Ordinary Council: Agenda

26 May 2015 Page 4

Declaration of Interest (Notes for Your Guidance)

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4. If in doubt declare.

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

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

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

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

Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

26 May 2015 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 26 May 2015

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

Mr T Ayres Executive Manager - Commercial 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 April 2015 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

Retrospective Development Application - Unauthorised Carport, Patio & Alfresco (Deck), Lot 676 No 9 Smith Street, West Beach

Author/s	Nicholas Kleinig	Senior Development Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D15/9717

Applicant

Ramm’s Building Design on behalf of B P Lynn

Location/Address

Lot 676 (9) Smith Street, West Beach

Executive Summary

For Council to consider retrospective Development Application 10.2015.2773.1 for an unauthorised carport, patio and alfresco (deck) at Lot 676 (9) Smith Street, West Beach.

Recommendation in Brief

That Council retrospectively approve the carport and patio only, subject to the complete demolition of the alfresco area (decking, framework and roof over) and standard conditions.

Background

A retrospective application for an unauthorised carport, patio and alfresco area (decking, framework and roof over) was received by the Shire of Esperance on 7 January, 2015. The subject lot has an area of approximately 665.5m² and is zoned ‘Residential’ with a Density Coding of R12.5. Unauthorised works including the carport, patio and alfresco area (decking, framework and roof over) were identified as part of a development compliance inspection in the area on 7 August, 2014. Plans showing the unauthorised carport, patio and alfresco area (decking, framework and roof over) are attached as Attachment A.

The unauthorised “alfresco” area (rear of picture, being the main subject of this report) and the “carport”, which obscures the small compliant “patio” behind the steel cladding (left of centre, foreground). Note the finished floor level of the “alfresco” area relevant to the 1.8m high fence immediately behind.

Views, noting direct and non-compliant overlooking, from the unauthorised “alfresco” area (photographs courtesy of Ramm’s Building Design)

Officer’s Comment

The unauthorised carport and elevated alfresco area (decking, framework and roof over) are non-compliant with aspects of the Residential Design Codes (August, 2013) which guides built form in residential areas, however the patio as demarcated on the plans is deemed to be compliant. The most relevant area of non compliance impacting on adjoining properties relates to a standard 7.5m setback requirement to any property boundary from elevated (0.5m or more above natural ground level) ‘unenclosed outdoor active habitable spaces’, in this instance being the alfresco area (decking, framework and roof over). This provision of the Residential Design Codes (August, 2013) seeks to ensure that developments “…do not detract from the streetscape and are not visually intrusive to neighbouring properties”, and in this instance, with the unauthorised alfresco area (decking, framework and roof over) being elevated and at reduced setbacks to two adjoining properties, neither the development as existing nor as proposed complies with this requirement.

It should be noted that the applicant has attempted to address direct overlooking via means of partial screening on the northern side of the alfresco area (decking, framework and roof over). The screening is shown on the plans to be constructed to a minimum height of 1.643m above finished floor level and covers the adjoining stairs so that no overlooking into the objecting neighbours’ backyard is possible, pending final construction and compliance with the definition of “screening” following. The screening proposed does not however bring the development into compliance with the setback provisions nor ‘cone of vision’ requirements of the Residential Design Codes (August, 2013), although it does lessen the impact created by direct overlooking. No screening is proposed on the eastern side, and direct and non-compliant overlooking exists, though it should be noted that the property owners to the east did not lodge any formal comments during the statutory advertising periods. Following are definitions from the Residential Design Codes (August, 2013) that are pertinent in this instance:

Active Habitable Space: “Any habitable room with a floor area greater than 10m² and any balcony, verandah, terrace or other outdoor living area raised more than 0.5m above natural ground level.”

Cone of Vision: “The limits of outlook from any given viewpoint applying a viewing cut off angle not less than 45 degrees, for the purposes of assessing the extent of overlooking from that point outlined in Clauses 5.4.1 (7.5m) and 6.4.1 as set out in Figure Series 10 (below).”

Figure 10c from the Residential Design Codes (August, 2013), noting the 7.5m ‘cone of vision’ from what is labeled the ‘balcony’, being the equivalent of the elevated alfresco area (decking, framework and roof over) in this instance

Outdoor Living Area: “The area external to a single house, grouped or multiple dwelling to be used in conjunction with that dwelling such that it is capable of active or passive use and is readily accessible from the dwelling.”

Screening: “Permanently fixed external perforated panels or trellises composed of solid or obscured panels.”

Unenclosed: “An area bounded on no more than two sides by a permanent wall and covered in a water impermeable material.”

Wall: “The vertical external face of a constructed building comprising solid building material and including enclosures to verandahs and balconies.”

Due to the areas of non-compliance with the Residential Design Codes (August, 2013) as detailed above, the application was advertised to both impacted adjoining landowners, and in that time a valid objection was received by the Shire of Esperance from one (1) impacted adjoining landowner per Attachment B. The points raised in this objecting submission (stated verbatim) are addressed in the table following, noting that they have been addressed relative to current plans, not those originally provided:

Objection:	Officer’s Comment:
“The set back distance is to close to rear fence”	A valid planning consideration. A minimum setback of 7.5m applies to elevated decking (alfresco area) to minimise the impact of direct overlooking under Part 5.4 of the Residential Design Codes (August, 2013). Where this setback cannot be achieved, screening can circumstantially be a viable alternative, however in this instance the size of and boundary setbacks to the alfresco structure both as existing and as proposed whether with or without additional screening does not and would not, in the opinion of the assessing officer, meet the visual privacy building design objective, requiring that proposals “…do not detract from the streetscape and are not visually intrusive to neighbouring properties”. The removal of the alfresco area in its entirety is, in the opinion of the assessing officer, necessary to meet this objective.
“The floor level too high”	A valid planning consideration. Being more than 0.5m above natural ground level and at significantly reduced setbacks to both impacted adjoining property boundaries, any use of the decking (alfresco area) involves direct overlooking into neighbouring backyards which has significant privacy implications. In this instance the finished floor level of the alfresco in combination with reduced boundary setbacks of the alfresco structure both as existing and as proposed does not and would not, in the opinion of the assessing officer, meet the visual privacy building design objective (as detailed above), requiring that proposals “…do not detract from the streetscape and are not visually intrusive to neighbouring properties”. The removal of the alfresco area in its entirety is, in the opinion of the assessing officer, necessary to meet this objective. If the dividing fence was to be increased in height on either side to screen this overlooking, the dividing fence itself will become an unnecessary detriment to the visual amenity, use and enjoyment of the neighbouring properties, and the same can be said of increased screening, noting that either would only be necessary as a direct result of the unauthorised works carried out in the first place.
“The height of the structure is visually overwhelming”	A valid planning consideration. Boundary setback requirements for particular wall sizes set by the Residential Design Codes (August, 2013) exist for this very reason. Elevated decking is required to be 7.5m from property boundaries, though the remedial screening as proposed abates this to a degree. In light of the partial screening proposed, even if considered by definition to be a “wall”, the unauthorised alfresco area both as existing and as proposed does not meet the reduced boundary setback requirements. In this instance the height of the structure - even with the 0.943m reduction in overall height proposed - does not, in the opinion of the assessing officer, meet the building height design objective, requiring that proposals “…do not detract from the streetscape and are not visually intrusive to neighbouring properties”. The removal of the alfresco area in its entirety is, in the opinion of the assessing officer, necessary to meet this objective.
“Of concern is its enduring stability”	Not a valid planning consideration. This is however an issue that would be addressed by a practicing structural engineer as part of the Building Approval Certificate (retrospective Building Permit) stage.
“The run-off from the existing dwelling and new roof structure flows through to our property”	A valid planning consideration. The property owner has dealt with some unauthorised stormwater disposal issues separately to this application, and it should be noted that further stormwater retention is detailed on the plans provided.
“All sides need flashing and steel tube ends to be end capped”	Partially a valid planning consideration. The amended plans detail minor remedial works to improve certain aesthetic elements of the design as existing.
“There is an over use of un painted tin sheeting not in line with other dwellings in the area”	Partially a valid planning consideration in regards to visual amenity. The amended plans detail minor remedial works to improve certain aesthetic elements of the design as existing. Note that there is no longer a restriction on the use of reflective materials, with Council having rescinded this Policy.
“The finish of the existing dwellings eaves and fascias and rendering facing our property is incomplete”	A valid planning consideration. The amended plans detail minor remedial works to improve certain aesthetic elements of the design as existing.
“If the alfresco is approved with existing set back it would be detrimental to the value and visual appeal of existing dwellings”	Partially a valid planning consideration in regards to visual amenity. The amended plans detail minor remedial works to improve certain aesthetic elements of the design as existing. The removal of the alfresco area in its entirety is, in the opinion of the assessing officer, necessary to improve the visual amenity of surrounding properties.
“The height of the sub floor should be reduced to 500 mm”	A valid planning consideration. Noting the reduced boundary setbacks, comments from the adjoining landowners would need to be considered if the plans were amended to reflect this.
“The roof structure needs to be significantly lowered and strengthened”	Partially a valid planning consideration in regards to building / wall height and size near boundaries. The amended plans lower the ridge of the alfresco area by 0.943m from 5.643m to 4.7m, though still at a significantly reduced setback of only 0.489m from the eaves to the nearest property boundary. The strength of all unauthorised structures on site is an issue that would be addressed by a practicing structural engineer as part of the Building Approval Certificate (retrospective Building Permit) stage.
“Screening needs to extend to the existing dwelling covering the stair area”	A valid planning consideration. The applicant has amended plans to reflect this, with modified screening covering a height of 1.643m above finished floor level, inclusive of the stairs.

Per standard procedure, the applicant was afforded a chance to address the points raised in the objection, and this response is contained in Attachment C. In relation to these comments, it should be noted that in no way do the Residential Design Codes (August, 2013) make ‘views’ from a property a right, nor is this a valid planning consideration, particularly when these views come at the expense of the amenity and enjoyment of surrounding properties. Additionally, comments relating to adjoining building approvals, the appearance and the perceived use of nearby properties are not the subject of this application and should be dismissed as such.

The applicant took the opportunity to meet with the objecting adjoining landowner on April 15, 2015, in an attempt to mediate a favourable outcome for both parties, however no such outcome was reached. It should further be noted that the offending property owner has in the past carried out unauthorised works on the same property, and has previously been notified in writing that is an offence to do so per Attachment D, yet the subject works were carried out in spite of this.

The core of the matter reverts back to the size, reduced setbacks and overlooking issues created by the alfresco area (decking, framework and roof over) as a direct result of unauthorised works carried out that do not accord with provisions of the Residential Design Codes (August, 2013). While the increased dividing fence height and additional screening may abate part of the overlooking issue to the north (objecting party’s property), it does not bring the alfresco area into compliance with the Residential Design Codes (August, 2013), nor would it be a desirable outcome nor reasonable impost on the adjoining property owners to retrospectively approve this and the associated remedial works at the cost of neighbouring amenity.

In consideration of all of the above factors, it is recommended that Council retrospectively approve the carport and patio only, subject to the complete demolition of the alfresco area (decking, framework and roof over) and standard conditions.

Consultation

The original plans requesting retrospective approval for the unauthorised structures as existing were advertised in February to the impacted adjoining landowners to the north and east for comment due to areas of non compliance with the Residential Design Codes (August, 2013) as detailed above. One (1) formal objection was received during the statutory advertising period, while no comments were received from the other adjoining landowners.

In light of the objection received, following a site meeting between the applicant and the assessing officer in March, aspects of the plans were modified in an attempt to address the items raised in the objecting submission while also attempting to bring the alfresco area more into compliance with the Residential Design Codes (August, 2013). Once received and assessed, the modified plans were again advertised the following month to the impacted adjoining landowners to the north and east for comment, again due to areas of non compliance with the Residential Design Codes (August, 2013) as detailed above. In the opinion of the objecting adjoining landowner, the modified plans did not satisfy the points raised in their original objection, and they thus stand by the concerns raised in Attachment B.

Options

Option 1: Approve the application as submitted.

Option 2: Approve the application with modifications as determined appropriate by Council.

If this option is supported a condition should be applied that requires both the Northern and Eastern boundaries to have screening installed that is compliant with the R-Codes. This is not recommended however as it considered that the building bulk will present a detrimental impact on the visual amenity of adjoining lots.

Option 3: Refuse the application as submitted, enforcing the removal of all unauthorised structures.

Option 4: Approve the application in part, retrospectively approve the carport and patio only, subject to the complete demolition of the alfresco area (decking, framework and roof over) and standard conditions (Officer’s Recommendation).

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

1. Planning and Development Act 2005;

2. Local Planning Scheme No. 23;

3. Residential Design Codes (August, 2013);

4. Building Code of Australia;

5. Building Regulations 2012;

6. Shire of Esperance Local Laws Relating to Fencing.

Policy Implications

The policy implications arising from this report are:

1. Local Planning Policy - Planning Compliance

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

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

Active, attractive and affordable towns which the community are proud of and engaged in.

Environmental Considerations

Nil

Attachments

a .	Attachment A - Plans
b .	Attachment B - Objection
c .	Attachment C - Applicant's Response to Objection
d .	Attachment D - Letter Regarding Previous Unauthorised Works

Officer’s Recommendation

That Council retrospectively approve the carport and patio only, subject to the complete demolition of the alfresco area (decking, framework and roof over) and the following conditions:

1. An application for the complete demolition of the unauthorised “alfresco” area (decking, framework and roof over) is to be submitted to the Shire within ninety (90) days from the date of this determination.

2. Wall cladding on the carport is to be removed. If replaced, this must be with a clear and unobstructed sheeting (as indicated on the plans provided) in order to maintain the required passive surveillance of the street and approach to the dwelling.

3. Unless agreed to in writing between both property owners and with the express written consent of the Shire of Esperance, the dividing fence is to remain at a maximum height of 1.8m, being in accordance with the maximum height prescribed for a “sufficient fence” under the Shire of Esperance Local Laws Relating to Fencing.

4. 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).

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

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

7. 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.

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

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

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

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

5. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6. Please be advised that it is an offence under the Planning and Development Act 2005 to commence any development without first obtaining the necessary approvals from the Local Government, and penalties of up to $200,000.00 plus $25,000.00 per day for which an offence continues can apply.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 34

Item: 12.1.2

Development Application - Industrial Shed - Lot 489 (21) Sinclair Street, Castletown

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

File Ref: D15/9774

Applicant

Jared Mansell

Location/Address

Lot 489 (21) Sinclair Street, Castletown

Executive Summary

For Council to consider an Application for Planning Approval for Development Application 10.2015.2879.1 for an Industrial Shed at Lot 489 (21) Sinclair Street, Castletown.

Recommendation in Brief

That Council approve the application for planning approval for Development Application 10.2015.2879.1 for an Industrial Shed at Lot 489 (21) Sinclair Street, Castletown.

Background

An application for an Industrial Shed was received on 13 April 2015. The subject lot has an area of 2,114m² and is accessed from Stable Road. The land is zoned ‘Industry – General’. The existing Dwelling on the property was approved in 1969, with an attached patio approved in 1997. There are also approval for two garages issued in 1979 and 1993 and one for additions to an existing workshop issued in 1994.

Officer’s Comment

The proposed development requires a single variation to the provisions of Local Planning Scheme No. 23, with a proposed reduction in the primary street setback from 12 metres to 3 metres. Due to the unusual shape of the lot which restricts usage of the narrow eastern portion of the property, combined with the small size of the property and a desire to retain the existing Dwelling (which has non conforming use rights under Clause 4.8 of the Scheme), it is seen that the proposed setback is acceptable as there are very few options for an Industrial Shed on the property that would not result in variations to Scheme requirements.

Car parking will be provided in the front setback area, with 3 car parking bays required to service the development as per Local Planning Scheme No. 23 requirements for 1 car parking bay per 100 square meters for buildings in the ‘Industry – Business’ zone that do not fall under other provisions.

Consultation

As a variation to Scheme standards was proposed the process outlined in Clause 5.5 of Local Planning Scheme No. 23 was undertaken. No comments or objections were received from the 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

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

Plans and Justification

Officer’s Recommendation

That Council resolve to approve Development Application 10.2015.2879.1 for an Industrial Shed at Lot 489 (21) Sinclair Street, Castletown, subject to the following conditions:

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

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

3. A minimum of three (3) 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.

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

5. No parking or display of vehicles and/or equipment shall occur within the road verge area at any time.

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

7. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Asset Management) in accordance with the approved Stormwater Management Plan.

