Agenda of Ordinary Council - 18 November 2021

SHIRE OF MANJIMUP – Council Meeting AGENDA

18 November 2021

Notice to all councillors

An Ordinary Meeting of Council is called for Thursday 18 November 2021 commencing at 5:30pm in the Council Chamber.

________________________

Andrew Campbell

Chief Executive Officer

10 November 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 18 November 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:

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 held for Mr Roberto Rodigari, Ms Leila Galega and Mr Brett Ebbett.

6.3 Deputations

Ms Megan Kammann will present a deuputation to Council.

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 21 October 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
Absolute	9.1.1	Outcome of Periodic Review of Local Laws	7
Absolute	9.1.2	Proposed 2022 Register of Delegations Under Council Policy	11
Absolute	9.1.3	Proposed 2022 Register of Delegations, Authorisations and Appointments	14
	9.1.4	Review of Council Policy 2.3.2 Vehicle Specifications	17
		BUSINESS DIRECTORATE
	9.2	Corporate & Governance
	9.2.1	Proposed Council Meeting Dates for 2022	20
	9.2.2	Proposed Participation in Energy Sustainability and Renewables Project	23
	9.3	Finance & Administration
	9.3.1	Council Financial Payments for October 2021	26
	9.3.2	Monthly Financial Activity Statement - September 2021	29
Absolute	9.3.3	Proposed Budget Review Adjustments - September 2021	34
	9.4	Information Communications Technology
		DEVELOPMENT & REGULATION DIRECTORATE
	9.5	Statutory Planning
	9.5.1	Retrospective Application for a Dam with Reduced Setback at Lot 101 (17) Decampo Road, Eastbrook	36
	9.5.2	Proposed Extension to Ancillary Accommodation at Lot 50 (209) Black Georges Road, Middlesex	43
	9.5.3	Proposed Dam with Setback Reduction at Lot 6767 Tynans Road, Jardee	48
	9.5.4	Proposed Retrospective Building Modifications and Proposed Use Not Listed (Multipurpose Building) and Reception Centre at Lot 102 (721) Seven Day Road, Jardee	54
	9.5.5	Consideration of Submissions and Final Approval of Proposed Amendment 24 to Local Planning Scheme No. 4 at Lot 7489 (107) and Lot 11286 (105) Burma Road, Pemberton	62
	9.5.6	Proposed Overheight Outbuilding at Lot 22 (2) Anning Court, Walpole	69
	9.5.7	Proposed Nine Lot Subdivision at Lot 20 Kennedy Street, Pemberton	74
	9.5.8	Request for Support to Proposed Scheme Amendment over Lot 2084 (87) Dingup Road, Dingup	81
	9.5.9	Proposed Hotel Accommodation - No 80 (Lot 156) Rose Street, Manjimup	86
	9.5.10	Proposed Holiday House at Lot 135 (56) Latham Avenue, Walpole	99
	9.5.11	Delegated Decisions for October 2021	106
Absolute	9.5.12	Proposed Two-Storey Extension and Nightclub - No 5 (Lot 45) Brockman Street, Manjimup	109
	9.6	Building Services
	9.7	Ranger & Emergency Services
	9.7.1	Application to Keep More Than Two Cats at Lot 201 Swimming Pool Road Pemberton	114
	9.8	Environmental Health Services
		COMMUNITY SERVICES DIRECTORATE
	9.9	Community & Recreation Services
	9.9.1	Expression of Interest for Lease of Pt Lot 628 Reserve 26199 (Old Cafe Building - Heritage Park) Manjimup	119
	9.9.2	Proposed Revision of the Manjimup Heritage Park Management and Development Plan	125
	9.10	HACC Services
Absolute	9.10.1	Manjimup Home and Community Care Proposed Purchase of a Replacement Bus	128
	9.11	Libraries & Cultural Services
		WORKS AND SERVICES DIRECTORATE
	9.12	Technical Services
	9.12.1	Proposed Review of Policy 9.1.12 Traffic Management for Events on Roads	131
	9.12.2	Proposed Review of Policy 9.1.8 Road Reserve Vegetation Management	133
	9.12.3	Consideration of Results of Public Consultation for the Proposed Road Closure and Amalgamation Collier Street, Manjimup	135
	9.13	Works
	9.13.1	Proposed Review of Council Policy 10.1.8 Salvage of Fallen Naturally Occurring Trees in Road Reserves	139
	9.14	Parks & Gardens
	9.15	Occasional and Management Committees
	9.16	Advisory Committees
Absolute	9.16.1	Unconfirmed Minutes of the Manjimup Recreation Advisory Committee Meeting held 1 November 2021	141

_____________________ / _____________________

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 143 of the Agenda with the exception of:

9.1.1 Outcome of 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 November 2021
DECLARATION OF INTEREST:	Nil

Background:

Council resolved at its Ordinary Meeting on 29 July 2021 to undertake a review of the following Local Laws:

· 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.

Public notice of the review and a call for public submissions was provided from September 2021 to October 2021.

The purpose of this report is to advise on the outcome of the public submissions period and make recommendations on the next actions with regard to the local laws listed above.

PUBLIC Consultation Undertaken:

Local public notice was provided in accordance with the Local Government Act 1995 (the Act) for a six-week period commencing 1 September 2021 and concluding 13 October 2021.

No public submissions were received in this time.

COMMENT (Includes Options):

Guidance with regard to the status of each Local Law is provided below:

Cemeteries Local Law 1990

No submissions were received.

Internally a review between the existing local law and the model Western Australian Local Government Association (WALGA) Cemeteries Local Law template was completed.

This local law is considerably dated and requires repeal and replacement to bring it into line with the model WALGA Cemeteries Local Law template. The model WALGA law also identifies modified penalties for various offences that are not found in the current local law. This law local law has also been identified in the Shire’s Corporate Business Plan as being in need of review.

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

No submissions were received.

This local law is has been internally reviewed against the WALGA Activities on Thoroughfares and Trading template local law and determined by staff to be in need of repeal and replacement.

The Shire’s current local law is not conducive to activating town centres, particularly for events in Central Business District areas. The model local law is less prescriptive, and introduces provisions around the management of shopping trolleys and election signage. It also contains updated references for a number local law definitions.

Dogs Local Law 2004 (as amended)

No submissions were received.

Shire Rangers have undertaken a preliminary review of this local law, and determined that it is in need of considerable amendment to bring the local law into contemporary dog management practice. Review of this local law has also been identified as an action in the Shire’s adopted Corporate Business Plan 2021-2025.

Fencing Local Law 2012 (as amended) and Standing Orders Local Law 2013

No submissions were received for either local law.

Internally a review was undertaken between the existing local laws and the WALGA Fencing Local Law and Meeting Procedure Local Law templates.

Whilst there are changes that could be made, these are administrative/cosmetic in nature and do not change the effect of the existing local laws. Therefore, undertaking the complex and costly legislative amendment process for either is not recommended at this point.

Next Steps

Should Council determine to support the Officer’s Recommendation below, staff will commence the review and presentation of draft new local laws to Council as identified above.

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:

Some Local Laws have been identified in the Shire of Manjimup Corporate Business Plan as being in need of review.

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 the amendment to the Local Laws is accounted for within the Shire’s adopted budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with section 3.16(2) of the Local Government Act 1995 notes that no submissions have been received in relation to the Standing Orders Local Law 2013 and Fencing Local Law 2012 (as amended) and the review of these local laws is complete; and

2. In accordance with section 3.16(4) of the Local Government Act 1995 resolves to repeal:

a) Cemetery Local Law 1990;

b) Dogs Local Law 2004 (as amended); and

c) Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Laws 2002,

when replacement Local Laws are enacted.

ATTACHMENT

APPENDIX

9.1.2 Proposed 2022 Register of Delegations Under Council Policy

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161497
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	3 November 2021
DECLARATION OF INTEREST:	Nil

Background:

Council last conducted a review of delegations of power under Council policy on 26 November 2020. The 2021 adopted Register of Delegations under Council Policy is appended.

APPENDIX: 9.1.2(A)

In order to allow the efficient management of Shire business, a number of powers and duties vested in the Council are delegated to the Administration via the Chief Executive Officer (CEO). The CEO may then delegate such powers to other employees.

The proposed 2022 Register of Delegations (the Register) under Council Policy is attached for Council’s consideration.

ATTACHMENT: 9.1.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Register of Delegations under Council Policy is now due for review under the requirements of Section 5.46 of the Local Government Act 1995. Council previously provided broad delegation to the Chief Executive Officer and in the absence of any concerns about the degree of delegation provided it is recommended that such delegations continue.

No significant changes have been made to the Register, aside from minor administrative amendments to reflect:

· The inclusion of new policies adopted by Council;

· The removal of policies rescinded by Council;

· The renumbering of policies; and

· The updating of Officer position titles.

STATUTORY ENVIRONMENT:

Delegation of power by Council to Officers is regulated by Division 4 of the Local Government Act 1995 - Local Government Employees. Delegations made under Division 4 are to be reviewed at least once every financial year.

Section 5.42 provides the head of power to delegate any matter to the Chief Executive Officer other than:

· Any decision requiring an absolute or special majority;

· Awarding a tender over the tender threshold;

· Appointing an auditor;

· Acquiring or disposing property exceeding prescribed amount;

· Determining members fees;

· Borrowing funds;

· Determining an objection to a decision; or

· Any power or duty requiring the approval of the Minister or Governor.

Section 5.44 allows the CEO to subsequently delegate to any employee of the local government the exercise of the CEO’s powers.

Policy / Strategic Implications:

Strategically, the annual review of this Register is considered to align with Community Goal 5.8 of Council’s adopted Strategic Community Plan 2021-2031 – “The Shire continuously improves organisational performance and service delivery”.

Organisational risk management:

The annual review of Council’s delegations ensures that Officers carry the appropriate authority to action Council’s business, and ensures consistency with any changes to state legislation or Council policy that have occurred in the previous financial year.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Appropriate allocation of delegations to specific Shire Officers contributes to the efficient administration of the local government area, the expeditious processing of statutory applications and the maintenance of compliance with Council policy.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council in accordance with Section 5.42 (1) of the Local Government Act 1995 delegate the exercise of its powers and duties in accordance with the “2022 Register of Delegations under Council Policy” as contained in Attachment 9.1.2(1).

ATTACHMENTS
1 ⇨	Proposed 2022 Register of Delegations Under Council Policy	15 Pages

APPENDICES
a ⇨	2021 Register of Delegations Under Council Policy	14 Pages

ATTACHMENT

APPENDIX

9.1.3 Proposed 2022 Register of Delegations, Authorisations and Appointments

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161497
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	3 November 2021
DECLARATION OF INTEREST:	Nil

Background:

In order to allow the efficient management of Shire business, a number of powers vested in the Council are delegated to the administration via the Chief Executive Officer (CEO). The CEO may then delegate such powers to other employees.

Council’s delegations were last reviewed on 26 November 2020, and the 2021 Register of Delegations, Authorisations and Appointments (the 2021 Register) is appended for information.

APPENDIX: 9.1.3(A)

The review of this document is to be undertaken yearly. The 2022 Register of Delegations, Authorisations and Appointments (the Register) is attached and Council’s endorsement of this Register is now sought.

ATTACHMENT: 9.1.3(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Purpose of Delegated Authority

For the benefit of Councillors, the aim of delegated authority is to assist with improving the time taken to make decisions within the constraints allowed by relevant legislation and to ensure decisions are made lawfully by the delegate. This is consistent with the Shire of Manjimup’s commitment to a strong customer service focus.

The Register details the related document(s) where the power to delegate is derived from, including the relevant legislation and policies of the Council. This enables easier cross-referencing for employees, Councillors and the community.

Council has historically provided significant delegation to Officers to enable the efficient execution of the Shire’s functions and activities. The attached Register is considered to be consistent with the requirements of the Local Government Act 1995 to review such delegations annually. The author has engaged the services of an external consultant to assist in the review.

Amendments to Local Laws Delegations

The main changes made to the Register are located across pages 25 – 30 (12 – Administration of Local Laws) of Attachment 9.1.3(1). Shire officers and the consultant undertook to decompose the general delegation as given in the 2021 Register for the administration of local laws into the delegations specific to each Local Law, and assign them to the appropriate members of the senior executive and Shire officers. This change will provide for improved interpretation and enforcement of the Local Laws by Shire officers.

No other changes to the Register have been undertaken.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Authority to delegate power by Council to officers is contained within Division 4 of the Local Government Act 1995 - Local Government Employees. Delegations made under Division 4 are to be reviewed at least once every year.

Section 5.42 provides the head of power to delegate to the Chief Executive Officer other than:

· Any decision requiring an absolute or special majority;

· Awarding a tender over the tender threshold;

· Appointing an auditor;

· Acquiring or disposing property exceeding prescribed amount;

· Determining members fees;

· Borrowing funds;

· Determining an objection to a decision; or

· Any power or duty requiring the approval of the Minister or Governor.

Section 5.44 allows the CEO to subsequently delegate to any employee of the local government the exercise of the CEO’s powers.

Other Acts

In addition to the above, delegated powers also arise from other Acts as listed in the Register but they must have a specific head of power to enable delegation.

Policy / Strategic Implications:

Organisational risk management:

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Appropriate allocation of delegations to specific Shire Officers contributes to the efficient administration of the local government area, the expeditious processing of statutory applications and the maintenance of compliance with the state and Council’s statutory documents.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council resolve in accordance with Section 5.42(1) of the Local Government Act 1995, and other Acts as designated, to endorse the delegation of powers and duties in accordance with the Register of Delegations, Authorisations and Appointments (including Council appointed officers) as attached at 9.1.3(1).

ATTACHMENTS
1 ⇨	Proposed 2022 Register of Delegations, Authorisations and Appointments	132 Pages

APPENDICES
a ⇨	2021 Register of Delegations, Authorisations and Appointments	128 Pages

ATTACHMENT

APPENDIX

9.1.4 Review of Council Policy 2.3.2 Vehicle Specifications

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160048
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	8 November 2021
DECLARATION OF INTEREST:	The Chief Executive Officer has a vehicle allocated to the role as per the employment contract.

Background:

Council Policies are generally reviewed and updated every four to five years.

Council Policy 2.3.2 Vehicle Specifications was last reviewed 14 April 2016 and was due for review in April 2021. A copy of the existing policy is appended.

APPENDIX: 9.1.4(A)

The purpose of this report is to review Council Policy 2.3.2 Vehicle Specifications.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Generally Council Policy 2.3.2 Vehicle Specifications is considered practical and functional however there are several proposed changes to enhance policy effectiveness and keep pace with future trends. Proposed Council Policy 2.3.2 Vehicle Specifications is attached.

ATTACHMENT: 9.1.4(1)

Significant changes to the proposed policy are indicated as follows:

1. Introduction of electric and hybrid vehicles in purchasing considerations.

This area of vehicle development is evolving rapidly. The Shire of Manjimup shall consider both hybrid and electric vehicle purchasing as part of overall considerations. However, hybrid and electric vehicle purchasing shall be guided by value, practicality and “fit for purpose” considerations at all times in accordance with this policy.

2. Removal of example vehicles from the policy.

Vehicle models change over time and to enable more flexibility to deal with this, example vehicles have been removed.

3. Increase of ANCAP rating on vehicles from minimum four stars to minimum five stars.

The practice of exclusively purchasing ANCAP five star rated vehicles only has occurred over the last few years and the policy has been modified to reflect this outcome.

4. Discretion for the Chief Executive Officer to dispose of vehicles between 10,000km and 60,000km where it financially benefits the organisation.

During the past year the Chief Executive Officer has trialled the early disposal of vehicles assigned to the Chief Executive Officer and Director Business in accordance with a Council resolution on the matter. It has been found that the early changeover of these two vehicles in the current economic climate has resulted in savings to the organisation of 30% to 50% for the whole of life vehicle cost as compared to vehicle changeover in accordance with the current policy. It should be noted that a third vehicle (assigned to the Director Development and Regulation) was investigated for early changeover in accordance with the Council resolution however it was determined that it was not financially viable to proceed.

5. Recognition of an additional vehicle for the Building Maintenance Officer as approved by Council on 21 October 2021.

It is considered that providing additional flexibility to Council Policy 2.3.2 Vehicle Specifications will assist the administration of the Shire of Manjimup’s vehicle fleet and is therefore recommended to Council for consideration.

STATUTORY ENVIRONMENT:

The operations of the Shire of Manjimup are guided by the Local Government Act 1995.

Policy / Strategic Implications:

Managing the Shire of Manjimup’s vehicle fleet should ensure that best value decisions are made at all times.

Organisational risk management:

Council Policy 2.3.2 Vehicle Specifications is designed to ensure “fit for purpose” vehicles are supplied to meet operational requirements, meet safety standards for employees, and form part of the employment package for some of the roles in the organisation. The policy has operated effectively since 2002 and has been evolved over time to meet organisational needs.

Financial Implications:

The vehicle fleet is managed in accordance with Annual Budgets.

Sustainability:

Environmental: The policy contemplates environmental impacts however this is balanced with other best value considerations for the organisation.

Economic: The policy endeavours to minimise cost to the organisation whilst maintaining a good standard of vehicle. Local purchasing through car dealerships is a feature of the policy in accordance with the State Government Vehicle Fleet Purchasing program.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt Policy 2.3.2 Vehicle Specifications in accordance with Attachment: 9.1.4(1).

ATTACHMENTS
1 ⇨	Proposed Council Policy 2.3.2 Vehicle Specifications	6 Pages

APPENDICES
a ⇨	Current Council Policy 2.3.2 Vehicle Specifications	6 Pages

9.2.1 Proposed Council Meeting Dates for 2022

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Business Directorate
FILE REFERENCE:	F170041
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gaye Burridge
DATE OF REPORT:	25 October 2021
DECLARATION OF INTEREST:	Nil

Background:

In accordance with past practice and to conform to the advertising requirements of the Local Government Act 1995, Council is required to determine dates for the Ordinary Council Meetings to be held in 2022.

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

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

It is proposed that a trial to hold outer town Council meetings in three consecutive meetings in early 2022 to minimise the need to pack, unpack and setup for the outer town meetings and pack up and unpack and setup back in the Council Chambers once the meeting is over. This is viewed by staff as a more effective use of time and effort to prepare for the outer town Council meetings, requiring the Council Chamber to be dissembled once rather than three times.

It is also proposed to bring forward the April Ordinary Council Meeting to Wednesday, 13 April 2022 instead of Thursday, 14 April 2022 which is the day immediately prior to Good Friday and the Easter break. This is to prevent holding a meeting immediately prior to this holiday period and is designed to allow Shire staff time to action Council decisions and finalise meeting minutes made the previous evening upon the expiry of Standing Orders at midday, 14 April.

The proposed Council meeting dates for 2022 based on a three week meeting cycle (except for four weeks between October and November) are shown in the table below:

Council Meeting Dates for 2022		Locations
Thursday	20 January	Manjimup
Thursday	10 February	Walpole
Thursday	3 March	Northcliffe
Thursday	24 March	Pemberton
Wednesday	13 April	Manjimup
Thursday	5 May	Manjimup
Thursday	26 May	Manjimup
Thursday	16 June	Manjimup
Thursday	7 July	Manjimup
Thursday	28 July	Manjimup
Thursday	18 August	Manjimup
Thursday	8 September	Manjimup
Thursday	29 September	Manjimup
Thursday	20 October	Manjimup
Thursday	17 November	Manjimup
Thursday	8 December	Manjimup

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. adopt the following Council meeting date schedule for 2022 including outer town meetings; and

Council Meeting Dates for 2022		Locations
Thursday	20 January	Manjimup
Thursday	10 February	Walpole
Thursday	3 March	Northcliffe
Thursday	24 March	Pemberton
Wednesday	13 April	Manjimup
Thursday	5 May	Manjimup
Thursday	26 May	Manjimup
Thursday	16 June	Manjimup
Thursday	7 July	Manjimup
Thursday	28 July	Manjimup
Thursday	18 August	Manjimup
Thursday	8 September	Manjimup
Thursday	29 September	Manjimup
Thursday	20 October	Manjimup
Thursday	17 November	Manjimup
Thursday	8 December	Manjimup

2. advertise the meeting schedule in the local papers as is required.

