Agenda

 

 

Council Meeting

 

24 March 2022

 

 

 

 

 

SHIRE OF MANJIMUP – Council Meeting AGENDA

 

24 March 2022

 

 

 

 

Notice to all councillors

 

 

An Ordinary Meeting of Council is called for Thursday 24 March 2022 commencing at 5:30pm in the Pemberton Sports Club - Jarrah Room.

 

________________________

Andrew Campbell

Chief Executive Officer

 

16 March 2022

 

 

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 24 March 2022

 

To be held

In the Pemberton Sports Club - Jarrah Room

 

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.

 

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 determined by the Shire of Manjimup Standing Orders Local Law 2013, this is the only opportunity for members of the public to ask up to a maximum of two questions of Council.  There is no further opportunity to question the Shire of Manjimup during the meeting.  Questions can be asked on any Shire matter, not just on issues included in the meeting agenda and each person shall have up to 3 minutes to ask their questions which may be extended by an additional 3 minutes where considered appropriate by the Presiding Member.  Persons asking questions are entitled to a response unless the question is declared “out of order” by the Presiding Member.  If a matter requires further investigation, that response may be in writing. Any person asking questions of Council must state their correct name and address as this will form part of the public record of this meeting]

 

6.         PRESENTATIONS:

6.1      Petitions

6.2      Presentations

6.2.1 A Citizenship Ceremony is to be held for Craig Hodges and Kim Starkie.

6.3      Deputations

6.4      Delegates’ reports

6.5      Conference Reports

 

7.         CONFIRMATION OF PREVIOUS MINUTES:

 

________________ / __________________

 

That the Minutes of the Ordinary Meeting of the Council held on 3 March 2022 be confirmed.

8.         MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: 

9.         OFFICERS’ REPORTS:

MAJORITY	ITEM	COUNCIL OFFICERS’ REPORTS	Page No.
		OFFICE OF CEO
	9.1	Office of CEO
		BUSINESS DIRECTORATE
	9.2	Corporate & Governance
	9.3	Finance & Administration
	9.3.1	Council Financial Payments for February 2022	6
	9.3.2	Local Government Compliance Audit Return 1 January 2021 to 31 December 2021	11
	9.3.3	Monthly Financial Activity Statement - January 2022	14
	9.4	Information Communications Technology
		DEVELOPMENT & REGULATION DIRECTORATE
	9.5	Statutory Planning
Absolute	9.5.1	Proposed Scheme Amendment 26 - Lots 2084 (87) and 50 Dingup Road, Dingup	17
	9.5.2	Proposed Dam with Reduced Setback at Lot 3 (17) Richmond Street, Ringbark	24
	9.5.3	Proposed Advertisements (Portable Sign x 2) at Lot 45 (5) Brockman Street, Manjimup	30
	9.5.4	Proposed Crown Land Rationalisation within Townsites	34
	9.5.5	Delegated Planning Decisions for February 2022	42
	9.5.6	Request for Reconsideration - Proposed Industry-Rural and Staff Amenities at Lot 6 South Western Highway, Middlesex	45
	9.5.7	Proposed Modified Plans - Manjimup Trailbike Hub - Lot 825 Mottram Street, Manjimup	56
	9.6	Building Services
	9.7	Ranger & Emergency Services
	9.8	Environmental Health Services
		COMMUNITY SERVICES DIRECTORATE
	9.9	Community & Recreation Services
	9.10	HACC Services
	9.11	Libraries & Cultural Services
		WORKS AND SERVICES DIRECTORATE
	9.12	Technical Services
	9.12.1	Proposed Options for Managing Camper and Highway Traveller Waste During Peak Periods	61
	9.12.2	Proposed New Waste Local Law 2022	67
	9.13	Works
Absolute	9.13.1	Proposed Budget Amendment for Mordalup Road Black Spot Funded Construction Project	72
	9.13.2	Review of Works and Services Policy 10.1.9 School Assistance by Council's Works and Services Directorate	75
	9.14	Parks & Gardens
	9.15	Occasional and Management Committees
	9.15.1	Unconfirmed Minutes of the Audit Committee Meeting Held 3 March 2022	77
	9.15.2	Unconfirmed Minutes of the Airfield Management Committee Meeting Held on 23 February 2022	79
	9.16	Advisory Committees
Absolute	9.16.1	Unconfirmed Meeting Notes of the Manjimup Heritage Park Advisory Committee Meeting Held on 8 March 2022 and endorsement of new Community Nomination.	81
	9.16.2	Unconfirmed Minutes of the Pemberton Community Hub Advisory Committee 1 March 2022	84
Absolute	9.16.3	Unconfirmed Minutes of the Northcliffe Town Activation Advisory Committee Meeting held on 22 February 2022	86
	9.16.4	Unconfirmed Minutes of the Manjimup Town Activation Advisory Committee Meeting held on 24 February 2022	89

 

 

    

ATTACHMENT

 

9.3.1          Council Financial Payments for February 2022      

 

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:	22 February 2022
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 $20,027.47 for the months of October 2021 until January 2022 and the accounts for payment totalling $1,512,509.01 for the month of February 2022 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 24 March 2022.

 

Fund	Vouchers	Amount
Municipal	94948 - 94969	$101,078.70
Trust Fund	-	$0.00
Total Cheques for Month of February 2022		$101,078.70

 

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 30 September 2021.

 

Fund	Batch	Amount
Municipal	176 – 179	$1,411,430.31
Total EFT for Month of February 2022		$1,411,430.31

 

 

 

 

Corporate Credit Card Transactions 21 October 2021 to 20 November 2021 (Paid 3 December 2021) – Municipal Account

6.1101	City of Fremantle Parking for CEO, Fremantle meeting	2.50
2.1189	Adina apartment Hotel Perth: 1 x night accommodation Cr Buegge – WALGA New Councillor event	204.97
4.1221	Adobe: Creative Cloud Apps for PRO to design documents	76.99
7.1014	Westpac corporate Card Fee: CEO	18.25
98.1405	Campad Electronics & Seltronics Services: 2 x strike Alpha Samsung Galaxy A31 Cradle Professional install	289.47
680.1133	Westnet Inv 128901348 – Internet service 01/11/21 – 01/12/21 Walpole Library	89.95
98.1410	Westnet Inv 128901348 -  Internet service 01/11/21 – 01/12/21 – Manjimup SES	79.99
83.1410	Westnet Inv 128901348 – Internet service 01/11/21 – 01/12/21 Northcliffe BFB	49.95
13.1294	Foxit software Inc: Phantom PDF software Renewal	112.43
7.1014	Westpac corporate Care Fee : DB	18.25
894.6001	Cummins South Pacific P/L: Fuel pump transfer & gasket cover plate	443.40
2079.6002	Direct Suspensions: Tailgate dust seal kit, 1002WA	256.95
946.6001	Bunbury Trucks: switch – open/close bus door, BS05	178.32
687.1317	Applied Education: Microsoft Excel Advanced Course, Online – admin officer tech services	165.75
7.1014	Westpac Corporate Card Fee: DWS	18.25
7.1014	Westpac Corporate Card Fee - DDR	18.25
7.1014	Westpac corporate Card Fee – Emergency Relief Card	18.25
575.1101	Park Manjimup: Refreshments – RAP meeting – ST:1 NS: 1	8.00
1146.1567	Singh & Kaur WA P/L – Tree Top Walk Motel – Overnight Accommodation for Children’s Book Week Author	185.00
1146.1567	Best Western Pemberton Hotel: Overnight Accommodation for Children’s Book Week Author	135.00
575.1101	Park Manjimup: Refreshments – Community Services Directorate Managers meeting ST: 4	16.00
573.1035	Emergency ID Australia: 1 x Medical ID bracelet for HCP Client	99.94
671.1317	Stayz Luxury on Lake’s Edge Wembley : 3 x night’s accommodation for 3 x staff – Pool Operator Course – 3 lifeguards upgrading qualifications	615.10
7.1014	Westpac corporate Card Fee : DCS	18.25
Total Credit Card Payments		$3,119.21

 

Corporate Credit Card Transactions 21 November 2021 to 20 December 2021 (Paid 3 January 2022) – Municipal Account

 

4.1221	Amazon: Lights to decorate windows for Cherry Harmony Festival	188.28
6.1391	Pay: ECU Parking for CEO – LHAAC Meeting	4.50
4.1221	Adobe: Creative Cloud Apps for PRO to design documents	76.99
680.1133	Westnet Inv 129363091: Internet services 01/12/21 - 01/01/22 Walpole Library	89.95
98.1410	Westnet Inv 129363091: Internet Services 01/12/21 - 01/01/22 MJP SES	79.99
83.1410	Westnet Inv 129363091: Internet Services 01/21/21 – 01/01/22 Northcliffe BFB	49.95
13.1294	Screenconnect Software ConnectWise: Remote support software – additional technician	735.61
14.1317	CBT Nuggets: 3 x Online IT Training Registrations	2,905.55
3.1300	Coles: 5 x Gift Cards – Staff Awards	500.00
3.1300	Coles: 1 x $50 and 1 x $100 Gift Cards – Staff Awards	150.00
687.1317	WALGA: 3 x WALGA Workshop Registrations	105.00
790.1194	CSP Group Pty Ltd: 74 Kraken 3/4 (19mm) Rigging Ropes	777.00
688.1194	CSP Group Pty Ltd: 100 Kraken 5/8 (16mm) Rigging Ropes	800.00
687.1317	Secure Parking: WALGA Workshop DWS/Mgr Tech Services & Tech Officer	12.30
687.1317	Secure Parking: WALGA Workshop DWS/Mgr Tech Services & Tech Officer	9.23
1912.1101	The Reject Shop: 1 x $100 Gift Card – Raffle Prize for Engage & Empower Youth survey	100.00
575.1101	Park Manjimup: Refreshments – RAP Meeting ST: 1  Cr: 1 Vo: 7	121.50
575.1317	Southern Forests Arts: 2 x Creative Leadership Programs	500.00
677.1682	Big W Online: New book purchases for Walpole Library	95.90
573.1317	Eventbrite/Lorraine Poulos & Associates: 1 x Course Registration – Assessing Risk	469.70
677.1682	EZI/Holmgren Store: New book purchases for Walpole Library	96.95
573.1035	Pay Pal/ Unicare Health – 4 x Fall Management Non Slip Slipper	170.50
575.1675	Woolworths : Various GST Groceries/Items for Heritage Park Volunteer Thank you	57.70
575.1675	Woolworths Various non-GST Groceries/Items for Heritage Park Volunteer Thank You	77.75
1409.6003	BP Manjimup: 58.02Ltrs diesel @ $1.599/Ltr, 1012WA	92.77
575.1101	Eventbrite/Regional Development South West Inc:2 x Registrations to SW Regional Futures – Manjimup Launch Sundowner DCS & CS Mgr	44.00

 

Total Credit Card Payments

$8,311.12

 

Corporate Credit Card Transactions 21 December 2021 to 20 January 2022 (Paid 3 February 2022) – Municipal Account

 

3.1301	Coles gift Cards x 2 – Departure Gift J Jones	200.00
571.1036	Banner Online: 120 Boxes Medical Surgical face Masks / 110 boxes Medical gloves	2,454.94
680.1133	Westnet Inv 129820523: Annual charge for Westnet Static IP Address 01/01/22 to 01/01/23, Walpole library	55.00
680.1133	Westnet Inv 129820523: Internet service 01/01/22 to 01/02/22, Walpole Library	89.95
98.1410	Westnet Inv 129820523: Internet service 01/01/22 to 01/02/22, Manjimup SES	79.99
83.1410	Westnet Inv 129820523: Internet service 01/01/22 to 01/02/22, Northcliffe BFB	49.95
2099.6003	BP Bridgetown: 31.27Ltrs Diesel @ $1.599/ltr for 1008WA	50.00
13.1294	Digicert Inc: Renewal of SSL Certificate for manjimup.wa.gov.au	2,158.42
669.1317	Trail Futures: 1 x Trail Mix Webinar - Pump Tracks	50.00
6.1346	JB HiFi: IPhone Case & Wall charger	84.90
6.1392	Australian Institute of Company Directors: Membership Renewal, Standard Graduate 30/12/21 to 31/12/22	605.00
4.1221	Adobe: Creative Cloud Apps for PRO to design documents	76.99
6.1902	Aushygenics: 30 x 5 pack Rapid Antigen Test Kits	2,024.00
12.1101	Bagworld: 2 x Samsonite Xenon Laptop 15.6" Bags	178.00
6.1392	Economic Development Australia Ltd: Membership	440.00
Total Credit Card Payments		$8,597.14

 

Corporate Credit Card Transactions 21 January 2022 – 20 February 2022 (Paid 6 March 2022) 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 October, November and December 2021 totalling $20,027.47 and note the February 2022 Accounts for payment totalling $1,512,509.01 as detailed in the Attachment: 9.3.1(1).

 

ATTACHMENTS
1⇨	Council Payments February 2022	24 Pages

 

 

   

ATTACHMENT

 

9.3.2          Local Government Compliance Audit Return 1 January 2021 to 31 December 2021      

 

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F170049
LEGISLATION:	Local Government Act 1995
AUTHOR:	Craig Martyn
DATE OF REPORT:	11 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

Each Local Government is required to carry out a Compliance Audit Return (CAR) for the period 1 January 2021 to 31 December 2021.

 

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

 

Regulation 14 of the Local Government (Audit) Regulations 1996 requires the local government’s Audit Committee review the CAR and report the results to the Council, prior to adoption by Council and submission to DLGSCI by 31 March 2022. On the 3 March 2022 the Shire of Manjimup Audit Committee were presented with and endorsed the findings contained within the CAR. The minutes of that meeting will be presented as a separate item.

 

A copy of the CAR for the Shire of Manjimup for the period 1 January 2021 to 31 December 2021 is attached.

ATTACHMENT: 9.3.2 (1)

 

The purpose of this agenda item is for Council to consider adopting the proposed 2021 Compliance Audit Return.

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

The 2021 CAR was available to local governments in January 2022 via the DLGSCI communication portal, Smart Hub.  The various questions are distributed amongst relevant staff with their responses collated to form the 2021 CAR. 

 

The 2021 CAR contained 98 items, including 9 optional questions, with 1 item of non-compliance, or 99% compliance.

 

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

 

	2020 Compliance Return		2021 Compliance Return
Section	Number of Items	Number of Non-Compliant Items	Number of Items	Number of Non-Compliant Items
Commercial Enterprises by Local Government	5	0	5	0
Delegation of Power/Duty	13	0	13	0
Disclosure of Interest	21	0	25	0
Disposal of Property	2	0	2	0
Elections	3	0	3	0
Finance	11	1	7	0
Integrated Planning and Reporting	3	0	3	0
Local Government Employees	6	0	6	0
Official Conduct	4	0	3	0
Optional Questions	10	1	9	0
Tenders for Providing Goods and Services	24	0	22	1
Totals	102	2	98	1
% non-compliance		2%		1%

 

The items of non-compliance occurred in the section Tenders for Providing Goods and Services.