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

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

10. 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).

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

12. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

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

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

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

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.

6. The development is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for Planning Approval and/or Signs License for any signage proposed to be erected on site.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 42

Item: 12.1.3

Development Application - Bed and Breakfast Establishment - Lot 6 (109) Twilight Beach Road, West Beach

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

File Ref: D15/9844

Applicant

S M Gillen & L McIntyre

Location/Address

Lot 6 (109) Twilight Beach Road, West Beach

Executive Summary

That Council consider Development Application 10.2015.2891.1 for a Bed and Breakfast Establishment at Lot 6 (109) Twilight Beach Road, West Beach.

Recommendation in Brief

That Council approve Development Application 10.2015.2891.1 for a Bed and Breakfast Establishment at Lot 6 (109) Twilight Beach Road, West Beach subject to conditions.

Background

An application for a Bed and Breakfast Establishment was received on 22 April 2015. The subject lot is zoned ‘Residential’ R12.5 and has a lot size of 808.75m². Access to the property is from Twilight Beach Road. The existing Dwelling on the property was approved in 1978, with additions approved in 2005.

Officer’s Comment

The proposed development complies with all of the requirements of Local Planning Scheme No. 23 and is referred to Council solely for compliance with Planning Policy DEV-PS 001: Applications Lodged by Staff or Elected Members as the application for a Change in Use to Councillor McIntyre’s home.

As per Policy DEV-PS 001, as the proposal is not for the expansion/upgrading of an existing place of business or for the construction of their own place of residence, Council Consent must be obtained.

Consultation

Nil

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

Local Planning Policy: DEV-PS 001 – Applications Lodged by Staff or Elected Members

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

Plans

Officer’s Recommendation

That Council resolve to approve Development Application 10.2015.2891.1 for a Bed and Breakfast Establishment at Lot 6 (109) Twilight Beach Road, West Beach, subject to the following conditions:

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

2. A minimum of one (1) car bay for each bedroom used for bed and breakfast accommodation shall be provided on-site in addition to the car parking requirements for the dwelling.

3. On-site signage shall not exceed 0.2 square metres in area.

4. Emergency lighting and smoke alarms that are hard wired to mains power must be installed in the rooms and associated hallways in accordance with Part 3.7 of the Building Code of Australia.

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

6. No parking or display of vehicles and/or equipment shall occur within the road verge area at any time.

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

9. 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).

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

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

And the following advice notes:

1. The applicant is to liaise with Shire of Esperance (Building Services) to ascertain any requirement for a Building Permit for any works proposed.

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

4. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

5. The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for Planning Approval, Building Permit and/or Signs License for any signage proposed to be erected on site.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 48

Item: 12.1.4

Development Application - Keeping of Horses - Lot 67 Tranquil Drive, Windabout

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

File Ref: D15/9867

Applicant

C Burbidge & Maree Pollard

Location/Address

Lot 67 Tranquil Drive, Windabout

Executive Summary

That Council consider Development Application 10.2015.2864.1 for the keeping of a horse at Lot 67 Tranquil Drive, Windabout.

Recommendation in Brief

That Council approve Development Application 10.2015.2864.1 for the keeping of a horse at Lot 67 Tranquil Drive, Windabout, subject to conditions.

Background

An application was received on 27 March 2015 for the keeping of a horse on Lot 67 Tranquil Drive, Windabout.

Lot 67 Tranquil Drive, Windabout is a 2.26 hectare lot and is zoned ‘Rural Residential’.

As the property is partially affected by Special Control Area 5 – Wetlands of Significance and Lake Warden Recovery Catchment, the proposal was referred to the Department of Parks and Wildlife to ascertain their position on the proposal. The Department of Parks and Wildlife indicated that they have no objections to the proposal by phone the day the application was received and by email on 22 April 2015.

Officer’s Comment

Local Planning Scheme No. 23 prevents the keeping of horses on Lots under 4 hectares within Special Control Area 5 unless referred to the Department of Environment and Conservation (now known as Department of Parks and Wildlife) and their comments being given due regard.

As the Department of Parks and Wildlife advised that they have no objection to the proposal the proposal can be supported as it meets the requirement of Clause 6.9.5(b).

The proposal is referred to Council as 6.9.5(b) requires the determination to be made by Council.

The proposal was advertised to adjoining land owners under Clause 9.4 of the Scheme. As no objections were received it is recommended that the application be approved.

Consultation

The application was referred to adjoining landowners in accordance with Clause 9.4 of Local Planning Scheme No. 23. One non-objection was received from the two adjoining landowners.

The Department of Parks and Wildlife indicated that they have no objections to the proposal by phone the day the application was received and by email on 22 April 2015.

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

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

a.	Application
b.	DPaW Comments

Officer’s Recommendation

That Council resolve to approve Development Application 10.2015.2864.1 for the keeping of a horse at Lot 67 Tranquil Drive, Windabout, 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) Development is limited to one horse being kept on the site.

3) There is to be no direct access onto Fisheries Road. All access to the property is to be to and from Tranquil Drive.

4) 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.

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

And the following advice notes:

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

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 53

Item: 12.1.5

Draft Local Planning Policy - Signs

Author/s	Richard Hindley	Executive Manager - Statutory Division
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D15/10138

Applicant

Internal (Statutory Division)

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the preparation of the Signs Local Planning Policy for the purposes of seeking public comment under Clause 2.4.1 of Local Planning Scheme No. 23.

Recommendation in Brief

That Council prepare the Signs Local Planning Policy in accordance with Clause 2.4 of Local Planning Scheme No. 23 as per Attachment A.

Background

The Department of Local Government has advised the Shire of Esperance that the Joint Standing Committee on Delegated Legislation has found no clear provisions in Acts of Parliament that confer power to local governments to make local laws that provide for offences for non-compliance over signs and structures on private land.

Control on private land is derived from the Planning and Development Act 2005 and Local Planning Scheme No. 23.

Based on this advice Officers have prepared a report for Council’s consideration, which is contained in this agenda, which will commence the repeal of the Local Laws Relating to Signs 2004.

A draft local planning policy has been prepared that will provided a consistent set of controls in relation to the assessment and approval of signs.

Officer’s Comment

The Shire of Esperance has many different land uses (commercial, industrial, rural and residential), which have differing levels of signage needs.

Council will consider all applications for signage in accordance with the following objectives:

· To ensure that signs are appropriate for their location;

· To minimise the proliferation of signs;

· To ensure that signs do not adversely impact on traffic circulation and management, or pedestrian safety;

· To protect the amenity of residential areas, townscape areas and areas of environmental significance;

· To protect the significance of heritage places or buildings;

· To ensure that signs are constructed with quality materials and are maintained to a high standard;

· To encourage signs located within the Rural, Rural Smallholdings or Rural Residential Zone or in areas of environmental significance to be sympathetic with the natural environment in terms of size, materials and colours; and

· To ensure signs are generally erected on land where the advertised business, sale of goods or service is being carried out.

The draft Policy is consistent with the provisions of Local Planning Scheme No. 23.

The use of a planning policy will also provide a simplification in the process used to approve a sign. Under the current Local Law approval is required under the Local Planning Scheme, Signs Local Law and in some instances there is a requirement for a Building Permit.

Consultation

As this policy is being amended under Clause 2.4 of Local Planning Scheme No.23 the policy will be advertised for not less than 21 days before being brought back to Council for adoption with or without modification in light of any submissions received.

Advertising will consist of a notification being placed for two consecutive weeks in the Esperance Express.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Clause 2.4 of Local Planning Scheme No. 23

Planning and Development Act 2005

Policy Implications

This item relates to policy development.

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have due regard to a Local Planning Policy as required under Clause 10.2 of Local Planning Scheme No. 23.

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

Draft Local Planning Policy - Signs

Officer’s Recommendation

That Council prepare the Signs Local Planning Policy in accordance with Clause 2.4 of Local Planning Scheme No. 23 as per Attachment A.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 56

Council Policy No.:	*CP-4-0XX*
Policy Name:	*SIGNS POLICY*
Objective:	To provide a framework for the approval of Signs
Key Words	Sign, Signs
Statutory Compliance	Local Planning Scheme No. 23

Policy

1. OBJECTIVE

The Shire of Esperance has many different land uses (commercial, industrial, rural and residential), which have differing levels of signage needs.

The Shire will consider all applications for signage in accordance with the following objectives:

· To ensure that signs are appropriate for their location;

· To minimise the proliferation of signs;

· To ensure that signs do not adversely impact on traffic circulation and management, or pedestrian safety;

· To protect the amenity of residential areas, townscape areas and areas of environmental significance;

· To protect the significance of heritage places or buildings;

· To ensure that signs are constructed with quality materials and are maintained to a high standard;

· To ensure signs are generally erected on land where the advertised business, sale of goods or service is being carried out.

2. SCOPE

The principal purpose of this Policy is to provide assistance to business operators who wish to erect a sign on private land. The Policy sets out the standards applicable to different types of signage, the considerations of the Local Government in determining an application and the conditions that may be appropriately imposed on the planning approval for an advertisement.

3. DEFINITIONS

An advertisement is to be classified according to the following categories –

Billboard Sign - A one or two sided advertisement which is:

i) Supported by one or more piers which is not attached to a building, is greater than 6m² in size and has a minimum clearance of 2.7m from ground level.

ii) Attached to the side of a building and is greater than 6m² in size

Development sign – an advertisement displayed on a lot advertising units or lots for sale that complies with one of the following criteria:

i) The lot has been approved by the Department of Planning and Infrastructure for subdivision.

ii) The lot has been approved via planning scheme consent for residential development.

Display Home sign – means an advertisement sign which is displayed on a lot advertising a building company and inviting members of the public to inspect their dwelling on display.

Election notice – means a notice declaring a forthcoming election of public interest and/or calling for nominations of such election or a notice declaring the results of any such election.

Fly posting – means advertising by means of posters placed on fences, walls, trees, rocks and any like places, or things without authority, and “fly-post” has a like meaning.

Horizontal sign – an advertisement attached to a building with its largest dimension horizontal.

Illuminated sign – an advertisement that is so arranged as to be capable of being lighted either from within or without the advertisement by artificial light provided, or mainly provided, for that purpose.

Information panel – a panel used for displaying a posted or painted advertisement.

Institutional sign – an advertisement displayed on any land or building used as a surgery, clinic, hospital, rest home, home for the aged, or other place of a similar nature.

Monolith Sign - means an advertisement sign which is not attached to a building or any other structure and with it’s largest dimension being vertical. Such a sign may consist of a number of modules and is generally uniform in shape from ground level to the top of the sign.

Other advertisement – an advertisement, which is not described by any other category of advertisement referred to in Clause 3 of this Policy.

Projection sign – an advertisement that is made by projection of artificial light on a structure.

Property transaction sign – an advertisement indicating that the premises on which it is displayed are for sale or for lease or are to be auctioned.

Pylon sign – an advertisement supported by one or more piers and which is not attached to a building and includes a detached sign framework supported on one or more piers to which sign infills may be added.

Roof sign – an advertisement displayed on the roof of a building.

Rural producer’s sign – an advertisement displayed on land used for horticultural purposes and which advertises products produced or manufactured upon the land and includes the property owner’s or occupier’s name.

Semaphore sign – A sign, which is at right angles to the adjacent street and which projects more than 300mm from the face of a building

Sign infill – a panel, which can be fitted into a pylon sign framework.

Third Party Sign – a sign on any building or site or premises where the services or goods so advertised are not available to the public within that building or site.

Tower sign – an advertisement displayed on a mast, tower, chimneystack or similar structure.

Verandah sign – an advertisement above, on or under a verandah, cantilever awning, cantilever verandah and balcony whether over a public thoroughfare or private land.

Vertical sign – an advertisement attached to a building with its largest dimension vertical.

Wall sign – a sign affixed to an exposed sidewall of a building at right angles

to the street.

4. POLICY STATEMENT

In addition to the specifications contained in Table 1, the specifications and requirements for each category of advertisement referred to in clause 3 are stipulated below.

Overall Signage

No more than four (4) signs shall be located on each building, or in the case of a multi-tenanted building no more than two (2) signs per tenancy up to an overall maximum of ten (10) signs, inclusive of signage attached to a building’s roof, verandah or other architectural feature (does not include pylon signs or any other sign not attached to building).

Within the ‘Residential’ zone a sign of no greater than 0.2m²shall be permitted for approved home based businesses, and a sign of no greater than 1.0m² shall apply to approved consulting rooms, day care centres, medical centres or holiday accommodation units located in the ‘Residential’ zone.

Billboard sign

No more than one (1) sign is permitted where a lot has a frontage of at least 100m and there is at least 100m to the next billboard sign. Outside of a townsite one (1) sign is permitted per 1km. Outside of a townsite billboard signs are only to be located on South Coast Highway or Coolgardie – Esperance Highway. More than one sign may be permitted subject to advertising the proposal to adjoining neighbours and no concerns being raised my Main Roads WA.

Development signs

A development sign is to be removed from the site within 2 years of the grant of planning approval for the sign or when all of the lots or units, by number, in the subdivision/development have been sold, whichever is the sooner.

A development sign located within an existing residential area and directly opposite established houses is to have a maximum face of 3.0m². Where the sign is located internally of a new subdivisional area, or is located on land used for commercial purposes a maximum area of 6m² applies.

Large development or redevelopment projects involving shopping centres, office or other buildings exceeding three (3) storeys in height a sign not exceeding 9.0m² may be permitted along with an additional sign showing the name of the project builder.

Illuminated Signs

An illuminated sign shall -

(a) Have any boxing or casing in which it is enclosed constructed of combustible material;

(b) Not have a light of such intensity or colour as to cause annoyance to the general public or to owners and patrons of adjacent land;

(d) Have a minimum clearance of 2.75 metres from finished ground level.

(e) Not be located in a heritage precinct, if stipulated by a more specific planning policy, where illuminated signage is prohibited.

Information panel

A wall panel should comprise a framework surround with a lockable transparent cover behind which separate notices may be pinned affixed or painted.

Monolith sign

All monolith signs shall have infills, either translucent or opaque, filling the complete width and height of the sign. The monolith sign on a lot with multiple tenancies should be designed to allow all tenants to advertise in compliance with this Policy, and should not incorporate ‘brand or product’ advertising.

Projection sign

An application for approval for a projection sign should not be approved if, upon the sign being projected onto a structure, exceeds the specifications stated in columns 2 & 3 of Table 1.

Property transaction sign

(a) A property transaction sign advertising an auction shall, if approved –

i) not be erected more than 28 days before the proposed date of the auction;

ii) be removed no later than 14 days after the auction, subject property has been sold, or at the direction of the local government whichever is the sooner; and

iii) where such a sign is erected on land having a frontage to a road that is a main road within the meaning of the Main Roads Act 1982, consists of letters not less than 150 mm in height.

(b) A property transaction sign advertising grouped dwellings/commercial or industrial units in a building erected, or to be erected, are, or will be available for letting or for purchase shall, if approved –

i) not be erected before the issue of a planning scheme consent for any such building; and

ii) not be erected or maintained for a period exceeding three months following completion of any such building, without the prior approval of the local government.

Pylon sign

The pylon sign on a lot with multiple tenancies should be designed to allow all tenants to advertise in compliance with this Policy, and should not incorporate ‘brand’ advertising.

Roof sign

A roof sign shall -

(a) not extend laterally beyond the external wall of the structure or building on which it is erected or displayed.

(b) only be permitted where it can be demonstrated that, having regard to the character of the area in which they are to be situated, they do not adversely affect it’s amenities or those of other areas.

Rural Producer’s sign

A rural producer’s sign should not advertise anything other than the sale of produce grown on the land on which the sign is erected.

Semaphore sign

(a) A semaphore sign should be fixed –

i) at right angles to the wall or structure to which it is to be attached; and

ii) over or adjacent to the entrance to a building.

(b) No more than one semaphore sign should be fixed over or adjacent to anyone entrance to a building.