9.2.2 Proposed Participation in Energy Sustainability and Renewables Project

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole Shire
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F170051
LEGISLATION:	Local Government (Functions and General) Regulations 1996
AUTHOR:	Greg Lockwood; Andrew Campbell
DATE OF REPORT:	5 November 2021
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has been approached by the Western Australia Local Government Association (WALGA) to participate in a joint Energy Sustainability and Renewables Project and subsequent Tender.

The Tender seeks to give the 51 participating Local Governments, a locally sourced, renewable energy option in the most cost effective and affordable way. Energy will be derived from West Australian sources, being the Albany Windy Farm, Collgar Wind Farm and Emu Downs Wind Farm.

The project will assist to meet the renewable energy and carbon reduction targets set into policy at the Local, State and Federal levels of Government.

The proposed contract terms are a 3 year agreement to align all Local Governments to a common start date and then a longer term 10 year agreement when the initial 3 year agreement expires. Due to the Shire’s current contract with Synergy, pending the outcome of Council’s decision Manjimup will start in year 2 of the 3 year transition contract.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

On review of the Community Strategic Plan 2021-2031 it is very evident that the Shire of Manjimup’s community consider the environment and the effect of climate change as a significant issue moving forward.

As a Shire, renewable energy is nothing new, with major solar projects carried out at the Manjimup Regional AquaCentre, Manjimup Wellness and Respite Community Centre and Power Up Electricity Museum, with three new projects for 2021/22, being the extension of the AquaCentre solar array, and new systems at the Administration Building and Manjimup Depot.

Whilst solar systems offset the majority of daytime energy use, they do not mitigate the whole energy profile, particularly during winter. The proposed WALGA agreement will supplement the shortfall from the Shire’s renewable generation with that energy generated from the Albany Windy Farm, Collgar Wind Farm and Emu Downs Wind Farm. This strategy will see the five contestable (high use) power sites of Manjin Park, Manjimup Administration Building, Manjimup Depot, Manjimup Regional AquaCentre and Pemberton Sports Club all powered by 100% renewable energy.

It is difficult to assess the effect of the new pricing over the whole Shire energy usage however a brief review of the last Manjimup Regional AquaCentre account (our biggest user) would see a 2.9% reduction when compared to current prices. This will not be the case for all sites as it will be dependent upon the sites reliance on Peak or Off Peak however any increase is expected to be minor.

Whilst the initial agreement seeks to capture the Shire’s contestable power sites, the Shire can include all other sites for an additional minor charge. It is proposed that the Shire transition all sites to renewables by 31 March 2025. The only exclusion from the proposal is the existing street light agreement. WALGA is working through this process however due to the various agreements throughout local governments the process is much more complicated.

Conclusion

It is recommended the Shire of Manjimup participate in the Energy Sustainability and Renewables Project, as it is a low cost, low risk opportunity to increase the Shire’s level of renewable energy usage with all sites being 100% renewables by 31 March 2025 (other than street lighting).

STATUTORY ENVIRONMENT:

Local Government (Functions and General) Regulations 1996

Policy / Strategic Implications:

Strategic Community Plan 2021-2031

Our Natural Environment

· A19.Partner with Western Australian Local Government Association and government agencies to address climate – related issues.

· A22. Advocate for sustainable renewable energy supply and security for our communities.

Organisational risk management:

The WALGA Joint Energy Sustainability and Renewables Tender opportunity allows the Shire of Manjimup to increase the Shire’s renewable energy credentials, without exposing the organisation to individual renewable energy contracts.

Financial Implications:

Initially it is expected that there will be slight increases to some electricity accounts, however the securing of electricity costs for the long term will give surety to budgets in a volatile energy market.

Sustainability:

Environmental: Participating in this project demonstrates the Shire of Manjimup takes climate change seriously, and constantly seeks improvement and change to the Shire’s energy needs and impacts.

Economic: The renewable energy market is experiencing a steady increase in competition, placing upwards pricing pressure on supply, a joint long term agreement will mitigate price escalations.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council endorse the Shire of Manjimup’s involvement in the Western Australian Local Government Associations Energy Sustainability and Renewables Project.

ATTACHMENT

9.3.1 Council Financial Payments for October 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:	Tracie Williams
DATE OF REPORT:	3 November 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 corporate credit card payments totalling $6,692.58 for the month of September 2021 and the accounts for payment totalling $1,562,449.48 for the month of October 2021 are listed below and in the attachment.

ATTACHMENT: 9.3.1(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 18 November 2021.

Fund	Vouchers	Amount
Municipal	94849 - 94869	$58,838.34
Trust Fund	-	$0.00
Total Cheques for Month of October 2021		$58,838.34

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 18 November 2021.

Fund	Batch	Amount
Municipal	159 – 162	$1,503,611.14
Total EFT for Month of October 2021		$1,503,611.14

Corporate Credit Card Transactions 23 August 2021 to 20 September 2021 (Paid 6 October 2021) – Municipal Account

6.1101	Golden Wattle Bakery - Lunch for CEO and South Ward Councillor - Meeting	$40.50
4.1221	Adobe Creative Cloud Suite for PRO to design documents	$76.99
6.1101	Park Donnybrook – Lunch for CEO and Shire President – Timber Industry Meeting	$44.00
1793.6003	Walpole IGA: Diesel purchase for 1010WA 53.07L @ $1.56c/Litre	$82.79
387.1317	Australian Airport Association – 2 x ARO/WSO Refresher Course 2021 and 1 x ARO/WSO Course 2021	$1,573.11
1915.1544	DWER: Clearing permit application shortfall in payment Walpole Foreshore CPS9388/01	$600.00
754.1417	Saferight PL: 50% payment in advance for audit of fall arrest system	$1,210.00
687.1317	Blue Dog Training: WA Construction White Card - TO S Tysoe	$59.00
665.1001	GoDaddy: 2 year Domain Renewal for MANJIMUPHERITAGEPARK.COM.AU	$45.21
6.1293	Victoria Hotel Toodyay: Accommodation for 3 staff to attend Datascape Workshop in Toodyay (Planning/Building/Animals) CSO, RSAO & DSPO	$525.00
680.1133	Westnet: Inv 221168214 Internet Services 01/09/21 to 01/10/21, Walpole Library	$89.95
98.1410	Westnet: Inv 221168214 Internet Services 01/09/21 to 01/10/21, Manjimup SES	$79.99
83.1410	Westnet: Inv 221168214 Internet Services 01/09/21 to 01/10/21, Northcliffe Bush fire Brigade	$49.95
665.1001	GoDaddy: 2 year Domain Renewal - MANJIMUPHERITAGEPARK.COM	$58.14
12.1133	Telair: Business Internet 36months - Service N9513246W, 37 Rose Street Manjimup, Monthly Access Fee 18/08/21 to 30/09/21	$812.76
575.1101	Park Manjimup: Refreshments - R.A.P. Meeting ST:1 NS:7	$45.50
669.1299	Trybooking: 1 x Registration to Australian Walking & Cycling Conference	$50.50
571.1340	Intermedia Group: Australian Ageing Agenda subscription - 1 year	$49.50
660.1237	Forum Advocating Cultural & Eco-Tourism Inc: Corporate membership 2021/2022 (up to 3 people)	$250.00
575.1101	Woolworths: Various Groceries (GST) Visions Meeting Breakfast - ST:1, NS:6 & CR:2	$17.00
575.1101	Woolworths: Various Groceries (Non GST) Visions Meeting Breakfast - ST:1, NS:6 & CR:2	$16.77
575.1317	EB: Auspire - Registration to Inspiring Australians - Mental Health Week Breakfast with Prof. Helen Milroy 12/10/21	$75.00
2.1184	Walpole IGA: Council Meeting Afternoon Tea	$32.79
575.1340 1912.1101	Survey Monkey: Team Advantage Annual Plan 13/09/21 to 12/09/21	$808.13
Total Credit Card Payments		$6,692.58

Corporate Credit Card Transactions 21 September 2021 to 20 October 2021 (Paid 6 November 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 Corporate Credit Card transactions for September totalling $6,692.58 and note the October 2021 accounts for payment totalling $1,562,449.48 as detailed in the Attachment: 9.3.1(1).

ATTACHMENTS
1 ⇨	Payment Warrant Listing - October 2021	28 Pages

ATTACHMENT

9.3.2 Monthly Financial Activity Statement - September 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:	10 November 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 30 September 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 30 September 2021 is a projected loss of $75,470.

As stated in previous Monthly Financial Activity Statement the projected $75,470 loss is due to a reduction in the annual Financial Assistance Grants received from the Grants Commission. The Shire of Manjimup’s allocation has reduced marginally on the original estimates that made up the 2021/22 adopted budget.

The allocation compared to budget is:

General Purpose Grant	2021/22 Allocation	2021/22 Adopted Budget	(Shortfall) / Excess
2021/2022 GP Grant Allocation	2,891,396	2,966,866	(75,470)

Road Grant
2021/2022 Road Grant Allocation	1,503,646	1,436,388	67,258

Total Financial Assistance Grant	4,395,042	4,403,254	(8,212)

The loss of $75,470 from the Financial Assistance Grant – General Purpose will require some form of budget adjustment to meet the shortfall. It would be prudent to wait until the 2020/21 Annual Financial accounts have been fully audited as there is expected to be a carry forward which could be used to make up the funding.

The 2021/22 Rates were struck by Council’s Rates Officer in early August with a due date of the 17 September 2021. It is important at this time to evaluate what methods rate payers have chosen to pay their 2021/22 rates charge, as it can be used to measure the health of the Shire of Manjimup’s local economy. Typically if ratepayers are struggling the Shire would see a shift from Paid in Full to Instalments and if households or businesses are under significant pressure, there will be movement from Instalments to Special Payment Plans to derelict rates accounts.

The table below shows how rate payers chose to pay rates in 2021/22, comparative to 2020/21.

Payment Method	2020/21	2021/22
Paid In Full	3,379	3,238
On Instalment Plan	1,595	1,391
Special Payment Plan	189	192
Hardship Payment Plan	2	9
Final Notices Issued	489	853
Total Assessments	5,654	5,683

The figures on the surface look alarming, with a significant number of Final Notices being sent out, however on receipt of the Final Notices a substantial number of rate payers paid in full or requested Payment Plans that are aligned to the Instalment Plan dates. In conclusion after adjustments post due date, the payment methods reflect what has occurred in previous years with a slight increase in those successfully applying for the Hardship Payment Plan.

The September 2021 period is an opportunity to assess the first quarter’s Operating Income, Operating Expenditure and Capital Expenditure to date compared to budget.

The graphs below reflect what the expected cumulative budget to 30 June 2022 is (grey area), with the line graph represented actuals year to date.

At present operating income to the 30 September 2021 is trending to budget with actuals sitting at $13,320,397 compared to a budget of $13,740,377. Whilst a difference of $419,980 is significant, it is difficult to predict the timing of payments for special operating project grants. To date there are no areas of concern related to operating income.

Operating Expenditure is trending ahead of budget with actuals of $8,508,899 compared to a budget of $7,938,470, a difference of $570,429. This sort of variance is typical this time of year as the Works and Service Directorate carry out maintenance until the weather becomes more suitable for capital road works. It is expected as the capital works program begins actuals will be more reflective of the operating budget as maintenance accounts are left alone.

Capital expenditure is typically behind budget at this time of year as the majority of the Shire of Manjimup’s capital budget relates to Road Infrastructure works, which is very weather dependent. It is expected from November through to April 2022 that actuals will catch up to and meet budget.

Other than the grants listed above and Storm Damage listed in the July 2021 Monthly Activity Statement, no other major discrepancies have come to light in the three months after adopting the 2021/22 budget. With appropriate adjustments for the grant shortfalls, and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2022.

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 2021/22 budget will be important to stimulate local businesses and support the community post COVID-19. There are significant works proposed for community amenities and recreation.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the Monthly Financial Activity Statement Report for September 2021 as per Attachment: 9.3.2(1).

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

ATTACHMENT

9.5.1 Retrospective Application for a Dam with Reduced Setback at Lot 101 (17) Decampo Road, Eastbrook

PROPONENT	Mr G De Campo
OWNER	Mr B D De Campo
LOCATION / ADDRESS:	Lot 101 (17) Decampo Road, Eastbrook
WARD:	West Ward
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/101 P50023
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	13 October 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for retrospective approval for an expansion to an agricultural Dam at Lot 101 (17) Decampo Road, Eastbrook. A copy of the development plans are attached, whilst an outline of the Dam is shown on the location plan below.

ATTACHMENT: 9.5.1(1)

LOCATION PLAN

The subject property is 52.1 hectares in area and was recently involved in a subdivision/amalgamation with the surrounding land to realign boundaries. The property contains two dams and is being used predominantly for agriculture. Portion of the land abutting the Pemberton North Road and Decampo Road is developed with a transport depot. Some servicing of vehicles is undertaken within the workshop and an office building is also on the property.

It was brought to the attention of the Shire that the existing Dam had been expanded without prior planning approval. Shire Officers subsequently attended the site and inspected the Dam from the road and met the applicant on site.

As detailed in the application, the Dam has been expanded to have a capacity 230 Megalitres. The Dam has an outer wall of 4 metres and an internal wall of 7 metres in height. The dam wall has expanded in length to be a total of 280 metres. The toe of the dam wall is located on the boundary of Decampo Road.

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

PUBLIC Consultation Undertaken:

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

Comments were received from DWER advising that the Dam is considered exempt under the Rights in Water and Irrigation Act 1914 and there are negligible environmental impacts. A copy of the submission is attached.

ATTACHMENT: 9.5.1(2)

Correspondence was also received from the landowner seeking compassion in dealing with the matter. As outlined in that correspondence the works had been arranged by the owner’s son, who up until his passing in February this year was the farm manager. A copy of that correspondence is shown attached.

ATTACHMENT: 9.5.1(3)

COMMENT (Includes Options):

The Scheme includes the subject land within the Priority Agriculture Zone. The purpose of this zone is to provide for the sustainable use of rural land, which primarily accommodates a range of rural pursuits compatible with the land compatibility and retains the 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 has increased the historical non-compliance of an existing Dam by increasing the height and length of the wall. Additionally with the realigned property boundaries the tail water will now be less than 20 metres from an adjoining property.

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, the applicant was not aware of the requirement for prior approval to increase the size of the existing Dam, given no approval was required for the water license. Additionally, as the works were being undertaken under the direction of the landowner, who is now deceased, the applicant was under the assumption that all approvals had been obtained. It is understood that correspondence has been sent to Councillors explaining this circumstance.

The existing Dam was already non-complaint with the setback requirements, with the toe of the Dam wall aligned with the boundary of the road. Generally speaking, historical works that are non-complaint are not retrospectively required to seek approval, however alterations to the works that are non-compliant will always need prior approval.

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 requires 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 impact on the rural landscape and possible bush fire hazards. With a zero setback to the road historically been provided, a firebreak is unable to be achieved, however fire management could occur from the road pavement.

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 resources 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.”

DWER has stated that the proposal will have negligible impacts on the environment.

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, given that the works were undertaken to extend a dam already established with a nil setback, a relaxation of the front boundary setback from 30 metres is supported. It is also noted that the visual impact associated with the increased length and wall height can be mitigated through bank stabilisation and plantings as proposed.

Policy Assessment

Local Planning Policy 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 a result the risk assessment is as follows:

Risk Category	Score
Construction Type (Catchment)	0
Volume (100ML+)	3
Wall Height (5-10m)	2
Dam Wall Design (Others Surveyor)	3
Infrastructure Downstream (Roads)	2
Overflow infrastructure proposed (none)	4
TOTAL	14

In accordance with provision 6.2 of the Policy, Dams that score between 10 and 15 are considered moderate risk. Should Council seek to approve the application, it is recommended that an advice note be included on any approval advising the landowners that they are responsible for the structural integrity of the Dam construction and also recommending that the proposed structure be certified by an appropriately experienced contractor or qualified engineer, in accordance with the Policy provisions.

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.

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.

Given the original dam was established with a nil setback to the road reserve, and having regard to the landowners correspondence shown at Attachment: 9.5.1(3), it is recommended that no further action be taken for the unauthorised works.

Conclusion

The expansion to the Dam has been assessed as a moderate risk. Conditional approval of the Dam is recommended.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

By not imposing consistent recommendations to take legal action there is a risk that compliance matters will increase within the community.

Financial Implications:

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

Sustainability:

Environmental: Nil.

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

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council grant retrospective development approval in accordance with clause 8.6, Part 10 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No. 4 to the Dam with a Reduced Setback on Lot 101 (17) Decampo Road, Eastbrook in accordance with the plans and specifications attached at Attachment: 9.5.1 (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	19 August 2021
2.	Dam information	19 August 2021
Form	Additional information for Dam construction	19 August 2021

b) Water from the Dam is prohibited to accumulate across property boundaries;

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

d) 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.

Advice to Applicant:

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

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

ATTACHMENTS
1 ⇨	Attachment 1 - Development Plans and Information	4 Pages
2 ⇨	Attachment 2 - DWER Comments	1 Page
3 ⇨	Attachment 3 - Correspondence from landowner	1 Page

ATTACHMENT

9.5.2 Proposed Extension to Ancillary Accommodation at Lot 50 (209) Black Georges Road, Middlesex

PROPONENT	Mr J K Mitchell
OWNER	Mr J K Mitchell
LOCATION / ADDRESS:	Lot 50 (209) Black Georges Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/120 P53477
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	13 October 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for planning approval for an extension to an Ancillary Accommodation at Lot (209) Black Georges Road, Middlesex. The property has an area of 10.2 hectares and contains an existing dwelling, carport, workshop, pool house, numerous outbuildings. The property also has a timber mill, which is not currently being operated. There is a ‘right of carriageway’ which benefits Lot 52 (165) and this is located on the right side of the property as reflect on the location plan as shown below.

LOCATION PLAN

In November 2020, the applicant received approval (under delegated authority) for the construction of a 110.8m² dwelling for use as Ancillary Accommodation. The new dwelling is located adjacent to the pool house, approximately 10.6 metres from the primary dwelling. The application was assessed against the Local Planning Policy 6.1.8 Ancillary Accommodation (the Policy) at the time and was compliant.

The applicant is now proposing to enclose the under croft area of the approved dwelling by constructing two additional bedrooms with adjoining ensuites, a lounge and kitchenette. This will add an additional floor area of 59m². A copy of the proposed plans are shown attached.

ATTACHMENT: 9.5.2(1)

Council is requested to consider the application due to the variations to the Policy in respect of the total floor area proposed and that a refusal is recommended, as detailed in the comment section below.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) for a 21 day period to adjoining land owners. No comments where received during this period.

COMMENT (Includes Options):

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

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

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

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

The subject property is zoned Priority Agriculture by the Scheme. The purpose of the zone as outlined in Clause 4.41 is to provide for the sustainable use of high quality agricultural land, preserving existing agricultural production and allowing for new agricultural production.

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

Land Use Classification

The proposed dwelling is consistent with the land use classification of ancillary accommodation (dwelling) as defined in the State Planning Policy 7.3 – Residential Design Codes Volume 1 (2019 R-Codes) being “a self-contained dwelling on the same lot as a single house which may be attached to, integrated with or detached from the single house.”

Land Use Permissibility

An Ancillary Accommodation is a ‘D’ use within the Priority Agricultural zone, which is a use that is “not permitted unless the local government has exercised its discretion by granting planning approval.”

