Agenda of Ordinary Council - 25 November 2014

Ordinary Council: Agenda

25 November 2014 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 25 November 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 P Griffiths Town 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 Resources

Mr G Harris Director Asset Management

Mr R Hilton Executive Manager - Community Division

Mr R Hindley Executive Manager - Statutory Division

Mrs H Hall Executive Assistant

Miss S Fitzgerald Trainee Administration Officer

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 28 October 2014 be confirmed as a true and correct record.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services - Statutory Division

Item: 12.1.1

Development Application - Amendment to Planning Consent - Variation to Car Parking - Lot 738 (19) Currong Street, Chadwick

Author/s	Peter Wilks	Town Planning Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D14/21093

Applicant

P B Drummond on behalf of College Investments Pty Ltd

Location/Address

Lot 738 (19) Currong Street, Chadwick

Executive Summary

To consider and determine an application for Industrial Shed – Storage (Agricultural Machinery) with modified car parking on Lot 738 (19) Currong Street, Chadwick.

Recommendation in Brief

For Council to approve Development Application 10.2014.2700.1 for Industrial Shed – Storage (Agricultural Machinery) with modified car parking on Lot 738 (19) Currong Street, Chadwick subject to conditions.

Background

An application has been received by Planning Services on 30 September 2014 for changes to the previously approved car parking associated with an industrial shed on Lot 738 (19) Currong Street.

The industrial shed in question was approved by Planning Services on 15 June 2011 subject to conditions, including the following one related to car parking:

4. A minimum of seventeen (17) 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 and the Building Code of Australia.

The application received on 30 September 2014 calls for a reduction in car parking from 17 bays to 9 bays with the justification that as the premises is used for the storage of agricultural machinery and has no permanent workforce that the provision of 17 car parking bays was unnecessary.

Officer’s Comment

The currently approved car parking arrangement provides for 17 car parking bays for the 1664 square metre industrial shed on the site in accordance with the requirement of the Local Planning Scheme No. 23 of 1 bay per 100 square metres gross floor area.

A new application has been sought as the Local Planning Scheme No. 23 only allows the modification of a condition under very specific circumstances as stated in clause 8.3.1 which provides:

The local government may, on written application from the owner of land in respect of which planning approval has been granted, revoke or amend the planning approval, prior to the commencement of the use or development subject of the planning approval.

Once a development has commenced the Shire cannot amend a planning approval.

Section 164 (1) of the Planning and Development Act 2005 allows development to be approved after it has been commenced:

A responsible authority may grant its approval under a planning scheme or interim development order for development already commenced or carried out.

To amend a pre-existing condition a new approval is required.

The proposed reduction in car parking will not result in a lack of car parking on site while the site is being used for the storage of agricultural machinery. However should a change in use for the site occur, a shortage of car parking may result at that time depending on the exact use proposed and the size of any permanent workforce on site. It is noted that sufficient space will remain on site to accommodate additional car parking on the unsealed, or blue metal sealed, portions of the site, to make up any shortfall in car parking.

Consultation

As a variation to Scheme standards was proposed the process outlined in Clause 5.5 of Local Planning Scheme No. 23 was undertaken with adjoining landowner referral undertaken between 8 October 2014 and 22 October 2014.

No objections were received from adjoining landowners.

Financial Implications

Nil

Asset Management Implications

Nil

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 3 – Norseman, Harbour and Shelden Roads General Industrial

Strategies:

· Encourage the development of industrial uses and serviced industrial lots. Where reticulated sewerage is not available to existing lots ensure appropriate waste disposal methods are considered.

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 .	Justification

Officer’s Recommendation

That Council approve Development Application 10.2014.2700.1 for Industrial Shed – Storage (Agricultural Machinery) on Lot 738 (19) Currong Street, Chadwick 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 Storage 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 Schedule 1 – Definitions of LPS 23).

· Storage: Means premises used for the storage of goods, equipment, plant or materials.

3. 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.

4. A minimum of nine (9) 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 and the Building Code of Australia.

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

6. Seal Treatments to be as per approved plans.

7. All car parking areas and access ways shall be maintained for their stated purpose at all times and shall not be used for display or general storage purposes.

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 (Asset Management Division/Building Services

9. Landscaping shall be carried out in accordance with the approved landscaping plan and thereafter shall be maintained as landscaped areas at all times.

10. 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.

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

12. 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).

13. Where petrol, benzene or other flammable or explosive substances or grease, oil or greasy/oil matter is likely to be discharged, a sealed wash down area and a petrol and plate oil separator must be installed and connected to a an approved onsite effluent disposal system with the approval from the Shire of Esperance (Environmental Health Services).

14. 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).

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

16. 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.

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

6. 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.

7. 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.

8. The developer is to liaise with Shire of Esperance (Development Compliance) to determine if any signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Signs Licence) prior to erection of such.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 November 2014 Page 30

Item: 12.1.4

Proposed Outline Development Plan - Lot 25 Keenan Road, Lot 770 Spencer Road, and Lot 9002 Eleven Mile Beach Road, Pink Lake

Author/s	Peter Wilks	Town Planning Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D14/23053

Applicant

Ayton Baesjou Planning on behalf of P J Paxton and Eleven Mile Beach Estate Pty Ltd

Location/Address

Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road.

Executive Summary

For Council to note the submissions and grant final approval to the proposed Outline Development Plan (ODP) for Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road and refer the ODP to the Western Australian Planning Commission (WAPC) for endorsement.

Recommendation in Brief

That Council resolve to note the submissions and grant final approval to the proposed Outline Development Plan (ODP) for Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road, Pink Lake.

Background

The proposed Outline Development Plan was initially presented to Council at the Ordinary Council Meeting held on 26 August 2014, but was deferred due to a lack of available councilors to the Special Council Meeting on 9 September 2014 (S0914-049) where it was resolved:

‘That Council determines that the proposed Outline Development Plan for Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road is satisfactory to be advertised as per Clause 6.13.5.2(a) and advertise in accordance with Clause 6.13.5.5 of Local Planning Scheme No. 23. ‘

Subsequently the ODP was advertising between 12 September 2014 and 27 October 2014.

As a result of advertising nine (9) submissions were received including 4 non-objections, 3 comments and 2 objections.

Officer’s Comment

The proposed ODP was recently advertised in accordance with Council’s resolution.

Attachment A is the proposed Outline Development Plan.

Attachment B is the proposed Fire Management Plan.

In summary, the principles and components of the proposed Outline Development Plan are as follows:

· Approximately 225 Rural Residential lots sized between 1 and 4 hectares (this is prone to change due to economic and environmental factors);

· Four water tanks holding approximately 450,000L (combined) of water dedicated for bushfire fighting purposes;

· Water supply to be 120,000L of potable water per dwelling supplied by rainwater tank or bore;

· Wastewater management via Effluent Disposal Systems or Alternative Treatment Units are required by on-site conditions;

· Fire Management as per Fire Management Plan; and

· Two access/egress routes for all proposed lots to allow for movement away from any bushfire threat.

The primary issue with the Outline Development Plan based on the submissions received relates to the frontage located between Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 406 Keenan Road where the proposed Outline Development Plan proposed to realign Keenan Road to remove the existing 90 degree turn. The owner of Lot 406 objects to the proposed reduction in road frontage for his property which removes one access to his property and may impact on any future subdivision of his own property, however the entire eastern boundary of Lot 406 borders Keenan Road and allows for a variety of access options. The existing 90 degree turn on Keenan Road is not desirable from a road safety standpoint.

Any closure of that section of road will require a separate Road Closure application, at which time the objector will have opportunity to further argue their case.

The objections of Lot 7 Spencer Road to the proposed Outline Development Plan on the grounds of lot size, existing character, visual amenity, and increased traffic are easily dismissed as the proposed development is in accordance with the Strategies and Actions of Precinct 25 – Pink Lake West under the Local Planning Strategy.

It is noted that other moderately sized lots in the area between 2 and 6 hectares, lack subdivision potential due to a ‘no subdivision’ layer on Plan 2 in the Local Planning Strategy.

Consultation

In accordance with Clause 6.13.5.5 of LPS 23, the proposed SDGP was advertised for 28 days. The advertising activities undertaken for this proposal were:

· Advertising notices being placed in Esperance Express inviting comment;

· Two signs being placed on site with relevant details of the proposal and information related to submission of comments and objections.

· Referral letters to the relevant government/servicing authorities inviting comment;

· Proposed SDGP being available for view at the Shire Administration Office; and

· Proposed SDGP being available via the Shire of Esperance’s website.

At the conclusion of advertising As a result of advertising nine (9) submissions were received including 4 non-objections, 3 comments and 2 objections, of which 6 were from government departments and servicing agencies and 3 were from neighbouring landowners (copies are available on request). These submissions have been placed in a schedule of submissions (Attachment C).

Financial Implications

Fees of $7,100.00 were received as part of the application.

Asset Management Implications

All four water tanks for fire fighting purposes will be vested in the Shire of Esperance.

Should the proposal reach the development stage, the Shire of Esperance will be responsible for the on-going maintenance of all roads within the development.

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

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Local Planning Strategy

Precinct 24 – Pink Lake West

Strategies:

· Manage low key development of the precinct to ensure that land use is compatible with land capability and suitability recognising the considerable environmental constraints.

· Ensure best practice subdivision design that recognises and addresses the environmental constraints and minimises the need for land clearing.

· Encourage the development of a low key, day to day needs local commercial facility.

Actions:

Ø An Outline Development Plan (ODP) will be required for superblocks within the precinct, prior to any further subdivision with the following issues being addressed.

i. Measures to protect the Lake Warden Catchment Recovery Area.

ii. Direct impacts to Pink Lake are buffered by vegetated Reserves 24511 and 2064, which are gazetted for ‘conservation of flora and fauna’.

iii. Mosaic of ‘high’ capability (flats and swales) and ‘fair’ to ‘low’ capability land (dune ridges).

iv. Areas identified as having valuable vegetation and/or high fire risk will be required to be excluded from subdivision or development and suitably protected, as their preservation is important to prevent soil erosion and maintain habitat.

v. Areas are susceptible to wind erosion and dune remobilisation if vegetation cover is removed.

vi. The possible presence of basic raw materials (sand, clay, gravel, limestone and hard rock) is to be addressed and every effort should be made to extract significant deposits prior to subdivision. Developers will be encouraged to use suitable material extracted from the site, within the roads of the subdivision. A rehabilitation plan will be required to be submitted and implemented prior to the final clearance of the subdivision being granted. Small-scale extraction operations associated with the construction of a subdivision may be supported if the development of the area is staged. Commercial scale operations adjacent to staged subdivisions will not be supported.

vii. Site-specific hydrogeological and nutrient balance investigations may be required for any larger-scale developments to establish the relationship between groundwater and Pink Lake, and to address any associated risk to its nutrient and biological status.

viii. Pink Lake may be considered for listing under the Ramsar Convention.

ix. Fire management plan is to be prepared in associated with subdivision design; recommended works (including strategic fire breaks and water tanks) of the plan are to be constructed concurrently with the construction of the lots, with site specific fire management plans being prepared for each individual house at the time a building license is applied for.

x. Adherence to Department of Water – Water Source Protection Plan for protection of public water supply in relation to licensing requirements, land use activities, lot sizes and septic tank setback distances from well heads.

xi. Land uses that cannot be serviced by a Council approved on-site effluent disposal system will not be permitted.

xii. Development proponents to ensure that prospective purchasers are aware that abstraction of groundwater for rural-residential development is likely to be limited to 1,200m3 per lot per year and may require a license.

xiii. Dwelling and outbuildings are to be located within pockets of better capability land rather than on sensitive dune ridges; building exclusion zones are to be identified on the plan of subdivision.

xiv. Roads to be constructed/upgraded, including gazetted access roads, in accordance with Council’s adopted standards.

xv. No extensive or intensive agricultural pursuits or potentially inappropriate land uses will be permitted within the precinct without referral to the Department of Environment and Conservation.

Ø Due to the topography and environmental issues within the precinct, lot sizes will vary to accommodate good subdivision design.

Ø Lot sizes within the precinct in the range of 1ha – 4 ha.

Ø An outlined development plan is to be prepared with lots ranging from 1ha to 4ha, although larger lots may be appropriate in some areas.

Ø Any outline development plan is to be referred to the Department of Environment and Conservation and the EPA service unit.

Ø The ‘no subdivision area’ as illustrated on the Strategy Map may be utilised as a building exclusion zone.

Ø Provision for a low scale daily needs local commercial facility should be incorporated into the Scheme through an amendment to the scheme’s additional use schedule, upon a suitable site being identified.

Environmental Considerations

The proposed Outline Development Plan has had regard to the environmental and sustainability issues of the proposal.