Tower Sign

A tower sign shall not extend laterally beyond the structure on which it is placed.

Verandah sign – verandah facia

A verandah sign fixed to the outer or facia of a verandah shall not project beyond the outer frame or surround of the facia.

Verandah sign – under verandah

An under verandah sign should be fixed at right-angles to the front wall of the building to which it is to be affixed, except at the corner of a building at a thoroughfare intersection, where the sign may be placed at an angle with the wall so as to be visible from both thoroughfares.

Vertical sign

A vertical sign where placed on a corner of a building at a thoroughfare intersection, may be placed at an angle with the wall so as to be visible from both thoroughfares.

Wall signs

Wall signs should not –

(a) be displayed on the front façade of a building;

(b) be closer than 1 metre from the front façade of the building to which it is attached.

5. ACCEPTABLE DEVIATION

The local government may exercise its discretion to approve a deviation from the specific standards subject to the applicant demonstrating that the likely affect of the location, height, bulk, scale, orientation and appearance of the advertisement will not:

(a) conflict with or detrimentally affect the amenity of the locality;

(b) interfere with traffic safety.

An application for variation of a standard shall include a sign strategy that shows the proposed location and size of all advertisement signs for the whole of the subject site.

6. SIGNS NOT PERMITTED

The following signs shall not be permitted, where:

(a) it would detract from the aesthetic environment of a park or other land used by the public for recreation;

(b) in the case of an internally illuminated advertisement, its display would cause glare or dazzle or would otherwise distract the driver of a vehicle;

(c) in the case of an externally illuminated advertisement, the light would not be directed solely onto the device and its structural surround and the light source be so shielded that glare would not occur or extend beyond the advertisement and cause the driver of any vehicle to be distracted;

(d) it would be likely to interfere with, or cause risk or danger to traffic on a thoroughfare by virtue of the fact that it:

(i) may be mistaken or confused with, or obstruct or reduce the effectiveness of any traffic control device;

(ii) would invite traffic to turn and would be sited so close to the turning point that there would not be reasonable time for a driver of a vehicle to signal and turn safely;

(iii) would invite traffic to move contrary to any traffic control device;

(iv) would invite traffic to turn where there is fast moving traffic and no turning lane;

(v) may obscure the vision of a person driving a vehicle;

(e) in the case of an illuminated advertisement, it may confuse with or mistaken for the stop or tail light of a vehicle or vehicles;

(f) it significantly obstructs or obscures the view of a river, the sea or any other natural feature of beauty; or

(g) any sign which, in the opinion of the Shire is objectionable, dangerous or offensive

(h) any sign painted the roof of any building;

(i) any sign that is sited within a road reserve during normal business hours (except signage approved in accordance with the Activities in Thoroughfares and Public Places and Trading Local Law 2001 (as amended)).

(j) any sign is located in the centre of any roundabout;

(k) it is Fly Posting;

(l) it is Third Party Signage, notwithstanding the placement of a such a sign in a public place where the advertisement in the absolute discretion of Council, is for the benefit or credit of the municipality.

(m) it would detrimentally affect the amenity of the area.

(n) it would detrimentally affect the significance and aesthetics of a place on the Heritage List.

7. CONTENT OF SIGNAGE

A sign shall generally not contain any information other than:-

• The name of any occupiers;

• Details of the business name or business carried-out on the land;

• Telephone or contact details;

• Details of the goods sold or services provided;

• The trademark or logo of the business;

• Signs that do not fall under the categories Monolith Sign, Pylon Sign, Tower Sign, Verandah Sign or Wall Sign may also contain information regarding products for sale;

8. EXEMPTED SIGNAGE

The following signage is exempt from gaining Planning Scheme Consent:

(a) a sign erected or maintained in accordance with an Act;

(b) a sign specifically exempted from gaining development approval as listed in Schedule 6 of Local Planning Scheme No. 23.

A person shall not erect or maintain a sign that would otherwise be an exempt sign under specified within this Clause, if it contains:

(a) any radio;

(b) animation or movement in its design or structure; or

It should be noted that a number of signs that exceed the standards stipulated in this policy will be exempt from approval under Schedule 6 of Local Planning Scheme No. 23 in certain circumstances.

9. LEGISLATIVE AND STRATEGIC CONTEXT

This policy has been made in accordance with Clause 2.4 of Local Planning Scheme No 23. The Policy does not bind the Local Government in respect of any application for Planning Consent, but the local government is to have due regard to the provisions of this Policy and the objectives which this Policy is designed to achieve before making its determination.

Ordinary Council: Agenda

26 May 2015 Page 63

Table 1

Advertisement	Maximum height of Sign (m) – Sign Face only	Maximum length of Sign (m)	Maximum Area of Sign Face (m²)	Minimum distance to bottom of Sign (m)	Maximum height above NGL (m)	Maximum projection from building (m)	Setback to front boundary (m)	Setback to side boundary (m)	Other Requirements
Development Signs
Established Areas	3.0	3.0	3.0	N/A	The height of the building on the lot which the sign is located or 4.0m where the site is vacant	N/A	2.0	5.0	· As per Clause 4 of Policy · Only one (1) development sign per lot
New Areas	3.0	6.0	6.0	N/A	The height of the building on the lot which the sign is located or 4.5m where the site is vacant	N/A	2.0	5.0	· As per Clause 4 of Policy · Only one (1) development sign per lot
Large Development or Redevelopment Projects	4.0	6.0	9.0	N/A	The height of the building on the lot which the sign is located or 5.0m where the site is vacant	N/A	2.0	5.0	· As per Clause 4 of Policy · One additional sign showing the name of the project builder or developer not exceeding 5.0m².
Display Home Sign	3.0	3.0	4.5	N/A	The height of the building on the lot which the sign is located or 4.0m where the site is vacant	N/A	2.0	5.0	· Only one (1) development sign per lot · The sign is not to be approved for a period in excess of 12 months.
Display Home Sign - Grouped Dwellings	3.0	3.0	6.0	N/A	The height of the building on the lot which the sign is located or 4.0m where the site is vacant	N/A	2.0	5.0	· In addition to one (1) Display Home Sign one sign showing the name of the project builder or developer not exceeding 5.0m² where development is by a single project builder of developer giving the details of the project building company or developer and details of the development.
Property Transaction Sign
Dwellings	2.0	3.0	3.0	N/A	2.5	N/A	N/A	N/A	· As per Clause 4 of Policy · No more than two (2) property transaction signs are permitted on any lot.
Multiple Dwellings/ Commercial/ Industrial	3.0	6.0	6.0	N/A	3.0	N/A	N/A	N/A	· As per Clause 4 of Policy · No more than one (1) property transaction sign is permitted per unit.
Multiple Dwellings/ Commercial/ Industrial – (shopping centres/ building over four (4) storey and rural/rural smallholdings over five (5)ha)	3.0	6.0	12.0	N/A	3.5	N/A	N/A	N/A	· As per Clause 4 of Policy · No more than one (1) property transaction sign is permitted per unit.
General Signage
Billboard	3.00	6.00	18.00	N/A	5.7	N/A	2.0	5.0	· As per Clause 4 of Policy · Only one (1) billboard sign per lot · Only permitted along Coolgardie-Esperance Highway and South Coast Highway
Horizontal Sign	1.2 where face is under 7.5 from natural ground level. 1.6 where face is over 7.5 from natural ground level	N/A	8.0	N/A	N/A	0.6	N/A	1.0	· Only one (1) horizontal sign per building façade (does not include second horizontal sign on verandah facia), or in the case of a multi-tenanted building one (1) horizontal sign per tenancy. · In the case of a stand-alone shopping centre development a maximum of four (4) horizontal signs are permitted. · A company’s logo/symbol (non-word) as part of a horizontal sign can extend to 2.0 metres where the sign is up to 7.5 metres from ground level and 2.5 metres where over 7.5 metres from ground level. · A horizontal sign shall not exceed 20% of the buildings front façade area.
Illuminated Sign	1.2	3.0	3.0	2.75	N/A	N/A	2.0	5.0	· As per Clause 4 of Policy
Information Panel	1.5	3.0	4.0	1.2	N/A	N/A	N/A	N/A	· As per Clause 4 of Policy
Monolith Sign	6.0	2.0	10.0	N/A	6.0	N/A	0.5	1.0	· As per Clause 4 of Policy · Only one (1) monolith or pylon sign per lot. · To be setback at least 6 metres from any other signage on the lot.
Portable Signs	1.2	1.0	1.2	N/A	1.2	N/A	1.0	2.0	· The sign is to relate only to the business activity described on the lot; · The sign is to be placed so as not to cause interference or be hazardous to vehicular traffic or cause any interference or hazard to or impede pedestrians; · Only one (1) portable sign shall be erected per business. · A person who erects a portable sign shall remove the same at the close of business each day and shall not erect the same again until the commencement of business on the following or a subsequent trading day.
Projection Sign	10.0	10.0	50.0	N/A	12.0	N/A	N/A	N/A	· Only one (1) projection sign per lot.
Pylon Sign	4.0	2.0	6.0	2.75	6.0	0.5	1.0	1.0	· As per Clause 4 of Policy · Only one (1) pylon or monolith sign per lot. · Setback 6.0m from any other signage on site. · Front setback can be reduced where the sign is located wholly within a landscaped area.
Roof Sign	2.5	N/A	4.5	4.0	N/A	N/A	N/A	1.0	· As per Clause 4 of Policy
Rural Producers Sign	2.0	1.5	4.0	N/A	3.0	N/A	1.0	1.0	· As per Clause 4 of Policy
Semaphore Sign	1.8	1.0	1.5	2.75	5.0	1.0	N/A	1.0	· As per Clause 4 of Policy
Tower Sign	20% of structures height	Width of structure	N/A	3.0	N/A	0.6	N/A	N/A	· As per Clause 4 of Policy
Vertical Sign	2.0	Shall not be within 1.8m of either end of the wall to which it is attached	4.0	2.5	N/A	0.6	N/A	0.9	· As per Clause 4 of Policy · The sign should not project more than 1.2m above the top of the wall to which it is attached. · A second vertical sign may be approved where at least a 6.0m separation is maintained between the proposed sign and another vertical sign attached to the same building.
Wall Sign	3.0	7.0	15.0	1.5	N/A	N/A	N/A	N/A	· As per Clause 4 of Policy · The sign is not to exceed the height of the building eaves to which it is attached.
Verandah Signs
Above Face	0.8	2.5	3.0	N/A	5.0	N/A	N/A	N/A	· To be located so that an equal distance from the sign to the outer return of each side of the facia is achieved.
On Face									· As per Clause 4 of Policy
Under Verandah									· As per Clause 4 of Policy · A 400mm setback from either end of the sign to the shopfront wall and verandah is required.

Ordinary Council: Agenda

26 May 2015 Page 66

12.2 External Services - Commercial Division

Item: 12.2.1

Approval to Tender Lots in Flinders Stage 2

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

File Ref: D15/10054

Applicant

Internal Report

Location/Address

See Attached – Map of Stage 2 Lots

Executive Summary

Approval to proceed to tender to allow properties in Flinders to continue to be sold via Chief Executive Officer (CEO) delegation for a further six month period.

Recommendation in Brief

That Council

1. Direct the CEO to advertise all unsold lots within Flinders Stage 2, excluding lots 236-252 and 290 and any lots under offer at the time the tender is advertised, for sale by tender.

2. Confirm it believes that the valuation received from Herron Todd White on the 30 May 2014 is still a true indication of the value of the unsold lots in Flinders Stage 2.

3. List all lots that an offer is not received on through the tender process.

4. Delegate authority to the CEO to negotiate and accept offers on all listed properties at or above the licensed valuations as received from Herron Todd White on the 30 May 2014.

Background

The current delegated authority to the CEO to accept offers on lots within the Flinders development expires on the 17^th of June 2015.

This delegated authority to the CEO can only be provided for a maximum of 6 months following a tender or auction process being undertaken. In order to enable Council to provide a delegation to the CEO for a further six months it is proposed another tender be called as soon as possible.

So far this financial year 4 lots have sold with no lots currently under contract (as at 6/5/2015). This leaves 14 lots currently listed for sale.

The valuation received in May 2014 is still seen as current following discussions with real estate agents and the valuer regarding current market conditions and based on the limited activity that has occurred since the last tender was undertaken.

Officer’s Comment

Due to no submissions being received for the last three tenders that have issued for lots in Flinders Stage 2, this recommendation has been developed to remove the need for Council to reconsider these lots prior to them being re-listed with real estate agents. In the event that one or more tender submissions is received, this recommendation will allow all lots not involved in a submission to be listed with real estate agents while the tenders are being considered.

It has been recommended that Council continue to rely upon the licensed valuation obtained in May 2014 [as allowed under s3.58 (4)(c)(ii)] as there has been little change in the market in the intervening time. If Council believes a new valuation is appropriate an amendment to the existing recommendation will enable this.

Consultation

KD Bishop Professionals Real Estate

Thorp Realty

Heron Todd White (valuer)

Financial Implications

Income from the sale of land at Flinders will, in the first instance, be used to repay borrowings for the WA Treasury Corporation.

Asset Management Implications

This report deals with the potential disposal of Council assets.

Statutory Implications

The statutory implications associated with disposing of property are contained within:

Local Government Act 1995

Section 3.58 Disposing of Property

Local Government (Function and General) Regulations 1996

Regulation 30 Dispositions of property excluded from Act s. 3.58

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

resilient and financially stable Shire.

Environmental Considerations

N/A

Attachments

Map of Stage 2 Lots

Officer’s Recommendation

That Council

1. Direct the CEO to advertise all unsold lots within Flinders Stage 2, excluding lots 236-252 and 290 and any lots under offer at the time the tender is advertised, for sale by tender.

2. Confirm it believes that the valuation received from Herron Todd White on the 30 May 2014 is still a true indication of the value of the unsold lots in Flinders Stage 2.

3. List all lots that an offer is not received on through the tender process, at the following prices:

LOT	SIZE (SQM)	VALUE
214	762	$190,000
226	766	$185,000
227	766	$185,000
228	766	$185,000
266	768	$190,000
267	768	$190,000
271	801	$190,000
275	801	$185,000
276	760	$190,000
277	760	$190,000
278	760	$190,000
280	760	$190,000
281	760	$190,000
289	760	$190,000

4. Delegate authority to the CEO to negotiate and accept offers on all listed properties at or above the licensed valuations as received from Herron Todd White on the 30 May 2014.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 71

12.3 External Service - Community Division

Item: 12.3.1

Community Grants Program - Activity Program Allocations

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

File Ref: D15/9984

Applicant

Internal

Location/Address

N/A

Executive Summary

That council considers the Community Activity Program applications that have been received for the July School Holidays.

Recommendation in Brief

That Council approves a grant of

1. $1,000 to the Cannery Arts Centre for the July Holiday Kickarts program; and

2. $1,780 to Esperance Community Arts for the Hip Hop community youth performance and concert.

Background

The Community Activity Program has an annual budget of $12,000. The funding program supports the delivery of projects, programs and activities during the school holiday period. Applications are open four

times per year. This is the fourth and final round of applications for the 2014/2015 financial year.

One application was received by the due date of Friday 1 May 2015. The second application was received on 8 May 2015. The applications are summarised below:

Cannery Arts Centre – July Summer Holiday Kickarts

Description: provision of 15 arts and crafts based activities during the July holiday period for children and youth. This funding will assist in keeping the costs low for participants. Based on previous workshops the anticipated participation is approximately 103 people.

Total Project Cost: $5,602

Funding Request: $1,000

Esperance Community Arts – Hip Hop community Performance

Description: as part of a six month project, hip hop workshops with be conducted with local schools which will result in a community performance. Approx 100 youth will attend the workshops, culminating in a free community hip hop performance. Funding is sought to assist with the venue hire and sound technicians at the civic centre for the free community event.

Total Project Cost: $6,620

Funding Request: $1,780

Officer’s Comment

The Cannery Arts Centre has conducted programs previously that have been well organised, attended and acquitted accordingly. Council funding is required as a contribution towards the purchase of materials and tutors fees.

