Minutes of Ordinary Council

Weighted Score

(a) Relevant Experience (25%)

(b) Ability to Deliver (25%)

(c) Price (50%)

Total Score

Ranking

Civilcon (WA) Pty Ltd

Devlyn Construction

The Chief Executive Office advised that he has received Impartiality Interest Declarations from Councillor Omodei for Item 9.14.1 and Councillor Susan Dawson Vidovich for Item 9.5.3, Financial Interest Declarations from Councillor Taylor for Items 9.5.2, 9.5.9 , 9.9.1, and 9.9.2 and a Proximity Interest Declaration from Councillor Jenkins for Item 9.9.3.

Councillor Omodei declared an Impartiality Interest in Item 9.14.1 as the Tenderer is his nephew.

Councillor Dawson Vidovich declared an Impartiality Interest in Item 9.5.3 as her mother lives on Yanmah Road.

Councillor Taylor declared a Financial Interest in Items 9.5.2 and 9.5.9 as he is the Leaseholder of Site 239 Windy Harbour and Item 9.9.1 and 9.9.2 as Warren Electrical quoted on electrical work and his son is the owner of the business.

Councillor Jenkins declared a Proximity Interest in Item 9.9.3 as she is joint owner of 4 Finch Street which is adjacent to the AquaCentre.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Greg Starkie – 9.5.1 Potential Legal Action - Non-Compliance with Conditions of Approval - Extractive Industry at Lot 9 (807) Middlesex Road, Middlesex.

· Mr Starkie read from a prepared statement that is attached.

ATTACHMENT 5.2.1(1)

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Taylor, R

28341

That the Minutes of the Ordinary Meeting of the Council held on 17 December 2020 be confirmed.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Lawrence, K

28342

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 113 of the Agenda with the exception of:

CARRIED: 11/0

9.5.1	Potential Legal Action - Non-Compliance with Conditions of Approval - Extractive Industry at Lot 9 (807) Middlesex Road, Middlesex
9.5.2	Proposed Partial Closure of Windy Harbour and Gardner Road Reserve, Windy Harbour
9.5.9	Proposed Additions to Holiday Cottage at Lease 240 Gregory Way, Windy Harbour
9.9.1	Proposed Award of Tender RFT 03/20 Little Taddies Day Care Refurbishment
9.9.2	Proposed Award of Tender RFT 04/20 Pemberton Community Co-location Redevelopment
9.9.3	Proposed Award of Tender 05/20 Replacement Air Conditioning System at the Manjimup Regional AquaCentre

Items passed by En Bloc Resolution

9.3.1 Monthly Financial Activity Statement - November 2020

9.3.2 Council Financial Payments December 2020

9.5.3 Proposed Extractive Industry (Gravel) at Lot 9072 (460) Dixvale Road, Dixvale

9.5.4 Request for Reconsideration of Conditions of Planning Approval for an Outbuilding at Lot 134 Barronhurst Court, Pemberton

9.5.5 Application for Retrospective Approval for a Dam at Lot 9057 (274) Glenoran Road, Glenoran

9.5.6 Proposed Overheight Outbuilding at Lot 68 (62) Zamia Street, Northcliffe

9.5.7 Proposed Overheight Outbuilding at Lot 121 (14) Sherrington Crest, Manjimup

9.5.8 Delegated Planning Decisions for December 2020

9.5.10 Request for Reconsideration - Pemberton Co-location Project at Lot 242 (Reserve 22937) and Lot 288 (Reserve 46734) Hepple Place, Pemberton

9.7.1 Application To Keep More Than Two Dogs at Lot 6 (11) Doust Street, Manjimup

9.7.2 Application To Keep More Than Two Dogs at Lot 36 (30) Rutherford Street, Manjimup

9.9.4 Community Services Directorate Quarterly Report October - December 2020

9.13.1 Quarterly Report October to December 2020 - Works and Services Directorate

9.14.1 Proposed Award of Tender RFT 07/20 Mowing and Maintenance in the Town of Walpole

9.14.2 Proposed Award of Tender RFT 06/20 Mowing and Maintenance in the Town of Manjimup

9.15.1 Unconfirmed Minutes of the Local Emergency Management Committee (LEMC) Meeting held 16 December 2020

9.16.1 Unconfirmed Minutes of the Plant Replacement Committee Meeting, 26 November 2021

9.16.2 Unconfirmed Minutes of the Pemberton Town Activation Committee Meeting held on 15 December 2020

9.16.3 Unconfirmed Minutes of the Road Infrastructure Advisory Committee Meeting held 9 December 2020

ATTACHMENT

9.3.1 Monthly Financial Activity Statement - November 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:	10 January 2021
DECLARATION OF INTEREST:	Nil

Background:

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

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

The Financial Activity Statement report for the period to 30 November 2020 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.1 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 30 November 2020 is a projected loss of $14,724.

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 one moderate issue identified in the November 2020 accounts being Storm Damage. At the end of November the Works Storm Damage account was 90% expended being $115,459 spent from a $127,185 budget. This level of expenditure is particularly concerning considering the major storm that occurred during the Christmas shutdown period. It is expected that this account will exceed budget, however typically if timesheet staff are working on storm damage then other accounts like Road Maintenance will be under budget. This account will be monitored closely going forward.

There are two items that have emerged as positive to date in the area of economic development. Development Fees (Planning) as at the 30 November 2020 was $63,453 with a whole year budget of $55,000, the October monthly report projects the end of financial year position for this account to be to be $75,000. As Planning Fees have increased Building Fees are beginning to increase also, with a projection of an additional $5,000 to be received by the 30 June 2020. Both income projections are conservative and the Shire may receive more if the current level of activity continues.

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 drier weather triggering the move from road maintenance to the capital works program. To 30 November 2020 road maintenance is at 53.8% expended which is moderately higher than previous years. November saw a consolidation of this account as the increase from October to November was only 2.8%.

No major discrepancies have come to light in the first five 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 November 2020 as per Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28343

That Council receive the Monthly Financial Activity Statement Report for November 2020 as per Attachment: 9.3.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.3.2 Council Financial Payments December 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:	8 January 2021
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 $1,404,718.21 for the month of December 2020 are itemised in the attachment.

ATTACHMENT: 9.3.2(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 21 January 2021.

Fund	Vouchers	Amount
Municipal	94577 - 94596	$76,951.49
Trust Fund	-	$0.00
Total Cheques for Month of December 2020		$76,951.49

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 21 January 2021.

Fund	Batch	Amount
Municipal	101 - 105	$1,327,766.72
Total EFT for Month of December 2020		$1,327,766.72

Corporate Credit Card Transactions for December 2020 are unavailable at the time of writing this report. They will be available for inspection at the Council meeting of 11 February 2021.

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 December 2020 totalling $1,404,718.21 as detailed in Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28344

That Council receive the accounts paid during December 2020 totalling $1,404,718.21 as detailed in Attachment: 9.3.2(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

Councillor Dawson Vidovich declared an Impartiality Interest in this Item as her mother lives on Yanmah Road. Councillor Dawson Vidovich declared that she would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.5.3 Proposed Extractive Industry (Gravel) at Lot 9072 (460) Dixvale Road, Dixvale

PROPONENT	Manjimup Pest Control
OWNER	Mr N Stoianis
LOCATION / ADDRESS:	Lot 9072 (460) Dixvale Road, Dixvale
WARD:	North
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/29 P55990
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	15 December 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for planning approval for the establishment and operation of an Industry – Extractive (Gravel) at Lot 9072 Dixvale Road, Dixvale. A copy of the submitted application is attached and a location plan is provided below.

ATTACHMENT: 9.5.3(1)

LOCATION PLAN

Lot 9072 Dixvale Road is 19.2 hectares in area and currently contains an area of Bluegum Plantation and remnant vegetation. The property contains no structures or dams and is accessed directly from Dixvale Road. Surrounding land parcels are used for agricultural purposes.

The application proposes the extraction of gravel with an estimated area of 4.5 hectares, a width of 250 metres by 200 metres and at an average depth of 2.5 metres. Gravel may be stockpiled on site and to a maximum height of 3 metres. As reflected at Attachment: 9.5.3(1), in making the application, the proponents provided the following information:

· The hours of operation will be from 7:30am-5:30pm from Monday to Saturday. No operation will occur on Sundays or public holidays;

· Approximately 2,000 tonnes of gravel will be carted from each year, dependant on demand;

· The main route for truck haulage movements will be via Dixvale Road, Yanmah Road, Ralston Road on to Graphite Road towards Manjimup;

· Gravel is proposed to be crushed on site prior to loading and haulage;

· There would be up to 10 loads per day/week; and

· It is estimated that up to 200 truck loads are expected to exit the site per annum.

Following advertising of the application, the applicant was requested to clarify the loads per day and has outlined that between 20 and 80 truck movements per day are expected during peak period. This information conflicts with the information submitted in support of the application and as advertised. Further comment on this aspect of the proposal is provided within the Comment section under the heading Truck Movements.

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) and correspondence was forwarded to the relevant government agencies. A notice was placed on the Shire’s website, in the local paper and a sign was placed on site.

Correspondence was also sent to the Ward Councillor and neighbouring properties with a 1000 metre radius. Submissions closed 10 December 2020.

At the close of the advertising period, submissions were received from Main Roads, the Department of Water and Environmental Regulation (DWER) and two landowners. Whilst these submissions are discussed in the comment section below, a full copy of all submissions is attached.

ATTACHMENT: 9.5.3(2)

COMMENT (Includes Options):

The provisions of the Scheme include the subject land within the Priority 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 other relevant Local Planning Scheme operating within the Scheme area;

(iv) any approved Environmental Protection Policy under the Environmental Protection Act 1986;

(v) any relevant policy or strategy of the Commission and any relevant policy adopted by the Government of the State;

(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;

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

(xvi) the relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal; and

(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;

To assist Council in determining the application, the following comments are offered in respect of the matters to be considered:

Setbacks

In accordance with clause 5.34.2.4 of the Scheme, unless otherwise approved by Council, development within the Priority Agriculture Zone is required to be setback 30 metres from the front and rear boundaries and 10 metres to side boundaries. The application as submitted proposes a setback of 20 metres to the southern boundary where a dam will be constructed and 30 metres from the road and western boundary. A vegetated buffer of 15 metres is proposed.

The proposed setbacks are compliant with the prescribed setbacks for the zone.

Environmental Protection Authority Guidelines

In addition to setbacks prescribed by the Scheme, Council must have regard to the provisions of the Environmental Protection Authority (EPA) Guidelines entitled “Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses”. These guidelines provide advice on the "use of generic separation distances (buffers) between industrial and sensitive land uses to avoid land use conflicts between incompatible land uses.”

The buffer distances are necessary to avoid or minimise the potential for land use conflict. As stated within section 2 of the guidelines “whilst not replacing the need for best practice approaches to emission management, the use of buffers is a useful tool in achieving an acceptable environmental outcome”. The guidelines furthermore outline that a proponent or responsible authority wishing to deviate from the guidelines, is expected to put a well-researched, robust and clear justification for that deviation.

The guidelines acknowledge that a sound site-specific technical analysis is generally found to provide the most appropriate guide to separation distances between industry and sensitive land uses. However “in recognition that a site specific study may not be necessary in all situations, generic distances have been developed”. Within the guidelines, it is also stated that “The separation distances outlined are not intended to replace the need for proponent and relevant authorities to take all reasonable and practicable measures to minimise emissions and off-site impacts.”

In this case, the applicant is proposing a 15 metre wide vegetated buffer abutting the activity and the nearest dwelling will be setback approximately 600 metres from the extractive industry.

The EPA guidelines recommend a minimum buffer of 300-500 metres for Extractive Industries that do not involve crushing/screening and a minimum buffer of 1000 metres for extractive industries that involving crushing and/or screening on-site.

In the absence of a robust scientific study demonstrating that the crushing of materials on site will not detrimentally impact on the amenity of the adjacent dwellings, a relaxation of the EPA Guidelines is not recommended. It is therefore recommended that a condition be imposed prohibiting the crushing of material on-site. Furthermore it is recommended that an advice note be included to ensure the applicant is aware that the Shire will not be prepared to reconsider its position in respect of crushing on-site unless such a request is supported by a site-specific study demonstrating that the activity will not detrimentally impact on the amenity of nearby residential premises.

Truck Movements

Details stated in the application indicated a maximum of 10 loads per day/week and up to 200 loads per annum. The application was advertised on this basis.

Subsequently the applicant has advised that truck movements of between 20 and 80 could be expected per day. These details were not contained in the original application nor were they available to those parties consulted during the advertising period. Given this, it would not be appropriate to consider granting approval to more than 20 truck movements, being 10 loads per day.

Should the applicant wish to increase the number of truck movements, it is recommended that a revised application for planning approval be required. The revised application would then be advertised for public comment prior to being considered by Council.

Access

Details submitted with the application indicate that, if approved, the main route for trucks will be via Dixvale Road, Yanmah Road to Ralston Road and on to Graphite Road for distribution.

One of the submissions received raises concerns regarding the proposed truck route using Yanmah Road and the potential safety of their own, as well as their customer’s vehicle movements being in conflict with the truck movements due to a crest in the road.

In response, Council is advised that the subject property is located on a part of Dixvale Road, which is not on the RAV network and only semi-trailer trucks are permitted.

Council is also advised that similar concerns were raised by the author of this submission in response to a proposed extractive industry that was previously approved by Council on Yanmah Road at its Ordinary Meeting held on 1 March 2018. In that case, a detailed assessment of the road conditions was completed by Shire Officers and it was recommended that the following requirements be imposed:

· Trucks be required to adhere to a 40km/h speed limit whilst on Yanmah Road. The slower movement of haulage traffic on the road will permit its safer use by other road users, and reduce the amount of dust generated by the movement of haulage traffic on Yanmah Road;

· A condition restricting the use of the haulage route during school bus route times to mitigate any risk to the use of the road by school buses posed by the use of the road by haulage traffic;

· An inspection of the proposed haulage route prior to commencement of the use. A Road Condition Report is to be prepared by the applicant in this regard; and

· Installation of appropriate signage. Signage will need to be installed appropriately on those sections of road with significant bends.

As road conditions on Yanmah Road have not substantially changed since 2018, it is recommended that a condition be imposed requiring the preparation and approval of a Transport Management Plan addressing the same.

Site Management

A submitter raised concerns in relation to dust management, road maintenance and protection of waterways from fuel or oil leakages from machines. DWER also raised concerns regarding the management of fuels/chemical and contaminant spills, advising that an emergency response plan should be conditioned.

It is recommended that standard conditions concerning dust management and road repair be imposed should Council approve the application.

Site Rehabilitation

The proponent has indicated 1.5 hectares of the site will be exposed for extraction at any one time, being a variation to the Policy which recommends a maximum of 1 hectare. It is proposed that the topsoil and overburden (approximately 300mm) will be used to create bunds around the pit for future land recontouring except for the area to be left exposed and used as a dam. The variation to the policy is supported, as this is an equal staging of extraction over the approval area.

In terms of the resultant use of portion of the land for a dam, the proposed dam will not require the Shires prior planning consent provided that the dam is setback 20 metres from a boundary.

DWER has advised that a rehabilitation plan should be prepared and approved consistent with its Water Quality Protection Note No. 15 and including the staging, final landform and post extraction land use. Shire Officer’s recommend inclusion of this condition should Council issue approval for the development.

Time Limit on Approval

It is noted that the proponent has sought a 10-year approval. Shire staff recommend any planning approval be limited to 5 years or the total proposed amount of material, whichever comes first. Limiting the approval will allow for the operation to be reconsidered in the light of its past performance in the event that an extension in time or volume of material is requested.

Conclusion

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

Should the applicant wish to increase the maximum number of loads permitted, a revised application for planning consent should be required.

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.

The objective of the Policy is to protect the economic viability of the general farming areas and to retain the rural character of the area by preventing the operation of the Industry – Extractive in a detrimental manner. The proposed extraction is considered to propose minor variations to the requirements of the Policy and will be subject to standard conditions.