Attachments

a.	Outline Development Plan - Under Separate Cover
b.	Fire Management Plan - Under Separate Cover
c .	Schedule of Submissions

Officer’s Recommendation

That Council note the submissions and adopt the proposed Outline Development Plan for Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road under Clause 6.13.5.7(a) of the Scheme and refer the Outline Development Plan to the Western Australian Planning Commission for approval under Clause 6.13.5.9 of the Scheme.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 November 2014 Page 38

Item: 12.1.5

Responses to Proposal to Specify Dog Exercise and Dog Prohibited Areas

Author/s	Rod Hilton	Executive Manager Community Division
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D14/23055

Applicant

Statutory Division

Location/Address

Internal

Executive Summary

Council is requested to consider submissions received in relation to the proposed dog exercise and dog prohibited areas, and, to take the submissions into consideration when specifying areas as dog exercise or dog prohibited areas.

Recommendation in Brief

That Council adopts the Dog Prohibited and Dog Exercise areas as proposed by Council for advertising at its September Council Meeting.

Background

At its 23rd September Council meeting Council resolved (O0914-009) the following:

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 2nd 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)

The request for public submissions was advertised in the Esperance Express on Friday 3^rd October 2014 and several news items have appeared in Council Connections in the meantime. The submission period closed on Monday 3^rd November 2014.

Only one written submission was received by the closure date; a second submission was received on 5^th November.

Author	Comments	Staff Response
P.,G.,S., & R. Cumbers	Current rules work – if it’s not broken don’t fix it.	The current rules relating to Dog Exercise and Dog Prohibited areas where governed by the Shire of Esperance Dogs Local Law. The only change is that the Dog Act 1976 has been amended by the Department of Local Government to remove the designation of these areas from the Local Law making and amendment procedure and make the designations a simpler process by authorising Local Governments to proclaim areas through the normal council meeting resolution procedures. The issue that has prevented council from simply transferring the current rules to the new rules has been caused by the original Local Laws being created over areas that were not under council management, care, and/or control e.g. Bandy Creek, Port Authority, unallocated crown land, Rifle Assoc Reserve, and Twilight Beach Conservation Reserve. The Dog Act 1976 is very specific – Section 31 A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, 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 (or may be exercised off lead) — (a) at all times; or (b) at specified times.
	Curfew on dogs between 8.00am and 4.00pm will impact on our normal day. There will not be a beach where we can spend the day with our dogs off leash.	Under the current rules curfews have been in place from James St to Bandy Creek from 8.00am to 4.00pm daily since 2002.The new rules can only be applied to land under council control so the curfews remain on the foreshore between Tanker Jetty and Straker St. The reason for the curfew is to minimise the risk of nuisance behaviour and attacks by dogs during periods when the beach is occupied by families and children.
	We have always walked and swam our dogs off lead at the Port Authority Beach without incident. As we get older we are not going to be able to travel out of town everyday to take our dogs to the beach due to cost and age.	The Port Authority Beach is not under the care, control or management of the local government therefore council cannot make decisions in relation to the use of this land as a dog exercise area.
	Recommendation 1 Shire open a beach for dogs to run free off leash anytime with easy access for elderly people and dogs	Fourth Beach is the only beach with easy access for elderly people and dogs. All other town beaches have stair access or time limits. Dogs can run free on beaches outside of the town site – east of Bandy Creek and west of the last car park before Twilight Beach. Twilight Beach itself is a public area covered by a Conservation Reserve which is not managed or under the care or control of council. Dogs must be on leash in this public beach area.
	Recommendation 2 Open the time limited beaches to dogs off leash anytime during the winter months (June, July, & August)	Council has the power to decide to remove the time limits from the beach between Tanker Jetty and Straker St either permanently or during certain periods such as the winter months or possibly on weekdays other than during holiday periods. The remainder of the beach to Bandy Creek is unallocated crown land over which council has no management, care, or control, therefore dogs must be on leash at all times in this area.
M.Rance	Open up Castletown Quays to Bandy Creek as a dog exercise area.	Council does not have the power to open up the entire foreshore as a dog exercise area because the section between Straker St and Bandy Groyne is unallocated crown land.

Council is required to consider the submissions received and either reaffirm or amend the proposed dog exercise and dog prohibited areas as shown on the attached map.

Officer’s Comment

Enquiries with the Department of Local Government and Communities have so far failed to clarify the rights of non local government land controllers such as the WA Rifle Association in relation to Reserve 15042 which encroaches onto Fourth Beach, the Esperance Port Authority in relation to the foreshore between the Port public viewing area and the Taylor St jetty, and the Department of Transport in relation to the Bandy Creek beaches. The Dog Act has been interpreted to mean that as each of the aforementioned areas are public places (there are no barriers or signs to prevent entry) and Council has no management, care, or control over these areas that it cannot specify these areas as dog exercise or dog prohibited areas, and therefore section 31 (1) of the Dog Act must apply – dogs must be held or tethered by a leash in these areas.

Councils Coastal Management Plan makes the recommendation that Council should consider acquiring management control over unallocated lands. Management control would then provide Council with the authority to determine what can and cannot be done on these lands.

Consultation

Local Public Notice was given on 3^rd October in the Council Connections section of the Esperance Express, and posted on public notice boards at the Shire office and in the Shire Library calling for public submissions on the proposed dog exercise and dog prohibited areas.

One submission has been received as at 3^rd November 2014. A second emailed submission was received on the 5^th November.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

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

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

Dog Regulations 2013 Clause 37 - place control provisions via Local Laws have no effect after 31^st July 2014.

Dog Act 1976 Clause 31 (3c) - 28 days local public notice to be given before specifying a place to be a dog exercise or dog prohibited area.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

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.	Submission on proposed dog exercise and dog prohibited areas
b.	Dog Prohibited and Dog Exercise Area Maps

Officer’s Recommendation

That Council;

1. Declares the following areas as 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. Declares the following areas as 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.

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

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

3. That 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

25 November 2014 Page 46

Item: 12.1.6

Taylor Street Jetty Cafe - Proposed Tavern Restricted Licence

Author/s	Peter Stanley	Planning Services Coordinator
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D14/23079

Applicant

Taylor Street Jetty Cafe

Location/Address

The application site - portion of Reserve 28207 (Lot 1027, Pln. 31503), is located on land managed by the Esperance Port Authority on The Esplanade opposite its intersection with Taylor Street.

Executive Summary

For Council to consider an application for planning approval from the owners of the Taylor Street Jetty Cafe to convert the current licensed restaurant with a liquor without a meal permit, to a Tavern (Restricted) and café/restaurant and determine to advertise the proposal under Clause 9.4.3 of Local Planning Scheme No. 23 (Scheme).

Recommendation in Brief

That Council require notice under Clause 9.4.2 of Local Planning Scheme No. 23 to be given of Development Application 10.2014.2712.1 in accordance with Clause 9.4.3 of Local Planning Scheme No. 23 for a Tavern (Restricted) and Restaurant and refer back to Council for the consideration of submissions and determination of the application at Reserve 28207 (Lot 1027 Pln. 31503) The Esplanade, Esperance.

Background

The Taylor Street Jetty Cafe (the Café) is a well-established and valuable element of the Taylor Street precinct, alongside the Adventureland Park, the Esperance Bay Yacht Club, the foreshore reserves, the marina and commercial jetty.

The existing Café consists of a kitchen and service counter and dining rooms with an open verandah and surrounding grassed area. Over the past 15 years the business has evolved from a café into a licensed restaurant serving food and drinks. The Cafe was granted planning approval to expand its operations as a restaurant (addition of function room, toilet block and veranda/terrace areas) in June 1998. Associated with changes in liquor licenses, various Section 40 Certificates under the Liquor Control Act 1988 have been issued by the Shire indicating planning compliance on the basis that the permitted use is a restaurant. The Cafe is currently a Licensed Restaurant, with a ‘Liquor without a Meal’ permit, and an ‘Extended Trading Permit for the outdoor areas. The ‘Liquor without a Meal’ permit allows for the consumption of alcohol without a meal, but patrons must be seated and cannot order drinks directly from the bar.

Shire officers have been discussions with the Café owners since late 2013 regarding their proposals to seek a change in liquor license. Those discussions have culminated in the current application.

The application site (part of Lot 1027 Pln. 31503) is zoned Parks, Recreation and Conservation – Local. Part 3 of the Scheme provides that a person must not use or develop a local reserve without first having obtained planning approval under Part 9.

The proposal is to convert the current restaurant licence to a Restricted Tavern license under clause 41(1)( c) of the Liquor Control Act 1988, which authorises the sale and supply of liquor for consumption on the premises. The application states that the business will continue to offer food as a café/ restaurant. The applicant has submitted that apart from minor building works to meet Class 9b standards under the BCA, no new development is proposed. In effect the Café will operate in much the same way as it already does except that the method of serving liquor will change.

The application is supported by the Esperance Port Authority. The Café holds a lease over the application site which has an area of 2543 sqm together with an additional vehicle access easement of 501 sqm (refer page 18 of the application report).

The application (refer Attachment A) was originally supported by a report and a number of plans. Following further discussions and a request for further information from Shire officers, the applicant provided additional information in letter form to support the application (refer Attachment B). In addition, a plan was provided that delineate the extent of the bar, restaurant or deck areas that are used in the capacity calculation made by JMG Building Surveyors (Attachment C). For convenience the applicant has updated the application report to incorporate the additional information (Attachment D).

Officer’s Comment

The application is for a Tavern (Restricted) License which will allow the sale and supply of liquor for consumption on the premises to unseated patrons. This change in license triggers a change in use to a ‘Tavern’ defined in the Scheme as “premises licensed as a tavern under the Liquor Licensing Act 1988 and used to sell liquor for consumption on the premises.” Therefore planning approval is required.

Clause 3.3.2 of LPS 23 provides that in determining an application for planning approval the local government is to have due regard to –

“(a) the matters set out in clause 10.2; and

(b) the ultimate purpose intended for the Reserve.”

Section 10.2 of the Scheme makes reference to “the ultimate purpose intended for the Reserve.” In this case, the purpose of the reserve is “harbour purposes and other purposes within the functions and powers of a port authority under the Port Authorities Act 1999.” Clause 27A of the Port Authorities Act 1999 allows a port authority to grant easements, leases or licenses in respect of port land for any purposes the port authority thinks fit. The Esperance Port Authority, acting in a manner consistent with its functions and powers under the Port Authorities Act 1999, has granted a lease over the application site to the Café and supports the proposed tavern. The Council can be satisfied that the proposed tavern is compatible with the ultimate purpose intended for the Reserve

Section 10.2 of the Scheme provides a generic list of matters to be considered when considering an application for planning approval. In consideration of those matters the following issues have been identified and assessment comments provided.

Noise/entertainment

Restaurant licenses allow ambient music provided that they are compatible with the main focus of a restaurant for the supply and sale of meals. Tavern licenses can allow live and potentially amplified music with no need to focus on any conflict with the service of food.

The Cafe has in recent years operated live (sometimes amplified) music. The bands typically operate from the outdoor stage and if it rains from the sheltered decks. The application report states that there have been no recorded complaints (pages 11 and 12 of the application report). There are no details in the application about the nature of the live music other than a comment about “small bands”. The applicant has provided a copy of the Café’s Noise Management Strategy to support the application (refer Attachment E).

Since the live music will likely be located outside of the building there is a potential for noise problems. Guidelines (for example the WALGA Local Government Alcohol Management Package and local Planning Polices from other local governments) suggest that a 100 metre separation from residential areas is a potential threshold for potential noise issues noting however that the distance at which noise could become a problem is dependent on a number of factors including the level of amplification, the duration of the music, the time of day, the noise mitigating structures and contours in the locality, and the climatic conditions. In this case, the nearest dwelling on The Esplanade is approximately 200 metres from the Café, which is well outside the guidelines.

In the circumstances of this site and this application, it is considered that noise management can be effectively addressed as issues arise through the operation of the Environmental Protection (Noise) Regulations 1997 by authorised Environmental Health Officers of the Shire, and if necessary by the Police using the 'unreasonable noise' provisions of the Environmental Protection Act 1986. The Director Liquor Licensing Division also has power to deal with noise issues and anti-social behavior under clause 117 of the Liquor Control Act 1988. To support this approach however, it is considered that a condition should be imposed requiring an acoustic report to be submitted prior to the use commencing. This will provide Council officers with ambient noise levels, indications of potential noise issues, and the applicant’s proposed mitigation measures. Such a requirement is also typically imposed as a condition of liquor licenses by the Department of Racing, Gaming and Liquor (DRGL).

Capacity

Capacity limits are set under the Health (Public Buildings) Regulations 1992 from calculations based on floor area, sanitary facilities, and exits. Some Councils rely on Health Regulations to limit the capacity of licensed premises whilst others also impose development approval conditions. Some Councils have a clear policy on capacity limits stated through Local Planning Policies.