Local Planning Policy 6.1.8 – Ancillary Accommodation

As outlined within Local Planning Policy 6.1.8 - Ancillary Accommodation (the Policy) the objective in allowing Ancillary Accommodation is to:

“· facilitate the effective caring of aged or dependant persons within a family environment;

· protect the economic viability of the general farming areas and prevent conflict with adjacent land uses; and

· retain the rural character of the area.”

Consistent with the above objectives, the Policy assessment criteria outlines that Council requires justification for Ancillary Accommodation, which may include the following:

“· Provision of care for aged or dependant persons; or

· Assistance being required from family members to maintain the viability of general farming practices on site.”

Council revised the Policy in July 2021 and incorporated clearer provisions with regards to the floor area relationship of an Ancillary Dwelling to the Primary Dwelling. The Policy States “Council generally requires Ancillary Accommodation to be no greater that 75% of the maximum floor area of the main dwelling to a maximum of 100m²”.

It is estimated that the main dwelling is approximately 330m². To achieve compliance with the Policy an Ancillary Accommodation should be no greater than 100m². The applicant is proposing an Ancillary Accommodation with a total floor area of 170m², which can only be approved through a variation to the Policy provision.

In considering the objectives of the Policy, it should be noted that the accommodation is not proposed to be used for aged or dependant persons and is to be used for family that visit on a short stay basis. It is also noted that the property is not being used for general farming practices.

Second Dwelling

An alternative interpretation of the land use definition to which a discussion is warranted, is the provision in the Scheme that addresses proposed second dwellings in the Priority Agriculture zone. The local government may approve up to two dwellings provided the lot exceeds 40 hectares and is managed for agriculture, tourism or education purposes. This property does not meet these prior requirements.

In providing justification, the applicant has verbally argued that the property was incorrectly zoned Priority Agriculture as there was a working Timber Mill at the time and the land is not capable of being used for farming activities.

Conclusion

As detailed, the applicant received approval under a previous version of the Policy that did not restrict the maximum floor area of an ancillary dwelling. The proposal to increase the floor area exceeds the current provisions and when assessed against the objectives of the Policy and Scheme is not able to be considered compliant. Given the zoning, size of the property and the provisions of Council’s adopted Planning Policy 6.1.8 – Ancillary Accommodation, it is recommended that the application be refused.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

As outlined in the comment section above, the application as submitted is not consistent with the provisions of Planning Policy 6.1.8 – Ancillary Accommodation. It is therefore recommended that the application be refused.

Organisational risk management:

It is considered that an approval to the application in the absence of supportive justification aligned with the objectives of the Scheme will create an undesirable precedence for grouped dwellings on agricultural zoned land.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No.4 refuse to grant planning approval for the extension to an existing Ancillary Accommodation at Lot 50 (209) Black Georges Road, Middlesex (Application TP2021/111) in accordance with the plans shown at attachment 9.5.2(1) for the following reasons:

a) The application as submitted is not consistent with clause 5.34.2.6 of Local Planning Scheme No. 4;

b) The application as submitted is not consistent with the provisions of Local Planning Policy 6.1.8 – Ancillary Accommodation; and

c) Approval to the application as submitted would create an undesirable precedent for the establishment of larger second dwellings on undersized land zoned Priority Agriculture.

ATTACHMENTS
1 ⇨	Attachment 1 - Proposed Development Plans	4 Pages

ATTACHMENT

9.5.3 Proposed Dam with Setback Reduction at Lot 6767 Tynans Road, Jardee

PROPONENT	Mr G Terrigno
OWNER	Mr M Terrigno
LOCATION / ADDRESS:	Lot 6767 Tynans Road, Jardee
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/109 P51701
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	14 October 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a proposed dam with a 5 metre setback to the western and northern boundaries of Lot 6767 Tynans Road, Jardee, being a 27.46 hectare property. Details relating to the dam including the proposed plans are attached and a location plan is provided below.

ATTACHMENT: 9.5.3(1)

Location Plan

The subject property currently consists of pasture and an existing dam and is accessed from Tynans Road.

The applicant is proposing to construct a new dam with a capacity of 100 megalitres (ML). The height of the dam wall will be 9.5 metres with a length of 310 metres and a width of 155 metres at the wing. The inner wall height will be 13 metres.

The applicant has not stated if there will be any associated pumps or sheds for the proposed dam, however has shown an overflow spillway and under wall pipe.

Council is requested to determine the application given that approval to the dam will require a relaxation of normal setback requirements relating to a property boundary.

PUBLIC Consultation Undertaken:

The application was advertised to adjacent landowner in accordance with Clause 9.6 of the Local Planning Scheme No. 4 (the Scheme) and referred to the Department of Water and Environmental Regulation (DWER) for a period of 42 day in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

A submission from the public was received which raised concerns with regards to the overflow and under wall pipe and the potential erosion with the dam wall being only 5 metres from the road boundary and neighbouring boundary.

DWER provided comments with regards to proposed clearing and water licencing. The comments are discussed below and the full submissions are attached.

ATTACHMENT: 9.5.3(2)

COMMENT (Includes Options):

The provisions of the Scheme include the subject land within the Priority Agriculture Zone. The purpose of this zone is to provide high quality agricultural land, particularly where water resources exist, preserving existing agricultural production or allowing for new agricultural production securing suitable land and water resources.

The objectives of the Scheme relating to this zone is to reinforce the requirement for the protection of the rural activities. The following comments are offered to assist Council in determining the application.

Matters to be Considered

As prescribed in clause 10.2 of the Scheme, the local government is required to have regard to various matters when determining an application for planning approval. These matters include, 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…..;

Given the proposed dam will be used for crop irrigation, the application is consistent with the objectives of the Priority Agriculture Zone.

Exempted Development

In accordance with Clause 8.4 of the Scheme, dams located within the Priority Agriculture and General Agriculture zones are exempt from requiring planning approval where the lower edge of the dam wall, and any other part of the dam including the stored water is further than 20 metres from boundaries of the subject land. Planning approval is required in this instance due to the applicant seeking a relaxation of the required setbacks to the western and northern boundaries.

Given the proposed setbacks, approval to the proposed development may only be granted through a relaxation of the setback requirements.

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 a 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, the relaxation of the setback is consistent with the requirements of clause 10.2, and the impact of an approval on either the subject land or adjacent property has been assessed against the Policy position.

Policy Assessment

The application has been assessed against the provisions of Local Planning Policy 6.1.22 – Dams (the Policy) and scored as follows

Risk Category	Score
Construction Type (Catchment Dam)	1
Volume 10-100ML (100ML)	2
Wall Height (5-10m) 9.5m	2
Dam Wall Design (designed by others)	3
Infrastructure Downstream (other dams)	3
Overflow Infrastructure (dam by-pass & overflow by others)	1
TOTAL	12

In accordance with provision 6.2 of the Policy, dams that score between 10 and 15 when assessed against the risk matrix are considered moderate risk. As outlined in the Policy, it is recommended that advice notes be included on any approval relating to a moderate risk dam, advising landowners that:

· The landowner is responsible for the structural integrity of the dam construction; and

· It is recommended that the proposed structure be certified by an appropriately qualified contractor or engineer.

Submissions Received

DWER have advised that the proposal will impact on the environment and water resource values and management. Although the applicant has rights to water due to a spring fed dam, the key issue in relation to the additional water that could potentially be captured (i.e. surface water) in addition to that which is generated from the spring.

Additionally DWER has advised that a clearing permit under the Environmental Protection Act 1986 and a licence to clear under the Country Areas Water Supply Act 1947 will be required.

Public Submission

An adjoining neighbour has raised concerns with regards to the reduced setback of 5 metres and has questioned whether the distance is adequate to allow for vehicle maintenance access, drainage and erosion control. In addition, the neighbour has concerns about the potential damage which could occur to the road infrastructure if the spillway is overflowing and bypass pipe is open.

Shire officers have inspected the road and advised that the existing, drainage in Tynan’s Road is not well suited to taking additional water from an overflow and have recommended conditions to be imposed relating to:

a) Management of overflow and by-pass waters; and

b) The dam wall be certified by a qualified engineer to ensure the protection of the road.

An assessment of the dam against the policy has identified the dam as moderate risk, it is recommended that a recommendation that engineering certification be obtained be included as an advice note only. It is however recommended that an appropriate condition be imposed to ensure that any overflow or by-pass waters are managed so as to prevent any impact on the adjacent road.

The adjoining neighbour also raised a concern about the height of the dam wall and its potential impact on their visual amenity given the wall is situated alongside the driveway and visible from their dwelling. The proposed dam wall will be located approximately 85 metres from the neighbours dwelling. To mitigate the visual impact, the proponent could plant vegetation along the base of the dam wall, which will also assist with erosion control.

Conclusion

Conditional approval to the proposed dam is recommended on the basis that it has been assessed as being a Moderate Risk Dam in accordance with LPP 6.1.22 – Dams.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The applicant has paid the relevant fees as per the Shire’s 2021-2022 adopted fees and charges.

Organisational risk management:

In order to ensure that no impacts occur on Shire infrastructure (Tynans Road), appropriate conditions of approval are proposed.

Financial Implications:

The applicant has paid the relevant fees as per the Shire’s 2021-2022 adopted fees and charges.

Sustainability:

Environmental: The applicant will be required to ensure that the road infrastructure and adjoining property is protected from erosion.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No. 4 grant planning approval to the proposed Dam with a Reduced Setback at Lot 6767 Tynan’s Road, Jardee (Application TP 2021/100) in accordance with the plans and specifications shown at Attachment 9.5.3(1) and subject to the following conditions and advice:

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

Reference	Document Title	Date Received
1.	Site Plan	29 August 2021
2.	Dam Construction Details	29 August 2021
Form	Additional information for dam construction	29 August 2021

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

c) 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;

d) Overflow waters associated with the Dam hereby approved shall not result in the accumulation of water or erosion on the adjacent property or the Tynan’s Road reserve to the satisfaction of the Shire of Manjimup; and

e) A two (2) metre wide landscaping strip, using species native to the location, shall be planted within 120 days and maintained for the life of the development, along the western boundary, to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

i) 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 suitable qualified contractor or engineer;

ii) The two metre wide landscaping is to be positioned so as to maintain an adequate fire and maintenance break along the property boundary. Deep rooted species are not recommended in close proximity to the dam wall; and

iii) An application for a permit to clear under the Environmental Protection Act 1986 and a licence to clear under the Country Areas Water Supply Act 1947 may be required, contract the Department of Water and Environmental Regulation for more details.

ATTACHMENTS
1 ⇨	Attachment 1 - Development Plans and Information	4 Pages
2 ⇨	Attachment 2 - Submissions	8 Pages

ATTACHMENT

9.5.4 Proposed Retrospective Building Modifications and Proposed Use Not Listed (Multipurpose Building) and Reception Centre at Lot 102 (721) Seven Day Road, Jardee

PROPONENT	Mr J P Beissel
OWNER	Mr J P and Mrs K D Beissel
LOCATION / ADDRESS:	Lot 102 (721) Seven Day Road, Jardee
WARD:	West
ZONE:	Tourist Enterprise
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/111 P54562
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	14 October 2021
DECLARATION OF INTEREST:	Nil

Background:

Lot 102 is a 17.35 hectare property situated on the southern side of Seven Day Road, Jardee. The property is known as Fonty’s Pool and Caravan Park and consists of various permanent buildings including chalets, camp kitchens, ancillary buildings, maintenance buildings, the caravan park office and restaurant and the owner’s residence. The owners have recently renovated and modified the original packing shed, which is located near the residence. A location plan is shown below.

Location Plan

The property was rezoned on 14 May 2021 from “Caravan Park” to “Tourist Enterprise” Zone for the purpose of formalising land use approvals for public events and recreational activities open to the public. The owners were requested to submit an application for planning approval for the use of the renovated packing shed as a function venue and recreation space and for the regular use of the property for paid public events.

An application has now been received that includes the following details:

· The use of Fonty’s Pool building and ground for public events such as the Truffle Kerfuffle:

o The event attracts no more than 3,250 people at any one time;

o Music and other noise will not breach the Environmental Protection (Noise) Regulations 1997.

o Waste management is planned for;

o Parking is available on site and a transport shuttle is also offered; and

o Camping areas are available for booking.

· Office and Function room for use as:

o Weddings, parties, corporate and club venue for hire;

o Public Event venue

o Movie and sports days;

o Yoga and fitness classes; and

o Storage.

· Archie’s Hut for storage and incidental food servery during events; and

· Packing Shed:

o Wedding and party venue;

o Yoga and Fitness classes;

o Corporate hire;

o Art/photography display;

o Satellite event venue; and

o Storage.

By way of further background, Council is advised that the recent works on the Packing Shed included its modification to create a food preparation area, two uni-sex ambulant toilets and an accessible compliant toilet. These works were all internal and it understood that it is yet to be used for the intended purpose, being subject of this application.

A copy of the plans and information submitted for approval are attached.

ATTACHMENT: 9.5.4(1)

Council is requested to consider the application as Shire officers do not have the delegated authority for a Use Not Listed.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of Local Planning Scheme No. 4 (the Scheme) for a period of 42 days to the Department of Water and Environmental Regulation (DWER), the Department of Planning Lands and Heritage (DPLH Heritage Council) and for 21 days to adjoining affected land owners.

Comments were received from DPLH that advised that it had considered the proposal in the context of the identified cultural significance and had no concerns to raise.

DWER advised that it remains concerned about the cumulative impacts fragmented development on water resource values and management, where the property’s service infrastructure may be inadequate. It further advised that it expected the Shire of Manjimup to ensure conditions of development approval include a requirement for an upgrade of the associated water management and effluent disposal, if required.

A copy of the submissions are attached.

ATTACHMENT: 9.5.4(2)

COMMENT (Includes Options):

The Scheme includes the subject land within the Tourist Enterprise Zone. The purpose of this zone is to encourage the development of a wide range of tourist and recreational facilities and quality tourist accommodation and activities for visitors at appropriate locations within the rural areas and townsites of the local government area.

To assist Council in determining the application, the following comments and advice are offered.

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;

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

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

Zone Objectives

As outlined within clause 4.11.2 of the Scheme, the objectives in managing and guiding land use within the Tourist Enterprise Zone include:

(i) encourage the development of the zone as one of the focal points for tourist/visitor related activities within the identified area or town while not compromising the visual and landscape qualities of the area;

(ii) make provision for a variety of tourist related land use activities, including chalets, guesthouses, motels, lodges, caravan parks, camping areas and bed and breakfast accommodation and associated cottage industries in locations in close proximity to services and areas of tourism interest; and

(iv) encourage a range of recreational activities and accommodation styles within the Tourist Enterprise zone in a form, style and density which is compatible with surrounding land uses and can be adequately services and complements the natural and built features of the locality.

As the proposed development will provide opportunities for recreational activities, it is considered that the application is consistent with the zone objectives.

Site Specific Scheme Provisions

In addition to the general provisions relating to the Tourist Enterprise Zone, site specific scheme provisions relating to the land are outlined within Schedule 5 of the Scheme. The conditions of use relating to the land require that suitable arrangements are to be made to address—

(a) the potential for land use conflict with adjoining agricultural land use practices;

(b) any impacts on water resource values (including effluent and wastewater disposal); and

The conditions of use are not considered to apply in this instance as the proposed land uses are either temporary in nature or occurring within existing buildings and no additional effluent disposal facilities are proposed. That said, the effluent disposal system associated with the Packing Shed requires a formal assessment given the now installed facilities. This assessment and any required upgrades need to be addressed prior to occupation of the building for event/function purposes.

Requirement for Planning Approval

The ongoing use of land and buildings for private and public functions such as weddings or ticketed events requires the local government’s prior planning approval as a ‘Reception Centre’ or event space. A number of matters are considered during the assessment for ‘Reception Centre’ such as noise management, traffic impacts, visual impacts, car parking, waste management, and emergency management. This view is supported by the findings of a number of recent State Administrative Tribunal cases.

Impact on Amenity of the Area

Public ticketed and private function events have occurred at Fonty’s Pool over many years without the Shire receiving complaints from neighbouring properties. Provided activities are appropriately managed, any potential impacts can be ameliorated or minimised.

Land Use Classification

The applicants intend to utilise the building(s) and caravan park grounds to provide for a range of recreational activities and functions. As such, the proposed land use is considered to be incidental to the primary use of the site, being tourist accommodation.

That said, they are seeking to allow general members of the public in additional to guests of the accommodation the ability to attend the site for certain activities (i.e. Yoga classes). Given that tourists from other accommodation developments in the area and members of the public may attend from time to time, consideration needs to be given as to the availability of parking on-site.

Car parking

Premises used for activities such as Yoga classes do not in the opinion of Shire Officers readily fit within land use definitions contained within the Scheme. As reflected within previous agenda items relating to gymnasiums etc., applications for such uses have generally being classified as a “Health Centre”, being a use not listed within the Scheme.

Typically Local Planning Schemes in Western Australia define a “Health Centre” or “Health Studio” as meaning “land and buildings designed and equipped for physical exercise, recreation and sporting activities including outdoor recreation”.

Whilst a Health Centre is not defined by the Scheme, nor not listed within the Zoning and Development Table, Table 2 relating to carparking requirements identifies that parking for a Health Centre is to be provided at a rate of 1 parking bay per 30m² of floor area. With the Function room having a total area of approximately 182m², and the Packing Shed having a floor area of 110m² parking for a “Health Centre” would normally total 10 parking bays.

In this case as it is anticipated that both venues will not be used concurrently for this activity and that some of the participants in the Yoga classes will be guests on-site, it is recommended that the standard requirement be reduced by 50%. Such an approach would normally result in the applicants being required to provide 3 additional formal parking bays only. However in this case, having regard to the level of visiting parking available within the Caravan Park it is recommended that no additional parking bays be required.

Standard of Parking Construction

As prescribed by clause 5.17.9 of the Scheme, unless otherwise approved by the local government, all parking areas are required to be constructed “with a sealed surface comprising bitumen seal, concrete, brick paving or pea-gravel seal on a compacted gravel base..” with satisfactory drainage, surface lines and landscaping. In this case, the construction of sealed parking bays would not be consistent with existing internal roads and parking bays within the property, which are of gravel construction.

The caravan park currently has an area for visitor parking that can cater for approximately 22 car spaces with a gravel surface. This level of parking is considered appropriate to cater for both the caravan park and “Health Centre” activities.

Given that gravel construction is consistent with the rural amenity of the property, it is recommended that Council consider a relaxation of the construction standard for the recommended parking bays.

During larger public functions and events, an adjoining paddock is available for parking. As these events are temporary in nature, an unconstructed parking area is considered to in keeping with the amenity of the property and as adequate for purpose.

Relaxation of Standards

As outlined within Part 5.5 of the Scheme, where a development does not comply with a standard or requirement prescribed by the Scheme, the local government may, despite such non-compliance, approve the application. This discretion may however only be exercised if the local government is satisfied that “the non-compliance with not have an adverse impact on the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality”.

In this case, given the gravel standard of the existing access ways and the fact the property is located in a rural area, no adverse impacts would be anticipated if the parking requirements, including the standard of construction were relaxed.

Conclusion

Amending the zoning of the property has enabled the landowner to legitimise the ongoing land uses that are incidental yet complimentary to the predominant caravan park land use. The landowner has previously engaged an event company to organise and run successful events and an approval will ensure the ongoing acknowledgement of the property for events.

STATUTORY ENVIRONMENT:

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

Although it could be argued that the works undertaken on the Packing Shed were to facilitate an unapproved use, the works are wholly contained within the building and the building is yet to be used for that purpose. Given this it is recommended that no action be taken for unauthorised works.

