Minutes of Ordinary Council - Thursday, 23 March 2023

The Shire President declared the meeting open at 5.30pm acknowledging former Shire President Colin Crombie and former Councillors Ken Gunson and Dennis Barnsby .

Councillor Robert Taylor made an acknowledgement to Country.

”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 and present.”

2. ANNOUNCEMENTS BY THE PRESIDENT:

The Shire President attended the following meetings and events:

· A meeting with the Shires of Boyup Brook, Bridgetown-Greenbushes, Nannup and West Arthur and Minister Jackie Jarvis and Simone McGurk in Perth to discuss Forestry and Water issues as part of the Warren-Blackwood Alliance of Councils.

· A meeting of the CEO Review Committee.

· The funeral of the late Domenica Guadagnino.

· The Karri Valley Triathlon.

· The Manjimup Agricultural Show.

· The Targa Southwest Racing Car Rally and Dinner with Councillor Ken Lawrence.

· The Youth Action Conference on Mental Health at the Manjimup Senior High School.

· Met with the Chief Executive Officer and Councillors from the City of Bunbury at the Heritage Park.

· The Agenda Review with Acting Chief Executive Officer Brian Robinson.

· Attended a Zoom/Teams Meeting with Vince Corlett (Parkside), Acting Chief Executive Officer Brian Robinson and Melissa Teede (Southwest Development Commission) regarding the Deanmill settlement.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr D Buegge

Cr S Dawson Vidovich

Cr D Jenkins

Cr K Lawrence

Cr K Skoss

Cr R Taylor

Cr M Ventris

Cr J Willcox

Cr C Winfield

Staff

Mr Brian Robinson (Acting Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Todd Ridley (Acting Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Mr Jason Giadresco (Senior Governance Officer)

Gallery

Colin Crombie	Shammara Markotis
Pauline Hewitt	Julian Sharp
Daniel Hocking	William French
Debra French	Sherril Jackson
Jill Baker	Bev South
Warren South	Ken Gunson
Dennis Barnsby	John Geuer
Gaye Van Hazendonk	John Bendotti
Kylie Bendotti	Michala Buckley
Jason Wallinger	Mary Nixon
Dinika Keeble	Christine Bendotti
Evy Apeldoorn	Deanne Ventris
Leanne Rowe	Ben Enckelman

3.1 Apologies: Nil.

3.2 Leave Of Absence:

Councillor Wendy Eiby has been granted a Leave of Absence for this meeting.

4. DECLARATIONS OF INTEREST:

The Acting Chief Executive Officer advised that he has received a Financial Interest Declaration from Councillor Taylor for Item 9.9.1 and an Impartiality Interest Councillor Buegge for Item 9.5.6.

Councillor Taylor declared a Financial Interest in Item 9.9.1 as Warren Electrical Service Pty Ltd has quoted on the works, and his son is the owner of Warren Electrical Service Pty Ltd.

Councillor Buegge declared an Impartiality Interest in Item 9.5.6 as she has a child at Kearnan College.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil.

5.2 Public Question Time

5.2.1 Leanne Rowe, 403 Stirling Road, Channybearup.

Ms Rowe read from a prepared statement as shown in Attachment 5.2.1(1).

ATTACHMENT 5.2.1(1)

The Shire President responded: I will ensure that the Acting CEO gives you a formal response to that request. I understand the Memorandum of Understanding are still being considered and the Director of Community Services will be engaged. The advice of the Advisory Committee will also be considered.

5.2.2 Ben Enckelman, 31 Pump Hill Road, Pemberton.

Mr Enckelman read from a prepared statement as shown at Attachment 5.2.2(1).

ATTACHMENT: 5.2.2(1)

The Shire President responded: I understand there was miscommunication from the CRC around the consultation and I understand you’ve received a response from Gaye regarding that. The Targa Rally has been going for nearly 20 years and the route does change. From the point of view of your business there has been a Targa Rally every year for at least the last 13 years I’m aware of. You as buyer should understand “Caveat Emptor” or buyer beware applies, and should have realised there would be a Targa Rally event. If you put your request in writing to the Shire we will give it consideration.

The Acting Chief Executive Officer responded: In response to the question, did the Shire supply a stakeholder list, I don’t believe we were requested of one. It has prompted that we need to revisit the processes we use around consultation for events. Targa has been a long standing event, and we may need to review the processes around it.

5.2.3 Kylie Bendotti, 96 Brockman Street, Pemberton.

Ms Bendotti read from a prepared statement as shown at Attachment 5.2.3(1).

ATTACHMENT 5.2.3(1)

The Shire President responded: In response to your first question, I am not aware of any other organisation run similar to the Pemberton Sports Club within the Shire. Pemberton is unique. The review is continuing. The Director of Community Services has indicated that there are ongoing discussions with the review company and that the Pemberton recreation committee will be consulted throughout the process. You can expect communication in the near future to discuss the way forward.

I am a member of the Sports Club and have been since time immemorial. I understand the difficulties our volunteers are facing across the board. Hopefully we’ll get a good outcome from that review. I recommend we allow the process to take its course, and I can guarantee you’ll be consulted before the process is completed.

5.2.4 Colin Crombie, Pemberton.

· The first issue I picked up in the agenda today relates to the power upgrade and field lighting at the Rea Park and Collier Street redevelopment. I am disappointed that the recommendation is to award the contract to a firm outside of the district, in Kalamunda. I note that a local Manjimup firm tendered a lower price. Awarding the contract to a Kalamunda company would be contrary to Council policy in supporting local business.

· On page 63 of the attachments, where Council was looking to buy a Paveline autopatching truck for $508,000. I note the firm selling the truck has gone broke. So Council has to find or cover up $508,000. No doubt that will happen of course. But you say not to so many other organisations requests for assistance, I just wonder what goes on here. No response needed.

The Shire President responded: I’m compelled to give a response. I’ll defer to the Acting CEO to respond to the first part.

The Acting Chief Executive Officer responded: In terms of the assessment and tender processes its is outlined very clearly within the Shire’s policies and the Local Government Act the requirements, that we must standardise the assessment of any tender we receive. The preferential treatment of local contractors, we are allowed by law to allow a percentage in terms of costs. All other things must be equal. The tender has been assessed by 3 staff independently, their recommendation has been made in terms of the scoring, and that’s how its stacked up. This is the recommendation to Council, and Council has the ability to alter that should it see fit to do so. Staff must recommend in accordance with the tender process.

Secondly, in terms of the Paveline truck, the simple fact is the payments have been made, the company has gone into receivership. We are awaiting outcomes in terms of how much we may/may not receive in return. There is no cover up, it is simply a situation where we’ve paid money for a product we won’t be receiving. We must now either decide to maintain the current truck, or find additional funds to purchase a new one in the future.

The Shire President responded: The Shire President noted that the situation with the Paveline truck was devastating, and the Shire will have make the current truck last a bit longer. We will be striving to get back ass much money as possible, but its likely we won’t know the outcome for some time. It’s a matter completely beyond our control.

5.2.5 Dinika Keeble, 30591 South Western Highway, Quinninup.

· My question is in relation to the mill fire in Pemberton. On 9 December 2022, there was a fire at Pemberton Mill. Residents were advised by DFES to close their windows and disconnect their rainwater tanks because of the risk of contamination. Has the Shire of Manjimup received further advice from DFES or any other qualified body regarding how many millimetres of rain and for how long it is required to wash away contaminants before it is formally recognised as safe for residents to reconnect their rainwater tanks?

