Agenda
Council Meeting
8 December 2022
SHIRE OF MANJIMUP – Council Meeting AGENDA
8 December 2022
Notice to all councillors
An Ordinary Meeting of Council is called for Thursday 8 December 2022 commencing at 5:30pm in the Council Chamber.
________________________
Andrew Campbell
Chief Executive Officer
1 December 2022
DISCLAIMER
The advice and information contained herein is given by and to the Council without liability or responsibility for its accuracy. Before placing any reliance on this advice or information, a written enquiry should be made to the Council giving the entire reasons for seeking the advice or information and how it is proposed to be used.
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IMPORTANT MATTERS AFFECTING THOSE ATTENDING THE MEETING AND THOSE AFFECTED BY A DECISION OF THE MEETING.
1. Please note this meeting may be electronically recorded.
2. Decisions made in this meeting are unable to be acted upon by the person who has been granted the authorisation unless and until the decision is able to be implemented by the Chief Executive Officer and in any event not before the afternoon of the first business day following this meeting. If you are in any doubt about a decision please contact the Shire prior to making any commitments.
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SHIRE OF MANJIMUP
Council Meeting Thursday 8 December 2022
To be held
In the Council Chamber
Commencing at 5:30pm
Agenda
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
2. ANNOUNCEMENTS BY THE PRESIDENT:
The Shire of Manjimup respectfully acknowledges the Noongar people as the Traditional Custodians of the lands in which we work throughout the region and we pay our respects to their Elders, past present and emerging.
3. ATTENDANCE:
3.1 Apologies:
3.2 Approved Leave of Absence:
4. DECLARATIONS OF INTEREST:
[Part 5, Division 6 of the Local Government Act 1995 requires that a member must disclose the interest of the member and the nature of the interest in writing before the meeting or immediately before the matter is discussed.]
5. PUBLIC QUESTION TIME:
5.1 Response to public questions taken on notice
5.1.1 Response to a question taken on notice at 17 November 2022 Ordinary Council Meeting as shown in Attachment.
ATTACHMENT: 5.1.1(1)
5.2 Public Question Time
[Under meeting procedure determined by the Shire of Manjimup Standing Orders Local Law 2013, this is the only opportunity for members of the public to ask up to a maximum of two questions of Council. There is no further opportunity to question the Shire of Manjimup during the meeting. Questions can be asked on any Shire matter, not just on issues included in the meeting agenda and each person shall have up to 3 minutes to ask their questions which may be extended by an additional 3 minutes where considered appropriate by the Presiding Member. Persons asking questions are entitled to a response unless the question is declared “out of order” by the Presiding Member. If a matter requires further investigation, that response may be in writing. Any person asking questions of Council must state their correct name and address as this will form part of the public record of this meeting]
6. PRESENTATIONS:
6.1 Petitions
6.2 Presentations
6.3 Deputations
6.4 Delegate Reports
6.5 Conference Reports
7. CONFIRMATION OF PREVIOUS MINUTES:
________________ / __________________
That the Minutes of the Ordinary Meeting of the Council held on 17 November 2022 be confirmed.
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
9. OFFICERS’ REPORTS:
For the interest of the Gallery, I will explain how we are about to consider the agenda items for this meeting.
All Councillors have had the agenda for one week giving us time to thoroughly review each item.
This meeting is the only time that Councillors are able to formally debate agenda items. Soon I will read out each item listed in the Agenda and any Councillor will be able to identify an agenda item they wish to debate. These items will be listed on the board behind me.
All items not identified by Councillors to be debated will be moved in accordance with the Officers Recommendation in one motion as listed in the agenda and moved en bloc for voting purposes.
If your item is not listed on the board and is moved en bloc it will be passed as per the Officer Recommendation. Following this Council will consider the remaining items in agenda order.
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MAJORITY |
ITEM |
COUNCIL OFFICERS’ REPORTS |
Page No. |
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OFFICE OF CEO |
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9.1 |
Office of CEO |
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9.1.1 |
Further Direction Required to Implement the Decision of Council (Minute 28964) Pemberton Community Hub Made on 17 November 2022 |
7 |
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9.1.2 |
Request for Financial Assistance Toward Operating and Security System Acquisition Costs - Northcliffe Pioneer Museum |
17 |
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9.1.3 |
Request for Financial Assistance Toward Utility and Insurance Costs - Northcliffe Visitor Centre |
22 |
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9.1.4 |
Request for Financial Assistance Toward Operating, Insurance and Utility Costs - Northcliffe Family and Community Centre |
27 |
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9.1.5 |
Request for Financial Assistance Toward Occupancy, Telecommunications and Insurance Costs - Southern Forest Arts |
32 |
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9.1.6 |
Western Australian Local Government Association Best Practice Governance Review |
36 |
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Absolute |
9.1.7 |
Shire of Manjimup Annual Report 2022 and Notice of Annual Electors Meeting |
40 |
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Absolute |
9.1.8 |
Council to Chief Executive Officer Delegations from 9 December 2022 to 3 January 2023 |
42 |
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Absolute |
9.1.9 |
Consideration of Fee Waiver Request from Manjimup Cherry Harmony Festival 2022 |
44 |
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BUSINESS DIRECTORATE |
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9.2 |
Corporate & Governance |
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Absolute |
9.2.1 |
Proposed Lease to Walpole Sport & Recreation Association Inc |
50 |
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9.3 |
Finance & Administration |
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9.3.1 |
Monthly Financial Activity Statement - October 2022 |
52 |
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9.4 |
Information Communications Technology |
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DEVELOPMENT & REGULATION DIRECTORATE |
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9.5 |
Statutory Planning |
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9.5.1 |
Proposed Comment on Draft Forest Management Plan 2024-2033 |
56 |
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9.5.2 |
Proposed Animal Establishment (Breeding) at Lot 8160, 30499 South Western Highway, Quinninup |
64 |
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9.5.3 |
Proposed Caravan Park including Retrospective Structures at Lot 4 (34) Lawson Road, Callcup |
70 |
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9.5.4 |
Proposed Local Planning Scheme Amendment - Modification of Short Stay Accommodation Restrictions Applicable to Rural Workers' Accommodation |
82 |
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Absolute |
9.5.5 |
Proposed Museum Buildings - Lot 3 (Reserve 30907) Latham Avenue, Walpole |
89 |
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9.5.6 |
Proposed Subdivision - Part Lot 365 Boronia Street, Manjimup |
97 |
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9.6 |
Building Services |
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9.7 |
Ranger & Emergency Services |
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9.7.1 |
Request for Reconsideration To Keep More Than Two Dogs at Lot 23 (32) Brain Street, Manjimup |
105 |
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9.7.2 |
Application To Keep More Than Two Dogs at Lot 100 (140) Chopping Street, Manjimup |
111 |
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9.8 |
Environmental Health Services |
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COMMUNITY SERVICES DIRECTORATE |
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9.9 |
Community & Recreation Services |
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Absolute |
9.9.1 |
Proposed Budget Amendment - Pemberton Sports Complex Review |
116 |
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9.9.2 |
2023 Arts Acquisitive Prize - Request by Pemberton Arts Group Seeking Variation to Policy 3.1.3 Community Funds Allocation |
120 |
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9.10 |
HACC Services |
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9.11 |
Libraries & Cultural Services |
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WORKS AND SERVICES DIRECTORATE |
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9.12 |
Technical Services |
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9.12.1 |
Proposal to Excavate Organic Waste from the Manjimup Recycling and Refuse Centre for Composting |
125 |
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9.13 |
Works |
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9.14 |
Parks & Gardens |
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9.15 |
Occasional and Management Committees |
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9.15.1 |
Informal Meeting Notes of the Northcliffe Forest Park Management Committee Meeting Held 16 November 2022 |
128 |
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9.15.2 |
Unconfirmed Minutes of the Audit Committee Meeting Held 17 November 2022 |
130 |
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9.16 |
Advisory Committees |
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Absolute |
9.16.1 |
Unconfirmed Minutes of the Access & Inclusion Advisory Committee Meeting held 10 November 2022 |
133 |
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9.16.2 |
Unconfirmed Minutes of the Airfield Management Committee Meeting Held on 9 November 2022 |
136 |
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9.16.3 |
Unconfirmed Minutes of the Northcliffe Town Activation Advisory Committee Meeting held on 8 November 2022 |
138 |
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Absolute |
9.16.4 |
Unconfirmed Minutes of the Plant Replacement Committee Meeting Held 17 November 2022 |
141 |
_____________________ / _____________________
“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 143 of the Agenda with the exception of those on the board:
9.1.1 Further Direction Required to Implement the Decision of Council (Minute 28964) Pemberton Community Hub Made on 17 November 2022
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PROPONENT |
Chief Executive Officer |
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OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
61 Brockman Street, Pemberton (Reserve 19566) |
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WARD: |
West |
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ZONE: |
Public Purposes |
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DIRECTORATE: |
Office of the CEO |
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FILE REFERENCE: |
F170453; P58100 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Andrew Campbell |
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DATE OF REPORT: |
21 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
Under s5.41(c) of the Local Government Act 1995 the function of the Chief Executive Officer is to:
· cause Council decisions to be implemented.
At the Council meeting 17 November 2022, Council resolved the following:
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Point 5 of Council’s resolution requires the Pemberton Library to be relocated to the existing RSL portion of the building which it had traditionally occupied and for the Pemberton Visitor Centre to be relocated to where the Pemberton Library had been designated to occupy in the Pemberton Community Hub. This decision of Council has created the situation whereby the Pemberton Community Resource Centre no longer has an allocated space within the Pemberton Community Hub. This has very significant implications on contracts established under grant agreements for funding the building construction and fit-out. In addition, to implement Point 5 of this decision of Council at this late stage of the project will involve significant additional cost for the Shire of Manjimup to modify, relocate, procure or remove items such as data cabling, bespoke furniture and cabinetry, office walls and electrical systems such as power points and lighting for the Pemberton Library.
Until further direction on this matter is received from Council, the Chief Executive Officer has temporarily suspended further fit-out expenditure on the building to ensure expenditure from this point on does not breach contract requirements of specific grant agreements and create potential financial liability for the Shire of Manjimup and the Pemberton Community Resource Centre.
The purpose of this item is to seek Council’s further direction to enable the Chief Executive Officer to implement Council decision Minute Number 28964.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Under s5.41(b) of the Local Government Act 1995 the function of the Chief Executive Officer is to:
· Ensure that advice and information is available to the Council so that informed decisions can be made.
To ensure the Chief Executive Officer can provide necessary advice and information for Council to make informed decisions, Council Policy 1.1.1 Council Meeting System provides necessary guidance relating to Alternate Motions by Councillors. The reason for this part of the Council Policy is to enable the Chief Executive Officer to exercise obligations under s5.41(b) of the Local Government Act 1995. An excerpt of Council Policy 1.1.1 Council Meeting System is as follows:
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Alternate Motions or Amendments to Officers’
Recommendation
Councillors are encouraged to provide suggested alternatives to officer recommendations to the appropriate Director or CEO at least 24 hours in advance of the relevant Council meeting. This is to ensure that the terminology being proposed in the alternative recommendation is consistent and clear, as well as to ensure the legality of any proposed amendments.
A copy of the proposed amendment, with reasons, is to be circulated to all other Councillors, CEO and Directors. |
In moving the Alternate Motion at the Council meeting 17 November 2022 resulting in Council decision Minute Number 28964, Councillor Ventris failed to comply with Council Policy as a copy of the Alternate Motion was not provided to the appropriate Director or Chief Executive Officer in its final form prior to or at the meeting and further, no reasons were provided in accordance with Policy requirements.
It is appropriate to acknowledge at this point that a draft Alternate Motion was provided by Councillor Ventris to the Chief Executive Officer on the night prior to the Council meeting and it was identified at that time in a telephone conversation and multiple emails between the Chief Executive Officer and Councillor that the Alternate Motion was confusing, had legal consequences and that whilst it was the Councillors right to put forward any motion, if an Alternate Motion of this type was successful, the Chief Executive Officer would need to produce a further report for Council’s consideration if it was determined unworkable.
Given the current complexities surrounding Council decision Minute Number 28964, the Chief Executive Officer now requires further direction of Council to implement Council’s decision. The following options are provided for Council’s consideration.
Community Resource Centre removed from Pemberton Community Hub
It is the Chief Executive Officer’s assumption that the Council decision Minute Number 28964 did not intend to remove the Pemberton Community Resource Centre from the Pemberton Community Hub however it clearly has had this effect because of Point 5 of Council’s resolution Minute Number 28964 by allocating the “Library to occupy their traditional area in RSL building”. The Pemberton Community Resource Centre was previously identified to occupy approximately 146m² of the existing RSL building floor area including partition offices that were created in the project build. The total floor area of the traditional RSL building hall used by Pemberton Library was 204m².
If the Chief Executive Officer is to meet the responsibility to implement Council decision Minute Number 28964 as it stands, the Pemberton Community Resource Centre will need to be advised that there is no longer any space allocated for their organisation in Pemberton Community Hub. In addition, there will be a need to modify, relocate, procure or remove items such as data cabling, bespoke furniture and cabinetry, office walls and electrical systems such as power points and lighting for the Pemberton Library relocation to the RSL space.
If the Pemberton Community Resource Centre is no longer to be part of the Pemberton Community Hub this will have a significant impact on contractual grant agreements. The financial impact of this is likely to be in the estimated magnitude of $600,000 (being the portion of the grant funding assigned to the Pemberton Community Resource Centre for building and fit-out in the grant agreements) as it is highly unlikely a re-negotiation of the grant agreements would be possible because both the Pemberton Library and the Pemberton Visitor Centre are ineligible in specific grant funding areas sourced for the Pemberton Community Hub project. The Pemberton Community Resource Centre holds a direct fit-out grant from Lotterywest whilst the Shire of Manjimup holds the remaining grant agreements.
Option 1 (to insert into the Officer Recommendation in Point 1)
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a) Instructs the Chief Executive Officer to advise the Pemberton Community Resource Centre that they no longer have space available for their organisation at the Pemberton Community Hub; b) Shire Officers immediately engage with the grant provider/s to attempt to renegotiate existing contractual agreements for the Pemberton Community Hub with the objective for the Shire of Manjimup and Pemberton Community Resource Centre not to return grant funding to the grant provider/s; c) Acknowledge that if negotiations with the grant provider/s is unsuccessful, Council will be required to return all, or a portion of, Pemberton Community Hub grant funding it received as determined; d) Acknowledge that if negotiations with the grant provider/s is unsuccessful, the Pemberton Community Resource Centre will be required to return all, or a portion of, Pemberton Community Hub grant funding it received as determined; e) Acknowledge that Council is likely to have a legal obligation to meet the grant re-funding commitments of the Pemberton Community Resource Centre outlined in point d) as it was only the decision of Council that has resulted in this outcome; and f) Instruct the Chief Executive Officer to provide costing, when available, for the relocation of the Pemberton Library to the “traditional area” of the RSL for inclusion in an Agenda item addressing Point 12 of Council decision Minute Number 28964; |
Pemberton Library service removed from Pemberton Community Hub
This option will result in the Shire of Manjimup not providing a Library service in Pemberton for the community. To retain the Pemberton Community Resource Centre at the Pemberton Community Hub this option is the least financially impacting option available to Council for consideration however it is very likely to come with significant community backlash. Currently there are 619 members of the Pemberton Library who loaned 8,934 items in 2022 (10,141 items in 2021) and a decision of this nature will have a significant impact on the entire Pemberton community demographic.
Whilst the Shire of Manjimup would have incurred costs resulting from the project build and committed fit-out, the grant component is unlikely to impact as the Shire’s part of the eligible grant funds may be able to be proportioned to other stakeholders. In addition to this, considerable expense has been incurred procuring bespoke furniture and cabinetry, data cabling, electrical fittings and lighting and whilst some of the identified components may be able to be re-purposed in other Shire of Manjimup facilities, most components will remain in-situ. These costs will not be recoverable and will form part of the overall Pemberton Community Hub project cost.
Option 2 (to insert into the Officer Recommendation in Point 1)
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a) Resolve to not provide a Library service in Pemberton. |
Pemberton Library allocated a significantly reduced area in the Pemberton Community Hub
Under this option the Pemberton Community Resource Centre will be retained in its current position leaving approximately 48m² of clear free space (40m² resource, activity and book space; 8m² resource room) available to be allocated to the Pemberton Library which is 76% less space than it previously operated in at the RSL building before the Pemberton Community Hub project commenced and 68% less space than allocated under the original Pemberton Community Hub proposal. Given the reduction in space for the Library under this option is very significant, this must result in the reduction in Library services able to be provided.
Based on previous and the proposed expansion of the Pemberton Library service provision, it will result either in outcomes that will be significantly diminished or not able to be provided to the Pemberton community. Those programs and services include:
· Weekly Rhyme and Story Time activities for children up to 5 years of age including children attending Little Taddies Child Care Centre as well as other children living in the town or area more widely;
· Book Clubs for teens and adults;
· Workshops featuring visiting children’s book authors to encourage reading as part of Children’s Book Week, National Simultaneous Storytime and similar events;
· Kindergarten class visits from local schools to introduce children to the Pemberton Library (already occurring in other Shire Libraries);
· Participation in the Year 1 Super Reader Program;
· Access to an extensive adult and children’s fiction and non-fiction section, a wide range of DVDs (many people have no access to Wi-Fi and the internet so Netflix and similar platforms are not available to them), audio books, e-resources and a wide range of gardening, fishing, political, cooking and other magazines;
· Access to a quiet study hub for completing homework, school and university study, research projects and exam preparation in the planned public computer area (this space will allow students and others to use their laptop or access a Pemberton Library laptop if they do not have their own); and
· Potential collaborations with other Pemberton Community Hub stakeholders to run activities that traverse the interest of the organisations involved and the local Pemberton community.
A copy of the traditional Pemberton Library floor plan is shown in Attachment: 9.1.1(1).
ATTACHMENT: 9.1.1(1).
A copy of the original Pemberton Community Hub agreed floor plan is shown in Attachment: 9.1.1(2).
ATTACHMENT: 9.1.1(2).
A copy of the marked up proposed floor plan under option 3 is shown in Attachment: 9.1.1(3).
ATTACHMENT: 9.1.1(3)
Option 3 (to insert into the Officer Recommendation in Point 1)
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a) Agree that the Pemberton Library be allocated 48m² of area in the RSL part of the Pemberton Community Hub; b) Retain the Community Resource Centre in its current allocated location in the Pemberton Community Hub; c) Instruct the Chief Executive Officer to provide costing when available for the relocation of the Pemberton Library to the portion of area identified in a) for inclusion in an Agenda item addressing Point 12 of Council decision Minute Number 28964; d) Acknowledge that the Pemberton Library services will need to be significantly reduced on what has previously been available to the Pemberton community; and e) Request the Chief Executive Officer to communicate the reduction in Pemberton Library services to the Pemberton community as this is a Shire of Manjimup provided service to the community. |
Relocate the Pemberton Community Resource Centre to the other side of the building
This reconfiguration option for the Pemberton Community Hub will allow for Point 5 of Council decision Minute Number 28964 to be implemented however it will come at considerable direct cost to the Shire of Manjimup.
There are three built partition offices of approximately 34m² that would need to be removed and replaced on the other side of the building plus the need to create an additional 22m² room on the other side of the building to replace the meeting / workshop room. Some materials may be salvageable but there would also be the need to relocate or replace items such as data cabling and electrical systems such as power points and lighting.
Option 4 (to insert into the Officer Recommendation in Point 1)
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a) Confirm that the Pemberton Library is to be located in the traditional RSL space as it had previously occupied; b) Agree that the Pemberton Community Resource Centre is relocated from the area in the RSL part of the Pemberton Community Hub to the other side of the building; and c) Instruct the Chief Executive Officer to provide costing when available for the relocation of the Pemberton Library to the traditional area of the RSL space and the relocation of the Pemberton Community Resource Centre to the other side of the building for inclusion in an Agenda item addressing Point 12 of Council decision Minute Number 28964. |
Rescission of Council decision Minute Number 28964
Whilst this is a valid option it is not the remit of this Agenda item which only has the objective of Council providing the Chief Executive Officer with necessary direction to allow the implementation of Council decision Minute Number 28964.
Pemberton Community Hub Advisory Committee
Given the level of complexity in this matter as it currently stands, the Chief Executive Officer recommends that to prevent stakeholder confusion, and ensure matters discussed do not deviate from Pemberton Community Hub Advisory Committee’s Terms of Reference, that the Committee does not meet again until after Council has set the implementation direction for the Chief Executive Officer at this meeting and a report is presented back to Council detailing Point 12 of Council decision Minute Number 28964.
Conclusion
It is a very uncommon situation for the Chief Executive Officer to have to seek further direction from Council to enable the implementation of a Council resolution. Generally, existing processes ensure that resolutions of Council are clear and concise to the point where they provide the ability for the Chief Executive Officer to exercise the implementation responsibilities under the Local Government Act 1995. This is not the case in this situation and further direction of Council is required.
As this is a request for specific direction from Council, the Chief Executive Officer is not making a recommendation of any particular identified option and is calling on Council to provide direction by selecting the most suitable option identified in the Agenda report for the purpose of Council’s resolution.
STATUTORY ENVIRONMENT:
Decisions of Council and the role of the Chief Executive Officer are clearly documented in the Local Government Act 1995 and subsidiary Regulations. The Chief Executive Officer has acted in relation to Council decision Minute Number 28964 to protect the Shire of Manjimup’s legal and financial interests.
Policy / Strategic Implications:
The Alternate Motion leading to Council decision Minute Number 28964 did not follow Council Policy 1.1.1 Council Meeting System. The consequence of this is that without input from the Chief Executive Officer or other Senior Employees, Council decision Minute Number 28964 lacks sufficient direction for the Chief Executive Officer to implement. This Agenda item attempts to address the complexities of the situation to enable Council’s decision to be implemented.
The Shire of Manjimup Corporate Business Plan 2022-2026 identifies items that may be impacted by this decision of Council:
C1.1 – Progress the Pemberton Co-Location Project to develop a new shared and co-managed facility for the Pemberton Visitor Centre, Community Resource Centre, and Public Library and associated groups.
C4 – Maintain Public Libraries in all four towns and continue to expand and modernise facilities.
Organisational risk management:
There is high probability that whichever option Council choses from this point will result in reputational damage to the organisation. In navigating their way through this matter to the final outcome, Council should give due consideration to all implications when forming a final decision. It should be noted at this point that Council decision Minute Number 28964 has been resolved by Council without detailed regard for the costs of doing so.
If funding obtained through grants is spent outside of designated grant agreements, the Shire of Manjimup may damage its reputation for “project delivery with compliance” with grant providers which may impact on the future ability to secure grants. In addition to this it is unlikely that any negotiation to change grant purposes would be successful which could result in the Shire of Manjimup having to pay back applicable funding to grant providers depending on the decision of Council.
The removal of the Pemberton Community Resource Centre or the Pemberton Library from the Pemberton Community Hub is likely to come with considerable opposition from the Pemberton community. Likewise, the significant reduction in Library services in Pemberton is also unlikely to be a popular decision.
Financial Implications:
The financial implications will be better determined as an estimation after Council direction on this matter is received. Dependent on the direction of Council, the additional expense to be incurred is of the magnitude of tens to hundreds of thousands of dollars. Once Council direction is received the financial matters will be presented to a Council meeting for a decision.
Sustainability:
Environmental: Nil.
Economic: Co-locating services, information and activities into a centralised facility will improve ongoing economic sustainability of stakeholders.
Social: The Pemberton Community Hub is designed to provide centralised services, information, resources and activities for the Pemberton community and visitors.
VOTING REQUIREMENTS: SIMPLE MAJORITY
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That Council 1) Adopt Option ___ (option to be inserted from the Agenda report); 2) Request the Chief Executive Officer communicate this decision of Council to Pemberton Community Hub stakeholders in writing; 3) Not convene a meeting of the Pemberton Community Hub Advisory Committee until after Council has considered an Agenda report addressing Point 12 of Council decision Minute Number 28964; and 4) Request the Chief Executive Officer commence the process to revise the agreed Memorandum of Understanding between Pemberton Community Hub stakeholders to reflect this resolution.
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ATTACHMENTS |
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1⇨ |
Traditional Pemberton Library Floor Plan |
1 Page |
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2⇨ |
Pemberton Community Hub Original Agreed Floor Plan |
1 Page |
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3⇨ |
Option 3 Floor Plan |
1 Page |
9.1.2 Request for Financial Assistance Toward Operating and Security System Acquisition Costs - Northcliffe Pioneer Museum
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PROPONENT |
Northcliffe Pioneer Museum |
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OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
Reserve 22973 Windy Harbour Road, Northcliffe |
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WARD: |
Coastal |
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ZONE: |
Public Purpose |
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DIRECTORATE: |
Office of the CEO |
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FILE REFERENCE: |
F160745; P53171 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Andrew Campbell |
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DATE OF REPORT: |
23 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
The Northcliffe Pioneer Museum has written to the Shire of Manjimup (Shire) requesting financial support through payment of water, electricity, insurance and security system acquisition costs. The letter of request is attached.
