Agenda of Ordinary Council

Ordinary Council: Agenda

28 July 2015 Page 20

Item: 12.1.2

Local Planning Scheme No. 23 - Amendment No. 19

Author/s	Richard Hindley	Executive Manager - Statutory Division
Authorisor/s	Terry Sargent	Director External Services

File Ref: D15/13404

Applicant

Internal (Statutory Division)

Location/Address

Various

Executive Summary

For Council to consider initiating Amendment 19 to Local Planning Scheme No. 23 to amend the Scheme by incorporating new clauses, amending existing clauses and updating the Scheme Maps.

Recommendation in Brief

That Council initiate Amendment No. 19 to Local Planning Scheme No. 23.

Background

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

It is proposed that an ‘Aged Persons Dwelling’ be changed from a ‘D’ or Discretionary Use in the Central Area zone to an ‘X’ or Not Permitted Use. This land use is not considered consistent with the objectives of the Central Area zone and the use is not currently represented in the zone.

It is proposed that an ‘Agroforestry’ be changed from an ‘A’ or Advertising Required Land Use in the Industry – Business and the Industry – General zones to an ‘X’ or Not Permitted Use. This land use is considered contrary to the objectives to both the Industry – Business and Industry – General zones. The definition of the use also suggest that it a more broad scale agricultural use requiring planting in blocks of greater than one hectare.

It is proposed that a ‘Caravan Park’ be changed from a ‘D’ or Discretionary Use in the Country Town zone to an ‘A’ or Advertising Required Land Use. Given the smaller lot sizes that occur in the Country Town zone it is considered appropriate to ensure that any proposal for this use be advertised.

It is proposed that a ‘Chalet’ be changed from an ‘A’ or Advertising Required Land Use in the Tourist zone to a ‘D’ or Discretionary Land Use. It is considered that a single Chalet should not require advertising.

It is proposed that a ‘Chalet Park’ be changed from a ‘P’ or Permitted Use in the Tourist zone to an ‘A’ or Advertising Required Land Use. It is considered that a ‘Chalet Park’ should require advertising due to the larger nature of the use.

It is proposed that an ‘Club Premises’, as already defined in Local Planning Scheme No. 23 be changed from an ‘D’ or Discretionary Land Use in the Industry – General zone to an ‘X’ or Not Permitted Use. This land use is considered contrary to the objectives of the Industry – General zone.

It is proposed that a ‘Service Station’ be changed from a ‘X’ or Not Permitted Use in the Central Area zone to an ‘A’ or Advertising Required Land Use. This will also result in the two operational service stations in this zone no longer being considered non conforming uses.

Where no density code is applied to ‘Residential’ zoned land Clause 6.3.1(e) states that development is to comply with the R12.5 standard with the exception of minimum and average lot sizes. It is proposed to extend this Clause to take into account the requirement for an Outline Development Plan within Special Control Area No. 7E.

Clause 5.14 Effluent Disposal currently references Council. It is considered more appropriate to reference Local Government as the wording should require all action under clause 5.14 to be referred to Council where in effect it should be undertaken by a Planner in consultation with an Environmental Health Officer.

Clause 5.18.1 deals with potable water supply and references Council in one of the dot points explaining the equation. It is considered a technical call to determine a greater efficiency rate and it is therefore considered that this in more appropriately referenced to the Local Government.

When Clause 5.21.1 was inserted into the Scheme it was incorrectly referenced as Clause 5.23.1. This amendment assigns the correct clause number.

Clause 5.23 provides a range of criteria for the assessment and approval of tourist residential development. It is considered appropriate for this clause to be referenced to local government. When development exceeds officer delegations it will still be referred to Council for determination (or the JDAP if the cost thresholds are reached).

When Clause 5.23 was inserted into the Scheme there was a gap created with no Clause 5.22. It is proposed to renumber Clause 5.23 to 5.22 to resolve this issue.

It is proposed to add a new provision to part 5 of the Scheme. Whilst ‘Caretaker’s Dwelling’ is a permitted use in certain zones the Scheme to date has been silent on development standards. The new provision provides clear guidance to officers as well as the public as to what development constraints will apply to the creation of a caretakers dwelling

It is proposed to add a new provision to part 5 of the Scheme. Currently a basic Local Planning Policy provides guidance on dealing with Reciprocal Car Parking. The proposed provision formalises the application of Reciprocal and Shared Parking and results in all requirements for parking for development area contained within the Scheme. The new provision provides clear guidance to officers as well as the public as to how and when Reciprocal and Shared Parking will apply.

It is proposed to add a new provision to part 5 of the Scheme. Currently Local Planning Policies provides guidance on dealing with Sea Containers and Second Hand Transportable Dwellings. This provision will support the current policy framework whilst picking up all forms of transportable structure that are currently without an approval framework other than being incidental development to another use.

The Private Property Local Law currently provides provisions for dealing with floodlights and impacts on amenity through light overspill. It is currently proposed to revoke this Local Law and as such a provision is proposed to be inserted into the Scheme. The new provision provides clear guidance to officers in dealing with the amenity impacts of floodlights, spotlights and similar.

There are currently no controls to ensure that sites that have been demolished are presented in a manner that maintains the amenity of the Central Area and Shops and Offices zones. It is proposed that a site would be subject to this clause is redevelopment of a site is delayed for more than six months post demolition. The new provisions will ensure that sites are presented in a manner that reflects the amenity of the surrounding area.

It is proposed to amend the setback provisions in Flinders – SCA 2A to include a standard for secondary street setbacks. It is proposed to use the standard specified in the Residential Design Codes for secondary street setback. The provision currently requires a 5m setback from any street boundary.

It is proposed to amend the setback provisions in Flinders – SCA 2B for land zoned Residential with a density of R12.5 to include a standard for secondary street setbacks. It is proposed to use the standard specified in the Residential Design Codes for secondary street setback. The provision currently requires a 5m setback from any street boundary.

Clause 6.9.5 currently requires referral to the Department of Environment and Conservation and Department of Water. This clause has been modified to reflect the correct agency names. This clause also required determination by Council which is modified to Local Government as officers are in a position to make a determination based on agency advice.

Due to the proposed insertion of a new clause 6.13 the current clauses 6.13 and 6.14 are required to be renumbered.

Due to the proposed insertion of new clause 6.1.1(i) current clauses 6.1.1(i) and 6.1.1(j) are required to be renumbered.

Due to the insertion of a new Special Control Area (SCA 9) needs to be referenced in the list in clause 6.1.1.

State Planning Policy 2.6 – State Coastal Planning Policy (SPP2.6) forms part of the Scheme by reference. As part of SPP2.6 where a coast hazard risk is identified it should be disclosed to those likely to be affected. On consideration of approval for subdivision and/or development current and/or future lot owners should be made aware of the coastal hazard risk by providing the following notification on the certificate of title:

‘VULNERABLE COASTAL AREA – This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years’.

The Esperance Coastal Hazard and Vulnerability Assessment by BMT JFA Consultants established the levels for the 100 in 100 year inundation event and as such this notification needs to be placed on certificates of title.

It should also be noted that this notification is currently being applied under the provisions of State Planning Policy 2.6.

The proposed provisions require the placement of a notification on a title at the time of either subdivision or development. This provision will ensure that the established coastal hazard is referenced in the Scheme. The introduction of this clause will also introduce an amendment to the map outlining the area in which the new Special Control Area applies.

It is proposed to insert the words ‘,ancillary outbuildings’ before ‘and swimming pools’ in clause 8.2 (b). The inclusion of ancillary outbuildings allows for this incidental development to be exempt from approval where it complies with the standards of the Scheme.

Due to the addition of additional subclauses to clause 8.2(b) alterations are required to the numbering to reflect the final form of the clause.

It is proposed to insert additional limitations under clause 8.2(b) (exemptions from approval).

Under this clause approval would be required when an existing house is proposed to be demolished to make way for a new dwelling. Given that the new dwelling can be in a different location on a lot this allows conditions to be placed to ensure the original dwelling is demolished.

Where a development is proposed outside of a building envelope this amendment would require an application for planning approval. This will enable the request to be assessed and processes put in place to amend the building envelope if there is sufficient justification.

There is a provision in the majority of Special Control Areas except as exempted under clause 6.12.3(b). This amendment makes sure this limitation on the exemption is noted in the permitted development clause.

It is proposed to require approval for all dwellings and incidental development in the Rural Residential, Residential R2 and Rural Smallholdings zones. The majority of these lots are already picked up by being included within an existing Special Control Area however given the noted compliance issues that arise in these areas it will be more effective and easier to understand if all lots within these zones require planning approval.

The last limitation proposed is where development is located on a lot within a fire prone area. At the time of preparation of this amendment a fire prone area has not been applied however the Office of Bushfire Risk Management is in the process of developing one. It should be noted that clause 5.17.1 required all habitable buildings to be constructed to comply with Australian Standard 3959 – Building in Bushfire Prone Areas.

Clause 10.4.1 (Form and Date of Determination) incorrectly references ‘Schedule 10’ as the form of approval. The correct schedule is ‘Schedule 13’ and this amendment corrects this reference.

Special Use 3 –relates to a portion of Lot 322 Orleans Bay Road, Condingup. Under Schedule 4 No. SU3 it is proposed to replace the word ‘Council’ with ‘Local Government’. Council is referenced in relation to determination of use (all possibilities are already listed), development in accordance with the plan, effluent disposal building design and setbacks and title notifications. It is considered that these are more appropriately referenced to the Local Government.

Special Use 4 – relates to Lot 900 corner of Fisheries and Merivale Road (Myrup Fly-in Estate). Under Schedule 4 No. SU4 with the exception of Clauses 1.1, 1.3 and 13.1 it is proposed replace the word ‘Council’ with ‘Local Government’. With the exclusion of the clauses listed Council is referenced in relation to determination of use (all possibilities are already listed), minor variations, setbacks, clearing, effluent disposal, conditions of subdivision, special events and emergency usage. It is considered that these are more appropriately referenced to the Local Government.

Under Schedule 4 No. SU4 it is proposed to replace references to the ‘Department of Environment and Conservation’ with ‘Department of Parks and Wildlife’. This reflects the change in department name.

Rural Residential 2 – related to lots previously referenced as Lots 35, 367, 392, 396, 368, 400, 773, 774 and 775 Eleven Mile Beach and Barook Roads, Pink Lake. Under Schedule 5 No. RR2 replace the word ‘Council’ with ‘Local Government’. The reference to Council is in relation to the further subdivision of Lot 9501 subject to an Outline Development Plan and no lot being less than 2 hectares in area. It is considered that these are more appropriately referenced to the Local Government.

Within Schedule 8 on the row titled ‘Central Area’ replace the Max Plot Ratio with ‘2.5’. The Scheme currently stipulates a maximum plot ratio of between 0.75 – 1.5. This provision creates issues as it stipulates a range where it refers to a maximum. The Town Centre Revitalisation Master Plan makes a recommendation to increase the maximum plot ration to 2.5 in the Central Area zone

Within Schedule 8 on the row titled ‘Industry – General’ replace the rear and side setbacks to ‘0’ retaining note ‘(iv)’. The Scheme currently requires a 3m setback to the side and rear in the Industry – General zone. It is considered appropriate to reduce this to 0m as there has been increasing demand to place these building on the boundary.

The Scheme currently provides for a 20m setback reduced to 12m were the development adjoins a road, not a highway or an Important Local Road. It is proposed to replace point (ii) in Schedule 8 for Industry – General to reduce this to a 12m setback which can be further reduced to 6m by advertising under clause 9.4.

The reduction in front setback is considered appropriate given demand for reduced front setbacks as well as maintaining a plot ratio of 0.5 which will ensure half the site is not occupied by buildings.

It is proposed to remove ‘Private Clubs and Institutions’ from Schedule 8 - Development Provisions by Zone as this use does not appear in the Scheme having been removed before the Scheme was gazetted.

Schedule 12 is the Notice of Public Notice for a Planning Proposal. This form currently refers to ‘Council’ and it is proposed to replace this with ‘Local Government’. It should be noted that in the Model Scheme Text this Schedule refers to Local Government.

It is proposed apply the ‘Recreation and Conservation – Local’ reserve to Lots 452, 453 and 487 Goldfields Road, Lots 454 – 456 Mitchell Street and Lot 903 Walmsley Street (Lions Park) as they were rezoned to ‘Residential R30’ in error along with a number of adjoining ‘Residential’ Zoned lots.

It is proposed to remove the Residential Density Code from Lots 14, 15, 34 and 35 Twilight Beach Road, Lots 1606, 17-25, 1607, 27, 28, 40 and 31-33 Cornell Street. The lots in question are currently zoned Residential with a density of R5 and located within Special Control Areas 7A and 7D. Given that no subdivision is possible and setbacks are determined under the Scheme it is considered inappropriate to retain a density code on the lots.

It is proposed to remove the Residential Density Code from Lot 70 Stewart Street and Lots 76, 77, 79, 81 and 85 Twilight Beach Road. This modification is related to the proposed modification in section 2.8 of this report. Clause 6.11.9(a) of the Scheme requires an Outline Development Plan to be prepared and endorsed by the Council and WAPC. By not stipulating a density it allows the Outline Development Plan to, subject to adequate servicing, allocate a far wider range of densities than currently provided for.

It is proposed to apply the ‘Tourist Residential’ zone to Lot 1 – 7 The Esplanade which are currently zoned ‘Tourist’. The lots in question were developed in accordance with an approval issued under Town Planning Scheme No. 22. Since the gazettal of Local Planning Scheme No. 23 the land use approved has been a non-conforming use. The proposed change in zoning will reflect the current land use that has been approved whilst still permitting a range of tourist and commercial uses.

As a result of the Esperance Foreshore upgrades the Department of Lands have amended the boundary of Reserve 27318. This amendment will modify the extent of the current ‘Parks, Recreation and Conservation – Local’ reserve to match with the boundary of Reserve 27318.

With the amendment to the boundary of Reserve 27318 portions of the reserve now fall outside of the Scheme Boundary. This amendment amends the Scheme Boundary to be consistent with the Reserve boundary.

It is proposed to rezone a portion of The Esplanade that is currently shown as a ‘Parks, Recreation and Conservation – Local’ reserve which is considered inappropriate as The Esplanade occupies this portion of land. The rezoning of this site to ‘Important Local Road’ will reflect the use of the land.

It is proposed to rezone a portion of Andrew Street that is currently shown as ‘Parks, Recreation and Conservation – Local’ which is considered inappropriate as Andrew Street occupies this portion of land. The rezoning of this site to ‘Important Local Road’ will reflect the use of the land.

