Ordinary Council: Agenda

23 July 2013 Page 4

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.

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

23 July 2013 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 23 July 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 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

Cr B Stewart, JP until 20 August 2013

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. Public question time

Nil

8. public address/deputations

9. Petitions

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 25 June 2013, and the Special Council Meeting of the 27 June 2013 be confirmed as true and correct records.

Voting Requirement Simple Majority

Officer’s Recommendation

That the minutes (included in the Councillors Information Bulletin – July 2013) of the following

1. Esperance Tourism Advisory Committee – 14 May 2013

2. Museum Management Committee – 3 April 2013

3. Esperance Twin Towns Committee – 18 March 2013

4. Shire of Esperance Arts Collection Committee – 14 March 2013

5. Shire of Esperance Arts Collection Committee – 18 April 2013

6. Lake Monjingup Development Community Group – 1 May 2013

7. Lake Monjingup Development Community Group – 5 June 2013

8. Shire of Esperance Arts Collection Committee – 6 June 2013

9. Greater Sports Ground Redevelopment Committee – 14 May 2013

10. Greater Sports Ground Redevelopment Committee – 5 July 2013

11. GVROC Council Meeting – 28 June 2013

12. GERG Meeting – 28 June 2013

Be received.

Voting Requirement Simple Majority

11. delegates reports without discussion

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 Development Services

Item: 12.1.1

Proposed road Closure for a Road Reserve on the Corner of Chartwell Lane and Murray Road

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

File Ref: F12/161

Applicant

Shire of Esperance (Development Services)

Location/Address

Portion Chartwell Lane, Dalyup

Executive Summary

That Council commence considers commencing a road closure process for a road reserve on the corner of Chartwell Lane and Murray Road. This closure will progress a land swap/resumption agreement supported by Council at the May 2013 Ordinary Council meeting (O0413-011). The agreement will ensure that a portion of Chartwell Lane will be widened to ensure safe movement for larger vehicles.

Recommendation in Brief

That Council commence the closure process for a road reserve on the corner of Chartwell Lane and Murray Road.

Background

At its Ordinary Council Meeting held on 26th May 2013, Council resolved (O0413-011) (Attachment A):

“That Council commence the process to amalgamate 126,535m² of road reserve into Lot 558 Chartwell Lane and resume 19,705m² from Lot 558 Chartwell Lane (as per the attached plan) and agrees to the following –

1) All pushed up gravel to be removed from the affected land

2) All costs for the fencing, surveying, title adjustment and new title be met by Council

3) Pay $3,000 out of pocket expenses

4) Rehabilitate all areas disturbed for gravel rehabilitation.”

Council’s approval of the land resumption/swap will ensure that a portion of Chartwell Lane will be widened to ensure safer movement for larger vehicles.

This proposed road closure is required to fulfill the requirements of the land resumption and land swap resolved by Council.

Officer’s Comment

From a planning and engineering perspective, the approach to pursue the road closure is appropriate. The portion of road reserve that is proposed to be closed will form part of the land swap area to be amalgamated with Lot 558 (plan of closure is Attachment B). The land resumption/swap of land will result in a portion of Chartwell lane being widened to ensure safe movements for large vehicles. Furthermore, it will ensure the Shire of Esperance has complied with Council resolution (O0413-011).

This part of the road closure is the first part of a 2 part process. If Council resolves to initiate the road closure it will be the subject of a public advertising period as per the provisions of the Land Administration Act 1997. After the advertising period has been completed, a further report will be prepared for Council’s consideration such that the comments received during the advertising period can be taken into consideration and for a formal recommendation to be made accordingly. Should Council wish to proceed with the closure a formal request would be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road portion and amalgamate the portion of road reserve into Lot 558.

Consultation

External Consultation

To date, extensive consultation has already occurred between Engineering Services and the owner of Lot 558 (Mr & Mrs White) in determining the land swap and land resumption process.

The road closure process operates under Section 58 of the Land Administration Act 1997, which requires a minimum 35 day public comment/referral period to all affected landowners and government agencies are to be consulted. A notice is also required to be published in a newspaper circulation in the district.

Internal Consultation

Engineering Services have no objection to this proposal

Financial Implications

Once the process has commenced, all costs associated with the road closure process in regard to title adjustments and new titles are to be met by The Shire of Esperance.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

Economic

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

Environmental Considerations

Nil

Attachments

a View.	Minutes and report of O0413-011
b View.	Road Closure Plan

Officer’s Recommendation

That Council commence a road closure process for a portion of road reserve on the corner of Chartwell Lane and Murray Road (as per Attachment B) in accordance with Section 58 of the Land Administration Act 1997.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 24

Item: 12.1.2

Local Planning Scheme No. 23 Amendment No. 16

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

File Ref: F13/568

Applicant

Planning Services

Location/Address

Various

Executive Summary

For Council to consider initiating Amendment 16 to Local Planning Scheme No. 23 to update the Scheme Maps and to correct a number of mapping omissions and errors that have been identified since Gazettal of the Scheme.

Recommendation in Brief

That Council initiate Amendment 16.

Background

Notice of Final Approval of the Shire of Esperance Local Planning Scheme No. 23 (‘the Scheme’) was published in the Government Gazette on 19 February 2010.

This amendment seeks to update the Scheme maps to better respond to the needs of the Shire of Esperance and in some cases to correct mapping omissions and errors that have been identified since the gazettal of the Scheme.

This amendment seeks to increase the maximum density in Castletown through the application of higher density codes under the Residential Design Codes. This includes application of R20 to developed R12.5 zoned areas, R30 to Residential zoned lots lacking an R-Code between Goldfields Road, Westmacott Street and Mitchell Street and increasing the density of land between Goldfields Road, Mitchell Street, Walmsley Street and Chaplin Street. This will enable more uniform application of residential density with the R20 density being applied to a large area of existing development and smaller areas of R30 to be established. It should be noted that an earlier amendment to Town Planning Scheme No. 22 introduced the R20, R25 and R30 densities over the majority of the Esperance urban area.

The movement of a number of lots to the ‘Public Purpose’ reserve is based on the existing use and tenure of the land, for example the Quarry Road Bushfire Brigade and Wongutha CAPS. This amendment and also removes dual zonings on land that has been subject to recent amalgamations such as the Airport and Esperance Christian Primary School.

Application of the ‘Parks, Recreation and Conservation – Local’ reserve to Lots 205, 207 and 300 Stable Road and the Lot 26 South Coast Highway is proposed due to environmental or developmental constraints, including proximity to the Lake Warden Catchment and the South Coast Highway that severely restrict the development potential of the land. It is noted that all of these lots are crown land.

Application of ‘Industry – General’ to Lot 502 South Coast Highway and Lot 55 McLeans Road is proposed due to the lots becoming isolated from the main body of Development Area 5 due to the subdivision of Lot 9000 South Coast Highway it is considered prudent to apply an industrial zoning to the land rather than leave isolated pockets of Development Area 5. Given the size and location of the lots the future development of the remainder of Development Area 5 will not be prejudiced.

Lots 359-361 Norseman Road were originally rezoned from ‘Shops and Offices’ to ‘Industry – Business’ when Local Planning Scheme No. 23 was gazetted. Since this rezoning, difficulties have arisen with the use of the buildings due to their small size and the limited array of uses available in the Industry – Business zone. To alleviate these issues, reapplying the original ‘Shops and Offices’ zone is the most suitable solution.

Rezoning Lot 501 Orleans Bay Road is proposed due to the need to bring development in Condingup in line with the Drinking Water Source Protection Plans for the Country Town site. In the case of Condingup, the Drinking Water Source Protection Plans indicate that the land falls inside Special Control Area 4 Groundwater Protection Area – Priority Area 1, which prevents subdivision. Redesignating the land as the ‘Parks, Recreation and Conservation – Local’ reserve recognises the constraints of the land and complies with the Drinking Water Source Protection Plan. It should be noted that this is crown land.