· My second question also relates to the mill fire. On 18 November 1948, it was reported that State Mills No. 2 and No.3 caught on fire in Pemberton. Water hoses were connected to the water mains but the pressure was so weak the water couldn’t reach the flames. At the time, a bucket brigade was formed to fight the fire. My understanding is that at the time of the mill fire that there were water pressure related issues for the water supply and that residents were also asked to reduce the amount of water they were consuming at the time. What, if anything, is planned for the water pressure in the southern end of town, including the mill area?

The Shire President responded: I believe the fire was on 19 December. I attended the site at 6:15am, and the Mill was well and truly alight. Local brigades and the Shire’s Community Emergency Services Manager were in attendance co-ordinating the brigades. DFES then arrived. The water pressure was good to fight the fire. The area was bunded to contain off-site impacts. A independent study has been done reviewing the outcome of the fire. Samples of dust have been found to be inert. There is now discussion underway as to how best to deal with the asbestos on site. There is an existing asbestos burial on site from around 30 years ago. The Department of Environmental Regulation are in charge, given it is a contaminated site. There are a number of legal issues regarding the site, between the operator and tenants and the operator and the government. The Shire has been working with stakeholders to get an early decision on the disposal of asbestos on site. The asbestos on site was sprayed within days of the fire to seal the fibres. Most of the fibres tested by DFES occurred within 30m of the mill. The only product that floated on the wind was Perspex. An outstanding job was done containing the fire. I have been in contact with Members of Parliament on this issue, but they have appeared disinterested in visiting the site and addressing the issues. Parkside has agreed to clean up the site. As a local government, we understood the risk to the community, and wanted to get the damaged building on the ground as soon as possible. Parkside applied for and received a demolition permit from the Shire within days. The demolition person engaged by Parkside is Rob Moltoni who is well experienced.

Dinika Keeble: Thank you for the update Shire President. But my question relates to the receipt of advice relating to local residents being able to rehook up of their rainwater tanks at this stage?

The Shire President responded: I’ll ask the Acting CEO to respond.

The Acting Chief Executive Officer responded: Through the Shire President, the incident control reverts to DFES in these sorts of matters, and it was DFES who issued the warning for rainwater tanks. This is standard DFES practice. The detailed investigations that followed confirmed that the asbestos contamination was contained within 30m of the mill, and no asbestos escaped the site. The water pressure issue you have raised is a matter for the Water Corporation, and if your not happy with their response, contact the relevant Minister. The Shire will be raising their own issues with Water Corporation.

5.2.6 Julian Sharp, 75 Hawke Road, Yeagarup.

Mr Sharp read from a prepared statement as shown at Attachment 5.2.6(1).

ATTACHMENT 5.2.6(1)

The Shire President responded: With regard to the mining issue, this is a result of a Motion moved at the Annual General Meeting. There are a dozen exploration application, and you need to differentiate between exploration and mining. Does the Shire throw a whole lot of resources at an issue to do with exploration? Or do we wait for a mining application? I strongly believe it is DMIRS (Department of Mines, Industry Regulation and Safety) responsibility to communicate with the community. The cost to the Shire to communicate every single exploration permit to every person around it would be prohibitive. There are no mines in the Shire of Manjimup and there are a number of significant exploration permits that have shown significant sulphides to the north west and north east of Manjimup and into the Bridgetown Shire as well. I believe all the question you have asked have been answered satisfactorily by staff. If it were a mining application, the Shire would be communicating with the local community and we would object if there were grounds for objection.

In regards to the dam, two Councillors are members of the Warren-Donnelly Water Advisory Committee and so are you I understand. I have heard rumours the dam may be 12 gigalitres. I agree with you, the dam is high risk and I have raised the issue with the Regional Manager of DWER in relation to Four Mile being at the top of Big Brook and the town water supply, and the response I received was that all the boxes had been ticked to get the go ahead. I have been to see the dam site. I though it would be nearly finished, but it is likely that work will carry on for a number of years. I encourage you to investigate the dam and the issues around it. These matters need to be raised with the local members of Parliament. We have no authority under the Local Government Act to tell the Department of Water what to do. I do understand your concerns though.

Cr Dawson Vidovich: To return to Mr Sharp’s questions around the phrasing in the mining tenements report, could the Acting CEO explain what those valid grounds are for the benefit of Mr Sharp and the Gallery?

The Acting Chief Executive Officer responded: The impact of mining exploration is vastly different to that of a mining lease or a formal mining proposal. In a number of cases, it is simply test boreholes that are being dug that have very little impact in terms of clearing, and the helicopters with the magnetic ring flying above. Therefore, there is very little impact on the ground at that point. Should it move past that point and move into a mining proposal, other legislation kicks in including a Public Environmental Review (PER) where environmental impacts are assessed at a State level, and potentially the Federal level. Apologies if this wasn’t clear in the report.

It is up to DMIRS and elected members to advocate for a legislative review and change to the consultation requirements at a State level, to ensure that a adequate level of public consultation occurs. It is impossible for the Shire as a local authority to know what the findings of an exploration is going to be. In some cases the mining tenements are quite large. The impacts are going to be very different as are the people who could be impacted by it. Until such time as there is a formal mining proposal, the Shire’s role is quite limited.

5.2.7 Pauline Hewitt, 13013 Dachet Road Crowea.

· I’m here on behalf of Southern Forest Wildlife, and I’m here to talk about the mine.

· Noted that there are a few Wildlife carers in the South West.

· DPaW, the government and the EPA have a role in assessing these mining proposals, and they put forward the rules when companies are exploring. There is a split view on mining in the community.

· Should there be more mining in forests, this poses a risk to the wildlife in the forests.

· I agree, the Shire should be sending out letters to landowners. It would be better if DMIRS contacted people electronically to advise them of mining matters in their area.

· I disagree that there is not a place for the Shire to not be informing us. We work as volunteers for DPaW, who operate on a small budget of $500 million dollars per year to look after wildlife. People like me step up and help when we can. We aren’t skilled at going on the DMIRS website and looking up information on mining. It would be helpful us if the Shire could show us where the mining exploration licences are. Animals will be affected.

· While exploration seems like a minimal risk for wildlife, it is a risk for volunteers who are working in those areas. The people who are able to inform us of what’s going on in this regard is the Shire.

· Requested Councillors to support the Motion moved by Mary Nixon at the Annual Electors Meeting.

· Support the Shire’s advocacy for review of the Mining Act to improve public consultation processes.

The Shire President responded: We will be supporting the community when it comes to mining leases. Encourage people to use Antenno as a means to feedback to Council.

5.2.8 William French, 1378 Channybearup Road, Channybearup.

· We are ratepayers in the Manjimup Shire. We are also ratepayers on Old Vasse Road. Is there any update on the sealing of Old Vasse Road?

The Shire President responded: Yes there are. I’ll refer to the Director of Works. We have received funding from the main Roads Department which is match by the Shire.

The Director Works and Services responded: Sealing of the Hawke Road intersection is programmed for this construction period. Pending weather or any other delays, we intend to have the intersection sealed this year. The rest of the sealing is ongoing.

The Shire President responded: We can’t do the sealing in one hit. It would be good if Parks and Wildlife contributed. There has been an argument that part of the road should belong to them anyway. There’s only so much money we have for roads. We spend millions on roads every year. Your local Councillors have been agitating to get work done on Old Vasse Road for some time. Thanks for your comments.