As a result of the Esperance Foreshore upgrades the Department of Lands have amended the boundary of Reserve 33694 (Boat Ramp). This amendment will modify the extent of the current ‘Public Purpose’ reserve to match with the boundary of Reserve 33694. As this amendment reflects the extent of the public purpose reserve contained within Reserve 33694 it is considered that this amendment can be viewed as procedural.

With the amendment to the boundary of Reserve 33694 the Scheme Boundary extends into the Ocean. This amendment amends the Scheme Boundary to be consistent with the Reserve boundary.

It is proposed to rezone Lots 38 – 41, 154 and 155 Dempster Street and Lots 156 and 157 Taylor Street from ‘Central Area’ to ‘Tourist Residential’ with a density of R40/60 The lots in question are currently zoned ‘Central Area’ under Local Planning Scheme No. 23. The Town Centre Revitalisation Master Plan makes a recommendation to reduce the size of the Central Area zone. The area forming part of this amendment has not been developed for commercial purposes and the proposed zone will give development potential that allows a greater residential component whilst retaining some commercial potential.

It is proposed to rezone Lot 66 Castletown Quays from ‘Residential’ with a density of R20 to ‘Local Road’. Lot 66 appears to be zoned ‘Residential’ in error as it is a Right of Way. Castletown Quays extends through a portion of the lot as well as Reticulated Water, Sewerage and Power infrastructure. As Lot 66 is for all intents and purposed treated as though it is a ‘Local Road’ the Scheme should reflect this.

It is proposed to rezone recently created lots within Fisheries Rise and a portion of Shoresands Estates to apply a density of R20. This is consistent with the approach that was taken under Amendment No. 16 to apply the R20 density to all R12.5 and R15 coded lots that were in existence at the time within Fisheries Rise, Shoresands and Le Grand estates.

Officer’s Comment

This amendment seeks to make a number of modifications to the Scheme and the Scheme Maps as outlined above. These changes are consistent with the Local Planning Strategy and consist of updates to the Scheme and the Scheme Maps.

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

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

Consultation

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

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Town Planning Regulations 1967

Local Planning Scheme No. 23

Policy Implications

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Local Planning Scheme No. 23 - Amendment No. 19 - Under Separate Cover

Officer’s Recommendation

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

1. Initiate Local Planning Scheme No. 23 – Amendment No. 19

2. Amend Local Planning Scheme No. 23 by:

i. Amending the Land Use Table by making ‘Aged Persons Dwelling’ an ‘X’ use in the Central Area zone.

ii. Amending the Land Use Table by making ‘Agroforestry’ an ‘X’ use in the Industry – Business and Industry – General zones.

iii. Amending the Land Use Table by making ‘Caravan Park an ‘A’ use in the Country Town zone.

iv. Amending the Land Use Table by making ‘Chalet’ a ‘D’ use in the Tourist zone.

v. Amending the Land Use Table by making ‘Chalet Park’ an ‘A’ use in the Tourist zone.

vi. Amending the Land Use Table by making ‘Club Premises’ an ‘X’ use in the Industry – General zone.

vii. Amending the Land Use Table by making ‘Service Station’ an ‘A’ use in the Central Area zone.

viii. Replacing Clause 5.3.1(e) with –

(e) Where no code is stipulated in the ‘Residential’ zone development is to comply with the R12.5 standard with the exception of minimum and average lot sizes unless a density is applied on land by an Outline Development Plan required under Clause 6.11.9(a).

ix. Under Clause 5.14 replace the word ‘Council’ with ‘Local Government’.

x. Under Clause 5.18.1 replace the word ‘Council’ with ‘Local Government’.

xi. Renumbering Clause 5.23.1 under Clause 5.21 to Clause 5.21.1.

xii. Replacing the word ‘Council’ under Clause 5.23 with ’The Local Government’.

xiii. Renumbering Clause 5.23 to Clause 5.22

xiv. Inserting the following clause into Part 5:

5.23 Caretaker’s Dwellings

Where a caretaker’s dwelling use is proposed it shall comply with the following:

5.23.1 A caretaker's dwelling must be incidental to the predominant use of the site.

5.23.2 Only one caretaker's dwelling is permitted on each lot.

5.23.3 The total plot ratio area of a caretaker's dwelling is 70m², measured from the external face of walls excluding verandahs and carports.

5.23.4 Verandahs and carports may be permitted, but if enclosed will form part of the total calculated floor area.

5.23.5 The Local Government may consider the use of notifications on title to advise prospective purchasers of potential impacts from noise, dust, odour or amenity that may arise from the location of a residential land use within the zone.

5.23.6 The Local Government will not consider applications for caretakers' dwellings prior to the primary site activity being either approved or constructed.

5.23.7 Where simultaneous approval has been granted by the Local Government for both a caretaker's dwelling and the main activity on the same lot, the main activity must be developed and operational prior to occupation of the dwelling.

5.23.8 Caretaker's dwellings should be carefully sited and constructed so the potential site (or estate) impacts from noise, dust, odour or amenity are minimised.

5.23.9 A caretaker's dwelling may only be occupied by the owner, manager, lessee or employee (and immediate family thereof) of the lawfully established or approved land use.

5.23.10 Where the primary site activity has ceased the occupation of the caretaker’s dwelling is to cease.

xv. Inserting the following clause into Part 5:

5.24 Reciprocal Parking and Shared Parking

5.24.1 Subject to the Scheme, and the provisions of any relevant Local Planning Policy, the Local Government may exercise its discretion in granting planning approval to permit a proportion of the total number of car parking bays required under the Scheme to be provided jointly with any one or more other premises within a location, where it is demonstrated to the satisfaction of the Local Government that reciprocal and/or shared car parking would result in the same number of car parking bays required under the Scheme. Under this clause, “reciprocal” parking relates to land that is privately owned and “shared” parking relates to land which is owned by the Local Government or is vested with the Local Government for public parking.

5.24.2 Subject to the Scheme, and the provisions of any relevant Local Planning Policy, reciprocal and/or shared car parking shall only be permitted in locations where the following has been demonstrated to the satisfaction of the Local Government:

(a) reciprocal or shared off-street parking facilities are available in the location that sufficiently accommodates the deficit in car parking required under the Scheme for the development/use; and

(b) the peak hours of operation of developments/uses so sharing are different and do not substantially overlap, whether or not the premises providing shared car parking separately have the prescribed number of parking bays; and

(c) that a legally binding agreement has been made to enable those reciprocal or shared off-street parking facilities to be used for that purpose. Where a reciprocal or shared parking arrangement is proposed as part of an application for planning approval, the written consent of the property owner of the reciprocal or shared parking facility must be in the form of a legally binding agreement between both parties that is prepared to the satisfaction of the Local Government, and at the applicant’s own cost.

5.24.3 Where an application proposes reciprocal and/or shared car parking in accordance with clause 5.24, the Local Government shall require a supporting development impact statement (with respect to traffic management and parking demand), to be prepared at the applicant’s cost and to the satisfaction of the Local Government as part of any application for planning approval.

5.24.4 The Local Government may require that reciprocal access and circulation arrangements are provided for any use/development of premises affected by clause 5.24, where such arrangements are deemed necessary to improve traffic management, road safety or amenity.

xvi. Inserting the following clause into Part 5:

5.25 Transportable Structures

5.25.1 Notwithstanding any other provision of the Scheme, all transportable structures, including relocated Single Houses, shall require planning approval.

5.25.2 In considering an application for a transportable structure, the Shire shall take into account whether the appearance of the structure would be compatible with the character and visual amenity of the locality to which it is proposed to be relocated. The Shire may refuse an application for a transportable structure if, in its opinion, the appearance of the structure would be incompatible with the character and visual amenity of the locality to which it is proposed to be relocated, notwithstanding any other provision of the Scheme.

5.25 3 Notwithstanding clause 5.25.2, no sea container shall be placed on any lot zoned Residential other than when associated with a valid building permit and to be removed on completion of construction.

5.25.4 Any approval granted for the placement of a sea container on a lot zoned Rural Residential shall be limited to a specific period of time, such time not exceeding 12 months.

5.25.5 Not withstanding Clauses 5.25.3 and 5.25.4 where a sea container is clad and has the addition of a pitched roof or is permanently screened from public view it may receive planning approval subject to clause 5.25.2.

xvii. Inserting the following clause into Part 5:

5.26 Light overspill

5.26.1 Floodlights, spotlights and all other forms of lighting shall be constructed, oriented and controlled so as not to:

(a) adversely impact on the amenity of any adjacent residents; or

(b) Cause a traffic hazard in the adjacent road network.

xviii. Inserting the following clause into Part 5:

5.27 Landscaping of Demolished Building Sites

5.27.1 Where buildings are demolished within the Central Area and Shops and Offices zones and, for whatever reason, redevelopment of the site is delayed for more than six months; the following works are required to be carried out by the applicant:

(a) The premises are to be cleared of all rubble, debris and demolition materials;

(b) The site is to be levelled to the same level as the adjoining footpath and/or road and turfed so it can be mowed unless topography is such that an alternative solution is required and that the solution is to the satisfaction of the Local Government;

(c) The site is to be landscaped with perimeter plantings (consisting of advanced specimens of fast growing species as determined by the Local Government); and

(d) The site is to be maintained to ensure no sediment runoff from the site occurs.

xix. Replacing Clause 6.3.6(a) with –

(a) All buildings shall be setback a minimum of five (5) metres from the primary street boundary with secondary street boundaries being setback in accordance with the Residential Design Codes.

xx. Replacing Clause 6.4.6(a) with –

(a) On lots designated as single residential R12.5 on the Scheme Map, all buildings shall be setback a minimum of five (5) metres from the primary street boundary with secondary street boundaries being setback in accordance with the Residential Design Codes.

xxi. Replacing subclauses (a) and (b) under Clause 6.9.5 with -

(a) The Local Government may refer applications for planning approval to the Department of Parks and Wildlife and the Department of Water and the Local Government is to have due regard to recommendations and advice received from those authorities when determining applications.

(b) The keeping of horses on lots of less than 4ha (or equivalent stocking rates of other animals) within SCA 5 will be refused or referred to the Department of Parks and Wildlife for comment and subsequent determination by the Local Government.

xxii. Renumbering clause 6.13 to 6.14 and 6.14 to 6.15 and all sub clauses accordingly’.

xxiii. Within clause 6.1.1 renumber ‘(j)’ to ‘(k)’ and ‘(i)’ to ‘(j)’.

xxiv. inserting the following after clause 6.1.1 (h):

(i) Special Control Area 9 – Coastal Erosion and Inundation Risk

xxv. Inserting the following clause into Part 6 after clause 6.12:

6.13 SCA9 – Coastal Erosion and Inundation Risk Special Control Area 9

6.13.1 Purpose

(a) The purpose of SCA9 is to provide guidance for land use and development within the potential coastal erosion and inundation risk area.

6.13.2 Objective

The objective of SCA9 is to –

(a) Ensure that development and use are made aware of potential coastal erosion and inundation risk.

6.13.3 Application Requirements

(a) Despite any other provision of the Scheme planning approval is required for all use and development including a single house.

6.13.4 Relevant Considerations

In addition to the provisions of the Scheme, the local government in considering applications for rezoning, subdivision or planning approval in SCA 9 is to have regard to –

(a) Esperance Coastal Hazard and Vulnerability Assessment by BMT JFA Consultants; and

(b) Statement of Planning Policy 2.6 State Coastal Planning Policy,

and shall determine applications for planning approval accordingly.

6.13.5 Development Requirements

(a) A notification is to be placed on the Certificate of Title as a condition on its planning consent stating ‘VULNERABLE COASTAL AREA – This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years’.

(b) New property titles (including strata titles) should warn of potential coastal erosion and inundation risk. This notification pursuant to Section 165 of the Planning and Development Act is to state ‘VULNERABLE COASTAL AREA – This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years’

xxvi. Inserting the words ‘,ancillary outbuildings’ before ‘and swimming pools’ in clause 8.2 (b).

xxvii. Deleting the word ‘or’ at the end of clause 8.2(b)(ii).

xxviii. Replacing ‘,’ with ‘;’ at the end of clause 8.2(b)(iii).

xxix. Inserting the following into clause 8.2(b):

(iv) it is not the first dwelling erected on the lot;

(v) the development is proposed to be outside an approved Building Envelope;

(vi) the development is within a Special Control Area unless that specifically exempted under Clause 6.12.3 (b);

(vii) it will be in the Rural Residential, Residential with density of R2, or Rural Small Holding zones; or

(viii) the development is located on a lot within a fire prone area.

xxx. Within clause 10.4.1 replacing ‘Schedule 10’ with ‘Schedule 13’.

xxxi. Under Schedule 4 No. 3 replace the word ‘Council’ with ‘Local Government; retaining all possessive ‘‘s’.

xxxii. Under Schedule 4 No. 4 with the exception of Clauses 1.1, 1.3 and 13.1 replace the word ‘Council’ with ‘Local Government’ retaining all possessive ‘‘s’.

xxxiii. Under Schedule 4 No. 4 replace references to the ‘Department of Environment and Conservation’ with ‘Department of Parks and Wildlife’.

xxxiv. Under Schedule 5 No. RR2 replace the word ‘Council’ with ‘Local Government’.

xxxv. Within Schedule 8 on the row titled ‘Central Area’ replace the Max Plot Ratio with ‘2.5’

xxxvi. Within Schedule 8 on the row titled ‘Industry – General’ replace the rear and side setbacks to ‘0’ retaining note ‘(iv)’.

xxxvii. Within Schedule 8 on the row titled ‘Industry – General’ replace point (ii) with:

(ii) Where the development adjoins a road, not a Highway or an Important Local Road the front setback is to be a minimum of 12 metres which can be reduced to 6m by the Local Government after advertising under Clause 9.4.

xxxviii. Within Schedule 8 delete the row titled ‘Private Clubs and Institutions’.

xxxix. Under Schedule 12 replace the word ‘Council’ with ‘Local Government’.

xl. Amending the Scheme by rezoning Lots 452, 453 and 487 Goldfields Road, Lots 454 – 456 Mitchell Street and Lot 903 Walmsley Street from ‘Residential R30’ to ‘Parks, Recreation and Conservation – Local’ as depicted on the Amendment Map.

xli. Amending the Scheme Map by removing the Residential Density Code from Lots 14, 15, 34 and 35 Twilight Beach Road, Lots 1606, 17-25, 1607, 27, 28, 40 and 31-33 Cornell Street as depicted on the Amendment Map.

xlii. Amending the Scheme Map by removing the Residential Density Code from Lot 70 Stewart Street and Lots 76, 77, 79, 81 and 85 Twilight Beach Road as depicted on the Amendment Map.

