended that a Traffic Impact Statement be prepared by a suitably qualified, independent consultant to examine the impact of additional truck movements and the potential impact on residential dwellings abutting Middlesex Road.

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’s Local Planning Policy 6.1.9 Extractive Industries.

Organisational risk management:

Nil.

Financial Implications:

The required fee for an application to amend a development approval has been paid by the applicant.

Sustainability:

Environmental: Nil.

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

Social: Extending the hours of operation and maximum permitted truck movements has the potential to detrimentally impact on the residential amenity of dwellings in close proximity to the site and/or Middlesex Road.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with clause 8.5 of Shire of Manjimup Local Planning Scheme No.4 amend the planning approval for the Industry Extractive (Quartzite/Shale) at Lot 9 (807) Middlesex Road, Middlesex (Application TP 2019/150) as follows:

1) remove Condition b)(iii) of Development Approval 150/2019 at Lot 9 (807) Middlesex Road, Middlesex and replace with a new Condition b)iv to read as follows:

“iv. Monitoring of the depths of extraction is to occur on a biannual basis with a revised feature survey to be prepared, at the applicants cost, at the expiration of planning approval referred to in Condition 4), to the satisfaction of the Shire of Manjimup; and

2. amend the wording of Condition e) of Development Approval 150/2019 at Lot 9 (807) Middlesex Road, Middlesex to read as follows:

“e. the operation activities associated with the Industry – Extractive hereby approval shall be restricted to the hours of 8:00am to 6:00pm, Monday to Fridays only and shall not operate on Public Holidays”.

Advice to Applicant

i) The applicant is advised that Council is not prepared to approve the operation of the pit outside of the standard hours of operation as identified in Local Planning Policy 6.1.9 unless the application is supported by a site specific Noise Management Plan that demonstrates the activity and associated traffic movements will not detrimentally impact on residences in the area and abutting Middlesex Road; and

ii) The applicant is advised that Council’s decision to limit the number of truck movements to a maximum of 10 loads per day was in response to the number of truck movements stated in the application. Due to concerns expressed within the submissions received, Council is not prepared to permit the increased truck movements as proposed in the absence of a Traffic Impact Statement prepared by a suitable qualified independent consultant.

ATTACHMENTS
1 ⇨	Attachment 1 Amendment Application and Correspondence	3 Pages
2 ⇨	Attachment 2 - Combined Submissions	2 Pages

APPENDICES
a ⇨	Appendix A - 15 October 2020 Council Minutes	37 Pages

ATTACHMENT

9.5.3 Proposed Industry - Extractive at Lot 12596 Clarke Road, North Walpole

PROPONENT	B & J Catalano Pty Ltd
OWNER	Mr D W Burton
LOCATION / ADDRESS:	Lot 12596 Clarke Road, North Walpole
WARD:	South
ZONE:	General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/16; P56631
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	30 November 2020
DECLARATION OF INTEREST:	Applicant was appointed to supply the Shire with gravel via Tender process.

Background:

Council is requested to consider an application for planning approval for the establishment and operation of an Industry – Extractive (Gravel) at Lot 12596 Clarke Road, North Walpole. A copy of the submitted application is attached.

ATTACHMENT: 9.5.3 (1)

ATTACHMENT 9.5.3(2)

Location Plan

Lot 12596 Clarke Road is 59.9 hectares in area and has a small stand of trees in the middle of the property as well as scattered trees within the proposed extraction area. There is a dwelling and outbuildings on the adjoining property, being 203 Clarke Road, which is also owned by the applicant. As shown on the location plan above, the proposed extraction pit is adjacent to State Forest and a winter creek passes through the middle of the subject property.

The application proposes the extraction of gravel with an estimated area of 9.2 hectares with a width of 670m and with an average depth of 1 metre, with topsoil stockpiled adjacent to the extraction site. The applicant has confirmed in the application that a total of 147,000m³ 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;

· All truck haulage movement will enter the site and leave the site via Clarke Road, passing through the property shown as 203 Clarke Road;

· The pit is proposed to operate 6 days a week between the hours of 7:00 am to 6:00 pm (excluding public holidays) Monday to Friday and Saturdays between 7:00 am and 12:00 pm;

· Crushing and screening will be undertaken on the subject land will be stockpiled to a height of 9m; and

· Estimated an average of 5 single semi-loader (24 tonnes per load) trips (in and out) per day but this will be dependent on demand.

Council previously granted conditional approval to an Industry-Extractive on the site at its 18 September 2014 meeting for a period of 5 years or until the extraction of 106,000m³ of sand, whichever came first. This approval expired in September 2019. Further information regarding the status of this activity is provided in the comment section below.

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 neighbouring landowners.

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

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

ATTACHMENT: 9.5.3(3)

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 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 2.5, 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 in 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.’

Consistency with Zoning

The purpose of 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 appropriately managed.

Previous Approval

As detailed in the background section above, a conditional approval was previously granted. As part of that approval limitations were imposed on the excavation area:

· approval was granted for 5 years expiring in September 2019;

· such as a maximum of one (1) hectare (10,000m³) shall be worked at any one time with progressive rehabilitation of the area so as to maintain an open area of one (1) hectare;

· topsoil to be stockpiled and replaced as part of the rehabilitation process;

· satisfactory arrangements shall be made for the upkeep and maintenance of Clarke Road, at the applicants expense; and

· hours of operation restricted to Mondays to Saturdays only.

With this approval now expired, a site inspection is being arranged to ensure that the activity has ceased and that the required rehabilitation has been completed. Examination of most recent satellite imagery indicates that a substantial level of rehabilitation has been completed.

Access

The applicant has proposed all site access and egress is established from Clarke Road to the south of the extraction area.

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.

The closest dwelling is approximately 600m from the extraction pit on Clarke Road. The applicant has stated that no visual, noise or dust will impact on nearby dwellings. Notwithstanding this, a level of dust management should 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 and overburden will be stockpiled and the site repastured once extraction has finished. To ensure rehabilitation of the extraction site a condition restating the requirement of stockpile topsoil for the progressive rehabilitation of the site is recommended.

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 of 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 and the associated truck movements detrimentally impacting on the amenity of the area. One method of minimising the potential impacts included in the Policy is the statement that the standard hours of operation for Extractive Industries 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.

In this case, the applicant is proposing to commence operation at 7:00am Monday to Saturday. A detailed noise impact assessment has been completed through the preparation of a Noise Management Plan. Details contained within the Noise Management Plan demonstrate that noise associated with the activity will not detrimentally impact on the amenity of adjacent properties.

Given the details contained within the Noise Management Plan and the fact no submissions were received in response to advertising of the proposal, it is recommended that the applicants proposed operational times be supported.

Submissions Received

Submissions were received from DBCA and DWER during the comment period and are discussed below:

DBCA

DBCA have stated that they have no objections to the proposal provided that the operation is conducted as per the Environmental Management Plan that was prepared by the environmental consultants.

MRWA

MRWA have no objections to the proposal.

DWER

DWER have identified that the proposal has the potential to impact on the environment and water resource management. By way of summary, they have provided advice on the following key issues:

Environmental licencing

DWER advises that in accordance with Part V of the Environmental Protection Act 1986 (EP Act) a Works Approval must be obtained prior to commencement due to:

· The proposal involving screening, etc. of material: premises (other than premises within category 5 or 8) on which material extracted from the ground is screened, washed, crushed, ground, milled, sized or separated. (50,000 tonnes or more per year)

The purpose of a works approval is to allow DWER to assess the environmental acceptability of a proposal’s potential to cause emissions and discharges during construction and operation. Note that any works approval or licence issued under Part V of the EP Act will only regulate emissions associated with the crushing and screening operation (such as dust, noise and contaminated stormwater). It does not extend to the environmental impacts of extracting the material from the ground or transport off-site.

Change of land ownership

If a prospective buyer purchases the property, they are required to comply with the conditions of the licence and within 30 days of becoming the occupier they must apply for a transfer of the licence or for a new works approval or licence as per section 61 of the EP Act.

Walpole Weir Catchment Area

The development area within Lot 12596 Clarke Road is within the Walpole Weir Catchment Area Priority 2 (P2) Public Drinking Water Source Area. The site is also immediately to the south of Walpole Weir Catchment Area Priority 1 (P1) Public Drinking Water Source Area. Under the Department’s guideline Water Quality Protection Note no. 15 - Basic raw materials extraction July 2019 is compatible with conditions in P1 and P2 areas with conditions for the land use outlined in WQPN 15. Applications for development proposals within the PDWSA should refer the Walpole Weir Catchment Area Drinking water source protection review (April 2016) in regard to management recommendations for water quality risks associated with land use activity.

Environmentally sensitive area

A geomorphic wetland is located on the site within an Environmentally Sensitive Area (ESA). The ESA buffer is less than 50 metres to the south-east of the proposed closest extraction points. In accordance with the Department’s guideline – Water Quality Protection Note no. 6 - Vegetation buffers to sensitive water resources, February 2006, minimum buffer distances from the margin of dampland vegetation for all wetlands is 50 metres.

Council staff have assessed the buffer distances as shown on the Weed Management Plan and the plan shows that there is actually a 100 metre buffer distance from the closest extraction point to the environmentally sensitive area. Having regard to DWER’s advice on this matter, a condition should be imposed requiring a minimum setback of 50 metres from the wetland.

Threatened Ecological Community

A Priority Ecological Community (PEC) - Reedia spathacea - Empodisma gracillimum - Schoenus multiglumis dominated peat paluslopes and sandy mud floodplains of the Warren Biogeographical Region overlaps the work area and Lot 12596 Clarke Road.

In response to this, it is recommended that the applicant be made aware of the DWER advice and requested to liaise with them regarding the issue.

Clearing

The Department has received an application for a clearing permit.

Access road

A proposed access road intersects the wetland 50 metre buffer however vegetation within this area of the buffer is significantly modified. The proposed access road may also intersect the waterway. Minimal riparian vegetation exists along the waterway channel to control sediment flow. Run-off distribution channels should be used to ensure turbid run-off from the road does not pool or collect where sediment may concentrate and result in off-site export.

With regards to DWER’s comments on this matter, a condition shall be imposed requiring upgrading of the internal road system in accordance with the DWER comments.

Water Management Plan

The proposed Water Management Plan as part of the Environmental Management Plan references relevant Department’s guidelines however should also include reference to the updated Water Quality Protection Note no.15 – Basic raw materials extraction, July 2019.

It is recommended an appropriate advice note be included on approval issued.

Conclusion

The applicants have demonstrated through their application and supporting documentation that the operation of the extractive industry as proposed will not detrimentally impact on the amenity of the area. It is therefore recommended that the proposed Industry-Extractive be approved subject to standard conditions, varying the standard hours of operation as identified within Local Planning Policy 6.1.9 – Extractive Industries.

It is also recommended that the applicant be advised of the advice received from DWER.

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 12596 Clarke Road, North Walpole (Application TP180/2020) 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) All drainage and stormwater associated with the gravel extraction pit shall be contained on site to the satisfaction of the Chief Executive Officer;

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

d) The development approval shall expire on 17 December 2025 or once extraction volume of gravel extracted totals 147,000m³, whichever comes sooner;

e) This approval is granted on the basis of truck movements not exceeding an average of 5 truck movements per day;

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 7:00am to 6:00pm Monday to Friday (excluding public holidays); and

(ii) the hours of 7:00am to 12:00pm Saturdays;

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

h) Prior to the 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;

i) Any proven 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;

j) Prior to commencement, the applicant is required to upgrade or seal the internal road so as to prevent silt and turbid run-off entering the Environmentally Sensitive Area as identified by the Department of Water and Environmental Protection;

k) A 50 metre setback is required for all wetlands within the Environmentally Sensitive Area;

l) Rehabilitation gradients shall not exceed 1:6 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;

m) 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, whichever comes first; and

n) The development must not cause airborne dust nuisance to neighbours, or properties located on the nominated haulage route.

Advice to Applicant:

(i) The approved operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’;

(ii) Where clearing of land is involved in the proposed development, the approval of the Department of Water and Environmental Regulations will be required under the provisions of the Environmental Protection (Clearing of Native Vegetation) Regulations 2004; and

(iii) The Department of Water and Environmental Regulation has provided detailed advice regarding the potential for environmental impacts associated with the activity including the potential presence of a Priority Ecological Community. It is recommended that the applicant liaise with the Department over these matters.