5.2.9 Mary Nixon, Paul Road, Wilgarrup.

Ms Nixon read from a prepared statement as shown at Attachment 5.2.9(1).

ATTACHMENT: 5.2.9(1)

The Shire President responded: If you want to have a look at the agreement between the developer and the Shire it is available in the Shire Minutes. The developer now owns multiple sites within the Manjimup townsite. His plans are to produce 400 beds in Manjimup in the next 5 years, as he sees the potential of our town. The Warren Way Caravan park has also changed hands, and the new owners are now working with Shire staff to maximise the number of units they have out there. We can suggest to the developer that they set aside some units for tourists but we cannot legally prevent that. I understand and support your sentiment, but it would be difficult to make a private operator abide by it. Ill ask the Acting CEO to talk about the deed of understanding between the Shire and developer.

The Acting Chief Executive Officer responded: There’s a lot of speculation there. I have met with the developer on numerous occasions, the target market is bus-style tours. Its consistent with the tourist accommodation that the developer currently runs in the Perth metropolitan area and the markets he’s identified in Singapore and other South East Asian countries. The additional accommodation the developer is proposing on Pritchard Street and Narocki Way is to provide affordable workers accommodation. Noted the impact Talison has had on accommodation in the area. The Shire cannot regulate who the developer accommodates on their property. The hotel site at 80 Rose Street is aimed at tourists. I advise that everyone reserve judgement until such time as the development is completed. The unit fitout is brilliant. Materials availability to complete the job is an issue.

6. PRESENTATIONS:

6.1 Petitions: Nil.

6.2 Presentations: Nil.

6.3 Deputations:

6.3.1 Deputation was presented by Gaye Van Hazendonk. Mrs Hazendonk read from a prepared statement as shown at Attachment 6.3.1(1).

ATTACHMENT: 6.3.1(1)

6.4 Delegates’ reports: Nil.

6.5 Conference reports: Nil.

7. CONFIRMATION OF MINUTES:

Moved: Dawson Vidovich, S Seconded: Taylor, R

29063

That the Minutes of the Ordinary Meeting of the Council held on 2 March 2023 be confirmed.

CARRIED: 10/0

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

9. COUNCIL OFFICERS’ REPORTS:

9.3.1	Request to Change the Basis of Rating for New Lots Created Greenland Estate Pemberton, Unimproved Value to Gross Rental Value
9.3.2	Council Financial Payments for February 2023
9.3.3	Local Government Compliance Audit Return 1 January 2022 to 31 December 2022
9.3.4	Monthly Financial Activity Statement - January 2023
9.5.1	Proposed New Dwelling/Existing Dwelling to Change to Ancilliary Accommodation at Lot 7695 (283) Mitchelldean Road, Yanmah
9.5.2	Proposed Ancillary Accommodation at Lot 8707 (237) Caesia Road, Meerup
9.5.3	Proposed Overheight Outbuilding at Lot 338 (12) Sheoak Street, Walpole
9.5.4	Proposed Short Stay Accommodation - Four Cabins/Chalets at Lot 7489 (No 107) Burma Road, Pemberton
9.5.5	Proposed Building Envelope Variation for Dwelling - Single on Lot 218 (75) Karri Street, Walpole
9.5.6	Proposed New Kindergarten and Pre-Primary Classrooms - Lots 208, 209 and 210 Leman Street, Manjimup
9.5.7	Public Notifications Regarding Applications for Mining Tenements
9.7.1	Application to Keep More Than Two Dogs at Lot 252 (65) Karri Street, Manjimup
9.9.1	Proposed Award of Tender RFT 04-22 Power Upgrade & Field Lighting, Rea Park & Collier Street Redevelopment
9.13.1	Proposed Budget Amendment for Wheatley Coast Road Reconstruction of Road Section SLK 11.10 to 11.70
9.15.1	Unconfirmed Minutes of the Audit Committee Meeting Held 2 March 2023
9.16.1	Unconfirmed Minutes of the Reconciliation Action Plan Advisory Committee Meeting Held 24 February 2023
9.16.2	Proposed Nominations for the Pemberton Town Activation Advisory Committee

ATTACHMENT

9.3.2 Council Financial Payments for February 2023

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	ALL
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Susan Lee
DATE OF REPORT:	3 March 2023
DECLARATION OF INTEREST:	Nil

Background:

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

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Accounts for payment totalling $1,718,792.62 for the month of February 2023 are listed below and in the attachment. This figure includes $7,261.42 Corporate Card transactions for January 2023, also detailed below.

ATTACHMENT: 9.3.2(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 23 March 2023.

Fund	Vouchers	Amount
Municipal	95228 – 95249	$166,892.47
Trust Fund	-	$0.00
Total Cheques for Month of February 2023		$166,892.47

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 23 March 2023.

Fund	Batch	Amount
Municipal	244 – 249	$1,521,617.98
Direct Debit		$30,282.17
Total EFT for Month of February 2023		$1,551,900.15

Corporate Credit Card transactions 21 December 2022 – 20 January 2023 (paid 2 February 2023) – Municipal Account

570.1346	Starlink Satellite subscription Windy Harbour 22/12/22 - 21/01/23	$143.17
575.1101	NDIS worker Screening check DCS	$145.00
680.1133	Westnet invoice: 134841675 Annual charge for Westnet Static Ip Address 01/01/23 - 01/01/24 Walpole Library	$55.00
680.1133	Westnet Invoice 134841675: Internet Services 01/01/23 - 01/02/23 Walpole Library	$89.95
98.1410	Westnet Invoice 134841675: Internet Services 01/01/23 - 01/02/23 Manjimup SES	$79.99
83.1410	Westnet Invoice 134841675: Refund of IO Broadband 16/11/22 - 01/01/23 Northcliffe BFB	-$74.05
14.1317	CBT Nuggets IT Training 15/01/23 - 15/01/24	$3,029.33
2.1190	Accommodation Dingup House Cr Willcox 10/01/23	$189.63
6.1392	CEO - Renewal Standard Graduate to 31/12/23	$620.00
4.1221	Adobe Creative Cloud 12/01/23 - 11/02/23	$79.99
6.1392	Economic Development Australia - Professional Membership CEO	$455.40
790.1148	Court Hearing notice Lodgement - Becker St Verge Tree	$166.30
2271.1224	Manjimup Gateway Hotel - Accommodation - Contract Grader Operator 05-17/01/23	$1,820.01
688.1101	Manjimup Newsagency - AC copy paper	$19.95
788.1319	Peel Harvey Catchment Council - WA Feral Cat Symposium - Senior Ranger 1	$441.75
Total Credit Card Payments for January 2023 $7,261.42

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As stated.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council note the February 2023 accounts for payment totalling $1,718,792.62 including the Corporate Credit Card transactions for January 2023 of $7,261.42 as detailed and in the Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Jenkins, D

29065

CARRIED: 10/0

ATTACHMENT

9.3.3 Local Government Compliance Audit Return 1 January 2022 to 31 December 2022

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F170049
LEGISLATION:	Local Government Act 1995
AUTHOR:	Craig Martyn
DATE OF REPORT:	9 March 2023
DECLARATION OF INTEREST:	Nil

Background:

Each Local Government is required to carry out a Compliance Audit Return (CAR) for the period 1 January 2022 to 31 December 2022.