ATTACHMENT: 9.1.2 (1)
The purpose of this report is for Council to give due consideration to this request and decide on the matter.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The request uses justification from the Council decision (Minute Number 28964) from the Council meeting 17 November 2022 relating to the Pemberton Heritage and History Group. The Council resolution relating to this is as follows:
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Further to the request received, the Chief Executive Officer clarified the actual costs with the Secretary of the Northcliffe Pioneer Museum to establish the financial assistance being requested.
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Item |
Amount 2022/23 |
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Insurance |
$2,200 |
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Electricity |
$1,000 |
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Water, maintenance, cleaning and other matters (already subsidised by Community Grants) |
$1,500 |
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Security (once off) |
$3,000 |
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TOTAL |
$7,700 (GST inc.) |
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UNBUDGETED SHIRE FUNDS 2022/23 |
$6,200 (GST inc.) |
The request from the Northcliffe Pioneer Museum is also likely to be ongoing and be in the order of $4,200 (GST inc.) plus usual annual cost escalation. This includes any community grant contribution by the Shire for ongoing costs. In addition, the Northcliffe Pioneer Museum received an additional community grant of $3,000 for preservation and directional signage.
Northcliffe Pioneer Museum operates under an established lease agreement with the Shire and this sets out responsibilities of the Lessee and the Lessor. In addition, Council Policy 4.2.8 Property Leasing (Policy) also details the responsibilities for the Lessor, being the Shire, and the Lessee, being the Northcliffe Pioneer Museum. A copy of the Policy is attached for Council’s information.
ATTACHMENT: 9.1.2 (2)
The Northcliffe Pioneer Museum lease and Policy clearly details the Lessee responsibility for utility costs such as water, electricity and insurance. A security system is undefined in both the lease and Policy other than if it is Lessee initiated as a fitting, the Lessee retains full cost responsibility.
Conclusion
If Council elects to support the request this will be inconsistent with the existing provisions within Northcliffe Pioneer Museum’s lease plus being contrary to Council Policy 4.2.8 Property Leasing. There is also no budget set aside to fund this request in 2022/23 and therefore the request is not supported.
STATUTORY ENVIRONMENT:
Under the Local Government Act 1995 Council has the ability to amend the Shire Budget at any time by Absolute Majority decision of Council.
Policy / Strategic Implications:
The Shire has 81 leases, sub-leases and licences to occupy for land or land and building predominantly provided to incorporated bodies, community associations and not for profit groups in addition to a smaller number of commercial leases and Government utility providers.
Council Policy 4.2.8 Property Leasing, lease agreements and licence to occupy agreements clearly address responsibilities in relation to operating costs and if any significant change of strategy on this matter is proposed by Council, most of these documents will require revision and amendment.
There is no doubt that volunteer numbers are declining and costs are rising but the Shire organisation is also facing significant cost escalation for operations with limited additional funding. Any change of strategy to fund the type of requests such as in this Agenda item are likely to have a significant impact on Shire activities given the number of incorporated bodies, community associations and not for profit groups that would likely be entitled to additional funding. To prevent significant operational and project reductions it is likely that additional revenue would be required through mechanisms such as increasing Rates or reducing certain Shire activities.
Organisational risk management:
It is unlikely that this matter in isolation would create any significant risk for the organisation. However, if Council changes strategy and agrees to fund incorporated bodies, community associations and not for profit groups at large, this may require the reduction in activities of the Shire organisation and/or a significant Rate increase, neither of which are likely to be popular with the entire community.
Financial Implications:
The cost of this request is outlined in the body of the report and aside from the community grant contribution of $1,500 to the Northcliffe Pioneer Museum are not budgeted in 2022/23.
Sustainability:
Environmental: Nil.
Economic: The cost of operating facilities by incorporated bodies, community associations and not for profit groups are not immune from economic impacts currently being experienced in Western Australia.
Social: Incorporated bodies, community associations and not for profit groups contribute extensively to local communities. These groups deserve support where possible.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council in accordance with the lease agreement and Council Policy 4.2.8 Property Leasing: 1) Not support the request from the Northcliffe Pioneer Museum for Shire of Manjimup funding to support insurance, electricity and a once off security system; and 2) Encourage the Northcliffe Pioneer Museum to continue to apply for Community Grants each year to assist with ongoing operational costs.
|
|
ATTACHMENTS |
||
|
1⇨ |
Request for financial support Northcliffe Pioneer Museum |
1 Page |
|
2⇨ |
Council Policy 4.2.8 Property Leasing |
6 Pages |
9.1.3 Request for Financial Assistance Toward Utility and Insurance Costs - Northcliffe Visitor Centre
|
PROPONENT |
Northcliffe Visitor Centre |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Reserve 46739 Muirilup Road, Northcliffe |
|
WARD: |
Coastal |
|
ZONE: |
Public Purpose |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F160095; P55257 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
23 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Northcliffe Visitor Centre has written to the Shire of Manjimup (Shire) requesting financial support through payment of electricity, telecommunications, insurance and water. The letter of request is attached.
ATTACHMENT: 9.1.3 (1)
The purpose of this report is for Council to give due consideration to this request and make a decision on the matter.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The request uses justification from the Council decision (Minute Number 28964) from the Council meeting 17 November 2022. The Council resolution relating to this is as follows:
|
The financial support requested by the Northcliffe Visitor Centre is detailed as follows:
|
Item |
Amount 2022/23 |
|
Electricity |
$1,548 |
|
Telecommunications |
$2,428 |
|
Water |
$34 |
|
Insurance |
$4,919 |
|
Income for service Northcliffe Library MOU |
($1,732) |
|
TOTAL UNBUDGETED SHIRE FUNDS 2022/23 |
$7,197 (GST inc.) |
The request from the Northcliffe Visitor Centre is also likely to be ongoing and be in the order of $7,197 (GST Inc.) per annum plus usual annual cost escalation. This includes any income contribution by the Shire toward utilities under the Northcliffe Library Memorandum of Understanding. Northcliffe Visitor Centre received $10,000 from the Shire Community Grants Program in 2022/23 for two separate events.
Northcliffe Visitor Centre operates under an established lease agreement with the Shire and this sets out responsibilities of the Lessee and the Lessor. In addition, Council Policy 4.2.8 Property Leasing (Policy) also details the responsibilities for the Lessor, being the Shire, and the Lessee, being the Northcliffe Visitors Centre. A copy of the Policy is attached for Council’s information.
ATTACHMENT: 9.1.3 (2)
The Northcliffe Visitor Centre lease and Policy clearly details the Lessee responsibility for utility costs such as water, electricity, telecommunications and insurance.
Conclusion
If Council elects to support the request this will be inconsistent with the existing provisions within Northcliffe Visitor Centre’s lease plus being contrary to Council Policy 4.2.8 Property Leasing. There is also no budget set aside to fund this request in 2022/23 and therefore the request is not supported.
STATUTORY ENVIRONMENT:
Under the Local Government Act 1995 Council can amend the Shire Budget at any time by Absolute Majority decision of Council.
Policy / Strategic Implications:
The Shire has 81 leases, sub-leases and licences to occupy for land or land and building predominantly provided to incorporated bodies, community associations and not for profit groups in addition to a smaller number of commercial leases and Government utility providers.
Council Policy 4.2.8 Property Leasing, lease agreements and licence to occupy agreements clearly address responsibilities in relation to operating costs and if any significant change of strategy on this matter is proposed by Council, most of these documents will require revision and amendment.
There is no doubt that volunteer numbers are declining, and costs are rising but the Shire organisation is also facing significant cost escalation for operations with limited additional funding. Any change of strategy to fund the type of requests such as in this Agenda item are likely to have a significant impact on Shire activities given the number of incorporated bodies, community associations and not for profit groups that would likely be entitled to additional funding. To prevent significant operational and project reductions it is likely that additional revenue would be required through mechanisms such as increasing Rates or reducing certain Shire activities.
Organisational risk management:
It is unlikely that this matter in isolation would create any significant risk for the organisation. However, if Council changes strategy and agrees to fund incorporated bodies, community associations and not for profit groups at large, this may require the reduction in activities of the Shire organisation and/or a significant Rate increase, neither of which are likely to be popular with the entire community.
Financial Implications:
The cost of this request is outlined in the body of the report and are not budgeted in 2022/23.
Sustainability:
Environmental: Nil.
Economic: The cost of operating facilities by incorporated bodies, community associations and not for profit groups are not immune from economic impacts currently being experienced in Western Australia.
Social: Incorporated bodies, community associations and not for profit groups contribute extensively to local communities. These groups deserve support where possible.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council in accordance with the lease agreement and Council Policy 4.2.8 Property Leasing: 1) Not support the request from the Northcliffe Visitor Centre for Shire of Manjimup funding to support electricity, telephone and internet, water and insurance; and 2) Encourage the Northcliffe Visitor Centre to continue to apply for Community Grants each year to assist with income producing events as it has done in previous years.
|
|
ATTACHMENTS |
||
|
1⇨ |
Request for financial support Northcliffe Visitor Centre |
1 Page |
|
2⇨ |
Council Policy 4.2.8 Property Leasing |
6 Pages |
9.1.4 Request for Financial Assistance Toward Operating, Insurance and Utility Costs - Northcliffe Family and Community Centre
|
PROPONENT |
Northcliffe Family and Community Centre |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
58-60 Zamia Street, Northcliffe |
|
WARD: |
Coastal |
|
ZONE: |
Public Purpose |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F160744; P555654; P55655 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
30 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Northcliffe Family and Community Centre has written to the Shire of Manjimup (Shire) requesting financial support through payment of operational, insurance and utility costs. The letter of request is attached.
ATTACHMENT: 9.1.4 (1)
The purpose of this report is for Council to give due consideration to this request and decide on the matter.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The request uses justification from the Council decision (Minute Number 28964) from the Council meeting 17 November 2022 relating to Shire activities being provided equitably across the district. The Council resolution relating to this is as follows:
|
From the correspondence the request from the Northcliffe Family and Community Centre appears to be for the entire funding of the following amounts:
|
Item |
Amount 2022/23 |
|
Electricity |
$2,143 |
|
Gardening Incidentals |
$296 |
|
Cleaning consumables and equipment |
$1,999 |
|
Insurance |
$6,408 |
|
Water |
550 |
|
Cleaning, Gardening and Maintenance (Wages Only) |
$19,500 |
|
TOTAL |
$30,896 |
|
UNBUDGETED SHIRE FUNDS 2022/23 ($3,500 provided by community grants) |
$27,396 |
Whilst the request from the Northcliffe Family and Community Centre does not specifically say, it is also most likely to be an ongoing request with the inference to annual cost escalation in the correspondence. There is no indication of income generated by the Northcliffe Family and Community Centre to cover their expenses other than $3,500 provided by the Shire under the Community Grants program.
The Northcliffe Family and Community Centre operates under an established lease agreement with the Shire (land only) and this sets out responsibilities of the Lessee and the Lessor. In addition, Council Policy 4.2.8 Property Leasing (Policy) also details the responsibilities for the Lessor, being the Shire, and the Lessee, being the Northcliffe Family and Community Centre. A copy of the Policy is attached for Council’s information and details who is responsible for what.
ATTACHMENT: 9.1.4 (2)
Conclusion
If Council elects to support the request this will be inconsistent with the existing provisions within Northcliffe Family and Community Centres lease plus being contrary to Council Policy 4.2.8 Property Leasing. There is also no budget set aside to fund this request in 2022/23 and therefore the request is not supported.
STATUTORY ENVIRONMENT:
Under the Local Government Act 1995 Council has the ability to amend the Shire Budget at any time by Absolute Majority decision of Council.
Policy / Strategic Implications:
The Shire has 81 leases, sub-leases and licences to occupy for land or land and building predominantly provided to incorporated bodies, community associations and not for profit groups in addition to a smaller number of commercial leases and Government utility providers.
Council Policy 4.2.8 Property Leasing, lease agreements and licence to occupy agreements clearly address responsibilities in relation to operating costs and if any significant change of strategy on this matter is proposed by Council, most of these documents will require revision and amendment.
There is no doubt that volunteer numbers are declining and costs are rising but the Shire organisation is also facing significant cost escalation for operations with limited additional funding. Any change of strategy to fund the type of requests such as in this Agenda item are likely to have a significant impact on Shire activities given the number of incorporated bodies, community associations and not for profit groups that would likely be entitled to additional funding. To prevent significant operational and project reductions it is likely that additional revenue would be required through mechanisms such as increasing Rates or reducing certain Shire activities.
Organisational risk management:
It is unlikely that this matter in isolation would create any significant risk for the organisation. However, if Council changes strategy and agrees to fund incorporated bodies, community associations and not for profit groups at large, this may require the reduction in activities of the Shire organisation and/or a significant Rate increase, neither of which are likely to be popular with the entire community.
Financial Implications:
The cost of this request is outlined in the body of the report and aside from the community grant contribution of $3,500 to the Northcliffe Family and Community Centre is not budgeted in 2022/23.
Sustainability:
Environmental: Nil.
Economic: The cost of operating facilities by incorporated bodies, community associations and not for profit groups are not immune from economic impacts currently being experienced in Western Australia.
Social: Incorporated bodies, community associations and not for profit groups contribute extensively to local communities. These groups deserve support where possible.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council in accordance with the lease agreement and Council Policy 4.2.8 Property Leasing: 1) Not support the request from the Northcliffe Family and Community Centre for Shire of Manjimup funding to pay for operational, insurance and utility costs; and 2) Encourage the Northcliffe Family and Community Centre to continue to apply for Community Grants each year to assist with ongoing operational costs.
|
|
ATTACHMENTS |
||
|
1⇨ |
Request for financial support Northcliffe Family and Community Centre |
1 Page |
|
2⇨ |
Council Policy 4.2.8 Property Leasing |
6 Pages |
9.1.5 Request for Financial Assistance Toward Occupancy, Telecommunications and Insurance Costs - Southern Forest Arts
|
PROPONENT |
Southern Forest Arts |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Reserve 23740 Muirilup Road, Northcliffe |
|
WARD: |
Coastal |
|
ZONE: |
Parks and Recreation |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F160095; F160747; P53840 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
30 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Southern Forest Arts has written to the Shire of Manjimup (Shire) requesting financial support through payment of occupancy, telecommunications, and insurance costs. The letter of request is attached.
ATTACHMENT: 9.1.5 (1)
The purpose of this report is for Council to give due consideration to this request and decide on the matter.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The request uses justification from the Council decision (Minute Number 28964) from the Council meeting 17 November 2022. The Council resolution relating to this is as follows:
|
The financial support requested by Southern Forest arts is detailed as follows:
|
Item |
Amount 2022/23 |
|
Occupancy |
$2,086 |
|
Telecommunications |
$1,983 |
|
Insurance |
$4,662 |
|
TOTAL UNBUDGETED SHIRE FUNDS 2022/23 |
$8,731 |
The request from the Southern Forest Arts is also likely to be ongoing and be in the order of $8,731 per annum plus usual annual cost escalation. Southern Forest Arts obtained $8,000 from the Shire Community Grants program for two separate projects in 2022/23.
Southern Forest Arts operates under an established lease agreement (land only) with the Shire and this sets out responsibilities of the Lessee and the Lessor. In addition, Council Policy 4.2.8 Property Leasing (Policy) also details the responsibilities for the Lessor, being the Shire, and the Lessee, being Southern Forest Arts. A copy of the Policy is attached for Council’s information.
ATTACHMENT: 9.1.5 (2)
The Southern Forest Arts lease and Policy clearly details the Lessee responsibility for occupancy, telecommunications and insurance costs.
Conclusion
If Council elects to support the request this will be inconsistent with the existing provisions within Southern Forest Arts lease plus being contrary to Council Policy 4.2.8 Property Leasing. There is also no budget set aside to fund this request in 2022/23 and therefore the request is not supported.
STATUTORY ENVIRONMENT:
Under the Local Government Act 1995 Council can amend the Shire Budget at any time by Absolute Majority decision of Council.
Policy / Strategic Implications:
The Shire has 81 leases, sub-leases and licences to occupy for land or land and building predominantly provided to incorporated bodies, community associations and not for profit groups in addition to a smaller number of commercial leases and Government utility providers.
Council Policy 4.2.8 Property Leasing, lease agreements and licence to occupy agreements clearly address responsibilities in relation to operating costs and if any significant change of strategy on this matter is proposed by Council, most of these documents will require revision and amendment.
There is no doubt that volunteer numbers are declining and costs are rising but the Shire organisation is also facing significant cost escalation for operations with limited additional funding. Any change of strategy to fund the type of requests such as in this Agenda item are likely to have a significant impact on Shire activities given the number of incorporated bodies, community associations and not for profit groups that would likely be entitled to additional funding. To prevent significant operational and project reductions it is likely that additional revenue would be required through mechanisms such as increasing Rates or reducing certain Shire activities.
Organisational risk management:
It is unlikely that this matter in isolation would create any significant risk for the organisation. However, if Council changes strategy and agrees to fund incorporated bodies, community associations and not for profit groups at large, this may require the reduction in activities of the Shire organisation and/or a significant Rate increase, neither of which are likely to be popular with the entire community.
Financial Implications:
The cost of this request is outlined in the body of the report and are not budgeted in 2022/23.
Sustainability:
Environmental: Nil.
Economic: The cost of operating facilities by incorporated bodies, community associations and not for profit groups are not immune from economic impacts currently being experienced in Western Australia.
Social: Incorporated bodies, community associations and not for profit groups contribute extensively to local communities. These groups deserve support where possible.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council in accordance with the lease agreement and Council Policy 4.2.8 Property Leasing: 1) Not support the request from Southern Forest Arts for Shire of Manjimup funding to support occupancy, telecommunications, and insurance; and 2) Encourage Southern Forest Arts to continue to apply for Community Grants each year to assist with income producing events as it has previously done. |
|
ATTACHMENTS |
||
|
1⇨ |
Request for financial support Northcliffe Visitor Centre |
1 Page |
|
2⇨ |
Council Policy 4.2.8 Property Leasing |
6 Pages |
9.1.6 Western Australian Local Government Association Best Practice Governance Review
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Western Australian Local Government Association |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
All |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F160489 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
24 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Western Australian Local Government Association (WALGA) is currently undertaking a governance review particularly focussed on organisation composition and structure. As a shareholder and member of WALGA, the Shire of Manjimup has been consulted on the proposed options.
A Background Paper is attached to assist in Council’s understanding of the matter.
ATTACHMENT: 9.1.6 (1)
The Consultation Paper – Model Options is attached for consideration of Council to determine the most appropriate option.
ATTACHMENT: 9.1.6 (2)
Both Paper’s should be read together to assist Council in their decision making and the purpose of this report is for Council to determine which governance model they support.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
There are five governance model options identified in the Consultation Paper and they are best summarised by an extract from the Consultation Paper.
|
|
Option 1 – Two Tier Model, Existing Zones
This option creates a Board comprising 11 members that includes 4 metropolitan, 4 country and 3 independent skills based members. A Policy Council would be established under the same arrangements as State Council and the existing WALGA zones would be retained.
This model is considered to be more of a contemporary Board arrangement with a focus on WALGA strategy. The representation across the Local Government sector is retained as part of the Policy Council and the WALGA Zones enable the necessary local input. The Shire of Manjimup would retain direct representation as part of the South West Zone of WALGA (SWALGA) as part of the third tier in the model.
Option 2 – Board, Regional Bodies
This option creates a Board comprising 11 members that includes 4 metropolitan, 4 country and 3 independent skills based members. Differently this option creates four regional bodies with flexibility for individual Local Governments to join whichever body is most suitable for them. The third layer will be Policy Teams, Forums and Committees comprising membership from the Board, Regional Bodies and independent members.
Whilst this model creates a contemporary Board structure it is a very significant shift away from State Council and WALGA zones. This may lead to significantly less local representation and for this reason alone is not supported.
Option 3 – Board, Amalgamated Zones
This option creates a Board comprising 15 members that includes 6 metropolitan and 6 country elected from zones and up to 2 independent skills based members. The President is to be elected by the Board. Zones are retained but are amended into 6 metropolitan and 6 country zones. Under the proposal the SWALGA catchment is expanded to include Local Governments in the Great Southern district. The third layer will be Policy Teams, Forums and Committees comprising membership from the Board and independent members.
Whilst this model creates a contemporary Board structure, this option will retain some local representation but will increase the size of the current SWALGA zone comprising 12 member local governments by incorporating another 11 local governments from the Great Southern area to form a new zone with 23 member local governments. This is considered very problematic due to the actual number of members and the vast distances between the grouping.
Option 4 – Member Elected Board, Regional Groups
This option creates a Board comprising 11 members that includes 4 metropolitan, 4 country and 3 independent skills based members. It also utilises Policy Teams, Forums and Committees comprising membership from the Board and independent members. The third layer relies on Regional Groupings of Local Governments of many characteristics to feed upward in to the model.
The Shire of Manjimup is a member of the Warren Blackwood Alliance of Councils comprising the Shires of Manjimup, Bridgetown-Greenbushes, Nannup, Donnybrook-Balingup and Boyup Brook and under this model this would be the most likely Regional Group that would participate as the third tier in the model. Again there is some concern that this model may reduce representation from individual Local Government organisations in addition to presenting a number of issues if local governments are unable to be part of effective regional groupings.
Option 5 – Current Model
Under this existing model, State Council comprises 24 members plus the President. Members of State Council are elected from the 5 metropolitan zones and the 12 country zones. 12 members from the metropolitan zones and 12 members of the country zones form the State Council plus the elected State Council President. The Shire of Manjimup is part of the 12 Local Government members of SWALGA which elected Cr Tony Dean (Shire President of the Shire of Nannup) as SWALGA’s representative on State Council. The current model utilises Policy Teams, Forums and Committees made up of State Council members and independent members as the third tier in the model.
Generally, the current model works though it is likely that the State Council is unwieldy due to its membership size. However given the number of Local Government organisations in Western Australia (139) covering vast areas with many different complex issues to navigate, the current membership at least enables very strong representation equitably for all.
Conclusion
It is considered that options 2, 3 and 4 have a greater chance of reducing local government representation on WALGA and are not supported. Option 5 being the current model is effective but it is far from contemporary and possibly unwieldy due to its size. Option 1 creates a contemporary Board structure whilst retaining the most important representation attributes of the current model and for this reason it is recommended.
STATUTORY ENVIRONMENT:
WALGA is currently recognised by the Local Government Act 1995. Under current Local Government reform proposal it is likely that this recognition will be removed however WALGA will still remain as the collective advocacy representative for Local Government members across Western Australia.
Policy / Strategic Implications:
The Shire of Manjimup is a shareholder and member of WALGA. It is important that peak industry groups such as WALGA exist so they can collectively represent the Western Australian Local Government sector.
Organisational risk management:
Nil.
Financial Implications:
It is likely that under any Board structure as is proposed, Board members would receive fees for their services. This cost is not discussed in the consultation paper but could be in the order of $50,000 to $60,000 per member and more for office bearers such as the Board Chair. Whilst this cost would be spread across the 139 member Local Governments in Western Australia, it still is a significant cost that needs noting.
Sustainability:
Environmental: Nil
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council advise the Western Australian Local Government Association that: 1) It supports the Two Tier Model identified by Option 1 in the WALGA Best Practice Review Consultation Paper - Model Options; and 2) Expresses concern at the potential magnitude of Board member fees associated with every identified Board option as this is not discussed in the consultation paper.
|
|
ATTACHMENTS |
||
|
1⇨ |
WALGA Governance Review Background Paper |
20 Pages |
|
2⇨ |
WALGA Governance Review Consultation Paper Model Options |
22 Pages |
9.1.7 Shire of Manjimup Annual Report 2022 and Notice of Annual Electors Meeting
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
All of Shire |
|
WARD: |
All Wards |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Office of CEO |
|
FILE REFERENCE: |
F161497 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Jason Giadresco |
|
DATE OF REPORT: |
14 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Local Government in Western Australia is required to prepare an Annual Report each financial year and following its adoption, hold an Annual Electors Meeting in accordance with the Local Government Act 1995.
The audited Annual Financial Report for the 2021/22 year was informally received by the Audit Committee on 29 November 2022 from the Office of the Auditor General. The 2022 Annual Report, inclusive of the Annual Financial Report is tabled for Council’s consideration.
REPORT TABLED
PUBLIC Consultation Undertaken:
Notice of the availability of the Annual Report and notice of the Annual Electors Meeting for 2022 is required to be advertised in a newspaper circulating throughout the district.
COMMENT (Includes Options):
Council is required to adopt the Annual Report no later than the 31 December 2022.
