Minutes of Ordinary Council

· I attended the celebration of the life of Major General Michael Jefferies former Governor of WA and Australian Governor General at the invitation WA Governor Honourable Kim Beasley at Government House.

· I am advised that the Jazz in the Jarrah concert was a great success.

· The Basketball finals in Pemberton and Manjimup, according to Councillor Taylor were a great success.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr S Dawson Vidovich

Cr W Eiby

Cr D Jenkins

Cr K Lawrence

Cr K Skoss

Cr D Tapley

Cr R Taylor

Cr M Ventris

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Mrs Liz Lockyear (Acting Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Mr Jason Giadresco (Senior Governance Officer)

Gallery

Gavin Booth

David Coomer

Jocelyn Baister

David Pottinger

Alma Pottinger

3.1 Apologies: Nil

3.2 Leave Of Absence:

3.2.1 Councillor Jayde Darin was granted a Leave of Absence at the 17 December 2020 Council Meeting for this Council Meeting.

3.2.2 Councillor Cliff Winfield was granted a Leave of Absence at the 21 January 2021 Council Meeting for this Council Meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received Impartiality Interests from Councillors Omodei, Taylor and Jenkins and a Financial Interest from Councillor Taylor.

Councillor Omodei declared an Impartiality Interest in Item 9.1.2 as he is a member of the Southern Forests Food Council.

Councillor Jenkins declared an Impartiality Interest in Item 9.1.2 as she is a member of the Southern Forests Food Council.

Councillor Taylor declared an Impartiality Interest in Item 9.5.4 as he is related to the owner, and a Financial Interest in Items 9.5.1 as he is the leaseholder of Site 239 Windy Harbour and Item 9.1.2 as he is a member of the Southern Forests Food Council.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Gavin Booth - Re Proposed Change of Use (Restaurant and Small Bar) to Industry - Service at Lot 183 (5) Pritchard Street, Manjimup.

· Asked if Councillors had any questions for him regarding the item at Council.

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: Lawrence, K Seconded: Ventris, M

28413

That the Minutes of the Ordinary Meeting of the Council held on 4 March 2021 be confirmed.

CARRIED: 9/0

8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:

8.1 Notice of Motion - Proposed Draft Local Planning Scheme No 5 Provisions Relating to Industry - Extractive

PROPONENT	Cr Jenkins
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	All
ZONE:	Various
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F180072
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	11 March 2021
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held on 4 March 2021, Cr Jenkins advised of the following Notice of Motion in respective of the future provisions relating to Industry-Extractive to be included in Draft Local Planning Scheme No 5:

That Council request the Chief Executive Officer arrange for the provisions of draft Local Planning Scheme No 5 to modify the Scheme provisions relating to Industry – Extractive as follows:

a) Change the use class from an “A” use to a “D” use within the Priority and General Agriculture Zones; and

b) Introduce a clause relating to the Priority Agriculture and General Agriculture Zones to require the advertising of proposals for Industry – Extractive, only where the use does not comply with the minimum separation guidelines for Separation Distances between Industrial and Sensitive Land Uses as set out in the Environmental Protection Authority – Guidance for the Assessment of Environmental Factors June 2005 (as amended).

The purpose of this agenda item is to provide elected members with advice regarding the Notice of Motion and the potential provisions that could be considered for inclusion in the Shire of Manjimup’s Draft Local Planning Scheme No 5.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

In order to assist Council in considering the Notice of Motion, the following advice and comments are provided:

Land Use Definition

The provisions of Local Planning Scheme No 4 (the Scheme) define an Industry – Extractive as follows:

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

Land Use Permissibility

The Scheme identifies that Industry – Extractive is an “A” use within the Priority Agriculture, General Agriculture, Rural Small Holdings, Industry and Future Development Zones. An “A” use being a use that is “not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6”.

Industry-Extractive is a prohibited use in all other zones applied by the Scheme.

Requirements of Clause 9.6

In accordance with clause 9.6, the Scheme sets out the requirements the requirements for giving special notice (advertising) relating to applications for development approval.

These provisions are superseded, to the extent of any inconsistency, by the “Deemed to Apply Provisions for Local Planning Schemes” (Deemed to Apply provisions) as outlined in the Planning and Development (Local Planning Schemes) Regulations 2015. In accordance with clause 64 of the Deemed to Apply provisions, uses identified as “A” uses in the Zoning Table are required to be advertised for public comment for a period of 14 days, by doing any or all of the following as determined by the local government

(a) Publishing in accordance with clause 87-

(i) A notice of the proposed development in the form set out in Clause 86(3); and

(ii) The application for development approval; and

(iii) Any accompanying material in relation to the application that the local government considers should be published;

(b) Giving notice of the proposed development to owners and occupiers of properties in the vicinity of the development who, in the opinion of the local government, are likely to be affected by the granting of development approval;

(c) Erecting, in the manner and form approved by the Commission, a sign or signs in a conspicuous place on the land the subject of the application giving notice of the proposed development in the form set out in clause 86(3).

As detailed in clause 87 of the Deemed to Apply provisions, “publishing” of the notice must as a minimum involve publishing the document on the website of the local government or alternatively a “hyperlink to a webpage on which the document is published”. In accordance with clause 87(4) of the Deemed to Apply provisions, if “the local government considers that it is appropriate in the circumstances for the notice to be published in a newspaper, the local government must also ensure that the notice is published in a newspaper in the relevant locality in the local government district.”

Potentially Affected Properties

The Environmental Protection Authority (EPA) provides guidance to applicants and responsible authorities on the measures required to protect the amenity of sensitive land uses through the EPA Guidance Statement – Separation Distances between Industrial and Sensitive Land Uses dated June 2005. These guidelines are given effect through the provisions of the Western Australian Planning Commission Statement of Planning Policy 4.1 – State Industrial Buffer Policy.

As identified in the EPA guidelines, land uses considered to be potentially sensitive to emissions from industry and infrastructure include, but are not limited to residential developments, hotels, motels, caravan parks and schools and some commercial activities/premises which require a high level of amenity. The guidelines provide advice on generic separation distances to avoid or minimise the potential for land use conflict.

In terms of extractive industries, the guidelines recommend the following generic buffer distances from sensitive premises:

Industry	Description of Industry	Potential Impacts	Buffer
Extractive Industries – hard rock, darling scarp	Quarrying (including blasting), crushing and screening.	Noise, dust and risk.	1,000m
- not hard rock	Blasting, grinding and milling or separated by sieving, aeration etc.	Noise, dust and risk.	Case by case.
- no blasting conducted	Grinding and milling or separated by sieving, aeration etc.	Noise and dust.	Case by case.
- sand and limestone	No grinding or milling works.	Noise and dust.	300-500 depending on size.

As reflected within the EPA Guidelines, the generic buffers are a default distance, providing guidance on separation distances in the absence of site-specific technical studies. Where the separation distance is less than the generic distance, a site specific scientific based study is recommended to demonstrate that a lesser distance will not result in unacceptable impacts.

Current Advertising Practice

Currently Shire Officers undertake the advertising of planning applications, including proposals for Industry-Extractive, in accordance with Local Planning Policy No 6.1.2 – Advertising of Planning Applications. As prescribed within the Policy, applications for land uses classified as either an “A” class land use or “Use not listed” are advertised for a period of 21 days in the following manner:

a) Erection of a sign on site;

b) Correspondence to relevant government agencies;

c) Correspondence to adjacent and nearby landowners;

d) Advertisement in the Local Paper;

e) Listing on the Shire website; and

f) Advice to the Ward Councillor(s).

In reference to the extent of landowners, the Policy outlines that all landowners located within recommended buffer distances, as identified in the EPA Guidelines, shall be notified of the proposal.

Future Scheme Provisions

Shire Officers are currently working on the production of Draft Local Planning Scheme No 5. Given this, there is an opportunity for elected members to consider revising the current scheme provisions as they relate to Industry – Extractive. Potential changes could include:

- Changing the land use permissibility within identified zones; and

- Limiting the need for consultation where a site specific scientific study is submitted in support of an application.

With respect to a potential change in the land use permissibility within identified zones, land located within the Priority Agriculture and General Agriculture Zone are generally large parcels, with the Scheme requiring a minimum lot size of 40ha to 80ha. On such size properties there is the potential for required buffers to be wholly contained within the property and/or their impact on adjacent land to be minimised. Given this there may be merit to remove the requirement for all such proposals to be advertised under the future Scheme.

With respect to Rural Small Holdings, Industry and Future Development Zones, properties within these zones are, generally speaking, significantly smaller and therefore the ability to limit the impacts on adjacent land holdings is reduced. For this reason, it is recommended that the “A” land use permissibility be retained and all such applications be advertised for public comment.

Conclusion

As detailed above, there is potential for the future Scheme provisions to be modified to reduce the requirements for advertising of proposals for Industry-Extractive land uses. To do so, it will be necessary for the land use permissibility to be changed from an “A” use to a “D” use within the Priority and General Agriculture Zones.

Whilst Shire Officers do not object to the proposed change in land use permissibility, advertising of proposals that have potential to impact on adjacent sensitive land uses is still highly recommended. This requirement should in the opinion of Shire Officers only be waived where appropriate scientific studies are submitted in support of an application, demonstrating that detrimental impacts and/or land use impacts will not occur.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

A reduction in the level of advertising required in respect of land use proposals such as Industry-Extractive would be consistent with Community Goal 2.3 as identified in the Shire of Manjimup’s Strategic Community Plan 2019-2029, which states:

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

This must however be balanced against Community Goals 5.3 and 5.4, which state:

5.4 Community participation in decision is maximised.

5.5 The Shire communicates effectively with all its communities.

Continued consultation with landowners that may be impacted on by the operation of an Industry-Extractive is consistent with the recommendations of the Strategic Community Plan 2019-2029.

Organisational risk management:

There is a risk that landowners in the vicinity of an Industry-Extractive may be aggrieved if they are not made aware of such proposals through a public consultation process, resulting in an increased level of complaint once such uses are permitted.

Failing to consult with members of the community that may be impacted on by the operation of an Industry-Extractive could be considered to be contrary to Community Goals relating to effective consultation with the community as outlined within the Shire of Manjimup’s Strategic Community Plan 2019-2029.

