Ordinary Council: Agenda

26 February 2013 Page 2

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.

ATTACHMENTS

Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.

PROCEDURE FOR AGENDA BRIEFINGS

PRINCIPLES

An Agenda Briefing occurs a week prior to the Ordinary Council Meeting and provides an opportunity for Elected Members to ask questions and clarify issues relevant to the specific agenda items before Council. The briefing is not a decision-making forum and the Council has no power to make decisions. If at any time during the Agenda Briefing it is determined that a decision of the Council is required, any such decision making process will be deferred to the next Ordinary or Special Meeting of Council, in accordance with the Local Government Act 1995, associated regulations and Council’s Standing Orders.

In order to ensure full transparency the Agenda Briefing will be open to the public to observe the process. Where matters are of a confidential nature, they will be deferred to the conclusion of the briefing and at that point, the agenda briefing will be closed to the public.

The reports provided are the Officers’ professional opinions. While it is acknowledged that Elected Members may raise issues that have not been considered in the formulation of the report and recommendation, it is a basic principle that as part of the Agenda Briefing that Elected Members cannot direct Officers to change their reports or recommendations.

With regard to the General Principles and Concepts regarding the Agenda Briefing Process, reference will be made the Department of Local Government Operational Guideline No. 5, “Council Forums” (Attached).

PROCESS

The Agenda Briefing session will commence at 1.00 pm and the Elected Members present will elect a Chairperson from amongst those present, in order to rotate the chairpersonship equally among the Elected Members throughout the year.

In general, as the Agenda Briefing is not a formal meeting of Council, Standing Orders will not apply, however may be referred to for guidance by the Chair. The Chair will have absolute control over the conduct of the Agenda Briefing, however may at time seek a determination from the other Elected Members present (by way of vote) on how to proceed on a particular matter. If at any time a vote is tied, the Chair shall have an additional vote (casting vote) to determine the outcome of a particular matter.

The Local Government (Rules of Conduct) Regulations 2007 and the Shire of Esperance’s Code of Conduct will determine the general conduct of Elected Members and Officers during the Agenda Briefing.

Proponents (or representatives of a proponent) may be invited by the Chair to provide clarification on a specific agenda item or provide a response to a question raised by an Elected Member. The Proponent (or the proponent’s representative) will refrain from debating the merits or criticisms of the Officers recommendation contained with the specific agenda item. All clarification and/or responses will be made through the Chair, and not directed at any one individual.

The public present may observe the process and there is an opportunity at the beginning of the Agenda Briefing for public question time where the public may ask questions at the discretion of the chair. The agenda will take the form of:

· Attendance and Apologies

· Declarations of Interest

· Public Question Time

· Reports from Officers

· Reports Delegates

· Reports from Committees

· Urgent Business Approved by Decision

· Confidential Items

· Closure

Where an interest is involved in relation to an item, the same procedure which applies to Ordinary Council meetings will apply, to the extent that an Elected Member must declare the nature and/or type of interest. Elected Members that declare an interest will not need to removed themselves from the meeting, given the fact that no decisions will be made. Failure to declare an interest at the Agenda Briefing may be considered a breach of the Shire’s Code of Conduct and referred for further investigation.

The Agenda Briefing will consider items on the agenda only and proceed to deal with each item as they appear. The process will be for the Chair to call each item number in sequence and ask for questions or clarifications. Where there are no questions regarding the item, the briefing will proceed to the next item.

With regards to dealing with proposals under the Shire’s Town Planning Scheme, all Elected Members will pay particular reference to “Dealing With Proposals under the Town Planning Scheme”, clauses 35-37, Department of Local Government Operational Guideline No. 5, “Council Forums”, to maintain their own high level of independence to ensure all town planning decisions are based on relevant and material facts, when presented at subsequent formal Council Meeting.

AGENDA CONTENTS

While every endeavour is made to ensure that all items to be presented to Council at the Ordinary Council Meeting are included in the briefing papers, it should be noted that there will be occasions when, due to necessity, items will not be ready in time for the Agenda Briefing session and will go straight to the Full Council agenda as a matter for decision. Further, there will be occasions when items are TABLED at the Agenda Briefing rather than the full report being provided in advance. In these instances, staff will endeavour to include the item on the agenda as a late item, noting that a report will be tabled at the Agenda Briefing session.

AGENDA DISTRIBUTION

The Agenda Briefing Papers will be distributed to Elected Members on the WEDNESDAY prior to the Agenda Briefing session. Copies will be made available to the libraries and the Internet for interested members of the public. Spare briefing papers will be available at the Agenda Briefing session for interested members of the public.

DEPUTATIONS

Deputations regarding a specific agenda item may be heard at the Chair’s invitation, only if such deputation is to provide clarification or responses to questions from Elected Members at the Agenda Briefing. Deputations will refrain from making statements either supporting or criticising the Officers recommendation.

RECORD OF BRIEFING

Though no formal record of the Agenda Briefing session will be created, the CEO will create limited notes regarding any agreed action to be taken by staff or Elected Members. No recommendations will be included and the notes will be retained for reference and are not distributed to Elected Members or the public.

LOCATION

The Council Briefing session will take place in the Council Chamber in the Shire of Esperance Administration Building or at other location as advertised prior to the Agenda Briefing.

Ordinary Council: Agenda

26 February 2013 Page 6

Declaration of Interest (Notes for Your Guidance)

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

c) Preside at the part of the Meeting, relation to the matter or;

d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Notes on Financial Interest (For your Guidance)

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious ect, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case need to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

Interests Affecting Proximity

1) For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;

a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

b) a proposed change to the zoning or use of land that adjoins the person’s land; or

c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2) In this section, land (the proposal land) adjoins a person’s land if;

a) The proposal land, not being a thoroughfare, has a common boundary with the person’s land;

b) The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

c) The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Interests Affecting Impartiality

Definition: An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

Impact of an Impartiality Closure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this new type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

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Ordinary Council: Agenda

26 February 2013 Page 11

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 26 February 2013

COMMENCING AT 4.00pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr M Heasman President Town Ward

Cr V Brown Deputy President Rural Ward

Cr N Bowman Rural Ward

Cr P Griffiths Town Ward

Cr R Mansell Town Ward

Cr L McIntyre Town Ward

Cr W Rodgers Town Ward

Cr B Stewart, JP Town Ward

Cr N Walker Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Services

Mr G Harris Director Engineering Services

Mr R Hilton Director Community Services

Mr R Hindley Director Development Services

Ms A Fitzgerald Minutes Secretary

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

6.1 Declarations of Financial Interests – Local Government Act Section 5.60a

6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. Citizen of the Month

To be announced

8. PUBLIC QUESTION TIME

9. PUBLIC ADDRESSES / DEPUTATIONS

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 22 January 2013 be confirmed as a true and correct record.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 28

12. Matters Requiring a Determination of Council

12.1 DEVELOPMENT SERVICES

Item: 12.1.1

Development Assessment Panels: Nomination of Members

Author/s	Peter Stanley	Manager Planning Services
Authorisor/s	Richard Hindley	Director Development Services

File Ref: F12/62

Applicant Internal (Development Services)

Location/Address Shire of Esperance

Executive Summary

For Council to nominate four Councillors to be the Shire of Esperance representatives on the Goldfields-Esperance Joint Development Assessment Panel (two as members and two as alternative members).

Recommendation in Brief

To nominate two Councillors to be the Shire of Esperance representatives on the Goldfields-Esperance Joint Development Assessment Panel and nominate a further two Councillors as alternative representatives on the Goldfields-Esperance Joint Development Assessment Panel.

Background

Development Assessment Panels (DAPs) came into operation on the 1 July 2011. The Shire of Esperance is located in the Goldfields-Esperance Joint Development Assessment Panels which consists of the following local authorities:

• Shire of Coolgardie

• Shire of Dundas

• Shire of Esperance

• City of Kalgoorlie-Boulder

• Shire of Laverton

• Shire of Leonora

• Shire of Menzies

• Shire of Ngaanyatjarraku

• Shire of Ravensthorpe

There are three types of applications that can be referred to a DAP.

Type	Threshold
Mandatory DAP Applications	$7 million
Optional DAP Applications	Between $3 and $7 million
Delegation to DAPs	Between $3 and $7 million

Since the inception of the DAPs their have been no Mandatory DAP Applications from the Shire of Esperance and all Optional DAP Applications have been considered by the Shire.

The nomination of Local Government Representatives to the Development Assessment Panels are due by 28 February 2013.

Officer’s Comment

DAPs consist of five members with one presiding member, two specialist members and two local government members. The local government’s membership will depend on the location of the development applications being determined at the time. Local government members will be rotated on and off the panel to ensure that local knowledge that is relevant to the application is on each panel. Only two representatives from Council can be on the panel.

If the local government fails to nominate two elected representatives the Minister will have the power to appoint two members to the subject DAP to represent the interests of the local community. These alternative representatives must be eligible to vote in elections for that local area and have relevant knowledge or experience that, in the opinion of the Minister, will enable them to represent the interests of their local community.

The frequency of meetings will be determined by the number of applications being referred. Local Government representatives only need to attend meetings when an application is being considered from the Shire of Esperance. In the advertising for specialist members it was identified that they may be required to travel on short notice and it is likely that this would also apply to local government members. At this stage the agenda for a DAP meeting is to be made public at least 5 days before the meeting.