Once the Annual Report is adopted, an Annual Electors meeting is to be scheduled. The Electors meeting requires at least 14 days public notice and is to be held within 56 days from the date the Annual Report is adopted.
It is recommended that the Annual Electors Meeting be held Thursday, 12 January 2023 commencing at 6.00pm.
Public attendance at recent Annual Electors Meetings has been very low.
STATUTORY ENVIRONMENT:
Sections 5.27, 5.29 and 5.54 of the Local Government Act 1995.
Section 5.53(2) requires the Annual Report to contain the following:
(a) Report from the President;
(b) Report from the CEO;
(e) Overview of the plan for the future including major initiatives to commence next year;
(f) Financial Report for the year;
(g) Prescribed information regarding payment to employees;
(h) Auditors report for the year;
(ha) Report required under the Disabilities Services Act;
(hb) Details regarding complaints made against Councillors during the year; and
(i) Other prescribed information.
Policy / Strategic Implications:
The Annual Report captures progress against the Shire’s adopted Corporate Business Plan.
Organisational risk management:
Nil.
Financial Implications:
The financial performance for the year ended 30 June 2022 is detailed in the 2022 Annual Financial Report. The organisations financial performance has also been the subject of quarterly financial review reports previously presented to and adopted by Council.
Sustainability:
Environmental: As detailed in the report.
Economic: As detailed in the report.
Social: As detailed in the report.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
|
That Council: 1. Adopt the 2022 Annual Report including the 2021/22 Annual Financial Report; 2. Endorse the scheduling of the 2022 Annual Electors Meeting to be held in Council’s JC Rose Room on Thursday, 12 January 2023 commencing at 6.00pm; and 3. Request the Chief Executive Officer to give public notice of the 2022 Annual Electors Meeting and the availability of the 2022 Annual Report for the Shire of Manjimup.
|
9.1.8 Council to Chief Executive Officer Delegations from 9 December 2022 to 3 January 2023
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
N/A |
|
WARD: |
Whole of Shire |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Office of CEO |
|
FILE REFERENCE: |
F161497 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Jason Giadresco |
|
DATE OF REPORT: |
14 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
At the Council meeting on 20 October 2022, Council resolved that after 8 December 2022, Council will not meet again until 19 January 2023.
The agenda for the 8 December 2022 meeting closed Friday 25 November 2022. This results in a period of 55 days elapsing before some matters will be considered by Council at the 19 January 2023 meeting, the agenda cut off for which is 6 January 2023.
The purpose of this report is to delegate decision making authority over this extended end of year period to the Chief Executive Officer.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Whilst the Chief Executive Officer has been delegated wide authority, which is partially delegated to other relevant officers, certain matters arise that require determination by Council only.
It is proposed that delegated authority be granted to the Chief Executive Officer for all Council functions (other than those matters requiring an absolute majority or specifically precluded by the Local Government Act 1995) to decide on matters that cannot be held over to the 19 January 2023 meeting. Exercise of such authority requires support by the Shire President and the relevant ward Councillor/s and will be reported to the Council at the 19 January 2023 meeting.
This practice has been followed for the last 25 years with only 10 occurrences of exercised authority being necessary over the vacation period.
STATUTORY ENVIRONMENT:
Section 5.42 of Local Government Act 1995.
Policy / Strategic Implications:
The strategic implication for assigning such authority is to allow development and other matters to proceed in a timely manner when Council is not sitting. This activity is corresponding 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:
By allowing the delegation of powers normally reserved for Council to the Chief Executive Officer, a measure of business continuity will largely be maintained throughout this period. Should Council elect not to approve the delegation, the timely actioning of Council’s statutory deadlines may be put at risk over this time.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
|
That Council delegate to the Chief Executive Officer for the period 9 December 2022 to 3 January 2023 power to determine matters which cannot be held over until the 19 January 2023 Ordinary Council meeting subject to this delegation being limited to:
a) Subject to restrictions below, any matter that arises during the delegated period;
b) Any matter advertised for public comment to which no valid objection has been received;
c) Any matter to which the Shire President and relevant Ward Councillor/s raise no objection;
d) Preclusion of those matters with delegation prohibition under the Local Government Act 1995; and
e) A report being presented to the 19 January 2023 Ordinary Council Meeting detailing any such delegations exercised.
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9.1.9 Consideration of Fee Waiver Request from Manjimup Cherry Harmony Festival 2022
|
PROPONENT |
Manjimup Cherry Harmony Festival Inc. |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
N/A |
|
WARD: |
N/A |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Office of CEO |
|
FILE REFERENCE: |
F160189 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Jason Giadresco |
|
DATE OF REPORT: |
15 November 2022 |
|
DECLARATION OF INTEREST: |
Members of the senior executive team and staff volunteer at the Manjimup Cherry Harmony Festival and associated events. |
Background:
Manjimup Cherry Harmony Festival Inc. has written to Council with a request to waive a number of fees and charges to assist in the festival’s facilitation. In considering this request it is appropriate to consider that on 29 September 2022, Council determined through Resolution 28896 to:
|
COUNCIL RESOLUTION:
Moved: Ventris, M Seconded: Taylor, R
28896 That Council: 1. In accordance with clauses 5.42(1) and 6.12(1)(b) of the Local Government Act 1995 temporarily grant the Chief Executive Officer delegated authority to waive bonds, subject to receiving written undertakings from the user to make good any damage, for their full amount for the hire of the following Shire facilities: a) Shire of Manjimup Art Gallery; b) Collier Street Pavilion; c) Manjimup Heritage Park; d) Manjimup Indoor Sporting Pavilion; e) Manjimup Town Hall; f) Manjin Park; g) Northcliffe Town Hall; and h) Site hire for markets and street functions. This delegation may not be sub-delegated by the Chief Executive Officer to other employees. 2. Note the delegated authority granted at Point 1 only pertains to the waiver of Shire facilities bonds for the following entities only: a) Non-commercial, not-for-profit organisations; b) Community groups located within the Shire of Manjimup; c) Sporting groups located within the Shire of Manjimup; and d) Charitable organisations; 3. Note that the temporary delegation under 6.12(1)(b) of the Local Government Act 1995 granted to the Chief Executive Officer at Point 1. above expires on 30 June 2023, unless it is included within the adoption of a revised Register of Delegations, Appointments and Authorisations within the current financial year; and
4. Note that the request for the waiver of any fee or charge listed in the 2022/23 Shire of Manjimup Fees and Charges received from the entities described at Point 2(a)-(d), and not subject to delegated authority of the Chief Executive Officer, is to be determined by Absolute Majority decision of Council at an Ordinary Meeting until the adoption of the 2023/24 Shire of Manjimup Fees and Charges has been actioned. CARRIED: 8/0
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Essentially, Resolution 28896 requires that any request to waive fees in the Shire of Manjimup Fees and Charges be presented to Council for determination across the 2022/23 Financial Year. A full copy of the agenda item providing the background to this approach is appended for Councillors’ reference.
APPENDIX: 9.1.9 (A)
The Local Government Act 1995 specifically excludes Council from delegating the ability to make decisions contrary to the approved budget to the Chief Executive Officer and instead requires these types of matters to be considered by Council utilising an Absolute Majority in the decision-making process.
Considering the above, the purpose of this report is to present to Council for determination a request for the waiver of fees for the Manjimup Cherry Harmony Festival, which will be held on Saturday 10 December 2022.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The Manjimup Cherry Harmony Festival is a volunteer run event designed to encourage visitors to the town and surrounding areas and to showcase local produce, and entertainment for families. The event attracts well over 5,000 people annually.
Recognised as a Category 4A event on the Shires Community Funds Allocation Policy 3.3.3 the Cherry Harmony Festival receives an annual event grant and event support. Shire support includes but is not limited to: $5,000 annual event grant; provision of the traffic management plan / signage; additional resources as requested; and event marketing and promotion.
In addition to the above, the Festival Committee have requested a waiver of all fees and charges associated with the hire of Shire venues.
Venues Requested and Associated Fees and Charges
As indicated in the table below the venue fees and charges applicable to the Cherry Harmony Festival 2022, (inclusive of the eligible 75% reduction for not-for-profit groups), at the time of preparing this report, and subject to the submitted waiver request are summarised as follows:
|
Venue |
Days |
Hire Fee |
Venue Bond |
Key/Fob Bond |
Cleaning Charge |
Utilities (est.) |
Music |
|
Sound Shell |
0.5 |
$0 |
$250.00 |
$75.00 |
$120.00 |
|
$11.30 |
|
Town Hall |
5 |
$390.00 |
$250.00 |
$250.00 |
$75.00 |
|
|
|
Town Hall Kitchen |
2 |
$888.00 |
$0 |
|
|
|
|
|
Heritage Park |
0.5 |
$0 |
$0 |
|
|
|
|
|
Manjin Park |
1 |
$0 |
$0 |
|
|
|
|
|
Coronation Park |
1 |
$0 |
$0 |
|
|
|
|
|
Brockman Street Precinct |
1 |
$0 |
$0 |
|
|
|
$11.30 |
|
Johnson Cres |
1 |
$0 |
$0 |
|
|
|
|
|
Giblett Street |
1 |
$0 |
$0 |
|
|
|
|
|
TOTAL |
|
$1,278.40 |
$500.00 |
$325.00 |
$195.00 |
$600.00 |
$22.60 |
Waste Fee Waiver
All waste tipping fees for the event are requested to be waived. It is difficult to quantify exactly how much the tipping fees will be, with the actual fee dependent on the amount of waste generated by the Festival. Shire Officers estimate that it will cost $600 in tipping fees, based on the event organisers ordering 30m3 of waste skip space. It is noted that these fees have been waived by Council in preceding years.
Other Charges Requested
The event organisers have also requested the waiver of:
· the Event Application Fee ($50); and
· the Overarching Traders Permit ($125) required for the event; and
· waiver of the utilities across all venues, at an approximate cost of $600.
Bonds for Venues, Keys and Fobs
Bonds are charged to ensure that facilities are left in good order, keys are returned and equipment borrowed is well cared for. The adopted fees and charges allow for the Chief Executive Officer to waive venue bonds in lieu of a written declaration of responsibility and agreement to “make good” any damages. Key, fob and equipment bonds are not eligible for waiver. All bonds, subject to the hirer meeting the required terms, are reimbursed in full post hire.
Conclusion
Council has full discretion as to whether the request to waive all associated venue hire fees and charges is endorsed in part, in full, or refused. It is recommended that Council assess the request on merit and when deliberating this request give careful consideration to any justification to support the decision. The decision as determined, and in respect of fairness and transparency, will likely be regarded as a guiding precedence for other not-for-profit organisations seeking waivers of fees and charges.
In conclusion, and in reference to the above, it is the Officer’s recommendation that Council consider approval of the waiver for venue hire fees, utilities and waste tipping fees only. The recommended waiver gives recognition to the significant economic stimulus the Cherry Harmony Festival delivers to the regional economy, acknowledges the sheer logistics of the event, and the number of volunteers who contribute and lastly to the financial and resource support already committed to the event by the Shire of Manjimup.
In addition to the above it is recommended that Council refuse the request for waiver of key/equipment bonds and other charges such as cleaning, music copyright and equipment hire as they are set to mitigate risk and to recover real costs.
STATUTORY ENVIRONMENT:
Local Government Act 1995 Section 6.12(1)
Subject to subsection (2) and any other written law, a local government may –
a) When adopting the annual budget, grant a discount of other incentive for the early payment of any amount of money;
b) Waive or grant concessions in relation to any amount of money; or
c) Write off any amount of money, which is owed to local government.
Policy / Strategic Implications:
The Shire of Manjimup Strategic Community Plan 2021 – 2031 contains the following being relevant to the request:
2. Our Prosperity
2.6 The region grows in reputation as a world-class culinary, agricultural, environmental and trails tourism destination.
B9. Encourage and support initiatives to encourage extended service provision and activate town centre
B14. Encourage and support quality Southern Forests visitor servicing and marketing.
3. Our Community
3.7 Our community is vibrant, dynamic and fun because we have access to a broad range of art, cultural, social and recreational opportunities
C2. Support volunteer community groups, encourage participation (particularly in the areas of emergency management) and acknowledge contributions to the community.
C19. Support public events to ensure they are successful and safe.
C20. Facilitate, develop and promote a broad range of cultural and art capabilities, facilities, events and achievements.
Organisational risk management:
Waiving of all fees and charges, which are already heavily subsidised, without considered and transparent justification, could be deemed as setting a guiding precedence for other not for profit hirers of community venues.
Any future review of the annual fees and charges to accommodate the future waiving of venue fees and charges will likely require an operational budget increase to accommodate this loss of revenue and ability to recover direct costs.
Further to the above and given the nature of the event a decision to waive hire fees could be justified and not regarded as one of setting precedence.
Financial Implications:
Whilst the dollar figures pertaining to this application are relatively small, there is a likelihood of a much bigger inherent financial risk to the organisation should the decision be made to waive all venue hire fees and charges and whereby other community groups perceive this as a precedence.
Sustainability:
Environmental: Nil.
Economic: The event is a significant economic stimulator for the region, increasing both direct and indirect spend.
Social: The Cherry Harmony Festival is patronised by many thousands of people. The event stimulates the visitor economy, activates the Manjimup town centre creating a sense of place and enhancing community spirit.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
|
That Council: 1. Approve the request by the Manjimup Cherry Harmony Festival Committee to: a) waive venue hire fees of $1278.40, for the Sandra Donovan Sound Shell, Town Hall and Town Hall Kitchen; b) waive the Event Application Fee of $50; c) waive the Overarching Traders Permit fee of $125; and d) waive all waste tipping fees; e) waive all electricity usage at all venues; for the 2022 Manjimup Cherry Harmony Festival; 2. Advise the Cherry Harmony Festival Committee to write to the Chief Executive Officer to waive venue bonds of $500 in lieu of a written declaration of responsibility and agreement to “make good” any damages as per the 2022 adopted Schedule of Fees and Charges; 3. Not support the request by the Manjimup Cherry Harmony Festival Inc. to waive fully refundable key, fob and equipment bonds of $325.00; and 4. Not support the request by the Manjimup Cherry Harmony Festival Inc. to waive post event venue cleaning charges of $195.00.
|
|
APPENDICES |
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|
a⇨ |
Agenda Item 9.1.2 - 29 September 2022 |
5 Pages |
9.2.1 Proposed Lease to Walpole Sport & Recreation Association Inc
|
PROPONENT |
Walpole Sport & Recreation Association Inc |
|
OWNER |
Crown (Management Order to Shire) |
|
LOCATION / ADDRESS: |
Reserve 21030, Lot 2 Latham Avenue, Walpole |
|
WARD: |
South |
|
ZONE: |
Parks and Recreation |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F160699 |
|
LEGISLATION: |
Local Government Act 1995 Land Administration Act 1997 |
|
AUTHOR: |
Jasmine Bamess |
|
DATE OF REPORT: |
28 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Walpole Sport and Recreation Association Inc lease a portion of Reserve 21030 from the Shire of Manjimup. The lease is due to expire 31 December 2022 and the association have requested a new lease.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
There are no outstanding issues under the current lease. The proposed lease is to continue under the existing arrangement. There will only be minor amendments to the lease to clarify the lessee responsibilities outside of the main recreational centre building.
STATUTORY ENVIRONMENT:
Section 3.58 of the Local Government Act 1995 deals with the requirements for leasing Shire land; however Section 30(b) of the Local Government (Functions and General) Regulations 1996 exempts from these requirements leases to charitable, benevolent, educational, recreational, sporting or other like bodies, provided the members are not entitled to receive any pecuniary profit. The proposed lease complies with this exemption.
Each lease on Crown land requires the approval of the Minister for Lands in accord with section 18 of the Land Administration Act 1997.
Policy / Strategic Implications:
In accordance with Council Policy 4.2.8 Property Leasing it is proposed that the lease will be for a term of ten years, with a ten year renewal option, at a rental of ten dollars payable on demand.
Organisational risk management:
Nil.
Financial Implications:
The lessee is responsible for the lease preparation fee set in the fees and charges.
Responsibilities for outgoings are outlined in the lease agreement and in accordance with Council Policy 4.2.8 Property Leasing.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: The recreation centre provides various recreational activities for the Walpole community.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
|
That Council authorise the Chief Executive Officer to execute a lease agreement with the Walpole Sport & Recreation Association Inc for portion of Reserve 201030 for a term of ten years, with a renewal option of a further term of ten years, at a rental of ten dollars payable on demand, subject to: a) the final lease area and conditions being to the satisfaction of the Chief Executive Officer; and b) approval of the Minister for Lands. |
9.3.1 Monthly Financial Activity Statement - October 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: |
23 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 31 October 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: 9.3.1 (1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The financial performance for the Shire of Manjimup to the 31 October 2022 is a projected profit of $34,888, due to an increase in the Shire’s annual Financial Assistance Grant.
The projected loss is based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under expenditure in other areas as the Shire progresses through the financial year.
There have been no moderate or significant issues identified in the October 2022 accounts. With the main item contributing to the projected gain being the increased General Purpose Financial Assistance Grant $62,436, a portion of this grant was offset at the Council meeting held 17 November 2022 with the remainder proposed to be offset when the December 2022 Budget Adjustments are presented to Council.
An area that is monitored regularly, are those accounts that indicate the level of economic activity within the Shire of Manjimup. Planning Development Fees, Building Fees and Property Information Fees are a valid measure of performance of the local economy. The graph shows a similar trend to last year, whilst the figures are slightly lower than October 2021, they show Planning Fees well ahead of budget and the continued high level of properties being sold compared to those years prior to the COVID-19 Pandemic.
The graphs below reflect what the expected cumulative budget to 30 June 2023 is (grey area), with the line graph representing actuals to 31 October 2022.
At present operating income to the 31 October 2022 is trending ahead of budget with actuals sitting at $15,817,891 compared to a budget of $15,385,199. Whilst a difference of $432,692 is significant, it is difficult to predict the timing of payments for special operating project grants. To date there are no areas of concern related to operating income.
Operating Expenditure is trending behind budget with actuals of $11,705,669 compared to a budget of $12,083,477, a difference of $377,808. This sort of variance is typical this time of year as one off grant projects that are operating in nature, generally accelerate expenditure in the latter half of the year.
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. Of note, capital expenditure is $997,961 ahead of this time last year. The availability of contractors will also influence the Works Directorate progression through their budgeted projects.
Other than the grants listed above, no other major discrepancies have come to light in the first four 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: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council receive the Monthly Financial Activity Statement Report for October 2022 as per Attachment: 9.3.1(1).
|
|
ATTACHMENTS |
||
|
1⇨ |
Monthly Financial Activity Statement - October 2022 |
16 Pages |
9.5.1 Proposed Comment on Draft Forest Management Plan 2024-2033
|
PROPONENT |
Department of Biodiversity, Conservation and Attractions |
|
OWNER |
Crown Land |
|
LOCATION / ADDRESS: |
National Park, State Forest and Conservation Estate |
|
WARD: |
N/A |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Development & Regulation |
|
FILE REFERENCE: |
F210188 |
|
LEGISLATION: |
Conservation and Land Management Act 1984 |
|
AUTHOR: |
Brian Robinson |
|
DATE OF REPORT: |
21 October 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Conservation Commission/Department of Biodiversity, Conservation and Attractions (DBCA) have released the Draft Forest Management Plan 2024-2033 for public comment, with the comment period closing on 18 December 2022.
Western Australia’s south-west forests are managed under the WA Regional Forest Agreement (RFA), a 20-year agreement between the Western Australian and Australian Governments. Regional Forest Agreements are long-term plans for the sustainable management and conservation of Australia’s native forests. RFAs seek to balance economic, social and environmental demands on forests by setting obligations and commitments for forest management that deliver:
· certainty of resource access and supply to industry – building investment confidence;
· ecologically sustainable forest management – ensuring forests are appropriately managed and regenerated; and
· an expanded and permanent forest conservation estate – to provide for the protection of Australia’s unique forest biodiversity.
The south-west forests, and the biodiversity they support are under increasing pressure from threats such as climate change, habitat loss and fragmentation, weeds and pest animals, altered hydrological regimes and inappropriate fire regimes.
Historically, the native timber industry has been one of the main forest-based industries in the south-west. The Warren Region forests provide direct and indirect socio-economic benefits and jobs in the Shire of Manjimup for a range of industries such as timber, tourism and recreation, basic raw materials (BRM), pest management, floristry, bee keeping, revegetation, machinery, milling processing and other forest-based business activities (firewood, burls, cones, craft wood, seeds).
On 8 September 2021, the State Government announced native forest logging would end from 2024. The most significant change for forest management from 2024 will be the cessation of large-scale commercial timber harvesting in native forests. In future the only timber to be removed from native forests will be sourced from management activities that improve forest health (such as ecological thinning) or clearing for approved mining operations and infrastructure.
Given the importance of the ongoing forest management to the Shire of Manjimup and its residents, Council is requested to consider a draft submission on the Plan as prepared by Shire Officers.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
As outlined within the draft Forest Management Plan 2024-2033, the new draft plan differs significantly from the previous plan in terms of its objectives and format. Preparation of the document by the State was preceded by two very strategic matters, being:
a) The South West Native Title Settlement being operational in February 2021, reflecting the need for the State to partner with the traditional owners in managing the conservation estate; and
b) The State Government announcing on 8 September 2021 that it was ending commercial timber harvesting from 2024.
Responding to these matters, climate change and a desire to enhance the conservation reserve system (consistent with the WA Regional Forest Agreement), the revised approach is incorporated within the following strategic goals as outlined in the plan:
1. To value and protect Noongar cultural heritage and support Noongar Traditional Owner involvement;
2. To conserve biodiversity and support ecosystem resilience;
3. To maintain or improve forest health and enhance climate resilience; and
4. To deliver social and economic benefits through the provision of goods and services.
No longer is the maintenance of productive capacity (as outlined in the current plan) a primary focus of the management document, although section 5.6.3 relates to forest based resources. Proposed recommendations relating to forest based resources are addressed under point 5 of the Comment Section of this item.
Stated Intent when dealing with Submissions
Whilst inviting comments on the future management of south-west forests, the document advises that for submissions to be effective, they need to be clear and concise, refer to page number or specific sections of the plan, clearly state reasons for agreeing with or disagreeing with the plan, provided sources for information in support of the comments and suggest alternatives for those aspects of the plan with which you disagree. The Plan furthermore states that:
1. The plan may be modified if a submission provides additional information of direct relevance to management, indicates or clarifies a change in legislation or management policy OR indicates omissions, inaccuracies or a lack of clarity; and
2. The Plan will not be modified if submissions support the plan, makes general or neutral statements, refers to issues beyond the scope of the plan, refers to matters already included or considered during its preparation, is one among several widely divergent viewpoints on the topic, contributes options that are not feasible or based on unclear or factually incorrect information.
Given the above, it is clear that to have effect, any submission from the Shire must be clear, specific and supported in fact.
Proposed Shire Submission
It is recommended that a submission is made by the Shire on the following sections of the plan:
1. Fire Management
The objectives of the plan are to manage fire in the planning area, protect life, communities and assets from the impacts of bushfire and to use and respond to fire to promote the maintenance of forest health, the conservation of biodiversity and mitigate the risk of bushfire in the planning area. The Management Activities state that there is a need to maintain capacity in fire management including prescribed fire, bushfire mitigation, detection and suppression.
In responding to requests to comments on planning applications, DBCA officers consistently advise that there should be no reliance on mitigation works within the conservation estate. Shire Officer’s experience is that firebreaks are not consistently installed or maintained abutting existing development or townsites.
In a drying climate, it is recommended that any submission from the Shire:
a) Request that the plan specifically refer to the maintenance of existing logging access roads, including bridges, for the purposes of fire mitigation;
b) The State give consideration to additional fire resources and mitigation budgets to ensure required firebreaks are established and maintained annually; and
c) The plan support improvements and expansion of the Manjimup Airport to cater for larger numbers of aircraft movements and supporting services and facilities as may be required.
2. Weed Management
The Plan makes the statement that for most weed species their control, or eradication is expensive, so preventing their introduction is a more cost effective option. Current recommendations in the plan do not address the need to increase efforts to control or eradicate weed species although the preceding text refers to management goals for localised eradication, density reduction and containment.
Weeds can have a significant impact on the health, environment and the biodiversity of the conservation estate and adjacent lands. It is regularly observed that weed species are located within the conservation estate on both private property and other crown reserves (i.e.) Windy Harbour. It is recommended that the Shire submission urge for the Management activity to include a recommendation for increased actions in terms of weed management.
3. Pest Animals
The document recognises that feral fox and cats are the most significant pests due to their impact on native flora, fauna. The Management Plan also recognise pigs, stating that the potential for effective management with localised eradication is feasible and that deer populations are small and localised so the opportunity exists to control or eradicate them.