Rezoning of lots around Starr, McLennan, Dolling and Walker Streets, and Alana Road and Lot 11 Coolgardie-Esperance Highway in Gibson is also triggered by the Drinking Water Source Protection Plan, with the lots falling under Special Control Area 4 Groundwater Protection Area – Priority Area 2 which has a minimum lot size requirement of 2 hectares. As 2 hectares falls within the recommended lot sizes of the ‘Rural Residential’ zone, and the existing ‘Country Town’ zone has no listed minimum lot sizes, rezoning the subject lots to ‘Rural Residential’ will recognise the constraints of the land and complies with the Drinking Water Source Protection Plan.

Lot 619 Sims Street and Lot 623 Collett Street are freehold land currently reserved for ‘Public Purpose’. As these lots are freehold land and are utilised for industrial purposes, leaving them as the ‘Public Purpose’ reserve is not appropriate. Rezoning to ‘Industry – General’ recognises the existing use and ownership arrangements.

Application of R-Codes to areas of Sinclair and Nulsen that currently lack R-Codes will enable greater control and development potential of land that is currently restricted by Clause 5.3.1(e) which restricts the development of residential land without an R-Code to R12.5. Application of R20 to lots between Johns and Moir Streets, between Johns, Parson and Ocean Streets and to Lot 11 Winston Way is the most suitable arrangement given the prevalence of R20 in adjacent areas and with availability of reticulated sewer.

The RR8 notation on the Scheme Maps was placed there is error and does not reference any current part of the Scheme, hence it is proposed to be removed.

Modifications to Lots 102, 501, 502 and 503 Pink Lake Road have been necessitated due to the land swap that formed Lots 501, 502 and 503 and require the rezoning of Lots 501, 502 and 503 to ‘Important Local Road’ from ‘Residential’ with the R20 density being applied and the removal of ‘Parks, Recreation and Conservation – Local’ reserve from Lot 102 in favour of ‘Residential’ with the R20 density being applied.

Rezoning of Lots 477, 761 and 765 Stable Road has previously been discussed with the landowners of the lots in question. As the lots are not able to be developed for Industrial purposes under the current ‘Industry – General’ zone due to the majority of the lots being comprised of wetlands which are directly connected to the Lake Warden Catchment, it is seen that rezoning of the lots to ‘Residential’ with no R-Code will permit some development of the lots to take place with minimal impact on the Lake Warden ecosystem.

The Department of Water has recently advised that Special Control Area 4 in the Condingup Townsite and Gibson are incorrectly labelled on the Scheme Maps, Special Control Area 4 in the Condingup Townsite should be labelled SCA4C-P2 and SCA4G-P3 around Gibson as SCA4G-P2 for consistency with Department of Water documents.

The Department of Water has also provided revised maps for Special Control Area 4 around Esperance. These revised maps include a several modifications to the boundaries of the Special Control Area and the Priority Areas which require amendments be made to the Scheme Maps.

Officer’s Comment

This amendment seeks to make a number of modifications to the Scheme Maps as outlined above. These changes are consistent with the Local Planning Strategy and consist of updates to the Scheme Maps and the correction of a number of mapping omissions and errors that have been identified since Gazettal of the Scheme.

This amendment makes a number of changes to the Scheme Maps and can be looked at as a major update to the Scheme Maps of Local Planning Scheme No. 23.

A full copy of the amendment documentation is attached (See Attachment A).

Consultation

A 42 day advertising period applies for amendment which will commence upon receipt of comments from the EPA.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Town Planning Regulations 1967

Local Planning Scheme No. 23

Policy Implications

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Environmental Considerations

Nil

Attachments

a View.

Amendment No.16

Officer’s Recommendation

That Council, pursuant to Section 75 of the Planning and Development Act 2005:

1. Initiate Local Planning Scheme No. 23 – Amendment No. 16

2. Amend Local Planning Scheme No. 23 by:

i. Applying a specific density code on the Scheme map of R20 to Lots 813-829, 843-853 and 986-989 Baleine Drive, Lots 917-920 Biscay Lane, Lots 877-880 Burton Road, Lots 127-129 Canard Way, Lots 796-812 and 977-980 Cannes Parade, Lots 940-954 and 967-976 Chantilly Circuit, Lots 83,88,89,91,122 and 123 Cloud Street, Lots 958-966, 990-995 Cologne Street, Lots 1050-1053 Cull Close, Lots 773-793 and 916 Dauphin Crescent, Lots 741-759 Easton Road, Lots 997-1001 Foin Lane, Lots 830-840, 854-862, 1011 and 1012 Goldfields Road, Lots 112-119, 121, 124-126, 130-140, 143 and 144 Gunton Circuit, Lots 51-59 and 61-69 Hastings Crescent. Lots 96-102 Hood Way, Lots 867-874 and 882-885 Lyon Parade, Lots 1-6,60 and 80, Lots 181-183, 727-738, 766-769, 822 and 823, Lots 841, 842 and 875 Monet Avenue, Lots 86, 87 and 1045-1048 Ram Court, Lots 70-79, 81, 82, 84, 85, 90, 92, 179, 180, 199, 200 and 1041-1044 Remark Drive, Lots 900-913 and 925-939 Saison Street, Lots 981-985, 996 and 1003-1007 Sommet Street, Lots 863-866, 886-898 and 921 St Germaine Avenue, Lots 1055-1060 Waterlily Way and Lots 1027-1040 Woody Avenue as depicted on the Amendment Map.

ii. Amending the Scheme Map by rezoning Lot 132 Quarry Road, Myrup from ‘Rural Residential’ to ‘Public Purpose’ with a reserve designation of ‘Emergency Services’ as depicted on the Amendment Map.

iii. Amending the Scheme Map by rezoning Lot 502 South Coast Highway and Lot 55 McLeans Road, Chadwick from ‘Future Commercial/Industrial’ and ‘Development Area 5’ to ‘Industry – General’ as depicted on the Amendment Map.

iv. Amending the Scheme Map by rezoning Lot 506 South Coast Highway from ‘Future Commercial/Industrial’ and ‘Development Area 5’ to ‘Parks, Recreation and Conservation – Local’ as depicted on the Amendment Map.

v. Amending the Scheme Map by rezoning Lots 207, 205 and 300 Stable Road, Chadwick from ‘Rural Residential’ to ‘Parks, Conservation and Recreation – Local’ as depicted on the Amendment Map.

vi. Amending the Scheme Map by rezoning Lot 26 South Coast Highway from ‘Agriculture – General’ to ‘Parks, Conservation and Recreation – Local’ as depicted on the Amendment Map.

vii. Amending the Scheme Map by rezoning Lot 3 Gibson Road, Gibson from ‘Agriculture – General’ to ‘Public Purpose’ with a reserve designation of ‘Primary School/High School’ as depicted on the Amendment Map.

viii. Amending the Scheme Map by rezoning Lots 359-361 Norseman Road from ‘Industry – Business’ to ‘Shops and Offices’ as depicted on the Amendment Map.

ix. Amending the Scheme Map by rezoning Lots 64, 1016, and 63 Piesse Street and Lot 1017 Blake Street, Sinclair from ‘Future Residential’ and ‘Development Area 3’ to ‘Public Purpose’ with a reserve designation of ‘Primary School’ as depicted on the Amendment Map.

x. Amending the Scheme Map by rezoning Lot 501(Reserve 27785) Orleans Bay Road from ‘Agriculture – General’ and ‘Country Town’ to ‘Parks, Recreation and Conservation – Local’ as depicted on the Amendment Map.

xi. Amending the Scheme Map by rezoning Lots 107-109, 113 and 115-118 Alana Road, Lot 11 Coolgardie-Esperance Highway, Lots 110-112 and 114 McLennan Street, Lots 106, 119 and 120 Starr Street and VCL Walker Street from ‘Country Town’ to ‘Rural Residential’ as depicted on the Amendment Map.

xii. Amending the Scheme Map by rezoning Lot 619 Sims Street and Lot 623 Collett Street, Chadwick, from ‘Public Purpose’ to ‘Industry – General’ as depicted on the Amendment Map.

xiii. Amending the Scheme Map by rezoning Lots 1, 3, 4, 8, 10, 12, 454-466, 469 and 754 Mitchell Street, Lots 2, 5-7, 9, 11, 57, 476-486, 752 and 903 Walmsley Street, Lots 1, 470, 633 and 634 Chaplin Street, and Lots 452, 453 and 487 Goldfields Road from ‘Residential’ with a density of R20 and ‘Parks, Recreation and Conservation – Local’ to ‘Residential’ with a density of R30 as depicted on the Amendment Map.