 

Question 7 within this section is “Did the information recorded in the local government’s tender register comply with the requirements of Functions and General, Regulation 17 and did the Chief Executive Officer make the tenders register available for public inspection and publish it on the local government’s official website?”.

 

The register was available for public inspection, however was not published on the Shire’s official website during the 2021 calendar year, making the Shire of Manjimup non-compliant with this regulation. The Tender Register is now posted on the Shire of Manjimup’s official website.

 

The 2021 CAR is required to be certified by the Shire President and the CEO then lodged with the DLGSCI by the 31 March 2022.

 

STATUTORY ENVIRONMENT:

Local Government Act 1995

 

 

Policy / Strategic Implications:

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

 

Organisational risk management:

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

 

Financial Implications:

Costs associated with the completion of the 2021 CAR have be met within operational funding.

 

 

Sustainability:

Environmental: Nil.

Economic: Nil.

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

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council adopt the 2021 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2021 to 31 December 2021 as provided in attachment: 9.3.2 (1).

 

ATTACHMENTS
1⇨	Proposed Compliance Audit Return 1 January 2021 to 31 December 2021	13 Pages

 

 

 

ATTACHMENT

 

9.3.3          Monthly Financial Activity Statement - January 2022      

 

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:	16 March 2022
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;

·    Annual budget estimates;

·    Estimates to end of month;

·    Actual expenditure;

·    Actual income;

·    Material variances; and

·    Net current assets.

 

The Financial Activity Statement report for the period to 31 January 2022 is attached.  The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.3 (1)

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 January 2022 is a projected profit of $12,000.

 

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

 

To date there have been some moderate issues both in the positive and in the negative. Some specific areas of income that are heavily influencing the projected profit position in a negative way are Interest Received $25,000 and Power Up Museum income projected to be $45,000 under budget.

 

Interest Received has been an issue for the past 2 years with very low interest rates available to generate income. Shire Officers invest in various conservative investment options so as to stay within the Council’s Investment Policy. Power Up Museum has slowly emerged and if current trends continue, will need to be offset by savings in other areas. The reduced entry income has been influenced by multiple State directions, and experience based tourism is suffering across the State, as this type, like the Power Up, are predominately supported by international and interstate tourist. The Heritage Park has been well supported by intrastate tourist during the border closure period, with the carpark full most weekends, however this hasn’t seen an increase in Museum entries. Shire Officers have looked to reduce expenditure to help offset some of the loss however this budget will need to be monitored and well managed for the remaining 5 months of the year.

 

A key area driving extra income to the Shire, are economic activity based fees for  Building, Planning and Property Information Fees, all expected to exceed budget with a projection of $30,000 combined. Whilst this is a positive windfall financially, and it demonstrates that elements of the Shire’s economy is buoyant, it does mean a considerable amount of extra work for the departments involved in processing the applications.

 

As spoken about in the previous report Storm Damage continues as a moderate issue heading towards 30 June 2022. At the end of January the Works Storm Damage account was 146% expended being $186,497 spent from a $127,185 budget. It is expected that this account will continue to increase as we begin to experience more storms as the seasons change in March/April. Typically if timesheet staff are working on storm damage then other accounts like Road Maintenance will be under budget. This account will continue to be monitored closely going forward.

 

In summary, whilst there is always pressure leading up the 30 June each year on the Shire’s end of year position, at present with the projected $12,000 surplus the Shire is in a sound position to deal with any moderate unexpected issues going forward.

 

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 January 2022 as per Attachment: 9.3.3(1).

 

ATTACHMENTS
1⇨	Monthly Financial Activity Statement - January 2022	14 Pages

 

 

     

ATTACHMENT

APPENDIX

 

9.5.1          Proposed Scheme Amendment 26 - Lots 2084 (87) and 50 Dingup Road, Dingup      

 

PROPONENT	Edge Planning Consultants
OWNER	BL Nicol
LOCATION / ADDRESS:	Lots 2084 (87) and 50 Dingup Road, Dingup
WARD:	East
ZONE:	Rural Residential (RR26)
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA22/9; P55612
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	16 February 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

Lot 2084 (87) and Lot 50 are 52.95 hectares and 1,011m² in area situated on the northern side of Dingup Road and approximately 300 metres to the west of Muir Highway. The land was rezoned from “Rural” to “Rural Residential” in 2009. An application to amalgamate Lots 2084 and 50 has been approved by the Western Australian Planning Commission (WAPC), but the amalgamated title is still to be created.

 

Location Plan

 

Currently Lots 2085 and 50 are developed with a dwelling, four sheds, two large dams as well as two small stock dams. A time-limited approval was recently granted for a Rural Pursuit, being the planting of a seed potato crop.

 

At its meeting held on 18 November 2021, Council were requested to consider a proposed scheme amendment documentation that proposed a rezoning of the subject lots. Council resolved the following:

 

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.

 

An extract of the Council Minutes is appended.

APPENDIX: 9.5.1(A)

 

The applicants have now submitted documentation proposing to rezone the property from “Rural Residential” to “Priority Agriculture” in accordance with Council’s resolution. In addition to including the land within the Priority Agriculture Zone, the applicants have proposed that the two lots immediately abutting the eastern boundary (Lots 51 and 898) be included within Rural Residential Zone (RR26).  A copy of the amendment document is shown attached.

ATTACHMENT: 9.5.1(1)

 

Council is now request to consider adopting the amendment for the purpose of a formal environmental impact assessment and advertising.

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

The provisions of Local Planning Scheme No. 4 (the Scheme) include the subject two lots within the Rural Residential zone. 

 

The purpose of this zone is to “provide for low density residential development in a rural setting consistent and compatible with adjacent land use activity, landscape and the environmental attributes of the land”. The objectives of the Scheme relating to this zone is to encourage a variety of lot sizes and appropriate designs which accommodate environmental opportunities and constraints and landscape protection requirements.

 

The current zoning resulted from a Scheme Amendment, completed on behalf of the previous land owner.  The current landowner does not wish to proceed with the subdivision and instead seeks to utilise the land for rural purposes.

 

Proposed Scheme Amendment Provisions

As detailed above, the provisions of the Scheme include the subject land within the Rural-Residential Zone, being Rural Residential Area 26 (RR26).  The amendment documentation as submitted proposes:

 

a)   To delete Lots 2084 and Lot 50 from the Rural-Residential Zone and the provisions of Schedule Two relating to RR26;

b)   Modify Schedule Two include two adjacent lots (Lots 51 and 898) within RR26; and

c)   Delete Special Provisions 1,2 and 4-21 inclusive from the Schedule.

 

The deletion of Special Provisions 1,2 and 4-21 inclusive, leaves only Clause 3 which relates to land use permissibility within Schedule Tw.  An examination of the Scheme provisions confirms that:

 

i)    the uses listed in Clause 3 are adequately covered by the provisions of the Scheme, with the exception of “Private Recreation”, which is normally prohibited in the zone;

ii)   the zoning and development table allows for an additional number of land uses to be considered within the Rural Residential Zone. A Home Business for example; and

iii)  Clause 3 contains duplications in that the uses “Cottage Industry” and “Recreation-Private” are listed twice.

 

For the following reasons, inclusion of Lot 51 and 898 is not supported for the following reasons:

 

a)   As the two lots are currently not included in RR26, a wider range of uses may be considered in accordance with the Zoning and Development Table;

b)   Inclusion of the land within RR26 will un-necessarily restrict the potential land uses that may considered on the two land parcels;

c)   RR26 as adopted by Council relates to Lots 2084 and Lot 50 only.  As a result the LPS No 4 provisions of RR26 will have no purpose should the two lots being rezoned to “Priority Agriculture”;

d)   Modifications to Schedule Two as they relate to RR26, so as to include Lots 51 and 898 within RR26 is not consistent with the previous resolution of Council; and

e)   No consultation has been undertaken with the owners of Lots 51 and 898 over the inclusion of their land.

 

 

Local Planning Strategy

The 2003-2013 Local Planning Strategy identifies Lots 2084 and 50 as Special Rural and/or Rural Tourist, however the more generalised rural planning precinct map identifies the properties as Priority Agriculture. Uses generally permitted in the areas identified as Priority Agriculture include agriculture – extensive/intensive, rural pursuits and single dwellings. The proposal is therefore to some extent consistent with the recommendations of the endorsed Local Planning Strategy.

 

Potential for Land Use Conflict

As reflected within the draft Scheme Amendment documentation, the Environmental Protection Authority (EPA) provides advice on the management of off-site impacts through its Guidance Statement No 3 entitled “Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses.”  As outlined within the guidance document, in the absence of a site-specific scientific study, separation distances should be established between a “sensitive premises”.

 

The recommended buffers include the following distances between such as a dwelling and agricultural/rural land uses:

 

a)   Horse Stables – 100-500 metres;

b)   Market Gardens – 300-500 metres;

c)   Broadscale Orchards – 500 metres;

d)   Turf Farms and Lawns – 500 metres; and

e)   Vineyards (Broadscale including Wineries) – 500 metres.

 

Within the State Planning Framework, the provisions of the EPA’s are given effect by State Planning Policy.

 

The proponent have responded to the EPA guidelines with a number of supporting points, which include, but are not limited to:

 

i)      The landowners presence on the property and intention to appropriately manage the operations;

ii)     Adopting a no spray drift zone of 50 metres from the eastern boundary;

iii)    Provision of a 10 metre wide vegetated buffer and a 15 metre setback to the eastern boundary based on the following:

·    A 15 metre wide buffer was recently applied to and accepted for Scheme Amendment No 23 (Stella Violets);

·    The Western Australian Planning Commissions approval of a residential estate opposite “Priority Agricultural Land” in Donnybrook; and

·    Based on the Health Department of WA advice that the approved structure plan in Donnybrook was supported with a 20  metre wide revegetated area on the northern boundary (within a 30 metre buffer) and no buffer to the road.

 

In the opinion of Shire Officers, the relevance of the matters stated under point iii) is questionable given that the Donnybrook-Balingup Scheme Amendment relates to a decrease in residential densities rather than the introduction of a new zone and it is not known what level of site-specific site investigation was undertaken in accordance with EPA guidelines.  Furthermore Scheme Amendment No 23 is within a district zoned Priority Agriculture and the buffers are to ensure that additional short stay accommodation on that property is appropriately setback from existing agricultural activity.

 

In the opinion of Shire Officers, the amendment documentation as submitted does not address point 1(b) of Council’s resolution on 18 November 2021, which was as follows:

“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.”

 

Prior to adopting the amendment, it is recommended that the applicant be required to undertake a site specific scientific study as recommended within the EPA Guidelines, as required by Council’s previous resolution.

 

Amendment Process

The applicant is requesting that Council adopt the amendment for the purposes of advertising. Until such time as a scheme amendment is adopted for the purposes of advertising, 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 proceed to adopt an Amendment.

 

Should Council resolve to adopt the Amendment documentation as submitted, 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.

 

Standard Amendment

As prescribed by the Planning and Development Act 2005 and associated Regulations, Scheme Amendments are classified as being either Basic, Standard or Complex.

 

The applicants have within the draft document, identified that the Amendment will be a Standard Amendment.

 

Conclusion

In the opinion of Shire Officers the submitted Scheme Amendment documentation requires modification to remove reference to the adjacent land for those reasons outlined within the comment section above.  Additionally it is recommended that Council require the proponent to prepare a site-specific scientific study to address point 1(b) of Council’s 18 November 2021 resolution.

 

Should Council support the applicant’s request, Shire Officers will liaise with the landowner over the preparation of suitable scheme amendment documents. Once these documents are available, advertising of the amendment in accordance with the requirements of the Planning and Development Act 2005 will occur.

 

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

 

A10.    Encourage all aspects of sustainable farming and agriculture;

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

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

D7.      Review or amend the Local Planning Scheme to meet the changing needs of community and industry.

 

Organisational risk management:

Nil.

 

Financial Implications:

The applicant has paid the required fee to initiate the scheme amendment process. Additional fees will be requested prior to referral to the Environmental Protection Authority.

 

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 care will need to be exercised by the landowner to ensure that any intensification of the agricultural use of the property will not detrimentally impact on the amenity of the adjacent and nearby Rural Residential land and dwellings.

 

 

 

VOTING REQUIREMENTS:                  ABSOLUTE MAJORITY

 

 

Officer Recommendation:   That Council: 1.      Require to the satisfaction of the Chief Executive Officer, the Scheme Amendment documents as submitted being modified to: a)      Remove reference to Lots 51 and 898 from being included within Rural-Residential Area 26; b)      Reflect the deletion of Scheme provisions relating to Rural-Residential Area No 26 as part of the scheme amendment process; and c)      Include a site specific scientific study as recommended by 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 use activities will not detrimental as required by point 1 (b) of Council’s previous resolution on 18 November 2021. 2.      Resolve, subject to compliance with point 1 above and pursuant to Section 75 of the Planning and Development Act 2005, amend Local Planning Scheme No. 4 to: a.    Rezone Lot 2084 (87) and Lot 50 Dingup Road, Dingup from “Rural Residential” to “Priority Agriculture” Zone. 3.      Classify the scheme amendment, referred to in point 2a), above as a Standard Scheme Amendment in accordance with Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations (2015), as the amendment is considered to some extent be consistent with the local planning strategy; 4.      Subject to the Environmental Protection Authority determining that the Scheme Amendment will not be the subject of a formal Environmental Impact Assessment and the Western Australian Planning Commission granting consent to advertise, advertise the amendment period of not less than 42 days in accordance with  Regulation 47 of the Planning and Development (Local Planning Schemes) Regulations 2015; 5.      Await a further Officer report on the amendment following the close of advertising referred to in point 4 above.

 

ATTACHMENTS
1⇨	Attachment No. 1 - Scheme Amendment Documentation - March 2022		50 Pages
APPENDICES
a⇨	Council Report - 18 November 2021	6 Pages

ATTACHMENT

 

9.5.2          Proposed Dam with Reduced Setback at Lot 3 (17) Richmond Street, Ringbark      

 

PROPONENT	Mr M A Kordic
OWNER	Mrs D L Kordic
LOCATION / ADDRESS:	Lot 3 (17) Richmond Street, Ringbark
WARD:	North
ZONE:	General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA21/138 P54555
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	3 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

Council is requested to consider a proposed dam with a 5 metre setback to the northern boundary of Lot 3 Richmond Street, Ringbark, being a 4.2 hectare property. The surrounding properties are used for horticultural purposes. The property contains a dwelling, a few outbuildings, a vineyard and some remnant native trees. A location plan is shown below,

 

LOCATION PLAN

 

The application is proposing to construct a dam wall alongside the northern boundary of the property. The dam will have a capacity of 7 megalitres (ML). The height of the dam wall will be 5 metres with a length of 90 metres and maximum width of 40 metres. The inner wall height will be 6 metres.  A copy of the information and plans of the proposal is attached.