Financial Implications:

The costs associated with processing an application for Industry-Extractive would be reduced for both the Shire and applicants if requirements for on-site signage and/or advertising within the local newspaper are removed.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: As per the comment under Organisational Risk Management section above.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Councillor jenkins Recommendation:

That Council Request the Chief Executive Officer arrange for the provisions of draft Local Planning Scheme No 5 to modify the Scheme provisions relating to Industry – Extractive as follows:

a) Change the use class from an “A” use to a “D” use within the Priority and General Agriculture Zones; and

COUNCIL RESOLUTION

Moved: Jenkins, D Seconded: Tapley, D

28414

That Council request the Chief Executive Officer arrange for the provisions of draft Local Planning Scheme No 5 to modify the Scheme provisions relating to Industry – Extractive as follows:

a) Change the use class from an “A” use to a “D” use within the Priority and General Agriculture Zones; and

MOTION carried 6/3

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

9. COUNCIL OFFICERS’ REPORTS:

9.1.1	Consideration of Submissions and Final Adoption of Shire of Manjimup Cat Local Law 2021
9.1.2	Request for Three Year Funding Extension from the Shire of Manjimup for the Southern Forests Food Council Inc.
9.2.1	Proposed Lease to Northcliffe Men's Shed Incorporated
9.3.1	Council Financial Payments February 2021 and Credit Card Payments January 2021
9.3.2	Local Government Compliance Audit Return 1 January 2020 to 31 December 2020
9.3.3	Monthly Financial Activity Statement - January 2021
9.5.1	Potential for Coastal Grants - Windy Harbour Settlement
9.5.2	Proposed Retrospective Application for Industry-Rural (Packing), a Wayside Stall and Barbeque Facilities and New Ablutions and Office at Lot 601 (745) Seven Day Road, Jardee
9.5.3	Proposed Change of Use (Restaurant and Small Bar) to Industry - Service at Lot 183 (5) Pritchard Street, Manjimup
9.5.4	Request for Reconsideration Proposed Advertising Device (Remote Sign) at Lot 8395 (1277) Balbarrup Road, Palgarup
9.5.5	Delegated Planning Decisions for February 2021
9.5.6	Proposed Outbuilding at Lease 309 Fishermans Place, Windy Harbour
9.7.1	Proposed Rescission of Policy 5.2.4 - Disabled Parking Bays Identification and Enforcement
9.9.1	Proposed New Policy 3.1.7 Manjimup Heritage Park Collections
9.15.1	Unconfirmed Minutes of the Audit Committee Meeting Held 4 March 2021
9.15.2	Unconfirmed Minutes of the Airfield Management Committee Meeting held on 24 February 2021
9.16.1	Unconfirmed Minutes of the Access & Inclusion Advisory Committee Meeting held 11 February 2021
9.16.2	Unconfirmed Minutes of the Manjimup Heritage Park Advisory Committee Meeting Held on 9 March 2021
9.16.3	Unconfirmed Meeting Minutes of the Northcliffe Town Activation Committee Meeting held on 2 March 2021
9.16.4	Minutes of the Northcliffe Town Hall Management Committee 7 September 2020 and Unconfirmed Minutes of 8 March 2021

ATTACHMENT

9.1.1 Consideration of Submissions and Final Adoption of Shire of Manjimup Cat Local Law 2021

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F170066
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	10 March 2021
DECLARATION OF INTEREST:	Nil

Background:

At its 17 December 2020 Ordinary Meeting, Council resolved (Resolution 28313) to request the Chief Executive Officer arrange for the preparation of a redrafted Cat Local Laws to apply within the Shire of Manjimup, and that the draft Local Law address a number of identified matters brought through undertaking requested by the Joint Standing Committee on Delegated Legislation (JSCDL).

Council considered the proposed draft Shire of Manjimup Cat Local Law 2021 (the Local Law) resolving:

“That Council:

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

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

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

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

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

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

5. Await a further report on the draft Local Law following the completion of the advertising period referred to in point 3 above. “

Council is now requested to consider Council’s final endorsement of the Shire of Manjimup Cat Local Law 2021 having regard to the submission received from Department of Local Government, Sport and Cultural Industries (DLGSC). A copy of the Shire of Manjimup Cat Local Law 2021, modified to address the submission received is attached.

ATTACHMENT: 9.1.1(1)

PUBLIC Consultation Undertaken:

A notice of the proposed Local Law was advertised in the West Australian newspaper and the Manjimup – Bridgetown Times inviting submissions over a 6-week period by 15 March 2021. A copy of the proposed Local Law was also made available to be viewed at the Shire Administration Centre, Depot, local public libraries and on the Shire’s website. The time limit for submissions complies with the provisions of the Local Government Act 1995.

No submissions from local residents were received. A submission on the proposed Local Law was received from the DLGSC. A copy of the submission is attached.

ATTACHMENT: 9.1.1(2)

COMMENT (Includes Options):

As reflected above, as part of the public consultation process, a copy of the proposed Local Law was referred to the DLGSC. All of the modifications recommended by the DLGSC related to minor edits to correct typographic errors. No major revisions are required to be made to the Local Law.

DLGSC also noted that clause 2.4(5)(b) will require Shire officers to provide written notice to enter a property and seize a cat and this will require Shire Officers to have the lawful authorisation to do so.

Although no specific adjustment of the Local Law is required, it is worth noting that Shire Rangers are “Authorised Persons” for the purposes of the Cat Act 2011 (the Act) and have been delegated authority from the Chief Executive Officer to action the provisions of the Act. This includes the ability to lawfully enter private property and seize a cat subject to meeting the provisions of Sections 32 and 51 of the Act as outlined in the submission.

Local Law Procedure

All proposed Local Laws are required to be legislated in accordance with the following procedure;

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

If at any stage during this process the Local Government alters a local law significantly from what was originally proposed the process must recommence from the beginning. The minor changes recommended by the DLGSC are not considered by the Shire to be significant enough to warrant recommencing the process.

In the even Council determines to approve this Local Law by absolute majority, Shire Officers will then schedule to have the Local Law published in the Government Gazette and provide state and local public notice of the law coming into effect.

A copy will then be forwarded to the JSCDL for consideration.

Following the gazettal of the Local Law, it will come into effect 2 weeks after the date of gazettal.

STATUTORY ENVIRONMENT:

Local Government Act 1995 sections 3.12 to 3.17 provide the process to adopt a new local law and to repeal an existing local law.

Policy / Strategic Implications:

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

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

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

C15. Manage domestic animals and livestock to ensure the safety of both the animal and the community.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Cats have the potential to be dangerous to native wildlife and also have health implication if not controlled appropriately with Cat Prohibited areas and the controlling of cats.

Economic: Nil.

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

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Notes the submission received from the Department of Local Government, Sport and Cultural Industries to the draft Shire of Manjimup Cat Local Law 2021 as provided at Attachment 9.1.1(2); and

2. Adopts the Shire of Manjimup Cat Local Law 2021 as modified in accordance with section 3.12 of the Local Government Act 1995 and contained at Attachment 9.1.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28415

That Council:

2. Adopts the Shire of Manjimup Cat Local Law 2021 as modified in accordance with section 3.12 of the Local Government Act 1995 and contained at Attachment 9.1.1(1).

CARRIED: 9/0

Councillor Taylor declared a Financial Interest in this Item as he is a member of the Southern Forests Food Council. Councillor Taylor did not speak or vote on the matter and left the Chamber at 5.47pm.

Councillors Omodei and Jenkins declared an Impartiality Interest in this Item as Councillors Omodei and Jenkins are members of the Southern Forests Food Council. Councillor Omodei and Jenkins declared that they would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.1.2 Request for Three Year Funding Extension from the Shire of Manjimup for the Southern Forests Food Council Inc.

PROPONENT	Southern Forests Food Council Inc.
OWNER	Southern Forests Food Council Inc.
LOCATION / ADDRESS:	Pt Lot 875 Reserve 43342, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160285
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	9 March 2021
DECLARATION OF INTEREST:	The CEO is a Shire of Manjimup representative on the Southern Forests Food Council Project Management Committee overseeing the grant agreement between the Southern Forest Food Council and the State of Western Australia.

Background:

The Southern Forests Food Council Inc. approached the Chief Executive Officer with a request to continue Shire of Manjimup (Shire) funding toward the operation of the Southern Forests Food Council Inc. beyond 30 June 2021. A copy of a request is attached.

ATTACHMENT: 9.1.2(1)

A copy of the Southern Forests Food Council Inc. 2019/20 Annual Report is also attached for information.

ATTACHMENT: 9.1.2(2)

The purpose of this report is for Council to consider the request from the Southern Forests Food Council Inc. for the Shire to continue with funding of $25,000 (ex GST) per year for the additional three financial years being 2021/22, 2022/23 and 2023/24.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

With the existing Southern Forests Food Council Inc. State funding due to cease as of 30 June 2021, the Board and executive have been working hard on creating a more sustainable body with the objective of being capable of self-funded operation. Whilst this objective is not yet achievable, major steps have been introduced to dramatically change the way the Southern Forests Food Council Inc. does business.

Both the Chief Executive Officer and Councillor Cliff Winfield sit on the Project Management Committee overseeing the grant agreement between the State and the Southern Forests Food Council. It should be acknowledged that in recent years the Board of the Southern Forests Food Council has been refreshed and a deliberate focus has been directed toward sustainability. In addition to the above, Council has recently entered into a medium term lease with the Southern Forests Food Council Inc. to occupy the Old Railway building in Johnston Crescent, Manjimup in preparation for the cessation of current State funding.

On the basis of the agricultural marketing and promotion benefits provided to the district from the Southern Forests Food Council it is recommended that Council agrees to additional funding for a further three years as requested.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

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

“B4. Support sustainable agricultural expansion, value-adding and downstream processing, research and development, culinary and agri-tourism, land protections, and continued support for the Southern Forests Food Council.”

Organisational risk management:

There is a real risk that the Southern Forests Food Council will not be able to operate beyond 30 June 2021 if Shire funding is not available. If this was to occur the promotion and marketing of produce from the Genuinely Southern Forests region is likely to significantly diminish.

Financial Implications:

Since the inception of the Southern Forests Food Council approximately seven years ago, the Shire has contributed $25,000 each year to the incorporated body. If approved the request will extend this funding for an additional three years being 2021/22, 2022/23 and 2023/24.

The previous and current funding has been sourced from funds contained within the Shire’s marketing budget. A continuation of the funding would mean that no additional funds above the 2020/21 budget allocation would need to be raised in 2021/22.

Sustainability:

Environmental: Nil.

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

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

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council agree to contribute $25,000 (ex GST) per year to the Southern Forests Food Council Inc. for the 2021/22, 2022/23 and 2023/24 financial years.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Eiby, W

28416

That Council agree to contribute $25,000 (ex GST) per year to the Southern Forests Food Council Inc. for the 2021/22, 2022/23 and 2023/24 financial years.

CARRIED: 8/0

ATTACHMENT

9.3.1 Council Financial Payments February 2021 and Credit Card Payments January 2021

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:	3 March 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 credit card payments totalling $7,190.80 for the month of January 2021 and accounts for payment totalling $1,116,407.24 for the month of February 2021 are listed below and in the attachment.

ATTACHMENT: 9.3.1(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 25 March 2021.

Fund	Vouchers	Amount
Municipal	94625 - 94644	$95,112.57
Trust Fund	-	$0.00
Total Cheques for Month of February 2021		$95,112.57

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 25 March 2021.

Fund	Batch	Amount
Municipal	112 - 117	$1,017,143.76
Total EFT for Month of February 2021		$1,017,143.76

Corporate Credit Card Transactions 23 November – 20 December 2020 (Paid 5 January 2021) - Municipal Account

8.1101	IP Australia Trade Mark Renewal	$400.00
6.1346	Apple R386 Perth City Apple iPhone screen protector - CEO	$49.95
6.1266	JBHiFi.com.au MSI Modern laptop for CEO – Salary Sacrifice	$1,652.33
6.1101	Top Deck Café Lunch meeting – CEO & South Ward Councillor	$34.00
6.1101	Pay.ecu.edu.au Parking Joondalup Parking for CEO – Perth meeting	$6.00
4.1221	Adobe Creative Cloud Monthly subscription for PRO to design documents	$79.29
569.1299	Frasers Perth 1x night accommodation DDR to attend awards night	$199.96
569.1299	Wilson Parking WA02 Parking for awards night in Perth	$8.10
569.1299	Frasers Perth 1x night accommodation CSP to attend awards night	$197.00
2.1186	Target Online 18x Plastic & Glass containers	$94.50
Various	Westnet Internet services 1/12/20 – 01/01/21	$219.89
3.1300	Coles Manjimup 3x $250, 2x $50 & 4x $100 gift cards – Staff Awards	$1,250.00
2.1184	The Cherry Box 1x Food platter for council dinner	$15.00
575.1675	Woolworths Manjimup Items for Heritage Park Advisory Committee – 15yr celebration/Thank you BBQ	$75.24
575.1675	Manji Meat Mart Pty Ltd Meat for Heritage Park Advisory Committee – 15yr celebration/Thank you BBQ	$46.53
575.1675	Coles Manjimup Items for Heritage Park Advisory Committee – 15yr celebration/Thank you BBQ	$17.00
2.1189	GPR Hotels Pty Ltd Reservation cancellation Cr Darin WA Regional Awards	-$94.00
665.1164	Quality Packaging Supplies 1x roll cell-air foam	$205.96
665.1164	WIS Blackwoods Rubber insertion roll	$414.81
575.1101	Woolworths Manjimup Items for Community Services Development day ST:6	$23.50
575.1101	Coles Manjimup Items for Community Services Development day ST:6	$17.15
677.1094 677.1162	BigW Online New book purchases for Shire Libraries	$336.90
677.1094 677.1682	Booktopia Pty Ltd New book purchases for Shire Libraries	$853.13
575.1101	Amazon AU Unknown transaction	$11.16
677.1094	Sanity Web Store New DVD purchases for Shire Libraries	$852.72
677.1094 677.1682	Amazon Mktplc AU New book for Shire Libraries	$21.90
677.1094 677.1682	Amazon Mktplc AU New book for Shire Libraries	$44.80
575.1101	Anaconda 5x Gazebo Leg Weight (twin packs)	$124.95
677.1094	Amazon Mktplc AU New book for Shire Libraries	$33.03
Total Credit Card Payments		$7,190.80