A late application has been received from Esperance Community Arts. This event was initially to be held outdoors, however, the impact of inclement weather is a concern and it has been decided to bring the community performance indoors at the civic centre. The project has been developed to link in with NAIDOC celebrations as NAIDOC week occurs during July school holidays. Grant funding is sought to hire the civic centre and technical support for this free youth and family community event.

Consultation

Applications for the Community Activity Program were called between the 1 April 2015 and the closing date on the 1 May 2015. The program was advertised in Council Connections and on the Shire Web site and Facebook page as well as emailed to community groups.

The applications have been reviewed by the Community Support Officer and the Executive Manager Community Division.

Financial Implications

There are no known financial implications from this report as the Community Activity Program has already been budgeted for the 2014/2015 financial year. The Community Activity Program has $7,000 remaining in the budget.

Asset Management Implications

N/A

Statutory Implications

N/A

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.4 Encourage and support volunteers and community groups

Corporate Business Plan 2013/2014 – 2016/2017

Action 1.4.1.2 Manage the Community Grants Program

Environmental Considerations

N/A

Attachments

a.	Application - Community Grants Program - Activity - Cannery Arts Centre
b.	Application - Community Grants Program - Activity - Esperance Community Arts

Officer’s Recommendation

That Council approve the following grant applications to the Community Grants Program – Activity Program:

1. $1,000 - Cannery Arts Centre July Holiday Kickarts program.

2. $1,780 - Esperance Community Arts Hip Hop Community Youth Performance and Concert.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 93

12.4 Asset Management

Item: 12.4.1

Tender 01/15 Subcontract Plant Hire 2015/16

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D15/9968

Applicant

Asset Management

Location/Address

N/A

Executive Summary

This report provides Council with details of the submissions received from Tenderers offering Subcontract Plant Hire for the 2015/16 financial year.

Recommendation in Brief

That Council accept all tenders for Tender 01/15 – Subcontract Plant Hire 2015/16, detailed in the schedule of rates as tabled, for use in the 2015/16 financial year, with all tenderers to be informed that acceptance of any tender and inclusion of that service or supply on the Shire of Esperance Conforming Contactor Database does not grant exclusive rights to Shire of Esperance works and does not guarantee any quantity of work.

Background

Section 3.57 of the Local Government Act 1995 and Division 2 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services is expected to be higher than $100,000 per annum.

In order to comply with the above provisions, Council called tenders for the hire of subcontract plant for the 2015/16 financial year. Tender 01/15 was advertised in the West Australian on 10 April 2015 and was advertised in the Esperance Express on the 10 and 15 April 2015, with a closing time of 2.30pm on Friday, 2 May 2014.

Officer’s Comment

It is proposed to accept all tender submissions, as has been the practice in the past, as this allows greater flexibility in being able to secure appropriate plant for various Shire projects when required. Approved tenderers will be engaged as and when required to the most satisfactory advantage of the Shire throughout 2015/16. It will be stressed to all tenderers that acceptance of their tender does not guarantee any work during the financial year.

The services sought as part of this tender were:

· Dozer

· Grader

· Loader

· Scraper

· Trucks

· Water Tankers and Trailers

· Miscellaneous (Tree Lopping, Rollers, Bobcat, Street Sweeping, etc).

The inclusion of one six monthly calculation to allow a rise and fall for fuel costs throughout the financial year has been retained. The tender prices will only be adjusted if the fuel price fluctuates (increase or decrease) by more than 20%.

A comparison of costs from the current financial year to the proposed tender, show that increases are minimal, if at all, with any increases averaging around 5%. There has also been a slight increase in the number of submissions received this year, to previous years.

Consultation

Nil

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

The successful tenderers will allow appropriately qualified subcontractors to be utilised on Road Construction and Maintenance projects predominantly, thereby assisting in asset maintenance and renewal.

Statutory Implications

Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Division 2.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Environmental Considerations

N/A

Attachments

a .

Confidential - RFT 0115 - Subcontract Plant Hire - Price - Confidential

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 96

Item: 12.4.2

Tender 02/14 Subcontract Building Services 2015/16

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D15/10146

Applicant

Asset Management

Location/Address

N/A

Executive Summary

To advise Council of submissions received from Tenderers offering Subcontract Building Services for the 2015/16 financial year and recommends that Council accept all tenders received for Tender 0215 Subcontract Building Services for 2015/16.

Recommendation in Brief

That Council accept all tenders for Tender 0215 Subcontract Building Services 2015/16, detailed in the schedule of rates as tabled, for use in the 2015/16 financial year, with all tenderers to be informed that acceptance of any tender and inclusion of that service or supply on the Shire of Esperance Conforming Contactor Database does not grant exclusive rights to Shire of Esperance works and does not guarantee any quantity of work.

Background

In order to comply with the above provisions, the Shire calls for tenders for the supply of Building Subcontract Services on an annual basis. Tender 02/15 was advertised in the West Australian on 10 April 2015 and was advertised in the Esperance Express on the 10 and 15 April 2015, with a closing time of 2.30pm on Friday, 2 May 2014.

Officer’s Comment

It is proposed to accept all tender submissions, as this allows greater flexibility in being able to secure appropriate subcontractors for various Shire projects when required. Approved tenderers will be engaged as and when required to the most satisfactory advantage to the Shire of Esperance throughout 2015/16. It will be stressed to all tenderers that acceptance of their tender does not guarantee any work during the financial year.

The services sought as part of this tender were:

1. Plumbing

2. Plumbing Gas & Refrigeration

3. Electrical

4. Glazing

5. Carpentry

6. Cabinet Maker

7. General Labour

8. Painting

9. Fire Services

10. Mechanical / Air-conditioning

11. Cleaning

12. Drafting Services

Consultation

Nil

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

The successful tenderers will allow appropriately qualified subcontractors to be utilised on Shire building maintenance projects thereby assisting in asset maintenance and renewal.

Statutory Implications

The statutory implications associated with this item are Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Division 2.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Civic Leadership

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

Environmental Considerations

Nil

Attachments

Confidential - RFT 0215 - Subcontract Building Services - Price - Confidential

Officer’s Recommendation

That Council:

1. Accept all tenders for Tender 0215 Subcontract Building Services 2015/16, detailed in the schedule of rates as tabled, for use in the 2015/16 financial year, and

2. Inform all tenderers that acceptance of any tender and inclusion of that service or supply on the Shire of Esperance Conforming Contactor Database does not grant exclusive rights to Shire of Esperance works and does not guarantee any quantity of work.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 98

Item: 12.4.3

Replacement of Bitumen Spraying Trailer

Author/s	Chris Hubble	Technical Officer
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D15/10143

Applicant

Internal

Location/Address

Asset Management

Executive Summary

To consider quotations for the supply, delivery and licensing of one new 2000L bitumen emulsion spraying trailer.

Recommendation in Brief

Council should accept quotation from Paveline International Pty Ltd for the supply, delivery and licensing of one new 2000L Bitumen Emulsion Spraying Trailer as specified, a net changeover of $61,010.00.

Background

Replacement of Bitumen Spraying Trailer (1992) Registration 8TC931, Shire ID TR36, Plant ID. 157001 was accepted by Council as a capital bid and adopted as part of the 2014-15 budget.

Quotes were obtained for the supply, delivery, and licensing of one new 2000L Bitumen Emulsion Spraying Trailer from two (2) suppliers: Paveline International Pty Ltd, and Ausroad Systems.

Shire officers evaluated the received quotes based on price and compliance with requested specifications.

Officer’s Comment

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

Assessment

Paveline International Pty Ltd	Ausroad Systems
97.30	56.11

The Shire’s current bitumen spraying trailer is well utilised year round, used for reseals, patching potholes, drainage works, driveways, and as such is an essential part of the Shire plant for construction and maintenance.

The current bitumen spraying trailer uses a gas burner to heat emulsion for spraying, this is an outdated method and will not be sustainable for much longer due to safety concerns. The new trailer would use an electric heating system to heat the emulsion, providing much safer operation.

The new trailer would have a emulsion carrying capacity of 2000L, double that of the existing trailer. This would allow for higher efficiency as it will prevent works crews from making multiple trips to refill the tank.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisors

Financial Implications

Council has allocated $45,000.00 (excluding GST) net changeover in its 2014/15 Budget. The net actual changeover for this Trailer is $16,010.00 (excluding GST) over budget. See confidential attachment for quotation comparison.

The excess money for this purchase is to be obtained from the budget surplus from the YTD heavy plant purchases. Out of this years budgeted changeover of $1,151,182.00, there is currently a surplus of $175,282.

This item was originally budgeted for $45,000.00 under the assumption that the replacement would be a skid mounted unit to be mounted on a truck. During the course of proceedings, it was decided by Shire officers that a skid mounted unit would not be appropriate, and a trailer mounted unit would be better suited for the job. As such, this change in specifications has resulted in a higher purchase price.

Asset Management Implications

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

This replacement is in accordance with Council’s adopted Fleet Asset Management Plan and the 10 Year Plant Replacement Program contained within.

Statutory Implications

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

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

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

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

Environmental Considerations

Nil

Attachments

Bitumen Spraying Trailer Comparison for Council - Confidential

Officer’s Recommendation

That Council accept quotation from Paveline International Pty Ltd for the supply, delivery and licensing of one new 2000L Bitumen Emulsion Spraying Trailer as specified, a net changeover of $61,010.00

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 101

Item: 12.4.4

Site Selection - Esperance Skate Park

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D15/9898

Applicant

Asset Management

Location/Address

To be determined

Executive Summary

This report recommends the new location for the Esperance Skate Facility.

Recommendation in Brief

That Council build the proposed new Esperance Skate Park on reserve 27318 (Site 2) William Street South of Boat Ramp as per the site assessment report produced by Convic.

Background

The Shire of Esperance Skate Park Facility was constructed approximately 20 years ago and has reached the end of its useful life. When established the Esperance Skate Park was intended to provide the community of Esperance with a suitable skate park facility, however despite regular maintenance, signs of wear and tear associated with the age of the skate park are now apparent along with suggestion by Convic that the skate park’s design may no longer be functional from a best practice point of view.

Consultants, Convic, have been engaged to undertake public consultation to develop a concept plan for a replacement skate park. Part of the process is the identification of a suitable site prior to commencement of concept plans and a Site Selection Report has been completed with a preferred site identified from 8 options.

Officer’s Comment

In April, Convic provided to the Shire of Esperance the Site Selection Report that outlined the site selection process and criteria considered to form a successful youth space, summarises the results and recommends a preferred location for the new skate facility. The sites were assess in accordance with a number of site selection criteria including –

1. Physical site conditions and technical considerations

2. Access / transport

3. Natural surveillance, security and safety

4. Proximity to amenities (water, toilets, shade, food & shelter)

5. Impact on existing facilities, adjoining uses and users

6. Distance from housing and incompatible land use

7. Event space opportunities

8. Maintenance

9. Context and amenity

10. Consistency with strategic objectives

The eight (8) sites included in the Site Selection Report prepared by Convic included:

Site one – 40% - Existing Skate Park

Site two – 87% - William Street South of Boat Ramp

Site three – 81% - Esperance Waterfront between James & Andrew Street

Site four – 75% - Black Street between Indoor Stadium & Bay of Isles Leisure Centre

Site five – 49% - Esplanade Location South of Taylor Street

Site six – 54% - Corner of Jane & Forest Streets

Site seven – 37% - Kalinda Park

Site eight – 45% - Lalor Park

As can been seen from above the preferred site, in accordance with the Site Selection Report was William Street, south of the boat ramp with a 87% ranking.

The next step in the process was community consultation utilising Convic on the 30 April 2015 to discuss the location of the new Esperance Skate Park and to explore skate elements to contribute to the design of the new facility. Four (4) consultation sessions were held including two (2) community workshops, a meeting with Shire maintenance staff and a briefing session with members of Council and Executive of the Shire. In all approximately 88 people attended the sessions. Attendees at the community workshops were provided with a survey outlining the eight (8) possible sites for the new skate facility, and asked to provide their first, second and third preferred site.

Respondents were asked to rank their top three preferred sites and the table below shows the results of the voting. A first vote received a weighting of 3, a second vote received a weighting 2 and a third vote received a weighting of 1. Adding the weighted votes together gave an overall score for the preferred site.

Rank	Site Locations	First Preferred	Weighted Score	Second Preferred	Weighted Score	Third Preferred	Weighted Score	Total W/ S	%
8	Site 1 - Existing Skate Park	4	12	1	2	5	5	19	5%
1	Site 2 - William Street South of Boat Ramp	19	57	11	22	10	10	89	26%
4	Site 3 - Esperance Waterfront between James & Andrew Street	2	6	9	18	15	15	39	11%
6	Site 4 - Black Street between Indoor Stadium & Bay of Isles Leisure Centre	1	3	8	16	5	5	24	7%
5	Site 5 - Esplanade location South of Taylor Street	2	6	8	16	4	4	26	7%
2	Site 6 - Corner Jane & Forrest Streets	20	60	8	16	6	6	82	24%
7	Site 7 - Kalinda Park	1	3	9	18	0	0	21	6%
3	Site 8 - Lalor Park	9	27	4	8	13	13	48	14%
		58	174	58	116	58	58	348	100%

As demonstrated in the above table the highest ranked site is Site 2 – William Street South of Boat Ramp, this site was named as preferred in the report prepared by Convic as attached “Esperance Skate Park – Site Selection Report”. Site 6, the corner of Janes Street and Forrest Street, ran a close second in the work shops.

Site 2 William Street, south of the boat ramp

The recommendation provided by Convic is for the new skate facility to be located at Site two on the foreshore, William Street South of the boat ramp as it is the most appropriate and preferred location for the new Esperance Skate Park. This presents an opportunity for the Shire of Esperance to develop a skate space in the heart of the community that lifts the public profile of youth and is close to the town centre and existing amenities. The site offers a unique design opportunity to tie into the existing waterfront development, and create a dynamic and activated central community hub, that can offer recreational and social experiences for all members of the community, from day to day usage to community events.

OPPORTUNITIES:

· The site provides adequate unrestricted space for a regional facility that can cater for community events and various opportunities of community engagement.

· The site has the potential to be integrated into future foreshore development works. This will support the Shire’s identification of the site being a regional public open space.

· The site is in close proximity to other recreational spaces such as the water park, a basketball court, Adventureland facilities and BBQ’s allowing the proposed facility to key into associated amenities strengthening the Esperance Waterfront development. It is within easy walking distance to the town main street and shops.

· The site has high passive and natural surveillance with residential and accommodation dwellings to the east and high pedestrian traffic and usage of facilities to the north and east. The Esplanade traffic is

· regular and consistent along this section of the waterfront.

· There is adequate and easy access including car parking and footpath access from multiple directions.

· The site is within a manageable walking distance to public transport nodes such as the Perth and

· Kalgoorlie bus stops.

· Closely located to Esperance Primary School and the main exchange point of school children on various bus routes from neighbouring suburbs.

CONSTRAINTS:

· The site is in close proximity to Esperance Bay and may be impacted by a high water table level that can create issues for drainage of the skate park.

· There is minimal high level shade with no existing trees or shelter. This may have cost implications with regard to providing shade structures. It will take time to establish significant shade trees as a green

· retreat.

Site 6 Corner of Jane Street and Forrest Street

The community ranked Site 6 – Corner Jane & Forrest street as the second preferred site. Due to the proximity to residential properties, lack of amenities such as toilet blocks, reticulation and lack of shade availability will heavily impact on the construction budget and therefore it is not recommended to be the location for the new facility. This site is also identified as Redevelopment Opportunity Site 4L under the Town Centre Revitalisation Master Plan. The site is identifies as presenting a long term land bank opportunity for private or public redevelopment in whole or in part. This lot is one of several that form a larger redevelopment area that represents the largest contiguous block of ownership in the town centre. Development that prejudices the strategic nature of the site are not supported under the Town Centre Revitalisation Master Plan.

OPPORTUNITIES:

· The site is within close proximity to a shop for refreshments.

· There are existing services and amenities available including car parking off Council Place and opportunity for footpath access.

· There are a number of mature trees on the southern boundary that provide some day one shade to the site.

· The terrain of the site is quite flat allowing passive and active surveillance from street frontages.

· One of the Shire’s local schools is located within walking distance from the site.

CONSTRAINTS:

· The site is currently used as a storage yard by the Shire of Esperance.

