Agenda of Ordinary Council

SHIRE OF MANJIMUP – Council Meeting AGENDA

29 July 2021

Notice to all councillors

An Ordinary Meeting of Council is called for Thursday 29 July 2021 commencing at 5:30pm in the Council Chamber.

________________________

Andrew Campbell

Chief Executive Officer

21 July 2021

DISCLAIMER

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

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

1. Please note this meeting may be electronically recorded.

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

SHIRE OF MANJIMUP

Council Meeting Thursday 29 July 2021

To be held

In the Council Chamber

Commencing at 5:30pm

Agenda

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:

2. ANNOUNCEMENTS BY THE PRESIDENT:

The Shire of Manjimup respectfully acknowledges the Noongar people as the Traditional Custodians of the lands in which we work throughout the region and we pay our respects to their Elders, past present and emerging.

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

3. ATTENDANCE:

3.1 Apologies:

3.2 Approved Leave of Absence:

3.2.1 Councillor Robert Taylor was given a Leave of Absence for this meeting at the Council Meeting at the 17 June 2021 meeting.

4. DECLARATIONS OF INTEREST:

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

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice

5.2 Public Question Time

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

6. PRESENTATIONS:

6.1 Petitions

6.2 Presentations

6.2.1 A Citizenship Ceremony is to be held for John Durbin, Audran Vessot, David Ritchie and Margaret Ritchie.

6.3 Deputations

6.4 Delegates’ reports

6.5 Conference Reports

7. CONFIRMATION OF PREVIOUS MINUTES:

________________ / __________________

That the Minutes of the Ordinary Meeting of the Council held on 8 July 2021 be confirmed.

8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:

9. OFFICERS’ REPORTS:

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

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

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

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

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

MAJORITY	ITEM	COUNCIL OFFICERS’ REPORTS	Page No.
		OFFICE OF CEO
	9.1	Office of CEO
	9.1.1	Proposed Periodic Review of Local Laws	7
	9.1.2	April to June 2021 Quarterly Report - Office of the CEO	10
Absolute	9.1.3	Proposed Adoption of 2021/22 Annual Budget	12
		BUSINESS DIRECTORATE
	9.2	Corporate & Governance
	9.2.1	Proposed Manjimup Community Centre Lease, Reserve 42114, to WA County Health Service	17
	9.3	Finance & Administration
	9.3.1	Council Financial Payments June 2021	20
	9.3.2	Monthly Financial Activity Statement - May 2021	22
	9.4	Information Communications Technology
		DEVELOPMENT & REGULATION DIRECTORATE
	9.5	Statutory Planning
	9.5.1	Proposed Variation of Conditions of Approval to Industry Extractive at Lot 739 (274) Dingup Road, Dingup	25
	9.5.2	Retrospective Steel Structure and Proposed Roof at Lot 300 (2), Reserve 50878 Wheatley Coast Road, Quinninup	32
	9.5.3	Proposed Outbuilding with Reduced Setback at Lot 90 (61) Karri Street, Walpole	36
	9.5.4	Retrospective Application for Low Impact Tourist Accommodation at Lot 9274 (717) Grays Road, Collins	42
	9.5.5	Recommended Modifications to Proposed Scheme Amendment No 24 Prior to Advertising - Lot 7489 (107) Burma Road, Pemberton	49
	9.5.6	Application for Retrospective Approval for a Dam at Lot 1 Tynans Road, Jardee	54
	9.6	Building Services
	9.7	Ranger & Emergency Services
	9.7.1	Application to keep more than Two Cats at Lot 4 (12) Cronin Street, Manjimup	64
	9.7.2	Proposed Firebreak and Fuel Hazard Reduction Notice 2021/2022	69
	9.7.3	Proposed Review of Ranger and Emergency Services Policy 5.3.16 - Fire Protection Strategy	72
	9.8	Environmental Health Services
		COMMUNITY SERVICES DIRECTORATE
	9.9	Community & Recreation Services
	9.9.1	Quarterly Report April to June 2021 - Community Services Directorate	74
	9.10	HACC Services
	9.11	Libraries & Cultural Services
		WORKS AND SERVICES DIRECTORATE
	9.12	Technical Services
	9.12.1	Request to Waive Bond for Installation of Private Services in Shire Road Reserve Adjacent 126 Giblett Street, Manjimup	76
	9.13	Works
	9.13.1	Quarterly Report April to June 2021 - Works and Services Directorate	79
	9.14	Parks & Gardens
	9.15	Occasional and Management Committees
	9.15.1	Unconfirmed Minutes of the Audit Committee Meeting Held 8 July 2021	81
	9.16	Advisory Committees
	9.16.1	Unconfirmed Minutes of the Bush Fire Advisory Committee Meeting held 16 June 2021	83
	9.16.2	Informal Notes of the Local Emergency Management Committee Meeting held 23 June 2021	86
Absolute	9.16.3	Unconfirmed Minutes of the Pemberton Town Activation Committee Meeting held on 29 June 2021	88

_____________________ / _____________________

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 90 of the Agenda with the exception of:

9.1.1 Proposed Periodic Review of Local Laws

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F170066
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	2 July 2021
DECLARATION OF INTEREST:	Nil

Background:

Section 3.16 of the Local Government Act 1995 (the Act) requires that a review of each local law occurs within a period of 8 years from the day a local law commenced or was last reviewed.

The review is to determine whether each local law should be repealed, amended or retained in its current form.

The Shire is due to complete 8 yearly reviews for the following local laws that were gazetted prior to 2013, including:

· Cemeteries Local Law 1990;

· Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Laws 2002;

· Dogs Local Law 2004 (as amended);

· Fencing Local Law 2012 (as amended); and

· Standing Orders Local Law 2013.

A copy of the Shire’s current Local Laws can be found on the Shire of Manjimup website at www.manjimup.wa.gov.au/our-documents/local-laws or can be obtained through the Shire Administration on request.

The purpose of this report is to recommend that Council commence the statutory review process, with the first step being to give local public notice of the intent to undertake the review of the above listed local laws and providing the ability for members of the public to make submissions for a minimum of 6 weeks.

PUBLIC Consultation Undertaken:

Periodic review of local laws requires public consultation which will be completed in the coming months.

COMMENT (Includes Options):

Once local public notice has been given and the submission period concluded, the procedure for making local laws under section 3.12 of the Act can commence if Council determines that a local law is in need of review.

Councillors may note that the Landfill and Waste Transfer Local Law 2007 has not been listed for review. This law has been redrafted and will be presented to Council in due course.

STATUTORY ENVIRONMENT:

Local Government Act 1995 section 3.16 – Periodic review of local laws

(1) Within a period of 8 years from the day when a local law commenced or a report of a review of the local law was accepted under this section, as the case requires, a local government is to carry out a review of the local law to determine whether or not it considers that it should be repealed or amended.

(2) The local government is to give local public notice stating that –

(a) the local government proposes to review the local law; and

(b) a copy of the local law may be inspected or obtained at any place specified in the notice; and

(c) submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.

(3) After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council.

(4) When its council has considered the report, the local government may determine* whether or not it considers that the local law should be repealed or amended.

* Absolute majority required

Policy / Strategic Implications:

Nil.

Organisational risk management:

There is minor reputational and compliance risk to Council should local laws not be reviewed in accordance with legislative requirements. This risk is mitigated by commencing the review process and ensuring that the Shire’s local laws remain contemporary and in line with industry best practice.

Financial Implications:

The cost of providing public notice to review the local laws as given above will be accommodated by Council’s adopted budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. resolves to undertake a review of the following Local Laws in accordance with section 3.16 of the Local Government Act 1995 and give local public notice of its intent to undertake the review of the:

a) Cemeteries Local Law 1990;

b) Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Laws 2002;

c) Dogs Local Law 2004 (as amended);

d) Fencing Local Law 2012 (as amended); and

e) Standing Orders Local Law 2013.

2. await an agenda item following close of advertising.

ATTACHMENT

9.1.3 Proposed Adoption of 2021/22 Annual Budget

PROPONENT	Chief Executive Officer
OWNER	N/A
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	Whole Shire
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160187
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell; Greg Lockwood
DATE OF REPORT:	20 July 2021
DECLARATION OF INTEREST:	Authors are employees of the Shire of Manjimup and own property in the Shire of Manjimup.

Background:

The 2021/22 Annual Budget Document is tabled for Council’s consideration and adoption.

DOCUMENT TABLED

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Council has provided significant input and review of the 2021/22 Annual Budget through the following processes:

· Shire of Manjimup Strategic Community Plan 2021-2031;

· Shire of Manjimup Corporate Business Plan 2021-2025;

· The 2021/22 Annual Budget has been influenced by recover from COVID-19 implications from the 2020/21 budget; and

· A program of Council information briefing sessions between March and July 2021.

Contained in the front section of the 2021/22 Annual Budget is a “Budget Overview” providing a summary of the main components of the budget including graphical presentation of trends over recent years.

Rate Rise

It is proposed that the average general rate rise across the district is 3.41%. The Valuer General assessed Shire of Manjimup Unimproved Value (UV) properties as at 1 July 2020. This revaluation has seen an overall decrease to the UV data base of approximately 7.5%. The Shire of Manjimup’s 2021/22 UV rate in the dollar has been adjusted up to reflect these value changes to give an average 3.4% rates change across the UV data base in 2021/22.

The Valuer General did not undertake a revaluation of Shire of Manjimup Gross Rental Value (GRV) properties as this occurs every 5 years and GRV properties were assessed 1 July 2018. The only variations to GRV valuations will be due to individual development on properties or some form of significant change that would affect the overall valuation.

Council Rating Policy

A special rate concession continues to be applied to Clubs and Sporting Groups so that only the licensed portion of their property is rated. The total amount of concessions proposed to be granted is $50,953.26. A rates exemption is proposed to be applied to disclaimed titles within the Warren River Resort, this exemption is only temporary until land tenure is finalised with the State Government. Including the Warren River Resort, rate waivers total $28,525.84 in 2021/22. Details of which are contained within the attachment.

ATTACHMENT: 9.1.3(1)

Fees & Charges

Fee & Charges are proposed to have a 0.9% increase representing CPI for the 2021/22 financial year. The 0.9% increase excludes statutory based fees determined by external State departments, however at this point there have been no increases to those Fees & Charges.

Reserves

The 2021/22 Annual Budget proposes to creat a new reserve account call Shire Solar Systems Maintenance Reserve. The purpose of the reserve is to funding preventative and reactive maintenance to Shire solar systems.

Loan Funds

The 2021/22 Annual Budget proposes three loans. The three loans are in fact a split of an undrawn down loan from the 2020/21 adopted budget. The 2020/21 loan was;

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

The 2021/22 Annual Budget proposes to split the loan into;

· $500,000 for Stage 2a – Recreation / Community Facilities Upgrades;

· $2,500,000 for Stage 2b – Collier Street / Rea Park Redevelopment; and

· $2,500,000 for Stage 2c – Collier Street / Rea Park Redevelopment

The Loan that formed part 2018/19 adopted budget for $500,000 - CBD Solar Efficiency Project, has $152,131 remaining to be expended, it is proposed to have a change of purpose to “Energy Efficiency Projects - Solar”.

STATUTORY ENVIRONMENT:

Adoption of the budget

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

Granting of a discount for early payment

Section 6.46 of the Local Government Act 1995 “Discounts” is applicable. As with previous years, it is proposed that for the 2021/22 budget, no early payment discounts apply.

Granting of rate concessions

Section 6.47 of the Local Government Act 1995 “Concessions” prescribes circumstances where concessions and waivers can be applied. Concessions are proposed for “Clubs and Sporting Groups licensed premises concession” to a total of $50,953.26. Waivers are proposed to be applied to the previously endorsed “not for profit” groups as well as the inclusion of waivers for disclaimed titles at the Warren River Resort totalling $28,525.84.

Policy / Strategic Implications:

Various strategic initiatives identified in the Shire of Manjimup Strategic Community Plan 2021-2031 and underlying documents are included in the 2021/22 Annual Budget. These initiatives are outlined in the “Budget Overview”.

Organisational risk management:

Adoption of the 2021/22 Annual Budget reduces financial risk to the organisation by clearly articulating what the Shire of Manjimup’s priorities are for the coming 12 months and how rates money is to be expended in achieving those priorities.

Financial Implications:

The financial implications of the 2021/22 budget are summarised in the budget overview, with further details provided in the budget document.