It should be noted that the presiding member can consent to the meeting being attended remotely by telephone or other method of instantaneous communication.

The period of appointment for DAP members is 2 years. At the expiration of two years the Shire will be required to renominate 2 local government members as well as 2 alternate members. The same individuals may be renominated for the position but the regulations require this to be undertaken every 2 years.

Following appointment, all DAP members will be required to undertake training on the Western Australian DAP legal framework and planning decision-making. DAP members cannot sit on a DAP and determine applications until they have attended training. A DAP training manual will be provided, which will include the DAP regulations, the Standing Orders, Code of Conduct and DAP member procedures manual. The timing and location of this training for local government members of the DAP has not yet been established however the first round of training was held locally.

Applications to be determined by DAPs will need to pay an additional fee over and above the fee that is currently charged by the Shire for a development application. This fee will be used to cover the costs of administering the DAP process. These fees are contained in the Schedule of Fees and Charges.

Members of the DAP will receive sitting fees as outlined in Schedule 2 of the Regulations (Attachment A). These fees have been determined to reflect the cost of providing the service. In addition to these fees the local government has the capacity to invoice the Secretariat for costs incurred in hosting a DAP meeting. The costs that have been identified as being chargeable are for the minute taker, light refreshments and security (where necessary).

Consultation No consultation was required to be undertaken in relation to this item.

Strategic Implications: There are no known strategic implications arising from the recommendations of this report.

Statutory Implications: The statutory implications associated with this item are:

Planning and Development Act 2005

Planning and Development Regulations 2009

Planning and Development (Development Assessment Panels) Regulations 2011

Local Planning Scheme No. 23

Policy Implications: There are no known policy implications arising from the recommendations of this report.

Environmental Considerations: There are no known environmental considerations arising from the recommendations of this report.

Asset Management Implications: There are no known asset management implications arising from the recommendations of this report.

Financial Implications: The fees required to be charged for the DAPs process are in addition to the fees levied by Council for the consideration of a Development Application

Costs incurred in hosting a DAP meeting may be claimed back by invoicing the Secretariat which should minimise the procedural cost of the new process.

Attachments

a View.

Fees for DAP Members

Officer’s Recommendation

That Council nominates Councillors __________________ and __________________ as the Shire of Esperance representatives on the Goldfields - Esperance Joint Development Assessment Panel, and Councillors __________________ and __________________ as alternate members and advises the Minister for Planning of such appointments.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 32

Item: 12.1.2

Registration of Esperance Railway Precinct in the State Register of Heritage Places

Author/s	Ashwin Nair	Town Planner
Authorisor/s	Richard Hindley	Director Development Services

File Ref: R2815

Applicant

Heritage Council of Western Australia

Location/Address

Lot 103 Dempster Street, Esperance

Executive Summary

For Council to consider endorsing the position provided by Officers that the Shire of Esperance support the proposed registration of a portion of the Esperance Railway Precinct (HCWA Ref: P824) consisting only of the Bonded Store and Goods Shed in the State Register of Heritage Places.

Recommendation in Brief

That Council support the proposed registration of a portion of the Esperance Railway Precinct (HCWA REF: 824) in the State Register of Heritage Places.

Background

At its Ordinary Meeting in February 2008 (O0208-1257) the Esperance Council resolved to support the registration of the Railway Goods Shed and the extent of Lot 103 initiated by the Heritage Council of Western Australia. Furthermore, a request was submitted in 2010 in relation to the registration of the entire Esperance Railway precinct (consisting of Lots 103, 294 and 737) where Council formally resolved to refuse the proposal (AP1010-197).

The Register Committee of the Heritage Council of Western Australia (HCWA) recently considered the heritage assessment undertaken for the Esperance Railway Precinct (HCWA Ref: P824) (which encompasses part of the land and the buildings - refer Attachment A) and will be considering registration in the State Register of Heritage Places at a meeting in the near future. As a result, the HCWA requested comment from the Shire of Esperance as to whether its support is forthcoming for the proposed registration and/or whether the Shire wishes to attend the meeting at which the proposed registration will be considered.

Officer’s Comment

After reviewing the assessment documentation, Officers provided the following response to the HCWA

Further to your letter of 27 November 2012 advising that P824 Esperance Railway Precinct is to be considered for entry into the Register of Heritage Places, the Shire of Esperance supports the proposal subject to the following:

· Unlimited access to undertake maintenance on all infrastructure and buildings located on site;

A report is being prepared for Council’s consideration at the February 2013 Council meeting where the above position will either be endorsed or an amended position will be provided. After consideration of this matter by Council, Officers will advise you of Council’s formal position in relation to this matter accordingly.

Discussions with Heritage Council officers confirmed that a Repair & Maintenance regulation was passed allowing Local Government unrestricted access for a range of maintenance and repair work. This regulation allows the Local Authority to engage in maintenance and minor works without seeking permission of the Heritage Council. The following is a list of works that do not need the Heritage Council approval:

· Building maintenance that does not involve the removal of, or damage to, the existing fabric of the building or the use of new materials;

· Gardening or landscape maintenance that does not involve a major alteration of the layout, contours, structures, significant plant species or other significant features on the land;

· Cleaning that is low pressure, on abrasive and non chemical;

· Repairs, including replacing missing or deteriorated fabric with like-for like fabric, that does not involve the removal of, or damage to, the significant fabric of the building;

· Replacement of utility services using existing routes or voids that does not involve the removal of, or damage to, the fabric of the building;

· Repainting of the surface of a building in the same colour scheme and paint type if they are appropriate to the substrate and do not endanger the survival of earlier paint layers and without disturbing or removing an earlier paint layer unless it is chalking, flaking or peeling

· An excavation, that does not affect archaeological remains, for the purpose of exposing, inspecting, maintaining or replacing utility services

· Installation of a temporary security fence, scaffold, hoarding or surveillance system that does not affect the fabric of a building, the landscape or archaeological features of the land;

· Digging a new grave or the erection of a monument or grave marker of materials, size and form that are consistent with the character of the place.

From an Officers perspective the above addresses a general range of maintenance issues. However, if any work is proposed beyond this then permission is required by the Heritage Council. The Heritage Council have advised that an efficient way to deal with referrals from Local Government bodies is to update their respective Conservation Management Plan which identifies and prioritises major maintenance and repair works. Please note this process is not compulsory but is in place to speed up the approval process for Local Governments.

A decision on whether or not to enter a place in the State Register of Heritage Places is made solely on the basis of whether or not the place has sufficient cultural heritage to warrant the protection of the Heritage of Western Australia Act 1990. The Minister for Heritage will consider the owner and/or local government’s comments – both support and otherwise – and will make a final decision accordingly.

The heritage listing of a place does not constrain such a place to staying the same or living in the past. The HCWA encourages sensitive development and adaptation of heritage places as this is often the best way of ensuring their future. What is important is to ensure any proposed changes conserve the significant heritage values of the place.

All proposed works (including maintenance works if they involve major works or changes to the place) are required to be referred to the Heritage Council for heritage-related advice to ensure such works are done with care and sensitivity to the heritage values of the place.

It should also be noted that as the proposed site is located within the Town Centre consideration will need to be given to the site in the context of the Town Centre Revitalisation Masterplan.

Option 1:

Advise the Heritage Council of Western Australia that the Shire of Esperance supports the proposed interim registration of a portion of the Esperance Railway Precinct (HCWA Ref: P824) in the State Register of Heritage Places.

Option 2: Officer Recommendation

Formally endorse the position provided by Officers that the Shire of Esperance support interim registration of a portion of the Esperance Railway Precinct (HCWA Ref: P824) consisting only of the Bonded Store and Goods Shed in the State Register of Heritage Places.

Option 3:

Advise the Heritage Council of Western Australia that the Shire of Esperance does not support the proposed interim registration of a portion of the Esperance Railway Precinct (HCWA Ref: P824) in the State Register of Heritage Places.

Consultation

The proposal was assessed by the Shire of Esperance Development Coordination unit (DCU). The DCU unit support the proposal subject to gaining unrestricted access for maintenance and repairs.

Financial Implications

Owners of registered places have the ability to apply for funding assistance to help maintain and conserve such places through grant programs offered by the HCWA, Lotterywest and the Commonwealth Government.

Asset Management Implications

There are no known asset management implications arising from the recommendations of this report.

Statutory Implications

Heritage of Western Australia Act 1990

Policy Implications

There are no known policy implications arising from the recommendations of this report.

Strategic Implications

Strategic Community Plan 2012 – 2022

Environment

Aiming for the equitable and sustainable development of land within the Shire that provides a genuinely desirable lifestyle.

Environmental Considerations

There are no known policy implications arising from the recommendations of this report.

Attachments

a View.

Site Plan

Officer’s Recommendation

That Council

1. Formally endorse the position provided by Officers that the Shire of Esperance support the proposed interim registration of the Esperance Railway Precinct (HCWA Ref: P824) consisting only of the Bonded Store and Goods Shed in the State Register of Heritage Places.