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 in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning consent for the Industry Extractive (Gravel) at Lot 9072 (460) Dixvale Road, Dixvale (TP 20/184) in accordance with the plans and specifications as submitted and subject to the following conditions:

a) Except where specified within the following conditions, 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) The activity hereby approved shall not include the screening or crushing of gravel on site;

c) This planning approval shall expire on 21 January 2026 or once the extraction area has reached a total of 4.5ha and/or the volume of gravel extracted totals 112,500m³, whichever occurs sooner;

d) The operation of the Industry - Extractive and the transportation of materials from the site shall be restricted to:

i) 7:00am to 5:30pm, Mondays to Saturdays during the months of November to April; and

ii) 9:00am to 5:00pm at all other times of the year;

but shall not operate on Public Holidays;

e) Prior to commencement of the Industry - Extractive hereby approved, the applicant is to prepare and submit to the satisfaction of the Shire of Manjimup:

i) An Environmental and Rehabilitation Management Plan for the development; and

ii) An Emergency Response plan detailing actions to be undertaken in the event of spills of fuel or chemicals to prevent groundwater contamination.

f) Prior to the commencement of the Industry - Extractive hereby approved, the applicant is to prepare a Transport Management Plan for the proposed haulage route, addressing the following matters to the satisfaction of the Shire of Manjimup;

i) Trucks being required to adhere to a 40km/h speed limit whilst on Yanmah Road;

ii) Installation and maintenance of appropriate signage along Dixvale and Yanmah Road, warning other road users of trucks entering and using the public road system to the specification and satisfaction of the Shire of Manjimup; and

iii) A condition restricting the use of the haulage route during school bus route times to mitigate any risk to the use of the road by school buses posed by the use of the road by haulage traffic.

g) The applicant shall implement the provisions of the Transport Management Plan as referred to in condition (f) above and approved by the Shire of Manjimup at times where truck movements associated with the activity hereby approved;

h) Truck movements associated with the land use hereby approved shall not exceed 20 movements per day (i.e. 10 loads of gravel) with no more than 200 loads per annum;

i) Prior to commencement of the activity hereby approved a Road Condition Report is to be prepared by the applicant following an inspection of the proposed haulage route in conjunction with the Shire of Manjimup;

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

k) No more than 1.5 hectares is to be open to extraction at any one time, with progressive rehabilitation of the site to be undertaken for those areas where extraction has been completed to the satisfaction of the Shire of Manjimup;

l) All drainage and stormwater associated with the extractive industry shall be contained on site to the satisfaction of the Shire of Manjimup;

m) No hydrocarbons are to be stored on-site;

n) On-site refuelling of equipment may only be from a mobile service vehicle carrying appropriate spill prevention and clean-up equipment;

o) No major repairs or maintenance will take place on site; and

p) No standing water shall occur at the site post-rehabilitation.

Advice to Applicant

i. With regards to Condition b) due to the location of residential dwellings within 1000 metres of the proposal and in the absence of a Noise Impact and Management Plan, screening and crushing of extracted materials cannot be supported;

ii. Any proposal to increase the maximum number of truck movements specified in condition (h) is to be made in the form of a revised application for planning approval to facilitate further consultation with landowners in the vicinity; and

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

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28345

b) The activity hereby approved shall not include the screening or crushing of gravel on site;

c) This planning approval shall expire on 21 January 2026 or once the extraction area has reached a total of 4.5ha and/or the volume of gravel extracted totals 112,500m³, whichever occurs sooner;

d) The operation of the Industry - Extractive and the transportation of materials from the site shall be restricted to:

i) 7:00am to 5:30pm, Mondays to Saturdays during the months of November to April; and

ii) 9:00am to 5:00pm at all other times of the year;

but shall not operate on Public Holidays;

e) Prior to commencement of the Industry - Extractive hereby approved, the applicant is to prepare and submit to the satisfaction of the Shire of Manjimup:

i) An Environmental and Rehabilitation Management Plan for the development; and

ii) An Emergency Response plan detailing actions to be undertaken in the event of spills of fuel or chemicals to prevent groundwater contamination.

i) Trucks being required to adhere to a 40km/h speed limit whilst on Yanmah Road;

iii) A condition restricting the use of the haulage route during school bus route times to mitigate any risk to the use of the road by school buses posed by the use of the road by haulage traffic.

h) Truck movements associated with the land use hereby approved shall not exceed 20 movements per day (i.e. 10 loads of gravel) with no more than 200 loads per annum;

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

l) All drainage and stormwater associated with the extractive industry shall be contained on site to the satisfaction of the Shire of Manjimup;

m) No hydrocarbons are to be stored on-site;

n) On-site refuelling of equipment may only be from a mobile service vehicle carrying appropriate spill prevention and clean-up equipment;

o) No major repairs or maintenance will take place on site; and

p) No standing water shall occur at the site post-rehabilitation.

Advice to Applicant

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

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.4 Request for Reconsideration of Conditions of Planning Approval for an Outbuilding at Lot 134 Barronhurst Court, Pemberton

PROPONENT	Mr J R Beatty
OWNER	Jones Cinewest Drive Ins Pty Ltd
LOCATION / ADDRESS:	Lot 134 Barronhurst Court, Pemberton
WARD:	West
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/168 P50061
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	21 December 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider revising a condition of approval relating to a proposed outbuilding on the subject land being a 2.04 hectare battle-axe style lot on the eastern side of Barronhurst Court as shown on the location plan below. The land currently consists of an outbuilding, which was approved, in addition to a dwelling in 2017, a rainwater tank, a dam, some vegetation and managed pasture.

LOCATION PLAN

In November 2020, conditional approval was granted under delegated authority to the construction of an Outbuilding, prior to the construction of a dwelling. Details submitted with the application indicate that the landowners require additional domestic storage area to secure their landscaping and general gardening equipment for now and when a new residence is completed, with finance being delayed until April 2021.

A copy of the submitted plans of the Outbuilding are shown attached.

ATTACHMENT: 9.5.4(1)

In accordance with the provisions of Local Planning Policy, the application was approved subject to the following condition:

4) Prior to the application of a building permit, the applicant is required to enter into a deed of agreement (at the applicants’ cost) with the Council, resulting in a caveat on title, to substantially commence a single dwelling within 2 years of the date of this approval, to the satisfaction of the Shire of Manjimup.

The applicant has now requested a formal review of this condition due to the costs associated with meeting the condition and the need to consult a lawyer. The landowner has stated that once the sale and settlement of another land parcel occurs (contracted for March 2021), application for approval to build will be submitted to Council for approval. A copy of the request is attached.

ATTACHMENT: 9.5.4(2)

PUBLIC Consultation Undertaken:

Prior to determining the application under delegated authority, the proposal was referred to the adjacent landowners for comment over a 21 day period. No submissions were received in response.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Rural Residential Zone.

In determining an application for planning consent, clause 10.2 requires that the local government have regard to various matters, including but not limited to:

(i) The aims and provisions of the Scheme;

(ii) The requirements of orderly and proper planning including any relevant new Local Planning Scheme or amendment;

(vi) The local government’s adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4; and

(xv) Preservation of the amenity of the locality.

Scheme Provisions

In accordance with clause 5.12.8 (ii) “Planning approval will not be granted for any outbuildings in any Townsite or on Rural-Residential and Rural Smallholdings zoned lot that does not contain a residence unless otherwise approved by the local government.”

Guidance on the considerations associated with construction of an Outbuilding in the absence of a dwelling is provided within adopted Local Planning Policy No 6.1.3 – Outbuildings, as detailed below.

Local Planning Policy

In order to guide the development and use of outbuildings within the Shire, Council has adopted Local Planning Policy 6.1.3 – Outbuildings. Council adopted the current version of the Policy on 23 January 2020.

With respect to outbuildings being constructed on land not containing a dwelling, the policy advises that development approval “shall be granted where it is to be constructed in association with construction of a dwelling upon the same lot, subject to compliance with the deemed-to-apply provisions of this Policy”. As further outlined by the Policy, it is stated that the local government may grant development approval to an outbuilding on a vacant lot, where it is satisfied that:

a) The landowner can demonstrate that a future dwelling can be provided for on the lot by submitted concept site and floor plans as part of any application;

b) Approval will not adversely affect the amenity of neighbouring properties, the amenity of the streetscape or the development potential of the lot in question;

c) A valid reason for constructing a domestic outbuilding or shipping contain on a vacant lot exists;

d) The landowner entering into a legal agreement with the local government to construct a dwelling within an agreed timeframe; and

e) The proposal meets the relevant deemed-to-comply provisions or can be approved by judgement or merit by this policy.

In this case, the proposed outbuilding complies with the deemed-to-apply provisions relating to an outbuilding with respect to size, height and setbacks. Given this, conditional approval was issued with condition (4) being imposed consistent with requirement (d) of the Policy as stated above.

Past Issues with Outbuildings on Vacant Land

The Shire of Manjimup has over a number of years, had issues arise with outbuildings on vacant land. Such issues have included:

a) Owners not proceeding with the subsequent construction of a dwelling;

b) Use of outbuildings for commercial, or human habitation;

c) Use of outbuildings for temporary accommodation, which is not permitted within the Rural Residential Zone; and

d) Outbuildings being used by the landowner to carry out hobbies or other activities which have impacted on adjacent landowners.

It is assumed that the requirements of clause 5.12.8 (ii) was introduced into the Scheme in response to these issues, ensuring that prior planning approval was required and allowing such potential issues to be considered.

Shire officers undertook a site inspection where evidence was found that the existing outbuilding has been used periodically for human habitation. Such use of the outbuilding is in direct contravention with condition 2 of the Shires approval. Correspondence has been forwarded to the landowners requiring such activities (if being undertaken) to cease immediately.

It was also found that the existing Outbuilding was constructed at 21 metres from the side boundary in lieu of the 50 metres shown on the approved plans. It is also noted that the Building Permit was also issued for a 50 metre setback and not 21 metres as constructed. Whilst the revised position is compliant with the Scheme setback provisions, no variation to the approved plans was sought for neither the planning approval nor the building permit.

It is therefore recommended that consideration be given to the issue of a modified penalty under the Planning and Development Act 2005, for modifying the location of the proposed shed without the prior approval of the Shire.

Deeds of Agreement

Shire Officers have previously used conditions of approval in an attempt to hold applicant’s to timeframes where they have indicated an intention to construct a future dwelling in order to justify the construction of an outbuilding first. This approach however proved ineffective in achieving the construction of the home in a timely manner. Legal action to enforce the condition would also likely result in substantial costs for the owner, potentially delaying the construction of the home further.

As an alternative, when reviewing Planning Policy 6.1.3 – Outbuildings, the policy was modified to introduce a requirement for a deed of agreement. However to be effective and binding on successors in title, the deed must result in a caveat on title.

The landowner has requested that an alternative approach to ensure the dwelling is constructed be considered. It was suggested that a Statutory Declaration could be provided however, legal advice has been sought and it was advised that this would not adequately satisfy the condition.

Alternative Approach

Whilst not many such applications are received on a yearly basis, where applicants apply for an outbuilding prior to constructing their home they often state an intention to construct a dwelling within a set timeframe. Methods employed in attempt to ensure applicants are held to these timeframes have to date been inconsistently successful. Legal advice received has however, stated that this is the most legal and effective condition to impose.

A time limit on the approval of the Outbuilding to two years unless the construction of a dwelling has commenced is recommended. This has been the advice received from a legal professional. For example, a condition and associated advice note could be imposed that read as follows:

If an associated dwelling is not substantially commenced within 2 years, the approval will expire and be of no further effect, the Outbuilding will require removal.

Advice Note:

The applicant is advised that the primary purpose for rural residential zoned land is to provide for low density residential development. The Shire is only prepared to approve the construction of an Outbuilding on vacant Rural Residential Zoned land where it can be demonstrated that the Outbuilding will be utilised to assist in the habitation of a dwelling within a desired timeframe.

Where a landowner is found to be contravening this condition, the Outbuilding will require demolition and removal from the land. It is considered that this approach in addition to the existing condition relating to the use not being approved for habitation will ensure outbuildings are subject of appropriate uses only.

Conclusion

The imposition of a condition requiring a deed of agreement is an approach that reflected in the most recent review of Local Planning Policy 6.1.3 – Outbuildings.

Given the costs and processes associated with the use of a deed of agreement, it is recommended that this process be reconsidered. As an alternative, it is suggested that consideration be given to the use of more stringent conditions relating to the use of the outbuilding and imposing a time limit on the Outbuilding approval.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005; and

Shire of Manjimup Local Planning Scheme No.4

Policy / Strategic Implications:

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

A key recommendation of the Shire’s Strategic Community Plan 2019-2029 in respect of Our Prosperity is Community Goal 2.4 - Industry and development is not hindered by excessive or complex compliance regulations.

Removal of the requirement for a Deed of Agreement will effectively reduce the red tape associated with the development.

Organisational risk management:

With respect to the existing outbuilding, there is a risk that failing to issue a modified penalty for varying the approved plans without approval will set a precedent whereby applicants do not bother complying with plans as approved.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Appropriate restrictions must be placed on the use of outbuildings constructed prior to a dwelling to ensure that the landowner is aware that they cannot be used for human habitation or commercial activities of any kind. This will limit the potential for activities undertaken within the outbuilding to impact on adjacent residents.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. in accordance with clause 10.9 of Local Planning Scheme No 4 reconsider condition No (4) of the Shire of Manjimup’s letter of conditional approval for an Outbuilding at Lot 134 Barronhurst Court, Pemberton (TP 152/2020) support the applicants request for reconsideration and modify the approval dated 18 November 2020 as follows:

a) Replace condition 4) with the following wording:

If an associated dwelling is not substantially commenced within 2 years, the approval will expire and be of no further effect, the Outbuilding will require removal.

b) Include additional advice note f) to be worded as follows:

2. Request the Chief Executive Officer arrange for the issue of a modified penalty in accordance with the Planning and Development Act 2005 with respect of the landowner varying the location of the now existing shed, without the prior approval of the Shire of Manjimup.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28346

That Council:

a) Replace condition 4) with the following wording:

If an associated dwelling is not substantially commenced within 2 years, the approval will expire and be of no further effect, the Outbuilding will require removal.

b) Include additional advice note f) to be worded as follows:

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.5 Application for Retrospective Approval for a Dam at Lot 9057 (274) Glenoran Road, Glenoran

PROPONENT	Tuesday Nominees Pty Ltd
OWNER	Tuesday Nominees Pty Ltd
LOCATION / ADDRESS:	Lot 9057 (274) Glenoran Road, Glenoran
WARD:	North
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/200 P54170
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	22 December 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for retrospective approval for an agricultural dam at Lot 9057 (274) Glenoran Road, Glenoran. A copy of the development plans are shown attached.

ATTACHMENT: 9.5.5(1)

The subject land is 23.4 hectares in area, is located on the northern side of Glenoran Road and is surrounded by land used for agricultural purposes. The property contains a dwelling, an outbuilding and three dams. A location plan is shown below.

LOCATION PLAN

As detailed in the application, the dam has been constructed with a capacity of 90 Megalitres over 3.5 hectares. The dam has an outer wall height of 9 metres and a wall length of 200 metres. The toe of the dam wall has been constructed with a setback of 7 metres from the neighbouring property boundary.

It was brought to the attention of the Shire, by the Department of Water and Environmental Regulation (DWER) that an extension to an existing dam had proceeded without prior planning approval. The landowner was requested to submit an application for retrospective planning approval.

The application is referred to Council for determination, as Shire Officers do not have delegated authority to process the application due to the retrospective nature of the proposal and any approval requiring a boundary setback variation.

PUBLIC Consultation Undertaken:

The retrospective application was advertised in accordance with Clause 9.6 of Local Planning Scheme No. 4 (the Scheme) for a period of 42 days to DWER and for 21 days to adjoining affected landowners.

DWER advised that it could not comment on the application due to regulatory matters currently progressing within the agency. No other submissions were received. A copy of the DWER submission is shown attached.

ATTACHMENT: 9.5.5(2)

COMMENT (Includes Options):

The Scheme includes the subject land within the Priority Agriculture zone. The purpose of this zone is to provide for the sustainable use of rural land which primarily accommodates a range of rural pursuits compatible with the land compatibility and retains the rural character and amenity of the locality.

In accordance with Clause 8.4 (xxiv) of the Scheme, prior planning approval is not required for dams within the Priority Agriculture or General Agriculture zones where the lower edge of the dam wall and any other part of the dam including the dam water is further than 20 metres from the property boundaries. Proposals for dams which are setback less than the 20 metres from property boundaries require prior planning approval.

In this case, the applicant submitted plans showing the retrospective dam is setback 7 metres from the boundary.

As outlined within Clause 5.34.2.4 of the Scheme, development within the Priority Agriculture zone is normally required to be setback 30 metres from the front and rear, 10 metres from the side and if adjoining State Forest a 100 metre setback is required.

To guide Council in the determination of the application the following comments are offered:

Retrospective Approval

In accordance with Clause 8.6 of the Scheme, planning approval may be granted to a development already commenced or completed, regardless of the date, if the development conforms to the provisions of the Scheme.

A decision to grant retrospective approval does not prevent the local government from taking action for a breach of the Scheme requirement for prior approval to be obtained.

Matters to be Considered

Clause 10.2 of the Scheme requires that in determining applications for development approval, the local government is required to have regard to various matters, including but not limited to:

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

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

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

(xxvi) the comments and submissions received from any authority that has been consulted;

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

These considerations are addressed within the sections below.

The Scheme

The application as submitted is consistent with the aims of the Scheme in that the land is identified as Priority Agriculture land and the resultant development will be used to support future horticultural activities. The dam, as constructed does not however meet the setback requirements for the zone and therefore requiring planning approval for the variation.

In determining an application for a reduction in setbacks, in accordance with Clause 5.34.2.4(3) the local government is required to consider a range of matters including the possible bush fire hazards. As the 7 metre setback is able to achieve adequate distance to manage the land and achieve a firebreak, the variation is supported.

