Ordinary Council: Agenda

23 September 2014 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 September 2014 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 23 September 2014

COMMENCING AT 4pm

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 K Hall Town Ward

Cr L McIntyre Town Ward

Cr R Horan Town Ward

Cr B Stewart, JP Town Ward

Cr B Parker 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

Mrs H Hall Executive Assistant

Miss S Fitzgerald Trainee Administration Officer

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr P Griffiths Town Ward

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

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 26 August 2014, and the Special Council Meeting of the 9 September 2014 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 Development Services

Item: 12.1.1

Development Application - Proposed Single Dwelling, Outbuilding (Shed), Tennis Court and Associated Earthworks

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

File Ref: D14/18568

Applicant

Concept Building Design on behalf of J & K Buttle

Location/Address

Lot 47 (47) Peek Road, West Beach

Executive Summary

For Council to consider an application for planning approval for development application 10.2014.2658.1 for a Single Dwelling, oversized Outbuilding (Shed), Tennis Court and associated earthworks at Lot 47 (47) Peek Road, West Beach.

Recommendation in Brief

That council approve the development application for planning approval for development application 10.2014.2658.1 for a Single Dwelling, oversized Outbuilding (Shed), Tennis Court and associated earthworks at Lot 47 (47) Peek Road, West Beach.

Background

An application for a Single Dwelling, oversized Outbuilding (Shed), Tennis Court and associated earthworks was received on 8 August 2014.

The subject lot is 5,283 square metres and is accessed by a battleaxe leg consisting of a portion of the subject lot and a right of carriageway over the portions of Lots 45 and 46 that run adjacent to form a narrow private road. The lot is located on an inside bend of Twilight Beach Road. The lightly sloping western portion of the land is the most suited to development, with elevation ranging between 42 and 45 metres above sea level. The eastern portion towards Twilight Beach Road slopes sharply, falling from 45 metres to 35 metres above sea level. The proposal is to use the western area for a Tennis Court and an oversized Outbuilding (Shed), with the dwelling positions towards the eastern side of the property to take advantage of views through construction of a pole mounted house.

The plans of the proposed development are included in Attachment A.

Under the provisions of Special Control Area 7, the proposal requires variations to side setbacks. The objectives of SCA 7 are to:

a) Provide a high level of amenity in this visually sensitive coastal area;

b) Maintain suitable street setbacks to minimize the impact on Twilight Beach Road;

c) Protect the vegetation corridor fronting Twilight Beach Road; and

d) Maintain the land for purely residential purposes.

The proposed dwelling would be largely contained within the setback requirements with a 0.5 metre intrusion into the 5 metre side setback along the northern boundary and a 4.3 centimetre intrusion into the 5 metre side setback along the southern boundary.

The proposal largely complies with the objectives of SCA 7, however the proposed Outbuilding may impact on the visual amenity of adjoining Lot 52 (53) Peek Road, due to the 18 metre blank wall facing the property. No part of the development should impact on the visual amenity of Twilight Beach Road.

Under the provisions of Local Planning Policy: Outbuildings, the proposal requires a variation to the maximum site area for Outbuildings

The proposed Outbuilding (Shed) complies with all setback requirements but exceeds site area requirements for the residential zone, with the maximum site area permissible for an Outbuilding in the residential zone being 100 square metres. In this instance the applicant proposes a 144 square metre Outbuilding, with dimensions of 8 metres by 18 metres.

Neighbour referral was undertaken due to the reduced setbacks and oversized Outbuilding. One objection from a neighbouring landowner was received.

Officer’s Comment

The land is zoned residential (R2). The proposal meets the provisions of the residential (R2) zone and is considered to comply with the Residential Design Codes.

The provisions of Special Control Area 7 and Local Planning Policy: Outbuildings also apply. As minor variations to the side setbacks (dwelling) and maximum site area for Outbuildings are proposed, Council must have due regard to the relevant planning scheme provisions in order to exercise discretion and to determine the outcome of the application.

The neighbouring landowner objected on the following grounds:

Objection

Officer’s Comment

At 144 sq metres we believe this shed would make a very dominating building just 5 metres from our boundary and as such we feel would adversely affect us.

The proposed shed would cause impact to the visual amenity of the adjoining property through the creation of a large 18 metre long blank wall 5 metres from the boundary. However the only area where the proposed Outbuilding does not comply with the requirements of Local Planning Scheme No. 23 and Local Planning Policy: Outbuildings is in terms of site area. The proposed Outbuilding complies with all requirements regarding setbacks, wall height and ridge height.

The potential impact of building bulk from the Outbuilding is reduced by the low height of the proposed outbuilding (2.7 metre wall height), the provision of the required 5 metre setback and the positioning of the Outbuilding in proximity to the access leg of the adjoining property.