xliii. Amending the Scheme Map by rezoning Lots 1-7 The Esplanade from ‘Tourist’ to ‘Tourist Residential’ as depicted on the Amendment Map.

xliv. Amending the Scheme map by adjusting the boundary for Reserve 27318 ‘Parks, Recreation and Conservation’ as depicted on the Amendment Map.

xlv. Amending the Scheme boundary to follow the outer boundary of Reserve 27318 ‘Parks, Recreation and Conservation’ as depicted on the Amendment Map.

xlvi. Amending the Scheme Map by rezoning a portion of road reserve (The Esplanade) from ‘Parks, Recreation and Conservation – Local’ to ‘Important Local Road’ as depicted on the Amendment Map.

xlvii. Amending the Scheme Map by rezoning a portion of road reserve (Andrew Street) from ‘Parks, Recreation and Conservation – Local’ to ‘Important Local Road’ as depicted on the Amendment Map.

xlviii. Amending the Scheme map by adjusting the boundary for Reserve 33694 ‘Public Purpose’ as depicted on the Amendment Map.

xlix. Amending the Scheme boundary to follow the outer boundary of Reserve 33694 ‘Public Purpose’ as depicted on the Amendment Map.

l. Amending the Scheme Map by inserting Special Control Area 9 as depicted on the Amendment Map.

li. Amending the Scheme Map by rezoning Lots 38 – 41, 154 and 155 Dempster Street and Lots 156 and 157 Taylor Street from ‘Central Area’ to ‘Tourist Residential’ with a density of R40/60 as depicted on the Amendment Map.

lii. Amending the Scheme Map by rezoning Lot 66 Castletown Quays from ‘Residential R20’ to ‘Local Road’ as depicted on the Amendment Map.

liii. Amending the Scheme Map by rezoning a portion of Lots 1067 Waterlily Way and 1009 Wickham Way from ‘Local Road’ to ‘Residential’ as depicted on the Amendment Map.

liv. Amending the Scheme Map by rezoning a portion of Wickham Way from ‘Residential R20’ to ‘Local Road’ as depicted on the Amendment Map.

lv. Applying a specific density code on the Scheme Map of R20 to Lots 1020 – 1026 Woody Avenue, Lots 1064 – 1073 Waterlily Way and Lots 596, 763, 770, 1009 – 1019 and 1075 – 1080 as depicted on the Amendment Map.

3. Refer Amendment 19 to the EPA under Section 81 of the Planning and Development Act 2005.

4. Determine that Local Planning Scheme No. 23 – Amendment No. 19 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 July 2015 Page 33

Item: 12.1.3

Local Planning Policy - Signs

Author/s	Richard Hindley	Executive Manager - Statutory Division
Authorisor/s	Terry Sargent	Director External Services

File Ref: D15/15053

Applicant

Internal (Statutory Division)

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the adoption of the Local Planning Policy – Signs under Clause 2.4.2 of Local Planning Scheme No. 23.

Recommendation in Brief

That Council adopt the Local Planning Policy – Signs subject to modifications in accordance with Clause 2.4.2 (b) 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.

At the May 2015 Ordinary Council meeting it was resolved (O0515-014)

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

This local planning policy has been prepared to provide 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.

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 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.

At the close of advertising one submission was received and is summarised along with a proposed response in the following table:

Ref	Submission	Officer Comment	Recommendation
1	Document is aiming to provide a process, rather than a policy. Suggests replacing reference to policy with procedure throughout the document.	The draft is proposed to be a Local Planning Policy under clause 2.4 of the Scheme	Dismiss
2	The ‘local authority’ is referred to as Shire, Local Government and Council.	Council is used where specific reference is required to the Council. The reference to ‘Shire’ in clause 5 (g) and the second paragraph of clause 1 can be changed to ‘Local Government’	Change the reference to ‘Shire’ in clause 5 (g) and the second paragraph of clause 1 to ‘Local Government’
3	For workability the process should be linked to a form.	Schedule 11 – Additional Information for Advertisements of the Scheme is the form that is required to be completed for as sign application.	Dismiss
4	Inclusion of new sections for purpose and objectives	The proposed sections are not required in the policy	Dismiss
5	Renames Objective to Background	This section is more properly referenced as Objective as it establishes the aims of the policy.	Dismiss
6	Definitions – Billboard Signs – inserts ‘, or’ at the end of point i)	‘, or’ should be inserted at the end of point i) and is considered an omission in the draft policy.	Insert ‘, or’ at the end of point i) and ‘.’ at the end of point ii) in Definitions – Billboard Signs
7	Suggest amendment to the definition of ‘Development Sign’ by deleting ‘that complies with one of the following criteria’ and replacing it with ‘where’ also suggest a point iii) for non residential/commercial.	The definition as it stands covers residential and commercial lots as it requires compliance with one of the criteria, and commercial lots are subject to the subdivision process. No modification is required.	Dismiss
8	Suggest the deletion of the definition of ‘Election Notice’ as if is not advertising in a commercial sense	Replace the definition of ‘Election Notice’ with ‘Election Sign’ – means a sign which encourages persons to vote for a candidate, political party, referenda or matter relating to any federal, state or local government election, but excludes bumper stickers. Insert the following as clause 9 (c) an election sign which is: (i) erected on private property with the approval of the owner of that property, where such approval has been obtained prior to the erection of the election sign; (ii) erected not more than 28 days prior to the date of the election to which it relates; and (iii) removed within 3 days of the date of the election. These changes ensure that election signage is restricted being displayed one when a election is proposed and with the consent of the landowner. By exempting this form of sign it will reduce ‘red tape’ at election times.	Replace the definition of ‘Election Notice’ with ‘Election Sign – means a sign which encourages persons to vote for a candidate, political party, referenda or matter relating to any federal, state or local government election, but excludes bumper stickers.’ Insert the following as clause 9 (c) an election sign which is: (i) erected on private property with the approval of the owner of that property, where such approval has been obtained prior to the erection of the election sign; (ii) erected not more than 28 days prior to the date of the election to which it relates; and (iii) removed within 3 days of the date of the election.
9	Suggests amendment to the definition of Illuminated Sign by deleting ‘the advertisement’ before ‘by artificial light’	The proposed modification is a simplification of the definition.	Amend the definition – Illuminated sign by deleting ‘the advertisement’ before ‘by artificial light’
10	Suggest that healthcare should be incorporated into the definition of Institutional sign.	Incorporating healthcare into the definition is not considered appropriate as it is an all encompassing term.	Dismiss
11	Suggests that the definition of Rural producer’s sign implies processed food, which seems contradictory to this definition.	The definition relates to products produced or manufactured upon the land. This phrase also includes produce grown on the land and as such no modification is required,	Dismiss
12	Policy Statement section renamed to ‘Limitations/Restrictions’	The proposed renaming is not required in the policy	Dismiss
13	In Policy Statement – Overall Signage suggest wording changes in relation to the number of signs on each property. Also raises the question of what happens when there are more than 10 tenants.	The proposed wording is not supported with the current wording being adequate. Where development is outside of the standards stipulated in the policy it will be referred to Council for determination.	Dismiss
14	In Policy Statement – Billboard sign questions the reason for the restrictions. Also questions why limited to 1 sign irrespective of conditions.	The restriction on the number of signs is ensures this nature of sign does not become too prolific. Where development is outside of the standards stipulated in the policy it will be referred to Council for determination.	Dismiss
15	In Policy Statement – Development signs questions the relevance of the relevance of the reference to an existing residential area and directly opposite established houses. Also questions what happens when no houses are opposite.	Within an existing residential area a smaller sign is permitted to assist in maintaining the residential amenity of the area. If no houses are opposite an assessment would be undertaken to determine if it was an existing area or should be treated as a new subdivision.	Dismiss
16	In Policy Statement – Development signs states that ‘large’ development is not defined and should be considered for deletion.	The reference to ‘Large’ is contained within the clause.	Dismiss
17	In Policy Statement – Illuminated Signs request that in point (a) the word ‘combustible’ is replaced with ‘non-combustible’.	Policy Statement – Illuminated Signs replace the word ‘combustible’ with ‘non-combustible’ in point (a).	Replace the word ‘combustible’ with ‘non-combustible’ in point (a) of Policy Statement – Illuminated Signs.
18	In Policy Statement – Illuminated Signs point (b) suggests that the clause is subjective and should be defined.	This part of the clause is referencing general amenity and is considered appropriate.	Dismiss
19	Suggest the deletion of Policy Statement – Projection Sign as it is superfluous and fails the conditions of table 1	Under Table 1 a projection sign can a height or width of no greater than 10m and an area of no greater than 50m² and the top is not to exceed 12m.	Dismiss
20	In Policy Statement –Property transaction sign question the reference to ‘if approved’ as if not approved there is no sign. Also questions the letter height specified in (a) iii).	If a sign is approved the standards list apply so the proposed wording is appropriate. The height of wording is to ensure the sign is visible and does not pose a distraction.	Dismiss
21	In Policy Statement –Pylon Sign suggests the reference to ‘brand’ be extended to ‘brand and product’.	On review it is considered appropriate that brand advertising is appropriate and that the issue would be with product advertising. It is proposed to replace the word ‘brand’ with ‘product’.	Replace the word ‘brand’ with ‘product’ in Policy Statement –Pylon Sign.
22	In Policy Statement – Roof sign request that the words ‘they are’ are replaced with ‘it is’.	The wording proposed is considered appropriate.	Replace the words ‘they are’ are replaced with ‘it is’ in Policy Statement – Roof sign point (b)
23	In Policy Statement – Roof sign questions what happens in relation to a flat roof under point (c).	Based on the policy provision a roof sign would not be permitted on a flat roof. Note that where development is outside of the standards stipulated in the policy it will be referred to Council for determination.	Dismiss
24	Policy Statement – Rural Producer’s sign suggest deletion as duplicated definition.	This section of the policy the gives the specifications and requirements for each category of advertisement referred to in clause 3. Retaining this policy statement is appropriate.	Dismiss
25	Policy Statement – Wall signs suggest that point a) is inconsistent with the definition and superfluous,	Amend the definition of Wall sign to ‘Wall sign – a sign attached to or painted on a wall or fascia of a building (including structures attached to the building) or on a structure that protrudes no more than 50mm from the wall, fascia or structure, but does not protrude into or over a road.’ Point a) as commented on should be deleted.	Deleted Policy Statement – Wall signs point a’. Replace the definition for wall sign with ‘Wall sign – a sign attached to or painted on a wall or fascia of a building (including structures attached to the building) or on a structure that protrudes no more than 50mm from the wall, fascia or structure, but does not protrude into or over a road.’ Amend Table 1 to reflect the maximum protrusion.
26	Signs not Permitted point h) add the word ‘on’ after the word ‘painted’	‘on’ should be inserted after the word ‘painted’ in point h) and is considered an omission in the draft policy.	Add the word ‘on’ after the word ‘painted’ in Signs not Permitted point h).
27	Signs not Permitted point j) consider the replacement of the words ‘in the centre of’ with ‘on’	Replace the words ‘in the centre of’ with ‘on’ in Signs not Permitted point j). This wording is considered more appropriate.	Replace the words ‘in the centre of’ with ‘on’ in Signs not Permitted point j).
28	Signs not Permitted point l) is confusing.	The confusing nature of point l) is noted. Replace Signs not Permitted point l) with ‘it is third party signage unless: (i) It is for the benefit or credit of the municipality; or (ii) Approved under the provisions of part 6 of this policy.’	Replace Signs not Permitted point l) with ‘it is third party signage unless: (i) It is for the benefit or credit of the municipality; or (ii) Approved under the provisions of part 6 of this policy.’
29	Objects to Part 8 Standard of Development as open ended and hard to enforce	Part 8 can be removed. Clause 11.2 of the Scheme provides power to instruct the removal or repair of an advertisement.	Delete Part 8. Standard of Development and renumber accordingly
30	Suggests the deletions of the word ‘development’ in Part 9 (b)	Noted it is considered more appropriate to reference ‘planning approval’ rather than ‘development approval’ to be consistent with the Scheme	Replace ‘development approval’ with ‘planning approval’ in Part 9 (b).
31	A draft application and approval form was supplied with the submission.	Schedule 11 of the Scheme is to be completed in addition to the Application for Planning Approval form (Schedule 10). The notice of approval is to be in the form of Schedule 13 of the Scheme	Dismiss

In addition to the changes identified in the above table it is proposed to amend the heading of the third column in Table 1 to read Maximum length (width) of Sign (m). This is to make it clear which dimension of the sign this column applies to. It is also proposed to make the Maximum projection from building (m) for a Pylon sign to be N/A as it by definition will not be attached to a building. A final modification is adding the words ‘,awning mounted signs, hoardings’ to the heading of the definition of Verandah sign – verandah facia. This modification ensure that the correct

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

The policy was advertised under the provisions of Clause 2.4 of Local Planning Scheme No.23.

Advertising consisted of an advert being placed in the Esperance Express for two consecutive weeks.

Advertising ran for 3 weeks with comments closing on Friday 3 July 2015.

At the close of advertising one submission had been received (Attachment B).

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

a.	Modified Local Planning Policy - Signs
b.	Submission on Draft Policy - Kaj Nieukerke

Officer’s Recommendation

That Council adopt Local Planning Policy – Signs with modifications in accordance with Clause 2.4.2(b) of Local Planning Scheme No. 23 as per Attachment A.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 July 2015 Page 85

Item: 12.1.6

Development Application - Alterations/Additions to Dwelling - Proposed Lot 25 (40) Castletown Quays, Castletown

Author/s	Jon Creedon	Town Planning Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D15/14860

Applicant

Nathan Lang (Enhanced Design & Drafting) on behalf of F W & J A Stevens

Location/Address

Lot 23 (2) Chaplin Street, Castletown (Proposed Lot 25 (40) Castletown Quays, Castletown)

Executive Summary

For Council to consider an application for Planning Approval for Development Application 10.2015.2925.1 for Alterations/Additions to a Dwelling on proposed Lot 25 (40) Castletown Quays, Castletown.

Recommendation in Brief

That Council:

1. Approve Development Application 10.2015.2925.1 for Alterations/Additions to a Dwelling on Lot 25 (40) Castletown Quays, Castletown; and

2. That Council retrospectively approve Development Application 10.2015.2925.1 for a verandah on Lot 25 (40) Castletown Quays, Castletown.