The current restaurant is not a public building and does not have any capacity conditions either under Health Regulations or under development approval conditions. The applicant has advised however that when a special event license was granted by DRGL for New Years Eve 2013, the capacity limit was set by DRGL at 300 persons. The applicant has calculated a capacity limit for the proposed tavern of 300 persons that is determined by the sanitary facilities (refer to page 6 and 7 of the application report). This is the same capacity as the current restaurant.

The applicant has advised that the numbers of patrons are typically at their highest on a pleasant summer’s day on a weekend when live music is on, perhaps hitting 140-160 patrons. Having the capacity set at 300 allows the business to accommodate larger and community events from time to time.

To emphasize that no new development or capacity increase is proposed, the applicant has offered to limit the capacity of the proposed tavern to 300 persons (refer Attachment B). This approach is supported and can be implemented as a condition on the development approval and reinforced through the Section 40 Certificate (Liquor Control Act 1988) required to be completed by the Shire once the development approval is issued as part of the liquor licensing process.

Licensed Area

The current licensed area includes indoor and outside areas. The application proposes to increase the footprint of the license to include additional lawn area extending up to the garden wall adjacent to the small foreshore park (page 10, 19 and 20 of the application report). The proposed extension will not increase the capacity of the premises which is limited by the sanitary facilities and is considered to be acceptable provided that a barrier is provided to separate the licensed area from adjoining land for public safety reasons. The applicant’s proposals in this regard are set out in the additional information response (refer Attachment B). These proposals should be reinforced by a planning approval condition.

Hours of Operation

DRGL set the permitted trading hours for licensed venues under the Liquor Control Act 1988. The Shire may require alternative trading hours that are more stringent than the permitted trading hours. Trading hours may be restricted for example in order to protect existing residential amenity particularly in relation to noise.

The application report (page 9) advises the permitted trading hours and states that is most likely that the Cafe will continue to operate with its current hours of operation of 7 am to 9 pm Monday to Sunday but increased in the summertime if patronage demands.

Given the approach recommended for the management of noise, and the fact that the public will be able to make submissions on matters such as operating hours to the DRGL as part of the liquor licensing process, it is considered that the most appropriate approach is for the operating hours not to be restricted by a planning approval condition.

Car parking

The Scheme requires car parking for taverns at a rate of 1 per 10 sqm of bar and lounge areas, 1 per 4 sqm of restaurant areas. Based on the floor areas provided by the applicant (Attachment C) the bar area is 11 sqm requiring 1 car park. The restaurant area is stated as 90 sqm requiring 22 parks. The decking is 229 sqm requiring 23 car parks calculated at the lounge rate or 57 spaces calculated at the restaurant rate. Depending on whether the decking is calculated at the lounge rate or the restaurant rate, the total parking requirement is 46 or 80.

The restaurant extensions were approved by the Shire in June 1998. At that time the assessment was that the restaurant needed 85 spaces. This requirement was waived as it was determined that there was in excess of 85 spaces within the Port land and there was a degree of sharing and different demand times.

A count of the parking area indicates that there are approximately 80 marked parking spaces plus areas for informal parking. There are also approximately 23 parking spaces in the reserve adjacent to The Esplanade opposite the Esperance Bay Yacht Club. It would appear that in general terms there are sufficient parking spaces in the locality to cater for the demand from the proposed tavern. It is also considered that the different uses in the precinct exhibit different demand times for parking spaces.

This is a unique situation where the leased area of the application site within the Port land does not have road frontage and the parking for the current Cafe and the proposed tavern is on Port land. The assessed parking requirement for the proposed tavern is less than approved in 1998. It is concluded therefore that no additional parking is required.

The Council will however need to be assured that the parking spaces within the Port land will continue to be made available by the Esperance Port Authority to service the proposed tavern. The same assurance should be sought that the proposed tavern will continue to be provided with vehicle access for patrons and service vehicles to the leased area for the Café from The Esplanade.

Options

Two options are possible in relation to this item. Council has the opportunity to approve the development subject to conditions and under this option consultation will be carried out under the Liquor Control Act 1988. A second option is presented which sees the application referred under Clause 9.4.3 of the Scheme. This sees the proposal advertised for not less than 14 days and will see the proposal brought back to Council for determination and consideration of any submissions. Advertising will still be required under the Liquor Control Act 1988.

These options are presented as Part 3 – Reserves of the Scheme is silent on the requirement to advertise a proposal. Clause 9.4.2 of the Scheme allows the local government to determine to advertise a proposal in the absence of a requirement to advertise and given the development it is considered appropriate to have Council make that determination.

Option 1

To approve the development subject to conditions:

That Council approve Development Application 10.2014.2712.1 for a Tavern (Restricted) and restaurant at Lot 1027 Pln. 31503, The Esplanade, Esperance, subject to the following conditions:

1. The land and buildings the subject of this approval shall be used for the purposes of Tavern and a Restaurant 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 Schedule 1 – Definitions of LPS 23).

‘Restaurant’ means “premises where the predominant use is the sale and consumption of food and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Licensing Act 1988”;

‘Tavern’ means “premises licensed as a tavern under the Liquor Licensing Act 1988 and used to sell liquor for consumption on the premises”.

2. The 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).

3. The capacity of the venue must not exceed 300 patrons.

4. Any entertainment provided on the licensed premises shall not produce excessive noise likely to disturb, annoy or inconvenience nearby residents, other business proprietors and other users of the locality.

5. Prior to the commencement of the use, an acoustic report, prepared by a suitably qualified acoustic consultant (as determined by the Shire) shall be submitted to the Shire that:

a. Assesses the noise environment affecting the application site;

b. Provides an assessment of the likely noise emissions from the site;

c. Demonstrates how the proposed tavern will be operated so as to minimise the effects of noise emissions from the site and comply with the Environmental Protection (Noise) Regulations 1997.

6. A low impact barrier and appropriate signage is provided to separate the licensed area from adjoining land to the satisfaction of the Shire of Esperance (Planning Services).

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

8. All delivery vehicles must be located entirely on the site during loading and unloading of goods associated with the use of the site.

9. A bin storage area shall be provided on-site and screened from public view to the satisfaction of the Shire of Esperance (Environmental Health Services).

10. Prior to the commencement of the use, written confirmation shall be provided to the satisfaction of the Shire of Esperance (Planning Services) that the Tavern (Restricted) and restaurant will continue to be provided with legal and physical access over Port land (Lot 1027 Pln. 31503) from The Esplanade.

11. Prior to the commencement of the use, written confirmation shall be provided to the satisfaction of the Shire of Esperance (Planning Services) that the Tavern (Restricted) and restaurant will continue to be provided with legal and physical access to no less than 80 marked parking spaces within Port land (Reserve 28207 (Lot 1027 Pln. 31503)) from The Esplanade.

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 may be required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

2. The approved use/development is required to comply with the Health (Public Buildings) Regulations, 1992.

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

4. The developer is to liaise with Shire of Esperance (Development Compliance) to determine if any signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Signs Licence) prior to erection of such.

5. An application for Certificate of Approval under s.178 of the Health Act 1911 must be submitted and approved by the Shire of Esperance (Environmental Health Services) prior to the commencement of operations.

6. The approved development is required to comply with the following legislation (as amended from time to time):

· Health Act 1911

· Shire of Esperance Health Local Law

· Occupational Safety and Health Regulations 1996

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Environmental Protection (Noise) Regulations 1997

· Food Act 2008, Food Regulations 2009, and the Australian New Zealand Food Standards Code.

· Health (Smoking in Enclosed Public Places) Regulations 1999

· Tobacco Products Control Act 2006

7. The approved use/development is to comply with the requirements of the Food Act 2008

8. In accordance with the provisions of the Food Act 2008 and the Australian New Zealand Food Standards Code, an application to register the food business hereby permitted must be submitted and approved by the Shire of Esperance (Environmental Health Services) prior to the commencement of operations.

9. In accordance with the provisions of the Liquor Licensing Act 1988, an application for a liquor licence must be submitted to, and approval granted by the Department of Racing, Gaming and Liquor prior to the commencement of the use.

Option 2

To advertise the development before considering and determining the application:

This is the officer’s recommendation as it ensures public comments are taken into account in the assessment of the proposal. Clause 9.4.2 of the Scheme allows the local government to require notice in accordance with Clause 9.4.3 despite other provisions of the Scheme not requiring that notice be given.

Consultation

The proposal will be subject to the full mandatory notification procedures of the Liquor Control Act 1988.

If the application is advertised pursuant to Clause 9.4.3 of Local Planning Scheme No. 23 the application would be available for public comment for a period not less than 14 days.

Financial Implications

Nil

Asset Management Implications

Nil

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

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.	Application for Planning Approval
b.	Additional Information
c.	Capacity Calculations Drawing
d .	Application Report - Under Separate Cover
e .	Noise Management Strategy