The document does not however currently make reference to goats or the Brumbies in the Lake Muir Area.
The effects on flora from introduced species such as pigs, deer, goats and horses has the ability to result in increased weed invasion due to denuding of native vegetation and transfer of weeds.
Shire Officers recognise the difficulties and costs associated with addressing feral and pest animals. It is however recommended that the management activities should be aimed at eradication of feral pigs, deer, goats and Brumbies in addition to foxes and cats.
4. Nature Based Tourism and Recreation
The Management Plan recognises the potential for social and economic benefits of nature based tourism. This is seen to be an opportunity to offset some of the impacts associated with the cessation of commercial logging.
Currently the document contains a number of generalised management activities around quality recreation and tourism based facilities in suitable locations. With Nature Based Tourism being seen as a major opportunity to reduce the impact of the State Government decision to end native forest logging, it is recommended that the need to expand Nature Based Tourism opportunities within the Warren Blackwood area needs to be recognised within the draft management plan.
As elected members are aware, the Pemberton Trout Hatchery/Department of Primary Industries and Regional Development have completed preliminary investigations into the establishment of a Forest Interpretation Centre, based around the karri forest and freshwater ecosystems. Whilst several salt water/ocean based interpretation systems have been established in Western Australia, there are no Freshwater based interpretation centres.
With DBCA working on a number of projects in and around Pemberton and Walpole, it is recommended that a specific recommendation be included relating to the establishment of a Forest Interpretation Centre in Pemberton, based around the karri forest and freshwater ecosystems.
5. Forest Based Resources
Potential issues with no reference to commercial firewood operators and the fact that comments around ecological thinning are generalised.
Ecological thinning is an active forest management tool that involves the selective removal of individual trees to improve or maintain ecological values and reduce the current and future moisture stress of a given area. Ecological thinning aims to reduce competition between trees and facilitate persistence of the remaining vegetation, thereby maintaining greater structural diversity of habitat types.
Salvaging and removing the by-products of ecological thinning will reduce the bush fire hazard and make available a renewable forest product to stimulate local economic activity. Ecological thinning and salvaging will create a disturbance in the forest, as reported though the research program FORESTCHECK this disturbance may be beneficial for biodiversity.
The DBCA research program called FORESTCHECK is an integrated monitoring project, designed to provide information to forest managers about changes and trends in biodiversity associated with forest activities. The information gained from FORESTCHECK highlights the extraordinary diversity of life that thrives in the jarrah forest. Results published on the DBCA website detail that timber harvesting in the jarrah forest does not appear to have had a major impact on the number of species present. Further to this they clarify that:
· Analysis shows that harvested forest has a different composition of species to non-harvested forest.
· The change in species composition is necessary for ecological processes to continue and is one reason why the jarrah forest is so diverse.
It is recommended that components of the draft Forest Management Plan relating to these issues be supported.
6. Impact on Forest Based Business
Aside from the obvious impacts on the timber harvesting, milling and wood supply industries, the State Government decision to end native forest logging will have a significant impact on other forest-based business activities relating to firewood, burls, cones, craft wood, seeds and other flora. The draft Forest Management Plan does not address this impact on furniture manufacturers or the native flora harvesting industry, leaving their future uncertain. Whilst no doubt representatives from these industries will be making their own submissions on the draft document, it is recommended that the Shire of Manjimup also make comment on this issue.
The Shire of Manjimup Strategic Community Plan 2021-2031 contains the following Community Goals and Strategies that are relevant to this issue:
Community Goals
2.2 Existing core industries, such as agriculture and timber, are resilient, innovative and sustainable;
2.3 The local economy is diversified and supports a range of industries and job opportunities;
Strategies
B6. Encourage sustainable forest and timber industries, such as eco tourism, forest and fire management, craft wood, farmed timber and agroforestry.
B12. Provide development opportunities and support local businesses to thrive.
As reflected within the comments under section 5 above, ecological thinning and salvaging will create a disturbance in the forest, which as reported though the research program FORESTCHECK may be beneficial for biodiversity.
It is recommended that the Forest Management Plan be modified to acknowledge the above and provide certainty for forest based businesses such as the craft wood, furniture manufacturing and native flora harvesting industries moving forward.
Need for Key Performance Indicators
In order to accurately measure the success of the draft Management Plan, it is considered that a full range of Key Performance Indicators are required.
Conclusion
As reflected within the comment section above, the plan contains many generic statements regarding the ongoing management of the Conservation Estate.
Many aspects of the draft Forest Management Plan 2024-2033 lack detail and as a result there is much uncertainty regarding the ongoing viability of many businesses within the Shire that are dependent on products associated with Conservation Estate located within the district.
STATUTORY ENVIRONMENT:
Conservation and Land Management Act 1984 (CALM Act).
Policy / Strategic Implications:
Refer to Comment Section above.
Organisational risk management:
Without an increased effort in managing the risk of fire within the conservation estate, as a result of a drying climate, there is a perceived and real risk associated with the threat of fire to Shire and community owned assets and life.
Financial Implications:
Whilst there is no direct financial implications for the Shire of Manjimup, the draft Forest Management Plan will have significant impact on many businesses that are reliant on forest based products.
Sustainability:
Environmental: Refer to Comment Section above.
Economic: Refer to Comment Section above.
Social: Refer to Comment Section above.
VOTING REQUIREMENTS: SIMPLE MAJORITY
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That Council request the Chief Executive Officer lodge a submission on the Draft Forest Management Plan 2024-2033 addressing the following matters: 1. Modification of section 5.5.4 of the draft to: a) Specifically refer to the need to maintain existing logging access roads, including bridges for the purposes of fire mitigation and reflect this within the Management activities section of Table 16; and b) Support improvements and expansion of the Manjimup Airport to cater for larger numbers of aircraft movements and supporting services and facilities as may be required. 2. Request that the State Government give consideration to additional fire resources and mitigation budgets to ensure required firebreaks are established and maintained annually in order to offset the machinery and human resources that will no longer be available as a result of the significant scaling back of the native forest logging industry;
3. Modify section 5.5.5 to include a recommendation for increased funding and actions in terms of weed management, in order to control or eradicate localised weed invasion;
4. Update Section 5.5.6 of the draft to: a) Recognise the existence of feral goats in the district and the Brumby’s at Lake Muir; and b) Acknowledge that the populations of these animals are localised and there is an opportunity for effective management and eradication.
5. Modify Table 18 – Summary of management directions for pest animals to: a) Include reference to feral goats in the district and the Brumbies at Lake Muir within the 5th dot point, effectively recognising that the opportunity exists to control or eradicate them from the planning area; and b) Modify the Management Activities to ensure that the objective of eradicating feral pigs, deer, goats and Brumby populations within the planning area; and c) Identify the need to increase resources and budgets to achieve the same.
7. Section 5.6.1 of the draft be updated to: a) Include reference to the fact that Nature Based Tourism is recognised as major opportunity to reduce the economic impact of the State Government decision to end native forest logging, offsetting job losses associated with the native forest logging industry; and b) Recognise the need to expand Nature Based Tourism opportunities within the Warren Blackwood area.
8. Update Table 24 to include a specific recommendation within the Management Activities to establish a Forest Interpretation Centre in Pemberton, based around the karri forest and freshwater ecosystems based on the initial study completed by the Department of Primary Industry and Regional Development;
9. Updated section 5.6.3 relating to Forest-based resources to: a) Acknowledge as reported through the research program FORESTCHECK, ecological thinning and salvaging will create a disturbance in the forest which may be beneficial for biodiversity; b) Provide certainty for forest product based businesses such as the craft wood, furniture manufacturing and native flora harvesting industries moving forward; and c) Update the key points and considerations, and the Management Activities section to reflect the same.
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9.5.2 Proposed Animal Establishment (Breeding) at Lot 8160, 30499 South Western Highway, Quinninup
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PROPONENT |
Miss G H Chvojka |
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OWNER |
Mr T A & Mrs H R Chvojka |
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LOCATION / ADDRESS: |
Lot 8160, 30499 South Western Highway, Quinninup |
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WARD: |
East |
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ZONE: |
General Agriculture |
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DIRECTORATE: |
Development and Regulation |
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FILE REFERENCE: |
DA22/167 P56463 |
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LEGISLATION: |
Planning and Development Act 2005 |
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AUTHOR: |
Karleha Brown |
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DATE OF REPORT: |
14 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
An application has been received for a proposed Animal Establishment at Lot 8160 (30499) South Western Highway, Quinninup. The subject property is 57.51 hectares and is located to the east of State Forest. The land is predominantly pasture and contains two dwellings along with a number of outbuildings and rainwater tanks. A location plan is shown below.
Location Plan
The applicant is proposing to establish a dog breeding business where they intend to keep up to seven (7) dogs within the most southern dwelling and adjoining fenced yard. A copy of the submitted application form and supporting information is attached.
ATTACHMENT: 9.5.2 (1)
Following the close of advertising, the applicant submitted additional details regarding the proposed construction of three kennels, to be located 13m from their home immediately north of an existing water tank. A copy of the additional information is shown attached.
ATTACHMENT: 9.5.2(2)
Council is requested to consider the application as Shire Officers do not have the delegated authority to determine applications for an Animal Establishment. A concurrent application for a Kennel Licence under the Shire of Manjimup Dog Local Law 2004 will be considered by the Chief Executive Officer following determination of this application and having regard to Council’s decision.
PUBLIC Consultation Undertaken:
The proposal was advertised in accordance with clause 9.6 of the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme) to the adjoining landowners for a period of 21 days and to the Department of Biodiversity Conservation and Attractions (DBCA) for a 42-day period.
In response, DBCA advised that they had no objection or comment to make and one submission was received from an adjoining landowner. A copy of the adjacent landowner’s submission is attached, whilst the matters outlined in the submission are discussed in the comment section below.
ATTACHMENT: 9.5.2 (3)
COMMENT (Includes Options):
The subject land is zoned General Agriculture by the provisions of the Scheme.
Matters to be Considered
In determining an application for planning approval, the local government is required to have regard to various matters as outlined within clause 10.2 of the Scheme. These matters include, but are not limited to:-
(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating in the district;
(xv) the preservation of the amenity of the locality;
(xxvi) any relevant submissions received on the application.
Zoning Purpose
The purpose of the zone is to provide for the sustainable use of rural land which primarily accommodates a range of rural pursuits compatible with the capability of the land and which retains the rural character and amenity of the locality.
Consistent with the purpose, an objective for the zone relevant to this application is to support appropriate non-rural uses where they are compatible with adjoining nearby rural uses, environmental attributes, and landscape to compliment the primary production use of the land where a site contains remnant vegetation.
The proposed Animal Establishment is consistent with the objectives and purpose of the zone as the primary activities on the property are agricultural based, including horse breeding.
Land Use Definition
An Animal Establishment is defined as “a premises used for the breeding, boarding, training or caring of animals for commercial purposes but does not include animal husbandry – intensive or veterinary centre”.
Land Use Permissibility
An Animal Establishment is an ‘A’ land use within the Scheme meaning, “that the use 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.”
Impact on Amenity
There are two dwellings on the subject property, the proposed Animal Establishment is located approximately 120m from the southern property boundary.
An existing dwelling on Lot 30591 to the south is located approximately 235 metres from the proposed kennel location and approximately 245 metres from the applicant’s home. It is noted that the EPA Guidelines for Separation Distances between Industrial and Sensitive Land Uses recommends that in Rural areas, Dog Kennels should be located a minimum of 500m from a sensitive land use, such as a dwelling located on an adjacent property.
The recommended distance is a generic distance recommended in the absence of a site-specific technical study. The potential for creation of noise associated with a kennel is directly associated with the number of animals to be kept, their breed and the construction standard and orientation of the kennel openings.
The applicant, in an attempt to mitigate the potential for noise, is proposing to use the water tank which is located between the proposed kennels and property boundary as an additional sound buffer to the adjoining residence. Proposed kennel openings are orientated northward.
Submissions Received
An adjoining neighbour has raised a concern relating to potential impacts from the proposed animal establishment and kennel licence relating to noise, containment of the dogs within the property boundary and the impact on the amenity of their property.
Noise
Concern was raised in regard to the potential impact upon their amenity from the dogs barking when they are housed in their kennels.
The applicant has stated that the dogs will be mostly located within the dwelling. The pups with be birthed inside the bedrooms where they will remain until they are whelped. The other dogs will also be located within the dwelling unless they are required to be placed in the kennel which will not occur on a regular basis.
Given the location of the kennels located on the north side of the existing water tank, the number of animals to be kept and the orientation of the kennels, the potential for noise impact will be minimised. From a recent site inspection held by the Shire’s Senior Ranger, there was established vegetation on the neighbour’s property between the existing dwelling and the neighbour’s residence.
Fencing
The submission has raised concern that the there is no contained area for the dogs to freely exercise, creating the risk of dogs traversing onto the neighbouring property.
A contained outdoor area for exercising the dogs has been demonstrated around the exterior of the dwelling. The applicant has also mentioned that they intend to establish a horse arena for the dogs to be exercised freely within. In addition, a contained area as part of the kennel construction has also been proposed. It is considered that the dogs can be contained on site for exercise purposes and monitored to ensure that they do not leave the property boundary.
Notwithstanding this, an appropriate condition may be imposed to ensure that the dogs are not permitted to wander freely.
Impact on Amenity
Concern was raised that the proposed Animal Establishment will impact upon their privacy due to potential buyers of the dogs visiting the property. From recent verbal discussions with the landowner there will be potential for 3 litters per year. Given the location of the dwelling and kennels, being a minimum 235 metres from the adjacent landowners’ home, and the limited number of litters that will result from the breeding, the number of purchasers will be limited and their attendance at the applicant’s home is unlikely to have impact on the adjacent landowners use and enjoyment of their home.
It is considered that the activities associated with the Animal Establishment will be significantly less than what may be experienced from other permitted activities that can be undertaken in a General Agricultural Zone.
Wandering Dogs
The adjacent landowner has also raised concerns over the potential for female dogs on heat to attract male dogs that may be in the area. This comment cannot be supported as any dog wandering is a contravention of the Dog Act 1976 and the Shire of Manjimup Dog Local Laws 2004. The applicant cannot be held liable for other irresponsible dog ownership that may or may not occur.
Compliance with Shire of Manjimup’s Dog Local Law 2004
A concurrent application has been made for a Kennel License in accordance with the provisions of the Shire of Manjimup Dog Local Law 2004 (Local Law).
To demonstrate their intent to comply with the Local Law, the applicant has submitted a plan detailing the proposed kennels to be constructed on the subject property. This plan was received following the advertising period. A copy of the plan is attached.
The applicant is proposing to establish 3 kennels 13m southeast of the existing dwelling. Each kennel is proposed to be 2m wide, with a 1m x 2m undercover area with concrete base and 5m x 2m contained grassed area for exercise. The construction materials of the kennel are Colorbond® sheeting on each side and roof, and the exercise area is to be mesh. To reduce the noise that may emanate from the kennels, the structure has been placed parallel to an existing water tank as a buffer between the kennels and the neighbouring property.
The proposed three (3) kennels are to accommodate the number of dogs proposed to be kept on the property that are above the general allowance of four (4) dogs under the Local Law.
Conclusion
The proposed Animal Establishment at the property is consistent with the objectives of the zone and it is considered to have minimal impact of the amenity of the locality, given the distance to the adjoining dwellings, location of the kennels and established vegetation buffer on the neighbouring property. An approval that limits the number of dogs to be licenced on the property is recommended to ensure that there are only 7 dogs on the subject property.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Local Planning Scheme No.4.
Policy / Strategic Implications:
Nil.
Organisational risk management:
Nil.
Financial Implications:
The required development application fees have been paid by the applicant.
Sustainability:
Environmental: Nil.
Economic: The proposed business will provide the landowner with an additional source of income.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
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That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4, grants planning approval for an Animal Establishment (Breeding) at Lot 8160, 30499 South Western Highway, Quinninup (TP165/2022) as outlined in the plans and specifications shown at Attachment: 9.5.2(1) and Attachment: 9.5.2(2), subject to the following conditions: 1. The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
2. The maximum number of adult dogs housed at the premises being seven (7) at any one time; 3. The use hereby approved must be managed so as to not detrimentally impact on the amenity of the adjacent land through the emission of noise or odour to the satisfaction of the Shire of Manjimup; 4. Animals associated with the use shall be confined to the property, unless accompanied by the applicant/landowner; and 5. The kennels are not to be used as commercial boarding kennels at any time without prior planning approval. Advice to Applicant i) The development subject to this planning approval must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911 and Shire of Manjimup’s Health Local Laws 2020. ii) The development subject to this planning approval must comply with the requirements of the of the Shire of Manjimup’s Dog Local Law 2004.
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ATTACHMENTS |
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1⇨ |
Attachment No 1 - Supporting Information and Photographs |
4 Pages |
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2⇨ |
Attachment No 2 - Proposed Kennel Plans |
2 Pages |
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3⇨ |
Attachment No 3 - Adjacent Landowner Submission |
2 Pages |
9.5.3 Proposed Caravan Park including Retrospective Structures at Lot 4 (34) Lawson Road, Callcup
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PROPONENT |
Mrs T M Dearle |
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OWNER |
Mr G A & Mrs T M Dearle |
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LOCATION / ADDRESS: |
Lot 4 (34) Lawson Road, Callcup |
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WARD: |
West |
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ZONE: |
General Agriculture |
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DIRECTORATE: |
Development and Regulation |
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FILE REFERENCE: |
DA21/121; P51442 |
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LEGISLATION: |
Planning and Development Act 2005 Caravan Parks and Camping Ground Act 1995 |
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AUTHOR: |
Brian Robinson/Kaylene Roberts |
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DATE OF REPORT: |
15 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to determine an application for a Caravan Park (Nature Based) located on Lot 4 (34) Lawson Road, Callcup. A copy of the location and site plans are attached.
Location Plan
The site has an area of 3.8 hectares and is located 332m from the intersection of Lawson and Callcup Roads some 12.8 kilometres from the Pemberton town centre. The property contains a dwelling and two outbuildings, one with a tank and the other to be used as part of the campground. A small dam is also located to the rear of the property.
The applicant is proposing to utilise the site for a caravan park that the applicant describes as a single camp site catering for group bookings. While the applicant states primarily self-contained campers, supporting documents outline intention for camp kitchen, toilet and ablution block for groups.
Shire Officers have been working with the applicant since the initial lodgement of the application form in September 2021 to obtain a level of information suitable to determine the application. The information provided to date is described as follows:
September 2021
· Completed Application Form;
· A Management Plan – being a form intended for Holiday House applications;
· An Emergency Plan – being a form intended for Holiday House applications; and
· A Bushfire Attack Level Assessment.
July 2022
· Emergency Evacuation Plan.
September 2022
· July 2022 updated to provide Bushfire Management and Evacuation Plan.
October 2022
· Revised Site Plan/Evacuation Map.
Copies of the submitted Management Plan, Emergency Plan, Bushfire Management and Evacuation Plan and Revised Site Plan are shown attached.
ATTACHMENT: 9.5.3(1)
The application is referred to Council for determination as the land use is identified as an ‘A’ use by the Shire of Manjimup Local Planning Scheme (the Scheme) and Shire Officers do not have delegated authority to approve the proposed use. The matter is also referred to Council as details obtained from the website “Hipcamp” and information contained in the submitted Bushfire Management Plan indicate that the applicant has commenced the development.
PUBLIC Consultation Undertaken:
The application was advertised in accordance with Clause 9.6 of the Scheme for a period of 21 days consisting of correspondence to adjoining landowners, a notice in the local paper and a sign was placed on site.
The application was also referred to the relevant Government Agencies these being Department of Biodiversity, Conservation and Attractions (DBCA), Department of Fire and Emergency Services (DFES) and Department of Planning, Lands and Heritage – Planning (DPLH) for a period of 42 days.
At the close of advertising, a total of four (4) submissions were received – one from an adjoining landowner and the other 3 were from DBCA, DFES and DPLH. A copy of these submissions are attached and will be discussed in the comment section below.
ATTACHMENT: 9.5.3 (2)
COMMENT (Includes Options):
The provisions of the Scheme include the subject land within the General Agriculture Zone. In determining an application for planning approval, Clause 10.2 of the Scheme requires that various matters are taken into account, including but not limited to:
“(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;
(iii) any approved State Planning Policies of the Commission;
(xiv) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk.”
Zone Purpose and Objectives
The purpose of the General Agriculture zone is to “provide for the sustainable use of rural land which primarily accommodates a range of rural pursuits compatible with the capability of the land and which retains the rural character and amenity of the locality.” Consistent with this purpose clause 4.5.2 outlines that the local governments objectives in managing and guiding land use development and subdivision within the zone include, but are not limited to:
(i) Encourage the protection of the rural infrastructure and land resource;
(iii) To permit low impact tourist accommodation – short stay proposals where relevant provided that any impact from any such uses or development is contained on-site;
(iv) Support appropriate non-rural uses where they are compatible with adjoining nearby rural uses, environmental attributes and landscape to compliment the primary productive use of the land where the site contains remnant vegetation and other environmental features or lacks realistic potential for agricultural use the local government will consider the proposed non-rural uses as the predominant use on its merits.”
In this case the property, which has a very limited area of 3.8ha currently has no agricultural uses. Shire officers have ascertained that the distance to the agricultural activities on adjoining properties is 140m. It has been determined that the proposal is unlikely to increase the potential for land use conflict given the location of the site and distance surrounding agricultural operations. It is also noted that given the environmental assets and sensitivities in the area, the property is unlikely to be suitable for agricultural uses.
On the above basis, the proposal is consistent with the objectives for the General Agriculture Zone.
Land Use Classification
The Scheme defines a Caravan Park as an area set aside for the parking of caravans under the by-laws of local government or the Health Act (Caravan Parks and Camping Grounds) Regulations 1974, made pursuant to the provisions of the Health (Miscellaneous Provisions) Act 1911, or any amendment thereto, or any regulation or by-laws from time to time standing in place of them.
It should be noted that the Health Act (Caravan Parks and Camping Grounds) Regulations 1974 have been superseded by the Caravan Park and Camping Grounds Act 1995 and the associated Caravan Parks and Camping Grounds Regulations 1997.
Land Use Permissibility
A Caravan Park is an ‘A’ use in the Priority Agriculture zone. That is a use not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.6 of the Scheme.
State Planning Policy 3.7 (SPP No 3.7) – Planning in Bushfire Prone Areas
The property is located within an area declared as ‘bushfire prone’ by the Fire and Emergency Services Commissioner under the Fire and Emergency Services Act 1998. The applicant has had a Bushfire Attack Level (BAL) assessment undertaken by an accredited BAL Assessor and the bushfire rating for this property was a BAL-29.
The proposal is consistent with the definition of vulnerable land use being a land use where persons may be less able to respond in a bushfire emergency, including short-stay accommodation where users are unaware of their surroundings and may need assistance or direction in the event of a bushfire.
The risk to the guests is reduced, given the Manager/owner resides on the subject property.
Vulnerable Land Use
Within their submission, DPLH highlight that the application needs to be assessed as a Vulnerable Land Use and referred the Shire to the Western Australian Planning Commission’s Position Statement for Tourism in Bushfire Prone Areas.
The provisions of clause 6.6.1 of State Planning Policy No 3.7, state that vulnerable land uses should not be supported unless they are accompanied by a Bushfire Management Plan jointly endorsed by the relevant government and the State authority for emergency evacuation and that development applications should include an emergency evacuation plan and/or a risk management plan for any flammable on site-hazards.
The final version of the Bushfire Management/Evacuation Management Plan has been deemed as acceptable by the Shire’s Community Emergency Services Manager. DFES is yet to approve the Plan and their comments are discussed overleaf.
Position Statement – Tourism Land Uses in Bushfire Prone Areas
The Western Australian Planning Commission through the Department of Planning Lands and Heritage (DPLH) released a Position Statement in November 2019. The Statement recognises that the protection of property or infrastructure may be secondary to the social and economic development of a region but that protection of life is always the primary objective.
Submissions Received
As stated in the Public Consultation section above, four submissions were received on the proposal and are discussed below.
Adjoining Landowner
The landowner has stated that the proposal is well thought out in regard to tourism but have stated privacy and noise impacts to the three adjoining properties needs to be considered. They have also stated that as they are producing avocados on their property and biodiversity needs to be protected, the guests should be advised not to wander onto the property.
DPLH Submission
DPLH have stated that the subject property is located within a bushfire prone area, use of the property for tourism as proposed is considered a vulnerable land use and Council will need to be satisfied that there were suitable management arrangements in place to manage risk in case of emergency.
DBCA Submission
DBCA have stated that they have no objections to the proposal and that it is adjacent to lands managed by the department and from time to time activities may take place in the adjoining Warren State Forest and these are:
· Prescribed burning for the enhancement and conservation of biodiversity and/or fire hazard reduction purposes;
· The application of herbicides and other chemicals for weed and plant disease control; and
· Road construction and maintenance.