ATTACHMENT: 9.5.2(1)

 

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.

It should be noted that the landowner has circled a number of trees on the submitted site plan.  It is understood that the landowner is intending to remove these trees to facilitate the establishment of an orchard.  While some comments are provided on this within the Agenda Item, this does not form part of the current application.

 

PUBLIC Consultation Undertaken:

The application was advertised to the adjoining landowner for a 21 day period and to the Department of Water and Environmental Regulation (DWER) for a 42 day period.

 

No comments were received from the neighbouring landowners, whilst DWER advised if the dam setback is to be relaxed (less than 20 metres from the boundary), the Shire might wish to consider allowances for vehicular access, infrastructure, or firebreaks to be constructed, and drainage matters, which may be subject to site specific requirements.

 

DWER raised concerns that a 5 metre high wall with a four-inch valve for irrigation and overflow valve may impact on the neighbouring property if excess water is discharged. A copy of the comments received are attached.

ATTACHMENT: 9.5.2(2)

 

COMMENT (Includes Options):

The following comments are offered to assist Council in determining the application.

 

Zoning

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

 

The objectives of the Scheme relating to this zone encourage the use of rural land for commercial agricultural production.

 

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…..;

(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;

(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.

 

Given the proposed dam will be used for irrigation of vineyard and avocados, the application is consistent with the objectives of the General 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 northern boundary.

 

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:

 

 

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.

 

Proposed Overflow Infrastructure

As reflected within the submissions received, DWER has within their correspondence drawn attention to the proximity of the dam wall and the proposed use of a four inch valve for irrigation/overflow.  To ensure any overflow of dam waters is appropriately managed, it is recommended that a condition be imposed to ensure that any overflow waters are to be managed to ensure no erosion or detrimental impacts on the neighbouring property.

 

Conflict with Existing Development

Concerns have been raised by Shire Officers that the proposed Dam will be located within close proximity to the existing leach drains of the effluent disposal system. The landowners have confirmed that the water captured will not be used for human consumption and that there is a potential for the leach drains to be relocated.

 

Clearing of Vegetation

Whilst not forming part of the application, the submitted site plan indicates the landowners intent to clear additional vegetation from the site to facilitate the extension of an existing orchard on the property.  In accordance with clause 8.4(x) an orchard is considered to be permitted development within the General Agricultural Zone.  That is development which may occur without the prior planning approval of the local government.

 

The above said, the exemption for an orchard is subject to compliance with setback requirements as set out within the Scheme, being:

 

·    Front – 30 metres;

·    Side – 10 metres; and

·    Rear – 30 metres.

 

It is recommended that the applicant be advised of the above as part of any resolution passed by Council.

 

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 and the need for the dam has been demonstrated.

 

STATUTORY ENVIRONMENT:

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

 

Policy / Strategic Implications:

As detailed within the Comment Section of this Agenda Item, the application has been assessed against Local Planning Policy 6.1.22 – Dams. 

 

Approval to the application would be consistent with the following Strategy as contained within the Shire of Manjimup’s Strategic Community Plan 2021-2031:

 

 

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:

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

 

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: 1.      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 of five (5) metres to the northern boundary and land clearing at Lot 3 (17) Richmond Street, Ringbark (Application TP 2021/130) in accordance with the plans and specifications shown at Attachment 9.5.2(1) and subject to the following conditions and advice: a)    The development permitted shall be carried out generally in accordance with the plans and specifications submitted as listed below: Reference Document Title Date Received 1. Dam locality plan 14 October 2021 2. Dam design 17 January 2022 Form Additional information for dam construction 14 October 2021   b)   The setbacks shown on the approved plans are to be to the toe of the dam wall; c)    Any and all overflow waters associated with the dam hereby approved shall be managed so as to not result in erosion or detrimental impacts on the neighbouring property 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; and e)   Water from the dam is prohibited to traverse across property boundaries. 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.   That the water captured from the dam hereby approved is not recommended for human consumption; and   iii.  The applicant is advised that the Department of Water and Environmental Regulation have through their submission identified concerns that regarding the size/location of the overflow valve.  Construction of the dam should be in accordance with condition (c) be completed in such a manner so as to ensure any dam overflow does not result in detrimental impacts on the neighbouring land.   2.         The applicant be advised that the establishment of an orchard on the subject land, together with the removal of any vegetation as a result, is considered exempt from the need to obtain the Shire’s prior planning approval.  Prior approval is however required for any orchard established within the following setback requirements: ·    Front – 30 metres; ·    Side – 10 metres; and ·    Rear – 30 metres.

 

ATTACHMENTS
1⇨	Plans and Information Submitted for Approval	5 Pages
2⇨	DWER Comments Received	1 Page

 

 

 

ATTACHMENT

 

9.5.3          Proposed Advertisements (Portable Sign x 2) at Lot 45 (5) Brockman Street, Manjimup      

 

PROPONENT	Mr G Samiyaiah
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 45 (5) Brockman Street, Manjimup
WARD:	Central
ZONE:	Town Centre – Commercial
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA22/8; P56389
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts; Jocelyn Baister
DATE OF REPORT:	10 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

Council is requested to consider a development application for the establishment of Advertisements, consisting of two “Portable Signs” within the road reserve adjoining Lot 45 (5) Brockman Street, Manjimup. A location plan is shown below.

Location Plan

 

Lot 45 (5) is located within the Brockman Street food and beverage precinct and is a ground floor tenancy within the Shire owned building which also includes Cilantro’s restaurant and the proposed Gatsby’s Skyline entertainment venue.

 

Approval is being sought for two Portable A-frame Signs with a height of 900mm and a width of 600mm. These are to be located in front of the business, advertising that the business is “Open”. A copy of the submitted plans and information is attached.

ATTACHMENT: 9.5.3(1)

 

The application is referred to Council for determination as the proposal is varying the requirements, as the limitation to one (1) portable sign per business as identified by Local Planning Policy 6.1.4 Advertising Devices (Signage and Flags) (the Policy).

 

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) for a 21 day period to the adjoining business owners on Brockman Street. Council records indicate that the letters were sent from the Shire Office on 8 February 2022 with the submission period closing on 1 March 2022. No comments or objections were received during the submission period.

 

COMMENT (Includes Options):

The provisions of the Local Planning Scheme No. 4 (the Scheme) include the subject property within the Town Centre – Commercial zone. As prescribed by clause 5.29 of the Scheme, advertising signs require prior planning approval, unless they are identified as exempt under Schedule 15.

 

Council adopted Local Planning Policy LPS4 6.1.4 Advertising Devices (Signage and Flags) on 23 June 2019 in order to guide officers in assessing applications for Advertising Signage. The Policy defines a Portable Sign as an “advertising device that is free standing, on which words, numbers, figures or drawings area displayed for the purpose of advertising any business, function, operation, development, event undertaking or any product.”

 

The proposed signs comply with the Advertising Devices (Signage and Flags) Policy, with the exception that the application is requesting two (2) portable signs on the subject site. Further guidance is provided below to assist Council in determining the application.

 

LPS4 6.1.4 Advertising Devices (Signage and Flags)

The Policy prescribes the development criteria to be used when assessing applications for Portable Signs. Assessment of the application against this criteria confirms that the proposal complies, except for the requirement of a maximum number being one per business.

 

Plans submitted in support of the application detail the signs to be placed on Brockman Street abutting the shop frontage – one on either side of the shop entrance.

 

Where an application does not comply with the acceptable criteria of the Policy it requires assessment against the following performance standards:

 

a)   The signage supports the amenity of the locality through high quality design and construction standards;

b)   The signage supports the vision and objectives of the location through restraint in size, scale and collective amount;

c)   The signage contributes to safe and legible public realm by not creating visual clutter; and

d)   The location, size and design does not hinder public circulation.

 

The business currently has two awning signs and window signs advertising the location. Photographs of the existing signage and street scape are shown at Attachment: 9.5.3(3).

ATTACHMENT: 9.5.3()

 

It is considered that an approval of two portable signs as proposed will be contrary to the vision and objectives of the location and will add to the visual clutter within the pedestrian environment. Approval to two signs as proposed will also in the opinion of Shire Officers create an undesirable precedent for multiple signs per business within the Manjimup Central Business District.  It is therefore recommended that conditional approval be granted to a single portable sign only. 

 

Conclusion

Conditional approval is recommended of a single portable sign only in accordance with the provisions of LPS4 6.1.4 – Advertising Devices (Signage and Flags), effectively refusing the second sign as a second portable sign does not meet the performance standards of the Policy.

 

STATUTORY ENVIRONMENT:

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

 

Policy / Strategic Implications:

The provisions of Local Planning Policy LPS4 6.1.4 – Advertising Devices (Signage and Flags) apply, as detailed above.

 

A restriction on the number of signs approved will assist Council in delivering strategy D9 of the Strategic Community Plan 2021-2031 by regulating tourism-based and commercial roadside signage to ensure it is appropriate, well-maintained and does not negatively impact on landscape visual amenity

 

Organisational risk management:

Nil.

 

Financial Implications:

The required development application fee has been paid in accordance with the Shire of Manjimup Fees and Charges 2021/22.

 

Sustainability:

Environmental: Nil.

Economic: The additional advertising for the business on the subject site, will potentially increase economic activity.

Social: Nil.

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. grants planning approval for the Advertisement (Portable Signs) on Lot 45 (5) Brockman Street, Manjimup (TP11/2022) in accordance with the submitted plans as shown at Attachment 9.5.3(1) and subject to the following conditions: 1.      The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup; Reference Document Title Date Received 1 Sign Location 19 January 2022 2 Additional Information 19 January 2022   2.      Notwithstanding Condition 1, this approval relates to the display of a single portable sign associated with the business only; 3.      The sign hereby approved shall be located immediately abutting the premises so as to maximise the width of the available footpath to the satisfaction of the Shire of Manjimup; 4.      The portable sign is to have a maximum dimension of 0.6m wide and 1.2m tall, excluding the frame; 5.      The portable sign is to be displayed only during the hours that the business is open; 6.      The portable sign is to display the approval sticker of authorisation of the Shire of Manjimup at all times and is to be located on the bottom right had corner of the sign (Sticker No. 124); and 7.      The signs shall be kept clean, free from unsightly matter and in good condition and presentation at all times.

 

ATTACHMENTS
1⇨	Attachment No. 1 - Sign Location	1 Page
2⇨	Attachment No. 2 - Additional Information	1 Page
3⇨	Attachment No. 3 - Photographs of Existing Signage and Streetscape	1 Page

 

 

 

ATTACHMENT

 

9.5.4          Proposed Crown Land Rationalisation within Townsites       

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup and State of Western Australia
LOCATION / ADDRESS:	Various
WARD:	Whole of Shire
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161509
LEGISLATION:	Land Administration Act 1997 and Local Government Act 1995, Planning and Development Act 2005
AUTHOR:	Jocelyn Baister/Brian Robinson
DATE OF REPORT:	10 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

The Shire of Manjimup Strategic Community Plan 2021-2031 (SCP) identifies that one of the key challenges for the community is the provision of “sufficient land for housing and other developments whilst protecting our prime agricultural lands.”  A number of goals and strategies are identified within the SCP that are dependent on additional land and building activity involving a range of housing types.  Further information on these goals and strategies is provided within the Strategic Implications section of this agenda item.

 

Since adoption of the SCP, further housing issues have arisen within the Shire.  A search of websites on the day of completing this agenda item confirmed not one residential premises is currently being offered for rent in either Manjimup, Pemberton, Northcliffe or Walpole.  Vacant residential lots are also scarce having been taken up for new homes in response to Government building incentives.

 

With little to no subdivision activity currently occurring within the Shire, Shire Officers have examined the potential for residential lot creation on land held by the Shire and other Crown reserves.  Whilst the land parcels are generally discussed below, full details are provided attached.

ATTACHMENT: 9.5.4(1)

 

Council is requested to consider the recommended actions relating to land identified in Attachment 9.5.4(1) with the view to facilitating additional housing within the Shire.

 

PUBLIC Consultation Undertaken:

Public comments may be sought during future processes of subdivision or development.

 

COMMENT (Includes Options):

The following comments are offered to assist Council in its considerations:

 

Options Available to the Shire

This agenda item examines the possible actions that can be taken by the Shire to provide additional residential land, which are summarised as:

 

1.   The sale of suitable freehold land owned by the Shire;

2.   Completion of land swaps with the Crown, converting freehold land used for community purposes to Crown reserves in exchange for an equivalent area of existing Crown reserve(s);

3.   Agreement being reached whereby any funds received from the disposal of the Crown reserve are utilise in the development of remaining areas of open space; and

4.   Acquisition of reserves held by Crown at market value which can then be subdivided/developed and sold, or alternatively enter into a joint venture arrangement (i.e. Cherry Glades Estate).

 

Current Housing Market

Prior to the COVID-19 pandemic there were a number of perceived issues relating to housing availability within the Shire.  This included a limited number of residential rental properties for numerous reasons, including homes being utilised to house rural workers and the short-term tourist accommodation market.

 

Since the commencement of the COVID-19 pandemic, a number of other factors have influenced the housing market within both the Shire and State.  These factors include existing dwellings being occupied by expatriates/people returning home, growth in housing demand due to additional employment in the district and people seeking a tree change. 

 

As detailed in the Background section at the time of writing this agenda item, there were no houses located within the Shire being offered for rent on the usual platforms.

 

Vacant Land

The majority of vacant residential lots in the town have been taken up by first home owners and others in the last two years.  This has been in direct response to building incentives from State and Federal Governments.  Whilst many homes are under construction it will be sometime before these dwellings are available for occupation and it is not known if this will result in additional homes being offered for rent. 

 

Although substantial areas of land within the Shire are appropriately zoned, there is little to no subdivision activity occurring in all four towns within the Shire, meaning no new standard residential lots are currently being created.     

 

Adopted Methodology

In order to identify suitable properties for the first round of consideration, Shire Officers reviewed Shire of Manjimup freehold ownership land within each townsite which may be suitable for immediate disposal.  In this regard only two lots in Northcliffe were identified.

 

Officers then identified the freehold land that was being used for public purposes. These properties were considered as suitable to negotiate a land swap with the Land Management division of Department of Planning Lands and Heritage (DPLH).  Finally, vacant or unallocated crown land that may be suitable for residential subdivision/development was identified. 

 

Each of the townsite locations are discussed below.

 

Manjimup

There are currently no parcels of land owned freehold by the Shire that are suitable for sale as residential lots, given existing development/use and/or zoning.

 

Five freehold land parcels have however been identified within the Manjimup townsite, which are being used for public purpose (e.g. car parking) that could be offered to the Crown for reservation and the management order vested with the Shire. The offer of this land area being approximately 5,274m² to the Crown could enable the acquisition of an equal portion of Apex Park, Manjimup.