ATTACHMENTS
1 ⇨	Attachment No. 1 - Extractive Industry Application & Environmental Management Plan	66 Pages
2 ⇨	Attachment No. 2 - Additional Information	14 Pages
3 ⇨	Attachment No. 3 - Submissions Received	5 Pages

ATTACHMENT

APPENDIX

9.5.4 Proposed Change of Use (Restaurant to Tavern) at Lot 1 (46) Ellis Street, Pemberton

PROPONENT	Barricade Holdings Pty Ltd
OWNER	Barricade Holdings Pty Ltd
LOCATION / ADDRESS:	Lot 1 (46) Ellis Street, Pemberton
WARD:	West
ZONE:	Tourist Enterprise
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/64 P51241
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	1 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The subject land is situated 600m south/south-east of the main street of Pemberton and is currently occupied by the Gloucester Motel. The motel consists of 52 rooms used as sleeping apartments for an approved 130 lodgers, a restaurant, lounge and seminar/conference room. A location plan is shown below.

LOCATION PLAN

On the 15 October 2020 at its Ordinary Meeting, Council considered an application for a Change of Use from Restaurant and Reception Centre to Tavern. Council acknowledged that a Noise Management Plan had been received. A copy of the Plan as submitted is shown attached.

ATTACHMENT: 9.5.4(1)

Given that the details within the document substantially modified the original application, Council resolved (Resolution 28296) to defer consideration of the proposal pending readvertising of the proposal, given:

a) The time that has expired since the previous advertising of the proposal;

b) The significant changes to the proposal as outlined within the Environmental Noise Assessment report referred to in point 2 above; and

c) The need to provide adjacent landowners with opportunity to comment on all available information, including that contained within the Environmental Noise Assessment report.

Council furthermore requested that the advertising outline Council’s intend to consider the proposal subject to:

· a relaxation of the on-site parking requirements by four bays, having regard to the ability for a maximum of four cars to utilise on street parking immediately abutting the site; and

· a maximum occupancy of 202 persons.

An excerpt from the relevant Council minutes is appended.

APPENDIX: 9.5.4(A)

Advertising has now closed and Council is requested to consider the application following the assessment process.

PUBLIC Consultation Undertaken:

In accordance with clause 9.6 of the Scheme the application was advertised for a period of 21 days. A notice was posted on the Shire’s website, in the local paper and a sign on site. Individual landowners within a 200 metre radius were written to and a copy sent to the ward Councillors.

At the close of advertising and the days soon after, 15 submissions had been received in objection to the proposal. Whilst the comments and responses are summarised below, a full copy of the submissions and a schedule of submissions is contained attached.

ATTACHMENT: 9.5.4(2)

ATTACHMENT: 9.5.4(3)

The majority of the submissions received assert that the proposed Tavern will negatively impact on the expected quality of the residential environment in terms of noise, traffic, parking and anti-social behaviours. These potential issues are examined within the balance of this agenda item.

COMMENT (Includes Options):

The subject land is zoned Tourist Enterprise under the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) and is bound by Residential of varying densities to the north-west, north-east and south-east with General Agriculture land to the south-west.

As outlined in clause 10.2 of the Scheme, when considering an application for planning approval, the local government is to have due regard to the following matters, including but not limited to:

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

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

(xi) any social issues that have an effect on the amenity of the locality;

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

(xvii) whether the proposed means of vehicular access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;

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

(xxvi) any relevant submissions received on the application.

Land Use Classification

The use as proposed is consistent with the definition of a Tavern, which the provisions of the Scheme define as follows:

“Tavern – means premises licensed as a tavern under the Liquor Licensing Act 1988 and used to sell liquor for consumption on the premises.”

Land Use Permissibility

A Tavern is an “A” use within the Tourist Enterprise 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”.

Several of the submissions received make the statements to the effect that:

a) The proposed development is not permitted under the planning scheme; and

b) Compelling reasons are required justify the granting of an approval.

Put simply such statements are totally incorrect, with a Tavern being a use listed as capable of being approved within the Zone at the discretion of the local government.

Existing Licensed Premises

Several of the submissions, including one from the Pemberton Sports Club identify that in their opinion there are an excessive amount of liquor licensed premise within the townsite of Pemberton. It is well established through planning case law that commercial competition is not a valid planning consideration, unless it can be demonstrated that approval to the application will result in a net loss of services to the community. In the absence of such demonstration, commercial competition is not a valid planning consideration and refusal of the application on this basis would be contrary to the National Competition Policy.

Maximum Occupancy

Several of the submissions received raise concern that despite any limitation on numbers imposed by the Shire, the applicants would be permitted to obtain approval to a greater number and increase capacity through the liquor licensing process. One submission particularly contends that a maximum capacity of up to 490 people could be obtained.

It should be noted that any limitation imposed by Council in terms of maximum occupancy can be enforced under the Planning and Development Act 2005. Additionally in obtaining a section 40 certificate (Certificate of Planning Compliance), which is a prerequisite for any application for a liquor permit would advise the Department of Racing, Gaming and Liquor that the use would not be consistent with the scheme unless the maximum number of patrons is limited in accordance with any approval granted by Council.

Noise Management

The majority of submissions referred to the impact on the amenity of the neighbouring residents assuming that the noise management plan would not be complied with and that the plan did not adequately assess the noise from patrons as they are leaving or arriving to the venue.

In considering the potential for noise impact resulting from the change of use, Council must have regard to:

a) The potential increase in noise or other impacts resulting from the change of use; and

b) Whether the Noise Management Plan, if implemented, would successfully mitigate the potential for noise to impact on the amenity of the adjacent area.

In this regard it is noted that whilst the range of uses currently permitted on the site allow for wedding receptions and other such uses, it is extremely unlikely that these uses would occur 7 days per week, unlike the use now proposed.

It is also noted that in order to achieve compliance with the Noise Management Plan, the proponent would be responsible for ensuring that:

c) Patron numbers are limited on balconies/terraces during identified time frames;

d) To achieve compliance no patrons should be outside after 10pm and doors to remain closed;

e) Music is not to be played at a high volume.

In regard to the above, the applicant has not provided any information as to how compliance with the Noise Management Plan will be enforced. For example the use of security staff both during the hours of operation and following the close of business to ensure patrons do not linger in the area of the proposed Tavern.

Several of the submissions received identify that patrons leaving the premises and smokers attending the premises wishing to smoke will exit the premises. It is therefore not possible for the proponent to ensure that doors remain closed and in the absence of an air lock or similar, there is potential for noise to detrimentally impact on the amenity of the area when doors are being opened.

Furthermore whilst it is noted that the Noise Management Plan identifies that music should not be played at high volume, this is not quantified and would be difficult to enforce. If complaints were received, specialised noise monitoring equipment would be required to determine if noise levels exceed those permitted under the Environmental Protection (Noise) Regulations.

Within Western Australia there are numerous for licensed venues located within residential areas or on the border of activity centres in larger towns. Often such locations are desirable due to the appeal of living within walking distance of such venues. That said, there are many documented cases of land use conflict between licensed venues and adjacent residential premises within Western Australia.

It should also be noted as reflected with the legal case of Hackney Tavern Nominees –vs- McLeod (1983) the presiding member held the view that “Any resident who lives nearby a hotel must expect a certain amount of necessary or unusual noise from people either arriving at, or more likely, department from the premises.”

Traffic

Assumptions have been made regarding the proposed tavern generating traffic volumes that exceed the capacity of the street and therefore creating potential road safety issues. Ellis Street has a 20 metre road reserve and 7.5 metre pavement width, this road is capable of up to 3,000 vehicle movements per day in accordance with Liveable Neighbourhoods.

The Shire’s last traffic count from 2009 counted 808 vehicles on a standard day, as this is significantly lower than the road is designed for, the potential increase of traffic is unlikely to create safety concerns. That said, given the level of public opposition to the proposal on the basis of traffic and parking impacts, it is recommended that Council should require the applicant to arrange for the preparation of an independent Traffic Impact Assessment before consenting to the proposal.

Parking

A few of the submissions dispute the previous parking calculations of Shire officers, stating that the parking numbers should have been based on the floor area of the proposed tavern instead of based on the number of patrons identified by the proponent in the noise management plan.

It is respectfully noted that if this proposal was for a new building for tavern use, those calculations would have been appropriate. Instead given the venue was previously approved as a motel, lounge, restaurant and reception centre with 66 parking spaces, the previously approved parking concessions formed part of the Planning officer’s consideration. As did the proponents own proposed restrictions proposed on patronage numbers.

As the previous land use of a Reception Centre did not have a standard parking requirement outlined in Town Planning Scheme No.2, the default of one per four patrons could be assumed as being considered appropriate. This would then equate to the Planning Officer’s calculations in the 15 October 2020 Council report.

Anti-social Behaviour

A number of submitters disputed the Shire’s comments that anti-social behaviour is a criminal matter and not a valid planning consideration. Whilst Shire Officers are not in favour of development in which it is certain that anti-social behaviour will occur, submissions received have made assumptions that the proposed tavern will not be managed appropriately and criminal behaviour will occur.

Should the proposed change of use be approved, appropriate conditions of approval will be recommended to ensure that the property is managed to mitigate any criminal activity.

Bushfire Prone Area

One submitter raised the Bushfire Prone status of the property. In this regard it is acknowledged that in 2018 when the property was assessed as being located within a bushfire prone area, the applicant was not requested to provide a Bushfire Attack Level report.

Given the property is downslope from the bushfire hazard and surrounded by built up development, the Bushfire Attack Level (BAL) is assumed to be between BAL-12.5 and BAL-29 and low risk. As there is no proposed building works associated with the change of land use, it is recommended that should the proposal be approved, the submission of a Bushfire Management Plan and Emergency Evacuation Plan be conditioned.

Temporary Planning Approval

In accordance with clause 10.6 of the Scheme, the local government may impose conditions limiting the period of time for which an approval is granted.

One option that may be considered is granting a temporary/time limited approval to allow for the situation and impact on the adjacent residential area to be monitored. The application could then be renewed should there be no substantiated complaints with regards to noise, car parking or other matters.

Conclusion

Whilst the applicant has submitted a Noise Management Plan that appears to demonstrate the use will not result in detrimental impacts from noise, it is noted that:

a) Compliance with the plan would require strict enforcement of the undertakings and the applicant has not at this stage provided any indication as to how this would occur;

b) It is considered impractical for the proponents to ensure external doors remain closed with the need for patrons to be able to leave the premises when either departing the site, or stepping outside for other reasons; and

c) Compliance with the plan is dependent on no “loud” music being played, but what would be considered loud has not been qualified.

Given the above and concerns relating to the level of parking and potential traffic management issues, it is recommended that the application be refused.

Should Council wish to proceed to grant approval it is recommended that consideration be given to the granting of a temporary approval due to the number and types of concerns raised by the public in response to the previous advertising period, allowing sufficient time for the potential impacts associated with the activity to be gauged.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The following Community Goals and Strategies within the Shire of Manjimup Community Strategic Plan 2019-2029 are aimed at encouraging economic development within an easy to navigate regulatory environment.

2. Our Prosperity

Community Goals

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

Strategies

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

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

These goals and strategies must however be balance against the following Community Goals, as identified in section 5 relating to Our Local Government:

5.4 Community Participation in decision making is maximised.

5.5 The Shire communicates effectively will all its communities.

Organisational risk management:

There is a risk that approval to the application as detailed in the Environmental Noise Assessment report (i.e. a maximum of 280 people) will result in the activity detrimentally impacting on the amenity of the adjacent residents through issues associated with parking.

Consideration of allowing a temporary approval to accurately assess how the business is managed and operated will allow for any assumptions that there will be negative impacts on the adjacent residents to be tested.

Financial Implications:

The required application has been paid.

Sustainability:

Environmental: The operation of a Tavern from the subject land has potential to impact on the amenity of the adjacent residential properties and must, if approved, be managed so as to minimise any such impacts.

Economic: Approval to the proposed change of use will permit the existing business to diversify the activities undertaken on site and increase both the number of employees and income associated with the business.

Social: The business will be bound to comply with the Environmental Protection (Noise) Regulations 1997.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance Local Planning Scheme No 4 – Clause 10.3 refuse to grant planning approval to the proposed change of use (Restaurant and Reception Centre to Tavern) at Lot 1 (46) Ellis Street, Pemberton for the following reasons:

1. The applicant has failed to demonstrate to the satisfaction of the Shire of Manjimup how provisions of the submitted Noise Management will be effectively enforced;

2. Approval to the application as submitted would not be consistent with the requirements of clause 5.17 requiring the provision of off street parking capable of catering for the resultant visitor demand;

3. Approval to the application creating an undesirable precedent for the establishment of a Tavern without the provision of suitable off-street parking;

4. In the absence of a Traffic Impact Assessment, the Shire is not satisfied that the activity as proposed will not result in detrimental impacts on the amenity of the area;

5. In the absence of such details as referred to above, approval to the applicant is likely to result in a detrimental impact on the amenity of the area through noise, parking and traffic management considerations.