xiv. Applying a specific density code on the Scheme map of R20 to Lots 312-319, 331-332 and 337 Johns Street and 320-326 and 336 Moir Street as depicted on the Amendment Map.

xv. Applying a specific density code on the Scheme map of R20 to Lots 61-70 Parsons Street, Lots 71-77 Johns Street and Lots 78-87 Ocean Street as depicted on the Amendment Map.

xvi. Applying a specific density code on the Scheme map of R30 to Lot 422, 423, 424, 425 Westmacott and Lots 421, 451 and 1 Goldfields Road as depicted on the Amendment Map.

xvii. Applying a specific density code on the Scheme map of R20 to Lot 11 Winston Way, Nulsen as depicted on the Amendment Map.

xviii. Amending the Scheme Map by removing RR8 from Lot 3030 White Street, Nulsen as depicted on the Amendment Map.

xix. Amending the Scheme Map by applying rezoning a portion of Lot 12 Coolgardie-Esperance Highway, Gibson from ‘Agriculture – General’ to ‘Public Purpose’ with a reserve designation of ‘Airport’ as depicted on the Amendment Map.

xx. Amending the Scheme Map by rezoning a portion of Lot 102 Pink Lake Road, Pink Lake from ‘Parks, Recreation and Conservation – Local’ to ‘Residential’ with a density of R20 as depicted on the Amendment Map.

xxi. Amending the Scheme Map by rezoning Lots 501, 502 and 503 Pink Lake Road, Pink Lake from ‘Residential’ with a density of R20 to ‘Important Regional Road’ as depicted on the Amendment Map.

xxii. Amending the Scheme Map by rezoning by Lots 477, 761 and 765 Stable Road, Chadwick from ‘Industry-General’ to ‘Residential’ as depicted on the Amendment Map.

xxiii. Amending the Scheme Maps by changing SCA4G-P3 in the Gibson townsite with SCA4G-P2 as depicted on the Amendment Map.

xxiv. Amending the Scheme Maps by changing SCA4-P3 in the Condingup townsite with SCA4C-P2 as depicted on the Amendment Map.

xxv. Amending the Scheme Maps by updating the boundaries of Drinking Water Source Protection Areas – Special Control Area 4 as depicted on the amendment map.

3. Refer Amendment 16 to the EPA under Section 81 of the Planning and Development Act 2005.

4. Determine that Local Planning Scheme No. 23 – Amendment No. 16 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 86

Item: 12.1.3

Local Planning Scheme No. 23 Amendment No.15 - Final Approval

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

File Ref: F13/468

Applicant

Shire of Esperance (Development Services)

Location/Address

Pt Lot 9002 Goldfields Road, Castletown

Executive Summary

To consider granting Final Approval for Amendment 15 to Local Planning Scheme No.23 and amending the Scheme map by rezoning a portion of Lot 9002 Goldfields Road to “Residential” with a density of R30 and rezone a portion of Lot 9002 Goldfields Road to “Important Local Road”.

Recommendation in Brief

That Council grant Final Approval to Amendment 15 and forward the Amendment No. 15 documentation to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

Background

At its Ordinary Meeting held on 26 March 2013, Council resolved (O0313-047) (Attachment A)

“That Council pursuant to Section 75 of the Planning and Development Act 2005 resolve to:

1. Initiate Local Planning Scheme No.23 - Amendment No.15

2. Amend the Scheme map by rezoning a portion of Lot 9002 Goldfields Road to “Residential” with a density of R30 as depicted on the Amendment map.

3. Amend the Scheme map by rezoning a portion of Lot 9002 Goldfields road to “Important Local Road” as depicted on the Amendment map.

4. Refer Amendment 15 to the EPA under Section 81 of the Planning and Development Act 2005.

5. Determine that Local Planning Scheme No. 23 – Amendment No. 15 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA”.

Officer’s Comment

In accordance with Section 81 of the Planning and Development Act 2005, Local Planning Scheme No. 23 (LPS 23) Amendment No. 15 was referred to the Environmental Protection Authority (EPA) for a determination to be made under Section 48A of the Environmental Protection Act 1986.

The EPA advised the Shire of Esperance via letter dated 1 May 2013 that after consideration of the LPS 23 Amendment No. 15 documentation, that the proposed scheme amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations on the Scheme Amendment.

Upon receiving the advice from the EPA, LPS 23 Amendment No. 15 was advertised for public comment in accordance with the provisions of the Town Planning Regulations 1967 and the Planning and Development Act 2005. Advertising commenced on the 14 May 2013 for a period of 42 days with the following advertising mediums being undertaken:

· Advertising notice in the Esperance Express –24 May 2013;

· Two (2) ‘Notice of Public Advertisement of Scheme Amendment’ signs on-site;

· Amendment documentation being available via the Shire of Esperance’s website; and

· Referral letters to the Department of Environment and Conservation, Water Corporation, Department of Health, Main Roads, Horizon Power, FESA, Department of Indigenous Affairs, Department of Water, Department of Agriculture and Food, Western Australia Planning Commission, Telstra and all adjoining landowners.

At the close of the advertising period a total of six (6) submissions were received – all submissions were from servicing and government agencies supporting the amendment (Schedule of Submissions is Attachment B).

A copy of Amendment No. 15 is attachment C.

Consultation

LPS 23 Amendment No. 15 was advertised for public comment in accordance with the provisions of the Town Planning Regulations 1967 and the Planning and Development Act 2005.

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 associated with this item are:

· Planning and Development Act 2005

· Town Planning Regulations 1967

· Local Planning Scheme No. 23

Policy Implications

The policy implications arising from this report are:

· Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

1.2 Create a vibrant built environment that is accessible and inclusive and reflects the Shire’s identity and local heritage

Economic

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

Environmental Considerations

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

Attachments

a View.	Minutes and report of O0313-047
b View.	Schedule of Submissions
c View.	Amendment No. 15 Report
d View.	Resolution Page

Officer’s Recommendation

That Council

1) Note the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 15.

2) Adopts Local Planning Scheme No. 23 Amendment No. 15 for final approval without modification, by:

· Amending the Scheme map by rezoning a portion of Lot 9002 Goldfields Road to “Residential” with a density of R30 as depicted on the Amendment map.

· Amend the Scheme map by rezoning a portion of Lot 9002 Goldfields road to “Important Local Road” as depicted on the Amendment map.

3) Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 15 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

4) Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 15.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 101

Shire Logo EPS2

SHIRE OF ESPERANCE

LOCAL PLANNING SCHEME NO. 23

AMENDMENT NO. 15

PLANNING AND DEVELOPMENT ACT 2005

RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME

SHIRE OF ESPERANCE

LOCAL PLANNING SCHEME NO. 23

AMENDMENT NO. 15

Resolved that the local government, in pursuance of Section 75 of the Planning and Development Act, 2005 amend the above local planning scheme by;

1. Amending the Scheme Map by rezoning a portion of Lot 9002 Goldfields Road to “Residential” with a density of R30 as depicted on the Amendment Map; and

2. Amending the Scheme Map by rezoning a portion of Lot 9002 Goldfields Road to “Important Local Road” as depicted on the Amendment Map

Precinct 1 -

Dated this…………….day of………………2013

………………………….………..

CHIEF EXECUTIVE OFFICER

PROPOSAL TO AMEND A LOCAL PLANNING SCHEME

LOCAL GOVERNMENT		SHIRE OF ESPERANCE

DESCRIPTION OF LOCAL PLANNING SCHEME		SHIRE OF ESPERANCE LOCAL PLANNING SCHEME NO. 23

TYPE OF SCHEME		DISTRICT SCHEME

SERIAL NO. OF AMENDMENT		15

PROPOSAL		1. Amending the Scheme Map by rezoning a portion of Lot 9002 Goldfields Road to “Residential” with a density of R30. 2. Amending the Scheme Map by rezoning a portion of Lot 9002 Goldfields Road to “Important Local Road” as depicted on the Amendment Map

SCHEME AMENDMENT REPORT

1. INTRODUCTION

Notice of Final Approval of the Shire of Esperance Local Planning Scheme No. 23 (“the Scheme’) was published in the Government Gazette on 19 February 2010.

