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.

2. ANNOUNCEMENTS BY THE PRESIDENT:

The Shire President made the following announcements without discussion:

· I met with Melissa Pedelty from the Manjimup Bridgetown Times;

· I attended the Manjimup Senior High School Presentation Night;

· I attended a Reconciliation Action Plan Advisory Committee Meeting;

· I attended a Department of Biodiversity, Conservation and Attractions (DBCA) Forest Management Pop-up at the Manjimup Farmers Markets;

· I met with the Hon. Colin de Grussa, Shadow Minister for Agriculture;

· I attended the WA Water Users Coalition Forum in the Manjimup Town Hall;

· I attended the Manjimup Motor Cycle Club’s Presentation Awards Night;

· I attended the Pemberton Trout Festival with Councillors Ventris and Lawrence;

· I met with John Ipsen and colleague from JTSI regarding the Native Forest Just Transition Grants and compensation;

· Attended the RAC President’s Reception at the State Museum with Shire CEO Andrew Campbell and his wife;

· Attended Remembrance Day and laid a wreath on behalf of Council;

· Attended a ‘Night with the Blokes’ event at the Pemberton Sports Club;

· The Shire CEO and I met with Phil Brandrett, Regional Manager of Department of Fire and Emergency Services (DFES); and

· Attended a Macedonian Afternoon Tea, which was a fundraiser for the Manjimup Macedonian Hall.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr D Buegge

Cr W Eiby

Cr D Jenkins

Cr K Lawrence

Cr K Skoss

Cr R Taylor

Cr M Ventris

Cr J Willcox

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Mr Jason Giadresco (Senior Governance Officer)

Gallery

Colin Crombie	Valod Tonga
Noeleen Collings	Sitaleki Tonganevai
Joy Head	Harvey Giblett
Deanne Ventris	Roger Bettoni
Leanne Rowe	Debra Bettoni
Mary Morris	Jill Baker
Judy Goldfinch	Nicole Giblett
Kevin Dunnet	Dave Tonganevai
Richard Tonganevai

Media

Melissa Pedelty

3.1 Apologies: Nil.

3.2 Leave Of Absence:

Councillor Susan Dawson Vidovich has been granted an approved leave of absence for this meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received a declaration of Financial Interest from Councillor Eiby and declarations of Impartiality Interest from Councillors Omodei and Ventris.

Councillor Eiby declared a Financial Interest in item 9.16.3 as she is the Manager of the Northcliffe Visitor Centre, which is funded by the Shire similarly to the Pemberton Visitor Centre.

Councillor Omodei declared Impartiality Interests in Item 9.2.1 as his daughter is Secretary of the Manjimup Tennis Club and Item 9.16.3 as he is a member of the Pemberton Heritage and History Group.

Councillor Ventris declared an Impartiality Interest in Item 9.16.3 as his wife is a member and Secretary of the Pemberton Heritage and History Group.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil.

5.2 Public Question Time

Under meeting procedure (Standing Orders) this is the only opportunity for members of the public to address Council. There is no further opportunity to interject or question the Council or Staff during the meeting.

5.2.1 Judy Goldfinch – 33 Barronhurst Court, Pemberton - Item 9.16.3 Unconfirmed Minutes of the Pemberton Community Hub Advisory Committee Meeting 17 & 31 October 2022.

· What is council policy throughout the Shire regarding not-for-profit groups using Shire buildings? We have concerns about public liability and volunteer insurance.

The Director of Business responded: All those not-for-profits that are in Council buildings will have a lease, and under that lease, they will be required to have insurance and to cover costs.

· Noted that it is very expensive to have volunteer insurance, it is approximately $1,000 per year for the Pemberton Arts Group (PAG) to insure their volunteers, and would all groups have that insurance?

The Chief Executive Officer responded: As part of the lease agreement, they would be required to actually have that. I’m also aware some community groups have approached the Shire through the Community Grants process to try and offset some of those costs.

5.2.2 Leanne Rowe – 403 Stirling Road, Pemberton - 9.16.3 Unconfirmed Minutes of the Pemberton Community Hub Advisory Committee Meeting 17 & 31 October 2022.

· I am the President of the Pemberton Heritage and History Group (PHHG), I have a PhD. in History and a teaching background.

· I’m here today to urge Council to positively view the requests of the Pemberton Community Hub Advisory Committee, particularly to the following amenities being provided free of charge to the PHHG, things like electricity, water, rubbish collection, insurances, cleaning and gardens.

· Noted that the motion at the Committee Meeting, a motion regarding the above listed utilities was passed 7/2.

· I understand that it is Council policy to ensure that ‘user pays’. In this case, it is important for everyone to understand that PHHG are not ‘users’ here, but rather volunteers who have come together to provide a service to the community.

· We want to record and proudly present our history for the benefit of tourist who come into our area. We want to provide this service free of charge.

· As we do this service voluntarily, I don’t believe the group’s efforts should be taken for granted.

· I believe the amenities charges should not be the responsibility of volunteers. Most of our members are retired and quite elderly, and the idea that the group would have to pay for these amenities has caused a bit of stress amongst our members.

· Note the 3 museum displays in Manjimup are paid for by the Shire. Our members think we deserve the same consideration.

· The PHHG has an excellent record of applying for grants to assist in the furbishing of the museum, and our Secretary is willing to continue to do this in the interest of the common good.

· With this Shire support, it will allow our volunteers to conserve local history before it’s too late.

· Recently, an option was put forward to not move into the facility. This would be a dreadful outcome for our collection.

· Noted that the conservation of local history is mentioned in the Shire’s strategic plans.

· Restated that the group were volunteers, not users.

5.2.3 Noeleen Collings – 32 Barronhurst Court, Pemberton - 9.16.3 Unconfirmed Minutes of the Pemberton Community Hub Advisory Committee Meeting 17 & 31 October 2022.

· Here to represent the local RSL in Pemberton. Have concern about the Co-location building.

· Noted that the previous building the RSL was located in was in was considered unsafe and that the group should not be using it. Members have had accidents, and the building has several structural and electrical faults. Mould became an issue. As a result, RSL meetings were moved to the main library.

· Noted that the issues identified with the RSL building have not been resolved.

· Noted the servery has been removed from the plans as a cost saving measure. The RSL needs this to be able to cater for significant events such as ANZAC Day and Remembrance Day. We request that the servery be included back into the plans.

The Shire President responded: I understand the Honour Boards are at the Men’s Shed being renovated. If the floor is unsafe, we will get that fixed, we don’t want Bill Bailey falling through the floor again. Those matters will be taken on board. Thank you for bringing them to our attention.

5.2.4 Jill Baker – Representing PAG – 9.16.3 Unconfirmed Minutes of the Pemberton Community Hub Advisory Committee Meeting 17 & 31 October 2022.

· I wonder what the Shire policy is about supporting private art exhibitions? Mainly, because we noticed that in the RAC Horizon magazine there was an advertisement that would have cost $2,400 and I think it was paid by the Shire. I was wondering if that sort of advertising was open to all arts groups within the Shire?

· My other question is about procedure. There’s a group called Activation Committee of which there are members from Pemberton, and on Tuesday our meeting was cancelled because one person was ill, a person from the Shire office. I don’t think this is the respectful way to treat those volunteers on that committee.

The Chief Executive Officer responded: I’m not sure of the advertising you are referring to is. I suggest with the Shire President’s support, we will take that question on notice. You will receive a written response which will also be incorporated into the minutes of the next Council Meeting.

In relation to the other particular question, I’ll ask the Director of Works to respond.

The Director of Works and Services responded: I was ill that day and unable to come into work, and therefore unable to prepare any of the materials needed for that meeting. The committee could have met, but would not have had any ability to address any of the agenda items.

6. PRESENTATIONS:

6.1 Petitions: Nil.

6.2 Presentations: Nil.

6.3 Deputations

6.3.1 Council received a deputation from Nicole Giblett and Dave Tonganevai in relation to Item 9.5.2 Proposed Rural Workers Accommodation at Lot 2 (22) Starkies Road, Middlesex.

· Ms Giblett read from a prepared statement as attached.

ATTACHMENT 6.3.1(1)

· Mr Tonganevai discussed the social and cultural importance of Tongan workers being co-located together, and thanked Council and the wider Manjimup community for the welcome they have received.

6.4 Delegates’ reports: Nil.

6.5 Conference reports: Nil.

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Taylor, R

28939

That the Minutes of the Ordinary Meeting of the Council held on 20 October 2022 be confirmed.

CARRIED: 10/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Winfield, C

28940

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 105 of the Agenda with the exception of:

CARRIED: 10/0

9.1.1	Proposed Budget Amendment - Installation of Ordinary Council Meeting Audio - Visual System
9.1.2	Proposed 2023 Register of Delegations Under Council Policy
9.1.3	Proposed 2023 Register of Delegations, Authorisations and Appointments
9.2.1	Proposed Lease to Manjimup Tennis Club Inc - Reserve 14584
9.3.1	Proposed Replacement Projects - Local Roads and Community Infrastructure Program (Round 3)
9.3.3	Proposed Budget Review Adjustments - September 2022
9.5.2	Proposed Rural Workers Accommodation at Lot 2 (22) Starkies Road, Middlesex
9.5.7	Proposed Meditation Hall - Lot 4 (6845) South Coast Highway, Walpole
9.16.1	Unconfirmed Minutes of the Pemberton Town Activation Committee Meeting Held 19 October 2022
9.16.2	Unconfirmed Minutes of the Reconciliation Action Plan Advisory Committee Meeting Held 28 October 2022
9.16.3	Unconfirmed Minutes of the Pemberton Community Hub Advisory Committee Meeting 17 & 31 October 2022

Items passed by En Bloc Resolution

9.2.2 Proposed Electric Vehicle Charging Stations in Manjimup and Walpole

9.3.2 Council Financial Payments for October 2022

9.3.4 Monthly Financial Activity Statement - September 2022

9.5.1 Proposed Tear Drop Sign at Lot 303 (5C) Brockman Street, Manjimup

9.5.3 Request to Adopt Scheme Amendment for Purposes of Advertising - Lot 21 (No 285) Perup Road, Balbarrup

9.5.4 Proposed Extension to Existing Outbuilding and Retaining Wall at Lot 80 (4) Winfield Retreat, Walpole

9.5.5 Delegated Planning Decisions for October 2022

9.5.6 Proposed Change of Use Outbuilding to Exhibition Centre - Lot 12 (150) Hopgarden Road, Beedelup

9.7.1 Application to Keep More Than Two Dogs at Lot 46 (35) Cole Street, Manjimup

9.9.1 Quarterly Report July - September 2022 - Community Services Directorate

9.13.1 Consideration of Public Submissions for the Naming of Laneways in Manjimup

9.14.1 Proposed Award of Tender RFT 02/22 Concrete Footpath Construction for the Shire of Manjimup

9.16.4 Unconfirmed Minutes of Walpole Town Activation Advisory Committee Meeting held on 27 October 2022

9.2.2 Proposed Electric Vehicle Charging Stations in Manjimup and Walpole

PROPONENT	Shire of Manjimup Electrical Generation and Retail Corporation trading as Synergy
OWNER	Manjimup – Crown (Management Order to Shire of Manjimup); Walpole – Crown (Management Order to Conservation and Parks Commission)
LOCATION / ADDRESS:	Reserve 43342 Johnston Cres, Manjimup; Pioneer Park, South Western Highway, Walpole
WARD:	Central, South
ZONE:	Town Centre, Railways National Park
DIRECTORATE:	Business
FILE REFERENCE:	F200089, F220082
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	28 October 2028
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup and Synergy have negotiated the provision of electric vehicle charging stations in Manjimup and Walpole. Council have previously been informed of this. The purpose of this report is to formally endorse the arrangements.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The locations of the electric vehicle charging stations will be in Johnston Crescent in Manjimup (Management Order to Shire of Manjimup) and in Pioneer Park in Walpole (Lease from Conservation and Land Management Executive Body to Shire of Manjimup).

The electric vehicle charging stations will be owned, installed and maintained by Synergy. At the end of the agreements, unless the arrangement is extended, Synergy may either remove the electric vehicle charging stations or consult with the Shire of Manjimup regarding gifting the electric vehicle charging stations to the Shire.

Synergy have requested a sublease for the Walpole site, which is pending lessor approval from the Department of Biodiversity, Conservation and Attractions.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 enables the Shire to operate as an entity and enter into contracts with other parties.

Policy / Strategic Implications:

Being part of “Australia’s longest electric vehicle network” with Synergy is another example of the Shire addressing outcomes for the Strategic Community Plan 2021-2031:

· A9. Encourage design features, development practices and behaviours that demonstrate best practice water and energy efficiency;

· A24. Advocate for the installation of Electric Vehicle (EV) charging infrastructure across the Shire; and

· C1. Encourage colocations, partnerships and resource sharing to deliver community services.

Additionally, related specific actions are captured in the Corporate Business Plan 2022 -2026:

· A24.1 Identify suitable locations within each Shire town for the provision of EV charging infrastructure; and

· A24.2 Secure grant funding or work with the private sector to establish EV charging infrastructure.

Organisational risk management:

Synergy’s “Australia’s longest electric vehicle network” is a popular electric car project that the Shire should be enthusiastic to be part of as it demonstrates leadership in environmental opportunities.

Financial Implications:

There are no costs to the Shire of Manjimup as the charging stations will be owned, installed and maintained by Synergy.

Sustainability:

Environmental: Electric car charge stations are considered to be a viable, futuristic direction to reduce reliance on fossil fuels.

Economic: With the introduction of the charging stations, electric vehicles will become more accessible for longer journeys with the Shire of Manjimup being involved with Synergy’s “Australia’s longest electric vehicle network project”.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council endorse and authorise the Chief Executive Officer to execute documents with Synergy relating to electric vehicle charging stations:

1. On Reserve 43342 Johnston Crescent, Manjimup under a Licence to Occupy; and

2. In Pioneer Park, Walpole with a sublease, subject to approval from the Department of Biodiversity, Conservation and Attractions.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28941

That Council endorse and authorise the Chief Executive Officer to execute documents with Synergy relating to electric vehicle charging stations:

1. On Reserve 43342 Johnston Crescent, Manjimup under a Licence to Occupy; and

2. In Pioneer Park, Walpole with a sublease, subject to approval from the Department of Biodiversity, Conservation and Attractions.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.2 Council Financial Payments for October 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:	28 October 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 accounts for payment totalling $1,750,675.33 for the month of October 2022 are listed below and in the attachment.

ATTACHMENT: 9.3.2(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 17 November 2022.

Fund	Vouchers	Amount
Municipal	95136 – 95159	$90,519.79
Trust Fund	-	$0.00
Total Cheques for Month of October 2022		$90,519.79

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 17 November 2022.

Fund	Batch	Amount
Municipal	221 - 224	$1,660,155.54
Total EFT for Month of October 2022		$1,660,155.54

Corporate Credit Card transactions 22 August 2022 – 20 September 2022 (paid 2 October 2022) – Municipal Account

680.1133	Westnet Inv 133256099: Internet Services 1/9/22 - 1/10/22 Walpole Library	89.95
98.1410	Westnet Inv 133256099: Internet Services 1/9/22 - 1/10/22 MJP SES	79.99
83.1410	Westnet Inv 133256099: Internet Services 1/9/22 - 1/10/22 NCF BFB	49.95
665.1101	GoDaddy - Domain Purchase Heritage Park	9.96
571.1101	GoDaddy - Domain Purchase CHSP.com	9.96
8.1101	GoDaddy - Domain Purchase Manjimup.au	9.96
2.1388	WALGA - Cr Ventris to attend 2022 Aboriginal forum	140.00
2.1178	2 x tickets to attend Soft Opening Gatsby's Skyline Cr Omodei	20.00
6.1299	LG Professionals Annual State Conference 2022 CEO	1,320.00
6.1299	LHAAC Meeting - Parking 09/09/22 CEO	5.50
4.1221	Adobe Creative Cloud 12/09/22 - 11/10/22	79.99
46.1101	Lunch Tall Timbers Shire Pres & CEO, Shire of Boyup Brook Shire Pres & CEO 20/09/22	152.90
575.1317	WALGA 2022 Aboriginal Forum – Cr Willcox	140.00
575.1299	Flight Centre - Flight change DCS Conference Attendance	110.55
575.1340	Survey Monkey Team Advantage Annual Plan Renewal 22/23	426.42
1912.1101	Survey Monkey Team Advantage Annual Plan Renewal 22/23	426.42
790.1317	Sebel Mandurah - Dinner Manager Parks Operations – Turf Presentation 19/08/22	48.99
790.1317	Sebel Mandurah - Dinner Supervisor Parks Operations – Turf Presentation 19/08/22	50.00
569.1893	Placemaking Education - course for PTAAC member	283.25
681.1299	Crown Promenade - Accom & Meals Technical Services Officer - Recycling Conference	645.74
570.1346	Starlink Subscription 22/08/22 - 21/09/22	143.17
569.1317	Planning Industry Association – Planning Officer -Registration Fee State Conference	665.01
569.1317	Mandurah Ocean Marina Chalets - Accom Planning Officer PIA Conference	125.00
2.1388	Mandurah Ocean Marina Chalets - Accom Cr W Eiby Natural Resource Management Conference 19-22/09/22	448.90
569.1299	Mandurah Ocean Marina Chalets - Accom Sustainability Officer – Natural Resource Management Conference 19-22/09/22	498.75
Total Credit Card Payments for September 2022		$5,980.36

Corporate Credit Card transactions 21 September 2022 – 20 October 2022 (paid 2 November 2022) – Municipal Account were not available at time of document preparation.