 

Shire Officers have identified Apex Park as being surplus to the recreational needs of the community (based on a 400 metre walkable open space requirement). In order for the land to be developed for housing, the land would need to be transferred from Crown reservation to a freehold title, the Zone amended from Parks and Recreation to Residential, the land subdivided and titles created.

 

It is estimated that approximately 4,200m² could be developed into nine housing sites (including a mix of single and grouped housing) and the remaining land used as a separation buffer to the strategic freight route (South Western Highway) and redeveloped into an aesthetic public open space.

 

Shire Officers could undertake the subdivision project and would recommend estate fencing on the boundary of the open space and the housing sites. A draft concept plan has been prepared for this site that could create five green titled lots and a strata title which has the potential to deliver additional staff housing and affordable rental housing.

 

An additional 9,800m² of reserves for public open space land has been identified as excess to the community needs.  This land which is generally undeveloped small parcels of land with limited potential for development as open space and could be either:

 

a)   acquired by the Shire for either disposal or development; or

b)   with the agreement of the State, be offered for sale for residential purposes with the proceeds being utilised for development of existing Public Open Space (i.e. Annanuka Park).

It is recommended that the Chief Executive Officer be granted delegated authority to pursue a land swap as identified in Attachment 9.5.4(1) and for approval to be sought for the disposal of the additional surplus reserves, with funds to be utilised for development of other open space.

 

Pemberton

The Shire does not hold any freehold land within Pemberton that has been identified as being suitable for immediate disposal.

 

Two land parcels have been identified within the Pemberton townsite, which are being used for public purposes (e.g. recreation) that could be offered to the Crown for reservation and the management order vested with the Shire. The offer of this land area being approximately 23,300m² to the Crown could enable the acquisition of three reserve parcels equalling 21,000m².

 

It should be noted however that one of these parcels being the location of the Pemberton Sports Club was ‘gifted’ to the Shire for the purpose of the community centre.  Whilst the legalities of ceding the land to the Crown need to be confirmed such an action would ensure the land remains in public ownership in perpetuity, consistent with the intent behind the ‘gift’.

 

Shire Officers have identified three parcels as being surplus to the recreational needs of the community or vacant crown land. In order for the land to be developed for housing, the land would need to be transferred from Crown reservation to a freehold title, the Zone amending from Parks and Recreation or General Agriculture to Residential, the land subdivided and titles created.

 

Shire Officers could undertake the subdivision project, however unlike the Manjimup site, a significant amount of vegetation clearing and earthworks may be required to create development lots. The number of housing sites for this land has been estimated as approximately 30 based on an average of 700m² per dwelling.

 

Northcliffe

The Shire currently holds the following residential zoned lots within the Northcliffe townsite, which could be disposed of:

 

a)   No 49 (Lot 65) Zamia Street, corner of Banksia Street being a 971m² lot; and

b)   No 22 (Lot 63) Banksia Street, being a 1012m² lot;

 

Whilst works would be required to construct a 50 metre section of Banksia Street to ensure road access, the land is appropriately zoned and could be offered for sale.

 

Six land parcels have been identified within the Northcliffe townsite, which are being used for public purposes (e.g. town hall or depot).  This land could be ceded to the Crown with the management orders vested with the Shire. The offer of this land area being approximately 16,400m² to the Crown could enable the acquisition of up to six reserve parcels equalling 18,400m².

The above said, land comprising the current Northcliffe was ‘gifted’ to the Shire. Similar to the Pemberton Sports Club, the ability to potentially transfer this land to the Crown requires further examination.

 

The six existing Crown Reserves include land previously used for the Shire Depot, some unallocated Crown Land and Public Utility reserves. In order for the land to be developed for housing, the land would need to be transferred from Crown reservation to a freehold title, the Zone amending from Parks and Recreation, Public Purpose or General Agriculture to Residential, the land subdivided and titles created.

 

Shire Officers could undertake the subdivision project, however some vegetation clearing and drainage works may be required. The number of housing sites for this land has been estimated as approximately 18 based on an average of 1,000m² per lot to allow for onsite effluent disposal.

 

An additional 58,700m² of land has been identified as land that the Shire could request from the Crown for development. These parcels are either unallocated Crown land or in Crown ownership and could deliver an additional 58 housing sites based on an average of 1,000m² per lot to allow for onsite effluent disposal.

 

There is also an unallocated vacant Crown land parcel zoned residential, with no assigned density, of 17,774m² which could be developed if acquired. These parcels are not included in the attachment.

 

Walpole

There has been no Shire owned land identified in Walpole for potential land swap with the Crown for development parcels. A total of 32 parcels of Crown land have been identified as being potentially suitable for housing development. In this case all of the land parcels are already created as individual allotments, which are generally described as:

 

a)   Lots 205-212 comprising Reserve 28159 and Lots 213-217 Nockolds Street.  These lots are current zoned Town Centre under Local Planning Scheme No 4.  However prior to sale, the ceding of a road reserve and construction of a road would be required along the rear portion of the lots to avoid access being sought to the Highway. 

b)   Lots 184-202 on the south eastern edge of the townsite, which are currently zoned Recreation.  Potential issues with pursuing this land include:

(i)         A scheme amendment process would be required for the lots to be used for residential purposes and there is likely to be objection from neighbours immediately north of the land;

(ii)        There is no constructed road access; and

(iii)       The Shires electronic mapping system shows a stream traversing the land.

 

For the above reasons, it is not recommended that this land be considered for residential development. 

In addition to the land shown in Attachment 9.5.4(1), the State Government has reserve 23072 comprising Lots 2 and 100 on the eastern side of Walpole Street East.  These two lots are both vacant are reserved for recreation and each have an area of 992m².  The Shire also has reserve 47738 being a 1012m² reserve zoned Residential (R30) located between Cooper Lane and Latham Avenue, opposite the Walpole recreation ground.

 

If this land was disposed of, the balance of funds could be used to further develop the Walpole Recreation grounds.

 

Development Versus Sale

Over the past two years, Shire Officers have noticed that with the Government building stimulus packages the number of vacant land zoned for Residential purposes have been sold and new housing developed. This indicates that historically, owners were comfortable to hold on to vacant land (land banking) for investment purposes. Vacant land obviously does not generate additional housing or increase the residential population and can negatively impact on the housing affordability. It is therefore recommended that where there is excess land currently reserved for recreation, that the Shire undertake the project and develop a majority of the land and consider disposing of land not currently reserved once subdivision and rezoning has occurred.

 

Discussion with DPLH

The Shire’s Chief Executive Officer has held preliminary discussions with representatives from DPLH over the proposal for Apex Park in Manjimup.  Should Council support the Shire proceeding with discussions with DPLH on the proposed land swaps, further consideration should be given to whether the Shire should be undertaking the development of each of the land parcels, or potentially disposing of the land.

 

Native Title

Some of the land identified within Attachment 9.5.4(1) constitutes reserves that may be subject to Native Title claims and or processes.  Should Council support the proposed approach these potential issues will be further explored.

 

Conclusion

Shire Officers have identified land in each of the townsites which has the potential of creating a substantial amount of additional housing sites. Should Council support the proposal, Shire Officers will commence planning for the sale of the two freehold lots in Northcliffe zoned Residential and formalise negotiations with the State and progress site investigations at Apex Park as a priority.

 

STATUTORY ENVIRONMENT:

Land Administration Act 1997, Local Government Act 1995 and Planning and Development Act 2005.

 

 

Policy / Strategic Implications:

Proceeding with the proposed rationalisation of Crown land for future development will assist Council in the delivery of the following goals and strategies outlined in the Strategic Community Plan.

 

Goals

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

2.3       The local economy is diversified and supports a range of industries and job opportunities.

 

Strategies

B3.      Undertake high impact campaigns to encourage new residents; targeting identified cohorts to relocate to priority areas of the Shire

C9.      Plan and develop a diverse range of affordable housing options to meet the needs of older people, people with disabilities and other vulnerable groups.

D10.    Provide for public parks and playgrounds that are accessible and attractive with well-maintained amenities and equipment.

 

Community Indicators

·    Population statistics

·    The number of sub-divisions and increase in rateable land.

 

Organisational risk management:

Nil.

 

Financial Implications:

Seed funding for the site investigations and subdivision process for Apex Park is available within the Statutory Planning operational budget.

 

Sustainability:

Environmental: A number of the sites identified for development in each of the townsites contain existing native vegetation that will require removal. In at least two of the townsites this will reduce the threat of fire to the proposed and the existing residential population.

Economic: The provision of additional residential land ready for development will assist the local economy by providing opportunities for new residents and tp encourage new businesses or industry to locate to the Shire.

Social: A well planned residential estate can increase the liveability of a townsite and add to the overall wellbeing of a community.

 

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council: 1.         Request that the Chief Executive Officer obtain costs for the construction of that portion of Banksia Street, Northcliffe in order for the Shire to proceed with the sale of Lots No 49 (Lot 65) Zamia Street and No 22 (Lot 63) Banksia Street, Northcliffe; 2.         Support the land owned by the Shire of Manjimup and used solely for public purposes contained within Attachment 9.5.4(1) being offered to the Crown and reserved for public purposes such as car parking, Shire Depot or Public Open Space in exchange for an equivalent area of reserved land being created as freehold title to be held by the Shire of Manjimup; 3.         Authorise the Shire of Manjimup Chief Executive Officer to present to the Department of Planning Lands and Heritage land identified for potential land swaps and the disposal of Crown Land is identified within this agenda item and Attachment 9.5.4(1) and to negotiate the potential acquisition of identified Crown Land, subject to no issues with Native Title; 4.         Authorise the Shire of Manjimup Chief Executive Officer to commence preliminary site investigations and site survey of Apex Park with the intent to develop the land into residential dwellings; 5.         Request updates at key project milestones through future reports to Council.

 

ATTACHMENTS
1⇨	Attachment 1 - Proposed Land to Swap or Acquire Round One	4 Pages

 

 

 

ATTACHMENT

 

9.5.5          Delegated Planning Decisions for February 2022      

 

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Various
WARD:	Various
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170085
LEGISLATION:	Planning and Development Act 2005 Local Government Act 1995
AUTHOR:	Kaylee Blee
DATE OF REPORT:	11 March 2022
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 February 2022 is attached.

ATTACHMENT: 9.5.5(1)

 

PUBLIC Consultation Undertaken:

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

 

COMMENT (Includes Options):

During February 2022, three (3) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for February 2022 compared to February 2021:

 

Table 1:       Planning Decisions Made February 2021 and 2022

	February 2021	February 2022
Delegated Decisions	9 ($1,038,974)	3 ($31,000)
Council Decisions	2 ($500)	2 ($3,050,457)
Total	11 ($1,039,474)	5 ($3,081,457)

 

Table 2 compares the Year-To-Date statistics for delegated authority and Council decisions for 2021-22 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	108 ($9,318,071)	62 ($7,482,201)
Council Decisions	34 ($11,929,000)	35 ($9,729,738)
Total	142 ($21,247,071)	97 ($17,211,939)

 

STATUTORY ENVIRONMENT:

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

 

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

 

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

 

Policy / Strategic Implications:

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

 

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

 

Organisational risk management:

Nil.

 

Financial Implications:

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

 

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

 

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council receives the report on Delegated Development Approvals for February 2022 as per Attachment: 9.5.5(1).

 

ATTACHMENTS
1⇨	Delegated Decisions February 2022	1 Page

 

 

 

ATTACHMENT

APPENDIX

 

9.5.6          Request for Reconsideration - Proposed Industry-Rural and Staff Amenities at Lot 6 South Western Highway, Middlesex      

 

PROPONENT	Mr L R Brooks
OWNER	Mr L R Brooks
LOCATION / ADDRESS:	Lot 6 South Western Highway, Middlesex
WARD:	Central
ZONE:	Priority Agriculture
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA21/136 P52204
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	14 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

Correspondence has been received requesting Council to reconsider its decision to refuse an application for Industry-Rural and Staff Amenities on Lot 6 South Western Highway, Middlesex made on 20 January 2022.  A copy of the correspondence received is shown attached, whilst an excerpt from the minutes of Council’s Ordinary Meeting is appended.

ATTACHMENT: 9.5.6(1)

APPENDIX: 9.5.6(A)

 

Lot 6 is 4 hectares in area and currently contains a 450m² Outbuilding that was constructed in 2018, and a pump shed, which was constructed in 2021. Approximately 2.3 hectares to the rear of the property is being used for an orchard. A location plan is shown below.

Location Plan

Council is now requested to reconsider the 20 January 2022 decision having regard to the applicants stated grounds for reconsideration as shown at Attachment: 9.5.6(1) and discussed in the Comment section below.

 

PUBLIC Consultation Undertaken:

Prior to being considered by Council at its January 2022 meeting, the application was advertised in accordance with Clause 9.6 of the Scheme for a 21 day with a notice being placed on the Shire’s website, in the local paper, a sign on-site and correspondence to adjoining landowners, Ward Councillors and relevant government agencies.

 

At the close of submission period there were four submissions received from neighbouring landowners who objected to the proposal and raised concerns about potential noise, groundwater contamination, traffic impacts and the appropriateness of the use in the zone.  Three of the objectors also attended the Council meeting asking questions of Council during Public Question Time.

 

Main Roads WA did not object to the proposal, however requested a condition relating to the upgrading of the crossover, including a bitumen seal.

 

Copies of the submissions as attached to the January 2022 Officers report are appended. 

APPENDIX: 9.5.6(B)

 

Both the applicant and objectors have been notified of this agenda item.

 

COMMENT (Includes Options):

The provisions of the Scheme includes the subject land within the Priority Agriculture Zone, where a Rural Industry is an “A” use.  That is a use, which is not permitted unless the local government has exercised its discretion by granting approval following advertisement of the proposal.

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;

(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;

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

(xxvi)     any relevant submissions received on the application.

 

To guide Council in determining this application, the following comments and advice are offered:

 

 

Zone Purpose and Objectives

The purpose of the Priority Agriculture zone is to provide for the sustainable use of high quality agricultural land, particularly where water resources exist, preserving agricultural production and allowing for new agricultural production by securing suitable land and water resources and to provide for intensive agricultural and horticultural production including market gardens, orchards and vineyard enterprises.

 

Objectives for the Zone include, but are not limited to:

 

(ii)       Require planning to avoid the introduction of land uses and subdivision not related to agriculture including rural residential proposals;

(vi)      Encourage value-adding opportunities to agricultural products at source;

(vii)     Support a wide variety of productive agricultural and rural activities.

 

Provided that the machinery storage and servicing relates to machinery solely used for rural purposes, the proposal is generally consistent with the purpose and objectives of the zone.

 

Land Use Classification

The Scheme defines Industry-Rural as follow:

 

industry – rural means:

(a)   an industry handling, treating, processing or packing rural products; or

(b)   a workshop servicing plant or equipment used for rural purposes.

 

As the applicant has stated that the equipment used is for services in the local agricultural industry, the proposed use is considered to be consistent with the above definition.  That said, in the event conditional approval is granted, it is strongly recommended a condition be imposed to ensure that the activities for which the machinery is used is restricted to rural activities only, reinforcing requirements of the Scheme.