The subject lot is currently zoned “Shops and Offices” and is currently undeveloped. The intention of this rezoning is to facilitate the subject sites development for residential purposes.

Subject Site

The subject site (portion of Lot 9002) has an area of 4824m² and is part of a freehold lot owned by the Shire of Esperance.

The proposed zoning of the Subject Site is “Residential” with a density of R30. This zoning is proposed as the site has been identified as superfluous under the Commercial Centre Strategy and a landmark site for the Flinders subdivision.

2. BACKGROUND

2.1 Existing Zoning and Relevant Scheme Provisions

Under the Scheme, The portion of Lot 9002 the subject of this amendment is currently zoned “Shops and Offices”. The potion of lot 9002 subject of this amendment is current part of the balance lot from the development of Stage 2 of Flinders.

Under the Scheme, The portion of Lot 9002 the subject of this amendment is also subject to SCA 2B – Flinders Residential Development Special Control Area. This Special Control areas places specific development controls in relation to residential development on the subject site.

3.0 REPORT

3.1 Local Context - Shire of Esperance Local Planning Strategy

The Shire prepared a comprehensive Local Planning Strategy (Strategy) to support the Scheme.

The Strategy shows the subject site as being residential.

The subject site is located within Precinct 1 of the Strategy. The following is an extract from the Local Planning Strategy.

Precinct 1 - Flinders

Objective: To allow for residential development to accommodate future growth for Esperance.

Background/Location:

This precinct is located to the east of Castletown, between Ormonde Street and Bandy Creek, and a small portion of land to the east of Daw Drive. It has been identified in the Esperance Structure Plan of Goldfields Esperance Regional Planning Strategy (GERPS) as Future Urban.

Strategies:

· Provide a variety of housing types.

· Reflect the special characteristics of the precinct.

· Encourage best practice in building design and sustainability.

Actions:

Ø A variety of lot sizes should be provided with residential densities varying between R12.5 to R40 and provision for retired persons included.

Ø Development of the area is to be in accordance with an approved outline development plan.

Ø Any commercial development (including tourist development) that is intended to service more than a neighbourhood function, is to be located adjacent to Bandy Creek Boat Harbour, with entry being provided to ensure easy access, without increasing traffic through the adjoining residential area.

The proposed rezoning is consistent with the objectives of the Local Planning Strategy. The proposed density is consistent with the actions outlined in the Strategy by providing a density of R30 which is in the stipulated density range for the precinct of R12.5 to R40.

3.2 Commercial Centre Strategy

The Shire has prepared a Commercial Centre Strategy which as been adopted as a Local Planning Policy under Local Planning Scheme No. 23.

The following is an extract from the Commercial Centre Strategy:

5.0 LOCAL CENTRES (URBAN)

5.1 Future Direction

The inclusion of major retailers in the Town Centre and ultimately also in the Neighbourhood Centre will satisfy the demand for the majority of retail needs across the Esperance urban township. However, there will continue to be a spatial gap in the delivery of local retail needs. These gaps will be filled by a range of local centres. Two smaller, established local centres are already providing this service to localised communities. These include:

• Pink Lake Road - IGA and supporting Specialty shops; and

• Goldfields Road - Castletown IGA and supporting shops.

5.2 Locations

Existing Locations

The two existing local centres serve a smaller localised catchment for ‘top up’ food, grocery and other convenience based shopping with dedicated off street parking. These centres are to be reinforced and enhanced through the take up of vacant land, and the consolidation and expansion of existing IGA stores and other convenience based shopping.

The single-sided local centres along Pink Lake Road and Goldfields Road are to be retained to reinforce their day-to-day convenience service. These sites are individually owned and will continue to draw business from local residents. Increased residential densities and a mix of housing and recreational opportunities that offer a well located lifestyle are encouraged in these locations to bring people together in a manner that brings further dimension to the commercial activity.

Future Location

There will be opportunities for further local centres to fill gaps in the retail network as the community develops. They will be distributed in a manner to take advantage of the gap in delivery between the major supermarket locations in the town and neighbourhood centres.

A single additional local centre is proposed as part of this strategy. The area to the east of the Bandy Creek area is sufficiently removed from the proposed Bandy Creek Neighbourhood Centre.

A small local centre is currently proposed as part of the FSP. This centre is located close to the existing Goldfields Road local centre and is considered a duplication of facilities.

The Strategy proposes the removal of the Flinders Local Centre and the inclusion of a single additional local centre east of the Neighbourhood Centre (refer Figure 4). Demand for this centre will not occur until beyond the development of the vast majority of the residential estate but may occur prior to the development of the Neighbourhood Centre.

The proposed rezoning is consistent with the objectives of the Commercial Centre Strategy. The proposed rezoning removes the commercial zoning that was applied to this site.

3.3 Justification of Amendment

The proposed rezoning is consistent with the established strategic and policy context of the site. As an undeveloped site there will be no reduction in the availability of retail floor space within the area.

4.0 SERVICING

Power

The subject site can be connected to power.

Water

Reticulated water is located adjacent to and can be connected to the subject site.

Sewerage

Reticulated sewerage is located adjacent to and can be connected to the subject site.

Telecommunications

The subject site can be connected to relevant telecommunications infrastructure.

Gas

The subject site is remote from a reticulated gas service.

5.0 CONCLUSION

This amendment is consistent with the recommendations of the Commercial Centre Strategy. The amendment is also consistent with the objectives outlined in the Local Planning strategy to provide for a range of densities between R12.5 and R40. The amendment also takes into account the developed road network around the site and a reserve to the portion of the site that is impacted on by a roundabout.

PLANNING AND DEVELOPMENT ACT 2005

SHIRE OF ESPERANCE

LOCAL PLANNING SCHEME NO. 23

AMENDMENT NO. 15

The Esperance Shire Council under and by virtue of the power conferred upon it in that behalf by the Planning and Development Act, 2005, hereby amends the above local planning scheme by:

1. Amending the Scheme Map by rezoning a portion of Lot 9002 Goldfields Road to “Residential” with a density of R30 as depicted on the Amendment Map; and

2. Amending the Scheme Map by rezoning a portion of Lot 9002 Goldfields Road to “Important Local Road” as depicted on the Amendment Map

Precinct 2 -

ADOPTION

Adopted by resolution of the Council of the Shire of Esperance at the Ordinary Meeting of the Council held on the ___ day of____________ 2013.

................................................

PRESIDENT

................................................

CHIEF EXECUTIVE OFFICER

FINAL APPROVAL

Adopted by Resolution of the local government of the Shire of Esperance at the meeting of the local government held on the ___ day of _________ 20__, and pursuant to that Resolution the Seal of the Municipality was hereunto affixed in the presence of:

................................................

PRESIDENT

................................................

CHIEF EXECUTIVE OFFICER

RECOMMENDED/SUBMITTED FOR FINAL APPROVAL

................................................

DELEGATED UNDER S.16 OF THE

PLANNING AND DEVELOPMENT ACT 2005

Date...........................................

FINAL APPROVAL GRANTED

................................................

MINISTER FOR PLANNING

Date...........................................

Ordinary Council: Agenda

23 July 2013 Page 113

Item: 12.1.4

Development Application - Extension to Existing Storage Units - Lot 754 Berrigan Street, Chadwick

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

File Ref: P11705

Applicant

Ramm’s Building Design on behalf of W R & J Boord

Location/Address

Lot 754 Berrigan Street, Chadwick

Executive Summary

For Council to consider and determine an application for Extensions to existing Storage Units on Lot 754 Berrigan Street, Chadwick.

Recommendation in Brief

For Council to approve Development Application 10.2013.2292.1 for Extensions to existing Storage Units subject to conditions.

Background

An application was submitted on 12 June 2013 seeking planning approval for Extensions to existing Storage Units with setback variations.

The subject lot is zoned Industry – General with the following setback requirements:

· 20 metres to the primary street boundary (12 metres at Local Governments discretion);

· 3 metres to the side and rear boundaries.

The submitted plans (see Attachment A) propose the following setbacks:

· 3 metres to the primary street boundary;

· 0 metres to the eastern (side) and northern (rear) boundaries; and

· 3 metres to the western boundary.