Background

The subject property, Lot 23 (2) Chaplin Street, Castletown consists of former Lot 385 Chaplin Street and Lot 384 Castletown Quays (formerly used as a car park). Approval was granted on 13 September 2013 by the Western Australian Planning Commission (WAPC) to subdivide the land into the proposed Lot 24 (39) and 25 (40) Castletown Quays. Deposited Plan 400361 issued by Landgate was approved by the WAPC on 25 February 2014 however the Certificate(s) of Title have not yet been issued. The dwelling the subject of this development application sits wholly on the proposed Lot 25 (40) Castletown Quays.

The area of the parent lot is 1599.15 square metres. The proposed Lot 25 is 796 square metres in area. The zoning of the property is ‘Residential R20’ under Local Planning Scheme No. 23.

An application for Alterations/Additions to a Dwelling was received on 25 May 2015. The proposed works include:

· Two verandahs on the northern and southern sides of the existing dwelling;

· A double garage running parallel to Chaplin Street;

· The removal of an external toilet on the ground floor; and

· An extension of the living area and a balcony on the first floor.

It is noted that the northern verandah is already constructed with no approvals and is included in the application for retrospective approval. It should also be noted that were this verandah enclosed and assessed as being on the parent Lot 23 (2) Chaplin Street, it would meet the Deemed-to-Comply criteria under Part 5.1.3 C3.2 ii) of the Residential Design Codes for boundary walls, which states that walls may be built up to a lot boundary:

· “in areas coded R20 and R25, walls not higher than 3.5 metres with an average of 3 metres of less, up to up to a maximum length of the greater of 9 metres or one-third the length of the balance of the lot boundary behind the front setback, to one side boundary only”.

An objection to the proposed development was received by Planning Services on 22 June 2015.

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

Officer’s Comment

The proposed southern verandah, upper floor extension and balcony are compliant with the Deemed-to-Comply provisions of the Residential Design Codes. However, the northern verandah and garage parallel to the street do not comply with the provisions of the Residential Design Codes for street surveillance and setbacks from boundaries.

Comment was sought based on:

· A garage parallel to the street and setback 1.97 metres exceeding the minimum 3 metre setback provided under the Residential Design Codes;

· No openings (windows) on the wall to the garage facing Chaplin Street, varying the requirement for walls on garages parallel to the street to have openings under the Residential Design Codes; and

· A setback of 169mm to the proposed northern verandah which is a relaxation from the 1.5 metre setback required for walls greater than 9 metres long and less than 3.5 metres in height.

The neighbouring landowner objected on the following grounds:

Objection

Design Principles

Officer’s Comment

According to a current search on Landgate the lot is 23 (#2) Chaplin Street not lot 25 Castletown Quays. Also as the front entrance faces Chaplin Street under the definition of the R-Codes this is the Primary Street.

Under the Residential Design Codes, the “primary street” is defined as “the sole or principal public road that provides access to the major entry (front door) of the dwelling”.

An approval was granted by the Western Australian Planning Commission dated 13 September 2013 to subdivide the parent Lot 23 (2) Chaplin Street into the two proposed Lot 24 (39) and Lot 25 (40) Castletown Quays. Deposited Plan 400361 issued by Landgate was approved on 25 February 2014, however the new Certificate(s) of Title have not yet been issued.

Upon being notified of the objection received to this development application, the applicant amended the design and the front door now takes access from Castletown Quays, thus rendering the primary street Castletown Quays. Due to the Residential Design Codes dictating that the primary street is based off the facing of the main entrance to the dwelling, this allows the proposed garage to comply with the Primary and Secondary Street Setback requirements for the Residential R20 zone.

The proposed garage does not meet either the Deemed-to-Comply [standards of the Residential Design Codes] or the Design Principles, 5.2.1.

Part 5.2.1 P1 – Setback of garages and carports:

· The setting back of carports and garages to maintain clear sight lines along the street and not to detract from the streetscape or appearance of dwellings; or obstruct views of dwellings from the street and vice versa.

As per 5.2.1 C1.1 of the Residential Design Codes, garages must be setback 4.5 metres from the primary street. This setback may be reduced to 3 metres where the garage allows vehicles to be parked parallel to the street – provided that the wall parallel to the street contains openings (windows).

The original plans submitted with the application showed the garage parallel to Chaplin Street setback 1.97m and with no openings. The applicant provided amended plans on 6 July 2015 which relocated the front door to take access from Castletown Quays. As such, the primary street is now considered Castletown Quays. The garage therefore meets the Deemed-to-Comply standards for the setback of garages.

Under Table 1 of the Residential Design Codes, the minimum setback to secondary streets for lots zoned Residential R20 is 1.5 metres. Chaplin Street is now considered the secondary street and the garage wall setback 1.97 metres is compliant with the Deemed-to-Comply standards for secondary street setbacks.

The verandah, with post, is classed as a wall and needs to meet Table 2b from the R-Codes, this is also currently in breach of the Building Code of Australia, section 3.7 Fire Separation.

Part 5.1.3 P3.1 – Buildings setback from lot boundaries so as to:

· Reduce impacts of building bulk on adjoining properties;

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

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

The verandah in question has already been constructed without approval. An analysis of aerial photography shows the verandah was constructed sometime between February 2013 and January 2014. It is included for retrospective approval as part of this development application.

As per Table 2b of the Residential Design Codes, the prescribed setback for a wall 2.42 metres in height and 9.5 metres in length would be 1.5 metres. In this instance the verandah has a setback of 169mm.

As depicted in the attached photographs, due to the existing high fence line on top of a concrete post-and-panel retaining wall, the verandah does not protrude significantly above the fence and is not considered to appear unduly bulky when viewed from the neighbouring property.

While the verandah may meet the Design Principles of the Residential Design Codes, it is indeed non-compliant with the BCA Volume 2 Part 3.7.1 – Fire Separation and as such will need to be upgraded as part of any building permit issued.

When 4a Chaplin Street extension approvals were granted by Council we had to have a minimum setback of 4.5 metres from Chaplin Street boundary so as not to impact on the neighbours or the integrity of the streetscape, we complied to the satisfaction of our neighbours and Council direction. When considering the application could Council please take into account the impact it will have on the surrounding properties and the integrity of the street alignment with the view to maintaining the status quo as the impact will be considerable.

Part 5.1.2 P2.1 – Buildings set back from street boundaries an appropriate distance to ensure they:

· Contribute to, and are consistent with, an established streetscape;

· Provide adequate privacy and open space for dwellings;

· Accommodate site planning requirements such as parking, landscape and utilities; and

· Allow safety clearances for easements for essential service corridors.

The amended plans received from the Applicant on 6 July 2015 designate Castletown Quays as the primary street, making the proposed garage compliant with the Deemed-to-Comply standards for primary and secondary street setbacks. Objections to the setback of the garage based on Chaplin Street being the primary street are not valid.

It is subjective as to whether there is an established streetscape when there are only six houses on this portion of Chaplin Street – four of which are corner lots – and with no uniformity in building age and front setbacks. The clear defining element of the streetscape is the distinctive Norfolk Island Pine trees which line the wide island verge which runs down the centre of Chaplin Street.

The two-storey dwelling across the road at Lot 11 (41) Castletown Quays is setback 2.37m from Chaplin Street with an eaves setback of 1.5 metres. The subject corner lot has been subdivided and the design changed so the dwelling formally addresses Castletown Quays. The proposed garage setback 1.97 metres would increase the consistency between these two dwellings as the ‘entrance’ to Chaplin Street when viewed from Castletown Quays.

Lastly, the existing thicket of paperbark trees situated in the Shire-owned verge area will shield the impact of the garage on the street and view of the dwelling from the surrounding properties.

Consultation

Advertising of the proposal was required for the adjoining landowners on Lot 4 (4) Chaplin Street, Lot 11 (41) Castletown Quays and Lot 1 (14) Chaplin Street. Letters detailing the variations proposed by the applicant were sent on 15 June 2015.

An objection was received from the owner of Lot 4 (4) Chaplin Street on 22 June 2015.

A non-objection was received from the owner of Lot 11 (41) Castletown Quays on 26 June 2015.

No other consultation was required.

Financial Implications

The fee for this application is $470.

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.	Amended Plans
b.	Site Photographs
c.	Neighbour Objection

Officer’s Recommendation

That Council:

1. Approve a portion of development application 10.2015.2925.1 for Alterations/Additions to a Dwelling at Lot 25 (40) Castletown Quays, Castletown, subject to compliance with the following conditions:

1.1. 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).

1.2. Those buildings/structures indicated on the approved plan as proposed to be removed must be removed from the subject site prior to any occupation of the approved development.

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

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

1.5. 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).

1.6. All street trees located in verge areas adjoining the site shall be retained and protected during the construction process to the specification and satisfaction of the Shire of Esperance (Asset Management Division).

1.7. The existing infrastructure located within the road reserve shall be retained and protected during the construction process period with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division).

1.8. 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.

1.9. 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).

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

1.11. 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.

1.12. The extension and/or alterations shall be in the same materials, colour, and design as the existing building to the satisfaction of the Shire of Esperance (Planning Services).

And the following advice notes:

1.1. 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.

1.2. THIS IS NOT A DEMOLITION PERMIT. An application for a demolition permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to the demolition of any existing building(s) on-site.

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

1.4. 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.

1.5. 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.

1.6. 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.

And;

2. Retrospectively approve a portion of development application 10.2015.2925.1 for a verandah on Lot 25 (40) Castletown Quays, Castletown, subject to compliance with the following conditions:

2.1. 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).

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

2.3. And the following advice notes:

2.4. THIS IS NOT A BUILDING PERMIT. An application for a building approval certificate is required to be submitted and approved by the Shire of Esperance (Building Services).

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

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

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

2.8. 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.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 July 2015 Page 106

Item: 12.1.7

Development Application - Oversized Outbuilding (Shed) - Lot 59 (8) Magistrate Drive, Castletown

Author/s	Jon Creedon	Town Planning Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D15/15184

Applicant

T A King (on behalf of T A & H A King, and P & S G Sullivan)

Location/Address

Lot 59 (8) Magistrate Drive, Castletown

Executive Summary

For Council to consider an application for Planning Approval for a Retrospective Development Application 10.2015.2936.1 for an Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown.

Recommendation in Brief

That Council refuse the Retrospective Development Application 10.2015.2936.1 for an Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown.

Background

Development Application 10.2014.2580.1 for a Dwelling and Outbuilding was received by Planning Services on 13 May 2014. An objection to the proposed development was received on 30 May 2014. Amended plans provided by the applicant on 4 June 2014 were accepted by the objecting adjoining landowner, and the Development Application was approved by Planning Services on 11 June 2014.

On 3 June 2015 the adjoining landowner who made the original objection to the Outbuilding/Verandah advised Planning Services that they believed the shed constructed on the property did not match the agreed amended plans ultimately approved as part of 10.2014.2580.1.

Investigation by the Shire’s Compliance Officer resulted in the applicant being advised of a breach of planning and building conditions on 4 June 2015 noting the following contraventions:

· A wall height to the Outbuilding of 3.65 metres, exceeding the 3.4 metre height approved under DA 10.2014.2580.1;

· A ridge height of 4.355 metres exceeding the 4.105 metre height approved under DA 10.2014.2580.1; and

· The installation of a toilet structure within the shed and a partially completed steel-framed mezzanine floor.

Development Application 10.2015.2936.1 for retrospective planning approval of the Outbuilding was received by Planning Services on 9 June 2015. An objection to the development was received on 30 June 2015.

The subject lot is 813 square metres in size and is accessed from Magistrate Drive. The Outbuilding is accessed from Hastings Crescent. The zoning of the property is ‘Residential R20’ under Local Planning Scheme No. 23.

Plans with accurate dimensions of how the Outbuilding has been constructed are included in Attachment A. Photographs of the Outbuilding are included in Attachment B.

Officer’s Comment

The Outbuilding has been constructed with an area of 75.66m², and verandah with an area of 52.36m². This is a variation from the original approval which specified 64m² as the area of both sections of the building. It should be noted that the building does not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings as it exceed the maximum 10% site area requirement.

The total area of the Outbuilding is 128.004m², exceeding the maximum 81.3m² area permitted for a lot of this size by 57%.

A letter received from the original applicant (Wells Building Designers and Consultants) dated 22 May 2014 providing justification for the variations in height and overall area of the building states:

“In regards to the overall area of the shed and the verandah we believe that even though both elements are under the same roof construction, their uses are completely separate. The shed will ultimately be used for storage and the verandah is proposed to be used as an additional outdoor living space. The main residence is proposed to have an attached smaller alfresco but due to Esperance’s prevailing SE sea breezes during summer the clients wanted to achieve additional undercover outdoor living space separate from the main dwelling that would be prospected from the elements.”

The structure does not comply with the height provisions of Local Planning Policy – Outbuildings and the provisions of the Residential Design Codes for setbacks from boundaries.

As the reduced rear and side setbacks are consistent with those originally approved on DA 10.2014.2580.1, comment for this application was sought based on:

· A wall height of 3.65 metres exceeding the 3 metres provided for under the Outbuildings Policy; and

· A ridge height of 4.355 metres exceeding the 4.2 metres provided for under the Outbuildings Policy.

The neighbouring landowner objected on the following grounds:

Objection	Design Principles	Officer’s Comment
The constructed outbuilding is not in accordance with the compromised plans that were approved under the original approval.	N/A	The non compliance with the original approval has resulted in the proponent seeking retrospective approval which is the subject of the item.
Possibility of having an unsalable block due to the oversized and over length structure adjoining the northern front section of the lot facing the road. At the very least we may have to offer a discount to any intending purchaser.	N/A	Impact on property values is not a valid planning consideration.
In addition to our objection to the wall height we also object to the size of the shed and what should be a verandah being 128m² in size as it is well over the 10% of block area allowed under the R-Codes. The original consent to a verandah was that it could not be partially or fully enclosed and the current structure disregards this condition.	Part 5.1.3 P3.1 – Buildings setback from lot boundaries so as to: · Reduce impacts of building bulk on adjoining properties; · Provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and · Minimise the extent of overlooking and resultant loss of privacy on adjoining properties. Part 5.4.3 P3 – Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties.	The total area of the Outbuilding is 128.004m², exceeding the maximum 81.3m² area permitted for a lot of this size by 57%. The building does not comply with the height provisions of the Outbuildings Policy. The wall height at 3.65 metres, while non-compliant with the Deemed-to-Comply standards, at 155mm is not considered excessively above the 3.4 metres approved under DA 10.2014.2580.1. The ridge height of 4.355 metres, while also non-compliant with the Deemed-to-Comply standards, at 155mm is also not considered excessively above the 4.2 metre maximum permitted under the Outbuildings Policy. Without an existing dwelling on the neighbouring property it is difficult to determine the level of future impact from the Outbuilding on Lot 61 (17) Hastings Crescent. Access to sun and ventilation will still be achievable on Lot 61 (17) Hastings Crescent with the right design. As there are no openings proposed on the Outbuilding, the reduced setback does not result in an overlooking issue. The original approved plans depict the verandah as open and do not show the 1.2 metres of Colorbond sheeting included on the present plans and which partially enclose the verandah. The Residential Design Codes defines a wall as “the vertical external face of a constructed building comprising solid building material and including enclosures to verandahs and balconies”. There is a gap of 0.65 metres between the cladding and the fence and although it does have bulk it cannot be construed as a solid wall. The attached photographs show a mezzanine floor that has commenced construction in the roof space of the verandah. This was not shown on the original approval. This increases the overall bulk of the building when viewed from the rear and side adjoining properties. A wall height of 3.65 metres and pitch height of 4.335 metres could also be considered excessive for an outdoor living area.