ATTACHMENTS
1 ⇨	Attachment No 1 - Copy of Noise Management Plan as submitted	21 Pages
2 ⇨	Attachment No 2 - Submissions Combined	48 Pages
3 ⇨	Attachment No 3 - Schedule of Submissions	6 Pages

APPENDICES
a ⇨	Appendix A - 15 October 2020 Meeting Minutes	44 Pages

ATTACHMENT

APPENDIX

9.5.5 Request for an Additional Time Extension to Comply with Planning Conditions at Lot 106 (23) Brockman Street, Pemberton

PROPONENT	Mr S Peaple
OWNER	Jarrah Forest Consulting Pty Ltd
LOCATION / ADDRESS:	Lot 106 (23) Brockman Street, Pemberton
WARD:	West
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/130 P57600
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	1 December 2020
DECLARATION OF INTEREST:	Nil

Background:

In September 2017, Council granted conditional approval to the construction of a Small Bar, Holiday Accommodation and a Café at Lot 106 (23) Brockman Street, Pemberton. The approval was subject to a total of 15 conditions, including a requirement for the construction of 9 parking bays on site.

Council at its Ordinary Meeting held 16 July 2020 considered a request to defer construction of the required parking area to allow the business (known as Jaspers Whisky Bar) to commence operation in order to generate income and complete the development.

LOCATION PLAN

Whilst in the applicants request it was stated that it was intended to construct the car park prior to the end of September 2020, Council resolved to grant them until 31 December 2020 to construct the car parking area. An excerpt of the Council minutes relating to the matter are appended.

APPENDIX: 9.5.5(A)

The owner is now seeking a further extension of time until February 2021 to construct the car parking area in accordance with the standards outlined in Local Planning Scheme No. 4 (the Scheme). Approval to an extension of time will allow for continued occupancy and through the holiday period for the Small Bar and holiday accommodation.

A copy of the request is shown attached.

ATTACHMENT: 9.5.5(1)

PUBLIC Consultation Undertaken:

The application was advertised in 2017 in accordance with clause 9.6 of the Scheme. As detailed in the agenda item presented to Council on 14 September 2017, a total of 5 submissions were received comprising 4 from adjacent landowners and a submission from Main Roads WA.

Several of those submissions expressed concern over the level of parking proposed. The timely provision of parking in accordance with Scheme standards is important to ensure that issues associated with parking do not occur.

COMMENT (Includes Options):

The provisions of the Scheme include the subject land within the Town Centre zone. With respect to the request, the following comments are offered:

Similar Requests

In addition to supporting the deferral of the car park construction on the subject land, it should be noted that at the same meeting in July 2020, two other requests for extension were considered by Council. Both were granted an extension to March or April 2021 to allow for additional time beyond the requests. One of these two had already been granted an extension, of those one had already been granted an extension, whereas the subject property had not.

Parking Standard

The parking standards outlined in clause 5.17.9 of the scheme set the agreed quality that is expected for those developments that require parking to be constructed on site. As stated within that clause, except as otherwise approved by the local government, all parking areas shall be constructed with a sealed surface comprising bitumen seal, concrete, brick paving or pea-gravel seal on a compacted base with associated drainage and line marking.

The Shire has recently endorsed a car parking design plan for use by the landowner to set out the parking spaces.

Provision of Parking prior to Use

As outlined by clause 5.17.1, unless otherwise approved by Council, land within the Scheme area shall not be used or developed unless on-site parking is provided. Continued use of the development in the absence of formally constructed car parking can be approved through a relaxation of this requirement in accordance with clause 5.5 of the Scheme.

Relaxation of Standards

In accordance with clause 5.5 of the Scheme, Council may relax a standard or requirement prescribed by the Scheme, provided that:

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

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

In this case, the potential for non-compliance up to 28 February 2021 has limited potential to result in adverse impacts on either occupiers or users of the development or inhabitants of the locality. It is considered by Shire officers, that the impacts of mandating compliance would be felt on the reputation of the business and town as a result of cancellation of the accommodation bookings.

Basis of Request

As detailed in the submitted correspondence, the applicant has outlined a number of significant impacts on the timing of the development, including:

a) the landowner has been unable to source and engage a contractor to undertake the car park construction; and

b) due to the number of accommodation bookings, there is no window during December to undertake the works without being required to find alternative accommodation for the guests (of which there is no vacancies).

Planning Exemptions

The State Government has approved a number of planning exemptions under the State of Emergency associated with COVID-19 through a Notice of Exemption from Planning Requirements During State of Emergency (Notice of Exemption). In accordance with Schedule 5 of the Notice of Exemption proponents have been granted additional time to provide onsite parking facilities where consistent with the following:

1. Provided that this exemption only applies to:

a) non-residential development; and

b) where the proponents provides less than the number of parking bays required for the use in question, and the shortfall is 10 parking bays or less.

2. An exemption under this clause will expire 90 days after the date upon which the State of Emergency Declaration ceases to have effect or is revoked.

With the lack of a formally sealed parking area on site effectively resulting in a shortfall of 9 parking bays, granting additional time for their construction is consistent with the provisions of Clause 78H of the Notice of Exemption.

Conclusion

Having regard to similar applications, for an extension of time to construct car parking areas, which received approval for completion date prior to 30 April 2021, the request is consistent with previous resolutions of Council.

As it is acknowledged that there is a lack of accommodation in Pemberton to book as an alternative due to current tourism popularity, it is recommended that an extension be granted as requested.

STATUTORY ENVIRONMENT:

The requirements relating to car parking are set out by the provisions of the Scheme. As outlined in the comment section above, Council has authority under the scheme to relax standards or requirements set out within the Scheme. This includes the standard requirement for car parking to be established prior to commencement of the activity.

Policy / Strategic Implications:

A determination in favour of the request to extend the timeframe to construct a sealed car parking area will enable the applicant to continue to operate and schedule the construction in future months.

Organisational risk management:

There is minimal risk associated with approving the applicant’s request. Should the applicant fail to comply with the revised timeline, further action may be considered at that time.

Financial Implications:

Nil.

Sustainability:

Environmental: Unsealed parking areas can lead to erosion and sediment runoff into watercourses and Shire drainage infrastructure.

Economic: Support of the applicants request will provide the landowner with an opportunity to operate the Holiday Accommodation and complete the car park construction, whilst ultimately ensuring compliance with the scheme.

Social: The provision of an appropriate level of parking is imperative in order to ensure that parking issues do not result.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Approve the applicants request for additional time to complete construction of the parking area required in association with Development Application DA17/130 in accordance with the provisions of Part 5.5 of Local Planning Scheme No 4; and

2. Amend condition No (c) of Planning Approval DA17/130, granted by Council on 16 July 2020, to read as follows:

“c. Prior to 28 February 2021, the area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall:

· Be constructed, drained and marked to the satisfaction of the Shire of Manjimup;

· Thereafter maintained to the satisfaction of the Shire of Manjimup; and

· Be made available for such use at all times and not used for any other purpose.”

3. Advise the applicants that no further extensions of time will be granted in respect of the formal car parking construction.

ATTACHMENTS
1 ⇨	Attachment 1 - Request for Time Extension	1 Page

APPENDICES
a ⇨	Appendix A - July 2020 Council Meeting	19 Pages

ATTACHMENT

9.5.6 Delegated Planning Decisions for November 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:	1 December 2020
DECLARATION OF INTEREST:	Nil

Background:

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

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

ATTACHMENT: 9.5.6(1)

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

During November 2020, twenty two (22) 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 November 2020 compared to November 2019:

Table 1: Planning Decisions Made November 2019 and 2020

	November 2019	November 2020
Delegated Decisions	2 ($500,000)	22 ($2,200,754)
Council Decisions	5 ($69,800)	9 ($490,000)
Total	7 ($569,800)	31 ($2,690,754)

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	36 ($3,236,349)	76 ($6,362,932)
Council Decisions	20 ($872,600)	26 ($11,821,000)
Total	56 ($4,108,949)	102 ($18,183,932)

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 November 2020 as per Attachment: 9.5.6(1).

ATTACHMENTS
1 ⇨	Delegated Decisions - November 2020	1 Page

ATTACHMENT

9.5.7 Request for Reconsideration of Condition - Proposed Dam Accross Boundary of Lot 250 and 301 (317) Angels Road, Middlesex

PROPONENT	Mr G J Starkie
OWNER	Ms L Starkie, Mr G J and Mrs J P Starkie
LOCATION / ADDRESS:	Lot 250 and Lot 301 (317) Angels Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA20/162; P56294 & P56295
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	3 December 2020
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held on 26 November 2020, Council resolved (Resolution 28297) to grant conditional planning approval to a Dam across the common boundary of Lots 250 and 301 as shown on the location plan below.

Location Plan

In granting the conditional approval, Council imposed (c), requiring the applicant to complete a boundary adjustment between the two lots, or amalgamation of the two lots, to ensure that the resultant dam was wholly contained within a single title. The applicant has now formally requested that Council reconsider the condition so as to permit them to proceed with the dam construction as soon as possible. A copy of the request is shown attached.

ATTACHMENT: 9.5.7(1)

PUBLIC Consultation Undertaken:

The proposed dam was previously referred to the adjoining landowners and the Department of Water and Environmental Regulation (DWER) in accordance with the requirements of Local Planning Scheme No. 4 (the Scheme). Copies of the submissions received were provided as attachments to the 26 November 2020 agenda item.

Further public consultation is not required in respect of the current request.

COMMENT (Includes Options):

The provisions of the Scheme include the land within the Priority Agriculture Zone. As outlined by Clause 8.4 (xxiv) dams that are setback further than 20 metres from the property boundaries are classified as “permitted development” and do not require the Shire’s prior planning approval.

Given the applicant is seeking to construct the dam across a common property boundary, prior planning approval was required. As detailed in the background section, the applicant has formally requested that Council reconsider condition (c). The condition as imposed by Council reads as follows:

“Prior to the commencement of works associated with the dam, a boundary adjustment between Lots 250 and 301, or amalgamation of the two properties shall occur so as to ensure that dam will be wholly contained within a single title.”

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

Requests for Reconsideration

As outlined within section 10.9 of the Scheme, where an applicant is dissatisfied with a condition of approval, they may request in writing for the local government to reconsider its decision. In accordance with clause 10.9.2 of the Scheme any request for reconsideration must comply with the following:

(i) Shall be lodged with the local government within 28 days of the decision of the local government;

(ii) Will only be valid if there is additional new information provided with the request that was not available to the applicant or the local government when making its original decision;

(iii) Shall be accompanied by 50% of the application fee or such lesser amount as determined by the local government; and

(iv) Will be valid without the payment of a fee if the request for reconsideration is to correct an error in the decision in respect of which the request was made.

In this case, the request for reconsideration has been received within the required 28 day period and the applicant has provided new information in that they are seeking to avoid delays in constructing the dam that would occur as a result of the requirement to complete a boundary adjustment or amalgamation prior to commencement of the dam construction. The proponent has also advised that the exact position of the dam may change due to soil/clay conditions, which could affect the position of a permanent boundary.

With respect to the proponent’s advice that the exact position of the dam may change, it should be noted that any significant modification to the dam design/position will require the Shire’s further planning consent. It is recommended that this information should be conveyed to the applicant via an appropriate advice note.

In terms of payment of a fee, the applicant has not at this stage paid any fee. As outlined overleaf, Council is requested to determine whether a fee should be applied.

Setbacks

As outlined by Clause 8.4 (xxiv) dams that are setback further than 20 metres from the property boundaries are classified as “permitted development” and do not require the Shires prior planning approval.

Notwithstanding the above clause, clause 5.34.2.4 of the Scheme identifies that development within the priority agricultural zone is required to conform to the following standards:

· Minimum front and rear setbacks of 30 metres; and

· Minimum side setbacks of 10 metres.

As the proposed dam will cross the boundaries of the two properties, the application was approved through a relaxation of standards in accordance with Part 5.5 of the Scheme.

Boundary Adjustment/Amalgamation Process

In accordance with the Planning and Development Act 2005 (the Act), the Western Australian Planning Commission is responsible for determining all subdivision applications. This includes proposals to adjust a properties boundaries, or to amalgamate two properties. As prescribed by the Act, the Commission has a period of 90 days to determine application.

In addition to the time taken for an approval to be obtained, the development would be postponed until such time as new titles were lodged with Landgate.

Previous Officer Recommendation

As detailed within the 26 November 2020 agenda, Shire Officers recommended the following two conditions be imposed:

c) Prior to the commencement of works associated with the dam, a boundary adjustment between Lots 250 and 301, or amalgamation of the two properties shall occur so as to ensure that dam will be wholly contained within a single title;

d) As an alternative to the requirements of condition (c) the landowners may enter into a deed of agreement with the Shire of Manjimup facilitating caveats being placed on the Certificate of Titles prohibiting the independent land transfer of the subject properties.