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations (12) and (13).

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As stated.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the Corporate Credit Card transactions for September 2022 totalling $5,980.36 and note the October 2022 accounts for payment totalling $1,750,675.33 as detailed in the Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28942

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.4 Monthly Financial Activity Statement - September 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:	4 November 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 30 September 2022 is attached. The report is summarised by Function/Activity with operating comments via department. The report also provides a Rate Setting Statement and Statement of Comprehensive Income in the Type format in anticipation of changes to monthly reporting requirements proposed by the Department of Local Government.

ATTACHMENT: 9.3.4 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 30 September 2022 is a projected profit of $62,436, due to an increase in the Shire’s annual Financial Assistance Grant.

With the Annual Financial Budget adopted on the 28 July 2022 and raised in early August the start to the 2022/23 financial year has been quiet. Until the rates payments start to come in, typically the start of September, staff are restricted to non-discretionary operational expenditure only.

As stated in the July and August Monthly Financial Activity Statement, on the 25 August 2022 Shire staff received advice from the Department of Local Government, Sport and Cultural Industries on the 2022/23 final Financial Assistance Grant (FAG) allocations. The Shire of Manjimup’s allocation has increased marginally on the original estimates that made up the 2022/23 adopted budget.

The allocation compared to budget is:

General Purpose Grant	2022/23 Allocation	2022/23 Adopted Budget (inc early Payment)	(Shortfall) / Excess
2022/2023 GP Grant Allocation	2,954,832	2,892,396	62,436

Road Grant
2022/2023 Road Grant Allocation	1,612,593	1,571,310	41,283

Total Financial Assistance Grant	4,567,425	4,463,706	103,719

The allocation of this additional grant funding is subject to Agenda items contained within the Council Meeting Agenda for the 17 November 2022.

The September 2022 period is an opportunity to assess the first quarter’s Operating Income, Operating Expenditure and Capital Expenditure to date compared to budget. The graphs below reflect what the expected cumulative budget to 30 June 2023 is (grey area), with the line graph represented actuals year to date.

At present operating income to the 30 September 2022 is trending ahead of budget with actuals sitting at $15,084,747 compared to a budget of $14,656,791. Whilst a difference of $427,956 is significant, it is difficult to predict the timing of payments for special operating project grants. To date there are no areas of concern related to operating income.

Text

Description automatically generated with medium confidence

Operating Expenditure is trending behind budget with actuals of $8,599,054 compared to a budget of $9,369,526, a difference of $770,472. This sort of variance is typical this time of year as one off grant projects that are operational in nature, generally accelerate expenditure in the latter half of the year.

Chart

Description automatically generated

Capital expenditure is typically behind budget at this time of year as the majority of the Shire of Manjimup’s capital budget relates to Road Infrastructure works, which is very weather dependent. The availability of contractors will also influence the Works Directorate progression through their budgeted projects.

Text

Description automatically generated with medium confidence

Other than the grants listed above, no other major discrepancies have come to light in the first three months after adopting the 2022/23 budget, and with appropriate adjustments for the additional grant funding, and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2023.

STATUTORY ENVIRONMENT:

Section 6.8 of the Local Government Act 1995 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: The 2022/23 adopted budget proposes significant works for community amenities and recreation.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the Monthly Financial Activity Statement Report for September 2022 as per Attachment: 9.3.4(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28943

That Council receive the Monthly Financial Activity Statement Report for September 2022 as per Attachment: 9.3.4(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.1 Proposed Tear Drop Sign at Lot 303 (5C) Brockman Street, Manjimup

PROPONENT	Mr G Samiyaiah
OWNER	GKP Family Trust & Mr G Samiyaiah & Ms N Gopalakrishnan
LOCATION / ADDRESS:	Lot 45 (5C) Brockman Street, Manjimup
WARD:	Central
ZONE:	Town Centre – Commercial
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA22/165 P58086
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Karleha Brown
DATE OF REPORT:	17 October 2022
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a development application for the establishment of an Advertisement, consisting of a “Teardrop Sign” within the road reserve adjoining Lot 45 (5C) Brockman Street, Manjimup. A location plan is shown below.

Location Plan

Diagram

Description automatically generated

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

Approval is being sought for a teardrop sign with a height of 2m and a width of 600mm. The sign is to be located in front of the business, advertising the business with a photograph of Fish and Chips with the words ‘Golden Fish ‘n’ Chips’ on one side and Kebabs with ‘Kebabs Shawarma’ on the other. A copy of the submitted site plan and design of the sign is attached. The applicant is proposing that the teardrop sign will be used on occasions as an alternative to their current approved sandwich board sign, with only one of the two signs being displayed at any one time.

ATTACHMENT: 9.5.1(1)

The application is referred to Council for determination as the proposal ‘Teardrop’ sign is not defined under Local Planning Policy 6.1.4 Advertising Devices (Signage and Flags) (the Policy) and therefore assessment and determination of the proposal will set precedent within the Local Government Area.

PUBLIC Consultation Undertaken:

No public consultation was required or undertaken as part of the planning application process for this development.

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.

LPS4 6.1.4 - Advertising Devices (Signage and Flags)

Council adopted Local Planning Policy LPS4 6.1.4 - Advertising Devices (Signage and Flags) (The Policy) on 23 June 2019, in order to guide officers in assessing applications for Advertising Signage. The Policy does not include the permissible standards of a ‘teardrop’ sign or other portable material advertisements.

The Policy prescribes the development criteria to be used when assessing applications advertisements. 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.

A teardrop sign is a tall slim line vinyl or material flag that is shaped like a tear drop or feather. The sign is usually attached to fiberglass or portable aluminium frame that has a curved top, connected to either a weighted anchor to allow it to be portable or fixed to a permanent structure.

The proposed sign has a 2m high, 600mm double sided printable surface. One side of the sign will display a photograph of kebabs the other fish and chips. The proposed height of the sign is considered a sufficient height to provide clear visual sight lines and clearance for pedestrians walking along the Brockman Street footpath.

Plans submitted in support of the application detail the sign will be placed on Brockman Street on the right-hand corner of the shop front abutting the Real Estate agency. Given the proposed location of the sign a 2.6m wide footpath is available for pedestrian movement on Brockman Street.

The applicant has stated that the proposed sign will be alternated with the approved portable sign depending on the weather. Only displaying one sign at any time during operating hours, not increasing the amount of signage displayed at any one time.

The business currently has an awning sign and two window signs advertising the business. Photographs of the existing signage and street scape are shown at Attachment: 9.5.1(2).

ATTACHMENT: 9.5.1 (2)

Conclusion

It is considered that the tear drop sign will be of high-quality design. The height of the sign will visually highlight that the business is open and entice people down the Brockman Street food and beverage precinct.

The scale of the teardrop sign compared to the sandwich board sign, will be more prominent behind the permanent seating located within the road reserve in front of the subject business. As no more than one sign will be displayed at any one time, the tear drop sign will not create an undesirable precedent with visual clutter with ‘too many’ advertisements within the Manjimup Central Business District.

It is recommended that the proposed Teardrop sign be approved by Council.

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 2022/23.

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 (Teardrop Sign) on Lot 303 (5C) Brockman Street, Manjimup (TP63/2022) in accordance with the submitted plans as shown at Attachment 9.5.1(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	Site Plan and Design	12 September 2022

2. The teardrop sign as approved shall only be on display when no other portable sign is on display in association with the business;

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 be displayed only during the hours that the business is open;

5. 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 sign (Sticker No. 124); and

6. The signs shall be kept clean, free from unsightly matter and in good condition and presentation at all times.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28944

Reference	Document Title	Date Received
1	Site Plan and Design	12 September 2022

2. The teardrop sign as approved shall only be on display when no other portable sign is on display in association with the business;

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 be displayed only during the hours that the business is open;

5. 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 sign (Sticker No. 124); and

6. The signs shall be kept clean, free from unsightly matter and in good condition and presentation at all times.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

APPENDIX

9.5.3 Request to Adopt Scheme Amendment for Purposes of Advertising - Lot 21 (No 285) Perup Road, Balbarrup

PROPONENT	Martin Richards Planning
OWNER	Rumenos Developments Pty Ltd
LOCATION / ADDRESS:	Lot 21 (No 285) Perup Road, Balbarrup
WARD:	Central
ZONE:	Current - Rural-Residential Proposed – General Agriculture
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA22/61; P56134
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	20 October 2022
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider adopting, for the purposes of advertising, Local Planning Scheme Amendment No 27, relating to Lot 21 (No 285) Perup Road, Balbarrup. The amendment proposes to rezone the land from “Rural-Residential” to “General Agriculture”.

Lot 21 has an area of 53.1291ha and as shown on the location plan below, is located to the north of Perup Road. The land is currently developed with a single dwelling, several outbuildings and several small dams. A Western Power easement runs north south through the property.

Location Plan

Radar chart

Description automatically generated

Council previously considered a request to amend Local Planning Scheme No 4 to rezone the land as the landowner does not wish to pursue a Rural-Residential subdivision. At its Ordinary Meeting held on 5 May 2022, Council Resolved (Resolution 28788) to support the applicants request, but defer the initiation and advertising of the Scheme Amendment, subject to:

a) Receipt of the required Scheme Amendment documentation, prepared by a suitably qualified consultant; and

b) Payment of the Shire’s administration fee for a Standard Scheme Amendment.

Additionally the applicant was advised that they would be responsible for meeting all costs associated with preparation and advertising of the Scheme Amendment. An excerpt of the relevant Council minutes is Appended.

APPENDIX: 9.5.3 (A)

With the draft Scheme Amendment documentation finalised and payment of the administration fee, Council is now requested to adopt the amendment for the purposes of advertising. A copy of the draft Scheme Amendment documentation is shown attached.

ATTACHMENT: 9.5.3(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

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

History of Zoning

The subject land, along with the adjacent Lot 20 (No 307) Perup Road previously comprised Lot 2 Perup Road. Through Amendment No 67 to the Shire’s previous Town Planning Scheme No 2, the zoning of Lot 2 was modified from “Rural” to “Special Rural” in September 1996.

The purpose of the scheme amendment was to facilitate the then landowners desire to subdivide the land into 41 lots ranging from 1ha to 2ha in area in accordance with an approved Subdivision Guide Plan.

Subdivision History

In 1997 conditional approval was granted for the creation of 41 lots in accordance with the approved Subdivision Guide Plan. However, that subdivision approval expired without being implemented.

Subsequently in June 1998, the landowner received approval for a two lot subdivision, resulting in Lot 20 (307) Perup Road, effectively being excised from the parent property. Lot 20, having an area of 5.8 hectare effectively contained four lots as shown on the approved Subdivision Guide Plan.

South West Infrastructure Plan

Finalised in 2015, the South West Regional Planning and Infrastructure Framework provides an overall strategic context for land-use. Within that document, the Western Australian Planning Commission (WAPC) sets out a number of positions aimed at ensuring sustainable communities including the aim of constraining low-density urban sprawl, through:

• preventing the creation of new rural residential lots beyond those identified in existing local planning strategies or local town planning schemes, while making provisions for the creation of conservation lots or other forms of lots that provide a mechanism for the protection of existing native vegetation or opportunities for revegetation of previously cleared land with endemic species;

• support increasing the density of existing rural residential areas where this is seen as beneficial to the community as a whole and does not adversely impact on the landscape and environmental values of the locality; and

• encourage infill consolidation in existing centres through the preparation of local planning strategies, schemes and structure plans. Such infill should be in line with the objectives and policies outlined in Liveable Neighbourhoods.

Rezoning of the land as proposed is consistent with the above objectives.

Submitted Amendment Documentation

The draft Scheme Amendment documentation, shown at Attachment: 9.5.3(1), has been prepared by a suitably qualified consultant having regard to feedback from Shire Officers on a previous draft.

Amendment Process

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

Should Council resolve to initiate the Amendment, it needs to be mindful that once this act occurs, the Amendment is required to be processed and determined.

Conclusion

With the required application fees now paid and suitable Scheme Amendment documentation provided, it is recommended that Council resolve to initiate the amendment and proceed to refer the proposal to the Environmental Protection Authority prior to advertising in accordance with the requirements of the Planning and Development Act 2005.

A further report will be prepared for consideration of Council following formal advertising of the proposal.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

The Shire of Manjimup’s Strategic Community Plan 2021-2031 identifies the following Community Goals and Strategies that are relevant to the applicants request:

Community Goals

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

2.6 Our region grows in reputation as a world-class culinary, agricultural, environmental and trails tourism destination.

Strategies

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 Forest Food Council;

B12 Provide development opportunities and support local small business to thrive;

B16. Support services and infrastructure to encourage caravan and RV Tourism; and

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

Preliminary advice from the applicant indicates that they are seeking to propose a tourist related development including a mix of chalets, caravan bays, camping sites and appropriate facilities including a possible micro-brewery. Such a development would still need to be assessed against the requirements of the Scheme, if and when approval is sought. The concept is however consistent with the above Community Goals and Strategies.

Organisational risk management:

Nil.

Financial Implications:

The required application fee for a Standard Scheme Amendment has been paid in accordance with the Schedule of Fees and Charges, adopted by Council as part of the 2022/23 annual budget. The applicant will also be responsible for re-imbursement of all costs associated with advertising of the proposal once known.

Sustainability:

Environmental: To be assessed as part of the Scheme Amendment process.

Economic: Supporting the landowners’ proposal will provide the landowner with an opportunity to consider the development of the land in accordance with the proposed General Agriculture Zone.

Social: Although supporting the applicants’ proposal will effectively remove up to 37 future Rural-Residential lots from the Scheme, adequate undeveloped Rural-Residential land remains zoned under the Scheme. This land, subject to respective landowner’s actions, will be adequate to meet the needs for such allotments for the foreseeable future.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Pursuant to Section 75 of the Planning and Development Act 2005, amend Local Planning Scheme No 4 to:

a) Rezone Lot 21 (No 295) Perup Road, Balbarrup from “Rural-Residential” to “General Agriculture”;

b) Amending the Scheme Maps accordingly.

in accordance with the draft Scheme provisions shown at Attachment: 9.5.3(1);

2. Classify the scheme amendment, referred to in point 1), above as a Standard Scheme Amendment in accordance with Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations (2015);

3. Subject to the Environmental Protection Authority determining that the scheme amendment will not be the subject of a formal Environmental Impact Assessment, advertise the amendment period of not less than 42 days in accordance with Regulation 38 of the Planning and Development (Local Planning Schemes) Regulations 2015; and

4. Await a further Officer report on the amendment following the close of advertising referred to in point 3 above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28945

That Council:

1. Pursuant to Section 75 of the Planning and Development Act 2005, amend Local Planning Scheme No 4 to:

a) Rezone Lot 21 (No 295) Perup Road, Balbarrup from “Rural-Residential” to “General Agriculture”;

b) Amending the Scheme Maps accordingly.

in accordance with the draft Scheme provisions shown at Attachment: 9.5.3(1);

4. Await a further Officer report on the amendment following the close of advertising referred to in point 3 above.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

APPENDIX

9.5.4 Proposed Extension to Existing Outbuilding and Retaining Wall at Lot 80 (4) Winfield Retreat, Walpole

PROPONENT	Mr P A Musarra- Frannando
OWNER	Mr P A & Mrs J R Musarra – Frannando
LOCATION / ADDRESS:	Lot 80 (4) Winfield Retreat, Walpole
WARD:	South
ZONE:	Residential R10
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA22/176 P52954
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Karleha Brown
DATE OF REPORT:	20 October 2022
DECLARATION OF INTEREST:	Nil

Background:

An application has been received for a proposed extension to an existing Outbuilding and a Retaining Wall at Lot 80 (4) Winfield Retreat, Walpole. The subject property is 1,610m² and is vacant with the exception of an approved 93.89m² outbuilding located in the northwest corner of the building envelope. A location plan is shown below.