 

Imposition of such a condition would be consistent with Council’s decision on a similar proposal at Piano Gully Road (December 2019).

 

Parking Requirements

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

 

The workshop facility of 450m² in floor space generates a parking space demand of 4.5 (5) spaces. The applicant has stated that there will be a maximum of 10 employees, therefore although it is recommended that 5 parking spaces are provided as a minimum, the applicant should be encouraged to provide additional spaces to cater for the expansion of the workforce.

 

Council may recall that during its consideration of an Industry-Rural at Lot 601 Seven Day Road, Jardee for Fontanini Fruit and Nuts Packing facility, it resolved (Resolution 28422) to impose a condition associated with the construction, drainage and line-marking of a parking area in accordance with clause 5.17 of the Scheme.

 

Main Roads WA has recommended that the sealed crossover be extended a minimum 20 metres into the property, and it is recommended by Shire Officers that this be further extended to the allocated parking areas, reducing the potential for dust to be created from vehicle movements within the property.

 

Submissions received

As mentioned above there were four objections to the proposal all raising similar concerns relating to the issues as outlined below.

 

Noise

Questions have been raised over whether there will be any imposed restrictions on the amount of noise being generated at the property and the objectors submissions state that the use would be more suited to the Industrial area.

 

Notwithstanding that the Industry Zone is the appropriate location for the majority of Industry style activities, the provisions of the Scheme allow a number of activities to be considered within the Priority Agricultural Zone that could be interpretated as industrial by nature.  These uses include:

 

·    An abattoir;

·    Industry - Cottage;

·    Industry – Noxious;

·    Industry – Rural; and

·    Trade Display.

 

The above said, when considering an application for such uses, due regard must be had for the management of visual and noise impacts to ensure that land use conflict does not result. 

 

The Environmental Protection Authority (EPA), through the document  Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses, provides advice on the use of generic separation distances (buffers) to avoid conflicts between incompatible land uses.  Further information on these guidelines is provided below under the heading Potential for Land Use Conflict.

 

Stormwater

Two of the submissions received express concern regarding excess stormwater runoff, with one of the submissions stating that “Due to the clearing of the blue gums, excess water already comes down...”.  Examination of aerial photography held by the Shire demonstrates that blue gums, previously located on Lot 6, where harvested some time prior to January 2012.  Blue gums previously established on 28225 South West Highway were subsequently cleared in 2017/18.     

 

It is well demonstrated that the establishment of blue gum plantations impact on natural hydrological processes including reduced watershed/stormwater runoff.  Following the removal of mature trees, watershed returns to pre-plantation conditions.  Concerns regarding increased watershed following the removal of a plantation are not relevant to the current proposal and therefore cannot be supported.

 

The above said, it would be appropriate for a standard condition to be imposed on any approval requiring that stormwater run-off from the existing outbuilding and any hard stand area is retained on-site.  Further that any wastewater associated with truffle processing is disposed of via an appropriate on-site waste water disposal system.

 

Groundwater contamination

A number of submitters are concerned by the potential for pollutants to enter the ground water or runoff and enter neighbouring dams. To ensure that the servicing of heavy machinery and any stormwater runoff does not have an impact on the environment, a standard condition requiring wash down areas to be directed to a suitable waste treatment facility is included in the recommendation.

 

Traffic and Truck movements entering the Highway

A number of submitters raised concerns regarding the increase in vehicle movements such as trucks entering and exiting the highway. The proposal has been assessed by Main Roads WA and it has requested that the driveway/crossover be upgraded to its satisfaction including bitumen sealing. The design of the upgrade will required to meet Main Roads safety standards.

 

Packing and Processing of Produce

Two submitters questioned the nature of the produce that is being packed and processed and if the business is proposed to increase over time.  As detailed within Attachment: 9.5.6(1) the applicant has advised via email that they are seeking to “set up a truffle cleaning business and maybe packing side to the business..”.

 

The details of the produce were not contained in the advertising material for the application as the type of produce is not uniquely assessed. In terms of any future expansion of the business, this would require further application, assessment, advertising and determination at the time.

 

Potential for Land Use Conflict

As an industrial style use, Industry-Rural has the potential to impact on the adjacent land through noise, dust and odour.  The EPA Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses, does not specifically identify generic buffer distances for Industry-Rural given the range of activities that this could encompass. The Guidelines do however recommend a minimum buffer distance of 200 metres between a transport depot (buses, trucks and other heavy vehicles depot) and a sensitive premises such as a dwelling. 

 

As shown at Attachment: 9.5.6(3), there are four homes in relative close proximity to the proposed land use.  The new home on 28225 South West Highway being approximately 85 metres and the dwelling at 75 Bellavista Road being within 200 metres of the commercial vehicle parking within the front setback. 

 

Given the proximity of dwellings to the existing shed on Lot 6, appropriate conditions must be imposed to minimise the impact of activities undertaken on Lot 6 on the use and enjoyment of the nearby homes.  To this end, the Shire’s Principal Environmental Health Officer recommends that:

 

·    The hours of operation be restricted to 7:00am to 5:30pm Monday to Saturday; and

·    The applicant be advised that the development must be operated so as to not cause unduly impact on the amenity of surrounding properties.

 

Irrespective of any conditions imposed through the planning approval process, activities undertaken on Lot 6 are required to adhere to the Environmental Protection (Noise) Regulations 1997.  It is recommended that the applicant be made aware of this through an appropriate advice note.

 

The applicant has also, as stated in Attachment: 9.5.6(1), confirmed that they have appointed an acoustic consultant to prepare a detailed noise impact assessment in order to inform best management practices to reduce any potential impact on adjacent/nearby dwellings.

 

Other Requirements

The processing (cleaning) of truffles is classified as a food business under the Food Act 2008 and waste water associated with the activity must be disposed of on-site via an appropriate waste water system.  As a result, the Shire’s Principal Environmental Health Officer advises that:

 

a)   Prior to commencement of the food business further approval is required under the Food Act 2008; and

b)   Appropriate waste water systems are required to be designed and approved to deal with all wastewater generated by the activity.

 

Appropriate advice notes have been included within the Officers recommendation  to reflect the above advice.

 

Grounds for Reconsideration

The applicant’s correspondence contains a total of five (5) grounds for Council to reconsider the application, which are detailed and responded to below:

 

i)    As applicant they were not given sufficient notice in writing regarding the meeting. 

 

Whilst Shire Officers understood that the applicant was aware of the meeting, it is acknowledged that written advice of the meeting was not supplied to either the applicant or those persons lodging submissions due to administrative error.

 

ii)   Incorrect information in the agenda (eg number of buildings within 200m of the proposed workshop).

 

Shire Officers dispute the above point in that the number of buildings within 200m were identified on the basis that they were within 200m of the area being used to park commercial vehicles in association with the use and not the just the building.  Information contained within the agenda item on this aspect was correct.

 

iii)   A precedent having been set with the approval of other businesses to operate as a depot and workshop for heavy machinery (eg Dronow Contracting and others), running much larger businesses with residential much closer in proximity.

 

Whilst Council has previously granted approval to a number of Industry-Rural uses on land zoned Priority Agriculture, it is recommended each case be assessed on its own merits.

 

iv)   Intent to supply acoustic report for Lot 6 South Western Highway.

 

The applicant has appointed a suitably qualified acoustic consultant to complete an assessment of the proposed land use, which will inform how the activity can be conducted without detrimentally impacting on the amenity of the adjacent land or nearby dwellings.

 

Conclusion

Provided that the equipment being stored and serviced on the property is used for Rural purposes, the proposed use would be consistent with the land use classification of Industry-Rural. 

 

In accordance with the original Officers recommendation as contained in the agenda for the Ordinary Meeting held on 20 January 2022, it is recommended that conditional approval be granted subject to:

 

a)   A condition restricting the storage and servicing of vehicles to those used for rural purposes only;

b)   The hours of operation being restricted to limit the potential for impact on adjacent properties; and

c)   Other conditions of approval to limit impact on the environment.

 

STATUTORY ENVIRONMENT:

Food Act 2008, Environmental Protection Act 1986, Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No. 4.

 

 

Policy / Strategic Implications:

The proposed Industry – Rural and staff facilities will assist the Shire in achieving Strategy B4 and B12 of the Strategic Community Plan 2021-2031 being:

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

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

 

Organisational risk management:

Nil.

 

Financial Implications:

The required application fee has been paid by the applicant.

 

Sustainability:

Environmental: Conditions as recommended will ensure impacts on the environment and the amenity of the adjacent/adjoining land owners are minimised.

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

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

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council, notwithstanding resolution 28699, in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4, grants planning approval for the proposed change of land use to Industry – Rural within the existing Outbuilding and for the construction of staff amenities at Lot 6 South Western Highway, Middlesex (Application TP128/2021) in accordance with the plans and specifications attached at Attachment 9.5.6(1) and subject to the following conditions: a)   The development permitted shall be carried out generally in accordance with the plans and specifications listed below: Reference Document Title Date Received 1. Site plan 13 October 2021 2. Amenities 13 October 2021 3. Information 1 November 2021   b)  The hours of operation of the proposed use and all associated activities shall be limited to the periods between 7.00am and 5.30pm Monday to Saturday only, and shall not include Sundays or Public Holidays. c)   The use hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants to the satisfaction of the Shire of Manjimup. d)  The machinery to be stored on the land is to be used for rural purposes only and shall not be used for general earthworks or construction purposes on non-rural zoned land; e)   The applicant shall within 120 days, upgrade the existing driveway/crossover South Western Highway to a sealed standard extending a minimum of 20 metres into the property to avoid any spill of gravel onto the highway.  Prior to commencement of the works, approval to the design and works is to be obtained from Main Roads WA; f)    The applicant shall within 120 days identify and construct an area for the parking of vehicles (a minimum of 5 spaces), together with the associated access lanes, which shall: i.    be constructed, sealed, 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 iv.  be properly formed to such levels that it can be used. g)  A minimum of 1 accessibility car bay shall be maintained on site at all times in accordance with the Australian Standard 2890.1-2009, and connected to a continuous path to the main entrance of the building or facility. The design and signage of the bay(s) and the path(s) are to be in accordance with the Australian Standard 1428.1-2009. h)  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; i)    All waste materials and by-products of vehicle wash-down areas on the subject property must be contained on site and directed to a suitable waste treatment facility (eg. triple-interceptor) to the satisfaction of the Shire of Manjimup; j)    An appropriate hydrocarbon spill prevention and clean-up facility shall be provided and maintained on the subject property for the life of the development; k)   Any external lighting installed on the subject property must be installed as to not have a detrimental impact upon traffic in the vicinity or upon the general amenity of neighbouring properties to the satisfaction of the Shire of Manjimup; and l)    Any business signage that exceeds the exempt standards provided for in Local Planning Scheme No. 4 will require separate approvals from the Shire of Manjimup.   Advice to Applicant i.     This Development approval is NOT a building permit. A certified building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works; ii.    With regards to Condition e), the designs for the driveway/crossover upgrade will need to be approved by Main Roads and the proponent will need to submit an application to Main Roads for minor works in the road reserve for approval prior to any works being undertaken; iii.   The applicant is advised that the processing (cleaning of truffles) and packing of truffles is classified a Food Business under the Food Act 2008.  Further approval is required from the Shire’s Environmental Health Services section prior to the commencement of Food Business operations.  Additional information can be obtained from the Shire of Manjimup’s Environmental Health team on (08) 9771 7777; iv.   The Shire of Manjimup advises that the development and associated activities the subject of this planning approval, must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions.  Further information can be obtained from the Shire of Manjimup’s Environmental Health team on 9771 7777; v.    An application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Manjimup’s Environmental Health Team, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974; and vi.   The development the subject of this planning approval, must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911 and the Shire of Manjimup’s Health Local Laws 2020.

 

ATTACHMENTS
1⇨	Attachment No 1 - Request for Reconsideration	2 Pages

 

APPENDICES
a⇨	Appendix A - Except of Council Minutes 20 January 2022	13 Pages
b⇨	Appendix B - Copies of Submissions received	10 Pages

 

 

 

ATTACHMENT

APPENDIX

 

9.5.7          Proposed Modified Plans - Manjimup Trailbike Hub - Lot 825 Mottram Street, Manjimup      

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 825 Mottram Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA21/148
LEGISLATION:	Planning and Development Act 2006
AUTHOR:	Brian Robinson
DATE OF REPORT:	14 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

The proposed Manjimup Trailbike Hub project is to be located at Lot 825 Mottram Street, Manjimup.  The site, which has an area of 801m² is located on the western side of Mottram Street abutting Manjin Park.

 

LOCATION PLAN

 

At its Ordinary Meeting held on 20 January 2022, Council granted conditional approval for the development of a 120m² building intended to, amongst other things, provide riders with storage lockers, equipment hire, change rooms, basic workshop and a an 18m² wash down bay.  An excerpt from the relevant minutes, including a copy of the now approved plans is appended.

APPENDIX: 9.5.7(A)

 

Subsequently, a meeting and site meeting were held with the Manjimup Trail Bike Hub Association.  As a result of feedback received during that meeting, approval is now sought to amended plans. Copies the revised site plan and supporting correspondence are attached.

ATTACHMENT: 9.5.7(1)

 

By way of summary, the application seeks approval to re-orientate the building, with the back of the building to now abut the rear boundary. The purpose of the re-orientation is to provide the wash down bay and work shop openings on the eastern side of the building with a greater level of protection from the impact of weather.  The feedback received following liaison with the committee also indicated the revised design would:

 

a)   Ensure greater potential exposure to the highway with opportunities for place making in the Mottram Street setback;

b)   An opportunity for associated infrastructure such as a gazebo for riders use within the front setback;

c)   Improve access from and connectivity with Manjin Park; and

d)   Reduced site works, with trees to be retained.

 

Council is now requested to consider the revised plans.

 

PUBLIC Consultation Undertaken:

The previous application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) for a 42 day period to Main Roads WA. As detailed within Appendix: 9.5.7(A), comments were received that related to the proposed two way access and crossover widening to Mottram Street.

 

No public consultation has been undertaken in respect of the revised plans.

 

COMMENT (Includes Options):

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

Land Use Classification

The proposed development aligns with the definition of Community Purpose, being the use of a premises designed or adapted primarily for the provision of educational, social, or recreational facilities or services by organisations involved in activities for community benefit.

 

Land Use Permissibility

A Community Purpose is a ‘D’ use within the Town Centre zone, “that is a use that is not permitted unless the local government has exercised its discretion by granting approval.”

 

Setbacks

The revised plans propose that the building will be setback 1 metre from the rear boundary, 1 metre from the southern boundary and a minimum of 5 metres from the northern side boundary.  A proposed front setback in excess of 26 metres is proposed.