Corporate Credit Card Transactions 21 December – 20 January 2021 (Paid 2 February 2021) - Municipal Account

571.1097	Uccello 2x easy use kettles for club	$220.00
573.1494	SP * Caring Clothing 2x adult non-slip ankle socks for HCP Client	$45.90
666.1033	Woolworths Manjimup Various cleaning products for museum	$48.15
573.1494	AIMS Medical Supplies 15x Sterile suction tubing	$51.15
573.1494	AIMS Medical Supplies Freight	$13.70
575.1101	SQ *Southern Roasting Co Refreshments for Community Services Managers Meeting ST:3	$15.50
14.1317	CBT Nuggets LLC IT Training Online 15/1/21 to 15/1/22	$1,800.18
Various	Westnet Internet services 1/1/21 – 1/2/21	$274.89
6.1392	Company Directors Australian Institute of Company Directors Membership to 31 Dec 2021	$687.50
4.1221	Adobe Creative Cloud Monthly subscription for PRO to design documents	$79.29
6.1392	Economic Development Australia Membership 24/1/21 – 23/1/22	$440.00
570.1376	The Lister Specialist Bayswater 2mtrs leak off fuel hose & 7x T Pieces – Windy Harbour water pumps	$62.15
687.1294	Invarion RapidPlan P/L Software licence renewal	$412.50
Total Credit Card Payments		$4,150.91

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 credit card payments for January 2021 for $7,190.80 as listed, and February 2021 payments totalling $1,116,407.24 as detailed in Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Taylor, R

28418

That Council receive the credit card payments for January 2021 for $7,190.80 as listed, and February 2021 payments totalling $1,116,407.24 as detailed in Attachment: 9.3.1(1).

CARRIED: 9/0

ATTACHMENT

9.3.2 Local Government Compliance Audit Return 1 January 2020 to 31 December 2020

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F170049
LEGISLATION:	Local Government Act 1995
AUTHOR:	Craig Martyn
DATE OF REPORT:	2 March 2021
DECLARATION OF INTEREST:	Nil

Background:

Each Local Government is required to carry out a Compliance Audit Return (CAR) for the period 1 January 2020 to 31 December 2020.

The CAR is a tool for local governments’ to self-assess their compliance with the Local Government Act 1995 and its subsequent regulations, with the results reported to the Department of Local Government, Sport and Cultural Industries (DLGSCI).

Regulation 14 of the Local Government (Audit) Regulations 1996 requires the local government’s Audit Committee review the CAR and report the results to the Council, prior to adoption by Council and submission to DLGSCI by 31 March 2021. On the 4 March 2021 the Shire of Manjimup Audit Committee were presented with and endorsed the findings contained within the CAR. The minutes of that meeting will be presented as a separate item.

A copy of the CAR for the Shire of Manjimup for the period 1 January 2020 to 31 December 2020 is attached.

ATTACHMENT: 9.3.2 (1)

The purpose of this agenda item is to adopt the 2020 Compliance Audit Return.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The 2020 CAR was available to local governments in January 2021 via the DLGSCI communication portal, Smart Hub. The various questions are distributed amongst relevant staff with their responses collated to form the 2020 CAR.

The 2020 CAR contained 102 items, including 10 optional questions, with two items of non-compliance, or 98% compliance.

Below is a table showing what parts of the Local Government Act 1995 are tested and the results thereon;

	2019 Compliance Return		2020 Compliance Return
Section	Number of Items	Number of Non-Compliant Items	Number of Items	Number of Non-Compliant Items
Commercial Enterprises by Local Government	5	0	5	0
Delegation of Power/Duty	13	0	13	0
Disclosure of Interest	19	0	21	0
Disposal of Property	2	0	2	0
Elections	2	0	3	0
Finance	14	0	11	1
Integrated Planning and Reporting	7	0	3	0
Local Government Employees	5	0	6	0
Official Conduct	6	0	4	0
Optional Questions	4	0	10	1
Tenders for Providing Goods and Services	27	1	24	0
Totals	104	1	102	2
% non-compliance		1%		2%

The items of non-compliance occurred in the sections Finance and Optional Questions.

The question “Was the auditor’s report for the financial year ended 30 June 2020 received by the local government by 31 December 2020?” was considered non-compliant in the Finance Section.

The Office of the Auditor General took over the responsibility of auditing the Shire of Manjimup’s accounts for the 2019/20 financial year. Whilst the physical on-site audit was contracted to AMD (the Shire’s previous auditor), the level of scrutiny appears to have increased. This coupled with significant changes to the Australian Accounting Standards and the late adoption of changes to the Local Government (Financial Management) Regulations 1996 affecting the 2019/20 financial year, has resulted in the amount of time and effort taken to complete an audit to increase substantially.

To add to the audit report delay, the travel restrictions imposed due the COVID-19 pandemic and unforeseeable staffing shortages at AMD forced the on-site audit to be delayed from 14-16 October 2020 to 27-29 January 2021.

At the time of writing this item, the auditor’s report is still in the hands of AMD. They are collating their findings for presentation to the Office of the Auditor General. It is anticipated the auditor’s report will not be ready until late March / early April.

The question “By 30 September 2020, did the local government submit to its auditor the balanced accounts and annual financial report for the year ending 30 June 2020?” was also considered non-compliant in the Optional Questions section.

Similar to the explanation above, significant changes to the accounting standards and the adoption of changes to the Local Government (Financial Management) Regulation 1996 in November 2020 that had a direct impact on the 2019/20 annual financial reports resulted in the reports not being presented to the auditors until January 2021.

A request to the DLGSCI seeking and extension of time to submit the 2019/20 Annual Financial Report was approved until the 31 October 2020, however subsequent requests for further extension were declined. It should be noted that if the Annual Financial Report was provided to the auditor by the 31 October 2020, they would need subsequent amendment to comply with the changes to the Local Government (Financial Management) Regulations 1996 documented on 7 November 2020.

The 2020 CAR is required to be certified by the Shire President and the Chief Executive Officer then lodged with the DLGSCI by the 31 March 2020.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

The Local Government CAR is a mechanism designed to provide the Department responsible for Local Government with confidence that Local Governments are operating in accordance with the provisions of the Local Government Act 1995. As a result the Shire of Manjimup should look at the outcome of the audit as a critical indicative assessment of statutory performance across the defined period.

Organisational risk management:

The function of the CAR is to identify areas of non-compliance with high risk areas of the Local Government Act 1995 being tested.

Financial Implications:

Costs associated with the completion of the 2020 CAR have be met within operational funding.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The CAR demonstrates a high level of compliance for the Shire of Manjimup. Good governance is expected by the community and is being delivered by Council.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the 2020 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2020 to 31 December 2020 as provided in attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Ventris, M

28419

That Council adopt the 2020 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2020 to 31 December 2020 as provided in attachment: 9.3.2(1).

CARRIED: 9/0

ATTACHMENT

9.3.3 Monthly Financial Activity Statement - January 2021

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:	12 March 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 31 December 2020 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.3 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 January 2021 is a projected loss of $68,216.

The moderate 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.

To date there have been some moderate issues both in the positive and in the negative. Some specific areas of income that are heavily influencing the projected loss position in a negative way are Interest Received $60,000 and Power Up Museum income projected to be $65,000.

Interest Received has been spoken about in previous reports however an issue regarding the level of income at the Power Up Museum has slowly emerged and if current trends continue, will need to be offset by savings in other areas. The reduced entry income has been influenced by multiple State directed closures, and experience based tourism is suffering across the State, as this type, like the Power Up, are predominately supported by international and interstate tourist. The Heritage Park has been well supported by intrastate tourist during the border closure period, with the carpark full most weekends, however this hasn’t seen an increase in Museum entries. Shire Officers have looked to reduce expenditure to help offset some of the loss however this budget will need to be monitored and well managed for the remaining 5 months of the year.

A key area driving extra income to the Shire, are development based fees for both Building and Planning, both expected to exceed budget with a projection of $94,000 combined. Whilst this is a positive windfall financially and it demonstrates that elements of the Shire’s economy is buoyant, it does mean a considerable amount of extra work for the departments involved in processing the applications.

As spoken about in the previous report Storm Damage continues as a moderate issue heading towards 30 June 2021. At the end of January the Works Storm Damage account was 133% expended being $169,843 spent from a $127,185 budget. It is expected that this account will exceed budget as clean-up is still taking place from previous storms, however typically if timesheet staff are working on storm damage then other accounts like Road Maintenance will be under budget. This account will continue to be monitored closely going forward.

In summary, pressure is beginning to build on the Shire’s end of year position, a projected loss of $68,216 is manageable through savings in other areas, however if any more budget issues arise, adjustments will be required to offset the losses so as not to influence the 2021/22 budget process with a possible carry forward loss.

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 January 2021 as per Attachment: 9.3.3(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Taylor, R

28420

That Council receive the Monthly Financial Activity Statement Report for January 2021 as per Attachment: 9.3.3(1).

CARRIED: 9/0

Councillor Taylor declared a Financial Interest in this Item as he the leaseholder of Site 239 Windy Harbour. Councillor Taylor did not speak or vote on the matter and left the Chamber at 5.57pm.

ATTACHMENT

9.5.1 Potential for Coastal Grants - Windy Harbour Settlement

PROPONENT	Shire of Manjimup
OWNER	Crown Land
LOCATION / ADDRESS:	Windy Harbour Settlement
WARD:	Coastal and South
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160187
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	17 February 2021
DECLARATION OF INTEREST:	Nil

Background:

The State Government is currently calling for grant applications under three separate programs as described below. Copies of the guidelines for each grant program are attached.

As a Local Government, the Shire of Manjimup is invited to apply for up to 50% of the total costs associated with eligible projects. As each of the available grant funds require the applicant to provide 50% towards the costs of projects, Council is requested to consider allocating funds from the coming 2021/22 annual budget.

Coastal Adaption and Protection (CAP) Grants

Open to local governments along with other organisations, the Department of Transport CAP Grants are available for coastal projects such as Coastal Monitoring, Investigation, Asset Management, Coastal Adaptation and Maintenance Works. The minimum CAP grant of $10,000 (ex GST) applies, with a maximum CAP grant limit of $300,000.

ATTACHMENT: 9.5.1(1)

Coastwest Grants

Local Governments and other organisations are invited to apply for granted of $5,000 to $60,000 of the total cost of projects that relate to implementation of coastal plans and strategies, encourage and support coastal management actions that reduce exposure to coastal hazards, maintenance of recreational amenity and provision of public access to the coast.

ATTACHMENT: 9.5.1(2)

Coastal Management Plan Assistance Program (CMPAP)

CMPAP will fund up to 50% of total cost of preparing a Coastal Hazard Risk Management and Adaptation Plan (CHRMAP), implementing actions of an adopted CHRMAP, review of a CHRMAP a coastal strategy or coastal management plan. Projects that propose effective planning over coastal erosion hotspots or watchlist sites will be favourably considered. Grant limits of between $50,000 and $125,000 apply depending on the type of project to be undertaken.