In addition the maximum size of Outbuildings in the Residential zone, being 10% of the site area or 100 square metres whichever is less, does not make any concession for larger Residential properties, such as those in Peek Road, where lot sizes are around 5000 square metres compared to 800 square metres for a town lot, as such the provision of a larger Outbuilding may be justified.

Two options are possible as a result of the proposal. The first is to approve the application as proposed. The second is to approve the application subject to the size of the proposed Outbuilding being reduced to 100 square metres.

Given that the difference in impact between a 144 square metre outbuilding and a 100 square metre outbuilding is minimal, it is not seen that the oversized Outbuilding provides sufficient justification to refuse the application.

It is also noted that any vegetation retained along the common boundary between the two properties will substantially reduce the impact of building bulk from the Outbuilding.

Additional water provision will be required with both options as 247 square metres of roof area is required to provide sufficient water to supply the standard 120,000L requirement in the Esperance Townsite. The rainwater tanks connected to the proposed Outbuilding will not be sufficient to provide sufficient water in the case of either option. Additional water supply can either be acquired through rainwater tanks connected directly to the dwelling, or through the provision of bores.

Options:

Option 1:

That Council approve Development Application 10.2014.2658.1 for a Single Dwelling, oversized Outbuilding (Shed), Tennis Court and associated earthworks at Lot 47 (47) Peek Road, West Beach subject to conditions.

This is the officer’s recommendation for the reasons outlined in this report.

Option 2:

That Council approve Development Application 10.2014.2658.1 for a Single Dwelling, Outbuilding (Shed), Tennis Court and associated earthworks at Lot 47 (47) Peek Road, West Beach subject to the Outbuilding being reduced in size to 100 square metres and conditions.

Consultation

Neighbour referral was undertaken to all adjoining landowners. One objection was received.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

1. Planning and Development Act 2005; and

2. Local Planning Scheme No. 23

Policy Implications

The policy implications arising from this report are:

1. Local Planning Policy – Outbuildings

A Local Planning Policy is not part of the Scheme and does not bind the local government in respect of any application for planning approval but the local government is to have due regard to the provisions of the Policy and the objectives which the Policy is designed to achieve before making its determination.

2. 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 .	Plans
b .	Objection

Officer’s Recommendation

That Council approve Development Application 10.2014.2658.1 for a Single Dwelling, oversized Outbuilding (Shed), Tennis Court and associated earthworks at Lot 47 (47) Peek Road, West Beach subject to the following 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 land and buildings the subject of this approval shall be used for the purposes of Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer below definition as extracted from the Residential Design Codes).

· Dwelling – means a building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

3) The approved outbuilding(s) 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.

4) The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Engineering Services) – refer enclosed vehicle crossover application form.

5) A minimum of two (2) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Offstreet Car Parking.

6) The driveway/accessway shall be constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

7) 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).

8) 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.

9) The approved development shall provide a potable water supply with a capacity of not less than 120,000 litres.

10) The rainwater tanks supplied by the Outbuilding (Shed) will need to be supplemented through provision of bores or additional tanks connected to the dwelling to provide sufficient water to service the needs of the property.

11) The approved development shall be connected to an approved effluent disposal system prior to commencement of the development and/or use to the satisfaction of the Shire of Esperance (Health Services).

12) 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).

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

14) The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

15) 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. In accordance with the provisions of the Building Act 2011, 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 repegging 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 be 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 September 2014 Page 25

Item: 12.1.2

Development Application - Single Dwelling - Lot 341 (7) Adelaide Close, West Beach

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

File Ref: D14/18882

Applicant

Belinda West

Location/Address

Lot 341 (7) Adelaide Close, West Beach

Executive Summary

For Council to consider and determine an application for a two storey single dwelling on Lot 341 (7) Adelaide Close, West Beach. The dwelling as proposed has been assessed to measure 10.2 metres to the highest point above natural ground level. This exceeds the maximum height of 9 metres permitted for residential buildings under Local Planning Scheme 23. Other minor areas of non compliance have also been identified with respect to lot boundary setbacks, site works, and visual privacy under the R-codes.

Recommendation in Brief

For Council to approve Development Application 10.2014.2667.1 for a Single Dwelling subject to conditions.

Background

An application for planning approval was received on 21 August 2014 from Belinda West, the landowner.

The application proposes the development of a 324m² two storey dwelling and associated earthworks at Lot 341 (7) Adelaide Close, West Beach. The lot has an area of 969.23m² and is zoned Residential with a density of R12.5.

The site is currently vacant. Access is from Adelaide Close at the southern road boundary where the elevation is 39.75 metres above sea level. The southern half of the site is relatively flat at the level of the road. The northern half of the lot consists of a steep embankment parallel to the rear lot boundary, down to an elevation of 31 metres above sea level. The slope has an average grade of approximately 1 in 1.7.