2. Advise Heritage Council of Western Australia accordingly of such endorsement and reaffirm that the Shire of Esperance wishes to attend the Heritage Council meeting during which the proposed interim registration of the Esperance Railway Precinct will be considered.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 38

Item: 12.1.3

Potential Site for an NBN Fixed Wireless Broadband Facility

Author/s	Ashwin Nair	Town Planner
Authorisor/s	Richard Hindley	Director Development Services

File Ref: R14545

Applicant

Daly International

Location/Address

Reserve 14545 (Lot 577) Coolgardie Esperance Hwy, Monjingup

Executive Summary

For Council to consider and determine a proposal to exercise a portion of reserved land (currently zoned ‘Parks, Recreation and Conservation’) for the National Broadband Network (NBN) telecommunications structure.

Recommendation in Brief

That Council relinquish the Management Order for a portion of Reserve 14545 to be used by the National Broadband Network for a telecommunications structure.

Background

A request to exercise a portion of reserved land for the National Broadband Network (NBN) telecommunications structure was received in December 2012 from DALY International. DALY International has been appointed to act on behalf of Ericsson Australia Pty Ltd to establish the infrastructure required for the wireless component of the National Broadband Network (plans are attachment A).

The Shire of Esperance currently have the Management order over this reserve (R14545), the Shire will need to relinquish the Management order for a portion of the reserve used by NBN. NBN will then lease the excised area (The compound size is 12 x 8m) directly from the Department of Regional Development and Lands.

NBN have identified a portion of this reserve as a possible location for a radio network base station facility which if established, will enable residents, businesses and the community within this area, access to high speed fixed wireless broadband.

The Shire of Esperance currently has a Management Order over the reserved land. Under Local Planning Scheme 23 the reserve is zoned ‘Parks and Recreation - Local and is currently used by the Fire and Emergency Services Authority as a radio network base station.

Officer’s Comment

The proposed compound size is 12 x 8 metres however the Department of Regional Development and Lands may want to excise a slightly larger area. There will be an access easement through the reserve to the facility.

The Management Order pertaining to the NBN compound will have to be modified to identify the area solely for the purposes of ‘Telecommunications Structure-NBN’. The remaining portion of the Management Order will be for “Recreation and Emergency Services” recognising that there is an existing Fire and Emergency radio compound onsite.

Officers have no objection the proposal to excise the potion of the reserve to create a separate parcel for NBN infrastructure. The development of the transmission facility will be the subject of a development application that will undergo a formal consultation process under the provisions of Local Planning Scheme No. 23.

Consultation

No consultation was required in relation to this item.

Financial Implications

There are no known financial implications arising from the recommendations of this report

Asset Management Implications

There are no known asset management implications arising from the recommendations of this report

Statutory Implications

The statutory implications in relation to this item are:

Land Administration Act 1997

Telecommunications Act 1997

Policy Implications

There are no known policy implications arising from the recommendations of this report

Strategic Implications

Strategic Community Plan 2012 – 2022

Environment

Aiming for the equitable and sustainable development of land within the Shire that provides a genuinely

desirable lifestyle.

Environmental Considerations

There are no environmental considerations pertaining to this proposal

Attachments

a View.

Site Plan

Officer’s Recommendation

That Council:

1. Request the modification of the Management Order of Reserve 14545 to ‘Recreation and Emergency Services’

2. Support the excision of a portion of Reserve 14545 for a communications compound and an access easement for the purpose of Telecommunications Infrastructure-NBN

3. Request the Department of Regional Development and Lands to amend the management order for Reserve 14545 and affect the excision of a portion of Reserve 14545.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 43

Item: 12.1.4

State Planning Strategy

Author/s	Peter Wilks	Town Planner
Authorisor/s	Peter Stanley	Manager Planning Services
	Richard Hindley	Director Development Services

File Ref: F13/278

Applicant

Department of Planning

Location/Address

Whole of Shire

Executive Summary

For Council to consider the draft State Planning Strategy (SPS) which has been prepared under the Planning and Development Act 2005 by the Western Australian Planning Commission. Submissions have been invited to the SPS with a closing date of 29 March 2013.

Officers have reviewed the SPS and have identified a number of matters that the Council may wish to make comment on.

Recommendation in Brief

That Council receives the draft State Planning Strategy and makes a submission to the Department of Planning having regard to the Officer’s recommendations.

Background

Section 14 of the Planning and Development Act 2005, requires the Western Australian Planning Commission (WAPC) to prepare and keep under review a planning strategy for the State, “as a basis from which to coordinate land use, infrastructure planning and land development in a sustainable manner for the guidance of all public authorities and local governments involved in those matters.”

The SPS impacts on the preparation of other planning documents under the Planning and Development Act 2005 to the extent that the SPS influences the preparation of State Planning Policies and hence lower order planning documents such as Planning Schemes and Local Planning Strategies.

The current SPS that came into force in 1997 contained a strictly land use planning perspective with a regional focus.

A draft State Planning Strategy (SPS) has been prepared by the Department of Planning (DoP) under the guidance of the Western Australian Planning Commission (WAPC).

The draft SPS takes a different approach from the 1997 SPS. The draft SPS is a strategic plan for Western Australia. It is designed to build the strategic planning capacity and capability of the State to better predict, adapt to and manage change towards 2050 and beyond. It informs planning and development decisions throughout the State.

The SPS seeks to better anticipate, adapt to and manage the drivers of change most likely to influence the future development of Western Australia. The SPS will be used by the Government as a basis to plan for and coordinate regional and urban infrastructure across the State; improve efficiency of infrastructure investment; and to facilitate the consideration of project approvals, delivery of services and urban land supply.

The draft SPS reaches beyond land use planning to place priority on managing population and economic growth. The SPS takes an integrated view of the development supply chain, its inputs, processes and outputs. It considers inputs like: skilled labour; basic raw materials; energy and water sources; and infrastructure capacity, as well as outputs like: agriculture and food; energy and water consumption; land supply; cost of living pressures; and the movement of people, goods and services.

This SPS identifies ten strategic directions of primary importance to the future development of Western Australia, namely:

· Economic development

· Education, training and knowledge transfer

· Tourism

· Environment

· Agriculture and food

· Physical infrastructure

o Movement of people, resources and information

o Water

o Energy

o Waste

o Telecommunications

· Social infrastructure

o Spaces and places

o Affordable living

o Health and wellbeing

· Land availability

· Remote settlements

· Security

Submissions can be made on the SPS until 29 March 2013. After the close of the public comment period, the DoP will analyse the public submissions and provide the WAPC and Minister with a report on submissions, together with a recommended response, prior to seeking the Government’s consideration. All those who provide comments on the draft will receive notification of the Government’s decision.

Officer’s Comment

The SPS was received by the Shire of Esperance on 16 January 2013.

The SPS makes no specific reference to the Shire of Esperance in the text of the document. The SPS makes reference to the SuperTowns initiative as part of the outline of initiatives produced across Government that have contributed to the outcomes of the SPS (page 7).

Comprehensive mapping located throughout the document provides information regarding matters ranging from natural resources to population size. Of particular note the mapping identifies the following:

· An ‘Infrastructure Band’ is identified between Esperance and Albany (Figure 14);

· An ‘Economic Activity Band’ is identified between Esperance and Kalgoorlie (Figure 14);

· Esperance is identified as a sub-regional centre (Figure 14 and others);

· The Port of Esperance is identified (Section 6.1 page 46, Figure 18 and others);

· The Esperance Airport is identified as a ‘Regional Airport’ (Figure 23);

· The Esperance-Kalgoorlie rail line is identified as ‘Major Railway’ (Figure 19);

· Two new ‘non-renewable electricity generators’ are identified within, or in close proximity to, the Shire of Esperance (Figure 25);

· Esperance is not noted as being susceptible to coastal inundation;

· Large coal, geothermal and uranium resources are identified in the Shire of Esperance, to the east of the Coolgardie-Esperance Highway. Broad areas of land in the south of Western Australia including around Esperance are identified as ‘Potential Wind energy’. ‘Gas’ and ‘Potential Wave Energy’ resources are also identified off-shore (Figure 25);

· Two NBN connections to Esperance are identified, one from Kalgoorlie, and the second from Katanning via Ravensthorpe (Figure 28);

· An outcome based approach to planning for spaces and places “requires that those designing and assessing structure plans and development proposals to have an understanding of urban design” (Section 7.1 page 68 and Figure 30).

A key impact of the SPS will be the impact on the document on any future revisions and replacements of existing strategic documents, such as the Local Planning Strategy, Local Planning Scheme No. 23, and on the creation of new strategic documents, such as Growth Plans. ‘Section 7.1 Spaces and Places’ will influence the Esperance Town Centre Revitalisation Program. The SPS will also influence State wide and regional infrastructure investment blueprints and planning.

There are also notable omissions from the SPS. Strategic projects of significance to Esperance and regional Western Australia are either neglected or receive a bare mention. In particular, Port Link is omitted from the SPS, with SuperTowns receiving a minor mention. Both projects should be strongly linked within the SPS due to their importance to the regional economy, regional infrastructure and population growth.

A draft submission to the draft State Planning Strategy has been attached for consideration by the Council (see Attachment A).

Consultation

The preparation of this item was assisted by the Manager Economic and Business Development.

No additional consultation was undertaken.

Financial Implications

There are no direct financial implications arising from the recommendations of this report.

Asset Management Implications

There are no direct asset management implications arising from the recommendations of this report.

Statutory Implications

At this time there are no direct statutory implications arising from the draft State Planning Strategy. This may change in the future as the State Planning Strategy will need to be considered in any amendment to or replacement of existing strategic documents.