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

Regulation 14 of the Local Government (Audit) Regulations 1996 requires the local government’s Audit Committee review the CAR and report the results to the Council, prior to adoption by Council and submission to DLGSCI by 31 March 2023. On the 2 March 2023 the Shire of Manjimup Audit Committee were presented with and endorsed the findings contained within the CAR. The minutes of that meeting will be presented as a separate item.

A copy of the CAR for the Shire of Manjimup for the period 1 January 2022 to 31 December 2022 is attached.

ATTACHMENT: 9.3.3 (1)

The purpose of this agenda item is for Council to consider adopting the proposed 2022 Compliance Audit Return.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The 2022 CAR was available to local governments in January 2022 via email from the DLGSCI. The DLGSCI communication portal previously used is undergoing maintenance and as a result the document format has varied from previous years.

The various questions are distributed amongst relevant staff with their responses collated to form the 2022 CAR.

The 2022 CAR contained 94 items, including 9 optional questions, with no items of non-compliance, or 100% compliance.

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

	2021 Compliance Return		2022 Compliance Return
Section	Number of Items	Number of Non-Compliant Items	Number of Items	Number of Non-Compliant Items
Commercial Enterprises by Local Government	5	0	5	0
Delegation of Power/Duty	13	0	13	0
Disclosure of Interest	25	0	21	0
Disposal of Property	2	0	2	0
Elections	3	0	3	0
Finance	7	0	7	0
Integrated Planning and Reporting	3	0	3	0
Local Government Employees	6	0	5	0
Official Conduct	3	0	4	0
Optional Questions	9	0	9	0
Tenders for Providing Goods and Services	22	1	22	0
Totals	98	1	94	0
% non-compliance		1%		0%

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

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

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

Organisational risk management:

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

Financial Implications:

Nil

Sustainability:

Environmental: Nil.

Economic: Nil.

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the 2022 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2022 to 31 December 2022 as provided in attachment: 9.3.3 (1).

COUNCIL RESOLUTION:

Moved: Jenkins, D Seconded: Dawson Vidovich, S

29066

That Council adopt the 2022 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2022 to 31 December 2022 as provided in attachment: 9.3.3 (1).

MOTION carried 7/3

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

ATTACHMENT

9.3.4 Monthly Financial Activity Statement - January 2023

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:	13 March 2023
DECLARATION OF INTEREST:	Nil

Background:

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

· Annual budget estimates;

· Estimates to end of month;

· Actual expenditure;

· Actual income;

· Material variances; and

· Net current assets.

The Financial Activity Statement report for the period to 31 January 2023 is attached. The report is summarised by Function/Activity with operating comments via department. The report also provides a Rate Setting Statement and Statement of Comprehensive Income in the Type format in anticipation of changes to monthly reporting requirements proposed by the Department of Local Government.

ATTACHMENT: 9.3.4 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 January 2023 is a projected profit of $47,660.

The projected profit is based on a conservative approach, however monitoring for possible issues will continue as the Shire progresses through the financial year.

There has been one significant issue come to light in the January 2023 being the purchase of the Paveline Auto Patching Truck. The Patching Truck is a major purchase at $508,000 and is funded from the Plant Replacement Reserve and the trade of the old unit. Due to the truck’s specialist nature it is built over time with the original order being placed in December 2021. Part of the purchase contract were milestone payments of 25% at a time with 75% of the unit paid for being $376,617.

In January 2023 Shire Officers were advised that Paveline International had gone into voluntary liquidation. A Proof of Debt has been completed and lodged with liquidators however at the time of producing this report there is no indication of the level of refund the Shire will receive. The liquidators initial report on the company indicated that the Shire would get very little return on the 75% paid.

One moderate issue that is unlikely to be rectified by the 30 June 2023 is Power Up Electricity Museum Income. Whilst we are now entering the period of higher use, a comparison of income to a pro rata of the year-to-date budget shows entry fees $40,000 behind budget, a conservative projection to the 30 June 2023 would show a loss of $75,000.

A positive issue to date is Interest on Bank Accounts, to the 31 January 2023 actuals were $164,225 with a whole year budget of $60,000, in comparison only $28,913 was received for the entire 2021/22 financial year. It is expected that the rate of interest generated will slow as we progress through the year with money being expended, however a conservative projection should see $130,000 of additional income.

Development activity accounts again have shown strong performance in January. Planning Fees and Building Fees have jumped to $23,818 ahead of the year-to-date budget, however a projection of additional income has not been calculated as this continued elevated activity cannot be guaranteed.

Other than the purchase of the Paveline Truck and entry income at the Power Up Electricity Museum, no major discrepancies have come to light in the first seven months after adopting the 2022/23 budget. The level of loss from the purchase of the Paveline Truck will be known in the next few months however strategies will need to be put in place and future plant purchases prioritised to cover the loss.

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

Officer Recommendation:

That Council receive the Monthly Financial Activity Statement Report for January 2023 as per Attachment: 9.3.4(1).

COUNCIL RESOLUTION:

Moved: Dawson Vidovich, S Seconded: Jenkins, D

29067

That Council receive the Monthly Financial Activity Statement Report for January 2023 as per Attachment: 9.3.4(1).

MOTION carried 7/3

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

ATTACHMENT

9.5.1 Proposed New Dwelling/Existing Dwelling to Change to Ancillary Accommodation at Lot 7695 (283) Mitchelldean Road, Yanmah

PROPONENT	Ms C Streat
OWNER	Ms C Streat
LOCATION / ADDRESS:	Lot 7695 (283) Mitchelldean Road, Yanmah
WARD:	North
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P52470 DA23/13
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Karleha Brown
DATE OF REPORT:	27 February 2023
DECLARATION OF INTEREST:	Nil

Background:

The subject property is 41.15 hectares and located approximately 14km west of the Manjimup town site. The property is predominantly pasture cleared of native vegetation. A location plan of the subject property is shown below.

Location Plan

Diagram

Description automatically generated

A planning application has been received seeking approval to a new dwelling and to change the use of the existing dwelling on Lot 7695 (283) Mitchelldean Road, Yanmah to Ancillary Accommodation. The existing dwelling is a four-bedroom, one bathroom dwelling that has an approximate floor space of 155m², located 153m from the southern boundary.

The proposed new dwelling is a four-bedroom, three-bathroom home with a floor area of approximately 450m². It is proposed the new dwelling will be setback 85m from Mitchelldean Road, approximately 340m away from the existing dwelling. A copy of the plans submitted with the application are provided attached.

ATTACHMENT: 9.5.1(1)

Council is requested to determine the application given that approval will require a relaxation of requirements relating to floor area and separation distances as outlined in Local Planning Policy 6.1.8 - Ancillary Accommodation (the Policy).

PUBLIC Consultation Undertaken:

The proposal was referred to the adjoining neighbours for comment for a period of 21 days. During this period no comments were received.

COMMENT (Includes Options):

The provisions of the Shire of Manjimup Local Planning Scheme No 4 (the Scheme) include the subject land within the Priority Agricultural Zone. In accordance with the provisions of the Scheme, Council is required to exercise its discretion and consider all relevant planning matters outlined in the Scheme and Policy prior to determination of the proposal.

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

Matters to be considered

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

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

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

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

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

Zone Purpose and Objectives

The purpose of the Priority Agriculture Zone is to provide for sustainable use of high-quality agricultural land with the objective to enhance the agricultural viability of the land and protect the rural infrastructure and land resource.

Setbacks

The Scheme requires all development within a priority agricultural zone to be setback 30m from the front and rear boundary and 10m from all side boundaries. The existing house is setback 170m from southern boundary, approximately 400m from Mitchelldean Road.