The intent of the condition(s) as recommended was to provide surety that the dam would be constructed, and contained, within a single title. Should Council wish to consider the applicants request, then it is recommended that appropriate surety be sought that the titles will be modified to meet the objective of the condition.

Similar Applications

Council previously considered a similar request in respect of a proposed dam at different location at its 13 June 2019 meeting (Item 9.5.6). In that case, Council resolved (Resolution 27840) to amend the condition requiring a lot amalgamation or boundary realignment by:

a) Amending the wording of the condition to require the completion of the amalgamation/realignment within 12 months of the completion of the works; and

b) Impose an additional condition requiring the landowners to enter into a deed of agreement with associated caveats to effectively guarantee the amalgamation or boundary realignment occurred.

Should Councillors seek to support the applicants request for reconsideration, it is recommended that a consistent approach be taken and conditions similar to those referred to above be imposed.

Payment of Fees

As reflected within Clause 19.9.2(iii) of the Scheme, requests for reconsideration are required to be accompanied by a fee equivalent to 50% of the original application fee, or lower as may be determined by Council. The Shire’s adopted schedule of fees and charges identifies that a fee of $295.00 would normally apply.

In this case, the applicant did not provide any feedback on the original officers recommendation. It is noted however that the recommendation as presented to Council provided an opportunity for the applicant to proceed once a deed of agreement had been entered into. As Council passed an alternative recommendation to that shown in the published agenda, essentially removing the option that would have allow the applicant to proceed prior to the amalgamation, it is recommended that no fees be applied.

Conclusion

In order to ensure that the applicant follows through with the boundary adjustment, it is recommended that:

i) Condition (c) be modified to require the amalgamation and/or boundary adjustment between the two properties to be completed within 12 months; and

ii) Require the applicant and/or landowner to enter into a deed of agreement, at their cost, prior to the commencement of works to ensure compliance with the 12 month period.

STATUTORY ENVIRONMENT:

In accordance with Clause 10.9, the local government must consider a request for reconsideration within 60 days and may:

(i) refuse the request and re-affirm its original decision in the matter;

(ii) revoke its original decision and issue a new determination in the matter; or

(iii) delete, amend or replace the condition or conditions the subject of the request or add, amend or delete other conditions related to the request.

Policy / Strategic Implications:

The request for reconsideration has been processed in accordance with Clause 10.9 of the Scheme.

Organisational risk management:

A legal agreement between the proponent and the Shire will reduce the risk of a permanent construction of a dam over property boundaries.

Financial Implications:

The cost of the preparation and execution of the legal agreement is to be borne by the applicant.

Sustainability:

Environmental: Nil.

Economic: Establishment of a dam to provide water in support of agricultural activity on the subject land will assist towards irrigation of future agricultural activity on the subject land.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1) In accordance with Clause 10.9 of Local Planning Scheme No 4 resolves to:

(a) amend the wording of condition (c) of Development Approval TP148/2020 at Lot 250 and Lot 301 (317) Angels Road, Middlesex to read as follows:

(c) Within 12 months of the completion of the dam hereby approved, Lots 250 and 301 shall be amalgamated or the boundaries reconfigured to ensure that water associated with the southern dam does not cross property boundaries and achieves a minimum 10 metre setback;

(b) Impose an additional condition (f) as follows:

(f) Further to condition (c), the proponent and/or owners of the land are required to enter into a deed of agreement (prepared and executed at the cost of the proponent) with, and to the satisfaction of the Shire of Manjimup, to guarantee the amalgamation or reconfiguration of lot boundaries to ensure that water associated with the dam does not cross property boundaries and can achieve a minimum 10 metre setback to all boundaries.

2. Not impose a fee for reconsideration of the condition as requested.

ATTACHMENTS
1 ⇨	Attachment No 1 - Request for Reconsideration	1 Page

ATTACHMENT

9.7.1 Application To Keep More Than Two Dogs at 78 Lock Street, Manjimup

PROPONENT	Mr Jesse & Mrs Lauren Potts
OWNER	Mr Jesse Potts
LOCATION / ADDRESS:	Lot 612 (78) Lock Street, Manjimup
WARD:	Central
ZONE:	Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161271
LEGISLATION:	Dog Act 1976 and Shire of Manjimup Dogs Local Law 2004
AUTHOR:	Stephen Burch
DATE OF REPORT:	18 November 2020
DECLARATION OF INTEREST:	Nil

Background:

Shire Officers attended the above address after receiving a complaint after hours about an incident that occurred in the nature reserve abutting Lock Street where one dog was wandering. It was found that the dog was residing at 78 Lock Street, Manjimup.

During the investigation it was discovered that three dogs were residing at 78 Lock Street, Manjimup. A direction was given to the applicant to register all dogs and submit an application to keep more than two dogs at 78 Lock Street. The directions were promptly actioned by the applicant.

An application has been received to keep three dogs, two sterilised Border Collie X Red Heeler’s, one male and the other female and one unsterilised male mixed breed dog, all dogs over the age of three months at the subject property are as follows:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1.	Mixed Breed	1 Year	953 010 004 894 978	No	M	157/2021
2.	Border Collie X Red Heeler	11 Years	953 010 004 894 955	Yes	F	158/2021
3.	Border Collie X Red Heeler	11 Years	953 010 004 894 970	Yes	M	159/2021

A copy of the application as submitted is shown attached.

ATTACHMENT: 9.7.1(1)

PUBLIC Consultation Undertaken:

Shire of Manjimup sent notification to three separate landowners of abutting properties. A single submission was received in response, objecting to the application and raising concern over potential barking noise and other issues. A copy of the submission received is shown attached.

ATTACHMENT: 9.7.1(2)

COMMENT (Includes Options):

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

Limitation on Number of Dogs

In accordance with Part 3 Clause 3.2(2) of the Shire of Manjimup Dog Local Laws 2004, a person shall not without an exemption in writing from the Council, keep more than 2 dogs over the age of 3 months on land used for residential purposes. As the subject land is zoned Residential under the Shire of Manjimup’s Local Planning Scheme No 4, the applicant has been keeping dogs in excess of the numbers permitted under the Dog Local Laws.

Council Policy

At its Ordinary Meeting held on 5 May 2016, Council adopted Policy 5.2.5 - Applications to Keep Additional Dogs or Cats (the Policy) in order to guide the assessment of applications to keep additional dogs or cats. This policy acts as valuable guideline for Shire of Manjimup employees for assessing applications and outlines acceptable and unacceptable grounds for requesting more than the legal number of animals prescribed by Acts and Local Laws.

In accordance with the Policy, applications shall only be permitted where the following reasons apply:

i. To replace an elderly or sick dog/cat that it is not expected to live;

ii. Sudden family emergency and dog/cat inherited;

iii. Merging of two households; and

iv. Where the applicants have had approval to keep more than the prescribed number in another local authority.

The Policy furthermore outlines that applications made on the following grounds shall not be supported:

a) Just wanting another dog/cat;

b) Rescued a stray and would like to keep it;

c) Family member moves home and brings dog/cat;

d) A third party moving into a property (i.e. a boarder) and bringing a dog/cat with them;

e) Wanting to keep puppies/kittens from litters that have not been disposed of within three months of being born;

f) For breeding purposes, unless the owner is a registered breeder; and

g) Applications seeking to keep declared or restricted breeds.

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

Justification of Ownership

The applicant has indicated that they have current legal ownership of the three dogs. All three dogs are registered and microchipped as required by the provisions of the Dog Act 1976.

Ownership History

The Shire of Manjimup has recorded one minor incident with the applicant’s dogs. The incident occurred after hours on 2 October 2020, where the side gate at 78 Lock Street had been left open by a young child who resides at the address.

The open gate allowed the youngest dog to wander onto Lock Street and approached a member of the public who was walking their dog at the time. The member of public did not want to pursue the matter after the owner of the dog was able take it back to the property. The dog was not impounded and no infringements were issued. The owner was however, given a verbal warning about the dog wandering and was directed to register all dogs and submit an application to keep more than two dogs. Which were promptly completed.

Should Council wish to approve the application, it is recommended that appropriate conditions be imposed to ensure that the approved dogs do not wander or create a nuisance.

Suitability of Property

The subject property has an area of 716m², is owned by the applicants and is suitable to cater for the needs of the dogs. In addition to external fencing on the property, the owners have now erected a suitable enclosure to confine the dogs when they are not in attendance at the property.

Submission Received

Whilst the person objecting has raised concerns over potential barking issues and other matters, a search of Shire records indicates no complaints have been lodged.

Conclusion

Notwithstanding that the applicants reasons for wanting to keep more than two dogs is not consistent with the objectives of Council’s adopted Policy, it is recommended that the application be approved for the following reasons:

· The applicant has owned two of the dogs for several years;

· The two original dogs are somewhat elderly at 11 years of age;

· The applicant has directions issued by officers and has had the dogs registered;

· The application to keep more than two dogs has been received; and

· The applicant has built an enclosure on the side of the shed that the dogs will be kept in when residents are out to prevent any dogs getting out of the main section of the backyard.

It is recommended that Council should take into consideration the applicant’s cooperativeness in attempting to obtain exemption and grant conditional approval.

STATUTORY ENVIRONMENT:

Dog Act 1976 Section 26(3)

Shire of Manjimup Dogs Local Law 2004 Part 3 Clause 3.2(2)

Policy / Strategic Implications:

As outlined within the comment section above, the proposal as submitted is not consistent with the requirements of Policy 5.2.5 - Applications to Keep Additional Dogs or Cats. Notwithstanding this, given the co-operative nature of the applicant, it is recommended that approval be granted subject to appropriate conditions.

Organisational risk management:

Due to no complaints being received in regards to the dogs being a nuisance, there is a low level risk for the health and enjoyment of neighbouring properties to be impacted if permission is granted to keep more than the prescribed number of dogs.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The appropriate management of the dogs is required to ensure that the amenity of the area will not be detrimentally impacted on. An appropriate condition of approval is recommended to ensure that the dogs will be managed so as not to create a nuisance.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council grant an exemption pursuant to Shire of Manjimup Dog Local Laws 2004 Part 3 Clause 3.2(2) in order to keep three dogs on and within 78 Lock Street, Manjimup subject to compliance with the following conditions:

a) This approval relates to the keeping of the following dogs only:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1.	Mixed Breed	1 Year	953 010 004 894 978	No	M	157/2021
2.	Border Collie X Red Heeler	11 Years	953 010 004 894 955	Yes	F	158/2021
3.	Border Collie X Red Heeler	11 Years	953 010 004 894 970	Yes	M	159/2021

b) The applicant/owner of the dogs shall ensure that the dogs are managed so as to not leave the property un-accompanied or exhibit nuisance behaviour;

c) The dogs hereby approved shall not be substituted or replaced unless otherwise approved by Council; and

d) Once the numbers have been reduced to two dogs, the exemption is no longer valid.

Advice to Applicant:

i) The applicant is advised that the Shire of Manjimup reserve the right to revoke this approval should any of the above conditions not to be met, or any complaints, legal contraventions and/or nuisance results from the keeping of the additional dogs on the premises; and

ii) The applicant is advised that this approval is not transferrable to other dogs or another property without the prior approval of the Shire of Manjimup.

ATTACHMENTS
1 ⇨	Applicaton To Keep More Than Two Dogs	3 Pages
2 ⇨	Application to Keep More Than Two Dogs - Neighbour Survey - Objection - 78 Lock Street, Manjimup	1 Page

ATTACHMENT

9.7.2 Application To Keep More Than Two Dogs at 4 Wheatley Street, Manjimup

PROPONENT	Mrs Denise Gosper
OWNER	Mr W E & Mrs D M Gosper
LOCATION / ADDRESS:	Lot 15 (4) Wheatley Street, Manjimup
WARD:	Central
ZONE:	Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161271
LEGISLATION:	Dog Act 1976 and Shire of Manjimup Dogs Local Law 2004
AUTHOR:	Ashleigh Reeve
DATE OF REPORT:	26 November 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has received an Application to Keep More than Two Dogs at Lot 15 (4) Wheatley Street, Manjimup. Further details in regards to the dogs to be kept at the subject property are as follows:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	American Staffordshire x	4 Years	956 000 004 314 478	Yes	Female	134 / 2021
2	Kelpie x	2 Years	953 010 002 776 138	Yes	Male	22 / 2022
3	Staffordshire x	8 Months	953 010 004 944 912	Yes	Male	2045 / 2023

As stated in the application, the third dog was adopted by the applicant after viewing a social media post, which allegedly stated “if no home is found, he will be put down”. As the applicant feared that the dog may be euthanised, they obtained ownership and proceeded to have the dog registered, microchipped, sterilised and vaccinated. A copy of the application is shown attached.