The dwelling has been designed around the slope changes across the site and will present as one storey to Adelaide Close with two storeys visible from the sides and rear. The proposed location of the dwelling is at the centre of the site partly on the flat land but mostly located over the embankment. The dwelling has an upper floor with living areas and a balcony, and bedrooms below, including a single storey ensuite at the northwestern extremity. The house curves from east to northwest and has a depth of 4.5 metres and a total length of approximately 34 metres. A garage and front entry are proposed at the eastern end of the house adjacent to the driveway.

To accommodate the design of the dwelling, excavation and fill are proposed to create the two levels. At the eastern end of the site, the slope will be excavated to a maximum of 3 metres with retaining behind the lower level. At the northwestern end the house fill is proposed to allow the house to extend out over the slope. The lower level of the dwelling is surrounded by a paved area under the upper floor balcony, with protected earth battering extending outwards at a 45 degree angle and gradually blending with the natural ground level on the lower slopes.

The extent of the fill is greatest at the northwestern end of the building where it extends out over the embankment. Here the fill raises the ground level by a maximum of 3.4 metres, resulting in a maximum height of 10.2 metres from natural ground level to the highest point of the roof. The extent of the building that exceeds the 9.0 metre height limit is approximately 4 m² (refer Attachment C: Height Variation). The maximum height of the building above the proposed finished ground level is 7.3 metres.

Officer’s Comment

An assessment was undertaken against the provisions of the Residential Design Codes of Western Australia (R-Codes). The Table below outlines the Officer’s assessment of the most significant variations to the Acceptable Development criteria:

Proposed

Design Principles

Officer’s Comment

Lot boundary setbacks

2.223m setback to 6.1m high wall from western lot boundary

Deemed to comply: 3m

4.4m setback to wall with a height of 12.4m above natural ground level at rear lot boundary

Deemed to comply: 4.8m

Buildings set back from lot boundaries so as to:

· Reduce impacts of building bulk on adjoining properties;

· Provide adequate direct sun and ventilation o the building and open spaces on the site and adjoining properties; and

· Minimise the extent of overlooking and resultant loss of privacy on adjoining properties.

The reduced setbacks will not cause overshadowing or impact on ventilation for any of the adjoining lots.

Lots 308 and 309 Phillips Street

The impact of building bulk will be significant for the properties at the rear (northern boundary) due to the change in grade. This is only slightly exacerbated by the 0.4m setback reduction.

Due to the topography these lots do not have useable outdoor space at the rear, and the houses are oriented toward the north. This reduces the impact of the building bulk.

Lot 346 Hockey Place

The impact of the building bulk on this lot is only slightly increased with the reduced setback, and the building will be largely screened by vegetation.

For comments on overlooking please see the Visual Privacy assessment below.

Building height

10.2m building height from natural ground level to highest point

Maximum allowed under LPS23: 9m

Building height that creates no adverse impact on the amenity of adjoining properties or the streetscape, including road reserves and public open space reserves; and where appropriate maintains:

· Adequate access to direct sun into buildings and appurtenant open spaces;

· Adequate daylight to major openings into habitable rooms; and

· Access to views of significance.

With up to 3.4m fill proposed at the northwestern part of the site, the building will exceed the maximum height of 9m permitted for residential buildings under section 5.3.3 (c) of LPS23 by 1.2 metres.

The height exceeds 9m from natural ground level for only a small area at the northwestern extremity where the dwelling extends out over the slope, requiring fill (refer Attachment C: Height Variation).

Due to the change in grade and the orientation of the lot and the dwelling, the development will not restrict access to direct sun or daylight on adjoining lot.

This will also allow the house at Lot 342 Adelaide Close to maintain views from its upper level.

Site works

Maximum 3m excavation proposed

Maximum 3.4m fill proposed

· Development that considers and responds to the natural features of the site and requires minimal excavation/fill.

· Where excavation/fill is necessary, all finished levels respecting the natural ground level at the lot boundary of the site and as viewed from the street.

The proposal calls for substantial excavation at the eastern end of the site, and substantial fill at the northwestern end of the site.

Excavation at the centre of the site will result in hidden retaining behind the lower level.

Fill under the northwestern end of the house will be battered and gradually blend with the natural ground level.

As finished levels will see the greatest change underneath and to the rear of the dwelling, the impression of the change in ground levels as viewed from the street will be minimal.

Visual Privacy

4.7m “cone of vision” setback to balcony

Deemed to comply: 7.5m

3m “cone of vision” setback from living room window to side lot boundary

Deemed to comply: 6m

Minimal direct overlooking of active habitable spaces and outdoor living areas of adjacent dwellings achieved through:

· Building layout and location

· Design of major openings

· Landscape screening of outdoor active habitable spaces; and/or

· Location of screening devices.

Maximum visual privacy to side and rear boundaries through measures such as:

· Offsetting the location of ground and first floor windows so that viewing is oblique rather than direct;

· Building to the boundary where appropriate;

· Setting back the first floor from the side boundary;

· Providing higher or opaque and fixed windows; and/or

· Screen devices (including landscaping, fencing, obscure glazing, timber screens, external blinds, window hoods and shutters).