· Public transport nodes are not in close proximity to the site.

· There is a lack of amenities such as public toilets.

· The site is located within close proximity to residential dwellings to the west and may raise concern of local residents with respect to noise and light perceived intrusion.

· The location of the carparks and roads may lead to the use of vehicle headlights for use of the skate park after hours.

A full summary of the site assessment of both sites is available in the attached Convic Site Selection Report.

Consultation

Convic undertook community consultation on the 30 April 2015 the initial draft skate park design including the location of the new Esperance Skate Park. Further workshops will be held to present the draft concept design with feedback from users.

Financial Implications

There is a budget of $717,727 to undertake consultation, design, project management and build of the skate park.

Asset Management Implications

	Capital	Annual	Comments
Capital	717,727
Interest (economic cost)		28,709	4% pa
Depreciation (ongoing costs)		35,886	Over 20 years
Maintenance (ongoing cost)		20,000	Including operational costs
Total		84,595	Per year

The intention is that once the new skate facility is complete the current facility will be removed. The maintenance plan for the new facility will be delivered as part of the build.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

Social

1.1 Create a social environment that is accessible and inclusive for all ages and abilities

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

Economic

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

Environmental Considerations

Nil

Attachments

Esperance Skate Park - Site Selection Report

Officer’s Recommendation

That Council build the proposed new Esperance Skate Park on Reserve 27318 (Site 2) William Street South of Boat Ramp as per the site assessment report produced by Convic.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 150

Item: 12.5.2

Financial Assistance Grants to Local Government

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

File Ref: D15/9966

Applicant

Australian Local Government Association (ALGA)

Location/Address

Shire of Esperance

Executive Summary

For Council to consider supporting the campaign by the Australian Local Government Association to restore the indexation of Financial Assistance Grants to local governments.

Recommendation in Brief

That Council:

1. Acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of councils services and infrastructure;

2. Acknowledges that the council will receive $4.8 million in 2014-15; and

3. Will ensure that this federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in council publications, including annual reports.

4. Raise concerns with State and Federal Member of Parliament about the impact of a freeze to the indexation of Financial Assistance Grants to the Shire of Esperance.

Background

At the last Federal budget the Commonwealth Government placed a freeze of indexation on Financial Assistance Grants (FAGs) until 2017-2018. FAGs funding is not currently keeping pace with demand for services and infrastructure and this freeze only worsen the situation resulting in a permanent reduction in the FAGS base by 13%.

Although the FAGs payments are paid from each state’s Local Government Grants Commission the funding originates from the Commonwealth. FAG’s are a vital part of the revenue base of all council’s, and this year council’s will receive $2.3 billion from the Australian Government under this important program.

For the 2014/15 year the Shire of Esperance will receive a total of $4,854,511 from FAGs consisting of $2,082,057 for general purpose grant and $2,772,454 for local roads.

Officer’s Comment

ALGA and the state local government associations are seeking the support of Council for advocacy to have the Federal Government reverse the decision to freeze the indexation of FAGs.

ALGA, in its 2015 Federal Budget submission, has called for FAGs indexation to be restored immediately and for the Federal Government to consider the adequacy of the quantum of FAGs and the indexation methodology in the future. ALGA has asked every council in Australia to pass a resolution acknowledging the importance of the Commonwealth’s Financial Assistance Grants in assisting councils to provide important community infrastructure.

Consultation

ALGA

Financial Implications

Although this report has no financial implications as it is to support advocacy by ALGA but the freeze on indexation on FAGs grants to the Shire of Esperance is significant and could amount to hundreds of thousands of dollars each year in real terms by 2018.

Asset Management Implications

Less FAGs money will mean assets that are already under pressure for replacement may need to be delayed further or alternative funding sourced.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

A Shire that is progressive, sustainable, resilient and adaptive to changes

Corporate Business Plan 2013/2014 – 2016/2017

4.5.1.2 Manage Finance

Environmental Considerations

Nil

Attachments

Financial Assistance Grants to Local Government

Officer’s Recommendation

That Council

1. Acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of councils services and infrastructure;

2. Acknowledges that the council will receive $4.8 million in 2014-15; and

4. Raise concerns with State and Federal Members of Parliament about the impact of a freeze to the indexation of Financial Assistance Grants to the Shire of Esperance and Local Government in general.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 156

Item: 12.5.3

Long Term Financial Plan Review

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

File Ref: D15/10430

Applicant

Shire of Esperance

Location/Address

N/A

Executive Summary

For Council to consider adopting the revised Long Term Financial Plan 2015/16 – 2024/25.

Recommendation in Brief

Can be the full recommendation or summarised - without conditions etc

Background

In February 2009, the Minister for Local Government announced a package of statewide-ranging local government reform strategies that were aimed at achieving greater capacity for local government to better plan, manage and deliver services to their communities with a focus on social, environmental and economic sustainability.

One of the requirements was to develop and review a long term financial plan (LTFP) that is a ten year rolling plan that informs the Corporate Business Plan to activate Strategic Community Plan priorities. From these planning processes, annual budgets that are aligned with strategic objectives can be developed.

The LTFP indicates a local government’s long term financial sustainability, allows for early identification of financial issues and their longer term impacts, shows the linkages between specific plans and strategies, and enhances the transparency and accountability of the Council to the community.

The LTFP is a high level document that should be supported by detailed information based upon assumptions, projected income and expenditure, capital work schedules, key performance indicators and scenario modeling.

Forecasts should underpin the LTFP and aim to quantify the future impacts of current decisions and identify the available options to close the gap between revenues and expenditure. Forecasting informs decision making and priority setting and assists in the management of the local government’s response to community growth or contraction. It will also assist in the management of cash flows and funding requirements, community assets and risk. There should be a high level of accuracy in the forecasts for the first 2 – 3 years, a good level of accuracy for years 4 and 5 and a reasonable level of accuracy for the remaining 5 years of the plan.

Officer’s Comment

The following information explains the major financial assumptions applicable to the Long Term Financial Plan and the major assumptions that have been used to develop the plan.

Employment Expenses

Increases in employment expenses have three main elements. These are

1. increases contained in the enterprise agreement

2. increases and movements of levels within the current workforce and;

3. additional positions that are required to meet the strategic direction of the Council and the growth of the community.

Employee costs are estimated to increase by 5.3% during 2015/16 and then 5% thereafter. Note that this increase is reflective of the Shires contribution to employment expenses and does not take into account any increases or decreases in fully funded positions such as Homecare.

Materials and Contracts

Increases in Materials and contracts are in line with the Local Government Cost Index of 3% plus an additional 0.2% to take into account the estimated growth in the Shire of Esperance.

Utility Charges

Due to recent high utility increases in WA the plan has factored in increases of 8% for the life of the plan.

Loan Borrowings and Repayments

Loan repayments are calculated on loan schedules that are currently in existence and the estimation of any future loan borrowings. The LTFP has proposed loan borrowings of $4m for a new waste facility and $3m for a future stage of Flinders Estate. The existing short term borrowings for Flinders Estate is proposed repaid in line with sales of the Flinders land. An assumption has been made that existing sales of land will be sufficient to fully repay the existing balance of the loan within the next year.

Reserve Transfers

Transfer to Reserves are in line with existing reserve calculations that are contained within the 2014/15 budget and increased by 3% to take into account inflation factors. In areas such as the airport or waste management these transfers could change if their net operating results changed. Continual scrutiny and review of the fees being charged in these areas are essential to ensure sufficient money is being captured in the reserves to pay for large capital expenditure in future years. Interest on Reserve holdings has been calculated at 3% and reinvested into the reserve.

Rate Revenue

Rate yield increases are forecast for 6.5% for 2015/16 and for the following 9 years of the plan. It is estimated that the additional income that is generated that is higher than normal operational requirements will be spent on closing the asset management gap that the Shire currently has. Council has a revenue strategy that has recommendations regarding future rate increases to assist in closing the asset management gap specifically within the transport area.

Operating Grants

An increase of 3% has been allowed for in the LTFP. Advice from the Grants Commission is that after their methodology review the General Purpose portion from the Financial Assistance Grants will initially continue to increase before levelling out in later years, although the pool of funds available from the Commonwealth Government to the WA State Government is proposed to be frozen over the next 2 years, 3% increase has been allowed for in later years due to the unknown nature of this income type.

Fees and Charges

Fees and Charges that Council has discretion over has been increased by 5% per annum for term of the LTFP.

Capital Grants

Roads grants from the Regional Roads Group have been estimated at the existing levels, averaged from the past two years. Regional Road Group is a competitive process and application has to be made each year for specific projects, the allocations can therefore fluctuate significantly. Roads to Recovery grants have been maintained for the life of this plan.

A large number of the capital projects are reliant upon grants from external sources. Projects in relation to the Waste Facility, Town Centre Revitalisation and Tanker Jetty Replacement are heavily reliant upon receiving grant funding from the proposed Goldfields Revitalisation Fund. If the funding from these sources does not eventuate the projects may need to be reviewed or alternate funding sourced.

Capital Expenditure

Capital Expenditure is in line with existing Asset Management Plans and has been increased by 3% in line with expected inflation figures- the asset management plans that were used in the development of the Plan has been Fleet, Footpaths, Waste and Airport.

Road expenditure is in line with existing annual allocations and increased by 3% in line with expected inflation. Additional expenditure is expected to be increased over the life of the plan to help address the asset management gap in the transport area and more specifically rural road re-sheeting. For the 2015-16 year this additional money that is proposed to be spent on rural road re-sheeting amounts to $190,000.

The 10 year capital works program has been developed in two formats showing both a source of funding format and also whether the asset is renewal, upgrade or new. As identified in the capital grants section a number of key infrastructure projects are heavily reliant upon external grant funds. If external funding from these projects does not eventuate to the amounts as indicated in the plan then the scope of each capital project will need to be revisited or the project postponed until further funding is sourced.

Consultation

The Corporate Business Plan and Strategic Community Plan have been referenced and consulted in developing the plan.

A number of workshops were held with Council to go through a number of scenarios and assumptions.

Financial Implications

Although the adoption of the Long Term Financial Plan does not have any financial implications, the annual budget will be drafted in line with the Long Term Financial Plan.

The LTFP also documents the implications of sustainability for the Shire over a 10 year period and the implications from a financial perspective of the assumptions that underpin the plan.

Asset Management Implications

The Long Term Financial Plan sets out the strategies to close the life cycle gap and still ensure service delivery is maintained at an acceptable level to the community.

Statutory Implications

Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 Section 19 outlines what is required of Planning for Future documents.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

A Shire that is progressive, sustainable, resilient and adaptive to changes

Corporate Business Plan 2013/2014 – 2016/2017

4.5.1.3 Annual Review of Long Term Financial Plan

Environmental Considerations

Nil

Attachments

Long Term Financial Plan 2015/16 - 2024/25 - Under Separate Cover

Officer’s Recommendation

That Council

1. Adopt the Long Term Financial Plan 2015/16 – 2024/25.

2. Request the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 May 2015 Page 216

12.6 Executive Services

Item: 12.6.1

Review of Shire of Esperance Local Laws

Author/s	Karen Naylor	Project Reporting Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D14/22775

Applicant

Internal

Location/Address

The Shire of Esperance

Executive Summary

The Shire of Esperance Local Laws have been reviewed as per s3.16 of the Local Government Act 1995. The purpose of the review was to determine the currency of the existing local laws and amend, repeal or leave unchanged as required.

Recommendation in Brief

That Council, as a result of the full review of Local Laws:

1. Accepts that the following Local Laws remain unchanged;

· Bushfire Brigades Local Law 2002

· Health Local Law 2002;

2. Repeals the following Local Laws;

· Fencing Local Law 2002;

· Pest Plants Local Law 1979;

· Signs Local Law 2004; and the

· Standing Orders 2001

3. Endorse the Shire of Esperance Amendment Local Law, as detailed in Appendix A, with reference to the following Local Laws;

· Cemeteries Local Law 2002

· Dogs Local Law 2002; and the

· Extractive Industries Local Law 2001

4. Endorse the new Shire of Esperance Fencing Local Law 2015 as detailed in Appendix B.

5. Endorse the new Shire of Esperance Standing Orders Local Law 2015 as detailed in Appendix C.

6. Endorse the new Shire of Esperance Cats Local Law 2015 as detailed in Appendix D.

7. Requests the CEO undertake all the required statutory advertising relating to points 1-6 above.

Background

The Shire of Esperance currently has 13 principal local laws. Local Laws are enforceable rules made by local governments to apply within their district. They help to establish and maintain the quality of life in line with the expectations of the local community and provide a standard under which businesses, residents and ratepayers must conduct their activities.

Local Laws support higher legislation (Acts of Parliament) to control and manage the more basic matters that affect the community. They can be helpful in the resolution of disputes, as well as achieving effective government.

Section 3.16(1) of the Local Government Act 1995 requires that all local laws of local government must be reviewed within an eight year period after their commencement or from their last review date. The last review of the Shire of Esperance Local Laws was undertaken in 2009. However, the Signs Local Law has not been amended since 2003 and the Pest Plants Local Law since 1979. Amendments made after this review include the Cemeteries Local Law in November 2010, and the Health and Fencing Local Laws were amended in June 2011.

The process for the review of Local Laws is as follows:

Presiding person to give notice to the council meeting of the purpose and effect of the proposed local law		Local and State-wide public notices are defined at s1.7 and 1.8 of the Act. For the notice of proposed local law: · Include all requirements set out at s3.1.(3)(a)(i)-(iii); · Take care calculating the minimum 42 day period (add extra days for both publishing day and closing day and when closing day fall s on a public holiday, Saturday or Sunday
Ú
Local Law inviting submissions from the public	Ø
Ú
Send copies of the proposed local law, NCP review form/statement and public notice to the Minister(s)	Ø	Provide a copy of State-wide notice, a statement on NCP review, and the draft proposed local exactly as it is intended to be published to the Minister(s).
Ú
Consideration of submissions	Ø	Where alterations will make a local laws significantly different to what was initially proposed, the procedure for making the local law must be recommenced.
Ú
Council makes local law resolution	Ø	An absolute majority of Council is required to make the local law.
Ú
Publish in Government Gazette
Ú
Send copy of gazetted law to Minister(s)		· For the notice of adoption, include all requirements set out at s3.12(6)(a)-(c). · A local law comes into operation 14 days after publication in the Gazette, or such later day as specified · Health local laws (under the Health Act 1922) come into operation on the day the are published in the Gazette
Ú
Give local public notice of adoption of local law	Ø
Ú
Send documents (EM, checklist and e-copy) to Joint Standing Committee on Delegated Legislation (JSCDL), Parliament House	Ø	· For additional information, visit www.dlg.wa.gov.au · If you have queries, contact the DLG Local Laws Helpline Tel: (08) 6552 1294 or the Joint Standing Committee Tel: (08) 9222 7300

Council, at its meeting held on 26^th August 2014, resolved as follows:

“That Council request the Chief Executive Officer give local and state-wide public notice of the Shire’s intent to review its suite of Local Laws.”

The following Local Laws were advertised for review for the statutory 42-day period.

Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2001

Bushfire Brigades Local Law 2002;

Cemeteries Local Law 2002;

Dogs Local Law 2002;

Extractive Industries Local Law 2001;

Fencing Local Law 2002;

Health Local Law 2002;

Parking Facilities Local Law 2002;

Pest Plants 1979;

Private Property Local Law 2003;

Local Government Property Local Law 2001;

Signs Local Law 2004; and the

Standing Orders Local Law 2001.

The closing date for public submissions was Friday, 28^th November 2014, with nil submissions received during the consultation period. Officers are in the process of an internal review of the Shires Local Laws, and the results of which are summarised in Officer’s Comment below.

Officer’s Comment

Officers are still in the process of reviewing Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2001; Parking Facilities Local Law 2002; Private Property Local Law 2003; and the Local Government Property Local Law 2001; therefore these Local Laws are not included in the summary below or the recommendations and will be brought before Council during this calendar year.

A summary of the review is detailed below;

Bushfire Brigades Local Law 2002

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Executive Manager Statutory Division in consultation with the Manager Law & Order have reviewed the Bushfire Brigades Local Law 2002, and consider that no amendments are necessary at this time due to the pending review of the Bush Fire Act 1954, Fire Brigade Act 1942 and the Fire and Emergency Services Act 1998.