Diagram

Description automatically generated

The applicant is proposing to build a 6m by 8.2m lean-to along the southern end of the existing outbuilding with a 12m retaining wall to support the foundation of the structure. Copies of the plans submitted are attached.

ATTACHMENT: 9.5.4 (1)

Conditional planning approval was granted for the outbuilding in September 2020 on the then vacant site, subject to a dwelling being completed within 5 years. In addition, in accordance with Planning Policy at the time, approval was granted subject to the applicant entering into a deed of agreement (at the applicant’s cost) to substantially commence a single dwelling within two years.

The landowner subsequently requested that the condition requiring a deed of agreement be reconsidered due to the costs associated with agreement preparation, registration and lifting to allow a mortgage to be registered. An agenda item detailing the request for reconsideration was presented to Council on 15 October 2020, whereby Council resolved (Resolution 28287):

“That Council in accordance with clause 10.9 of Local Planning Scheme No 4 reconsider condition No (a) of the Shire of Manjimup’s letter of conditional approval for an Outbuilding on No 4 (Lot 80) Winfield Retreat, Walpole (DA20/11114) support the applicants request for reconsideration and modify the approval dated 4 September 2020 as follows:

a) Replace condition 2) with the following wording:

“The outbuilding hereby approved shall only be used for domestic purposes such as storage, garaging of vehicles or other approved purposes, excluding human habitation, temporary accommodation or camping.”

b) Delete condition (9); and

c) Replace the Advice Note (c), currently relating to condition (9) with the following wording:

“Further to condition No 2 above, the applicant is advised that the outbuilding shall not be used for commercial, industrial or accommodation in any form without the further approval of Council.”

An excerpt of the relevant minutes is appended.

APPENDIX: 9.5.4 (A)

The landowner has stated the purpose of the proposed lean-to is to provide additional storage capacity on the property and weather protection to the southern side of the existing outbuilding.

PUBLIC Consultation Undertaken:

No public consultation was undertaken for the proposed development.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Residential Zone, with an applicable density of R10 in accordance with the Residential Design Codes of Western Australia. In addition the Scheme includes the land within Walpole Planning Precinct No 1, relating to the Boronia Ridge Estate.

In accordance with clause 10.2 of the Scheme, when determining applications for Development Approval, the local government is to have regard to various matters, including:

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

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

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

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

Zone Objectives

The purpose of the Residential Zone is to provided for the provision of suitably located land to provide for varied urban residential environment to meet the needs of the community and to promote the amenity of residential areas.

Planning Precinct – Walpole WP1

As outlined in Schedule 8 of the Scheme, a number of design considerations apply. Provisions that are relevant to the current application are:

a) No rainwater runoff from hard paved areas on the lot or roof shall be permitted or allow to flow directly onto neighbouring lots or public open space so as to cause erosion damage or inconvenience; and

b) Limitations on the removal of vegetation.

The proposed development complies with the above requirements.

Local Planning Policy 6.1.3 – Outbuildings

Local Planning Policy 6.1.3 Outbuildings outlines the deemed to comply provisions for such development and refers to State Planning Policy 7.3 Residential Design Codes Volume 1 (R-Codes) in the assessment criteria, as articulated below:

Outbuildings that:

i. are not attached to a dwelling;

ii. are non-habitable;

iii. collectively do not exceed 60m² in area or 10 percent in aggregate of the site area up to 190m²;

iv. do not exceed a wall height of 3.0m;

v. do not exceed a ridge height of 4.2m;

vi. is located behind the rear of the dwelling or behind the front of the dwelling if constructed of colours and materials compatible with the residential setting;

vii. do not reduce the amount of open space required in Table 1;

viii. have a rear setback in accordance with Table 1 of the R-Codes for R15 density or lower; and

ix. are set back in accordance with Tables 2a and 2b of the R-Codes.

In addition to the above, Policy 6.1.3 prescribes that “the local government will employ a general presumption against approving domestic outbuildings and shipping containers on a lot where a dwelling does not exist.” The policy states that approval may be granted on a lot where a dwelling does not exist provided that certain criteria can be met, including:

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

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

In this case, concept site and floor plans have not been provided. Furthermore, as detailed in the Background Section of this agenda item, the owners were previously granted approval for a substantial outbuilding that already exists on the subject land. It is considered that there is little or no justification for the proposed lean-to as an adequate outbuilding exists to assist with the construction of their future home.

Unauthorised Use of Outbuilding

As part of the assessment process a site inspection was undertaken, as a result it was identified that the outbuilding is used for purposes other than storage. Photos from the site inspection are attached.

ATTACHMENT: 9.5.4(2)

Subsequent to the site inspection, one of the landowners who confirmed that that the outbuilding had been fitted with facilities and connected to power, water and sewerage services so that they could stay on the property when in attendance. In justifying this, they stated to a Shire Officer that the plans as approved by the Shire included a “wet area”. A check of plans held relating to the planning approval and the building permit has confirmed that no “wet area” was shown on the approved plans.

As habitation of the existing outbuilding for any purpose is contrary to Condition 2 of their planning approval dated 19 October 2020, an order has been issued under section 214 of the Planning and Development Act 2005 requiring the outbuilding for any form of accommodation cease immediately. Further occupation of the outbuilding will result in a modified penalty and/or legal action being taken for a contravention of the conditions of planning approval.

Retaining wall

The 12m long retaining wall is proposed to support the foundation of the existing cement pad that extends 6m south from the outbuilding. The Residential Design Codes (the R-codes) provide an assessment criteria for retaining walls in the residential zones. The deemed to comply requirements of 5.3.7 Site Works under the R-codes states that retaining walls 1.5m in height should be setback 1.5m from the boundary. In this case, the proposed retaining wall is to be 900mm at the highest point tapering down to 600 mm toward the centre of the property. It is proposed to be setback 2m from the western boundary within the approved building envelope on the subject property.

Site works within the Walpole Planning Precinct WP1 are only to be permitted where required for an approved development such as dwellings, outbuilding or driveways. In this instance the retaining wall is required to support the existing concrete pad.

As addressed above the retaining wall provides support to the existing concrete slab, it does not amplify the non-conforming use of the outbuilding. Given the retaining wall meets the provisions of the Scheme it is recommended for approval.

Conclusion

Section 218 of the Planning and Development Act 2005 and clause 11.4.1 of the Scheme provides the ability for Council to refuse the proposed lean-to. As it is considered that there is no justification for additional outbuilding area prior to the construction of the home and that is suspected that the lean-to is mainly to aid the use of the outbuilding when used for temporary accommodation, it is recommended that the proposed lean-to be refused.

Conditional approval to the retaining wall is however recommended.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The proposed application has been assessed against the Scheme.

Organisational risk management:

Nil.

Financial Implications:

The required application fee has been paid in accordance with the Schedule of Fees and Charges as adopted within 2022/23 Annual Budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Grant development approval to the proposed Retaining Wall at Lot 80, (4) Winfield Retreat, Walpole in accordance with Part 10 and Clause 5.5 of Local Planning Scheme No. 4 subject to compliance with the following conditions:

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

Reference	Document Title	Date Received
1.	Site Plan	30 September 2022
2.	Elevations	30 September 2022

b) All stormwater and drainage runoff is to be retained on the subject to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

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

2. REFUSE development approval to the proposed Lean-to at Lot 80, (4) Winfield Retreat, Walpole in accordance with Part 10 of Local Planning Scheme No. 4 for to the following reason:

a) Approval to the proposed lean-to would be contrary to the intent of Local Planning Policy No 6.1.9 – Outbuildings as the applicant has not submitted concept plans of the proposed dwelling and adequate justification as to the need of the additional outbuilding prior to construction of a dwelling has not been provided.

Advice to Applicant:

i) The applicant is advised that Shire Officers suspect that the purpose of the proposed Lean-to is to provide an undercover area for use by the landowners when occupying the outbuilding as temporary accommodation in contravention of the Local Planning Scheme No 4.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28946

That Council:

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

Reference	Document Title	Date Received
1.	Site Plan	30 September 2022
2.	Elevations	30 September 2022

b) All stormwater and drainage runoff is to be retained on the subject to the satisfaction of the Shire of Manjimup.

Advice to Applicant:

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

2. REFUSE development approval to the proposed Lean-to at Lot 80, (4) Winfield Retreat, Walpole in accordance with Part 10 of Local Planning Scheme No. 4 for to the following reason:

Advice to Applicant:

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.5 Delegated Planning Decisions for October 2022

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Various
WARD:	Various
ZONE:	Various
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170085
LEGISLATION:	Planning and Development Act 2005 Local Government Act 1995
AUTHOR:	Kaylee Blee
DATE OF REPORT:	1 November 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 October 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 October 2022, eleven (11) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for October 2022 compared to October 2021:

Table 1: Planning Decisions Made October 2021 and 2022

	October 2021	October 2022
Delegated Decisions	8 ($905,039)	11 ($487,126)
Council Decisions	4 ($102,100)	5 ($119,420)
Total	12 ($1,007,139)	16 ($606,546)

Table 2 compares the Year-To-Date statistics for delegated authority and Council decisions for 2022-23 compared to the previous Financial Year:

Table 2: Planning Decisions Made Year-To-Date 2021-22 and 2022-23

	YTD 2021-22	YTD 2022-23
Delegated Decisions	26 ($2,729,966)	47 ($2,284,772)
Council Decisions	15 ($393,790)	29 ($4,440,524)
Total	41 ($3,123,756)	76 ($6,725,296)

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 Shire Officers in accordance with clause 11.3.3 of Local Planning Scheme No 4.

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

Policy / Strategic Implications:

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

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

Organisational risk management:

Nil.

Financial Implications:

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

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

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

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28947

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

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.6 Proposed Change of Use Outbuilding to Exhibition Centre - Lot 12 (150) Hopgarden Road, Beedelup

PROPONENT	RF & DJ Bettoni
OWNER	RF & DJ Bettoni
LOCATION / ADDRESS:	Lot 12 (150) Hopgarden Road, Beedelup
WARD:	West
ZONE:	Rural Residential
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA22/152 & P54569
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	2 November 2022
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to determine an application for an Exhibition Centre at Lot 12, being approximately 10ha lot located on the northern side of Hopgarden Road on the eastern side of Dunnett Road. The property is currently developed with four chalets, a primary residence and a substantial outbuilding, previously approved for use as a restaurant and caretakers dwelling.

As shown on the location plan below, similar properties are located to the west, east and south, with the State Forest to the north.

Location Plan

Chart

Description automatically generated

In April 2010, Council resolved (Resolution 24557) to grant conditional approval to the development of a Restaurant, catering for 60 patrons, and Caretakers Dwelling. While the approval was initially granted for a two year period, a number of extensions were granted, the last of which was granted by Council at its May 2016 meeting via Resolution 26663. Planning approval for these uses expired in April 2017 in accordance with Council’s May 2016 decision.

Within the approval period, the applicant obtained a building permit and completed the earthworks and retaining wall but did not however proceed with construction of the Restaurant use or Caretakers Dwelling. Subsequently approval was granted to the now existing outbuilding, which consists of an internal area of 9m by 20m, plus 5.5m wide verandahs on the western, eastern and southern sides.

Approval is now sought to utilise the approved building as an Art Gallery (exhibition centre), consisting of:

· A main gallery area of 9m by 12m (108m²);

· A 30m² storeroom/kitchen;

· An office/reception;

· Accessible compliant staff toilet; and

· An entry/foyer.

Toilet facilities for customers are proposed to be located under the eastern side verandah. The applicant has advised that it is likely that the premises will operate as an “artist in residence”, which may involve the holding of classes.

Copies of the submitted plans, a supporting Bushfire Management Plan, prepared by the landowner are shown attached. A copy of a Bushfire Attack Level Assessment prepared by consultants WA Fire Safety is also attached (Refer Attachment: 9.5.6(2)).

ATTACHMENT: 9.5.6(1)

ATTACHMENT: 9.5.6(2)

PUBLIC Consultation Undertaken:

The application was advertised for public comment in accordance with clause 9.6, with a sign on-site and correspondence to adjacent landowners for comment over a 21-day period. Additionally the application was referred to the Department of Fire and Emergency Services (DFES) and Department of Biodiversity, Conservation and Attractions (DBCA) for comment over a 42 day period as required by legislation.

At the close of advertising, two submissions were received being from DBCA and DFES. Whilst DBCA advised they had no comments or objections to offer, DFES has advised that in their view the level of information submitted is insufficient with respect to compliance with State Planning Policy. The content of the DFES submission is discussed within the Comment Section below, whilst a copy of the submission is shown attached.

ATTACHMENT: 9.5.6(3)

COMMENT (Includes Options):

In determining applications for Development Approval, Part 10 of Local Planning Scheme No 4 (the Scheme) and the Deemed to Apply provisions of the Planning and Development (Local Planning Schemes) Regulations require that the local government has regard to various matters, including, but not limited to:

a) The aims and provisions of the Scheme;

b) Any approved State Planning Policies;

c) The compatibility of the use of development within its setting including the potential impact on the use and enjoyment of adjacent and nearby land;

d) Whether the land is unsuitable for the proposal by reason of it being subject to tidal inundation, subsidence, landslip, bushfire or any other risk;

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

f) The comments or submissions received from any authority consulted.

Zoning

The provisions of Local Planning Scheme No 4 include the subject land within Rural-Residential Zone Area No RR24.

Land Use Classification and Permissibility

Provisions of the Scheme define an exhibition centre as “premises used for the display, or display and sale of materials of an artistic, cultural or historic nature and includes a museum or art gallery”.

An Exhibition Centre is an “A” use within the Rural-Residential Zone, that is a use which “is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with clause 9.6.”

Any art classes that may be held can be considered as incidental to the predominant use. That the use would only exist as a result of the primary use.

Suitability of Access

Access to the exhibition centre is proposed to be provided via a dedicated driveway off Dunnett Road, which then connects to the properties internal road system. The driveway, which was originally established to service the previously proposed restaurant is considered to be suitable access for the proposed use, allowing for two way traffic.

Car Parking

The provisions of the Scheme do not identify specific requirements for parking associated with an Exhibition Centre. In accordance with clause 5.17.2 of the Scheme, where land is to be developed for a use not mentioned within the identified parking standards “the local government shall determine in each case the number of spaces to be provided on the land having due regard to:

i) The nature of the proposed development;

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

iii) Anticipated demand for visitor parking; and

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

Council previously granted approval to the “Power Up” museum at the Manjimup Heritage Park (Resolution 26915), where the parking requirement was approved, consistent with that applied to a civic use, at a rate of 1 bay per 30m².

In this case, if a parking ratio of 1 bay per 30m² was applied, a total of 4 parking bays would be required to be established to service the 108m² gallery. Whilst more than sufficient room is available for the parking of 4 vehicles, no formal designs of the parking area have been provided at this stage.

Car Parking Standards

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

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

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

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

The applicants have identified an area for car parking, on the western side of the existing building. Although formalising of the parking and line marking is recommended in accordance with the scheme, formal drainage systems and landscaping are not recommended given that all drainage will be contained within the site due to its size and topography.

Whilst Council may approve the parking area to remain unsealed, which would be consistent with the current amenity of the property, there is a need for at least one bay to be accessibility compliant. This bay together with the associated walkways should be required to be sealed to an appropriate standard.