Rate in the dollar

The proposed rates in the dollar to be applied are:

2021/22 Proposed

cents / $

2020/21 Actual cents / $

Difference

cents / $

GRV

9.67040

9.34790

0.3225 increase

0.80778

0.72643

0.08135 increase

Total rates to be raised

The 2021/22 Annual Budget seeks to raise the following rates:

Gross rates to be raised	$10,127,374
Less Concessions granted for clubs & sporting groups	($79,479)
Net Rates to be raised	$10,047,895
Add Interims anticipated to be raised resulting from subdivisions	$30,000
Total Rates to be raised 2021/22 Annual Budget	$10,077,895

After allowing for real growth in the rate base of $3,581 it represents an increase of 3.43% over last year.

Minimum rates will increase as part of the 2021/22 to $988 for both the UV and GRV rates category.

Sustainability:

Environmental: The proposed 2021/22 Annual Budget endeavours to financially support key environmental initiatives and components of the operations of the Shire of Manjimup.

Economic: Sound financial management and accountability is the fundamental component of economic sustainability. The proposed 2021/22 Annual Budget delivers a sustainable and responsible economic outcome on behalf of Council.

Social: Local Government is a foundation of local community governance in Australia and sound financial management is required to execute responsibilities to the social betterment of the district.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1. Adopt the 2021/22 Annual Budget as tabled and set the following rates, discounts, instalments and interest for the 2021/22 financial year:

a. General Rates

(i) Gross Rental Value 9.6704 cents in the dollar

(ii) Unimproved Value 0.80778 cents in the dollar

b. Minimum Rates

(i) Gross Rental Value $988

(ii) Unimproved Value $988

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

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

c. Discounts

That no rate discount be provided on 2021/22 rates.

d. Due Date and Instalments

The due date for payment of rates shall be 17 September 2021.

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

Interest 4.0%

Administration Charge - $8.70 for each instalment totalling $26.10

Further that the instalment due dates are as follows:

1st instalment - Due 17 September 2021

2nd instalment - Due 26 November 2021

3rd instalment - Due 4 February 2022

4th Instalment - Due 19 April 2022

e. Late Payment Interest

That a late payment interest charge of 7.0%* be applied to outstanding moneys to Council as follows:

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

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

*Pensioners and Seniors are exempt from penalty interest.

2. Provide in accordance with Section 6.47 of the Local Government Act 1995, rating concessions to rates levied on sporting and social clubs so as to effectively only rate the licensed area, in addition to rate waivers for premises previously approved by Council, as specified in Attachment : 9.1.3(1)

3. Adopt the following waste collection fees and charges for the 2021/22 financial year:

Rubbish Bin Collection Service

240Litre Bin Collection; per bin $396.00

240Litre Pensioner Bin Collection; per bin $292.00

140Litre Bin Collection; per bin $229.50

140Litre Pensioner Bin Collection; per bin $173.00

240Litre Recycling Bin Collection; per bin $106.50

240Litre Pensioner Recycling Bin Collection; per bin $77.00

360Litre Recycling Bin Collection; per bin $127.00

ATTACHMENTS
1 ⇨	Proposed 2021/2022 Rating Concessions and Waivers	1 Page

9.2.1 Proposed Manjimup Community Centre Lease, Reserve 42114, to WA County Health Service

PROPONENT	Shire of Manjimup
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Lot 858 Mount Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Business
FILE REFERENCE:	F160783
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	13 July 2021
DECLARATION OF INTEREST:	Nil

Background:

At the meeting of 17 June 2021 (28512) Council considered expiring leases at the Manjimup Community Centre on Reserve 42114 and resolved to grant new leases to the following lessees:

· The Young Men’s Christian Association of Western Australia (YMCA / Timber Tots);

· Manjimup Family Centre Inc; and

· Anglicare WA Inc (Anglicare Financial Counselling).

Council also resolved to hold over the existing peppercorn lease to WA Country Health Services until a review of the lease fee has been completed and presented to Council. This agenda item is to reconsider the WA Country Health Services lease.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Historically the Shire has provided the WA Country Health Service with peppercorn leases for infant health facilities to support the provision of this service to the community. However, outgoing expenses that would ordinarily be the lessee’s responsibilities have not been recouped under the previous leases with WA Country Health Service at the Manjimup Community Centre. Although this has been occurring since the building was first occupied, a search of Shire records and previous lease documents has not found any agreements between the Shire and WACHS that provide for the Shire to be covering the outgoings.

A review has identified expenses directly attributable to the WA Country Health Service lease area as follows (annual amounts ex GST). This includes estimates for water, electricity, termite inspections and fire equipment servicing.

Lessee	Current Lease Fee	Cleaning	Other Expenses	Total Expenses / Proposed Lease Fee
WA Country Health	$0	$2,590	$1,010	$3,600

As noted in the agenda for the Council meeting of 17 June 2021, the Manjimup Community Centre lease fees should also recoup a relevant portion of the common area expenses. However, the previous and new lease fees do not include this. There were significant lease fee increases effective with the new leases for the expenses directly attributable to the lease areas. Recouping expenses for common areas may need to be reviewed for future lease agreements.

WA Country Health Service were notified of Council’s resolution of 17 June 2021 and of the total estimate expenses and therefore proposed lease fee of $3,600 per annum. WA Country Health Service responded with confirmation they wish to continue with a new lease.

The other leases at the Manjimup Community Centre are for a term of three years from 1 July 2021, with a renewal option of a further three year term. There are annual Consumer Price Index (CPI) increases for the lease fees. A review of the lease fees will then occur at the end of six years, if the renewal options are exercised, prior to a new lease. As the WA Country Health Service lease will now have a later commencement date it will be for a slightly shorter term to expire 30 June 2024 in line with the other leases.

STATUTORY ENVIRONMENT:

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

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

Policy / Strategic Implications:

Council Policy 4.2.8 Property Leasing.

Organisational risk management:

Nil.

Financial Implications:

Recovery of expenses by lease fees should be an equivalent arrangement to other peppercorn leases to community groups where they pay those expenses directly. This is not full cost recovery as it does not include building insurance, structural maintenance and other overheads.

The proposed lease fee to the WA Country Health Service lease will provide consistency with other lessees. The lease fee will be applied to the Manjimup Community Centre budget, which will assist in offsetting the overall costs of the Manjimup Community Centre to the Shire of Manjimup.

The lessee will be responsible for the lease preparation fee as set in Council’s fees and charges.

Sustainability:

Environmental: Nil.

Economic: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council lease portion of the Manjimup Community Centre to the WA County Health Service to 30 June 2024, with an option of a further three year term, at a rental of $3,600 (ex GST) per annum with annual Consumer Price Index (Perth) increases, subject to approval from the Minister for Lands.

ATTACHMENT

9.3.1 Council Financial Payments June 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:	Craig Martyn
DATE OF REPORT:	16 July 2021
DECLARATION OF INTEREST:	Nil

Background:

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

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The accounts for payment totalling $2,050,457.09 for the month of June 2021 are listed in the attachment.

ATTACHMENT: 9.3.1(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 29 July 2021.

Fund	Vouchers	Amount
Municipal	94731 – 94761	$95,747.21
Trust Fund	-	$0.00
Total Cheques for Month of June 2021		$95,747.21

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 29 July 2021.

Fund	Batch	Amount
Municipal	137 – 145	$1,954,709.88
Total EFT for Month of June 2021		$1,954,709.88

Corporate Credit Card Transactions 22 May 2021 to 21 June 2021 (Paid 5 July 2021) were unavailable at the time of writing this report.

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 June 2021 accounts for payment totalling $2,050,457.09 as detailed in the attachment: 9.3.1(1).

ATTACHMENTS
1 ⇨	List of Payments for June 2021	33 Pages

ATTACHMENT

9.3.2 Monthly Financial Activity Statement - May 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:	18 July 2021
DECLARATION OF INTEREST:	Nil

Background:

The Local Government (Financial Management) Regulations 1996 require monthly Financial Activity Statement reports to be prepared and presented to Council, containing the following information;

ü Annual budget estimates;

ü Estimates to end of month;

ü Actual expenditure;

ü Actual income;

ü Material variances; and

ü Net current assets.

The Financial Activity Statement report for the period to 31 May 2021 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.2 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 May 2021 is a projected loss of $34,650.

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.

A review of the accounts to the end of May 2021 has not revealed any major issues to report. Generally there have been minor to moderate issues both in the positive and negative related to income and expenditure. The negative issues are being continually monitored with possible offset accounts identified to meet any end of year shortfall.

Both positive and negative items have influenced the current projection, being;

Positive

· Dog Registrations $12,000 – The number of registrations has well exceeded budget with an additional $12,000 received to date;

· Fire Prevention Council Reserves $40,000 – Due to the funding received from the Mitigation Activity Fund shire funded works has been reduced;

· Development Fees (Planning/Building) $68,000 – Due to various stimulus packages and a high level of economic region in the Shire an extra $58,000 is expected from Planning Fees; and

· Electricity Charges Manjimup Regional AquaCentre $40,000 – Due to the implementation of the Solar System and various plant efficiency works the electricity accounts at the AquaCentre have been greatly reduced.

Negative

· Interest Income $70,000 – Interest income has been greatly reduced due to very low interest rates. Shire Officers continue to maximise interest earnings within the parameters of the Shire’s investment policy;

· Walpole Dump Point $15,000 – Walpole dump point continues to incur repair costs with its misuse. Items that shouldn’t be disposed of through this avenue are clogging up the inlets causing failures;

· Building Cleaning $24,000 – is projected to be higher than budget due to increased visitor numbers and the effects of additional cleaning requirements related to COVID;

· Entry Income Power Up Museum $65,000 – A lack of experience based tourism has seen entry to Power Up greatly reduced.

· Storm Damage $83,000 – 2020/21 has seen a large number of significant weather events that have required considerable work on clean up, these costs are generally offset by maintenance as staff members are charging time to storm damage rather than maintenance.

In summary, typical of this time of year, there is pressure to complete the 2020/2021 program but still maintain strong financial control to support a positive end of year position for the Shire. The projected loss of $34,650 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 May 2021 as per Attachment: 9.3.2(1).

ATTACHMENTS
1 ⇨	Monthly Financial Activity Statement - May 2021	14 Pages

ATTACHMENT

APPENDIX

9.5.1 Proposed Variation of Conditions of Approval to Industry Extractive at Lot 739 (274) Dingup Road, Dingup

PROPONENT	Dronow Contracting
OWNER	I A N Wauchope
LOCATION / ADDRESS:	Lot 739 (274) Dingup Road, Dingup
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/7 P56704
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	29 March 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application to vary conditions of an approved Industry - Extractive at Lot 739 (274) Dingup Road, Dingup. A location plan is provided below.

By way of summary, the applicant is seeking to vary the conditions of approval, imposed by Council on 22 March 2018 in order to:

a) Obtain approval to the use of a crusher head for the crushing of gravel on-site and increase the hours of operation for on-site activities; and

b) Increase the hours of permitted truck movements to between 6:30am until 5:30pm and truck movement numbers.

Council previously considered the application at its meeting 4 March 2021 where Council resolved (28408) as follows:

1. In accordance with Part 10 of Local Planning Scheme No 4 defer determination of the proposed Industry- Extractive on Lot 739 (274) Dingup Road, Dingup (TP7/2021) to allow the applicant to prepare and submit the following:

a) A Traffic Impact Assessment and Transport Management Plan prepared by a suitably qualified, independent consultant for the proposed haulage route demonstrating that the proposed increase in truck movements will not adversely impact on the road network condition or safety of road users; and

b) An updated noise management plan inclusive of an acoustic assessment that includes all extractive equipment and the associated attachments.

2. In accordance with Section 214 of the Planning & Development Act 2005, direct the applicant to immediately cease any and all activities involving the crushing of gravel on-site as such activities are in direct contravention of condition (b) of the Council’s previous decision dated 22 March 2018, unless the further approval of the Shire has been obtained.

A copy of the minutes of the meeting are appended.

APPENDIX: 9.5.1 (A)

The applicant has supplied a Traffic Management Plan and an updated Environmental Noise Assessment (ENA). The documents as submitted are attached.

ATTACHMENT: 9.5.1(1)

ATTACHMENT: 9.5.1(2)

PUBLIC Consultation Undertaken:

Consultation on the application closed on the 10 February 2021, with a total of 5 submissions being received either opposing the application. The main concerns raised by the community were with regards to the potential noise and traffic impacts associated with the requested increase to operational hours and traffic volumes. A copy of the Schedule of Submissions as presented to Council at the 4 March 2021 meeting is attached.

ATTACHMENT: 9.5.1(3)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Priority Agriculture Zone, where an Extractive Industry is an “A” use. That is a use which “is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with clause 9.6 of the Scheme.” With advertising of the proposed variation to the conditions completed, Council is requested to determine the application having regard to those submissions and the additional information submitted by the applicant.