ATTACHMENT: 9.5.1(3)

With Windy Harbour being identified by the State as a Coastal Erosion Hotspot, the Shire has been encouraged to apply for grant funding to complete a CHRMAP. Further information regarding the grants for which the Shire may be eligible is provided within the comment section. Applications for each grant program close on 31 March 2021.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Windy Harbour settlement comprises two lots being Lot 12439 and 13304 which from “A” class Crown Reserve 38881. The reserve, which has a total area of 193.7315ha extends to the low water mark and has a coastal frontage of approximately 3.5km. Access to the coast is provided by formal and informal walkways and the Windy Harbour Boat Ramp.

A Management Plan is in place for the settlement, being the Windy Harbour Management Plan 2007-2017, which is due for review. In accordance with Plan Statement No 1, the vision for the reserve is:

“To manage Windy Harbour as a district and regional coastal holiday and recreation destination, while recognising limited servicing, strong community associations, cultural heritage, specific character and environmental context.”

As reflected within the Plan, the settlement has three primary functions as a day recreation centre, a District holiday and recreation destination and as a Regional tourist centre. The plan identifies that the settlement needs to cater for increased visitor numbers. Strategic Plan Statements contained within the Management Plan that are relative to the issue of coastal management are:

Plan Statement 14 – Infrastructure (Roads and Access)

Point G within this Statement outlines that Council will investigate, in consultation with the community, means to improve pedestrian safety in the vicinity of “The Cut” and also access points to the eastern portion of the reserve.

This recommendation is currently outstanding. Detailed examination of the issues along with preparation of an appropriate design(s) is required by a suitably qualified coastal engineer.

Plan Statement 15 - Infrastructure (Parking)

Detailed plans will be prepared showing the formalised use of, and possible extensions to the areas of existing car parking facilities in the vicinity of “The Cut” and the boat ramp to be implemented as and when funding is available and this will be subject to community consultation.

Whilst parking designs have subsequently been prepared and implemented for the boat ramp, parking facilities are yet to be designed for the area adjacent to “The Cut”. The current grant funding on offer is not applicable to the construction of such infrastructure.

Plan Statement 33 – Use of Nelson Location 13304

Recommendation C states that “Consideration will be given to the development of a second 2wd access to the beach through this area connecting the track to the Gardiner River with Windy Harbour Road, with construction and maintenance responsibility lying with the Department of Environment and Conservation.”

Although the management plan indicates that construction and maintenance responsibility will rest with what is now the Department of Biodiversity, Conservation and Attractions, further work on the location of the second access and a preliminary design, together with public consultation could be eligible for funding.

By completing a CHRMAP, there is potential for the Shire to access additional grant funds under the Coastal Adaption and Protection (CAP) and Coastwest Grant programs. Access to this funding will substantially reduce the costs to be met by the Shire for works to address coastal issues impacting on the settlement. This would include works associated with, for example, closing The Cut to vehicles and completing any associated rehabilitation works.

STATUTORY ENVIRONMENT:

As identified in the comment section above, the Shire of Manjimup holds the Management Orders for the Windy Harbour Settlement under the Land Administration Act 1997.

Policy / Strategic Implications:

The preparation of appropriate management plans for land under the care and control of the Shire, having regard to the impacts and associated threats associated with coastal processes and the environmental values of those reserves is consistent with the following Community Goals as identified within the Shire of Manjimup Strategic Community Plan 2019-2029:

1.1 Natural landscapes, habitats and resources are sustainably managed for the benefit of existing and future generations; and

1.4 Potential climate change impacts are anticipated and responded to.

The allocation of $50,000 from the Windy Harbour Management Reserve Fund in 2021/22 is consistent with the recommendations of the Shire of Manjimup Corporate Business Plan 2020-2024.

Organisational risk management:

Completion of Coastal Hazard Risk Management and Adaptation Plans (CHRMAP’s) for the Windy Harbour Settlement will inform future development of the settlement and management of the risks associated with coastal processes.

Financial Implications:

Should Council wish to proceed with the applications for grant funding, there will be a need for the Shire to contribute a minimum of 50% of the total project cost. One possible source of funding would be the Windy Harbour Infrastructure Reserve Account (the Reserve Account). It is estimated that the cost of preparing a CHRMAP will be $100,000.

Each year, lease fees associated with the holiday cottages in the Windy Harbour Settlement ($70,705) are transferred to the Reserve Account. In accordance with the adopted 2020/21 budget, $250,774 is to be transferred from the Reserve Account for the purpose of improvements to the Camping Ground and Water Supply infrastructure.

At the Ordinary Meeting of Council held on 15 October 2020, Council resolved to increase the transfer by $10,000 to facilitate additional weed control works within the settlement. In accordance with the Council resolution, an additional $10,000 is to be transferred from the Reserve Account for the purposes of additional weed control within the settlement.

Having regard to the above, the Reserve Account is projected to have a balance of $582,768 at the end of the 2020/21 financial year.

In terms of pre-committing $50,000 towards the preparation of a CHRMAP within the 2021/22 financial year, this cost and the $10,000 for weed control will be offset by the lease fees raised next financial year, ensuring that the total funds available for infrastructure improvements is not reduced in 2021/22.

Sustainability:

Environmental: As per Comment section above.

Economic: As per Financial Implications section.

Social: As per Comment section above.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Support an application being lodged for $50,000 grant funding towards the preparation of a Coastal Hazard Risk Management and Adaptation Plan for the Windy Harbour Settlement, having an anticipated total of $100,000.

2. Subject to the grant application referred to in Point 1 above being successful, consider the transfer of $50,000 from the Windy Harbour Infrastructure Reserve Account as the Shire of Manjimup’s 50% contribution towards preparation of the plan as part of the 2021/22 annual budget.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

28421

That Council:

CARRIED: 8/0

Councillor Taylor returned to the Chamber at 5.58pm.

ATTACHMENT

9.5.2 Proposed Retrospective Application for Industry-Rural (Packing), a Wayside Stall and Barbeque Facilities and New Ablutions and Office at Lot 601 (745) Seven Day Road, Jardee

PROPONENT	Tecon Pty Ltd
OWNER	Mr A N Fontanini
LOCATION / ADDRESS:	Lot 601 (745) Seven Day Road, Jardee
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/246 P54422
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	9 March 2021
DECLARATION OF INTEREST:	Nil

Background:

Lot 601 Seven Day Road, Jardee is 65.1 hectares in area located on the southern side of Seven Day Road, approximately 7km from the South Western Highway. Development of the property is associated with existing horticultural activities and consists of a produce packing facility, two dwellings, and a number of sheds. A location plan is provided below.

LOCATION PLAN

Shire records indicate that a building permit was granted for a warehouse in 1992 and 1996 and other sheds and extensions have been approved since 1984. It was however brought to the attention of the Shire that the warehouse/packing shed had progressively increased in area, from an approved area of approximately 1,235m² to 4,164m².

There has also been a number of other structures constructed without Shire’s prior planning or building approvals between 1996 and 2018. The breach of the requirement for prior planning approval to be obtained is considered significant given that some 2,929m² of warehouse/packing shed has been constructed in contravention of the Scheme requirements.

As a result, the applicant is seeking retrospective planning approval for the increase in intensity to Industry – Rural premises, a Wayside Stall and Barbeque facilities plus approval for the development of a new staff amenities and office building to replace the current facilities. A copy of the proposal and plans are attached.

ATTACHMENT: 9.5.2(1)

Council is requested to determine the application given the retrospective nature of the proposal and as Shire Officers do not have the delegated authority to determine an ‘A’ land use unless the development is a minor expansion to an existing use.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No.4 (the Scheme) for a 21 day period to adjoining land owners. A notice was placed on the Shire’s website, in the local paper, a sign was placed on site and advice of the application was forwarded to the Ward Councillors.

The application was also referred to the Department of Water and Environmental Regulation (DWER). Submissions closed on the 10 March 2021. Only one submission was received being from DWER who provided no objection to the proposal. A copy of the DWER submission is attached.

ATTACHMENT: 9.5.2(2)

COMMENT (Includes Options):

The subject property is zoned Priority Agriculture by the Scheme and is located within Special Control Area 1 – Lefroy Brook Catchment Area. The purpose of the zone as outlined in Clause 4.2 is to provide for intensive agricultural and horticultural production where water resources exist, while the objectives encourage value adding opportunities to agricultural products at the source.

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; and

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

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

Land Use Classification

The expansion to the existing facility is consistent with the land use classification of ‘Industry – Rural’, being either “an industry handling, treating, processing or packing rural products; or a workshop servicing plant or equipment used for rural purposes”.

The application as submitted includes reference to tourism activities including sale of produce, self-pick and onsite barbeque facilities. The sale of produce is consistent with the land use classification of ‘Wayside Stall’ being “a building situated on private land which offers for sale to the general public produce or any commodity which is produced on the land upon which the buildings are located.”

The associated tourism activities including tours, self picking and the barbeque facilities are secondary to the horticultural activities and wayside stall.

In terms of the proposed new ablutions and office facilities, these uses are considered incidental to the use of the property as an orchard with warehouse/packing shed and the associated tourist activities.

Land Use Permissibility

An Industry – Rural and Wayside Stall are both an ‘A’ use within the Priority Agricultural Zone. That is they are uses that are “not permitted unless the local government has exercised its discretion by granting approval after giving special notice in accordance with Clause 9.6.”

In terms of permissibility, the tourism activities are considered to be incidental to the primary activities being undertaken on-site.

Consistency with Zoning

The proposed expansion to the Industry-Rural and Wayside Stall are considered to meet the objectives of the zone as it is associated with an intensive horticultural production and allows for packing within close proximity to the growing of produce, reducing the negative impacts of transport.

Special Control Area 1 – Lefroy Brook Catchment Area

In determining development proposals within Special Control Areas, the local government will have due regard to land use compatibility tables for Public Drinking Water Supply Areas by DWER. In accordance with clause 6.2.2 of the Scheme, the Shire is required to refer any development proposal, which involves the following activities to DWER for advice prior to determination:

i. Potential for increased nutrient loading, in particular point of source for nutrients, e.g. poultry farm, piggery;

ii. Application of fertilisers and pesticides;

iii. Storage of chemicals, fuels and other potentially polluting substances;

iv. Substantial increase in run-off; and

v. Any other impact, which the local government considers could have an impact on the quality of public drinking water.

As discussed above, the proposal was referred to DWER, who have confirmed that they have no objections or comments to make given that there is no onsite processing.

Parking Requirements

Although Industry-Rural is not listed as a use in Table 2: Car Parking Requirements, it is reasonable to assume that the parking requirements would be similar to Industry – General being 1 car bay per 100m².

With the addition of 2,929m² of floor space, the additional parking requirements would be 30 bays. The applicant has provided a site plan which proposes to formalise parking bays on the property and introduce 46 bays. This will cater for the permanent workforce of 8 employees, additional seasonal workforce, tourism activities and customers.

In accordance with clause 5.17.9 of the Scheme, except as otherwise approved by Council, all parking bays and the associated accessways are required to be constructed with a sealed surface comprising bitumen seal, concrete, brick paving or pea-gravel seal on a compacted gravel base with satisfactory:

(i) Drainage to a sump and connected to the local governments main drain system;

(ii) Surface lines being marked out to show the manner in which the parking is to be used; and

(iii) Landscaping where large parking areas are involved to effectively screen the paved area from view from the street and within the parking area to provide shade.

In this case, access to the main development is provided by a bitumen seal and some parking is provided for on concrete aprons associated with the main building, the balance of the parking and associated accessways are constructed of pea gravel. Although formalising of the parking and line marking is recommended in accordance with the scheme, given the size of the property, the fact the majority of the land consists of orchard and there is no drainage systems in the area, formal drainage systems and landscaping are not recommended.