The plans demonstrate the new main dwelling to be setback 80m from Mitchelldean Road. Both the new dwelling and the proposed Ancillary Accommodation meet the setback requirements for the Zone.

Policy Assessment

The purpose of the Policy is to support the effective provision of accommodation and/or care of aged/dependant person in a family environment within the Shire. It guides the assessment process for applications in areas where the Residential Design Codes of Western Australia does not apply.

In terms of Rural land within the Shire, the objectives of the policy seek to protect the economic viability of the general farming areas and retain the rural character. Consistent with this, the policy outlines the requirement for the Ancillary Accommodation to be clustered in close proximity to the main dwelling to ensure the agricultural vitality of rural pursuits are not impacted upon. The Ancillary Accommodation is also to be of a subsidiary size to the main dwelling to ensure it remains ancillary.

In this case, the applicant seeks to change the use of the existing dwelling on the property to Ancillary Accommodation. The parents of the applicant are to reside in the accommodation to assist in managing the subject property. The existing dwelling is approximately 155m², being greater than the maximum 100m² floor area required in the Policy. That said, if approved, the Ancillary Accommodation will only be 35% of the size of the proposed dwelling, ensuring that is it clearly subsidiary to the main dwelling, consistent with the intent of the policy.

To ensure a relationship between a dwelling and Ancillary Accommodation and distinguish the development from that of grouped dwellings, the Policy identified that Ancillary Accommodation should be established in close proximity to the primary residence. The Policy recommends a maximum distance of 50m, identifying that Council will only be prepared to consider a greater separation where the need is demonstrated.

In this case, the applicant stated that the proposed location of the dwelling was selected due to site conditions surrounding the existing dwelling such as an existing spring, biosecure farmland and overhead power lines.

Amenity

With the proposed new dwelling to be setback 85m from Mitchelldean Road, no impacts on the amenity of the area are anticipated.

As the proposed dwelling is located in an agricultural area, the occupants of the dwelling may from time to time be impacted on by activities on adjacent land. In order to minimise the potential for such impacts, clause 5.34.2.4 of the Scheme requires that (with the exception of a single dwelling) development for non-agricultural purposes should be setback a minimum of 100m from intensive agriculture purposes. The proposed dwelling location complies with this requirement.

Conclusion

The proposed development will allow the owners parents to reside on-site, assisting in the management of the property. It is considered that retaining the existing dwelling and establishing a new dwelling on the property will not cause an impact on the rural activities currently established on the neighbouring properties.

Having regard to the applicant’s justification for the new dwelling’s location it is recommended that Council vary the Policy requirements and grant conditional approval.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

The required application fee has been paid in accordance with the Schedule of Fees and Charges adopted as part of the 2022/23 annual budget.

Sustainability:

Environmental: Nil.

Economic: Additional housing in the Shire of Manjimup will increase population and benefit our local economy.

Social: Approval to the proposed change of use for the existing dwelling will ensure that the owners parents are able to continue to reside on the property.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants approval to the proposed New Dwelling and to a change of use for the Existing Dwelling to be used as Ancillary Accommodation at Lot 7695 (283) Mitchelldean Road, Yanmah (Application TP16/2023) in accordance with the plans and specifications shown at ATTACHMENT: 9.5.1(1), 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.

Reference	Document Title	Date Received
1	Existing Dwelling	27 January 2023
2	Site Plan	27 January 2023

2. An on-site potable water supply not less than 135,000 litres storage capacity shall be provided on the site and connected to the development prior to occupation of the building and to the satisfaction of the Shire of Manjimup;

3. This Development Approval shall not be viewed as providing a basis for subdivision of the land to create a separate title for the new or existing dwellings and any such proposal will not be supported by Shire of Manjimup; and

4. Unless otherwise approved the existing dwelling shall be occupied for aged/dependant persons associated with the occupiers of the new primary dwelling.

Advice to Applicant:

a. This Development Approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works. (Land clearing to facilitate development and BAL report is permitted);

b. The development the subject of this planning approval, must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911;

c. With respect to condition 2), access shall be permitted to domestic water supplies for emergency fire fighting purposes and to facilitate this, the tank is to be fitted with standard fire fighting couplings (50mm or 100mm male camlock coupling with full flow valve) in accordance with Department of Fire and Emergency Services requirements, to enable fire fighting appliances to draw water. The valve shall be fitted so as to leave 15,000 litres capacity of water in the tank.

d. Firebreaks and low fuel zones are to be installed and maintained to the satisfaction of the Shire of Manjimup around all boundaries and buildings on the subject property, in accordance with the requirements of the Annual Shire Firebreak Notice endorsed by Shire of Manjimup; and

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

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Taylor, R

29068

Reference	Document Title	Date Received
1	Existing Dwelling	27 January 2023
2	Site Plan	27 January 2023

4. Unless otherwise approved the existing dwelling shall be occupied for aged/dependant persons associated with the occupiers of the new primary dwelling.

Advice to Applicant:

b. The development the subject of this planning approval, must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911;

CARRIED: 10/0

ATTACHMENT

9.5.2 Proposed Ancillary Accommodation at Lot 8707 (237) Caesia Road, Meerup

PROPONENT	D’Entrecasteaux Drafting & Design
OWNER	Mr G A & Mrs P L Horlock
LOCATION / ADDRESS:	Lot 8707, 237 Caesia Road, Meerup
WARD:	Coastal
ZONE:	Rural Small Holdings
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P53937 DA22/227
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Karleha Brown
DATE OF REPORT:	2 March 2023
DECLARATION OF INTEREST:	Nil

Background:

The subject property is 51.95 hectares and located approximately 5km west of the Northcliffe town site on the corner of Caesia and Tattenham Roads, Meerup. The property is predominantly pasture with a small pocket of native vegetation that projects toward the middle of the property, off Caesia Road. A location plan of the subject property is shown below.

Location Plan

A screenshot of a computer

Description automatically generated with medium confidence

The applicant is seeking to establish a two bedroom, one bathroom self-contained Ancillary Accommodation to be occupied by the landowner’s daughter who works on the property. The dwelling has been designed with a 2.4m wide veranda to the north and a 3.3m wide carport along the southern face of the building. The enclosed footprint of the building is 70m².

The separation distance between the existing dwelling and the proposed Ancillary Accommodation is not consistent with the requirements set out under Local Planning Policy 6.1.8 Ancillary Accommodation and therefore requires consideration by Council.

A copy of the submitted application and supporting information is shown attached.

ATTACHMENT: 9.5.2(1)

PUBLIC Consultation Undertaken:

The proposal was referred to the adjoining neighbours for comment for a period of 21 days. During this period no submissions were received.

COMMENT (Includes Options):

The provisions of the Shire of Manjimup Local planning Scheme No 4 (the Scheme) include the subject land within the Rural Small Holdings Zone. In accordance with the provisions of the Scheme, Council is required to exercise its discretion and consider all relevant planning matters outlined in the Scheme and Policy prior to determination of the proposal.

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

Matters to be considered

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

(iii) any approved State Planning Policies of Commission;

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

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

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

Zone Purpose and Objectives

The purpose of the Rural Small Holdings Zone is to “provide for rural lifestyle opportunities in strategic locations consistent and compatible with adjacent land use activity, landscape and environmental attributes of the land.” Consistent with the purpose of the zone, the Scheme encourages innovative design and the clustering of built development to minimise the impacts on the adjacent land and provide for the ongoing use of land for rural pursuits.