Policy / Strategic Implications:

An approval to the application aligns with the following strategies as outlined in the Shire of Manjimup Strategic Community Plan 2021-2031:

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

B7. Encourage wellness industries related to rehabilitation, mental and physical health, aged and disabilities related services and wellness tourism.

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

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Further development on the property will be subject to a comprehensive assessment and review of the wastewater disposal.

Economic: The annual event held at the property is known for drawing thousands of patrons to the region and in turn generates economic benefits.

Social: Ongoing use of the property for events and other functions, particularly after hours has potential to impact on the amenity of the adjacent landowners and the area in general and will require suitable management.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants planning approval for a Use Not Listed (Multipurpose Building) at Lot 102 (721) Seven Day Road, Jardee (TP2021/103) as outlined in the plans and specifications attached at and 9.5.4(1) subject to the following conditions:

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

Reference	Document Title	Date Received
1 of 3	Site Plan	27 August 2021
2 of 4	Existing Function Area Plan	27 August 2021
2 of 3	Packing Shed Plan	27 August 2021
3 of 3	Packing Shed Elevations	27 August 2021
1.	Example Event Site Layout	27 August 2021
2.	List of Proposed Land Uses	27 August 2021
3.	Archie’s Hut Plan	27 August 2021

b) Prior to commencement of the use of the Packing Shed for events and/or functions, the building shall be connected to an on-site waste water system to the satisfaction of the Shire of Manjimup.

c) All parking associated with the use hereby approved shall be wholly contained on-site to the satisfaction of the Chief Executive Officer.

d) Public Events must comply with the Environmental Protection (Noise) Regulations 1997.

Advice to Applicant

i. Further to condition b), the applicant is advised that an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

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

iii. The approved development must comply with all relevant provisions of the Building Code of Australia 2019 Amendment 1. To this end prior to commencement of the use of buildings for events and/or function purposes, the required Occupancy Certificate must be obtained.

iv. The development and associated uses are required to comply all relevant provisions of the Health (Miscellaneous Provisions) Act 1911 (as Amended), Health (Public Buildings) Regulations 1992, the Food Act 2008 and Food Regulations 2009. Prior to commencement of the uses hereby approved, various applications are required under this legislation and it is recommended that you liaise with the Shire of Manjimup’s Environmental Health Team over the preparation, lodgement and approvals processes;

v. The onsite waste water systems at Packing Shed may need to be upgraded. The expanded the effluent pond and installed leach drain overflow has not received prior approvals from Department of Health. This will need to be resolved prior to occupation/use increasing.

vi. A final inspection of the premises will be required to be carried out by the Principal Environmental Health Officer, prior to commencing operation.

vii. Seven Day Road is provided in ‘as is condition’ and will be subject to the Shire’s normal road maintenance procedures and practices only.

ATTACHMENTS
1 ⇨	Attachment 1 - Development Plans and Information	7 Pages
2 ⇨	Attachment 2 - Submissions	3 Pages

ATTACHMENT

APPENDIX

9.5.5 Consideration of Submissions and Final Approval of Proposed Amendment 24 to Local Planning Scheme No. 4 at Lot 7489 (107) and Lot 11286 (105) Burma Road, Pemberton

PROPONENT	Shire of Manjimup
OWNER	Kayelo Equity 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; P50545
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	18 October 2021
DECLARATION OF INTEREST:	Nil

Background:

Council initiated Amendment No. 24 to Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) at its Ordinary Meeting 13 August 2020 in order to:

· rezone a portion of Lot 7489 (107) Burma Road, Pemberton from Future Development to Tourist Enterprise;

· delete Structure Plan Area SCA9/11 over the same portion; and

· change the reserve status of a portion of Lot 248 and Lot 7488 to Local Roads.

At the 29 July 2021 Ordinary Council Meeting, Council resolved to modify the Scheme Amendment documents in order to amend additional clauses within the body of the Scheme text. The resolution (Resolution 28558) was worded as follows:

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.

An excerpt from the August 2020 and July 2021 meeting minutes, incorporating the officer report is appended.

APPENDIX: 9.5.5(A)

Should the amendment documentation be approved by the Minister for Planning, the 2009 endorsed structure plan, that proposes 145 residential lots, will cease to have effect. A copy of the endorsed structure plan is shown appended.

APPENDIX: 9.5.5(B)

A copy of the amendment document, as advertised is shown attached.

ATTACHMENT: 9.5.5(1)

With advertising now complete, the purpose of this report is to request Council to determine whether to proceed with the amendment, with or without modification, having regard to the submissions received.

PUBLIC Consultation Undertaken:

A formal 60 day public submission period was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) and Councils resolution of 29 July 2021. The advertising period included a public notice in the Manjimup Bridgetown Times on 11 August 2021. The amendment was also advertised on the Shire of Manjimup website, correspondence was forwarded to relevant government agencies and surrounding landowners and a sign was placed on site.

Comments on the proposal closed on 11 October 2021, with a total of 17 submissions being received from government agencies, including 8 from members of the public. One late submission from the public was also received. The Department of Fire and Emergency Services (DFES) has not supported the proposal due to insufficient information in the bushfire management plan.

The majority of the public submissions received were not opposed to the rezoning of the private land, by opposed the extension of Forestry Glen as a result of future development and the impact of tourist traffic.

All submissions have been summarised in the attached Schedule of Submissions.

ATTACHMENT: 9.5.5(2)

The matters raised in the submissions are addressed in the Comment section overleaf.

COMMENT (Includes Options):

All comments made in the submissions are summarised in the Schedule of Submissions. However, the main issues that were raised are discussed below:

State Government Comments

Department of Water and Environmental Regulation (DWER)

DWER have provided comments with regards to the timing of the assessment of the Site Soil Evaluation for the land to be developed for residential use, the required evaluation of the soil at the tourism land, the proposed clearing of native vegetation and the recommendation for a financial analysis for a sewer connection.

Conditions to this effect have been introduced into the recommended Schedule of Modifications to trigger the assessment at subdivision/development application stage.

DFES

Within their submission DFES has requested clarification on a number of matters with regard to the identified BAL ratings, modification of the existing vegetation classifications, the reticulated water supply and confirmation of DBCA approval to the provision of an alternative emergency access way as proposed.

Notwithstanding this, DFES clearly state that they do not support the proposal for various reasons, which are summarised as follows:

· The proposed rezoning to “Tourist Enterprise” enables a number of presently prohibited vulnerable land uses that do not fall within the scope of unavoidable development;

· The proposal does not comply with the intent, objectives and policy measures of State Planning Policy 3.7;

· The proposal is in an area where an extreme bushfire hazard exists making the location unsuitable for intensification; and

· The proposed amendment (informed by the accompanying Structure Plan) would increase the bushfire threat through the introduction of additional people, property and infrastructure at this location.

In response Shire Officers support the DFES comments in respect of the revisions and clarifications required in respect to the Bushfire Management Plan. Shire Officers do not however support those comments made by DFES in respect of opposing the Scheme Amendment on the following grounds:

a) The level of development within the proposed Tourist Zone as reflected within the draft Bushfire Management Plan is indicative only and does not reflect the new landowner’s intentions. In any event, the further approval of the Shire will be required and any application for such will need to be supported by a further Bushfire Management Plan;

b) Development of the residential lots as proposed would result in the extension of the Water Corporation’s reticulated water supply. This provides opportunity for additional bushfire fighting facilities and infrastructure (i.e fire fighting tank and/or stand pipe) in the immediate area, connected to the reticulated water supply that would otherwise not be made available;

c) Establishment of a secondary escape route through DBCA land to Forestry Glen will provide a secondary escape route from the nearby Gloucester Tree and Arboretum that would not otherwise be available in the event of a fire abutting Burma Road; and

d) When compared to the current approved Structure Plan, the revised proposal represents a significant reduction in the amount of resultant development and people, notwithstanding that the benefits outlined in points a) and b) above will still be achieved.

It is recommended that DFES and the Western Australian Planning Commission be advised of the above.

Department of Health (DoH)

DoH have provided comments with regards to the timing of the assessment of the Site Soil Evaluation for the land to be developed for residential use, the required evaluation of the soil at the tourism land. It has recommended that a connection to deep sewerage be investigated. The applicant has responded to this issue advising that extensive investigations were undertaken for the 2009 Structure Plan, and it is not reasonable to connect the land to sewer at an additional cost of $38,000 per lot.

DoH have also recommend the risk from mosquitos and mosquito borne diseases be investigated. As an alternative, it is recommended that a requirement for the ongoing management of mosquitoes be addressed through a management plan relating to the ongoing management of the water body within the Tourist Zone.

Department of Biodiversity Conservation and Attractions (DBCA)

DBCA has not objected to the amendment to the Scheme and has requested to be included in the resolution of the proposed land swap to provide further input to the development.

Public Submissions

Whilst no submissions were against the proposal to rezone the land, there were a number of submissions objecting to the extension of Forestry Glen as a secondary access to the development that could occur on the land being rezoned for tourism. Many of the residents of Glew Street and Forestry Glen were not supportive of the additional traffic that could potentially be using the streets as a means of accessing the subject land. The arguments against the proposal is that the street was not wide enough and did not currently have a footpath to support additional traffic.

The Bushfire Management Plan prepared in support of the amendment, provided a concept development, which indicated the land use could potentially be a caravan park. It appears that this concept development has created concerns regarding caravans using Forestry Glen to access the subject land.

Whilst a caravan park could be a considered land use within the Tourist Enterprise Zone, any such proposal would be subject to prior planning approval and would likely be supported by a transport impact assessment and management plan. To ensure future developers are aware of this requirement it is recommended that this be introduced into the conditions for use in the Tourist Enterprise Zone, contained within Schedule Five of the Scheme.

Additionally it should be noted that with the 2009 endorsed Structure Plan, a secondary access would have been required under the current planning framework. Although the Structure Plan showed a connection to the high school land, this connection would have not achieved an acceptable access and Forestry Glen would have likely have been used and carried traffic associated with 145 residential dwellings. A copy of the Structure Plan is shown at Appendix: 9.5.5(C).

Two of the submissions received were against the development for environmental concerns relating to native vegetation clearing and the potential loss of wildlife as a result. As discussed above, the proposal to clear native vegetation will be assessed by DWER under the Country Areas Water Supply Act 1947.

A submission was received by the now owners of Lot 7489 in support of the amendment with further clarification and justification for the road connection and onsite effluent disposal.

Modifications to Amendment Resolution

A recommended Schedule of Modifications to the Amendment, responding to the submissions received has been prepared and is attached. The modifications proposed will require additional conditions to be included into Schedule Five and Schedule Eleven of the Scheme text and the BMP to be updated.

ATTACHMENT: 9.5.5(3)

Only the Minister may modify a Scheme amendment after advertising. It is therefore recommended that Council request the Minister for Planning approve the amendment subject to the recommended modifications.

Conclusion

The submissions received do not identify any matter that prevents the Amendment proceeding to final adoption. It is recommend that Amendment No. 24 be approved by Council subject to those modifications outlined within the Officer Recommendation and reflected at Attachment 9.5.5(3).

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Planning and Development (Local Planning Schemes) Regulations 2015.

Policy / Strategic Implications:

The proposed amendment has been processed as a complex amendment given that the proposal is not consistent with the Local Planning Strategy and will have an impact that is significant relative to development in the locality.

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:

Nil.

Financial Implications:

The Shire of Manjimup has undertaken to finalise the application process as a result of the original proponent no longer being associated with the land. Costs associated with any modifications to the amendment documentation and advertising of the adoption will be met through the Statutory Planning Operational Budget.

It should be noted that the land has now been purchased by a new landowner who is seeking to proceed with subdivision of the land as shown in the proposed Structure Plan.

Sustainability:

Environmental: Protection and retention of native vegetation within the residential subdivision can be achieved through the design of newly created lots.

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. Pursuant to Regulation 41 (3) of the Planning and Development (Local Planning Schemes) Regulations 2015 endorses the Schedule of Submissions relating to Amendment No. 24 as attached at 9.5.5(2);

2. Pursuant to Regulation 41 (3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 endorses the Schedule of Modifications relating to Amendment No. 24 as attached at 9.5.5(3) and requests these be incorporated into Amendment No.24 by the Minister of Planning; and

3. Pursuant to section 75 of the Planning and Development Act 2005 and Regulation 41 (3) of the Planning and Development (Local Planning Schemes) Regulations 2015 adopts Amendment No.24 to Shire of Manjimup Local Planning Scheme No.4 as attached at 9.5.5(3), subject to those modifications outlined in Point 2 above.

ATTACHMENTS
1 ⇨	Attachment 1 - Amendment 24 as Advertised	108 Pages
2 ⇨	Attachment 2 - Schedule of Submissions	5 Pages
3	Attachment 3 - Schedule of Modifications	2 Pages

APPENDICES
a ⇨	Appendix A – 13 August 2020 and 29 July 2021 Minutes	19 Pages
b ⇨	Appendix B - 2009 Endorsed Structure Plan	1 Page

ATTACHMENT

9.5.6 Proposed Overheight Outbuilding at Lot 22 (2) Anning Court, Walpole

PROPONENT	Mr TA & Mrs FM Goodlich
OWNER	Mr TA & Mrs FM Goodlich
LOCATION / ADDRESS:	Lot 22 (2) Anning Court, Walpole
WARD:	South
ZONE:	Residential R10
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/110; P56104
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	27 October 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider a development application for the construction of an ‘Overheight Outbuilding’ at Lot 22 (2) Anning Court, Walpole. Location, site and development plans are attached.

ATTACHMENT: 9.5.6(1)

Location Plan

The subject property has an area of 1,223m² and is situated on the corner of Karri Street and Anning Court and has access off both streets. The subject property is currently vacant but the applicant has been granted development approval for a dwelling. The subject property is located within Planning Precinct Walpole 1 – Boronia Ridge Residential Estate (Special Design).

The applicant is proposing to construct a 58.4m² outbuilding being 5.9 metres by 9.9 metres with a wall height of 4.1 metres and a ridge height of 4.6 metres. Details submitted in support of the application indicated that the outbuilding is to be constructed of a galvanised steel frame with custom orb roofing in Colorbond® Surfmist and Colorbond® Evening Haze trimdeck walls.

In terms of the future dwelling, the applicant has stated that the proposed modular dwelling was to be delivered to site in early October, but inspection of the property prior to the preparation of this agenda has confirmed this is yet to occur.

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

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

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

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 21 day period to the adjoining landowners. The submission period closed 28 September 2021, with no comments or objections received.

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 an applicable density of R10. The proposed outbuilding structure constitutes a domestic outbuilding, which is defined by the State Planning Policy 7.3 Residential Design Codes Volume 1 (R-Codes) as ‘An enclosed non-habitable structure that is detached from any dwelling.’

Outbuildings within Residential Zones are required to comply with the requirements prescribed by the Scheme, R-Codes and Local Planning Policy.

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

Matters to be Considered

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

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

(iii) any approved State Planning Policies of Commission;

(vi) the local governments adopted Local Planning Strategy and a 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;

(xiii) the likely effect of the proposal on the natural environment and any means that are proposed to protect or mitigate impacts on the natural environment;

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

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

(xxvi) any relevant submissions received on the application.

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

Building Envelope

The subject property has a building envelope that has a front setback of 7 metres and a 3 metre rear setback, 10 metre left side setback and 5 metre to the right side setback. The purpose of the Building Envelopes within Boronia Ridge Estate is to maximise the retention of vegetation on the property to:

(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.

The proposed dwelling will be constructed within the building envelope with the carport being on the edge of the building envelope. For the applicant to achieve a 6 metre separation distance between the two developments, the outbuilding is to be constructed 1 metre outside of the building envelope.

The applicant has stated in an email that they intend to move their house 3 metres to the west to allow a 6 metre distance between the developments to take into consideration the BAL19 restrictions.

Scheme Provisions

In accordance with clause 5.12.8 planning approval will not be granted for any outbuildings that does not contain a residence unless otherwise approved by the local government. It is understood that the intent of this requirement was to ensure that an Outbuilding was only used in association with a residence. The Policy provides guidance on the assessment of Outbuildings, recommending a requirement for the construction of a dwelling within 2 years of the date of approval.

Clause 5.12.8 of the Scheme further prescribes that the design and construction of outbuildings is required to be in accordance with the provisions of the local governments Local Planning Policy – Outbuildings. An assessment against the Policy requirements is provided below.

Local Planning Policy 6.1.3 – Outbuildings

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

The Policy outlines that a variation of up to 10% may be permitted in respect of wall heights. In this case, the proposed wall height of 4.1 metres is 36% greater than the deemed-to-comply provisions. The ridge height of 4.62 metres meets the 10% variation. As a result approval to the application can only be granted through a variation of the Policy.

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

Given the size of the property and the fact that the outbuilding is proposed at the side, approval to the wall and ridge heights as proposed are not likely to introduce any visual or other impact on the streetscape. On this basis, a variation to the Policy is supported.

Although the landowner has received planning approval for a dwelling, both the Scheme and Policy require the development of a dwelling either at the same time or prior to the Outbuilding. Should Council support the proposal, it is recommended that a condition be imposed requiring a dwelling to be substantially completed within a 2 year period.

Conclusion

Given the proposed Outbuilding is to be located to the side of the property the streetscape amenity is unlikely to be reduced, and given no objection was received in response to the public consultation, the proposal is recommended for conditional approval.

To ensure that the Outbuilding is not used for any form of habitable purposes, an appropriate condition of approval is proposed.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

The development application fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grant planning approval to the proposed Overheight Outbuilding at Lot 22 (2) Anning Court, Walpole (Application TP102/2021) in accordance with the plans and specifications shown 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:

Plan Ref	Title	Received
1	Location Plan	27 August 2021
2	Floor and Elevation Plans	27 August 2021

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

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

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

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

Advice to the 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) If the approved outbuilding is to be constructed within 6 metres of the dwelling on the property, the development will need to be constructed in accordance with the requirements of the Australian Standard AS3959 “Construction of Buildings in Bushfire Prone Areas”.

ATTACHMENTS
1 ⇨	Attachment No.1 - Site and Development Plans	2 Pages

ATTACHMENT

9.5.7 Proposed Nine Lot Subdivision at Lot 20 Kennedy Street, Pemberton

PROPONENT	Able Planning and Property Management
OWNER	Gingerly Properties Pty Ltd
LOCATION / ADDRESS:	Lot 20 Kennedy Street, Pemberton
WARD:	West
ZONE:	Residential R10/20
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/130; P51304
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	27 October 2021
DECLARATION OF INTEREST:	Nil

Background:

The Western Australian Planning Commission (WAPC) has referred a proposed nine (9) lot subdivision relating to Lot 20 Kennedy Street, Pemberton (subject land) to the Shire of Manjimup for comment.

The subject land has an area of 1.6 hectares and it is located as shown below between Burma Road and Widdeson Street. The land currently contains a dwelling and garage. A footpath runs along Kennedy Street and Burma Road frontages, with street lights on Kennedy and Widdeson Streets and power poles on Kennedy and Widdeson Streets and Burma Road. A location plan is shown below.

LOCATION PLAN

The WAPC is requesting the Shire’s comments on a subdivision comprising of eight new green title lots each being between 885m² and 923m² and a balance lot of 8,773m². A copy of the subdivision application is attached.

ATTACHMENT: 9.5.7(1)

This application is referred to Council for determination, given that Shire Officers do not have delegated authority to process a subdivision that will result in the creation of more than five lots.

PUBLIC Consultation Undertaken:

The application has been referred to the Shire by WAPC as part of their consultation process. No public consultation was undertaken.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No.4 (the Scheme) include Lot 20 in the Residential Zone, with a density of R10/20.