Policy Implications

There are no direct policy implications arising from the recommendations of this report.

Strategic Implications

Strategic Community Plan 2012 – 2022

· 2.4 – Effectively use our land and development policies to optimise environmental outcomes and minimise environmental risks and impacts

· 2.5 – Sustainably manage our waste, water, energy use and facilities and investigate opportunities to reduce their impacts on our environment

· 2.6 – Manage environmental risks in the Shire

· 2.7 – Plan for and adapt to changes in our climate and the impacts on increased water and energy vulnerability.

· 3.2 – Ensure essential services and infrastructure are aligned to community needs now and in the future.

· 3.3 - Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users.

· 3.4 - Create and strengthen partnerships to advocate for and deliver community facilities, and services and major infrastructure.

· 3.6 – Advocate and plan for population growth and diverse residential and economic development in a sustainable manner.

· 3.8 – Facilitate and guide high quality and efficient building and development across the Shire.

The extent to which the SPS will influence the preparation of future Strategic Community Plan is not apparent at this time.

Environmental Considerations

There are no direct environmental considerations arising from the recommendations of this report.

Attachments

a View.

Attachment 1: Submission to draft State Planning Strategy

Officer’s Recommendation

That Council adopt Attachment A as its submission to the draft State Planning Strategy and forward its comments to the Department of Planning.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 47

This will be reformatted into Shire Letter format once adopted.

Dear Mr Lumsden

SUBMISSION TO DRAFT STATE PLANNING STRATEGY

Thankyou for the invitation to make a submission draft State Planning Strategy.

The Council of the Shire of Esperance would like to make the following submissions on a number of sections of the draft State Planning Strategy.

Subject: General Comments

The Council notes that “the purpose and function of the draft State Planning Strategy is to provide a sound basis for the integration and coordination of strategic planning across state, regional and local jurisdictions.” The document further states that “Strategy offers a view of the interconnections and interrelationships that are likely to influence Western Australia’s sustained prosperity. It highlights principles, strategic goals and strategic directions that are important to the planning and development of Western Australia.”

Within the ‘Strategic Directions’ parts of the draft State Planning Strategy each ‘Direction” sets out objectives, key facts, strategic approaches, and state challenges.

The Council is concerned that whilst the aspirations and expected outcomes of the strategies are clearly set out, the strategic directions are not apparent. In the Council’s view, the draft State Planning Strategy lacks clear directions as to the means by which the States’ aspirations will be achieved. The leadership expected of a planning document of this significance is in the Council’s view not present. At the very least, the draft State Planning Strategy should indicate the range of subsidiary State Government Strategies and Policies that will articulate these strategies.

Subject: Missing Projects

Submission:

It is noted that the document either ignores or gives scant regard to two significant regional projects that impact on Esperance.

Port Link:

· The Goldfields‐Esperance Development Commission in conjunction with the Regional Development Council has strongly advocated for the proposed PortLink project. PortLink is a major infrastructure project proposed to link the ports of Esperance and Port Hedland via an inland route via Kalgoorlie, Wiluna and Newman, with Kalgoorlie acting as a rail hub from the eastern states. The Council strongly supports PortLink as it has the potential to enhance the growing significance of the Port of Esperance to the State-wide freight system.

· The lack of mention of this project in the draft State Planning Strategy is of concern and results in a planning document that fails to give strategic direction on this important corridor for the future economic well being of Esperance.

· The Council is aware that proposals have been mooted to alter the PortLink corridor to align with the Wiluna – Meekatharra Road. The Council’s view is that the local desire of the Wiluna and Meekatharra communities to improve connectivity is not sufficient reason to realign the planned corridor and potentially marginalise the Port Link project. The draft State Planning Strategy should make provision for the PortLink project as proposed by the Goldfields‐Esperance Development Commission.

SuperTowns:

· In the Message from the Minister to the ‘Regional Centres Development Plan (SuperTowns) Framework 2011 – 2012 dated 3^rd October 2011, Brendon Grylls MLA, Minister for Regional Development; Lands, comments that:

· “SuperTowns is a Royalties for Regions initiative aimed at encouraging regional communities located in the southern half of Western Australia to plan and prepare for what is predicted to be a doubling of the State’s population over the next 40 years, to almost 4.5 million people.”

· The Framework states that amongst other towns, Esperance was chosen as one of “the nine inaugural SuperTowns which this government believes can play a pivotal role in decentralising the forecast population growth.”

· The Council strongly supports the SuperTowns initiative. The Council is disappointed however to find that this programme is barely mentioned in the draft State Planning Strategy. Of particular concern is that despite the Governments stated intentions with regards to the SuperTowns program, Figure 32 ‘Planning for Land Availability” does not identify Esperance as being within an area of ‘Urban Growth Pressure (housing, industry, and infrastructure)’. This omission has the potential to send confusing signals to future investors and developers as to the Government’s preferred locations for regional development within Western Australia. The Council is committed to giving full effect to the Government’s SuperTowns initiative. The draft State Planning Strategy needs to reinforce that initiative and the Councils’ support of SuperTowns by identifying Esperance as an area of ‘Urban Growth Pressure (housing, industry, and infrastructure)’ in Figure 32.

Subject: Infrastructure Bands

Pages: 22-24

References:

Figure – 14. Planning for spatial dimensions

The Spatial Dimensions – Central Sector

Submission:

Figure 14 is misleading, incorrect, or incomplete for the following reasons:

· Infrastructure Band across Nullarbor is misleading due to entire area between rail line and highway being shaded. In reality this is composed of two thin lines.

· No infrastructure band identified between Kalgoorlie and Esperance even though the rail line in this area is one of the key pieces of infrastructure in the region.

o Additionally the Port Link project is likely to increase this importance especially when upgrades to Esperance Port are taken into consideration.

o This is also supported by the identified NBN links from Esperance to Kalgoorlie.

Page 24 is misleading, incorrect, or incomplete for the following reasons:

· Port Link project and Kalgoorlie intermodal transport hub are not included. This is a significant oversight given the significance of both projects in the sector.

· Focus on Oakajee is misleading in the current context.

· Lack of economic activity area identified out from Esperance towards Ravensthorpe/Lake King, etc misleading given the flow of grain to Esperance from this area (unless agriculture is no longer seen as significant).

Subject: Economic Development

Pages: 28-29

Submission:

The draft State Planning Strategy is purely a state level document and has minimal relevance to individual regions. Economically we no longer compete on a nation by nation, or even state by state basis, instead we compete on a region by region basis with regions determined by the market and not the government. State departments need to be directed to develop policies on a region by region basis and understand that these regions can be different spatially depending on the issue or industry (i.e. the agricultural region around Esperance is a different spatial area to the mining region).

Additionally the need for local decision marking, which has been internationally identified as the only truly successful economic development practice, is ignored in the document. Current top down decision making will stifle long term economic development outcomes.

Subject: Tourism

Pages: 32-34

References:

Figure – 19. Planning for Tourism

Approach

Submission:

· Figure 19 is misleading and incomplete for the following reasons:

o The rail line from Kalgoorlie to Esperance is only a freight line, and does not cater to passenger travel.

o The figure does not address the coastal tourism around Esperance.

o The figure appears to make reference to Wineries in the Esperance region, however it is noted that there is only one winery in the Shire of Esperance.

· The need to provide improved accessibility and reduced costs (both time and monetary) to access many of the natural features of the state is not identified clearly enough. Most of WA’s natural features are located in remote, sparsely populated areas, which usually have limited infrastructure and relatively high time and monetary costs to access. Increasing the infrastructure (including levels of visitor amenity) and reducing the costs to access (and time taken) is vital.

· The Council notes that the Esperance Airport is depicted in Figure 23: Planning for Movement’ as a ‘Regional Airport” The Council is concerned that whilst there are direct flights between Perth and Esperance this is not indicated in the small insert in Figure 23 that shows routes air routes from Perth.

· With respect to the Esperance Airport, the Council has consistently expressed concern that the regulation of its air routes has resulted in decreased competition and potentially lower costs to travellers. Deregulation of existing regulated air routes should also be mentioned in this section, as increasing competition on regional air routes may assist in reducing costs of air fares and hence increase the attractiveness of Esperance and other regional centres as places to visit and do business.

Subject: Planning for Movement

Pages: 44

References:

Figure 23 – Planning for Movement

Submission:

Figure 23 is misleading due to the identification of a corridor stretching from the rail line to the highway. These are two separate links, not a broad corridor.

Subject: Connecting Communities

Pages: 47

References:

Table – 7. A strategic approach to movement

Submission:

‘Reduced travel distance and travel costs’ – while the aim to reduce travel costs is admirable, reduced travel distances is not a realistic aspiration in an environment as vast as WA.

Subject: Planning for Energy

Pages: 52

References:

Figure - 25. Planning for Energy

Submission:

· There no renewable generators identified for Western Australia. Arguably this figure is misleading and suggests that Western Australia is powered solely by fossil fuels. Esperance has a substantial wind farm and there are a number of other renewable power generators, or proposals for future renewable power generators, in WA, such as the Mungarri Estate Solar Farm Proposal.