Setbacks

As prescribed by clause 5.34.2.4 of the Scheme, development within the Rural Small Holdings Zone is required to be setback from boundaries as follows:

(a) Minimum front setback – 20 metres; and

(b) Minimum side setback – 10 metres;

Plans submitted with the application indicate that the ancillary accommodation will be setback 40m from Caesia Road and 85m from Tattenham Road and 493m from the adjoining property boundary of Lot 8706 Tattenham Road.

Policy Assessment

Local Planning Policy 6.1.8 - Ancillary Accommodation (the Policy) outlines the Shire’s requirements for Ancillary Accommodation where provisions of the Residential Design Codes of Western Australia do not apply. The policy prescribes requirements to ensure the ongoing viability of farming areas whilst supporting proposals for the effective provision of ancillary accommodation.

In order to ensure Ancillary Accommodation is located relative to the main residence and potential impacts are minimised, the Policy recommends the clustering of development and identifies that Ancillary Accommodation should be located not more than 50m from the Primary Dwelling where the property is over 40 hectares in size. In accordance with the Policy, Council can support a separation distance greater than the requirements of the Policy, where the need for such separation can be demonstrated i.e. site characteristics.

The development is proposed to be located in the northwest corner, 85m west of the main dwelling. The applicant has stated that the proposed location of the Ancillary Accommodation was chosen due to:

a) it being in close proximity of an established dam, accessing water for household use and overhead power lines for power supply;

b) site and soil conditions being favourable in this location for the construction of the building, minimising site works; and

c) the location of existing farm infrastructure used to raise sheep and goats in close proximity of the existing dwelling to allow close supervision of their stock.

Although separated at a greater distance than that required by the Policy it is considered that in this location the development is clustered in a similar location, consistent with the intent of the Policy.

The Policy also requires Ancillary Accommodation to be subsidiary to the main dwelling. In this instance as the main dwelling is approximately 285m², the proposed 70m² Ancillary Accommodation unit complies with this aspect of the policy.

Bush Fire Prone Area

The subject property has been identified as being in a designated bush fire prone area. The applicant has had a Bushfire Attack Level (BAL) Assessment undertaken by an accredited BAL Assessor, who has determined the BAL rating for the property to be BAL 12.5. The proposed Ancillary Accommodation is required to be built in accordance with the Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” and the BAL assessment.

To reduce the fire risk on the property, the landowner is also required to install and maintain firebreaks and low fuel zones around the proposed Ancillary Accommodation, existing buildings including property boundaries in accordance with the Shire of Manjimup’s Annual Firebreak Notice.

Impact on Amenity

The proposed Ancillary Accommodation is setback at a greater distance from both Tattenham and Caesia Roads than required by the Scheme. The purpose of the Ancillary Accommodation and its relationship to the main dwelling and farming operation will ensure that the development will be in keeping with existing rural pursuits on the subject and neighbouring properties.

Conclusion

It is considered that the proposed Ancillary Accommodation meets the objectives of the Scheme and the Policy. The accommodation is located in a similar location to the existing dwelling and is proposed to be occupied by a dependant person of the main dwelling to assist in the general day-to-day operations of the farm.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

As detailed in Comment Section above.

Organisational risk management:

Nil.

Financial Implications:

The required application fee has been paid in accordance with the Schedule of Fees and Charges adopted as part of the 2022/23 annual budget.

Sustainability:

Environmental: Nil.

Economic: Additional housing in the Shire of Manjimup will increase population and benefit the Northcliffe and surrounding economy.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grant approval to the proposed Ancillary Accommodation (Application TP8/2023) at Lot 8707 (237) Caesia Road, Meerup in accordance with the plans and specifications shown at Attachment: 9.5.2(1), subject to the following conditions:

Reference	Document Title	Date Received
A000	Site Plan	7 February 2023
A100	Floor Plan	19 December 2022
A200	Elevation Plan	19 December 2022

2. This approval to establish Ancillary Accommodation on the subject land shall not be viewed as providing a basis for subdivision of the land to create a separate title for the Ancillary Accommodation and any such proposal will not be supported by Shire of Manjimup;

3. An on-site potable water supply not less than 135,000 litres storage capacity shall be provided on the site and connected to the development prior to occupation of the building to the satisfaction of the Shire of Manjimup;

4. All habitable buildings are to be constructed in accordance with the Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup; and

5. Firebreaks and low fuel zones are to be installed and maintained to the satisfaction of the Shire of Manjimup around all boundaries and buildings on the subject property, in accordance with the requirements of the Annual Shire Firebreak Notice endorsed by Shire of Manjimup.

Advice to Applicant:

b. Further to condition 3, the applicant is advised that access shall be permitted to domestic water supplies for emergency firefighting purposes;

c. The development the subject of this planning approval, must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911; and

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

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

29069

Reference	Document Title	Date Received
A000	Site Plan	7 February 2023
A100	Floor Plan	19 December 2022
A200	Elevation Plan	19 December 2022

Advice to Applicant:

b. Further to condition 3, the applicant is advised that access shall be permitted to domestic water supplies for emergency firefighting purposes;

c. The development the subject of this planning approval, must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911; and

CARRIED: 10/0

ATTACHMENT

9.5.3 Proposed Overheight Outbuilding at Lot 338 (12) Sheoak Street, Walpole

PROPONENT	Mr G P & Mrs M D Delfante
OWNER	Mr G P & Mrs M D Delfante
LOCATION / ADDRESS:	Lot 338 (12) Sheoak Street, Walpole
WARD:	South
ZONE:	Residential Zone (R10)
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA23/6; P53071
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts/Brian Robinson
DATE OF REPORT:	2 March 2023
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to determine a development application for the construction of an ‘Over height Outbuilding’ at Lot 338 (12) Sheoak Street, Walpole. Site and development plans are attached.

ATTACHMENT: 9.5.3 (1)

Location Plan

Diagram

Description automatically generated with medium confidence

The subject land is located on the southern side of Sheoak Street within the Boronia Ridge Estate, Walpole and has an area of 900m². It currently contains a dwelling with attached carport and an existing outbuilding.

The proponent is proposing to replace the existing carport with a 52m² outbuilding being 10m by 5.2m with a wall height of 4m and a ridge height of 4.46m having 1m setbacks from the side of the existing dwelling and the side boundary. Details in support of the application indicate that the outbuilding is to be of steel clad, steel framed construction being Colorbond® Basalt in colour. The proposed outbuilding will be used to house a boat.

Council is requested to consider the application as approval to the application involves a relaxation of the maximum wall height provided for in Local Planning Policy 6.1.3 – Outbuildings and Scheme provisions relating to outbuilding design applicable to the Boronia Ridge Residential Estate.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 21 day period to the adjoining landowner. No response was received during the submission period.

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme) include the land within the Residential Zone with an applicable density of R10 as per State Planning Policy 7.3 Residential Design Codes Volume 1 (the R-Codes). In addition, the Scheme includes the subject land within Planning Precinct Walpole 1 – Boronia Ridge Residential Estate (WP1).

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

Matters to be Considered

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

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

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

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

(xv) the 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, bulks, scale, orientation and appearance of the proposal; and

(xxvi) Any relevant submissions received on the application.

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

Land Use Classification

The proposed outbuilding structure constitutes a domestic outbuilding which is defined by the R-Codes as:

“An enclosed non-habitable structure that is detached from any dwelling.”