Policy Assessment

Local Planning Policy LPS4 6.1.22 – Dams (the Policy) provides guidance and ensures a consistent approach when considering application for Dams. The assessment indicates that the dam would be considered moderate risk given the combination of other dams downstream and the dam size and wall height.

Risk Category	Score
Construction Type (Off stream - Spring) 20+ha	1
Volume (10-100ML))	2
Wall Height (5-10m)	2
Dam Wall Design (Experienced Contractor)	1
Infrastructure Downstream (Other Dams)	3
Overflow infrastructure proposed (dam bypass & overflow by others)	1
TOTAL	10

In accordance with provision 6.2 of the Policy dams that score between 10 – 15 are considered moderate risk. As outlined in the Policy it is recommended that an advice note be included on any approval advising the landowners that they are responsible for the structural integrity of the dam construction and also recommending that the proposed structure be certified by an appropriately experienced contractor or qualified engineer.

DWER submission

Whilst DWER has advised that it is unable to make comment on the application, Shire officers note that the property was previously granted ‘Spring Rights’ and it is likely that the regulatory matters progressing with the landowner are in relation to vegetation clearing.

Conclusion

Given the moderate risk of the dam construction, the adequate setback to manage fire hazards on the property and there has been no objections from the neighbouring landowners, the dam is recommended for retrospective approval.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Expanding a water storage area will assist towards a suitable supply of water for agricultural practice.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Clause 8.6 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No. 4 grant retrospective planning approval for a Dam with a Reduced Setback at Lot 9057 (274) Glenoran Road, Glenoran (Application TP183/2020) in accordance with the plans and specifications shown at Attachment 9.5.5(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
1.	Dam Design and information	23 October 2020
Form	Additional information for dam construction	23 October 2020

b) Any pump shed associated with the dam hereby approved shall comply with the setbacks shown on the approved plans;

c) All over flow waters are to be returned to the original stream alignment prior to exiting the property; and

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

Advice to Applicant:

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

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

iii) The proponent is to liaise with the Department of Water and Environmental Regulation Manjimup Water Licensing Branch in respect of water licence requirements.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28347

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

Reference	Document Title	Date Received
1.	Dam Design and information	23 October 2020
Form	Additional information for dam construction	23 October 2020

b) Any pump shed associated with the dam hereby approved shall comply with the setbacks shown on the approved plans;

c) All over flow waters are to be returned to the original stream alignment prior to exiting the property; and

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

Advice to Applicant:

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

iii) The proponent is to liaise with the Department of Water and Environmental Regulation Manjimup Water Licensing Branch in respect of water licence requirements.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.6 Proposed Overheight Outbuilding at Lot 68 (62) Zamia Street, Northcliffe

PROPONENT	Mr N Scott
OWNER	Mr N Scott
LOCATION / ADDRESS:	Lot 68 (62) Zamia Street, Northcliffe
WARD:	Coastal
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/228 P52707
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	23 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a 990m² vacant property located on the corner of North Street and Zamia Street. A laneway exists to the rear of the property. A location plan is shown below.

LOCATION PLAN

Approval is being sought for an 8 metre by 10 metre Outbuilding with a wall height of 4 metres and a ridge height of 4.5 metres. Plans submitted with the application detail setbacks of 6 metres to the rear boundary and 2.6 metres to the eastern boundary. A copy of the submitted plans are attached.

ATTACHMENT: 9.5.6(1)

As reflected on the submitted plans, the applicant is proposing to install a toilet and bathroom within the outbuilding, connected to an on-site effluent disposal system. The applicant has advised that they intend to build a dwelling within a two year timeframe and will be using a caravan for accommodation while building, utilising the shower and ablution facilities in the Outbuilding during this time.

Council is requested to determine the application given that the proposed outbuilding:

a) is to be constructed on vacant land within a townsite;

b) is intended to be used for temporary accommodation whilst constructing a dwelling; and

c) exceeds the maximum heights provided for in Local Planning Policy 6.1.3 -Outbuildings.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) for a 21 day period to the adjoining landowners with submissions closing on 21 December 2020. No comments were received.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Town Centre Zone as there is no reticulated sewerage system available, the an R10 density applies in accordance with the Residential Design Codes of WA (R-Codes).

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

Matters to be Considered

In determining an application for planning consent the local government is required to have regard to various matters as outlined within clause 10.2 of the Scheme. These matters include, but are not limited to:-

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

(iii) any approved State Planning Policies of the Commission;

(vi) the local governments adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under clause 2.4, any Heritage Policy Statement for a designated Heritage Area adopted under Clause 7.2.2, and any other plan or guidelines adopted by the local government under the Scheme;

(xv) the relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulks, scale, orientation and appearance of the proposal; and

(xxvi) any relevant submissions received on the application.

An assessment against the above criteria is provided within the balance of this agenda item.

Zone Purpose

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

Setbacks

The proposed setbacks comply with the requirements of the R-Codes as applicable to the R10 density.

Scheme Provisions

Approval to the application would therefore require a variation of the Scheme standards applicable under clause 5.12.8 (ii).

Guidance on the considerations associated with the design and construction of an outbuilding in the absence of a dwelling is provided within adopted Local Planning Policy No 6.1.3 – Outbuildings, as detailed below.

Local Planning Policy 6.1.3

Vacant Land

With respect to outbuildings being constructed on land not containing a dwelling, the policy advises that development approval “shall be granted where it is to be constructed in association with construction of a dwelling upon the same lot, subject to compliance with the deemed-to-apply provisions of this Policy”. In this case, the applicant has supplied a site plan that shows an indicative location for a “House Building Envelope”.

Although the applicant has advised by email that they “would like to have the main dwelling completed within two years”, the lack of detail provided in respect of the future home appears to indicate that the landowners have no firm plans at this stage. Furthermore the applicant is proposing to include ablution facilities within the outbuilding to facilitate its use as a form of accommodation until a dwelling is constructed on the property.

As further outlined by the Policy, it is stated that the local government may grant development approval to an outbuilding on a vacant lot, where it is satisfied that:

a) The landowner can demonstrate that a future dwelling can be provided for on the lot by submitted concept site and floor plans as part of any application;

b) Approval will not adversely affect the amenity of neighbouring properties, the amenity of the streetscape or the development potential of the lot in question;

c) A valid reason for constructing a domestic outbuilding or shipping contain on a vacant lot exists;

d) The landowner entering into a legal agreement with the local government to construct a dwelling within an agreed timeframe; and

e) The proposal meets the relevant deemed-to-comply provisions or can be approved by judgement or merit by this policy.

Given that the application as submitted does not address points (a) and (c) as shown above, there appears to be no justification to vary the requirements of the Scheme and permit the outbuilding in the absence of a dwelling.

Building Height

Local Planning Policy 6.1.3 prescribes Deemed-to-Comply provisions for outbuildings within the Residential, Rural Residential and Town Centre Zones. Within the Town Centre/Residential Zone, the Deemed-to-Comply provisions outline maximum wall and ridge heights of 3.0 metres and 4.2 metres respectively.

The policy outlines that a variation of up to 10% may be permitted in respect of wall heights. In this case, the proposed wall height of 4.0 metres is 33% greater than the Deemed-to-Comply provisions. As a result approval to the application can only be granted through a variation of the Policy.

Where a proposal does not meet the deemed-to-comply provisions, the Policy states that the application is required to be determined using a “judgement of merit” process, which includes the following:

i) Consultation with the adjacent landowners, with due regard to be given to submissions received; and

ii) Assessment of the proposal against the objectives and design principles contained in the policy.

With regard to the above processes, the application has been referred to the adjacent landowners, with no submissions received. The design principle as outlined within the Policy, reflects the R-Codes requirement for “Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties.” In this case, the applicant is proposing to locate the outbuilding to the rear of the property, 9 metres from the side.

It should be noted that whilst no objections were received in response to the advertising period, persons notified of the proposal were not advised of the applicant’s intent to use the outbuilding as a form of accommodation.

Past Issues with Outbuildings on Vacant Land

The Shire of Manjimup has over a number of years, had issues arise with outbuildings on vacant land. Such issues have included:

a) Owners not proceeding with the subsequent construction of a dwelling;

b) Use of outbuildings for commercial, or human habitation;

c) Use of outbuildings for temporary accommodation, which is not permitted under the Caravan Park and Camping Grounds Regulations 1997; and

d) Outbuildings being used by the landowner to carry out hobbies or other activities which have impacted on adjacent landowners.

Caravan Parks and Camping Grounds Regulations 1997

The use of a caravan as a form of accommodation is classified as “camping” under the provisions of the Caravan Parks and Camping Grounds Regulations 1997 (the Regulations). In accordance with Part 11 of the Regulations, a local authority may grant approval to the use of a caravan for accommodation whilst a building permit has effect, provided that such an “approval will not result in the land being camped on for longer than 12 consecutive months.”

Before giving approval under Part 11, Part 13 requires that the local government is satisfied the land is a suitable place for camping.

In order to guide the assessment of proposals for temporary accommodation, Council has adopted Building Policy 7.2.1 – Temporary Accommodation. An assessment against this policy has been completed with the findings stated below.

Temporary Accommodation

The provisions of Building Policy 7.2.1 – Temporary Accommodation acknowledge that there is a “demonstrated need by proponents and/or their builders to temporarily reside on their building site during construction of their dwelling. Reasons for this include the remoteness of the site, provision of security of the assets and assists in rapid completion of the dwelling owing to proximity of workers”.

As outlined by the Policy, the Chief Executive Officer is authorised to approve applications for temporary accommodation on Rural or Rural-Residential zoned land during construction of a dwelling. The policy stipulates that the approval of “Planning, Health and Building of the outbuilding has been granted prior to the temporary accommodation approval being granted.”

The provisions of the Policy limit the potential locations were temporary accommodation is considered suitable to the Rural and Rural-Residential zones. The Policy does not support the use of temporary accommodation on land included within the Town Centre or Residential Zones. Land within the Town Centre zone is not considered an appropriate location for the establishment of temporary accommodation for various reasons including its appearance, the proximity of adjacent permanent dwellings and the lack of noise attenuation provided by an outbuilding.

Given the lot size, zoning of the property and the fact the applicants are yet to formally progress proposals for a dwelling, the proposal to utilise the outbuilding as temporary accommodation is not consistent with the Policy. It is considered that approval to such activities within the Town Centre Zone would establish an undesirable precedent.

Alternatives Available to Applicant

It would be open to the applicant to propose the construction of a dwelling using an outbuilding as the structural component. The dwelling design would however be required to address and comply with the requirements of the Building Code of Australia including thermal efficiency, light ventilation and other minimum requirements. This would allow the applicants to legally reside on site.

When the applicants are ready to construct a new permanent dwelling, they may apply for planning approval to the new home. Conditions of approval could then be imposed to require decommissioning of the initial dwelling on completion of the new home.

It is recommended that advice on this option be provided to the applicant.

Conclusion

As detailed, the applicants are seeking to construct an outbuilding incorporating ablutions, on vacant land within the Northcliffe Town Centre. Whilst the landowners have stated an intention to construct a dwelling within two years, it appears that they are yet to formalise any plans for their permanent home.

Given the zoning, size of the property and the provisions of Council’s adopted Planning Policy 6.1.3 – Outbuildings and Building Policy 7.2.1 – Temporary Accommodation, it is strongly recommended that the application be refused.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

As outlined in the comment section above, the application as submitted is not consistent with the provisions of Planning Policy 6.1.3 – Outbuildings and Building Policy 7.2.1 – Temporary Accommodation. It is therefore recommended that the application be refused.

Organisational risk management:

Should Council approve the application, there is a risk that the outbuilding will be used for accommodation contrary to the requirements of the Caravan Parks and Camping Grounds Regulations 1997 and applicable Council policy.

Furthermore it is considered that approval to the application in the absence of firm proposals for the construction of a permanent dwelling will create an undesirable precedent for similar proposals within the Town Centre Zone.

Financial Implications:

The required Development Application Fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The use of an outbuilding to facilitate temporary accommodation is not considered appropriate on land located within the Town Centre or Residential Zones for various reasons. The provisions of Planning Policy 6.1.3 – Outbuildings reflects this, limiting the potential use of temporary accommodation to Rural and Rural-Residential sized residential lots.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No.4 refuse to grant planning approval to the proposed Outbuilding at Lot 68 (No 62) Zamia Street, Northcliffe (Application TP209/2020) in accordance with the plans and specifications shown at Attachment: 9.5.6(1) for the following reasons:

a) The application as submitted is not consistent with the provisions of Local Planning Policy 6.1.3 – Outbuildings;

b) The use of the outbuilding as the basis for a form of accommodation would be contrary to the requirements of Building Policy 7.2.1 – Temporary Accommodation in terms of the location within the townsite and the proposed period of use;

c) Approval to the application as submitted would create an undesirable precedent for the establishment of an outbuilding in the absence of a dwelling within the Town Centre Zone; and

d) Approval to the application would likely result in the outbuilding being used to camp for a period greater than permitted under the requirements of the Caravan Parks and Camping Ground Regulations 1997.

Advice to Applicant:

i) The applicant is encouraged to consider redesigning the proposed development to ensure that the proposed building will comply with all requirements for a Class 1 building (a dwelling) under the Building Code of Australia.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28348

a) The application as submitted is not consistent with the provisions of Local Planning Policy 6.1.3 – Outbuildings;

c) Approval to the application as submitted would create an undesirable precedent for the establishment of an outbuilding in the absence of a dwelling within the Town Centre Zone; and

Advice to Applicant:

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.7 Proposed Overheight Outbuilding at Lot 121 (14) Sherrington Crest, Manjimup

PROPONENT	Mr JC Ioannou
OWNER	Mr JC Ioannou
LOCATION / ADDRESS:	Lot 121 (14) Sherrington Crest, Manjimup
WARD:	Central
ZONE:	Residential R5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/115; P57775
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	4 January 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider a development application for the establishment of an ‘Overheight Outbuilding’ at Lot 121 (14) Sherrington Crest, Manjimup. The lot is currently vacant. Location, site and development plans are attached.

ATTACHMENT: 9.5.7(1)

Location Plan

The subject property has an area of 2,186m² and is currently vacant. Access to the property is available from Sherrington Crest.

The applicant is proposing to construct a 128m² outbuilding being 8 metres by 16 metres with a wall height of 3.6 metres and a ridge height of 4.3 metres. Details submitted in support of the application indicate that the outbuilding is be constructed of steel framing with Trimclad® walls in a dark grey colour. As stated the property is currently vacant and the submitted site plan shows a proposed dwelling on the property.

Council is requested to consider the application as the proposed Outbuilding:

a) exceeds the maximum wall height provided for in Local Planning Policy 6.1.3 – Outbuildings; and

b) is proposed to be constructed on vacant land not containing a dwelling.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 21 day period to the adjoining landowners. Council records indicate that the letters were sent from the Shire office on 19 November 2020 with the submission period closing 10 December 2020. No comments or objections were received during the submission period.

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme) include the land within the Residential Zone with a density of R5 in accordance with the Residential Design Codes of WA (the R-Codes).

The proposed outbuilding structure constitutes a domestic outbuilding, which is defined by the Residential Design Codes of Western Australia as:

‘An enclosed non-habitable structure that is detached from any dwelling.”

Outbuildings within Residential zones are required to comply with the requirements prescribed by both the Scheme and Local Planning Policy.

To guide Council on the determination of this application, the following comments are offered:

Matters to be Considered

In determining an application for planning approval the local government is required to have regard to various matters as outlined within clause 10.2 of the Scheme. These matters include, but are not limited to:-

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

(iii) any approved State Planning Policies of the Commission;

(vi) the local governments adopted Local Planning Strategy and an Local Policy adopted by the local government under clause 2.4, any Heritage Policy Statement for a designated Heritage Area adopted under Clause 7.2.2, and any other plan or guidelines adopted by the local government under the Scheme;

(xxvi) any relevant submissions received on the application.

An assessment against the above criteria is provided within the balance of this agenda item.

Compliance with Scheme clause 5.12.8 (ii)

Point (ii) of clause 5.12.8 states that “…approval will not be granted for any outbuildings in any Townsite or on Rural Residential and Rural Smallholdings zoned lot that does not contain a residence unless otherwise approved by the local government.” Given that the property is currently vacant, approval to the application would therefore require a variation of the Scheme standards applicable under clause 5.12.8 (ii).

Local Planning Policy 6.1.3

Vacant Land

a) The landowner can demonstrate that a future dwelling can be provided for on the lot by submitted concept site and floor plans as part of any application;

b) Approval will not adversely affect the amenity of neighbouring properties, the amenity of the streetscape or the development potential of the lot in question;

c) A valid reason for constructing a domestic outbuilding or shipping contain on a vacant lot exists;

d) The landowner entering into a legal agreement with the local government to construct a dwelling within an agreed timeframe; and

e) The proposal meets the relevant deemed-to-comply provisions or can be approved by judgement or merit by this policy.