Options

Option 1

Retrospectively grant approval to development application 10.2015.2936.1.

That Council retrospectively approve development application 10.2015.2936.1 for an Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown, subject to compliance with 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 approved Outbuilding (Shed) shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses.

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

4. 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. THIS IS NOT A BUILDING PERMIT. An application for a building approval certificate is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any further works being undertaken 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.

Option 2

Refuse to grant approval to development application 10.2015.2936.1.

That Council refuse development application 10.2015.2936.1 for an Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown, for the following reason:

1. The proposal is inconsistent with the provisions of the Shire of Esperance’s Local Planning Policy: Outbuildings, namely it exceeds:

· Maximum area of outbuilding(s) per lot:

o 10% of site area where lot 1000m² or less;

· Maximum wall height – 3.0 metres

· Maximum ridge height – 4.2 metres

This option is the officer’s recommendation as the outbuilding has been constructed contrary to the original approval which was a negotiated outcome and the structure itself is significantly outside of the acceptable development requirements of the Local Planning Policy: Outbuildings.

Consultation

A non-objection from the owners of Lot (56) 16 Hastings Crescent, Lot 57 (18) Hastings Crescent, Lot 58 (20) Hastings Crescent and Lot 60 (6) Magistrate Drive was received with the application. One objection was received from the owner of Lot 61 (17) Hastings Crescent on 29 June 2015.

No other consultation was required.

Financial Implications

The fee for this application is $441.

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

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.	Plans
b.	Site Photographs
c.	Neighbour Objection

Officer’s Recommendation

That Council refuse development application 10.2015.2936.1 for an Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown, for the following reason:

1. The proposal is inconsistent with the provisions of the Shire of Esperance’s Local Planning Policy: Outbuildings, namely it exceeds:

· Maximum area of outbuilding(s) per lot:

- 10% of site area where lot 1000m² or less;

· Maximum wall height – 3.0 metres

· Maximum ridge height – 4.2 metres

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 July 2015 Page 119

Item: 12.1.8

Development Application - Oversized Outbuilding (Shed) - Lot 212 (73) Walmsley Street, Bandy Creek

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

File Ref: D15/15272

Applicant

G.J. Gardner Home on behalf of J & K Currie

Location/Address

Lot 212 (73) Walmsley Street, Bandy Creek

Executive Summary

For Council to consider Development Application 10.2015.2927.2 for an oversized Outbuilding (Shed) at Lot 212 (73) Walmsley Street, Bandy Creek.

Recommendation in Brief

That Council refuse development application 10.2015.2927.2 for an Oversized Outbuilding (Shed) at Lot 212 (73) Walmsley Street, Bandy Creek.

Background

An application for planning approval for an oversized Outbuilding (Shed) on Lot 212 (73) Walmsley Street, Bandy Creek, was received by Planning Services on 18 June 2015. When the applicant was advised that the application would require referral to the adjoining landowners, the applicant opted to approach the adjoining landowners themselves. Subsequently two objections to the proposal were provided to Planning Services from both of the adjoining landowners.

The applicant requested that the applicant be put to Council for determination after mediation between the applicant and the adjoining landowners failed to provide a solution satisfactory to both parties.

The subject land is 1143 square metres in size and is zoned Residential R12.5 under Local Planning Scheme No. 23 and as such falls under the provisions of the Residential Design Codes. The primary provision of the Residential Design Codes that impact on the proposal is the setback requirements of:

· 1.5 metres to the northern boundary for a wall of 12 metres in length and less than 5 metres in height.

· 1 metre to the western boundary for a wall of 8 metres in length and less than 5 metres in height.

In this instance the applicant proposes the following:

· 1 metres to the northern boundary for a wall of 12 metres in length and less than 5 metres in height.

· 1 metre to the western boundary for a wall of 8 metres in length and less than 5 metres in height.

The subject land is also affected by Special Control Area 2B – Flinders Estate, of which the only applicable provisions for Outbuildings are:

· 6.4.6(c) - No garage, carports, sheds, balconies, verandahs or the like shall extend into the street setback area;

· 6.4.8(a) – The vertical distance at any point from natural ground level to the uppermost part of the building above that point (roof ridge, parapet, or wall) shall be no higher than eight (8) metres; and

· 6.4.8(b) – Natural ground level shall be deemed to be the finished ground level established as part of the subdivision of the land preceding development.

The proposed Outbuilding (Shed) is also affected by Local Planning Policy: Outbuildings which applies the following criteria to Outbuildings in the Residential zone:

· A maximum site area for Outbuildings of 100 square metres where the lot is greater than 1,000 square metres;

· A maximum wall height of 3.0 metres; and

· A maximum ridge height of 4.2 metres.

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

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

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

Officer’s Comment

The landowner of Lot 213 (39) Thistle Avenue objected on the following grounds:

Objection	Design Principles	Officer’s Comment
It will block existing sunlight to our ensuite bathroom – which still has ongoing problems from when we built	5.4.2 Solar access for adjoining sites P2.1 – Effective solar access fro the proposed development and protection of the solar access P2.2 – Development designed to protect solar access for neighbouring properties taking account the potential to overshadowing existing: · Outdoor Living Areas · North facing major openings to habitable rooms, within 15 degrees of the north in each direct; or · Roof mounted solar collectors	Under the Overshadowing provisions of the Residential Design Codes, the maximum amount of overshadowing permitted on a lot zoned R25 or lower is 25% with measurements taking at midday on 21 June, in this instance as Lot 213 Thistle Avenue is located to the north-north-west of the property there will be no overshadowing of Lot 213 Thistle Avenue as a result of the proposal as the shadows from the sun will extend to the south of the proposed development.
It will block the sea breeze in Summer	5.1.3 Lot boundary setback P3.1 Buildings set back from lot boundaries so as to: · reduce impacts of building bulk on adjoining properties; · provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and · minimise the extent of overlooking and resultant loss of privacy on adjoining properties.	It is noted that the proposed Outbuilding (Shed) will be setback 1 metre from the common boundary, this is combined with a 1.5 metre boundary setback for the existing dwelling on Lot 213 Thistle Avenue. These setbacks will allow for adequate ventilation to both properties.
The height of the shed.	As per Local Planning Policy: Outbuildings, the maximum heights for Outbuildings in the Residential zone are: · A maximum wall height of 3.0 metres; and · A maximum ridge height of 4.2 metres.	It is noted that the proposed Outbuilding height are: · A maximum wall height of 4.0 metres; and · A maximum ridge height of 4.8 metres. These measurements exceed the provisions of Local Planning Policy: Outbuildings.

The owner of Lot 120 (71) Walmsley Street objected to the proposal on the following grounds:

Objection	Design Principles	Officer’s Comment
Construction does not meet/exceeds the Residential Design Code for setback, height and area guidelines for this type of building. Height and Area of the shed exceeds guidelines by more than 20% at 4.80 metres and 96 square metres.	It is noted that in this instance that the provisions of Local Planning Policy: Outbuildings overrides the Residential Design Code criteria, applying · A maximum site area for Outbuildings of 100 square metres where the lot is greater than 1,000 square metres; · A maximum wall height of 3.0 metres; and · A maximum ridge height of 4.2 metres.	It is noted that the proposed Outbuilding height are: · A maximum wall height of 4.0 metres; and · A maximum ridge height of 4.8 metres. These measurements exceed the provisions of Local Planning Policy: Outbuildings. In regards to the site area, the proposed Outbuilding is to occupy 96 square metres of the site, which complies with the maximum site area of 100 square metres under Local Planning Policy: Outbuildings.
Early rising north winter sun will be blocked significantly.	5.4.2 Solar access for adjoining sites P2.1 – Effective solar access fro the proposed development and protection of the solar access P2.2 – Development designed to protect solar access for neighbouring properties taking account the potential to overshadowing existing: · Outdoor Living Areas · North facing major openings to habitable rooms, within 15 degrees of the north in each direct; or · Roof mounted solar collectors	Not a valid concern in this instance as overshadowing provisions under the Residential Design Codes apply to midday (June 21), not the late afternoon, and the subject property and proposed development are located east-north-east of the objectors property.
Potential to alter the 6 Star Energy Rating to our dwelling	No relevant provisions.	This is not a relevant planning consideration under the Residential Design Codes.
Negative shadow imprint cast over out property	5.4.2 Solar access for adjoining sites P2.1 – Effective solar access fro the proposed development and protection of the solar access P2.2 – Development designed to protect solar access for neighbouring properties taking account the potential to overshadowing existing: · Outdoor Living Areas · North facing major openings to habitable rooms, within 15 degrees of the north in each direct; or · Roof mounted solar collectors	Not a valid concern in this instance as overshadowing provisions under the Residential Design Codes apply to midday (June 21), not the late afternoon, and the subject property and proposed development are located east-north-east of the objectors property. Development as proposed would create less than 25% overshadowing which complies with the Acceptable Development criteria of the Residential Design Code.
Setting a precedence for further construction of oversized buildings in Flinders subdivision.	No relevant provisions	There is a possibility that the proposal will either set a precedent or encourage other landowners to apply for other oversized Outbuildings. While it is acknowledged that many landowners possess large boats or caravans that cannot fit in Outbuildings constructed in compliance with planning requirements, further consideration may need to be given to how oversized Outbuildings are dealt with in the Residential zone.
Diminishing the aesthetic and general outlook from the neighbouring properties.	5.4.3 Outbuildings P3 Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties.	It is noted that this type of oversized Outbuilding does have a varying impact both on streetscape and on neighbouring properties, depending on the specific circumstances of the development. In this case as the proposal is in close proximity to the adjoining properties, there will be a significant visual amenity impact on the adjoining properties. Due to the distance to the road reserves, there will be a lesser impact on the streetscape, however this will still be significant due to the size of the proposed Outbuilding (Shed). The previously approved Single Dwelling on the property may minimise the impact of the Outbuilding on the streetscape due to the height of the dwelling (5.818 metres) being significantly higher than the Outbuilding.

The applicant has provided a justification for the Oversized Outbuilding which is attached as Attachment B.

Options:

Option 1: That Council approve Development Application 10.2015.2927.2 for an Oversized Outbuilding (Shed) at Lot 212 (73) Walmsley Street, Bandy Creek, subject to conditions.

That Council approve Development Application 10.2015.2927.2 for an Oversized Outbuilding (Shed) at Lot 212 (73) Walmsley Street, Bandy Creek, subject to the following conditions:

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

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

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

4. 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).

5. The existing infrastructure located within the road reserve shall be retained and protected during the construction process period with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division).

6. 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.

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

8. 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).

9. 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.

10. The proposed development shall be clad or coloured to complement either the surroundings in which it is located or adjoining developments.

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

And the following advice notes:

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

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

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.

Option 2: That Council refuse Development Application 10.2015.2927.2 for an Oversized Outbuilding (Shed) at Lot 212 (73) Walmsley Street, Bandy Creek for non-compliance with the Residential Design Codes and Local Planning Policy: Outbuildings.

That Council refuse development application 10.2015.2927.2 for an Oversized Outbuilding (Shed) at Lot 212 (73) Walmsley Street, Bandy Creek, for the following reason:

1. The proposal is inconsistent with the provisions of the Shire of Esperance’s Local Planning Policy: Outbuildings, namely it exceeds:

· Maximum wall height – 3.0 metres

· Maximum ridge height – 4.2 metres

This option is the officer’s recommendation as the outbuilding is significantly outside of the acceptable development requirements of the Local Planning Policy: Outbuildings.

Consultation

In lieu of adjoining landowner referrals being undertaken by Shire staff, the applicant sought comment from the neighbouring landowners and forwarded those objections on to Planning Services. Two objections were received.

Financial Implications

The fee for this application is $73.50.

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

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.	Plans
b.	Justification
c.	Objection from Lot 213 Thistle Avenue
d .	Objection from Lot 120 Walmsley Street

Officer’s Recommendation

That Council refuse development application 10.2015.2927.2 for an Oversized Outbuilding (Shed) at Lot 212 (73) Walmsley Street, Bandy Creek, for the following reason:

1. The proposal is inconsistent with the provisions of the Shire of Esperance’s Local Planning Policy: Outbuildings, namely it exceeds:

· Maximum wall height – 3.0 metres

· Maximum ridge height – 4.2 metres

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 July 2015 Page 130

Item: 12.1.9

Development Application - Additions and/or Alterations to the Pier Hotel - Lot 22 (47) The Esplanade, Esperance

Author/s	Peter Wilks	Town Planning Officer
Authorisor/s	Terry Sargent	Director External Services

File Ref: D15/15411

Applicant

Lewis Lewis Properties Pty Ltd

Location/Address

Lot 22 (47) The Esplanade, Esperance

Executive Summary

That Council consider development application 10.2012.2102.1 for Additions and/or Alterations to the Pier Hotel on Lot 22 (47) The Esplanade, Esperance, subject to conditions.

Recommendation in Brief

That Council resolve to approve development application 10.2012.2102.1 for Additions and/or Alterations to the Pier Hotel on Lot 22 (47) The Esplanade, Esperance, subject to conditions.

Background

An application was received by Planning Services for Additions and/or Alterations to the Pier Hotel on Lot 22 (47) The Esplanade, Esperance on 19 October 2012. Referrals were subsequently undertaken to the Western Australian Police and the Department of Racing, Gaming and Liquor on 20 November 2012. The Department of Racing Gaming and Liquor advised that in accordance with the Liquor Control Act 1988 that Shire Approval was necessary in addition to any and all approvals issued by the Department of Racing Gaming and Liquor.