To assist Council in determining the request to vary the conditions of approval, the following advice is provided on the documents supplied:

Traffic Impact Assessment and Transport Management Plan

The intent of the request for a Traffic Impact assessment is for the applicant to demonstrate how the proposed increase in traffic will impact on the road network and properties along the proposed haulage route. Alternatively, the applicant has submitted a Traffic Management Plan. Shire officers have reviewed the content of the document as submitted, however are not satisfied that the information adequately addresses the traffic impacts.

The applicant has been provided with guidance on the preparation of impact assessments and the Shire’s Technical Services section has offered assistance. As there has been a number of months since the submission of the Traffic Management Plan, and no further information submitted, Council is requested to consider the application.

In the opinion of Shire Officers consideration of the request to increase the hours where transportation is permitted should be refused or deferred pending receipt of a Traffic Impact Assessment and Transport Management Plan prepared by a suitably qualified, independent consultant in accordance with Council’s previous resolution.

Environmental Noise Assessment Report

The ENA includes an assessment on the gravel – extraction operations to determine compliance with the Environmental Protection (Noise) Regulations 1997 (the Regulations). The ENA set measures to minimum noise emissions including:

· building 4 metre high topsoil bunds along the eastern and northern pit edges during the topsoil strip period

· starting the gravel extraction from the north-east corner, working towards south-west and proceeding in different phases; and

· building 4 metre high gravel stockpiles within the pit and operate the extraction equipment behind the stockpiles.

The assessment concluded that full compliance will be achieved for the proposed gravel extraction operations. The applicant has confirmed that they are aware of the consultants recommendations and that they are not only agreeable to the mitigation measures but in fact proposed the measures themselves.

Shire officers have reviewed the ENA and in summary advise that in order for the operations to comply with the Regulations including the use of a rock breaker and crasher bucket, the noise bunds/stockpiles must be fully established before extraction activites.

Shire Officers have identified a few inconsistencies with the applicant’s proposal and the content of the assessment. The proposed hours of operation have been requested to be 6:30am to 5pm whereas the ENA report has been undertaken on the basis of 7am to 5pm. Should Council support the request to vary hours of operation, it is recommended that the hours identified in the ENA be imposed on the applicant.

Additionally, it was found that the location of the proposed pit, the area modelled in scenarios by the ENA consultant and the site currently being extracted under the approval, are not the same location. The approved location and that modelled by the consultant is approximately central to the property, however during a site inspection it was found that the applicant is extracting material east of the approved location. The extraction area is between 10-30 metres in height difference to the approved location.

Shire Officers questioned the applicant on this inconsistency and were advised that the modelling “allowed for this with the end of resource being located in the study area and it being of greater acoustic impact than the higher elevation area”.

The mitigation measures proposed by the applicant will need to be constructed and installed and are a critical component of noise management for the site. It is considered by Shire officers that the current noise complaints could have been reduced had the applicant completed full construction of the noise bunds before commencing operations.

The noise bund mitigation measures proposed are supported subject to modification to ensure that equipment that is operating from the side of the pit is screened by the stockpile. This could be achieved by extending the stockpile past the pit. Should Council support the request to vary the hours of operation, it is recommended that the noise mitigation measures be constructed in accordance with the ENA subject to modification.

Conclusion

The applicant has been able to demonstrate through a noise impact assessment that the on-site activities associated with operation of the Industry – Extractive, including the use of the specified crushing equipment, can be managed to mitigate any of the current noise impacts to surrounding landowners between the hours of 7am to 5pm. It is therefore recommended that this aspect of the application be conditionally approved.

In respect of the increased hours and number of truck movements, the applicant has not provided sufficient information to address the requirement for Traffic Impact Assessment and Transport Management Plan as previously required by Council. It is therefore recommended that this aspect of the application be deferred pending the receipt of the required plan to demonstrate that impacts associated with the increased traffic movements will be acceptable.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Environmental Protection (Noise) Regulations 1997.

Policy / Strategic Implications:

Approval to the proposed on-site activities, having regard to the ENA received would be consistent with Community Goal 2.4 of the Shire of Manjimup’s Strategic Community Plan, being:

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

Organisational risk management:

Nil.

Financial Implications:

The applicant has paid the application fees associated with a new application.

Sustainability:

Environmental: Nil.

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

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Local Planning Scheme No 4 approve the proposed application to increase the hours of operation for on-site activities associated with the Industry- Extractive on Lot 739 (274) Dingup Road, Dingup (TP7/2021) subject to the following conditions:

a) All activities undertaken on-site in respect of the proposed Industry-Extractive shall comply with the Environmental Noise Assessment dated 15 March 2021;

b) The activity hereby approved shall not include the screening or crushing of gravel on site, outside of that area allowed for in the approved Environmental Noise Assessment, unless otherwise approved by the Shire of Manjimup;

c) Prior to the commencement of the Industry- Extractive hereby approved and throughout the entire operation, the recommendations of the approved Environmental Noise Impact Assessment shall be implemented to the satisfaction of the Shire of Manjimup;

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

e) This planning approval shall expire on 29 July 2026 or once the extraction area has reached a total of 3ha and/or the volume of gravel extracted totals 60,000m³;

f) The operation of the Industry - Extractive activities on site shall be restricted to the hours 7:00am to 5:00pm, Mondays to Fridays only, but shall not operate on Public Holidays;

g) Truck movements associated with the land use hereby approved shall not exceed 20 movements per day (i.e 10 loads of gravel) as approved by Council on 22 March 2018;

h) The applicant shall install and maintain traffic control along all roads used by the development, warning other road users of trucks entering and using the public road system to the specification and satisfaction of the Shire of Manjimup;

i) Any damage to Perup or Balbarrup Roads caused by vehicles associated with the approved Industry - Extractive is to be repaired at the applicant’s cost to the satisfaction of the Shire of Manjimup;

j) All topsoil located within the area to be subject of extraction is to be stockpiled and replaced as part of the rehabilitation process to the satisfaction of the Shire of Manjimup;

k) The development must not create a nuisance to neighbours through airborne dust nuisance or noise. In this regard, and prior to the commencement of any such works, the developer is required to prepare and submit to local government for approval a Dust Management Plan covering the measures to be undertaken throughout the duration of the works, both on site, and along Balbarrup Road. The plan as may be approved by local government shall be implemented to its satisfaction.

l) No more than 1 hectare is to be open to extraction at any one time, with progressive rehabilitation of the site to be undertaken for those areas where extraction has been completed to the satisfaction of the Shire of Manjimup;

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

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

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

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

Advice to Applicant:

i) Further to condition No b) above, the applicant is advised that in accordance with EPA guidelines for Extractive Industries, a minimum buffer of 1000m is recommended between an extractive industry involving crushing and the nearest residence. In this case, as the extraction pits will be located less than 500m, the crushing or screening of gravel must be undertaken in accordance with the Environmental Noise Assessment dated 15 March 2021.

ii) The restrictions on the hours of operation and maximum truck movements have been imposed to limit the impact of the activity and associated truck movements on properties abutting Balbarrup Road.

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

2. Defer consideration of that portion of the application seeking to undertake additional transport activities outside of the original conditions of approval, pending the receipt of a Traffic Impact Assessment and Transport Management Plan in accordance with Council’s previous resolution passed on 4 March 2021.

ATTACHMENTS
1 ⇨	Attachment 1 - Revised Environmental Noise Impact Assessment	26 Pages
2 ⇨	Attachment 2 - Transport Management Plan	47 Pages
3 ⇨	Attachment 3 - Schedule of Submissions	6 Pages

APPENDICES
a ⇨	Appendix A - Minutes from Ordinary Council Meeting 4 March 2021	11 Pages

ATTACHMENT

9.5.2 Retrospective Steel Structure and Proposed Roof at Lot 300 (2), Reserve 50878 Wheatley Coast Road, Quinninup

PROPONENT	Quinninup Community Association Incorporated
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 300 (2), Reserve 50878 Wheatley Coast Road, Quinninup
WARD:	East
ZONE:	Public Purpose, Civic and Cultural
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/71; P54954
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	9 July 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for a Retrospective Steel Structure and Proposed Roof at Lot 300 (2), Reserve 50878 Wheatley Coast Road, Quinninup. A location plan is shown below, whilst a copy of the submitted application is shown attached.

ATTACHMENT: 9.5.2(1)

LOCATION PLAN

The property has an area of 1.65 hectares and was formerly a school site, which closed in 2004. The land was excised from State Forest to become Reserve 50878 and contains the former school buildings, tennis courts and oval, as well as the Quinninup fire brigade shed and public ablution block. The property is managed by the Shire of Manjimup with a portion leased to the Quinninup Community Association Inc. (QCA).

As a result of the QCA making enquiry regarding the potential for installation of a new solid roof on the structure, it came to the attention of Council officers that the framework has been installed some time ago, without the authorisation of the Shire. Examination of aerial photograph’s held by the Shire indicates that the structure was originally erected at some time between 2007 and 2013, apparently with a tarp or shade cloth covering.

The application is referred to Council for its determination as Shire officers do not have the delegated authority to determine applications for retrospective development approval.

PUBLIC Consultation Undertaken:

The application was referred to the Department of Biodiversity, Conservation and Attractions (DBCA) for a period of 42 days. DBCA has no objections or comments on the proposal.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) reserves the land for “Public Purposes”. In accordance with clause 3.4.2 of the Scheme, “in determining an application for planning approval, the local government is to have due regard to:

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

(ii) The ultimate purpose intended for the Reserve.”

In this case, the structure connects an existing undercover area with a walkway and the post/office and heritage room, for use by the QCA. This purpose is consistent with the intent of the reserve.

Clause 3.4.1 – Use and Development of Local Reserves

Under this clause, a person must not commence or carry out development on a local reserve without first having obtained planning approval. The applicant has submitted a retrospective development application so as to meet this requirement.

In accordance with clause 8.6 of the Scheme, “the local government may grant planning approval to a use or development already commenced or carried out regardless of the date, if the development conforms to the Scheme.”

Whilst the main structure has been erected, roofing is yet to be installed. Works to install a solid roof have been deferred until such time as a retrospective approval has been granted by Council.

Conclusion

Given that no objections were received and the works will not be detracting from the amenity of the area, it is recommended the proposal be supported.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Approval to the application as submitted would be consistent with the following Community Goals and Strategies as outlined within the Shire of Manjimup’s Strategic Community Plan 2021-2031:

Community Goal

3.7 Our community is vibrant, dynamic and fun because we have access to a broad range of art, cultural, social and recreational opportunities.

Strategies

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

Organisational risk management:

Nil.

Financial Implications:

In accordance with the provisions of clauses 4.1 and 4.2 of the Shire of Manjimup’s Local Planning Policy 6.1.1 – General Applications for Planning Consent, an application fee may be waived by the Chief Executive Officer (CEO) under the following circumstances:

· The request is made in writing by an incorporated sporting, charitable or other community group;

· The development will produce a community benefit;

· Regard must be given to the level of contribution made by the local government, whether other funding sources relating to the project have provided for the payment of the planning fees;

· The financial position of the body making the request;

· Whether an undesirable precedent for the waiving of fees would be created; and

· Any other matter the CEO considers relevant.

In this case, the application fee for this development was waived by the Director of Development and Regulation, whilst acting as CEO, as the request was consistent with the policy criteria. Following a review of the fee waiver by the CEO it has been highlighted that it may not be appropriate for application fees associated with retrospective applications to be waived at officer level.

To address this, it is recommended that Local Planning Policy 6.1.1 be amended to require any application for the waiving of fees relating to a retrospective applications to be referred to Council for determination.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The additional covered area will assist the QCA in catering for community activities on the reserve.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants retrospective planning approval to the proposed Steel Structure and Proposed Roof at Lot 300 (2), Reserve 50878 Wheatley Coast Road, Quinninup (Application TP63/2021) in accordance with the submitted plans as attached at 9.5.2(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
Sheet 1 of 8	Site Plan	01 June 2021
Sheet 2 of 8	Site Plan #1	01 June 2021
Sheet 3 of 8	Elevations	01 June 2021
Sheet 8 of 8	Perspective – Current & Proposed	01 June 2021

Advice to Applicant

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

ii. The retrospective building permit will require an assessment from a private Certified Building Surveyor.

iii. Propose development should not be located within 1.8m of any existing leach drains and 1.2m of any septic tanks on site. Any existing leach drains should not be located beneath areas subject to trafficable areas associated with proposed development.