· The Council notes that Figure 25: ‘Planning for Energy’ depicts extensive gas, geothermal, gas/oil, and uranium deposits in the southern region and relatively close to Esperance. Exploitation of these resources could significantly impact on the economy of Esperance. The Council is disappointed to note however that Section 6.3 ‘Energy’ fails to provide either any perspective on the strategic implications of any scenario involving the future exploitation of these resources, or any strategic direction in relation to these energy resources.

Should you or your staff have any queries regarding these matters or any other please do not hesitate to contact Planning Services, by phone on (08) 9071 0676 or by email at shire@esperance.wa.gov.au.

Ordinary Council: Agenda

26 February 2013 Page 52

Item: 12.1.5

Development Application - Outbuilding on Lot 113 No 42 Alana Road, Gibson

Author/s	Nicholas Kleinig	Development Services Officer
Authorisor/s	Richard Hindley	Director Development Services

File Ref: P4253

Applicant

D M & E N Smith

Location/Address

Lot 113 (42) Alana Road, Gibson

Executive Summary

This report is put to Council for determination on a matter relating to an oversize outbuilding on Lot 113 (42) Alana Road, Gibson for D M & E N Smith. The proposal was advertised to all adjoining landowners as variations to the ridge height, wall height and floor area exceed the provisions of Council’s Local Planning Policy: Outbuildings. One objection was received during this statutory advertising period. The officer recommendation is for refusal due to areas of non-compliance with Council Policy.

Recommendation in Brief

That Council refuse Development Application 10.2013.2162.1 for the development of an oversize outbuilding on Lot 113 (42) Alana Road, Gibson due to non-compliance with the provisions of Council’s Local Planning Policy: Outbuildings.

Background

The application was lodged with Planning Services on 11 January 2013 by the landowners D M & E N Smith for a proposed outbuilding at Lot 113 (42) Alana Road, Gibson. Plans, application details and a supporting letter are attached (see Attachment A).

The subject site is approximately 5,978 square metres in area, and is zoned ‘Country Town’ with a designation of ‘Rural Residential’ under the Local Planning Strategy.

The proposed outbuilding has a total floor area of 360m², a ridge height of 6.883m and a wall height of 6.178m (heights of ‘lean-to’ sections vary - refer to plans). Council Policy allows for a floor area of up to 200m² (per lot), a 6 metre ridge height and eaves to 4.5 metres in height.

The landowners plan to remove the existing outbuilding to make way for the proposed outbuilding.

In accordance with the provisions of Council’s Local Planning Policy: Outbuildings, the proposed outbuilding requires a referral to Council for determination, with the Policy stating:

“Should unfavourable comment be received from the affected adjoining landowners (that is not considered frivolous or vexatious by the Chief Executive Officer, or cannot be resolved by negotiation), the planning application is to be referred to Council for determination.

After due assessment of the planning application, should the recommendation be for refusal (regardless of the comments from the affected adjoining landowner’s), the planning application would be referred to Council for determination.”

In this instance, following statutory advertising, unfavourable comments were received from one affected adjoining landowner (see Attachment B). Additional to this, the officer’s recommendation is for refusal based on floor area, ridge heights and wall heights significantly exceeding the provisions of Council Policy.

The landowner was notified of the objecting party’s concerns, and their submission and further justification in response to these concerns is attached (see Attachment C).

Officer’s Comment

In accordance with Council’s Local Planning Policy: Outbuildings, the provisions relating to outbuildings on this property are as follows:

1.) A maximum (cumulative) floor area per lot of 200m²;

2.) A maximum ridge height of 6 metres; and

3.) A maximum wall height of 4.5 metres.

This application does not comply with the requirements of Council’s Local Planning Policy: Outbuildings, with proposed specifications as follows:

1.) A proposed (cumulative) floor area of 360m²;

2.) A proposed ridge height of 6.883 metres; and

3.) A proposed wall height of 6.178 metres.

Note that heights of the ‘lean-to’ sections of the outbuilding vary; see plans for further details.

The proposed outbuilding significantly exceeds the size provisions of Council’s Local Planning Policy: Outbuildings, would adversely impact visual amenity of the surrounding area and would set an undesirable precedent if Council were to grant approval. Taking these matters into consideration it is recommended that Council refuse Development Application 10.2013.2162.1 for the development of an oversize outbuilding on Lot 113 (42) Alana Road, Gibson due to non-compliance with the provisions of Council’s Local Planning Policy: Outbuildings.

Council does however have the ability to exercise discretion in the application of Policy requirements under Part 2.3.2 of Local Planning Scheme No 23.

Options

Option 1 - Officer Recommendation

“That Council refuse Development Application 10.2013.2162.1 for the development of an oversize outbuilding on Lot 113 (42) Alana Road, Gibson due to non-compliance with the provisions of Council’s Local Planning Policy: Outbuildings.”

Option 2 -

“That Council approve Development Application 10.2013.2162.1 for the development of an oversize outbuilding on Lot 113 (42) Alana Road, subject to the following standard conditions:

1. Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plan(s) unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. The works involved in the implementation of the development must not cause sand drift and / or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

3. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

4. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

5. Development shall be in accordance with the requirements of Council Policy 'Planning for Bush Fire Protection’ (available upon request or at www.planning.wa.gov.au) to the satisfaction of the Shire.

6. The approved outbuilding shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses.

AND the following advice notes:

1. It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

2. It is the responsibility of the developer to search the title of the property to ascertain the presence of any restrictive covenants and / or easements that may apply.

3. This is not a Building Permit. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.”

Consultation

The application was referred to five adjoining and / or impacted landowners for comment per the requirements of Council’s Local Planning Policy: Outbuildings. One submission (an objection, see Attachment B) was received during this statutory advertising period.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

1.) Planning and Development Act 2005;

2.) Local Planning Scheme No. 23; and

3.) Local Planning Policy: Outbuildings

Policy Implications

The policy implications arising from this report are:

1.) Local Planning Policy: Outbuildings.

Strategic Implications

Strategic Community Plan 2012 – 2022

Facilitate and guide high quality and efficient building and development across the Shire.

Environmental Considerations

Nil

Attachments

a.	Plans & Supporting Letter - Under Separate Cover
b View.	Letter of Objection
c View.	Landowner Response to Objection & Size Justification

Officer’s Recommendation

That Council refuse Development Application 10.2013.2162.1 for the development of an oversize outbuilding on Lot 113 (42) Alana Road, Gibson due to non-compliance with the provisions of Council’s Local Planning Policy: Outbuildings.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 58

12.2 ENGINEERING SERVICES

Item: 12.2.1

Fleet Asset Management Plan

Author/s	Bill Parry	Asset Management Officer
Authorisor/s	Scott McKenzie	Manager Engineering Administration
	Gavin Harris	Director Engineering Services

File Ref: OAL.2.9

Applicant

Engineering Services

Location/Address

Whole of Shire

Executive Summary

To allow Council to consider the proposed Fleet Asset Management Plan (AMP)

Recommendation in Brief

That Council accept the Fleet Asset Management Plan

Background

The Fleet Asset Management Plan is presented to Council as part of the objectives of the adopted Asset Management Strategy 2012 to 2014.

Officer’s Comment

During the NAMS training conducted in mid 2010, it was highlighted that Council should not ‘adopt’ an Asset Management Plan in isolation until community consultation has been undertaken and agreed levels of service, future priorities and levels of expenditure are determined.

This Plan has been developed using the NAMS format for Small, Rural and Remote Communities. Data has been sourced using the 10 Year Replacement Programs for both Heavy Plant and Light Vehicles, Shire systems including Authority and MARS and relevant staff.

The plan has been developed using methodology based on the IPWEA Plant and Vehicle Management Manual 3^rd Edition, Shire Policies, associated reports outlined within the plan and data maintained within Shire systems. The best management practices detailed in this manual are specific to fleet management and based on published international guidelines.

Assets identified in this plan are summarised as follows:

Asset category	Dimension	Quantity	Current replacement cost	Depreciated replacement cost	Annual depreciation cost
Heavy	Includes graders, loaders, trucks, rollers, road plant	69	$9,827,220	$5,134,788	$973,542
Light	Staff and light operational vehicles	41	$1,600,200	$1,103,067	$228,975
Misc.	Includes mowers, trailers, caravans, other minor plant	44	$1,015,850	$418,118	$60,625
TOTAL		154	$12,443,270	$6,655,972	$1,263,142

Key assumptions

Key assumptions used in this plan include:

· Assets relating to self funded or externally funded departments have been excluded. They are Home and Community Care (HACC), Fire, Emergency, SES, Airport and Wylie Bay Landfill.

· The Shire’s materiality limit has been applied to exclude individual assets below $5,000.

· Asset condition has not been determined. Asset renewal is based on assessment criteria including utilisation rates, optimisation of values, maintenance planning and whole of life costs.

· Values have been determined using historic and current market data with indexation applied.

Analysis of the data indicates the following:

The Asset Consumption Ratio is 53% (Depreciated Replacement Cost/Current Replacement Cost). This shows the written down value relative to the current replacement cost and highlights the age condition of the stock of physical assets. <50% may indicate a rapid consumption of assets, 60% represents an adequate usable level of service, >75% may indicate over-investment.

The Sustainability Ratio is 71% (Renewal expenditure/Depreciation expense). This is a measure of the extent to which assets are being replaced as they reach the end of their useful lives. <90% may indicate under investment in renewal, 90 – 110% represents a sustainable asset renewal rate, >110% may indicate over-investment.