State Planning Policy No 3.7

The Western Australian Planning Commission’s State Planning Policy No 3.7 – Planning for Bushfire Areas (the Policy) provides a foundation for land use planning within areas that have been identified by DFES as being Bushfire Prone. As the whole of Lot 12 is identified as Bushfire Prone, provisions of the policy and associated guidelines apply and must be taken into account in determining the development and use of the land.

In accordance with the Policy, qualified consultants working on behalf the landowner have assessed the Bushfire Attack Level (BAL), identifying that the building has a level of BAL 19. As the development will attract tourists, who may not be familiar with the area, the proposed land use is classified by the Policy and associated Guidelines as a “Vulnerable or high-risk land use”.

As prescribed by clause 6.6.1 of the Policy “Subdivision and development applications for vulnerable or high-risk uses in areas between BAL 12.5 to BAL-29 will not be supported unless they are accompanied by a Bushfire Management Plan jointly endorsed by the relevant local authority and the State authority for emergency services.” The Policy furthermore states that development applications should include an emergency evacuation plan for proposed occupants and/or a risk management plan for any flammable on-site hazards.

In this case the landowner, who has some experience in bushfire fire fighting, has prepared the Bushfire Management Plan through a review of the management plan previously prepared for the existing holiday accommodation (chalets) located on-site. An assessment of the plan as submitted has identified that the plan as submitted is not sufficient.

It is recommended that the submitted Bushfire Management Plan be reviewed and updated by a suitably qualified consultant to the satisfaction of Shire Officers and DFES. The comments received from DFES are outlined by below.

DFES Comments

As detailed within their correspondence shown at Attachment: 9.5.6(3), DFES advise in their opinion that documentation submitted as part of the referral does not demonstrate compliance with SPP 3.7. DFES highlight that the intent of SPP No 3.7 is to reduce and mitigate the risk of bushfire to people and property, which is prescribed through demonstrating compliance with Element 1: Location and maintain the view that Element 1 should not be ignored.

DFES advise that further clarification is required within the BMP to demonstrate compliance with SPP 3.7 and the supporting guidelines as follows:

a) Modification of the Bushfire Management Plan to demonstrate compliance with the accepted solutions of bushfire protection criteria;

b) The decision maker should consider upgrading of the building to compliance with all elements of AS3959;

c) Provision of a Bushfire Emergency Evacuation Plan.

Conclusion

Whilst the use as proposed is consistent with the zoning of the land and general requirements of the Scheme, as highlighted by DFES, the Bushfire Management Plan as submitted is not sufficient to demonstrate compliance with the requirements of State Planning Policy 3.7 – Planning for Bushfire.

Rather than refuse the application as submitted, it is recommended that Council afford the applicant/landowner the opportunity to have a revised Bushfire Management Plan prepared by a suitably qualified consultant. The revised plan including a Bushfire Evacuation Management Plan.

To prevent delays in processing the application, it is recommended that conditional approval be granted subject to the receipt of a revised Bushfire Management Plan to the satisfaction of Shire Officers and DFES.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Local Planning Scheme No 4 and State Planning Policy No 3.7 – Planning for Bushfire.

Policy / Strategic Implications:

The proposed development is consistent with the following Community Goals and Strategies identified within the Shire of Manjimup’s Strategic Community Plan 2021-2031:

Community Goals

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

2.6 Our region grows in reputation as a world-class culinary, agricultural, environmental and trails tourism destination.

Strategies

B12 Provide development opportunities and support local small business to thrive;

B16. Support services and infrastructure to encourage caravan and RV Tourism; and

Organisational risk management:

Should Council approve the application in the absence of an appropriate Bushfire Management Plan, prepared in accordance with State Planning Policy No 3.7.

Financial Implications:

The application fee has been paid in accordance with the Schedule of Fees and Charges as adopted by Council within the 2022/23 Annual Budget.

Sustainability:

Environmental: Nil.

Economic: Approval to the application as submitted will allow the landowner to undertake a use in addition to the existing chalets, increasing the ongoing viability of the development.

Social: The establishment of an Exhibition Centre as proposed will provide an additional activity for tourists and people visiting the area, providing an additional cultural activity.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Local Planning Scheme No. 4 grants approval to the proposed Exhibition Centre on Lot 12 (No 150) Hopgarden Road, Beedelup (Application TP149/2022) as detailed within Attachment: 9.5.6(1), subject to compliance with the following conditions:

Reference	Document Title	Date Received
Sheet 1	KVC Hopshed Gallery	25 August 2022
Sheet 2	North Elevation	25 August 2022
Sheet 3	South Elevation	25 August 2022
Sheet 4	East Elevation	25 August 2022
Sheet 5	West Elevation	25 August 2022
BAL Report	Bushfire Attack Level Assessment Report	18 August 2022

2. Prior to commencement of the use hereby approved, the applicant shall submit a revised Bushfire Management Plan, prepared by suitably qualified consultant, demonstrating compliance with State Planning Policy No 3.7 and incorporating an Emergency Evacuation Plan to the satisfaction of the Shire of Manjimup and Department of Fire and Emergency Services;

3. The management and emergency evacuation details approved in accordance with condition No 2 above shall be implemented on an ongoing basis to the satisfaction of the local government;

4. Prior to commencement of the use hereby permitted, a revised site plan shall be submitted to demonstrate the provision of a minimum of four carparking bays in accordance with Part 5.18 of Local Planning Scheme No 4 to the satisfaction of the Shire of Manjimup. One the proposed four bays being an accessible compliant bay;

5. Prior to the occupation or use of the development hereby approved, the car parking spaces, access ways and vehicle manoeuvring areas shown on the plan referred to in condition No 4 above, together with the associated access lanes as delineated on the endorsed plan shall:

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

b) thereafter be maintained to the satisfaction of the Council.

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

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

6. 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 accessible path to the main entrance of the building or facility. The design and signage of the bay(s) and path(s) are to be in accordance with the Australian Standard 1428.1 – 2009.

7. Prior to the occupation of the development, the existing vehicle access and associated crossover between the subject land and Dunnett Road shall be upgraded, sealed and drained to the specification and satisfaction of the Shire of Manjimup.

8. All stormwater and drainage runoff is to be retained on the subject property to the satisfaction of the Shire of Manjimup;

9. Any external lighting proposed 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;

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

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

Advises the applicant:

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

b) The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016, Food Act 2008 and the National Construction Code 2016. Further information can be obtained from the Shire of Manjimup’s Environmental Health Team.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28948

Reference	Document Title	Date Received
Sheet 1	KVC Hopshed Gallery	25 August 2022
Sheet 2	North Elevation	25 August 2022
Sheet 3	South Elevation	25 August 2022
Sheet 4	East Elevation	25 August 2022
Sheet 5	West Elevation	25 August 2022
BAL Report	Bushfire Attack Level Assessment Report	18 August 2022

3. The management and emergency evacuation details approved in accordance with condition No 2 above shall be implemented on an ongoing basis to the satisfaction of the local government;

b) thereafter be maintained to the satisfaction of the Council.

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

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

7. Prior to the occupation of the development, the existing vehicle access and associated crossover between the subject land and Dunnett Road shall be upgraded, sealed and drained to the specification and satisfaction of the Shire of Manjimup.

8. All stormwater and drainage runoff is to be retained on the subject property to the satisfaction of the Shire of Manjimup;

Advises the applicant:

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

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.7.1 Application to Keep More Than Two Dogs at Lot 46 (35) Cole Street, Manjimup

PROPONENT	Mr Julian Ure
OWNER	Mr J R Giadresco
LOCATION / ADDRESS:	Lot 46 (35) Cole Street, Manjimup
WARD:	Central
ZONE:	Residential
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F161271-002
LEGISLATION:	Dog Act 1976 Shire of Manjimup Dogs Local Law 2004
AUTHOR:	Ashleigh Reeve
DATE OF REPORT:	19 October 2022
DECLARATION OF INTEREST:	The Shire of Manjimup’s Senior Governance Officer is the landowner of the subject property. They have not taken part in the assessment of this application.

Background:

On the 16 September 2022, the Shire of Manjimup received an Application to Keep More Than Two Dogs at 35 Cole Street, Manjimup.

	Breed	Age	Microchip	Sterilised	Sex	Registration
1	Siberian Husky	3 Years	941 000 024 090 143	Yes	Female	5386
2	Border Collie	1 Year	941 000 026 565 213	No	Male	379/2022
3	Border Collie	2 Years	953 010 004 740 493	No	Male	378/2022

The Siberian Husky is currently residing in Perth with a family member of the Applicant’s until Council’s decision is made. The two Border Collies currently reside at the address and are registered to the other two tenants.

The applicant has stated they are “from Perth and moved down for a job (school teacher). I have permanency now and would like her to live with me”. Further into the application that also state they plan to reside in Manjimup “long-term”.

The application, when originally submitted, stated that Dog 1 was not sterilised. After further discussion with the dog owner/applicant, the application was placed on hold until the Husky had been sterilised. Confirmation in the form of a sterilisation certificate was received by the Shire of Manjimup which stated the procedure had been completed on the 6 October 2022 at Malaga Veterinarian Clinic.

A copy of the Application and sterilisation certificate is shown attached.

ATTACHMENT: 9.7.1 (1)

PUBLIC Consultation Undertaken:

The Shire of Manjimup sent notification to two separate adjoining properties and the property landowner asking for comment within a 14 day period.

One comment was received which was from the property owner, which states they do not object to the application. A copy of the submission is attached.

ATTACHMENT: 9.7.1 (2)

COMMENT (Includes Options):

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

Limitation on Number of Dogs

In accordance with the Shire of Manjimup Dogs Local Laws 2004 Part 3 Clause 3.2 (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act;

a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated within a townsite or Reserve 38881, Windy Harbour or Quinninup as defined in Clause 5.2 (1)(b); or

b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated outside a townsite.

Council Policy

At the Shire of Manjimup Ordinary Council Meeting held on 27 May 2021, Council readopted Policy 5.2.5 - Applications to Keep Additional Dogs or Cats (the Policy) to guide the assessment of applications to keep additional dogs or cats. In accordance with the Policy, applications shall only be permitted where the following reasons apply:

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

ii. Sudden family emergency and dog/cat inherited;

iii. Merging of two households; and

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

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

a) Just wanting another dog/cat;

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

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

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

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

f) For breeding purposes, unless the owner is a registered breeder and the premises have been approved as an Animal Establishment in accordance with the provisions of the Shire of Manjimup’s Local Planning Scheme No 4; and

g) Applications seeking to keep declared or restricted breeds.

The provisions of the policy did not take into account situations involving shared housing. Given the current housing market, and significantly limited number of rentals available within the townsite, this situation is becoming more common.

Given the current housing market and the fact there are three tenants at the property who have lived there for an equal amount of time, who individually own one dog each, it is recommended consideration be given to granting the request.

Suitability of Property

The subject property has an area of 776m². Upon inspection by Shire Officers, it has been noted that the property has secure fencing and sufficient room for three dogs to exercise freely without escaping from the property. As the property is under rental agreement, the landowner has been notified as per the application requirements.

Ownership History

There are three tenants residing at the property as previously mentioned, with everyone owning one dog as per the application. Dog 1 still resides in Perth although the applicant (registered owner) wishes to have her reside with him in Manjimup.

Complaint History

At the time of writing, the Shire of Manjimup has no record of written complaints of the dogs listed within the application, although there is a record of a verbal barking complaint received in March 2022. A barking diary had been issued to the complainant, but it was never completed or resubmitted. As a result, there are no outstanding issues.

Conclusion

In conclusion, it is recommended that the application be approved for the following reasons:

· The property has secure fencing which is suitable and is of sufficient size which is deemed appropriate for the keeping of the dogs as proposed;

· There is no risk of breeding occurring at the property as the female dog is sterilised;

· The property owner and adjoining neighbours do not object to the application;

· There is no written recorded complaints/outstanding issues regarding the dogs to date; and

· All three dogs listed within the application are registered and microchipped as per legislative requirements.

STATUTORY ENVIRONMENT:

Dog Act 1976 Section 26 (1)(a)

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

Policy / Strategic Implications:

As outlined within the comment section above, the proposal as submitted may be deemed consistent with the requirements of Policy 5.2.5 - Applications to Keep Additional Dogs or Cats depending on how the request is interpreted.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Provided each individual owner complies with the requirements of the Dog Act 1976 and the Shire of Manjimup Dogs Local Law 2004, no negative social implications are anticipated should the exemption be granted.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council grant an exemption pursuant to Shire of Manjimup Dogs Local Law 2004 Part 3 Clause 3.2 (2) in order to keep three dogs on and within Lot 46 (35) Cole Street, Manjimup, subject to compliance with the following conditions;

1. This approval relates to the keeping of the following dogs only:

Breed	Age	Microchip	Sterilised	Sex	Registration
Siberian Husky	3 Years	941 000 024 090 143	Yes	Female	5386
Border Collie	1 Year	941 000 026 565 213	No	Male	379/2022
Border Collie	2 Years	953 010 004 740 493	No	Male	378/2022

2. The applicants/owners of the dogs shall ensure that the dogs are managed so as to not leave the property unaccompanied or exhibit nuisance behaviour;

3. The dogs hereby approved shall not be substituted or replaced unless otherwise approved by Council;

4. Once the numbers as approved have been reduced to two dogs, this exemption is no longer valid;

5. This exemption is not transferrable to other dogs or another property without the prior approval of the Shire of Manjimup; and

6. Should any of the approval conditions not be met, substantiated complaints received, legal contraventions or nuisance behaviour occurs whilst keeping of additional dogs on the property, this exemption may be revoked.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28949

1. This approval relates to the keeping of the following dogs only:

Breed	Age	Microchip	Sterilised	Sex	Registration
Siberian Husky	3 Years	941 000 024 090 143	Yes	Female	5386
Border Collie	1 Year	941 000 026 565 213	No	Male	379/2022
Border Collie	2 Years	953 010 004 740 493	No	Male	378/2022

2. The applicants/owners of the dogs shall ensure that the dogs are managed so as to not leave the property unaccompanied or exhibit nuisance behaviour;

3. The dogs hereby approved shall not be substituted or replaced unless otherwise approved by Council;

4. Once the numbers as approved have been reduced to two dogs, this exemption is no longer valid;

5. This exemption is not transferrable to other dogs or another property without the prior approval of the Shire of Manjimup; and

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.13.1 Consideration of Public Submissions for the Naming of Laneways in Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Laneways between Ipsen and Duffield Streets, Lock and Duffield Streets and Arnott and Somerville Streets, Manjimup
WARD:	Central
ZONE:	Road Reserve
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170077
LEGISLATION:	Local Government Act 1995, Land Administration Act 1997
AUTHOR:	Yvonne Brown
DATE OF REPORT:	28 October 2022
DECLARATION OF INTEREST:	The Director of Community Services has a proximity interest given she resides adjacent one of the laneways and has also made a submission. The Director has had no input into the preparation of this report.

Background:

A request was received in December 2021 from a resident to name an un-named laneway between Arnott and Highfield Street, Manjimup. After investigation into the tenure of the laneway it was found to be freehold land. As such the Shire has no management responsibilities over this laneway and cannot name it. Currently there are only three laneways that are under the care and control of the Shire of Manjimup and are unnamed, the remainder of the un-named laneways in the townsite are freehold.

Location Map

Diagram

Description automatically generated

The locations of the three un-named laneways are:

· between Ipsen Street and Duffield Street;

· between Lock Street and Duffield Street; and

· between Arnott Street and Somerville Street.

In order to proceed with the process of naming these laneways, a period of public consultation was carried out requesting submissions for the naming of the three laneways. All submission were then presented to Landgate for validation with only the compliant submissions being presented to Council for consideration.

PUBLIC Consultation Undertaken:

The Local Government Act 1995 and Landgate Polices and Standards for Geographical Names in Western Australia 2017, require that the Shire publicly consult with the wider community, which includes specific consultation with local Traditional Owner Groups, regarding laneway naming for a period of 4 weeks.

The request for public submissions was advertised in the Manjimup Bridgetown Times on Wednesday 31 August 2022. Correspondence was sent to all owners of the properties that backed onto the laneways, the South West Aboriginal Land & Sea Council (SWALSC), Walgenup Aboriginal Council and Members of Reconciliation Advisory Committee.

During the advertising and public comment period of 31 August to 7 October 2022 (37 days inclusive) 6 submissions were received. All 6 submission were entered into the Landgate Toolkit for Local Government to check preliminary validation.