 

The provisions of the Scheme do not prescribe setbacks within the Town Centre Zone other than stating “a zero setback from the front boundary where landscaped and paved pedestrian access are to be provided adjacent to the front boundary and the local government is satisfied that adequate arrangements have been made in regard to access, car parking, circulation of traffic, safety, servicing and loading/unloading.”

 

The revised plans therefore comply with the Scheme requirements relating to setbacks.   

 

Parking

The land use Community Purpose is not included within Table 2 of the Scheme and therefore the requirements are as determined by the local government after consideration of the parking need generated by the use. A ‘Civic Use’ generates a parking demand of 1 per 30sqm Gross Floor Area. If a similar calculation was used the demand for parking would be 4 bays.

A revised plans shown Attachment: 9.5.7(1) detail that 4 parking bays will be provided on-site plus a loading bay.  An extensive gravel surface is proposed adjacent to the parking area to provide parking for trailbikes visiting the facility.

 

Access

The revised plans show a two-way access onto Mottram Street. This design would result in a landscaping strip to the southern boundary and potentially would require minor modifications of the existing crossover and kerbing to Mottram Street.

 

Previously comments received from Main Roads, advised that the current vehicle crossover was designed for shared access with the adjoining property and by maintaining this design the drainage in Mottram Street will not be impacted.  Whilst Main Roads comments are noted, there are no reciprocal rights of access in place.  As a result, there is no right for the development of the subject land to rely on the use of portion of the abutting property for vehicle access. 

 

The establishment of a two-way crossover to Mottram Street is therefore supported, but should be designed and constructed so as to not impact on the existing drainage.

 

Landscaping

In accordance with the Scheme, a minimum of five percent of the site shall be set aside for landscaping. Further guidance is provided within the Local Planning Policy 6.1.18 Landscaping (the Policy) which states that with commercial development in locations not on the main streets, a three metre wide landscaping strip will be required and a minimum of one shade tree per four car bays.

 

Should Council grant approval it is recommended that standard conditions be imposed requiring the preparation and implementation of a landscaping plan and ongoing maintenance of the landscaping.

 

Bushfire prone area

The subject property is located in an area designated as Bushfire Prone as identified by the Department of Fire and Emergency Services.  In accordance with the Western Australian Planning Commission’s State Planning Policy No 3.7, demonstration that the resultant development will have a Bushfire Attack Level of BAL 29 or less.

 

A Bushfire Attack Level assessment has been completed which demonstrates that the development will comply with this requirement. 

 

Conclusion

The proposed development, as previously approved by Council is consistent with the zoning of the property and will facilitate the establishment of Manjimup as a trail bike hub. 

 

The revised plans provide an opportunity to improve the weather protection for both the wash down bay and workshop doors.  In addition the revised design will provide an increased opportunity for the “Trailbike Hub” to establish a street presence through place making associated with the front landscaping. 

 

Given the above and the fact the revised design complies with the development standards as set out in the Scheme, it is recommended that approval be granted to the revised plans. 

 

STATUTORY ENVIRONMENT:

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

 

Policy / Strategic Implications:

The proposal meets Strategy B15 of The Shire of Manjimup Strategic Community Plan 2021-31 by further developing the ‘Trails Hub’ tourism destination concept and facilitate the implementation of a range of trail options connecting to and linking key destinations.

 

Organisational risk management:

Nil.

 

Financial Implications:

The required application fee has been waited by the Chief Executive Officer due to the nature of the application.

 

Sustainability:

Environmental: Nil.

Economic: The proposed Trail Bike Hub will assist in providing trail bike tourism support to the region.

Social: Nil.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council: 1.         In accordance with Part 10 of the Shire of Manjimup’s Local Planning Scheme No 4 grant development approval for the revised plans relating to the proposed Community Purpose development being Manjimup Trail Bike Hub at Lot 825 Mottram Street, Manjimup; and 2.         In accordance with Clause 10.9 resolves to amend the wording of Condition 1) of Development Approval TP139/2021 at Lot 825 Mottram Street, Manjimup to read as follows: a)   The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup. Reference Document Title Date Received Page 1 of 4 Artistic Impressions 9 March 2022 Page 2 of 4 Site Plan 9 March 2022 Page 3 of 4 Concept Floor Plan 9 March 2022 Page 4 of 4 Elevations 9 March 2022

 

ATTACHMENTS
1⇨	Attachment No 1 - Copies of Revised Plans and Supporting Letter	5 Pages

 

APPENDICES
a⇨	Appendix A - Excerpt of Minutes and Approved Plans	12 Pages

 

 

       

ATTACHMENT

 

9.12.1        Proposed Options for Managing Camper and Highway Traveller Waste During Peak Periods      

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180162
LEGISLATION:	Litter Act 1979 Litter Regulations 1981
AUTHOR:	Mark Sewell
DATE OF REPORT:	4 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

Since at least the 2014/15 financial year, the Shire of Manjimup has been providing three cubic metre (3m³) skip bins and a ‘rubbish trailer’ at strategic points across the Shire during school holidays and other peak periods. Prior to 2014/15 Main Roads Western Australia (MRWA) had removed its highway road side bins along with Department of Biodiversity, Conservation and Attractions (DBCA also removed bins from its camping grounds. These actions created a significant litter issue in the Shire.

 

The purpose of the Shire’s ‘holiday skip bins’ and rubbish trailer is to provide a waste collection and removal service for campers and highway travellers visiting the Shire of Manjimup during holiday and other peak periods.

 

In the 2021/22 financial year the skip bins were located at the intersection of the South West Highway and Vasse Highway, in the car park on Vasse Highway opposite the Pemberton Hotel and in the car park outside the public toilets at the front of the Northcliffe General Store. The rubbish trailer was positioned at Walpole in the long vehicle parking area to the east end of Pioneer Park between mid-December and Easter each year.

 

In the past, a holiday skip bin was also provided in the Manjimup townsite at the pull-in bay adjacent to the Northern Arch. However, this 3m³ skip bin is no longer provided having been replaced by one standard 240 litre wheelie bin fixed to a stand in the pull-in bay which serviced three times each week throughout the year. The southern information bay at Manjimup also has a standard 240 litre wheelie bin fixed to a stand.

 

Since the 2014/15 financial year the volume of waste being disposed of at the holiday skips has increased significantly. This has led to users first piling waste material higher onto and above the tops of the skip bins and then to ‘dumping’ waste material on the ground around the already-full skip bins. Despite increasing the servicing (emptying) frequency when it has been possible to engage the contractors and additionally, engaging a (different) local contractor to manually remove dumped rubbish from around some skip bins daily, this practice has continued to result in negative visual impact at each location.

 

At the same time the range of waste materials being disposed into the skip bins and trailer has broadened from small bags of what could reasonably be described as ‘general waste’ to including a range of bulk items and unacceptable (hazardous) materials. These items include vehicle batteries, 20 litre drums of used motor oil, half full tins of paint, broken household fittings, small sofas, home renovation waste, discarded mechanical parts including car seats, e-waste (electronic waste), fishing bait and home-butchered meat off-cuts. These unacceptable and bulk items have caused significant issues to the collection process, such  as damage to the vehicles emptying the bins which are then put of action for a period of time.

 

Significant amounts of useful recyclable materials (beverage cans, bottles and cardboard cartons) are also disposed but immediately become too contaminated to retrieve. It is broadly considered unacceptable to dispose of these materials to landfill, but mixed wastes in skip bins present no other viable option.

 

The purpose of this report is to present an option for Council to consider in determining how best to provide appropriate and effective waste services for campers and highway travellers in the future.

 

PUBLIC Consultation Undertaken:

No direct public consultation has been carried out within the Shire of Manjimup. However, telephone and Antenno complaints from both residents and visitors about overfull skip bins and their negative visual impact have been received particularly during the Christmas and Easter holiday periods. Local social media platforms have carried photographs and individual comments from time to time.

 

An email ‘straw poll’ of waste officers at other South West and Great Southern local government areas was carried out in 2019 in order to learn about other LGA’s approaches to camper and traveller waste. Responses from this informal survey were gathered together and the resulting Table is attached.

ATTACHMENT: 9.12.1(1)

 

COMMENT (Includes Options):

At present, the direct cost of maintaining the current level of service is approximately $21,900 per year, of which $4,000 is funded by DBCA under the MOU.

 

The total volume of material disposed to the skip bins during holidays and peak periods (12 weeks per year) is conservatively estimated at 200 to 300 cubic metres. General waste presented to a Waste Transfer Station in the Shire of Manjimup presently attracts a tipping fee of $25.91 per cubic metre excluding GST. No tipping fees are collected against any of the material disposed of in the holiday and peak period skip bins. Therefore, the costs for the management and removal of this waste is paid by Waste rates. The people who are generating this waste are not paying for the disposal of the waste.

 

This report provides three options for the current holiday skip bin service for Council to consider: (A) increase the existing skip bin service, (B) cease the existing skip bin service and implement an alternative service or (C) no change to the current service.

 

If the existing holiday skip bin service is to be increased (option A), then there are three further options: increase the frequency at which skip bins are emptied (option A1); increase the capacity of the skip bins by using more of them (A2); or both (A3). Each of the A options would be delivered through a commercial waste collection contractor equipped to supply and service front load skip bins.

 

If Council wishes to cease the existing holiday skip bin service and implement an alternative service (option B), then, again, there are three further options: increase local street bin services by increasing the number of bins and by having them emptied more frequently (B1); increase local waste transfer station operating hours during holiday and peak periods (B2); or both (B3). Each of the B options would be delivered through Independent Contractor Agreements with local contractors.

 

Implementing option B2 (increase local Waste Transfer Station hours during holiday and peak periods) would also provide opportunity to collect tipping fees for that proportion of the camping and highway traveller waste which is disposed of at the transfer stations. The additional opening hours and transfer of waste will incur extra costs that will be offset by the tipping fees revenue. However, implementing option B2 could also require some initial expenditure on improved public signage to better direct users to the waste transfer stations.

 

A combination of options A and B is unlikely to result in any positive effect. This is because given a choice most users would be more likely to utilise the skip bins under option A than to use the street bins and increased transfer station operating hours of option B.

 

If Council determines that no change to the current level of service is required, then option C, no change, exists.

 

The table below shows the total annual direct costs (excluding GST) for the various options.

 

 

 

 

 

 

 

Table: Options for managing camper and highway traveller waste
Option A			Option B			Option C
Increase existing holiday skip bin services			Cease holiday skip bins and implement alternative services			No change (maintain existing services)
A1	more skip bins	$31,300	B1	increase local street bin service	$14,300	C1	maintain present skip bin service	$21,900
A2	more frequent emptying of skip bins	$35,900	B2	increase local Waste Transfer Station operating hours	$11,500
A3	both, which has a saving associated with the  handling costs	$64,995	B3	both	$25,800

 

It is expected that there will continue to be complaints and community dissatisfaction expressed whichever option is chosen, either from people who do not like seeing over-full skip bins or from people who want the convenience of skip bins and don’t want to pay tipping fees for their waste material at transfer stations.

 

Council is requested to support option B3 which is to increase local street bin services by increasing the number of bins and by having them emptied more frequently as well as increasing local waste transfer station operating hours during holiday and peak periods. This removes the unsightly issue of rubbish pile up around bins and then provides the Shire with appropriate income for managing this waste. By increasing the local street bin service dumping of unacceptable, hazardous and bulk waste is discouraged or prevented and the tourist and holidaymaker market is targeted.

 

Pending Council’s decision to support Option B3, Officers recommend that Council approve a 12 month trial period of increased street bin services and increased Waste Transfer Station opening hours.

 

STATUTORY ENVIRONMENT:

The Litter Regulations 1981 (the Regulation recommend that litter receptacles have “a capacity of not less than 60 and not more than 200 litres”. The skip bins presently provided by the Shire of Manjimup for campers and highway travellers’ waste are 3,000 litres each.

 

The Regulations state that “a person shall not deposit any domestic or commercial waste in a public litter receptacle.” The Regulations define domestic waste as “waste material of any kind generated by private dwellings, and includes garbage, lawn clippings and old furnishings.”

 

Policy / Strategic Implications:

Providing best practice waste collection services supports the Shire of Manjimup Strategic Community Plan 2021 – 2031.

·    Theme 1 Our Natural Environment, Community Goal 1.5: “Waste management strategies are expanded and a greater range of options provided to ensure we minimise the negative impacts on our environment”;

·    Strategy A15 (“Continue to diversify waste management options and encourage waste avoidance, reduction, reuse and recycling”); and

·    Strategy A16 (“Provide and maintain public rubbish bins to minimise overflow and littering”), and the Community Indicator “Number of waste management streams available to the community.”

 

Organisational risk management:

Risks to the Shire of Manjimup include:

·   a risk to revenue if a waste collection and disposal service is provided with no mechanism to collect applicable fees;

·   a risk to reputation through negative impact on residents and visitors caused by visible waste.;

·   a risk to compliance if Department of Water and Environmental Regulation considers skip bins (of 3 cubic metre capacity) are acting as an unregistered waste facility; and/or

·   a risk to the budget of funds required for other waste management tasks if the costs of collecting and managing camper and highway traveller waste blows out.

 

Financial Implications:

The Shire of Manjimup’s provision of holiday skip bins is supported in part by the DBCA under a 2017/18 Memorandum of Understanding (MOU) with the Shire of Manjimup, who have committed a fixed $4,000 per year until the end of the 2026/27 financial year. However, as the volume of waste disposed at the holiday skip bins has increased, so has the annual total cost of the service.

 

MRWA through their agent Fulton Hogan do not at present provide any funding support for the provision of holiday skip bins. However, in recent communications with the Shire of Manjimup they have indicated that they are very open to discussion in any process which leads to a satisfactory method of providing a waste service for highway travellers.

 

The estimated direct cost of each option appears in the Table “Options for managing camper and highway traveller waste” in the Comments section. Options B2 and B3 utilise the Shire’s manned waste transfer station facilities and therefore provide opportunity to collect tipping fees to offset the associated direct and ongoing costs. If Council approves the trail period of increased street bins services and Waste Transfer Station opening hours, the cost will be absorbed in the current budget.

 

Sustainability:

Environmental: The provision of an effective waste service for campers and highway travellers may aid in reducing the likelihood of such visitors disposing of their waste material illegally by dumping it in natural places or other public spaces.

Economic: The costs incurred in collecting and managing waste can only be offset if that same waste generates some revenue at the point of disposal.

Social: Campers and highway travellers are likely to enjoy their time in the Shire of Manjimup more if they usually have convenient access to facilities. However, it is very likely that most campers, highway travellers and people who live in the Shire of Manjimup alike will be negatively impacted by the sight of large volumes of piled waste at prominent locations. Whether the former enjoyment outweighs the latter negative impacts is difficult to predict.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council: 1.   Approve the discontinuation of the current holiday skip bins service; 2.   Approve a 12 month trial period to 30 June 2023 that increases local street bin services by increasing the number of bins and by having them emptied more frequently as well as increasing local Waste Transfer Station operating hours during holiday and peak periods; and 3.   Seek additional funds for the management of holiday and tourist roadside waste from Department of Biodiversity, Conservation and attractions and Main Roads Western Australia.