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 November 2014 Page 206

Shire of Esperance

Building Applications Approved from 1 October 2014 to 31 October 2014

Building Licences

Cost $

Excluding Land

Floor Area Sq.M

No of Buildings

Main Material of Floor

Roof Covering

Materials of External Walls

Type of Building

Situation of Building

Reg No

Builder Name & Address

Licence Number

Name & Address of Owner

Type of Work

Approval Date

New Building

Fence

28/10/2014

15464

Silver Property Services

36 Collie Street

WEST BEACH WA 6450

104 Pink Lake Road

SINCLAIR

Lot: 136 Pln: 12626

Concrete or stone

Concrete

500.00

New Building

Dwelling ‑ Single

29/10/2014

15603

WA Country Builders

96‑102 Stirling Terrace

ALBANY WA 6330

Cascade Road

CASCADE

Lot: 1094 Pln: 211391

11422

Brick, veneer

Steel

Concrete

200.0

336,412.00

New Building

Gazebo/Alfresco Area

14/10/2014

15679

J W Bain

71 Pink Lake Road

NULSEN WA 6450

87 Thompson Street

WEST BEACH

Lot: 49 D: 88946

Timber

Steel

Concrete

5,000.00

New Building

Fence

Steel

Not Specified

Concrete

5,000.00

New Building

Pool ‑ Private

Concrete or stone

Not Specified

Concrete

25,000.00

New Building

Deck

Not Specified

Timber

5,000.00

New Building

Dwelling ‑ Group

23/10/2014

15723

H J Trocinski

4 Magnolia Crescent

CASTLETOWN WA 6450

87 Goldfields Road

CASTLETOWN

Lot: 902 Pln: 190986

85 Goldfields Road

CASTLETOWN

Lot: 290 Pln: 1376

S414

Brick, veneer

Steel

Concrete

949.0

1,000,000.00

New Building

Dwelling ‑ Single

01/10/2014

15800

AK Homes Construction

PO Box 6191

BUNBURY WA 6230

17 Cornell Street

WEST BEACH

Lot: 23 Pln: 2546

13786

Fibre Cement

Steel

Other

110.0

162,750.00

New Building

Garage/Shed

27/10/2014

15814

L M Crawley

98 Burton Road

CASTLETOWN WA 6450

98 Burton Road

CASTLETOWN

Lot: 209 Pln: 1376

Steel

Concrete

50.0

9,500.00

Alterations

Dwelling ‑ Single

14/10/2014

15815

Owner/Builder

20 Matthews Street

CASTLETOWN

Lot: 849 Pln: 186368

OB/1098/14

Steel

Concrete

85.0

147,000.00

New Building

Dwelling ‑ Single

14/10/2014

15819

WA Country Builders

96‑102 Stirling Terrace

ALBANY WA 6330

Mississippi Bend

PINK LAKE

Lot: 507 Pln: 48802

11422

Brick, veneer

Steel

Concrete

10,000.00

New Building

Storage Building

08/10/2014

15820

A R Burns

4 Orr Street

WEST BEACH WA 6450

35,058 Coolgardie‑Esperance Highway

GIBSON

Lot: 15 Pln: 44886

Steel

Concrete

19,400.00

New Building

Storage Building

24/10/2014

15821

Sime Building Company Pty Ltd

52 The Esplanade

ESPERANCE WA 6450

67 Norseman Road

CASTLETOWN

Lot: 85 D: 36808

10158

Steel

Concrete

872.0

300,000.00

New Building

Patio

01/10/2014

15822

R W Franceschi

Address Unknown

27 Emily Street

ESPERANCE

Lot: 459 Pln: 8297

Steel

Concrete

55.0

13,000.00

Alterations

Storage Building

07/10/2014

15824

M T Withers

3 North Road

CASTLETOWN WA 6450

87 Norseman Road

CASTLETOWN

Lot: 51 D: 38934

S1044

Steel

Concrete

437.0

62,000.00

New Building

Dwelling ‑ Single

01/10/2014

15825

J D Contractors Pty Ltd

6 Griffin Street

WEST BEACH WA 6450

225 Goldfields Road

CASTLETOWN

Lot: 831 Pln: 49174

S1390

Brick, veneer

Steel

Concrete

275.0

300,440.00

New Building

Garage/Shed

Steel

Concrete

63.0

8,000.00

Page 1 of 3

Shire of Esperance

Building Applications Approved from 1 October 2014 to 31 October 2014

Building Licences

Cost $

Excluding Land

Floor Area Sq.M

No of Buildings

Main Material of Floor

Roof Covering

Materials of External Walls

Type of Building

Situation of Building

Reg No

Builder Name & Address

Licence Number

Name & Address of Owner

Type of Work

Approval Date

New Building

Dwelling ‑ Single

08/10/2014

15826

WA Country Builders

96‑102 Stirling Terrace

ALBANY WA 6330

9 Hillier Avenue

BANDY CREEK

Lot: 287 Pln: 69443

11422

Brick, veneer

Steel

Concrete

270.0

296,597.00

New Building

Garage/Shed

06/10/2014

15827

G C Smith

123 Goldfields Road

CASTLETOWN WA 6450

123 Goldfields Road

CASTLETOWN

Lot: 272 Pln: 1376

Brick, double

Steel

Concrete

81.0

9,000.00

New Building

Dwelling ‑ Single

03/10/2014

15828

Maguire (WA) Pty Ltd

22B Andrew Street

ESPERANCE WA 6450

86 Walmsley Street

BANDY CREEK

Lot: 279 Pln: 69443

13090

Brick, veneer

Steel

Concrete

275.0

358,041.00

New Building

Dwelling ‑ Single

03/10/2014

15831

G Harp

42 Baleine Drive

CASTLETOWN WA 6450

K D Harp

42 Baleine Drive

CASTLETOWN WA 6450

36 Thistle Avenue

BANDY CREEK

Lot: 257 Pln: 69443

14239

Brick, veneer

Steel

Concrete

248.0

280,000.00

New Building

Garage/Shed

Steel

Concrete

64.0

6,000.00

New Building

Garage/Shed

06/10/2014

15832

Brad Jones Construction

24 Corry Street

ESPERANCE WA 6450

5 Springfield Street

WEST BEACH

Lot: 130 Pln: 20600

13341

Steel

Concrete

18.0

12,600.00

New Building

Retaining Wall

09/10/2014

15835

RJ Donaldson

18 Effie Turner Drive

CHADWICK WA 6450

9 William Street

ESPERANCE

Lot: 4 Pln: 1337

9687

Concrete or stone

Not Specified

Concrete

30,000.00

New Building

Dwelling ‑ Single

Fibre Cement

Steel

Concrete

141.0

240,000.00

New Building

Garage/Shed

Brick, double

Steel

Concrete

56.0

30,000.00

New Building

Garage/Shed

13/10/2014

15837

Breakthrough Developments Pty Ltd

6 Jugan Place

Kalgoorlie WA 6430

3 Corbett Gate

CASTLETOWN

Lot: 146 Pln: 50251

12591

Steel

Concrete

108.0

20,000.00

Alterations

Fence

13/10/2014

15838

M T Jennings

Lot 78 Dunkley Circuit

PINK LAKE WA 6450

143 Sims Street

CHADWICK

Lot: 11 Pln: 64789

Timber

Concrete

8,000.00

New Building

Garage/Shed

13/10/2014

15839

K J Hayes

Lot 8 Twilight Beach Road

WEST BEACH WA 6450

20 Westmacott Street

CASTLETOWN

Lot: 412 Pln: 1376

Brick, double

Steel

Concrete

43.0

19,500.00

New Building

Garage/Shed

30/10/2014

15840

M T Withers

3 North Road

CASTLETOWN WA 6450

115 Burton Road

CASTLETOWN

Lot: 103 Pln: 1376

S1044

Steel

Concrete

61.0

20,000.00

New Building

Garage/Shed

30/10/2014

15842

ESM Manufacturing Group

75 Norseman Road

CASTLETOWN WA 6450

34 Gunton Circle

CASTLETOWN

Lot: 135 Pln: 53876

Steel

Concrete

61.0

19,980.00

Demolition

Dwelling ‑ Single

22/10/2014

15844

Esperance Earthworks Pty Ltd

Address Unknown

9 Hockey Place

WEST BEACH

Lot: 159 Pln: 13543

Not Specified

Concrete

11,000.00

New Building

Assembly Building ‑ Public

28/10/2014

15850

Glen Echo Pty Ltd ‑ Timmins & Timmins

4 Hill Street

CHADWICK WA 6450

27 Andrew Street

ESPERANCE

Lot: 7 Pln: 9302

9556

Brick, double

Steel

Concrete

24.0

88,115.00

New Building

Garage/Shed

30/10/2014

15851

Wrinkly Tin & Cladding Company Pty Ltd

3 Corry Street

ESPERANCE WA 6450

57 Chantilly Circuit

CASTLETOWN

Lot: 970 Pln: 50940

Steel

Concrete

32.0

8,500.00

Page 2 of 3

Ordinary Council: Agenda

25 November 2014 Page 213

Ph: (08) 9328 1204

Fax: (08) 9228 0071

PO BOX 6456 EAST PERTH WA 6892

Email: hwestcott@wsquared.com.au

Technical Officers Working Group Meeting

Friday 5 September 2014

In-Person Meeting

Councillors Conference Room, City of Kalgoorlie-Boulder

MINUTES

CONTENTS

1. DECLARATION OF INTEREST 3

2. OPENING AND ANNOUNCEMENTS 3

3. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE 3

3.1 Attendance 3

3.2 Apologies 3

4. GUEST SPEAKERS/PRESENTATIONS 4

4.1 Meeting with Mr Phil Chadd, City of Kalgoorlie-Boulder’s “roving ambassador” to Advertise the Benefits to the RV Community of Staying in Kalgoorlie-Boulder (9.00am) 4

4.2 GVROC LED Streetlight Project - Presentation by Communications Project Leader (9.30am) 4

4.3 Mr Craig Hansom, Business Manager ROMAN II (10.00am) 4

5. MINUTES OF MEETINGS 5

5.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 11 July 2014 (Attachment) 5

5.2 Business Arising from a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 11 July 2014 5

5.3 Matters for Noting 5

6. GVROC BUSINESS 6

6.1 Preparation of a Submission Detailing the Negative Impact of State Government Policy on Town Development across the Goldfields Esperance Region 6

6.2 Preparing a Digital Strategy for the Goldfields Esperance Region 7

6.3 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – Update on the GVROC Solar PV Project and the GVROC LED Streetlight Project 10

6.4 Goldfields Esperance Tourism Plan 18

6.5 Arranging a Meeting with the Minister for Police 19

6.6 Regional Management Challenge for the Goldfields 21 - 22 November 2014 20

7. LATE ITEMS as notified, introduced by decision of the Meeting 22

8. FUTURE MEETINGS/FUNCTIONS 22

9. CLOSURE OF MEETING 23

Goldfields Voluntary Regional Organisation of Councils (GVROC)

An in-person meeting of the GVROC Technical Officers Working Group held Friday 5 September 2014 commencing at 9.01am.

MINUTES

1. DECLARATION OF INTEREST

Pursuant to the Code of Conduct, Councillors and CEOs must declare to the Chairman any potential conflict of interest they may have in a matter before the Goldfields Voluntary Regional Organisation of Councils as soon as they become aware of it. Councillors, CEOs and Deputies may be directly or indirectly associated with some recommendations of the Goldfields Voluntary Regional Organisation of Councils. If you are affected by these recommendations, please excuse yourself from the meeting and do not participate in deliberations.

2. OPENING AND ANNOUNCEMENTS

Don Burnett as the GVROC CEO and Chair of the GVROC Technical Officers Working Group welcomed everyone in attendance, opening the meeting at 9.01am.

3. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

3.1 Attendance

Mr Don Burnett (Chair) CEO, City of Kalgoorlie-Boulder

Mr Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

(joined the meeting at 9.05am, departed at 9.57am, re-joined the meeting at

11.00am, departed at 11.59am)

Mr John O’Sullivan A/Manager Assets, City of Kalgoorlie-Boulder

(joined the meeting at 10.23am, departed at 11.05am)

Mr Paul Webb CEO, Shire of Coolgardie

Mr Richard Brookes CEO Shire of Dundas

Mr Matthew Scott CEO, Shire of Esperance

Mr Steven Deckert CEO Shire of Laverton

Mr Peter Crawford CEO Shire of Menzies

Mr Jim Epis CEO, Shire of Leonora

Mr Ian Fitzgerald CEO, Shire of Ravensthorpe

Mr Bruce Wittber, Joint Executive Officer

3.2 Apologies

Ms Andrea Nunan, CEO Shire of Wiluna

Mr Chris Paget, CEO Shire of Ngaanyatjarraku

Ms Helen Westcott, Joint Executive Officer

3.3 Guests

Mr Phil Chadd, “roving ambassador” for the City of Kalgoorlie-Boulder (departed the meeting at 9.40am)

Ms Lisa Cunningham, Mango Leadership (joined the meeting at 9.05am and departed at 9.57am)

Mr Craig Hansom, Business Manager ROMAN II WALGA (joined the meeting at 10.23am and departed at 11.05am)

4. GUEST SPEAKERS/PRESENTATIONS

4.1 Meeting with Mr Phil Chadd, City of Kalgoorlie-Boulder’s “roving ambassador” to Advertise the Benefits to the RV Community of Staying in Kalgoorlie-Boulder (9.00am)

As Member Councils are aware, the City of Kalgoorlie-Boulder employs Mr Phil Chadd as its “roving ambassador” to advertise the benefits to the RV community of staying in Kalgoorlie-Boulder.

The CEO City of Kalgoorlie-Boulder has invited Mr Chadd to meet with the Technical Officers Working Group to discuss the following:

§ The 2015 Albany National Rally and how the region can gain some benefits; and

§ Becoming an RV Friendly region.

9.40am Phil Crabb left the meeting

Items 4.1, 4.2 and 4.3 were considered after item 6.3 but are recorded in numerical sequence.

RESOLUTION: Moved: Ian Fitzgerald Seconded: Stephen Deckert

1. That the GVROC Technical Officers Working Group recommend to the GVROC Council that quotes be obtained for the Goldfields Tourism Network to attend the Campervan Motorhome Club of Australia 2015 anniversary and national rallies to represent the region and maximise visitors to the 2015 Campervan Motorhome Club of Australia rally in Albany.

2. That the GVROC Technical Officers Working Group action the finalisation of the region being designated a RV friendly region.

CARRIED

4.2 GVROC LED Streetlight Project - Presentation by Communications Project Leader (9.30am)

Ms Lisa Cunningham from Mango Leadership will be presenting on the delivery of the communications plan for the GVROC LED Streetlight Project. Her presentation will include details on likely strategies for each town scheduled to have LED streetlights installed.

9.57am Meeting adjourned

10.23am Meeting resumed

10.23am Mr Craig Hansom and Mr John O’Sullivan joined the meeting

4.3 Mr Craig Hansom, Business Manager ROMAN II (10.00am)

Earlier in the year the Executive Officer was approached by WALGA’s Business Manager ROMAN II, Mr Craig Hansom, with a request to present at a meeting of the GVROC Technical Officers Working Group. The purpose of the presentation is to present an overview of the ROMAN II system and asset management in general.

A copy of the PowerPoint presentation by Craig is attached to the Minutes

11.00am Mr Ryan Wilson joined the meeting

11.05am Mr Craig Hansom and Mr John O’Sullivan left the meeting

RESOLUTION: Moved: Matthew Scott Seconded: Paul Webb

That a comprehensive report on regional asset management be presented by the City of Kalgoorlie-Boulder to the next Technical Officers Working Group.

CARRIED

5. MINUTES OF MEETINGS

5.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 11 July 2014 (Attachment)

Minutes of the GVROC Technical Officers Working Group Meeting held Friday 11 July 2014 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the Meeting of the GVROC Technical Officers Working Group held Friday 11 July 2014 be confirmed as a true and correct record of proceedings.

RESOLUTION: Moved: Richard Brookes Seconded: Matthew Scott

That the Minutes of the Meeting of the GVROC Technical Officers Working Group held Friday 11 July 2014 be confirmed as a true and correct record of proceedings.

CARRIED

5.2 Business Arising from a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 11 July 2014

Nil

5.3 Matters for Noting

Nil

At this point the meeting moved to item 6.3 but is recorded in numerical sequence

6. GVROC BUSINESS

6.1 Preparation of a Submission Detailing the Negative Impact of State Government Policy on Town Development across the Goldfields Esperance Region

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 31 August 2014

Attachments: Nil

Background:

At the meeting of the GVROC Council held Friday 13 June 2014 the negative impact of State Government policy on town development within the Shires of Coolgardie and Wiluna was raised for discussion, with Member Councils resolving as follows:

RESOLUTION: Moved: Cr Cullen Seconded: Cr Harris

1. That WALGA be requested to include the issues raised by the Shires of Coolgardie and Wiluna in the next meeting agenda of the WALGA Mining Policy Forum Agenda; and

2. That the GVROC develop a submission detailing the negative impact of State Government policy on town development across the Goldfields Esperance region, with the submission being forwarded to the Premier with a request to meet him to discuss the submission.