Recommendation: That the Bushfire Brigades Local Law 2002 remain unchanged following this review.

Purpose and effect of proposed amendment: N/A

Cemeteries Local Law 2002

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Manager Executive Services and the Executive Manager Statutory Division in consultation with the Executive Management Team reviewed the Cemeteries Local Law 2001.

The main changes proposed are in relation to including a definition of “Act”, in reference to the Cemeteries Act 1986; to remove the need for a copy of the death certificate as this is a requirement of the Funeral Home; to accommodate special requests in relation to vehicle entry; reduce vehicle speed when on cemetery grounds; insert a new clause to support the removal of disruptive patrons; insert a new clause to manage the placing of glass domes and vases; reference ‘Assistance Animals’ in line with governing body legislation; and amend the opening and closing times of the Esperance Cemetery.

The proposed amendments are detailed in Appendix A.

Recommendation: That an amendment to the Cemeteries Local Law 2002 be proposed as detailed in Appendix A.

Purpose and effect of proposed amendment: The purpose of the proposed amendments is to establish the requirements for managing people, vehicle access and placing glass domes/vases within the Cemetery boundaries, and the means of enforcing those requirements. The proposed changes will also ensure that the local law is current and cognisant of superseded State Legislation and corrects grammar and formatting issues.

Dogs Local Law 2002

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Manager Executive Services, Executive Manager Statutory Division and the Manager Law & Order in consultation with the Executive Management Team reviewed the Dogs Local Law 2002.

The main changes proposed are in relation to including a definition of “pound” and “dog management facility’, to distinguish between dog management facility and pound; “authorised person”, to ensure consistency with governing body legislation; reference local planning scheme throughout the document; remove Part 5 – Dogs in Public Places as the Dog Amendments Regulations 2014 removed the Shire’s ability to make Local Laws on dog exercise areas; and adjust the Modified Penalties.

The proposed amendments are detailed in Appendix A.

Recommendation: That an amendment to the Dogs Local Law 2002 be proposed as detailed in Appendix A.

Purpose and effect of proposed amendment: The purpose of the proposed amendments is to establish the requirements of a pound and dog management facility, and the means of enforcing those requirements. The proposed changes will also ensure that the local law is current and cognisant of superseded State Legislation, meets the requirements within the Local Planning Scheme and has correct grammar and formatting displayed.

Extractive Industries Local Law 2001

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Manager Executive Services and the Executive Manager Statutory Division in consultation with the Executive Management Team reviewed the Extractive Industries Local Law 2001.

The main changes proposed are in relation to broadening the ability of the Local Government to cancel a license; adjust the Modified Penalties to deter potential breaches. The proposed changes will also ensure that the local law is current and cognisant of superseded State Legislation, and has correct grammar and formatting displayed.

Recommendation: That an amendment to the Extractive Industries Local Law 2001 be proposed as detailed in Appendix A.

Purpose and effect of proposed amendment: The purpose of the proposed amendments are to outline why a license could be cancelled. The proposed changes will also ensure that the local law is current and cognisant of superseded State Legislation and to correct grammar and formatting issues.

Fencing Local Law 2002

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Executive Services Manager and the Executive Manager Statutory Division in consultation with the Executive Management Team reviewed the Fencing Local Law 2002.

As a result of the review, it was determined the number off amendments required would be high, therefore it would be clearer to repeal the existing Local law and propose a draft replacement, rather than adopt an Amendment Local Law.

Recommendation: That the Fencing Local Law 2002 be repealed, and a new Fencing Local Law 2015 (as detailed in Appendix B) be proposed and advertised in accordance with Section 3.12 of the Local Government Act 1995.

Purpose and effect of proposed amendment: The main changes proposed are in relation to adjusting the Modified Penalties. The proposed changes will also ensure that the local law is current and cognisant of superseded State Legislation, meets the requirements within the Local Planning Scheme and has correct grammar and formatting displayed.

Health Local Law 2002

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Executive Services Manager and the Executive Manager Statutory Division in consultation with a Working Group comprising of the Planning Coordinator, Building Coordinator, Environmental Health Coordinator and Corporate Support Manager have reviewed the Health Local Law 2002, and consider that no amendments are necessary at this time due to the pending review of the Health Act 1911 and Waste Avoidance and Resource Recovery Act 2007.

Recommendation: That the Health Local Law 2002 remain unchanged following this review.

Purpose and effect of proposed amendment: N/A

Pest Plants 1979

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Executive Services Manager and the Executive Manager Statutory Division in consultation with the Executive Management Team and a Working Group comprising of the Planning Coordinator, Building Coordinator, Environmental Health Coordinator and Corporate Support Manager have reviewed the Pest Plants Local Law 1979, and recommend this Local Law be repealed.

This Local Law gazetted 18^th July 1980 made under the former Local Government Act 1960-1979 prescribes certain plants as ‘pest plants’. It was made under the former Agriculture and Related Resources Protection Act 1976. That legislation was repealed and replaced by the Bio Security and Agriculture Management Act 2007. The Local Law however has not been repealed, as part of the review process this Local Law should be repealed as its head of power no longer exists.

Recommendation: That the Pest Plants Local Law 1979 be repealed.

Purpose and effect of proposed amendment: N/A

Signs Local Law 2004

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Executive Services Manager and the Executive Manager Statutory Division in consultation with the Executive Management Team have reviewed the Signs Local Law 2004, and recommend this Local Law be repealed. The Department of Local Government has advised the Shire of Esperance that the Joint Standing Committee on Delegated Legislation has found no clear provisions in Acts of Parliament that confer power to local governments to make local laws that provide for offences for non-compliance over signs and structures on private land. Control on private land is derived from the Planning and Development Act 2005 and Local Planning Scheme No. 23

As a result of the review and with the creation of a Signs Policy this would cover all the current aspects within the Sign Local Law therefore it is recommended we repeal the existing Signs Local law.

Recommendation: That the Signs Local Law 2004 be repealed.

Purpose and effect of proposed amendment: N/A

Standing Orders Local Law 2001

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: The Executive Services Manager and the Executive Manager Statutory Division in consultation with the Executive Management Team and a Working Group comprising of the Executive Assistant and the Trainee Administrator have reviewed the Standing Orders Local Law 2001.

Recommendation: That the Local Laws relating to Standing Orders Local Law 2001 be repealed, and a new Standing Orders Local Law 2015 (as detailed in Appendix C) be proposed and advertised in accordance with Section 3.12 of the Local Government Act 1995

Purpose and effect of proposed amendment: The main changes proposed are in relation to recognising Ordinary and Special Council meetings as part of Calling Meetings, allow for Councillor discretion in relation to the number of Public Addresses and Deputations on a specific issue, include a provision for electronic petitions, amend the time applicable for a notice of motion and questions by members to provide officers with sufficient time to collate information on the motion/question, recognise a councillor may have a disability or impairment and not to disadvantage them, establish what constitutes a disturbance and the means of dealing with the disturbance, provision to call a meeting to hear public submissions as not to extend the period of an OCM, and the provision to manage briefings and other informal meetings. The proposed changes will also ensure that the local law is current and cognisant of superseded State Legislation and has correct grammar and formatting displayed.

Cats Local Law 2015

Submissions received: Nil

Summary of submissions received: N/A

Results of Officer Review: With the introduction of the Cat Act 2011 and the more recent implementation of the Cat Registration requirements, it has become necessary to have a local law which supports this legislation and provides guidance to both cat owners and Shire of Esperance rangers.

Recommendation: A new Cat Local Law 2014 (as detailed in Appendix D) be proposed and advertised in accordance with Section 3.12 of the Local Government Act 1995.

The local law was developed under –

Part 5 Division 2 of the Cat Act 2011 with

Part 3 Division 2 Sub-division 2 of the Local Government Act 1995

This local law was based on the City of Bayswater, Keeping and Control of Cats Local Law 2014 as published in the Government Gazette on the 17 October 2014, No 166 pg 4004-4008.

Purpose and effect of proposed amendment: The purpose of the proposed local law is to make provisions concerning cat permits, applicable penalties, control the number of cats that can be kept on premises and the manner of keeping those cats.

Consultation

WALGA

With Council during briefing sessions.

Community submissions will be sought during the review process.

Financial Implications

The financial implications arising from this report will be restricted to advertising costs and resource time during the review process.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

· Local Government Act 1995 (s3.12 and s3.16)

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

Strategy 4.2 Maintain a clear, transparent and ethical decision making process

Strategy 4.3 Ensure open and consistent communication between the Shire and the community

Corporate Business Plan 2014/2015 – 2016/2018

Action 4.2.1.3 Review Standing Orders Local Law

Action 4.3.1.3 Manage Corporate Reporting

Environmental Considerations

Nil

Attachments

a.	Appendix A - Shire Of Esperance Amendment Local Law 2015 - May 2015 - Under separate cover
b.	Appendix B - Shire of Esperance Fencing Local Law - May 2015 - Under separate cover
c.	Appendix C - Shire of Esperance Standing Orders Local - May 2015 - Under separate cover
d.	Appendix D - Shire of Esperance Cats Local Law 2015 (Draft) - Under separate cover
Officer’s Recommendation That Council, as a result of the full review of Local Laws: 1. Accepts that the following Local Laws remain unchanged; · Bushfire Brigades Local Law 2002 · Health Local Law 2002; 2. Repeals the following Local Laws; · Fencing Local Law 2002; · Pest Plants Local Law 1979; · Signs Local Law 2004; and the · Standing Orders 2001 3. Endorse the Shire of Esperance Amendment Local Law, as detailed in Appendix A, with reference to the following Local Laws; · Cemeteries Local Law 2002 · Dogs Local Law 2002; and the · Extractive Industries Local Law 2001 4. Endorse the new Shire of Esperance Fencing Local Law 2015 as detailed in Appendix B. 5. Endorse the new Shire of Esperance Standing Orders Local Law 2015 as detailed in Appendix C. 6. Endorse the new Shire of Esperance Cats Local Law 2015 as detailed in Appendix D. 7. Requests the CEO undertake all the required statutory advertising relating to points 1-6 above. Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 May 2015 Page 225

Item: 12.6.2

WALGA Annual General Meeting and WA Local Government Convention 2015

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

File Ref: D15/8858

Applicant

Executive Services

Location/Address

Internal

Executive Summary

For Council to nominate two (2) Council voting delegates for the 2015 WALGA Annual General Meeting, to be held in Perth on the 5 August 2015, as part of the Annual Local Government Convention.

Recommendation in Brief

That Council nominate Councillors __________________________ as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on 5 August 2015. Councillor/s_____________________________________________ and the CEO to attend the 2015 Western Australian Local Government Convention held in Perth on 6 and 7 August 2015.

Background

The 2014 WA Local Government Convention & Trade Exhibition (Local Government Week) will be held Wednesday, 5 August – Friday 7 August 2015 at the Perth Convention & Exhibition Centre (PCEC).

As per previous Local Government Weeks, WALGA will hold its Annual General Meeting, to discuss and consider local government industry issues. Each member Council of WALGA has the ability to elect two (2) voting delegates to participate at the WALGA Annual General Meeting (non-voting delegates are also able and encouraged to attend).

Officer’s Comment

Attendance at the annual WA Local Government Convention is open to all Councillors. Registration fees, travel and accommodation expenses will be paid by Council in advance for any Elected Member(s) choosing to attend the WA Local Government Convention. This year’s convention theme is “Local Government – Switched On”. Convention information & registration pamphlets have already been distributed to all Councillors.

As a member of WALGA, it is important that Council also attend WALGA’s Annual General Meeting, requiring the election of voting delegates by Council.

Consultation

Nil

Financial Implications

The costs associated for this conference can be accommodated within 2014/15 budget: Members of

Council Travel, Accommodation and Conference expenses. Anticipated costs are approximately $3,625 per delegate comprising registration of $1,475; airfares in the vicinity of $650 and accommodation of approximately $1,500 per delegate plus meals and other miscellaneous expenses.

Asset Management Implications

Nil

Statutory Implications

N/A

Policy Implications

Council Policy EXEC-007: Elected Member Entitlements

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

Environmental Considerations

Nil

Attachments

a.	Local Government Convention & Trade Exhibition Brochure & Registration Information
b.	2015 WALGA AGM - Voting Delegates Registration

Officer’s Recommendation

1. That Council nominate Councillors _____________ and ________________ as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on the 5 August 2015.

2. That Councillor/s_________________________________________________ and the CEO to attend the 2015 Western Australian Local Government Convention held in Perth on the 7 and 8 August 2015.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2015 Page 240

Item: 12.6.3

Delegations Register - Annual Review

Author/s	Karen Naylor	Project Reporting Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D15/7155

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to review its delegations to the Chief Executive Officer in accordance with the requirements of Section 5.46(2) of the Local Government Act 1995.

Recommendation in Brief

That Council endorse the Delegated Authority Register 2015/2016.

Background

Section 5.42 of the Local Government Act 1995 (the Act) provides authority to a local government to delegate to the CEO any of its powers or the discharge of any of its duties under the Act other than those referred to in section 5.43.

Section 5.46(1) of the Act requires the CEO to keep a register of delegations made to the CEO and to employees. Section 5.46(2) requires that at least once every financial year, delegations are to be reviewed by the delegator. Council last reviewed its delegations at the Ordinary Council Meeting 24 June 2014 (Resolution No. O0614-022), and therefore a formal review by Council is now required.

A full copy of the proposed Delegation Register has been appended under separate cover for the information of Elected Members (Appendix A).

Officer’s Comment

Whilst section 5.46(2) of the Act requires delegations to be formally reviewed annually, this does not preclude local governments from amending or enabling new delegations on an ad-hoc basis as required throughout the year.

The purpose of this annual review is for Council to consider its delegations to the Chief Executive Officer, or delegations direct to other officers, and determine their ongoing suitability. During the review process officers liaised with WALGA Governance Advisors and benchmarked against other Local Government Delegation Registers.

It was determined through this review that changes were required to correctly reflect the Statutory Powers being delegated from Council to the Chief Executive Officer and that the Delegations Register needed some format changes. The amendments made to the Delegated Authority Register 2015/2016 include:

· Updating all legislation and compliance links

· Improved wording to assist with the understanding of the delegation currently in place

· The removal of sub-delegations from CEO to staff (these will now appear in a separate register for the purpose of determining Instruments of Delegation)

· Reflects the changes to Job Titles and Directorates/Departments through the recent Organisational Restructure

· Separation of some existing delegations to ensure Statutory Power being Delegated was specific under each Function Delegated

The result of these changes has meant that some Functions Delegated have been removed from the 2014/2015 Register as legislation has either changed or not supported the delegation function or were identified as sub-delegations from the CEO to appropriately qualified staff.

Consultation

Executive Management Team

Manager Corporate Support

Manager Development Compliance

WALGA Governance Advisor

Benchmarked against other Local Governments

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Building Act 2011

Health Act 1911

Planning and Development Act 2005

Bush Fires Act 1954

Food Act 2008

Animal Welfare Act 2002

Dog Act 1976

Litter Act 1976

Spear-Guns Control Act 1955

Cat Act 2011

Local Government (Miscellaneous Provisions) Act 1960

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

4.2 Maintain a clear, transparent and ethical decision making process

Corporate Business Plan 2014/2015 – 2017/2018

4.5.1.16 Review and update Delegations Register

Environmental Considerations

N/A

Attachments

Delegated Authority Register 2015/2016 Draft - Under separate cover

Officer’s Recommendation

That Council endorse the Shire of Esperance Delegated Authority Register 2015/2016 as attached.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 May 2015 Page 243

Item: 12.6.4

Review of Strategic Community Plan 2012 - 2022

Author/s	Priscilla Davies	Manager Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D15/9686

Applicant

Shire of Esperance

Location/Address

Whole of Shire

Executive Summary

That Council receive the reviewed Strategic Community Plan 2012 - 2022. This document has been desktop reviewed and updated as per the Integrated Planning and Reporting Framework.

Recommendation in Brief

That Council

1. Adopt the Strategic Community Plan 2012 – 2022

2. Requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

Background

In February 2009, the Minister for Local Government, Hon John Castrilli MLA, announced a package of statewide-ranging local government reform strategies. The statewide strategies were aimed at achieving greater capacity for local governments to better plan, manage and deliver services to their communities with a focus on social, environmental and economic sustainability.