DBCA’s preference is that a minimum setback of 50m is maintained between its land and any camping sites. The application as submitted does not comply with this requirement.
DBCA have also stated that the emergency exits 1 – 3 are accessing department-managed roads and these roads are open to the public with no restrictions on their use. The department have advised that they will only maintain the roads on a departmental needs basis and there should be no expectation that they will be in an available or suitable condition to be used as an emergency exit.
DFES Submission
Within their submission, DFES have highlighted that the proposed development is within a designated bushfire prone area and that in accordance with the requirements of SPP3.7, any development within a bushfire prone area is to be accompanied by a BAL Assessment, BAL Contour Map as well as identification of any bushfire hazard issues arising from the BAL Contour Map or the BAL assessment. From their response, it appears that the original BAL assessment was not provided to DFES as part of the request for their comment.
DFES also advise that an assessment against the bushfire protection criteria requirements contained within the guidelines is required. The proposed land use will also need to demonstrate compliance to Policy Measure 6.6 – Vulnerable or High risk land uses of SPP 3.7.
Given the above, the proposed Bushfire Management Plan is required to be updated prior to commencement of the activity.
Inconsistencies
The application as submitted contains a number of inconsistencies. Should the proposal be supported, it is recommended that a condition be imposed requiring these inconsistencies to be addressed. The following is a summary of the inconsistencies identified.
Site Plan
Plans submitted with the application show that the proposed camping area has a dimension of 75m by 200m which equates to 1.5ha. The plan states that the campground is 0.8ha (2 acres) in area. Shire staff have measured the area as being is 60m by 75m, being approximately the 0.8ha (2 acres) as quoted by the applicant.
It is also noted that the boundary dimensions are incorrect.
Self-Contained Camping
The initial Management Plan submitted in September 2021 makes several statements that guests will be required to be fully self-contained. One statement being that “guests must be fully self-contained, bring their own toilet facilities (they will be made aware of the dumping station in Pemberton) and must bring their own potable water”.
Additionally, the submitted Bushfire and Evacuation Plan also states that that “the campground is targeting fully self-contained campers who travel in groups”, but details submitted with the application also includes the following statements:
· This includes caravans and campers, both two and four wheel drives;
· A camp kitchen is being provided; and
· A shower and toilet are being provided.
It is also noted that advertising associated with the proposed activity has indicated that the site is suitable for cars, camper trailers and tents. Such vehicles are clearly not self-contained and will be reliant on on-site facilities being provided.
The applicants appear to have the understanding that guests providing their own chemical toilet would be considered self-contained. This is not the case. Camper Trailers, cars and tents are not considered self-contained as they do not include a kitchen, shower and toilet within the vehicle.
Should approval be granted to the proposed use, it is recommended that until such time as facilities are established with appropriate services including effluent disposal and appropriate approvals in place, all campers should be required to be within self-contained vehicles.
Site Numbers
The applicants have referred to the use providing one campsite. The initial application indicates that there will be parking for 10 guests and up to 40 guests will be accommodated (including children). The subsequent Bushfire Management/Evacuation Plan states that 7 sites will be provided.
As outlined below, the Caravan and Camping Grounds Regulations 1997, a maximum of 1 caravan is permitted per site. Other submitted documentation acknowledges that there will be 10 sites.
Caravan and Camping Grounds Regulations 1997
The Caravan and Camping Grounds Regulations 1997 set out how various caravan parks and camping areas are classified and the level of facilities that are required to be provided. In terms of the current proposal, being for a Nature Based Caravan Park, the following facilities are normally required:
· Entrance roads and two way roads within the nature based park are to be 6 metres in width, one way 4 metres in width;
· Although facilities road are to be constructed and maintained as is approved, they need not be paved or sealed;
· Unless otherwise approved, a nature based park is required to have at least two toilets for every 20 sites;
· As many showers and hand basins as is approved;
· Each shower is to meet an identified set of standards and unless as otherwise approved, have water, not less than 45 degrees;
· At least fire extinguisher in an area accessible to all persons in the facility;
· Unless otherwise approved, a tap for use by all occupiers; and
· Rubbish bins provided as approved.
The provision of a dump point is not required for Nature Based Campgrounds.
At this point, the applicant has not submitted a detailed site plan indicating any roadways within the Caravan Park. Shire Officers also consider it inappropriate to refer guests to the dump point in Pemberton, which is operated by the Pemberton Caravan Park.
It is also considered inappropriate for guests to be directed to take refuse to the Pemberton Transfer Station. With guests to stay for periods of up to 28 days, it is recommended that the owners/operators should be responsible for managing guest rubbish. Should the application be supported, it is recommended that a revised management plan be required, demonstrating how refuse is to be dealt with on-site.
Use/Activity Already Commenced
An internet search of the applicants trading name “Jaspers Tree Campground” indicates that the applicants have already commenced the development, with the following aspects of the development already established:
· The original shed has been extended with a 9m by 12m gabled roof structure to provide a covered recreation area for campers;
· A Campers kitchen has been established with cooking facilities, a refrigerator and sink connected to a water source;
· A shower and toilet have already been established on site.
Whilst the owner has been directed to cease the land use, and appears to be complying, approval to the associated facilities is now retrospective. As a result:
a) Additional application fees are now payable by the proponent; and
b) A Modified penalty has been issued for the completion of the building work and installation of the facilities without having first obtained prior approval.
Furthermore, no building permit has been sought or issued for the extended structure or the change of use from a rural outbuilding to a camper’s kitchen etc. Prior approval was also not sought for the installation of an appropriate effluent disposal system and the type of installation was unknown at the time of preparing this agenda item.
Within the Information Guide for guests, it states that there is a fire blanket in the camp kitchen as well fire extinguishers located on the shower wall and kitchen as well as one located on the floor near the shower door.
Shire Officers also identified that the applicants have been advertising the caravan park (nature based) through Hipcamp as well as Facebook. Photographs on the internet indicate that a number of groups have already been utilising the facilities. There are photographs showing camper trailers showing a row of camper trailers, tents and cars. The owners indicate that these were family and friends, trying to boost the reputation of the facility before they commence operation.
As a result, Shire Officers have issued a direction to cease the use. The applicants have suspended the ability to make bookings.
Conclusion
The proposed use is consistent with the objectives of the Rural Zone. However, there are a number of inconsistencies within the submitted documentation. Should the application be supported, it is recommended that conditions be imposed to:
a) Require submission of a revised site plan (to scale) with correct lot dimensions, compliance with a minimum setback of 50m as requested by the Department of Biodiversity, Conservation and Attractions and a suitable road layout;
b) Ensure that all vehicles are wholly self-contained until such time as all necessary approvals are obtained for the camp kitchen, associated water source and effluent disposal systems;
c) Amendment of the Bushfire Management/Evacuation Plan to the satisfaction of the Department of Fire and Emergency Services as required under State Planning Policy No 3.7 and the Western Australian Planning Commissions Position Statement – Tourism Land Uses in Bushfire Prone Areas;
d) Submission of a refuse management plan demonstrating how the owners/operators will be dealing with refuse collection on-site; and
e) An update of the submitted management plan details to ensure guests are aware of point b) above and to remove reference to the Pemberton Dump Point being a privately owned and operated facility.
It is recommended that the above requirements be met prior to the commencement of the Caravan Park.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005, Caravan and Camping Grounds Act 1995, Local Planning Scheme No. 4 and State Planning Policy 3.7 Planning in Bushfire Prone Areas. A modified penalty has been issued for the commencement of works associated with the proposal without the prior approval of the Shire as required under Local Planning Scheme No 4.
Policy / Strategic Implications:
Approval to the application is consistent with Strategy B12 of the Shire of Manjimup’s Strategic Community Plan 2021 – 2031, being to “provide development opportunities and support local small businesses to thrive.”
Organisational risk management:
There is a risk that allowing the ongoing use of facilities established on-site without the owners/operators first obtaining the necessary facilities will set a substantial and undesirable precedent in respect of unauthorised development. It is also considered that unless the owners are required to manage waste on-site, the cost of refuse disposal associated with the Nature Based Caravan Park will be met by the Shire.
Financial Implications:
The proponent has paid an initial application fee. However, as a substantial amount of the associated infrastructure has been installed without approval, approval to the associated infrastructure is now retrospective and the payment of an additional fee of $294 is required.
Sustainability:
Environmental: The ongoing use of an unapproved effluent disposal system will have a detrimental impact on the environment. It is recommended that until such time as all facilities are approved and brought up to an acceptable standard, any camping should be restricted to fully self-contained vehicles only. This will ensure that with appropriate management there will be minimal or no environmental impact.
Economic: The proposal if approved by Council will allow for a greater number of tourists being able to stay in Pemberton at this property and potentially increase the economic return of local businesses.
Social: The proposal seeks to provide an increase to a tourist short stay product in a locality valued for its natural attractions and amenity.
VOTING REQUIREMENTS: SIMPLE MAJORITY
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That Council: 1. Subject to payment of additional planning application fees of $294 for relating to the retrospective aspect of the proposed development/use, grants retrospective planning approval for Caravan Park (Nature Based) at Lot 4 (34) Lawson Road, Callcup (Application TP112/2021) pursuant to Clause 8.6 and Part 10 of Shire of Manjimup Local Planning Scheme No. 4, in accordance with the plans as attached at 9.5.3 (1) and subject to the following conditions: a) Prior to commencement of the use hereby approved, the applicant shall: i. Submit a revised site plan (to scale) to the satisfaction of the Shire of Manjimup with correct lot dimensions, compliance with a minimum setback of 50m as requested by the Department of Biodiversity, Conservation and Attractions, showing a maximum of 10 individual caravan sites and a suitable road layout as required under the Caravan Park and Camping Ground Regulations 1997; ii. Amend the Bushfire Management/Evacuation Plan reflecting the changes to the satisfaction of the Department of Fire and Emergency Services as required under State Planning Policy No 3.7 and the Western Australian Planning Commissions Position Statement – Tourism Land Uses in Bushfire Prone Areas; iii. Submit a Refuse Management Plan to the satisfaction of the Shire of Manjimup, demonstrating how the owners/operators will be dealing with refuse collection on-site; and
iv. Update of the submitted management plan details to ensure guests of point e) below and to remove reference to the Pemberton Dump Point being a privately owned and operated facility. b) Prior to recommencement of the use hereby approved, the internal caravan park roads as referred to in condition a) (i) shall be constructed or gravel or other material to the satisfaction of the Shire of Manjimup; c) Prior to recommencement of the use hereby approved, all management measures contained within the Bushfire Management Plan/Evacuation Plan as approved by the Department of Fire and Emergency Services shall be implemented to the satisfaction of the Shire of Manjimup; d) The Low Impact Tourist Development – Short Stay hereby approved is limited to a maximum of forty (40) persons on the premises at any one time to the satisfaction of the local government, as provided in Shire of Manjimup Local Planning Scheme No. 4; e) Until such time as otherwise approved by the Shire of Manjimup ensure all vehicles are fully self-contained, that is contain their own toilet, shower and cooking facilities; f) No individual is not to occupy the accommodation for more than twenty-eight (28) days within three (3) month period as provided in the Nature Based Park Guidelines, December 2014. 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 Shire Officers on demand; g) The submitted management details which form part of the application, shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup; h) An on-site potable water supply shall be provided on the site prior to resumption of use and shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup. Details of the capacity, design, location and materials used on the external surfaces of the required water storage facility shall be subject to the prior approval of the Shire of Manjimup; and i) Rubbish storage areas are to be designed and located to minimise noise, odour, visual intrusion and/or other factors potentially adversely affecting the character and/or amenity of Nature Based Park users and properties in the vicinity to the satisfaction of the Shire of Manjimup. Advice notes: (i) This Development Approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services prior to any use of the existing building for purposes associated with the use hereby approved; and (ii) This Development Approval is NOT a Caravan Park License. A license to operate the park must be obtained prior to campers attending the property. 2. Acknowledge that the landowners/operators have been given direction to cease the use of the Campers recreation area, camper’s kitchen, shower, toilet and any other facilities within the existing building until such time as all approvals are in place under the relevant legislation.
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ATTACHMENTS |
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1⇨ |
Attachment No 1 - Copies of Submitted Documentation |
36 Pages |
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2⇨ |
Attachment No 2 - Copies of Submissions received |
5 Pages |
9.5.4 Proposed Local Planning Scheme Amendment - Modification of Short Stay Accommodation Restrictions Applicable to Rural Workers' Accommodation
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PROPONENT |
Shire of Manjimup |
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OWNER |
Various |
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LOCATION / ADDRESS: |
Whole of Shire as applicable |
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WARD: |
All |
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ZONE: |
Priority Agriculture and General Agriculture Zones |
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DIRECTORATE: |
Development & Regulation |
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FILE REFERENCE: |
F160271 |
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LEGISLATION: |
Planning and Development Act 2005 |
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AUTHOR: |
Brian Robinson |
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DATE OF REPORT: |
22 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
The provisions of Local Planning Scheme No 4 (the Scheme) currently restrict the occupation of “Rural Workers’ Accommodation” to “Short Stay”, meaning that no person may occupy the accommodation for a period of more than 3 months within any 12 month period.
Traditionally this approach has worked, as workers have generally been transient and employed for specific periods such as planting or harvesting. More recently however this restriction has proven to be problematic for the following reasons:
a) Generally speaking, greater areas of land are now being used for horticulture and a wider range of crops are now grown and harvested by farmers, who are diversifying their economic base. This results in longer periods of harvesting and associated crop maintenance periods (extending throughout the year), often overlapping with various crops grown on the same property;
b) Particularly since the commencement of the COVID-19 pandemic, the availability of a transient workforce has been significantly reduced and employers are sponsoring foreign workers and are seeking to retain those they have been able to employ; and
c) Requirements associated with Temporary Work (403) Visa’s, most specifically the Pacific Australia Labour Mobility Scheme stream (PALM Scheme).
At its Ordinary Meeting held on 17 November 2022 the applicant for the proposed Rural Worker’s Accommodation identified, during their deputation, that there are conditions associated with the PALM Scheme which impact on how long workers will stay.
In addition, Shire Officers have identified other issues with the current definition of Rural Workers accommodation. These issues and visa considerations are discussed within the Comment section below.
Given the above, Council is requested to consider initiating and adopting for the purposes of advertising, an amendment to Local Planning Scheme No 4 to modify provisions relating to Rural Workers Accommodation.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Schedule One of the Scheme defines Rural Worker’s Accommodation as “a building located on a rural land holding 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 agricultural use of that property.”
Rural Worker’s Accommodation is an “A” use within Priority Agriculture and General Agriculture Zones. That is a use which is not permitted unless the local government exercises its discretion by granting planning approval after advertising the proposal in accordance with the requirements of Clause 9.6 of the Scheme.
To assist Council in considering this matter, the following additional comments are offered:
Short Stay
The Scheme defines short stay as a “period of not more than a total of three (3) months within any one (1) twelve month period.”
Under the Scheme, all forms of tourist accommodation are identified as “Short stay”. Rural workers are effectively treated by the Scheme as tourists.
Changing form of Horticulture
Traditionally many farms within the district have been based on a singular and often traditional crop. As a result, the picking seasons have been reasonably well defined.
Today, farmers are more likely to grow a variety of fruits and other crops, diversifying their economic base. Additionally, significantly wider variety of fruit exists today, some of which can have a harvest period much longer than traditional crops. The increased range of crops results in an increased period of harvesting each year.
The above points are demonstrated by the Southern Forest Food Council’s Seasonal Produce Guide, shown attached. As reflected within the Guide, some produce seasons are now identified as 12 months long.
ATTACHMENT: 9.5.4(1)
Retaining Horticultural Skills
In addition to harvesting, workers are often needed for other tasks including pruning and limb training. Training of workers in the skills associated with harvesting and pruning and training, along with Australian requirements for occupation health and safety takes time and resources. These skills are often refined over several seasons. It is therefore understandable that farmers often seek to retain these workers.
Working Visas
As elected members may be aware in response to the need for additional agricultural and other workers, the Federal Government entered into the PALM Scheme with 9 Pacific Island Nations and Timor-Leste. The Scheme allows eligible businesses to recruit workers from when there are not enough local workers available. Workers can be recruited for seasonal jobs for up to 9 months or for longer term roles between 1 and 4 years in unskilled, low-skilled and semi-skilled positions.
The health and wellbeing of Pacific Islander and Timor-Leste workers is of the highest priority for the Australian Government and as a result there are a range of measures in place to protect workers. These measures include vetting of employers, stringent criteria for participation, rigorous monitoring and compliance frameworks.
Potential employers are required to meet a range of obligations, hold insurances and, amongst other things submit a “Welfare and Wellbeing Plan” and an “Accommodation Plan”. Unless the seasonal worker arranges their own accommodation, the employer is required to provide, or arrange accommodation for all employees. The accommodation must meet all legislative requirements, be safe, secure, and fit for occupation and suitable to live in for up to nine months.
The requirement for the sponsor to provide accommodation for between 9 months and 4 years means that Rural Workers Accommodation as defined by the Scheme is currently not suitable. For sponsors to be able to accommodate workers under the PALM Scheme, it is essential that the Scheme definition and associated provisions be modified as soon as possible.
Other Issues with Current Definition
In addition to restricting the length of stay, the current definition of Rural Workers Accommodation clearly refers to the seasonal, temporary, or migratory workers “working on that landholding”. The effect of this is that workers should strictly be employed on a single property only. If for an example a landowner/farmer owns more than one property which is utilised for agricultural/horticultural purposes, they must, in order to comply with the Scheme construct accommodation on each and every property where they intend to house their workers.
It is recommended that the words “working on that landholding” be modified to read “employed for agricultural/horticultural work in the district”. This would clarify that farmers with multiple landholdings are able to house their workers on one farm and would ensure workers can be made available to other farmers requiring short term labour to assist with agricultural/horticultural work.
Model Scheme Text Provisions
The Planning and Development (Local Planning Schemes) Regulations 2015 sets out, amongst other things, the process to be used when preparing a Local Planning Scheme (LPS) or a Local Planning Scheme Amendment (an Amendment). When preparing a new LPS, unless otherwise approved by the Minister, the Scheme is required to include the provisions contained in the Model Scheme Text.
The Model Scheme Text does not include a land use definition for Rural Worker’s Accommodation, but it does include the following wider definition:
“Workforce Accommodation – means premises, which may include modular or relocatable buildings, used –
(a) Primarily for the accommodation of workers engaged in construction, resource, agricultural or other industries on a temporary basis; and
(b) For any associated catering, sporting and recreation facilities for the occupant and authorised visitors.”
Substitution of Rural Workers Accommodation with the above definition is not recommended as this will result in other forms of temporary workers accommodation being a discretionary use within the Priority and General Agriculture Zone. For example, it could result in temporary accommodation camps associated with mining.
Variation of Standards and Requirements
Except for development in respect of which the Residential Design Codes of Western Australia apply, clause 5.5 of the Scheme outlines that the local government may approve an application despite non-compliance with standards and requirements of the Scheme. This discretion does not however extend to variation of definitions contained within the Scheme. Given this, it is simply not legally possible to approve rural workers staying in Rural Workers’ Accommodation longer than 3 months in any 12-month period.
Proposed Amendment of Scheme Provisions
As an alternative to the introduction of Workforce Accommodation it is recommended that:
a) Amend the definition of Rural Workers Accommodation as stated within Schedule 1 of the Scheme to delete reference to the term “short stay” and modify reference to “working on that landholding”, resulting in the definition reading as follows:
“Means a building or building(s) located on a rural landholding, which are used for accommodating seasonal, temporary or migratory workers employed for agriculture/horticulture activities in the district and is to be incidental to the agricultural use of that land”
b) Amend clause 5.34.2.7 relating to Rural Workers Accommodation, to remove the words “for short-stay purposes”, resulting in the clause reading as follows:
“Where, on a property which has been developed for intensive agricultural purposes, it can be demonstrated to the satisfaction of the local government that a demand exists for the provision of rural workers’ accommodation for transitory or seasonal works on the holding, the local government may approve proposals for such accommodation on the basis that it will be used to accommodate workers employed for agriculture/horticulture activities in the district.”
Conclusion
The Scheme provisions relating to Rural Workers’ Accommodation may have been relevant when the Scheme was introduced in 2010, but changes are now warranted given changes in agricultural/horticultural practices and the current labour market. In order to properly and legally allow rural workers to stay longer than 3 months in any 12 month period, modification of the Scheme is recommended.
A further scheme amendment is recommended in order to provide clarity around the ability for rural workers to work on property other than the property on which they are accommodated. This is particularly important for those landowners/farmers who undertake agricultural/horticultural activities on multiple landholdings.
STATUTORY ENVIRONMENT:
Introduction of and modifications to a Local Planning Scheme is regulated by the provisions of the Planning and Development Act 2005 and the associated Planning and Development (Local Planning Scheme) Regulations 2015.
In accordance with the Regulations, a scheme amendment can be classified as a basic, standard or complex amendment. As the amendments proposed as text-based amendments only and will only relate to the length of stay and the properties on which a rural worker may be employed, it is recommended that the amendment be identified as a Basic Amendment and the approval of the Western Australian Planning Commission (WAPC) be sought to proceed on this basis.
Should the WAPC agree that the amendment is appropriately identified as a basic amendment, there will be no requirement to advertise the amendment for public comment, dramatically decreasing the time required to complete the amendment process.
Policy / Strategic Implications:
Amendment of the Scheme as proposed is consistent with the following Community Goals and Strategies as identified within the Shire of Manjimup’s’ Strategic Community Plan 2021-2031:
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 by excessive or complex compliance regulations;
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 Forests Food Council.
B5. Collaborate with other stakeholders to develop a transient and seasonal work strategy to balance their safety, accommodation and employment needs with the needs and aspirations of the residential community.
Organisational risk management:
Nil.
Financial Implications:
Should Council support the Officers Recommendation, the required Scheme Amendment documentation will be prepared in house. All costs associated with the Scheme Amendment process will be undertaken in compliance with the annual budget.
Sustainability:
Environmental: Nil.
Economic: As elected members are aware, a secure transient work force is essential to assist the farming community with harvesting and associated agricultural activity. A lack of available workforce has in recent years resulted in a significant volume of produce being unable to be harvested efficiently.
Social: Should the amendment not be successful, local farmers will be required to find alternative means to accommodate rural workers where those workers are required for periods greater than 3 months in any 12-month period. In this regard prior to the COVID-19 pandemic, many off farm properties were utilised to accommodate rural workers including residential homes, which are not available in the light of the current housing shortage.
VOTING REQUIREMENTS: SIMPLE MAJORITY
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That Council: 1. Pursuant to Section 75 of the Planning and Development Act 2005, amend Local Planning Scheme No 4 to: a) Amend the definition of Rural Workers Accommodation as stated within Schedule 1 of the Scheme to delete reference to the term “short stay” and modify reference to “working on that landholding”, resulting in the definition reading as follows:
“Means a building or building(s) located on a rural landholding, which are used for accommodating seasonal, temporary or migratory workers employed for agriculture/horticulture activities in the district and is to be incidental to the agricultural use of that land”
b) Amend clause 5.34.2.7 relating to Rural Workers Accommodation, to remove the words “for short-stay purposes”, resulting in the clause reading as follows:
“Where, on a property which has been developed for intensive agricultural purposes, it can be demonstrated to the satisfaction of the local government that a demand exists for the provision of rural workers’ accommodation for transitory or seasonal works on the holding, the local government may approve proposals for such accommodation on the basis that it will be used to accommodate workers employed for agriculture/horticulture activities in the district.” 2. Classify the scheme amendment, referred to in point 1), above as a Basic Scheme Amendment in accordance with Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations (2015); 3. Refer the amendment to the Western Australian Planning Commission within 21 days in accordance with clause 58 of the Planning and Development (Local Planning Scheme) Regulations 2015; 4. Subject to the Environmental Protection Authority determining that the scheme amendment will not be the subject of a formal Environmental Impact Assessment and the Western Australian Planning Commission agreement that the amendment is a basic scheme amendment, seek the Ministers approval to the amendment; and 5. Await a further Officer report on the amendment following compliance with points 3 to 4 above.
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ATTACHMENTS |
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1⇨ |
Attachment No 1 - Southern Forest Seasonal Produce Guide |
1 Page |
9.5.5 Proposed Museum Buildings - Lot 3 (Reserve 30907) Latham Avenue, Walpole
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PROPONENT |
Walpole-Nornalup and District Heritage Society and Walpole Community Resource Centre |
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OWNER |
Crown Reserve – Management Order with Shire of Manjimup |
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LOCATION / ADDRESS: |
Lots 3 & 44 (Reserve 30907) Latham Avenue, Walpole |
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WARD: |
South |
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ZONE: |
Public Purposes |
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DIRECTORATE: |
Development & Regulation |
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FILE REFERENCE: |
P50417 |
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LEGISLATION: |
Planning and Development Act 2005 |
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AUTHOR: |
Brian Robinson |
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DATE OF REPORT: |
24 November 2022 |
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DECLARATION OF INTEREST: |
The author has assisted in the design process. |
Background:
The Walpole Nornalup and District Heritage Society (the Heritage Society) is the in process of securing two timber framed buildings, previously forming part of the Shannon River timber settlement. The two buildings are currently owned by the Department of Biodiversity, Conservation and Attractions (DBCA) and are located at their Walpole Depot.