The Asset Renewal Funding Ratio is 65% (NPV planned renewal expenditure over 10 years / NPV required renewal expenditure over 10 years). This is an indicator of the ability of local government to fund its future asset renewals and replacements. 95 -105% is a suitable target.

The projected costs to provide the services covered by this AMP include operations, maintenance, renewal and upgrade of existing assets over the 10 year planning period. Council’s present renewal funding levels are considered insufficient to continue to provide existing services at the current levels.

The following chart shows projected renewal, budgeted renewal and projected gap over the 10 year plan period.

The following chart represents the projected renewal expenditure and average annual renewal expenditure for that asset group and indicates that the renewal gap lies primarily with Heavy Plant.

The following table demonstrates the current annual average renewal funding over the next ten years resulting in a significant cumulative renewal shortfall.

Year	Projected Renewals	Planned Renewal Budget	Renewal Funding Shortfall (-ve Gap, +ve Surplus)	Cumulative Shortfall (-ve Gap, +ve Surplus)
2012 - 2013	$1,390,830	$893,761	-$497,069	-$497,069
2013 - 2014	$1,636,150	$920,574	-$715,576	-$1,212,646
2014 - 2015	$1,311,676	$948,191	-$363,485	-$1,576,131
2015 - 2016	$1,895,672	$976,637	-$919,035	-$2,495,166
2016 - 2017	$1,435,530	$1,005,936	-$429,594	-$2,924,760
2017 - 2018	$1,578,478	$1,036,114	-$542,364	-$3,467,125
2018 - 2019	$1,430,946	$1,067,197	-$363,748	-$3,830,873
2019 - 2020	$1,620,754	$1,099,213	-$521,541	-$4,352,413
2020- 2021	$1,615,522	$1,132,190	-$483,332	-$4,835,745
2021- 2022	$1,747,728	$1,166,155	-$581,572	-$5,417,318
2022 - 2023	$1,778,176	$1,201,140	-$577,036	-$5,994,354

The following table outlines the proposed improvement plan and goals for Fleet assets.

Task No	Task	Responsibility	Timeline
1	Review and Implement a process to ensure the Asset Database is maintained and accurate	Engineering Services	2012/13
2	Review risk register and implement treatment plans.	Community Services	2012/13
3	Review staffing levels within the workshop to support the fleet maintenance schedule	Engineering Services	2013/14
4	Review and implement a dedicated Fleet Management System to support best fleet management practices	Engineering Services	2013/14
5	Review workshop facilities required to provide current and future fleet maintenance requirements.	Engineering Services	2013/14
6	Review desired levels of service and determine renewal priority or other options	Corporate Services Engineering Services	2013/14
7	Develop and implement operational and maintenance guidelines and link to service levels.	Engineering Services	2013/14
8	Further develop financial tracking of Maintenance and Renewal expenditure.	Engineering Services Financial services	2013/14
9	Review the integration of the fleet asset register with the financial systems for Long Term Planning	Engineering Services Financial services	2013/14

Consultation

This AMP has been the subject of review by relevant Engineering Services management staff.

Financial Implications

The Shire’s Fleet Assets are currently estimated at $12,443,270

This AMP includes a financial summary which outlines current values and expenditure and identifies the Shire’s performance against established Department of Local Government KPI’s.

Should the Shire continue with its current funding arrangement it will result in a funding shortfall over the next 10 years of approx. $6M. This funding shortfall and the resultant inadequate renewal of plant will impact works, services, the mobilisation of plant, materials, staff and ultimately the desired or agreed levels of service.

Asset Management Implications

Refer to the Fleet Asset Management Plan attached under separate cover.

Policy Implications

Nil

Strategic Implications

The Strategic Community Plan goals, strategies, outcomes and measures will be outlined in the Corporate Business Plan currently under development.

Environmental Considerations

There are no environmental considerations identified in this plan.

Attachments

Fleet Asset Management Plan 2013 - Under Separate Cover

Officer’s Recommendation

That Council;

1) Accept the Fleet Asset Management Plan (including the 10 year plant replacement program), and;

2) Include the Renewal Program in the long term financial plan.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 63

Item: 12.2.2

RFQ 24-12 Replacement of the Waste Facility Track Loader

Author/s	Neil Williams	Manager Engineering Assets
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F12/3991

Applicant

Internal

Location/Address

Engineering

Executive Summary

To consider quotations for the supply, delivery and licensing of one front end loader utilising the trade in of the Shire’s existing 2005 Caterpillar track loader and the outright purchase offers received in relation to a WALGA disposal tender.

Recommendation in Brief

That Council accept the quotation RFQ 24 -12 from Westrac Pty Ltd for the supply, delivery and licensing of one Caterpillar 930K Loader and trade in the Shire’s existing 2005 Caterpillar Track Loader.

Background

Waste management staff reviewed the usage and versatility of the existing waste facility track loader in relation to current waste management procedures and determined a wheel loader fitted with a waste protection kit would be more suitable. On this basis it was decided to replace the existing track loader with a wheel loader.

The WALGA Preferred Supplier System was used to obtain quotes from the three (3) suppliers of loaders being Westrac Pty Ltd, CJD Equipment Pty Ltd, and McIntosh & Son.

WALGA was engaged to run a tender for the disposal of the Shire’s existing tracked loader which was advertised on Wednesday the 5^th December, 2012 and closed Wednesday 12^th December, 2012. No tenders were received for the outright purchase of the Track Loader under the WALGA disposal tender RTF 048-12 (Plant 4).

Three quotations were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	70%
Mechanical Assessment	20%
Provision of Service Abilities	5%
Operator Assessment	5%

The assessment matrix (below) allows the tenders / quotations to be evaluated in an unbiased manner where by the supplier with the highest overall points may be considered to be the most advantageous quotation. This is to be used as a guide only during the assessment and is not necessarily binding.

Officer’s Comment

Shire staff evaluated three machines from the supplied technical information, photos, internet, discussion with the various sales representatives and previous experience.

Assessment

Company	Westrac Pty Ltd	CJD Equipment Pty Ltd	Mcintosh and Son
Make and Model	Caterpillar 930K	Volvo L60F	Case 721F
Score	98.13	88.26	84.86

From the above table the company with the best score based on the assessment criteria is Westrac Pty Ltd and is the preferred supplier.

The Caterpillar 930K is also the preferred Loader due to Westrac having a local mechanical service centre located in Esperance. This has in the past allowed for any mechanical issues to be resolved in a timely manner and thus allowing our plant and equipment to operate at its optimum levels.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Waste Management Supervisor

Director of Engineering Services

Financial Implications

Council has allocated $450,000 (excluding GST) net changeover in its 2012/13 Budget. The net actual changeover for this loader is $181,640 (excluding GST) under budget

Asset Management Implications

It is important to ensure that fleet is changed over at the optimal time where by a suitable trade value is obtained while limiting the need to undertake significant maintenance on plant prior to trading. This ensures that Council keeps a modern, up to date fleet that is capable of undertaking the significant work required within the Shire of Esperance

Statutory Implications

Local Government (Functions and General) Regulations 1996 Part 4 and Section 3.57 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

3.1 Deliver a diverse range of affordable services and infrastructure across the Shire.

3.3 Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users.

3.5 Maintain the Shire’s robust asset management practices and maintenance programs.

Environmental Considerations

Nil

Attachments

a .

RFQ 24-12 Replacement of the Waste Facility Track Loader - Confidential

Officer’s Recommendation

That Council accept quotation RFQ24-12 from Westrac Pty Ltd for the supply, delivery and licensing of one new 2013 Caterpillar 930K Front End Loader as specified utilising trade in of the Shire’s existing 2005 Caterpillar Track Loader, Shire ID L53, Plant ID. 117006.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 66

Item: 12.2.3

RFQ 19-12 Replacement of a Prime Mover

Author/s	Neil Williams	Manager Engineering Assets
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F12/3878

Applicant

Internal

Location/Address

Engineering

Executive Summary

To consider quotations for the supply, delivery and licensing of one prime mover utilising the trade in of the Shire’s existing 2007 Mitsubishi prime mover and the outright purchase offers received in relation to a WALGA disposal tender.

Recommendation in Brief

That Council not accept outright purchase offers under WALGA disposal tender RFT 048_12 (Plant 1).

and accept the quotation RFQ 19 -12 from Daimler Trucks Perth for the supply, delivery and licensing of a Prime Mover and trade in the Shire’s existing 2007 Prime Mover.

Background

The WALGA Preferred Supplier System was used to obtain quotes from the three (3) suppliers of trucks being Daimler Trucks Perth, Truck Centre (WA) Pty Ltd and WA Hino. These quotations incorporated manual and automatic transmission options.

WALGA was engaged to run a tender for the disposal of the Shire’s existing Prime Mover which was advertised under WALGA Disposal Tender RFT 048-12 (Plant1) on Wednesday the 5^th December, 2012 and closed Wednesday 12^th December, 2012. Two companies submitted tenders and where the tender offer was greater than the dealer trade in offer it was considered in the evaluation process.

Three quotations with the Automatic option were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	70%
Mechanical Assessment	20%
Provision of Service Abilities	5%
Operator Assessment	5%

Officer’s Comment

Shire staff evaluated the machinery from the supplied technical information, photos, internet, discussion with the various sales representatives and previous experience.