CARRIED

A number of requests for information have been made by the Executive Officer, the last being via email on 20 July 2014. To date, only the Shire of Coolgardie has provided information as per the email request.

Executive Officer Comment:

To prepare this submission “local input” is required. Without it a submission cannot be prepared and an argument to the State Government to help resolve the issue cannot be mounted.

Consultation: Nil

Voting Requirement: Simple majority

This matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Peter Crawford Seconded: Jim Epis

That the GVROC Technical Officers Working Group recommend to the GVROC Council that a meeting be requested with the Chair and CEO of Goldfields Esperance Development Commission with the view to facilitating a meeting with the Minister for Mines and Petroleum, Hon Bill Marmion MLA, to discuss the negative impact of State Government policy on town development across the Goldfields Esperance region.

CARRIED

6.2 Preparing a Digital Strategy for the Goldfields Esperance Region

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 31 August 2014

Attachments: Esperance Digital Futures Blue Sky Workshop Report

Esperance Digital Futures Action Plan

Background:

The need for a digital strategy was considered by the GVROC Council when it met on Friday 28 June 2013, with Council resolving as follows:

RESOLUTION: Moved: Cr Harris Seconded: Mr Epis

That GVROC:

1. endorse the application to Regional Development Australia Goldfields Esperance for $20,000 funding to assist in the preparation of a digital action plan for the region;

2. request Regional Development Australia Goldfields Esperance to arrange a meeting between Sue Middleton of Grassroots Development and Member Councils to discuss the preparation of a digital action for the region;

3. look to contributing $20,000 to assist in the preparation of a digital action plan for the region; and

4. seek funding of $20,000 from the Goldfields Esperance Regional Development Commission as an equal contribution in the preparation of a digital action plan for the region.

CARRIED

Member Councils met with Ms Sue Middleton of Grassroots Developments, the author of the Wheatbelt Digital Action Plan, at the GVROC Council Meeting held in Perth on Thursday 8 August 2013.

Following discussion on the preparation of an action plan for the region and advice from the Executive Officer that the Goldfields Esperance Development Commission was unable to provide funding for the development of a digital action plan, Member Councils resolved as follows on 8 August 2013:

RESOLUTION: Moved: Cr Wedge Seconded: Cr Petz

That GVROC Council write to the Goldfields Esperance Development Commission requesting that the Commission reconsider the GVROC’s application for funding to assist in the development of a digital action plan for the region.

CARRIED

A commitment for funding from the Goldfields Esperance Development Commission was not given.

Regional Development Australia Goldfields Esperance has provided GVROC with $20,000 for the development of an action plan. The $20,000 available to the GVROC should be sufficient to develop a plan for the region. It should be noted that if additional funding was required, GVROC could look to use its project funds to assist in the development of any plan for the region.

The uncertain future of the rollout of the National Broadband through NBN Co has made it extremely problematic to develop a proposal that would lead to the development of a digital action plan for the Goldfields Esperance Region. Any planning must take into account any new policies developed by the Federal Government.

Notwithstanding the above GVROC must give consideration to how the funds provided by Regional Development Australia Goldfields Esperance are to be used. Given the Federal Government is looking to implement stringent budgetary constraints on all its agencies the GVROC should look to ensure that it is permitted to keep the funds allocated to it.

When the Technical Officers Working Group further discussed the matter on Friday 16 May 2014 they resolved as follows:

RESOLUTION: Moved: Pascoe Durtanovich Seconded: Jim Epis

That the Executive Officer write to Regional Development Australia Esperance Goldfields to request an update on the rollout of the National Broadband through NBN Co in order that GVROC can commence work on preparing its digital action plan.

CARRIED

Executive Officer Comment:

Prior to meeting with the GVROC Council on Wednesday 6 August 2014 Peter Gurney, the Community Account Manager WA, for NBN Co provided the following information to the Executive Officer on the current work of the NBN:

§ NBN Co is responsible for the upgrade of Australia’s existing telecommunications network to provide wholesale services to retail service providers, bringing very fast broadband to Australians as the NBN rollout continues;

§ The Government has asked NBN Co to deliver fast broadband as quickly and as cost-effectively and as affordably as possible. A comprehensive review of the rollout was completed in December 2013 as part of a process of moving to a faster more cost-effective NBN;

§ NBN Co plans to upgrade the existing telecommunications network in the most cost-efficient way using best-fit technology and taking into consideration existing infrastructure. This will vary from place to place and will include technologies such as Fibre to the Node/Building (FTTN/B), Fibre to the Premises (FTTP), Fixed Wireless and Satellite. Other technologies may also be considered; and

§ NBN Co plans to submit its Corporate Plan in June 2014 and the plan will inform the rollout timeframe across Australia including what communities get what technology. These timeframes will be shared with the public in the second half of 2014.

The meeting on 6 August did not provide a great deal of additional, other than that Peter Gurney reinforced the need for and benefit to GVROC in preparing a digital action plan. And that the action plan should be prepared as soon as possible, with GVROC not waiting on the outcome o9f the NBN Review.

As indicated by RDAGE to GVROC’s Member Council in 2013, different approaches in the provision of a digital action plan have been undertaken by other regions. Two examples of this are:

§ RDA Wheatbelt developed the Wheatbelt Digital Action Plan which has five focus areas: digital learning; connectivity and access; leadership & advocacy; building community and services online; and, building digital innovation. See: http://rdawheatbelt.com.au/initiatives/wheatbelt-digital-action-plan; and

§ RDA Peel implemented the Peel Digital Future Network. iPeel is a network of Government, community and business people who act as a catalyst to identify and implement digital opportunities in the Peel region. iPeel members raise awareness of the economic, social and environmental benefits the NBN can provide to the region. See: http://www.digitalpeel.com.au/ipeel/

The Esperance Chamber of Commerce has prepared a digital action plan for the Esperance community. A copy of the action plan and the report from a workshop held in preparing the action plan also form attachments to the meeting agenda.

RDA Goldfields Esperance has advised that is happy to work with GVROC in the development of a digital action plan for the region.

In discussing the preparation of a regional digital action plan the Executive Officer believes that thought must be given to obtaining the opinions of those who might be involved in accessing/implementing any actions detailed within the plan once it is completed, eg businesses throughout the region, the local chambers of commerce etc.

Consultation: Nil

Voting Requirement: Simple majority

This matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Jim Epis Seconded: Paul Webb

That the GVROC Technical Officer2 Working Group seek a meeting with the Goldfields Esperance Development Commission to discuss the implementation of a digital strategy and plan for the Goldfields Esperance region.

CARRIED

6.3 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – Update on the GVROC Solar PV Project and the GVROC LED Streetlight Project

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 1 September 2014

Attachments: EMC Technical Analysis Final Report

Spreadsheet detailing financial benefits from the GVROC Solar PV and the GVROC LED Streetlight Projects

Background:

As Member Councils will be aware, it was resolved at the GVROC Council Meeting held on Wednesday 1 August 2012 to submit an application for CLGF funding in 2012/2013 for renewable energy and energy efficient projects, with Member Councils resolving as follows:

RESOLUTION: Moved: Cr Cullen Seconded: Cr Petz

That for the 2012/2013 round of regional CLGF funding, the Goldfields Voluntary Regional Organisation of Councils:

1. Submit an alternate energy project for the region with the pool of funding for the project to be determined by Member Councils, with Member Councils notifying the Executive Officer of their intention to participate in the project no later than Friday 31 August 2012;

2. That the City of Kalgoorlie-Boulder be given delegate authority to commence preparation of a business case for the alternate energy project, with the business case to look at participating Member Councils using funds from both the 2012/2013 and 2013/2014 allocations of regional CLGF funds;

3. Request the Goldfields Esperance Development Commission provide funding for the preparation of a business cases for GVROC Member Councils for the following projects in the 2012/2013 regional CLGF round of funding:

a) Retro-fitting of lighting and renewable energy power generation;

b) Regional waste management;

c) Norseman gateway project; and

d) A project for the Shires of Laverton and Ngaanyatjarraku (still to be determined); and

1. Give delegated authority to the GVROC Technical Officers Working Group to prepare and submit business cases for projects, other than the alternate energy project, agreed to for the 2012/2013 round of regional CLGF funds.

CARRIED

Since that time and following approval for the projects, the City of Kalgoorlie-Boulder as the Lead Council for the project has provided regular project updates.

Mr Greg Benvenuti, Senior Engineer - Manager Goldfields Region EMC has also met with Member Councils to brief Member Councils on the street lighting project.

The GVROC’s consultant for the street lighting project, EMC, has also submitted a final technical analysis for the project. This also forms an attachment to the meeting agenda.

In considering this item, Member Councils are reminded that a report on the two projects is required for the next meeting of the GVROC Council, with GVROC Council having resolved as follows on Wednesday 6 August 2014:

RESOLUTION: Moved: Cr Conklin Seconded: Mr Webb

That the GVROC Technical Officers Working Group undertake further work on the GVROC alternate energy project, with a report to be prepared for consideration at the GVROC Council Meeting to be held on Friday 24 October 2014.

CARRIED

Executive Officer Comment:

The report that follows has been compiled by Don Burnett and Ryan Wilson, the City of Kalgoorlie-Boulder’s Sustainability Officer.

LED Streetlight Project

This project is at a crucial point in its development, as the project plans for both the Esperance Leonora and the Laverton, Menzies and Dundas components have been approved by CEEP and GVROC through the City (as project lead) is now working to concrete milestone deadlines. The City/GVROC are bound to these milestones and the next one falls on 17 October 2014, for which streetlights for all participating shires must be ordered. A detailed communications plan must also be completed. Lisa Cunningham from Mango Leadership will be presenting on the formulation and implementation of this communications plan.

§ Horizon Power Tax Liability/Ownership of Lights

There has also been a significant development in recent weeks that needs to be addressed by GVROC CEOs immediately.

Horizon Power has indicated that for them to take ownership of the LED lights will result in a 27.6% tax liability associated with receiving ‘gifted assets’ that would be passed on to GVROC shires. This amounts to a $1.1M dollar impost that would need to be paid out of project funds. The federal department providing half of the project funds (CEEP) has indicated they are unable to allow their funds to pay for tax liabilities. As such, the only option is for participating shires (Esperance, Leonora, Laverton, Menzies and Dundas) to take ownership of the lights.

In discussion with the Esperance Regional Manager from Horizon Power, it was agreed that the best approach to this issue is for GVROC CEOs to outline a scenario that involves taking ownership of the LED lights that is acceptable to participating shires and submit this to Horizon Power for them to accept. One such scenario for GVROC CEOs to discuss is outlined below:

· Shires of Esperance, Leonora, Laverton, Menzies and Dundas take ownership of all new LED lights scheduled for installation in their respective shires;

· Horizon Power maintains responsibility for operation, maintenance and future replacement of all new LED lights installed;

· Current streetlight tariffs are retained until new LED tariffs are gazetted;

· New LED tariffs are submitted for gazettal in January 2015; and

· When new LED tariffs are gazetted, (July 2015) installed streetlights are switched over to these tariffs.

If these conditions are agreed upon by both parties, there will be no additional burden placed on participating shires, but it will allow for the elimination of the tax liability associated with Horizon Power receiving ‘gifted assets’. The City will submit these conditions to Horizon Power for approval and ensure Horizon Power is made aware that to comply with CEEP milestone deadlines they must respond by the end of September to facilitate the ordering of all streetlights.

The tendering process for acquisition of lights will be run by Horizon Power, with installation completed by Horizon Power and their subcontractors. There will be no burden placed on GVROC shires for these processes, as project management is being coordinated by consultants from Enigin and held accountable by the City of Kalgoorlie-Boulder. Participation of shires that are having lights installed will be required for the communications aspect of this project. Lisa Cunningham will be outlining this requirement for participation in her presentation.

§ Projected Benefits

The projected financial benefit to GVROC shires resulting from this project is outlined in Table 1 below. Financial benefit was calculated using the estimated new tariffs for LED lights to be gazetted by July 2015.

Town	Number of Streetlights	Projected Expenditure ($)	Projected Savings ($/yr)
Esperance	1,691	2,296,300	65,424
Leonora	265	663,691	7,761
Laverton	166	415,153	11,115
Norseman	268	398,566	11,631
Menzies	48	125,491	1,721
Total	2,438	3,899,201	97,652

Table 1

A spreadsheet detailing the projected benefits forms an attachment to the meeting agenda. The spreadsheet also details projected benefits for the solar PV energy project and a distribution of savings/revenue for participating Member Councils.