Approval is sought to relocate the existing gazebo that is located to the east of the Walpole Community Centre (Town Hall) and relocate the two buildings, abutting Cooper Lane in order to create a museum for use in displaying numerous historical items. A location plan is shown below.
Location Plan
Photographs of the buildings in their current condition and location are shown at Attachment: 9.5.5(1). As shown in the photographs, one of the two buildings is larger than the other, has a single sliding door, a gantry fitted to apex of the front façade and a mezzanine floor, all of which appear to be original. Both sides of the building contain three windows, with original louvred windows on the right-hand side having been replaced.
The smaller building is a far more simple design with a rail for a sliding door fitted to the front of the building, one timber sash window on the left side and a personal access door on the right. The two buildings are currently connected by a timber deck.
ATTACHMENT: 9.5.5(1)
It is proposed that the two buildings will be located “back-to-back” and internally connected. The larger of the two buildings will be located on the northern side, with the smaller building facing Pier Street. The larger building’s gantry and openings will still be visible on the northern elevation. Copies of the submitted plans are shown attached.
ATTACHMENT: 9.5.5(2)
Council is requested to determine the application as it involves two relocated second hand buildings, the heritage value of the existing building, the fact no additional on-site parking is proposed, and the design has been prepared by Shire Officers.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
In addition to zoning land, Local Planning Scheme No 4 (the Scheme) identifies certain lands as local reserves, in this case identifying the land as “Public Purposes”. To assist Council in determining the application, the following comments and advice are offered:
Requirement for Approval
In accordance with clause 3.4.1 “A person shall not commence or carry out development of Local Reserve without first having obtained planning approval, under Part 10 of the Scheme”. Notwithstanding this, clause 8.4 of the Scheme identifies that the development of local reserves does not require planning approval “where such land is vested in the local government or vested in a public authority:
(a) For the purpose for which the land is reserved under the Scheme; or
(b) In the case of land vested in a public authority, for any purpose for which such land may be lawfully used by that authority;
Provided the development complies with the provisions of the Development Table-General for the surrounding or relevant land use zone as determined by the local government.”
In this case, the proponents have been encouraged to make application given that the development involves the use of second-hand buildings, and no additional parking is proposed on-site.
Matters to be Considered
In determining applications for the use and development of land reserved by the Scheme, clause 3.4– of the Scheme requires that the local government is to have regard to:
(i) The matters set out in clause 10.2; and
(ii) The ultimate purpose intended for the Reserve.
Clause 10.2 of the Scheme provides a list of matters to consider when determining an application for planning approval, identifying that the local government is to have regard to those matters it considers are relevant to the application. It is considered that the following matters are relevant to the current application:
(vi) the local governments adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4, any Heritage Policy Statement for a designated Heritage Area adopted under Clause 7.2.2, and other pan or guideline adopted under the Scheme;
(viii) in the case of land reserved under the Scheme, the ultimate intended purpose of the reserve;
(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 account any Special Control Area;
(xv) preservation of the amenity of the locality;
(xvi) the relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;
(xviii) the amount of traffic to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety.
An assessment against the above considerations is provided in the paragraphs below.
Existing Development
The property currently contains the Walpole Community Centre and Library, whose primary structure consists of two former halls which were amalgamated to form the current building. The primary building, being the Town Hall was originally the Shannon River timber settlement Hall, which was moved to Walpole in 1972 following the closure of the settlement. The second smaller hall was the original Walpole Town Hall which had been located further west on Latham Avenue. Initially this section of the building formed the lesser hall before being converted to the Walpole Library in 2004.
A carpark containing approximately 24 parking bays is located on the southern and western side of the existing development. Due to the location of its entrance, the Library is primarily serviced by a smaller carpark located on Lot 44 to the north (also part of Reserve 30907). This carpark is located to the east of the Community Resource Centre (CRC) and is accessed off Cooper Lane, catering for approximately 10 cars.
The CRC is serviced by a small carpark on its western side, but also utilises the Community Centre parking area.
Heritage Considerations
As identified in the Shire’s Municipal Heritage Inventory, the Walpole Community Centre and Library have been assessed as having Heritage Significance in terms of Historic, Social, Aesthetic and Representativeness characteristics. The Inventory identifies a Management Category of B, meaning that the site is:
“Worthy of high level of protection: provide maximum encouragement to the owner under the Shire of Manjimup Town Planning Scheme to conserve the significance of the place. A more detailed Heritage Assessment/Impact Statement to be undertaken before approval given for any major redevelopment. Incentives to promote conservation should be considered.”
In terms of the proposed building, whilst a significant amount of heritage value has been lost as a result of painting, a lack of ongoing maintenance replacement of windows and relocation from original site, their location on site as proposed will consolidate the storey of the Walpole Community Centre and will positively contribute to the heritage appearance of the existing development.
Purpose of Reserve
The proposed purpose of the reserve under the Scheme is Public Purposes. Further the vesting order identifies that the Shire holds the Management Order for “Civic Purposes”, with a power to lease. A museum/museum display is considered consistent with these purposes.
Compatibility with Setting/Amenity
As detailed above, the existing Walpole Community Centre and Library was formed using two buildings that were joined, with the primary building facing Pier Street being the ex-Shannon River timber settlement Hall.
The two buildings that are proposed to be relocated are also originally from the Shannon River timber settlement and it is noted that:
a) Their construction is similar to the main Hall, being timber framed and clad in weatherboards;
b) It is assumed that the two buildings were originally constructed at a similar time to the main hall (1940’s to 50’s);
c) The roof pitch of the proposed buildings is similar to the main Hall, and their placement “back-to-back” will be consistent to the current appearance of the main hall and its portico; and
d) The concept of connecting the two buildings to create a functional space will reflect the approach taken in constructing the existing Community Centre development.
Current Condition of Buildings
The buildings in their current condition have a number of issues relating to limited maintenance being undertaken in recent years, including deteriorating weatherboards, some floorboards and windows requiring repair and/or restoration and replacement. The proposal to place the buildings back-to-back provides a unique opportunity to salvage the boards located on the rear of both buildings to ‘make good’ that portion of the rear of the main building that will be exposed.
The applicant’s representative has advised that the Heritage Society intends to make application for grant funding from several sources to meet the cost associated with the relocation and repair of the building. They furthermore intend to use labour from the Walpole Prison Camp, an approach that has been used on the existing development.
Once repaired and painted to match the Town Hall, the buildings will positively contribute to the amenity of the site.
Development Standards
Being a reserve for public purpose, there are limited development standards applicable under the Scheme.
In terms of setbacks, there are no identified setbacks applicable to development of the land. As a result, the only requirement is for the buildings to be placed so as to be wholly contained within the site, and separated from the existing development in accordance with the requirements of the Building Code of Australia.
In terms of carparking, 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. With a total floor area of approximately 90m² a maximum of 3 car parking bays could be required.
The above said, as detailed under the heading of existing development, there are 24 parking bays located to the south and west of the existing Community Centre development. With meetings held in the Town Hall being intermittent, there is an opportunity for shared parking. The proposal for no additional parking bays is therefore supported.
Conclusion
The proposed development provides a unique opportunity to co-locate two additional buildings from the Shannon River timber settlement adjacent to the original Shannon River Hall (now the Walpole Town Hall), whilst providing the Heritage Society with an opportunity to display historic items held by the Society.
It is therefore recommended that the proposal be conditionally approved.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Local Planning Scheme No 4.
Policy / Strategic Implications:
The proposal is consistent with the following Community Goals and Strategies as contained within the adopted Shire of Manjimup Strategic Community Plan 2021-2031:
Community Goals
3.7 Our community is vibrant, dynamic and fun because we have access to a broad range of art, cultural, social and recreational opportunities.
Strategies
C2. Support volunteer community groups, encourage participation (particularly in the areas of emergency management) and acknowledge contributions to the community.
C20. Facilitate, develop and promote a broad range of cultural and art capabilities, facilities, events and achievements.
C22. Document and conserve local historical records, stories and artefacts and make them available for everyone to study and enjoy.
Organisational risk management:
Nil.
Financial Implications:
The applicants have paid the required planning application fee, but as a not-for-profit organisation, they are seeking re-imbursement of the fee. Re-imbursement of the application is consistent with Council Policy and is supported.
Sustainability:
Environmental: Nil.
Economic: The establishment of a museum to display historic items associated with the district of Walpole-Nornalup will provide an additional attraction for visitors to the Walpole townsite.
Social: Display of the historic items held by the society will add to the social fabric of both the Society and the education of visitors and residents alike.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
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That Council: 1) in accordance with Part 10 of Local Planning Scheme No. 4 grants approval to the proposed relocation of the existing gazebo on and the installation of the two ex-Shannon River timber settlement buildings from the Department of Biodiversity, Conservation and Attractions depot in Chugg Street, Walpole to Reserve 30907 as detailed in Attachment: 9.5.5(1), subject to compliance with the following conditions: a) The development hereby approved shall be wholly contained within Lot 3, being Part Reserve 30907; b) Prior to relocation of the two ex-Shannon River timber settlement buildings to site, a site management plan shall be prepared to the satisfaction of the Shire of Manjimup; c) All stormwater and drainage runoff is to be retained on the subject property to the satisfaction of the Shire of Manjimup; d) 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; e) 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 f) Once installed on-site, the buildings shall be repaired and painted so as to match the existing development on Lot 3, being Part Reserve 30907 within a period of 12 months 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) Authorise the refund of all planning fees paid by the Walpole-Nornalup Districts Heritage Society in respect of the application referred to in point 1) above.
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ATTACHMENTS |
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1⇨ |
Attachment No 1 - Photographs of Ex-Shannon Buildings |
2 Pages |
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2⇨ |
Attachment No 2 - Existing and Proposed Plans |
4 Pages |
9.5.6 Proposed Subdivision - Part Lot 365 Boronia Street, Manjimup
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PROPONENT |
Thompson Surveying Consultants |
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OWNER |
Anunaka Pty Ltd |
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LOCATION / ADDRESS: |
Lot 365 Boronia Street, Manjimup |
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WARD: |
Central |
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ZONE: |
Residential (R30) |
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DIRECTORATE: |
Development & Regulation |
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FILE REFERENCE: |
DA22/209 |
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LEGISLATION: |
Planning and Development Act 2005 |
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AUTHOR: |
Brian Robinson |
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DATE OF REPORT: |
25 November 2022 |
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DECLARATION OF INTEREST: |
Nil. |
Background:
Lot 365 Boronia Street is a 1.8842ha vacant parcel of land located between Stokes Street and Boronia Street, immediately north of Karri Street as shown on the location plan below.
Location Plan
Previously the Western Australian Planning Commission (WAPC) granted conditional approval to the creation of six (6) residential lots in the northeast corner of the site. Each of those lots being 784m² in area with a 19.5m frontage to Boronia Street. The Shire’s comments on that subdivision were provided following Council’s Resolution 28621 passed on 30 September 2021.
The WAPC is now seeking comments on the proposed subdivision of the balance of the land (1.4125ha) into 24 lots, comprising:
a) 5 lots ranging from 300 to 336m² in area fronting Karri Street; and
b) 19 lots ranging from 603m² to 726m² in area, with street frontages ranging from 15m to 18m in width.
A copy of the submitted plan of subdivision is shown attached.
ATTACHMENT: 9.5.6(1)
Council is requested to consider the application as Shire Officers do not have delegated authority to comment on subdivisions proposing the creation of more than five (5) lots.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The provisions of Local Planning Scheme No.4 (the Scheme) include Lot 365 within the Residential Zone, with an applicable density of R30 in accordance with the Residential Design Codes of Western Australia. In accordance with this density, lots may be created with a minimum lot size of 260m², provided that an average lot size of 300m² is achieved.
To assist Council in considering the proposed subdivision, the following comments are offered:
Residential Zone Objectives
Part 4.3 of the Scheme outlines that “The purpose of the Residential Zone is to provide for the adequate provision of suitably located land to provide for a varied urban residential environment to meet the needs of the community and to promote the amenity of residential areas”. Consistent with this purpose, the Scheme outlines that the objectives in managing and guiding land use, development and subdivision of Residential zoned land include, but are not limited to:
“(i) provide for a range of housing choice with high level of amenity in residential areas and which reflects a non-metropolitan lifestyle;
(ii) provide for the adequate supply of suitably located land to meet the ongoing residential needs of the community consistent with the Residential Design Codes;
(iv) ensure development and use are appropriately serviced; and
(vii) ensure that the density of the development takes cognisance of the availability of reticulated sewerage, the effluent disposal characteristics of the land and other servicing and environmental factors.”
Subdivision Standards
Scheme provisions relevant to the subdivision of land within the Residential Zone are outlined within part 5.33. By way of summary, the following considerations apply for subdivision in the Residential Zone:
a) Ensuring subdivision complies with a structure plan, where applicable;
b) Application of the Residential Design Codes to all residential development;
c) Connection to reticulated sewerage for development that has a density greater than R10; and
d) Regard must be given to the Residential Design Codes, WAPC guidelines and both WAPC and Local Government Policies.
Additionally, clause 5.33.3.2 states that “the local government shall not support any application for subdivision of land within the Residential zone in the district unless an endorsed structure plan has been prepared in accordance with the requirements of clause 6.4, or the local government waives the requirement for the preparation of a structure plan pursuant to the provisions of sub-clause 5.33.3.4.”. As stated at clause 5.33.3.3, the requirement to prepare a structure plan may be waived, if in the opinion of the local government, the proposal:
(i) is unlikely to have any significant environmental impact;
(ii) is an in area where no further subdivision potential is apparent;
(iii) does not require and is unlikely to create the requirement for additional services;
(iv) does not prejudice the subsequent preparation and adoption of a Structure Plan; and
(v) is consistent with the objectives and provisions of the zone.
Given that the subdivision as proposed represents a logical extension of the existing residential area located on the eastern side of Boronia Street, it is recommended that a structure plan is not necessary, and the requirement be waived.
R-Codes Assessment
As stated above, the Scheme applies a density of R30 to Lot 365, meaning 30 dwellings per hectare with an average lot size of 300m². The proposed subdivision complies with the maximum density.
While the majority of lots within proposed subdivision will be significantly larger than the required minimum lot size, there is merit in this given the topography of the land and existing lot configuration in the adjacent residential area.
Topography
Lot 365 falls approximately 6 metres from the north-west to its south-eastern boundary. It is also noted that the southern section appears to have significant water shedding for extended periods each year, likely due to the geography and potentially due to the existence of springs.
As a result of this, it is likely that the significant alteration of the existing contours will be required to create lots suitable for standard residential construction. It is anticipated that a series of retaining walls will be required to retain the newly created levels.
Civil Engineers working on behalf of the landowner are currently examining the proposed fill levels, which will confirm the height and location of any retaining walls that will be required.
Existing Road Access
Boronia Street and Karri Street are constructed with a kerbed and sealed road, with a formal drainage system. Whilst Stokes Street is also of a sealed construction, kerbing is currently not installed. It is recommended that an appropriate condition be imposed to require the upgrading of Boronia Street.
Footpaths
Currently neither Boronia Street nor Stokes Street contain a formal footpath. A footpath is however located on the southern side of Karri Street. Given the additional vehicle and pedestrian traffic that will result from the subdivision, it is recommended that additional footpaths be required, connecting to the existing footpath network.
Future Density of Development
In accordance with current scheme provisions, there would be the potential for a number of the proposed lots to be further subdivided or developed with more than one dwelling. In order to prevent the further subdivision or development of group dwellings in an ad-hoc manner, it is recommended that each new lot be restricted to single residential development.
In finalising the Shires new Draft Local Planning Scheme No 5, it is recommended that Council consider the future applicable density to prevent further subdivision of the proposed residential lots and provide certainty for future purchases in respect of the lot sizes. For example, by applying a density of R20, the average lot size of 450m² would result in there being no further subdivision potential and of a density consistent with surrounding development.
State Planning Policy
The Western Australian Planning Commission has adopted numerous State Planning and Development Control Policies to guide subdivision within Western Australia. State Planning Policy No 3 (SPP No 3) and Development Control Policy 2.2 (DC 2.2) relating to residential subdivision outline the following matters as applicable to the submitted application:
General Requirements
DC 2.2 outlines that applications for subdivision of land into residential lots will be considered against various requirements, including but not limited to:
· Water Sensitive Urban Design principles. As a minimum, proposals should address the management of any groundwater levels and proposed dewatering and the management of stormwater; and
· The resultant lots must be capable of development and located in an area with physical characteristics suitable for subdivision.
A geotechnical report was previously prepared in 2006 and has been submitted in supported of the current application. However, it is considered that further information is required in respect of the site’s hydrology and demonstrated depth to groundwater.
To ensure that stormwater can be managed, and the lots are capable of development Council could recommend a condition be imposed by the WAPC that the local drainage system be upgraded with an Urban Water Management Plan to inform that upgrade.
Public Open Space
Development Control Policy No 2.3 (DC 2.3) specifies that in subdividing land for residential purposes the Planning Commission’s normal requirement is that, where practical, 10% of the gross subdividable area is required to be given up free of cost by the subdivider. The purpose of this is to ensure that the provision of Public Open Space is proportionate with the needs of the growing community. In this case the applicant has stated that open space has already been given up as part of the wider Anunaka residential estate.
A previous search of Shire records was unable to confirm if the requirement for 10% Public Open Space was met by the original subdivision of Anunaka Estate through the creation of Anunaka Park, located on Jarrah Road. As a result, and in response to the previously approved six (6) lot subdivision in the north-east corner of the site, Council resolved to request the provision of 10% Public Open Space or provision of cash-in-lieu. If received the cash-in-lieu would be utilised to complete improvements to the current open space.
In granting approval to the six (6) lot subdivision, the WAPC did not impose a requirement for a Public Open Space contribution. It is not however known whether this was due to the requirement previously being met, or because DC 2.3 also specifies that the Commission will not normally require an open space contribution for five lots or less.
On this basis, if the subdivision was to be supported by Council, it is recommended that the Commission be requested to determine if the requirements have been met or the subdivider be required to provide 10% public open space. As an alternative, Council may be willing to accept the payment of cash-in-lieu.
Conclusion
The proposed subdivision is generally consistent with the provisions of the Scheme. It is therefore recommended that Council conditionally support the proposal.
It is also recommended that Council consider adjusting the residential density applicable to the proposed lots under proposed future Local Planning Scheme No 5 in order for prevent the further subdivision or development of group housing on an ad-hoc basis.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Local Planning Scheme No 4.
Policy / Strategic Implications:
Approval to subdivide the land as proposed will provide the landowner the opportunity to proceed with the creation of 24 residential allotments, with a range of lot sizes.
Whilst the Shire of Manjimup’s Strategic Community Plan 2021-2031 does not contain specific reference to the provision of standard residential lots, the creation of new residential allotments will provide an opportunity for the construction of new dwellings and associated infrastructure such as outbuildings, fences etc. and ensure that there is a range of residential lifestyle opportunities available.
Organisational risk management:
Nil.
Financial Implications:
The creation of 24 new residential lots will increase the number of rateable residential properties within the Manjimup Townsite.
Sustainability:
Environmental: Nil.
Economic: Through the creation of new vacant residential lots, the subdivision will create new housing construction and introduce new landowners/occupiers to the Manjimup area, supporting growth in the local economy.
Social: There is currently a recognised housing shortage within the Manjimup community, which will in part be addressed by the proposed subdivision.
VOTING REQUIREMENTS: SIMPLE MAJORITY
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That Council: 1. In accordance with clause 5.33.3.3 of Local Planning Scheme No 4, waive the requirement for structure planning on the basis that the subdivision as proposed is consistent with the principles of orderly and proper planning and will not prejudice the future subdivision or development of the area. 2. Advise the Western Australian Planning Commission that it is prepared to support the proposed seven lot subdivision, including six residential lots at Lot 365 Boronia Street, Manjimup and recommends the following conditions: a. Engineering drawings and specifications are to be submitted, approved, and works undertaken in accordance with the approved engineering drawings, specifications and approved plan of subdivision, for grading and/or stabilisation of the site to ensure that: i) lots can accommodate their intended use; and ii) finished ground levels at the boundaries of the lot(s) the subject of this approval match or otherwise coordinate with the existing and/or proposed finished ground levels of the land abutting; b. Engineering drawings and specifications are to be submitted and approved and works undertaken in accordance with the approved engineering drawings and specifications and approved plan of subdivision, for the filling and/or draining of the land, including ensuring that stormwater is contained on-site, or appropriately treated and connected to the local drainage system. Engineering drawings and specifications are to be in accordance with an approved Urban Water Management Plan (UWMP) for the site, or where no UWMP exists, to the satisfaction of the Western Australian Planning Commission; c. Engineering drawings and specifications are to be submitted, approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications, for the provision of shared paths through and connecting to the application area to the satisfaction of the Western Australian Planning Commission d. Satisfactory arrangements being made with the local government for the partial upgrade of Stokes Street abutting the proposed subdivision to a standard consistent with Liveable Neighbourhoods Access Street D; e. Drainage easements and reserves as may be required by the local government for drainage infrastructure being shown on the diagram or plan of survey (deposited plan) as such, granted free of cost, and vested in that local government under Sections 152 and 167 of the Planning and Development Act 2005; f. An area(s) of land at least 1,4125m² in area, in a position to be agreed with the Western Australian Planning Commission, being shown on the diagram or plan of survey (deposited plan) as a reserve for Recreation and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. (Local Government) g. Suitable arrangements being made with the local government for the provision of vehicular crossover(s) to service the lot(s) shown on the approved plan of subdivision; and h. Suitable arrangements being made with the local government for the provision of street trees to Boronia Street adjacent to the lot(s) shown on the approved plan of subdivision. Advice to Applicant: i. With regard to Condition b) it is expected by the Shire of Manjimup that the local drainage system will need to be upgraded at the developers cost, this will be informed by the preparation of a UWMP; ii. With respect to condition d) above, as a minimum is required that Stokes Street is upgraded to include kerbing and associated pavement improvements, along with the installation of an appropriate path network and any required improvements to the drainage infrastructure; and iii. Further to Condition f) the landowner/applicant may as an alternative, make payment to the local government for the sum equivalent to the value of the land area, being that portion of the land that would otherwise be provided as open space, in accordance with Section 153 and 155 of the Planning and Development Act 2005; iv. With regard to Condition f) and Advice Note iii. above, the Shire of Manjimup acknowledges that this requirement may have been met through the previous subdivision of Anunaka Estate but holds no evidence to support this. 3. Support a reduction in the applicable density of Lot 365 to R20 under draft Local Planning Scheme No 5 in order to prevent the future ad-hoc subdivision of the proposed lots or development of Group Housing.
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ATTACHMENTS |
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1⇨ |
Attachment No 1 - Proposed Plan of Subdivision for 24 lots |
1 Page |
9.7.1 Request for Reconsideration to Keep More Than Two Dogs at Lot 23 (32) Brain Street, Manjimup
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PROPONENT |
Miss S J Goddard |
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OWNER |
Mr S & Mrs R Lawson |
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LOCATION / ADDRESS: |
Lot 23 (32) Brain Street, Manjimup |
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WARD: |
Central |
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ZONE: |
Residential |
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DIRECTORATE: |
Development & Regulation |
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FILE REFERENCE: |
F161271 |
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LEGISLATION: |
Dog Act 1976 Shire of Manjimup Dogs Local Law 2004 |
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AUTHOR: |
Ashleigh Reeve |
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DATE OF REPORT: |
10 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
At the Ordinary Council Meeting held on the 7 July 2022 Council resolved to refuse (Resolution 28806) a request for reconsideration of a previous decision to refuse an application the keeping of following three dogs at Lot 23 (32) Brain Street, Manjimup.
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Breed |
Age |
Microchip |
Sterilised |
Sex |
Registration |
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1 |
Neomastiff x Bullmastiff |
7 Years |
941 000 018 949 402 |
Yes |
Female |
2125/2023 |
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2 |
Neomastiff x Bullmastiff |
1 Year |
953 010 100 274 226 |
No |
Female |
5227/Lifetime |
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3 |
Neomastiff x Bullmastiff |
1 Year |
953 010 100 184 816 |
No |
Male |
5229/Lifetime |
Following Council decision, an appeal was lodged with the State Administrative Tribunal (SAT) on the 21 July 2022. Following on from a direction hearing held by teleconference between the Shire of Manjimup and the Applicant, SAT has invited the Shire of Manjimup to reconsider its original resolution based on the grounds that the eldest dog Blossom is sterilised and the nuisance barking investigation has now been resolved.