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

Planning Precinct WP1

Walpole Planning Precinct No 1 relates to residential lots located on the southern side of the South Western Highway west of Walpole, within what is commonly known as the Boronia Ridge Estate. Within Schedule 8 of the Scheme, a number of special provisions are outlined for Planning Precinct WP1, including the following provisions that are relevant to the application:

(iii) Materials for residences and outbuildings or other improvements (including but not limited to an alteration or addition to a residence or improvement) shall be of materials other than zincalume or any other reflective material;

(iv) Carports and Garages not located under the main roof of the residence shall be constructed of materials which match or complement the existing residence in respect of roof pitch, materials used, the design, colour and external appearance.

(ix) No residence or any part of a residence, or any other building (or part of any other building), shall be built on land which is outside of the building envelope shown in the endorsed structure plan.

(x) No rainwater run off from hard paved areas on the lot or roof shall be permitted or allowed to flow directly onto neighbouring lots or public open space so as to cause erosion damage or inconvenience.

The clear majority of residential lots within the Boronia Ridge Estate were created following an amendment of then Town Planning Scheme No 2, which was gazetted in May 1996. Notwithstanding this, lots fronting Jarrah Road and Sheoak Street (including the subject land) existed prior to this time. In the case of the subject land, a building permit was issued for the home and shed in 1983, with alterations to the home including the addition of a carport in 1989. Development of the property therefore occurred well before the introduction of Scheme provisions relating to WP1.

As a result, the existing dwelling and shed were not designed to comply with current scheme or Local Planning Policy requirements. No building envelope applies and both structures have a reflective metal roof. Given this the proposed Colorbond® shed will not be consistent with the materials used, design, colour or external appearance of the existing residence as required by special provision (iv) as stated above. Approval to the application may therefore only be granted through a relaxation of the scheme provisions.

Local Planning Policies

Two Shire Local Planning Policies are relevant to the current application, being:

a) LPP 6.1.3 – Outbuildings; and

b) LPP 6.1.15 – Boronia Ridge Estate Development Standards.

An assessment of the proposal against the Local Planning Policies is provided overleaf.

LPP 6.1.3 – Outbuildings

The proposed outbuilding complies with all development standards identified within the Policy except for the specified maximum wall and ridge heights. The Policy provides for wall heights of 3.0m and a ridge height of 4.2m, but permits a variation of up to 10% (i.e. a wall height of 3.3m and a ridge height of 4.62m).

Whilst the proposed ridge height 4.46m is within the allowed 10% variation, the proposed wall height of 4.0m and can only be granted through a variation to the Policy.

LPP 6.1.15 – Boronia Ridge Estate Development Standards

The purpose of this policy is to provide the minimum residential development standards applicable to the Boronia Ridge Estate. As outlined by the Policy, roofing materials “should be in keeping with the natural elements of the landscape such as earth/sandy, neutral/grey or bush green/blue hues.” The policy highlights that zincalume is not permitted, and metal roofing should be guided by a number of Colorbond® colours.

With respect to the proposed Basalt colour, although this colour is not specifically listed within the policy, it is very similar to Woodland Grey and Ironstone, which are colours endorsed by the policy. The proposed colours are therefore considered to be compliant with the requirements of LPP 6.1.15.

Setbacks

The proposed outbuilding is to be setback 1.0m from the left boundary, 13.8m to the rear, 16.6m to the right side and 16.5m to the front boundary. The proposed shed is also to be setback 1.0m from the side of the dwelling. The proposed setbacks meet the Deemed-to-comply provisions of the R-Codes relating to an outbuilding.

Impact on Amenity

Being setback 16.5m from the front boundary, vision of the outbuilding will be limited and the structure will not appear as significant in the streetscape. Given this and the fact that the adjacent landowner has not raised any objections to the proposal, conditional approval is recommended.

Conclusion

Whilst the proposed wall height exceeds the maximum height requirements as identified by Local Planning Policy 6.1.3 – Outbuildings, no detrimental impact on the amenity of the adjacent land is anticipated given the proposed outbuildings location on the property and setback to Sheoak Street. Given this and the fact that no objections to the proposal were received in response to the consultation process, it is recommended the application be conditionally approved.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

The development application fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with clause 5.5 vary the Scheme provisions relating to construction appearance and grant development approval under Part 10 of Shire of Manjimup Local Planning Scheme No. 4 for the proposed Overheight Outbuilding at Lot 338 (12) Sheoak Street, Walpole (Application TP7/2023) in accordance with the plans and specifications shown in Attachment 9.5.3 (1) and subject to the following conditions and advice:

1. The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup;

Reference	Document Title	Date Received
1.	Site Plan	30 January 2023
2.	Elevations – Outbuilding	30 January 2023

2. The outbuilding being used for domestic purposes, storage, garaging of vehicles or other approved purposes associated with the property, excluding human habitation or commercial activity; and

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

Advice to Applicant

a) The 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.

COUNCIL RESOLUTION:

Moved: Willcox, J Seconded: Lawrence, K

29070

Reference	Document Title	Date Received
1.	Site Plan	30 January 2023
2.	Elevations – Outbuilding	30 January 2023

2. The outbuilding being used for domestic purposes, storage, garaging of vehicles or other approved purposes associated with the property, excluding human habitation or commercial activity; and

Advice to Applicant

a) The 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.

CARRIED: 10/0

ATTACHMENT

9.5.4 Proposed Short Stay Accommodation - Four Cabins/Chalets at Lot 7489 (No 107) Burma Road, Pemberton

PROPONENT	Mr G Smith
OWNER	Kayelo Equity Pty Ltd
LOCATION / ADDRESS:	Lot 7489 (No 107) Burma Road, Pemberton
WARD:	West
ZONE:	Tourist Enterprise/Residential
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA23/15 & P55212
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	27 February 2023
DECLARATION OF INTEREST:	Nil

Background:

Lot 7489 is a 20.5869ha property located on the northern side of Burma Road on the eastern edge of the Pemberton Townsite as shown below. Currently the property is developed with a single dwelling and a disused restaurant, now approved for short stay accommodation for up to 6 people.

A smaller private land holding is located on the southern boundary, State Forest is located to the north, whilst the Gloucester National Park is located to the east.

Location Plan

Map

Description automatically generated

Amendment No 24 to Local Planning Scheme No 4 (the Scheme) was gazetted in late 2022 modifying the Scheme provisions as they relate to the land. Effectively, the amendment resulted in the western half of the land being included in Tourist Enterprise Zone TE9.

Council is requested to consider a proposal to develop 4 cabins based on a tent like structures for use in providing additional short term accommodation on-site in the form of “Glamping”. Details submitted in support of the application indicate that:

a) The structures will be metal frame, with canvas cladding on a suspended solid floor;

b) Each of the units will comprise a main living/bedroom, a bathroom and kitchen and open deck at the front;

c) Two models will be used, one providing accommodation for two persons, the other three persons.

A copy of the submitted plans together with the supporting correspondence are shown attached.

Council is requested to determine the application in light of requirements prescribed by Local Planning Scheme No 4 (the Scheme), in respect of which Shire Officers do not have delegated authority.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

To assist Council in determining the application, the following comments and advice is provided.

Zoning

As detailed within the Background section of this agenda item, Local Planning Scheme Amendment No 24 (LPSA 24) to the Scheme resulted in the Western half of the property being include within the Tourist Enterprise Zone.