The financial benefit to GVROC shires for this project is relatively small compared to the outlay required, but there are significant benefits to the community that will result from this project. These include:

· Greater uniformity and levels of lighting across and along the streets;

· Improved colour rendering and visibility;

· Less depreciation of the light output over time with an asset life up to 10 times longer;

· Lower glare;

· Demonstration and encouragement of the deployment of energy efficient street lights (and other energy efficient technology) further afield by the energy utility Horizon Power, who are the owners of the street lights assets across most of regional WA;

· Demonstration and encouragement of the adoption of improved energy management practices in the broader community as the street lights are used by all local community members and visitors; and

· Improved safety and security of the local community through improved lighting, fewer occurrences of broken lights and reduction in instances of vandalism and anti-social behaviour

§ Project Schedule

The installation phase of this project is scheduled to commence in January 2015 in Esperance and finish in October 2015. Table 2 outlines the project schedule for the installation of lights across all participating shires.

Shire	Installation Commences	Installation Completed
Esperance	January 2015	August 2015
Menzies	March 2015	April 2015
Laverton	May 2015	July 2015
Norseman	July 2015	October 2015
Leonora	August 2015	September 2015

Table 2

Solar PV Project Update

The detailed technical analysis of potential sites for solar PV systems and their ideal sizes has been completed and submitted by EMC engineering. This report outlines a rough estimate of system costs as well as technical requirements imposed by Horizon Power and Western Power. Key issues that were considered:

· Systems installed on Horizon Power network require energy smoothing units to mitigate the sudden increase and decrease in power production associated with solar PV units

· GVROC shires on the Horizon Power network have maximum hosting capacity limits, which dictates the maximum total output of solar PV systems allowed in each town

· Potential solar PV system sizes are limited by available roof and ground space at each site

· Systems are eligible for export revenue for any excess electricity generation above each site’s consumption

The information within the report written by EMC will form the basis for proceeding with the project. Information provided on various solar smoother manufacturers will inform the tender selection process, as all tenders will be required to include smoother units approved for use on Horizon Power networks.

A copy of EMC’s report forms an attachment to the meeting agenda.

If GVROC CEOs agree to proceed with this project, the City of Kalgoorlie-Boulder can immediately look to award the contract for project management and aim to begin construction of solar PV systems in early 2015. The tender has not been released for this project yet, so there is no formal project schedule, but the last system should be completed by the end of 2016.

§ Projected Benefits

This project will deliver significant financial savings from reduced electricity consumption that will continue to increase over time as electricity prices rise. Each system scheduled for installation is designed to produce excess electricity for exporting back into the grid. This excess electricity will generate income for the shires, as Horizon Power will purchase it at pre-determined rates varying from shire to shire. The financial implications are outlined in Table 3 below.

Solar PV System	System Size (kW)	Projected System Cost ($)	Projected Electricity Savings ($/year)	Projected Income from Export ($/yr)	Simple PBP (years)
Esperance Admin Building	50	172,000	18,869	3,399	8.5
Menzies Admin Building & Depot	50	158,000	9,498	28,777	3.8
Menzies Caravan Park	20	65,000	5,357	36,385	5.2
Laverton Visitor’s Centre	50	156,000	10,308	33,067	4.3
Laverton TV Retransmission Hut	50	181,000	11,150	2,847	4.5
Kambalda Recreation Centre	150	383,000	57,020	8,055	5.6
Total	370	1,115,000	112,202	112,530	5.1

Table 3

The EMC technical report contains specific details of each system scheduled for installation including system orientation and proposed roof and ground areas for installation.

· Financial conclusions

The attached spreadsheet shows two (2) and the amounts may change accordingly. It is pointed out that electricity cost savings are based on present day values and no projections with annual increases have been done. The scenarios developed are:

1) PV Energy Project – this project assumes that there are 6 sites located 4 in Local Governments that provide an opportunity to install PV units. The EMC report provides more detail on this proposal. All up the estimated capital for the PV units is $1,412,182 and generates savings to the host sites of around $112,202 pa and export revenue, i.e. a cheque from Horizon of around $112,530 pa. Project management costs of $296,925 are distributed proportionately across the projects based on the capital expenditure. The total savings and revenue for this project is estimated at $224,732.

2) CEEP Street lighting project – this project has LED street lights installed across 5 local governments, with this sites being determined based on the best return from Horizon Power. With this project there are only savings generated by Horizon, no revenue is returned from the project. The original intent of this project was to get cost savings passed back but this isn’t the case. The is also the issue of “ownership” of the lights and this needs to be clarified so that there is absolutely not chance costs that future replacement, maintenance, upgrades etc. are passed back to the Local Governments. The total cost of this project is $4,214,199. Project management costs are estimated at $315,000 and the projected annual savings are $97,652.

3) Summary

The total value of these two projects is $5,626,381, off which $2,106,135 is CEEP money (Federal grant) and $3,340,024 being the 12/13 Country Local Government Fund (CLGF) for the Shires of Esperance, Leonora, Menzies, Coolgardie, Dundas and the City of Kalgoorlie-Boulder. The Shires of Laverton, Ravensthorpe, Wiluna and Ngaanyatjarraku didn’t have any CLGF in this project as there funds were directed to other projects. The original intent of this project was that the CEEP funds would be applied to any of the Local Governments that gave the best return but that savings or revenue would be shared with the Local Governments that put in CLGF monies, as $1,793,064 will be used to match the CEEP grant. For the PV project, there was always going to be a return to the Local Governments based on the proportion of the 12/13 CLGF grant. The summary on the attached spreadsheet gives the breakdown of the allocation and return by Local Government.

As can be seen from the summary, the Shire of Esperance receives the greatest capital investment for both projects, totalling $2,653,180 with savings/revenue of $87,692. The Shire of Laverton, although not having any CLGF allocated, has capital of $901,424 and savings/revenue of $91,132. The City of Kalgoorlie-Boulder doesn’t have any capital or savings/revenue. The challenge is for the Local Governments achieve equity in distribution of the savings/returns.

The following is proposed:

1. Shire of Esperance – electricity savings for PV and street lights are retained by the Shire, estimated at $84,293 pa. Projected revenue of $3,399 pa is remitted to the GVROC pool for distributed.

2. Shire of Menzies – PV and Streetlight savings of $23,179 pa are retained by the Shire. Projected revenue of $35,914 pa is remitted to the GVROC pool for distribution.

3. Shire of Coolgardie – PV and street lighting savings of $57,020 pa are retained by the Shire. Projected revenue of $8,055 pa is remitted by the Shire to the GVROC pool for distribution.

4. Shire of Dundas – Savings of $11,631 pa are retained by the Shire.

5. Shire of Leonora – Electricity savings from street lighting of $7761 are retained by the Shire.

6. Shire of Laverton – electricity savings from the PV and streetlight projects of $25,970 be retained by the Shire. Projected revenue of $65,162 is remitted to the GVROC pool for distribution.

7. If we use the proportion of the CLGF each Local government has in the project and compare their savings, the ROI is Esperance 9%, Menzies 5.3%, Coolgardie 11.9%, Dundas 3.1% and Leonora 2.3%. Kalgoorlie-Boulder doesn’t receive a ROI and Laverton gets a return without any CLGF contribution. The proposed GVROC pool can be used to equalise the situation and it is proposed that a minimum return of 7% is set and funds distributed accordingly. For those Local Governments already with a ROI over this amount, then there is no distribution from the pool.

8. The GVROC pool could have approximately $112,530 pa from the revenue stream from the PV project. To equalise to a minimum of 7% ROI, the following distributions would be made, Menzies $7,533, Dundas $14,505, Leonora $15871 and Kalgoorlie-Boulder $54,221.

9. It is proposed that these arrangements be maintained for 7 years and then all savings and revenues be retained by the host Local Government

10. Based on the above $92,129 would be distributed from the pool, leaving approximately $20,400 to be retained annually by GVORC for future project etc.

If the distribution was carried out as per above, the final savings/revenue for each participating Local Government would be:

Esperance (9%) $84,293

Menzies (7%) $30,712

Coolgardie (11.9%) $57,020

Dundas (7%) $26,135

Leonora (7%) $23,632

Kalgoorlie-Boulder (7%) $54,221

$276,013

Laverton – no capital $25,970

GVROC retained $20,401

$322,384

The projects have provision for tenders, contract management, assessment and reporting totalling $611,925, of which approximately $327,805 has been committed or is anticipated to be committed. To date the City of Kalgoorlie-Boulder has been the project manager and has not claimed any staff costs. It is proposed that the balance of the project management budget be split into 2 portions one being project contingencies of $140,000 and the balance of $144,120 towards the City’s costs to date and for future project management .

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That GVROC:

1. Subject to the CEEP funding paying for all costs, recommend to the Shires of Dundas, Esperance, Laverton, Leonora and Menzies to agree to enter into an arrangement with Horizon Power for the upgrade of streetlights in their Local Government area, noting that ownership may be required to be under the control of the local governments, however any formal agreement with Horizon will be required to state that no costs for maintenance, repairs, replacements or upgrades for these lights will ever pass to the Local Governments;

2. Agree to the PV alternate energy project and request the City of Kalgoorlie-Boulder to coordinate the calling of tenders and awarding of contracts for this project, noting that individual Local Governments will still be responsible for the calling and awarding of tenders in accordance with the Local Government Act for works in their areas; and

3. Endorse the financial arrangements outlined in this report, with the details to be formalised in an MOU between the parties.

This matter was considered after agenda item 5.3 but is recorded in numerical sequence.

RESOLUTION: Moved: Jim Epis Seconded: Peter Crawford

That GVROC Technical Officers Working Group:

1. Seek an urgent meeting with the Chairman of the Board and CEO of Horizon Power to discuss the impediments of the GVROC LED streetlight project in particular the implications of the “gift tax”.

2. Agree in principle to proceed with the GVROC LED project subject to resolving the issues surrounding ownership of the lights being under the care and control of Horizon Power.

3. Agree to the PV alternate energy project and request the City of Kalgoorlie-Boulder to coordinate the calling of tenders and awarding of contracts for this project, noting that individual Local Governments will still be responsible for the calling and awarding of tenders in accordance with the Local Government Act for works in their areas; and

4. Endorse in principle the financial arrangements outlined in this report, with the details to be formalised in a Memorandum of Understanding between the parties.

CARRIED

11.59am Ryan Wilson left the meeting

At this point the meeting returned to Item 4.1

6.4 Goldfields Esperance Tourism Plan

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 31 August 2014

Attachments: Draft Goldfields Esperance Tourism Plan

Background:

The Draft Goldfields Esperance Tourism Plan was first presented to GVROC by the Goldfields Esperance Development Commission (GEDC) last year with a request for feedback to ensure the GEDC had captured everything that was being planned or ideas for tourism products or attractions in the region.

The plan’s purpose is to be a record of what is currently being developed in the region. The GEDC had hoped the document would be a starting point to ensure anyone wanting to invest or look at tourism issues would be able to find an up to date document that provided this information.

The GEDC agreed to carry out this work as per the Regional Strategic Plan and as an initiative of the Goldfields-Esperance Tourism Alliance (GETA), the group formed by the GEDC following the withdrawal of Tourism WA from the region. The GEDC has advised that GETA is made up of the Goldfields Tourism Network, the Kalgoorlie-Boulder Visitor Centre, Australia’s Golden Outback, Esperance Tourism and itself. GETA has not met for some time.

The GEDC would like to finalise the plan as soon as possible on order that it can be placed on its website for reference.

That matter was considered by GVROC Council when it met on Wednesday 6 August 2014, at which time it resolved as follows:

RESOLUTION: Moved: Cr Norman Seconded: Cr Craig

That the GVROC Technical Officers Working Group review the Draft Goldfields Esperance Tourism Plan, with a report to be prepared for consideration at the GVROC Council Meeting to be held on Friday 24 October 2014.

CARRIED

Executive Officer Comment:

No further comment:

Consultation: Nil

Voting Requirement: Simple majority

This matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Peter Crawford Seconded: Ian Fitzgerald

That the GVROC individual Member Councils provide advice direct to Goldfields Esperance Development Commission on areas under the Member Council’s control.

CARRIED

6.5 Arranging a Meeting with the Minister for Police

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 18 August 2014

Attachments: Nil

Background:

As Member Councils are aware, GVROC wrote to the Minister for Police some time ago seeking a meeting to discuss police staff levels across the region.

The Executive Officer received a response from the Minister’s office on 16 August 2014 regarding the GVROC’s request to meet with the Minister.

Due to her heavily scheduled diary, the Minister is unable to meet with GVROC at this point in time. As such, she has requested that its request be forwarded to the Office of the Commissioner of Police, as policing numbers is an operational matter.

Executive Officer Comment:

The Executive Officer sees direction as to what further action should be taken with regard to this matter.

Consultation: Nil

Voting Requirement: Simple majority

This matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Richard Brookes Seconded: Stephen Deckert

That the matter lie on the table.