ATTACHMENT: 9.7.2(1)

PUBLIC Consultation Undertaken:

The Shire of Manjimup sent notification to seven separate landowners of abutting properties with the comment period closing on 25 November 2020. No responses or feedback was received.

COMMENT (Includes Options):

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

Limitation on Number of Dogs

In accordance with Part 3 Clause 3.2(2) of the Shire of Manjimup Dog Local Laws 2004, a person shall not without an exemption in writing from the Council, keep more than 2 dogs over the age of 3 months on land used for residential purposes. As the subject land is zoned Residential under the Shire of Manjimup’s Local Planning Scheme No 4, the applicant has been keeping dogs in excess of the numbers permitted under the Dog Local Laws.

Council Policy

In accordance with the Policy, applications shall only be permitted where the following reasons apply:

i. To replace an elderly or sick dog/cat that it is not expected to live;

ii. Sudden family emergency and dog/cat inherited;

iii. Merging of two households; and

iv. Where the applicants have had approval to keep more than the prescribed number in another local authority.

The Policy furthermore outlines that applications made on the following grounds shall not be supported:

a) Just wanting another dog/cat;

b) Rescued a stray and would like to keep it;

c) Family member moves home and brings dog/cat;

d) A third party moving into a property (i.e. a boarder) and bringing a dog/cat with them;

e) Wanting to keep puppies/kittens from litters that have not been disposed of within three months of being born;

f) For breeding purposes, unless the owner is a registered breeder; and

g) Applications seeking to keep declared or restricted breeds.

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

Ownership History

The Shire of Manjimup has no recorded history nor received any complaints of the dogs listed within the application.

Suitability of Property

The subject land is a 2,198m² residential lot, being approximately twice the size of other properties abutting the site. The site is considered suitable for the housing of the three dogs as proposed.

Conclusion

Notwithstanding that the applicant’s reasons for wanting to keep more than two dogs are not consistent with the objectives of Council’s adopted Policy, it is recommended that the application be approved for the following reasons:

· The applicant has owned the additional dog for several months;

· The applicant owns the property on which the three dogs will be kept. The property is a large property, being 2198m² in size and is secure and suitable to house all three dogs;

· All three dogs are registered, microchipped and sterilised; and

· An Application to Keep More than Two Dogs has been received.

It is recommended that Council should take into consideration the applicant’s initiative in attempting to obtain exemption without Shire Officer intervention.

STATUTORY ENVIRONMENT:

Dog Act 1976 Section 26(3)

Shire of Manjimup Dogs Local Law 2004 Part 3 Clause 3.2(2)

Policy / Strategic Implications:

Organisational risk management:

Due to no history or complaints being received in regards to the dogs, there is a low level risk of impact for the health, safety and enjoyment of neighbouring properties and the community if permission is granted to keep more than the prescribed number of dogs.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council grant an exemption pursuant to Shire of Manjimup Dog Local Laws 2004 Part 3 Clause 3.2(2) in order to keep three dogs on and within 4 Wheatley Street, Manjimup subject to compliance with the following conditions:

a) This approval relates to the keeping of the following dogs only:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	American Staffordshire x	4 Years	956 000 004 314 478	Yes	Female	134 / 2021
2	Kelpie x	2 Years	953 010 002 776 138	Yes	Male	22 / 2022
3	Staffordshire x	8 Months	953 010 004 944 912	Yes	Male	2045 / 2023

b) The applicant/owner of the dogs shall ensure that the dogs are managed so as to not leave the property un-accompanied or exhibit nuisance behaviour;

c) The dogs hereby approved shall not be substituted or replaced unless otherwise approved by Council; and

d) Once the numbers have been reduced to two dogs, the exemption is no longer valid.

Advice to Applicant:

ii) The applicant is advised that this approval is not transferrable to other dogs or another property without the prior approval of the Shire of Manjimup; and

iii) The applicant is advised that wanting to rescue a dog is not normally considered a valid reason for the keeping of more than two dogs and any applications for the keeping of additional animals are unlikely to be supported.

ATTACHMENTS
1 ⇨	Application To Keep More Than Two Dogs - Denise Gosper	5 Pages

ATTACHMENT

9.7.3 Application To Keep More Than Two Cats at RSN 104 Ockwell Road, Eastbrook

PROPONENT	Mrs Monica Radomiljac
OWNER	Mr D W & Mrs M A Radomiljac
LOCATION / ADDRESS:	Lot 4 (RSN 104) Ockwell Road, Eastbrook
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161270
LEGISLATION:	Cat Act 2011 Shire of Manjimup Cat Local Law 2020
AUTHOR:	Ashleigh Reeve
DATE OF REPORT:	26 November 2020
DECLARATION OF INTEREST:	Nil

Background:

On 20 October 2020, Shire Officers received a call requesting assistance in disposing of a feral cat caught in a private trap. Upon arrival, it was noted that several domesticated cats, living in purpose built cat enclosures were located at the property. It was also noted the owner had not obtained a permit to keep more than the prescribed number of cats as per the Shire of Manjimup Cat Local Law 2020.

The Shire Officer who attended then informed the cat owner that they must register all cats at the property and submit an Application to Keep More Than Two Cats as the prescribed number per premise is limited to two.

Shortly following the above direction, an Application to Keep More Than Two Cats at Lot 4 (RSN 104) Ockwell Road, Eastbrook was received and all cats were registered. Further details in regards to the cats to be kept at the subject property are as follows:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Bengal	9 Years	982 000 356 788 986	Yes	Female	508 / 2023
2	Bengal	8.5 Years	981 020 005 474 578	Yes	Male	509 / 2023
3	Bengal	10 Years	982 000 356 792 138	Yes	Female	510 / 2023
4	Bengal	9 Years	956 000 002 457 998	Yes	Female	511 / 2023
5	Bengal	6 Years	953 010 004 945 031	Yes	Male	512 / 2023
6	Bengal	7 Years	982 000 356 792 665	Yes	Male	507 / 2023

A copy of the application is shown attached.

ATTACHMENT: 9.7.3(1)

PUBLIC Consultation Undertaken:

Shire of Manjimup sent notification to three separate landowners of abutting properties. No responses or feedback was been received as of the close of the comment period on 25 November 2020.

COMMENT (Includes Options):

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

Limitation on Number of Cats

In accordance with the Shire of Manjimup Cat Local Law 2020 Part 4 Clause 4.2, a person shall not without an approved permit from Council, keep more than 2 cats over the age of 6 months on any premises.

Council Policy

In accordance with the Policy, applications shall only be permitted where the following reasons apply:

i. To replace an elderly or sick dog/cat that it is not expected to live;

ii. Sudden family emergency and dog/cat inherited;

iii. Merging of two households; and

iv. Where the applicants have had approval to keep more than the prescribed number in another local authority.

The Policy furthermore outlines that applications made on the following grounds shall not be supported:

a) Just wanting another dog/cat;

b) Rescued a stray and would like to keep it;

c) Family member moves home and brings dog/cat;

d) A third party moving into a property (i.e. a boarder) and bringing a dog/cat with them;

e) Wanting to keep puppies/kittens from litters that have not been disposed of within three months of being born;

f) For breeding purposes, unless the owner is a registered breeder; and

g) Applications seeking to keep declared or restricted breeds.

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

Justification of Ownership

The applicant has indicated, they have owned all six cats for several years. Multiple cats were adopted from a cattery, which closed down after the 2010 Queensland floods with the remaining cats being owned by the applicant since they were kittens.

All six cats which range in age from 6 to 10 years old are registered, sterilised and microchipped as required by the provisions of the Cat Act 2011. The applicant stated that the cats rescued from the closed down cattery are only friendly to the applicant and not to strangers.

Suitability of Property

The subject property has an area of 132.25ha and contains purpose built enclosures adjacent to the dwelling, which is centrally located on the property. As a result approval to the application as submitted will not result in detrimental impacts on the adjacent properties.

Wandering

In accordance with the Shire of Manjimup Cat Local Law 2020 Clause 4.6 and Clause 4.8, Council shall not grant an exemption unless it is satisfied that the number of cats to be kept will be contained to the premise unless under effective control and not cause a nuisance, inconvenience or annoyance to the occupiers of adjoining land.

The applicant stated that the cats spend most of their time in the purpose built cat enclosures situated in the backyard of the property. Photographs of the enclosures are attached.

ATTACHMENT: 9.7.3(2)

Should Council grant approval for a permit, there is an opportunity to impose strict conditions to ensure that the approved cats are contained on the property at all times. Imposition of such a requirement will ensure the approved cats do not wander, create a nuisance and are not a threat to local wildlife.

Conclusion

Shire of Manjimup records show there is no history or complaints received about the cats. Given this and the fact the applicant has already constructed two purpose built cat enclosures to contain the cats, it is recommended that conditional approval be granted.

STATUTORY ENVIRONMENT:

As referred to within the comment section above, the relevant legislation consists of the Cat Act 2011 and Shire of Manjimup Cat Local Law 2020.

Policy / Strategic Implications:

As outlined within the comment section above, the proposal as submitted is not consistent with the requirements of Policy 5.2.5 - Applications to Keep Additional Dogs or Cats. Notwithstanding this, given the co-operative nature of the applicant and having owned the cats for several years, it is recommended that approval be granted subject to appropriate conditions.

Approval to the application subject to confinement of the cats to the property is consistent with Strategies A1 and A3 of the Shire of Manjimup Strategic Community Plan 2019-2029, which read as follows:

A1. Support initiatives that protect and nurture biodiversity and endemic species; and

A3. Implement measures to mitigate or control the negative impact of feral animals on our natural environment.

Organisational risk management:

All cats listed within the application are sterilised and as a result, there is no risk of the cats breeding. If a permit is issued, the applicant shall take extra precaution on ensuring the cats are contained to the cat enclosures and/or property. In affect this will reduce the threat to native fauna and the potential for a nuisance to be created.

Financial Implications:

Nil.

Sustainability:

Environmental: Domestic cats do have the potential to impact on the environment if not contained effectively. Both the Cat Act 2011 as well as the Shire of Manjimup Cat Local Law 2020 mitigate the risk to the environment through a cat control strategy.

Economic: Nil.

Social: No impact is anticipated provided the cats are contained within the property.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council approve a permit as per Shire of Manjimup Cat Local Law 2020 Part 4 Clause 4.7 to keep six cats on and within Lot 4 (RSN 104) Ockwell Road, Eastbrook subject to compliance with the following conditions:

a) This approval relates to the keeping of the following cats only:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Bengal	9 Years	982 000 356 788 986	Yes	Female	508 / 2023
2	Bengal	8.5 Years	981 020 005 474 578	Yes	Male	509 / 2023
3	Bengal	10 Years	982 000 356 792 138	Yes	Female	510 / 2023
4	Bengal	9 Years	956 000 002 457 998	Yes	Female	511 / 2023
5	Bengal	6 Years	953 010 004 945 031	Yes	Male	512 / 2023
6	Bengal	7 Years	982 000 356 792 665	Yes	Male	507 / 2023

b) This exemption shall expire once the numbers have been reduced to two cats on the property;

c) The applicant owner shall maintain the existing cat enclosures to the satisfaction of the Shire of Manjimup, to ensure confinement of the cats occurs when they are outside of the dwelling on the property;

d) The applicant/owner of the cats shall ensure that the cats are managed at all times so as to not leave the property un-accompanied or exhibit nuisance behaviour; and

e) The cats hereby approved shall not be substituted or replaced unless otherwise approved by Council.

Advice to Applicant:

i. The applicant is advised that the Shire of Manjimup reserve the right to revoke this approval should any of the above conditions not be met, or any complaints and/or nuisance results from the keeping of the additional cats on the premises; and

ii. The applicant is advised that this approval is not transferrable to other cats or another property without the prior approval of the Shire of Manjimup.

ATTACHMENTS
1 ⇨	Attachment No 1 - Copy of Submitted Application	4 Pages
2 ⇨	Attachment No 2 - Photographs of Cat Enclosures	2 Pages

102

ATTACHMENT

9.7.4 Application To Keep More Than Two Cats at Lot 73 (13) Williams Court, Palgarup

PROPONENT	Mrs Shirley Hall
OWNER	Mr S E & Mrs S A Hall
LOCATION / ADDRESS:	Lot 73 (13) Williams Court, Palgarup
WARD:	North
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161270
LEGISLATION:	Cat Act 2011 Shire of Manjimup Cat Local Law 2020
AUTHOR:	Ashleigh Reeve
DATE OF REPORT:	4 December 2020
DECLARATION OF INTEREST:	Nil

Background:

On 9 November 2020, the applicant attended the Shire of Manjimup office to register three cats at Lot 73 (13) Williams Court, Palgarup. Upon doing so, a Shire Officer informed them that the maximum number of cats per premise is two and they will would need to submit an Application to Keep More Than Two Cats in order to obtain a permit to keep more than the prescribed number.