The Application and State Administrative Tribunal Order are shown attached.
ATTACHMENT: 9.7.1 (1)
PUBLIC Consultation Undertaken:
Neighbouring properties and the property owner/s have been consulted several times over the past twelve months regarding the similar submissions from the applicant.
Neighbour comments received were mostly in favour of the application except one where it raised the issue of nuisance barking. This complaint has since been investigated and resolved.
Correspondence was also received from the property owners stating that they were in support of the application as long as there were no more than the three dogs on the application at the property. The property owners, on the 20 June 2022, verbally clarified that their approval does not include any progeny from the result of breeding. Copies of the previous submissions are shown 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 Law 2004 Part 3 Clause 3.2(2) a person shall not without an exemption in writing from the Council, keep more than two dogs over the age of three months on land used for residential purposes.
Breeding
As reflected within previous application relevant to the current submission along with supporting documentation, the proponent advises the eldest dog has been sterilised and is retired from breeding and they intend to breed from two younger dogs listed on the application.
As Councillors may be aware, the Shire of Manjimup’s Dog Local Laws 2004 reflect the provisions of the Dog Act 1976 which members of the public to keep two dogs on any property within a residential townsite. There is no legal requirement to sterilise those dogs, and the dog owners may legally breed from those dogs.
Council Policy
In order to guide the assessment of such applications, Council has adopted Ranger Policy 5.2.5 – Applications to Keep Additional Dogs or Cats. The following assessment criteria, as identified in the Policy, are relevant to the current application:
(a) A maximum of three (3) dogs being approved on a single premises within a Townsite;
(b) The reason for requesting more than the number of dogs/cats prescribed by the local laws is as a result of:
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.
As detailed within the application, the applicant is seeking to retain an additional sterilised older dog. In accordance with the adopted Policy, this justification is not supported unless a variation to the Policy is sought.
Suitability of Property
The subject land is a 3,519m² residential lot. The site is considerably larger than most residential properties and the area and property fencing is suitable for housing the breed and number of dogs proposed. As the property is under rental agreement, the landowners have been notified as per the application requesting comment as stated in the public consultation undertaken section.
Ownership History
The applicant has one of the dogs registered in their name and the other two younger dogs which will be used for breeding purposes are registered to Ms Kim Emmett who is the applicant’s mother. The applicant currently resides outside of the Shire, while the older sterilised dog, registered in her name, remains in the care of her parents at the subject property.
Health/Welfare
As stated in the application, the eldest dog is aging and is currently seven years old. The typical lifespan of a Neapolitan Mastiff is approximately 8-10 years. If approval is given it may only be for a limited period as when one dog becomes deceased, the exemption is no longer required. Previous Neapolitan Mastiffs that the applicant has owned have lived to approximately 6-7 years of age.
In a neighbour submission received it states, “On many occasions there is lots of dogs present at this address leading to bouts of loud angry barking including dogs fighting”. This raises welfare concerns for dogs at the property as, if dog fights are occurring due to increased dog numbers, injuries may be sustained.
The applicant wishes to keep two younger dogs from the same litter and has stated that they are “inseparable” and it would be “detrimental to their health to take them away from each other”. Further investigation into this has indicated they may suffer from Littermate Syndrome. The term ‘littermate syndrome’ refers to behavioural issues that arise when two or more sibling puppies are raised together. Potential issues include separation anxiety, neophobia (fear of the unfamiliar), and aggression. Littermate syndrome affects dogs over 8-10 weeks of age, which is typically when young puppies join their new homes.
Non-Compliance
There was previously a non-compliance issue identified when during an inspection conducted by Rangers on the 28 April 2022, it was found that five dogs were residing at the property, despite the owners been directed by Council to reduce the number of dogs to two following the previous Council Meeting. A modified penalty was issued to the applicant on the 13 May 2022 as three dogs still remained at the property and no application for reconsideration was submitted.
Formal permission has now been sought on the grounds that the eldest dog has been sterilised.
Complaints Received
Shire records show that an official “Form 7 – Complaint as to a Nuisance Created by a Dog” was lodged with the Shire of Manjimup on the 10 June 2022. After investigating the complaint, it was determined on the 28 October 2022 that the barking had been resolved. Although there are no current outstanding issues, if approval for an exemption is given, it is recommended that Council impose conditions to limit the likelihood of nuisance barking occurring.
Conclusion
This agenda item has been prepared as a result of SAT inviting Council to reconsider their previous decision to refuse permission for a third dog, on the basis that the third dog has now been sterilised. Given that the applicant has rectified all outstanding issues and since breeding is only possible with two dogs on the application residing at the property, it is recommended that Council vary the Policy and grant an exemption.
STATUTORY ENVIRONMENT:
Dog Act 1976 Section 26(3); and
Shire of Manjimup Dogs Local Law 2004 Part 3 Clause 3.2(2)
Policy / Strategic Implications:
As outlined within the comment section above, the proposal as submitted is not consistent with the requirements of Policy 5.2.5 - Applications to Keep Additional Dogs or Cats.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: The applicant sells the progeny and will lease the future stud dog for financial gain which is considered a source of income.
Social: Previous comments received in the neighbouring property surveys were not favourable of the application due to ongoing impacts associated with noise. Having regard to the details provided in the objections and official complaints received, should approval be granted it is recommended that conditions are imposed to limit disruptions to neighbouring properties.
VOTING REQUIREMENTS: SIMPLE MAJORITY
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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 23 (32) Brain Street, Manjimup, subject to compliance with the following conditions; 1. This approval relates to the keeping of the following dogs only:
2. The applicant/owner 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 are received, legal contraventions or nuisance behaviour occurs whilst keeping of additional dogs on the property, the Shire of Manjimup reserves the right to revoke this exemption.
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ATTACHMENTS |
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1⇨ |
Application to Keep More Than Two Dogs at 32 Brain Street & SAT Order CC 936 2022 |
6 Pages |
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2⇨ |
Neighbour and Property Owner Submissions |
3 Pages |
APPENDIX
9.7.2 Application To Keep More Than Two Dogs at Lot 100 (140) Chopping Street, Manjimup
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PROPONENT |
Ms R K M Keegan |
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OWNER |
Mr R J & Mrs A M Keegan |
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LOCATION / ADDRESS: |
Lot 100 (140) Chopping Street, Manjimup |
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WARD: |
Central |
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ZONE: |
Rural Residential |
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DIRECTORATE: |
Development & Regulation |
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FILE REFERENCE: |
F161271 |
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LEGISLATION: |
Dog Act 1976 Shire of Manjimup Dogs Local Law 2004 |
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AUTHOR: |
Ashleigh Reeve |
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DATE OF REPORT: |
10 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
Council previously resolved to refuse (Resolution 28891) an application to keep five dogs at 140 Chopping Street, Manjimup and the landowners were directed to reduce the number of dogs to two by the 24 October 2022.
The landowners have subsequently moved out of the local authority, although their daughter (Ms R Keegan) continues to reside there with her animals, including three dogs. As Ms Keegan did not make application to keep more than two dogs prior to the 24 October 2022 deadline, a modified penalty was issued.
An application has now been made to keep the following dogs:
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Breed |
Age |
Microchip |
Sterilised |
Sex |
Registration |
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1 |
Cavalier King Charles Spaniel |
8 Years |
953 010 002 772 156 |
Yes |
Female |
2041 / 2023 |
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2 |
Cavalier King Charles Spaniel |
3 Years |
953 010 003 741 866 |
No |
Female |
2099 / 2023 |
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3 |
Cavalier King Charles Spaniel |
7 Months |
953 010 100 136 378 |
No |
Female |
436 / 2022 |
Council is now requested to determine the application. A copy of the submitted application is shown attached.
ATTACHMENT: 9.7.2(1)
PUBLIC Consultation Undertaken:
The Shire of Manjimup sent notification to the property owner/s and two separate adjoining landowners on the 7 November 2022 with a 14-day comment period. At the close of advertising two submissions were received. In both cases the submissions state “refer to previous submission”. A summary of those previous submissions is contained within the Comment Section of this agenda item.
A copy of the submissions received are shown attached, together with the previous comments offered by their authors.
ATTACHMENT: 9.7.2(2)
COMMENT (Includes Options):
To assist Council in determining the application, the following comments are offered:
Limitation on Number of Dogs
In accordance with Shire of Manjimup Dog Local Laws 2004 Part 3 Clause 3.2(2), a person shall not without an exemption in writing from the Council, keep more than two dogs over the age of three months on land used for residential purposes. The Shire of Manjimup Dogs Local Law 2004 Clause 4.7 states that the local government cannot approve an application for a kennel establishment where the use cannot be approved under a local town planning scheme.
Breeding
As reflected within previous application relevant to the current submission along with supporting documentation, the proponent advises the eldest dog has been sterilised and is retired from breeding and they intend to breed from two younger dogs listed on the application.
As Councillors may be aware, the Shire of Manjimup Dog Local Laws 2004 reflect the provisions of the Dog Act 1976 which members of the public to keep two dogs on any property within a residential townsite. There is no legal requirement to sterilise those dogs, and the dog owners may legally breed from those dogs.
Where more than two dogs are kept for the purposes of breeding, such premises fall within the definition of “Animal Establishment” under the provisions of the Shire’s Local Planning Scheme No 4. An Animal Establishment is a prohibited use on the property.
Previous Decision
Council previously resolved (Resolution 28891) to refuse an application to keep an application for five dogs, four of which were unsterilised and intended for use in breeding. The following is a summary of the reasons for refusal:
a) An animal establishment is a prohibited use on the land given that Shire of Manjimup’s Local Planning Scheme No 4 includes the land within the Rural Residential Zone;
b) Approval would be contrary to Policy 5.2.5 – Applications to Keep Additional Dogs or Cats;
c) An undesirable precedent would result for the keeping of more than two dogs for the purposes of breeding when the applicant has failed to confirm that they are a registered breeder or member of a canine association;
d) The applicant’s history of failing to comply with requirements of the Dog Act 1976 by keeping unregistered dogs, failing to update registration and microchip information and keeping more than two dogs without an exemption; and
e) Neighbour comments citing issues with nuisance barking, the number of animals being kept and vermin coming from the property.
Excerpts of the relevant minutes relate to the above described are appended.
APPENDIX: 9.7.2 (A)
APPENDIX: 9.7.2(B)
Neighbour Comments
As detailed above, two submissions were received prior to the close of advertising, with both authors stating that reference should be made to their previous submissions. The following is a summary of the comments provided within their previous submissions:
· Would agree to the application on the grounds that no breeding is to occur;
· Concerns over previous non-compliance with numbers of animal kept at the property and welfare and housing of the dogs;
· Concerns over the untidiness of the property;
· Questions on how nuisance barking will be managed; and
· The likelihood of non-compliance with conditions imposed by Council if approved.
Whilst the above comments are noted, as stated above, there is a right under the Shire’s Dog Local Law 2004 and the Dog Act 1976 to keep up to two dogs within a townsite and there is no requirement for sterilisation. As a result, a dog owner may, as of right, keep two unsterilised dogs and use them for breeding purposes.
Current Application Justification
The applicant now resides at the property as her parents (property owners) have relocated. Ms Keegan states that she had approval for three dogs at 37 Collier Street, Manjimup for compassionate reasons as they are her companions. However, a dog which previous approval was granted for has been rehomed and replaced with a younger dog for the purposes of breeding.
Ms Keegan states that her eldest dog is currently on medication for heart failure, and she is unsure on her lifespan in the future. It is also stated within the application that “I don’t plan to have 3 dogs again, but I do breed so not sure if I will”.
Conclusion
Given the reasons stated by the applicant and the fact that the third dog is sterilised, it is recommended that the application be approved subject to conditions including that the substitution of dogs will not be permitted.
STATUTORY ENVIRONMENT:
As referred to within the comment section above, the relevant legislation consists of:
- Dog Act 1976 Section 26 (3);
- Shire of Manjimup Dog Local Law 2004 Part 3; and
- Shire of Manjimup Town Planning Scheme No 4 Part 4.19.
Policy / Strategic Implications:
Refer to Comment Section above.
Organisational risk management:
Nil.
Financial Implications:
The required application fee has been paid.
Sustainability:
Environmental: Nil.
Economic: Ms Keegan listed on the application she will use two of them for breeding purposes, with the proceeds from selling the progeny generating a source of income.
Social: The adjoining properties oppose to the application for several valid reasons. If an exemption is granted there may be greater animosity from the surrounding property owners towards the applicants and the Shire of Manjimup.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
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 100 (140) Chopping Street, Manjimup, subject to compliance with the following conditions; 1. This approval relates to the keeping of the following dogs only:
2. The applicant/owner 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 are received, legal contraventions or nuisance behaviour occurs whilst keeping of additional dogs on the property, the Shire of Manjimup reserves the right to revoke this exemption. |
|
ATTACHMENTS |
||
|
1⇨ |
Attachment No 1 - Application To Keep More Than Two Dogs |
4 Pages |
|
2⇨ |
Attachment No 2 - Copies of Submissions Recieved |
5 Pages |
|
APPENDICES |
||
|
a⇨ |
Appendix A - Excerpt from 29 September 2022 Minutes |
8 Pages |
|
b⇨ |
Appendix B - Excerpt from March 2020 minutes |
6 Pages |
9.9.1 Proposed Budget Amendment - Pemberton Sports Complex Review
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
NA |
|
WARD: |
NA |
|
ZONE: |
NA |
|
DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F220139 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Evy Apeldoorn |
|
DATE OF REPORT: |
25 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
At the Ordinary meeting held 16 June 2022, Council was presented with a request for financial assistance from the Pemberton Sports Club Inc. At that meeting Council resolved as follows:
The Shire has undertaken a Request for Quote (RFQ) process for the procurement of a suitably qualified consultant to undertake, what is essentially, a very complex review of the operational model of the Pemberton Sports Complex.
Upon assessment of the proposal received, the proposal of the preferred consultant exceeds the allocated funds ($30,000) by up to $6,000. As such, Council is requested to approve a budget amendment of $6,000 to allow for this review to be undertaken.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The Shire of Manjimup has called for quotations from suitably qualified consultants to undertake a review of, and provide recommendations for, the operational and governance model of the Pemberton Sports Complex. The main deliverables are to develop a report and to present the report findings to the Shire of Manjimup Council and the stakeholders/community.
The recommended model must:
· Ensure that the Complex, inclusive of its sporting and recreation community facilities, remains available for the broader Pemberton community to access;
· Take into account the demographics and the financial capacity of user groups and individuals in the Pemberton community;
· Fit the needs and the resources of both the user groups/clubs and the Shire of Manjimup;
· Be operationally and financially sustainable into the future;
· Be equitable in comparison to other shared/ collocated/ similar facilities within the Shire of Manjimup in terms of fees and charges and recommended subsidy;
· Be appropriate and suitable for a local community and sporting facility; and
· Provide clear direction to Council regarding any recommended financial contribution required for the Complex to remain operational.
Given the level of community concerns about the ongoing availability of the Pemberton Sports Complex to the sporting and recreation clubs and the wider community, as well as Council’s concerns about the Complex’ financially sustainability, it is imperative this review is undertaken by an independent and suitably qualified and experienced consultant.
Several submissions were received in response to the RFQ. Based on weighted assessment a preferred qualifies and experienced consultant has been identified. Whilst deemed the best value for money the submitted price exceeds the allocated budget by $6,000 and as such it is recommended that Council approve this additional expenditure to be transferred from the Community Services Project Management (Consultancy) budget allocation.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
Shire of Manjimup Strategic Community Plan 2021-2031:
· Strategy C1. Encourage co-locations, partnerships and resource sharing to deliver community services.
· Strategy C18. Create, support and promote a broad range of sporting, recreational and social opportunities that are accessible and inclusive for all ages and abilities.
· Strategy D5. Develop and maintain community infrastructure to a service-level that meets the community’s needs.
· Strategy D12. Assist communities to build and maintain sport and recreation facilities whilst encouraging co-locations, collaborations and resource sharing wherever possible.
Organisational risk management:
Taking a proactive stance and investing in the strategic review by an independent qualified consultant of the operational model for the Complex has the potential to mitigate reputational damage of the Shire. Ongoing Rate waivers and debt write-off to support the Pemberton Sports Club may be criticised by competitors and members of the community and other like sporting and recreation entities in supporting a commercial style operation with public funds and essentially creating an uneven playing field.
Financial Implications:
Although the initially allocated $30,000 originated from the Recreation Grounds/Facility Improvement Reserve, there are insufficient funds in this Reserve to cover the additional costs of the review (due to other committed project expenditure from this Reserve). As such to fund the undertaking of this review, a budget amendment will be required to transfer the funds from the operational Community Services budget.
As mentioned in the Council agenda item of 16 June 2022, it should be noted that further future funds may be required should the operational review findings propose a new operational model which may require building amendments (e.g. to provide secure access into hire areas separated from leased areas). Any new investment will be levelled against benefits. Complex users may also be in a position to seek grant funding to achieve some of the potential outcomes.
Sustainability:
Environmental: Nil.
Economic: A review of the operational model of the Complex aims to benefit its economic sustainability.
Social: The Complex provides the local Pemberton community with a variety of facilities for recreational and social activities. The continued viability of the Complex is important to the social wellbeing and connectivity of the Pemberton community.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
|
That Council approve the budget amendment of $6,000 from “Community Services – Project Management” to “Recreation Services – Pemberton Sports Club Review” for the Shire of Manjimup to facilitate a review of the operational model of the Pemberton Sports Complex as per the table below:
|
APPENDIX
9.9.2 2023 Arts Acquisitive Prize - Request by Pemberton Arts Group Seeking Variation to Policy 3.1.3 Community Funds Allocation
|
PROPONENT |
Pemberton Arts Group |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
NA |
|
WARD: |
NA |
|
ZONE: |
NA |
|
DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F160252 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Evy Apeldoorn |
|
DATE OF REPORT: |
25 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Pemberton Arts Group has written to the Shire of Manjimup (Shire) requesting reconsideration of the requirement for the recipient of the Shire’s annual Arts Acquisitive Prize, allocated to the Sculpture in the Vines event in 2023, to be a resident of the Shire of Manjimup. The letter of request is attached.
ATTACHMENT: 9.9.2(1)
As this request is contrary to the Community Funds Allocation Policy 3.1.3, this request is hereby presented to Council for consideration. The existing Policy is appended.
APPENDIX: 9.9.2 (A)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Arts (Acquisitive) Prizes
At the Ordinary Council Meeting held 12 February 2015 Council moved to allocate $5,000 for the purpose of an acquisitive prize to the Pemberton Arts Group (PAG) at the inaugural Unearthed Festival in May 2015. This decision was aligned with Council’s desire to “expand, conserve and display the Shire’s art collection for everyone to study and enjoy” as outlined in the Shire’s Art and Culture Strategic Plan 2013-2023. Following this decision, funds have been allocated by Council in the operational budget upon annual requests. To date PAG have been the only recipient of the acquisitive arts prize.
Over the past years Council has received an increasing number of requests and enquiries from community groups for funds towards arts prizes and arts acquisitive prizes. To ensure consistency and equity in the manner these requests are being submitted and considered, arts (acquisitive) prizes were included in the Shire’s Community Funds Allocation Policy 3.1.3 at its most recent review, adopted by Council at its Ordinary meeting on 11 February 2022.
The inclusion of arts (acquisitive) prizes into this Policy was supported by the following recommendations from the Arts & Culture Strategic Plan 2013 – 2023:
· 1.1.2 Provide financial assistance for arts and cultural activities to relevant community groups through the Council's Community Funds Allocation;
· 1.1.3 Our local artists are recognised and honoured for their significant contribution to their field; and
· 1.6.2 Develop and Implement an Arts Prize and Acquisition Policy to Grow the Shire’s Art collection.
As it is Council’s intent for these prizes to support and encourage growth and stimulation of the local arts and cultural environment, it is stipulated in the Policy that, to be eligible for community grant funding for arts (acquisitive) prizes, the arts competition/exhibition should be held within the Shire of Manjimup, and the winning/awarded artists are to be residents of the Shire of Manjimup.
Request by PAG
PAG submitted two applications for the Shire’s Community Grants 2022/2023 Program and were allocated the following funds by Council: $3,000 towards two art exhibitions, $500 for two arts prizes for the exhibitions, and $4,500 (ex. GST) for an arts acquisitive prize for the Sculptures in the Vines event to be held in Autumn 2023.
In relation to the arts acquisitive prize, PAG state the following in their letter: “While we believe this requirement for recipients of awards from our gallery exhibitions held at the Pemberton Sports Club to reside in this district is appropriate, it does not seem fair to entrants of the outdoor sculpture exhibition and awards as we have found that less than a handful of Sculpture in the Vines entrants reside in the Shire of Manjimup. Thus, this major award may not attract new entrants or quality sculptures from beyond our region and may result in a prejudice towards the very few sculptors eligible, or even a decision to withhold the award if no work from a Shire resident is deemed appropriate.”
Furthermore, PAG state their intention to add to the amount granted by the Shire to ensure a quality work is acquired, as it is increasingly evident that, with rising costs of materials and transport, large sculptures are likely to be more costly and may not be within the Shire’s budget for acquisition.
Upon consideration of PAG’s request, it became apparent that whilst the existing Policy guides the eligibility of prize winners, it is silent on a number of other matters, including:
· Possibility for the applicant to add funds to the acquisitive prize to allow for purchasing a more expensive artwork;
· Ownership of acquired artwork, in particular relevant if the applicant adds funds to the prize;
· Display location for public enjoyment of the acquired artwork; and
· Public safety considerations for acquired artwork.
Conclusion
In accordance with Council’s intent to support growth and stimulation of the local arts, it is recommended to retain the residency criteria (i.e. to reside in the Shire of Manjimup) for artists to be awarded with Shire allocated prizes. However, it is acknowledged that, when an applicant adds funds to the Shire’s acquisitive prize amount, and a larger/more expensive artwork is purchased, that there is merit to allow for a wider region of artist residency, as requested by PAG.
In the longer term, it would mean a more varied Shire art collection with a wider group of artists represented. Furthermore, as evidenced by the Manjimup Art Prize works which were collected over a number of years, some of the paintings in that collection are early works by artists who have gone on to become quite famous. As such the acquisitive prize does, to an extent, represent an investment for Shire ratepayers regardless of whether the winning artist is local or from further afield.
Upon consideration of the above, it is recommended that Council consider approving the request from PAG to allow for the acquisitive prize for the 2023 Sculptures in the Vines to be awarded to an artist who may or may not reside within the Shire of Manjimup. By broadening the eligibility for awarded artists for larger acquisitive prizes to wider residency, Council’s intent for these prizes can still be achieved.
To guide similar future requests and to provide clarity on the above matters, currently not addressed in the policy, it is recommended to amend the Policy by including these matters. A clear and transparent policy is imperative, as arts (acquisitive) prizes may be applied for by a wide range of community groups across various arts media. A revised policy will be submitted to Council for consideration at a future Council meeting.
In the interim of a full policy review it is recommended that Council conditionally approve PAG’s request pertaining to the 2023 Arts Acquisitive Prize, whereby PAG is a co-contributor to the prize value. The conditions being that the ‘Art Acquisition’:
a) Will be included in the Shire’s arts collection, thus owned and insured by the Shire;
b) Will be displayed for public viewing at a location in the Shire of Manjimup to be decided in discussion between the applicant and the Shire, noting the following:
i. It needs to be located on land under management and control of the Shire of Manjimup;
ii. The proposed location for the artwork to be negotiated between PAG and the Shire of Manjimup; and
iii. Selection of a sculpture or larger art piece requiring transportation and installation may incur considerable extra costs. PAG is responsible to consider these costs in their selection and assist to identify any additional funding sources. Noting that any additional funds requested from the Shire of Manjimup will need to be determined by Council.
c) Needs to meet public safety and security considerations (including: no sharp edges, no finger pinching points, not climbable, securable against theft, etc.); and
d) Be selected by a selection panel, which is to be established by the applicant, and is to include an elected member.
STATUTORY ENVIRONMENT:
Local Government Act (1995) s6.7
Policy / Strategic Implications:
Application of this Policy supports various community groups, projects and events to carry out their own activities. These activities, however, also serve to support Council in fulfilling the objectives of various Council Plans and Strategies including the Shire of Manjimup Strategic Community Plan 2021 – 2031, and the Arts & Culture Strategic Plan 2013 – 2023.
Organisational risk management:
Public art needs to be designed, selected and installed in such a way as to ensure it can be safely and aesthetically appreciated by the public. The selection and installation of inappropriate and unsuitable acquisitions may pose a safety risk to the community and increase the organisations liability.