 

ATTACHMENTS
1⇨	Straw poll results: various South West and Great Southern local governments' responses to traveller waste bins	2 Pages

 

 

 

ATTACHMENT

APPENDIX

 

9.12.2        Proposed New Waste Local Law 2022      

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170066
LEGISLATION:	Local Government Act 1995 Waste Avoidance and Resource Recovery Act 2007
AUTHOR:	Mark Sewell
DATE OF REPORT:	3 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

The current Shire of Manjimup Landfill and Waste Transfer Station Facilities Local Law 2006 (the Local Law) was gazetted on 2 October 2007. The purpose of the Local Law is to guide the ways in which a person shall act within any Shire of Manjimup waste facility and to guide Council in setting or amending the hours of operation and applying the fees and charges of its waste facilities.

 

A copy of the current Shire of Manjimup Landfill and Waste Transfer Station Facilities Local Law 2006 Local Law is appended.

APPENDIX: 9.12.2(A)

 

During the fifteen years since the current Local Law was gazetted, the scope of Council’s waste services has broadened considerably to include regular domestic waste and recycling collections and an annual verge hard waste collection for a majority of the Shire population.

 

Further, the advent of the Western Australia Container Deposit Scheme (2020) has resulted in an increased potential for street and public waste bins to be interfered with by unauthorised persons seeking to gain access to unredeemed eligible containers disposed of to such bins.

 

Finally, the current Local Law, having been gazetted prior to December 2007, does not draw its powers from the Waste Avoidance and Resource Recovery Act 2007. Given these matters, a review of the Local Law is recommended in order to ensure industry best standard for the Shire of Manjimup Waste Local Law. Council is requested to consider adopting, for the purposes of advertising, an updated and comprehensive new Local Law to replace the existing Local Law.  

 

A copy of the Draft Shire of Manjimup Waste Local Law 2022 is attached.

ATTACHMENT: 9.12.2(1)

 

PUBLIC Consultation Undertaken:

Nil to date. However a public consultation period is required should Council resolve to propose a new local law (refer Comments, point 2 below).

 

COMMENT (Includes Options):

The provisions of the Local Government Act 1995 enable Western Australian Local Governments to make local laws considered necessary for the good governance of their district. The procedure for making a local law, which is prescribed by section 3.12 of the Act, is summarised as follows:

 

1.    Notice of purpose and effect of the Local Law is to be given by the person presiding at a Council meeting;

2.    Advertisement is required to invite public comment over a minimum six week period, with both state-wide and local public notice required, and with copies provided to the Minister(s) immediately after this notice is first given;

3.    Following the close of advertising, a Local Law may be adopted (by an absolute majority of Council) once all submissions are considered;

4.    Arrangements must then be made to publish a copy of the Local Law in the Government Gazette and provide the Minister(s) with a copy of that notice; and

5.    After the Local Law is published in the Government Gazette, local public notice must be made, summarising the purpose of the Local Law, specifying the day it will come into operation and advising that copies may be obtained from the local government.

 

In accordance with section 3.14 of the Act, unless otherwise provided for, Local Laws come into effect 14 days after Gazettal notice.

 

In addition to referencing the latest standards and legislation, the key recommended changes from the existing Shire of Manjimup Landfill and Waste Transfer Stations Facilities Local Law 2006 are summarised as being comprised of the following new inclusions:

·      the requirements of a person in relation to waste, recycling or organic kerbside bin services provided for them by Council;

·      the definition of those wastes which are non-collectable in the kerbside bin service provided by Council;

·      the duties of a residential premises occupant in relation to the management of the kerbside waste receptacles provided to the property in which they reside;

·      the terms and conditions of the annual vergeside hard waste collection service provided to properties with a regular kerbside bin service;

·      the disposing of domestic or commercial waste in or at a street or public waste receptacle; and

·      the requirement of a person not to remove any waste from a public or domestic waste receptacle without authority.

 

The proposed Waste Local Law 2022 continues to guide Council in how it may:

·     re-determine the hours of operation of a waste facility;

·     regulate the use of a waste facility through signs and directions; and

·     apply fees and charges for the disposal of waste.

 

Finally, the proposed Waste Local Law 2022 continues to require that persons, while within the premises of a waste facility shall be prohibited from particular activities unless authorised by the local government.

 

The Draft Waste Local Law 2022 follows precisely the template Waste Local Law provided by the Western Australia Local Government Association (WALGA) and is therefore identical to those already gazetted by several other local governments.    

 

STATUTORY ENVIRONMENT:

In the Waste Avoidance and Resource Recovery Act 2007, (the WARR Act) Section 61 provides Local Governments with the power to make local laws so that the Local Government can perform its functions under the WARR Act.

 

Further, as mentioned in the Comment section above, the making of a local law occurs in accordance with the Local Government Act 1995.

 

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

 

In this regard, the proposed purpose and effect of the Draft Shire of Manjimup Waste Local Law 2022 are:

Purpose: to provide for the adequate regulation of how a person shall act in relation to waste collection services, to street and public waste receptacles, and within the premises of any waste facility throughout the Shire of Manjimup.

Effect: to repeal the existing Shire of Manjimup Landfill and Waste Transfer Station Facilities Local Law 2006 and require all persons within the Shire of Manjimup to comply with the provisions of the new Waste Local Law.

 

Policy / Strategic Implications:

The adoption of a new Waste Local Law will ensure that Shire officers have adequate statutory authority to ensure the proper regulation of waste collection services, street and public waste receptacles, and waste facilities within the district.

 

Adoption of the proposed Shire of Manjimup Waste Local Law 2022 would provide guidance for future review and revision of Council Policy 9.2.2 Waste Collection.

 

Organisational risk management:

There is a reputational risk and a risk of lost time for the organisation if the proper process of local law making is not strictly adhered to.

 

Financial Implications:

Costs associated with advertising the Draft Waste Local Law 2022 will be wholly contained within the Shire’s approved budget for the financial year(s) in which the advertising occurs.

 

Sustainability:

Environmental: The regulation of waste services and facilities within the district contributes to the maintenance of community amenity.

Economic: Improved regulation will contribute to minimising the otherwise avoidable costs of negative actions by persons in relation to waste services and facilities within the district.

Social: The regulation of waste services and facilities within the district assists in minimising the likelihood of social disharmony relating to waste and contributes to the maintenance of public health.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council: 1.   Pursuant to the Local Government Act 1995 section 3.12(3) and (3a), and all other legislation enabling it, give state-wide and local public notice that it intends to make the Shire of Manjimup Waste Local Law 2022, as shown at 9.12.2(1), with the following purpose and effect:   Purpose: to provide for the adequate regulation of how a person shall act in relation to waste collection services, to street and public waste receptacles, and within the premises of any waste facility throughout the Shire of Manjimup.   Effect: to repeal the existing Shire of Manjimup Landfill and Waste Transfer Station Facilities Local Law 2006 and require all persons within the Shire of Manjimup to comply with the provisions of the new Waste Local Law.   2.   Advertise the Waste Local Law 2022 as referred to in point 1 above for a period of not less than 6 weeks in accordance with state-wide and local public notice provisions.   3.   In accordance with the Local Government Act 1995 section 3.12(3) advise the Ministers for Local Government and for Environment of the proposed local law; and   4.   Await a further report on the draft Waste Local Law following the completion of the advertising period referred to in point 2 above.

 

ATTACHMENTS
1⇨	DRAFT Shire of Manjimup Waste Local Law 2022	17 Pages

 

APPENDICES
a⇨	Landfill and Waste Transfer Local Law 2006	3 Pages

 

 

  

 

9.13.1        Proposed Budget Amendment for Mordalup Road Black Spot Funded Construction Project      

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Mordalup Road, Mordalup
WARD:	East
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	F160262
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	23 February 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

At its Ordinary Meeting of 29 July 2021, Council adopted the 2021/22 Annual Budget. Included in the budget is $115,000 for Road Construction works on Mordalup Road. The Mordalup Road Construction project is two thirds funded through the State Government’s Black Spot Funding Program, administered by Main Roads Western Australia (MRWA) Regional Road Group (RRG).

 

The sections of Mordalup Road subject to construction works were eligible for funding as they met the preapproved classification for MRWA Crash Criteria and the fact that Mordalup Road is conditioned for use by heavy haulage vehicles as part of the Restricted Access Vehicles Network. The works involve the widening of two corners to meet Austroads Standards for safe road design.

 

As the construction works commenced it became apparent the road’s existing sub-grade is of such poor quality for the road widening works that significant amounts of new material must be imported. This now results in the project being underfunded by $81,000 and Council is requested to approve a budget amendment allowing construction to proceed.

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

Officers became aware of the potential for a significant budget shortfall and the Shire began communicating the issue with MRWA RRG Officers. RRG has provided approval for a further $54,000 contribution to Mordalup Road project on the basis that the Shire can meet its one third contribution of $27,000.

 

The Shire has been carrying out road construction upgrade works to its road network for many years with funding from RRG. The funding has always been provided based on the Shire being able to confirm its contribution of funds.

 

Given RRG quick and positive response to help the Shire rectify this road safety issue, Officers have identified an overall relatively minor budget amendment from a currently unallocated Infrastructure budget, Reseal – Unsealed Roads in Townsites. In the past this budget has been used to seal or reseal roads in townsites such as Brockman Street, Pemberton or Johnston Crescent, Manjimup. For this occasion it seems appropriate given the works are to assist with extending the sealed surface on a hazardous section of road, albeit not in townsite. Officers recommend that Council approve the proposed budget amendment.

 

STATUTORY ENVIRONMENT:

Local Government Act 1995.

 

Policy / Strategic Implications:

The Shire’s Corporate Business Plan 2021-2025 supports the proposal as noted in:

·    D15.1 Work with relevant state departments to upgrade and provide safe, sustainable road infrastructure that assists the movement of industry, agricultural products and tourism; and

·    D16.1 Implement the 10-year Forward Capital Works Program 2016-2026 in relation to roads and parking planning.

 

Organisational risk management:

There is a moderate reputational risk to the organisation by not completing the Black Spot funded works at Mordalup Road in as much as:

·    The Shire’s reputation may be impacted by not delivering on its commitments to the community and its funding partners; and

·    Not completing or delaying remedial works on a section of road that is already noted as being so hazardous as to warrant Black Spot Funding from the State Government may expose the Shire to issues of liability.

 

Financial Implications:

No effect on the overall Infrastructure Works Budget 2021/22, though the proposed budget amendment will have an impact on the currently unallocated Reseal - Unsealed Roads in Townsites budget being reduced from $70,000 to $43,000.

 

Sustainability:

Environmental: Nil.

Economic: Helps provide a safer and more sustainable road that in turn assists the movement of industry, agricultural products and tourism.

Social: This type of improvement to road safety will further help to reduce serious car crash statistics in the South West.

 

 

 

 

VOTING REQUIREMENTS:                  ABSOLUTE MAJORITY

 

 

Officer Recommendation:   That Council approve the Infrastructure works budget amendment in accordance with the table below;   Description Current Budget Proposed Budget Variation Reseal – Unsealed Roads in Townsites $70,000   $43,000   ($27,000)   Black Spot Funding – Mordalup Rd $0 ($54,000) ($54,000) Roads – Mordalup Rd (SLK19 and SLK22) $115,000 $196,000 $81,000 Net Rate Funds     $0

 

 

 

 

ATTACHMENT

APPENDIX

 

9.13.2        Review of Works and Services Policy 10.1.9 School Assistance by Council's Works and Services Directorate      

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	F161013
LEGISLATION:	Local Government Act 1995
AUTHOR:	Yvonne Ganfield
DATE OF REPORT:	8 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

Council policies are reviewed regularly to ensure consistency between the policies, Council decision making and to respond to community feedback. Generally this occurs after a period of four years or where modifications are required to reflect legislative changes or industry practice.

 

Policy 10.1.9 School Assistance by Council’s Works Directorate is now due for review.  A copy of the current policy, is appended for Council’s reference.

APPENDIX: 9.13.2 (A)

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

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

 

The ongoing functionality and intent of this policy since it was last reviewed and approved by Council in March 2018 is considered adequate.  The only change made to the policy is the update of the next review date, which will be in March 2026.  A copy of the reviewed policy is attached.

ATTACHMENT: 9.13.2(1)

 

STATUTORY ENVIRONMENT:

Local Government Act 1995.

 

Policy / Strategic Implications:

The policy provides clear definition of resources the Shire can provide to each school in the district at no charge per year.

 

Organisational risk management:

Nil.

 

Financial Implications:

Minimum costs will be incurred per application of the policy, allocated to works department maintenance expenditure.

 

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The reputation of the Shire within the community should be enhanced through the application of this policy.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council adopt the reviewed Council policy 10.1.9 School Aid by Council’s Works and Services Directorate, as attached: 9.13.2(1).

 

ATTACHMENTS
1⇨	10.1.9 School Assistance by Councils Works Directorate Policy (Reviewed)	1 Page

 

APPENDICES
a⇨	10.1.9 School Aid by Councils Works and Services Directorate (Current)	1 Page

 

 

  

ATTACHMENT

 

9.15.1        Unconfirmed Minutes of the Audit Committee Meeting Held 3 March 2022      

 

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F170379
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	11 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

On the 3 March 2022 Council’s Audit Committee met with the purpose of:

1)   Receiving the unconfirmed minutes of the Audit Committee held 16 December 2021; and

2)   Endorse the 2021 Shire of Manjimup Compliance Audit Return.

 

The purpose of this agenda item is to receive the unconfirmed minutes of the Audit Committee meeting held on 3 March 2022.

 ATTACHMENT: 9.15.1(1)

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

The main purpose for the Audit Committee meeting held 3 March 2022 was to receive the Shire of Manjimup’s 2021 Compliance Audit Return (CAR). The CAR was presented and accepted by the Audit Committee with one item of non-compliance.

 

Details of the CAR will be presented as a separate agenda item to Council at the meeting on 24 March 2022.

 

STATUTORY ENVIRONMENT:

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

 

Policy / Strategic Implications:

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

 

Organisational risk management:

Nil.

 

Financial Implications:

Nil.

 

Sustainability:

Environmental: Nil.

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

Social: Nil.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council: 1.   Receive the unconfirmed minutes of the Audit Committee meeting held 3 March 2022 as per Attachment: 9.15.1(1); and 2.   Accept the 2021 Compliance Audit Return.

 

ATTACHMENTS
1⇨	Unconfirmed Audit Committee Minutes - 3 March 2022	19 Pages

 

 

   

ATTACHMENT

 

9.15.2        Unconfirmed Minutes of the Airfield Management Committee Meeting Held on 23 February 2022      

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Dawn Road, Manjimup
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170380
LEGISLATION:	Local Government Act 1995
AUTHOR:	Yvonne Ganfield
DATE OF REPORT:	10 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

The purpose of this report is to present to Council the unconfirmed minutes of the Airfield Management Committee meeting held 23 February 2022; a copy of the minutes is attached.