In this case, the applicant has not supplied a letter of justification in accordance with clause (c) above. That said, a detailed site plan submitted with the application identifies a very specific footprint for a dwelling design by a local drafting firm.

Furthermore discussions with the applicant indicate that a dwelling design has been completed and it is intended to commence construction in March 2021, completing the dwelling construction within 14 months from the time the pad is completed.

Development Standards

The proposed outbuilding complies with the development standards identified within the Policy except for the specified maximum wall and ridge heights. Whilst the Policy provides for wall heights of 3.0 metres and ridge heights of 4.2 metres, the applicant is proposing a wall height of 3.6 metres and a ridge height of 4.3 metres.

The policy outlines that a variation of up to 10% may be permitted following referral to the neighbours for comment. In this case, the proposed wall height of 3.6 metres is 20% greater than the deemed-to-comply provisions and the ridge height of 4.3 metres is within the 10% variation. As a result, approval to the application can only be granted through a variation to the Policy.

As outlined in the Public Consultation section above, the application was referred to the adjacent landowners for comment as required by the Policy. No comments were received in response.

Given the size of the property and the fact the outbuilding is proposed toward the rear, approval to the wall and ridge heights as proposed are not likely to introduce any visual or other impact on the adjacent development. On this basis, a variation of the policy is supported.

Setbacks

The proposed outbuilding is to be setback 1.0 metre from the rear boundary, 2.0 metres from the western boundary, 16.0 metres to the eastern side boundary and 54.0 metres from Sherrington Crest. The proposed setbacks meet the Deemed-to-Comply provisions of the R-Codes relating to an outbuilding.

Past Issues with Outbuildings on Vacant Land

The Shire of Manjimup has over a number of years, had issues arise with outbuildings on vacant land. Such issues have included:

a) Owners not proceeding with the subsequent construction of a dwelling;

b) Use of outbuildings for commercial, or human habitation;

c) Use of outbuildings for temporary accommodation, which is not permitted within the Residential Zone; and

d) Outbuildings being used by the landowner to carry out hobbies or other activities which have impacted on adjacent landowners.

Deeds of Agreement

More recently, conditions have been imposed requiring deeds of agreement and several landowners have found this costly and requested an alternative method. In order to provide consistent conditions of approval and following legal advice received on the matter, an alternative approach is recommended whereby appropriate conditions of approval are imposed.

Conclusion

Whilst the proposed outbuilding wall height exceeds the maximum height identified by Local Planning Policy 6.1.3 – Outbuildings, the ridge height is within 10% of the maximum specified height. Given its location, the location and the fact that no objection to the proposal was received in response to the public consultation process, it is recommended these heights be supported.

As the design of the future dwelling has been completed and the owners intend to commence construction in March 2021, approval to construct the outbuilding on otherwise vacant land is supported subject to appropriate conditions being imposed.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Compliance with Local Planning Policy LPS4 6.1.3 Outbuildings as discussed above.

Organisational risk management:

Nil.

Financial Implications:

The development application fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants development approval for the proposed outbuilding on a vacant lot at Lot 121 (14) Sherrington Crest, Manjimup (Application TP206/2020) in accordance with the plans submitted attached at 9.5.7(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
1.	Site Plan	16 November 2020
2.	Building Layout	16 November 2020

b) The outbuilding being used for domestic purposes, storage, garaging of vehicles or other approved purposes associated the property, excluding human habitation or commercial activity;

c) The proposed development shall be clad or coloured to complement either the surroundings in which it is located or adjoining developments to the satisfaction of the Shire of Manjimup but the use of reflective materials and colours is not permitted;

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

e) A single dwelling is to be substantially completed within 2 years of the date of this approval unless otherwise extended by the Shire of Manjimup.

Advice to the Applicant:

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

ii) Prior to commencing development, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Manjimup’s Environmental Health Team, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974;

iii) Leach drains or soak wells must not be located beneath areas subject to vehicular traffic; and

iv) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia and the Health (Miscellaneous Provisions) Act 1911.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28349

Reference	Document Title	Date Received
1.	Site Plan	16 November 2020
2.	Building Layout	16 November 2020

b) The outbuilding being used for domestic purposes, storage, garaging of vehicles or other approved purposes associated the property, excluding human habitation or commercial activity;

e) A single dwelling is to be substantially completed within 2 years of the date of this approval unless otherwise extended by the Shire of Manjimup.

Advice to the Applicant:

iii) Leach drains or soak wells must not be located beneath areas subject to vehicular traffic; and

iv) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia and the Health (Miscellaneous Provisions) Act 1911.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.8 Delegated Planning Decisions for December 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:	4 January 2021
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 December 2020 is attached.

ATTACHMENT: 9.5.8(1)

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

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

Table 1: Planning Decisions Made December 2019 and 2020

	December 2019	December 2020
Delegated Decisions	12 ($529,886)	17 ($1,368,065)
Council Decisions	3 ($207,473)	2 ($0)
Total	15 ($737,359)	19 ($1,368,065)

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	48 ($3,766,235)	93 ($7,730,997)
Council Decisions	23 ($1,080,073)	28 ($11,821,000)
Total	71 ($4,846,308)	121 ($19,551,997)

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 December 2020 as per Attachment: 9.5.8(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28350

That Council receives the report on Delegated Development Approvals for December 2020 as per Attachment: 9.5.8(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.10 Request for Reconsideration - Pemberton Co-location Project at Lot 242 (Reserve 22937) and Lot 288 (Reserve 46734) Hepple Place, Pemberton

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 242 (Reserve 22937) Brockman Street and Lot 288 (Reserve 46734) Hepple Place, Pemberton
WARD:	West
ZONE:	Public Purposes
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/157, P52941, P52797
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	13 January 2021
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held on 15 October 2020, Council granted conditional approval to the Pemberton Co-location Project relating to Lot 242 (Reserve 22937) Brockman Street and Lot 288 (Reserve 46734) Hepple Place, Pemberton having a combined area of 2,390m².

The approval was granted subject to several conditions, including, but not limited to the following:

b) Prior to lodging an application for a building permit, a detailed landscaping and reticulation plan for the subject site and/or the road verge(s) must be submitted to and approved to the satisfaction of the Shire of Manjimup;

f) Prior to lodging an application for a building permit, the applicant must submit and have approved by the Shire of Manjimup, and thereafter implement to the satisfaction of the Shire of Manjimup, a construction management plan addressing the following matters:

i) How materials and equipment will be delivered and removed from the site;

ii) How materials and equipment will be stored on the site;

iii) Parking arrangements for contractors;

iv) Construction waste disposal strategy and location of waste disposal bins;

v) Details of cranes, large trucks or similar equipment which may block public thoroughfares during construction;

vi) How risks of nuisance, wind and/or water borne erosion and sedimentation will be minimised during and after the works; and

vii) Other matters likely to impact on the surrounding properties.

h) A Waste Management Plan must be submitted to and approved by the Shire of Manjimup prior to lodging an application for a building permit and thereafter implemented. The plan must include the following details to the satisfaction and specification of the Shire of Manjimup:

i) the location of bin storage areas and bin collection areas;

ii) the number, volume and type of bins, and the type of waste to be placed in the bins;

iii) details on the future ongoing management of the bins and the bin storage areas, including cleaning, rotation and moving bins to and from the bin collection areas; and

iv) frequency of bin collections.

A formal request has now been received from the Project Manager requesting deferral of the above conditions on the basis that:

a) As part of the Tender process, the Shire is seeking to have Council appoint a contractor at the Council meeting of 21 January 2021 and post the appointment of a contractor there is a very short lead time of 30 days and the commencement of works; and

b) The project budget is significantly restricted and as such there is no allowance for landscaping as part of the construction project.

A copy of the request is shown attached.

ATTACHMENT: 9.5.10(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of the Scheme include the subject land with the Local Reserve for Public Purpose reflecting the vesting order for Community Purposes for the Crown Reserve. As detailed in clause 3.4.2 of the Scheme, in determining an application for planning approval on land reserved by the Scheme, the local government is to have regard to:-

(i) The matters set out in clause 10.2; and

(ii) The ultimate purpose intended for the reserve.

With regard to point (ii) above, Reserve 46734 is reserved for the purposes of Community Purposes. The applicant is proposing various Civic Uses and Community Purpose land uses consistent with the purpose of the Reserve.

Matters to be Considered

Clause 10.2 of the Scheme requires that in determining application for development approval, the local government is required to have regard to various matters, including by not limited to:

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

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

(vii) in the case of land reserved under the Scheme, the ultimate purpose intended for the reserve;

(xi) the conservation of any place that has been entered in the Register within the meaning of the Heritage of Western Australia Act 1990, or which is included in the Heritage List under clause 7.1, and the effect of the proposal on the character or appearance of a heritage area;

(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;

(xxiii) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved; and

(xxvi) any relevant submission received on the proposal.

Comments on each of the above criteria were provided to Council as part of the 15 October agenda item.

With respect to the current request, the following additional advice is provided to Council for consideration.

Landscaping

Clause 5.13.3 requires the landscaping for developments in zones other than the Industry Zone to be determined by Council. In addition to this, clause 5.13.7 of the Scheme stipulates that:

“Landscaping requires pursuant to the Scheme or pursuant to a conditional planning approval shall be carried out at the time of the development, or at such other time as may be agreed in writing between the developer and the local government and shall thereafter be permanently maintained….”

At the recommendation of Shire Officers, conditions b) and c) of the Council’s decision required, in accordance with standard practice, the submission of a detailed landscaping plan prior to the application for a building permit, with installation to occur within the first available planting season after the initial occupation of the development. Condition c) of the Council’s decision will remain in place, irrespective of any reconsideration of condition b).

In this case, the Project Manager has identified the need to provide a detailed landscaping plan could result in significant delays and therefore potentially add additional costs to the project. As an alternative, approval is sought to complete the landscaping plan during the construction period, through liaison with the seven (7) key stakeholders in the project. Furthermore the Project Manager advises that each of the stakeholders has made formal commitments to contribute both cash and in-kind to the development and installation of the landscaping.

As reflected within clause 5.13.7 it is open for Council to agree to the completion of landscaping at a time agreed with the developer. Given this and the fact that the Project Manager has obtained formal commitments from the stakeholders involved in the project, no objection is raised to condition b) being modified to require the completion of a detailed landscaping plan prior to occupation of the development, rather than prior to the issue of a building permit as currently reflected in the condition.

Construction Management Plan

As reflected within the background section of this agenda item, condition f) required the preparation and approval of a Construction Management Plan prior to the application for a building permit.

The Project Manager is seeking to have this condition revised to require the submission and approval of the plan prior to the commencement of works on site. No objection is raised to this approach and it is recommended that the condition be modified accordingly.

Waste Management

Similar to the requirement for preparation and approval of a landscaping plan, the Project Manager is seeking approval to finalise the Waste Management Plan during construction of the development. Shire Officers have no objection to this approach, provided that waste management arrangements are finalised prior to occupation of the development.

Conclusion

The current conditions of approval require the preparation and approval of Landscaping, a Construction Management Plan and Waste Management Plans prior to the application for a building permit. As the provisions of the Scheme permit Council to agree to an alternative timeframe, the Project Managers requests are supported.

Provided that the Construction Management Plan is completed prior to commencement of the works on site, no detrimental impacts will occur.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005; and

Local Planning Scheme No 4.

Policy / Strategic Implications:

Nil.

Organisational risk management:

As the subject development is a Shire project funded by both the Shire and grant funding, there is little risk that landscaping and waste management requirements will not be met in appropriate and timely manner.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Should Council not support the applicants request, there is a risk that the project will be delayed resulting in additional costs associated with increased project management timeframes and the costs associated with temporary housing arrangements for the stakeholders.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Clause 5.5 and clause 10.9 of Local Planning Scheme No 4 reconsider condition No (b), (f) and (h) of the Council’s resolution 28286 relating to the proposed Civic and Community Purposes Redevelopment at Lot 242 (242) Brockman Street and Lot 288 Hepple Place, Pemberton (Reserve 46734) (Application TP138/2020) as follows:

1. Replace condition b) with the following wording:

b) Prior to occupation of the development hereby approved, a detailed landscaping and reticulation plan for the subject site and/or the road verge(s) must be submitted to and approved to the satisfaction of the Shire of Manjimup;

2. Replace condition f) with the following wording:

f) Prior to the commencement of construction works on site, the applicant must submit and have approved by the Shire of Manjimup, and thereafter implement to the satisfaction of the Shire of Manjimup, a construction management plan addressing the following matters:

i) How materials and equipment will be delivered and removed from the site;

ii) How materials and equipment will be stored on the site;

iii) Parking arrangements for contractors;

iv) Construction waste disposal strategy and location of waste disposal bins;

v) Details of cranes, large trucks or similar equipment which may block public thoroughfares during construction;

vi) How risks of nuisance, wind and/or water borne erosion and sedimentation will be minimised during and after the works; and

vii) Other matters likely to impact on the surrounding properties.

3. Replace condition h) with the following wording:

h) A Waste Management Plan must be submitted to and approved by the Shire of Manjimup prior to the occupation of the development hereby approved and thereafter implemented. The plan must include the following details to the satisfaction and specification of the Shire of Manjimup:

i) the location of bin storage areas and bin collection areas;

ii) the number, volume and type of bins, and the type of waste to be placed in the bins;

iii) details on the future ongoing management of the bins and the bin storage areas, including cleaning, rotation and moving bins to and from the bin collection areas; and

iv) frequency of bin collections.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28351

1. Replace condition b) with the following wording:

2. Replace condition f) with the following wording:

i) How materials and equipment will be delivered and removed from the site;

ii) How materials and equipment will be stored on the site;

iii) Parking arrangements for contractors;

iv) Construction waste disposal strategy and location of waste disposal bins;

v) Details of cranes, large trucks or similar equipment which may block public thoroughfares during construction;

vi) How risks of nuisance, wind and/or water borne erosion and sedimentation will be minimised during and after the works; and

vii) Other matters likely to impact on the surrounding properties.

3. Replace condition h) with the following wording:

i) the location of bin storage areas and bin collection areas;

ii) the number, volume and type of bins, and the type of waste to be placed in the bins;

iii) details on the future ongoing management of the bins and the bin storage areas, including cleaning, rotation and moving bins to and from the bin collection areas; and

iv) frequency of bin collections.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.7.1 Application To Keep More Than Two Dogs at Lot 6 (11) Doust Street, Manjimup

PROPONENT	Adrian Mielke
OWNER	Mr A Mielke
LOCATION / ADDRESS:	Lot 6 (11) Doust Street Manjimup
WARD:	Central
ZONE:	Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161271
LEGISLATION:	Dog Act 1976 Shire of Manjimup Dogs Local Law 2004
AUTHOR:	Ashleigh Reeve
DATE OF REPORT:	8 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has received an Application to Keep More than Two Dogs at Lot 6 (11) Doust 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	Labrador	9 years	965 000 000 295 141	Yes	Male	944 / Lifetime
2	Labrador	6 Years	900 006 000 216 242	Yes	Female	942 / Lifetime
3	Labrador	5 Years	953 010 000 801 298	Yes	Female	943 / Lifetime
4	Kelpie	2 Years	953 010 002 246 433	Yes	Female	5002 / Lifetime

The applicant has been truffle hunting for 10 years and has owned the dogs listed within the application periodically during that time. A copy of the application as submitted is shown attached.

ATTACHMENT: 9.7.1(1)

PUBLIC Consultation Undertaken:

Shire of Manjimup sent notification to four separate landowners of abutting properties. A single objection submission was received in response at the close of the comment period on 9 December 2020.

The correspondence, which is shown attached, states concerns about the possibility of decreasing value of their two rental properties if four dogs reside at the above property and if they exhibit nuisance behaviour. A copy of the correspondence 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 (Dog Local Laws), a person shall not without an exemption in writing from the Council, keep more than two dogs over the age of three 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.

Application Assessment

The subject property has an area of 2,086m², being substantially larger than a typical residential property within the townsite. Whilst the site has secure fencing, the applicant has installed a secondary fenced yard within the confines of the backyard where the dogs are kept during the day. This fenced compound has ample space for the dogs to exercise and at night, the dogs are kept within the house.

Although dogs normally reside at the subject property, they are periodically contracted to truffle farms for the length of a truffle harvest. The dogs are never left unattended at the property and are cared for during the owner’s absence, as the owner is cautious of the dogs escaping or causing a nuisance.

History

At the time of writing, the Shire of Manjimup has had no record of any complaints of the dogs listed within the application.

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 owns the property where the four dogs are kept and the property is of sufficient size to be deemed suitable for the keeping of the dogs as proposed;

· The property has secure “double” fencing which is suitable for the dogs;

· There has been recorded complaints received about the dogs to date; and

· All four dogs are registered for lifetime, microchipped and sterilised.

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

STATUTORY ENVIRONMENT:

Dog Act 1976 Section 26(3); and

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 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: The dogs subject of this application are working “truffle dogs” which provide a local service to the truffle industry and provide the owner with a source of income.