Residential Zone Objectives

As outlined within Clause 4.3.2 of the Scheme, the objectives in managing and guiding land use, development and subdivision of Residential zoned land include, but not limited to:

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

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

(vi) ensure development and use are appropriately serviced; and

(vii) ensure that the density of the development takes cognisance of the availability of reticulated sewerage, the effluent disposal characteristics of the land and other servicing and environmental factors.”

Subdivision Standards

Scheme provisions relevant to the subdivision of land within the Residential Zone are outlined within part 5.33. By way of summary, the following considerations apply for subdivision in the Residential Zone:

a) Ensuring subdivision complies with a structure plan, where applicable;

b) Application of the Residential Design Codes to all residential development;

c) Connection to reticulated sewerage for development that has a density greater than R10; and

d) Regard must be given to the Residential Design Codes, WAPC guidelines and both WAPC and Local Government Policies.

Additionally, clause 5.33.3.2 stipulates that the local government shall not support any application for subdivision of land within the Residential zone in the district unless an endorsed Structure Plan has been prepared in accordance with the requirements of clause 6.4. The requirement for a Structure Plan can however be waived in accordance with clause 5.33.3.4, if in the opinion of the local government, the proposal:

(i) is unlikely to have any significant environmental impact;

(ii) is an in area where no further subdivision potential is apparent;

(iii) does not require and is unlikely to create the requirement for additional services;

(iv) does not prejudice the subsequent preparation and adoption of a Structure Plan; and

(v) is consistent with the objectives and provisions of the zone.

In this case, the subdivision as proposed represents a logical extension of the existing residential areas located to the western side of Widdeson Street, with similar lot sizes. Other than the potential for further subdivision, due to the maximum density identified by the Scheme, the proposal is consistent with the above requirements and the waiving of the requirement for a structure plan is recommended.

Further advice regarding the potential for further subdivision is provided below.

R-Codes Assessment

As stated above, the Scheme applies a density of R10/R20 to Lot 20, meaning for a R10 density 16 dwellings with an average lot size of 1000m² and for a R20 density, 36 dwellings with an average lot size of 450m². Clause 5.3.2 of the Scheme states that where a dual Residential Design Code is indicated on the Scheme Map, the higher density code will only be considered where the development can be connected to reticulated sewerage.

Seven (7) of the lots have an average of 909m², one lot being 885m² while the remainder of the subject lot being 8,773m² in area. These lots could have potential to be further subdivided in the form of battle-axe lots.

Potential to limit further Subdivision

In finalising the Shire’s new Draft Local Planning Scheme No 5, it is recommended that Council consider the future applicable density to prevent further subdivision of the 8 proposed residential lots and provide certainty for future purchases in respect of lot sizes. For example, by applying a density of R12.5, the average lot size of 800m² would result in the 7 lots over 900m² having no further subdivision potential and of a density consistent the with surrounding development.

State Planning Policy

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

General Requirements

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

· convenient to areas of passive and active open space in accordance with Liveable Neighbourhoods and Development Control Policy 2.3 — Public Open Space, in terms of appropriate location and configuration, and having regard for the existing and proposed distribution of open space in the immediate locality;

· The WAPC may require lot reconfiguration to facilitate retention of significant trees and mature vegetation; and

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

Public Open Space

In addition to the above requirements, Development Control Policy No 2.3 (DC2.3) specifies that in subdividing land for residential purposes the WAPC’s normal requirement is that, where practical, 10% of the gross subdividable area is required to be given up free of cost by the subdivider for Public Open Space (POS). The purpose of this is to ensure that the provision of POS is proportionate with the needs of the growing community.

Whilst DC 2.3 also specifies that the WAPC will not normally require a POS contribution for five lots or less, this is only where:

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

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

In this case the applicant has stated that open space has already been given up as part of the creation of Lot 20. A search of the Shire records have not found the original subdivision application and the associated details relating to the provision of POS. On this basis, if the subdivision was supported by Council, it would be recommended that the Commission be requested to determine if the requirements have been met or that the subdivider be required to provide 10% POS. As an alternative, Council may be willing to accept the payment of cash-in-lieu, which could be used to further development of existing POS in the immediate area.

Additionally, the applicant has been in negotiation with the Shire and Department of Planning, Lands and Heritage (Land Management Section) on purchasing Lot 281 to assist with the residential subdivision.

Conclusion

The proposed subdivision is generally consistent with the provisions of the Scheme and is consistent with the existing form of single residential development in the area. It is therefore recommended that Council conditionally support the proposal.

It is also recommended that Council consider adjusting the residential density applicable to the proposed lots to prevent further subdivision in the form of battle-axe developments.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Approval to subdivide the land as proposed will provide the landowner the opportunity to proceed with the creation of eight residential allotments.

Whilst the Shire of Manjimup’s Strategic Community Plan 2021-2031 does not contain specific reference to the provision of standard residential lots, the creation of new residential allotments will provide an opportunity for the construction of new dwellings and associated infrastructure such as outbuildings, fences etc. and ensure that there is a range of residential lifestyles available.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: The proposed subdivision will introduce new landowners to the Pemberton area and will assist in supporting the local economy.

Social: There is currently limited housing and/or vacant land available for purchase in the Pemberton Townsite. Subdivision of the land as proposed will create opportunity the establishment of new residential development.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with clause 5.33.3.3 of Local Planning Scheme No 4 waive the requirement for structure planning on the basis that the subdivision as proposed is consistent with the principles of orderly and proper planning and will not prejudice the future subdivision or development of the area;

2. Advise the Western Australian Planning Commission that it is prepared to support the proposed nine lot subdivision at Lot 20 Kennedy Street, Pemberton and recommends the following conditions:

a. All buildings and effluent disposal systems having necessary clearance from the new boundaries as required under the relevant legislation including the Local Planning Scheme, Building Act 2011, and National Construction Code Series/Building Code of Australia (as amended);

b. Engineering drawings and specifications are to be submitted, approved, and works undertaken in accordance with the approved engineering drawings, specifications and approved plan of subdivision, for grading and/or stabilisation of the site to ensure that:

i) lots can accommodate their intended use; and

ii) finished ground levels at the boundaries of the lot(s) the subject of this approval match or otherwise coordinate the existing and/or proposed finished ground levels for the land abutting; and

iii) stormwater is contained on-site, or appropriately treated and connected to the local drainage system.

c. Suitable arrangements being made with the local government for the provision of kerbing and drainage on Burma Road and Widdeson Street and the upgrading of kerbing and drainage on Kennedy Street adjacent to the lots at the full cost of the applicants;

d. Prior to the commencement of subdivisional works, measures being undertaken to identify any vegetation on the site worthy of retention, including any potential habitat or foraging trees for threatened fauna species, and protection measures implemented to ensure such vegetation is not impacted by subdivisional works.

e. The landowner/applicant shall make payment to the local government for a sum equivalent to the value of 10 per cent of the land, being that portion of land that would otherwise be provided as open space, in accordance with Section 153 and 155 of the Planning and Development Act 2005.

f. All local streets within the subdivision being truncated in accordance with the Western Australian Planning Commission’s Liveable Neighbourhoods policy/DC 1.7 General Road Planning;

g. Suitable arrangements being made with the local government for the provision of vehicular crossover(s) to service the lot(s) shown on the approved plan of subdivision; and

h. Redundant vehicle crossover(s) to be removed and the kerbing, verge and footpath (where relevant) reinstated with grass or landscaping to the specifications of the local government.

Advice to Applicant:

i. The landowner/applicant is advised that no street verge trees are to be removed. Street verge trees are to be retained and protected from damage, including unauthorised pruning, unless otherwise approved by the local government. In this regard, the landowner is advised to liaise with the Shire of Manjimup prior to commencement of subdivisional works; and

ii. The applicant/landowner is advised that pursuant to the Commonwealth Telecommunications Act 1997 there will generally be a requirement for the installation of fibre-ready telecommunications infrastructure. Exemptions can be sought for certain types of development. Further information is available from the Australian Government Department of Infrastructure, Transport, Regional Development and Communications website at www.infrastructure.gov.au

3. Further to recommended condition (e), the Western Australian Planning Commission be requested to determine if in fact a Public Open Space contribution is required to be made as part of this application for subdivision; and

4. Request the Chief Executive Officer that in preparing draft Local Planning Scheme No 5, apply a maximum desnity of R15 in accordance with the Residential Design Codes of Western Australia to those residential lots to be created as a result of this subdivision in order to appropriate guide the subsequent development of the land and prevent further subdivision of the lots.

ATTACHMENTS
1 ⇨	Attachment 1:- Plan of Subdivision	1 Page

ATTACHMENT

9.5.8 Request for Support to Proposed Scheme Amendment over Lot 2084 (87) Dingup Road, Dingup

PROPONENT	Mr BL Nicol
OWNER	Mr BL Nicol
LOCATION / ADDRESS:	Lot 2084 (87) Dingup Road, Dingup
WARD:	East
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P55612
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	29 October 2021
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a 52.95 hectare property on the northern side of Dingup Road which is currently developed used for horticultural purposes and stock (beef cattle). The property contains a dwelling, four outbuildings, two stock dams as well as a large dam, which was previously approved by Council.

As shown on the location plan below, the land is located opposite a Rural-Residential estate located on the corner of Muir Highway and Dingup Road. The property also borders two Rural-Residential lots to the east. The balance of land abutting the site is included State Forest.

Location Plan

The request from the landowner is to initiate a Scheme Amendment to rezone the existing property from “Rural Residential” to “Priority Agriculture” with the intention of increasing horticultural production on the subject lot. A copy of the request received from the land stating the purpose and intent of the rezoning is attached.

ATTACHMENT: 9.5.8(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

To assist Council in considering the request for a Scheme Amendment, the following information is offered:

Zoning History

The subject property was previously zoned as “Rural” under Town Planning Scheme No 2. The previous landowner sought to rezone the subject property from “Rural” to “Special Rural” and the introduction of additional Scheme provisions and controls over the land in order to facilitate subdivision of the land.

The current zoning allows for the potential subdivision of the land into 23 rural residential lots with an average size of 2.0ha.

Current Zoning

As identified in the background section of this agenda item, the provisions of the Scheme currently include the land within the Rural Residential zone.

Zone Purpose

The purpose of the Rural Residential zone, as outlined in clause 4.6.1 of the Scheme is “to provide for low density residential development in a rural setting consistent and compatible with adjacent land use activity, landscape and environmental attributes of the land.”

Zone Objectives

Consistent with the above purpose, the Scheme identifies the following objectives of the Rural Residential Zone:

(i) encourage a variety of lot sizes and appropriate designs which accommodate environmental opportunities and constraints and landscape protection requirements;

(ii) encourage the introduction of clearing and land management controls and restrictions, environmental repair where appropriate;

(iii) provide the opportunity for subdivision where identified in an endorsed Local Planning Strategy, in order to provide for more efficient use of existing rural-residential areas in close proximity to existing townsites (where essential services are available and where the existing agricultural, landscape and conservation values of the locality will not be compromised);

(iv) facilitate the conservation of native vegetation, water courses and water bodies and other environmental features and, where appropriate, to provide for environmental repair; and

(v) encourage opportunities for innovative design and clustering of houses and other structures to minimise the impact on adjacent land uses, protect landscape and remnant vegetation and to utilise the more efficient use of services.

The current zoning is consistent with the zoning of existing Rural Residential lots abutting the site to the east and on the southern side of Dingup Road to the south-west of the subject land.

Proposed Zoning

The zoning of the land surrounding this property is mainly Priority Agriculture with a parcel of land adjacent that has been subdivided and is zoned Rural Residential. There is also a parcel of land to the west of Dingup Road off Muir Highway that is also zoned Rural Residential. Land to the north and south of the subject land is zoned as State Forest and other Forest Reserves.

As stated, the applicant is not intending to subdivide the property and has the intention to increase the horticultural operations on the subject property. The proposed zoning would be consistent with the landowners intent and Priority Agriculture zoning in the area.

Potential for Land Use Conflict

Many rural activities have the potential impact on the amenity of adjacent dwellings and the area generally through noise, dust, spray drift and odours associated with both horticultural and stock related activities. Due to the proximity of the existing Rural-Residential homes, the landowner may not be able to undertake certain land uses that would otherwise be possible on Priority Agricultural Land.

Environmental Protection Authority Guidelines

In June 2005, the Environmental Protection Authority (EPA) produced the current Guidelines entitled “Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses”. These guidelines provide advice on the "use of generic separation distances (buffers) between industrial and sensitive land uses to avoid land use conflicts between incompatible land uses.”

In terms of rural land uses, the Guidelines recommend minimum buffer distances for various uses including but not limited to Animal Feedlots, Aquaculture, Extractive Industries, Dairies, Dog Kennels, Food Processing, Horse Stables, Livestock saleyard or holding pens, Market Gardens, Nurseries, Orchards, Piggeries (which vary depending on size and form), Turf Farms and Vineyards. Generally speaking, a minimum buffer of 500 metres is recommended between typical intensive agricultural and horticultural land uses.

Impact of Required Buffers on Future Land Use

The application of a generic 500m buffer as measured from the adjacent dwellings will effectively result in the majority of the land being unable to be developed or used for intensive agricultural or horticultural purposes. Should Council resolve to support the landowners request, it is recommended that the amendment documentation should address the location of the adjacent Rural Residential land and dwellings and the impact on the EPA recommended land use buffers in order to demonstrate that the resultant land uses can be undertaken without detrimentally impacting on the amenity of the adjacent land.

Consistency with Local Planning Strategy

The 2003 Local Planning Strategy identifies Lot 2084 as Priority Agriculture and suitable for rural pursuits, such as agriculture – extensive and horticultural pursuits. The proposal is therefore consistent with the recommendations of the adopted Local Planning Strategy.

Amendment Process

Council is being requested to initiate the Amendment. Until such time that initiation occurs the proposal remains outside of the legislative process that is dictated by the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. There is no avenue of appeal in the event that Council does not initiate an amendment.

Should Council resolve to initiate the Amendment, it needs to be mindful that once this act occurs, the Amendment is required to be processed and determined. Therefore, it is prudent that Council is satisfied that the Amendment is sufficiently justified and contains an appropriate level of detail for it to be determined by the Western Australian Planning Commission (WAPC). This is necessary in order to provide a high degree of confidence that the resultant development will meet the objectives of orderly and proper planning.

Should Council support the applicant’s request, Shire staff will liaise with the landowner over the preparation of suitable scheme amendment documents. Once these documents are available, a further report will be prepared for Council to consider adoption and advertising of the amendment in accordance with requirements of the Planning and Development Act 2005.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The amendment is consistent with Council’s Local Planning Strategy as discussed above.

The 2021-2031 Strategic Community Plan supports agricultural pursuits within both Priority and General Agriculture zoned land.

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

Organisational risk management:

Nil.

Financial Implications:

Should Council resolve to proceed with the Scheme Amendment as requested, all costs will be borne by the proponent.

Sustainability:

Environmental: The site is clear of native vegetation.

Economic: The development has the potential of generating economic activity within the Manjimup area.

Social: Due to care will need to exercised by the land owner to ensure that any intensification of the agricultural or horticultural use of the property will not detrimentally impact on the amenity of the adjacent and nearby Rural-Residential land and dwellings.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Resolve to advise the landowner that it is prepared to consider the proposed Scheme Amendment over Lot 2084 (87) Dingup Road, Dingup subject to the following matters being addressed:

a. Preparation of a standard Scheme Amendment document in accordance with the requirements of Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015; and

b. The Scheme Amendment documentation referred to in point 1(a) above addressing the location of the existing Rural Residential land and associated dwellings and the recommended land use buffers for intensive agricultural uses as outlined within Environmental Protection Authorities “Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses”, in order to demonstrate that the resultant land uses will not detrimentally impact on the existing amenity.

2. Defer consideration of the adoption and advertising of the Scheme Amendment referred to in point 1 above, pending a further report to Council following the receipt of amendment documentation to the satisfaction of the Chief Executive Officer.

3. Should the Amendment process not be completed prior to the drafting of Local Planning Scheme No. 5, incorporate the rezoning in that process.

ATTACHMENTS
1 ⇨	Attachment 1: Scheme Amendment Request	1 Page

ATTACHMENT

9.5.9 Proposed Hotel Accommodation - No 80 (Lot 156) Rose Street, Manjimup

PROPONENT	Property Genesis Architects
OWNER	Manjimup Investment (WA) Pty Ltd
LOCATION / ADDRESS:	No 80 (Lot 156) Rose Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA21/146 & P53170
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	2 November 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider revised plans for a Hotel development on the subject property, being 8,423m² and located on the corner of Rose and Giblett Streets within the Manjimup Town Centre. The lot was created as a Short Stay Accommodation site as part of the Town Centre Revitalisation Project.

As reflected within the location plan below, the site is located immediately south of the Manjimup Heritage Park, to the east of the Wellness Centre and north of the Manjimup Police Station. The site has extensive road frontage to both Giblett and Rose Streets.

Location Plan

In November 2019, Council resolved (Resolution 28039) to dispose of the property to Manjimup Investment (WA) Pty Ltd subject to various conditions. These conditions included a requirement for Stage 1 works to be completed prior to expiry of a six year lease.

Subsequently on 15 October 2020, Council resolved to grant conditional planning approval to a development comprising 55 accommodation units using a traditional motel style design, a combined Reception/Restaurant building with seating for 80 people, an enclosed heated swimming pool, spa, gymnasium and a laundry building.

An application has now been received for a substantially different design, which is summarised as follows:

· 78 prefabricated accommodation units, comprising of 64 standard rooms, of which 8 are accessible compliant rooms and 14 deluxe units;

· A Club House building, consisting of a combined reception, bar, café and amenities including an indoor swimming pool, gymnasium, small souvenir store, three food tenancies external to the building along with an alfresco dining area. Seating for up to 120 people will be provided;

· A total of 87 carparking bays.

Whilst copies of the plans, including artistic impressions of the development are shown attached, larger A3 copies will be provided to elected members prior to the meeting.

ATTACHMENT: 9.5.9(1)

Given the substantial differences between the application that was conditionally approved by Council in October 2020 and the current design, Council is requested to determine the proposal as a fresh application rather than revised plans.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the land within the Town Centre Zone. The application is consistent with the purpose of the Town Centre Zone, which is to “provide for the establishment and ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of surrounding areas.

In considering an application for planning consent, clause 10.2 of the Scheme requires that the local government has regard to various matters, including, but not limited to:-

(i) The aims and provisions of the Scheme;

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

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

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

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

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

(vii) Whether adequate provision has been made for the landscaping.

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

Land Use Classification

The previous design, conditionally approved by Council in October 2020 was based on a traditional motel design, with parking provided immediately adjacent to each of the proposed accommodation units.

The revised application describes the proposed development as “New Hotel Accommodation, Café and Gymnasium”. The Scheme defines a Hotel as follows:

Hotel “means premises providing accommodation the subject of a hotel license under the Liquor Licensing Act 1988, and may include a betting agency on those premises, but does not include a tavern or a motel”.

Land Use Permissibility

The provisions of the Scheme identify that a Hotel is a “D” use within the Town Centre Zone. That is a use that is “not permitted unless the local government has exercised discretion by granting planning approval.”

In terms of the associated uses, the developer has advised that three external tenancies adjacent to the Clubhouse Building will be available for members of the general public to purchase take-away food. All other facilities will not be open to the public. As a result, the facilities within the Clubhouse Building are considered to be incidental to the accommodation and will not result in any additional parking requirements.

To ensure the use of the facilities are restricted to guests only, unless otherwise approved by Council, it is recommended that an appropriate condition is imposed.

Planning Precinct

The Scheme includes the subject land within Planning Precinct MP1A, which relates to the traditional town commercial and business centre. As outlined in clause 2.1.1 of the Scheme, the continuation of the individuality that is representative of most eras is encouraged.