The Integrated Planning and Reporting Framework, a recommendation from the reform strategies, was legislated in late 2011 to allow local governments to plan for the future and to equip their organisations to respond to short, medium and long term community requirements. To meet compliance with the framework the Shire of Esperance was required to develop a suite of plans. These plans detail our resourcing capabilities for operational services and major projects, maintenance of community assets and predicted long term financial expectations. The Plans are to be reviewed annually to ensure they remain up to date, have full integration and provide a framework clearly outlining our current and future activities and resourcing requirements.

All managers reviewed their Business Unit plans with staff and Directors. These plans, along with briefing sessions held with the Executive Management Team and Council, have informed the review of the plan. The Strategic Community Plan has had a number of changes to strategies that align more closely to the actions and also the objectives of the theme.

Officer’s Comment

The plan is compliant with the Integrated and Planning and Reporting Framework and this review satisfies the need to undertake a desktop review of the existing plan to ensure accuracy of data is maintained and updated. Council and Executive staff have been involved in the desktop review to ensure the changes are reflective of where the Shire is currently and where it needs to be. A full review, incorporating significant community engagement is required to commence at the beginning of 2016.

The changes made to plan are listed in detail in the table below:

Old Page	New Page	Submitter	Issue
ii	ii	P Davies	Update: From the Shire President
iii	iii	P Davies	Update: From the CEO – remove Shanes add Matthews. This should include a paragraph about the restructure, the reasons behind the restructure and the impact on the organisation – linking all of this to the Strategic community plan.
V	V	P Davies	Update Contents to page – ensure both Addendums are added to the contents page and included within the document – Addendum 1 Community Indicators and Addendum 2 Resource Profile.
6	6		Meet your Councillors – correct spelling Malcolm Heasman. Remove retired councillors and replace with new councillors. Check all Term expires dates.
7	7	P Davies	Renew the Executive Team Page to reflect the new structure and staff in place – align this with the services listed on the Executive Team page on the Shire website.
8	8		Under heading ‘Corporate Business Plan’ change 2016 to 2017
9	9		No change required
11	11		No change required
13	13	P Davies	Update Information Box to reflect information sourced from ABS data and additional information included on all percentages of age distribution: Population: 14099 Median Age: 38 Families: 3,490 Children Aged 0-14 years: 22.2% Percentage of people aged 15-24: 12.5% Percentage of people aged 25-44: 25.5% Percentage of people aged 45-64: 25.8% Percentage of people aged 65 and over: 14.0% Number of Households: 4,731 (2011 census) *Data from ABS 2012 Statistics All other data to stay the same. Please note the number of households is not from the ABS 2012 statistics and cannot have the *
14	14	P Davies	Remove ‘2012 snapshot’ from the heading Change wording from ‘almost 14,000’ to ‘just over 14,000’ to reflect accurate data Change ‘400km of coastline...’ to ‘500km of coastline...’ to reflect accurate data
15	15		No change required
New page inserted	16		Page added from Addendum 2 Fourth paragraph change ‘The Shire of Esperance is currently developing...’ to ‘The Shire of Esperance has developed...’
	17		Page added from Addendum 2 Second paragraph changed wording from ‘...based low...’ to ‘...based on low...’ correct grammar error Changed wording from ‘the impact of higher growth rates on...’ to ‘Outlining the predicted impact of higher growth rates on ....’ Last paragraph – added wording ‘A current priority for Council is to identify and review existing service levels against current and future community needs and aspirations.’ This priority is identified in the Corporate Business Plan and has highlights Council’s commitment to ensuring the shire can meet current and future resource requirements.
18	20		No Change required
19	21		No change required
21	23		No change – determined by Community
22	24	EMT	Please note: suggested changes made to strategies and outcomes were generally based on making them more succinct and reflective of what is required to deliver on the community goals and aspirations. Strategy 1.2 change from: 1.2 Create a vibrant built environment that is accessible and inclusive and reflects the Shire’s identity and local heritage to 1.2 Create a vibrant, modern and safe built environment that is accessible and inclusive and reflects the community's identity Strategy 1.3: remove the word Shire and replace with community. Strategy 1.5 remove Create and replace with Develop Outcome for 1.5 change from: ‘A feeling of safety within our neighbourhoods and a sense of being looked out for.’ to ‘A feeling of safety and confidence within our neighbourhoods and a sense of being looked out for.’ Strategy 1.6 Add ‘and abilities’ at the end of the strategy. Strategy 1.7 Change from: ‘Facilitate and promote arts and cultural activities for all ages’ To ‘Facilitate and promote arts, heritage and cultural activities for all ages and abilities’ Strategy 1.8 remove the word Shire and replace with community.
23	25	EMT	Strategy 2.1 remove the words ‘the Shire’s’ and replace with ‘our’ Strategy 2.2 remove the words ‘and build environmental awareness’ Strategy 2.4 change to: ‘Effectively use our land, development and building policies to optimise environmental outcomes and minimise environmental risks.’ To ‘Effectively use our land, development and building policies to protect the environment’ Strategy 2.5 remove the words ‘and investigate opportunities to reduce their impacts on our environment’ Strategy 2.6 remove this strategy from the document, the risks are covered within other strategies Strategy 2.7 now becomes Strategy 2.6 and needs to remove the words ‘and the impacts of increased water and energy vulnerability’
24	26	EMT	Strategy 3.1 and 3.2 are to be combined in to one strategy. Therefore delete 3.1 and 3.2 with the new Strategy 3.1 to read: ‘Ensure services and infrastructure are aligned to community needs now and in the future.’ Strategy 3.3 to become 3.2 and wording to change from: ‘Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users’ To ‘Deliver a diverse, efficient and safe transport system’ Strategy 3.5 becomes Strategy 3.4 Strategy 3.6 becomes Strategy 3.5 and wording to change from: ‘Advocate and plan for population growth and diverse residential and economic development in a sustainable manner’ To ‘Advocate and plan for economic development in a sustainable manner’ Strategy 3.7 becomes Strategy 3.6 and wording to change from: ‘Build skills, capacity and partnerships across the whole community to work towards a self sustaining Shire’ To ‘Build skills, capacity and partnerships to work towards a self sustaining community’ Strategy 3.8 becomes Strategy 3.7 and wording to change from: ‘Facilitate and guide high quality and efficient building and development across the Shire’ To Facilitate and guide high quality, compliant and efficient building and development across the Shire’ Outcome for Strategy 3.8 becomes Outcome for Strategy 3.7: add the word ‘compliant’ after ‘high quality...’ Please note all Outcome numbers will be altered to reflect against the new strategy numbers.
25	27	EMT	Strategy 4.1 change from: ‘Ensure Councillors are representative of the community and provide strong and visionary leadership’ To ‘Assist Councillors to provide strong and visionary leadership’ Strategy 4.4 remove the words ‘and improve conversations within the community’ Outcome for Strategy 4.4: Delete outcome ‘A knowledge of how and when the community can engage’ – this is covered within the remaining outcome. Strategy 4.5 change from: ‘Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire’ To ‘Effectively manage Shire operations and resources to create a resilient and financially stable organisation’ Outcomes for Strategy 4.6 to be deleted and replaced with: ‘Employees who continually strive to improve performance and service delivery across the organisation’
27	29	P Davies	New page completed –information needed to be updated to reflect how we are monitoring progress and to acknowledge Addendum one which will now become appendix 1. The original page refers to developing indicators, the changes reflect that the indicators have be developed and how these will be reported on. Addendum ones was completed and endorsed by Council after the SCP was finalised.
28	30		Changed wording first paragraph: “... committed to implementing this Strategic” to “...committed to the implementation of this Strategic” Changed wording second paragraph: “...Plans are being developed alongside the” to “...Plans are reviewed alongside the”
29	31	P Davies	Add the following wording to point 3 under the How will the community be informed of progress? ‘in the Shire of Esperance Annual Report’
New page added	32	P Davies	Appendix 1: Community Indicators (previously Addendum One, now to be included with the SCP)
			Themes, vision and goals cannot be altered as they are determined through community engagement and will be revisited during a full review of the SCP
*Recommended changes taken to Council on 21 April in a briefing session. All feedback incorporated into the changes and will be implemented in to the reviewed SCP*

Consultation

Council

Executive Management Staff

Shire of Esperance Staff

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 (s19) outlines what is required of a Strategic Community plan and the requirement to develop asset management, workforce and long term financial plans:

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

All plans are intended to activate the Strategic Community Plan and therefore are intrinsically linked to all the Strategies identified.