It is recommended that the existing bitumen seal should be extended and line marking provided for parking bays and accessways located in close proximity to the warehouse/packing shed, particularly for that are between the newly proposed ablutions and the BBQ facilities. This is due to the fact that as a tourist operation, the business attracts a range of customers, including persons who may be walking impaired and there is need to miminise loose surface material in this area. Appropriate conditions of approval are recommended to address this.

Retrospective Application

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 granted.

Potential for Legal Action

In accordance with the provisions of the Planning and Development Act 2005, a modified penalty may be issued ‘in lieu’ of a formal prosecution for a breach of the Scheme. In this case, given the significant level of development undertaken without prior approval, the use of a modified penalty is not considered appropriate and it is recommended that legal action be commenced against the landowners for a breach of Local Planning Scheme No 4.

Conclusion

The application is considered compliant with the Scheme and conditional approval is therefore recommended. Legal action is also recommended given that some 2,929m² of development has occurred without any form of approval from the local government.

STATUTORY ENVIRONMENT:

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

In accordance with Part 8 – Development of Land of the Scheme, the Shire’s prior planning approval is required to be obtained unless the development is identified as ‘Permitted Development under clause 8.4. Given that the subject intensification of land use within the premises commenced without a valid approval, the land uses have been undertaken in breach of Part 8 of the Scheme.

Having regard to the following matters, it is recommended that legal action be commenced for a breach of the Scheme:

a) The landowners have completed substantial extensions to the warehouse resulting in intensification of an Industry – Rural land use;

b) The landowners have commenced a Wayside Stall selling produce to the public; and

c) The land uses have been operating without formal car parking spaces constructed in accordance with clause 5.17 of the Scheme.

Policy / Strategic Implications:

The expansion to Industry-Rural, Wayside Stall and proposed incidental staff facilities will assist the Shire in achieving Strategy B4 and B12 of the Strategic Community Plan 2019-2029 being:

B4. Support sustainable agricultural expansion, value-adding and downstream processing, research and development, culinary and agri-tourism, land protections, and continued support for the Southern Forests Food Council.

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

Organisational risk management:

There has been a noticeable increase in the level of unauthorised development within the Shire. This has been reflected in the number of applications referred to Council for retrospective approval. It is considered that failure to take action for unauthorised development of this scale could set an undesirable precedence and unrealistic expectations within the community.

Financial Implications:

The required retrospective application fee has been paid by the applicant. Any costs associated with legal action for a breach of Local Planning Scheme No. 4, will be sourced from within the Shire’s annual adopted budget the awarding of costs with be sought should the legal action be successful.

Sustainability:

Environmental: Nil.

Economic: The proposed development will facilitate the increase in business operations and help grow the local economy by providing additional employment.

Social: The proposal will create additional employment across primary industries in the Shire of Manjimup. It is expected the creation of employment will ‘flow-on’ in various capacities to other businesses located within the Shire.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. In accordance with Clause 8.6 and Part 10 of Shire of Manjimup Local Planning Scheme No.4, grants retrospective planning approval for the extension to Industry – Rural (Packing Shed), Wayside Stall and Barbeque Facilities and the newly proposed ablutions and staff amenities located at Lot 601 (745) Seven Day Road, Jardee (Application TP 2/2021) in accordance with the plans and specifications attached at Attachment 9.5.2(1) and subject to the following conditions:

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

Reference	Document Title	Date Received
Page 1 of 7	Location Plan	4 February 2021
Page 3 of 7	Existing Structures Floor Plan	4 February 2021
Page 4 of 7	Elevations	4 February 2021
Page 6 of 7	Site Plan	4 February 2021
Page 7 of 7	Concept Plans Staff Amenities	4 February 2021

b) Within 90 days of the date of this approval, the area set aside for the parking of vehicles (46 parking spaces), together with the associated access lanes as delineated on the endorsed plan shall:

i) be constructed, drained and marked in accordance with Clause 5.17 of the Shire of Manjimup Local Planning Scheme No. 4 to the satisfaction of the Council prior to the commencement of the use hereby permitted;

ii) thereafter be maintained to the satisfaction of the Council;

iii) be made available for such use at all times and not used for any other purpose; and

vi) be properly formed to such levels that it can be used in accordance with the plan.

c) A minimum of 1 accessibility car bay shall be maintained on site at all times in accordance with the Australian Standard 2890.1-2009, and connected to a continuous path to the main entrance of the building or facility. The design and signage of the bay(s) and the path(s) are to be in accordance with the Australian Standard 1428.1-2009.

d) Prior to the issue of a building permit relating to the now existing development and proposed new facilities, a management plan must be provided detailing the intended treatment of wastewater including storm water. Estimated volumes and details of evaporative dams and drains or other storage for wastewater must be provided.

Advice to Applicant

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

ii. With respect to condition (b) above, the applicant is advised that the existing bitumen seal shall be extended to accessways and associated parking bays located in proximity to the existing development and more specifically between the proposed ablution facilities and the BBQ facilities to provide an appropriate walkable surface.

iii. The proponent is advised that prior to demolition of a building or structure (i.e. the existing ablution facilities), application must be made to Shire of Manjimup for a demolition licence and the necessary licence granted.

iv. With regards to Condition b), all waste should be managed and disposed of in accordance with the Environmental Protection (Controlled waste) Regulations 2004 and Environmental (Unauthorised discharges) Regulations 2004. Untreated waste water that may cause environmental harm should not be discharged into soakage, sewer or drains. If detected, offenders may be prosecuted under the Environmental Protection Act 1986 and are liable for severe penalties.

v. Prior to the application for a building permit, an application to construct or install an apparatus for the treatment of sewage and other disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Manjimup’s Environmental Health Services.

vi. The proponent is advised to liaise with the Shire of Manjimup Environmental Health Services section to determine the suitability of existing wastewater system based on condition and current/future waste water volumes. An upgrade to the wastewater system may be required in conjunction with new amenities construction.

vii. Leach drains or soak wells must not be located beneath areas subject to vehicular traffic.

viii. The development the subject of this planning approval must comply with the requirements of the Health Act 1911 and the Shire of Manjimup’s Health Local Laws 2020.

ix. Any proposed signage for the business activity subject of this approval may require further approvals from the Shire of Manjimup.

2. Authorise the Chief Executive Officer to proceed with legal action against the owners of Lot 601 (745) Seven Day Road, Jardee for a breach of Local Planning Scheme No. 4 in respect of the unauthorised Wayside Stall, expansion of Industry – Rural and construction of Public Barbeque Facilities.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Jenkins, D

28422

That Council:

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

Reference	Document Title	Date Received
Page 1 of 7	Location Plan	4 February 2021
Page 3 of 7	Existing Structures Floor Plan	4 February 2021
Page 4 of 7	Elevations	4 February 2021
Page 6 of 7	Site Plan	4 February 2021
Page 7 of 7	Concept Plans Staff Amenities	4 February 2021

ii) thereafter be maintained to the satisfaction of the Council;

iii) be made available for such use at all times and not used for any other purpose; and

vi) be properly formed to such levels that it can be used in accordance with the plan.

Advice to Applicant

vii. Leach drains or soak wells must not be located beneath areas subject to vehicular traffic.

viii. The development the subject of this planning approval must comply with the requirements of the Health Act 1911 and the Shire of Manjimup’s Health Local Laws 2020.

ix. Any proposed signage for the business activity subject of this approval may require further approvals from the Shire of Manjimup.

2. Request the Chief Executive Officer issue a modified penalty of $500 to the owners of Lot 601 (745) Seven Day Road, Jardee for a breach of Local Planning Scheme No 4 in respect of the unauthorised Wayside Stall, expansion of Industry – Rural and construction of Public Barbeque Facilities.

CARRIED: 9/0

ATTACHMENT

9.5.3 Proposed Change of Use (Restaurant and Small Bar) to Industry - Service at Lot 183 (5) Pritchard Street, Manjimup

PROPONENT	Mr G Booth on behalf of Australian Truffle Traders
OWNER	Mr T & Mrs A James
LOCATION / ADDRESS:	Lot 183 (5) Pritchard Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/22 P53920
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	9 March 2021
DECLARATION OF INTEREST:	Nil

Background:

The property is 2,016m² in area, consists of three commercial units and is located at the intersection of Pritchard Street and Chopping Street. As reflected on the location plan below the existing development consists of a commercial building with three tenancies. Unit 3 is currently occupied by a fitness studio/medical centre which was conditionally approved by Council at its Ordinary Meeting held on 24 October 2019.

LOCATION PLAN

The applicant is proposing to occupy Unit 1, previously approved for a restaurant/small bar) and Unit 2 for the production of value-added truffle products with a research and development kitchen and factory. The business is expecting to employ up to 10 staff between the shop front, office and kitchen and ferment room. A copy of the proposal is provided attached.

ATTACHMENT: 9.5.3(1)

Signage has been proposed above awning height and consists of white lettering on black background.

Council is requested to consider the application as Shire officers do not have delegated authority to determine proposals, which will result in a parking shortfall as discussed in the Comment section below.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

In determining an application for planning approval, Clause 10.2 of the Scheme requires that various matters are taken into account, including but not limited to:

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

(vii) the content and objective of Planning Precinct Statements set out in Schedule 8 of this Scheme; and

(xviii) 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.”

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

Zoning

The subject property is zoned Town Centre by Local Planning Scheme No. 4 (the Scheme) and is located within Manjimup Precinct 1D – Town Centre MP1D. The purpose of the zone as outlined in Clause 4.2 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.

Landowners in sub-precinct MP1D are generally encouraged to develop commercial uses, which require larger lots. While not precluding retail development those land uses are encouraged to locate in other sub-precincts of the planning precinct. The proposed land use is consistent with the purpose of the zone and sub-precinct as the proposal relates to a commercial activity/use requiring a larger floor space than a typical commercial tenancy.

Land Use Classification

The proposed land use is consistent with the land use definition of Industry – Service meaning either ‘an industry – light carried out from premises which may have a retail shop front and from which goods manufactured on the premises may be sold; or premises having a retail shop front and used as a depot for receiving goods to be serviced.’

An Industry-Service is listed as a ‘D’ class use in the Scheme. That is a use which “is not permitted unless the local government has exercised its discretion by granting planning approval.”

Parking

The parking requirements have been calculated as follows:

Land Use	Parking rate	Area	Spaces required
Industry- Service	1/50sqm	522.5sqm	10.5
Provided			11

The Fitness studio was approved subject to the provision of 7 parking spaces on-site. At the time, the landowner permitted 4 of the bays to the front of the property for use by the Fitness studio. This results in the current proposal having a shortfall of 4 bays.

In accordance with clause 5.17.8 of the Scheme, where an applicant can demonstrate parking facilities are available for the shared use of land uses operating at different times, the local government may approve a development with less than the required number of spaces. Additionally, in accordance with clause 5.32.2.5 of the Scheme, when an application for a change of use is being considered for existing premises within the Town Centre Zone, the application of relevant development standards may be varied. This is provided that the change of use does not involve any additions to the building and the impact of the new use is considered consistent with the previous activity.

The landowner has provided agreement that the four spaces will be shared between the businesses as the core hours of operation are at different times. A copy of the correspondence received is attached.

ATTACHMENT: 9.5.3(2)

In this case, a reduction of development standards relating to car parking is recommended as there are sufficient parking spaces to accommodate the existing and proposed land uses which operate at different times.

The variation to parking development standards was not advertised for public comment as the landowner is supportive of reciprocal rights and shared parking amongst the tenancies. As the parking variation in only impacting on the current tenants of the property, advertising to the public was not considered by Shire officers as required in this instance.

Conclusion

The proposed land use is consistent with the zone and the applicants have been able to provide a written statement from the land owner advising of a shared parking arrangement. The application is therefore recommended for approval subject to formalising the provision of parking.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

By granting approval to the proposed use, Council will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2019-2029:

B9. Encourage and support initiatives to encourage extended service provision and activate town centres; and

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

Organisational risk management:

Should the shared parking arrangement cause a detrimental impact on the amenity of the locality and safety of the surrounding road network, Council can revoke its decision and require a reassessment of the parking requirements for the property.