The provisions relating to the Planning Precinct, outline a range of matters that development will be encouraged to address. The matters relevant to the subject application are:

· Accommodate tourist and entertainment orientated activities;

· Maintain a mix of larger and small scale development but where larger new developments and designed to appear as smaller more interesting units that relate to the street and are interesting for pedestrians;

· Create small scale one and two storey shops and other buildings with varying styles; and

· Require new developments and renovations to be designed to be pedestrian oriented where sheltered outdoor spaces are created where footpath and open space awnings are developed for pedestrian comfort.

The development as proposed is consistent with the above objectives.

Setbacks

Provisions of the Scheme do not identify specific setback requirements for development within the Town Centre Zone, but instead identify that:

a) Site coverage of up to 100% where the local government is satisfied that adequate arrangements have been made in regard to access, car parking, traffic circulation of traffic, servicing and loading and unloading; and

b) A zero setback from the front boundary may be permitted where landscaped and paved pedestrian areas are to be provided adjacent to the front boundary and the local government is satisfied on the above matters.

In this case the applicants are effectively proposing a 3 metre setback to the main reception/café (annotated as Club House). A significant portion of the balance of the development is to be established with a nil setback to the proposed roof structures and/or internal footpaths.

Car Parking

In accordance with clause 5.17 of the Scheme, parking for a Hotel is required to be provided as follows:

Use	Minimum Number of Parking Spaces to be Provided
Hotel	1 per 5m²of public area and 1 per bedroom
Fast Food Outlet	1 per 4 seats.

A total of 87 parking bays are shown on the submitted plans, including 8 accessible compliance bays.

Accommodation Parking Requirements

With a total of 78 accommodation units, a minimum of 78 parking bays are required under the Scheme to service the accommodation.

Parking Bay Sizes

In order to cater for larger size passenger vehicles and ease of use, the applicants are proposing each parking bay will be a minimum of 3 metres in width by 5.5 metres in length. These sizes exceed the standard parking bay sizes as specified by the Scheme, being a minimum of 2.6 metres wide by 5.5 metres deep.

Loading/Unloading of Commercial Vehicles

In addition to parking requirements, clause 5.18.4 of the Scheme requires that in non-residential areas provision shall be made for the purposes of loading and unloading goods or materials. The clause further stipulates that the majority of service vehicles will be able to enter and leave in forward gear.

The plans as submitted do not provide for a loading/unloading bay. This could however be achieved through minor modification of the proposed parking design. To this end, it is recommended that the two parking bays immediately to the west of the stairs to the club house be deleted in favour of a loading bay immediately adjacent to a service roller door located on the northern side of the Club House Building.

This will result in the loss of two parking bays, reducing the number of additional bays to 7.

Landscaping within Parking Area

In accordance with clause 5.17.7 of the Scheme, “where the maximum dimension of an open car parking area exceeds 20 metres in length or width, one space in every 20 shall be used for garden and planting of native trees to provide visual relief and so long as the garden and planting areas are maintained in good order, those parking spaces shall be included as landscaping and not as car parking.”

Given the extent of the most southern parking area, it is recommended that two of the proposed parking bays be developed with landscaping, providing both visual and shade relief as intended by clause 5.17.7. As a result, the additional number of parking bays will be reduced to 5.

Parking for Staff/Visitors

Having regard to the need to modify the proposed parking areas to allow for the loading/unloading of commercial vehicles and additional landscaping, 5 parking bays will be available for staff or other parking requirements such as visitors.

It is also noted that two additional public parking areas, being associated with the Manjimup Heritage Park are also located on Rose Street adjacent to the development. It has been common practice for the Shire of Manjimup to take into account parking immediately abutting a property when considering applications for commercial development/land use.

Club House Building

As the associated facilities within the Club House building are intended to be exclusively for guests, the proposed facilities are considered incidental. Given this, only the three external food tenancies will result in additional parking requirements.

It is recommended that a condition be imposed to require that unless otherwise approved by Council, the facilities shall be provided for guest use only.

External Food Tenancies (Fast Food)

As detailed above, the developer is intending that members of the public will be able to enter the property to purchase take-away food from the three external tenancies. In accordance with the provisions of the Scheme take-away food outlets fall within the definition of a “Fast Food Outlet”.

As outlined within section 5.18 of the Scheme, parking for fast food outlets is required to be provided at a rate of 1 parking bay for four seats.

Potential for Additional Parking Bays

The road verge in Giblett Street is substantial in width. The previous application, approved by Council in October 2020, included a proposal to establish 10 right angle parking bays on road verge to the north of the proposed entrance driveway. Whilst not indicated on the current proposed plans, there is still significant potential for this to occur.

Should the additional 10 parking bays be provided as previously proposed and approved, this would ensure that the take away food outlets can cater for up to 40 persons using the adjacent alfresco dining area.

Proposed Cafe

As reflected on the plans shown at Attachment: 9.5.9(1), the applicants are proposing that the bar/café/alfresco dining area will contain a maximum of 120 seats. It the Club House facilities were not associated with the Hotel, then 30 parking bays would be required to service the 120 seats to be provided.

However, if this were to occur must be acknowledged that the primary purpose of the restaurant is to service guests. With a significant portion of the patrons expected to be guests, there would be justification to consider a relaxation of the required parking bay numbers.

Relaxation of Standards

In accordance with clause 5.5.1 of the Scheme, where a development does not comply with a standard or requirement prescribed by the Scheme, the local government may approve the application, despite this non-compliance. As stated in clause 5.5.3 of the Scheme, “the power conferred by this clause may only be granted is the local government is satisfied that:

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

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

As the Club House facilities are not proposed to be open to the public, no relaxation of standards are sought at this point. This would change if the facility was to be used for functions etc. where general members of the public can attend.

Landscaping

Provisions of the Scheme specify that a minimum of 5% of the site is required to be set aside for landscaping. In accordance with clause 5.13 of the Scheme, landscaping may consist of garden plantings and areas for pedestrian use.

Notwithstanding the above, clause 5.13.3 of the Scheme states that the requirements for landscaping will be determined by Council on the merits of each case. In order to provide further guidance on this to applicants and shire officers alike, Council has adopted Local Planning Policy 6.1.8 – Landscaping.

As outlined within the Policy, a minimum three metre landscaping strip is required for all commercial developments, except where development is approved with a nil setback. In this case, it is noted that:

a) The proposed setbacks are equivalent to a nil setback;

b) The applicants are proposing extensive paved areas within the site for pedestrian movement within the site along with planter boxes separating the accommodation pods and a substantial area of landscaping abutting the proposed Club House building;

c) The area of proposed landscaping exceeds the Scheme requirements; and

d) There is potential for additional landscaping to be incorporated into the adjacent road verges, which are extensive abutting Giblett Street. In accordance with the approved lease, the Shire is required to utilise the first two years of lease fees towards street/verge improvements abutting the site.

The policy states that applicants are encouraged to use waterwise plants and water sensitive urban design with a minimum of 75mm of mulch (25mm for native plant species). Unless otherwise justified, landscaped areas are required to be reticulated and the use of programmable irrigation controls and water efficient irrigation controllers is encouraged.

Amenity

Plans submitted in support of the application detail that the development will be constructed to a high standard using a range of materials and extensive landscaped areas internally.

The most predominant building being the “Club House” is proposed to be a two-storey building of steel frame construction externally clad with a range of materials including glass, custom orb, render and feature stone work. It is considered that this will result in a building having a high level of amenity when viewed wither internally or from the street.

In terms of the accommodation units, these units are to be constructed as prefabricated units incorporating timber cladding and custom orb. The accommodation units will be located in “pods” with each pod consisting of a number of units. Each pod will have a freestanding roof over.

In examining the submitted plans, Shire Officers expressed a view that the roof structure needed to be enclosed so as to reduce potential maintenance issues and avoid the development looking as if it consisted of temporary buildings. Further discussion with the applicants indicates that the submitted elevations do not accurately reflect the applicants intent to enclose the roof space.

Signage

As reflected on the submitted site plan, the applicants are proposing a large sign board abutting the roundabout at the intersection of Giblett and Rose Street. Initially this sign will be used as “Construction Signage” advising of the construction, contractor details and displaying an artist impression of the development.

Whilst in the long term, the signage will be incorporated into the hotel signage, no details of this signage has been provided at this stage. It is recommended that an appropriate condition be imposed to require the preparation or a signage strategy to the satisfaction of the Shire.

Other design Considerations

The Shire’s Development Control Unit has examined the plans and identified a number of matters that will be required to be addressed in order to ensure compliance with the Building Code of Australia and various Environmental Health Requirements. Whilst strictly speaking these matters are not valid planning considerations, modification of the proposed plans is required to ensure compliance. For example there is a need for a passenger lift to provide access to the second storey of the “Club House” and there is a need to provide an accessible compliant toilet on the second floor.

A range of advice notes are proposed to be included to ensure these matters are brought to the attention of the applicant prior to proceeding with an application for a building permit and/or use of the premises.

Conclusion

The proposed development and the associated facilities comply with setbacks, landscaping and parking requirements as set out within the Shire’s Local Planning Scheme No 4, provided that these facilities are for guest use only.

As that the developer is proposing that the three food tenancies, external to the Club House building, will be open to members of the public for take away food, it is recommended that the construction of 10 parking bays be undertaken within the Giblett Street road verge. This will intern allow for alfresco dining to be provided for up to 40 people who are not guests of the Hotel.

Given that the proposed development is consistent with the objectives for the Planning Precinct outlined by the Scheme and the intent of the lease, it is recommended that conditional approval be granted.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Local Planning Scheme No 4 and relevant Planning Policies as adopted by Council.

Policy / Strategic Implications:

Approval to the application as submitted is consistent with Strategy B2 of the Shire of Manjimup’s Community Strategic Plan 2019-2029, being to:

B2 Attract business-class accommodation services to Manjimup.

The proposal meets the objectives established in the Manjimup Supertown Townsite Growth Plan and Revitalisation of Manjimup’s Town Centre Project which are reflected specifically in the Shire of Manjimup Strategic Community Plan 2021-2031 and the Shire of Manjimup Corporate Business Plan 2021 -2025.

Organisational risk management:

The proposal carries little risk for the Shire on the basis of the previously negotiated property disposal conditions that protect the Shire’s land interest.

Financial Implications:

The required application fee has been paid in accordance with the Schedule of Fees and Charges adopted as part of the 2020/2021 annual budget.

Sustainability:

Environmental: No environmental impacts are anticipated.

Economic: Approval to the application as submitted will result in the creation of short term employment associated with development of the site and long term employment through its ongoing operation. The establishment of business-class accommodation as proposed will add to existing accommodation options within the town, potentially attracting additional visitors to the Shire and region.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council In accordance with Part 10 and clause 5.5 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval to the proposed Hotel Accommodation and Restaurant at No 80 (Lot 156) Rose Street, Manjimup in accordance with the submitted plans and specifications as attached at Attachment: 9.5.9(1), subject to compliance with 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.

b) Notwithstanding condition a) above, the plans hereby approved shall be modified as follows:

i) The two parking bays immediately west of the stairs from the southern carpark to the Club House Building shall be modified and extended so as to provide a suitable area for the loading/unloading of commercial vehicles associated with the operation of the development hereby approved;

ii) The accessibility ramp shown on the northern side of the southern carpark being relocated further east so as to facilitate access between the accessible compliant accommodation units and the Club House building;

iii) Two of the parking bays located toward the centre of the isles of parking located within the proposed southern parking area are to be deleted in favour of landscaping to the satisfaction of the Chief Executive Officer; and

iv) Provision of an additional 10 parking bays located within the Giblett Street road reserve between the proposed Club House building and Rose Street to the satisfaction of the Chief Executive Officer.

b) Unless otherwise approved by Council, access to all facilities on-site other than the three (3) external food tenancies shall be restricted to guests only. Alfresco dining for members of the public attending these tenancies shall be limited to a maximum of 40 seats the use of the proposed “Club House” as shown on the submitted plans shall be restricted to the guests of the development only.

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

d) The approved landscaping including reticulation must be fully implemented within the first available planting season after the initial occupation of the development, and maintained thereafter, to the satisfaction of the Shire of Manjimup. Any species which fail to establish within the first two planting seasons following implementation must be replaced in consultation with and to the satisfaction of the Shire of Manjimup.

e) Prior to the occupation or use of the development hereby approved, the area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall:

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

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

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

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

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

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

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

iii) Parking arrangements for contractors;

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

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

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

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

h) Seating within the Café/Club House Building and associated alfresco area shall be limited to 120 seats unless otherwise approved by Council.

j) An external Lighting Plan showing lighting to pathways and car parking areas are to be submitted and approved prior to the application for building permit. All lighting is to be installed and operated as per the approved plan to the satisfaction of the Shire of Manjimup.

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

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

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

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

iv) frequency of bin collections.

l) 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.

m) Prior to occupation or commencement of the use, a signage strategy for the site / development shall be prepared and submitted to the Shire as a separate application for planning approval.

n) The development hereby approved shall be connected to the Water Corporation reticulated sewerage system.

o) Prior to the installation of external fencing (other than construction fencing), details plans of the proposed fence construction and any associated artwork shall be submitted to an approved by the Shire of Manjimup.

Advice to Applicant:

i) It is recommended that the applicant give consideration to the construction of at least one of the Executive Standard accommodation units as an accessible compliance accommodation unit;

ii) It is recommended that the applicant liaise with a certified Building Practitioner over the level of proposed accessible compliant accommodation units and the developments general compliance with requirements of the Building Code of Australia and other relevant legislation/standards. In this regard it is noted that in order to comply with the requirements of the Building Code of Australia a suitable passenger lift is required to facilitate access to the upper floor of the Club House Building and that as a minimum an accessible compliant toilet is required on that upper floor;

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

iv) Any retaining walls in excess of 500mm in height required in connection with development shall be so constructed as to accord with plans and specifications prepared by a practising structural engineer to the satisfaction of the Shire of Manjimup and details and particulars of the certified plans and specifications shall be provided to Shire of Manjimup as part of any application for a building permit.

v) All waste material not required for further onsite processing must be regularly removed from the site. All vehicles removing waste must have loads fully secured and contained so that no wastes are spilled or dust or odour is created to the satisfaction of the Shire of Manjimup.

vii) The development and associated uses are required to comply all relevant provisions of the Health (Miscellaneous Provisions) Act 1911 (as Amended), Health (Public Buildings) Regulations 1992, the Food Act 2008 and Food Regulations 2009. Prior to commencement of the uses hereby approved, various applications are required under this legislation and it is recommended that you liaise with the Shire of Manjimup’s Environmental Health Team over the preparation, lodgement and approvals processes;

ix) Compliance with the Health (Aquatic Facilities) Regulations 2007 is required. Construction of the aquatic facility is not permitted to commence until the written approval of the Executive Director, Public Health has been obtained; and

xi) The development the subject of this planning approval, is required to comply with the requirements of Energy Safety and the Department of Mines and Petroleum (Resources Safety Section) in relation to the storage of dangerous goods. Further information may be found at www.energysafety.wa.gov.au or www.dmp.wa.gov.au

ATTACHMENTS
1 ⇨	Attachment No 1 - Copies of proposed Plans including artistic impressions	10 Pages

105

ATTACHMENT

9.5.10 Proposed Holiday House at Lot 135 (56) Latham Avenue, Walpole

PROPONENT	Mr W I Clark
OWNER	Mr W I Clark
LOCATION / ADDRESS:	Lot 135 (56) Latham Avenue, Walpole
WARD:	South
ZONE:	Residential R20
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/123 P52831
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	3 November 2021
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for a Holiday House at Lot 135 (56) Latham Avenue, Walpole. The subject property has an area of 991m² and consists of a double storey dwelling and two sheds that front Hatfield Lane at the rear. A location plan is shown below.

Location Plan

The key elements of the proposal are:

· The application is proposing the number of guests to be a maximum of ten (10) persons;

· Key collection will be in a coded key box;

· The management and cleaning of the property will be undertaken by the owner, who lives on site;

· The Emergency Evacuation Response Plan will be implemented as submitted;

· Parking is available for 4 cars;

· No signage is proposed for the Holiday House;

· Bookings for the Holiday House will be made through the AirBnB website; and

· AirBnB supplies insurance to its members.

Details of the development are attached.

ATTACHMENT: 9.5.10(1)

Council is requested to determine to application due to comments received during the consultation period that warrant consideration.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) for a 21 day period to all adjoining landowners. the Ward Councillor, a sign was placed on site and a notice in the newspaper.

Three public submissions were received and one person contacted the Shire verbally in support. Although there were no written objections received, two of the submissions included comments with regards to social and economic impacts from holiday homes in a residential area. The concerns are discussed further in the comment section below and the full submissions are attached.

ATTACHMENT: 9.5.10(2)

COMMENT (Includes Options):

Scheme Requirements

The provisions of the Scheme include the subject land within the Residential Zone, with an applicable density of R20. The objectives of the Residential Zone as outlined in Clause 4.3.2 of the Scheme are designed to manage and guide land use development and to provide for a range of housing choice with high level amenity in residential areas and which reflects a non-metropolitan lifestyle.

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

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

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

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

(xxvi) any relevant submissions received on the application.

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

Land Use Classification

The proposed use is consistent with the Scheme definition of a Holiday House, being a dwelling together with its associated outbuildings that are:

· Designed primarily as a dwelling house for permanent residential purposes whether or not occupied periodically as such; and

· Used, whether or not for commercial gain or reward, from time to time for unsupervised, short-stay tourist accommodation purposes excluding people that are members of the owner’s family but including all people where the owner is a company.

As described in the proponent’s management plan, the application is for short- term accommodation to be operated by the landowner on a commercial basis. The application proposes that a maximum of 10 persons (10), who will be known to each other, will use the Holiday House at any one time.

Land Use Permissibility

A Holiday House is an ‘A’ use in the Residential zone. That is a use that is not permitted unless the local government has exercised its discretion by granting planning approval after given special notice in accordance with Clause 9.6 of the Scheme. With advertising of the proposal completed in accordance with clause 9.6, the application may be determined.

Consistency with Zoning

The Holiday House is considered to meet the objectives of the zone as it will provide the owner with a source of income and provided that the behaviour of occupants is appropriately managed, the Holiday House is not expected to have any impact on the amenity of the surrounding area. The change of land use will not prejudice the ability of the development to operate as a dwelling in the future.

Impact on Local Amenity

One submission received recommended that the number of guests proposed be restricted to six (6) to mitigate the number of cars, rubbish and potential parties that might occur if the application was approved. the provisions of Local Planning Policy 6.1.5 Holiday Accommodation set a maximum of six persons, however also states that the maximum number of guests per room shall be two.

Given the dwelling has four bedrooms which are proposed to be available to guests, it is recommended that should Council resolve to approve the application, the maximum number of guests be limited to eight persons.

The same submitter recommended that the local manager’s details be available on a sign visible to the public for complaints. Shire officers acknowledge that other local governments require this information to be available to the public, and consider that it is a requirement that has merit.

A second submission raised concerns about the impact on residential communities, the State Government enquiry into Holiday Homes and the potential detriment to the Walpole community and economy.

There are currently 15 Holiday Homes registered within the Walpole town site and greater Walpole area. Given there is approximately 250 dwellings in the town site, this equates to approximately 6% of homes available for tourist accommodation. Although this is not considered an issue by Shire officers, it does have a potential to cause a cumulative effect on the sustainability of the town in off peak seasons.

In 2009, the Department of Planning Lands and Heritage produced Planning Bulletin 99 which stated that to reduce conflicts between Holiday Homes and ‘ordinary dwellings’, local governments should consider locating holiday homes in areas of high tourism amenity and close proximity to key tourism attractions. It also stated that suburban areas may not be suitable.

National Construction Code

In accordance with the National Construction Code, the proposed Holiday House will require a change of classification prior to the commencement of the use. It is proposed that an advice note be included on any approval granted.