Assessment

Company

Daimler Trucks Perth

WA Hino

Truck Centre

Make and Model

Fuso FV51SK3VFAA

Automatic Transmission

Hino 700 Series FS2844

Automatic Transmission

Nissan UD GW26470H19L

Automatic Transmission

Score

91.16

85.98

77.55

The automatic transmission option in these trucks has been assessed and is the preferred option for the following reasons:

- Increases the number in potential truck driver employees – Drivers who have an automatic license cannot be employed to drive manual trucks.

- Occupational Health and Safety – Drivers of an automatic suffer less fatigue.

- Minimal Cost difference (about $10,000 more for a prime mover automatic option).

- Manual and Automatic can have similar fuel usage figures dependant upon driver technique.

- The industry trend is towards automatic – Fuso does not supply a manual transmission.

- Potential for less transmission damage.

- An automatic should have a lower whole of life cost than a manual (Verbal advice from Uniquo Consultancy indicated the automatic should have higher resale value and lower servicing costs however data in relation to this is limited)

From the above table the company with the best score based on the assessment criteria is Daimler Trucks and is the preferred supplier.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisor

Director of Engineering Services

Financial Implications

Council has allocated $130,000 (excluding GST) net changeover in its 2012/13 Budget. The net actual changeover for this truck is $7,520 (excluding GST) under budget

Asset Management Implications

Statutory Implications

Local Government (Functions and General) Regulations 1996 Part 4 and Section 3.57 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

3.1 Deliver a diverse range of affordable services and infrastructure across the Shire.

3.3 Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users.

3.5 Maintain the Shire’s robust asset management practices and maintenance programs.

Environmental Considerations

Nil

Attachments

RFQ 19-12 Replacement of a Prime Mover - Quotation Summary - Confidential

Officer’s Recommendation

That Council

1) Not accept the outright purchase offers from PVT Sales Pty Ltd or Brigold Pty Ltd under WALGA disposal tender RFT 048_12 (Plant 1); and

2) Accept quotation RFQ19-12 from Daimler Trucks Perth for the supply, delivery and licensing of one new Fuso FV51SK3VFAA (Automatic Transmission) as specified utilising trade in of the Shire’s existing 2007 Mitsubishi Prime Mover Registration E24062, Shire ID T97, Plant ID. 67006.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 69

Item: 12.2.4

RFQ 21-22 Replacement of a Vibrating Drum Roller

Author/s	Neil Williams	Manager Engineering Assets
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F12/3880

Applicant

Internal

Location/Address

Engineering

Executive Summary

To consider quotations for the Supply, Delivery and Licensing of One Vibrating Drum Roller utilising the trade in of the Shire’s existing 2004 Vibrating Drum Roller and the outright purchase offers received in relation to a WALGA disposal tender.

Recommendation in Brief

That Council not accept outright purchase offers under WALGA disposal tender RFT 048_12 (Plant 3) and accept the quotation RFQ 21 -12 from Wirtgen Australia for the supply, delivery and licensing of a Vibrating Drum Roller and trade in the Shire’s existing 2004 Vibrating Drum Roller.

Background

The WALGA Preferred Supplier System was used to obtain quotes from the three (3) suppliers of rollers being Wirtgen Australia, Atlas Copco Construction Equipment Australia and McIntosh & Son. Two quotations were received with no submission from McIntosh & Son.

WALGA was engaged to run a tender for the disposal of the Shire’s existing Vibrating Drum Roller which was advertised under WALGA Disposal Tender RFT 048-12 (Plant3) on Wednesday the 5^th December, 2012 and closed Wednesday 12^th December, 2012. One company submitted a tender however there was no cost benefit to council so no further consideration was given to the submission.

Two quotations were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	70%
Mechanical Assessment	20%
Provision of Service Abilities	5%
Operator Assessment	5%

Officer’s Comment

Shire staff evaluated the machinery from the supplied technical information, photos, internet, discussion with the various sales representatives and previous experience.

Assessment

Company	Wirtgen Australia	Atlas Copco
Make and Model	Hamm HD12VV	Dynapac CC1200
Score	95	90

The Hamm HD12VV was assessed as the most suitable replacement for the current plant. The existing roller is the same make and but older model and provided good service with no major issues.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisor

Financial Implications

Council has allocated $22,000 (excluding GST) net changeover in its 2012/13 Budget. The net actual changeover for the roller is $5,500 (excluding GST) over budget.

Asset Management Implications

Statutory Implications

Local Government (Functions and General) Regulations 1996 Part 4 and Section 3.57 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

3.1 Deliver a diverse range of affordable services and infrastructure across the Shire.

3.3 Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users.

3.5 Maintain the Shire’s robust asset management practices and maintenance programs.

Environmental Considerations

Nil

Attachments

RFQ 21-12 Replace a Vibrating Drum Roller - Confidential

Officer’s Recommendation

That Council

1) Not accept the outright purchase offer from PVT Sales Pty Ltd under WALGA disposal tender RFT 048_1 (Plant 3); and

2) Accept the quotation RFQ 21 -12 from Wirtgen Australia for the supply, delivery and licensing of a HAMM HD 12VV Vibrating Drum Roller and trade in the Shire’s existing 2004 HAMM HD12 Vibrating Drum Roller Reg. E20826, Shire ID FR8, Plant ID 134004.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 72

Item: 12.2.5

RFQ 20-12 Replacement of an Eight Wheel Tip Truck

Author/s	Neil Williams	Manager Engineering Assets
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F12/3879

Applicant

Internal

Location/Address

Engineering

Executive Summary

To consider, quotations for the Supply, Delivery and Licensing of one Eight Wheel Tip Truck utilising the trade in of the Shire’s existing 2007 Mitsubishi Fuso Eight Wheel Tip Truck and the outright purchase offers received in relation to a WALGA disposal tender.

Recommendation in Brief

That Council not accept outright purchase offers under WALGA disposal tender RFT 048_12 (Plant 2) and accept the quotation RFQ 20 -12 from Daimler Trucks Perth for the supply, delivery and licensing of an Eight Wheel Tip Truck (Automatic Transmission) and trade in the Shire’s existing 2007 Eight Wheel Tip Truck.

Background

WALGA was engaged to run a tender for the disposal of the Shire’s existing Eight Wheel Tip Truck which was advertised under WALGA Disposal Tender RFT 048-12 (Plant 2) on Wednesday the 5^th December, 2012 and closed Wednesday 12^th December, 2012. Two companies submitted tenders and as there was no cost benefit to the Shire the submissions were considered in the evaluation process.

There quotations with the automatic transmission option were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	70%
Mechanical Assessment	20%
Provision of Service Abilities	5%
Operator Assessment	5%

Officer’s Comment

Shire staff evaluated the machinery from the supplied technical information, photos, internet, discussion with the various sales representatives and previous experience.

Assessment

Company

Daimler Trucks Perth

WA Hino

Truck Centre

Make and Model

Fuso FS52SS3VFAA Automatic Transmission

Hino 700 series

FY 3248 Automatic Transmission

Volvo FM11 8x4 Automatic Transmission

Score

87.24

88.47

84.90

The automatic transmission option in these trucks has been assessed and is the preferred option for the following reasons:

- Increases the number in potential truck driver employees – Drivers who have an automatic license cannot be employed to drive manual trucks.

- Occupational Health and Safety – Drivers of an automatic suffer less fatigue.

- Minimal difference in the initial purchase price (about $5,000 more for an eight wheeler automatic option).

- Manual and Automatic can have similar fuel usage figures dependant upon driver technique.

- The industry trend is towards automatic – Fuso does not supply a manual transmission.

- Potential for less transmission damage.

The above table indicates the Hino and the Fuso very close in the assessment however the Hino automatic option includes an airbag suspension system which is considered unsuitable for the truck operating conditions.

Daimler Trucks Perth and is the preferred supplier as the Fuso has the specified 6 rod rear suspension.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisor

Financial Implications

Council has allocated $160,000 (excluding GST) net changeover in its 2012/13 Budget. The net actual changeover for this truck is $80 (excluding GST) under budget

Asset Management Implications

Statutory Implications

Local Government (Functions and General) Regulations 1996 Part 4 and Section 3.57 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

3.1 Deliver a diverse range of affordable services and infrastructure across the Shire.

3.3 Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users.

3.5 Maintain the Shire’s robust asset management practices and maintenance programs.

Environmental Considerations

Nil

Attachments

RFQ 20-12 Replacement of an Eight Wheel Tip Truck - Quotation Summary - Confidential

Officer’s Recommendation

That Council

1) Not accept the outright purchase offers from PVT Sales Pty Ltd or Brigold Pty Ltd under WALGA disposal tender RFT 048_12 (Plant 2); and

2) Accept quotation RFQ 20-12 from Daimler Trucks Perth for the supply, delivery and licensing of one Fuso FS52SS3VFAA (Automatic Transmission) Eight Wheel Tip Truck as specified utilising trade in of the Shire’s Existing 2007 Mitsubishi Fuso Eight Wheel Tip Truck, Registration E004, Shire ID T98, Plant ID 63021.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 75

Item: 12.2.6

Playground and Park Seating at Shoresands Estate - Petition

Author/s	Jennifer Parry	Engineering Project Officer
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F12/123

Applicant

Petition instigated by Summer Rose and Emmeshe Bracken

Location/Address

Shoresands Estate

Executive Summary

For Council to receive a petition for infrastructure in park at Shoresands Estate.