CARRIED

6.6 Regional Management Challenge for the Goldfields 21 - 22 November 2014

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 26 August 2014

Attachments: Nil

Background:

The City of Kalgoorlie-Boulder has requested that the matter of the regional management challenge for the Goldfields, to be held on 21 - 22 November 2014 be listed for discussion.

Executive Officer Comment:

No further comment:

Consultation: Nil

Voting Requirement: Simple majority

This matter is presented for consideration by Member Councils.

Meeting Comment:

The City of Kalgoorlie-Boulder advised that it would be committing four teams to the challenge.

The Shire of Esperance will have one team.

It was requested that the other Member Councils consider submitting at least one team and if this was not practical consider combining with other Councils to have a composite team(s).

RESOLUTION: Moved: Matthew Scott Seconded: Richard Brookes

That the information be noted.

CARRIED

6.7 Presentation on the Communication System “Whispr”

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 1 September 2014

Attachments: Nil

Background:

The Executive Officer recently attended a presentation by Telstra representatives on the communication system “Whispir”.

The demonstration was highly informative with the system appearing to have considerable application, including emergency management and other various forms of community engagement.

This might be something of interest for the Technical Officers Working Group to consider investigating.

Executive Officer Comment:

No further comment.

Consultation: Nil

Voting Requirement: Simple majority

This matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Peter Crawford Seconded: Jim Epis

That the matter be referred to the next Technical Officers Working Group Meeting.

CARRIED

7. LATE ITEMS as notified, introduced by decision of the Meeting

Nil

8. FUTURE MEETINGS/FUNCTIONS

An in-person meeting of the GVROC Council/GERCG Board was scheduled for Friday 24 October 2014 but due to the inability of the GVROC Chair and CEO to attend the meeting a new meeting date is required.

The Executive Officer emailed all Member Councils on 31 August 2014 seeking alternative dates for the meeting, with a request that a response be provide by lunch time on Monday 1 September. At the time of completing the meeting agenda the Executive Officer had received the following advice from Member Councils:

Shire of Coolgardie No information provided prior to completion of the agenda.

Shire of Dundas No information provided prior to completion of the agenda.

Shire of Esperance Council is not available Friday 17 October as the Esperance Show is held at this time. The week commencing Monday 20 is suitable from Council’s perspective, though the CEO is on leave until 27 October.

City of Kalgoorlie-Boulder Flexible

Shire of Laverton Flexible other than Thursday 23 October which is Council Meeting Day

Shire of Leonora Flexible – will work with date decided upon

Shire of Menzies Flexible other than Monday and Tuesdays which are generally difficult for Council

Shire of Ngaanyatjarraku The week commencing Mon 20 October is suitable from Council’s perspective but the week commencing 13 October is unsuitable as it is taken up with Ngaanyatjarra Land Council monthly Governing Committee meeting and AGM, and in the last week of October Councils meets on Wednesday 29 October 2014.

Shire of Ravensthorpe Council has commitments on the 20 and the 23 of the week commencing Monday 20 October (Council meetings on both days)

Shire of Wiluna No information provided prior to completion of the agenda.

Executive Officer Comment:

Given the problems associated with arranging a meeting date late in October the Executive Officer proposes that the meeting be held on Friday 7 November 2014

RECOMMENDATION:

That the next in-person meeting of the GVROC Council be held in Kalgoorlie-Boulder on Friday 7 November 2014, with the meeting commencing at 8.00am.

RESOLUTION: Moved: Matthew Scott Seconded: Jim Epis

That the next in-person meeting of the GVROC Council be held in Kalgoorlie-Boulder on Friday 7 November 2014, with the meeting commencing at 8.00am and consideration be given to holding a dinner on the Thursday night.

CARRIED

Friday 28 November 2014 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held Wednesday 4 December 2014

Friday 5 December 2014 – an in-person meeting of the GVROC Technical Officers Working Group (venue to be determined)

Note: The Executive Officer will be unable to fly to Kalgoorlie for this meeting should it be held. The Executive Officer, will, however, be able to participate via teleconference.

Friday 30 January 2015 – an in-person meeting of the GVROC Council/GERCG Board in Esperance

9. CLOSURE OF MEETING

There being no further business the Chair declared the meeting closed at 12.40pm

Arts Collection Advisory Committee: Minutes

2 October 2014 Page 240

RESOLUTION: Moved: Mr Brookes Seconded: Cr Williams

That GVROC:

1. Request that the Shires of Esperance, Dundas, Laverton, Leonora and Menzies endorse the proposal for Horizon Power to transfer ownership of the streetlights to be upgraded to LEDs to each Local Government so that this project can proceed, subject to Horizon Power entering into an agreement with each Local Government such that Horizon Power will be responsible for all costs associated with maintaining, repairs and replacing of the LED lights and that Local Governments are not responsible for any costs other than the revised lighting tariff that is subject to further negotiation;

2. Request Horizon Power lobby the State Government for the transfer of the LED lights back to Horizon Power ownership within 2 years without any cost to the Local Governments or Horizon Power;

3. Request Horizon Power to upgrade the streetlights to the technical specifications and costs as currently specified, by Horizon Power, as a minimum, noting that tenders are not required to be called by the Local Governments in accordance with the Local Government (Functions and General) regulations, clause 11 (2) (e) and (f);

4. Request that the City of Kalgoorlie-Boulder coordinate the calling tenders for the installations of solar PV units at the sites identified, with individual Local Governments to consider and award tenders in accordance with the overall objective of this project;

5. Request Shires of Esperance, Coolgardie, Dundas, Laverton, Leonora, Menzies and City of Kalgoorlie-Boulder endorse in principle the funding arrangements and the dividend (export tariffs) distribution formulae, for a period of 10 years, noting that this may change depending on the final tariff savings for the LED lights passed back to the Local Governments; and

6. Note the correspondence from Minister for Energy regarding the gazettal of the new LED Tariffs.

CARRIED

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Harris

That GVROC look at the potential for the tender to be expanded to include other Local Governments subject to budget capacity and approval.

CARRIED

8.4 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – Update on the GVROC Solar PV Project and the GVROC LED Streetlight Project

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 22 October 2014

Attachments: Correspondence from Minister for Energy regarding the Gazettal of the new LED Tariffs

Background:

RESOLUTION: Moved: Cr Cullen Seconded: Cr Petz

That for the 2012/2013 round of regional CLGF funding, the Goldfields Voluntary Regional Organisation of Councils:

a) Retro-fitting of lighting and renewable energy power generation;

b) Regional waste management;

c) Norseman gateway project; and

d) A project for the Shires of Laverton and Ngaanyatjarraku (still to be determined); and

CARRIED

Since that time and following approval for the projects, the City of Kalgoorlie-Boulder as the Lead Council for the project has provided regular project updates.

Mr Greg Benvenuti, Senior Engineer - Manager Goldfields Region EMC has also met with Member Councils to brief Member Councils on the street lighting project.

The GVROC’s consultant for the street lighting project, EMC, has also submitted a final technical analysis for the project.

When the City of Kalgoorlie-Boulder provided a project update to the GVROC Council at a meeting held on Wednesday 6 August 2014 it was resolved as follows:

RESOLUTION: Moved: Cr Conklin Seconded: Mr Webb

CARRIED

At the Technical Officers Working Group Meeting held on Friday 5 September 2014 Don Burnett, CEO City of Kalgoorlie-Boulder, and Ryan Wilson, the City’s Sustainability Officer, provided a detailed report on the projects to that time. Notes from that meeting’s agenda are provided below.

LED Streetlight Project

§ Horizon Power Tax Liability/Ownership of Lights

There has also been a significant development in recent weeks that needs to be addressed by GVROC CEOs immediately.

§ Shires of Esperance, Leonora, Laverton, Menzies and Dundas take ownership of all new LED lights scheduled for installation in their respective shires;

§ Horizon Power maintains responsibility for operation, maintenance and future replacement of all new LED lights installed;

§ Current streetlight tariffs are retained until new LED tariffs are gazetted;

§ New LED tariffs are submitted for gazettal in January 2015; and

§ When new LED tariffs are gazetted, (July 2015) installed streetlights are switched over to these tariffs.

§ Projected Benefits

Town	Number of Streetlights	Projected Expenditure ($)	Projected Savings ($/yr)
Esperance	1,691	2,296,300	65,424
Leonora	265	663,691	7,761
Laverton	166	415,153	11,115
Norseman	268	398,566	11,631
Menzies	48	125,491	1,721
Total	2,438	3,899,201	97,652

Table 1

§ Greater uniformity and levels of lighting across and along the streets;

§ Improved colour rendering and visibility;

§ Less depreciation of the light output over time with an asset life up to 10 times longer;

§ Lower glare;

§ Demonstration and encouragement of the deployment of energy efficient street lights (and other energy efficient technology) further afield by the energy utility Horizon Power, who are the owners of the street lights assets across most of regional WA;

§ Demonstration and encouragement of the adoption of improved energy management practices in the broader community as the street lights are used by all local community members and visitors; and

§ Improved safety and security of the local community through improved lighting, fewer occurrences of broken lights and reduction in instances of vandalism and anti-social behaviour.

§ Project Schedule

Shire	Installation Commences	Installation Completed
Esperance	January 2015	August 2015
Menzies	March 2015	April 2015
Laverton	May 2015	July 2015
Norseman	July 2015	October 2015
Leonora	August 2015	September 2015

Table 2

Solar PV Project Update

Systems installed on Horizon Power network require energy smoothing units to mitigate the sudden increase and decrease in power production associated with solar PV units.
GVROC shires on the Horizon Power network have maximum hosting capacity limits, which dictates the maximum total output of solar PV systems allowed in each town.
Potential solar PV system sizes are limited by available roof and ground space at each site.
Systems are eligible for export revenue for any excess electricity generation above each site’s consumption.

§ Projected Benefits

Solar PV System	System Size (kW)	Projected System Cost ($)	Projected Electricity Savings ($/year)	Projected Income from Export ($/yr)	Simple PBP (years)
Esperance Admin Building	50	172,000	18,869	3,399	8.5
Menzies Admin Building & Depot	50	158,000	9,498	28,777	3.8
Menzies Caravan Park	20	65,000	5,357	36,385	5.2
Laverton Visitor’s Centre	50	156,000	10,308	33,067	4.3
Laverton TV Retransmission Hut	50	181,000	11,150	2,847	4.5
Kambalda Recreation Centre	150	383,000	57,020	8,055	5.6
Total	370	1,115,000	112,202	112,530	5.1

Table 3

The EMC technical report contains specific details of each system scheduled for installation including system orientation and proposed roof and ground areas for installation.

§ Financial conclusions

1) PV Energy Project – this project assumes that there are 6 sites located 4 in Local Governments that provide an opportunity to install PV units. The EMC report provides more detail on this proposal. All up the estimated capital for the PV units is $1,412,182 and generates savings to the host sites of around $112,202 pa and export revenue, i.e. a cheque from Horizon of around $112,530 pa. Project management costs of $296,925 are distributed proportionately across the projects based on the capital expenditure. The total savings and revenue for this project is estimated at $224,732.

2) CEEP Street lighting project – this project has LED street lights installed across 5 local governments, with this sites being determined based on the best return from Horizon Power. With this project there are only savings generated by Horizon, no revenue is returned from the project. The original intent of this project was to get cost savings passed back but this isn’t the case. The is also the issue of “ownership” of the lights and this needs to be clarified so that there is absolutely not chance costs that future replacement, maintenance, upgrades etc. are passed back to the Local Governments. The total cost of this project is $4,214,199. Project management costs are estimated at $315,000 and the projected annual savings are $97,652.

3) Summary

The following is proposed:

2. Shire of Menzies – PV and Streetlight savings of $23,179 pa are retained by the Shire. Projected revenue of $35,914 pa is remitted to the GVROC pool for distribution.

3. Shire of Coolgardie – PV and street lighting savings of $57,020 pa are retained by the Shire. Projected revenue of $8,055 pa is remitted by the Shire to the GVROC pool for distribution.

4. Shire of Dundas – Savings of $11,631 pa are retained by the Shire.

5. Shire of Leonora – Electricity savings from street lighting of $7761 are retained by the Shire.

6. Shire of Laverton – electricity savings from the PV and streetlight projects of $25,970 be retained by the Shire. Projected revenue of $65,162 is remitted to the GVROC pool for distribution.

9. It is proposed that these arrangements be maintained for 7 years and then all savings and revenues be retained by the host Local Government.

10. Based on the above $92,129 would be distributed from the pool, leaving approximately $20,400 to be retained annually by GVORC for future project etc.