Financial Implications:
Funds for an arts acquisitive prize are allocated in the Community Services annual operational budget. The cost of installing the ‘acquired art’ is an unknown and would likely be subject to further consideration by Council.
All public art will have maintenance considerations over time which generally may be absorbed in annual operational budgets. Where this is not possible further Council consideration would be required.
Sustainability:
Environmental: Nil.
Economic: Artists are a growing contributor to the local economy and visitor experience. The arts acquisitive prize supports opportunity for recipients to improve their economic sustainability.
Social: In supporting the arts activities and events of various community groups, the arts acquisitive prize provides for enhanced social and artistic opportunities across the Shire.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council: 1. Approve the request of the Pemberton Arts Group (PAG) to allow for the Shire of Manjimup 2023 Arts Acquisitive Prize to be awarded to any artist, regardless of their location of residence, subject to the following conditions: a) PAG adding an equal or larger monetary amount to the prize; b) Art acquisition to be included in the Shire’s arts collection, thus owned and insured by the Shire; c) Art acquisition to be displayed for public viewing at a location in the Shire of Manjimup to be decided in discussion between the applicant and the Shire, noting the following: i. It needs to be located on land under management and control of the Shire of Manjimup; ii. The proposed location for the artwork to be negotiated between PAG and the Shire of Manjimup; d) Art acquisition selected will need to meet public safety and security considerations (including: no sharp edges, no finger pinching points, not climbable, securable against theft, etc.); and e) Art acquisition to be selected by a selection panel, which is to be established by the applicant, and is to include an elected member. |
|
ATTACHMENTS |
||
|
1⇨ |
Request Pemberton Arts Group in relation to the Arts Acquisitive Prize for Sculpture in the Vines |
1 Page |
|
APPENDICES |
||
|
a⇨ |
3.1.3 Community Funds Allocation Policy - 2021 |
8 Pages |
9.12.1 Proposal to Excavate Organic Waste from the Manjimup Recycling and Refuse Centre for Composting
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
62 Ralston Road, Ringbark |
|
WARD: |
North |
|
ZONE: |
Public Purposes |
|
DIRECTORATE: |
Works and Services |
|
FILE REFERENCE: |
F160640 |
|
LEGISLATION: |
Local Government Act 1995 Waste Avoidance and Resource Recovery Act 2007 |
|
AUTHOR: |
Michael Leers |
|
DATE OF REPORT: |
24 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
At the Ordinary Meeting of Council 29 September 2022, Resolution 28904 Point 3 requested an Officers report be prepared to inform Council about the ability to bury and then excavate organic waste at a later date at the Manjimup Recycling and Refuse Centre (MRRC) for composting. The recommendation is shown below.
That Council:
1. Under its adopted 2022/23 Fees and Charges schedule, impose a new tipping fee of $90.00 per cubic metre inc. GST for organic agri-wastes brought to the Manjimup Recycling and Refuse Centre;
2. Provide Local Public Notice under the Local Government Act 1995 to give effect to the fee;
3. Request that a report be prepared for Council’s information regards the discrete landfilling of the organic agri-waste so that it can be retrieved at a later date for composting; and
4. Request that a report be prepared for Council decision providing manageable options for organic agri-waste by March 2023, in time for 2023/24 Annual Budget considerations.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Following a written request to the Department, Shire Officers received advice from the Department of Water and Environmental Regulation (DWER) Industry Regulation Directorate regarding the burying and subsequent excavation of organic waste. The advice, attached below, confirmed:
· The current MRRC licence permits landfilling up of to a total of 50,000 tonnes putrescible waste (including organic agri-waste) per annum;
· The current licence does not permit excavation of landfilled wastes for resource recovery; and
· That doing so would require a licence amendment.
ATTACHMENT: 9.12.1(1)
Comments from DWER explained that amendment to the licence allowing excavation of landfill waste for future recovery will need to consider odour, leachate and dust management as well addressing procedures that will eliminate the potential for inadvertent excavation of hazardous materials previously landfilled.
DWER have also advised that depending on the controls required to be put in place to mitigate the environmental risks, management of the risks is likely to render the process financially unachievable.
Shire Officers concur with the advice from DWER and advise against any amendment of the current licence, as the amendment process itself may jeopardise the existing licence due to changes in the legislative requirements that include:
· Distance to the nearest dwelling is now a minimum of 500m;
· Current processes managing bulk recyclables, such as mattresses, now require faster removal from the MRRC site;
· Buffer requirements are now under more scrutiny, with potential for increased buffer distances; and
· Leachate management infrastructure at the site was approved under previous legislation which will likely require upgrade to current standards to be considered compliant.
Shire Officers recommend that Council does not proceed with considering amendment to the current MRRC licence due to the financial impact and risks associated with the environmental management of the site.
STATUTORY ENVIRONMENT:
Local Government Act 1995; and
Waste Avoidance and Resource Recovery Act 2007
Policy / Strategic Implications:
The Shire of Manjimup Ralston Road Waste Management Facility Strategic Management Plan 2012 – 2032 is currently being reviewed to align with the State Government Waste Authority’s Waste Avoidance and Resource Recovery Strategy 2030. In the absence of a current strategic plan, Shire Officers direct the operation of the MRRC towards the principles of the Waste Avoidance and Resource Recovery Strategy 2030, including, where possible, the pursuit of best-practice waste management according to the preferences of the waste hierarchy.
Organisational risk management:
There is a significant risk to the organisation and community if a licence amendment process was to occur given the likelihood of major disruption in services at the facility during the amendment process, including the possibility of the facility being closed indefinitely.
Financial Implications:
If the amendment process were to occur, the cost recovery of the capital works will have to be paid for by all the users of the facility through their waste charges or alternatively the Shire covers the cost through municipal funding.
Cost recovery of the material being landfilled will be covered by the Shire’s Fees and Charges for disposal of Agri-waste. Cost recovery of the material being excavated by the contractor to then be used in production of compost will have to be added to the final price or cost of the product.
Given the total amounts of agri-waste estimated to be collected in any year would be up to 500 tonne (based on previous years data), the financial impact for managing one percent or less of the MRRC total allowable waste to be landfilled is not sustainable.
Sustainability:
Environmental: While disposal to landfill is a less-preferred method of waste management than resource recovery, there is no alternative for organic agri-wastes but to landfill them once they have been brought to the MRRC
Economic: Amending the current MRRC licence for the purpose of burying and then excavating organic waste at a later date will likely see significant cost increases for the Shire’s Waste Services.
Social: The most sustainable outcome for society with respect to waste management is to follow the principles of the waste hierarchy and seek to avoid waste generation as the most-preferred option, recover resources (where possible) next, and landfill the waste as a least-preferred method. Imposing a tipping fee will support the Shire’s pursuit of the principles of the waste hierarchy to the greatest extent possible given the limitations of the MRRC site.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council; 1. Note the advice received from Department of Water and Environmental Regulation; and 2. Not proceed with amending the current Manjimup Recycling and Refuse Centre licence for the purposes of burying and then excavating organic waste to be used in compost. |
|
ATTACHMENTS |
||
|
1⇨ |
DWER correspondence |
2 Pages |
9.15.1 Informal Meeting Notes of the Northcliffe Forest Park Management Committee Meeting Held 16 November 2022
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Northcliffe Forest Park |
|
WARD: |
Coastal |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Works & Services |
|
FILE REFERENCE: |
F170372 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Nicole Booth |
|
DATE OF REPORT: |
18 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Northcliffe Forest Park Management Committee is a Management Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995.
The purpose of this report is to present the informal meeting notes of the Northcliffe Forest Park Management Committee meeting held 16 November 2022, as attached.
ATTACHMENT: 9.15.1 (1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
As the Committee did not achieve quorum there are no recommendations to present to Council.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
Management Committees of Council ensure appropriate levels of community involvement in assisting the Shire manage its public open space and the relevant infrastructure assets.
Organisational risk management:
Nil.
Financial Implications:
The Northcliffe Forest Park Management Committee is responsible for the management of the budget allocated for the Northcliffe Forest Park’s maintenance, capital improvements and reserves.
Sustainability:
Environmental: The Northcliffe Forest Park is a heavily vegetated reserve in close proximity to the town providing both social benefits and public safety concerns in respect to fire management.
Economic: Nil
Social: The Northcliffe Forest Park is an important reserve for the Northcliffe community.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council note the informal notes of the Northcliffe Forest Park Management Committee meeting held 16 November 2022, as attached: 9.15.1(1).
|
|
ATTACHMENTS |
||
|
1⇨ |
Northcliffe Forest Park MC Informal Minutes 16 November 2022 |
5 Pages |
9.15.2 Unconfirmed Minutes of the Audit Committee Meeting Held 17 November 2022
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F170379 |
|
LEGISLATION: |
Local Government Act 1995, Local Government (Financial Management) Regulations 1996 |
|
AUTHOR: |
Greg Lockwood |
|
DATE OF REPORT: |
22 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
On the 17 November 2022 Council’s Audit Committee met with the purpose of:
1) Receiving the unconfirmed minutes of the Audit Committee held 3 March 2022; and
2) Accept the Shire of Manjimup 2022 Financial Management Systems Review; and
3) Accept the Shire of Manjimup 2022 Regulation 17 Review.
The purpose of this agenda item is to receive the unconfirmed minutes of the Audit Committee meeting held on 17 November 2022.
ATTACHMENT: 9.15.2(1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Every 3 years the Shire’s Chief Executive Officer (CEO) is required to undertake a Financial Management Systems Review and Regulation 17 Review to satisfy the CEO’s duty under Section 6.10 of the Local Government Act 1995 and Regulation 5(1) of the Local Government (Financial Management) Regulations 1996.
The reviews listed above are not required to be carried out by a third party however for good governance and transparency the reviews were contracted to AMD Chartered Accounts (AMD). AMD carry out these types of reviews for some 20 plus Local Governments which demonstrate their experience, knowledge, and appropriateness to carry out such a review.
Tim Partridge, a Director of AMD presented the findings of both reviews, Mr Partridge congratulated the Shire on the continued high level of compliance on such matters, and drew the Audit Committee’s attention to the “Summary of Findings” in both reports to the comment:
“Following the completion of our review and subject to the recommendations outlined within section 2 to 8, we are pleased to report that in context of the Shire’s overall internal control environment, policies, procedures and processes in place are appropriate, and have been operating effectively at the time of the Review”.
A copy of both reports can be found within the minutes of this agenda item.
STATUTORY ENVIRONMENT:
Local Government Act 1995 Section 6.10 Financial management regulations, Local Government (Financial Management) Regulations 1996 5. CEO’s duties as to financial management
Policy / Strategic Implications:
The Audit Committee is established under the Local Government Act 1995 to provide guidance and assistance to the Local Government in achieving the audit requirements of the Act thus ensuring that the financial management of the Shire of Manjimup remains open, transparent and accountable.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: It is essential that Local Government maintains open, transparent and accountable processes in the expenditure of public monies. Regular financial audits by auditors and the functions of the Audit Committee are some of the methods established to assist Local Government in meeting legislative and community expectations.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council: 1. Receive the unconfirmed minutes of the Audit Committee meeting held 17 November 2022 as per Attachment: 9.15.2(1); 2. Accept the 2022 Financial Management Systems Review; and 3. Accept the 2022 Regulation 17 Review. |
|
ATTACHMENTS |
||
|
1⇨ |
Audit Committee Minutes - 17 November 2022 |
40 Pages |
APPENDIX
9.16.1 Unconfirmed Minutes of the Access & Inclusion Advisory Committee Meeting held 10 November 2022
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
Whole of Shire |
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WARD: |
Whole of Shire |
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ZONE: |
All |
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DIRECTORATE: |
Community Services |
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FILE REFERENCE: |
F170381 |
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LEGISLATION: |
Disability Services Act 1993 Commonwealth Disability Discrimination Act 1992 Equal Opportunity Act WA 1998 Local Government Act 1995 |
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AUTHOR: |
Kelsie Brown |
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DATE OF REPORT: |
14 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
The Access and Inclusion Advisory Committee (AIAC) is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995.
The functions of the Committee are to:
· Promote the benefits of access and inclusion to the residents and businesses of the Shire of Manjimup;
· Be available to provide relevant advice on the development of proposals or plans for any activity, building or infrastructure within the Shire;
· Support and encourage partnership networks of local organisations that are best placed to collectively plan and coordinate strategies to address the needs of our local disability communities;
· Make recommendations to Council on matters arising not clearly dealt with by the Shire of Manjimup’s Access and Inclusion Plan; and
· Monitor and review the Access and Inclusion Plan.
The current Committee’s Terms of Reference are appended.
APPENDIX: 9.16.1 (A)
The purpose of this report is to present the unconfirmed Minutes and Action Items of the AIAC meeting held 10 November 2022, as attached for Council consideration.
ATTACHMENT: 9.16.1 (1)
ATTACHMENT: 9.16.1 (2)
PUBLIC Consultation Undertaken:
Nil.
COMMENT:
There is one recommendation arising from this meeting that require a decision of Council as below:
|
Committee Recommendation |
Officer Recommendation |
|
For Council to support the expenditure of budget funds set aside for DAIP implementation (<$2,000) to be used toward the purchase of a GLIDE wheelchair, as recommended by the Committee, to be located at the Manjimup Heritage Park. Further discussions to be had with the Manjimup Visitor Centre on management, maintenance, storage and security of the wheelchair. |
As per Committee Recommendation. Noting that the purchase would be subject to the Manjimup Visitor Centre being prepared to take responsibility for it. |
Further to the above, the Committee was advised that Libby Thorn has resigned from WA Country Health Services (WACHS) and that Coralie Peet (proxy) will be the AIAC Committee representative. As WACHS are a representative organisation on this Committee the changes in representation were accepted at the meeting but no motion was passed. Representative changes on the committee are required, with Council approval, to be reflected in an amendment AIAC Terms of Reference. The following key changes, as requested by the WACHS are proposed:
· Under Members:
o Removed “Proxy” reference to Coralie Peet from WACHS
o WACHS Proxy remains vacant.
Further discussions will be held with WACHS to determine a suitable proxy to be presented to the Committee at a meeting in the new year.
The current Terms of References have been appended and the proposed revised Terms of Reference are attached.
ATTACHMENT: 9.16.1 (3)
STATUTORY ENVIRONMENT:
· Disability Services Act 1993
· Commonwealth Disability Discrimination Act 1992
· Equal Opportunity Act Western Australia 1998
· Local Government Act 1995
Policy / Strategic Implications:
· Shire of Manjimup Access and Inclusion Plan 2018-2023
· Shire of Manjimup Access and Inclusion Policy 3.8.1
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Accessible and inclusive communities and visitor experiences have the potential to add to the visitor economy.
Social: The Shire of Manjimup is committed to ensuring that the community is an accessible and inclusive community for people with disability, their families and carers.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
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That Council: 1. Receive the unconfirmed Minutes and Action Items of the Access and Inclusion Advisory Committee meeting held 10 November 2022 as shown in Attachment 9.16.1(1) and Attachment 9.16.1(2); 2. Adopt the amended Terms of Reference of the Access & Inclusion Advisory Committee as per Attachment 9.16.1 (3); and 3. Approve the purchase of a GLIDE wheelchair, for mobility impaired visitors to use whilst in the Manjimup Heritage Park, from the allocated ‘Implement – DAIP’ approved budget of $2000, subject to the Manjimup Visitor Centre agreeing to host the wheelchair and coordinating access. 4. |
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ATTACHMENTS |
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1⇨ |
AIAC Meeting Minutes |
3 Pages |
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2⇨ |
AIAC Action Items |
2 Pages |
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3⇨ |
AIAC Proposed Updated Terms of References |
2 Pages |
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APPENDICES |
||
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a⇨ |
AIAC Terms of Reference |
2 Pages |
9.16.2 Unconfirmed Minutes of the Airfield Management Committee Meeting Held on 9 November 2022
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PROPONENT |
Shire of Manjimup |
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OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
Dawn Road, Manjimup |
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WARD: |
Central |
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ZONE: |
Public Purposes |
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DIRECTORATE: |
Works & Services |
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FILE REFERENCE: |
F170380 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Yvonne Brown |
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DATE OF REPORT: |
16 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
The purpose of this report is to present to Council the unconfirmed minutes of the Airfield Management Committee meeting held 9 November 2022. A copy of the unconfirmed minutes is attached.
ATTACHMENT: 9.16.2 (1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The committee made no recommendation requiring Council approval.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
The airport services a large geographical area providing emergency access to firefighting and hospitals.
Organisational risk management:
Nil.
Financial Implications:
In accordance with Council’s adopted budget.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: The Airport is critical infrastructure to the community.
VOTING REQUIREMENTS: SIMPLE MAJORITY
|
That Council receive the unconfirmed Minutes of the Airfield Management Committee Meeting, held 9 November 2022, as shown in Attachment: 9.16.2 (1).
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ATTACHMENTS |
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1⇨ |
Unconfirmed Minutes of the Airfield Management Committee |
3 Pages |
9.16.3 Unconfirmed Minutes of the Northcliffe Town Activation Advisory Committee Meeting held on 8 November 2022
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PROPONENT |
Northcliffe Town Activation Advisory Committee |
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OWNER |
N/A |
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LOCATION / ADDRESS: |
Northcliffe Town Centre |
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WARD: |
Coastal |
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ZONE: |
N/A |
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DIRECTORATE: |
Development and Regulation |
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FILE REFERENCE: |
F170455 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Kaylene Roberts |
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DATE OF REPORT: |
17 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
The Northcliffe Town Activation Advisory Committee is an Advisory Committee of Council, formed in accordance with Part 5 of the Local Government Act 1995. In accordance with the adopted Terms of Reference, the functions of the committee are:
1. Identification of opportunities for space activation within Northcliffe townsite;
2. Liaison with other relevant community groups and / or service agencies over potential art and cultural projects;
3. Assisting the Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct;
4. Assist in co-ordinating community participation; and
5. Communicate and inform the local community about activities of the Committee.
The latest meeting of the Northcliffe Town Activation Advisory Committee was held on 8 November 2022. A copy of the unconfirmed minutes relating to that meeting are shown attached.
ATTACHMENT: 9.16.3 (1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
As reflected in the unconfirmed minutes, the Committee passed several recommendations. The following table details those recommendations required by Council:
|
Committee Recommendation |
Officer’s Comment |
|
|
1. |
The Committee look at Dual/First Nation naming consideration for other locations within the CBD and use of both First Nation and English on signage |
That Council note Cr Eiby has identified a historic plan which may contain some first nation names that may be suitable for consideration. |
|
2. |
That Council be requested to consider the sealing of Leitch Lane as part of the 2023/24 budget and that Leitch Lane be one way from the General Store to Hotel – south to north for safety reasons. |
Council await the outcome of the Road Infrastructure Advisory Committee before considering as part of the 2023/24 annual budget process. |
As reflected above, no immediate action or consideration of the Advisory Committee recommendations is required of Council. Further information will be provided regarding any specific Advisory Committee recommendations regarding Dual/Naming.
The Director of Works and Services will arrange for the Advisory Committee recommendation regarding Leitch Lane to be considered by the Road Advisory Committee in due course.
STATUTORY ENVIRONMENT:
The Committee is an Advisory Committee formed by Council in accordance with the Local Government Act 1995. Committee members are bound by the Terms of Reference and the Shire’s Standing Orders.
Policy / Strategic Implications:
The Northcliffe Town Activation Advisory Committee provides the Shire of Manjimup with a vital tool and local input into planning for improvement works and space activation within the Northcliffe townsite.
Revitalisation of the Northcliffe Town Centre will ensure that the town is accessible, attractive and inviting whilst maintain its unique character, consistent with Community Goal 4.4 as identified in the Shire’s Strategic Community Plan 2021 – 2031.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: The Committee assists the Shire in identifying future improvement works and opportunities for space activation within the town.
Economic: By addressing opportunities for space activation within the town centre, operation of the committee ensures opportunities for economic development area maximised and that local businesses will benefit.
Social: In accordance with the terms of reference, a key element of the committee’s role is to ensure community involvement in future development programs.
VOTING REQUIREMENTS: SIMPLE MAJORITY
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That Council: 1. Receive and note the unconfirmed Minutes of the Northcliffe Town Centre Activation Advisory Committee meeting held on 8 November 2022 as shown at Attachment: 9.16.3 (1); and 2. Refer the Northcliffe Town Centre Activation Advisory Committee recommendations regarding Leitch Lane to the Road Infrastructure Advisory Committee for further consideration.
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ATTACHMENTS |
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1⇨ |
Attachment No 1 - Unconfirmed Minutes of Advisory Committee Meeting held on 8 November 2022 |
3 Pages |
9.16.4 Unconfirmed Minutes of the Plant Replacement Committee Meeting Held 17 November 2022
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PROPONENT |
Shire of Manjimup |
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OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
NA |
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WARD: |
NA |
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ZONE: |
NA |
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DIRECTORATE: |
Works and Services |
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FILE REFERENCE: |
F170382 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Michael Leers |
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DATE OF REPORT: |
18 November 2022 |
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DECLARATION OF INTEREST: |
Nil |
Background:
The purpose of this report is to consider the unconfirmed minutes of the Plant Replacement Committee meeting held on 17 November 2022. A copy of the minutes are attached.
ATTACHMENT: 9.16.4 (1)
The functions of the Plant Replacement Committee are:
1. To review the rolling 10 year Plant Replacement Program;
2. To consider the merits of proposed new items of Plant; and
3. To review tender specifications for Plant.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The Committee discussed a number of items related to the 2023 to 2033 Plant Replacement Schedule, which is attached.
ATTACHMENT: 9.16.4 (2)
The Committee made two recommendation requiring Council’s approval.
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Committee Recommendation |
Officer’s Comment |
|
The Committee adopt the 2023 to 2033 Plant Replacement Schedule. |
The matter was raised by Shire Officers and supported by the Committee. |
|
The Committee endorse amendment to the 2022/23 Annual Budget of $150,751 ex GST for the sale of grader GR02. |
The matter was raised by Shire Officers and supported by the Committee. |
The draft 2023/2033 Plant Replacement Schedule with a proposed budget amendment for the sale of grader GR02 was presented to the Committee for endorsement. The budget amendment for GR02 was discussed. GR02 was expected to raise $65,000 disposal price made in excess of $150,000. There were no changes to the Replacement Schedule.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
Shire of Manjimup Long Term Financial Plan 2016-2026 – this committee oversees the purchase of high value plant ensuring long term financial sustainability and in accordance with Council approved annual budgets.
Organisational risk management:
The Plant Replacement Committee reduces risk to the organisation by meeting to ensure timely and effective replacement of appropriate Shire plant and equipment.
Financial Implications:
Nil, with income received from the sale of plant being allocated to the purchase of new or replacement plant.
Sustainability:
Environmental: Fuel efficiency technologies are continuously improving.
Economic: Planned and considered turnover of the Shire’s fleet of plant and equipment ensures both financial sustainability and effective operational capability.
Social: Nil.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
|
That Council: 1. Receive the minutes of the Plant Replacement Committee meeting held on 17 November 2022 shown in Attachment: 9.16.4 (1); 2. Consider the Plant Replacement Schedule 2023 to 2033, shown in Attachment: 9.16.4(2), as part of Council’s 2023/24 Annual Budget deliberations; and 3. Accept the amendment to the Council approved 2022/23 Annual Budget of $150,751 ex GST for the sale of grader GR02, as shown in the table below.
|
|
ATTACHMENTS |
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1⇨ |
Plant Replacement Committee Minutes 2022 - 17 November |
3 Pages |
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2⇨ |
Plant Replacement Schedule 2023 to 2033 October 2022 |
1 Page |
10. LATE REPORTS:
11. QUESTIONS FROM MEMBERS:
11.1 Response to questions from members taken on notice.
11.2 Questions from members.
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING:
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:
14. MEETING CLOSED TO PUBLIC:
14.1 Matters for which the meeting may be closed
14.1.1 2023 Shire of Manjimup Citizen of the Year Awards
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PROPONENT |
Shire of Manjimup |
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OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
Nil |
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DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F160394 |
|
LEGISLATION: |
Nil |
|
AUTHOR: |
Kelsie Brown |
|
DATE OF REPORT: |
14 November 2022 |
|
DECLARATION OF INTEREST: |
Nil |
.
Voting Requirements: Simple Majority
Officer Recommendation:
That Council goes behind closed doors to consider:
Item 14.1.1 as under Section 5.23(2) (h) it deals with such other matters as may be prescribed.
14.2 Public reading of resolutions that may be made public.
15. APPLICATIONS FOR LEAVE OF ABSENCE:
16. CLOSURE:
In closing I acknowledge the contributions of pioneers and group settlers who opened up this land and through their efforts allow us to enjoy the lifestyle we live today.
There being no further business to discuss the Shire President to thank those in attendance and close the meeting at…………pm.