Financial Implications:

The required application fee has been paid in accordance with the Shires Schedule of Fees and Charges as adopted for the 2020/21 annual budget.

Sustainability:

Environmental: Nil.

Economic: Approval of the application will result in a commercial activity operating in an appropriate premises and provide a rental income to the land owner.

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 Change of Use from Restaurant and Small Bar to Industry - Service and its associated Signage at Unit 1 and 2, Lot 183 (5) Pritchard Street, Manjimup (Application TP2021/18) as attached at 9.5.3(1) and subject to the following conditions:

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
Page 1 of 4	Site Plan	25 February 2021
Page 3 of 4	Floor Plan	25 February 2021
Page 4 of 4	Elevations	25 February 2021

b) The applicant is required to ensure ongoing provision of eleven (11) parking bay/s (including one (1) accessible compliant bay), with aisle widths, circulation areas, driveway/s and points of ingress and egress in accordance with Table 3 and clause 5.17 of Local Planning Scheme No.4.

d) The signs the subject of this approval shall be kept clean, free from unsightly matter and in good condition and presentation at all times.

Advice to applicant:

i. This development approval is NOT a building permit. A certified building permit for the change of use must be formally presented to and approved by Building Services to formalise the development.

ii. With regards to Condition d), the applicant is advised that additional signs may require further approval from the Shire of Manjimup.

iii. The premises and equipment the subject of this planning approval is required to comply with clause 3.2.3 of the Australian Food Safety Standards. In this regard the following requirements are to be met:

a. Regardless of whether a building permit is required, application shall be made to the Shire of Manjimup’s Environmental Health Section for assessment and approval prior to commencing development.

b. Two (2) sets of scaled plans (minimum 1:100) and specifications detailing the design and fit out shall be submitted to Environmental Health Section and shall include the following information:

· the use of each room/area;

· the structural finishes of walls, floors, ceilings, benches, shelves and other surfaces;

· the position and type of all fixtures, fittings and equipment;

· all sanitary conveniences, floor wastes/bucket traps/cleaner’s sinks, grease traps, etc;

· waste storage and disposal areas;

· plans and specifications of the mechanical exhaust system if cooking is to take place in the food business;

· specifications of all cooking equipment (stoves, ovens, fryers, etc.);

· elevations of food handling and storage areas; and

· details of the types of food being prepared or sold.

c. Please refer to the Shire of Manjimup’s Requirements for the Establishment, Construction and Fit Out of Food Premises available on the website at www.manjimup.wa.gov.au.

d. A final inspection of the premises and Registration / Notification under the Food Act 2008 will be required to be carried out by the Principal Environmental Health Officer prior to commencement of the operation.

e. Further information may be obtained from the Shire of Manjimup’s Environmental Health team on (08) 9771 7777.

iv. The development the subject of this planning approval must comply with the requirements of the Health Act 1911 and the Shire of Manjimup’s Health Local Laws 2020.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Skoss, K

28423

Reference	Document Title	Date Received
Page 1 of 4	Site Plan	25 February 2021
Page 3 of 4	Floor Plan	25 February 2021
Page 4 of 4	Elevations	25 February 2021

d) The signs the subject of this approval shall be kept clean, free from unsightly matter and in good condition and presentation at all times.

Advice to applicant:

i. This development approval is NOT a building permit. A certified building permit for the change of use must be formally presented to and approved by Building Services to formalise the development.

ii. With regards to Condition d), the applicant is advised that additional signs may require further approval from the Shire of Manjimup.

b. Two (2) sets of scaled plans (minimum 1:100) and specifications detailing the design and fit out shall be submitted to Environmental Health Section and shall include the following information:

· the use of each room/area;

· the structural finishes of walls, floors, ceilings, benches, shelves and other surfaces;

· the position and type of all fixtures, fittings and equipment;

· all sanitary conveniences, floor wastes/bucket traps/cleaner’s sinks, grease traps, etc;

· waste storage and disposal areas;

· plans and specifications of the mechanical exhaust system if cooking is to take place in the food business;

· specifications of all cooking equipment (stoves, ovens, fryers, etc.);

· elevations of food handling and storage areas; and

· details of the types of food being prepared or sold.

c. Please refer to the Shire of Manjimup’s Requirements for the Establishment, Construction and Fit Out of Food Premises available on the website at www.manjimup.wa.gov.au.

e. Further information may be obtained from the Shire of Manjimup’s Environmental Health team on (08) 9771 7777.

iv. The development the subject of this planning approval must comply with the requirements of the Health Act 1911 and the Shire of Manjimup’s Health Local Laws 2020.

CARRIED: 9/0

Councillor Taylor declared an Impartiality Interest in this Item as he is related to the owner. Councillor Taylor declared that he would consider the matter on its merits and vote accordingly.

ATTACHMENT

APPENDIX

9.5.4 Request for Reconsideration Proposed Advertising Device (Remote Sign) at Lot 8395 (1277) Balbarrup Road, Palgarup

PROPONENT	Westside Equipment
OWNER	Mr K R Gibellini
LOCATION / ADDRESS:	Lot 8395 (1277) Balbarrup Road, Palgarup
WARD:	North
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/240 P50310
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	11 March 2021
DECLARATION OF INTEREST:	Nil

Background:

On 11 February 2021, Council resolved to refuse an application for retrospective development approval for a Remote Advertising Sign on a Balbarrup Road property adjoining the highway (Resolution 28378). A location plan is shown below, whilst a copy of the previous agenda item is appended.

APPENDIX: 9.5.4(A)

LOCATION PLAN

Council is now requested to consider an application to reconsider the refusal of the remote advertising, as the applicant has provided additional information in support of the application, stating that the business has many clients within the Shire and as a result of contracts within the Shire, supports other local businesses. The applicant has also stated that there is one employee who is a Manjimup resident and that when works are occurring in the Shire, employees purchase goods and services within the Shire. A detailed copy of the request is attached.

ATTACHMENT: 9.5.4(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Shire of Manjimup Local Planning Scheme No. 4 (LPS4) Clause 10.9 enables applicants that are dissatisfied with a refusal or condition of approval the ability to request the local government in writing to reconsider its decision.

The applicant was offered the opportunity for a reconsideration in accordance with the procedure in Clause 10.9. As required by that clause the local government shall within 60 days, consider the reconsideration by either refusing the request and re-affirming the original decision; revoke its original decision and issue a new determination; or delete, amend or replace the condition or conditions subject of the request.

As detailed within the 11 February 2021 agenda item, the application was assessed against the requirements of Local Planning Policy 6.1.4 and was refused by Council, in accordance with the officers recommendation for the following three reasons:

a) The development as submitted is for remote signs which are contrary to the provisions of the Shire’s Planning Policy which require such signage to relate to a tourist-related business or a business which provides services to the travelling public;

b) Approval to the application as submitted would create an undesirable precedent for the approval of remote signage contrary to the provisions of Local Planning Policy 6.1.4; and

c) Approval to the application as submitted would create an undesirable precedent for the approval of signs related to businesses that are not based within the Shire.

Notwithstanding the applicant’s additional submitted information regarding clients and employees based in the Shire, the business does not offer tourist – related services and the business itself is not based in the Shire. As a result the fact remains that the application is not consistent with the provisions of Local Planning Policy 6.1.4.

The intent of the Policy provision, relating to remote signage, is to capture the economic benefit of the tourists travelling along highways. Historically in the case of Manjimup, all traffic was directed through town and businesses were able to capture the passing trade. With the redirection of the highway to Mottram Street, tourists can by-pass local businesses and the remote signs provide the ability to capture and direct travellers into town for purchases.

Conclusion

The applicant’s justification stating that there are clients and an employee of the business located in the Shire is not considered adequate justification to vary the planning requirements as outlined within the Local Planning Policy. It is recommended that Council maintain its position on remote signage being for tourist-related businesses and offering services to the travelling public and reaffirm its decision.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and the 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.

The refusal of this proposal is aligned with the Shire of Manjimup Strategic Community Plan 2019-2029 D10 by regulating tourism-based and commercial roadside signage to ensure it is appropriate, well-maintained and does not negatively impact on landscape visual amenity.

Organisational risk management:

A determination in favour of the request would set an undesirable precedence for remote advertising which is not tourist related.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Advertising devices along the highway have the ability to capture passing tourists who would normally by-pass town when travelling to an alternate destination. Remote signs are intended to provide economic benefit to businesses located off the highway.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

Council reaffirm the resolution of its Ordinary Meeting of 11 February 2021 to refuse the proposed Remote Advertisement Sign at Lot 8395 (1277) Balbarrup Road, Palgarup on the following grounds:

b) Approval to the application as submitted would create an undesirable precedent for the approval of remote signage contrary to the provisions of Local Planning Policy 6.1.4; and

c) Approval to the application as submitted would create an undesirable precedent for the approval of signs related to businesses that are not based within the Shire.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Eiby, W

28424

Council reaffirm the resolution of its Ordinary Meeting of 11 February 2021 to refuse the proposed Remote Advertisement Sign at Lot 8395 (1277) Balbarrup Road, Palgarup on the following grounds:

b) Approval to the application as submitted would create an undesirable precedent for the approval of remote signage contrary to the provisions of Local Planning Policy 6.1.4; and

c) Approval to the application as submitted would create an undesirable precedent for the approval of signs related to businesses that are not based within the Shire.

CARRIED: 9/0

ATTACHMENT

9.5.5 Delegated Planning Decisions for February 2021

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:	11 March 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 February 2021 is attached.

ATTACHMENT: 9.5.5(1)

PUBLIC Consultation Undertaken:

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 February 2021, nine (9) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for February 2021 compared to February 2020:

Table 1: Planning Decisions Made February 2020 and 2021

	February 2020	February 2021
Delegated Decisions	17 ($320,140)	9 ($1,038,974)
Council Decisions	3 ($766,000)	2 ($500)
Total	20 ($1,086,140)	11 ($1,039,474)

Table 2 compares the Year-To-Date statistics for delegated authority and Council decisions for 2020-21 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	76 ($5,571,887)	108 ($9,318,071)
Council Decisions	30 ($1,911,073)	34 ($11,929,000)
Total	106 ($7,482,960)	142 ($21,247,071)

It should be noted that with respect to the application relating to Iredell Road as shown in the attachment, that this application was determined by Council and the timeframe for processing was dramatically extended due to delays in the applicant providing an appropriate level of information to allow processing of the application.

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 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 be 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, where required, 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 February 2021 as per Attachment: 9.5.5(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Ventris, M

28425

That Council receives the report on Delegated Development Approvals for February 2021 as per Attachment: 9.5.5(1).

CARRIED: 9/0

ATTACHMENT

9.5.6 Proposed Outbuilding at Lease 309 Fishermans Place, Windy Harbour

PROPONENT	Darren Davis (Sheds West Direct) on behalf of Amona Shells Pty Ltd
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Site 309 Fishermans Place, Windy Harbour
WARD:	Coastal
ZONE:	Special Use 5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA 21/25 P56099
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	12 March 2021
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a 1,266m² leasehold property located within Precinct 5 of the Windy Harbour Settlement. The site currently contains a 90m² Holiday Cottage, 30.25m² shed and a smaller shed have an area of approximately 12m². A location plan is shown below.

LOCATION PLAN

Council is in receipt of an application to construct a 9 metre by 12 metre (108m²) Outbuilding with a wall height of 3.5 metres and height to ridge being 4.4 metres. If approved, the applicant has advised that the existing 12m² Outbuilding will be removed. The new Outbuilding is proposed to be located 4 metres from the road boundary and 1 metre from the western boundary. A copy of the proposed development plans are attached.