Social: It is not anticipated that approval to the application as submitted will impact on the amenity of the adjacent properties. That said, it is recommended a condition be imposed that should a substantiated complaint be received, Council reserves the right to withdraw any approval.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council grant an exemption pursuant to Shire of Manjimup Dogs Local Law 2004 Part 3 Clause 3.2(2) in order to keep four dogs on and within Lot 6 (11) Doust 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	Labrador	9 years	965 000 000 295 141	Yes	Male	944 / Lifetime
2	Labrador	6 Years	900 006 000 216 242	Yes	Female	942 / Lifetime
3	Labrador	5 Years	953 010 000 801 298	Yes	Female	943 / Lifetime
4	Kelpie	2 Years	953 010 002 246 433	Yes	Female	5002 / Lifetime

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

c) Should any of the conditions of this approval not to be met, or any substantiated complaints are received, legal contraventions and/or nuisance results from the keeping of the additional dogs on the premises this approval may be revoked;

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

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

Advice to Applicant:

i) 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.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28352

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

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Labrador	9 years	965 000 000 295 141	Yes	Male	944 / Lifetime
2	Labrador	6 Years	900 006 000 216 242	Yes	Female	942 / Lifetime
3	Labrador	5 Years	953 010 000 801 298	Yes	Female	943 / Lifetime
4	Kelpie	2 Years	953 010 002 246 433	Yes	Female	5002 / Lifetime

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

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

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

Advice to Applicant:

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

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.7.2 Application To Keep More Than Two Dogs at Lot 36 (30) Rutherford Street, Manjimup

PROPONENT	Gabrielle Barber
OWNER	Mr E J Smith
LOCATION / ADDRESS:	Lot 36 (30) Rutherford Street, Manjimup
WARD:	Central
ZONE:	Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161271
LEGISLATION:	Dog Act 1976 Shire of Manjimup Dog Local Laws 2004
AUTHOR:	Ashleigh Reeve
DATE OF REPORT:	11 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has received an Application to Keep More than Two Dogs at Lot 36 (30) Rutherford 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	Labrador	8 Years	943 094 320 335 521	Yes	Female	263 / 2021
2	Labrador	4 Years	953 010 001 309 173	Yes	Female	265 / 2021
3	Labrador	4 Years	953 010 001 296 282	Yes	Male	264 / 2021

The applicant was previously residing on a rural property within the Shire, which did not require an exemption for 3 dogs. As a result of research undertaken by a Shire of Manjimup Officer, it was identified that the applicant had relocated to a residential property in town, and required an exemption.

The dog registrations have now been renewed and approval is now sought for an exemption to keep all three dogs on a residential property. A copy of the application is shown attached.

ATTACHMENT: 9.7.2(1)

Council is requested to determine the application given that Shire Officer do not have delegated authority to determine applications to keep more than two dogs within a townsite.

PUBLIC Consultation Undertaken:

The Shire of Manjimup sent notification to two separate landowners of abutting properties with a 14 day comment period. 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.

Application Assessment

In this case, prior to moving to their current address, the applicant was legitimately keeping three dogs on a rural property outside of a townsite, albeit that they had let the registration lapse.

As assessment of the property has identified that with an area of 1,208m² and appropriate secure fencing being in place, the subject property is suitable for the keeping of the three dogs as proposed.

Health/Welfare

As stated in the application, the eldest dog is aging and the applicant would like to keep her whilst her health conditions allow her to live comfortably. If approval is given it may only be for a limited period as when one dog becomes deceased, the exemption is no longer required.

History

The Shire of Manjimup has no recorded history nor received any complaints of the dogs listed within the application as of 5 January 2021.

Conclusion

It is recommended that the application be approved given that:

· the property has been assessed as being suitable for the keeping of three dogs as proposed;

· All three dogs are registered until 2021, microchipped and sterilised; and

· The owner was previously located on a rural property and were legally permitted to keep the three dogs’ subject of this application.

STATUTORY ENVIRONMENT:

Dog Act 1976 Section 26(3); and

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

Policy / Strategic Implications:

Organisational risk management:

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council grant an exemption pursuant to Shire of Manjimup Dog Local Laws 2004 Part 3 Clause 3.2(2) in order to keep three dogs on and within 30 Rutherford 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	Labrador	8 Years	943 094 320 335 521	Yes	Female	263 / 2021
2	Labrador	4 Years	953 010 001 309 173	Yes	Female	265 / 2021
3	Labrador	4 Years	953 010 001 296 282	Yes	Male	264 / 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;

d) Should any of the conditions of this approval not to be met, or any substantiated complaints are received, legal contraventions and/or nuisance results from the keeping of the additional dogs on the premises this approval may be revoked; and

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

Advice to Applicant:

i) 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.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28353

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

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Labrador	8 Years	943 094 320 335 521	Yes	Female	263 / 2021
2	Labrador	4 Years	953 010 001 309 173	Yes	Female	265 / 2021
3	Labrador	4 Years	953 010 001 296 282	Yes	Male	264 / 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;

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

Advice to Applicant:

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

ADOPTED BY EN BLOC RESOLUTION: 11/0

Councillor Omodei declared an Impartiality Interest in this Item as the tenderer is his nephew. Councillor Omodei declared that he would consider the matter on its merits and vote accordingly.

ATTACHMENT

9.14.1 Proposed Award of Tender RFT 07/20 Mowing and Maintenance in the Town of Walpole

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Walpole
WARD:	South Ward
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F200455
LEGISLATION:	Local Government Act 1995
AUTHOR:	Spencer Roberts
DATE OF REPORT:	7 January 2021
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup’s current contract for mowing and maintenance in Walpole has expired. In order to secure a fixed a price for a period, a Request for Tender (RFT) was advertised for the mowing and maintenance of reserves and selected road verges in Walpole by a preferred supplier. The Tender is to appoint a suitable contractor for a three year period.

The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender RFT 07/20 Mowing and Maintenance Walpole.

PUBLIC Consultation Undertaken:

Public advertising of the Tender was in the form of an advertisement in the West Australian Newspaper, the Manjimup-Bridgetown Times and Walpole Weekly on 25 November 2020, with advertising on the Shire of Manjimup website, with closing date of 15 December 2020.

COMMENT (Includes Options):

A total of seven documents were drawn during advertising of the Tender. At the Tender close, only two Tenders were received. The Tender Evaluation Panel, comprising two Shire Officers, undertook to independently assess the Tenders received using an assessment matrix. These assessment scores were then averaged and the Tender assessment matrix is attached.

ATTACHMENT: 9.14.1(1)

The matrix referenced the terms and assessment criteria of the RFT document. In particular are for the criteria for experience and resources to deliver mowing and maintenance services to the Shire’s specified standard. The two Tenders received were deemed to be conforming, within scope and overall of an acceptable standard.

The table below is a summary of the averaged scores from Qualitative Criteria assessment and presents only the weighted scores out of a top ten score.

	Weighted Score
	Relevant Experience	Key Personnel	Resources	Demonstrated Understanding	Three Year Contract Price weighted score (60%)	Total Score	Ranking
Wayne Brown	6.0	6.0	6.0	6.0	30	54.0	2
Lochness Landscaping Services	6.0	8.0	8.0	8.0	30	60.0	1

The assessment panel found both Tenderers to be capable of carrying out the required works to the required standard. Lochness Landscaping Services as a larger company have considerable resources that have been used in the response to RFT 07/20 as well as the ability to use those same resources on the contract works. Wayne Brown as a sole trader and local contractor has less resources, which is indicated in the weighting guide, though has proven experience in his ability to carry out the contract to the required standard.

The assessment above shows the price weighting score as 30 for both Tenderers. This is due to the fact the variance from the average quote price is less than 10%. After application of the Shire’s Regional Price Preference, the Tendered price by Wayne Brown for the term of the contract is $15,782 cheaper than Lochness Landscaping Services.

Shire Officers recommend that Council award Tender RFT 07/20 Mowing and Maintenance in the Town of Walpole to Wayne Brown on the basis of best price over the term of the contract as well as having good local knowledge of the works and area.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 detail the Tender requirements for Local Government procurement of goods or services.

Policy / Strategic Implications:

Council’s Corporate Tendering Policy 2.3.6 and Regional Price Preference Policy 2.3.8 apply to this consideration.

Organisational risk management:

There is likelihood of minor consequence to the Shire if fixed rates for the mowing and maintenance of reserves and Public Open Space in Walpole are not secured.

Financial Implications:

The contract for the mowing and maintenance in Walpole conforms to the Council approved Budget for 2020/21.

Sustainability:

Environmental: Compliant maintenance of Walpole’s reserves and other Public Open Spaces.

Economic: Fixed rates for maintenance of Public Open Space allows for appropriate forecasting of expenditure.

Social: Well-maintained Public Open Space provides a pleasing environment assisting with social cohesion.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award Wayne David Miller Brown for a price of $123,109 (ex GST) for the term of the three year contract, in accordance with their submitted Tender Response.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28356

That Council award Wayne David Miller Brown for a price of $123,109 (ex GST) for the term of the three year contract, in accordance with their submitted Tender Response.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.14.2 Proposed Award of Tender RFT 06/20 Mowing and Maintenance in the Town of Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	F200454
LEGISLATION:	Local Government Act 1995
AUTHOR:	Spencer Roberts
DATE OF REPORT:	7 January 2021
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup’s current contract for mowing and maintenance of sports fields in the town of Manjimup has expired. In order to secure a fixed a price for a period, a Request for Tender (RFT) was advertised for the mowing and maintenance of sports fields in the town of Manjimup by a suitable contractor for a three year period.

The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender RFT 06/20 Mowing and Maintenance in the Town of Manjimup.

PUBLIC Consultation Undertaken:

Public advertising of the Tender was in the form of an advertisement in the West Australian Newspaper and Manjimup Bridgetown Times on 25 November 2020 and advertising on the Shire of Manjimup website, with closing date of 15 December 2020.

COMMENT (Includes Options):

A total of six (6) documents were drawn during advertising of the Tender. At the Tender close, there was only two Tenders received. The Tender Evaluation Panel, comprising two Shire Officers, undertook to independently assess the Tenders received using an assessment matrix. These assessment scores were then averaged and the Tender assessment matrix is attached.

ATTACHMENT: 9.14.2(1)

Summary of the averaged evaluation assessment from the two (2) evaluators is as shown in the table below.

	Weighted Score
	Relevant Experience	Key Personnel	Resources	Demonstrated Understanding	Three Year Contract Price weighted score (60%)	Total Score	Ranking
Ponderosa Trust	6.0	6.0	6.0	6.0	30	54.0	1
Perfect Landscapes	6.0	6.0	6.0	6.0	30	54.0	1

The matrix referenced the terms and assessment criteria of the RFT document. In particular are the criteria for experience and resources to deliver mowing and maintenance services to the Shire’s specified standard. The Tenders received were deemed to be conforming, within scope and overall of an acceptable standard.

The assessment panel noted that Perfect Landscapes, a Dalyellup based company, has held the contract for the previous three years. They have been performing the duties with minimal issues. Ponderosa Trust, a locally based company, has carried out similar works for the Shire, though not through a formally Tendered longer term process. Both companies are well resourced and capable of performing the required duties.

The assessment above shows the price weighting score as 30 for both Tenderers. This is due to the fact the variance from the average quoted price is less than 10%. After application of the Shire’s Regional Price Preference, the Tendered price by Ponderosa Trust for the term of the contract is $15,698 cheaper than Perfect Landscapes.

Shire Officers recommend that Council award Tender RFT 06/20 Mowing and Maintenance in the Town of Manjimup to Ponderosa Trust on the basis of best price over the term of the contract.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 detail the Tender requirements for Local Government procurement of goods or services.

Policy / Strategic Implications:

Council’s Corporate Tendering Policy 2.3.6 applies.

Organisational risk management:

There is a high likelihood of minor consequence to the Shire if fixed rates for mowing and maintenance of sports fields in the town of Manjimup is not secured.

Financial Implications:

The contract for mowing and maintenance of sports fields in the Manjimup conforms to the Council approved Budget for 2020/21.

Sustainability:

Environmental: Compliant maintenance of Manjimup’s sports fields

Economic: Fixed rates for mowing maintenance of Manjimup’s sports fields allows for appropriate forecasting of expenditure.

Social: Well-maintained Manjimup’s Sports fields provides a safe and functional formal sports environment assisting with social cohesion.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award Tender RFT 06/20 Mowing and Maintenance in the Town of Manjimup to Ponderosa Trust the price of $140,400 (ex GST) for the term of the three year contract in accordance with the tender document and their response.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28357

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.15.1 Unconfirmed Minutes of the Local Emergency Management Committee (LEMC) Meeting held 16 December 2020

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170449
LEGISLATION:	Emergency Management Act 2005, Local Government Act 1995
AUTHOR:	Nicole Favero
DATE OF REPORT:	21 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The Local Emergency Management Committee is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. As stated within the Terms of Reference, the purpose of the committee is, in accordance with Section 39 of the Emergency Management Act 2005:

a) To advise and assist the Council in ensuring that local emergency arrangements are established;

b) To liaise with public authorities and other persons in the development, review and testing of Local Emergency Management Arrangements; and

c) To carry out other emergency management activities as directed by the State Emergency Management Committee or prescribed by regulations.

The minutes of the latest Local Emergency Management Committee (LEMC) meeting held on the 16 December 2020 are attached for Council consideration.

ATTACHMENT: 9.15.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As reflected within the unconfirmed minutes, the committee was briefed on several matters relating to recent incidents in the South West and conducted a Bushfire ISG Exercise via Microsoft Teams App prior to the meeting.

The meeting did not result in any recommendations requiring a decision of Council.

STATUTORY ENVIRONMENT:

Emergency Management Act 2005 and Local Government Act 1995.

Policy / Strategic Implications:

The operation of the Local Emergency Management Committee is consistent with the Shire of Manjimup Strategic Community Plan 2019-2029, with specific reference to the following Community Goals and associated Strategies:

Community Goals

3.3 Our whole community participates in strategies to ensure we are minimising risks in regards to bush fire and other natural emergencies.

3.5 Residents feel safe, secure and comfortable at home, work and at play.

Strategies

C22 Prepare for emergencies and natural disasters.

Organisational risk management:

By participating in the LEMC, Shire Officers are seeking to minimise risks to the Shire, its residents and assets associated with local level emergencies.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the unconfirmed minutes of the Local Emergency Management Committee (LEMC) Meeting held on the 16 December 2020 as shown at Attachment: 9.15.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28358

That Council receive the unconfirmed minutes of the Local Emergency Management Committee (LEMC) Meeting held on the 16 December 2020 as shown at Attachment: 9.15.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.16.2 Unconfirmed Minutes of the Pemberton Town Activation Committee Meeting held on 15 December 2020

PROPONENT	Pemberton Town Activation Advisory Committee
OWNER	N/A
LOCATION / ADDRESS:	Pemberton Town Centre
WARD:	West
ZONE:	N/A
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170456
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	21 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to accept the unconfirmed minutes of the Pemberton Town Activation Committee meeting held on 15 December 2020. A copy of the minutes is attached.

ATTACHMENT: 9.16.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As reflected in the unconfirmed minutes, the committee passed the following resolutions.

Committee Recommendation	Officer’s Comment
That the Committee supports the draft design of the Pemberton Ablution Block Plans with the building to be pushed back an additional 6 metres.	Supported and dealt with as part of the recommendations of this report to Council.
That the Committee supports the re application by Michael Leers to Main Roads WA for a change to 40km/hr speed limit, with new traffic count data captured over the busy summer months.	Supported and dealt with administratively.
A style guide of colours to encourage the use of mill house heritage colours within the mill house precinct be considered by this Committee.	Supported and dealt with administratively.
The committee agree to the prioritization as listed in the workshop notes.	Supported and dealt with administratively. Progress updates will be provided to the committee.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: The Committee aims to assist the Shire guide future developments in the town.

Economic: By addressing opportunities for space activation within the town centre, local businesses will benefit.

Social: The Terms of Reference for this committee pay particular attention to encouraging a cohesive social fabric.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive and note the minutes of the Pemberton Town Activation Committee held on 15 December 2020, as shown in Attachment: 9.16.2(1); and

2. Endorse the draft design of the Pemberton Ablution Block Plans with the building to be pushed back an additional 6 metres.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28360

That Council:

1. Receive and note the minutes of the Pemberton Town Activation Committee held on 15 December 2020, as shown in Attachment: 9.16.2(1); and

2. Endorse the draft design of the Pemberton Ablution Block Plans with the building to be pushed back an additional 6 metres.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.16.3 Unconfirmed Minutes of the Road Infrastructure Advisory Committee Meeting held 9 December 2020

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180208
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	13 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to consider the minutes of the Road Infrastructure Advisory Committee meeting held on 9 December 2020. The purpose of the Committee is to review the Shire’s road infrastructure components of the 10 year Forward Capital Works Plan and to review and amend the Shire’s annual Infrastructure Works budget. A copy of the minutes are attached.