2. Request the Chief Executive Officer to arrange for a review of the criteria for the waiving of application fees as outlined within Local Planning Policy 6.1.1 – General Applications for Planning Consent to ensure that all applications for the waiving of fees associated with retrospective applications are referred to Council for determination.

ATTACHMENTS
1 ⇨	Attachment No. 1 - Development Plans	4 Pages

ATTACHMENT

9.5.3 Proposed Outbuilding with Reduced Setback at Lot 90 (61) Karri Street, Walpole

PROPONENT	Sheds West Direct
OWNER	K G & V A Lund
LOCATION / ADDRESS:	Lot 90 (61) Karri Street, Walpole
WARD:	South
ZONE:	Residential (R10)
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/29 P54219
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	12 July 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for the establishment of an outbuilding with a reduced rear setback at Lot 90 (61) Karri Street, Walpole. A location plan is shown below.

LOCATION PLAN

The property has an area of 1,215m² and currently contains a dwelling, which received approval in 2005. Examination of aerial photography has identified that between 2017 and 2020, substantial clearing was undertaken at the rear of the property, with all significant vegetation being removed. Further information on this matter is provided within the Comment section below.

An application has been received for an outbuilding with setbacks of 2 metres to the northern side boundary and 4.5 metres to the rear boundary. Approval to the application would require a variation to the approved building envelope. Copies of the submitted plans are attached.

ATTACHMENT: 9.5.3(1)

The applicant was requested to provide justification for the variation to the setbacks. A copy of the response received is shown attached.

ATTACHMENT: 9.5.3(2)

As reflected within Attachment: 9.5.3(2), the justification provided was based on the fact that an outbuilding on a nearby property, subject to the same building envelope requirements had been developed with a 4 metre rear setback. Further information on the justification provided and the status of the outbuilding referred to is provided within the Comment Section of this agenda item.

Council is requested to determine the application as the justification provided for a setback relaxation is not considered adequate.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme to the adjoining landowners and to the Department of Biodiversity Conservation and Attractions (DBCA). No comments were received from the neighbours and DBCA advised they have no objection to the proposal. A copy of the advice from DBCA is attached.

ATTACHMENT: 9.5.3(3)

COMMENT (Includes Options):

The provisions of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) include the land within the Residential Zone with a density of R10. The property is located within Walpole Planning Precinct WP1 for Boronia Ridge which overlays building envelopes and development standards within a local planning policy.

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

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

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

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

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

(xxvi) any relevant submissions received on the application.

An assessment against the above criteria is provided within the balance of this agenda item and consideration needs to be given as to whether a condition should be imposed requiring some revegetation of the property.

Building Envelope

The subject property has a building envelope that has a 7.5 metre front and rear setback and 2 metre side setbacks. As reflected in Amendment No 68 to the Shire’s previous Town Planning Scheme No 2, the purpose of the Building Envelopes in this section of the Boronia Ridge Estate was to maximise the retention of vegetation on the property to protect:

(i) The visual amenity of the area, both on-site and from other vistas around the Walpole Inlet; and

(ii) The habitat of flora and fauna in the area.

Whilst the proposed outbuilding meets the side setback requirement, approval to the proposed rear setback of 4.5 metres may only be approved through a variation to the rear building envelope setback.

The Scheme allows for a variation to the position, shape, or size of a building envelope. Local Planning Policy 6.1.15 Boronia Ridge Development Standards provides guidance on the assessment of proposed building envelope variations based on site, vegetation or land conditions warranting a change. No justification to that effect has been supplied from the applicant or landowner.

Local Planning Policy 6.1.3

In order to guide the development and use of Outbuildings within the Shire, Council has adopted Local Planning Policy 6.1.3 – Outbuildings (the Policy). Council adopted the current version of the Policy on 8 July 2021. The Policy refers to State Planning Policy 7.3 Residential Design Codes Volume 1 (R-Codes) with regards to setback provisions.

Setbacks

If a building envelope did not apply to the property, setbacks would be required in accordance with the R-Codes. In accordance with clause 5.1.3 of the R-Codes, the building would normally be required to be setback 6 metres to the rear and 1 metre to the side in order to meet the ‘deemed to comply’ requirements. As a lesser setback of 4.5 metres is proposed to the rear boundary, the proposal is to be assessed against the design principles, being:

“Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties”.

A relaxation of the rear setback is unlikely to result in the development having any significant additional impact on the visual amenity of the neighbouring properties. It is also noted that the adjacent landowners did not object to the application.

Given that the rear of the property has been completely cleared of vegetation, it could be considered that a reduction in the rear setback from 7.5 metres to 4 metres would not result in any greater visual impact when viewed from the adjacent foreshore. If the property had not been cleared, some form of screening vegetation would reduce the appearance of the outbuilding.

Unauthorised Clearing

A review of the aerial imagery from 2017 to 2020 has identified that extensive vegetation clearing has been undertaken at the rear of the property, including the removal of trees. There are no records on file indicating that this has occurred with approval.

Anecdotal evidence from the Shire’s Chief Executive Officer indicates that this clearing took place at some point in 2018/2019. It is also noted that the current owners acquired the property in 2020, so it appears that the previous landowners completed the unauthorised clearing. Given this, and the fact the clearing works occurred more than 12 months ago, there is no ability for the Shire to commence legal action for a breach of the scheme requirements.

Notwithstanding that the clearing was undertaken by the previous landowners and the fact no legal action can be taken, it is recommended that consideration be given to requiring the current landowner to install screening vegetation, using native species, between the outbuilding and the rear boundary. This would equate to a 36m² area.

Justification

As outlined in the Background Section of this agenda item and reflected at Attachment: 9.5.3(2), the only justification provided by the applicants is that a shed on 65 Karri Street has been constructed with a 4 metre rear setback. Examination of Shire records confirmed that this outbuilding received approval for a 7.5 metre rear setback and that the outbuilding was not built in accordance with the approval granted.

Given this, the applicants were requested to provide additional justification, to which no response has been received.

As Shire Officers are now aware that the outbuilding on 65 Karri Street has been constructed contrary to the approved plans, this matter will be addressed with the owners of that property.

Conclusion

Whilst Shire Officers consider that the proposed outbuilding, being located to the rear of the property will meet the design principle the Policy and R-codes, a building envelope was in place to protect the existing vegetation, visual amenity of the neighbours and character of the locality.

Given that the rear of the property has been cleared of native vegetation, enforcement of a envelope on the basis of vegetation protection is no longer justified. It is recommended that the landowner be required to plant screening vegetation between the outbuilding and rear boundary, using vegetation native to the area.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

Approval of the application subject to a condition requiring the outbuilding setback to be revegetated aligns with the following strategies as outlined in the Shire of Manjimup’s Strategic Community Plan 2021 -2031:

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

A2. Implement measures to protect and enhance the amenity and diversity of the visual landscape.

Organisational risk management:

Nil.

Financial Implications:

The application fee has been paid for by the applicant.

Sustainability:

Environmental: Unauthorised land clearing has occurred on the property on land which is identified as an Environmentally Sensitive Area. The Department of Water and Environmental Protection has been advised of the clearing that has occurred.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council grant development approval to the proposed Outbuilding at Lot 90 (61) Karri Street, Walpole in accordance with Part 10 and Clause 5.5 of Local Planning Scheme No. 4 subject to compliance with the following conditions:

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

Reference	Document Title	Date Received
1.	Site Plan	25 February 2021
2.	Floor Plan (Foundation Plan and Member Layout)	25 February 2021
3.	Elevations	25 February 2021

2. The outbuilding hereby approved shall be constructed using cladding and metal roofing materials of a colour within keeping with the natural elements of the landscape. Zincalume or any other reflective material is not permitted;

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

4. Screening vegetation, using species native to the area shall be undertaken between the outbuilding and rear boundary to the satisfaction of the Shire of Manjimup; and

5. 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.

Advice to Applicant:

1. Whilst is it noted that the clearing of native vegetation at the rear of the property was undertaken by the previous landowner, the applicants are encouraged to consider at least partial revegetation of the site utilising plant species native to the area; and

2. 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.

ATTACHMENTS
1 ⇨	Attachment 1 - Proposed Development Plans	4 Pages
2 ⇨	Attachment 2 - Letter of Justification	1 Page
3 ⇨	Attachment 3 - DBCA submission	2 Pages

ATTACHMENT

9.5.4 Retrospective Application for Low Impact Tourist Accommodation at Lot 9274 (717) Grays Road, Collins

PROPONENT	Mrs J G Ryan
OWNER	Mrs J G & Mr G J Ryan
LOCATION / ADDRESS:	Lot 9274 (717) Grays Road
WARD:	West
ZONE:	General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/76 P53550
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	12 July 2021
DECLARATION OF INTEREST:	Nil

Background:

The subject land is 64.75 hectares in area and surrounded by State Forest to the north, west and south west. Similar rural land is located abutting the remaining boundaries. The property is used for agriculture and cropping and consists of a number of dams, some remnant riparian vegetation and a dwelling. A location plan is shown below.

LOCATION PLAN

A routine search of internet booking sites identified that holiday accommodation was being offered for short-term without the Shire’s prior planning approval. The landowner has now applied for retrospective approval for the ongoing use as a Low-Impact Tourist Accommodation.

Details of the application in support of the use, including a management plan are attached.

ATTACHMENT: 9.5.4(1)

As shown in Attachment: 9.5.4(1), the accommodation contains two (2) bedrooms, a bathroom, living, dining and kitchen and a front verandah. The key elements of the proposal are:

· A maximum number of guests as four (4) persons;

· The management of the property is undertaken by the land owner;

· The cleaning is undertaken by the land owner;

· A timber sign of 400mm x 200mm exists on the entry gate;

· The Emergency Evacuation Plan as submitted will be implemented;

· The driveway is available for parking; and

· Bookings are through online accommodation sites.

The accommodation is being offered within a “Tiny Home on Wheels” which is connected to a 9,000 litre rain water tank. Although the accommodation contains a bathroom with toilet, an additional timber outhouse is located a few metres from the accommodation. The applicant has erected a steel frame patio to the front to the accommodation. The accommodation unit is not self contained as it does not contain a laundry.

This application is referred to Council for determination as Shire Officers do not have delegated authority to process applications of a retrospective nature.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of Local Planning Scheme No. 4 (the Scheme) for a 21 day period to all adjoining landowners, within the local paper circulating the Shire, a sign on site and notification to the Ward Councillor. Submissions closed 14 July 2021.

The application was also referred to the Department of Biodiversity Conservation and Attractions (DBCA) due to the proximity of State Forest and National Park. The DBCA had not objections or comments to make. It’s submission is attached.

ATTACHMENT: 9.5.4(2)

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No 4 (the Scheme) include the subject land within the General Agriculture Zone. To assist Council, the following comments are offered:

Land Use Definition

The provisions of the Scheme define a caravan as a “wheeled unit, whether currently equipped with wheels or not, capable of being used for residential accommodation or other purposes and includes self-propelled units of a similar nature.” A “Tiny Home on Wheels” is therefore consistent with the definition of a Caravan.

Land Use Classification

Table 1 of the Scheme identifies that various forms of Holiday Accommodation may be considered within the General Agriculture Zone. Having regard to the fact that the use involves the use of a “Tiny Home on Wheels”, being consistent with the Scheme definition of a Caravan, the use could be considered as either a “Caravan Park” or “Low-Impact Tourist Accommodation – Short Stay”, which are defined as follows:

“caravan park” means an area set aside for the parking of caravans under the by-laws of the local government or the Health Act (Caravan Parks and Camping Grounds) Regulations 1974, made pursuant to the provisions of the Health Act 1911 (as amended), or any amendment thereto, or any regulation or by-laws from time to time standing in place of them;

“low-impact tourist development - short stay” is a development of predominately tourist nature which meets the criteria of “Low-Impact Development”

As defined by the Scheme, ‘Low-Impact Development’ means the use and development of land in such a manner that does not detract from the rural and natural amenity of the locality, and includes the following criteria:

· Development being located so as to avoid ridge line, escarpments or visually exposed sites and situated where screening vegetation or land form can be utilised;

· Use and development being sensitively located and designed to minimise impact on vegetation, water courses, soils quality and existing land uses;

· Development being of a scale and nature so as to be self-sustaining on the lot, or demonstrating the ability to provide servicing without significant modifications to existing infrastructure;

· Development that by nature of its scale, design, colours, materials, landscaping and use, has minimal impact on its site and surrounding areas; and

· Where the land use and any development had minimal offsite consequence.

Given that the proposal, involves the use of a single “Caravan”, which is not self-contained, the use is best classified as “Low-Impact Tourist Development – Short Stay”. The proposal is considered consistent with the land use definition, given that its location is isolated from neighbouring properties and is connected to solar power and rainwater.