Recommendation in Brief

That Council acknowledge the petition and advise the proponents that

1) A review of all public open space (POS) is about to commence that will investigate all requirements for POS including park hierarchy, and the inclusion of infrastructure within each level of park or reserve.

2) Work will be undertaken in the areas of native vegetation and reeds to ensure strong future growth in these areas.

3) A second seat will be installed in the park.

Background

A petition signed by 20 people was tabled at received by Council at the All Purpose Committee Meeting held on 20 November 2012. Miss Rose and Miss Bracken believe that Shoresands Estate in Castletown should have more facilities for families who live there.

Misses Rose and Bracken state that a playground is needed because there is limited play equipment in the Shoresands Estate. They also state that;

1) They have to travel a distance to get to areas with a playground and a pond like Le Grand Estate;

2) Seating around the lake/pond would be beneficial; and

3) The lake/pond should be cleaned regularly and the native vegetation should be encouraged.

Officer’s Comment

A review of Shire public open space (POS) is planned for the near future. This review will highlight the goal to have high quality equipment in strategically placed parks. It is not the Shire’s intention to have play equipment in every park.

A new park in Shoresands Estate is planned when the next stages are developed and is of a larger area than the current park and it would be more suitable to have play equipment located in this park. The park is indicated in green between Magistrate Drive, Bellinger Way, Mondrain Avenue and Pasco Street on the attached Outline Development Plan (ODP) for Lot 9504 Easton Road. This new park, details of which are yet to be finalised, will be less than 400m from the existing park.

There is already one seat around the aforementioned lake/pond, placed in 2012. Officers consider a second seat would be a useful asset to the area and as such will place an order for a suitably styled seat.

Upon inspection the three areas of native vegetation and reeds left in place has started to be overrun by grass and weeds and officers will investigate the availability of appropriate chemicals for selective spraying of unwanted vegetation around the lake/pond which will clear the unwanted foliage whilst encouraging desirable vegetation and improve the ambience in the area.

There was an issue of algae bloom in the lake 4-5 months ago that was inspected by officers and deemed to be a result of low water levels and strong ambient conditions. This may occur on occasions at this lake and the one located at Chantilly Park. The bloom was not harmful to humans and did not present a strong smell at the time. The lake currently has a healthy appearance.

Consultation

Parks and Gardens

Financial Implications

The financial implications arising from this report are nil as all work will be undertaken as part of routine maintenance of the park.

Asset Management Implications

The Shire of Esperance is about to commence a public open space (POS) review that will provide a hierarchy of parks and reserves that will also include a level of service and infrastructure to each level of park. It is acknowledged that the Shire cannot provide every park with every piece of infrastructure and the review will look to create a hierarchy that will allow the best development of POS for the Shire and its ratepayers now and into the future.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

No.1.6 Develop and promote active and passive sport and recreation opportunities for all ages

No.3.1 Deliver a diverse range of affordable services and infrastructure across the Shire

No.3.2 Ensure essential services and infrastructure are aligned to community needs now and in the future

Environmental Considerations

Nil

Attachments

a View.	ODP Lot 9504 Easton Road, Castletown
b View.	Petition - Request for More Park Facilities at Shoresands Estate

Officer’s Recommendation

That Council acknowledge the petition and advise the proponents that

2) Work will be undertaken in the areas of native vegetation and reeds to ensure strong future growth in these areas; and

3) A second seat will be installed in the park.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 83

12.3 CORPORTATE SERVICES

Item: 12.3.1

Request for Concession on Rates - Teen Challenge WA Inc

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: GOL1/060B

Applicant

Teen Challenge WA Inc

Location/Address

1/60B Goldfields Road, Castletown

Executive Summary

For Council to consider applying a concession on rates for property owned by Teen Challenge in Goldfields Road.

Recommendation in Brief

That Council does not grant a concession on rates to Teen Challenge for 1/60B Goldfields Road, Castletown.

Background

Teen Challenge WA Inc is a drug and alcohol rehabilitation program. It has a facility, Grace Academy, situated near Gibson and this property is currently exempt from paying rates as the organisation is a charitable entity as per Section 6.26(2)(g) of the Local Government Act (1995). Teen Challenge has applied in writing for exemption of rates on property it owns at 1/60B Goldfields Road, Castletown. The property is used for:

· Providing low cost accommodation for families of clients at Grace Academy. This enables clients to spend time away from the Centre with their families to aid them in re-establishing broken relationships.

· Providing low cost accommodation for staff on their days off. Staff work a 10 day shift with 4 days off.

The charges for accommodation are minimal at $25 per adult per night and children/clients stay for free. Staff are charged $15 per night.

This property does not satisfy the charitable purpose conditions to be eligible for an exemption from land rates as it provides low cost accommodation for clients’ families and staff and it is separate to the main facility at Gibson. It does not fall into any of the other exemption categories as per Section 6.26 of the Act.

If an exemption did apply it would only be for the rates component of the Rates Notice. In other words the rubbish charges and emergency service levy would still be charged. Currently the rates component is approximately $1,200.

There are currently other exempt or charitable entities that are charged rates. For example:

· Religious bodies that own residential land

· Australian Red Cross shop

· Esperance Aged Care Facility villas that are tenanted

In the past Council have made a donation, in lieu of a rates concession, to Masonic Lodge for $350 during the years 2001, 2006 and 2008. Each time an application had to be made to Council by Masonic Lodge and the application was taken to Council for consideration.

Council are currently paying a rates refund to the Esperance Aged Care Facility for newly built villas that are not currently tenanted.

Officer’s Comment

It is not possible to apply an exemption to the property as it does not satisfy the requirements.

The options available to Council are as follows:

Option 1: Do not apply a concession to Teen Challenge for 1/60B Goldfields Road, Castletown

Option 2: Apply a concession on rates to Teen Challenge for 1/60B Goldfields Road, Castletown as per Section 6.47 of the Local Government Act (1995). The amount of the concession would be at Council’s discretion. (Absolute Majority is required).

It is the officer’s recommendation that Council opts for Option 1.

Teen Challenge is exempt for its main operations at Grace Academy in Gibson and therefore does not pay rates on the property. The property on Goldfields Road is currently used for low cost accommodation but there is no guarantee that the property will remain as such and could become an investment property at any time.

Although it could be argued that the minimal charge per night is “charitable” it may set a precedent with other charitable organisations to request similar rate concessions on properties that charge below a market rate for accommodation.

Consultation

Department of Local Government

Financial Implications

The financial implications arising from this report, if a concession is granted, could be anything up to approximately $1,200 per year.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are Sections 6.47 and 6.26(6) of the Local Government Act (1995).

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

Economic – Deliver a diverse range of affordable services and infrastructure across the Shire.

Civic Leadership – Maintain a clear, transparent and ethical decision making process.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council does not apply a concession on rates to Teen Challenge for 1/60B Goldfields Road, Castletown.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2013 Page 86

Item: 12.3.2

Community Development Fund Budget Allocation 2013/2014

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: F12/178

Applicant

Corporate Services

Location/Address

Internal

Executive Summary

For Council to advertise for applications for Community Development Fund (CDF) for the 2013/2014 Budget.

Recommendation in Brief

That Council advertise for applications for Community Development Fund subject to $250,000 being included in the 2013/2014 draft budget.

Background

The Council allocated a maximum of $250,000 to fund CDF Applications in the 2012/2013 financial year. The decision to allocate these funds was made prior to the draft budget deliberations as the process of calling for grant applications has traditionally occurred in April and May of each year.

CDF History
Year	CDF Approved Pool	No. Applications	CDF Allocation	No. Applications Approved
2010/2011	$250,000	37	$179,829	22
2011/2012	$250,000	37	$227,410	25
2012/2013	$250,000	37	$220,546	28

The above table represents three years historical data of CDF Funding.

The number of applications and allocation amounts in the above table does not include the regular CDF allocations such as Public Relations & Donations; Community Arts & Activities; and Indoor Sports Stadium Subsidy.

Officer’s Comment

During 2012/2013 budget preparations Council allocated $12,000 for Public Relations & Donations; $12,000 for Community Arts & Activities; and $5,000 for Indoor Sports Subsidy. These amounts are included in the CDF Approved Pool amounts in the above table.

Consultation

Nil

Financial Implications

$250,000 represents approximately 2% of rates revenue.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are Section 6.8 Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

Social – 1.6 Develop and promote active and passive sport and recreation opportunities for all ages.

1.7 Facilitate and promote arts and cultural activities for all ages.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council advertise for applications for Community Development Fund subject to $250,000 being included in the 2013/2014 draft budget.

Voting Requirement Simple Majority

Disclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Declaration of Interest (Notes for Your Guidance)

Author/s	Rebecca Warren	Engineering Trainee Administration Officer
Authorisor/s	Jennifer Parry	Engineering Project Officer
	Gavin Harris	Director Engineering Services

a View.	Letter - Request for Extension - Keenan Road
b View.	Petition - Request for Extension - Keenan Road

a.	Audit Committee Minutes 12 February 2013 - Under Separate Cover
b View.	Shire of Eperance 2012 Compliance Audit Return

Author/s	Amelia Fitzgerald	Minutes Secretary
Authorisor/s	Matthew Scott	Chief Executive Officer