Comments were sought in relation to the proposal from the three adjacent landowners and two landowners immediately opposite the development. No objections or comments were received during the referral period.

As per Clause 5.5, if a development is subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme, the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit.

Officer’s Comment

With regards to the requirements of Local Planning Scheme No. 23 (LPS 23), the application complies with all provisions with the exception of setback requirements. No objections were received to the reduced side setbacks and the boundary walls can be permitted subject to compliance with the requirements of the Builders Code of Australia.

The reduced primary street setback is a reduction from the LPS23 requirement of 12 metres from the primary street to 3 metres. Berrigan Street is not a ‘Major Road’ or ‘Important Local Road’ under LPS23 and the reduced setback is considered to have little impact on the amenity of the area. The proposed development will not impact on public safety and as the proposed development will not impact on the safe movement of vehicles.

The application has provided a letter of justification (see Attachment B) for the proposal, indicating that the variations are proposed to permit greater use of the site to cater for existing demand for storage units in Esperance.

The proposal does not trigger the Industrial Design Guidelines as it is not located within the policy area (adjacent to Norseman, Harbour or Shelden Roads).

The proposal complies with requirements regarding land use, building height, landscaping and car parking.

As advertising of the application was taken in accordance with Clause 9.4 of LPS23 and due regard has been given to the criteria set out in Clause 10.2 in LPS23 Council has the authority to vary the development standards.

Consultation

Neighbour Referral was undertaken to all adjacent lots as well as the two lots immediately opposite the development.

No comments or objections were received.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Planning and Development Act 2005

Local Planning Scheme No 23

Policy Implications

The policy implications arising from this report are:

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Environmental Considerations

Nil

Attachments

a View.	Plans
b View.	Justification

Officer’s Recommendation

That Council approve Development Application 10.2013.2292.1 for Extensions to existing Storage Units subject to the following conditions:

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

2. 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).

3. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

4. Prior to the commencement of the use, vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained, kerbed, marked (including disabled bays) and thereafter maintained.

5. 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).

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

7. The land and buildings subject to this approval are not to be utilised for human habitation.

8. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

AND the following advice notes:

1. 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.

2. The development is to comply with the Building Code of Australia, Building Regulations and the Local Government Act.

3. 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.

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

5. If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and ne of not further effect.

6. Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

7. If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 125

12.3 Corporate Services

Item: 12.3.1

Members Allowances 2013-2014

Author/s	Shane Burge	Director Corporate Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: F13/552

Applicant

Corporate Services

Location/Address

Internal

Executive Summary

For Council to consider a review of allowances provided to Elected Members and include an allocation within the 2013/2014 budget.

Recommendation in Brief

That Council set the following list of elected members allowances for the 2013/14 financial year:

Allowance Category	Amount
Councillor Meeting Fee per Councillor	$18,000
Presidents Meeting Fee	$22,000
Presidents Allowance	$34,500
Deputy Presidents Allowance	$8,625
ITC Allowance per Councillor	$2,000

Background

Following the proclamation of relevant sections of the Local Government Amendment Bill 2011 on 5 February 2013, the Salaries and Allowances Tribunal was empowered to determine certain payments that are to be made or reimbursed to elected council members with effect from 1 July 2013.

Where the Tribunal has chosen to determine minimum and maximum amounts for fees, expenses or allowances, there is an obligation on local governments to set the amounts to be paid or reimbursed within the range determined.

In establishing a new framework for the payment of fees and allowances, the Tribunal adopted a banding model with local government allocated to four bands like those used in determining the remuneration of local government chief executive officers. This approach enabled the Tribunal to properly differentiate between the weight of responsibility carried by council members and presidents in different sized local governments.

The Tribunal handed down its determination on the 19^th June with the Shire of Esperance being determined as a level 2 banding local government.

Officer’s Comment

Details on each allowance and the proposed fees for 2013/14 is provided below:

Meeting Fees

In line with the Local Government Act 1995, the Salaries and Allowances Tribunal provides for two methods of calculating meeting fees, namely an amount per meeting or a set annual fee irrespective of the number of meetings attended.

Elected Member	Council Meeting	Committee Meeting	Annual Fee
Councillors (Individual)	$363 - $550	$181 - $275	$14,500 - $22,000
Shire President	$363 - $738	$181 - $275	$14,500 - $29,500

In the past Council has determined to use the annual fee method. The table below represents the movement for meeting fees for the last two years and the proposed fees for 2013/14 assuming continuation with the annual fee method. The fees as proposed are the lowest in the banding for the Shire of Esperance.

Allowance	11/12	12/13	13/14 Proposed
Meeting Fee- All Councillors	$66,500	$56,000	$144,000
Meeting Fee per Councillor	$7,000	$7,000	$18,000
Presidents Meeting Fee	$11,500	$11,800	$22,000

Presidents Allowance

As per Section 5.98(5) of the Act, the Salaries and Allowances Tribunal has set the amounts of the annual local government allowance to which a mayor or president is entitled. The maximum annual local government allowance for a mayor or president shall not exceed the maximum allowance applicable to that local government or 0.2 per cent of the local governments operating revenue for the 2012/13 financial year, whichever is lesser. Category 2 banding allows local governments to allocate between $15,000 to $60,000. Based upon an operating revenue of $27 million the maximum payable is $54,000 which is the lesser of the maximum allowance. The Shire of Esperance can therefore determine an amount between $15,000 and $54,000 for the Presidents Allowance.

Allowance	11/12	12/13	13/14 Proposed
Presidents Allowance	$15,000	$15,500	$34,500

Deputy Presidents Allowance

The Deputy Presidents Allowance as per Section 5.98A of the Act is limited to 25% of the allowance paid to the President. The table below represents the movement for the last two years and the proposed fee for 2013/14.

Allowance	11/12	12/13	13/14 Proposed
Deputy Presidents Allowance	$3,750	$3,875	$8,625

Communication and IT Allowance

Section 5.99A of the LG Act deals with annual allowances that a local government may decide to pay by absolute majority to all Council members in lieu of the reimbursement of expenses of a particular type under section 5.98(2) of the LG Act.

Previously the communication allowance and the IT allowance was paid as two separate allowances in lieu of reimbursement. The Tribunal has decided to group these two similar allowances into one called ICT Allowance which includes rental charges in relation to one telephone and one facsimile machine and any other expenses that relate to information and communication technology (for example, telephone call charges and internet service provider fees). The Tribunal has determined that the minimum annual allowance for ICT expenses is $500 and the maximum annual allowance for ICT expense is $3,500.

The table below displays the allowances that have been paid over the past two years and the proposed fee for 2013/14.

Allowance	11/12	12/13	13/14 Proposed
Communication Allowance per Councillor	$1,500	$1,500
IT Allowance per Councillor	$500	$500
IT & Communications Allow- All Councillors	$19,000	$18,000
ITC Allowance per Councillor			$2,000
ITC Allowance- All Councillors			$18,000

In addition to the above allowances Councillors may also get reimbursed for travel costs while driving a privately owned or leased vehicle to attend Council meetings and child care costs incurred because of attendance at a meeting or $25 per hour, whichever is the lesser amount.

For Councillors guidance, please note that Section 5.63(1)(c) provides an exemption for all Councillors when considering allowances and meeting fees from the requirement to disclose a financial interest.

Consultation

Nil

Financial Implications

If the officers recommendation is accepted the financial impact on the budget will be $227,125 compared to the 2012/13 figure of $105,175. The 2013/14 draft budget has reflected the new fees and allowances.

It must be noted that although the fees have increased significantly from previous years, the allowances as recommended are generally within the mid way of the Category 2 band as determined by the Salaries and Allowances Tribunal.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are Sections 5.98, 5.98A, 5.99 and 5.99A of the Local Government Act 1995 which provides authority for allowances for Council members.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.5 Be innovative in the management of Shire operations, services, staff and resources to create

a resilient and financially stable Shire.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council set the following list of elected members allowances for the 2013/14 financial year:

Allowance Category	Amount
Councillor Meeting Fee per Councillor	$18,000
Presidents Meeting Fee	$22,000
Presidents Allowance	$34,500
Deputy Presidents Allowance	$8,625
ITC Allowance per Councillor	$2,000

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 July 2013 Page 129

Item: 12.3.2

Lease - Gibson Football Club (Inc)

Author/s	Jennifer Parry	Manager Administration Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: F13/560

Applicant

Gibson Football Club

Location/Address

3093m²Portion of Lot 141 on Plan 30422 Reserve 25639

(141 Starr Street, Gibson)

as indicated within red border.