Attached is a summary of the submissions with validation outcomes and corresponding officer comments.

ATTACHMENT: 9.13.1 (1)

COMMENT (Includes Options):

A selection criteria was provided at the time of public consultation to guide applicants when making a submission. The guidelines are an extract from the Landgate Polices and Standards for Geographical Names in Western Australia under section 1.4.2. Unfortunately, not all submissions have met the requirements set out by Landgate or passed the preliminary validation. A copy of all the submissions is attached.

ATTACHMENT: 9.13.1 (2)

Council is now asked to consider the results of the advertisement and public comment period, having regard for the submissions received. It is requested that Council approve the names Luzny Lane, Koolbardi Lane, Dwanart Lane, Glennie Lane and Aiken Lane to be used for the consultation purpose.

The results of the laneway naming process will be presented Council for its final consideration and prioritisation.

STATUTORY ENVIRONMENT:

Local Government Act 1995 and Land Administration Act 1997.

Landgate Polices and Standards for Geographical Names in Western Australia.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

New road signs to be installed. This is a minor cost absorbed by the Shire operational budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Naming of access roads increases the ability for emergency services and visitors to find properties. The proposal also supports laneway names in the general ethos and intent of the Shire of Manjimup Reflect Reconciliation Action Plan (endorsed October 2021) Respect Action 8 “Build visible demonstration of respect to Aboriginal and Torres Strait Islander people within the Shire of Manjimup communities”.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council;

1. Endorse the names Luzny Lane, Koolbardi Lane, Dwanart Lane, Glennie Lane and Aiken Lane for the three un-named laneways;

2. Approve the public consultation for a period of 4 weeks; and

3. Request the Chief Executive Officer to prepare a report for Council’s final consideration that provides the results of the consultation, along with prioritisation of names to be used.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28951

That Council;

1. Endorse the names Luzny Lane, Koolbardi Lane, Dwanart Lane, Glennie Lane and Aiken Lane for the three un-named laneways;

2. Approve the public consultation for a period of 4 weeks; and

3. Request the Chief Executive Officer to prepare a report for Council’s final consideration that provides the results of the consultation, along with prioritisation of names to be used.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.14.1 Proposed Award of Tender RFT 02/22 Concrete Footpath Construction for the Shire of Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	All
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180314
LEGISLATION:	Local Government Act 1995 Local Government (Functions and General) Regulations 1996
AUTHOR:	Michael Leers
DATE OF REPORT:	4 October 2022
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has confirmed funding under the Federal Government’s Local Roads and Community Infrastructure (LRCI) program as well as from the Western Australian Bike Network (WABN) program for the construction of over two linear kilometres of concrete footpath during the 2022/23 financial year. The Shire of Manjimup does not have the in-house skills nor the capacity to undertake such works, therefore it is proposed to engage the services of a contractor to undertake the construction works for all concrete paths. The value of these works exceeds the threshold that requires a Tender under the Local Government (Functions and General) Regulations, 1996 and therefore Request for Tender (RFT) 02/22 Concrete Footpath Construction for the Shire of Manjimup was advertised.

The intent of the RFT is to appoint a single civil contractor for a period of one year to undertake the construction of concrete footpaths totalling approximately 4,000m². The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender RFT 02/22 Concrete Footpath Construction for the Shire of Manjimup.

PUBLIC Consultation Undertaken:

In accordance with the requirements of the Local Government Act 1995, Tender RFT 02/22 Concrete Footpath Construction seeking the services of appropriately experienced contractors to Tender for the construction of concrete footpaths of varying widths, was advertised in the West Australian newspaper and the Manjimup-Bridgetown Times newspaper on the 5 October 2022 and the Shire website from 28 September to 26 October. Tenders closed at 3pm 27 October 2022.

COMMENT (Includes Options):

Seven prospective Tenderers downloaded documents from the Shire’s website and a total of two (2) Tenders were received.

The Tender evaluation panel comprising three (3) Shire officers independently assessed the Tenders received using an assessment matrix. The assessment scores were then averaged and a summary is presented in the evaluation sheet “RFT 02-22 Concrete Footpath Contract Averaged Scores” attached.

ATTACHMENT: 9.14.1 (1)

The assessment matrix referenced the terms and criteria of the RFT document. Price is weighted at 50% while the criteria for demonstrated experience and ability to deliver construction of concrete footpaths to Shire standards weighted equally at 25% each. The Tenders received were within scope and of an acceptable standard.

	Weighted Scores
	(a) Experience	(b) Ability to Deliver	(c) Price	Total Score	Ranking
Jetline Kerbing Contractors	18.3	18.3	32.1	68.7	1
Hawthorn Civil and Mining Services	20.8	21.7	17.9	60.4	2

Based on the information received and assessed, the Tender evaluation panel recommends the Tender RFT 02/22 Concrete Footpath Construction be awarded to the conforming and highest ranking contractor, Jetline Kerbing Contractors.

Shire Officers would also like to bring to Council’s attention the increased cost of concrete and other footpath construction associated material have risen by more than 20%. The most significant being the cost of concrete itself increasing by more than 30% since Shire Officers undertook the original cost estimations for this project in 2021/22. The result of this price increase will be a reduction in the number of projects.

To assist the Shire with reducing the scope of the program, Officers referred to Council’s Road Infrastructure Advisory Committee meeting on 18 November 2021 regarding the prioritisation of concrete slab foot replacement works, with Bath Street and Ipsen Street being the higher priority projects due to their condition and type of traffic. Given that Hospital Avenue is also serviced by a footpath on both sides of the street, with most of the footpath in serviceable condition, the Shire will defer replacing the slab footpath on this street at this stage.

STATUTORY ENVIRONMENT:

Local Government Act 1995, Local Government (Functions and General) Regulations 1996.

Policy / Strategic Implications:

Addressing the Shire’s adopted 2022/23 Annual Budget, the Shire’s 2017-27 Local Bicycle and Footpath Plan as well as the WABN funding agreement, fixed rates for the construction of concrete footpaths for a 1-year period ensures practical and economic advantages for timely and cost efficient delivery of works.

Organisational risk management:

Risk mitigation has been achieved by the following:

· The Shire's Request For Tender process, with a Tender evaluation panel consisting of three (3) members completing the Tender assessment matrix and summarised their findings;

· The Tender evaluation panel have recommended a Tenderer that provides best value for money;

· Reference checks undertaken; and

· Demonstrated financial sustainability.

Financial Implications:

The recommended Tender is within the overall budget approved for the Shire’s 2022/23 footpath construction program. However, due to the different funding sources for each of the individual projects, the total cost for all of the slab footpath replacement projects is over the available funding source contribution and, as discussed above, not all of these projects cannot be completed at this stage.

Sustainability:

Environmental: The construction of the paths will meet current State and/or Shire standards.

Economic: The practical and economic advantages of using a secured of contractors are significant.

Social: A safe and useable path network ensures good health and social cohesion.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Award RFT 02/22, Concrete Footpath Construction for the Shire of Manjimup to Jetline Kerbing Contractors for a price of $377,165 (inc GST) for the term of a one year contract, in accordance with their submitted Tender Response; and

2. Utilise the same contractor under the terms and conditions of this contract for additional Council approved works.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28952

That Council:

2. Utilise the same contractor under the terms and conditions of this contract for additional Council approved works.

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.1.1 Proposed Budget Amendment - Installation of Ordinary Council Meeting Audio - Visual System

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F220176
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24 October 2022
DECLARATION OF INTEREST:	Nil

Background:

With the pending introduction of new legislative reforms across the local government sector in 2023, the Shire of Manjimup will be required by the State Government to livestream its Ordinary Council Meetings (OCM) to the public via the Shire of Manjimup website.

The adopted Shire of Manjimup 2022/23 annual budget contains an allocation of $60,000 to acquire and install a new audio-visual system dedicated to the livestreaming of OCMs.

Shire Officers initially sought a quote for the installation of the new audio-visual system that included the retention of the current audio discussion/speaker system in use in the Council Chamber. The retention of the speaker system was to minimise the cost of the project. Upon secondary review of the quote, Shire staff now recommend that the current audio discussion/speaker system be upgraded to a new system.

This allocation is made on the basis that:

· the existing system is 10+ years old;

· replacement parts are unable to be easily sourced in the event of a breakdown as the system is no longer in production;

· that the combination of old and new technologies is generally problematic; and

· The current audio system can be directly repurposed for use as a ‘travelling’ audio system when Council meetings are held outside of Manjimup.

Furthermore, it was also identified through the secondary review that the existing cabling in the Council Chamber is unable to support the proposed new system, and new fibre cabling will need to be installed.

Council is requested to consider amending the budget to accommodate the need to install new cabling in the Council Chamber and replace the current audio discussion/speaker system.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

As outlined in Background section of this item, it has been identified by Shire staff that the current audio system needs upgrading and cabling needs to be installed.

The initial quote for the installation of a new audio – visual system returned a value of $50,763 (ex. GST) which was within the allocated budget. The revised quote, inclusive of the new audio discussion/speaker system, has returned a cost of $70,488 (ex. GST). With the addition of the new components, this has increased the total system cost by an additional $19,725 (ex. GST).

New fibre cabling, electrical works and the purchase and installation of a new communications rack, uninterruptible power supply (UPS), network switch and 4 fibre transceivers will need to be installed. The quote on the new cabling required in the Chamber to allow for the installation of the new system has returned an approximate cost of $24,400 (ex. GST).

At a total cost of $94,888, the additional funds will ensure that a highly functional audio – visual system is installed in the Council Chambers to facilitate livestreaming to the wider Shire community. It is anticipated that investment in a new audio discussion/speaker system will offset the need to invest in a system in the future and integrate that system into the existing components in the Council Chamber. Shire Officers seek the endorsement of the budget adjustment as requested and to authorise the associated expenditure.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

The need for installation of livestreaming technology is driven by the local government reforms that will soon be legislated in the coming months by the current WA Labour Government.

The request for additional expenditure will assist Council in delivering on a number of identified strategies within the Strategic Community Plan 2021 -2031 and an action item within the Corporate Business Plan 2022 -2026, including:

· E7. Keep the community well informed about Shire activities and provide genuine opportunities for the community to participate in decision-making.

· E8. Increase elected member interactions with constituents to better represent the diverse needs and priorities of the different communities within the Shire.

· E11. Embrace and increase the use of new technologies to better deliver services and communicate with the community.

o E11.1 Seek opportunities to better use technologies to deliver or improve services and communications.

Organisational risk management:

There is potential for the audio – visual system to be ineffective in delivering a clear, quality livestream to the public should the additional technology described above not be funded. This may cause the Shire reputational damage should the livestream fail during use in an OCM through a perceived lack of transparency.

Financial Implications:

The additional $34,888 sought to account for the new audio discussion/speaker system and installation of fibre cabling is available to be sourced from the funding line General Purpose - Financial Assistance Grants, which currently has $62,436 available. The remaining $27,548 will be considered through future budget reviews.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Livestreaming of Ordinary Council Meetings will assist in the broader engagement of Council with the wider Shire community and promote a broader appreciation for the Council decision-making process.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council approve the budget amendment of $34,888 from “General Purpose – Financial Assistance Grants” to Capital Expenditure Item #2967 “Live Stream Council Meetings” in accordance with the table below:

Description	Current Budget	Revised Budget 2022/23	Variation
General Purpose – Financial Assistance Grants	($772,919)	($807,807)	($34,888)
Capital Item #2967 – Live Stream Council Meetings	$60,000	$94,888	$34,888
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Jenkins, D

28954

Description	Current Budget	Revised Budget 2022/23	Variation
General Purpose – Financial Assistance Grants	($772,919)	($807,807)	($34,888)
Capital Item #2967 – Live Stream Council Meetings	$60,000	$94,888	$34,888
Net Rate Funds			$0

CARRIED: 10/0

ATTACHMENT

APPENDIX

9.1.2 Proposed 2023 Register of Delegations Under Council Policy

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161497
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24 October 2022
DECLARATION OF INTEREST:	Nil

Background:

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

APPENDIX: 9.1.2 (A)

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

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

ATTACHMENT: 9.1.2 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

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

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

· The inclusion of new policies adopted by Council;

· The removal of policies rescinded by Council;

· The renumbering of policies; and

· The updating of Officer position titles.

STATUTORY ENVIRONMENT:

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

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

· Any decision requiring an absolute or special majority;

· Awarding a tender over the tender threshold;

· Appointing an auditor;

· Acquiring or disposing property exceeding prescribed amount;

· Determining members fees;

· Borrowing funds;

· Determining an objection to a decision; or

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

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

Policy / Strategic Implications:

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

Organisational risk management:

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

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

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

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council in accordance with Section 5.42 (1) of the Local Government Act 1995 delegate the exercise of its powers and duties in accordance with the “2023 Register of Delegations under Council Policy” as contained in Attachment 9.1.2 (1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Eiby, W

28955

CARRIED: 10/0

ATTACHMENT

APPENDIX

9.1.3 Proposed 2023 Register of Delegations, Authorisations and Appointments

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161497
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24 October 2022
DECLARATION OF INTEREST:	Nil

Background:

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

Council’s delegations were last reviewed on 16 November 2021, and the 2022 Register of Delegations, Authorisations and Appointments (the 2022 Register) is appended for information.

APPENDIX: 9.1.3 (A)

The review of this document is to be undertaken yearly. The proposed 2023 Register of Delegations, Authorisations and Appointments (the Register) is attached, and Council’s endorsement of this Register is now sought.

ATTACHMENT: 9.1.3 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Purpose of Delegated Authority

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

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

Council has historically provided significant delegation to Officers to enable the efficient execution of the Shire’s functions and activities. The attached Register is consistent with the requirements of the Local Government Act 1995 to review such delegations annually.

Amendments

The register was forwarded to the Western Australian Local Government Association (WALGA) in September 2022 for their review. Pertinent recommendations made by WALGA have been incorporated into the proposed register.

The primary matters for adjustment in this year’s review are centred on officer authorisations. The Shire CEO now has the legislative power to appoint authorised officers under the Local Government Act 1995. This has resulted in the streamlining of the delegations to appoint authorised officers and the removal of redundant delegations.

All amendments made to the register are located on the rear pages of Attachment 9.1.3(1). The listing contains the reasons for the adjustment, addition, or removal of delegations from the register.

No other changes to the Register have been undertaken.

STATUTORY ENVIRONMENT:

Local Government Act 1995

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

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

· Any decision requiring an absolute or special majority;

· Awarding a tender over the tender threshold;

· Appointing an auditor;

· Acquiring or disposing property exceeding prescribed amount;

· Determining members fees;

· Borrowing funds;

· Determining an objection to a decision; or

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

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

Other Acts

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

Policy / Strategic Implications:

Organisational risk management:

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

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

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

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

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Taylor, R

28956

CARRIED: 10/0

9.3.1 Proposed Replacement Projects - Local Roads and Community Infrastructure Program (Round 3)

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160191
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	18 November 2022
DECLARATION OF INTEREST:	Nil

Background:

At the Council meeting on the 13 April 2022 Council proposed and endorsed 10 major projects that would be requested to be funded through the Local Roads and Community Infrastructure Program (LRCIP) Phase 3.

On application, the Department of Infrastructure, Transport and Regional Development (DITRD) deemed 1 item to not meet the intent of the grant funding and on that basis was rejected. The project in question was the “Evacuation Centre Generator/Supply Trailers - $100,000” and whilst DITRD believed it had merit the Trailers fitted the classification of Plant & Equipment rather than the intended, Community Infrastructure (Roads, Footpaths and Buildings).

The purpose of this agenda item is to reallocate the $100,000 that was previously allocated to the Evacuation Centre Trailers.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

On the 29 September 2022 Council endorsed the minutes and recommendations from the Road Infrastructure Advisory Committee meeting held 8 September 2022. Below is an extract from the endorsed Officer’s recommendation;

4. Approve portion of the remaining Phase 3 Local Roads and Community Infrastructure budget be spent on Pemberton Mainstreet projects, with $20,000 for the purchase and installation of a Speed Indicator Device (at site of trial) and $60,000 for a footpath along Brockman Street from the Pemberton Mill Hall to Club Road and along Brockman Street from Ellis Street to Robinson Street.