If the distribution was carried out as per above, the final savings/revenue for each participating Local Government would be:

Esperance (9%) $84,293

Menzies (7%) $30,712

Coolgardie (11.9%) $57,020

Dundas (7%) $26,135

Leonora (7%) $23,632

Kalgoorlie-Boulder (7%) $54,221

$276,013

Laverton – no capital $25,970

GVROC retained $20,401

$322,384

Following consideration of the above the Technical Officers Working Group resolved as follows:

RESOLUTION: Moved: Jim Epis Seconded: Peter Crawford

That GVROC Technical Officers Working Group:

Seek an urgent meeting with the Chairman of the Board and CEO of Horizon Power to discuss the impediments of the GVROC LED streetlight project in particular the implications of the “gift tax”.
Agree in principle to proceed with the GVROC LED project subject to resolving the issues surrounding ownership of the lights being under the care and control of Horizon Power.
Agree to the PV alternate energy project and request the City of Kalgoorlie-Boulder to coordinate the calling of tenders and awarding of contracts for this project, noting that individual Local Governments will still be responsible for the calling and awarding of tenders in accordance with the Local Government Act for works in their areas; and

4. Endorse in principle the financial arrangements outlined in this report, with the details to be formalised in a Memorandum of Understanding between the parties.

CARRIED

In addition to the above work, GVROC resolved when it met on Friday 28 March 2014 to write to the Minister for Energy regarding the new LED Tariffs. The resolution is shown below.

RESOLUTION: Moved: Cr Williams Seconded: Cr Stewart

That:

1. GVROC write to the Minister for Energy seeking assurance that the Gazettal of the new LED Tariffs will be completed in time for use in the 2014/2015 financial year;

2. Horizon Power be requested to pass on any additional savings to the GVROC through the use of new LED light technology over and above the new tariffs;

3. GVROC commit to the Community Energy Efficiency Program (CEEP) subject to the finalisation of the Horizon Power tender for LED lights and associated tariffs for this lighting; and

4. the GVROC Chair and/or GVROC CEO be given authority to sign off on the Community Energy Efficiency Program (CEEP) Project for the Goldfields Esperance Region.

CARRIED

A response from the Minister has now been received. It forms an attachment to the meeting agenda.

Executive Officer Comment:

On Tuesday 28 October 2014 the CEO City of Kalgoorlie-Boulder advised that the City and the Shire of Esperance would be discussing, via a phone hook-up, the future of the project with Horizon Power. He advised that the only way forward for the project to proceed is for the participating Councils to take over ownership of the lights as Horizon Power still maintain the asset tax of $1m+ makes the project unviable. GVROC, however still hasn’t seen the business case to back this up.

An informal briefing session of the Technical Officers Working Group was held via teleconference on Thursday 30 October 2014. The meeting looked at ways in which the project could proceed. Councils participating included the:

§ Shire of Dundas;

§ Shire of Esperance;

§ City of Kalgoorlie-Boulder;

§ Shire of Laverton;

§ Shire of Leonora;

§ Shire of Menzies; and

§ Shire of Ravensthorpe.

The CEO City of Kalgoorlie-Boulder advised that for the project to proceed the Shires of Dundas, Esperance, Laverton, Leonora and Menzies would be required to enter into an agreement with Horizon Power over the ownership of the assets, with Horizon Power guaranteeing that absolutely no costs will have to be met by the Councils.

For this to occur participating Councils would have to endorse the proposal and at next week’s GVROC meeting a formal position agreed to.

A further matter requiring resolution was one around the form of agreement that all parties will work towards having the assets transferred back to Horizon at no penalty to either party. This would require lobbying the State Government. In doing this GVROC would also work get a better tariff if Councils were required to take ownership of the lights.

Following their meeting with Horizon Power the Shire of Esperance and the City of Kalgoorlie-Boulder advised as follows:

§ Horizon Power will send through a revised model showing the cost savings for Horizon and the tariff savings for the participating Councils, with the model showing 2 scenarios, one being with the gifted tax to be paid by Horizon Power and the other scenario being Councils taking “ownership” of the fittings, not including the poles, and gifted tax is avoided. Horizon Power has undertaken to have a revised tariff to GVROC by COB on Wednesday 5 December 2014.

§ It is anticipated that the scenario of Councils taking on ownership should have a better financial outcome than originally modelled and advised by Horizon Power. Currently GVROC’s modelling showings a reduction in the tariffs of around $97k across the participating Councils.

§ In order for Councils to take on ownership with confidence, ie that there isn’t a corresponding financial burden to the Councils, a rock solid agreement with Horizon Power and the affected Councils need to be developed. This will need to clearly show that all installation, ongoing maintenance, replacement or any other costs will be met by Horizon Power.

§ Assuming the Councils involved take on the ownership, GVROC will commence the process of lobbying the State Government to approve the transfer of the assets back to Horizon within 2 years at no cost to the Councils involved or Horizon Power.

§ Horizon Power made it absolutely clear they would be responsible for all costs (cash and non-cash, operations and replacement), and even if GVROC was unsuccessful in lobbying the government re the gift tax, at some point the LED lights (at replacement) would become their asset, at no additional cost Councils. It was stated that this position had come from their CEO.

§ All of the above is subject to each participating Council formally ratifying the proposal

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That GVROC:

1. Endorse the actions undertaken by the Technical Officers Working Group with respect to GVROC Solar PV Project and the GVROC LED Streetlight Project; and

2. Note the correspondence from Minister for Energy regarding the gazettal of the new LED Tariffs.

RESOLUTION: Moved: Seconded:

13. Reports Of Committees

Item: 13.1

Minutes of the Arts Collection Advisory Committee

Author/s	Lynda Horn	Community Services Officer
Authorisor/s	Rod Hilton	Director Community Services

File Ref: D14/21185

Officer’s Recommendation

That the minutes of the Arts Collection Advisory Committee meeting held on 2 October 2014 be received.

Voting Requirement Simple Majority

Shire of Esperance

Arts Collection Advisory Committee

Thursday 2 October 2014

MINUTES

Breed	Sex	Colour	Name	Age
Chihuahua/Jack Russell	Sterilized F	Tan/White	Sandy	13 years
Chihuahua/Jack Russell	Sterilized M	Black/Tan	Rock	14 years
Staffordshire/Kelpie	M	Black/Tan/White	Calvin	3 years

Submission #	Submittor Details	Descripton of Affected Property	Submission Comments (Verbatim)	Planning Services Comments and Recommendation
1	Telstra	Servicing Agency	No Objection/No Comment	*Recommendation:* Noted. No modifications necessary as a result of this submission.
2	Main Roads WA	Statutory/Government Agency	No Objection/No Comment	*Recommendation:* Noted. No modifications necessary as a result of this submission.
3	C Keenan	Adjoining Landowner	Desires that a new boundary fence comprising 1800mm zinc dipped posts with 7 line ring lock antirust wire and 3 barb and plain wire be constructed between Lot 25 Keenan Road and his own property at Lot 4 Keenan Road. Further requests that fire breaks of sufficient width of accommodate fire trucks and 50,000L water supply tankers be left on each side of the newly erected fence	*Recommendation:* Noted. No modifications necessary as a result of this submission as the requests fall outside of the scope of an Outline Development Plan.
4	Department of Aboriginal Affairs	Statutory/Government Agency	No Objection	*Recommendation:* Noted. No modifications necessary as a result of this submission.
5	J & V Lys	Adjoining Landowner	Objects on the following grounds: 1) That the proposed smaller lot sizes will have a contrary impact on existing lots. 2) The smaller frontages do not fit with the character of the existing lots. The smaller lots will visually dominate and detract from the local character. The proposed lot sizes are significantly lower than other lots in the area. 4) Increased traffic generation and reduction in car parking. 5) Possible degradation of vegetation 6) Existing 5 hectare lots along Spencer and Eleven Mile Beach Road are not able to be subdivided despite being larger than the preferred lot sizes.	*Recommendation:* Noted. The Local Planning Strategy specifically states that in Precinct 24 - Pink Lake West that 'Lot sizes in the precinct will be between 1 and 4 ha'. All proposed lots within the ODP fall within this range and thus are compatible with the desired development form of the precinct. The reason why existing larger lots along Spencer and Eleven Mile Beach Roads are not able to subdivide is due to a 'No Subdivision' layer on Plan 2 in the Local Planning Strategy that is applied to lots in the Pink Lake area that have already been subdivided. While traffic in the area will be increased by any subdivision in the area, it is noted that subdivision under this ODP will require the upgrade of existing roads to handle the traffic generated by the new lots. Reduction in car parking is not relevant in a rural residential area. No modifications required as part of this objection.
6	Water Corporation	Statutory/Government Agency	No Objection/No Comment	*Recommendation:* Noted. No modifications necessary as a result of this submission.
7	A E & J A Wuttrich	Adjoining Landowner	Objects to the realignment of Keenan Road which would reduce the road frontage to his property and may result in difficulties with future subdivision as well as increased noise generation.	*Recommendation:* Noted. The objector raises a valid point, with the reduction in road frontage to his property impacting on his future subdivision options and also resulting in the loss of one of the existing accesses to their property. That said, the existing 90 degree turn on Keenan Road is not something that can be retained as it represents a hazard to road users, it is recommended that the applicant enter into discussions with the objector and Shire of Esperance Asset Management to determine the best course of action for that road. It is acknowledged that the proposal will result in increased noise generation via increased traffic and well as rural residential land uses (such as motorbikes), however this noise will result from any subdivision of the subject land.
8	Department of Water	Statutory/Government Agency	Subsequent to completion of subdivision for the purposes of the ODP, no further subdivision be undertaken. On-site invegetation of individual lots in the later winter/early spring to determine maximum water table levels and determine the preferred type and location of waste water disposal systems. A minimum roof area size for proposed dwelling should be implemented to ensure an adequate supply of water to all dwellings.	*Recommendation:* Noted. No modifications necessary. Applications for waste water disposal systems will be required to demonstrate maximum water table levels at time of application. A calculation for minimum roof area for collection of rainwater is included in the Local Planning Scheme and is subject to Amendment 14 to the Local Planning Scheme which amends the calculation to bring it in line with Planning Commission requirements.
9	Department of Health	Statutory/Government Agency	No objections so long as the lot size is a minimum of 2.0 hectares in the portion of the site location within the P2 Public Drinking Water Source Area. The ODP should require than an at risk residential or tourist development (e.g. In bush fire prone areas, flood plain, etc) has a Disaster Preparedness and Emergency Response Plan.	*Recommendation:* Noted. A notification on the title will be required at time of subdivision.

Area	Comments
Playgrounds	All playgrounds were inspected during the month as per the inspection schedule, with maintenance carried out as required. Quotes for the manufacture/installation of 3 shade sails at the Lions Park were received during the month. The project has been awarded to local company McMullen’s Blinds and Sails and is scheduled to be completed in early December prior to school holidays.
Mowing	Due to seasonal conditions creating excessive growth a number of parks and reserves were serviced out of schedule during the month. Slashing of Strategic Firebreak was undertaken during the month in preparation for the upcoming fire season, with works scheduled to be completed prior to the 14^th of November as required.
Irrigation	All irrigation systems are currently operating at a water budget of 75%, this will be increased to 100% in December as part of compliance with ground water licence allocations. Gibson Football Oval was subject to a lightning strike causing significant damage to the Rainman Irrigation controller and other associated electrics. Repairs are currently being undertaken to rectify the issues.
Landscaped Areas	Turf areas at Investigator Park in Flinders Estate were planted during the month utilising Vert-mower cuttings from turf renovations undertaken on sporting grounds. The grass has taken very well and is already starting to cover, it is expected the turf will take 8-10 weeks to establish.

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)

1.2.1 Monthly Building Statistics

8.4 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – Update on the GVROC Solar PV Project and the GVROC LED Streetlight Project

Author/s	Trevor Ayers	Executive Manager Commercial Division
Authorisor/s	Matthew Scott	Chief Executive Officer

a.	Cr McIntyre Resignation
b.	Explanation of Proposed Changes to Constitution
c.	Current ECCI Constitution
d.	Proposed ECCI Constitution
e.	Request for Sponsorship - Over the Horizon 2015

Author/s	Jennifer Parry	Manager Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

a .	Contract of Sale - Estate of Johnson to Singh - Confidential
b .	Lease - Vicky Johnson & Shire of Esperance - Confidential
c .	Certificate of Probate - Vicky Johnson - Confidential

Author/s	Tiffany Brown	OSH/Risk Management Officer
Authorisor/s	Shane Burge	Director Corporate Resources

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

a.	FINAL - Shire Branding Strategy - External Business Use - 2014 - Under Separate Cover
b.	FINAL - Shire Branding Strategy - External Business Use - Appendices 2014 - Under Separate Cover

Author/s	Lynda Horn	Community Support Officer
Authorisor/s	Rod Hilton	Executive Manager Community Division

Author/s	Helen Hall	Executive Assistant
Authorisor/s	Matthew Scott	Chief Executive Officer

a.	Information Bulletin 2014
b.	Interplan Report - Actions October 2014 - Under Separate Cover
c.	Interplan Report - KPI October 2014 - Under Separate Cover

Author/s	Jayne Arnold	Library and Culture Coordinator
Authorisor/s	Rod Hilton	Executive Manager Community Division