Land Use Permissibility

Low-Impact Tourist Accommodation – Short Stay is an ‘A’ use within the General Agriculture Zone that is, a use which is “not permitted unless the local government has exercised its discretion by granting approval after giving special notice in accordance with Clause 9.6”.

Matters to be Considered

Clause 10.2 of the Scheme requires that Council has regard to various matters when determining an application for Development Approval. These matters include, but are not limited to:

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

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

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

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

Advice on these matters is provided below.

Consistency with Zoning

The proposed tourist accommodation is considered to meet the objectives of the General Agriculture Zone, which include:-

(iii) to permit low impact tourist accommodation – short stay proposals where relevant provided that an impact from any such land uses or development is contained on site.

The proposed Low-Impact Tourist Development – Short Stay will provide the owner with a source of income in addition to income that may be generated from rural activities undertaken on-site.

Impact on Amenity of the Area

Provided that the behaviour of future occupants is appropriately managed, the proposed short stay accommodation is not expected to have any impact upon the amenity of the surrounding area or environmental attributes of the area.

Consistency with Adjacent Land use

Inspection of the site and examination of aerial photography indicates that there are a range of agricultural/rural activities being undertaken on the adjacent land in addition to either State Forest or Nation Park reserves.

Whilst occupation of the accommodation is not likely to restrict agricultural activities on the surrounding land, it is recommended that the applicants be required to advise prospective occupants that the accommodation is provided in a rural environment.

Health (Miscellaneous Provisions) Act, 1911

The proposed use will be required to operate in compliance with all relevant requirements of the Health (Miscellaneous Provisions) Act, 1911. It is recommended that an advice note be included on any approval granted by Council to reflect this.

It is also recommended that the applicant be advised that a permit is required for the on-site effluent disposal system.

Potable Water Supply

The applicants have, in support of their application, advised that the accommodation is connected to a 9,000 litre water tank. The Shire’s Principal Environmental Health Officer has advised that as the development will need to be approved under the Caravan Park and Camping Grounds Act 1995, there is a requirement for the operators to provide potable drinking water at 300L/site/day. They further advise that the quality of the water is required to meet Australian Drinking Water Guidelines and they will need to have an appropriate treatment method.

It is recommended that advice notes be included to ensure that the applicant is aware of the above requirements.

Compliance with Building Act 2011

To date, the applicants have not obtained a building permit for the now existing patio and timber outhouse. It is recommended that an advice note be included to ensure the applicants are aware these approvals must be obtained.

Potential for Legal Action

Given that the activity involved the undertaking of works without the required approval of the Shire, Shire Officers have issued the owners with a modified penalty of $500.

Conclusion

The use of a Tiny Home on Wheels for short stay accommodation as proposed is consistent with the land use definition of Low-Impact Tourist Accommodation – Short Stay and requirements of the Scheme. Conditional approval is therefore recommended.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Shire of Manjimup 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 2021-31:

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: The accommodation uses solar power and rain water, limiting any environmental impact associated with the proposal.

Economic: The proposal if approved by Council will allow the proponent to increase business activity on the property and potentially increase the economic return of the property.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, in accordance with clause 8.6 and Part 10 of the Shire of Manjimup Local Planning Scheme No 4 grants approval to the proposed “Low-Impact Tourist Accommodation” at Lot 9274 (717) Grays Road, Collins (TP 67/2021) in accordance with the submitted plans as shown as Attachment 9.5.4(1) and subject to compliance with the following conditions:

1. The use as permitted shall operate in accordance with the submitted plans and supporting documents as listed below:

Reference	Document Title	Date Received
1	Site Plan	12 June 2021
2.	Floor Plan	3 June 2021
3.	Management Plan	3 June 2021
4.	Evacuation Plan	3 June 2021

2. The development approval is granted for a period expiring on 30^th June 2022 only after which period the use shall cease unless an application to renew this use is submitted prior to the expiration of this period seeking approval for the Holiday Accommodation to be continued for a further period of 12 months has been submitted and approved by the Shire of Manjimup.

3. Arrangements being made to the satisfaction of the Shire of Manjimup Chief Executive Officer, for guests to be made aware that the accommodation hereby approved is located in an Agriculture Zone and that there is potential for existing rural operations in the area to impact on the amenity of the property to be affected by noise, odour, dust and spray drift.

4. The applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup within 2 months of the date of this approval;

5. The Low Impact Tourist Accommodation – Short Stay is not to be occupied by a person for more than three (3) months within any twelve (12) month period. In this regard, the manager/operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the Shire of Manjimup on demand;

6. The applicant shall provide a suitable source of potable drinking water at a rate of 300L day, with the quality of the water required to meet Australian Drinking Water Guidelines.

7. The potable water supply referred to in condition 6, shall be maintained to the satisfaction of the Shire of Manjimup for the duration of the use hereby approved;

8. The Emergency Evacuation Response Plan, including the provision of the Manager’s contact details, is to be displayed in the Low Impact Tourist Accommodation – Short Stay at all times; and

9. All parking for guests is to be provided for on-site for the use of users of the Low Impact Tourist Accommodation – Short Stay.

Advice to Applicant:

a) The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act, 1911, and the Building Act 2016;

b) Please note that the use of the accommodation proposed may require the installation of additional smoke alarms and emergency lighting for a Class 1b building as detailed in the Building Code of Australia, Part 3.7.2, Smoke Alarms;

c) The applicant is required to liaise with the Shire’s Principal Environmental Health Officer to ensure approval is obtained for the on-site wastewater system;

d) Further to Condition 6, the applicant is advised that potable drinking water is required to be provided at a rate of 300L/day, with water quality to comply with the Australian Drinking Water Guidelines and periodical testing of the water is required to verify this quality. In terms of bacterial quality there is a need to have an appropriate treatment method (ie chlorination or UV filter). It is recommended that the applicant liaise with the Shire’s Principal Environmental Health Officer over these matters;

e) Your attention is drawn to the fact that firebreaks and low fuel zones are to be maintained to the satisfaction of the Shire of Manjimup around all boundaries, buildings on the subject property and the development hereby approved, in accordance with the requirements of the Annual Shire Firebreak Notice endorsed by Shire of Manjimup; and

f) The applicant is advised to liaise with the Shire of Manjimup in respect of any proposed directional signage.

ATTACHMENTS
1 ⇨	Attachment 1 - Development Plans and Information	8 Pages
2 ⇨	Attachment 2 - DBCA submission	1 Page

ATTACHMENT

APPENDIX

9.5.5 Recommended Modifications to Proposed Scheme Amendment No 24 Prior to Advertising - Lot 7489 (107) Burma Road, Pemberton

PROPONENT	Shire of Manjimup Able Planning and Project Management
OWNER	GV Holdings Pty Ltd, Mr J S & Mrs J M Evans and the State of Western Australia
LOCATION / ADDRESS:	Lot 7489 (107) and Lot 11286 (105) Burma Road, Pemberton
WARD:	West
ZONE:	Future Development Zone
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/152 P55212
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	16 July 2021
DECLARATION OF INTEREST:	Nil

Background:

The subject land, commonly known as the Gloucester Ridge Winery is located at Lot 7489 (107) Burma Road, Pemberton. The land and adjoining Lot 11286 (105) were rezoned from “Rural” to “Special Development” under Town Planning Scheme No. 2 in 2009. A location plan is shown below.

LOCATION PLAN

Elected members would be aware that Gloucester Ridge has been for sale for a number of years. A prospective purchaser initiated Amendment 24, however that sale has fallen through. A new purchaser is looking to acquire the property and continue with the amendment process and proceed with subdivision as soon as possible.

Council at its Ordinary Meeting 13 August 2020 resolved to amend Local Planning Scheme No. 4 (the Scheme) to:

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

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

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

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

e. Amend Division B of Schedule 11 of the Scheme Text.

An excerpt of the relevant Minutes is shown appended.

APPENDIX: 9.5.5(A)

As the proposed amendment was classified as Complex, the documents were referred to the Western Australian Planning Commission (WAPC) for approval to advertise and to the Environmental Protection Authority (EPA) for consideration of an Environmental Impact Assessment requirement.

The EPA has advised that it has decided not to assess the proposal and the WAPC has recommended some modifications. The initial advice from the WAPC was questioned by Shire officers and revised advice has been received. A copy of the WAPC recommendation is provided attached.

ATTACHMENT: 9.5.5(1)

Council is now requested to consider the recommended modifications received from the WAPC as the recommended modifications to the Scheme text are outside of the amendment resolution made by Council.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As shown at Attachment: 9.5.5(1) the WAPC has requested several modifications to the amendment. These modifications are summarised below, along with the Shire Officers response.

Requirement for Structure Plan

Being within Special Control Area 11, the current provisions of the Scheme require a structure plan to be prepared which addresses a number of technical investigations to inform a subdivision design. The 2009 Structure Plan included a range of technical investigations which demonstrated that a density of R20 could be delivered.

As the current amendment proposes to reduce the density to a R5, the WAPC has advised that a new Structure Plan may not be required if the technical investigations can be prepared prior to subdivision. As a result, the Commission has recommended that reference to the Structure Plan area SCA9/11 be deleted from the Scheme text.

The recommended modifications are supported as it will reduce the legislative processes that the applicant will be required to undertake and will potentially result in lots being delivered on the ground sooner.

Structure Plan Areas

The WAPC has also suggested that the current Scheme provisions contained within clause 6.4 be amended to reflect the provisions for structure plans contained within the Planning and Development (Local Planning Schemes) Regulations 2015 – Deemed Provisions.

Whilst the Commission correspondence outlines that the modification is only suggested, not following this suggestion has the potential to delay the amendment post advertising.

As this aspect of the suggested modifications relates the greater scheme requirements, rather than the subject land, it is considered that it would be unreasonable to require a private landowner to effect this modification at their cost. As such, the Chief Executive Officer has agreed to finalise the documents by undertaking the recommended modifications in-house prior to advertising.

Land ownership

Shire officers have liaised with a prospective purchaser of the property who is supportive of the intent of the amendment and is aware of the recommended modifications by the WAPC.

Conclusion

Given the recommended modifications suggest amendments to text within the body of the Scheme which relate to the Deemed Provisions for structure plans. As these modifications did not form part of Council’s resolution on 13 August 2020, Council is requested to consider the additional amendments to the Scheme.

STATUTORY ENVIRONMENT:

In accordance with the provisions of the Planning and Development Act 2005 and the associated Regulations, consent must be obtained from the Western Australian Planning Commission for consent to advertise a complex amendment. Once the modifications are undertaken, no further approvals are required prior to advertising.

Policy / Strategic Implications:

The proposed Scheme amendment addresses a number of Strategies outlined in the Shire of Manjimup Strategic Community Plan 2021-2031 by:

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

· meeting the changing needs of the community and industry; and

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

Amending the zoning of the subject land as proposed is consistent with the following Community Goals and Strategies relating to ‘Our Prosperity” as identified in the Shire of Manjimup Strategic Community Plan 2021-31:

Community Goals

2.1 New people and businesses are attracted to the region;

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

Strategies

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

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

Organisational risk management:

There is a risk that if the WAPC recommended modifications are not incorporated prior to advertising that the amendment may need to undergo further advertising at the request of the Minister for Planning.

Financial Implications:

The cost of advertising will be recouped from the applicant.

Sustainability:

Environmental: Nil.

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

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Note the Western Australian Planning Commission’s correspondence regarding proposed Local Planning Scheme Amendment No 24 as shown at Attachment: 9.5.5(1);

2. Notwithstanding Resolution 28215 passed on 13 August 2020, resolve to modify the Scheme Amendment documents in order to amend clause 6.4 of Local Planning Scheme No. 4 as suggested and advise the Western Australian Planning Commission and applicants accordingly; and

3. Agree to all other amendments as required by the Western Australian Planning Commission as shown at Attachment: 9.5.5(1);

4. Following completion of the modifications as referred to above, advertise the amendment for a period of not less than 42 days in accordance with Regulation 38 of the Planning and Development (Local Planning Scheme) Regulations 2015;

5. Forward advice of the resolution of Council to the Western Australian Planning Commission for their information and future reference; and

6. Await a further officer report on the amendment following the close of advertising referred to in point 4 above.

ATTACHMENTS
1 ⇨	Attachment 1 - DPLH Recommended Modifications	4 Pages

APPENDICES
a ⇨	Appendix A - Ordinary Council Minutes 13 August 2020	9 Pages

ATTACHMENT

APPENDIX

9.5.6 Application for Retrospective Approval for a Dam at Lot 1 Tynans Road, Jardee

PROPONENT	Mr G Terrigno
OWNER	Mr G Terrigno
LOCATION / ADDRESS:	Lot 1 Tynans Road, Jardee
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA21/49; P57014
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	19 July 2021
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held on 17 June 2021 Council was requested to consider an application for Retrospective Approval to a proposed Dam on the subject land being a 13.87ha rural property as shown on the location plan below. An excerpt of the relevant Council minutes is appended.