Considering the above recommendation, $20,000 of funding remains unallocated. During the informal session of Council on the 20 October 2022 Councillor Eiby proposed the remaining $20,000 be allocated to upgrade the slab footpath near the Northcliffe Public Toilets. Shire Officers support this project given the availability of contractors and the economies of scale, as it can be undertaken with other programmed footpath projects in Northcliffe.

STATUTORY ENVIRONMENT:

Section 6.8 (1) of the Local Government Act 1995 requires that expenditure not be incurred for an additional purpose unless authorised by Council.

Policy / Strategic Implications:

The Corporate Business Plan 2022-2026 has been considered when identifying appropriate projects for funding. The following activities will be met if the proposed projects are approved:

· C11.2 Implement strategies contained in the Access & Inclusion Plan 2018-2023; and

· D9 Develop town centres to showcase their unique characters and encourage vibrant, mixed-use commercial and public spaces; and

· D18.1 Implement the 15-year Forward Capital Works Program 2021-2036 in relation to footpaths (informed by Local Bicycle Plan including Footpath Plan 2017 - 2027 and other influencing factors).

Organisational risk management:

Nil.

Financial Implications:

If approved, 2 of the footpath projects will see the renewal of existing assets improving their condition, level of service and extending the asset lives.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Improved pathway networks and access to town facilities will improve the liveability of the Shire, as well as assist in capturing the visitor economy supporting the recovery of those communities.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council endorse the proposed replacement projects for submission for the Local Roads and Community Infrastructure Program Round 3 funding, and amend the 2022/23 adopted budget as per the table below:

Description	Current 2022/2023 Budget	Revised 2022/2023 Budget	Variation
Evacuation Centre Trailers – Generator / Supplies	($100,000)	$0	($100,000)
Speed Indicator Device - Pemberton	$0	$20,000	$20,000
Footpath Renewal - Pemberton	$0	$60,000	$60,000
Footpath Renewal – Northcliffe	$0	$20,000	$20,000
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Ventris, M

28958

Description	Current 2022/2023 Budget	Revised 2022/2023 Budget	Variation
Evacuation Centre Trailers – Generator / Supplies	($100,000)	$0	($100,000)
Speed Indicator Device - Pemberton	$0	$20,000	$20,000
Footpath Renewal - Pemberton	$0	$60,000	$60,000
Footpath Renewal – Northcliffe	$0	$20,000	$20,000
Net Rate Funds			$0

CARRIED: 10/0

ATTACHMENT

9.5.2 Proposed Rural Workers Accommodation at Lot 2 (22) Starkies Road, Middlesex

PROPONENT	Newton Orchards Farming Pty Ltd
OWNER	Craven Park Pty Ltd & Warren Cold Storage and Fruit Packing
LOCATION / ADDRESS:	Lot 2 (22) Starkies Road, Middlesex
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA22/162; P52765
LEGISLATION:	Planning & Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	20 October 2022
DECLARATION OF INTEREST:	The Shire’s Director of Community Services’ partner is the landowner and was not involved in the preparation or assessment of this agenda item.

Background:

The purpose of this report is for Council to consider an application for proposed ‘Rural Workers Accommodation’ at Lot 2 (22) Starkies Road, Middlesex. A location plan is shown below.

Location Plan

The subject site has an area of 58.5ha and forms part of an orchard with Lot 5213 Middlesex Road and Lot 699 Starkies Road, Middlesex and currently contains a dwelling, two outbuildings, two water tanks as well as two dams.

The application is seeking approval for six (6) transportable buildings, with each building consisting of 4 bedrooms with ensuites (i.e. a total of 24 units), together with a separate building containing a communal area and kitchen. The proponent has indicated that each bedroom will cater for 1 to 2 persons (24-48) persons. As shown on the submitted plans, an external verandah is proposed to connect all buildings.

If approved the accommodation and communal facilities will be located in front of the existing dwelling and outbuildings and setback 47m from the northern boundary and 25m from the western side boundary. Details of the application are provided attached.

ATTACHMENT: 9.5.2 (1)

Council is requested to consider the application as Shire officers do not have delegated authority to consider the application given that objections have been received.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme) for a 21-day period, including correspondence to adjoining landowners. Three adjoining landowners to the west have lodged submissions, objecting to the proposal on various grounds. A summary of the submissions received is shown attached, whilst comment on the grounds of the objections is provided in the Comment section below.

ATTACHMENT: 9.5.2 (2)

COMMENT (Includes Options):

The provisions of the Scheme include the subject site and the surrounding properties within the Priority Agriculture Zone.

Clause 10.2 of the Scheme prescribes that in determining applications for planning approval, the local government must have regard to various matters. Relevant considerations for subject application are as follows:

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

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

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

(xxvi) any relevant submissions received on the application.

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

Zone Purpose and Objectives

As detailed within part 4.4 of the Scheme, the purpose of the Priority Agriculture Zone is to provide for the sustainable use of high-quality agricultural land, particularly where water resources exist and to provide for intensive agricultural and horticultural production, including market gardens, orchards and vineyard enterprises.

Consistent with this purpose, the objectives of the zone include a requirement to “avoid the introduction of land uses and subdivision not related to agriculture including rural residential proposals”.

As the occupants of the accommodation will be workers employed in the horticulture industry, the proposed use is considered to be consistent with the purpose and objectives of the zone.

Land Use Classification

The Scheme defines “Rural Workers’ Accommodation” as a “building located on a rural landholding which is used for short stay, sleeping quarters for seasonal, temporary or migratory workers working on that landholding and is to be incidental to the use of that land.” The application as submitted is considered to be consistent with this definition.

“Short Stay” is defined by the Scheme as being a period of not more than a total of (3) months within any one (1) twelve (12) month period. If approved, it is recommended that a condition be imposed reflecting compliance with the definition of short stay.

Land Use Permissibility

‘Rural Workers’ Accommodation’ is an ‘A’ land use within the zone. An ‘A’ land use being a use, which is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6. As detailed in the public consultation section above, advertising of the application has been completed.

Development Standards

The Scheme outlines that the minimum required setbacks for development within the Priority Agriculture Zone are:

Minimum Front Setback – 30 metres

Minimum Side Setback – 10 metres

Minimum Rear Setback – 30 metres

Notwithstanding the above, clause 5.34.2.4 (4)(c) of the scheme states that “The local government may however require greater setbacks to effectively manage buffers, environmental impacts, and any other potential land use conflict to which could arise in the opinion of the local government.”

As detailed on the submitted plans, the proposed Rural Workers Accommodation is setback a minimum of 47 metres from the northern boundary and 25m from the western boundary. This location is approximately 1,400m to the southern boundary and 502m to the eastern side boundary. The proposed setbacks are therefore in excess of minimum standards prescribed by the scheme.

It is however noted that the submitted plans detail 10 proposed parking bays within 10 metres of the western side boundary. Further comment on the proposed setbacks are provided under the heading of Amenity below.

Demonstrated Demand

Clause 5.34.2.7 of the Scheme states that where a property has been developed for agricultural purposes, ‘Rural Worker’s Accommodation’ is permitted provided it can be demonstrated to the satisfaction of the local government that a demand exists. As detailed in the background section above, the subject land is developed with a substantial orchard and associated dams.

In addition to other landholdings within the Shire, the proponents hold a total of 5 interconnecting properties between Starkies Road and Middlesex Road. Including this property, there is a total of 134.1948ha of land that is primarily used for horticulture consisting of orchards and water storage (dams). The provision of workers accommodation on-site is therefore considered to be justified.

The applicants have advised that the proposed accommodation units will provide flexibility to attract and retain staff during the harvest period.

Proposed Occupancy

As detailed in the background section, the proponents have identified that each bedroom will be used for 1-2 workers (i.e. 24-48 workers will occupy the development). Whilst this comment is noted, the application has been assessed on the basis of a maximum occupancy of 24 persons on the basis that Shire Officers are aware that an application has been made to the Department of Health for approval to an effluent disposal system to cater for 24 persons.

This has been discussed with the applicant, who has indicated a preference for the application to be assessed on the basis of 24 persons, given the delays in approvals that would result if the application to the Department of Health was to be amended. The applicant has been made aware that should they wish to increase the number of occupants in the future, a revised application for increased numbers will need to be made to both the Shire and Department of Health.

Amenity

As reflected within the Schedule of Submissions shown at Attachment: 9.5.2(2), the objections received detail concerns regarding the impacts on amenity associated with the location of the proposed development and potential impacts through noise from the occupants and increased traffic, and light intrusion.

As shown at Attachment: 9.5.2(1), the proposal has been designed in a “U” shape, with two rows of accommodation separated by a 22 metres central area. The communal facilities being located on the southern end of the central area. It should also be noted that all doors to the individual accommodation units face eastward, with no openings facing the western boundary. This design minimises the potential for noise associated with after hour activities to be minimised.

It is also noted that:

i) Dwellings on the three adjacent landholdings, from which objections have been received are located between 168m to 210m from the common boundary with the subject land;

ii) The proposed accommodation building(s) will be separated from these dwellings by distances between 192 metres to 239 metres;

iii) The rear of the two properties closest to the proposed accommodation are developed with orchards;

iv) Outbuildings and rainwater tanks are located at the rear of the closest two dwellings, further limiting any visual impact; and

v) The dwellings on the three adjacent properties are located between 10m and 35m from their boundary to the South Western Highway.

The above said, in order to further reduce the potential impacts associated with use of the proposed parking bays, it is recommended that the parking area be relocated to the south of the proposed accommodation. This can be achieved by moving the proposed buildings approximately 5-6 metres northward and placing the bays between the new development and an existing internal driveway.

Relocation of the bays as proposed above would also allow an opportunity for the landowners to retain portion of the existing orchard located to the west of the new buildings, further screening the development from view of the adjacent land.

Should the application be approved, it is also recommended that appropriate conditions regarding the placement of lighting to minimise light intrusion and a requirement for a management plan detailing ongoing management arrangements inclusive of a requirement for an on-site manager.

Comparison with Stella Violets

Submission No 3 as shown at Attachment: 9.5.2(2) makes comparisons between the subject development and that being pursued by Stella Violets on Middlesex Road. In the case of Stella Violets, a number of land uses were being proposed that could not legally be entertained within the Priority Agriculture Zone. As a result, a scheme amendment was required. This is not the case with respect to the current proposal, which can be approved under the current zoning.

With reference to comment 7 of that submission, the Stella Violets proposal involved accommodation of a significant number of people in various forms of holiday accommodation. Appropriate setbacks a vegetated buffer was required to ensure adequate separation from agricultural activity and minimise the potential for land use conflict. In this case as the occupants of the accommodation are rural workers, they are aware of the potential impacts and there is little or no potential for land use conflict.

Laundry and Kitchen Facilities

The plans show that there is no laundry within the communal facility. The applicant has stated that there is a laundry within the existing dwelling that the workers can use.

Clause 8 of the Shire of Manjimup Health Local Laws 2020 relates to registration as well as construction and use requirements. Under part 8.11 it states that a landowner is to provide a laundry unit for each 15 lodgers/workers. The laundry unit is to have 2 washing machines, 2 troughs, 2 dryers or 60m of line for 24 workers.

Also, the plans show for the kitchen area that there is one stove and one sink. For 24 workers, there would need to be at least 1 oven and 2 by 4 burners. A greater level of facilities would be required for more than 24 workers.

Should the application be approved, it is recommended that a condition be imposed to the applicant to submit revised drawings that addressing the laundry kitchen requirements.

Water Supply

In accordance with clause 5.21 of the Scheme, there is a need to ensure a suitable source of potable water is available to service the development. As a guide, clause 5.24 of the Scheme states that dwellings without reticulated water supply should be connected to a rainwater tank with a minimum capacity of 120,000 litres. Where in addition, water is required for firefighting purposes, this capacity should be increased to 135,000.

With a dwelling being defined as a building accommodating not more than 6 persons who do not comprise a single family, it is recommended that the applicants be required to provide four rainwater tanks, a minimum of two with a capacity of 135,000 litres located so as to ensure access for firefighting.

A condition reflecting this requirement has been included in the Officer Recommendation.

Adjoining Landowner Submissions

As mentioned above, three submissions were received on the proposal who have stated that they object to the proposal on various grounds. In terms of potential impact on amenity, the content of the submissions has been addressed under the heading Amenity.

Two of the submissions also raise concern over the potential for trespass and associated issues with safety and biosecurity. As elected members are aware entering private property without the landowners’ consent is trespassing, being matter that dealt with by Western Australian Police. Speculation over the potential for future occupants to break the law and trespass is not a valid planning consideration and cannot be supported.

Additionally, the second submission received speculates that approval to the development will result in their property being devalued. Whilst the comments are noted, they are the personal opinion of that author, and have not been substantiated. Objections on this matter are not valid planning considerations and similarly cannot be supported.

Health and Building Requirements

The proposed development will need to meet the requirements of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code to be considered compliant. An appropriate effluent disposal system is required to be installed on site for the proposed development. These aspects will be dealt with a building permit and Environmental Health approvals stage. An advice note in regard to these aspects will be included on any approval granted by Council.

Bushfire Prone Area

The property is located within a ‘bushfire prone’ area by the Department of Fire and Emergency Services. The applicant has had a Bushfire Attack Level (BAL) Assessment undertaken by an accredited Assessor and the overall BAL rating for the property is BAL-LOW.

Conclusion

The application for Rural Workers Accommodation is considered to meet the purpose and objectives of the scheme provisions and the building location exceeds minimum setback requirements. As detailed within the comment section, the potential for impact and land use conflict can be further reduced through various methods including ongoing management requirements and the relocation of the proposed parking bays, allowing the retention of at least some of the existing orchard located between the development and the western side boundary.

Conditional approval to the application is therefore recommended.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The proposal is consistent with the following Community Goals and Strategies as contained within the Shire of Manjimup Strategic Community Plan 2021-2031 as adopted by Council:

Community Goals

2.2 Existing core industries, such as agriculture and timber, are resilient, innovative and sustainable;

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

Strategies

B5. Collaborate with other stakeholders to develop a transient and seasonal worker strategy to balance their safety, accommodation and employment needs with the needs and aspirations of the residential community

Organisational risk management:

Nil.

Financial Implications:

The appropriate application fee has been paid by the proponent.

Sustainability:

Environmental: Nil.

Economic: The application if approved, will allow the agricultural activity on the lot to operate in a more efficient manner.

Social: The adjoining landowners concerns can be conditionally approved.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Local Planning Scheme No. 4 grants approval for ‘Rural Workers Accommodation’ at Lot 2 (22) Starkies Road, Middlesex (Application TP158/2022) as shown at Attachment 9.5.2 (1) and subject to the following conditions and advice:

Reference	Document Title	Date Received
Sheet 1	Concept Plan	6 September 2022
Sheet 2	Site Plan	6 September 2022
Sheet 3	Site Plan – Parking Bay Amendment	6 September 2022
Sheet 4	Unit and Communal Area Layout	6 September 2022
Sheet 5	Elevations - Units	6 September 2022
Sheet 6	Elevations – Communal	6 September 2022

2. Notwithstanding Condition No 1, the plans are to be modified to the satisfaction of the Shire of Manjimup so as to:

a) Ensure the provision of laundry facilities independent of the existing dwelling. 2 washing machines, 2 troughs, 2 dryers or 60m of line;

b) Ensure an adequate supply of water through the provision of not less than 4 rainwater tanks, at least 2 of which are to have a storage capacity of not less than 135,000 litres located in a position so as to be accessible as a source of water for fire fighting. Remaining tanks are to have a capacity of not less than 120,000 litres;

c) Relocate of the 10 proposed parking bays to a position immediately south of the proposed development, utilising access of the internal driveway; and

d) Ensure retention of the existing orchard trees, or installation of alternative screening vegetation between the proposed development and the western boundary to the satisfaction of the Shire of Manjimup;

3. Unless otherwise approved by the Shire of Manjimup, this approval is limited to the accommodation of a maximum of 24 persons at any one time, each being rural workers employed in rural activities undertaken by the landowner;

4. No person, other than an approved manager is to occupy the accommodation hereby approved for more than three (3) months within twelve (12) month period. In this regard, the manager/operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the Shire of Manjimup, and the register shall be made available for perusal by the Shire of Manjimup on demand.