Lots 308 and 309 Phillips Street

As mentioned above, the lots to the north have minimal useable outdoor space at the rear, with both properties having steep slopes covered by vegetation directly behind the houses. This minimises the loss of privacy for these properties as the proposed balcony primarily overlooks vegetation and roofs.

Lot 346 Hockey Place

The oblique angle of the wall with windows to the living room minimises the impact of overlooking on the rear yard of this lot. Existing vegetation will also provide screening.

Section 10.2 of LPS 23 sets out the matters to be considered by the Council when assessing an application for planning approval. Of particular relevance to the application is:

(n) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

The site adjoins the property at Lot 340 Adelaide Close that the Shire has been dealing with for a number of years in relation to landslip issues. The former dwelling on the property has now been removed.

In the circumstances of this site, if the Council resolved to approve the development, it is considered prudent and reasonable for a condition to applied requiring that a geotechnical report prepared by a suitably qualified geotechnical engineer be submitted and approved prior to construction.

Consultation

Non objections from the four adjoining lot owners to the north, west and south were provided with the application: Lots 308 and 309 Phillips Street, Lot 346 Hockey Place, and Lot 342 Adelaide Close. Lot 340 Adelaide Close is owned by the Shire.

Neighbour referral was not undertaken for this lot as the proposed setbacks and earthworks adjacent to this lot boundary are deemed to comply with the Residential Design Codes.

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

The statutory implications arising from this report are:

Planning and Development Act 2005

Local Planning Scheme No. 23

Policy Implications

Nil

Strategic Implications

Local Planning Strategy

Precinct 12 – Dempster Head and West Beach

Strategies:

· Ensure that residential densities and development take into account the constraints including topography, availability of deep sewerage, drainage problems and proximity to the Port and transport corridor.

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.	Plans
b.	Amended Site Plan
c .	Height Variation

Officer’s Recommendation

That Council approve Development Application 10.2014.2667.1 for a Single Dwelling 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. The land and buildings the subject of this approval shall be used for the purposes of a dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer attached definition as extracted from the Residential Design Codes).

· Dwelling – a building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

3. Prior to construction of the dwelling, a geotechnical report prepared by a suitably qualified geotechnical engineer shall be submitted to and approved by the Shire of Esperance (Building Services). The scope of the report shall be agreed in advance with the Shire of Esperance and the report as approved shall be fully implemented and completed, but as a minimum will need to verify that the site is capable of sustaining the proposed development and certify that any filling or backfilling has been adequately compacted.

4. All earthworks and associated drainage details shall be undertaken in accordance with plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices, to the satisfaction of the Shire of Esperance (Building Services).

5. The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Engineering Services).

6. A minimum of two (2) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

7. Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

8. 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).

9. 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.

10. The approved development shall be connected to a reticulated water supply provided by a licensed water provider.

11. The approved development shall be connected to sewer prior to commencement of the development and/or use.

12. The use hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

13. 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).

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

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

AND the following advice notes:

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

2. 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.

3. 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.

4. This site is abutting Lot 340 Adelaide Close which has been deemed a Class P site under the Building Code of Australia (Section 3.2.4), where fill has been located on compacted soil without proper compaction. It is therefore essential that a site assessment and soil classification be obtained prior to a building permit being issued.

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 be of no further effect.

6. Where the approval has lapsed, no development shall be carried out without the further approval of the local government 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 September 2014 Page 48

12.2 Engineering Services

Nil

12.3 Corporate Services

Item: 12.3.1

Policy - Public Land Improvement Licence

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

File Ref: D14/18805

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to adopt a policy that provides clear direction with regard to improvements on Shire public land when there is no valid lease in place. This policy supports Councils commitment to accountable governance ensuring transparent and ethical decision making.

Recommendation in Brief

That Council adopt the Public Land Improvement Licence Policy.

Background

On occasions various parties, groups or individuals have approached the Shire requesting approval to place a relatively minor object or structure on public land. If and when the request has been approved, most often consideration of managing the asset has not been taken into account. There has been no provisions made for maintenance, renewal or disposal; all these form part of the lifecycle costs, in the past all these costs have fallen onto Council.

Council’s commitment to asset management has been noted as a priority in the Shire of Esperance Strategic Community Plan 2012-2022 with Strategy 3.5:

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

Officer’s Comment

This policy clarifies the expectations and principles that will apply to the intended land improvement prior to the asset being installed. There will be a clear understanding for both Shire Officers and the party creating the improvement of not only the initial asset, but ongoing requirements.

Consultation

Executive Management Group

Department of Asset Management

Financial Implications

Nil

Asset Management Implications

This policy aims to strengthen and reinforce current asset management plans and strategies.

Statutory Implications

Nil

Policy Implications

This policy does not apply to Shire installed memorial structures and as such does not apply to Council’s existing policy ENG 007: Purchase and placement of memorial seats.