APPENDIX: 9.5.6(A)

Location Plan

As detailed in the application, the dam has been constructed with a capacity of 60 Megalitres over an area of approximately 1 hectare. The dam has an outer wall of up to 7 metres in height with a wall length of 300 metres. The toe of the dam wall has been constructed approximately 5 metres from both the neighbouring properties boundaries. A copy of the application as submitted is shown attached.

ATTACHMENT: 9.5.6(1)

As reflected within Appendix: 9.5.6(A), Council resolved to defer consideration of the application pending further advice from the Department of Water and Environmental Regulation in respect of water allocations and the environment. Whilst DWER officers have advised that no additional advice is available at this time, due to the matter still being under investigation, Council is requested to determine the application given the application will otherwise be deemed refused.

PUBLIC Consultation Undertaken:

As reflected within Appendix: 9.5.6(A), the retrospective application was advertised in accordance with Clause 9.6 of Local Planning Scheme No. 4 (the Scheme) for a period of 42 days to DWER, Department of Biodiversity, Conservation and Attractions (DBCA) and for 21 days to adjoining affected landowners.

At the time, comments were received from the adjoining landowners and DBCA. A summary of the submissions received as presented to the 17 June 2021 Council meeting is shown attached along with full copies of the submissions.

ATTACHMENT: 9.5.6(2)

ATTACHMENT: 9.5.6(3)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 include the subject land within the Priority Agriculture zone. The purpose of this zone is to provide for the sustainable use of rural land which primarily accommodates a range of rural pursuits compatible with the land compatibility and retains the character and amenity of the locality.

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

In this case, the applicant submitted plans showing the retrospective dam is setback 5 metres from the boundaries.

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

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

Retrospective Approval

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

A decision to grant retrospective approval does not prevent the local government from taking action for breach of the Scheme requirements for prior approval to be obtained. In this case, given the setbacks clearly do not comply with the requirement for a 20 metre setback a clear breach of the Scheme has occurred. Separate correspondence has been forwarded to the landowner requesting them to show cause as to why action should not be taken.

Matters to be Considered

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

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

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

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

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

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

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

These considerations are addressed within the sections below.

The Scheme

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

In determining an application for a reduction in setbacks, in accordance with Clause 5.34.2.4(3) the local government is required to consider a range of matters including the possible bush fire hazards. As the 5 metre setback provides adequate room to achieve a firebreak and manage any overflow infrastructure, the variation may be supported provided that Council is satisfied with respect to any potential impact on the amenity of the adjacent properties or the area in general. Further advice as to the impact on the amenity is provided below.

Special Control Area

In addition to zoning the land, the provisions of the Scheme include the subject land within Special Control Area No 1. The purpose and intent of this Special Control Area, as outlined in the Scheme is to:

a) To identify the proclaimed Public Drinking Water Source Protection Areas (PDWSA); and

b) To ensure that land use and development within PDWSA is compatible with the provisions and long term management of water reources for public supply.

In determining any development within a PDWSA clause 5.10.1 of the Scheme requires that the local government will have due regard to the potential impact on water supplies and the compatibility of the proposed use. In addition the Scheme states that:

“There will be a general presumption against development or use which involves significant risk to the resource. The onus is on the applicant to demonstrate that proposal will not prejudice the protection of water quality and supply.”

The landowner has provided a further submission to address the above requirements and the Shire Officers assessment of the type of dam proposed. A copy of that submission is shown attached.

ATTACHMENT: 9.5.6(4)

The above said, no additional comments have been provided from DWER, so it is no possible at this stage for officers to determine if DWER consider the Dam is compatible with the PDWSA.

Impact on Amenity and Relationship with Adjacent Land/Development

Within their submission(s), the adjacent landowners have advised that in their opinion will impact on the use and development of their land, largely due to potential impacts on water flow. In regard to this, DWER has confirmed in their submission that the dam “has the potential for impact on environment and/or water resource values and/or management”.

In terms of impact on the amenity and the dam’s relationship with the adjacent land, it is noted that the only built development (including a dwelling) is located some 360 metres from the common boundary. There is therefore no detrimental visual impacts and the only potential impacts relate solely to water rights and environmental considerations relating to water flow.

Relaxation of Standards

In accordance with Clause 5.5 of the Scheme, the local government may approve an application for planning approval, despite the application not complying with the standard or requirement prescribed under the Scheme However prior to relaxing a standard, the local government must be satisfied that:

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

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

In this case, a relaxation of the side boundary setback from 20 metres to 5 metres will not adversely effect the amenity of the area, so the setback itself is acceptable. The key issue in terms of the adjacent landowner(s) and DWER’s submission relate to water rights and impact on the environment.

Policy Assessment

Local Planning Policy LPS4 6.1.22 – Dams (Policy) provides guidance and ensures a consistent approach when considering application for Dams. In accordance with the Policy, the level of risk is assessed having regard to factors such as the location, type of dam the location of other dams downstream and the dam size and wall height.

As reported to Council at its 17 June 2021 meeting, the applicant in their submission stated that the dam is a catchment dam. Contrary to this, advice provided by DWER to the objectors indicated in their opinion that the dam was in fact on-stream.

In their latest submission, shown at Attachment: 9.5.6 (4), the landowner has re-iterated their view that the dam is in fact a catchment dam. They have further stated that “there is no defined or identifiable bed or banks on the land”, there is no riparian vegetation and the water flow is intermittent. On further examination of the submissions received, it is noted that one of the two objections received stated that the dam “could take water from a winter watercourse.”

In terms of the Shire Officer’s risk assessment against the Policy, the risk score does not dramatically change whether the dam is a catchment dam or an intermittent stream flow. A revised risk assessment has been undertaken as shown below:

Risk Category	Score
Construction Type (Catchment/Seasonal On Stream Dam)	1/2
Volume (10-100ML))	3
Wall Height (5-10m)	3
Dam Wall Design (designed by others)	3
Infrastructure Downstream (Other Dams)	3
Overflow infrastructure proposed (dam bypass by others)	1
TOTAL	14/15

In accordance with provision of 6.2 of the Policy dams that score between 10 and 15 are considered medium risk. As a medium risk dam, the Policy recommends that advice be given to the landowner, but no requirement for Engineering Certification be imposed.

Correspondence has been received from a Mr Rob Danti confirming that he along with the landowner completed the Dam construction. Mr Danti advises that he has over 40 years experience in dam construction and considers that “the finished dam is of a very high standard”. A copy of the correspondence received is shown attached.

ATTACHMENT: 9.5.6(5)

Should Council approve the application, recommended that an advice note be included on any approval advising the landowners that they are responsible for the structural integrity of the dam construction.

Submissions Received

DBCA have stated that they have no comments or objections to the proposal.

Submissions received from DWER and the adjoining landowners are detailed in the Schedule of submissions along with relevant officer comments and within the Comment section above.

The adjacent landowners have been in regular contact with both DWER and the Shire over the status of the application, maintaining their strong objection to the dama and urging the Shire not to grant retrospective approval to the dam.

Environmental Impact

As reflected within the landowners latest submission, construction of the dam did not require the clearing of any native vegetation. As a result potential environmental issues relate to:

a) The allocation of Water, which must be determined by DWER;

b) Environmental implications associated with water flow; and

c) Appropriate handling of overflow water to ensure that erosion does not occur.

Management of Erosion

In an email received from the adjacent landowners on 20 July 2021, they have supplied photographs of the dam, which is now full, demonstrating that water bypassing the dam is resulting in erosion between the dam wall and the western side boundary. This erosion is impacting on the ability of the landowner to provide a firebreak along the western boundary, as required by the Shire of Manjimup’s annual firebreak notice.

Left untreated there is potential for the erosion to continue, impacting on either the dam wall or adjacent land. Modification of the current overflow infrastructure should be require to prevent this from occurring.

Timely Processing of Applications

In the event that Council does not determine the application at this meeting, the provisions of the Scheme outline that the application shall be deemed to be refused, opening up the applicants rights to have the matter determined by the State Administrative Tribunal.

Potential for Legal Action

As the dam was constructed without the required prior planning consent, there is potential for Council to:

a) Resolve to take legal action for a breach of the Scheme; or

b) Issue a modified penalty of $500 in accordance with the provisions of the Planning and Development Act 2005 and associated regulations.

The landowner was requested to ‘show cause’ as to why legal action should not be taken. In response, correspondence from the applicant/landowners legal representative:

a) Questions the ability to issue a penalty, highlighting that the retrospective application fee includes additional fees by way of penalty;

b) Highlights that the applicant has been co-operative in making the application upon learning that approval was required; and

c) Requests in any event that Council defer taking any enforcement action until the Shire Council has obtained the additional information from DWER to enable it to consider the development application.

A full copy of the correspondence will be provided to elected members prior to the Council meeting.

Elected members are advised that the ability for a penalty to be issued, or legal action to be taken is clearly reflected within the Planning and Development Act 2005. It is also considered that whilst DWER has not finalised its advice on this matter, DWER’s advice is not relevant consideration as to whether legal action should be taken for the construction of the dam within 20 metres of the boundary without the landowner first obtaining approval.

Given the substantial nature of the works undertaken without approval, it is recommended that Council proceed with legal action for the breach of the Scheme requirement for prior approval to be obtained.

Conclusion

Council previously resolved to defer consideration of the application pending the further advice of DWER. Whilst no further advice has been received from DWER, it is recommended that the application be determined by Council to prevent the application being “Deemed Refused”.

Given that the issues associated with the application relate to water allocation and potential impacts on the environment, associated with the water flow, it is recommended that the application be approved and the applicant continue to liaise with DWER over these matters.

STATUTORY ENVIRONMENT:

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

In accordance with clause 75 of the Deemed to Apply provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, if the application is not determined within a period of 90 days, or “within a longer time agreed in writing between the applicant and the local government”, then the application shall be taken to have been deemed refused.

As the application was lodged with the Shire on 7 April 2021 and the applicant is not prepared to agree to any further extension of time, it is recommended that the application be determined.

Policy / Strategic Implications:

As outlined above, the application has been assessed against Local Planning Policy 6.1.22 – Dams.

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Potential environmental impacts relate to whether in fact the dam is located on a water course, which is yet to be determined by DWER.

Economic: Establishing a water storage area will assist towards a suitable supply of water for horticultural purposes.

Social: The primary issue associated with this application relates to whether the dam will impact on the water rights of the adjacent landowner, which will be determined by DWER in due course.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Grant retrospective development approval in accordance with Part 10 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No. 4 to the proposed dam with a Reduced Setback on Lot 1 Tynan’s Road, Jardee in accordance with the plans and specifications attached at Attachment: 9.5.6(1) subject to the following conditions and advice:

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

Reference	Document Title	Date Received
1.	Dam Design and information	7 April 2021
Form	Additional information for dam construction	7 April 2021

b) The setbacks shown on the approved plans are to be to the toe of the dam wall;

c) Water from the dam is prohibited to accumulate across property boundaries;

d) Overflow waters associated with the dam hereby approved shall not result in the accumulation of water or erosion on the adjacent property to the satisfaction of the Shire of Manjimup.

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

f) In the event that the Department of Water and Environmental Regulation refuse the landowners application for a Water Allocation, the dam wall and all associated infrastructure shall be removed from the property within 90 days of the Department’s decision, or from any final determination from a statutory body under appeal provisions.