5. Prior to commencement of the use hereby approved, the applicant shall a detailed management plan relating to the ongoing operation of the Rural Workers accommodation, including the employment of an on-site manager at all times;

6. Management and emergency evacuation details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government;

7. The approved use shall be so conducted as not to adversely affect the amenity of the locality by reason of noise, dust, ash, soot or grit, by disturbance, or by the emission of waste water, smoke or other effluvia to the satisfaction of the Shire of Manjimup;

8. Any external lighting proposed on the subject property must be installed as to not have a detrimental impact upon the general amenity of neighbouring properties to the satisfaction of the Shire of Manjimup;

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

10. The car parking spaces, access ways and vehicle manoeuvring areas shown on the approved plan shall be laid out and constructed at the time of the development and prior to the occupation of the land and/or buildings for their approved purpose and those areas shall thereafter be permanently maintained by the owner/occupier as vehicle parking and manoeuvring areas to the satisfaction of the Shire of Manjimup; and

11. 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 of the Shire of Manjimup.

Advises the applicant that:

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

b) The approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 2016 and the National Construction Code 2016. Further information can be obtained from the Shire of Manjimup’s Environmental Health Team.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Jenkins, D

28960

A. That Council in accordance with Part 10 of Local Planning Scheme No. 4 grants approval for ‘Rural Workers Accommodation’ at Lot 2 (22) Starkies Road, Middlesex (Application TP158/2022) as shown at Attachment 9.5.2 (1) and subject to the following conditions and advice:

Reference	Document Title	Date Received
Sheet 1	Concept Plan	6 September 2022
Sheet 2	Site Plan	6 September 2022
Sheet 3	Site Plan – Parking Bay Amendment	6 September 2022
Sheet 4	Unit and Communal Area Layout	6 September 2022
Sheet 5	Elevations - Units	6 September 2022
Sheet 6	Elevations – Communal	6 September 2022

2. Notwithstanding Condition No 1, the plans are to be modified to the satisfaction of the Shire of Manjimup so as to:

a) Ensure the provision of laundry facilities independent of the existing dwelling. 2 washing machines, 2 troughs, 2 dryers or 60m of line;

b) Ensure an adequate supply of water through the provision of not less than 4 rainwater tanks, at least 2 of which are to have a storage capacity of not less than 135,000 litres located in a position so as to be accessible as a source of water for fire fighting. Remaining tanks are to have a capacity of not less than 120,000 litres;

c) Relocate of the 10 proposed parking bays to a position immediately south of the proposed development, utilising access of the internal driveway; and

3. Unless otherwise approved by the Shire of Manjimup, this approval is limited to the accommodation of a maximum of 24 persons at any one time, each being rural workers employed in rural activities undertaken by the landowner;

5. Prior to commencement of the use hereby approved, the applicant shall prepare, to the satisfaction of the Shire of Manjimup, a detailed management plan relating to the ongoing operation of the Rural Workers Accommodation, including measures to be implemented to ensure occupants do not trespass on adjacent land and the employment of an on-site manager at all times.

6. Management and emergency evacuation details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government;

Advises the applicant that:

B. That Council request the Chief Executive Officer prepare an agenda item for consideration at Council’s Ordinary Meeting to be held on 8 December 2022 with the view to commencing a Scheme Amendment process to amend to Local Planning Scheme No 4 to:

i. delete the words “short stay” from the definition of Rural Workers Accommodation as contained within Schedule 1; and

ii. amend the wording of clause 5.34.2.7 to delete the words “for short-stay purposes”.

CARRIED: 10/0

ATTACHMENT

APPENDIX

9.5.7 Proposed Meditation Hall - Lot 4 (6845) South Coast Highway, Walpole

PROPONENT	Mr M Webster
OWNER	Mohanji Foundation Australia Ltd
LOCATION / ADDRESS:	Lot 4 (6845) South Coast Highway, Walpole
WARD:	South
ZONE:	Rural-Residential
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA22/147 & P52984
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	3 November 2022
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for the construction of a Meditation Hall on the subject land (Lot 4), being a 23.1178ha property located on the southern side of the South Coast Highway, one property west of the Shire’s eastern border on the Frankland River as shown on the location plan below.

Location Plan

Map

Description automatically generated

Currently the property contains a primary dwelling, several outbuildings and six chalets, a caretakes cottage along with some recreational facilities and two dams located in the north and south-west portions of the site. At its Ordinary Meeting held on 20 October 2022, Council resolved to grant conditional approval to the establishment of two temples adjacent to the western boundary as shown on the location plan above.

Council is now requested to consider an application for a Meditation Room, being 19.2m by 10.2m with a 4m x 10.2m verandah on the northern side. Plans submitted in support of the application indicates that the building will consist of:

a) A 150m² meditation area being 15m by 10m;

b) A small store room;

c) Ablutions consisting of two female toilets, one male toilet and urinal and a uni-sex accessible compliant toilet; and

d) Kitchen facility.

Copies of the submitted site plan, floor plan and elevations are shown attached along with a copy of supporting correspondence.

ATTACHMENT: 9.5.7(1)

PUBLIC Consultation Undertaken:

The proposal was referred to adjacent landowners for comment over a 21 day period. Additionally, the application was referred to Main Roads WA and the Department of Biodiversity, Conservation and Attractions (DBCA) for comment.

As the close of the comment period, submissions were received from Main Roads WA and DBCA. Copies of the submissions received are shown attached, while their contact is detailed and addressed in the comment section below.

ATTACHMENT: 9.5.7(2)

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the subject land within the Rural-Residential Zone, being Rural-Residential Area No 30 as shown in Appendix 2 of the Scheme. In addition, the Scheme includes the land within the Additional Use Zone, being Area No 11 within Schedule 9 of the Scheme.

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

Matters to be Considered

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

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

(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;

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

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

(xxvii) any other planning consideration the local government considers relevant.

Development History

The existing development, previously known as “Riverside Retreat” was approved under previous Town Planning Scheme No 2. The current Lodging House Approval identifies that there is a total of 14 bedrooms available for a maximum of 29 guests.

As detailed in the background section, Council resolved to approve two temples abutting the western boundary. The temples are described as:

1. A Ganesh Temple – being a simple 3m by 3m structure with a Ganesh statue located on a raised plinth; and

2. A Baba Temple – being an 8m by 12.9m (103m²) building containing a raised plinth being 5.6m by 5.6m featuring a statue of Sai Baba.

Zoning History

The Scheme, as gazetted in December 2010 included the subject land within the “Rural Conservation” Zone. Amendment No 4 to the Scheme, gazetted in February 2014 amended the Scheme provisions relating to Lot 4, by:

1. Rezoning Lot 4 from “Rural Conservation” to “Rural Residential”;

2. Including Rural Residential Zone No 30 within Schedule 2 of the Scheme, introducing a Structure Plan to facilitate subdivision of the land into 10 Rural Residential lots ranging from 1.27ha to 5.76ha; and

3. Including Additional Use A11 within Schedule 9, allowing the ongoing development use of the 5.76ha for tourist development, comprising a residence, 6 chalets and a managers/caretakers residence.

A copy of the approved Structure Plan is appended.

APPENDIX: 9.5.7(A)

Zone Purpose and Objectives

The purpose of the Rural-Residential 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.” Consistent with this purpose, the objectives of the zone in managing and guiding land use, development and subdivision within the Rural Residential Zone are:

(i) Encourage a variety of lot sizes and appropriate designs taking into account environmental opportunities and constraints;

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

(iii) Provide the opportunity for subdivision where identified in an endorsed Local Planning Strategy in order to provide for more efficient use of existing rural-residential areas in close proximity to townsites;

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

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

Additional Use Zone Requirements

The provisions of Schedule Nine of the Scheme outline that the continued development of Lot 4, being the nominated tourist lot as shown at Appendix: 9.5.7(A), may continue for tourist related purposes. The provisions however require the future development to be generally in accordance with the approved Structure Plan.

As with the temples previously approved by Council, the proposed uses could be considered as incidental to the accommodation, if the building was used by guests only. In this case however the provision of a 150m² meditation hall for the stated purposes is considered to be excessive and not commensurate with the needs of the guests, due to:

· The building will cater for 100 people, when the current occupancy permit for the chalets is limited to a maximum of 29 guests; and

· The approval already granted for the Baba Temple – being an 8m by 12.9m (103m²), which could also be used for meditation purposes.

Given the substantial nature of the proposed building and the fact that the development is not consistent with the current structure plan, it is recommended that the application not be supported.

Proposed Use of Meditation Hall

As detailed within the covering letter, the owners are proposing to construct a meditation hall to be used in conjunction with the proposed temple buildings in order to hold meditation retreats. The proposed kitchen will be used for catering purposes and to hold vegetarian cooking courses.

The application details that the building is intended for use by guests staying at the property.

Land Use Classification

Having regard to the proposed uses as identified by the applicant, the land use (meditation and cooking classes), could be considered to be consistent with the land use definition of Community Purpose, which the Scheme defines as follows:

“means the use of 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” land use is an “A” use within the Rural-Residential Zone. That is a use which is “not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6”.

The above said, the proposal is not consistent with the approved Structure Plan.

Relationship to Current Development

Prior to purchasing the property, representatives of the landowners liaised with Shire Officers over the potential to provide additional accommodation and activities on the site, including being open to members of the public.

At the time, Shire Officers advised that the local government could potentially approve additional infrastructure and activities that related to the current accommodation, zoning and approvals. However, a Scheme Amendment would, for example, be required before additional chalets could eventually be approved.

In this case, given the substantial nature of the building, it is substantially larger than what would be required to meet the needs of the current accommodation, which is only permitted to cater for a maximum of 29 people. It is anticipated that the landowners are proposing to construct the building to meet the future needs of an expanded number of short stay accommodation units.

Given the above, it is recommended that the application not be supported until such time as a Scheme Amendment is completed to permit the construction of additional tourist/short stay accommodation.

Main Roads Comments

Within their submission, Main Roads advises that that have no objection to the proposal subject to:

a) The existing main access being upgraded/designed and constructed to include a bitumen seal for the first 20 metres; and

b) The existing secondary access be closed and the road verge re-instated to the satisfaction of Main Roads.

In the event Council resolves to approve the application, it is recommended that appropriate conditions be imposed reflecting Main Roads WA advice. Should the application be refused, it is recommended that a copy of Main Roads advice be provided to inform the application with respect to any future additional development that may be proposed.

DBCA Comments

As shown in Attachment: 9.5.7(1), DBCA have advised that the Departments preference is for any structure to be constructed at least 50m from the adjacent Walpole-Nornalup National Park to minimise the risk of negative impacts from activities in the park, namely prescribed burning and wildfire. The submitted plans indicate a setback of approximately 75m.

DBCA also advise that it is their expectation that the incidental structures be constructed as per the requirements of the “Guidelines for Planning in Bushfire Prone Area, Version 1.4 December 2021”, and that all fire protection requirements including firebreaks, water supply and hazard separation zones be provided within the property. They further advise that there should be no expectation that any fire protection measures will be provided on the adjacent department managed lanes.

It is recommended that a copy of the advice received from DBCA be provided to the applicant.

Conclusion

Whilst the applicants have indicated that the proposed development is to be constructed for the use of existing guest numbers, the proposed building is considered excessive for the current maximum number of guests being 29. Particularly given that approval has already been granted for a 103m² temple building. Given this and the fact the development is not consistent with the approved Structure Plan, it is recommended that the application be refused.

In the event that Council wishes to approve the development, it may consider the development as a use independent of the tourist use. However, prior to doing so revised plans should be required to address scheme requirements such as car parking.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Whilst the landowner’s intent to establish a greater level of accommodation on site along with the associated facilities, an amendment of the Scheme provisions is required to ensure that all relevant considerations and strategic implications are addressed.

Organisational risk management:

There is a risk that, if approved, the proposed facility will be used for purposes not limited to guests on the property given its substantial size.

Financial Implications:

The required application fee has been paid in accordance with Council’s Schedule of Fees and Charges adopted as part of the annual budget process.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council REFUSE development approval to the proposed Meditation Hall on Lot 4 South Coast Highway, Walpole in accordance with Part 10 and Clause 5.5 of Local Planning Scheme No. 4 subject to the following reasons:

1. The application as submitted is not consistent with the approved structure plan as required by the provisions of the Schedule 9 of Local Planning Scheme No 4, relating to Additional Use Zone 11; and

2. The development as proposed is at a scale that is not consistent with the current level of short stay accommodation which the current occupancy certificate states is limited to 29 people.

Advice to Applicant:

a) The applicant is advised that Council will be prepared to reconsider the proposed development following the successful completion of a scheme amendment to Local Planning Scheme No 4 to allow additional short stay accommodation on the property; and

b) In preparing any future application for development approval, it is recommended that the applicant have regard to the advice received from Main Roads regarding upgrading of the existing main entrance and closure of the secondary access to the satisfaction of Main Roads WA.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Winfield, C

28961

2. The development as proposed is at a scale that is not consistent with the current level of short stay accommodation which the current occupancy certificate states is limited to 29 people.

Advice to Applicant:

MOTION carried 9/1

FOR	AGAINST
Cr D Buegge	Cr K Skoss
Cr W Eiby
Cr D Jenkins
Cr K Lawrence
Cr P Omodei
Cr R Taylor
Cr M Ventris
Cr J Willcox
Cr C Winfield

ATTACHMENT

9.16.2 Unconfirmed Minutes of the Reconciliation Action Plan Advisory Committee Meeting Held 28 October 2022

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Community Services
FILE REFERENCE:	F170453
LEGISLATION:	Local Government Act 1995; Aboriginal Heritage Act 1972
AUTHOR:	Vanda Dei-Tos
DATE OF REPORT:	2 November 2022
DECLARATION OF INTEREST:	Nil

Background:

The Reconciliation Action Plan 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 guidance and support to the Shire of Manjimup for the implementation of the Reconciliation Action Plan;

2. To provide advice and make recommendation to Council in regard to matters concerning the Reconciliation Action Plan and its implementation;

3. To be available and to provide a focal point for connection with the Aboriginal and Torres Strait Islander community;

4. Representative Members acknowledge and accept their role as a representative of the Aboriginal and Torres Strait Islander community and to act as a key liaison for the broader community;

5. Communicate and inform represented groups and the local community regarding activities of the Committee; and

6. Play an active role in the promotion and development of Aboriginal and Torres Strait Islander cultural awareness across the Shire of Manjimup.

The purpose of this agenda item is to receive the unconfirmed minutes of the meeting held on 28 October 2022 as attached.

ATTACHMENT: 9.16.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

There is one recommendation arising from this meeting that will be dealt with administratively

Committee Recommendation

Officer Recommendation

Investigate whether there are positions vacant and report outcome at next meeting.

Supported and dealt with administratively.

The Committee are seeking to attract additional representation from the local Aboriginal and Torres Strait Islander (ATSI) community.

There are currently two vacant ATSI youth positions on the Committee.

STATUTORY ENVIRONMENT:

Aboriginal Heritage Act 1972; and

Section 5.11 of the Local Government Act 1995 specifies that where a person is appointed to a Committee of the local government, their membership continues until, at the latest, the next ordinary elections day is held. As a result all Committee positions are effectively vacated, with members to be appointed by resolution of Council.

Policy / Strategic Implications:

The Reflect Reconciliation Action Plan (RAP) relates to goals and strategies in the Shire of Manjimup Strategic Community Plan 2021-2031 including, but not limited to:

· Community Goal 3.8: Diversity, inclusivity and harmony are the foundations of strong community spirit and we celebrate and honour our diverse cultures, heritage and lifestyles;

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

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

· Community Infrastructure Goal 4.8: Places of heritage value are recognised and retained.

The Shire of Manjimup Corporate Business Plan 2022-2026 includes the action below:

· Implement the outcomes as identified in the Reconciliation Action Plan.

Organisational risk management:

The Shire RAP will foster engagement with local Aboriginal and Torres Strait Islander people and encourage participation in community consultations, cultural inclusion and a better understanding of related issues.

Financial Implications:

The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.

Sustainability:

Environmental: The Reflect RAP seeks to consider opportunities and appropriate processes to involve Aboriginal people in sustainable natural resource management and in the protection and restoration of significant cultural locations, including totemic trees.