Following the advice given, an Application to Keep More Than Two Cats at Lot 73 (13) Williams Court, Palgarup was lodged for the following cats to be kept at the subject property:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Domestic Short Hair	3 Years	953 010 002 510 038	Yes	Male	519 / 2023
2	Domestic Short Hair	3.9 Years	953 010 001 247 763	Yes	Male	518 / 2023
3	Domestic Short Hair	8 Months	953 010 004 894 959	Yes	Male	517 / 2023

A copy of the submitted application is shown attached.

ATTACHMENT: 9.7.4(1)

PUBLIC Consultation Undertaken:

Shire of Manjimup sent notification to five separate landowners of abutting properties. Two responses were received as of close of the comment period on 9 December 2020. A copy of the responses, are shown attached, whilst the content of the submissions is discussed within the Comment section overleaf.

ATTACHMENT: 9.7.4(2)

COMMENT (Includes Options):

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

Limitation on Number of Cats

Council Policy

In accordance with the Policy, applications shall only be permitted where the following reasons apply:

i. To replace an elderly or sick dog/cat that it is not expected to live;

ii. Sudden family emergency and dog/cat inherited;

iii. Merging of two households; and

iv. Where the applicants have had approval to keep more than the prescribed number in another local authority.

The Policy furthermore outlines that applications made on the following grounds shall not be supported:

a) Just wanting another dog/cat;

b) Rescued a stray and would like to keep it;

c) Family member moves home and brings dog/cat;

d) A third party moving into a property (i.e. a boarder) and bringing a dog/cat with them;

e) Wanting to keep puppies/kittens from litters that have not been disposed of within three months of being born;

f) For breeding purposes, unless the owner is a registered breeder; and

g) Applications seeking to keep declared or restricted breeds.

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

Justification of Ownership

Initially, the applicant originally owned one of the three cats listed for several years before obtaining the other two. The reasoning behind the ownership is stated within the application is they were going to be euthanised, so the applicant adopted them.

All three cats’, aged range from 8 months to 3 years old are registered, sterilised and microchipped as required by the provisions of the Cat Act 2011.

As the justification provided is not consistent with provisions of the Policy, Council is requested to determine the application.

Submissions Received

As detailed in the Public Consultation section, two submissions were received. Whilst neither submission objects to the proposal, one submission has stated that they have no objection unless the cats are free to roam.

Wandering

In accordance with the Shire of Manjimup Cat Local Law 2020 Clause 4.6 and Clause 4.8, Council shall not grant an exemption unless it is satisfied that the number of cats to be kept will be contained to the premise unless under effective control and not cause a nuisance, inconvenience or annoyance to the occupiers of adjoining land.

The applicant has fully enclosed the back patio, which acts as a purpose built cat enclosure. There is ample space for the cats to exercise without roaming or escaping and several items located inside which provide environmental enrichment. Photographs of the enclosures are shown attached.

ATTACHMENT: 9.7.4(3)

Complaints

The Shire of Manjimup has not received any written complaints about the cats wandering or causing a nuisance. That said a verbal complaint was received several months ago about one of the cats listed within the application. The cat wandered onto a neighbouring property multiple times and was caught in a shire owned cat trap.

Following the impoundment of the cat, the applicant took initiative and created the purpose built cat enclose to abate the nuisance/issue. No further complaints have been received.

Conclusion

As detailed above, a person may not keep more than two cats on any premise, unless a permit has been issued. Shire of Manjimup records show there is no written complaints lodged against the cats, although there was a verbal complaint received several months ago which has been resolved.

The applicant already has a purpose built cat enclosure, which the cats reside in permanently. This set-up mitigates the risk of the cats leaving the property unattended and allows for the cats to gain some form of exercise without causing a nuisance.

STATUTORY ENVIRONMENT

As referred to within the comment section above, the relevant legislation consists of the Cat Act 2011 and Shire of Manjimup Cat Local Law 2020.

Policy / Strategic Implications:

As outlined within the comment section above, the proposal as submitted is not consistent with the requirements of Policy 5.2.5 - Applications to Keep Additional Dogs or Cats. Notwithstanding this, given the co-operative nature of the applicant and having owned the cats for several months, it is recommended that approval be granted subject to appropriate conditions.

A1. Support initiatives that protect and nurture biodiversity and endemic species; and

A3. Implement measures to mitigate or control the negative impact of feral animals on our natural environment.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Economic: Nil.

Social: No impact is anticipated provided the cats are contained within the property.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council approve a permit as per Shire of Manjimup Cat Local Law 2020 Part 4 Clause 4.7 to keep 3 cats on and within Lot 73 (13) Williams Court, Palgarup subject to compliance with the following conditions:

a) This approval relates to the keeping of the following cats only:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Domestic Short Hair	3 Years	953 010 002 510 038	Yes	Male	519 / 2023
2	Domestic Short Hair	3.9 Years	953 010 001 247 763	Yes	Male	518 / 2023
3	Domestic Short Hair	8 Months	953 010 004 894 959	Yes	Male	517 / 2023

b) This exemption shall expire once the numbers have been reduced to two cats on the property;

c) The applicant owner shall within 30 days establish an appropriate confinement system such as a cat run, to the satisfaction of the Shire of Manjimup, to ensure confinement of the cats occurs when they are outside of the dwelling on the property;

d) The applicant/owner of the cats shall ensure that the cats are managed at all times so as to not leave the property un-accompanied or exhibit nuisance behaviour; and

e) The cats hereby approved shall not be substituted or replaced unless otherwise approved by Council.

Advice to Applicant:

ii. The applicant is advised that this approval is not transferrable to other cats or another property without the prior approval of the Shire of Manjimup.

iii. The applicant is advised that wanting to rescue a cat is not normally considered a valid reason for the keeping of more than two cats and any applications for the keeping of additional animals are unlikely to be supported.

ATTACHMENTS
1 ⇨	Application To Keep More Than Two Cats - Shirley Hall	3 Pages
2 ⇨	Public Consultation Comments	2 Pages
3 ⇨	Cat Enclosure Photographs	2 Pages

114

9.9.1 Manjimup Trail Bike Trails Hub - Request for Funding Implementation of Stages 1 to 4

PROPONENT	Manjimup Trail Bike Hub Inc. / Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Various
WARD:	North
ZONE:	Various
DIRECTORATE:	Community Services
FILE REFERENCE:	F161002
LEGISLATION:	Local Government Act 1995
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	26 November 2020
DECLARATION OF INTEREST:	The author of this report is a member (Treasurer) of the Manjimup Trail Bike Hub Inc. Interim Executive Committee as a Shire representative to facilitate the pre-stage project and manage Shire project funds.

Background:

On 26 March 2020 Council resolved:

28139

That Council:

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

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

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

A few months after this Council meeting, the Shire’s Chief Executive Officer (CEO) secured funds ($20,000) from the Department of Primary Industries and Regional Development (DPIRD), coordinated by the South West Development Commission (SWDC), for the development of a Business Case for the total Manjimup Trail Bike Hub (MTBH). As the MTBH is listed as a priority project for the region with the SWDC, the aim of developing a Business Case was for the entire project (Stages 1 to 6) to become funding ready when future state or federal funds, in particular would become available. The development of a Business Case was particularly timely, as the MTBH initiative is very well positioned to contribute towards the post COVID-19 economic and tourism recovery. Rather than applying for a grant for only Stages 1 & 2 under Round 3 of the Regional Economic Development grant program (with only a relatively small pool of funds available), the CEO decided it best to await the completion of the Business Case in order to be able to leverage more upon allocated funding and to secure a higher funding amount to deliver more stages.

Lucid Economics Pty Ltd (Lucid Economics) was engaged by the Shire of Manjimup to develop the Business Case. As part of this work, Lucid Economics undertook an in-depth review of the MTBH’s Economic Impact Assessment (EIA) he had prepared in 2019, and conducted a Cost-Benefit Assessment of the potential development of the Hub.

The Business Case and EIA are now completed, and as such the MTBH project in its entirety is ready for funding applications to be submitted. The Building Better Regions Fund (BBRF) has been identified as a suitable Fund for the MTBH project.

The purpose of this report is to seek Council’s support for submitting a grant application under the upcoming BBRF program, and to consider a financial contribution towards this application for the implementation of the MTBH.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Manjimup Trail Bike Hub

It is considered that the MTBH presents a unique economic development opportunity for the Shire of Manjimup in addition to being considered as a sport and recreation opportunity. Perhaps the most appealing aspect of the Hub for the Shire of Manjimup is the point of difference this type of facility would provide. Unaware of any similar offering currently available for trail bike riders in Western Australia, the MTBH has untapped potential to attract significant numbers of visitors to the region.

The project seeks to establish Manjimup as the centre for trail bike riding in Western Australia, creating a significant new catalyst for visitation to the Shire. The project will include new trail development but more importantly it would create marketing activities to raise awareness, tourism experiences as well as help create additional supporting infrastructure such as accommodation and restaurants that cater for trail bike riders. The creation of a major visitor attraction (through the development of the MTBH), has the potential to attract visitors to the area and increase tourism activity locally, as well as attract private sector investment into new businesses, such as hotels, cafes, restaurants, specialty trail bike shops and others.

Economic Impact Assessment (EIA)

According to the EIA the MTBH is likely to attract over 33,600 visitors annually, injecting $12.8 million in visitor expenditure for Manjimup per year, once fully completed. This level of expenditure will contribute (directly and indirectly) $7.9 million to the local economy, in Gross Regional Product (GRP) terms. It will also directly and indirectly support 75 full-time equivalent (FTE) positions in the area.

The table below provides an overview of the Cost Benefit Analysis for the MTBH. At the selected real discount rate of 7% for this project, the analysis yields a Benefit to Cost Ratio (BCR) of 4.1 meaning that it is economically desirable and provides a net benefit. Even at the higher discount rate of 10%, the project still yields a positive NPV and BCR. At 7% discount rate, for every $1 in costs associated with the project, there are $4.14 of benefits.

Beyond these quantifiable economic benefits, there would be numerous additional economic benefits stemming from the development of the MTBH, including:

· Economic Diversification: business activity in small towns that rely on only a few industries can be volatile, susceptible to macroeconomic events and shocks outside of the town. A more diversified economy is important for the longer term sustainability of the region. The MTBH can provide greater diversity to the growing adventure and exploration trail tourism market that the region is becoming renowned for.

· Sustainability of the Town: Manjimup’s population has been trending lower for more than 15 years, with the region’s resident population also ageing rapidly (Manjimup’s median age has risen from 39 years in 2006 to 45 years in 2016 (ABS, 2017)) over the past decade. An increased tourism industry presence has the potential to increase the town’s job opportunities, particularly for younger residents (who are more likely to work within the tourism industry) and help to reverse the decline in the region’s younger population.

· Increased Business Confidence: any investment that takes place in a small areas such as Manjimup that can diversify the local economy has significant flow-on benefits, with the project having the potential to greatly increase local business confidence, which could trigger additional investments and job creation across the economy.

· Business Sustainability: all businesses in Manjimup are small and by nature any increase in infrastructure that generate additional activity in the town is important and will assist with the ongoing sustainability of local businesses.

· Profile of Manjimup: if the MTBH development proceeds, Manjimup would likely benefit from a raised profile as the MTBH is marketed and visitors begin to associate Manjimup with trail bike riding. The Southern Forests is already a recognised trail destination with the Bibbulmun Trail (walking) and the Munda Biddi Trail (mountain biking) traversing the region. The Hub would further accentuate the existing profile and add a new dimension to it specifically for trail bike riding. Additionally, this increased recognition of Manjimup as a trail bike hub could also attract future events and other forms of tourism, generating additional economic benefits.

COVID impact

The impact of COVID-19 on the outdoor trails scene is not all bad news. There have been reports of more people out riding and some bike shops seeing an uptake in business as people look to an alternative to public transport.

With a very strong Return on Investment (ROI), the MTBH initiative is very well positioned to contribute towards the post COVID-19 economic recovery, due to the following reasons:

· Trails provide a great opportunity for regular outdoor recreation, when it suits the rider, meeting social distancing guidelines.

· With restrictions on interstate and international travel, there is evidence of increased intrastate travel and outdoor activities such as trail bike riding.

· The MTBH will have a significant appeal to intrastate and interstate visitors.

· No comparable facilities/Hub are available elsewhere in Western Australia or the country.