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Corporate Business Plan 2013/2014 – 2016/2017

3.5.4 Review and update Asset Management Plans

Environmental Considerations

N/A

Attachments

Council Policy - Public Land Improvement Licence Policy - DRAFT

Officer’s Recommendation

That Council adopt the Public Land Improvement Licence Policy.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 September 2014 Page 52

Item: 12.3.2

Reassignment of Lease - Twilight Beach Food Vending Site

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

File Ref: D14/18878

Applicants

Brian Pearce & Lawrence & Leonie Plunkett

Location/Address

Executive Summary

For Council to consider allowing the reassignment of the mobile food vendor site lease at Twilight Beach from Brian Pearce to Lawrence and Leonie Plunkett.

Recommendation in Brief

That Council consent to the reassignment of the existing mobile food vendor site lease on portion of Lot 301 Twilight Beach Rd, part of Reserve 50765; subject to the approval of the Minister of Lands.

Background

A letter dated 16 June 2014 was hand delivered to the Shire from Brian Pearce requesting that the lease on Twilight Beach Food Vending Site be reassigned from himself to Lawrence & Leonie Plunkett. Several avenues of communication were attempted to obtain confirmation from Mr & Mrs Plunkett that they too were in agreeance to the reassignment. This confirmation was received on 3 September 2014 by way of email from Mrs Plunkett.

Mr Plunkett has been employed by Mr Pearce to operate the ice-cream van on the lease for quite some time; he has subsequently sold the ice cream van to Mr Plunkett and requested to have the lease reassigned.

The current lease agreement commenced on 1 July 2011 with an initial term of 5 years (expiring 30 June 2016) with a further term of 5 years following (expiring 30 June 2021). The rent commenced at $770.00 (ex GST) per annum and is subject to an annual C.P.I. review; the rent for 2014/1015 being $831.61 (ex GST) per annum.

Officer’s Comment

The current lease document has specific clauses in regard to assignment, sub-letting and charging, as follows;

20. 1 No assignment or sub-letting without consent

Subject to clause 20, the Lessee must not assign the leasehold estate in the Land nor sub-let, part with possession, or dispose of the Land or any part of the Land without the prior written consent of the Lessor, which consent shall not be unreasonably withheld, or any other persons whose consent is required under the terms of this Lease or at law.

20. 3 Costs for assignment and sub-letting

If the Lessee wishes to assign or sub-let the leasehold estate created by this Lease the Lessee must pay all reasonable professional and other costs, charges and expenses, incurred by the Lessor in relation to the proposed assignment or sub-letting, whether or not the assignment or sub-letting proceeds.

No grounds have been identified to decline the request for reassignment other than ensuring that the transaction is subject to any outstanding invoices in relation to the existing lease agreement are fully paid prior to reassignment taking place.

Consultation

McLeods Barristers & Solicitors

Executive Manager Statutory Division

Financial Implications

Legal consultation is only expected to be relatively minor, the lease indicates that the costs to be incurred by the Lessee.

Asset Management Implications

Nil, this lease is for land only.

Statutory Implications

Local Government Act 1995 - Section 3.58 Disposing of Property

Policy Implications

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.12 Manage Shire leases and insurances

Environmental Considerations

N/A

Attachments

a.	Request for Lease Re-assignment - Pearce to Plunkett - Mobile Food Van - Twilight Beach
b.	Confirmation of request to take over Mobile Food Van Lease at Twilight Beach - L & L Plunkett

Officer’s Recommendation

That Council consent to the reassignment of the existing mobile food vendor site lease on portion of Lot 301 Twilight Beach Rd, part of Reserve 50765; subject to the approval of the Minister of Lands.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 September 2014 Page 96

12.4 Community Services

Item: 12.4.1

Dog Regulations - Changes Affecting Local Laws

Author/s	Rod Hilton	Director Community Services
Authorisor/s	Rod Hilton	Director Community Services

File Ref: D14/18925

Applicant

Department of Local Government and Communities

Location/Address

Shire of Esperance

Executive Summary

Due to the introduction of new Dog Regulations the former provisions for the establishment of dog exercise or dog prohibited areas contained within the Shire of Esperance Dogs Local Law will cease to exist as at 31^st July 2014. Council is required by Absolute Majority decision to establish dog exercise or dog prohibited areas if required.

Recommendation in Brief

That Council gives 28 days local public notice of its intention to declare the following areas as:

1. Dog prohibited areas –

(i) Reserve 33660 (Esperance Location 1967) and Class ‘A’ Reserve 23043 (Esperance

Locations 704, 1943 and 2065) – ‘Lake Monjingup’

(ii) Reserve 3287 (Greater Sports Ground) playing fields whilst sporting activities or events authorised by council (excluding authorised events involving dogs) are in progress.