Economic: The Reflect RAP outlines a number of actions which seek to consider opportunities for Aboriginal and Torres Strait Islander employment and supplier diversity.

Social: The Reflect RAP outlines the Shire of Manjimup’s vision of reconciliation, which is to foster meaningful relationships communication and respect between all Australian peoples, thereby strengthening the foundation of our local communities.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the unconfirmed minutes of the Reconciliation Action Plan Advisory Committee meeting held 28 October 2022 as per Attachment: 9.16.2(1);

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Eiby, W

28963

That Council receive the unconfirmed minutes of the Reconciliation Action Plan Advisory Committee meeting held 28 October 2022 as per Attachment: 9.16.2(1);

MOTION carried 8/2

FOR	AGAINST
Cr D Buegge	Cr K Lawrence
Cr W Eiby	Cr M Ventris
Cr D Jenkins
Cr P Omodei
Cr K Skoss
Cr R Taylor
Cr J Willcox
Cr C Winfield

Councillor Eiby declared a Financial Interest in this Item as she is the Manager of the Northcliffe Visitor Centre which is funded by the Shire similarly to the Pemberton Visitor Centre Councillor Eiby did not speak or vote on the matter and left the Chamber at 6:23 pm.

Councillors Omodei and Ventris declared Impartiality interests in this Item. Councillor Omodei declared that he is a member of the Pemberton Heritage and History Group. Councillor Ventris declared that his wife is member and Secretary of the Pemberton Heritage and History Group. Both Councillors declared that they would consider this matter on its merits and vote accordingly.

ATTACHMENT

APPENDIX

9.16.3 Unconfirmed Minutes of the Pemberton Community Hub Advisory Committee Meeting 17 & 31 October 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:	2 November 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 co-location business model is bedded in;

3. To seek guidance from Council, on a need’s 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 over two sessions on the 17 and 31 October 2022 as attached and to consider the amended Terms of Reference reflecting changes in the Committee membership as appended.

ATTACHMENT: 9.16.3(1)

APPENDIX: 9.16.3(A)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

There are 9 recommendations arising from this meeting that require a decision of Council.

Committee Recommendation

Officer Recommendation

Request to Council that the following amenities are provided free of charge for the Pemberton Heritage and History Group: electricity, water, rubbish collection, insurances (contents, volunteer and public liability), cleaning and that any garden maintenance is done by the Shire’s Parks & Gardens team.

Moved: Gaye Van Hazendonk

Seconded: Petula Holland

Carried: 7:2

Supported:

That Council agree that the Shire of Manjimup to cover water costs as attributed to the Pemberton Heritage and History Group; and

That Council note that the Shire of Manjimup Parks and Gardens will, as per other like community facilities, undertake occasional programmed maintenance.

Not Supported- Justification

· Incorporated groups have a responsibility to have in place all required insurance;

· Electricity is a real cost that like entities across the Shire are responsible for;

· Cleaning is the responsibility of the Lessee. Where the Shire cleans for Lessees – cost is recovered (Manjimup Family Centre and Timber Tots).

· Rubbish should be minimal and should be a cost shared across all lessees.

· Entry fees can be charged to recover some costs.

Officer Recommendation:

That Council does not support the recommendation that the following amenities are provided free of charge for the Pemberton Heritage and History Group: electricity, rubbish collection, insurances (contents, volunteer and public liability), and cleaning; and

That Council invite the Pemberton Heritage and History Group to make a late Community Grant Application for Annual Financial Assistance, as with other like entities, to contribute to the cost of such matters as insurance, electricity and cleaning.

Request to Council that the Pemberton Heritage and History Group receive financial support, or payment to go to the Pemberton Visitor Centre, to cover the cost of opening and closing the museum and managing the ticketing. Further support also requested to cover the maintenance of displays and assistance with technology.

Moved: Gaye Van Hazendonk

Seconded: Deanne Ventris

Carried: 7:2

Not Supported Justification

· There is no opening and closing of the Museum it is a pin-based entry. Ticketing for Museum entry is an arrangement between the Pemberton Visitor Centre and the Heritage and History Group. This arrangement could be commission based. The museum is a value-added proposition for Visitors attending the Visitor Centre;

· Staff have openly offered, on numerous occasions to support and provide advice with regards to displays and technology; and

· The Heritage and History Group can access Community grants and the history and heritage networks that exist within the region for higher level support.

Officer Recommendation:

That Council not support the request that the Pemberton Heritage and History Group receive financial support, or payment to go to the Pemberton Visitor Centre, to cover the cost of opening and closing the museum and managing the ticketing.

Request to Council that the Pemberton Arts Groups receive financial support to cover the cost of water consumption, rubbish collection, cleaning of the toilets and that any garden maintenance is done by the Shire’s Parks & Gardens team.

Moved: Gaye Van Hazendonk

Seconded: Anna Czerkasow

Carried: 7:2

Supported

Note that the Shire of Manjimup Parks and Gardens will, as per other like community facilities, undertake occasional programmed maintenance.

Not Supported Justification

· Cleaning is the responsibility of the Lessee. Where the Shire cleans for lessee’s – cost is recovered (Manjimup Family Centre and Timber Tots). The toilets in question are for the Lessee. If used as part of a broader event within the precinct any additional cleaning should be include in the fees and charges;

· Rubbish generated by Pemberton Arts Group or hirers of the leased premises should be the responsibility of the lessee. Such charges should be included in any fees set for hirers or members; and

· All community groups have the right to apply for the annual financial assistance grant section of the Shire Community Grants program.

Officer Recommendation:

That Council not support the request that the Pemberton Arts Groups received financial support to cover the cost of water consumption, rubbish collection, and cleaning of the toilets.

Request to Council to cover the cost of cleaning the toilets in the RSL buildings and that any garden maintenance is done by the Shire’s Parks & Gardens team.

Moved: Gaye Van Hazendonk

Seconded: Deanne Ventris

Not Carried: 4:4

This motion has been incorrectly recorded in the unconfirmed minutes as being Carried. In fact, it was a 4:4 vote. The Chair had not noted the departure of the PCCI representative prior to the vote being undertaken. As such the motion has still been considered.

Supported

That Council note that the Shire of Manjimup Parks and Gardens will, as per other like community facilities, undertake occasional programmed maintenance.

Not Supported Justification

· Cleaning is the responsibility of the Lessee. Where the Shire cleans for Lessees – cost is recovered (Manjimup Family Centre and Timber Tots);

· All cleaning costs should by equitably shared by the Library, Community Resource Centre and Visitor Centre;

· The toilets in question are within the leased complex designed for staff and clients use. There are public toilets less than 50 metres away that are covered by the Shire and for the general public; and

· Fees and charges for hiring any of the facilities at the Hub should include all aspects of cost recovery for cleaning and electricity as a minimum.

Officer Recommendation:

That Council not agree to cover the cost of cleaning the toilets in the RSL building, other than the share apportioned to the Pemberton Public Library.

Motion presented requesting Council to install a door to the Centrelink nook in the RSL Building at the Shire’s expense to make the room a rentable space.

Moved: Gaye Van Hazendonk

Seconded: Petula Holland

Carried: 6:2

Not Supported Justification

· The request for a door and door frame was requested post construction commencement. It is a variation to the contract and as such not included within the budget. The doorway was created however the door and hardware installation is valued out $1,600 (ex GST); and

· The CRC will be the direct beneficiary of the rentable space and as such have been asked to cover this variation cost.

That Council does not support the request to install a door to the Centrelink nook in the RSL Building at the Shire’s expense to make the room a rentable space.

That the Shire to investigate installing solar.

Moved: Cr Ken Lawrence

Seconded: Gaye Van Hazendonk

Carried: 8:0

Supported

· The facility needs to operate for up to 12 months to enable electricity consumer modelling to be undertaken.

· Once modelling has been undertaken then a suitable scope for installing solar panels and a probable cost can be determined.

That Council consider allocating funds in the 2023/24 budget to undertake modelling and further investigate costs and funding for the installation of solar panels for the Balang Miya Pemberton Community Hub.

Motion presented for the servery window to be installed in the RSL building kitchen at the cost of the Shire.

Moved: Gaye Van Hazendonk

Seconded: Petula Holland

Carried: 8:0

Due to an unsolicited amendment to the drawings, that was subsequently not picked up by any party, a sliding window was installed as opposed to the original intended servery window. This is not a builder error.

Officers are currently seeking a quote on this. As Council is aware the project budget does not have any contingency. Once a quote has been received this matter will be referred to Council for a decision.

That Council note that any decision regarding this matter be deferred until a quote has been received.

Accept the Resignation of Cr Murray Ventris as the Proxy Councillor representative.

Moved: Gail Ipsen Cutts

Seconded: Cr Ken Lawrence

Carried: 8:0

As per Committee Recommendation.

That Council accept the nomination of Rob Parker as the Pemberton Community Resource Centre Proxy Representative on the Committee.

Moved: Gaye Van Hazendonk

Seconded: Bob Hammond

Carried: 8:0

As per Committee Recommendation

To reflect the recommended changes in the Committee membership as outlined in the table above an amended Terms of Reference has been attached for Council consideration and endorsement.

ATTACHMENT: 9.16.3(2)

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.

Council Policy 3.1.3 Community Funds Allocation.

Organisational risk management:

The Shire of Manjimup has 4 towns and numerous settlements. Financial assistance provided to both volunteer and employee-based community groups across the Shire needs to be considered in an open, transparent, fair and equitable manner. Acceding to the numerous financial requests made by the Pemberton Community Hub lessees has the very real risk of setting an unsustainable precedence of expectation from all like community groups across the Shire of Manjimup.

Generally speaking, the Shire of Manjimup provides peppercorn leases to community groups but expects groups to meet their own operational costs such as insurance, cleaning, electricity, water and waste. In recognition of the challenges small not for profits groups have the Shire of Manjimup has established the Annual Financial Assistance category within the Community Grants program. For groups seeking financial assistance this is the most transparent mechanism for Council to offer assistance and mitigate against the perception of ‘inequity’ in decision making.

Financial Implications:

The Officer recommendations have minimal budget implication. Parks and Gardens will have some increased demand pressures, but this will be managed within budget and by establishing a manageable service level.

The matter of the servery window will be considered at a later date and there is no cost put forward as part of the Officer recommendation.

The solar panel proposal will not have any cost implications for the current financial year. The aim of solar panels is to reduce cost over time. The period of cost recovery will be determined once the modelling has been undertaken.

Sustainability:

Environmental: Nil.

Economic: Community groups and not for profit entities do have an obligation to seek ways to generate funds to support the operational costs of their own activities. Local government does not have the financial capacity to cover the operational costs of such organisations across the municipality.

Social: The Balang Miya Pemberton Community Hub will play an integral role for community and social networking, training and development and artistic and cultural life within the Pemberton community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed minutes of the Pemberton Community Hub Advisory Committee meeting held 17 and 31 October 2022 as per attachment: 9.16.3(1);

2. Agree that the Shire of Manjimup will cover water costs as attributed to the Pemberton Heritage and History Group;

3. Note that the Shire of Manjimup Parks and Gardens will, as per other like community facilities, undertake occasional programmed maintenance;

4. Not support the recommendation that the following are provided free of charge for the Pemberton Heritage and History Group: electricity, rubbish collection, insurances (contents, volunteer and public liability), and cleaning;

5. Invite the Pemberton Heritage and History Group to make a late Community Grant Application for Annual Financial Assistance, as with other like entities, to contribute to the cost of such matters as insurance, electricity and cleaning;

6. Not support the request that the Pemberton Heritage and History Group receive financial support, or payment to go to the Pemberton Visitor Centre, to cover the cost of opening and closing the museum and managing the ticketing;

7. Not support the request that the Pemberton Arts Groups received financial support to cover the cost of water consumption, rubbish collection, and cleaning of the toilets;

8. Not agree to cover the cost of cleaning the toilets in the RSL building, other than the share apportioned to the Pemberton Public Library;

9. Not support the request to install a door to the Centrelink nook in the RSL Building, at the Shire’s expense, to make the room a rentable space;

10. Consider allocating funds in the 2023/2024 budget to undertake modelling and further investigate costs and funding for the installation of solar panels for the Balang Miya Pemberton Community Hub;

11. Defer a decision on the request for the servery window to be installed in the RSL building kitchen at the cost of the Shire until such time as a quote has been received;

12. Accept the resignation of Cr Murray Ventris as Proxy Manjimup Shire Council Councillor representative on the Pemberton Community Hub Advisory Committee;

13. Nominates _______________ as Manjimup Shire Council Councillor proxy on the Pemberton Community Hub Advisory Committee;

14. Accept the nomination of Rob Baker as the Pemberton Community Resource Centre Proxy representative on the Pemberton Community Hub Advisory Committee; and

15. Request the Terms of Reference for the Pemberton Community Hub Advisory Committee be amended to reflect the above changes.

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Lawrence, K

28964

That Council:

1. Receive the unconfirmed minutes of the Pemberton Community Hub Advisory Committee meeting held 17 and 31 0ctober 2022 as per attachment: 9.16.3(1);

2. Agree that the Shire of Manjimup will cover water and electricity costs as attributed to the Pemberton Co-location to be reassessed if a Solar System can be acquired for the facility.

3. Note that the Shire of Manjimup Parks and Gardens will undertake to manage and maintain gardens;

4. Cleaning - Pemberton Visitor Centre to pay for Commercial Section, Pemberton Heritage and History Group and Pemberton Arts Group pay for their workshop and kitchen cleaning, Pemberton Community Resource Centre to pay to clean their office space, Storage Sheds to be cleaned by occupants. The Shire to pay to clean Entry, Toilets, Library, Museum Display and Common Ground;

5. CEO to negotiate a Facility Management Contract with Pemberton Visitor Centre similar to Manjimup Visitor Centre Contract. Pemberton Visitor Centre as facility manager allow them to occupy the office and commercial area to the right of entry with Library to occupy their traditional area in RSL Building;

6. Rubbish bins to be paid by occupants of the facility. The Shire to provide 2 x General Waste Bins and 1 x large Recycle Bin for the library and museum;

7. Pemberton Heritage and History Group to pay for telephone, uniforms, training, Exhibit items maintenance, Advertising. Shire to pay for security and insurance.

8. Shire to install a Servery window to the RSL Kitchen and a door to the Centrelink office during construction or soon after the completion of construction and handover to a maximum total cost of $4,400;

9. Do not accept the resignation of Cr Murray Ventris as Proxy Manjimup Shire Council Councillor representative on the Pemberton Community Hub Advisory Committee;

10. Accept the nomination of Mr. Rob Baker as the Pemberton Community Resource Centre Proxy representative on the Pemberton Community Hub Advisory Committee;

11. Request the Terms of Reference for the Pemberton Community Hub Advisory Committee be amended to reflect the above changes; and

12. The above 2,3,4,5,6,7,8 to be implemented when a legal budget amendment is prepared with a detailed analysis and estimation as to comply with the Act. To be presented at the next meeting for an absolute majority decision of Council. Suggested funding General Purpose $27,548.

Advice: Councillors to review all facilities, contracts and conditions - particularly Walpole and Northcliffe at the upcoming meetings there in light of Policy E8.1 "Ensure Shire activities are conducted equitably across the region."

MOTION carried 6/3

FOR	AGAINST
Cr K Lawrence	Cr D Buegge
Cr P Omodei	Cr D Jenkins
Cr R Taylor	Cr K Skoss
Cr M Ventris
Cr J Willcox
Cr C Winfield

Councillor Eiby returned to the Chamber at 6:36 pm.

Committee Recommendation	Officers Comment
That the Committee accept the resignation of Kathy Barrett – Lennard.	Supported and dealt with as part of this report’s recommendations to Council. Pending Council’s decision, the vacant position will be advertised.

PROPONENT	Walpole Town Activation Advisory Committee
OWNER	N/A
LOCATION / ADDRESS:	Walpole Town Centre
WARD:	South
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170457
LEGISLATION:	Local Government Act 1995
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	4 November 2022
DECLARATION OF INTEREST:	Nil

PROPONENT	Manjimup Tennis Club Inc
OWNER	Crown (Management Order to Shire of Manjimup)
LOCATION / ADDRESS:	Portion of Reserve 14584, Lot 838 Arnott Street, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Business
FILE REFERENCE:	F220174
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	28 October 2022
DECLARATION OF INTEREST:	Nil