ATTACHMENT: 9.5.6(1)

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

PUBLIC Consultation Undertaken:

The plans were advertised to adjoining leaseholders for a period of 21 days. There were no comments received.

COMMENT (Includes Options):

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

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

Zone Purpose and Objectives

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

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

· The requirements of the Windy Harbour Management Plan;

· Associated Local Planning Policies; and

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

Local Planning Policy

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

The proposed Outbuilding is compliant with the acceptable development provisions in respect of Precinct 5, except for the requirement for the outbuilding to be located behind the front building line of the holiday cottage. In this instance, the holiday cottage was constructed to the rear of the site on a ridgeline, most likely to gain ocean views.

Given the existing site conditions and historical development of the holiday cottage means that any Outbuilding design will not be able to meet the acceptable development provisions without an extensive amount of earthworks and retaining. It is also noted that the proposed outbuilding location is consistent with the existing development on the adjacent Professional Fishermans leases (being leases 306 and 307).

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

Conclusion

Given the proposed development of the outbuilding responds to the existing site conditions, a variation of the current Policy provisions is supported. It is therefore recommended that the application be conditionally approved.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Local Planning Policy LPP 6.1.16 Windy Harbour Design Codes.

Organisational risk management:

Nil.

Financial Implications:

The required development fees have been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

The Council in accordance with Part 10 of Local Planning Scheme No.4 approve the proposed Outbuilding at Site 309 Fishermans Place, Windy Harbour (Application TP2021/21) as shown at attachment 9.5.6(1) and subject to the following conditions and advice:

Reference	Document Title	Date Received
1.	Site Plan	10 February 2021
2.	Set out Plan	17 February 2021
Sheet 2 of 8	Shed Plans	10 February 2021

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

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

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

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

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

ADVICE TO APPLICANT

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. Proposed development must be minimum of 1.8m from existing leach drains and 1.2m from existing septic tanks.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28426

Reference	Document Title	Date Received
1.	Site Plan	10 February 2021
2.	Set out Plan	17 February 2021
Sheet 2 of 8	Shed Plans	10 February 2021

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

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

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

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

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

ADVICE TO APPLICANT

ii. Proposed development must be minimum of 1.8m from existing leach drains and 1.2m from existing septic tanks.

CARRIED: 9/0

ATTACHMENT

9.9.1 Proposed New Policy 3.1.7 Manjimup Heritage Park Collections

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F161014
LEGISLATION:	Local Government Act 1995; Copyright Act 1968
AUTHOR:	Jessica Winters
DATE OF REPORT:	15 February 2021
DECLARATION OF INTEREST:	Nil

Background:

The Manjimup Heritage Park (‘the Park’) has been established as the home for Shire museum collections, which consists primarily of objects.

Prior to the Manjimup Town Centre Revitalisation (MTCR) project, the Park had a substantial collection on display or in storage, as part of the State Timber Museum collection and miscellaneous objects on display throughout the Park (e.g. vehicles, power saw’s etc.). As part of the MTCR project the Shire acquired the former World of Energy collection which now forms part of the Power Up Electricity Museum display. As such the Shire are now in possession of hundreds of objects ranging in condition and significance (herein referred to as ‘the Collection’). Many of these objects are on display however more are in storage either having been, or planned to be, conserved, digitised and stored by a small team of volunteers.

To inform the ongoing management and development of the collection and to meet national collection standards, a draft Council policy has been prepared. The purpose of this report is to request Council to adopt Policy 3.1.7 Manjimup Heritage Park Collections.

ATTACHMENT: 9.9.1(1)

This policy is in keeping with national museum standards and numerous best practice guides and examples available from the WA Museum and Australian Museum and Galleries Association (WA Branch). It particularly meets the following documents:

· National Standards for Australian Museums and Galleries, 2016;

· ICOM Code of Ethics for Museums, 2004; and

· Movable Heritage Principles, NSW Heritage Office, 2000.

At the Council briefing session prior to ordinary Council meeting on 4 March 2021, a draft version of the policy was presented. Note, some minor amendments have been made since that presentation based on feedback from the Manjimup Heritage Park Honorary (voluntary) Curator. The most notable changes were:

· Improved definition of the collection under “Area of Application”;

· Addition of “discarding” under the methods of disposal in section 4;

· Moved clause regarding relocating heritage buildings from section 1 to section 6; and

· General improvements of the Appendix including notations regarding previous significance assessments undertaken on greater Park collections (under “sub-collections”).

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Policy Content

The purpose of this policy is to outline why, what, where, how and when the Park collects objects, and how and why items may be deaccessioned and disposed.

The intent of this policy is to address a number of issues and challenges that Shire officers are currently faced when handling the Collection, as well as assist in ongoing management of the collection to reduce the social and financial impact of mismanagement of the Collection.

Currently the Collection includes a number of objects that were either donated to the Park, collected by Park representatives, or as part of the former World of Energy collection. Many of objects have not been formally assessed, and determined whether they are in the Park’s (and Shire’s) interest to retain for the conservation and/or display of local heritage (being knowledge, ideas, stories and memories).

Further the community have historically, and are expected to continue to, focus their interest on the Park when looking to find a home for personal/family heirlooms and property.

The intent of the policy is to address the above issues and also help guide budget priorities and determine what is, and is not, in the Shire’s interest to fund. This includes collection management and exhibition/displays.

Without proper guidance, Shire officers and volunteers are not enabled to make informed decisions regarding the Collection with confidence, and the support of Council. The policy establishes the themes and criteria in which Collections items must meet however it does not cover any matters regarding future exhibition or collection priorities. This will be covered in the 2021 review of the Manjimup Heritage Park Management & Development Plan.

Policy Measures

The policy establishes a number of processes for Shire officers and volunteers to adopt when managing the Collection. This includes processes for:

· Accessioning - ensuring any new item collected is in keeping with the Park’s interest, themes and general collection criteria;

· Deaccessioning and Disposal - ensuring objects are disposed of when meeting certain criteria, and disposing of them in an ethical manner which is also in keeping with the Shire’s Corporate Policy 2.3.9 Disposal of Shire of Manjimup Property; and

· Loan’s – when and how the Park can accept or provide an object loan from/to a likeminded organisation.

The policy uses the existing structure of the Heritage Park Advisory Committee of Council for requesting authorisation of any object disposals/deaccessions or accessions (if there is financial implication for the accession).

Conclusion

The proposed new policy has been prepared in response to a growing need for guidance around the management of the Park’s Collection as well as an interest to meet national museum standards. The policy will provide an informed and structured decision making process, and strengthen the ongoing management of the Collection.

STATUTORY ENVIRONMENT:

The following statutory documents apply to this policy:

· Local Government Act 1995; and

· Copyright Act 1968.

Policy / Strategic Implications:

The proposed new policy meets:

· Strategy C23 of the Shire of Manjimup Strategic Community Plan 2019-2023: “Document and conserve local historical records, stories and artefacts and make them available for everyone to study and enjoy.”

· Corporate Policy 2.3.9 Disposal of Shire of Manjimup Property.

Organisational risk management:

Failure to adopt this policy will weaken Shire’s position when dealing with accessioning or deaccessioning of Collection items.

Financial Implications:

The deaccessioning or disposal of collection objects can have positive financial affects i.e. reduced cost of conserving, storing and displaying objects. However the accessioning of objects can have an increased financial liability varying in size depending on the complexity of the object e.g. a large generating set takes significant space within buildings and can be costly to move.

Sustainability:

Environmental: Nil.

Economic: A well-managed collection and associated exhibits, can in turn create more interest for new visitors to the Park, purchase tickets to paid experiences and spend money in the local economy.

Social: Maintaining a focussed collection can have significant impacts on the local community and visitors to the Park by accurately and succinctly exhibiting our local heritage. Further the collection will be more manageable to share on online platforms such as CollectionsWA (free online platform to share collections digitally) which can help connect people nationally and internationally connect with their heritage.

The policy will also assist with ongoing conservation efforts from the Park volunteers. The policy will see the classification of objects and determine which objects are significant and therefore requiring more conservation effort (from a small base of volunteers).

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt Council Policy 3.1.7 Manjimup Heritage Park Collections as attached at 9.9.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28428

That Council adopt Council Policy 3.1.7 Manjimup Heritage Park Collections as attached at 9.9.1(1).

CARRIED: 9/0

ATTACHMENT

9.15.2 Unconfirmed Minutes of the Airfield Management Committee Meeting held on 24 February 2021

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Dawn Road, Manjimup
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170380
LEGISLATION:	Local Government Act 1995
AUTHOR:	Yvonne Ganfield
DATE OF REPORT:	4 March 2021
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to accept the unconfirmed minutes of the Airfield Management Committee meeting held 24 February 2021. A copy of the minutes is attached.

ATTACHMENT: 9.15.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The committee made three recommendations. Two of the recommendations require Council approval for transfer of reserve funds for Airfield Certification, due to changes to the Civil Aviation Safety Authority (CASA) airfield operations, and a new sealed Airfield run-up area.

Committee Recommendation	Officer Recommendation
Request transfer of $23,000 from the Airfield Reserve in the 2021/22 Council budget for the Shire of Manjimup to transition from a registered airfield to a Civil Aviation Safety Authority (CASA) certified airfield.	Supported and dealt with in the recommendation to Council in this report. The Airfield must be certified to provide the ability for the Royal Flying Doctor Service to fully operate.
Shire officer to investigate a hydrant connection to Airfield and the opportunity for grant funding	Supported and dealt with administratively.
Council approve the Committee’s request for transfer of $25,000 from the Airfield Reserve to fund works for the new sealed airfield run-up area.	Supported by the committee with any underspend to be transferred back to the airfield reserve budget. Shire officers to investigate potential grant funding

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

The airport services a large geographical area providing emergency access to firefighting and hospitals. The Shire’s 2019-2023 Corporate Business Plan identifies action D16. Undertake long-term regional transport infrastructure planning, giving consideration to future road, rail and air transport needs and user safety.

Organisational risk management:

Nil. However, there is a risk to the community, as only a CASA Certified Airfield will allow night flights to land and take-off, which is critical for users such as the Royal Flying Doctor Service.

Financial Implications:

At the time of writing this report, the airfield reserve budget for 2020/21 is $121,645. Should Council agree to the two budget recommendations in this report, the resulting 2021/22 Airfield Reserve Budget will reduce to $73,645. Shire officers also propose to seek grant funding to cover the Airfield Certification works thus, potentially offsetting the funds.

Sustainability:

Environmental: A better functioning and certified airlifted makes for safe and more effective use of the asset, particularly when assisting with fire control.

Economic: A better functioning airlifted allows for a diversified use, including benefits to commercial businesses.

Social: The Airport is critical infrastructure to the community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed Minutes of the Airfield Management Committee Meeting, held 24 February 2021, as show in attachment 9.15.1;

2. Approve the Committee’s request for transfer of $23,000 from the Airfield Reserve in the 2021/22 Council budget for the Shire of Manjimup to transition from a registered airfield to a Civil Aviation Safety Authority certified airfield; and

3. Approve the Committee’s request for transfer of $25,000 from the Airfield Reserve to fund works for the new sealed airfield run-up area, and amend the 2020/21 annual budget as described in the table below.