Building Better Regions Fund

The Australian government has announced $200M (incl. $100M for tourism related infrastructure projects) as Round 5 of the Building Better Regions Fund (BBRF) to support the creation of jobs, drive economic growth and build stronger regional communities into the future. The funding aims to encourage more Australians to travel and experience a home-grown holiday, boosting regional jobs and local economies.

BBRF Round 5 will be delivered like its previous four rounds, with two streams: the Infrastructure Project and Community Investment streams. The MTBH would fit the Infrastructure Project Investment stream. Round 5 will open in December 2020 and close in January 2021.

Although the guidelines for this round are yet to be released, they are likely to be similar to those of the previous round, with grants providing funding up of $20,000 to $10 million, with a minimum of 50% matching cash contribution required.

Options for Council’s consideration

As the MTBH Inc. is a newly established association, and thus unable to provide evidence of previous project experience, or warrant adequate governance and risk management, Council agreed at its Ordinary Meeting held in March 2020 that the Shire of Manjimup be the primary applicant for the Regional Economic Development grant submission, with the MTBH being the organisation to execute the project. A written agreement between the Shire and the MTHB Inc. would guarantee the grant funds being paid to the MTBH Inc. upon successful delivery of agreed project milestones. As such Council is now requested to consider the Shire to be the primary applicant for a grant application under Round 5 of the BBRF program.

Should Council agree for the Shire to be the grant applicant, and wish to proceed with a BBRF Round 5 grant submission, there are the following options to consider:

Option 1. A grant application for the implementation of MTBH Stages 1 & 2:

This option is in line with the abovementioned March 2020 Council resolution), and can be summarised as follows:

Project costs	$390,000
Contribution	$154,500 (based on 50% contribution requirement)
Rider segments	· Stage 1: Adventure Riders (on large motorcycles doing multi-day trips), · Stage 2: Tourers (on trail/enduro style motorcycles doing day/overnight trips).
Economic Benefit	Stage 1 provides 21% of the total projected MTBH economic benefit, equating to $2.6M per year. The economic benefits of Stage 2 cannot be separately calculated from Stage 4, as road-registered Tourers are inseparable from Single Track Explorers.
Deliverables	· Mapping of minimum 4 routes of 250km length each suitable for adventure bikes, and 400km of multiple short and more technical detours for tourers; · Establishment and promotion of a “Trail Bike Friendly” business program; · Establishment of a website, digital downloadable maps, an experience booklet and printed maps, and the development and roll out of a marketing campaign for the MTBH; · Development of management plan for ongoing management, operations and governance of these parts of the MTBH; and · Establish Volunteer and Trails Ambassadors Program and User Pays Model.

Option 1 (Stage 1 & 2) would offer a start to the establishment of the MTBH, with future funding to be sought for the delivery of the other stages. This option is not ideal as it will not address all the various rider segments and it would not fulfil the vision of creating Manjimup as the first Trail Bike Hub in Australia. While Stage 1 and 2 are less capital intensive and would still provide some economic benefits, the overall visitor experience would be diminished and a much smaller group of visitors would be attracted to Manjimup.

Option 2. A grant application for the implementation of MTB Stages 1 to 4:

This option includes the delivery of Stages 1 and 2 as described above, as well as Stage 4 for Single Track Explorers. These three stages combined would cater for 88% of the riders of the total MTBH. The development of single trails can be done on public land and does not require the trails to be in a gazette Permitted Area under the Control of Vehicles (Off‐Road) Act 1978 if provided for road‐registered vehicles. These sites would provide another option for weekend visitors and locals, and could be considered for gazettal as Permitted Areas for off road vehicles at a later stage.

Note regarding Stage 3: This stage would include the development of one or two private funded facilities with suitable riding experiences for junior riders, families and motocross riders, funded by the private sector. The costs for this private property development (estimated at $250,000) are not included in the total project costs, however these facilities would be included into the overall MTBH concept and marketing.

Project costs	$1,153,500
Contribution	$575,750 (based on 50% contribution requirement)
Rider segments	· As per Option 1, plus: · Stage 4. Single Track Explorers (single trail riders, including road-registered bikes and non-road registered bikes). These three segments (1, 2 and 4) cover 86% of all trail bike riders.
Economic Benefit	81% of the total projected MTBH economic benefit, equating to $10M per year.
Deliverables	· As per Option 1, plus: · Site and corridor assessments, · Planned, designed, constructed, mapped and published single trails, · Constructed trailhead(s), · Signage plan and sign standards, · Single track explorer marketing campaign, · Management plan for the for the Manjimup Single Track Explorer Experience, · Commence enactment of the Control of Vehicles (Off‐Road) Act (to allow for non-road registered vehicles).

Option 2 would provide good traction on the overall project, and would provide a significant part (81%) of the total Hub’s economic benefit. The implemented stages would offer something for all riders, including children. This option would attract a lot of MTBH visitors/users, and thus provide income through the proposed User Pays model allowing the MTBH to become sustainable on its own merit.

Option 3. A grant application for the implementation of MTB Stages 1 to 6:

This option would see the development of the MTBH across its identified stages as identified in this business case, as summarised in below table.

Project costs	$2,271,500
Contribution	$1,135,750 (based on 50% contribution requirement)
Rider segments	· As per Option 2, plus: · Stage 5. Family Explorers (trail bike touring for families), · Stage 6. ATVs (quad bikes) and Side by Sides.
Economic Benefit	100% of the total projected MTBH economic benefit, equating to $12.4M per year.
Deliverables	· As per Option 2, plus: · Enactment of the Control of Vehicles (Off‐Road) Act and Permitted Area(s) as required, · Planned, designed, constructed, mapped and published ORV gazette trails and area(s), · Constructed trailhead(s), · Family and ATV Explorer marketing campaigns and management plans.

Option 3 (all stages) would be the preferred option from the perspective of delivering the entire MTBH, offering the full economic benefits of the total Hub. However this option would require a large financial contribution ($1,135,750), which may not be feasible for the Shire of Manjimup at this moment in time.

Further to the above the implementation of Stages 1, 2 and 4 would probably offer sufficient visitor attraction and economic benefit to entice one or two private property owners to invest in the implementation of Stage 3 during this period. Furthermore Stage 2 would deliver the commencement of enacting the Control of Vehicles (Off‐Road) Act 1978, which is essential for the future delivery of Stages 5 and 6. It is likely that the future implementation of Stages 5 and 6 will flow on from the success of Stages 1 to 4, and Side by Side manufacturers have already expressed interest towards investing in Stage 6.

Shire Role and Governance

The proposed governance model for the Manjimup Trail Bike Hub will be similar to the model that was utilised for the Manjimup Agricultural Expansion Project (2013-2018). For the Manjimup Agricultural Expansion Project, the Shire was the recipient of the funding and was responsible for oversight of the project. The Southern Forests Food Council was established (initially with an interim board), hired staff (CEO and officers) and implemented the project. After a number of years, upon delivery of the initial project(s) by the Southern Forests Food Council, this organisation matured and became able to operate independently and financially sustainable, upon which the Shire gradually withdrew its involvement and oversight.

In the above governance structure, the Shire of Manjimup will be the overall project manager (and applicant for the funds) to develop the Manjimup Trail Bike Hub. The Shire would form a Project Management Committee that will include members of the Shire, including the CEO and two Councillors. Other members will represent MTBH Inc. (the Trail Hub Owner and Operator), the DBCA, the Department of Local Government, Sport and Cultural Industries (DLGSC). The Shire would provide a project facilitator (likely the author of this report being the Manager Community and Recreation).

A Deed of Agreement would be established between the Shire of Manjimup and MTBH Inc., outlining clear deliverables for each project stage, milestones, and milestone payments to the MTBH Inc. for achieving agreed deliverables.

The MTBH Inc. will employ a Project Manager responsible for the day to day activities and the implementation of the project. MTBH Inc. and the Project Manager will report back regarding the project and its progression to the Project Management Committee on a regular basis in accordance with the Deed of Agreement.

The Shire’s role, in the initial stage, would be to apply for grant funds, to auspice the funds (upon a successful grant application), to provide a financial contribution towards the implementation of Stages 1 to 4, to oversee the implementation, and to transition the Hub to the MTBH Inc.

Recommendation

The Manjimup Trail Bike Trails Hub has the potential to be a significant strategic economic contributor: a first of its kind providing the Shire of Manjimup a unique opportunity to be ahead of the curve. As this project is shovel ready, it has the ability (if funded) to contribute towards the post-COVID economic recovery of the South West and the State. It is therefore recommended that Council agree to submit a BBRF grant application for the Manjimup Trail Bike Trails Hub and give consideration to providing the required matching funding for Option 2 being considered as the best value proposition. This option would require Council to consider a budget allocation over the 2021 -2022 / 2022 -2023 financial years of $576,750.

STATUTORY ENVIRONMENT:

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

· Road Traffic Act 1974

· Conservation and Land Management Act 2002 and Regulations

· Department of Parks and Wildlife (Department of Biodiversity, Conservation and Attractions - DBCA)

Policy 18: Recreation, Tourism and Visitor Services

Trail Development Framework

· Department of Water

Water Resources Management Act (Proposed)

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

· Control of Vehicles (Off Road Areas) Act 1978

Policy / Strategic Implications:

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

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

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

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

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

Organisational risk management:

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

Stages 1 and 2 of the MTBH are low risk, because the motorcycles are road registered, the riders hold a drivers licence, and the activity takes place primarily on open public roads. As these riding activities take place primarily on open public roads, these markets can be attracted without any specific trails or facility development and will deliver immediate economic benefits. Stage 4 also caters for licenced riders on road registered bikes, but on single trails within designated areas. Potential risk to flora and fauna would be investigated and mitigated through the required Site and Corridor Assessments, included as deliverables of Stage 4.

Stage 3 would be undertaken, in part, by private property owner(s), who would have to ensure appropriate risk management measures and hold the relevant insurances.

In saying the above the proposal is not without ‘organisational risk’ that needs to be acknowledged and considered by Council. Identifying potential risk will enable the local government to put in measures and recommendations and manage expectations of the incorporated body and trail patrons. The identified risks are:

a) Project cost over-runs:

o Sound project management by the Trail Bike Hub Inc. should mitigate this risk. Project deliverables can be managed to ensure the project falls within available budget;

o The local government can manage organisational risk by providing clarity that the financial contribution to the project is capped and will not be extended to cover project cost over-runs;

b) Asset management should the Trail Bike Hub Inc. fold or not meet any annual financial / maintenance / risk management/ lease obligations;

o As Trail Bike Hub Inc. is new start up organisation with no real runs on the board per say, and without any proven membership base or history there is a very real risk that Trail Bike Hub Inc. may fold or not be able to meet its annual obligations;

o Should Council move to support the Trail Bike Hub Inc. proposal and associated financial and project management commitments it is doing so knowing that there is a real risk that the asset, associated costs and day to day management and maintenance may fall back to the local government;

c) Land Manager agreements:

o DBCA land tenure or use agreements are yet to be determined, the expectations may not be sustainable;

o Significant Flora and Fauna identified and realignment required;

d) Project delivery compromised due to poor project management capability or capacity:

o Should additional local government resources be required to assist the project to stay on track and be delivered within budget there is a real risk that this will impact on already stretched resources;

e) Western Australian Treasury Corporation (WATC) not approve part of or all of the loan being requested by the Shire of Manjimup for the pending Recreation/Community Facility Upgrades;

f) The local government’s ability to loan funds for the strategic priority of redeveloping Rea Park / Collier Street Sporting Precinct redevelopment has the potential to be compromised as a result of the cash contribution:

o The project would need to be deferred or adjusted until the local government is in an improved lending position and Rea Park / Collier Street Precinct stakeholders advised.

g) BBRF matching funding may not be received and the project will need to be postponed until other funding is confirmed;

h) No private investors come forward to implement Stage 3:

o This project part would be stalled until such time as a private property owner and investor comes forward; and

o Potential implications for grant acquittal.

Financial Implications:

The recommendation is that Council support the implementation of the project with a contribution of $576,500 over 2021/22 and 2022/23 financial years. The funding forming part of the Recreation/Community Facility Upgrades proposed WATC loan of $7,000,000 (stage 1 and 2 loans).

Proposed Source of Funding	Amount ex GST
Shire of Manjimup	$576,750
BBRF program	$576,750
TOTAL	$1,153,000

Significant staff resources will be required during the start-up and early governance oversight period, longer term there should be minimal Shire resources required.

The MTBH Inc. would be responsible for the ongoing ownership of the Hub, and for ongoing maintenance and financial obligations, including but not limited to: lease fees, lease management, licencing, maintenance, marketing, promotion, insurance, fire notifications, software licencing, membership administration, volunteer coordination.