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. Shire officers propose that an advice note be included on any approval granted by Council to reflect this requirement.

Guest Register

In accordance with the provisions of Local Planning Policy No 6.1.5 – Holiday Houses, it is recommended that the applicant be required to maintain a guest register of all guests and this is to be made available to the Shire of Manjimup on request.

Conclusion

The application as submitted complies with the requirements of the Scheme and Local Planning Policy 6.1.5 – Holiday Accommodation with the exemption of the maximum number of guests. Conditional approval is therefore recommended subject to the reduction in maximum numbers to eight.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

As outlined in the comment section above, the application has been assessed in accordance with the provisions of Local Planning Policy 6.1.5 –Holiday Accommodation.

Organisational risk management:

Approval of this application by Council, provided that the Holiday House operates in accordance with the Scheme and Policy and enforced through conditional approval granted by Council, will not generate an organisational risk.

Financial Implications:

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

Sustainability:

Environmental: Nil.

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

Social: It is the intention of Shire officers to review the appropriateness of Holiday Homes within the Residential Zone in all town sites.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants planning approval for a Change of Use from a Dwelling to Holiday House at Lot 135 (56) Latham Avenue, Walpole (TP114/2021) in accordance with the submitted plans as attached at 9.5.10(1), and subject to the following conditions and advice notes:

a) The use as permitted shall operate in accordance with the submitted plans and supporting documentation as listed below:

Reference	Document Title	Date Received
1.	Site Plan	20 September 2021
2.	Floor Plans	20 September 2021
3.	Management Plan	20 September 2021
4.	Emergency Plan	20 September 2021

b) The applicant is to ensure that their Public Liability Insurance is in place prior to commencement of the use and shall supply a copy of the same to the Shire of Manjimup, within 2 months of the date of this approval;

c) The development approval is granted for a period expiring on 30 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 House to be continued for a further period of 12 months has been submitted and approved by the Shire of Manjimup;

d) Notwithstanding Condition 1, the Holiday Accommodation hereby approved is limited to a maximum of eight (8) persons who are known to each other in the premises at any one time to the satisfaction of the Shire of Manjimup, the management plan shall be amended to reflect approved numbers prior to commencement of use;

e) The Holiday Accommodation 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;

f) The submitted management details form part of the application and shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup. Contact details of the local manager shall be on display to the public prior to the commencement of use;

g) The Emergency Evacuation Response Plan, including provision of the Manager’s contact details, is to be displayed in the Holiday Accommodation at all times; and

h) Unless otherwise approved by the Shire of Manjimup, signage associated with the activity hereby approved shall be restricted to a single advertisement not exceeding 0.2m², which is to be located on the property.

Advice to Applicant

i. The development must comply with the Health (Miscellaneous Provisions) Act 1911 and the Shire of Manjimup’s Health Local Laws 2020.

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

Two (2) sets of scaled plans (minimum 1:100) and specifications shall be submitted to Environmental Health Services and shall include the following information:

· the use of each room/area;

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

· the location of sinks and hand washing basins in the kitchen;

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

· details of sanitary facilities;

· details of laundry facilities, numbers of dryers and washing machines; and

· the number of people intended to be accommodated in each bedroom.

A final inspection of the premises will be required to be carried out by the Shire’s Principal Environmental Health Officer prior to commencing operation.

ATTACHMENTS
1 ⇨	Attachment 1 - Development Plans and Information	7 Pages
2 ⇨	Attachment 2 - Submissions on Proposal	6 Pages

108

ATTACHMENT

9.5.11 Delegated Decisions for October 2021

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Various
WARD:	Various
ZONE:	Various
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170085
LEGISLATION:	Planning and Development Act 2005 Local Government Act 1995
AUTHOR:	Kaylee Blee
DATE OF REPORT:	5 November 2021
DECLARATION OF INTEREST:	Nil

Background:

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

Delegated planning decisions are reported to Council on a monthly basis to ensure that Council has an appropriate level of oversight on the use of this delegation. A Register of Delegated Development Approvals, detailing those decisions made under delegated authority in September 2021 is attached.

ATTACHMENT: 9.5.11(1)

PUBLIC Consultation Undertaken:

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

COMMENT (Includes Options):

During October 2021, eight (8) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for October 2021 compared to October 2020:

Table 1: Planning Decisions Made October 2020 and 2021

	October 2020	October 2021
Delegated Decisions	13 ($906,826)	8 ($905,039)
Council Decisions	4 ($7,120,000)	4 ($102,100)
Total	17 ($8,026,826)	12 ($1,007,139)

Table 2 compares the Year-To-Date statistics for delegated authority and Council decisions for 2020-21 compared to the previous Financial Year:

Table 2: Planning Decisions Made Year-To-Date 2020-21 and 2021-22

	YTD 2020-21	YTD 2021-22
Delegated Decisions	41 ($3,255,352)	26 ($2,729,966)
Council Decisions	13 ($4,211,000)	15 ($393,790)
Total	54 ($7,466,352)	41 ($3,123,756)

STATUTORY ENVIRONMENT:

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

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

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

Policy / Strategic Implications:

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

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receives the report on Delegated Development Approvals for October 2021 as per Attachment: 9.5.11 (1).

ATTACHMENTS
1 ⇨	Delegated Decisions October 2021	1 Page

113

ATTACHMENT

9.5.12 Proposed Two-Storey Extension and Nightclub - No 5 (Lot 45) Brockman Street, Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	No 5 (Lot 45) Brockman Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	P56389
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	8 November 2021
DECLARATION OF INTEREST:	Nil

Background:

The subject land is a Shire owned (freehold) 464m² parcel of land located on the southern side of Brockman Street, immediate west of Guadagino Lane as shown on the location plan below.

Location Plan

Currently the site is developed with a two-storey building which consists of three tenancies on the ground floor and a single, currently vacant tenancy on the first floor. A public carpark catering for up to 15 vehicles is located at the rear of the building on 38 Rose Street.

In December 2020 Council resolved (Resolution 28327) to lease the first floor, otherwise known as 5D Brockman Street to Easy Peel Pty Ltd, trading as Gatsby’s Skyline. The purpose of the lease being to allow the establishment of an entertainment venue. In order to facilitate the use of the building for the proposed purpose, modification of the existing building is required in order to establish a passenger lift service and accessible compliant toilet on the second floor.

As part of these works, the tenant requested that consideration be given to extending the second floor to accommodate additional storage/food preparation and a balcony at the rear of the building. Copies of the exiting and proposed plans are shown attached.

ATTACHMENT: 9.5.12(1)

Council is requested to determine the application given the need to consider a relaxation of parking requirements associated with the proposed development/use.

A separate item is included within this agenda relating to the results of a tender process associated with the proposed works.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Town Centre Zone. To assist Council in determining the application, the following comments and advice are offered:

Proposed Land Use & Development

The tenants are proposing to utilise the tenancy as a function and entertainment venue, with specific provision for live entertainment.

As the current tenancy has been vacant for an extended period, modification of the building is required in order to ensure compliance with the Building Code of Australia. Essential works are required to ensure the provision of a passenger lift and an accessible compliant toilet on the first floor. These modifications would be required to facilitate any commercial use of tenancy 5D.

In addition to a second storey extension, a 15 metre by 6 metre roofed deck is proposed at the rear of the existing development, extending over the parking area located to the rear on No 38 Rose Street.

Land Use Classification

The Scheme contains the following definitions being relevant to the proposed use:

Reception Centre – means premises used for functions on formal or ceremonial occasions but not for un-hosted use for general entertainment purposes.

Nightclub – means premise –

a) Used for entertainment with or without eating facilities; and

b) Licensed under the Liquor Licensing Act.

Land Use Permissibility

Provisions of the Scheme identify that a Reception Centre is a “D” use within the Town Centre Zone. That is a use, which is not permitted unless the local government has exercised its discretion by granting planning approval.

A Night Club is an “A” use within the Town Centre Zone. That is a use which is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice (advertising) in accordance with clause 9.6 of the Scheme.

Development versus Use

Irrespective of the ultimate use of tenancy 5D, the provisions of the Building Code of Australia require that a passenger lift service is established along with an accessible compliant toilet on the first floor. For this reason, it is considered that the development and use can be considered independently. Without these facilities commercial use cannot occur.

By granting approval to the development aspect of the proposal, the application for a building permit may continue. A further agenda item will be prepared for Council consideration of the proposed use (Night Club) following the completion of the advertising period.

Proposed Development

If approved, the proposed development will increase the floor area associated with tenancy 5D in the following ways:

a) A 9.2 metre by 4.38 metre second storey extension, incorporating the passenger lift, an accessible toilet and additional storage/kitchen preparation area being 6 metres by 4.38 metres; and

b) A 15 metre by 6 metre roofed deck.

Setback Requirements

The provisions of the Scheme do not identify specific setback requirements for development within the Town Centre Zone, but instead identify that site coverage of up to 100% where the local government is satisfied that adequate arrangements have been made in regard to access, car parking, traffic circulation of traffic, servicing and loading and unloading.

In this case, the existing building is established with a nil setback to the front boundary and Guadagnino Lane.

Parking Requirements

The Scheme provisions do not identify specific parking requirements for either a Night Club or Reception Centre. In accordance with clause 5.17.2 where land is to be developed for a purpose where parking is not specified in the Scheme, “the local government shall determine in each case the number of spaces to be provided on the land having due regard to the:

(i) The nature of the proposed development;

(ii) Number or employees or others likely to be employed or engaged in the use of the land;

(iii) Anticipated demand for visitor parking; and

(iv) Orderly, proper and sustainable planning of the area.”

Further assessment of the parking requirements associated with the ultimate intended use will be included within a future agenda item for Council consideration, following the completion of advertising.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Local Planning Scheme No 5.

Policy / Strategic Implications:

Modification and extension of the existing building to accommodate an entertainment venue is consistent with the vision to consolidate that portion of Brockman Street between Giblett and Rose Streets as a Food and Beverage Precinct.

The development is also considered to be consistent with the following Community Goals as outlined within the Shire of Manjimup’s Strategic Community Plan 2021-2031:

Community Goals

2.1 New people and new businesses are attracted to the region.

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

Organisational risk management:

Nil.

Financial Implications:

As a Shire freehold owned property, the required fees associated with this application have been waived by Chief Executive Officer.

Sustainability:

Environmental: Nil.

Economic: Modification of the building to incorporate a passenger lift and accessible compliant toilet on the first floor is required in order to permit the establishment of the entertainment venue as proposed and the economic opportunities associated with this use.

Social: Establishment of an additional entertain value will increase the opportunity for additional cultural and social opportunities for residents of Manjimup, surrounding towns and visitors alike.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grant planning approval to the proposed two storey extension of the existing building at No 5 (lot 45) Brockman Street, Manjimup in accordance with the plans and specifications shown at Attachment 9.5.12(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:

Plan Ref	Title	Received
1	Proposed Ground Floor Works	November 2021
2	Proposed Side Elevation	November 2021
3	Development Concepts – First Floor	November 2021

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

2. Defer consideration of the proposed use of the premises referred to in point 1 as a Night Club pending the completion of advertising in accordance with clause 9.6 of Local Planning Scheme No 4; and

3. Await a further agenda item following the completion of the advertising period referred to in point 2 above.

ATTACHMENTS
1 ⇨	Attachment No 1 - Copies of existing and proposed plans	10 Pages

118

ATTACHMENT

9.7.1 Application to Keep More Than Two Cats at Lot 201 Swimming Pool Road Pemberton

PROPONENT	Mr David Carr
OWNER	Sotico Pty Ltd
LOCATION / ADDRESS:	Lot 201 Swimming Pool Road, Pemberton
WARD:	West Ward
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:	12 October 2021
DECLARATION OF INTEREST:	Nil

Background:

On the 17 September 2021, Shire Officers became aware of three unregistered cats residing at Lot 201 Swimming Pool Road while hand delivering a written warning for unregistered cats at a neighbouring property. It was also noted the owner had not obtained a permit to keep more than the prescribed number of cats as per the Shire of Manjimup Cat Local Law 2021.

A Shire Officer subsequently informed 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 201 Swimming Pool road 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 Short Hair	3 Years	953010004394399	Yes	Male	156/Life
2	Domestic Short Hair	1.5 Years	953010004922369	Yes	Male	157/Life
3	Domestic Short Hair	10 Months	953010005656152	Yes	Female	158/Life

A copy of the submitted application is shown attached.

ATTACHMENT: 9.7.1(1)

Council is requested to determine the application as Shire Officers do not have delegated authority to determine applications relating to the keeping of more than two cats on a property.

PUBLIC Consultation Undertaken:

Shire of Manjimup fowarded notification to the property owner and two 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 owner has stated in his application that he rescued all three cats after a stray cat had litter of kittens in the shed on his property.

As stated in the application the age of the cats being applied for are 3 years 1.5 years and 10 months old. This indicates that the owner has taken ownership of the cats from multiple litters. When the owner was questioned about the age of the three cats it was noted that he has taken ownership of all cats from multiple litters from a black stray cat that lives in the area.

All three cats are now sterilised, microchipped and 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 not consistent with the circumstances identified as permitted, approval may only be granted with an exemption in accordance with Policy 5.2.5 - Applications to Keep Additional Dogs or Cats (the policy).

Suitability of Property

Whilst the home is located within a larger property, the subject property has an area of 264m². The owner has stated that the cats have the whole house to themselves and do not leave the property. 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 confined to 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. It is recommended that conditional approval be granted.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Approval to the application subject to confinement of the cats to the property is consistent with Strategies A1 and A3 of the Shire of Manjimup Strategic Community Plan 2021-2031, 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 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 2020 Part 4 Clause 4.7 to keep 3 cats on and within Lot 201 Swimming Pool Road Pemberton subject to compliance with the following conditions:

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

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Domestic Short Hair	3	953010004394399	Yes	Male	156/Life
2	Domestic Short Hair	1.5	953010004922369	Yes	Male	157/Life
3	Domestic Short Hair	10 Months	953010005656152	Yes	Male	158/Life

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

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

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

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

Advice to Applicant:

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.

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

ATTACHMENTS
1 ⇨	Application To Keep More Than Two Cats	2 Pages

124

9.9.1 Expression of Interest for Lease of Pt Lot 628 Reserve 26199 (Old Cafe Building - Heritage Park) Manjimup

PROPONENT	Shire of Manjimup
OWNER	Crown Vested in the Shire of Manjimup
LOCATION / ADDRESS:	Part Lot 628 Reserve 26199 Manjimup
WARD:	Central
ZONE:	Town centre
DIRECTORATE:	Community Services
FILE REFERENCE:	F210118
LEGISLATION:	Local Government Act 1995 / Land Administration Act 1997.
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	3 November 2021
DECLARATION OF INTEREST:	Nil

Background:

Part Lot 628 Reserve 26199 Manjimup, (old café building – Heritage Park) was previously occupied by Top Notch Cafe. The redevelopment of the Manjimup Heritage Park (Park) has resulted in a new dedicated Café space within the Park entry building and Power Up Electricity museum complex. The old café building has been vacant since 2018.

The Shire of Manjimup (‘the Shire’) sought Expressions of Interest (EOI) for the lease (three years plus an option for a further five years) of the old cafe building located within the Park (Pt Lot 875, Reserve 26199) on Edwards Street, Manjimup.

In 2020 the Park was voted Parks and Leisure Western Australia Park of the Year and continues to build on this reputation as a must visit for visitors to the region. The high profile location of this building within the Park presents an excellent opportunity to develop a business proposal that will significantly add to this visitor experience. As such the EOI was open to proposals from both commercial operators and not-for-profit entities that would complement the existing Park amenities and Lessee operations within the Park, contribute to the visitor experience, attract new visitors and uphold the Parks reputation as a premium visitor attraction for the Southern Forest region. Proposals must be able to demonstrate benefit against these criteria

Further to the above and since the closure of the old café the adjoining Woodturners workshop and retail space, in the Park, has experienced a dramatic reduction in visitors. The EOI for the old café also aims to draw Park visitors from the main entry hub and playground focal area to the south west location of the Park where the Woodturners and old café building is located.

Any lease subsequent to this EOI process will be required to be entered into between the successful party and the Shire, in accordance with the provisions of the Local Government Act 1995.

The selection criteria established in the EOI were:

Qualitative Criteria		Weighting
1	Proposed use of the property to deliver a service that will: · Complement existing activities within the Manjimup Heritage Park; · Contribute to the overall visitor / community experience within the Manjimup Heritage Park; · Attract new visitors to the Manjimup Heritage Park; · As a minimum be open 5 days per week inclusive of all weekends and public holidays (Christmas Day, Boxing Day, ANZAC Day, and Good Friday – optional). The aim being to reflect peak Park visitation periods; and · Uphold the Manjimup Heritage Parks reputation as a premier visitor experience.	70%
2	Proposed opening hours and days.	15%
3	Demonstrated experience and financial capacity of the respondent including capacity to fulfil lease maintenance and operational requirements in accordance with draft lease and Council Policy.	15%

The purpose of this report is to consider submissions made to this EOI process and to make determination on the option to lease or otherwise of the old café building.

PUBLIC Consultation Undertaken:

The EOI was advertised in the Manjimup Bridgetown Times on 25 August 2021 closing Friday 24 September 2021. A total of two submissions were received.

Two submissions were received at the close of the EOI period. The submissions received, in no particular order, were from the Warren Arts Council Inc. and the Top Notch Arts Hub (auspiced by the Manjimup Cherry Harmony Festival Inc.)

No request to inspect the premises, post EOI advertising, was received.

COMMENT (Includes Options):

Whilst no inspections were undertaken during the EOI period both applicants met and spoke with the Shire representative, on a number of occasions, to inspect the premises and discuss possible options for the old cafe space earlier in the year. During these meetings the need to prepare a sound business case and present a sustainable operational model that would add to the Park visitor experience was emphasised. Examples of successful models were provided and interested parties were encouraged to visit these premises to help inform any future proposal.

The two submissions were assessed independently by two Officers and the scores weighted against the EOI qualitative criteria. As indicated by the table below scoring for each submission was average. Warren Arts Council 52.70% and Top Notch Arts Hub 54.30%.

The lower than anticipated scoring for both proponents was largely due to the lack of documentation to support a thorough assessment of the viability of the proposal to meet the key qualitative criteria. Supporting documentation such as a business case, operational model and financial modelling would have benefited both submissions. A general overview of proposals are presented below:

Warren Arts Council

Proposal is to develop the old café space as a Community Arts Hub. The space would be redesigned to offer flexible spaces for exhibitions, group meetings and workshops, as well as artist in residence space, artists workshops and areas for film nights and small scale musical performances. In addition there would be a well-equipped Warren Arts Council office. The hub would cater for both community and visitors.

Opening days and hours Friday to Monday 10am – 4pm and public holidays. With a 5^th day being achieved as a day for specific activities. Arguably the days and times proposed for opening could be deemed sufficient however there is limited demonstrated capacity in the ability to supervise the space over those 4 days.

The proposal is heavily reliant on ongoing grants and volunteers to be sustainable.

Top Notch Arts Hub

Proposal is to provide a space for all Artisans to be able to work from, showcase from, and run workshops from and a place where all artists will work in collaboration for the betterment of the artist’s space. In addition there is a proposal to have a rotating collection/exhibition space and some sales of goods.

The submission did not confirm opening hours and days. It did indicate that it anticipated opening days would be Wednesday – Sunday and public holidays.

The proposal is heavily reliant on ongoing grants and volunteers to be sustainable.

Whilst both proposals have merit and could benefit the general community, neither submission illustrate a genuine understanding of the connection between a proposed business model and enhancement of the visitor experience within the Park as a premier tourist/visitor attractor for the region. The lack of supporting documentation or demonstrated evidence as to how a 5 day a week operation would be sustained indicates that both proposals could benefit from more investigation and planning.