ATTACHMENT: 9.15.2(1)

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

Due to a request for installation of Terminal Aerodrome Forecast (TAF) facilities by the Department of Biosecurity, Conservation and Attractions, the committee made the following recommendation:

 

Committee Recommendation	Officer’s Comment
The Committee to formally request Council to support the Department of Biodiversity, Conservation and Attractions (DBCA) investigation on Terminal Aerodrome Forecast facilities for the aerodrome.	Investigation supported (does not include financial support) and dealt with as part of the recommendations to Council in this report.

 

In aviation, TAF is a format for reporting weather forecast information particularly as it relates to aviation. TAF’s are issues at least four (4) times a day.

 

STATUTORY ENVIRONMENT:

Local Government Act 1995.

 

Policy / Strategic Implications:

The airport services a large geographical area providing emergency access to firefighting and hospitals.

 

Organisational risk management:

There is no risk to the organisation with Council accepting the minutes and recommendations contained in this report.

 

Financial Implications:

In accordance with Council’s adopted budget.

 

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The Airport is critical infrastructure to the community.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council: 1.   Receive the unconfirmed Minutes of the Airfield Management Committee meeting held 23 February, 2022, as show in Attachment: 9.15.2(1); and 2.   Agree to support the Department of Biodiversity, Conservation and Attractions to investigate the Terminal Aerodrome Forecast facilities for the aerodrome.

 

ATTACHMENTS
1⇨	Airfield Management Committee Mintues 23 February 2022	4 Pages

 

 

  

ATTACHMENT

APPENDIX

 

9.16.1        Unconfirmed Meeting Notes of the Manjimup Heritage Park Advisory Committee Meeting Held on 8 March 2022 and endorsement of new Community Nomination.      

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Reserve 26199 (Manjimup Heritage Park) Ward, Giblett and Edwards Streets, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170453
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	10 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

The Manjimup Heritage Park Advisory Committee is an advisory committee of Council formed under the provisions of the Local Government Act 1995. The functions of the Committee outlined in the current Terms of Reference for the Advisory Committee are:

 

1.   To provide advice to Council on the orderly development, maintenance and promotion of the Manjimup Heritage Park;

2.   Undertake voluntary work at the Manjimup Heritage Park;

3.   To support delegate opportunities to represent the Heritage Park, specifically the heritage precinct, on external bodies; and

4.   To assist, advise and participate in the Manjimup Heritage Park activation.

 

The purpose of this agenda item is twofold being to receive the unconfirmed meeting notes of the meeting held on 8 March 2022 and to seek Council endorsement of a new committee nomination. A copy of the unconfirmed meeting notes and action table are attached.

ATTACHMENT: 9.16.1(1)

ATTACHMENT: 9.16.1(2)

 

PUBLIC Consultation Undertaken:

A public notice seeking new representation on the Advisory Committee was advertised in the Manjimup Bridgetown Times in January and closed 11 February 2022.  Nominations were invited for 1 Indigenous representative and up to 3 community representatives.  One nomination was received.

 

 

 

COMMENT (Includes Options):

No quorum was achieved for this meeting and as such there are no formal recommendations requiring a decision of Council. 

 

In saying the above however there are two Officer Recommendations that have been unofficially endorsed by the Committee and require a decision of Council:

a)   Endorsement of Vicki Winfield nomination to the Advisory Committee.   Mrs Winfield has been a long term advocate, casual contractor and volunteer at the Park and would make a strong addition to the Advisory Committee.

b)   Support the request by Ian Wilson, President of the Manjimup Historical Society, to adjust Historical Society representation by noting Ian Wilson as proxy and Alan Lush as the member representative.

 

The Terms of Reference as adopted at the meeting of 20January 2022 are appended and the proposed amended Terms of Reference are attached.

APPENDIX: 9.16.1(A)

ATTACHMENT: 9.16.1(3)

 

STATUTORY ENVIRONMENT:

Local Government Act 1995.

 

Policy / Strategic Implications:

The Terms of Reference, actions and activities of the Heritage Park Advisory Committee are consistent with the strategies and directions identified in the:

 

Shire of Manjimup Strategic Community Plan 2021-2031.

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

·   C18. Create, support and promote a broad range sporting, recreational and social opportunities that are accessible and inclusive for all ages and abilities;

·   C20. Facilitate, develop and promote a broad range of cultural and art capabilities, facilities, events and achievements;

·   C22. Document and conserve local historical records, stories and artefacts and make them available for everyone to study and enjoy;

·   C23. Work with stakeholders to preserve and share local Indigenous tradition and culture, including identified sites of significance;

·   D5. Develop and maintain community infrastructure to a service-level that meets the community’s needs;

·   D8. Develop town centres to showcase their unique characters and encourage vibrant, mixed-use commercial and public spaces; and

·   D10. Provide for public parks and playgrounds that are accessible and attractive with well-maintained amenities and equipment.

 

Organisational risk management:

Nil.

 

Financial Implications:

Nil.

 

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The preservation and interpretation of heritage is a significant contributor to social pride and the sense of place within the community.

 

 

VOTING REQUIREMENTS:                  ABSOLUTE MAJORITY

 

 

Officer Recommendation:   That Council 1.   Receive the unconfirmed meeting notes of the Manjimup Heritage Park Advisory Committee meeting held 8 March 2022 as per Attachment: 9.16.1(1) and 9.16.1(2); 2.   Approve the change of Historical Society representation noting Alan Lush as the representative and Ian Wilson as the proxy representative; 3.   Approve the appointment of Vicki Winfield as a Community Representative; and 4.  Adopt the amended Terms of Reference for the Heritage Park Advisory Committee as per Attachment: 9.16.1 (3)

 

ATTACHMENTS
1⇨	HPAC Meeting Notes 8 March 2022	2 Pages
2⇨	HPAC Action Table 8 march 2022	3 Pages
3⇨	ToR HPAC March 2022	1 Page

 

APPENDICES
a⇨	ToR HPAC January 2022	1 Page

 

 

 

 

ATTACHMENT

 

9.16.2        Unconfirmed Minutes of the Pemberton Community Hub Advisory Committee 1 March 2022      

 

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Brockman Street, Pemberton (Reserve 19566)
WARD:	West
ZONE:	Public Purposes - Civic and Cultural
DIRECTORATE:	Community Services
FILE REFERENCE:	F170453
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	10 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

The Pemberton Community Hub Advisory Committee is an advisory committee of Council formed under the provisions of the Local Government Act 1995. The functions of the Committee outlined in the current Terms of Reference for the Advisory Committee are:

 

1.   To ensure all facility stakeholders are working in collaboration in regard to the day to day management and general operations of the new Pemberton Community Hub;

2.   To provide a platform for communication, troubleshooting and conflict resolution as the new collocation business model is bedded in;

3.   To seek guidance from Council, on a needs basis, in regard to matters pertaining to the Hub;

4.   To provide financial transparency and reporting in respect of the Hub management;

5.   To address telecommunication issues as they arise;

6.   To discuss facility hire and community access of the Hub;

7.   To assist in identifying maintenance issues; and

8.   To administer the functions and intentions of the Memorandum of Understanding (MOU).

 

The purpose of this agenda item is to receive the unconfirmed minutes of the meeting held on 1 March 2022 as attached.

ATTACHMENT: 9.16.2(1)

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

There are no recommendations arising from this meeting that require a decision of Council. 

 

STATUTORY ENVIRONMENT:

Local Government Act 1995.

 

Policy / Strategic Implications:

Shire of Manjimup Strategic Community Plan 2021-2031.

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

·    C4. Maintain public libraries in all four towns and continue to expand and modernise services and activities.

·    C20. Facilitate, develop and promote a broad range of cultural and art capabilities, facilities, events and achievements.

·    C18. Create, support and promote a broad range sporting, recreational and social opportunities that are accessible and inclusive for all ages and abilities

·    C22. Document and conserve local historical records, stories and artefacts and make them available for everyone to study and enjoy.

 

Organisational risk management:

Nil.

 

Financial Implications:

Nil.

 

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The preservation and interpretation of heritage is a significant contributor to social pride and the sense of place within the community.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council receive the unconfirmed minutes of the Pemberton Community Hub Advisory Committee meeting held 1 March 2022 as per Attachment: 9.16.2(1).

 

ATTACHMENTS
1⇨	Minutes Pemberton Community Hub Advisory Committee 1 March 2022	3 Pages

 

 

   

ATTACHMENT

 

9.16.3        Unconfirmed Minutes of the Northcliffe Town Activation Advisory Committee Meeting held on 22 February 2022      

 

PROPONENT	Northcliffe Town Activation Advisory Committee
OWNER	N/A
LOCATION / ADDRESS:	Northcliffe Town Centre
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170454
LEGISLATION:	Local Government Act 1995
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	11 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

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

 

1.   Identification of opportunities for space activation within Northcliffe townsite;

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

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

4.   Assist in co-ordinating community participation; and

5.   Communicate and inform the local community about activities of the Committee.

 

The current Terms of Reference were adopted by Council on 20 January 2022.  A copy of the current Terms of Reference is shown appended

APPENDIX: 9.16.3(A)

 

The latest meeting of the Northcliffe Town Activation Advisory Committee  was held on 22 February 2022. A copy of the unconfirmed minutes relating to that meeting are shown attached.

ATTACHMENT: 9.16.3(1)

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

As reflected within the unconfirmed minutes, the Committee passed several recommendations. The following table details those recommendations required by Council:

 

Committee Recommendation		Officer’s Comment
1.	That Committee formalise the scope of works to include new statement and focus on replacing entry statement on Wheatley Coast Road with a new statement.	The recommendation is supported.
2.	That the two vacant positions be removed from the Terms of Reference and allow Council to allow for the addition of new members should be required.	This recommendation is supported.

 

Further to the second resolution, Council is advised that the current number of community representative positions on the Committee were increased to 8 in order allow all community nominees to be appointed.  Reduction of the number of community representatives by two will return the Committee to its original composition.

 

An amended Terms of Reference is shown attached.

ATTACHMENT: 9.16.3(2)

 

STATUTORY ENVIRONMENT:

The Committee is an Advisory Committee formed by Council in accordance with the Local Government Act 1995. Committee members are bound by the Terms of Reference and the Shire’s Standing Orders.

 

Policy / Strategic Implications:

The Northcliffe Town Activation Advisory Committee provides the Shire of Manjimup with a vital tool and local input into planning for improvement works and space activation within the Northcliffe townsite.

 

Revitalisation of the Northcliffe Town Centre will ensure that the town is accessible, attractive and inviting whilst maintaining its unique character, consistent with Community Goal 4.4 as identified in the Shire’s Strategic Community Plan 2021 – 2031.

 

Organisational risk management:

Nil.

 

Financial Implications:

Nil.

 

Sustainability:

Environmental: The Committee assists the Shire in identifying future improvement works and opportunities for space activation within the town.

Economic: By addressing opportunities for space activation within the town centre, operation of the committee ensures opportunities for economic development area maximised and that local businesses will benefit.

Social: In accordance with the terms of reference, a key element of the committee’s role is to ensure community involvement in future development programs.

 

VOTING REQUIREMENTS:                  ABSOLUTE MAJORITY

 

 

Officer Recommendation:   That Council: 1.    Receive and note the unconfirmed Minutes of the Northcliffe Town Centre Activation Advisory Committee meeting held on 22 February 2022 as shown Attachment: 9.16.3(1); and 2.    Amend the Terms of Reference relating to the Northcliffe Town Centre Activation Advisory Committee as shown at Attachment: 9.16.3(2).

 

ATTACHMENTS
1⇨	Appendix A - Current Terms of Reference	1 Page
2⇨	Attachment No. 1 - Unconfirmed Minutes	4 Pages
3⇨	Attachment No. 2 - Draft Amended Terms of Reference	1 Page

 

 

 

ATTACHMENT

 

9.16.4        Unconfirmed Minutes of the Manjimup Town Activation Advisory Committee Meeting held on 24 February 2022      

 

PROPONENT	Manjimup Town Activation Advisory Committee
OWNER	N/A
LOCATION / ADDRESS:	Manjimup Town Site
WARD:	Central
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170454
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	11 March 2022
DECLARATION OF INTEREST:	Nil

 

 

Background:

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

 

1.   Identification of opportunities for space activation within Manjimup townsite;

2.   Liaison with other relevant community groups and / or service agencies over potential are or cultural projects;

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

4.   Assist in co-ordinating community participation; and

5.   Communicate and inform the local community about activities of the Committee.

 

A copy of the adopted Terms of Reference is appended.

ATTACHMENT: 9.16.4(1)

 

The latest meeting of the Manjimup Town Activation Advisory Committee was held on 24 February 2022. A copy of the unconfirmed minuted relating to that meeting are shown attached.

ATTACHMENT: 9.16.4(2)

 

PUBLIC Consultation Undertaken:

Nil.

 

COMMENT (Includes Options):

As reflected within the unconfirmed minutes, while the Committee passed several recommendations, none of which however require the consideration of Council at this time.

 

STATUTORY ENVIRONMENT:

The Committee is an Advisory Committee formed by Council in accordance with the Local Government Act 1995. Committee members are bound by the Terms of Reference and the Shire’s Standing Orders.

 

Policy / Strategic Implications:

The Manjimup Town Activation Advisory Committee provides the Shire of Manjimup with a vital tool and local input into planning for improvement works and space activation within the Manjimup Townsite.

 

Revitalisation of the Manjimup Town Centre will ensure that the town is accessible, attractive and inviting whilst maintaining its unique character, consistent with Community Goal 4.4 as identified in the Shire’s Strategic Community Plan 2021 – 2031.

 

Organisational risk management:

Nil.

 

Financial Implications:

Nil.

 

Sustainability:

Environmental: The Committee assists the Shire of identifying future improvement works and opportunities for space activation within the town.

Economic: By addressing opportunities for space activation within the town centre, operation of the committee ensures opportunities for economic development area maximised and that local businesses will benefit.

Social: In accordance with the terms of reference, a key element of the committee’s role is to ensure community involvement in future development programs.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

 

Officer Recommendation:   That Council receive and note the unconfirmed Minutes of the Manjimup Town Activation Advisory Committee meeting held on 24 February 2022.

 

ATTACHMENTS
1⇨	Attachment No. 1 - Unconfirmed Minutes	3 Pages
2⇨	Attachment No. 2 - Terms of Reference	2 Pages

 

 

     

10.       LATE REPORTS:

 

11.       QUESTIONS FROM MEMBERS:

11.1    Response to questions from members taken on notice.

11.2    Questions from members.

 

12.    MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING:

 

13.    NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:

 

14.    APPLICATIONS FOR LEAVE OF ABSENCE:

 

15.    CLOSURE:

 

In closing 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.

 

There being no further business to discuss the Shire President to thank those in attendance and close the meeting at…………pm.