ATTACHMENT: 9.16.3(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Shire’s Chief Executive Officer called for an Extraordinary Meeting of the Road Infrastructure Advisory Committee to be held on 9 December 2020 because the Main Roads Western Australia South West Regional Road Group (RRG) was requesting confirmation regarding the Shire’s RRG funded Road Construction Program for 2021/22 and its commitment to providing the required one third contribution for each funded project.

The Committee discussed the difficulty of balancing the 2021/22 infrastructure budget while injecting additional resources needed for the three new RRG funded road construction projects, being Channybearup, Graphite and Old Vasse Roads. The Committee agreed to increase funding to the 2021/22 Road Construction Program given Windy Harbour and Perup Roads will drop from the program in the near future, at the same time as maintaining a suitable level of investment and works on road reseals and unsealed roads.

Committee Recommendation	Officer’s Comment
That the Road Infrastructure Advisory Committee approve the Shire’s Regional Road Group road construction program for 2021/22.	Supported and dealt with in the recommendations of this report to Council.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

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

Organisational risk management:

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

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive the minutes of the Road Infrastructure Advisory Committee meeting held on 9 December 2020, as per Attachment: 9.16.3(1);

2. Subject to Council’s budget considerations for 2021/22, endorse the Shire’s Regional Road Group road construction program 2021/22 as shown below.

Road Construction	Total Budget	RRG	R2R	Other	Shire
Windy Harbour Rd (SLK 0.0 - 1.2)	$525,000	$50,000	$75,000	$ -	$100,000
Wheatley Coast Rd (SLK 13.6 - 14.6)	$450,000	$300,000	$50,000	$ -	$100,000
Perup Rd (SLK 31.8 - 33)	$450,000	$300,000	$50,000	$ -	$100,000
Nth Walpole Rd (SLK 4.6 - 5.8)	$450,000	$300,000	$50,000	$ -	$100,000
Channybearup Rd (design and construction)	$120,000	$90,000	$ -	$ -	$30,000
Graphite Rd	$450,000	$300,000	$50,000	$ -	$100,000
Old Vasse Rd (design and construction)	$120,000	$90,000	$ -	$ -	$30,000
Mordalup Rd (Blackspot Project)	$115,000	$ -	$ -	$79,000	$36,000

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28361

That Council:

1. Receive the minutes of the Road Infrastructure Advisory Committee meeting held on 9 December 2020, as per Attachment: 9.16.3(1);

2. Subject to Council’s budget considerations for 2021/22, endorse the Shire’s Regional Road Group road construction program 2021/22 as shown below.

Road Construction	Total Budget	RRG	R2R	Other	Shire
Windy Harbour Rd (SLK 0.0 - 1.2)	$525,000	$50,000	$75,000	$ -	$100,000
Wheatley Coast Rd (SLK 13.6 - 14.6)	$450,000	$300,000	$50,000	$ -	$100,000
Perup Rd (SLK 31.8 - 33)	$450,000	$300,000	$50,000	$ -	$100,000
Nth Walpole Rd (SLK 4.6 - 5.8)	$450,000	$300,000	$50,000	$ -	$100,000
Channybearup Rd (design and construction)	$120,000	$90,000	$ -	$ -	$30,000
Graphite Rd	$450,000	$300,000	$50,000	$ -	$100,000
Old Vasse Rd (design and construction)	$120,000	$90,000	$ -	$ -	$30,000
Mordalup Rd (Blackspot Project)	$115,000	$ -	$ -	$79,000	$36,000

ADOPTED BY EN BLOC RESOLUTION: 11/0

APPENDIX

9.5.1 Potential Legal Action - Non-Compliance with Conditions of Approval - Extractive Industry at Lot 9 (807) Middlesex Road, Middlesex

PROPONENT	Mr G J Starkie
OWNER	G & J Starkie
LOCATION / ADDRESS:	Lot 9 (807) Middlesex Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P53976
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson/Jocelyn Baister
DATE OF REPORT:	8 December 2020
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held on 24 March 2011, Council resolved (Resolution 24869) to conditionally approve an Extractive Industry on the subject land being a 36.36ha property located on the eastern side of Middlesex Road, just north of Franklin Road. An excerpt from the 24 March 2011 minutes is appended, while a location plan is shown below.

APPENDIX: 9.5.1(A)

Location Plan

Subsequently at its Ordinary Meeting held on 23 January 2020, Council was requested to consider a proposal to increase the maximum depth of the extraction from 2.3 metres to 4.5 metres.

As detailed in the agenda item on the 23 January 2020, Shire Officers assessing the application identified that the applicant had not complied with the conditions previously imposed by Council in March 2011 in the following ways:

a) Despite a condition requiring the active pit area to be a maximum of 1ha, a pit area of approximately 3.5ha was being operated;

b) No rehabilitation had been undertaken; and

c) Exceeding the maximum depth of excavation permitted under that approval.

It was stated in the 23 January 2020 agenda item that a “further report on the [non-compliance] matter will be prepared for Council consideration once legal advice on the potential for legal action has been obtained.”

Subsequently in October 2020, Council granted conditional approval to an expansion of the previously approved extractive industry. The approval was granted subject to various conditions including:

a) A prohibition on truck movements prior to 8:30am and between 3:30pm and 4:30pm;

b) Restrictions on the hours of operation to between 8:00am and 5:00pm Mondays to Fridays only; and

c) A maximum of 20 truck movements per day (i.e. 10 loads of material).

At its Ordinary Meeting held on 17 December 2020, Council was requested to consider an application to amend the conditions of approval relating to the hours of operation and maximum number of permitted truck movements. As detailed in that item, during advertising of the revised proposal, the submissions received highlighted the fact that the applicant had not been complying with the conditions of approval with trucks being on the road during the prohibited times and the activity commencing well before 8:00am.

Council is now requested to consider what actions if any should be taken in respect of the identified breaches of conditions.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Non-compliance with approval

The applicant has verbally acknowledged that on two occasions a contractor engaged by the applicant, commenced operations on site and removed material earlier than permitted by the approved hours of operation. Notwithstanding this breach of conditions, it should also be noted that operations on site should not have commenced given that there were outstanding conditions that were required to be met prior to the commencement.

Conditions of planning approval are imposed to protect the safety and amenity of the landowner and surrounding neighbours within the locality. It is considered by Shire officers, that the applicant has commenced and operated the Extractive Industry at the property with a disregard for the surrounding natural environment and landowners by extracting more than the 2015 approved area and more recently by permitting contactors to operate outside of approved hours.

Given the applicant has further breached conditions of approval and has historically disregarded the requirement for compliance with conditions of approval, Shire officers recommend that modified penalties be issued for the breaches.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

When issuing a conditional planning approval, it is expected that the applicants comply with those conditions. Given that numerous conditions have not been adhered to, it is considered appropriate for Council to endorse action being taken for the issues of non-compliance.

Organisational risk management:

Failure to issue modified penalties, or alternatively commencement of legal action for a breach of conditions could be perceived as Council condoning the operation of the activity contrary to the conditions of approval.

Financial Implications:

All costs associated with any legal action will be expended from the Shire’s adopted 2020/21 Annual Budget. Should legal action proceed, the Shire will seek a court order for re-imbursement of these costs.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Details contained within the submissions received, as considered by Council at its 17 December 2020 meeting demonstrate that the amenity of the adjacent landowners has been impacted on through the applicant’s non-compliance with the conditions of approval.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Authorise the Chief Executive Officer to proceed with the issue of a modified penalty ($500) to the owners of the land for each of the following breaches of conditions of approval granted under TP 5/2010:

a) Non-compliance with approved plans of development by extraction beyond a 1 hectare area; and

b) Exceeding the approved excavation depth of 2.3 metres.

2. Authorise the Chief Executive Officer to proceed the issue of a modified penalty ($500) to the owners of the land for the following breaches of the conditions of approval granted under TP 150/2019:

a) Permitting truck movements prior to 8:30am; and

b) Commencement of activities on site prior to the approved commencement time of 8:00am.

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Jenkins, D

28362

That Council:

a) Non-compliance with approved plans of development by extraction beyond a 1 hectare area; and

b) Exceeding the approved excavation depth of 2.3 metres.

a) Permitting truck movements prior to 8:30am; and

b) Commencement of activities on site prior to the approved commencement time of 8:00am.

MOTION lost 4/7

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

101

Councillor Taylor declared a Financial Interest in this Item as he is the Leaseholder of Site 239 Windy Harbour. Councillor Taylor did not speak or vote on the matter and left the Chamber at 6.04pm.

ATTACHMENT

APPENDIX

9.5.2 Proposed Partial Closure of Windy Harbour and Gardner Road Reserve, Windy Harbour

PROPONENT	Shire of Manjimup
OWNER	Crown Road Reserve
LOCATION / ADDRESS:	Gardner Road, Windy Harbour
WARD:	Coastal Ward
ZONE:	Road Reserve
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160369
LEGISLATION:	Local Government Act 1995 & Land Administration Act 1997
AUTHOR:	Brian Robinson
DATE OF REPORT:	11 January 2021
DECLARATION OF INTEREST:	Nil

Background:

The Windy Harbour Settlement is located on Crown Reserve 38881, comprising Lots 12439 and 13304. As reflected on the location plan below, the Windy Harbour Road/Gardner Road road reserve is substantially wider than a standard road reserve, having a width of between 100 and 250 metres.

Location Plan

The ongoing management and development of the reserve is guided by the Windy Harbour Management Plan 2007-2017. Further information regarding the Management Plan is provided within the comment section overleaf.

Council is requested to consider commencing a partial road closure in accordance with Plan Statement/Recommendation 6 of the management plan. A plan detailing the potential areas of road closure is shown attached.

ATTACHMENT: 9.5.2(1)

PUBLIC Consultation Undertaken:

The Windy Harbour Management Plan 2007-2017 was adopted by the Shire following extensive public consultation.

COMMENT (Includes Options):

To assist Council in considering a partial closure of the Windy Harbour and Gardner Road reserves, the following comments are offered:

Reserve Status

The Shire holds the management order for the reserve for the purposes of “Recreation, Camping, Caravan Park and Holiday Cottages”. Subject to the approval of the Minister for Lands, the Shire has the power to lease within the settlement.

Windy Harbour Management Plan

The current Windy Harbour Management Plan was adopted by Council at its Ordinary Meeting held on 8 November 2007. The Plan as adopted by Council comprised 36 recommendations, split into approximately 96 actions.

Given the substantial range of matters addressed by the Plan, and their cost implication, Council was requested to consider prioritising the plan’s recommendation at its meeting held on 18 June 2009. A copy of the priorities as adopted by Council is appended.

APPENDIX: 9.5.2(A)

Following a question from a member of the public at its 26 October 2017 meeting, an audit of the Windy Harbour Management Plan 2007-2017 recommendations was completed and reported to Council at its meeting held on 7 December 2017. A copy of the spreadsheet summarising the status of the recommendations, as presented in December 2017 is appended.

APPENDIX: 9.5.2(B)

Having regard to the fact that a number of substantial recommendations were yet to be implemented, Council resolved to:

1. Note the current status of recommendations contained within the Windy Harbour Management Plan 2007-2017 as shown at Attachment: 9.5.2(2);

2. Request the Chief Executive Officer to continue progressive implementation of the Management Plan recommendations, with an emphasis on:

a) The rationalisation of the boundaries of the Windy Harbour Road Reserve and Reserve 38881 with the view to incorporating that portion of road reserve to be closed within the Windy Harbour Camping Ground; and

b) Finalisation of lease arrangements associated with the Windy Harbour Water Supply.

3. Give consideration to a budget allocation for the review of the Windy Harbour Management Plan as part of the 2018/19 annual budget process.

With the Shire’s available resources being substantially impacted on by other matters, no further action has been undertaken on the recommendations since the previous report to Council.

Plan Statement No 6 – Width of Windy Harbour Road Reserve

The current reserve width of the Windy Harbour Road/Gardner Road road reserves is not required for the function of the road. Furthermore as acknowledged within the Management Plan, the reserve includes an area that was traditionally used for a Fisherman’s camp associated with the settlement. The camp area being immediately north of the current Windy Harbour Campground, shown as Area No 1 on Attachment: 9.5.2.(1)

Areas for Potential Closure

The Windy Harbour Road road reserve, including that portion now known as Gardner Road, varies dramatically. The road reserve ranges from 26 metres in width within the Northcliffe townsite, to widths of between 100 metres and 280 metres adjacent to the Windy Harbour Settlement.

The Windy Harbour/Gardner Road has a sealed width of 6 metres. This size road pavement is normally accommodated within a 20 metre road reserve, with road verge width of 7 metres either side of the carriageway. As shown at Attachment: 9.5.2(1), allowing for a road verge width of 7 metres on the southern side of the road pavement, there is a substantial area of road reserve that could be closed an incorporated into the existing reserve. These areas are summarised as follows:

a) Area No 1 - An area of approximately 8,150m² west of the new entrance road, being at the rear of the existing campground. This area contains an area historically used as a professional fishermans camp; and

b) Area No 2 – An area of approximately 46,049m² extending from the eastern boundary of Lot 12439 westward to the new entrance road.

A third potential area for road closure exists to the east of Lot 12439, abutting Lot 13304. With the ability for Council to develop Lot 13304 for leases or other purposes being limited, it appears that there would be little or no benefit in pursuing a road closure abutting Lot 13304 at this time.

Current Reserve Status

As elected members would be aware, both lots are included within Crown Reserve 38881, being an “A” class crown reserve. Given the “A” class status of the reserve, the process of amending the lease boundaries can be complicated and may involve the need for the proposal to be tabled in both Houses of Parliament.

As a result of this process there have been significant delays (10 years plus) in the Shire obtaining tenure of the existing water supply infrastructure located within the adjacent D’Entrecasteaux National Park.

An amendment of the current reserve (and the associated processes) could be avoided if the area of road to be closed was created as a separate crown reserve, with a management order in favour of the Shire. The proposed purpose of the management order would be for “Camping”, allowing the Shire to effectively extend the existing Windy Harbour Nature Based Campground and substantially increase the number of available camping sites.

Given the above, it is recommended that consideration be given to pursing a partial closure of the Windy Harbour Road/Gardner Road road reserve, being Area No 1 as shown Attachment: 9.5.2(1) only. It is recommended that the potential closure of Area No 2 be further considered at a future time.

Viability of the Campground

Council has on several occasions considered the potential to establish a commercial lease over the Windy Harbour Campground. Due to the limited size of the current campground this was deemed to not be viable. As a result the current Windy Harbour Management Plan recommends that the potential development and expansion of the campground should be considered.

Closure of that portion of the road reserve shown as Area No 1 at Attachment: 9.5.2(1) could result in a substantial amount of land being made available for potential expansion of the Campground, increasing the annual income generated by the facility. This could result in a commercial lease over the area becoming viable.

Potential Development of Area No 1

As Area No 1 physically abuts that portion of the Windy Harbour reserve developed within the campground, there is potential for the area to be developed with additional camping ground sites. To ensure compliance with the requirements of the Caravan Park and Camping Ground Act 1995, the construction of an additional ablution facility will be required.

Further details of the potential use and a proposed design will be prepared should the proposed road closure action be successful.

Conclusion

The current reserve width of the Windy Harbour/Gardner Road road reserves is excessive. The potential to close portion of the existing road reserve was identified within the adopted Windy Harbour Management Plan, which outlines a vision for the land to be incorporated into the existing Windy Harbour settlement reserve.

Due to the complex nature of amending the current reserve boundaries, it is recommended that Council consider closing Area No 1 as shown on Attachment: 9.5.2 (1), with the view to creating a separate reserve that could be utilised and developed in association with the Windy Harbour Campground.

STATUTORY ENVIRONMENT:

Section 58(1) of the Land Administration Act 1997 prescribes that when a local government wishes to permanently close a road, they may request the Minister for Lands to close the road following a formal public consultation process.

Policy / Strategic Implications:

Partial closure of the road reserve, as recommended, would be consistent with the following recommendations of the Windy Harbour Management Plan 2007-2017:

· Plan Statement 6 – Reducing the width of Windy Harbour Road Reserve; and

· Plan Statement 25 – Windy Harbour Campground.

Organisational risk management:

Nil.

Financial Implications:

Costs associated with the proposed road closure would be met through the operational budget associated with expansion of the Windy Harbour Campground as reflected within the adopted 2020/21 annual Shire Budget.

Once the road closure action is completed and a new reserve created, works could be undertaken to expand the existing campground, increasing the potential income from the campground

Sustainability:

Environmental: No impact associated with the road closure action.