Advice to Applicant:

i) This approval shall not be construed as approval to a Water Allocation which must be obtained from the Department of Water and Environmental Regulation;

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

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

2. Request the Chief Executive Officer proceed with legal action against the landowner for the completion of works without prior planning approval of the Shire of Manjimup as required by the provisions of Local Planning Scheme No 4; and

3. Advise those persons who lodged submissions and the Department of Water and Environmental Regulation accordingly.

ATTACHMENTS
1 ⇨	Attachment No 1 - Copy of Application Details	3 Pages
2 ⇨	Attachment No 1 - Schedule of Submission as presented at 17 June 2021 meeting	10 Pages
3 ⇨	Attachment No 2 - Full copies of Submissions received	21 Pages
4 ⇨	Attachment No 4 - Additional Comments from the landowner	5 Pages
5 ⇨	Attachment No 5 - Correspondence from Dam Contractor	1 Page

APPENDICES
a ⇨	Appendix A - Except of Minutes 17 June 2021	8 Pages

ATTACHMENT

9.7.1 Application to keep more than Two Cats at Lot 4 (12) Cronin Street, Manjimup

PROPONENT	Ms Jennifer Little
OWNER	Mrs P E & Estate of Late J Little & Ms J A Little
LOCATION / ADDRESS:	Lot 4 (12) Cronin Street, Manjimup
WARD:	Central
ZONE:	Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161270
LEGISLATION:	Cat Act 2011 Shire of Manjimup Cat Local Law 2021
AUTHOR:	Craig McSharer
DATE OF REPORT:	21 June 2021
DECLARATION OF INTEREST:	Nil

Background:

In June 2021, Shire Officers received a call requesting assistance to remove a suspected feral cat from a property on Cronin Street, Manjimup. Upon arrival, it was identified by the caller that more than two cats were residing at 12 Cronin Street and that the suspected feral cat was visiting this address. It was also noted the owner had not obtained a permit to keep more than the prescribed number of cats as per the Shire of Manjimup Cat Local Law 2021.

A Shire Officer subsequently attended 12 Cronin Street informing the occupier that they must register all cats at the property and submit an “Application to Keep More Than Two Cats” as the prescribed number per premise is limited to two.

Shortly following the above direction, an “Application to Keep More Than Two Cats” at Lot 4 (12 Cronin Street) Manjimup was received and all cats were registered. Further details in regards to the cats to be kept at the subject property are as follows:

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Domestic Long Hair	2.5 Years	953010003444804	Yes	Female	148
2	Domestic Short Hair	3.5 Years	953010002267419	Yes	Male	147
3	Domestic Short Hair	3.5 Years	953010002267297	Yes	Female	146
4	Domestic Short Hair	2.5 Years	953010003444938	Yes	Female	149

A copy of the application is shown attached.

ATTACHMENT: 9.7.1(1)

PUBLIC Consultation Undertaken:

Shire of Manjimup sent notification to six separate landowners of abutting properties. No responses or feedback was been received as of the close of the comment period.

COMMENT (Includes Options):

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

Limitation on Number of Cats

In accordance with the Shire of Manjimup Cat Local Law 2021 Part 4 Clause 4.2, a person shall not without an approved permit from Council, keep more than two cats over the age of 6 months on any premises.

Justification of Ownership

The applicant has verbally stated to Shire Officers that the two youngest cats were rehomed to her in 2018 by a friend that found a litter of kittens on a rural property. The owner has verbally stated that they are inside only cats and do not leave her property.

The applicant has stated in the application that the merging of two households has occurred due to her father passing away and her mother’s health declining and that she is her primary carer. Although all the cats are registered in her name the two oldest cats belong to her 90 year old mother who currently resides at the same address.

All four cats are sterilised microchipped and now registered with the Shire of Manjimup as required by the provisions of the Cat Act 2011.

Council Policy

At its Ordinary Meeting held on 27 May 2021, Council adopted Policy 5.2.5 - Applications to Keep Additional Dogs or Cats (the Policy) in order to guide the assessment of applications to keep additional dogs or cats. This policy acts as valuable guideline for Shire of Manjimup employees for assessing applications and outlines acceptable and unacceptable grounds for requesting more than the legal number of animals prescribed by Acts and Local Laws.

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

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

ii. Sudden family emergency and dog/cat inherited;

iii. Merging of two households; and

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

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

a) Just wanting another dog/cat;

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

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

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

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

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

g) Applications seeking to keep declared or restricted breeds.

As the application is consistent with the circumstances identified as permitted, approval may be granted in accordance with Policy 5.2.5 - Applications to Keep Additional Dogs or Cats (the policy).

Suitability of Property

The subject property has an area of 2421m² and contains two separate enclosed sun rooms and an enclosed front patio that the cats utilise for playtime and rest. The owner has stated that the cats have the whole house to themselves and that they do not leave the premises. As a result approval to the application as submitted will not result in detrimental impacts on the adjacent properties.

Effective Control of Cats

In accordance with the Shire of Manjimup Cat Local Law 2021 Clause 4.6 and Clause 4.8, Council shall not grant an exemption unless it is satisfied that the number of cats to be kept will be contained to the premise unless under effective control and not cause a nuisance, inconvenience or annoyance to the occupiers of adjoining land.

The applicant stated that the cats spend most of their time in the purpose built cat enclosures situated on the rear veranda of the property.

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

Conclusion

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

STATUTORY ENVIRONMENT:

As referred to within the comment section above, the relevant legislation consists of the Cat Act 2011 and Shire of Manjimup Cat Local Law 2021.

Policy / Strategic Implications:

As outlined within the comment section above, the proposal as submitted is consistent with the requirements of Policy 5.2.5 - Applications to Keep Additional Dogs or Cats. Notwithstanding this, given the co-operative nature of the applicant and having owned the cats for several years, it is recommended that approval be granted subject to appropriate conditions.

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

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

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

Organisational risk management:

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

Financial Implications:

Nil.

Sustainability:

Environmental: Domestic cats do have the potential to impact on the environment if not contained effectively. Both the Cat Act 2011 as well as the Shire of Manjimup Cat Local Law 2021 mitigate the risk to the environment through a cat control strategy.

Economic: Nil.

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council approve a permit as per Shire of Manjimup Cat Local Law 2021 Part 4 Clause 4.7 to keep four cats on and within Lot 4 (12 Cronin Street), Manjimup subject to compliance with the following conditions:

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

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Domestic Long Hair	2.5 Years	953010003444804	Yes	Female	148
2	Domestic Long Hair	3.5 Years	953010002267419	Yes	Male	147
3	Domestic Short Hair	3.5 Years	953010002267297	Yes	Female	146
4	Domestic Short Hair	2.5 Years	953010003444938	Yes	Female	149

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

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

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

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

Advice to Applicant:

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

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

ATTACHMENTS
1 ⇨	Application to Keep More Than Two Cats at 12 Cronin Street Manjimup	5 Pages

ATTACHMENT

9.7.2 Proposed Firebreak and Fuel Hazard Reduction Notice 2021/2022

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160102
LEGISLATION:	Bush Fires Act 1954
AUTHOR:	Todd Ridley
DATE OF REPORT:	7 July 2021
DECLARATION OF INTEREST:	Nil

Background:

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

A copy of the proposed 2021/2022 Firebreak and Fuel Hazard Reduction Notice is attached.

ATTACHMENT: 9.7.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

A copy of the draft 2021 / 2022 Firebreak and Fuel Hazard Reduction Notice was presented to Council’s Bushfire Advisory Committee at its 16 June 2021 meeting. As reflected within this agenda, the Committee resolved to recommend that draft Notice be adopted.

As reflected within the unconfirmed minutes of the Committee (refer to Item 9.16.1), in considering the Annual Firebreak notice, the committee were requested to consider correspondence from a Mr & Mrs Dirks. Mr & Mrs Dirks oppose a statement included in the notice to ensure that landowners are aware that they may extend the low fuel zone to a distance of 40m where the required clearing permit is obtained. It should be noted this is the second year Mr & Mrs Dirks has requested a review of the notice.

As reflected within the minutes, the Bushfire Advisory Committee unanimously voted to retain the wording within the Annual Firebreak notice on the basis that the statement indicates an “owner may extend the minimum Building Protection Zone of 20 metres, only subject to the required clearing permit being obtained.” The notice therefore recognises that any clearing beyond 20 metres requires a clearing permit from the Department of Water and Environmental Regulation, which is subject to an assessment of the environmental impacts.

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

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

STATUTORY ENVIRONMENT:

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

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

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

Policy / Strategic Implications:

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

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

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

Organisational risk management:

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

Financial Implications:

The cost of producing and publishing the notice is included in the draft 2021/22 annual budget.

Sustainability:

Environmental: Fire has the potential to decimate the natural and built environment if preventative and operational bush fire strategies are not adequate.

Economic: The economic consequence of fire can be devastating. Fire has the ability to destroy entire agricultural areas in particular with the potential to ruin the livelihood of many people.

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the 2021/2022 Firebreak and Fuel Hazard Reduction Notice pursuant to Section 33 of the Bush Fires Act 1954 as shown at Attachment: 9.7.2(1).

ATTACHMENTS
1 ⇨	Firebreak and Fuel Hazard Reduction Notice 2021 / 2022	2 Pages

ATTACHMENT

APPENDIX

9.7.3 Proposed Review of Ranger and Emergency Services Policy 5.3.16 - Fire Protection Strategy

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161012
LEGISLATION:	Local Government Act 1995
AUTHOR:	Todd Ridley
DATE OF REPORT:	7 July 2021
DECLARATION OF INTEREST:	Nil

Background:

Policies are generally reviewed every four years, or where there is a trigger for a change. In the case of the Policy 5.3.16 Fire Protection Strategy, the policy is overdue for review. A copy of the current policy is appended.

APPENDIX: 9.7.3(a)

Council is requested to consider the adoption of a revised policy that has been prepared using the standard policy template, revised name, updating references to the department and relevant Bush Fire Brigades as detailed in the comment section below. A copy of the proposed policy is shown attached.

ATTACHMENT: 9.7.3(1)

PUBLIC Consultation Undertaken:

The Bush Fire Advisory Committee at its 16 June 2021 meeting, resolved “That Council adopt the revised Council Policy 5.3.16 Resource to Risk Fire Fighting”.

COMMENT (Includes Options):

The purpose of the policy outlines the Shire of Manjimup’s Bush Fire Brigades requirements for appliances and housing of those appliances. Requirements as set out in the current policy have largely been met with the majority of Zones receiving both the tabled appliances and sheds through the Emergency Services Levy (ESL) Capital Grants Scheme. Revision of the Policy to identify current and emerging resource requirements is required.

It should be noted that there is still a requirement for an appliance East of Manjimup as shown in the current Policy. This appliance was received through an ESL Grant application, however, the Bush Fire Advisory Committee at the time resolved to bolster Northcliffe Bush Fire Brigades capacity and allocate that appliance to the Northcliffe area.

The proposed revised Policy was developed using a resource to risk approach and identifies a need to replace some of the Shire / Brigade owned appliances with ESL appliances and bolster areas that have a short fall of resources. It also identifies future needs of housing or facility additions for the foreseeable future. Brigade area without appliances have received a high target rating and these areas would be the focus of ESL Capital Grant applications.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

The adoption of the revised Policy is consistent with the following recommendations contained within the Shire of Manjimup Strategic Community Plan 2019 – 2029:

Community Goals

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

Strategies

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

Organisational risk management:

An update of the current policy will ensure that consideration will be given to funding of replacement appliances and or additional appliances to maximise fire fighting capabilities and minimise risks to the community.

Financial Implications:

Nil. The replacement of appliances and or additional appliances are through the Emergency Services Levy Capital Grant submissions.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the revised Council Policy 5.3.16 – Resource to Risk Fire Fighting as shown in Attachment: 9.7.3(1).

ATTACHMENTS
1 ⇨	Draft Policy 5.3.16 Resource to Risk Fire Fighting	4 Pages

APPENDICES
a ⇨	Current Policy 5.2.16 - Fire Protection	2 Pages

ATTACHMENT

9.12.1 Request to Waive Bond for Installation of Private Services in Shire Road Reserve Adjacent 126 Giblett Street, Manjimup

PROPONENT	ABEC Environmental Consulting Pty Ltd
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	126 Giblett Street, Manjimup
WARD:	Central
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F190112
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	30 June 2021
DECLARATION OF INTEREST:	Nil

Background:

The proponent, ABEC Environmental Consulting Pty Ltd (ABEC), have been engaged by the owner of 127 Giblett Street, Manjimup (Thompsons Garage) to undertake groundwater investigations on the road verge of 126 Giblett Street Manjimup. The investigation is required in accordance with the Contaminated Sites Act 2003 as information has been provided to the owner of 127 Giblett Street, Manjimup by the Department of Water and Environmental regulation that their site has been classified as Possibly Contaminated – Investigation Required.

The ground water investigation will require the installation of a groundwater monitoring well in the road verge. These works constitute installation of private infrastructure in a road reserve and as such a $1,000 bond is required due to the risk to Shire infrastructure, as detailed in Council Policy 9.1.13 Private Services in Road Reserves (the Policy). A copy of the policy is attached.

ATTACHMENT: 9.12.1(1)

Though the required $1,000 bond has already been paid to the Shire on behalf of their client, ABEC are requesting Council to refund and waive the bond. The request is attached.