Executive Summary

For Council to consider allowing Gibson Football Club to lease a portion of Reserve 25639, subject to the approval of the Minister for Lands.

Recommendation in Brief

That Council subject to the approval of the Minister of Lands agrees to lease for 21 years a portion of Reserve 25639 for the purpose of recreation as per Management Order to the Gibson Football Club (Inc).

Background

Gibson Football Club has recently completed a 21 year lease in their current location and wish to apply for a further term of 21 years. The Gibson Football Club was established in 1956 and continues to have a strong membership.

The initial club rooms were built by the association in the mid 1970’s, and has continued to raise funds (including a self-supporting loan) to keep the property well maintained. Their most recent addition of a verandah and rendering of the building are a good indicator that the club is still strong and proves to be a dedicated community group. During the next 3 years members have a plan to spend approximately $100,000 on the club.

Officer’s Comment

Gibson Football Club has their main club rooms along with several minor sheds and water tanks on the land, of which the Shire accepts no responsibility for. The lease will be for land only with the Club responsible for all renewal, maintenance, operational, outgoings and cleaning expenses.

Consultation

Gibson Football Club Members

McLeods Barristers & Solicitors

Financial Implications

A Lease Preparation Fee of $110.00 as specified in the Council Adopted 2013-2014 Fees & Charges will be applied along with the cost of any legal fees charged by McLeod Barristers & Solicitors for Lease advice sought.

Asset Management Implications

Nil

Statutory Implications

Section 3.58 of the Local Government Act 1995 deals with the disposal of property and methods that can be used for its disposal; although the Functions and General Regulations exempt this disposal from Section 3.58 of the Local Government Act 1995.

Local Government (Functions and General) Regulations 1996

30. Dispositions of property excluded from Act s. 3.58

(1) A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2)(b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

Policy Implications

This item relates to Council Policy CORP 004 for Building and Property Leases.

The Building and Property Lease Policy determines property classifications that can be applied to all Council’s property providing for consistency in leased documentation and equity in terms and conditions within the various property classifications. This policy also aims to clarify the role and responsibilities between the Lessor (Shire) and Lessee on matters relating to cleaning, internal and external property maintenance.

The applicable classification for this item is:

Specific Sports Facilities

· Development of facilities by Shire or Club on Council land often with capital cost shared between Shire, Department of Sport and Recreation, and Club or any combination of this mix of funding.

· Exclusive use of the premises for a specific sport

· All maintenance, operational and cleaning expenses at the lessee cost

· All outgoings (consumable charges) are recouped or charged direct to the Club

· Major repairs, reconstruction/refurbishment to be detailed within lease or licence document

· The provision of bar facilities should not be used to differentiate lease fees in this classification

· Council approval required prior to any sub-letting of the premises

· Groups, Clubs and Organisations would be encouraged to submit applications via the Community Development Fund Grants process when requesting Council’s financial assistance.

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council subject to the approval of the Minister of Lands, agrees to lease to the Gibson Football Club (Inc) a portion of Reserve 25639 for the purpose of recreation as per Management Order, subject to;

1) The term of the lease to be 21 years;

2) The lease rental to be $1.00 as and when demanded;

3) The charge of a $110.00 Lease Preparation Fee along with the reimbursement at cost to Council of any Legal Fees pertaining to this Lease;

4) The lease area is to be a 3093m²portion of Lot 141 on Plan 30422, Reserve 25639 as defined in the lease and displayed clearly in the lease document;

5) The use of the property to be for Football and associated recreational use;

6) That all lease terms and conditions be as the Shire Standard Lease for Sporting and Community Groups; and

7) A user agreement for operation and maintenance of oval lights.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 132

Item: 12.3.3

Lease: Esperance Airport Car Hire Desk 3

Author/s	Jennifer Parry	Manager Administration Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: F13/555

Applicant

CLA Trading Pty Ltd T/as Europcar

Location/Address

Executive Summary

For Council to consider allowing Europcar to lease Car Hire Desk 3 for a period of 1 year commencing 1 July 2013.

Recommendation in Brief

That Council agrees to lease a portion of the Esperance Airport Terminal Building on Lot 15 Coolgardie-Esperance Highway Gibson, to CLA Trading Pty Ltd trading as Europcar for a Hire Car Desk.

Background

The Jetty Resort trading as Europcar were given permission to lease Car Hire Desk 3 in September 2012, but before the lease was fully executed the business franchise association between The Jetty Resort and Europcar broke down.

The Jetty Resort has placed a request to lease Car Hire Desk 4 under their own name; a separate report to Council will follow. Europcar Franchise Manager has requested a lease to operate their car hire business at Esperance Airport for a period of 1 year only at this stage from 1 July 2013.

Officer’s Comment

It is recommended that Europcar be allowed to have a one year lease even though precedence has been set by offering a five year lease term to other car hire operators, as this term is recommended by the Commercial Tenancies Act. The shorter term is an understandable request by Europcar given the issues with their previous franchisee. There are no alternative car hire operators currently vying for placement at the Airport (other than The Jetty Resort).

No disadvantage to Council is anticipated should Europcar decide to take up their right under the Commercial Tenancies Act to extend the lease to a minimum lease period of five years.

Consultation

Engineering Services

Financial Implications

Financial implications arising from this report should be minimal albeit that landlord’s are no longer able to recover from a tenant expenses relating to the negotiation, preparation or execution of the lease.

Asset Management Implications

Asset management implications would be negligible given the age and minimal size of the premises and that the lessee is responsible for maintenance of the booth.

Statutory Implications

Local Government Act 1995- Section 3.58 Disposing of Property

Commercial Tenancy (Retail Shops) Agreement Act 1985

Policy Implications

This item relates to Council Policy CORP 004 for Building and Property Leases.

The Building and Property Lease Policy determines property classifications that can be applied to all Council’s property providing for consistency in leased documentation and equity in terms and conditions within the various property classifications. This policy also aims to clarify the role and responsibilities between the Lessor (Shire) and Lessee on matters replating to cleaning, internal and external property maintenance.

The applicable classifications for this item are:

Commercial Premises – Open Market which covers Airline Offices and Car Rental Desks at the Esperance Airport. It requires that market rental be determined by valuation with individual rental as determined by Council.

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council agrees to lease a portion of the Esperance Airport Terminal Building on Lot 15 Coolgardie-Esperance Highway Gibson, known as Car Hire Desk 3 to CLA Trading Pty Ltd trading as Europcar for a Hire Car Desk, subject to the following;

a) The term of the lease be 1 year with 4 x options of 1 year each;

b) The lease rental to be determined from valuation;

c) The lease area to be used by Europcar to be clearly identified in an attachment to the lease document; and

d) The disposal of property be advertised in accordance with the Local Government Act s.3.58(4)

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 135

Item: 12.3.4

Lease - Old Court House Museum Village

Author/s	Jennifer Parry	Manager Administration Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: F13/773

Applicant

Ronald (Doc) Reynolds and Robyne Reynolds

Location/Address

Executive Summary

For Council to consider allowing Ronald (Doc) and Robyne Reynolds trading as Kepa Kurl to lease a portion of Lots 60 and 61 of Museum Village known as the Old Court House, subject to the approval of the Minister for Lands (for Lot 60).

Recommendation in Brief

That Council subject to the approval of the Minister of Lands agrees to lease for 2 years and 4 months the property known as the Old Court House, Museum Village Park, portion of Lots 59 and 60 Dempster Street to operate the business Kepa Kurl being commercial retail and eco-cultural discovery tours.

Background

Kepa Kurl has been established within Museum Village since 2004. Previously the business operated from the property known as the Old Chemist Shop on a 2 year lease which expired in August 2006. In 2006 Kepa Kurl relocated to their current position in the Old Court House which provided additional space. Initial tenancy in this building was for 2 year, followed by an additional 5 year lease which is due to expire on 31 August 2013.

During all previous lease terms, rent and utilities have been satisfactorily maintained. Inspections of the property indicate the premises to be cared for and in good condition.