(iii) Reserve 50765 (Twilight Beach car park)

2. Dog exercise areas –

(i) The foreshore of reserve 25891 between high and low watermarks from Fourth Beach headland to the border of the Rifle Association Reserve No. 15042 approx 50m east of the Fourth Beach bitumen car park track onto the beach.

(ii) The foreshore of reserve 4180 which commences at the west end of the 2^nd gravel car park

(travelling from Esperance) and terminates at the track to the beach from the last gravel car park (closest to Twilight Beach).

(iii) The foreshore between high and low watermarks of Blue Haven Beach - Reserve 25891

(iv) The foreshore between high and low watermarks between the western boundary of

Reserve 41141 (Dempster Head) to the western extremity of Reserve 41141 and from the

eastern boundary of Reserve 25891 west to the headland (Chapman Point) – ‘West

Beach’

(v) The foreshore between the high and low watermarks from the western portion of

Reserve 27318 bounded by, but not including, the Tanker Jetty headland to the eastern extremity

of Reserve 27318 (50m east of Straker St) between the hours of 5.00 a.m. to 8.00 a.m.inclusive

and the hours of 4.00pm to 8.00pm inclusive, daily

(vi) Reserve 3287 (Greater Sports Ground) excluding playing fields whilst authorised sporting

activities and events authorised by Council are being conducted

3.This resolution is subject to any written law and any law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2)

Background

The Department of Local Government and Communities has written to advise that the Dog Amendment Regulations 2014 (Dog Regulations) were published in the Government gazette on Tuesday 20^th May 2014. As a result the Dog Amendment Act has removed a local government’s ability to make Local Laws regarding the establishment of dog exercise areas and dog prohibited zones. In order to relieve local governments from having to remove these provisions from their local laws by following the local law making process set out in section 3.12 of the Local Government Act 1995 the Dog Regulations ( Section 37) provide a sunset date (31^st July 2014) for the operation of those clauses. This means that the Shire of Esperance Dog Local Law, which contains clauses identifying dog exercise areas and areas where dogs are prohibited, will become inoperable from 31^st July 2014.

If Council wishes to establish exercise areas or specify areas where dogs are prohibited it must now do so via a resolution (by Absolute Majority) in accordance with amended section 31 of the Dog Act 1976 rather than through a local law.

Local Governments are required to give 28 days notice of the intention to specify dog prohibited or dog exercise areas.

Officer’s Comment

The sections of the Shire of Esperance Dog Local Law that becomes inoperable from 31^st July 2014 are:

PART 5 – DOGS IN PUBLIC PLACES

5.1 Places where dogs are prohibited absolutely

(1) Subject to section 8 of the Act and section 66J of the Equal Opportunity Act 1984, dogs are

prohibited absolutely from entering or being in any of the following places –

(a) a public building, unless permitted by a sign;

(b) a theatre or picture gardens;

(c) all premises or vehicles classified as food premises or food vehicles under the Health (Food

Hygiene) Regulations 1993;

(d) a public swimming pool; and

(e) the following beaches, reserves and freehold land –

(i) The foreshore between high and low watermarks between the southern boundary of

Reserve 28207 (Dempster Head) to the eastern extension of Harbour Road adjacent to

Reserve 28207;

(ii) The foreshore between high and low watermarks between Taylor Street Jetty to and

including the breakwater and swimming jetty situated adjacent to the south eastern

extremity of James Street;

Comment: This is the foreshore immediately in front of the Yacht Club and the Town Centre. The options are to continue to prohibit dogs entirely from the beach; declare the area as a dog exercise area, or do nothing. If nothing is done the provisions of Section 31 (1) the Dog Act will apply – dogs must held by a person capable of controlling the dog or tethered by a leash in this area.

(iii) The foreshore between high and low watermarks between Twilight headland and the

north–east extension of Reserve 29925; and

Comment: This land is unallocated crown land set aside for the purpose of conservation over which the Shire has no power to exercise care, control and management. The Shire cannot apply the provisions of section 31(2B) & (3A) of the Dog Act to this land; but, because Twilight Beach is a public place outside the town boundary, dogs are permitted on condition they are held, tethered or supervised by a competent person who is in reasonable proximity to the dog. (Section 32 (1))

Council has a management order over reserve 50765 which comprises the car park, toilets, and shade shelters.

(iii) Reserve 33660 (Esperance Location 1967) and Class ‘A’ Reserve 23043 (Esperance

Locations 704, 1943 and 2065) – ‘Lake Monjingup’

Comment: The Monjingup Reserve is a public place outside the town boundary and under the care control and management of the Shire therefore council has the power to continue to prohibit dogs from this area.

5.2 Places which are dog exercise areas ( the Dog Act Section 32(1) states that a dog shall not be in a dog exercise area unless it is being held, tethered, or is being supervised by a competent person who is in reasonable proximity to the dog)

(1) Subject to clause 5.1 and subclause (2) of this clause, for the purposes of sections 31 and 32 of the

Act, the following are dog exercise areas –

a) The foreshore between high and low watermarks from Fourth Beach headland for a

distance 1km to the western boundary of Reserve 25891 – ‘Fourth Beach’;

Comment: Council only controls Fourth Beach Reserve 25891 to the border of the Rifle Association Reserve No. 15042 which terminates approx 50m east of the Fourth Beach bitumen car park track onto the beach.