ATTACHMENT: 9.12.1(2)

The purpose of this report is to seek Council’s consideration.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

ABEC have advised the Shire of its intended well installation procedure using a small track mounted specialised environmental drilling rig. The siting of the well will require ground penetration no greater than 400mm (at surface) to hand-dig the initial 1.5m (to ensure no underground services are intersected).

ABEC also state that they are experienced at working within local government verges and similar environments where works are required to be low-impact to any site assets and as such, believe the works pose a low risk to the surface of the verge and other surface assets such as kerbing and footpaths. ABEC expect the wells will be in place for two to five years, pending results of the sampling process during this period.

Council adopted the Policy in order to provide the Shire a mechanism whereby it can minimise risk when private services are installed or constructed within any Shire road reserve. A bond payment is provided by the landowner or proponent and retained by the Shire until such time the proposed works are completed or for a period of twelve months in order to cover the cost of any road reserve infrastructure damage or maintenance required as result of the installation or construction of the private service.

The Shire regularly receives requests from its residents and businesses for installation of irrigation and other types of infrastructure in its road reserve, to which the Shire applies the Policy. There are no records of the Council approving to waive any bonds associated with the Policy. The Policy provides the Shire a level of confidence that general rate payer funding will not be required to cover costs associated with damage to public infrastructure as a result of installation of a private service in the Shire’s road reserve. Given this, it is recommend that Council not approve the request to waive the bond.

STATUTORY ENVIRONMENT:

Local Government Act 1995. It should be noted that if Council decide to waive the $1,000 bond, an absolute majority decision is required.

Policy / Strategic Implications:

Council Policy 9.1.13 Private Services in Road Reserves.

Policy Measures

The following guidelines shall apply to applications for the installation of private services in road reserves. It does not apply to the activities of government service agencies.

1. The Chief Executive Officer shall have authority to assess and approve applications for underground services in road reserves

2. Approval shall be subject to such conditions as deemed necessary to ensure protection of the road, other services and the public.

3. $1000 or as otherwise determined considering the risk to the Council infrastructure. The bond payment to be retained by the Shire either until the point in time proposed works completed or for a period of twelve months from that point forward, which will be determined by the Shire officer on case-by-case basis.

Organisational risk management:

There is no risk to the Shire by not waiving the bond. There is a risk, albeit minor, by waiving the bond and the Shire having to cover costs that may be required for reinstatement or repair works because of the installation or construction of the private service. However, the Local Government Act 1995 provides ability for the Shire to recover incurred costs.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Reduces or eliminates any economic risk to the Shire, on behalf of all ratepayers.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council not approve the request from ABEC Environmental Consulting Pty Ltd to waive the bond for installation of a private service in the Shire’s road reserve at 126 Giblett Street, Manjimup as per Council Policy 9.1.13 Private Services in Road Reserves.

ATTACHMENTS
1 ⇨	9.1.13 Private Services in Road Reserves	2 Pages
2 ⇨	ABEC Environmental Consulting request for bond waiver	3 Pages

ATTACHMENT

9.15.1 Unconfirmed Minutes of the Audit Committee Meeting Held 8 July 2021

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F170379
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	16 July 2021
DECLARATION OF INTEREST:	Nil

Background:

On the 8 July 2021 Council’s Audit Committee met with the purpose of:

1) Receive the unconfirmed minutes of the Audit Committee held 10 May 2021; and

2) Endorse the report related to the Significant Adverse Trend from the 2019/2020 Audit Report.

The purpose of this agenda item is to receive the unconfirmed minutes of the Audit Committee meeting held on 8 July 2021.

ATTACHMENT: 9.15.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The main purpose for the Audit Committee meeting held 8 July 2021 was to receive the report prepared to address the significant adverse trend reported in the 2019/2020 Audit Report as required under section 7.12A(4) of the Local Government Act 1995.

Shire Officers also received from the Office of Auditor General the Shire of Manjimup’s Interim Audit Report and this was received and discussed during general business.

STATUTORY ENVIRONMENT:

It is a requirement under Part 7 of the Local Government Act 1995 (the Act) for a Local Government to appoint auditors to audit accounts and the Annual Financial Report of a Local Government. In addition to this, a Local Government must establish an Audit Committee to provide guidance and assistance to the Local Government to fulfil its responsibilities under the Act.

Policy / Strategic Implications:

The Audit Committee is established under the Local Government Act 1995 to provide guidance and assistance to the Local Government in achieving the audit requirements of the Act thus ensuring that the financial management of the Shire of Manjimup remains open, transparent and accountable.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: It is essential that Local Government maintains open, transparent and accountable processes in the expenditure of public monies. Regular financial audits by auditors and the functions of the Audit Committee are some of the methods established to assist Local Government in meeting legislative and community expectations.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed minutes of the Audit Committee meeting held 8 July 2021 as per Attachment: 9.15.1(1); and

2. Endorse the report “Significant Matter Raised in Audit Report” as presented and accepted by the Audit Committee, forward the report to the Minister of Local Government, Sport and Cultural Industries and publish the Report on the Shire of Manjimup’s official web page.

ATTACHMENTS
1 ⇨	Unconfirmed Audit Committee Minutes 8 July 2021	25 Pages

ATTACHMENT

9.16.1 Unconfirmed Minutes of the Bush Fire Advisory Committee Meeting held 16 June 2021

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170451
LEGISLATION:	Bushfires Act 1954 Local Government Act 1995
AUTHOR:	Nicole Favero
DATE OF REPORT:	30 June 2021
DECLARATION OF INTEREST:	Nil

Background:

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

This report presents the unconfirmed minutes of the Bush Fire Advisory Committee (BFAC) meeting held on the 16 June 2021 including relevant attachments. A copy of the draft minutes is shown attached.

ATTACHMENT: 9.16.1(1)

Council is requested to consider the draft minutes as outlined in the comment section below.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Bush Fire Advisory Committee resolved to support four recommendations, two of which require a formal decision of Council. The resolutions passed at the meeting are detailed below:

Bush Fire Advisory Committee Resolutions	Officers Comments
Shire administration write to Department of Fire and Emergency Services regarding the current linking of all command channel repeaters given that it’s not a consistent product and is reliant on a network that is faulty in these areas and request something other than the current system on those towers.	The BFAC resolution is supported. No action required. Administration to write to Department of Fire and Emergency Services regarding Linking of all Command Channel Repeaters.
That Council adopt the revised Council Policy 5.3.16 Resource to Risk Fire Fighting.	The BFAC resolution is supported. A separate agenda item has been prepared for Council.
Administration to respond to Mr & Mrs Dirks, advising their concerns were discussed at BFAC meeting and clearly stating that a property owner may extend the minimum Building Protection Zone of 20 metres, only subject to the required clearing permit being obtained.	The BFAC resolution is supported. No action required. Administration to respond to Mr & Mrs Dirks letter regarding Building Protection Zones.
Council accept the Shire of Manjimup Firebreak and Fuel Hazard Reduction Notice 2021/2022.	The BFAC resolution is supported. A separate agenda item has been prepared for Council consideration.

As reflected above, separate agenda items have been included within this agenda in respect of the annual Shire of Manjimup Firebreak and Fuel Hazard Reduction Notice 2021/2022 and Council Policy 5.3.16 Resource to Risk Fire Fighting.

STATUTORY ENVIRONMENT:

Bushfires Act 1954 and Local Government Act 1995.

Policy / Strategic Implications:

The ongoing operation and support of the Bush Fire Advisory Committee is consistent with the following strategies outlined within the Shire of Manjimup Strategic Community Plan 2021-2031:

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

C13. Plan for emergency and natural disaster response, management, evacuation and recovery.

Organisational risk management:

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

Financial Implications:

The 2021/2022 annual budget contains an allocation to cover the cost of producing and publishing the annual Shire of Manjimup Firebreak and Fuel Hazard Reduction Notice.

Sustainability:

Environmental: Fire has the potential to decimate the natural and built environment if preventative and operational bush fire strategies are not adequate.

Economic: The economic consequence of fire can be devastating. Fire has the ability to destroy entire agricultural areas in particular with the potential to ruin the livelihood of many people.

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive and note the minutes of the Bush Fire Advisory Committee meeting held on the 16 June 2021 as contained in Attachment: 9.16.1(1).

ATTACHMENTS
1 ⇨	Unconfirmed Minutes of the Bush Fire Advisory Committee Meeting held 16 June 2021	29 Pages

ATTACHMENT

9.16.2 Informal Notes of the Local Emergency Management Committee Meeting held 23 June 2021

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170449
LEGISLATION:	Emergency Management Act 2005, Local Government Act 1995
AUTHOR:	Nicole Favero
DATE OF REPORT:	30 June 2021
DECLARATION OF INTEREST:	Nil

Background:

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

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

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

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

The purpose of this report is to provide Council with the Informal Notes of the Local Emergency Management Committee (LEMC) Meeting held 23 June 2021 as shown attached. The minutes are considered informal notes as the meeting did not have a quorum.

ATTACHMENT: 9.16.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As the Committee did not have quorum, no formal minutes or Committee recommendations were recorded. A copy of the informal meeting notes are provided for Council consideration.

STATUTORY ENVIRONMENT:

Emergency Management Act 2005; and

Local Government Act 1995.

Policy / Strategic Implications:

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

Community Goals

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

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

Strategies

C22 Prepare for emergencies and natural disasters.

Organisational risk management:

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

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: As per comments under the headings Policy/Strategic Implications and Organisational Risk Management.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive and note the informal notes of the Local Emergency Management Committee (LEMC) Meeting held on 23 June 2021 as shown at Attachment: 9.16.2(1).

ATTACHMENTS
1 ⇨	Informal Notes of the Local Emergency Management Committee Meeting held 23 June 2021	26 Pages

ATTACHMENT

APPENDIX

9.16.3 Unconfirmed Minutes of the Pemberton Town Activation Committee Meeting held on 29 June 2021

PROPONENT	Pemberton Town Activation Advisory Committee
OWNER	N/A
LOCATION / ADDRESS:	Pemberton Town Centre
WARD:	West
ZONE:	N/A
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170456
LEGISLATION:	Local Government Act 1995
AUTHOR:	Yvonne Ganfield
DATE OF REPORT:	6 July 2021
DECLARATION OF INTEREST:	Nil

Background:

The Pemberton Town Activation Committee is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. The functions of the committee are:

· Identification of opportunities for space activation within the main street or adjacent open space;

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

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

The purpose of this report is to accept the unconfirmed minutes of the Pemberton Town Activation Committee meeting held on 29 June 2021. A copy of the minutes is attached.

ATTACHMENT: 9.16.3(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As reflected in the unconfirmed minutes, the committee passed the following resolutions, with one recommendation requiring amendment to the Terms of Reference. The current Terms of Reference are appended.

APPENDIX: 9.16.3(A)

Committee Recommendation	Officers Comment
That Michael Leers and his team be thanked for the preliminary plans of the Pemberton Carpark and advise that the draft plan is supported subject to investigation of those matters tabled.	Supported and dealt with administratively
The Committee accept Mark Hudson resignation and the Terms of Reference be changed to 4 Community Representatives.	Supported and dealt with as part of the recommendations to Council in this report
That Cr Murray Ventris be appointed Chair Person	Supported, and the Terms of Reference be amended
That Ardal Nigg be appointed Deputy Chair Person	Supported, and the Terms of Reference be amended
The Pemberton Arts Group be commended on the acquisition of the Artwork	Supported and dealt with administratively

Following the Committees recommendation above to accept Mark Hudson’s resignation the current Terms of Reference have been amended and are attached.

ATTACHMENT: 9.16.3(2)

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

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

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

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

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council;

1. Receive and note the minutes of the Pemberton Town Activation Committee meeting held on 29 June 2021 as attached: 9.16.3(1);

2. Accept Mark Hudson resignation and the Terms of Reference be changed to 4 Community Representatives; and

3. Approve the amended the Terms of Reference as attached: 9.16.3(2).

ATTACHMENTS
1 ⇨	Pemberton TAC Meeting Minutes 29 June 2021	5 Pages
2 ⇨	Revised Pemberton Town Activation Commitee Terms of Reference 2019-2021	1 Page

APPENDICES
a ⇨	September 2020 Revised - Pemberton Town Activation Committee ToR 2019 - 2021	1 Page

ATTACHMENTS
1 ⇨	Office of CEO Quarterly Report April - June 2021	22 Pages

PROPONENT	Director Community Services
OWNER	Whole of Shire
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F160966
LEGISLATION:	Various
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	6 July 2021
DECLARATION OF INTEREST:	Nil

ATTACHMENTS
1 ⇨	Community Services Directorate QR April-June 2021	28 Pages

ATTACHMENTS
1 ⇨	Works and Services Quarterly Report April – June 2021	24 Pages