Economic: Closure of the road reserve as proposed would facilitate expansion of the Windy Harbour Campground in accordance with the recommendations of the Windy Harbour Management Plan 2007-2017.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Request the Chief Executive Officer to proceed with the partial closure of the Windy Harbour Road/Gardner Road road reserve shown as Area No 1 in Attachment: 9.5.2(1);

2. Approve the public consultation in respect of the proposed partial closure of the Windy Harbour Road/Gardner Road as stated in point 1 above, in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days; and

3. Await a further report on the proposed road closure following the close of the public consultation process outlined in point 1 above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28363

That Council:

1. Request the Chief Executive Officer to proceed with the partial closure of the Windy Harbour Road/Gardner Road road reserve shown as Area No 1 in Attachment: 9.5.2(1);

3. Await a further report on the proposed road closure following the close of the public consultation process outlined in point 1 above.

CARRIED: 10/0

107

Councillor Taylor declared a Financial Interest in this Item as he is the Leaseholder of Site 239 Windy Harbour. Councillor Taylor did not speak or vote on the matter and left the Chamber at 6.04pm.

ATTACHMENT

9.5.9 Proposed Additions to Holiday Cottage at Lease 240 Gregory Way, Windy Harbour

PROPONENT	Mr TF & Mrs RJ Winfield
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lease 240 Gregory Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No. 5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/210; P55501
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	7 January 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for the construction of proposed additions to the existing Holiday Cottage at Lease 240 Gregory Way, Windy Harbour. A location plans is shown below and a copy of the development plans are attached.

ATTACHMENT: 9.5.9(1)

Location Plan

The lease has an area of 608m² and is located within Precinct 3 of the Windy Harbour settlement. The site contains an existing holiday cottage.

The application is proposing the construction of an addition to the rear of the holiday cottage, being 8.1 metres by 9.14 metres (74m²) as well as a 22m² covered deck to the front of the holiday cottage. The structure is to be constructed of hardi-plank walls and pine frames.

The application is being referred to Council for determination as Shire officers do not have delegated authority to determine the application as it proposes a development footprint larger than permitted under the Deemed-to-Comply provisions of Local Planning Policy 6.1.16 Windy Harbour Design Codes (the Policy) and involves the construction of a gable roof.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with the Policy to adjoining leaseholders for a 21 day period with submissions closing on 23 December 2020. No submissions were received during this time.

COMMENT (Includes Options):

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

Matters to be Considered

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

(a) The aims and provisions of the Scheme;

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

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

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

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

Zone Purpose and Objectives

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

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

· The requirements of the Windy Harbour Management Plan;

· Associated Local Planning Policies; and

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

Local Planning Policy

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

Holiday Cottage Footprint

The policy identifies that in order to meet the “Acceptable Development” criteria, holiday cottages are to have a maximum ground level footprint of 120m² within Precinct 3. With the existing cottage having an area of 81.6m², the proposed extension of 74.1m² will result in a total combined floor area of 155.7m². As this will exceed the Acceptable Development criteria by 35.7m², the application must be assessed against the identified “Performance Criteria”, being:

“To ensure that the size of holiday cottages remains consistent with the character of the Precinct Area and reflects the short-stay nature of tenure in Windy Harbour.”

Examination of aerial photography of Precinct No 3 indicates that the proposed new floor area will be within keeping with the surrounding holiday cottages within Precinct No 3.

Site Coverage

The proposed Holiday Cottage extension and covered deck is compliant with the provisions of the Policy in terms of site coverage. The permitted site coverage for Precinct 3 is 40% and when assessed, the development will have a site coverage of 26%, which is well within the site coverage requirement.

Building Design

When assessing the application, it was found that the proposed use of a gable roof over the front ‘covered deck’ was not consistent with point c) of the Building Design Acceptable Development. Point c) states the following:

‘Verandah’s and patios are to use skillion roof construction. The construction of gabled patios will generally not be approved unless incorporated into the roofline of the cottage.”

The applicant was contacted in regards to the roof design not being consistent with the Acceptable Development and was asked to reconsider the design or seek a variation through consideration of Council. The applicant’s draughtsman supplied a letter of justification. It states that if another skillion roof was to be pitched off the same wall the roof structure would be below the compliant acceptable height. The draughtsman has also stated that the gable roof will increase the amenity of the living space and allowing more natural light into the cottage. A copy of the justification is attached.

ATTACHMENT: 9.5.9(2)

If approved, the gable roof over the deck will be consistent with the existing roof of the holiday cottage as well as the proposed roofing to the additions to the rear of the holiday cottage.

Conclusion

Given the proposed development of the Holiday Cottage extension and deck meets the performance criteria of the design guidelines, approval for the proposed works only requires a minor variation of the current Policy provisions and no objections were received from the adjoining leaseholders. It is therefore recommended that the application be conditionally approved.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

The required development application fee has been paid.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. In accordance with Part 10 of Local Planning Scheme No. 4 approve the proposed Additions to Holiday Cottage at Lease 240 Gregory Way, Windy Harbour (Application TP193/2020) as shown at attachment 9.5.9(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
Sheet 1	Site Plan	4 November 2020
Sheet 2	Floor Plan	4 November 2020
Sheet 3	Elevations	4 November 2020
Sheet 4	Section A_A	4 November 2020
Sheet 5	Section B_B	4 November 2020
Sheet 6	Section C_C	4 November 2020

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

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

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

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

f) The submitted Bushfire Attack Level (BAL) Assessment shall be implemented and the on-going management provisions of the (BAL) Assessment shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup; and

g) The building is to be constructed in accordance with the Australian Standard 3959 “Construction of Building in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup.

Advice to Applicant

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

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

iii. The additions to the Holiday Cottage are required to have a setback of 1.2 metres from the septic tanks and 1.8 metres from the leach drains or soak wells.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Tapley, D

28364

That Council

Reference	Document Title	Date Received
Sheet 1	Site Plan	4 November 2020
Sheet 2	Floor Plan	4 November 2020
Sheet 3	Elevations	4 November 2020
Sheet 4	Section A_A	4 November 2020
Sheet 5	Section B_B	4 November 2020
Sheet 6	Section C_C	4 November 2020

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

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

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

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

g) The building is to be constructed in accordance with the Australian Standard 3959 “Construction of Building in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup.

Advice to Applicant

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

iii. The additions to the Holiday Cottage are required to have a setback of 1.2 metres from the septic tanks and 1.8 metres from the leach drains or soak wells.

CARRIED: 10/0

112

Councillor Taylor declared a Financial Interest in this Item as Warren Electrical has quoted on the electrical and his son is the owner of Warren Electrical. Councillor Taylor did not speak or vote on the matter and left the Chamber at 6.04pm.

ATTACHMENT

APPENDIX

9.9.1 Proposed Award of Tender RFT 03/20 Little Taddies Day Care Refurbishment

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 203 Hepple Place, Pemberton
WARD:	West
ZONE:	Public Purposes
DIRECTORATE:	Community Services
FILE REFERENCE:	F200383
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jessica Winters
DATE OF REPORT:	3 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire is collaborating with eight (8) community not-for-profit groups in Pemberton to work towards a fit-for-purpose solution to address the issue of:

· Ageing infrastructure;

· Reduced operational funding;

· Increasing operational costs; and

· Long-term sustainability of community groups.

Part of this Community Co-location project is the refurbishment of the existing Little Taddies Day Care Centre. A concept design was completed in 2019 to inform funding applications.

Once funding was secured tender-ready documentation was prepared and completed in August 2020 and a tender for construction (this tender) was released in October 2020. A set of the detailed drawings is appended to this item.

APPENDIX: 9.9.1(A)

This component of the Community Co-location project (Little Taddies Day Care) has secured funding from Lotterywest, Shire of Manjimup and Little Taddies Day Care.

In accordance with the requirements of the Local Government Act 1995, Tender RFT 03/20 was advertised seeking the services of an appropriately experienced contractor to tender for the refurbishment of Little Taddies Day Care. The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender RFT 03/20.

PUBLIC Consultation Undertaken:

The tender was advertised in accordance with the tender provisions of the Local Government Act 1995.

COMMENT (Includes Options):

To deliver the best outcome, and to procure the most suitable contractor for the works, a comprehensive request for tender was prepared including detailed drawings and specification.

Six (6) prospective Tenderers downloaded documents from the Shire’s website and a total of two (2) Tenders were received by the closing time. Generally speaking, the tenders received were of a high standard offering a depth of experience and expertise.

The Tender evaluation panel, comprising of one employee and one consultant (employed as a Project Supervisor for the Pemberton Community Co-location Project) independently assessed the tenders received using an assessment matrix. Assessment scores were then weighted and are presented in the table below. The matrix referenced the terms and assessment criteria of the Request for Tender document. Whilst a summary of the assessment is shown in the table below, the full summary of the tender assessment is attached.

ATTACHMENT: 9.9.1(1)

Both Tenders received an equal scoring in the assessment. Based on all of the information received and assessed it is recommended by the panel to award Tender RFT 03-20 to Civilcon (WA) Pty Ltd.

The Tender from Civilcon (WA) Pty Ltd was a high quality submission with all criteria being addressed. The submission demonstrated experience with building refurbishments and an ability to deliver the project on time. Further this submission is priced lower than that received from Devlyn Construction.

As elected members may be aware the Shire recently contracted Civilcon (WA) Pty Ltd on the South West Energy Experience (Power Up Electricity Museum) project and had a relatively positive experience throughout the whole project.

Budget

Both Tenders received, whilst similarly priced, were over the estimated cost of construction and available project funds.

The concepts and subsequent detailed design was prepared with the budget in primary consideration, with the estimated cost of works constantly reviewed and managed by the project supervisor and Shire project manager. Whilst significant efforts were made to reduce project scope to meet the budget, without compromising on the Day Care’s functional and legislative needs, tenders received are over budget.

It must be noted there is no further options for value management (i.e. scope reduction) in the project except for some minor changes that can be dealt with as building variations.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 required tenders to be called for contracts exceeding $150,000.

Policy / Strategic Implications:

The significance of the proposed Pemberton Community Co-location project is supported in the following strategic documents:

Strategic Community Plan 2019-2029

C1. Encourage co-locations, partnerships and resource sharing to deliver community services.

Corporate Business Plan 2019-2023

C1.1 (Action) Progress the Pemberton Co-Location Project to develop a new shared and co-managed facility for the Pemberton Visitor Centre, Community Resource Centre and Public Library and Associated Facilities.

Organisational risk management:

Risk mitigation has been achieved by the following:

· An assessment panel consisting of two (2) members have individually completed a Tender Assessment Scoring and summarised their findings;

· The Panel have recommended a Tender appointment to the lowest priced tender, although not within budget see below in ‘Financial Implications’ for risk mitigation of cost;

· Demonstrated financial sustainability of the proposed tenderer; and

· Process overseen by the Probity Officer.

In saying the above the proposal is not without ‘organisational risk’, in particular it must be acknowledged that the Department of Water and Environmental Regulation have flagged that the site has the potential to be impacted by perfluoroalkyl and polyfluoroalkyl substances (PFAS) associated with firefighting foams from the neighbouring property (Pemberton Volunteer Fire and Rescue station). After a preliminary investigation the risk has been determined as low and a management plan has been established and issued to Department of Health for review. The Department of Fire and Emergency Services are continuing an investigation of their property and neighbouring properties.

Financial Implications:

The Little Taddies Day Care Refurbishment is part of an overarching budget for the Pemberton Community Co-location project. As such, the below proposal does not have any additional budget requirements.

Budget amount

The project budget for the design and construction (inclusive of all expenses) of the Little Taddies Day Care Refurbishment was a total of $419,872.00 (ex GST).

The funding breakdown is provided in the below table.

Contributor	Amount (Ex GST)
Shire of Manjimup	$50,000
Lotterywest	$279,872
Little Taddies Grant Contribution	$80,000
Little Taddies Cash Contribution	$10,000
TOTAL	$419,872

Budget spent to date

Of this budget, $14,500 (ex GST) was or will be spent on the design development, certification and project supervision leaving $405,372 (ex GST) remaining for the works.

Proposed cost

The proposed Tender cost is $426,480 (ex GST), which is $21,108 over the current available budget of $405,372 (ex GST). As it is part of the larger Pemberton Community Co-Location Project, it is proposed that the required funds are taken from that project budget to supplement the Little Taddies Day Care Refurbishment (see separate agenda item regarding RFT 04-20 Pemberton Community Co-location Redevelopment for details on project specific financial implications).

Note this approach does mean there would be no project contingency however the remainder of the project is considered relatively low risk.

Sustainability:

Environmental: The act of refurbishing the building (as opposed to a new build) results in a significantly less carbon footprint and further the refurbishment includes the installation of a complete photo-voltaic (PV) system to generate a substantial amount of electricity for the building users.

The recommended Tenderer has an active Environmental Management Plan which will be implemented via the Construction Management Plan.

Economic: The Little Taddies Day Care Refurbishment is the most cost effective means for delivering a compliant Day Service in Pemberton. During design development a number of alternatives were considered such as alternate locations and/or new facility development. This refurbishment will give the existing facility an extended life while meeting the legislative requirements for operating a Day Care – an essential service for the local community and economy.

The newly refurbished facilities will reduce the ongoing servicing costs to the users by having reduced electricity bills (via PV system and more energy efficient appliances) and water bills (via more water efficient appliances).

Social: The Day Care will provide an essential service for the local community as well as provide a safe, compliant service to its users.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award RFT 03/20 Little Taddies Day Care Refurbishment to Civilcon (WA) Pty Ltd for the price of $426,480.00 (ex GST) in accordance with the tender document and their submitted Tender Response.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28365

CARRIED: 10/0

120

Councillor Taylor declared a Financial Interest in this Item as Warren Electrical has quoted on the electrical and his son is the owner of Warren Electrical Councillor Taylor did not speak or vote on the matter and left the Chamber at 6.04pm.

ATTACHMENT

APPENDIX

9.9.2 Proposed Award of Tender RFT 04/20 Pemberton Community Co-location Redevelopment

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 288 and 242, Pemberton
WARD:	West
ZONE:	Public Purposes
DIRECTORATE:	Community Services
FILE REFERENCE:	F200384
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jessica Winters
DATE OF REPORT:	21 December 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire is collaborating with seven (7) community not-for-profit groups in Pemberton to work towards a ‘fit-for-purpose’ solution to address the issue of:

· Ageing infrastructure;

· Reduced operational funding;

· Increasing operational costs; and

· Long-term sustainability of community groups.

The primary focus of the seven (7) groups is to deliver long-term surety to the Pemberton community that key services will continue. Ultimately, the project will complete a community services precinct that already houses an additional three (3) community not-for-profit groups.

This upgraded precinct will provide a basic fit-for-purpose base for the following community services/groups to operate from:

· Pemberton Community Resource Centre (CRC)

· Pemberton Visitor Centre

· Pemberton Public Library

· Return Service League (Pemberton Sub-Branch)

· Pemberton Chamber of Commerce

· Pemberton Arts Group

· Pemberton History and Heritage Group

In 2019 the Shire engaged a local draftsperson, D’Entrecasteaux Drafting & Design, to prepare concept designs for the precinct development in consultation with the above community groups. These concept designs informed a cost estimate which was used to secure both municipal and Lotterywest funding contributions.

Following ongoing consultation with the above community groups a number of issues were identified in the design including:

· Not addressing aesthetic goals;

· Lack of whole-of-site integration including design to current site levels; and

· Lack of addressing user functionality needs.

At the Council briefing session prior to ordinary Council meeting on 4 June 2020, Shire officers presented several options forward with the design whilst addressing the above issues. At that meeting Council (informally) endorsed an increase of municipal funding contribution. The table below shows the budget that was adopted at the 2020-2021 financial year (excluding Little Taddies Contribution).

Funding Source	Amount ex GST	Comments
Shire of Manjimup	$700,000	Loan (specific to project)
Shire of Manjimup	$61,899	Carry Forward
Lotterywest	$918,810	Grant Funding Secured
RSL – Dept. of Veteran Affairs	$50,000	Grant Funding Secured
Pemberton Community Resource Centre	$5,000	Cash Contribution
Pemberton Visitor Centre	$14,000	Cash contribution
Pemberton Arts Group	$2,000	Cash Contribution
Total	$1,751,709

Following this meeting the Shire engaged Kent Lyon Architects to undertake the concept revisions. These were further detailed and taken to tender-ready documentation with local draftsperson (supported by a team of design engineers). The full detailed design architectural drawings is appended to this item.

APPENDIX: 9.9.2(A)

Prior to Tendering the project had secured sufficient funding as determined by the Probable Cost Report. Based on a number of reasons documented in the ‘Comment’ section, all Tenders received were over budget. Nonetheless a preferred Tender has been determined.

In accordance with the requirements of the Local Government Act 1995, Tender RFT 04/20 was advertised seeking the services of an appropriately experienced contractor to tender for the construction of the Pemberton Community Co-location Redevelopment.

The purpose of this report is to present the results of the tender assessment for Council’s consideration and to award Tender RFT 04/20 and considering additional funding.

PUBLIC Consultation Undertaken:

The Tender was advertised in accordance with the tender provisions in the Local Government Act 1995.

COMMENT (Includes Options):

To deliver the best outcome, and to procure the most suitable contractor for the construction of the Pemberton Community Co-location precinct, a comprehensive Request for Tender was prepared including full construction drawings, specification and a draft Form of Contract – AS 4000 (1997) – with amendments.