The application proposes a number of modifications to the Pier Hotel including the following:

· Rearrangement of the interior of the Pier Hotel;

· Removal of two accommodation units located behind the Office/Reception area next to the vehicle entrance to the property;

· Relocation of the existing toilets near the lounge/office area to the nightclub area, with the area previously used for toilets being added to the lounge;

· Relocation of the existing toilets near the Sports Bar into a new area where previously a workshop was located, with the area previously being used for toilets being added to the sports bar;

· Modifications to the existing single bedroom dwelling on the second storey, including 217 square metres of additions to the second storey featuring three additional bedrooms, bathroom, lift and family room;

· Modifications to the frontage of the building and signage.

The addition of a new cool room and storage room to the bottleshop are not part of this application despite being made on the plans, and will be subject to another application for planning approval should the proposed road closure of a portion of the unnamed road reserve be approved by the Department of Lands.

During assessment of the item a number of other issues were identified on site the most significant of which were:

· An unauthorised connection to the Shire’s storm water drainage system in the adjoining unnamed road reserve to the south-west of the Pier Hotel;

· The fact that a previously approved wall along the unnamed road reserve to the south-west of the Pier Hotel had been partially built into the road reserve.

Further information was subsequently requested on 9 January 2013, 1 February 2013, 29 April 2013, 1 July 2013, and 4 November 2014.

Information has since been received that satisfies the requirements of Planning Services in regards to the application. A drainage plan for the discharge of storm water from the site into the Shire’s storm water system has since been approved by Asset Management.

An application for the partial closure of the Unnamed Road Reserve has also been received and initiated by Council at the Ordinary Council Meeting on 28 April 2015, which was deemed to fulfill the last outstanding item from the Further Information Requests and allowed the application to proceed. It should be noted that the section of the development subject to the road closure has been excluded from this development approval and will be the subject of a separate approval process if the road closure proceeds.

This item was originally sent before Council at its Ordinary Council Meeting held on 23 June 2015, where it was resolved (0615-040):

That the matter regarding Development Application 10.2012.2102.1 lay on the table until July

2015.

The deferral of this item has allowed the provision of car parking for the site to be more fully assessed and recommendation made as to how to deal with the identified shortfall in parking bays.

Officer’s Comment

The proposed development (excluding the portion subject of the road closure) is largely for the internal reconfiguration of the premises. There are minor extensions to the premises for new amenity facilities. As the proposal is largely for interior modifications, Planning Services does not have any objection to the proposal being approved.

Assessment of car parking on the basis of occupancy of the building was not possible due to their being no occupancy limit applied to the Pier Hotel. The Pier Hotel will be required to apply for all applicable Health Approvals which will include the application of a maximum occupancy to the building under the Maximum Accommodations Approval required the Public Building Regulations 1992.

Rather than have a determination made under delegated authority, Development application 10.2012.2102.1 for Additions and/or Alterations to the Pier Hotel on Lot 22 (47) The Esplanade, Esperance is being referred to Council due to the level of alterations being proposed within by the applicant.

There are sections of the Pier Hotel subject to an ongoing partial road closure along the south-western boundary which do not form part of this application and will require either a separate Application for Planning Approval if the road closure goes through, or a Demolition Permit if the Road Closure process is later refused.

In accordance with State Planning Policy 2.6 – State Coastal Planning Policy a condition is being applied to recognise that the development is in a potential coastal inundation area. This will be in the form a Section 70A notification stating:

VULNERABLE COASTAL AREA – This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

Options for Car Parking:

Following Council’s decision to return the item to Planning Officers at the Ordinary Council Meeting in June, an in-depth analysis of the car parking requirement for the Pier Hotel has been carried out in accordance with the car parking requirements of Local Planning Scheme No. 23 and the Residential Design Codes.

The final figures indicate that the Pier Hotel requires 176 car parking spaces under Local Planning Scheme No. 23, which is reduced to 88 car parking bays when the 50% reduction under the Commercial Strategy is applied.

The Car Parking Plan (Attachment B) indicates that there is enough space on site for 37 car parking bays. There are 51 car parking bays in the road reserve for The Esplanade that are largely utilised by Pier Hotel patrons, however there is no formal arrangement for the use of these bays by the Pier Hotel. Following discussions between Shire staff and the proprietor, Mr Matthew Lewis, it has been determined that there are three potential options relating to the provision of car parking.

Option 1: Require only the 37 car parking bays proposed on site, and waive the requirement for the other 51 car parking bays. This option would require the deletion of condition 5 of the proposed conditions of approval.

Option 2: Require payment of cash-in-lieu for the 51 car parking bays not provided on-site. This would require the following condition to be inserted into the recommendation and condition 5 would need to be removed.

5. Prior to the issuance of a building permit, a cash in lieu contribution for the shortfall of 51 parking bays on site is to be paid to the Shire of Esperance. The value of the contribution must be determined by the Valuer General or a licensed valuer appointed by the Shire of Esperance. All costs associated with the valuation and execution shall be borne by the applicant/landowner and payable to the Shire of Esperance on demand.

Shire staff have estimated that, based on the valuations used for the Town Centre Revitalisation Master Plan, that Cash-in-Lieu for 51 car parking bays with dimensions of 2.5 metres by 8.5 metres (as per Clause 5.11.2(d) of LPS 23) at a rate of $700 dollars per square metre (as per the Town Centre Revitalisation Master Plan) plus $2,500 in construction costs per bay as stipulated in the adopted Schedule of Fees and Charges would equate to a total value of approximately $17,375 per bay (Total cost for 51 bays is $886,125). This figure is approximate as the most recent land valuations being several years old and as such may end up being higher or lower with the final figure being determined by a the Valuer General or a licensed valuer appointed by the Shire of Esperance.

Option 3: Require payment of a yearly fee for the use of 51 car parking bays in the road reserve adjoining The Esplanade that are regularly utilised by Pier Hotel patrons and staff.

5. Prior to the issuance of a building permit, an application for a Deed of Licence over a portion of The Esplanade consisting of 51 parking bays and associated trafficable areas. The fee for the Deed of Licence will 3.99% of the valuation and cost of construction (as specified in the Schedule of Fees and Charges) for 51 parking bays with the dimension of 2.5 metres by 8.5 metres. The valuation is to be determined by the Valuer General or a licensed valuer appointed by the Shire of Esperance. The Licence will be non exclusive.

This is the officer’s recommendation.

It is recognised that the size of the required cash-in-lieu contribution would be detrimental to the chances of the redevelopment occurring. As a result Shire staff have investigated the potential for a Deed of Licence to be made with the Pier Hotel for 51 of the car parking bays in the road reserve for The Esplanade. Based initially on the total value of each bay being $17,375 (as previously established and subject to the same caveats) and considering that a rate of return of 6% would be appropriate in this instance it is estimated that, based on the opening hours of the Pier Hotel and regular business hours that 66.5% of the time it is likely that there is public usage in associated with other businesses or activities.

Local Planning Policy: Reciprocal Car Parking states:

Where different land uses on a property are proposed that have different operating hours (e.g. nightclub and office development), consideration may be given to approving reciprocal arrangements for car parking having regard to the different car parking demand requirements. Agreement to such arrangements may require the parties to the reciprocal arrangement to enter into an appropriate agreement to which Council is the controlling party.

Based on this 33.5% of the parking could be considered to meet the intent of this Policy.

Using a base rate of return of 6% the resultant rate of return would be 3.99% (6 multiplied by 0.665)

3.99% of ($17,375x 51) = $35,356 per annum

Due to the general nature of this valuation it is suggested that a new valuation be sought as a condition should this option be selected by Council to establish the correct value of the annual charge for the Deed of Licence.

It should be noted that the use of a Licence and the fact that it will be non exclusive means that the provisions of Section 3.58 of the Local Government Act and the associated procedures do not apply.

Consultation

The application was referred to the Western Australian Police and the Department of Racing, Gaming and Liquor. No objections were raised to the application.

Financial Implications

The fee for this application is $2,268.

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 23

Planning and Development Act 2005

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.	Development Application - Plans
b.	Car Parking Plan

Officer’s Recommendation

That Council approve Development Application 10.2012.2102.1 for Additions and/or Alterations to the Pier Hotel at Lot 22 (47) The Esplanade, Esperance, 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), excluding those areas marked as Deleted from this Application and unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. All stormwater is to be either retained on-site or discharged into the Shire Stormwater Drainage System in accordance with the approved Drainage Plan.

3. The existing infrastructure located within the road reserve shall be retained and protected during the construction process period with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division).

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

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

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

9. 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).

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.

12. The materials to be used on the external surfaces of the proposed extension to the building shall complement the existing building’s materials used in the construction of the existing building to the satisfaction of the Shire of Esperance (Planning Services).

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

14. A Section 70A Notification under the Transfer of Land Act 1893 (as amended) must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and successors in title that:

VULNERABLE COASTAL AREA – This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

The Section 70A Notification is to be registered on the Certificate of Title prior to the issuance of a building permit, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense.

15. Signs shall be kept clean and maintained free of dilapidation at all times to the satisfaction of the Shire of Esperance (Planning Services).

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.

5. 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.

6. 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.

7. The proposed development is satisfactory to Council's Environmental Health Services Section subject to compliance with the following legislation (as amended):-

a) Health Act 1911

b) Occupational Health, Safety and Welfare Regulations 1988

c) Sewerage (Lighting, Ventilation & Construction) Regulations 1971

d) Shire of Esperance (Health) Local Laws

e) Metropolitan Water Supply, Sewerage and Drainage Bylaws 1981

f) Environmental Protection (Noise) Regulations 1997

g) Health (Public Buildings) Regulations 1992

h) Health Act (Carbon Monoxide) Regulations 1975

i) Liquor Licensing Act 1988

j) Health (Food Hygiene) Regulations 2009

8. The premises to be ventilated in accordance with Australian Standard AS1668 Part 2 1991 - "Mechanical Ventilation for Acceptable Air Quality".

9. The male and female water closets, and communicating airlocks, to be provided with a ceiling vent, bellmouth and flume to outside air;

Mechanically ventilate the water closet compartments directly to the open air, via flume(s), ducting over cavity or window/wall mounted fans.

10. Separate sanitary conveniences to be provided for staff of each sex, as well as patrons of each sex, in accordance with the provisions of Table F2.3 of the Building Code of Australia (as amended).

11. The construction and layout of sanitary compartments, showers and compartments containing wash basins for use by people with disabilities must comply with AS 1428.1.

12. Baths and showers for disabled -

a) one shower or shower - bath for each 10 or part thereof normally required but not less than one for use by both sexes; and

b) where required showers are provided one must comply with AS 1428 - 1 Shower Recesses and Circulation Spaces for Shower Access.

In all cases, facilities for females must include adequate means for the disposal of sanitary towels.

13. Air-handling system, water system or cooling tower shall be designed and installed in accordance with the Health (Air-handling and Water Systems) Regulations 1994 and Australian Standard 3666 entitled "Air-handling and water systems of buildings - Microbial Control"

14. The air-handling system, water system or cooling tower is to be approved in writing by the Shire of Esperance Environmental Health Services Section prior to installation. This approval will not be issued unless the air-handling system, water system or cooling tower is certified, in writing, by a practising Mechanical Engineer to be in compliance with the Health (Air-handling and Water Systems) Regulations 1994 and Australian Standards 3666.

15. It is recommended that an Acoustic Consultant be engaged in the sound proofing design aspect before any work is carried out.

16. Prior to the installation of refrigeration and ventilation equipment, the manufacturer's rated noise levels are to be submitted to and approved by the Council and immediately following the installation and commissioning of the equipment, the applicant is to supply to the Council the results of a certified test of the noise level of in-service performance.

17. As it is intended to use the premises as a "public building" as defined in Section 173 of the Health Act 1911 (as amended)(from 1 April 1992), it is necessary to make application for a Certificate of Approval from the Shire of Esperance Environmental Health Services Section before commencing use as a public building.

18. An authorised licensed electrical contractor is to certify that all electrical work of the public building conforms to the relevant provisions of the Health (Public Buildings) Regulations 1992 (as amended), the Building Regulations and the Electricity (Licensing) Regulations 1991.

19. All public building exits shall be marked with an "EXIT" sign that conforms with Australian Standard 2293.

20. It is recommended that the internal side of every exit door have painted on it, in capital letters not less than 100mm in height, the words "EXIT DOOR - DO NOT OBSTRUCT".

21. Provide a notice on the external side of any emergency exit which abuts a road, thoroughfare, passageway, lane or right-of-way bearing the words "EMERGENCY EXIT" in letters not less than 100mm high and 12mm wide.

22. Where an exit or passage does not provide a clear means of egress from a public building the exit or passage shall be marked with a "NO ESCAPE" sign in letters not less than 100mm high and 12mm wide.

23. Approved illuminated directional exit signs to be provided in those portions of the public building where the emergency exits are not clearly visible to the public.

24. Emergency lighting shall be provided in a public building in accordance with Building Regulations and Australian Standard 2293 - "Emergency Evacuation Lighting in Buildings" Part 1 and 2.

25. Except where sliding exit doors are provided exit doors in any public building that is intended to accommodate 400 persons or more shall be fitted with:

a) automatic panic bolts;

b) where the exit doors are double leafed, a rim lock or other type of lock on the second leaf so that when the panic bolt is released on the first leaf both leaves open freely in the direction of egress.

26. An Emergency Evacuation plan to be prepared and submitted to the Council's Environmental Health Services Section prior to the opening of the premises. The plan is to comply with Australian Standard 3745 "Emergency Control Organisation and Procedures for Buildings" and the West Australian Fire Brigade requirements (contact Mr. Neil Brownrigg, telephone 9323 9300). The plan is to encompass all aspects of safe evacuation during an emergency, including co-ordination and directions for occupant escape, communications, rescue and fire control procedures.

27. The owner/occupier of the public building shall ensure that all fire alarms, hydrants, telephones and other fittings and appliances necessary for the prevention or extinguishment of fires are maintained in efficient working order.

28. The internal wall surfaces must -

a) be smooth, durable, resistant to corrosion, non-toxic, impervious to water and non-absorbent;

b) be free from cracks, crevices and other defects;

c) be finished in light colour; and

d) not have any skirting, picture rail, architrave, cover strip or other moulding fitted to it.

29. A ledge or window sill in a food preparation area must -

a) be at least 300 mm above the top of any bench or appliance where splashing or soiling is likely to occur; and

b) be splayed downwards at an angle of 45 degrees from the horizontal and all edges rounded to smooth surfaces.

30. The floor in the food preparation area must be evenly graded to a trapped 100 mm diameter industrial floor waste(s) i.e. bucket trap, and connected to an approved waste disposal system.