Of some concern is that both proposals rely on volunteers and the securing of grants for operational sustainability. Neither proposals offer an indicative operational budget or financial projections. As such it is difficult to assess financial capacity or sustainability.

In considering the two proposals, which are not dissimilar in intent, the old café building is well placed to offer a viable space and opportunity to develop a sustainable business model that can enhance both the visitor experiences and cater to the needs of local artisans. There are numerous business models and ‘Artisan Collectives’ throughout the south west and further afield attest to this. These models deliver a variety of quality locally crafted and produced works, have a strong retail nature and may offer a workshop and networking space. By its very nature such Collectives showcase the regions arts and culture.

Further to the above and as there is no immediate urgency for the old café building to be leased there is an opportunity for the EOI not to be awarded and for Officers to continue to work with both proponents and the collective artisan community to further develop a sustainable business model that would meet the criteria of enhancing the visitor experience and meet the needs of the artisan community.

In conclusion whilst both proposals have some merit both fall short in instilling a level of confidence that the proposal will be able to deliver on the requirement to add to the premium experience of Park visitors as per the qualitative criteria. It is therefore recommended that Council determine not to award the Expression of Interest for Lease of Pt Lot 628 Reserve 26199 (Old Cafe Building - Heritage Park) Manjimup.

STATUTORY ENVIRONMENT:

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

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

Policy / Strategic Implications:

Draft Heritage Park Management and Development Plan 2022.

Whilst not finalised the identified strategies and actions have been endorsed by stakeholders and the Heritage Park Advisory Committee and the documents is used as a current guide for Park management. (Adoption is anticipated early 2022):

Strategy 1.1 Activate the Park through more events, community activities and private functions.

· Action – increased use of unused/underused assets such as the Roundhouse and the old café building.

Strategy 2.3 Attract more visitor experiences, open 7 days per week.

· Action – Specify use requirements for any new leases on unused buildings (e.g. old café building).

Organisational risk management:

Should the old café building be leased to an entity that cannot sustain a business model that would contribute to the visitor experience then the value of the old café building as a contributor to the overall Park experience and visitor economy may not be realised.

The successful lease of the old café building will also have a significant impact on the visitor numbers to the Woodturners Shed which have significantly diminished since the café closed.

Financial Implications:

Of some concern both proposals rely on the securing of grants for operational sustainability, at least in the short to medium term. Neither proposals offer an indicative operational budget or budget projections. As such it is difficult to assess financial capacity or sustainability.

Electricity, water and other facility costs could become the responsibility of the shire of Manjimup.

Sustainability:

Environmental: Nil.

Economic: The old café building in the Manjimup Heritage Park is a prime location to develop a sustainable business model that will benefit from the growing visitor economy.

Social: The old café building in the Manjimup Heritage Park offers an excellent opportunity for a business model that will benefit both the local Artisan community and visitors/tourists.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Determines not to lease Pt Lot 628 Reserve 26199, old cafe building, Manjimup Heritage Park at this time;

2. Advise Top Notch Arts under the auspices of the Manjimup Cherry Harmony Festival Inc. that its Expression of Interest is not successful;

3. Advise Warren Arts Council Inc. that its Expression of Interest is not successful; and

4. Request the Chief Executive Officer to further consult with proponents and the broader artisan community to investigate a sustainable business model for the old café building that would deliver on the identified criteria.

127

ATTACHMENT

APPENDIX

9.9.2 Proposed Revision of the Manjimup Heritage Park Management and Development Plan

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup Heritage Park, 151 Giblett Street Manjimup
WARD:	Parks & Recreation
ZONE:	Central
DIRECTORATE:	Community Services
FILE REFERENCE:	D210159
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jessica Winters
DATE OF REPORT:	8 November 2021
DECLARATION OF INTEREST:	Nil

Background:

As per the Corporate Business Plan 2021-2025, the revision of the Manjimup Heritage Park Management and Development Plan has been undertaken. Prior to being adopted, a draft Plan must be released for comment.

The current (and first original) Manjimup Timber & Heritage Park Management and Development Plan was adopted and published in February 2006. A copy of this plan is appended.

APPENDIX: 9.9.2(A)

Since the adoption of the first Management and Development Plan the Shire of Manjimup have undertaken a significant transformation of the now named, Manjimup Heritage Park (‘the Park’) as part of the Manjimup Town Centre Revitalisation.

The revised Management and Development Plan provides a comprehensive background to the Park and its development over time, the documents and strategies guiding the Park’s evolution, the Shire and community’s performance against the original 2006 Plan, the current situation and how that influences the Park, and a new direction forward.

Council is requested to endorse, for the purposes of advertising, the revised Manjimup Heritage Park Management and Development Plan 2022-2027. A copy of the draft Plan is attached for Council consideration.

ATTACHMENT: 9.9.2(1)

The proposed public comment period is 22 November 2021 to 10 December 2021.

PUBLIC Consultation Undertaken:

Substantial consultation was undertaken during the drafting of the revised Management and Development Plan as summarised below and detailed in the document:

· Two public forums which were attended by 33 persons;

· Two private forums which were attended by 11 invited persons;

· A public visitor survey which received 94 responses;

· Two meetings with the Manjimup Heritage Park Advisory Committee; and

· One Council presentation on 6 May 2021.

COMMENT (Includes Options):

The new Management and Development Plan provides comprehensive contextual and background information that shapes the future development of the Park, as well as strategies and actions against the four objectives of the Park. These objectives focus on community, tourism, asset management and heritage. Together they provide a holistic direction forward to ensure that the Shire and the community can maintain this high quality public asset, and ensure its ongoing benefit to the social, economic and environmental fabric of our community.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

The Management and Development Plan revision is as per the list of other informing strategic plans in the Shire of Manjimup’s Corporate Business Plan 2021-2025.

Organisational risk management:

Failing to substantially update the Manjimup Heritage Park Management and Development Plan would expose the Shire of Manjimup to financial and social organisational risks by not have guiding objectives and actions for the future of the Park.

The revised Plan allows the Shire of Manjimup to set goals and expectations on what the community can reasonable expect of the Shire with regards to future development and management.

Financial Implications:

All costs associated with advertising of the Management and Development Plan will be wholly contained within the 2021-2022 annual budget.

Sustainability:

Environmental: The Management and Development Plan outlines a number of goals and actions associated with maintaining the environmental sustainability of the Park including management of weeds, introduction and development of flora diversity, and management of waste water catchment(s).

Economic: The Management and Development Plan outlines a number of essential strategies for increasing the economic sustainability of the Park including increase visitor numbers and revenue opportunities and cost recovery on existing and increasing costs to managing the Park.

Social: The Management and Development Plan outlines a number of objectives and actions to increase social sustainability for the Park inclusive of maintaining a positive visitor experience, growing and supporting a volunteer base to maintain components of the Park, and preserving local history.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Request the Chief Executive Officer to advertise the intention to adopt the Manjimup Heritage Park Management and Development Plan; and

2. Await a final report following the closure of the public comment period.

ATTACHMENTS
1 ⇨	Manjimup Heritage Park Management and Development Plan 2022-2027	85 Pages

APPENDICES
a ⇨	Manjimup Timber and Heritage Park Management and Development Plan 2006	131 Pages

130

9.10.1 Manjimup Home and Community Care Proposed Purchase of a Replacement Bus

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	All
ZONE:	All
DIRECTORATE:	Community Services
FILE REFERENCE:	F170481
LEGISLATION:	Local Government Act 1995
AUTHOR:	Liz Lockyear
DATE OF REPORT:	8 November 2021
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup Home and Community Care is a registered age and disability provider and supports people to remain living at home for as long as it is safe to do so. Funding is provided through the Commonwealth Home Support Program (CHSP), Home Care Packages (HCP) and National Disability Insurance Scheme (NDIS). A variety of supports are provided including transporting consumers in a bus that is fitted with a hoist.

Bus transport is a critical component of activity services for both aged and disability clients. Manjimup Home and Community Care currently has two buses being a 24 and a 12 seater. The 12 seater purchased in 2011 has done 131,756 km, is fully depreciated and is now due for replacement.

The purpose of this report is to request Council approval to amend the Shire of Manjimup 2021/22 budget and to utilise HACC Asset Replacement Reserve Funds to purchase a new bus to replace the current 12 seater bus that has passed its useful life.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Shire of Manjimup Home and Community Care requires a bus that can be used to transport groups of people to and from the Manjimup Wellness and Respite Community Centre for social events and information sessions as well as transports locally and out of town for medical appointments and shopping. To be able to include people with mobility issues it is important that the bus is fitted with a hoist.

The current 12 seat bus is 9 years old and needs to be replaced to ensure a safe and modern vehicle is available for our frail aged and people with a disability. The cost of a replacement bus with a hoist will be approximately $85,000. The existing bus will be disposed of as per Council policy and the trade in value will be used towards the cost of the new bus.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

· Access and Inclusion Plan 2018 – 2023

· Age-friendly Communities Plan 2016 - 2021

· Strategic Community Plan 2021 – 2031 (Strategic Theme: Our Community).

Organisational risk management:

A replacement bus will ensure Manjimup Home and Community Care are utilising a vehicle with up to date equipment and safety features.

Financial Implications:

The Shire of Manjimup auspices the grant based Home and Community Care program. Vehicle assets are depreciated annually with funds allocated to the Asset Replacement Reserve. The purpose of this reserve is “monies set aside for the purpose of asset replacement, including vehicles, specifically relating to the Home and Community Care scheme”.

There is no additional impost on municipal funds as the current bus is one hundred percent depreciated and will be purchased from Reserve funding.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Bus transport is a critical component of activity services for both aged and disability clients. It is important that service busses remain fit-for-purpose to meet client needs and safety requirements.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Approve the purchase of a 12 seat bus fitted with a hoist to replace the existing 9 year old bus for the purposes of providing transport support services for aged and disability consumers for a net figure of $75,000 after trade-in of the existing asset; and

2. Approve the transfer of $75,000 from the HACC Asset Replacement Reserve for the purpose of purchasing a replacement 12 seat bus as per the table below:

Description	Current Budget	Amended Budget	Variation
Bus Purchase	$0	$85,000	$85,000
Trade-Bus	$0	($10,000)	($10,000)
HACC Asset Replacement Reserve	($679,501)	($604,501)	($75,000)
		Net Funds	$0

138

ATTACHMENT

APPENDIX

9.12.3 Consideration of Results of Public Consultation for the Proposed Road Closure and Amalgamation Collier Street, Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Part of Collier Street, Manjimup
WARD:	Central Ward
ZONE:	Road Reserve/Recreation
DIRECTORATE:	Works & Services/Community Services
FILE REFERENCE:	F210235
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Yvonne Ganfield
DATE OF REPORT:	2 November 2021
DECLARATION OF INTEREST:	Nil

Background:

At the Ordinary Council meeting of 9 September 2021, Council resolved to support for advertising purposes, the closure of the Collier Street road reserve north of Johnson Street and subsequent amalgamation into adjacent Lot 783 Collier Street, Manjimup. A copy of this report is appended.

APPENDIX: 9.12.3 (A)

Location Plan

In accordance with Council’s resolution, the proposal was publically advertised and letters sent to stakeholders as required by the Land Administration Act 1997. The purpose of this report is to provide Council with a summary of submissions prior to the final resolution to request the Minister for Lands to close a portion of the road reserve.

PUBLIC Consultation Undertaken:

The proposed closure was advertised in the Manjimup Bridgetown Times on 29 September and 6 October 2021, on the Shire website and letters sent to the following stakeholders:

· Department of Planning Lands and Heritage (DPLH);

· Department of Biodiversity Conservation and Attractions (DBCA);

· Telstra Plan Services;

· Western Power;

· Water Corporation;

· Department of Mines Industry Regulation and Safety (DMIRS)

· Department of Water and Environmental Regulation (DWER); and

· Adjacent landowners.

As a result of the consultation process, seven (7) responses were received without objection, though with two (2) submissions requiring officer comment. A summary of the comments are included in the attachment.

ATTACHMENT: 9.12.3(1)

COMMENT (Includes Options):

Submissions from all stakeholders were received without objection, with the table below showing any comments provided. Shire Officers are aware that they are required to obtain Dial before you Dig (DBYD) information before commencing any works.

Submitter	Area of Comment
Water Corporation	Critical pipeline in the vicinity
Department of Water and Environmental Regulation	An amendment to SWL63173 Licence for the dam may be required.
Western Power	DBYD assets found
Telstra Plan Services	DBYD assets found

Given the result of the public consultation and with no objection provided, Shire officers recommend that Council resolve to request the Minister for Lands, for the closure of the Collier Street road reserve north of Johnson Street and subsequent amalgamation into adjacent Lot 783 Collier Street, Manjimup. Shire officers are liaising directly with DWER regarding the dam licence.

Council is reminded that closure of this section of Collier Street will require a new access to be constructed to a single private property at Lot 1 Richmond Street. The owners will then be required to construct a new crossover to Shire standard and are eligible to apply for a subsidy. During the Collier Street road closure consultation period, no response was provided from the owner of Lot 1 Richmond Street, Ringbark.

Council is also reminded that to provide access to Lot 1 via Richmond Street, there is an unauthorised dam partly constructed within the Richmond Street road reserve. The landowner of Lot 5 Richmond Street, on which the unauthorised dam is sited, and their legal representation have been in discussions with Shire Officers regarding the removal and levelling of the dam. Both parties are now in the process of signing an Agreement for the removal and relocating of the dam at the landowners cost.

STATUTORY ENVIRONMENT:

To enable the closure of a public road, the Land Administration Act 1997 prescribes a public consultation period followed by a resolution of Council after which the proposal is submitted to the Department of Lands, Planning and Heritage.

The Local Government Act 1995 requires public notice for partial or whole road closure.

Policy / Strategic Implications:

The proposed road closure is deemed to meet, or be complementary to the strategic actions/goals of the following Shire of Manjimup documents:

· Shire of Manjimup Strategic Community Plan 2021 – 2031 Community Goals:

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

o 4.2 – “Community infrastructure is delivered and maintained at a level of service that is aligned with community needs now and in the future.”

o 4.6 – “Sport and recreation facilities sustain a broad range of pursuits.”

· Shire of Manjimup Corporate Business Plan 2021 – 2025 Actions:

o C18.1 – “Implement strategies contained in the Sports & Recreation Strategic Plan 2014-2024 in regards to community and club development and support.”

o D12.2 – “Implement strategies contained in the Sports & Recreation Strategic Plan 2014-2024 in regards to infrastructure.”

o D13 – “Support the development of a state-level sporting facility in the township of Manjimup.”

o D13.1 – “Advocate, design and implement projects in accordance with identified opportunities and feasibility.”

· Manjimup Community Recreation Hub Needs Assessment and Master Plan 2015, “Features”, p.67 – “To increase the flexibility and multi-functionality of the precinct and to integrate the site, Collier Street is to be closed. An alternative route is to be provided either through the integrated precinct or via external roads. Access may need to be provided for private properties to the north of this recreation and sporting precinct.”

Organisational risk management:

There is no risk to the organisation, provided the 370 metre connecting section of Richmond Street is constructed.

Whilst an agreement has been met in principle, the proposal still retains the minor risk of the landowner failing to deliver on the agreement to move the dam, either in its entirety or in the agreed timeframe. To mitigate this risk, the Shire can exercise its right through the Local Government Act 1995 to undertake the works for the landowner (in the case of failure to comply) and issue them with an invoice for the cost of works.

Financial Implications:

All road closure, amalgamation and road construction costs will be allocated to the existing project budget, as approved by Council as part of the adopted 2021/22 Annual Budget.

Sustainability:

Environmental: No environmental impacts are expected by undertaking the proposed partial road closure of Collier Street adjacent to Lot 783.

Economic: Nil.

Social: Many of the existing recreation facilities in the Rea Park/Collier Street reserve are ageing and in need of renewal or replacement. Significant works are required to bring Manjimup’s sport and recreation facilities up to a modern standard in line with expectations of a regional growth centre that is to support an expected increase in population.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Grant delegated authority to the Chief Executive Officer to forward a request to the Minister for Lands for approval to the closure of portion of the Collier Street road reserve north of Johnson Street and subsequent amalgamation into adjacent Lot 783 Collier Street portion of road reserve in accordance with Section 58 of the Land Administration Act 1997; and

2. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure.

ATTACHMENTS
1 ⇨	Summary of Public Submissions - Proposed Closure and Amalgamation - Collier Street	1 Page

APPENDICES
a ⇨	Proposed Road Closure and Amalgamation Collier Street, Manjimup - Request for Public Consultation 9 September 2021	6 Pages

143

ATTACHMENT

APPENDIX

9.16.1 Unconfirmed Minutes of the Manjimup Recreation Advisory Committee Meeting held 1 November 2021

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170452
LEGISLATION:	Local Government Act 1995
AUTHOR:	Shammara Markotis
DATE OF REPORT:	2 November 2021
DECLARATION OF INTEREST:	Nil

Background:

The Manjimup Recreation Advisory Committee (MRAC) is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995.

The purpose of the committee is:

· “To provide advice to Council on the development, management and promotion of sport and recreation facilities in Manjimup;

· To make recommendation to Council in regard to matters that will improve the use and sustainability of the sport and recreation facilities in Manjimup for the benefit of the broader community;

· To provide advice on trends in sport and recreation (e.g. participation rates, regulations, facilities);

· To guide & provide feedback to Council and staff in relation to strengthening key programs (such as: KidSport, GoodSport, Youth, Seniors, Club Development, Access & Inclusion);

· To provide feedback and advice in regard to financial matters pertaining to sport and recreation; and

· To provide feedback and advice in terms of Council’s annual adoption of fees and charges.”

A copy of the endorsed Terms of Reference is appended.

APPENDIX: 9.16.1(A)

The purpose of this report is to present the unconfirmed minutes of the MRAC meeting held on 1 November 2021, as attached, for Council consideration.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

There are no recommendations made by MRAC requiring a Council decision.

Prior to the meeting Jodi Johnston tendered her resignation as the tennis representative on the committee. As a result of the resignation the Terms of Reference as amended are attached.

ATTACHMENT: 9.16.1(2)

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Shire of Manjimup Strategic Community Plan 2021-2031:

Strategy C18 - Create, support and promote a broad range of sporting, recreational and social opportunities that are accessible and inclusive for all ages and abilities.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Collaboration between sporting clubs and community members is important in the sustainable development of community sport and recreational facilities.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive and note the unconfirmed meeting minutes of the Manjimup Recreation Advisory Committee meeting held 1 November 2021 as per Attachment: 9.16.1(1);

2. Accept the resignation of Jodi Johnston as the Tennis Representative on the Manjimup Recreation Advisory Committee;

3. Thank Jodi Johnston for her contribution to the Manjimup Recreation Advisory Committee; and

4. Amend the Terms of Reference for the Manjimup Recreation Advisory Committee as per Attachment: 9.16.1(2).

ATTACHMENTS
1 ⇨	Manjimup Recreation Advisory Committee Meeting Unconfirmed Minutes 1 November 2021	5 Pages
2 ⇨	Amended Manjimup Recreation Advisory Committee Terms of Reference November 2021	2 Pages

APPENDICES
a ⇨	Manjimup Recreation Advisory Committee Terms of Reference October 2021	2 Pages

ATTACHMENTS
1 ⇨	Budget Adjustments - September 2021	1 Page

ATTACHMENTS
1 ⇨	9.1.12 Traffic Management for Events on Roads (Reviewed)	3 Pages

ATTACHMENTS
1 ⇨	Policy 9.1.8 Road Reserve Vegetation Management (Reviewed)	6 Pages

ATTACHMENTS
1 ⇨	10.1.8 Salvage of Fallen Naturally Occurring Timber in Road Reserves (Reviewed)	4 Pages