Environmental Considerations

Nil

Attachments

Strategic Community Plan 2012 - 2022 - Under Separate Cover

Officer’s Recommendation

That Council

1. Adopt the Strategic Community Plan 2012 – 2022

2. Requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

Simple Majority Absolute Majority

Ordinary Council: Agenda

26 May 2015 Page 250

Agenda Cover Page Cover Page.jpg

Shire of Esperance

COUNCILLOR’S INFORMATION BULLETIN

ORDINARY COUNCIL MEETING

28 May 2015

· DISCLAIMER

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

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

· ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

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

SHIRE OF ESPERANCE

Index

SHIRE OF ESPERANCE

1 Asset Management 4

1.1 Grading Report 5

2 Statutory Division 6

Shire of Esperance

Building Applications Approved from 1 April 2015 to 30 April 2015

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

Alterations

Occupancy Permit ‑ Classes 2‑9

17/04/2015

14462

Grass Patch Community Development Association

Address Unknown

Coolgardie‑Esperance Highway

GRASS PATCH

Lot: 14 Pln: 146464

Concrete or stone

Steel

Timber

New Building

Occupancy Permit ‑ Classes 2‑9

17/04/2015

14667

A Draffin

C/‑ WheatBelt Steel

98 Byfield Street

NORTHAM WA 6410

10 Berrigan Street

CHADWICK

Lot: 736 Pln: 37326

S299

Steel

Concrete

Alterations

Dwelling ‑ Single

30/04/2015

15000

P J Paxton

Lot 15 Eleven Mile Beach Road

PINK LAKE WA 6450

4 Hughes Road

WEST BEACH

Lot: 667 Pln: 2788

Steel

71.0

13,000.00

New Building

Garage/Shed

17/04/2015

15012

J M Viviers

30 Gunton Circle

CASTLETOWN WA 6450

6 Sommet Street

CASTLETOWN

Lot: 1003 Pln: 52175

Steel

Concrete

36.0

8,000.00

New Building

Patio

Steel

32.0

8,000.00

New Building

Dwelling ‑ Single

30/04/2015

15233

S I McIntyre

Cherry Well Road

PINK LAKE WA 6450

111 Garden Road

PINK LAKE

Lot: 1488 Pln: 226440

Concrete or stone

Steel

Concrete

19,500.00

Relocation

Dwelling ‑ Single

17/04/2015

15579

K J Hallam

Lot 204 Springdale Road

HOPETOUN WA 6348

397 Munglinup Beach Road

EAST MUNGLINUP

Lot: 7 Pln: 44764

Steel

Concrete

79.0

8,500.00

New Building

Storage Building

15/04/2015

15616

Glen Echo Pty Ltd ‑ Timmins & Timmins

4 Hill Street

CHADWICK WA 6450

7 Berrigan Street

CHADWICK

Lot: 754 Pln: 39958

Steel

Concrete

306.0

150,000.00

New Building

Occupancy Permit ‑ Classes 2‑9

16/04/2015

15804

3A Rogers Street CHADWICK

Lot: 1 Pln: 67219

Steel

Concrete

500.0

New Building

Dwelling ‑ Single

13/04/2015

15819

WA Country Builders

96‑102 Stirling Terrace

ALBANY WA 6330

Mississippi Bend

PINK LAKE

Lot: 507 Pln: 48802

11422

Brick, veneer

Steel

Concrete

347.0

531,493.00

New Building

Deck

13/04/2015

15870

Brad Jones Construction

24 Corry Street

ESPERANCE WA 6450

20 Hockey Place

WEST BEACH

Lot: 352 D: 87399

13341

Concrete

78.0

19,000.00

Alterations

Retail Building

24/04/2015

15888

C H Collins

6 Fullerton Street

ESPERANCE WA 6450

85 The Esplanade

ESPERANCE

Lot: 1 Pln: 1377

Brick, veneer

Steel

Concrete

12,000.00

Alterations

Dwelling ‑ Single

21/04/2015

15924

D J Callow

54 Mitchell Street

CASTLETOWN WA 6450

54 Mitchell Street

CASTLETOWN

Lot: 683 D: 39414

OB 1001/14

Steel

Concrete

71.0

35,000.00

New Building

Patio

30/04/2015

15941

I Casey

Lot 92 Quarry Road

MYRUP WA 6450

Quarry Road

MYRUP

Lot: 92 D: 93867

Steel

Concrete

20.0

8,000.00

Alterations

Patio

23/04/2015

15944

M B Kennaugh

Lot 41 Orana Drive

MYRUP WA 6450

23 The Esplanade

ESPERANCE

Lot: 85 Pln: 222408

S460

Steel

Concrete

76.0

27,000.00

New Building

Dwelling ‑ Single

24/04/2015

15947

Greg Horan Construction Pty Ltd

Lot 9 Connolly Street

PINK LAKE WA 6450

34 Dunkley Circuit

PINK LAKE

Lot: 73 Pln: 22348

14356

Brick, double

Steel

Concrete

188.0

90,000.00

New Building

Garage/Shed

24/04/2015

15952

ESM Manufacturing Group

75 Norseman Road

CASTLETOWN WA 6450

20 Hockey Place

WEST BEACH

Lot: 352 D: 87399

Steel

Concrete

112.0

19,500.00

Page 1 of 4

Shire of Esperance

Building Applications Approved from 1 April 2015 to 30 April 2015

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

Alterations

Dwelling ‑ Single

22/04/2015

15959

K J Norton

5 Kiwi Close

CASTLETOWN WA 6450

442 Stearne Road

MONJINGUP

Lot: 57 D: 86423

9566

Steel

24,000.00

New Building

Carport

14/04/2015

15963

P McBrearty

60 Mentelle Road

KILCARNUP WA 6285

7 Twilight Beach Road

WEST BEACH

Lot: 1005 Pln: 72680

Steel

Concrete

21.0

7,500.00

New Building

Industrial Building

08/04/2015

15964

Sime Building Company Pty Ltd

52 The Esplanade

ESPERANCE WA 6450

28 Norseman Road

CHADWICK

Lot: 38 D: 30555

10158

Concrete or stone

Steel

Concrete

1647.0

1,840,000.00

New Building

Retaining Wall

21/04/2015

15965

Wrinkly Tin & Cladding Company Pty Ltd

3 Corry Street

ESPERANCE WA 6450

103 Dempster Street

ESPERANCE

Lot: 221 Pln: 300919

8,000.00

New Building

Dwelling ‑ Single

15/04/2015

15967

W B Andrews

14 Pink Lake Road

ESPERANCE WA 6450

14 Pink Lake Road

ESPERANCE

Lot: 224 Pln: 8296

OB/1000710

Fibre Cement

Steel

Timber

26.0

100,000.00

Alterations

Dwelling ‑ Single

08/04/2015

15974

G J Sime

6 Corry Street

ESPERANCE WA 6450

6 Corry Street

ESPERANCE

Lot: 39 D: 25907

Fibre Cement

5,000.00

Alterations

Dwelling ‑ Single

22/04/2015

15976

Greg Horan Construction Pty Ltd

Lot 9 Connolly Street

PINK LAKE WA 6450

23 Orana Drive

MYRUP

Lot: 31 Pln: 13883

14356

Fibre Cement

Steel

Concrete

43.0

45,000.00

Alterations

Verandah

15/04/2015

15977

S D Rollond

48 Sims Street

SINCLAIR WA 6450

Sanctuary Crescent

PINK LAKE

Lot: 102 Pln: 49450

Fibre Cement

Steel

Concrete

12,000.00

Alterations

Carport

Steel

Concrete

New Building

Dwelling ‑ Single

13/04/2015

15978

Vermey Building Company

11 Hill Street

CHADWICK WA 6450

The Getaway

PINK LAKE

Lot: 429 Pln: 62421

10647

Brick, veneer

Steel

Concrete

594.0

550,000.00

New Building

Earthworks

22/04/2015

15983

Mooremac Pty Ltd

Address Unknown

10 Simpson Street

CHADWICK

Lot: 439 Pln: 12823

Concrete

2,000.00

New Building

Retaining Wall

Concrete or stone

14,000.00

New Building

Garage/Shed

21/04/2015

15984

D G Wohling

8 Dixon Street

NULSEN WA 6450

Fisheries Road

MERIVALE

S/L: 25 S/P: 60076

Steel

Concrete

338.0

20,000.00

Alterations

Dwelling ‑ Single

28/04/2015

15985

Glen Echo Pty Ltd ‑ Timmins & Timmins

4 Hill Street

CHADWICK WA 6450

90 Burton Road

CASTLETOWN

Lot: 205 Pln: 1376

9556

Other

Steel

Concrete

54.0

162,000.00

New Building

Other Structure

20/04/2015

15987

R D Hart

4 Walnut Grove

CASTLETOWN WA 6450

Tranquil Drive

WINDABOUT

Lot: 64 Pln: 60250

OB/0127/13

Concrete

15.0

1,000.00

Alterations

Club/Community Building

20/04/2015

15988

Ocean View Carpentry

10 George Street

SINCLAIR WA 6450

9 Jacaranda Drive

CASTLETOWN

Lot: 140 Pln: 9489

Steel

Concrete

31.0

20,000.00

Page 2 of 4

Shire of Esperance

Building Applications Approved from 1 April 2015 to 30 April 2015

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

Alterations

Dwelling ‑ Single

10/04/2015

15989

Ocean View Carpentry

10 George Street

SINCLAIR WA 6450

107 Kentmont Road

GIBSON

Lot: 1523 Pln: 207132

Steel

19,000.00

Alterations

Dwelling ‑ Single

22/04/2015

15991

KJ Norton Building Company

5 Kiwi Close Esperance WA 6450

Lalor Drive

WINDABOUT

Lot: 98 Pln: 19065

9566

Brick, veneer

Steel

Concrete

106.0

69,000.00

New Building

Garage/Shed

22/04/2015

15992

A G Ross

7 Burton Road

CASTLETOWN WA 6450

9 Hastings Crescent

CASTLETOWN

Lot: 65 Pln: 57159

Steel

Concrete

81.0

18,000.00

New Building

Carport

30/04/2015

15994

Wrinkly Tin & Cladding Company Pty Ltd

3 Corry Street

ESPERANCE WA 6450

11 Blake Street

SINCLAIR

Lot: 79 D: 80806

Steel

Concrete

30.0

4,500.00

New Building

Office Building

15/04/2015

15995

Ryan Dixon PTY LTD T/A Dixon Construction

The Esplanade 6450

Esperance 6450

64 Windich Street

ESPERANCE

Lot: 20 Pln: 300915

14605

Brick, veneer

Steel

Concrete

385.0

1,100,614.00

New Building

Garage/Shed

23/04/2015

15996

A D Wynne

49 Remark Drive

CASTLETOWN WA 6450

49 Remark Drive

CASTLETOWN

Lot: 1044 Pln: 58988

Steel

Concrete

36.0

8,000.00

New Building

Patio

22/04/2015

15997

D Picen

Clancy Street

Boulder WA 6432

83 Collier Road

PINK LAKE

Lot: 6 D: 63016

Other

Concrete

1,000.00

New Building

Dwelling ‑ Single

14/04/2015

15998

G.J. Gardner Homes

Address Unknown

Fisheries Road

CASTLETOWN

Lot: 9507 Pln: 58988

13090

Brick, veneer

Steel

Concrete

282.0

342,000.00

Alterations

Office Building

22/04/2015

15999

Ryan Dixon PTY LTD T/A Dixon Construction

The Esplanade 6450

Esperance 6450

89 Dempster Street

ESPERANCE

Lot: 33 Pln: 222408

14605

Concrete

12,000.00

New Building

Dwelling ‑ Single

16/04/2015

16000

T & R Homes

105 Kelvin Rd.

MADDINGTON WA 6109

Kendall Road

SCADDAN

Lot: 51 Pln: 215776

12004

Steel

Fibre Cement

Concrete

121.0

360,842.00

New Building

Garage/Shed

24/04/2015

16001

ESM Manufacturing Group

75 Norseman Road

CASTLETOWN WA 6450

20 Remark Drive

CASTLETOWN

Lot: 74 Pln: 57159

Steel

Concrete

57.0

16,623.00

Alterations

Dwelling ‑ Single

30/04/2015

16004

B J Curtis

9 Sampson Street

ESPERANCE WA 6450

Warden Road

CHADWICK

Lot: 25 Pln: 54670

90.0

Alterations

Office Building

21/04/2015

16006

Jollygood Enterprises Pty Ltd

10 Scholey Street

SINCLAIR WA 6450

81 Dempster Street

ESPERANCE

Lot: 37 Pln: 222408

11528

Concrete or stone

Steel

Concrete

94,867.00

Alterations

Office Building

20/04/2015

16007

Ryan Dixon PTY LTD T/A Dixon Construction

The Esplanade 6450

Esperance 6450

77 Windich Street

ESPERANCE

Lot: 12 Pln: 9302

14605

Brick, double

Steel

Concrete

30.0

126,000.00

$5,931,939.00

Total number of Building Licences:

Building Approval Certificates (Unauthorised Structures)

Page 3 of 4

Ordinary Council: Agenda

26 May 2015 Page 257

Shire of Esperance

Building Applications Approved from 1 April 2015 to 30 April 2015

Building Approval Certificates (Unauthorised Structures)

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

Patio

08/04/2015

15704

R R Baker

Swann Road

SALMON GUMS WA 6445

43 Crossland Street

ESPERANCE

Lot: 6 Pln: 9823

Brick, double

Steel

Concrete

53.0

5,000.00

New Building

Garage/Shed

28/04/2015

15813

C A Arnold

34 Dunkley Circuit

PINK LAKE WA 6450

34 Dunkley Circuit

PINK LAKE

Lot: 73 Pln: 22348

Steel

Concrete

19,000.00

New Building

Patio

20/04/2015

15886

J T Richards

Lot 57 Helms Drive

PINK LAKE WA 6450

12 Simpson Street

CHADWICK

Lot: 440 Pln: 12823

Steel

Concrete

1,500.00

New Building

Industrial Building

17/04/2015

15939

J T Hyatt

Address Unknown

8 Scanlon Street

CHADWICK

Lot: 81 Pln: 10893

Steel

Concrete

17.0

10,000.00

Alterations

Garage/Shed

14/04/2015

15986

R D Hart

4 Walnut Grove

CASTLETOWN WA 6450

Tranquil Drive

WINDABOUT

Lot: 64 Pln: 60250

OB/0127/13

1,000.00

New Building

Garage/Shed

24/04/2015

16008

N M Pechar

Lot 40 Helms Drive

PINK LAKE WA 6450

46 Thistle Avenue

BANDY CREEK

Lot: 262 Pln: 64773

Steel

Concrete

36.0

10,000.00

New Building

Garage/Shed

24/04/2015

16013

A Revell

54 Days Avenue

YERONGA QLD 4104

11 Walmsley Street

CASTLETOWN

Lot: 761 Pln: 13295

Steel

Concrete

36.0

6,000.00

$52,500.00

Total number of Building Approval Certificates (Unauthorised Structures):

Total number of Licences/Certificates Reported:

$5,984,439.00

I certify to the best of my knowledge and belief, the particulars given in this return are a true and complete record of proposed building operations known to this local authority.

Signature ........................................... Date ...........................................

(Manager Building Services)

Page 4 of 4

Ordinary Council: Agenda

26 May 2015 Page 275

13. Reports Of Committees

Item: 13.1

De-accession of Artworks

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

File Ref: D15/7794

Applicant

Shire of Esperance Arts Collection Advisory Committee

Location/Address

Internal

Executive Summary

To seek Council approval to de-accession and dispose of 5 artworks from the Shire of Esperance Art Collection.

Recommendation in Brief

That Council de-accessions and disposes of items numbered 24, 35, 49, 51 and 61 in the Shire of Esperance Art Collection Catalogue.

Background

As part of an ongoing review of the Shire of Esperance Art Collection, the Arts Collection Advisory Committee has identified five artworks as being appropriate for de-accessioning and disposal. Details of these artworks will be recorded in the SEAC Catalogue along with the reasons for their de-accessioning and the methods of their disposal. This will ensure the historical accuracy of the Collection for the future.

Council’s Art Collection Policy COMM 004 provides the guidelines for the De-accession/Disposal process, as stated below.

De-accessioning and Disposal

1. Works from the collection may be considered for removal from the collection if they are in poor

condition, damaged or deteriorated beyond reasonable repair or conservation, duplicated or do not meet with the requirements of the collections policy statement. This process is known as de-accession.

2. The Curator may, from time to time, recommend works for de-accessioning to the Advisory Committee who must then obtain Council endorsement to proceed.

3. Where a work has been nominated for de-accession it will be fully documented before disposal.

Undamaged works to be de-accessioned will either be offered to the artist, offered to a more suitable non-profit organisation, put up for public auction, or otherwise disposed of subject to full consultation with Council. In general, works donated should first be offered to the donor or donor’s family, or be offered to other collections or institutions. As a last resort art works are offered for sale.

4. De-accessioned works will not be made available for acquisition by Councillors, staff or Advisory

Committee members unless offered by public tender or auction.

5. Where works are recommended for de-accession because of irreparable damage, a similar work by

the artist of the damaged work may be selected at the discretion of the Advisory Committee if such a work is still available and affordable.

6. Any funds raised by the sale of a de-accessioned art work will be set aside for maintenance and

management of the collection.

Officer’s Comment

Outlined in the Table below are details of the artworks identified by the Committee for de-accessioning, the Committee’s reasons for considering them for de-accessioning, and, the recommended process for disposal.

Accession Number	Artist Name	Title Description	Reason for De-accessioning	Recommended Process of Disposal
SEAC 0024	HIGGINS, Thomas	Untitled, Limited Edition original print.	Presented to the SEAC in 1979 by Esperance Society of Artists – thought to be a gift from a visiting artist but the artwork has no provenance to Esperance either as a work from an Esperance artist or depicting an Esperance subject.	1. No contact details available for artist or his family so cannot return item to them 2. Artwork to be offered to the Cannery Arts Centre as the gift recipients – Society of Artists – operated out of the Cannery in 1979 3. If Cannery rejects the donation then the Committee recommends that the item be listed for disposal through the Disposal of Council Assets process
SEAC 0035	YEEND, Margharita (Maggie)	'Eye of the Cyclone'	This is a large woollen textile wall hanging purchased by Council in 1983 specifically to be hung in the reception room of the (then) new Civic Centre. The colours of the wall hanging were chosen to complement the decor of the new building. Due to its age, materials used in composition and poor storage in the past ten years, its condition has deteriorated to the point where it is no longer suitable for re-hanging in the future and will be difficult to store appropriately.	1. Mrs Yeend’s family have been contacted and will make a decision as to whether they wish to have the artwork returned to them 2. If Mrs Yeend’s family do not want the artwork the Committee recommends that the item be listed for disposal through the Disposal of Council Assets process as the artwork was commissioned for the Civic Centre’s original decor and, as this decor has since been changed, the art work is no longer compatible.
SEAC 0049	Unknown	La Recherché L' Esperance	This is a copy of the framed print that hangs in the Esperance Museum and was presented to Council in 1988 (the Australian Bi-Centennial) by the Esperance Bay Historical Society as a memento of the occasion. It is a copy of an already existing copy, not in a particularly good condition and the provenance of the original painting/photo is unknown	1. The print to be offered back to the Esperance Bay Historical Society, as the original donors 2. If the Society does not want the print back it could be stored with other such gifts in Council’s Gift Collection Depository 3. If it is not required for the Gift Collection Depository then the Committee recommends that the item be listed for disposal through the Disposal of Council Assets process
SEAC 0051	SHARDLOW R.H. (presumed artist of original image)	S.T.S LEEUWIN II Barquentine/236 Tonnes gross	This is a generic promotional print presented to Council around 1990 in acknowledgement of Council support for the then STS Leeuwin programme.	1. As this was a gift to Council it could be stored with other such gifts in Council’s Gift Collection Depository 2. The print could be offered to the Esperance Bay Yacht Club, a local sailing institution 3. If the print is not required for the Gift Collection Depository and declined by the Yacht Club then the Committee recommends that the item be listed for disposal through the Disposal of Council Assets process
SEAC 0061	Unknown	Unknown	This is a Chinese embroidered wall hanging presented as a gift to Council during a Chinese education visit to Esperance in 1994.	1. As this was a gift to Council by a foreign visiting delegation it would be incorrect etiquette to offer it back to the donor but it could be stored with other such gifts in Council’s Gift Collection Depository 2. If the print is not required for the Gift Collection Depository then the Committee recommends that the item be listed for disposal through the Disposal of Council Assets process

The Committee is now seeking Council’s endorsement for the de-accessioning and disposal of the five artworks listed.

Consultation

The family of Mrs. Maggie Yeend have been advised of the proposal to de-accession and dispose of the wall hanging identified as SEAC 0035. The family has not advised its intention as of the date of this report.

Financial Implications

The estimated values of the arts works proposed for de-accessioning as determined by the committee are:

SEAC 0024 - $500

SEAC 0035 - $2,000

SEAC 0049 - $250

SEAC 0051 - $200

SEAC 0061 - $600

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 Section 3.58 - disposing of property.

Local Government (Functions and General) Regulations 1996 Section 30 (3) – A disposition of property other than land is an exempt disposition if – a) its market value in less than $20,000.

Policy Implications

Art Collection Policy (COMM 004)

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Facilitate and promote arts and cultural activities for all ages

A variety of arts and cultural activities which can be exhibited and pursued by local and visiting patrons.

Environmental Considerations

N/A

Attachments

2015 De-accession Report

Committee Recommendation

That Council endorses

1. The de-accession of items numbered 24, 35, 49, 51 and 61 in the Shire of Esperance Art Collection Catalogue; and

2. Disposes of these items in accordance with the de-accession table included under the officers comments within this report.

Officers Recommendation

That Council endorses:

1. The de-accession of items numbered 24, 35, 49, 51 and 61 in the Shire of Esperance Art Collection Catalogue; and

2. Disposes of these items in accordance with the de-accession table included under the Officer’s Comments within this report.

Voting Requirement Simple Majority

a.	Interplan Report - April 2015 - Under Separate Cover
b.	Information Bulletin - April 2015
c.	Thank You Letter - Goldfields Miners Memorial
d.	Thank You - Support & Attendance of Official Opening of Salmon Gums Community Centre
e .	Congratulations - Commendation - 2015 WA Heritage Awards - Esperance Foreshore
f .	Minutes - GVROC - 30 January 2015 - Under Separate Cover
g .	Minutes - GVROC - 27 February 2015 - Under Separate Cover
h .	Minutes - GVROC - Technical Officers Working Group - 6 March 2015 - Under Separate Cover
i .	Minutes - GVROC - 4 May 2015 - Under Separate Cover

Amendment No	Details of Amendment	Date Amendment Initiated by Council	Current Status
2.	Rezoning of Lot 64 Bandy Creek Road, Bandy Creek from "Agriculture - General" to "Special Use"	23 March 2010	· Awaiting modifications to Scheme Amendment report to facilitate referral to EPA for consent to advertise
17.	Rezoning of Lot 2 Sinclair Street, Castletown from "Residential" to "Industry - Business"	24 June 2014	· Advertising period closed.
18.	Rezoning from 'Agriculture - General' to 'Special Use'	24 February 2015	· Pending statutory advertising.

Disclosure of Financial, Proximity or Impartiality Interests

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

Declaration of Interest (Notes for Your Guidance)

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

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

Author/s	Sarah Fitzgerald	Trainee Administation Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

a.	Arts Collection Advisory Committee - 29 April 2015
b.	Lake Monjingup Community Development Group - 29 April 2015
c.	Off Road Vehicle Working Party - 28 April 2015
d.	Off Road Vehicle Working Party - 11 May 2015