31. The junctions between the floor and walls or other vertical surface must be coved to a radius of 9.5 mm and firmly supported..

32. The ceiling surfaces in the food handling areas must -

a) be smooth, durable, resistant to corrosion, non-toxic and impervious to water;

b) be free from cracks, crevices and other defects and have a sectional profile which does not permit the accumulation o f dust, dirt or grease, and is easily cleaned; and

c) be finished in light colours.

33. The junctions of walls and ceilings must be sealed.

34. Exposed drainage pipes or openings for the inspection or cleaning of the drainage pipes must not be installed in food premises and food vehicles.

35. Legs and brackets must be -

a) made of smooth, corrosion resistant material in which the ends of tubular material used are closed and sealed;

b) easily cleaned; and

c) constructed so that there is a space -

i. of no less than 150 mm between the floor and the underside of the appliance; and

ii. a clear space of no less than 75 mm between the adjacent wall or other vertical surface and the legs.

36. Shelving in the food premises must -

a) be smooth, non-absorbent and free from open joints, cracks and crevices;

b) be kept at least 40 mm clear of the walls, unless they are backless and affixed to the wall; and

c) have the lowest shelf not less than 150 mm above the floor.

37. Kitchen exhaust canopies must be constructed and installed in compliance with the requirements of Australian Standards 1668.2 - 1991, entitled the "The use of mechanical ventilation and air-conditioning in building".

a) Stoves and cooking equipment to be provided with an kitchen exhaust hood of approved design and construction.

b) Plans and specifications of the hood and ventilating system to be submitted to Council for approval prior to fabrication and installation.

38. Coolroom and freezers must be designed and constructed so that -

a) all internal angles between the walls or other vertical surfaces and floors are coved to a radius of 9.5 mm;

b) the condensate from evaporative units in a coolroom/freezer are collected and discharged into a floor waste/drainage system, via a trapped tundish, located outside the coolroom.

c) any racks, shelves or similar supports are constructed of corrosion resistant, smooth and easily cleanable non-absorbent materials;

d) all doors are -

i. fitted with a rubber or similar seal which effectively prevents the escape of cold air or the entry of warm air when the door is closed; and

ii. capable of being opened from the inside at all times; and

39. All hand basins and sinks in the kitchen, dishwashing, bar and servery areas to be connected to an adequate constant piped supply of hot and cold water.

40. Shelving in the food premises must -

a) be smooth, non-absorbent and free from open joints, cracks and crevices;

b) be kept at least 40 mm clear of the walls, unless they are backless and affixed to the wall; and

c) have the lowest shelf not less than 150 mm above the floor.

41. Kitchen exhaust canopies must be constructed and installed in compliance with the requirements of Australian Standards 1668.2 - 1991, entitled the "The use of mechanical ventilation and air-conditioning in building".

a) Stoves and cooking equipment to be provided with an kitchen exhaust hood of approved design and construction.

b) Plans and specifications of the hood and ventilating system to be submitted to Council for approval prior to fabrication and installation.

42. Coolroom and freezers must be designed and constructed so that -

a) all internal angles between the walls or other vertical surfaces and floors are coved to a radius of 9.5 mm;

b) the condensate from evaporative units in a coolroom/freezer are collected and discharged into a floor waste/drainage system, via a trapped tundish, located outside the coolroom.

c) any racks, shelves or similar supports are constructed of corrosion resistant, smooth and easily cleanable non-absorbent materials;

d) all doors are -

i. fitted with a rubber or similar seal which effectively prevents the escape of cold air or the entry of warm air when the door is closed; and

ii. capable of being opened from the inside at all times; and

43. All hand basins and sinks in the kitchen, dishwashing, bar and servery areas to be connected to an adequate constant piped supply of hot and cold water.

44. Provide soap and paper towel dispenser above all hand basins.

45. All service pipes and conduits must be sealed into the walls or fixed in brackets to provide a 16 mm clearance between the wall and the pipe.

46. All service pipes to be kept not less than 75 mm clear of the floor and not laid along the intersections of walls and floor, floor and plinth, wall to wall or wall to ceiling.

47. Provide diffusers to lighting in food preparation areas, coolroom and refrigerated display units.

48. Store room to be provided with coving to all floor/wall junctions.

a) The grease trap is not to be installed in the kitchen or the food preparation area. The grease trap is to be situated outside the food handling premises.

b) Any installation of a grease trap within the premises shall be subject to the following conditions:

i. approval for the installation shall be obtained from the Council and Water Corporation of WA. (Trade Waste Section).

ii. the trap shall be constructed of solid impervious materials sealed to prevent the escape of odours;

iii. the door shall be fitted with a gasket to provide a seal when closed; and

iv. independent access to the trap for cleaning purposes shall be provided.

49. Separate sanitary conveniences, constructed in accordance with the Metropolitan Water Supply, Sewerage and Drainage Board By-Laws and the Sewerage (Lighting, Ventilation and Construction) Regulations 1971, to be provided in the food premises.

a) for staff of each sex namely:

Male: WC.(s) Hand Basin(s) m Urinal(s)

Female: WC.(s) Hand Basin(s)

b) for patrons of each sex namely:

Male: WC.(s) Hand Basin(s) m Urinal(s)

Female: WC.(s) Hand Basin(s)

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 July 2015 Page 306

Building Licences

Approval Licence Name & Address of Owner Builder Name & Address Reg No Situation of Building Type of Work Type of Building Materials Roof Main No of Floor Cost $

Date Number of External Covering Material of Buildings Area Excluding

Walls Floor Sq.M Land

22/06/2015 15892 Wrinkly Tin & Cladding Company Lot: 284 Pln: 69443 New Building Garage/Shed Steel Steel Concrete 1 63.0 15,000.00

Pty Ltd 3 Hillier Avenue

3 Corry Street BANDY CREEK

ESPERANCE WA 6450

29/06/2015 15948 M J Polmear Lot: 9 D: 38443 Alterations Dwelling ‑ Single Other Steel Concrete 1 48.0 20,000.00

Lot 9 Quarry Road 198 Quarry Road

MYRUP WA 6450 MYRUP

22/06/2015 15954 J D Robbs Lot: 164 Pln: 13534 New Building Carport Timber Steel Concrete 1 34.0 8,000.00

2 Albany Close 2 Albany Close

WEST BEACH WA 6450 WEST BEACH

New Building Fence Steel Steel Concrete 1 2,000.00

17/06/2015 15975 C J Siemer S/L: 26 S/P: 60076 New Building Office Building Other Steel Other 1 25.0 40,000.00

37 Castletown Quays Fisheries Road

CASTLETOWN WA 6450 MERIVALE

16/06/2015 16019 J P Crawley 5708 Lot: 14 D: 43899 Alterations Dwelling ‑ Single Curtain 1 36,000.00

3 Hill Street 34 Castletown Quays Glass

CHADWICK WA 6450 CASTLETOWN

08/06/2015 16026 S M Gillen Lot: 6 Pln: 9421 Alterations Dwelling ‑ Single Brick, Steel Concrete 1 10,000.00

Address Unknown 109 Twilight Beach Road double

WEST BEACH

08/06/2015 16030 Greg Horan Construction Pty Ltd 14356 Lot: 4 D: 57757 Alterations Gazebo/Alfresco Timber Steel Other 1 120.0 50,000.00

Lot 9 Connolly Street 11 Valley Road Area

PINK LAKE WA 6450 PINK LAKE

03/06/2015 16036 Wrinkly Tin & Cladding Company Lot: 938 Pln: 50981 New Building Garage/Shed Steel Steel Concrete 1 54.0 12,000.00

Pty Ltd 28 Saison Street

3 Corry Street CASTLETOWN

ESPERANCE WA 6450

04/06/2015 16042 B J White Lot: 6 Pln: 54655 New Building Garage/Shed Steel Steel Concrete 1 204.0 17,000.00

8 Jones Place Stearne Road

BOULDER WA 6432 MONJINGUP

03/06/2015 16044 ESM Manufacturing Group Lot: 1053 Pln: 58988 New Building Garage/Shed Steel Steel Concrete 1 84.0 19,390.00

75 Norseman Road 8 Cull Close

CASTLETOWN WA 6450 CASTLETOWN

03/06/2015 16045 R D Denny 24054 Lot: 626 D: 69093 New Building Storage Building Steel Steel Concrete 1 400,000.00

Address Unkown 31 Beckwith Road

CHADWICK

05/06/2015 16046 P N Evans Lot: 124 Pln: 49450 Alterations Patio Steel Steel Concrete 1 41.0 12,000.00

Lot 124 Sanctuary Crescent Sanctuary Crescent

PINK LAKE WA 6450 PINK LAKE

03/06/2015 16047 G.J. Gardner Homes 13090 Lot: 956 Pln: 52175 New Building Dwelling ‑ Single Brick, Steel Concrete 1 495.0 499,950.00

22B Andrew Street 43 Chantilly Circuit veneer

ESPERANCE WA 6450 CASTLETOWN

09/06/2015 16049 Glen Echo Pty Ltd ‑ Timmins & 9556 Lot: 101 Pln: 54657 New Building Dwelling ‑ Ancillary Brick, Steel Concrete 1 89.0 132,000.00

Timmins 20 Easton Road Accommodation veneer

4 Hill Street CASTLETOWN

CHADWICK WA 6450

19/06/2015 16050 M B Kennaugh S460 Lot: 19 Pln: 22684 Alterations Dwelling ‑ Single Brick, Steel Concrete 1 55.0 20,000.00

Lot 41 Orana Drive Cudgee Close double

MYRUP WA 6450 MYRUP

New Building Garage/Shed Steel Steel Concrete 1 81.0 28,254.00

Building Licences

Approval Licence Name & Address of Owner Builder Name & Address Reg No Situation of Building Type of Work Type of Building Materials Roof Main No of Floor Cost $

Date Number of External Covering Material of Buildings Area Excluding

Walls Floor Sq.M Land

04/06/2015 16051 Ryan Dixon PTY LTD T/A Dixon 14605 Lot: 49 D: 54523 Alterations Garage/Shed Brick, Steel Concrete 1 9.0 56,550.00

Construction 23 Peppermint Grove veneer

The Esplanade 6450 WEST BEACH

Esperance 6450

18/06/2015 16052 J P Crawley 5708 Lot: 51 D: 38934 Alterations Occupancy Permit ‑ Steel Steel Timber 1 164.0

3 Hill Street 87 Norseman Road Classes 2‑9

CHADWICK WA 6450 CASTLETOWN

22/06/2015 16054 WBS Group Pty Ltd 13794 Lot: 143 Pln: 89033 New Building Dwelling ‑ Single Steel Steel Concrete 1 158.0 238,460.00

98 Byfield Street 1,242 Ridley Road

NORTHAM WA 6401 GRASS PATCH

25/06/2015 16056 K J Seinor Lot: 155 Pln: 21242 Alterations Garage/Shed Steel Steel 1 30.0 5,000.00

12 Amelia Circuit 12 Amelia Circuit

WEST BEACH WA 6450 WEST BEACH

11/06/2015 16057 Ryan Dixon PTY LTD T/A Dixon 14605 Lot: 706 D: 52120 Alterations Dwelling ‑ Single Other Steel Concrete 1 235,000.00

Construction 16 Butler Street

The Esplanade 6450 CASTLETOWN

Esperance 6450

12/06/2015 16058 WA Country Builders 11422 Lot: 1066 Pln: 400374 New Building Dwelling ‑ Single Brick, Steel Concrete 1 254.0 273,614.00

96‑102 Stirling Terrace 18 Waterlily Way veneer

ALBANY WA 6330 CASTLETOWN

11/06/2015 16060 Maguire (WA) Pty Ltd 13090 Lot: 1024 Pln: 400374 New Building Dwelling ‑ Single Brick, Steel Concrete 1 248.0 286,697.00

22B Andrew Street 34 Woody Avenue veneer

ESPERANCE WA 6450 CASTLETOWN

16/06/2015 16061 C C Annice Lot: 201 D: 45199 Demolition Garage/Shed Steel Steel Concrete 1 4,000.00

3 Doak Place 2 Beech Street

CASTLETOWN WA 6450 CASTLETOWN

22/06/2015 16062 A M Blunt Lot: 894 Pln: 42671 New Building Garage/Shed Steel Steel Concrete 1 56.0 10,000.00

28 St Germain Avenue 28 St Germain Avenue

CASTLETOWN WA 6450 CASTLETOWN

16/06/2015 16063 P R Ietto Lot: 143 Pln: 89033 Demolition Dwelling ‑ Single Timber Steel Timber 1 19,000.00

Address Unknown 1,242 Ridley Road

GRASS PATCH

24/06/2015 16064 B D Partington 9177 Lot: 286 Pln: 69443 New Building Garage/Shed Steel Steel Concrete 1 49.0 16,000.00

7 Orr Street 7 Hillier Avenue

WEST BEACH WA 6450 BANDY CREEK

19/06/2015 16067 MT Withers S1044 Lot: 7 D: 85289 New Building Storage Building Steel Steel Concrete 1 450.0 66,000.00

3 North Road 82 Norseman Road

CASTLETOWN WA 6450 CHADWICK

24/06/2015 16071 C R Parker Lot: 820 D: 84676 Alterations Garage/Shed Steel Steel Concrete 1 60.0 15,000.00

6 Wollamai Place 3 Coppin Street

WEST BEACH WA 6450 CHADWICK

19/06/2015 16073 R B McNab Lot: 13 D: 63650 Demolition Garage/Shed 4 1,000.00

Address Unknown 13 Barron Close

PINK LAKE

26/06/2015 16074 A L Dhue Lot: 778 Pln: 50981 New Building Garage/Shed Steel Steel Concrete 1 36.0 10,000.00

15 Dauphin Crescent 15 Dauphin Crescent

CASTLETOWN WA 6450 CASTLETOWN

Building Licences

Approval Licence Name & Address of Owner Builder Name & Address Reg No Situation of Building Type of Work Type of Building Materials Roof Main No of Floor Cost $

Date Number of External Covering Material of Buildings Area Excluding

Walls Floor Sq.M Land

30/06/2015 16075 M B Kennaugh S460 Lot: 77 Pln: 226440 New Building Other Structure Timber 1 10,000.00

Lot 41 Orana Drive 215 Twilight Beach Road

MYRUP WA 6450 WEST BEACH

New Building Pool ‑ Private Other 1 13,000.00

New Building Retaining Wall Concrete 1 10,000.00

26/06/2015 16076 W A Lawton Lot: 31 D: 86251 New Building Other Structure Steel Other 1 59.0 9,160.00