Nine (9) prospective Tenderers downloaded documents from the Shire’s website and a total of three (3) Tenders were received by the closing time. Generally speaking, the Tenders received were of a high standard offering a depth of experience and expertise.

The Tender Evaluation Panel, comprising of two employees and one consultant (employed as project supervisor for the Pemberton Community Co-Location project delivery), undertook to independently assess the Tenders received using an assessment matrix. Assessment scores were then weighted and are presented in the table below. The matrix referenced the terms and assessment criteria of the request for tender document. Whilst a summary of the assessment is shown in the table below, the full summary of the tender assessment is attached.

ATTACHMENT: 9.9.2(1)

		Weighted Score
		(a) Demonstrated Relevant Experience (25%)	(b) Ability to Delivery (25%)	(c) Pricing (50%)	Total Score	Ranking
1	Civilcon (WA) Pty Ltd	20	21.67	20	61.7	2
2	Devlyn Australia Pty Ltd	20.83	22.5	25	68.3	1
3	Karamfiles Builders	20	18.33	30	68.3	1

Preferred Tender

Both Devlyn Australia Pty and Karamfiles Builders received an equal (highest) ranking with Civilcon Pty Ltd scoring lower. All three Tenderers were considered to have similar ability to deliver the project as well as all having relevant experiences.

Whilst Devlyn Australia Pty Ltd scored an equal highest score with Karamfiles Builders, the Tender Assessment Panel have identified Karamfiles Builders as the preferred Tenderer. Karamfiles Builders provided the lowest price (prior to applying the Regional Price Preference Policy) and the Tender assessment panel are confident in their suitability and ability to undertake the project.

Budget

All three Tenders received were over the estimated cost of construction and available project funds. Further all three Tenders quoted a longer than estimated time to deliver the project which has cost implications associated with both maintaining an alternate location for the Pemberton Library and with ongoing costs of managing the project.

To appoint the preferred Tender as stated above would require an additional cash contribution of $495,482 (ex GST) to the project (see Financial Implications for further detail).

The project detailed design was undertaken between May and November 2020. The revised concepts and subsequent detailed design was prepared with the revised budget; as per Council advice in briefing session prior to the ordinary Council meeting on the 4 June 2020. The estimated cost of works was constantly reviewed throughout the design process and managed by the project supervisor and Shire project manager. Both the supervisor and manager identified the project budget as limited and significant efforts were made to reduce project scope without compromising on stakeholders functional needs.

There are a number of factors that may have resulted in the Tender exceeding the budget:

· Unexpected expense of relocating the Telstra/NBN connection. This work was undertaken during the detailed design phase and cost $43,000 (ex GST) (budget estimate originally $5,000);

· Budget figures presented to Council at the briefing session prior to the ordinary meeting on 4 June 2020 did not account for the $139,062 (ex GST) already expended;

· State and federal building grants as part of the government’s COVID-19 stimulus packages have significantly increased construction costs as Western Australian builders try keep up with demand. Anecdotal evidence suggests local builders were too busy to consider tendering, and industry-wide there is limited competition between sub-contractors (e.g. only one price per trade per tender) i.e. increased pricing due to lack of competition;

· Insufficient allowance in original costing for dealing with site levels (i.e. cost to raising site levels and/or adapting buildings to make accessibility compliance); and

· The original budget including in-kind contributions within total budget figure i.e. non-cash contributions cannot be used to pay cash items.

It must be noted that the project team, in close consultation with the stakeholders, believe there is no more room for value management (i.e. scope reduction) in the project except for some minor changes that can be dealt with as building variations.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 required Tenders to be called for contracts exceeding $150,000.

Policy / Strategic Implications:

The significance of the proposed Pemberton Community Co-location project is supported in the following strategic documents:

Strategic Community Plan 2019-2029

C1. Encourage co-locations, partnerships and resource sharing to delivery community services.

Corporate Business Plan 2019-2023

C1.1 (Action) Progress the Pemberton Co-location project to develop a new shared and co-managed facility for the Pemberton Visitor Centre, Community Resource Centre and Public Library and Associated Facilities.

Organisational risk management:

A number of risks are being reduced by funding and undertaking the Pemberton Co-location Precinct project. The project will:

· Reduce long term maintenance risks by undertaking significant improvements; and

· Remove risk of closure of important community services such as the Library and Resource Centre due to building failure.

Further risk mitigation via the Tender process has been achieved by the following:

· An assessment panel consisting of three (3) members have individually completed a Tender assessment scoring and summarized their findings;

· Tenderer selected with proven reputation with the Shire;

· Demonstrated financial sustainability; and

· Process overseen by the Probity Officer.

In saying the above the proposal is not without ‘organisational risk’ that needs to be acknowledged and considered by Council. The identified risks; some with proposed mitigation efforts, are:

a. Project cost over-runs - the proposed additional budget adoption to meet the preferred tender cost does not incorporate any contingency, nor does it include any allowance for soft landscaping; this can be somewhat mitigated by:

· The draft Form of Contract, along with the terms and conditions of the tender, provide sound protections for both contractor and Shire should any instance arise that may require a contract variation, including the requirement for formal written approval from the Shire before any contract variation can proceed;

· The tender price has a number of provisional sums and assumptions built within the price schedule that may be negotiated down;

· A commitment from all stakeholders to contribute in-kind donations to develop the soft landscaping post-construction; and

· Additional staffing expenses removed from project budget and charged to operational staffing budgets.

b. 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;

c. The local government’s ability to loan funds for the strategic priority of redevelopment Rea Park / Collier Street Sporting Precinct has the potential to be compromised as a result of the cash contribution. If so, 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;

d. Continued increase in construction costs. The market conditions resulting in increased construction costs are not anticipated to reduce within the next twelve months given ongoing and sustained private investment in housing development. As such delaying the project; or re-tendering; runs the risk of even further cost increases;

e. Requirement of a deferral of Development Approval conditions 2, 3 and 8 of DA138/2020 (regarding requirements prior to applying for a building permit) to proceed with project in a timely fashion (see separate Agenda item);

f. The Department of Water and Environmental Regulation have flagged that the site has the potential to be impacted by perfluoroalkyl and polyfluoroalkyl substances (PFAS) associated with firefighting foams from the neighbouring property (Pemberton Volunteer Fire and Rescue station). After a preliminary investigation the risk has been determined as low and a management plan has been established and issued to Department of Health for review. The Department of Fire and Emergency Services are continuing an investigation of their property and neighbouring properties; and

g. Not proceeding with the Project will result in key not-for-profit community groups being housed in ageing and no longer fit for purpose accommodation within Pemberton. Whilst the Shire of Manjimup only has direct responsibility for the Pemberton Library it has a civic responsibility to ensure key groups are supported and retained within communities and suitable housing is a key to achieving this outcome.

Financial Implications:

Proposed cost

Please refer the below table for incurred and anticipated expenditure based on the recommended Tender appointment:

Expenditure Item	Amount (ex GST)	Comments
Expenditure to date	$185,505	Expenditure incurred or committed
Construction Tender Appointment	$2,000,578	As per this report
Storage Units	$30,000	Item essential for development but excluded as works in this Tender
Additional Project Management	$2,000	Additional allowance for project management due to extended build timeframe.
Building Permit Fees	$4,000	To be incurred Jan/Feb 2021
Library Re-location Allowance	$4,000	Allowance to cover rent and utilities of temporary library location.
Contribution to Little Taddies	$21,108	Required to make up shortfall in project budget (see separate agenda item)
Total	$2,247,191

Provided that there is $1,751,709 available funding for the project, there is an overall shortfall of $495,482 ex GST.

The recommendation is that Council support the appointment of Tender RFT 04-20 with an additional contribution of $495,482 ex GST over the 2021/22 financial year. The funding forming part of the Recreation/Community Facility Upgrades proposed WATC loan of $7,000,000. After committed projects to this loan it will leave a balance of $5,028,951. This has been earmarked for the Collier Street/Rea Park Sporting Precinct project in which further funds will be leveraged over the next few years.

Sustainability:

Environmental: A number of planted trees have been removed from the proposed construction site in preparation for construction works to commence. As part of the site landscaping; and in keeping with the conditions of the Shire’s License to Clear issued by the Department of Water and Environmental Regulation, an equal number or greater number of trees will be re-planted in the precinct.

The act of refurbishing the building (as opposed to a new build) results in a significantly less carbon footprint than a complete new-build.

The recommended tenderer has an active Environmental Protection Plan which will be implemented via the Works Management Plan.

The intention of the stakeholders sharing resources and facilities will result in greater energy efficiency and reduced overall energy consumption.

Economic: The new developments are designed to be sustainable and efficient buildings. The design was undertaken with a minimal long term maintenance liability as a key criteria.

A Memorandum of Understanding is being developed between the facility stakeholders which will clearly identify maintenance, cleaning and operational responsibilities.

The refurbishments will enhance the value of Shire-owned assets.

Social: The new developments will be a community space providing a sense of place in the Pemberton town centre; a new cultural centre where community members and visitors can use essential community services or participate in community groups, programs and events.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Award RFT 04/20 Pemberton Community Co-location Redevelopment to Karamfiles Builders for the price of $2,000,578 (ex GST) in accordance with their submitted Tender Response; and

2. Approve the inclusion of loan of $495,482 (ex GST) in the Shire of Manjimup’s pending loan application to the Western Australia’s Treasury Corporation for Recreation submissions to fund the implementation of the Pemberton Community Co-location redevelopment over the 2021/2022 financial year budgets.

Description	Current Budget	Amended Budget	Variation
Transfer to Recreation Ground/Facility Improvement Reserve	($6,810,054)	($6,314,572)	($495,482)
Pemberton Colocation Project / Little Taddies	$2,037,854	$2,533,336	$495,482
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Lawrence, K

28366

That Council:

1. Award RFT 04/20 Pemberton Community Co-location Redevelopment to Karamfiles Builders for the price of $2,000,578 (ex GST) in accordance with their submitted Tender Response; and

Description	Current Budget	Amended Budget	Variation
Transfer to Recreation Ground/Facility Improvement Reserve	($6,810,054)	($6,314,572)	($495,482)
Pemberton Colocation Project / Little Taddies	$2,037,854	$2,533,336	$495,482
Net Rate Funds			$0

CARRIED: 10/0

128

Councillor Taylor returned to the Chamber at 6.07pm.

Councillor Jenkins declared a Proximity Interest in this Item as she is the joint owner of 4 Finch Street, which is adjacent to the AquaCentre. Councillor Jenkins did not speak or vote on the matter and left the Chamber at 6.07pm.

ATTACHMENT

9.9.3 Proposed Award of Tender 05/20 Replacement Air Conditioning System at the Manjimup Regional AquaCentre

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 3000, Rutherford Street, Manjimup
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Community Services
FILE REFERENCE:	F200386
LEGISLATION:	Local Government Act 1995 Local Government (Functions and General) Regulations 1996
AUTHOR:	Troy Reid
DATE OF REPORT:	23 December 2020
DECLARATION OF INTEREST:	Nil

Background:

As part of the 2020/21 budget process, Council identified the Manjimup Regional AquaCentre (AquaCentre) as requiring funding for a Heating, Ventilation and Air Conditioning (HVAC) System replacement for the purpose of maintaining good air quality throughout the facility. As a result Tender 05/20, Replacement Air Conditioning System AquaCentre was advertised. This report present the results of the Tender assessment for Council’s consideration and award of Tender.

PUBLIC Consultation Undertaken:

A Request for Tender (RFT) was advertised in the West Australian Newspaper on 21 November 2020, through the Shire of Manjimup’s web page and locally in the Manjimup Bridgetown Times on 18 November 2020 in accordance with the Local Government Act 1995.

COMMENT (Includes Options):

In addition to the replacement of the HVAC, the RFT included the replacement of the heat exchanger as optional additional works. The purpose of the heat exchanger is to separate the temperatures of the two (2) AquaCentre pools that share the same circulation and filtration system (and therefore are essentially the same body of water). The heat exchanger’s objective is to maintain the lap pool at a temperature of 27 degrees celsius and the leisure pool at a temperature of 32 degrees celsius simultaneously (thus a 5 degrees celsius split). This is to provide safe and comfortable swimming conditions for the activities associated with each pool. The lap pool is predominately used by adults for high intensity training whilst the leisure pool is used mostly by seniors, children and infants for rehabilitation and enjoyment. These additional works will also reduce unnecessary heating and chemical costs that are incurred when running the lap pool above the desired temperature.

The reason for including the heat exchanger in the RFT, as an optional addition, is that HVAC contractors commonly also supply and install heat exchangers, and to ascertain whether this additional project would be able to be undertaken within the allocated project budget for the HVAC replacement. A scope of works for this additional project was included into the RFT so that Tenderers could submit an optional proposal in addition to their conforming base Tender for the HVAC. If the Tenderers included a proposal for these optional works, and these proposals did not meet the allocated project budget, they would serve as an accurate cost indication for future budget planning.

Nine (9) prospective Tenderers downloaded documents from the Shire’s website. A total of six (6) Tenders were submitted by the specified closing time, including one (1) alternative Tender providing an alternative make and model air conditioning unit option by the Tenderer. Five (5) of the Tenders submitted complied with the specifications contained in the Tender. The sixth Tender was excluded from the assessment, as it did not include the required electrical sub-contractor, as explicitly specified in the RFT, essential to integrate the replacement HVAC system into the existing Building Management System. All five compliant Tenders included a proposal for the additional works of the replacement of the heat exchanger, and were assessed against the quantitative criteria in accordance with normal practice.

The Tender Evaluation Panel, that comprised of four (4) members, being 3 staff and 1 technical consultant, independently assessed the Tenders received using an assessment matrix. The assessment scores were then averaged to create a ranking of each Tender that would determine the most advantageous tender in terms of both price and suitability to undertake the contracted works. A summary of the evaluation is presented in the attached assessment matrix. As all Tenders are from non-local companies the local price preference was not applicable to the assessment.

ATTACHMENT: 9.9.3(1)

All Tenderers that were in contention submitted reasonable offers, however the evaluation panel agreed that two companies, Engie Mechanical Services and Jako Industries, addressed the criteria more adequately than the others. Both companies have proposed the same equipment (make and model) to be installed within the same timeframe. The Tender Evaluation Panel members all agreed that the documentation of the Tender submitted by Jako Industries was of a marginally higher standard however, it was not a decisive enough comparison to justify the cost difference of $37,160 between the two Tender offers.

In recommending the award of the Tender to Council the Tender Evaluation Panel finds in favour of the Engie Mechanical Services Tender submission. The Tender price for this recommendation is $205,320 (excluding GST), which includes the additional works of supply and installation of a replacement heat exchanger at a cost of $37,270 (excluding GST).

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 require Tenders to be publicly invited for contracts exceeding $150,000 in value.

Policy / Strategic Implications:

These works relate to the Shire of Manjimup Strategic Community Plan 2019-2029 strategy ‘Our Infrastructure Strategy 4.3 – manage public assets prudently and in a financially sustainable manner'.

Organisational risk management:

Risk mitigation has been achieved by the following:

· An assessment panel consisting of four (4) members, including a mechanical services consultant, have all independently completed a Tender Assessment Matrix and summarised their findings;

· The Panel have recommended a Tender within the allocated project budget of $263,000; and

· Process overseen by the Probity Officer.

Financial Implications:

The recommended Tenderer’s proposal, valued at $205,320 (excluding GST), fits well within the allocated project budget of $263,000, comprising of $172,987 Australian Government Grant under the Local Roads and Community Infrastructure Program and $90,013 from the AquaCentre Building Reserve.

With an appropriate maintenance regime, the current and proposed plant equipment is expected to perform with a longevity of at least 15 years. The recent replacement of the pool heating units in 2019, the replacement of the HVAC and the replacement of the heat exchanger will conclude the foreseeable need for further replacements of AquaCentre plant assets during this time.

Sustainability:

Environmental: Reduce energy use, improve the climate conditions in the AquaCentre, and usage of a more environmentally friendly refrigerant gas replacing the current gas which no longer complies with the Australian Standards.

Economic: Energy savings through efficient conditioning of air cost, and increased longevity of the AquaCentre building and internal equipment.

Social: Suitable public areas support thriving communities.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award Tender RFT 05/20 Replacement Air Conditioning System AquaCentre and Supply and Installation of a new Pool Water Heat Exchanger to Engie Mechanical Services for a price of $205,320 (ex. GST), in accordance with their submitted Tender response.

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Eiby, W

28367

CARRIED: 10/0

Councillor Jenkins returned to the Chamber at 6.08pm.

PROPONENT	Director Community Services
OWNER	Whole of Shire
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F160966
LEGISLATION:	Various
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	4 January 2021
DECLARATION OF INTEREST:	Nil

Committee Recommendation	Officer’s Comment
That the Committee approve the adoption of the Plant Replacement Schedule 2021/2022.	Dealt with in the recommendations in this report to Council.