A request for a renewal of their lease has been received with a slight alteration to the proprietors of Kepa Kurl; from Ronald (Doc) Reynolds and Lynette Gail Reynolds-Adamson to Ronald (Doc) Reynolds and Robyne Reynolds.

Officer’s Comment

Kepa Kurl is a well established business within Museum Village and the location of this business is beneficial for both the owners and the other Museum Village tenants due to the number of tourists that are brought to the area.

The term recommended for this lease corresponds with the decision of Council at the Ordinary Council Meeting 23 April 2013 that current leases may be extended only to 31 December 2015 to allow Council to consider the future of the Museum Village land and buildings.

Consultation

Peter Lee-Steere, Certified Practising Valuer, Herron Todd White, Independent Property Advisers

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995- Section 3.58 Disposing of Property

Commercial Tenancy (Retail Shops)Agreements Act 1985

Policy Implications

This item relates to Council Policy CORP 004 for Building and Property Leases.

The Building and Property Lease Policy determines property classifications that can be applied to all Council’s property providing for consistency in leased documentation and equity in terms and conditions within the various property classifications. This policy also aims to clarify the role and responsibilities between the Lessor (Shire) and Lessee on matters replating to cleaning, internal and external property maintenance.

The applicable classification for this item is: Commercial Premises – Open Market which requires that market rental be determined by valuation with individual rental as determined by Council.

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation

That Council subject to the approval of the Minister of Lands agrees to lease the property known as the Old Court House, Museum Village Park, to Ronald (Doc) Reynolds and Robyne Reynolds trading as Kepa Kurl subject to;

1) The term of the lease to be 2 years and 4 months;

2) The lease rental to be determined by current commercial market rental valuation obtained from a registered independent valuer, with annual C.P.I. increases for the term of the lease;

3) The lease area to be a portion of Lots 59 and 60 Dempster Street described as ‘Old Court House’ and defined in the lease and displayed clearly in an attachment to the lease document;

4) That all lease terms and conditions be as Council Standard Commercial Lease; and

5) Will be advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 138

Item: 12.3.5

Appointment of Auditor

Author/s	Shane Burge	Director Corporate Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: F12/3859

Applicant

UHY Haines Norton

Location/Address

Internal

Executive Summary

For Council to add Mr Wen-Shien Chai as an appointed auditor for the Shire of Esperance.

Recommendation in Brief

That Council appoint the following auditors to the Shire of Esperance for the term of the UHY Haines Norton contract-

Engagement Partner Registered Company Auditor Number

Mr DJ Tomasi 15724

Mr G Godwin 310219

Mr Wen-Shien Chai 299761

Background

During October 2012 Council resolved to provide UHY Haines Norton with audit services for the next three years. Although UHY Haines Norton we appointed as the audit company under the Local Government Act 1995 the appointed auditors were either as follows-

Engagement Partner Registered Company Auditor Number

Mr D J Tomasi 15724

Mr G Godwin 310219

Officer’s Comment

UHY Haines Norton has just advised the Shire of Esperance that effective from 1 July 2013 Mr Wen-Shien Chai (Chai) became a Partner of UHY Haines Norton.

Haines Norton has asked that “to provide greater flexibility and to conform with the advancement of Chai to audit and engagement partner status as at 1 July 2013, we ask that Council consider adding Mr Wen-Shien Chai as an auditor to the Shire”

Chai has been an employee of UHY Haines Norton for a number of years and has been the audit manager for the Shire of Esperance. Chai has a good intimate knowledge of the Shire of Esperance and having an audit partner which the detailed knowledge can only assist the Shire of Esperance in receiving a thorough and comprehensive audit service.

Having Mr Wen-Shien Chai appointed as an auditor for the Shire will mean that Chai will be able to sign off on the independent audit report for the annual financial report in his own right.

Consultation

The appointment of Mr Wen-Shien Chai as an audit partner was briefly discussed with the Audit Committee at the last meeting.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Section 7.3 of the Local Government Act 1995 deals with the appointment of auditors.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council appoint the following auditors to the Shire of Esperance for the term of the UHY Haines Norton contract-

Engagement Partner Registered Company Auditor Number

Mr D J Tomasi 15724

Mr G Godwin 310219

Mr Wen-Shien Chai 299761

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 July 2013 Page 201

12.4 Community Services

Item: 12.4.1

Salmon Gums Community Centre - Building Grant Agreement and Determination of Ownership Responsibilities

Author/s	Rod Hilton	Director Community Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: OAG.4.69

Applicant

Salmon Gums Development Group

Location/Address

Lot 126 Moore St. Salmon Gums (Reserve 30224)

Executive Summary

Lotterywest has advised that should the $300,000 grant towards construction of the Salmon Gums Community Centre be approved by the Lotterywest Board and Minister, it will be conditional on Council agreeing to a Building Grant Agreement to ensure that community use of the building is secured for a period of at least 10 years. Council is requested to advise staff of its support for such an Agreement.

Recommendation in Brief

That Council authorizes the CEO to enter into a Building Grant Agreement between the Shire of Esperance, Lotterywest, and, the Salmon Gums Development Group, to ensure that community use of the proposed Salmon Gums Community Centre building is secured for a period of at least 10 years.

Background

The Salmon Gums Development Group (SGDG) is seeking funding to construct a multi-purpose community centre on Reserve 30224 (lot 126 Moore St Salmon Gums). This building will replace a number of existing buildings occupied by the Salmon Gums Tennis and Golf Clubs that are in a deteriorated state and incurring high maintenance costs to keep them functional. The new building will serve to provide club and social activities to maintain the viability of the clubs through increased patronage, retention of members, attraction of competition, and sustain the clubs, both financially and membership wise, into the future.

In developing the new Community Centre the Salmon Gums Development Group intends to encourage all community organizations to utilize the new centre and make the current town hall redundant. It has been verbally reported that the only opposition to this proposal has been from the CWA.

Reserve 30224 is held by the Shire of Esperance under a Management Order for the purpose of Recreation. There are no leases in place with the Golf and Tennis Clubs occupying the land under an informal arrangement with the Shire of Esperance. The Shire has the power to lease the land for up to 21 years.

The SGDG has made application to Lotterywest for $300,000 as a contribution towards construction of the new Salmon Gums Community Centre. Lotterywest has responded that because the SGDG does not have a lease to provide security of tenure, it will require a Building Grant Agreement to be entered into between Lotterywest, Salmon Gums Development Group and the Shire of Esperance.

The projected cost of this project is $931,965.

Committed funding amounts to:

Shire of Esperance $220,000

CSRFF $260,000

SGDG $140,000

Balance to be secured:

Lotterywest $300,000

SGDG $ 11,965

Officer’s Comment

The SGDG raised the issue of a lease over Reserve 30224 (Lot 126 Moore St Salmon Gums) with councilors at Salmon Gums on the 25^th September 2012. The SGDG recommended that facility maintenance and replacement costs should be shared between the shire and the SGDG. Councillors advised the SGDG that the Shire has committed to funding a single community facility in each of the rural towns and the Salmon Gums town hall is currently identified as council responsibility.

The future of the town hall, including demolition, was also discussed but no commitments were made regarding changing council responsibility from the town hall to the proposed community centre. It was agreed that this would be a subject for negotiation over a future lease of the land involved.

On 26^th February 2013 a meeting was held with Christine Graham representing the SGDG. It was identified at this meeting that decisions were required from council as to its obligations regarding the proposed Salmon Gums Community Centre including:

a) Council’s contributions towards maintenance, renewal, and replacement of the proposed community centre.

b) A lease to provide security of tenure; and

c) The future of the Salmon Gums Town Hall.

On the 1^st March 2013 the SGDG was requested to identify if it proposes to be the lessee of all land on reserve 30224 which includes the Golf and Tennis Clubs or only the land on which the Community Centre will stand. With this information, which is currently outstanding, staff can commence development of a draft lease for consideration. Negotiation of the draft lease will identify the obligations and responsibilities of each party and the mutually agreed outcomes will address points a, b, & c above.

In April 2013 council endorsed a policy CORP 012 Reserve Funding for Community Halls. This policy is valid for the Salmon Gums Town Hall but would not apply to any new development whilst the town hall remains on the Shire of Esperance Asset Register.