Sustainability:

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

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

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

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Advise the Manjimup Trail Bike Hub Inc. that it supports the proposed implementation of Stages 1 to 4 of the Manjimup Trail Bike Hub;

2. Endorse the Shire of Manjimup to be the primary applicant for a grant application under Round 5 of the Building Better Regions Fund program; and

3. Approve the inclusion of a loan of $576,500 in the Shire of Manjimup’s pending loan application to the Western Australia’s Treasury Corporation for Recreation submissions to fund the implementation of Stages 1 to 4 of the Manjimup Trail Bike Hub over the 2021/2022 and 2022/2023 financial year budgets, subject to successful matched funding from the Federal Government Building Better Regions Fund.

119

9.9.3 Proposed Budget Amendment Request - Engage and Empower Youth Project

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	All
ZONE:	All
DIRECTORATE:	Community Services
FILE REFERENCE:	F190282
LEGISLATION:	Local Government Act 1995
AUTHOR:	Sharon Wilkinson
DATE OF REPORT:	3 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup seeks to be a youth friendly community and support our young people to be the best they can be, as stated in the Shire of Manjimup Youth Strategic Plan 2013-2023. A youth friendly community is one where young people are treated with respect and where they feel safe, welcome and included. It is a community that encourages and recognises the participation and contributions of young people, supports youth development and provides youth friendly services, facilities and programs.

The Engage and Empower project was designed to engage youth, through a four stage community education, youth mentoring and youth leadership program. By supporting and guiding emerging, and pre-existing local Youth Zones, School Student Councils and Rec Plaza/Skate Park user groups over a two year period, we will endeavour to engage youth at all stages of social engagement and support their development.

Funding was sought to provide additional support to engage a project facilitator for a period of two years to implement and run the project.

The purpose of this report is to request Council approval to amend the Shire of Manjimup 2020/21 budget to show additional income and additional expenditure of $95,053 (ex GST) to employ a project facilitator for the Engage and Empower project.

PUBLIC Consultation Undertaken:

Consultation was undertaken with the principals of Manjimup Senior High School, Kearnan College, Northcliffe District School, Pemberton District High School, St Joseph’s School Pemberton, Walpole District School, Revolution Youth, Pemberton Sports Club and Youth Zone, Nytro Youth Zone, Manjimup Rec Plaza Officer, St John of God South West Community Drug and Alcohol Services and Manjimup Police.

COMMENT (Includes Options):

The need in the community is to have youth engaged in school, interested and working towards a career, and the belief, desire, ability and support to achieve their aspirations. To support youth to this degree, there is a need for organisations/services to work collaboratively towards the common goal, using evidence based resources and practices. By investing in youth development, youth become engaged and empowered. Young people who are engaged and have a sense of belonging and agency are less likely to misuse alcohol and other drugs, have poor mental health or display antisocial and criminal behaviours.

The Engage and Empower project aims to see community partner’s work together to achieve outcomes and develop a sustainable process and culture of support for our youth. The project partners include the Shire of Manjimup, Schools within the Shire, Youth Zones in the Shire, the Manjimup Police, and the Southern Forest Alcohol and Drug Committee The project will upskill youth leaders, develop network support, create a shared practice path to engage and empower youth through a phased approach.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Local

· Shire of Manjimup Youth Strategic Plan 2013-2023

· Southern Forest Alcohol and Other Drug Strategic Plan 2019-2021;

· Community Safety & Crime Prevention Plan 2016-2020; and

· Corporate Business Plan 2020-2024 (Strategic theme: Our Community).

National

· National Drug Strategy 2017-2026.

State

· The Western Australian Alcohol and Drug Interagency Strategy 2017-2021

· Strong Spirit Strong Mind - Aboriginal Drug and Alcohol Framework for Western Australia 2017- 2021

Organisational risk management:

There is a chance of reputational risk to the Shire if not working in the spirit of the Youth Strategic Plan.

Financial Implications:

The project will be completed over two financial years (2020/21 and 2021/22). The grant funding will be supported by Shire funds currently allocated for Youth Projects, Youth Council and Implementing the Community Safety Plan The impact of this project on the annual budget is negligible.

Sustainability:

Environmental: Nil.

Economic: Creation of employment for the duration of the project within the project. Upskilling of community with the potential to increase employability.

Social: Support the Community through addressing risk factors associated with disengaged youth. Support the community through the development and mentoring of young leaders.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

Description	Current Budget	Revised Budget	Variation
Grant Revenue – Youth Engage and Empower	$0	($95,053)	($95,053)
Grant Expenditure – Youth Engage and Empower	$0	$95,053	$95,053
Net Rate Funds			$0

That Council amend the 2020/2021 budget under Youth Development as per the table below:

122

ATTACHMENT

APPENDIX

9.12.1 Proposed Review of Council Policy 9.2.2 Waste Collection

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F161013
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers, Mark Sewell
DATE OF REPORT:	2 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup administers policies adopted by Council under the direction of Section 2.7(2)(b) of the Local Government Act 1995. Council policies are intended to provide guidance to staff and members of the public on courses of action in particular circumstances. Council Policy 9.2.2 Waste Collection, appended, is due for review.

APPENDIX: 9.12.1 (A)

The purpose of Policy 9.2.2 Waste Collection is to define:

· The Shire’s operating procedures for its waste and recycling schedules to all separate rateable assessable property within the Shire’s prescribed waste collection areas, ensuring an effective, efficient and timely waste and recycling collection service;

· The Shire’s approach to waste and recycling collections to ensure that waste is managed in a manner which is cost effective and minimises the risk to public health and the environment; and

· The obligations and requirements of residents and ratepayers in relation to their roles in the management of their waste materials.

The purpose of this report is to present for adoption the reviewed Council Policy as attached.

ATTACHMENT: 9.12.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

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

The proposed changes and amendments to the reviewed policy are;

· To correct minor issues with grammar and spelling;

· Update reference to current legislation;

· Providing a detailed and defined list of prescribed waste collection areas;

· To provide more detail explaining how bin charges appear in the rates notice;

· To state an additional objective that sets out the obligations and requirements of residents and ratepayers with bins;

· To reword the Area of Application so as to make it clearer;

· To update the definitions so as to be in line with terminology used in the Waste Avoidance and Resource Recovery Act 2007; and

· To make amendments to the Policy Measures;

o Windy Harbour given its own measure;

o Waste receptacle loss, damage, repair & replacement has been corrected to more closely reflect what the Shire actually does;

o Commercial & industrial bins has been corrected to more closely reflect what the Shire actually requires of commercial premises hiring commercial bins; and

o Prohibited waste has the list of materials updated that are not to be put into kerbside bins, so as to be more complete.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Adoption of the policy reflects the requirements of Council to review policies and ensure relevance in line with current standards of practice.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Waste is managed in a manner which is cost effective and minimises the risk to public health and the environment.

Economic: Nil.

Social: Provides an effective, efficient and timely waste and recycling collection service.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the revised Council Policy 9.2.2 Waste Collection, as shown in Attachment: 9.12.1(1).

ATTACHMENTS
1 ⇨	9.2.2 - Waste Collection (Reviewed)	11 Pages

APPENDICES
a ⇨	9.2.2 Waste Collection (Current)	9 Pages

127

ATTACHMENT

APPENDIX

9.16.1 Unconfirmed Meeting Minutes of the Northcliffe Town Centre Revitalisation Committee Meeting held on 1 December 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:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	3 December 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 the Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct;

4. Assist in 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, which were adopted by Council at its Ordinary Meeting held on 5 November 2020 are appended.

APPENDIX: 9.16.1(A)

The latest meeting of the committee was held on 2 December 2020. A copy of the unconfirmed minutes relating to that meeting are shown attached.

ATTACHMENT: 9.16.1(1)

Council is now requested to consider the content of the unconfirmed minutes and the recommendations contained therein.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As reflected within the unconfirmed minutes, several recommendations were made by the Committee. The following table details those recommendations that require the consideration of Council:

Committee Recommendation		Officer’s Comment
1.	That the Committee change the name of the Northcliffe Town Centre Revitalisation Committee to Northcliffe Town Activation Committee.	Supported as a change of name as proposed would be consistent with the Pemberton committee.
2.	The Committee support Pippa Prescott being accepted as an additional community representative on the committee.	Recommendation supported. See comment section.
3.	The Council donate $3000 towards the painting of the street bins as proposed by Southern Forest Arts.	Recommendation supported. Refer to comment section.
4.	The Committee supports Southern Forest Arts Group proceeding with wildflower painting of the bins, subject to a scope of works being prepared to the satisfaction of the Shire of Manjimup.	Recommendation supported. Refer to comment section.
5.	That the Committee agree to replace the existing bin outside of the Post Office.	Recommendation supported. Matter to be dealt with as operational activity.
6.	That the Committee endorse the following projects as outlined by Cr Eiby being completed using the additional Federal COVID-19 recovery funding: a) The sealing of the Town Hall/Family centre carpark; and b) Replace the basketball keyway with a 3 on 3 court.	The committee recommendation be noted.

Change of Committee Name

With the majority of infrastructure renewal works now complete within the Northcliffe Townsite, the committee is seeking to focus on initiates relating to space activation.

A change of name and adjustment of the Terms of Reference would be consistent with changes that were previously agreed to for the Pemberton committee.

Additional Community Representative

The Terms of Reference as adopted by Council at its Ordinary Meeting held on 5 November 2020 meeting identify that the committee comprises 1 Councillor, the Director of Development & Regulation, Director Works and Services, the Director of Community Services and 7 community representatives.

Whilst all 7 of the community representative positions are current filled, it is open to Council to extend the number of positions to 8, allowing the additional nomination to be accepted.

Painting of Street Bins

Elected members may be aware that prior to installing the new bins within the Northcliffe Townsite, the Advisory Committee had indicated a preference to add laser panel artwork, relative to Northcliffe to the bins. Consistent with the suggestion from Southern Forest Arts, the committee is now seeking to proceed with painting of the bins with a wildflower theme.

At the latest meeting, a representative from Southern Forest Arts indicated that funding has been secured from several sources and an application has been made for some grant funding. The representative advised that additional funds would however be required to complete the painting program.

As reflected within the unconfirmed minutes, the committee has now recommended that:

a) The project proceed on the basis of a wildflower theme subject to a scope of works being prepared to the satisfaction of the Shire of Manjimup; and

b) Council be requested to contribute an amount of $3,000 toward the project.

Painting of the street bins within Northcliffe will add to the ‘sense of place’, with the wildflower theme being consistent with one of the main forms of tourism in the community. It is therefore recommended that the recommendations be supported.

Replacement of Existing Bin Adjacent Post Office

At the latest meeting, the Director of Works and Services sought the committee’s endorsement of a proposal to replace an existing bin located at the Northcliffe Post Office. The current bin being a timber framed open top bin, similar to those already replaced within the townsite. As reflected within the unconfirmed minutes, the committee supported the request, with discussion noting how the new bins are effectively preventing waste being accessed by fauna and becoming wind blown.

Costs associated with replacement of the bin will be met through the Shires operational budget and no resolution of Council is required to address this.

Conclusion

As detailed above, the committee is seeking to modify the Terms of Reference to increase the number of community representatives and to reflect the fact the committee will now have a greater focus on opportunities for space activation within the townsite. Modification of the Terms of Reference as proposed is supported.

A copy of the amended Terms of Reference are attached.

ATTACHMENT: 9.16.1(2)

STATUTORY ENVIRONMENT:

The committee is an Advisory Committee formed by Council in accordance with the Local Government Act 2005. Committee members are bound by the Terms of Reference and the Shires Standing Orders.

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 notes the unconfirmed Minutes of the Northcliffe Town Centre Revitalisation Committee meeting held on 2 December 2020 as attached at 9.16.1(1);

2. Accept the additional nomination for Pippa Prescott as a community representative and amend the Terms of Reference to:

a) extend the maximum number of community representatives to eight (8); and

b) rename the committee to Northcliffe Town Activation Committee

in accordance with the amended Terms of Reference shown at Attachment: 9.16.1(2); and

3. Amend the 2020/2021 budget as per the table below:

Description	Current 2020/2021 Budget	Amended 2020/2021 Budget	Variance
Mainstreet Renewal Works	$100,000	$97,000	($3,000)
Minor Capital – Works & Services	$28,419	$31,419	$3,000
Net Effect on Rates			$0

ATTACHMENTS
1 ⇨	Attachment No.1 - Unconfirmed Minutes of NTCRC Meeting held 2.12.2020	4 Pages
2 ⇨	Attachment No. 2 - Amended Terms of Reference NTCRC	1 Page

APPENDICES
a ⇨	Appendix No. 1 - Current Terms of Reference NTCRC	1 Page

ATTACHMENTS
1 ⇨	4.1.5 Travelling/Accommodation Allowances - Reviewed	3 Pages