Description	Current Budget	Amended Budget	Variation
Transfer from Manjimup Airfield Reserve	($68,000)	($93,000)	($25,000)
Sealing Manjimup Airfield Run-up Area	$0	$25,000	$25,000
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Ventris, M

28430

That Council:

1. Receive the unconfirmed Minutes of the Airfield Management Committee Meeting, held 24 February 2021, as show in attachment 9.15.1;

Description	Current Budget	Amended Budget	Variation
Transfer from Manjimup Airfield Reserve	($68,000)	($93,000)	($25,000)
Sealing Manjimup Airfield Run-up Area	$0	$25,000	$25,000
Net Rate Funds			$0

CARRIED: 9/0

ATTACHMENT

APPENDIX

9.16.1 Unconfirmed Minutes of the Access & Inclusion Advisory Committee Meeting held 11 February 2021

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	All
DIRECTORATE:	Community Services
FILE REFERENCE:	F170381
LEGISLATION:	Disability Services Act 1993 Commonwealth Disability Discrimination Act 1992 Equal Opportunity Act WA 1998 Local Government Act 1995
AUTHOR:	Kelsie Collins
DATE OF REPORT:	26 February 2021
DECLARATION OF INTEREST:	Nil

Background:

The Access and Inclusion Advisory Committee (AIAC) is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. The purpose of the Committee is to:

· “Promote the benefits of access and inclusion to the residents and businesses of the Shire of Manjimup.

· Be available to provide relevant advice on the development of proposals or plans for any activity, building or infrastructure within the Shire.

· Support and encourage partnership networks of local organisations that are best placed to collectively plan and coordinate strategies to address the needs of our local disability communities.

· Make recommendations to Council on matters arising not clearly dealt with by the Shire of Manjimup’s Disability Access and Inclusion Plan.

· Monitor and review the Disability Access and Inclusion Plan.”

The purpose of this report is to present the unconfirmed Minutes and action items of the AIAC meeting held 11 February 2021, as attached, for Council consideration and to amend the Terms of Reference as appended.

ATTACHMENT: 9.16.1(1)

ATTACHMENT: 9.16.1(2)

APPENDIX: 9.16.1(A)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

There is one recommendation requiring a decision of Council.

Committee Recommendation	Officer Recommendation
Nominate Marlena Hayhow as a Community Representative on the access and Inclusion Advisory Committee.	Supported and amend the Terms of Reference accordingly.

The Terms of Reference have been amended to include the nominated community member. The revised documented is attached for Council consideration.

ATTACHMENT: 9.16.1(3)

STATUTORY ENVIRONMENT:

· Disability Services Act 1993

· Commonwealth Disability Discrimination Act 1992

· Equal Opportunity Act Western Australia 1998

Policy / Strategic Implications:

· Shire of Manjimup Access and Inclusion Plan 2018-2023

· Shire of Manjimup Access and Inclusion Policy 3.8.1

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The Shire of Manjimup is committed to ensuring that the community is an accessible and inclusive community for people with disability, their families and carers.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1. Receive the unconfirmed Minutes and Action Items of the Access and Inclusion Advisory Committee meeting held 11 February 2021 as per Attachments: 9.16.1(1) & 9.16.1(2);

2. Accept the nomination of Marlena Hayhow as a Community Representative on the Access and Inclusion Advisory Committee; and

3. Accept the amended Access and Inclusion Advisory Committee Terms of Reference as per Attachment: 9.16.1(3).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Tapley, D

28431

That Council

1. Receive the unconfirmed Minutes and Action Items of the Access and Inclusion Advisory Committee meeting held 11 February 2021 as per Attachments: 9.16.1(1) & 9.16.1(2);

2. Accept the nomination of Marlena Hayhow as a Community Representative on the Access and Inclusion Advisory Committee; and

3. Accept the amended Access and Inclusion Advisory Committee Terms of Reference as per Attachment: 9.16.1(3).

CARRIED: 9/0

ATTACHMENT

APPENDIX

9.16.4 Minutes of the Northcliffe Town Hall Management Committee 7 September 2020 and Unconfirmed Minutes of 8 March 2021

PROPONENT	Northcliffe Town Hall Management Committee
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Town Hall, Zamia Street, Northcliffe
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170371
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jamie Jones
DATE OF REPORT:	9 March 2021
DECLARATION OF INTEREST:	Nil

Background:

The Northcliffe Town Hall Management Committee is a Management Committee appointed by Council under the Local Government Act 1995 to assist the Shire in the management of the Northcliffe Town Hall with the following functions, as identified in the adopted Terms of Reference:

1. Provide responsible management for the Northcliffe Town Hall.

2. Prepare a budget for consideration by Council.

3. Recommend fees and charges for adoption by Council.

4. Expend funds in accordance with the approved budget and in consultation with relevant manager.

5. Prepare an appropriate development plan in consultation with relevant Shire departments for Council consideration.

A copy of the Terms of Reference, as adopted by Council is appended.

APPENDIX: 9.16.4(A)

The purpose of this item is to present the minutes of the meeting of 7 September 2020 and the unconfirmed minutes relating to the 8 March 2021 meeting of the Northcliffe Town Hall Management Committee. Copies of the minutes are attached.

ATTACHMENT: 9.16.4(1)

ATTACHMENT: 9.16.4(2)

Council is requested to receive the minutes and consider those matters in respect of which resolutions were passed.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The following comments are provided with respect to the recommendations passed at the two committee meetings.

Election of New Members

As reflected in the minutes of the 7 September 2020 meeting, the committee made a recommendation to appoint an additional community representative as follows:

Number	Committee Recommendation	Officers Comment
1.	That Rylee Bennett be elected as a Community Representative	That the recommendation be supported

Rylee Bennett is a student at Manjimup Senior High School and has nominated to join the Committee in order to provide a young person’s opinion on how the Northcliffe Town Hall can remain relevant to all people in the community.

The following two additional nominations received at the meeting held on 7 March 2021:

Number	Committee Recommendation	Officers Comment
1.	That Judith Bennett be elected as a Community Representative	That the recommendation be supported
2.	That Jodie Miller be elected as a Community Representative	That the recommendation be supported

Should Council resolve to accept the nominations received, the number of committee members will increase to 8, 6 of which being community representatives. Each of the nominations as received is supported, with the increase in members expected to assist with the ongoing management and development of the Northcliffe Town Hall.

The current Terms of Reference have been reviewed in anticipation of Council accepting the above nominations. A copy of the revised Terms of Reference is shown attached.

ATTACHMENT: 9.16.4(3)

Sound System

As reflected within the minutes, the following recommendation was passed at the meeting held on 8 March 2021 that requires the further consideration of Council:

Number	Committee Recommendation	Officer’s Comment
1.	That the Shire of Manjimup release funds in the Northcliffe Town Hall Reserve of $1,800 to assist with the purchase of the Sound System.	That the recommendation be supported

The Committee has for a number of years sought to improve the facilities of the hall. They have held numerous events where a sound system has been required to be hired by patrons or for events held at the hall. This has proven difficult and expensive to source a qualified person to supply a sound system and the cost of transport to Northcliffe has been cost prohibitive. The committee has therefore sought to fund a new permanent sound system as a long term solution.

Only one quote was received by the committee for the sound system, as there was no response from any other contractors. The price for the fitting of the sound system for the Hall is $11,106 inclusive of GST.

The Committee is requesting that $1,800 be released from the reserve account held by the Shire, with the balance of the funding to be sourced from funds previously raised, donations and additional fund raising/assistance in kind. Council approval is therefore sought to release the reserve funds for the purchase of the sound system.

The committee has indicated that balance of the funds for the system will be raised by the committee using donations and funds previously raised, moneys from the Northcliffe Town Hall maintenance fund and assistance in kind. It should be noted that maintenance funds cannot be used for capital works. As an alternative, it is recommended that the committee be encouraged to apply for Community Grant funding towards the purchase/system installation.

The Committee are responsible for the operation and maintenance budget of the building and consider the fitting of the new sound system to fall within the parameters of this budget. The fitting of the sound system is important to the constant improvement of the Hall and complies with the Northcliffe Town Hall Management Committee’s Terms of Reference.

STATUTORY ENVIRONMENT:

As a Management Committee, the operation of the Northcliffe Town Hall Management Committee is required to comply with the Local Government Act 1995.

Policy / Strategic Implications:

Appointment of Community Representatives to the Management Committee for the Northcliffe Town Hall is consistent with the Shire of Manjimup Strategic Community Plan 2019-2029.

Organisational risk management:

Nil.

Financial Implications:

The Northcliffe Town Hall Management Committee is responsible for the management of the budget allocated for the Northcliffe Town Hall’s maintenance, capital improvements and reserves. Operational decisions made by the committee are required to be in accordance with the Shire of Manjimup’s adopted annual budget.

The current amount in the Northcliffe Town Hall Reserve from the Budget of 2020/21 is $1,896.00. Should the Committee’s request be supported, a balance of $96 will remain in the Reserve Account. The Committee are aware of the small amount remaining in the Reserve. This is reflective of the lack of fundraising events the Hall has been able to hold in the past year due to the uncertainty of COVID-19.

It is understood that previous members of the committee had a preference for funds raised by the committee to be held by Council, but this position has now changed somewhat with the committee now managing its own funds. Given this and the small balance remaining within the Reserve Account, it is recommended that the committee be offered the full balance of $1,896 and the account be closed.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The Northcliffe Town Hall is an important communal facility for the Northcliffe community. The purchase of the sound system along with the recent improvements will make the facility more attractive to the community and will increase the fundraising capability of the Hall.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1) Receive and note the minutes of the unconfirmed minutes from the September 2020 and March 2021 meetings relating to the Northcliffe Town Hall Management Committee as shown at Attachment: 9.16.4(a) and Attachment: 9.16.4(2);

2) Accept the following nominations to the Northcliffe Town Hall Management Committee as Community Representatives:

a) Rylee Bennett;

b) Judith Bennett; and

c) Jodie Miller.

3) Adopt the amended Terms of Reference as shown at Attachment: 9.16.4(3)

4) Approve the release of funds of $1,896 from the Northcliffe Town Hall Management Committee to purchase the sound system and amend the 2020/21 Annual Budget as shown in the table below:

Description	Current Budget	Amended Budget	Variation
Northcliffe Town Hall Reserve	$1,896	$0	(1,896)
Purchase of Sound System	$0	$1,896	$1,896
Net rate funds			$0

5) Close the Northcliffe Town Hall Reserve as part of the 2021/22 annual budget; and

6) Advise the Committee that the use of maintenance funds toward the purchase and installation of the proposed sound system is not supported as the works are considered capital works and are not consistent with the identified purpose of maintenance funding. As an alternative, it is recommended that application be made for funding under the Shire of Manjimup’s Community Grant Funding program.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28434

That Council

2) Accept the following nominations to the Northcliffe Town Hall Management Committee as Community Representatives:

a) Rylee Bennett;

b) Judith Bennett; and

c) Jodie Miller.

3) Adopt the amended Terms of Reference as shown at Attachment: 9.16.4(3)

4) Approve the release of funds of $1,896 from the Northcliffe Town Hall Management Committee to purchase the sound system and amend the 2020/21 Annual Budget as shown in the table below:

Description	Current Budget	Amended Budget	Variation
Northcliffe Town Hall Reserve	$1,896	$0	(1,896)
Purchase of Sound System	$0	$1,896	$1,896
Net rate funds			$0

5) Close the Northcliffe Town Hall Reserve as part of the 2021/22 annual budget; and

CARRIED: 9/0

Committee Recommendation	Officer Comment
That the Audit Committee accept the 2020 Compliance Audit Return with a change to item 5 under Local Government Employees from “Yes” to “N/A”.	Supported as per the Audit Committee recommendation. The 2020 compliance Audit Return has been amended as requested and is presented as a separate item within the 25 March 2021 Council Agenda.

PROPONENT	Northcliffe Men’s Shed Incorporated
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 2 Muirillup Road, Northcliffe
WARD:	Coastal
ZONE:	Public Purposes - Shire Depot
DIRECTORATE:	Business
FILE REFERENCE:	F160746
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	12 March 2021
DECLARATION OF INTEREST:	Nil

Policy Number	Policy Name
5.2.4	Disabled Parking Bays Identification and Enforcement

PROPONENT	Northcliffe Town Activation Committee
OWNER	N/A
LOCATION / ADDRESS:	Northcliffe Town Centre
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170455
LEGISLATION:	Local Government Act 1995
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	11 March 2021
DECLARATION OF INTEREST:	Nil