In the meantime, Councils authorization for the CEO to enter into a Building Grant Agreement, to ensure that community use of the building is secured for a period of at least 10 years, will enable the SGDG to proceed with the acquisition of grant funds.

Consultation

There has been ongoing consultation between Christine Graham, representing the Salmon Gums Development Group, and the Director of Community Services, to achieve mutually acceptable outcomes for this project.

Financial Implications

The financial implications arising from this report are:

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are Local Government Act 1995 Section 3.18 (3c) A local government is to satisfy itself that services and facilities that it provides are managed effectively and efficiently.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.5 Maintain the Shires robust asset management practices and maintenance programs.

Environmental Considerations

Nil

Attachments

a View.

Lotterywest Building Grant Agreement

Officer’s Recommendation

That Council authorizes the CEO to enter into a Building Grant Agreement between the Shire of Esperance, Lotterywest, and, the Salmon Gums Development Group, to ensure that community use of the proposed Salmon Gums Community Centre building is secured for a period of at least 10 years.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 204

Item: 12.4.2

Indoor Sports Stadium - Greater Sports Ground Redevelopment Committee Recommendation for Development

Author/s	Rod Hilton	Director Community Services
Authorisor/s	Rod Hilton	Director Community Services
	Matthew Scott	Chief Executive Officer

File Ref: F12/3889

Applicant

Greater Sports Ground Redevelopment Committee

Location/Address

Internal

Executive Summary

The Greater Sports Ground Redevelopment Committee has considered Cr Rodgers alternative proposal for redevelopment of the Indoor Sports Stadium and Noel White Pavilion and recommends that the proposal be submitted to ABV Leisure Consultancy Services for a feasibility assessment.

Recommendation in Brief

That Council supports the Greater Sports Ground Redevelopment Committee recommendation to have an alternative option (option 3) assessed by ABV Leisure Consultancy Services for feasibility.

Background

On the 25^th June 2013 Cr Rodgers moved a Motion with Notice

That council:

1. Give delegated authority to the CEO, in consultation with the GSG Redevelopment Committee to :

A) Source conceptual plans & costings for a 3 stage redevelopment of the GSG Indoor Stadium, consisting of :

1. One court plus change rooms adjoining the east of the current courts;

2. Upgrade the court surface and lighting on the existing western side; and

3. Reroofing and renovation of the existing Noel White Pavilion to accommodate entry, offices, change rooms, kitchen, meeting rooms, and storage

B) Develop a Business Plan to progress a CSRFF application for the redevelopment, including:

1. Funding options for councils two/thirds contribution towards a CSRFF application;

2. Future operating and non operating requirements of the redeveloped GSG Indoor Stadium;

3. Management options for the redeveloped GSG Indoor Stadium

2. Fund the cost of plans, costings and Business Plan, for the redevelopment of the GSG Indoor Stadium from the Indoor Sports Stadium Renewal Account (2012/13 budget) to a maximum value of $25,000

3. Consider submitting a CSRFF application for the redevelopment of the GSG Indoor Stadium, based on the outcomes of the conceptual drawings, costings and Business Plan

Council resolved “That the motion lay on the table” pending a review of Cr Rodgers recommendation by the Greater Sports Ground Redevelopment Committee.

A meeting of the Greater Sports Ground Redevelopment Committee was subsequently convened and held on the 5^th July 2013 where Cr Rodgers recommendation was amended and unanimously carried:

Committee Recommendation

That Council:

1) Request ABV Leisure Consultancy Services to consider the following alternative redevelopment of the GSG Indoor Sports Stadium (known as Option 3) in their Indoor Sports Stadium Feasibility Study:

a. One court plus change-rooms adjoining the east of the current courts;

b. Upgrade the court surface and lighting on existing western side indoor court;

c. Reroofing and renovation of the existing Noel White Pavilion to accommodate entry, offices, change-rooms, kitchen, meeting rooms and storage; and

d. Two to three outdoor courts to the west of sports stadium (orientated north/south); and

2) Subject to endorsement of the Final Indoor Sports Stadium Feasibility Study by the GSG Redevelopment Committee and Council, authorize the CEO, in consultation with the GSG Redevelopment Committee, to develop a Business Plan to progress a CSRFF application for the redevelopment of the Indoor Sports Stadium and Noel White Pavilion, including :

a. Funding options for Council’s two/thirds contributions towards a CSRFF Application;

b. Future operating and non operating requirements of the redeveloped GSG Indoor Stadium;

c. Management options of the redeveloped GSG Indoor Stadium; and

3) Fund the cost of plans, costings and business plan, for the redevelopment of the GSG Indoor Stadium from the Priority Projects Reserve to a maximum value of $25,000.

Officer’s Comment

The Greater Sports Ground Redevelopment Committee meeting minutes are included within the Councilors Information Bulletin attached as part of the July Council meeting agenda.

If supported by Council the proposed redevelopment plan (option 3) will be submitted to ABV Leisure Services Consultancy for its feasibility as compared with the current options (options 1 & 2).

In effect Option 3 supports ABV’s assessment that the current and future needs of the Indoor Sports Stadium and Noel White Pavilion user groups can be met through the provision of 4 Indoor Courts and 3 outdoor courts. The main difference being that the 4^th court in the Option 3 proposal will be new construction as opposed to the ABV recommendation of renovating the Noel White pavilion court. This is based on the fact that the Noel White court is too small for competition games and is therefore considered unusable; however, it could still be utilized for floor sports such as gymnastics and/or taekwondo.

The final floor plan will be developed after ABV has assessed the feasibility of this new option.

Consultation

The Greater Sports Ground Redevelopment Committee has unanimously endorsed support for Option 3 to be subjected to a feasibility study. The members of the committee are representatives of the major Indoor Sports Stadium and Noel White pavilion user groups.

Financial Implications

The financial implications arising from this report are not known at this stage. The additional feasibility study may evoke an additional charge from the consultants. The estimated cost of new construction has not been evaluated at this stage.

Council has $130,000 in the Priority Projects Reserve (2012/13 budget Indoor Sports Stadium Renewal Account)

Asset Management Implications

These are unknown until such time as the preferred develop option has been assessed and costed.

Statutory Implications

The statutory implications associated with this item are Local Government Act 1995 Section 6.7 (2) money held in the Municipal Fund may be applied towards the performance of the functions and exercise of the powers conferred on the local government by this Act or any other written law.

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.

Corporate Business Plan

Action 1.6.2 Design and construct Indoor Sports Stadium

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council:

1 ) Request ABV Leisure Consultancy Services to consider the following alternative redevelopment of the GSG Indoor Sports Stadium (known as Option 3) in their Indoor Sports Stadium Feasibility Study:

a. One court plus change-rooms adjoining the east of the current courts;

b. Upgrade the court surface and lighting on existing western side indoor court;

c. Reroofing and renovation of the existing Noel White Pavilion to accommodate entry, offices, change-rooms, kitchen, meeting rooms, activity floor space, and storage; and

d. Two to three outdoor courts to the west of sports stadium (orientated north/south); and

a. Funding options for Council’s two/thirds contributions towards a CSRFF Application;

b. Future operating and non operating requirements of the redeveloped GSG Indoor Stadium;

c. Management options of the redeveloped GSG Indoor Stadium; and

3) Fund the cost of plans, costings and business plan, for the redevelopment of the GSG Indoor Stadium from the Priority Projects Reserve to a maximum value of $25,000.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 July 2013 Page 228

13. MOTIONS OF WHICH NOTICE HAS BEEN GIVEN

14. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

15. URGENT BUSINESS APPROVED BY DECISION

16. MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

It is recommended that the meeting is behind closed doors for the following items, in accordance with section 5.23(2) of the Local Government Act 1995.

Item: 16.1

Contract of Employment of Chief Executive Officer

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)); and the personal affairs of any person (Section 5.23(2)(b)); and a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

Item: 16.2

Waiver of Civic Centre Hire Fees - Coastal Management Conference

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)); and a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)).

17. PUBLIC QUESTION TIME

18. CLOSURE

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

Author/s	Chantelle Spain	Executive Assistant
Authorisor/s	Matthew Scott	Chief Executive Officer