Proposed Land Use Classification

The proposed short accommodation units are most consistent with the land use definition of “Chalet”, which the Scheme defines as follows:

Chalet – means an individual self-contained unit usually comprising cooking facilities, ensuite, living area and one or more bedrooms designed to accommodate short stay guests, forming part of a tourism facility and where occupation by any person is limited to a maximum of three months in any 12 month period.

Chalets are a “P” use within the Tourist Enterprise Zone. That is a use which is “permitted provided that the use complies with the relevant development standards and requirements of the Scheme.”

Tourist Enterprise Zone (TE9)

The Scheme provisions specific to TE9 are identified in Schedule 5 of the Scheme. The requirements outlined within the Schedule include, but are not limited to:

1. Prior to any subdivision or development, provision shall be made for the creation and construction of suitable public road connections and/or emergency access ways to ensure the first and all future stages of subdivision and development can response to access requirements set out in State Planning Policy 3.7: Planning in Bushfire Prone Area;

2. Preparation of Bushfire Management Plan, traffic impact and management plan information to address impacts on water resource values; and

3. A mosquito management plan may be required to be prepared and implemented.

As additional road connections/emergency access ways are yet to be established, approval may only be granted to the development through a relaxation of standards.

Relaxation of Standards

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

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

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

In this case, the applicant is seeking approval to proceed with four chalets as an initial stage of development, prior to the establishment of the additional road access/emergency access ways as required by the provisions of Schedule 5.

Ultimate Intended Development

As reflected within the Scheme Amendment documentation relating to Local Planning Scheme Amendment No 24, the landowner is ultimately intending to:

i) develop the western half of the subject land for tourist purposes, including a caravan park;

ii) subdivide the eastern portion of the site into a residential subdivision comprising lots with a minimum lot size of 2,000m².

The current proposal represents a very small portion of that ultimate development.

Impact on Water Resources

As detailed in special provisions relating to TE9 contained within Schedule 5, in determining applications for the site, information is required in respect of potential impacts on water resources. With respect to the current proposal, the proposed structures are located within an area of the property with minimal vegetation. No clearing is proposed.

The supporting correspondence also outlines that each of the proposed accommodation units will be connected to an “alternative effluent disposal system”. Such systems are designed so as to ensure that nutrients are not discharged from the system, protecting waterways from impact.

On the basis of the information provided, there will be no detrimental impacts on the water resources in the vicinity.

Bushfire Management

Mapping from the Department of Fire and Emergency Services indicates that the area in which the development is to be located is not identified as being “Bushfire Prone”. As a result, it is considered that the requirements of State Planning Policy No 3.7 – Planning in Bushfire Prone Areas does not strictly apply to the application.

Nevertheless, it is recommended that an Emergency Evacuation be prepared and displayed for guests use in the event of a bushfire or other emergency.

Notwithstanding the above it is noted that a Bushfire Management Plan was prepared in support of LPSA 24.

Relevance of Planning Conditions

In accordance with Case Law relating to planning applications, it should be noted that conditions must have planning purposes, be relative to the application and be fair and reasonable.

Given the small scale of the current proposal, it is considered that it would not be fair and reasonable to require the full implementation of the Bushfire Management Plan prepared in support of LPSA, including the additional road access and emergency access ways. That said, it is recommended that the applicant be advised further approvals for additional developments/land use are not likely to be supported until such time as full implementation of the Bushfire Management Plan has been achieved.

Conclusion

The Scheme provisions for the subject land are based around the development of the western portion of the land for Tourist based uses, including a caravan park and the subdivision of the eastern portion for a residential subdivision based on a 2,000m² lot size. Prior to establishing these uses, the Scheme requires a number of matters to be addressed including the establishment of an additional road connection and emergency access ways.

The current application is seeking approval to four chalets, being substantially less than the ultimate intended use. For this reason and the fact that the portion of the subject land to be used for the chalets is not Bushfire Prone, it is recommended that the requirement for full implementation of the Bushfire Management Plan be deferred at this point and the application approved.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The proposal is deemed to be consistent with the following Shire of Manjimup Corporate Business Plan 2022 -2026 Action:

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

The proposal is also deemed to meet Community Goal 2.6 of the Shire of Manjimup Corporate Business Plan 2022 -2026:

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

Organisational risk management:

Nil.

Financial Implications:

The required application fee has been paid in accordance with Council’s adopted Schedule of Fees and Charges.

Sustainability:

Environmental: Nil.

Economic: Approval to the application will provide additional short term accommodation options within the Pemberton Community.

Social: Appropriately managed, approval to the application as submitted will not result in any detrimental impacts on the amenity of the area.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with clause 5.5 and Part 10 of the Shire of Manjimup’s Local Planning Scheme No 4, grant approval to the proposed Four Chalets at Lot 7489 (No 107) Burma Road, Pemberton in accordance with the plans and specifications shown at ATTACHMENT: 9.5.4(1), subject to compliance with the following conditions:

Reference	Document Title	Date Received
1.	Application for Planning Approval	27 January 2023
2.	Holiday Accommodation Management Plan	27 January 2023
3.	Emergency Management Plan	27 January 2023
4.	Supporting Correspondence	27 January 2023
5.	Proposed Floor Plans and Site Plan	27 January 2023

2. The Holiday Accommodation is not to be occupied by a person for more than three (3) months within any twelve (12) month period. In this regard, the manager/operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the local government, and the register shall be made available for perusal by Shire officers on demand.

3. Satisfactory arrangements being made for the provision of a potable water supply to each chalet the subject of this approval.

4. Prior to the commencement of the use hereby approved, the Emergency Evacuation Response Plan is to be prepared to the satisfaction of the Shire of Manjimup to reflect the newly approved accommodation units and displayed in the Chalets at all times.

5. All stormwater and drainage runoff is to be retained on the subject property.

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

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

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

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

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

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

(a) the location of bin storage areas and bin collection areas;

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

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

(d) frequency of bin collections.

8. The Waste Management Plan must be implemented at all times to the satisfaction of the Shire of Manjimup.

9. Firebreaks and low fuel zones are to be installed and maintained to the satisfaction of the Shire of Manjimup around all boundaries and buildings on the subject property, in accordance with the requirements of the Annual Shire Firebreak Notice endorsed by Shire of Manjimup.

Advice to Applicant:

a) The applicant is advised that applications for approval to development being in addition to that hereby approved, is unlikely to be supported until such time as the Bushfire Management Plan and Scheme provisions associated with Local Planning Scheme Amendment No 24 are fully implemented;

b) This development approval is NOT a building permit. A certified building permit must be formally applied for and obtained prior to the commencement of any site and/or development works;

c) That the approved development must comply with all relevant provisions of the Health Act, 1911 (as Amended) and the Building Code of Australia, 2014;

d) That under the provisions of the ‘Building Code of Australia’, at least one of the existing or proposed accommodation units must accommodate access and sanitary facilities for people with disabilities. [The proponent is invited to liaise with the Principal Building Surveyor for further information in respect to this]; and

e) The approved development is to comply with the requirements of the “Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations, 1974”.

COUNCIL RESOLUTION:

Moved: Lawrence, K Seconded: Ventris, M

29071

Reference	Document Title	Date Received
1.	Application for Planning Approval	27 January 2023
2.	Holiday Accommodation Management Plan	27 January 2023
3.	Emergency Management Plan	27 January 2023
4.	Supporting Correspondence	27 January 2023
5.	Proposed Floor Plans and Site Plan	27 January 2023