Council control resumes with the commencement of Reserve 4180 which commences at the west end of the 2^nd gravel car park (travelling from Esperance) and terminates at the track to the beach from the last gravel car park (closest to Twilight Beach).

Council has the option of extending the dog exercise area to include Reserve 4180

The Rifle Association Reserve 15042 is managed and controlled by the Rifle Association under a lease with the Crown. Therefore, Council has no power to impose rules regarding dogs on this land. Technically, dogs are not permitted on this land without the consent of the occupier (Section 33A (1))

b) The foreshore between high and low watermarks of Reserve 25891 – ‘Salmon Beach’;

Comment: If not proclaimed as a dog exercise area the provisions of Section 31 (1) the Dog Act will apply – dogs must held by a person capable of controlling the dog or tethered by a leash in this area.

c) The foreshore between high and low watermarks of Reserve 25891 – ‘Blue Haven’;

d) The foreshore between high and low watermarks between the western boundary of

Reserve 41141 (Dempster Head) to the western extremity of Reserve 41141 and from the

eastern boundary of Reserve 25891 west to the headland (Chapman Point) – ‘West

Beach’;

e) The foreshore between high and low watermarks between the eastern extension of

Harbour Road adjacent to Reserve 28207 to the Taylor Street Jetty;

Comment: This land is within the Port Authority and is not under the care, control or management of the Shire. The Shire cannot apply the provisions of Section 31 (2B) & (3A) of the Dog Act to this land. This land is considered to be a public place even though it is managed and controlled by the Port Authority, nevertheless the provisions of Section 31 (1) of the Dog Act will apply – dogs must be held by a person capable of controlling the dog or tethered by a leash in this area.

f) The foreshore between high and low watermarks of Reserve 39635 – ‘Bandy Creek’;

Comment: This area is not under the care, control, and management of the Shire therefore the Shire cannot apply the provisions of the Dog Act to this land.

g) The foreshore between the high and low watermarks from the western portion of

Reserve 27318 bounded by the breakwater and swimming jetty situated adjacent to the

south eastern extremity of James Street to the eastern extremity of Reserve 27318 (end of

Castletown Beach) between the hours of 5.00 a.m. to 8.00 a.m. inclusive and the hours of

4.00pm to 8.00pm inclusive, daily;

Comment: The area between James St rock groyne and the Tanker Jetty headland (inclusive of reclaimed lands) has been redeveloped leaving minimal beach area for dog exercise. If the area is not proclaimed as a dog prohibited or dog exercise area dogs must be held or tethered by a leash.

The area under councils care control and management (Reserve 27318) ends approx 50m east of Straker St. Council cannot proclaim areas not under its care control and management as dog prohibited or dog exercise areas therefore the basic provisions of the Dog Act Section 31(1) will apply – dogs on this land must either be held or tethered by a leash, chain, cord, or harness etc.

Council may decide that the foreshore between the Tanker Jetty headland east rock wall and a point 50m east of Straker St. (the east boundary of reserve 27318) is retained as a dog exercise area.

The Tanker Jetty headland would not be considered as part of the foreshore therefore unless council declares this area as a prohibited dog zone, dogs in this area will be required to be held or tethered.

h) Reserve 3287 so as not to interfere with any organised function authorised by Council

being conducted within the Reserve;

Comment: This is the Greater Sports Ground. Council may retain and proclaim this area as a dog exercise area and declare sports playing fields to be dog prohibited areas whilst sporting activities are in progress (Section 31 (2B) (b))

i) Reserve 3437;

Comment: This is the Fill Road former waste disposal reserve. Council may retain and proclaim this area as a dog exercise area.

j) East Location 23 Lots 1, 538, 539, 540 and 691 bounded by Phillips Street, Goodliffe

Street, Smith Street and Griffin Street

Comment: Anglican school land - This area is no longer under the care, control and management of the Shire therefore council cannot apply the provisions of Section 31 (2B) & (3A) of the Dog Act to this land.

(2) Subclause (1) does not apply to –

(a) land which has been set apart as a children's playground;

(b) an area being used for sporting or other activities, as permitted by the local government,

during the times of such use; or

(c) a car park.

Comment: Unless council declares these areas to be dog prohibited zones, dogs will be permitted on condition they are either held or tethered.

Consultation

It is a requirement of the Dog Act to provide 28 days Local Public Notice of Councils intention to specify dog prohibited areas or dog exercise areas.

Financial Implications

Advertising costs - $320

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

· Dog Act 1976 Section 31 (2B) A local government may specify a public place or a class of public place that is under the care, control or management of the local government to be a place where dogs are prohibited – a) at all times; or (b) at specified times.

· Dog Act 1976 Section 31 (3A) A local government may specify a public place or a class of public place that is under the care, control or management of the local government to be a dog exercise area.

· Dog Act 1976 Section 31 (3C)A local government must give 28 days local public notice before specifying a place to be a dog prohibited area or a dog exercise area.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme 1 Social

Strategy 1.5 Create and maintain a safe environment for the community

Corporate Business Plan 2013/2014 – 2016/2017

Action 1.5.1.3 manage Animal Control

Environmental Considerations

The environmental considerations arising from this report are in relation to the control of dogs on coastal reserves and property under the care, control, and management of the shire.

Attachments

a.	Dog Prohibited and Dog Exercise Areas Map – Current
B.	Proposed Dog Exercise Areas

Officer’s Recommendation

That Council gives 28 days local public notice of its intention to declare the following areas as:

1. Dog prohibited areas –

(i) Reserve 33660 (Esperance Location 1967) and Class ‘A’ Reserve 23043 (Esperance

Locations 704, 1943 and 2065) – ‘Lake Monjingup’

(ii) Reserve 3287 (Greater Sports Ground) playing fields whilst sporting activities or events authorised by council (excluding authorised events involving dogs) are in progress.

(iii) Reserve 50765 (Twilight Beach car park)

2.Dog exercise areas –

(ii) The foreshore of reserve 4180 which commences at the west end of the 2^nd gravel car park (travelling from Esperance) and terminates at the track to the beach from the last gravel car park (closest to Twilight Beach).

(iii) The foreshore between high and low watermarks of Blue Haven Beach - Reserve 25891

(iv) The foreshore between high and low watermarks between the western boundary of

Reserve 41141 (Dempster Head) to the western extremity of Reserve 41141 and from the

eastern boundary of Reserve 25891 west to the headland (Chapman Point) – ‘West

Beach’

(v) The foreshore between the high and low watermarks from the western portion of

Reserve 27318 bounded by, but not including, the Tanker Jetty headland to the eastern

extremity of Reserve 27318 (50m east of Straker St) between the hours of 5.00 a.m. to

8.00 a.m. inclusive and the hours of 4.00pm to 8.00pm inclusive, daily

(vi) Reserve 3287 (Greater Sports Ground) excluding playing fields whilst authorised sporting activities and events authorised by Council are being conducted

3.This resolution is subject to any written law and any law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2)

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 September 2014 Page 163

Item: 12.5.2

Community Emergency Services Coordinator - MOU Renewal

Author/s	Mel Ammon	Community Emergency Services Coordinator
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: D14/18881

Applicant

Matthew Scott – Chief Executive Officer

Location/Address

Internal

Executive Summary

To inform Council of the expiry of the Memorandum of Understanding between the Shire and Dept of Fire and Emergency Services (DFES) in regard to the joint funded Community Emergency Services Coordinator position and seek a continuation for this Agreement.

Recommendation in Brief

That Council authorise a new Memorandum of Understanding between the Shire and Dept of Fire and Emergency Services (DFES) for a joint funded Community Emergency Services Coordinator position within the Shire of Esperance.

Background

In 2008 a Memorandum of Understanding was agreed upon between the Shire and DFES for a joint funded Community Emergency Services Coordinator position within the Shire of Esperance.

The role of Community Emergency Services Coordinator has now been in place for the past six years. During this time, the role has addressed the Shires increased legislative responsibilities in relation to Bush Fire management and emergency prevention, preparation, response and recovery.

Officer’s Comment

The current agreement in place with DFES for a Community Emergency Services Coordinator has been in place for six years. The original agreement was for three years in 2008, and was renewed in 2011 for a further three years.

The position remains as a Shire staff member with a 50% contribution of the total employment costs covered by DFES.

As well as providing administrative and operational support to the Shires bush fire network and addressing the Shire’s role in emergency management, the position works to a Business Plan completed in conjunction with DFES and provides 6 monthly reports to DFES Albany on work undertaken. The position works in liaison with the local DFES Area Officer.

Consultation

Daniel Austin, Superintendent – DFES, Great Southern

Financial Implications

The current position is already contained within the 2014/15 financial year allocation for salaries and wages. The MOU is for a three year period.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are he Local Government Act 1995, Bush Fires Act 1954 and Emergency Management Act 2005.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme – 1. Social

1.4 Encourage and support volunteers and community groups

1.5 Create and maintain a safe environment for the community

Attachments

Nil

Officer’s Recommendation

That Council authorise a new Memorandum of Understanding between the Shire and Dept of Fire and Emergency Services (DFES) for a joint funded Community Emergency Services Coordinator position within the Shire of Esperance.

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

Author/s	Sarah Fitzgerald	Trainee Administation Officer
Authorisor/s	Helen Hall	Executive Assistant

a.	Nulsen Progress Association Minutes August 2014
b.	Information Bulletin September