96 Pink Lake Road 455 Stearne Road

ESPERANCE WA 6450 MONJINGUP

26/06/2015 16077 R W Franceschi Lot: 255 Pln: 69443 New Building Garage/Shed Steel Steel Concrete 1 54.0 14,000.00

27 Emily Street 77 Walmsley Street

ESPERANCE WA 6450 BANDY CREEK

23/06/2015 16080 I S Mumme Lot: 5 Pln: 4708 Demolition Dwelling ‑ Single 1 6,000.00

3 Corry Street 10 Emily Street

ESPERANCE WA 6450 ESPERANCE

26/06/2015 16081 Maguire (WA) Pty Ltd 13090 Lot: 302 Pln: 23394 New Building Dwelling ‑ Single Brick, Steel Concrete 1 369.0 450,000.00

22B Andrew Street 84 Johns Street double

ESPERANCE WA 6450 WEST BEACH

26/06/2015 16083 R A Braybrooke Lot: 77 Pln: 8296 Alterations Garage/Shed Timber Steel Concrete 1 72.0 24,000.00

Lot 20 Longbottom Lane 12 Leake Street

PINK LAKE WA 6450 ESPERANCE

26/06/2015 16087 N Brown Lot: 548 Pln: 13433 Alterations Garage/Shed Steel Steel Concrete 1 74.0 20,000.00

30 Catherine Street 30 Catherine Street

CASTLETOWN WA 6450 CASTLETOWN

29/06/2015 16090 Maguire (WA) Pty Ltd 13090 Lot: 178 Pln: 1376 New Building Dwelling ‑ Ancillary Brick, Steel Concrete 1 67.0 137,000.00

22B Andrew Street 36 Burton Road Accommodation veneer

ESPERANCE WA 6450 CASTLETOWN

Total number of Building Licences: 38 $3,251,075.00

Building Approval Certificates (Unauthorised Structures)

Approval Licence Name & Address of Owner Builder Name & Address Reg No Situation of Building Type of Work Type of Building Materials Roof Main No of Floor Cost $

Date Number of External Covering Material of Buildings Area Excluding

Walls Floor Sq.M Land

22/06/2015 15899 KJ Norton Building Company 9566 Lot: 806 Pln: 18305 New Building Dwelling ‑ Single Brick, Steel Concrete 1 400,000.00

5 Kiwi Close Esperance WA 6450 11 Parkland Retreat double

CHADWICK

16/06/2015 16041 J A D'Emden Lot: 32 Pln: 1853 Alterations Patio Timber Steel Concrete 1 4,000.00

Lot 316 Norseman Road 1 Norseman Road

CASTLETOWN WA 6450 CASTLETOWN

08/06/2015 16052 J P Crawley 5708 Lot: 51 D: 38934 Alterations Industrial Building 1 235,802.00

3 Hill Street 87 Norseman Road

CHADWICK WA 6450 CASTLETOWN

11/06/2015 16059 G.J. Gardner Homes 13090 Lot: 279 Pln: 69443 New Building Other Structure 1 300.00

22B Andrew Street 86 Walmsley Street

ESPERANCE WA 6450 BANDY CREEK

16/06/2015 16065 B L Billig Lot: 19 Pln: 2723 Alterations Patio Other Steel Other 1 2,000.00

Building Approval Certificates (Unauthorised Structures)

Approval Licence Name & Address of Owner Builder Name & Address Reg No Situation of Building Type of Work Type of Building Materials Roof Main No of Floor Cost $

Date Number of External Covering Material of Buildings Area Excluding

Walls Floor Sq.M Land

19/06/2015 16069 M Steinmann Lot: 295 Pln: 8297 New Building Deck 1 6,500.00

42 Mungan Street 42 Mungan Street

ESPERANCE WA 6450 ESPERANCE

17/06/2015 16070 G R Sellenger Lot: 931 Pln: 29315 Alterations Patio Steel Steel Concrete 1 13.0 1,500.00

254 Norton Promenade 14 Saison Street

DALYELLUP WA 6230 CASTLETOWN

29/06/2015 16089 W F Vandenberghe Lot: 17 Pln: 12389 Alterations Garage/Shed Steel Steel Concrete 1 105.0 20,000.00

Lot 17 Goldfields Road 170 Goldfields Road

CASTLETOWN WA 6450 BANDY CREEK

Total number of Building Approval Certificates (Unauthorised Structures): 8 $670,102.00

Total number of Licences/Certificates Reported: 45 $3,921,177.00

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)

Ordinary Council: Agenda

28 July 2015 Page 317

Council Meeting

Friday 19 June 2015

In-Person Meeting

Councillors Conference Room, City of Kalgoorlie-Boulder commencing at 9.30am

MINUTES

CONTENTS

1. DECLARATION OF INTEREST. 3

2. OPENING AND ANNOUNCEMENTS. 3

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

3.1 Attendance. 3

3.2 Apologies. 4

3.3 Guests. 4

4. GUEST SPEAKERS/PRESENTATIONS. 4

5. MINUTES OF MEETINGS. 5

5.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Monday 4 May 2015 (Attachment) 5

5.2 Business Arising from Meetings of the Goldfields Voluntary Regional Organisation of Councils (GVROC) - GVROC Status Report as at 10 June 2015 (Attachment) 5

5.3 Matters for Noting (Attachments) 6

6. GVROC FINANCE. 7

6.1 Financial Statements for 31 May 2015 and Accounts for Payment (Attachment) 7

6.2 GVROC 2015/2016 Budget 9

7. GOLDFIELDS RECORDS STORAGE FACILITY - FINANCE AND OTHER MATTERS. 11

7.1 Financial Statement for the Period ending 31 May 2015 (Attachment) 11

7.2 Progress Report for Goldfields Records Storage Facility for the Period Ending 31 December 2014 12

8. GVROC Memorandum of Understanding. 13

8.1 Signing of the WE-ROC Memorandum of Understanding. 13

9. GVROC BUSINESS. 14

9.1 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – GVROC Solar PV Project and the GVROC LED Streetlight Project 14

9.2 Development of a Nuclear Waste Disposal Site within the Goldfields Esperance Region 15

9.3 WA Regional Achievement and Community Awards. 16

9.4 Wild Dog Control across the GVROC Region. 18

9.5 dTIMS Hosting and Support by Talis Consulting for the Goldfields Regional Road Group 20

9.6 Opportunity for the Office of Bushfire Risk Management to meet with the GVROC technical Officers Working Group. 21

10. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS. 22

10.1 State Councillor / Goldfields Esperance Zone President’s Report 22

10.2 WALGA Status Report (Attachment) 22

10.3 WALGA Presidents’ Report (Attachment) 22

10.4 Review of WALGA State Council Agenda - Matters for Decision. 23

10.5 Review of WALGA State Council Agenda - Matters for Noting/Information. 25

10.6 Review of WALGA State Council Agenda - Organisational Reports. 25

10.7 Review of WALGA State Council Agenda - Policy Forum Reports. 26

11. LATE ITEMS as notified, introduced by decision of the Meeting. 26

12. FUTURE MEETINGS/FUNCTIONS. 26

13. CLOSURE OF MEETING.. 27

Goldfields Voluntary Regional Organisation of Councils (GVROC)

An in-person meeting of the GVROC Council to be held Friday 19 June 2015 commencing at 9.30am

MINUTES

1. DECLARATION OF INTEREST

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

2. OPENING AND ANNOUNCEMENTS

In opening the meeting at 9.30am, the Chair welcomed Cr Keith Dunlop, President Shire of Ravensthorpe, and Mr Mike Fitzgerald, A/CEO Shire of Menzies, to their first GVROC Council Meeting.

3. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

3.1 Attendance

Mayor Ron Yuryevich (Chair) Mayor, City of Kalgoorlie-Boulder

Cr Suzie Williams Councillor, City of Kalgoorlie-Boulder

Mr Don Burnett CEO, City of Kalgoorlie-Boulder

Cr Mal Cullen President, Shire of Coolgardie

Cr Tracey Rathbone Deputy President, Shire of Coolgardie

Mr Paul Webb CEO, Shire of Coolgardie

Cr Jacquie Best President Shire of Dundas

Mr Richard Brookes CEO Shire of Dundas

Cr Malcolm Heasman President, Shire of Esperance

Cr Beverley Stewart Councillor, Shire of Esperance

Mr Matthew Scott CEO, Shire of Esperance

Cr Patrick Hill President, Shire of Laverton

Mr Graham Stanley A/CEO, Shire of Laverton

Cr Peter Craig President Shire of Leonora

Mr Jim Epis CEO, Shire of Leonora

Cr Greg Dwyer President, Shire of Menzies

Mr Mike Fitz Gerald A/CEO, Shire of Menzies

Cr Keith Dunlop President, Shire of Ravensthorpe

Mr Ian Fitzgerald CEO, Shire of Ravensthorpe

Cr Ian Goldfinch Councillor, Shire of Ravensthorpe

Cr Jim Quadrio President Shire of Wiluna

3.2 Apologies

Cr Shaneane Weldon, Deputy President Shire of Laverton

Mr Steve Deckert, CEO Shire of Laverton

Cr Graham Harris, Deputy President, Shire of Wiluna

Ms Andrea Nunan, CEO Shire of Wiluna

Mr Bruce Wittber, Joint Executive Officer

3.3 Guests

Nil

3.4 WALGA Representative

Mr Zac Donovan, Executive Manager Finance and Marketing

4. GUEST SPEAKERS/PRESENTATIONS

Nil

5. MINUTES OF MEETINGS

5.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Monday 4 May 2015 (Attachment)

Minutes of the GVROC Council Meeting held Monday 4 May 2015 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the GVROC Council Meeting held Monday 4 May 2015 be confirmed as a true and correct record of proceedings.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Hill

That the Minutes of the GVROC Council Meeting held Monday 4 May 2015 be confirmed as a true and correct record of proceedings.

CARRIED

5.2 Business Arising from Meetings of the Goldfields Voluntary Regional Organisation of Councils (GVROC) - GVROC Status Report as at 10 June 2015 (Attachment)

Additional Meeting Comment:

In discussing the Status Report, Member Councils made the following comments/decisions:

6.5 Arranging a Meeting with the Minister for Police

RESOLUTION: Moved: Richard Brookes Seconded: Stephen Deckert

That the matter lie on the table.

CARRIED

It was agreed that a further request to meet with the Minister for Police be made.

6.1 Presentation on the Communication System “Whispir”

RESOLUTION: Moved: Richard Brooks Seconded: Matthew Scott

That representatives from Telstra be invited to a meeting of the GVROC Technical Officers Working Group to demonstrate on the communication system “Whispir”.

CARRIED

It was agreed that no further action be taken on this matter,

9.4 Women’s Leadership Program - Women’s Leadership Grant

The City of Kalgoorlie-Boulders advised that GVROC had been unsuccessful in obtaining a grant.

RECOMMENDATION:

That the GVROC Status Report as presented be received.

RESOLUTION: Moved: Cr Quadrio Seconded: Cr Stewart

That the GVROC Status Report as presented be received.

CARRIED

5.3 Matters for Noting (Attachments)

The following papers are presented for noting:

§ Report from Mandi Warry, Manager Goldfields Tourism Network, on the CMCA Rally - Murray Bridge, South Australia - April 2015;

§ Minutes from the Goldfields Esperance District Emergency Management Committee Meeting held Tuesday 9 June 2015;

§ Goldfields Esperance District Emergency Management Committee Business Plan 2015-2016; and

§ WA Contingency Plan for a Major Rail Crash (East of Kalgoorlie) (involving many casualties) December 2009.

RECOMMENDATION:

That the papers detailed in Item 5.3 be noted.

RESOLUTION: Moved: Cr Hill Seconded: Cr Cullen

That the papers detailed in Item 5.3 be noted.

CARRIED

6. GVROC FINANCE

6.1 Financial Statements for 31 May 2015 and Accounts for Payment (Attachment)

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 7 June 2015

Attachments: GVROC Statement of Financial Position as at 31 May 2015

Background:

Presenting the unaudited financial statement for the period 1 July 2014 to 31 May 2015 and the accounts for payment for the period 16 April 2015 to 5 June 2015

Financial Statement:

The Executive Officer provides the following comment:

1. Account 501 - Members subscriptions – all paid;

2. Account 502 – Members subscriptions Goldfields District Display – see previous note

3. Accounts 1513 and 1514 – Executive Officer Services – there has been a delay in the Executive Officer forwarding accounts for payment during the current financial year however the accounts will be brought up to date for payment by the 30 June 2015.

4. Account 512 - Project General Contributions;

5. Account 515 - DLG Grant Asset Management – these funds have been transferred from the City of Kalgoorlie-Boulder.

6. Account 1836 – Sponsorship Goldfields District Display – expenditure to assist the preparation of the Royal Show District Display; and

7. Account 1848 – DLG Asset Management Business Case – this project is being managed by the City of Kalgoorlie-Boulder and the payment is a reimbursement of expenses incurred by the City in undertaking the project.

Accounts Paid:

Cheque	Date	Payee	For	Amount incl GST
EFT	160415	Up to Date Accounting	Accounting Services – March 2015	158.40
EFT	220415	Kott Gunning	Legal Opinion Shire of Laverton GRV Application	8,989.20
EFT	110515	Up to Date Accounting	Accounting Services – April 2015	184.80
EFT	020615	BHW Consulting	Professional Services August 2014 to October 2014	11,866.52
EFT	020615	BHW Consulting	Professional Services November 2014	3,440.25

TOTAL $24,639.14

RECOMMENDATION:

1. That the Statement of Financial Position for the period ending 31 May 2015, as attached, be received.

2. That the Accounts Paid for the period 16 April 2015 to 5 June 2015 totalling $24,639.14 be approved.

RESOLUTION: Moved: Mr Fitzgerald Seconded: Cr Cullen

1. That the Statement of Financial Position for the period ending 31 May 2015, as attached, be received.

2. That the Accounts Paid for the period 16 April 2015 to 5 June 2015 totalling $24,639.14 be approved.

CARRIED

6.2 GVROC 2015/2016 Budget

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 7 June 2015

Attachments: Draft 2015/2016 GVROC Budget

Background:

Presenting the Goldfields Voluntary Regional Organisation of Councils (GVROC) Draft Budget for 2015/2016

The budget also includes allocations relating to the Goldfields Esperance Country Zone and Goldfields Esperance Regional Collaborative Group funds. The draft budget, as presented, is effectively a combined GVROC, Goldfields Esperance Country Zone and Goldfields Esperance Regional Collaborative Group budget.

The GVROC MOU provides that Annual Contributions will be determined by the GVROC Council.

Executive Officer Comment:

The following notes may assist in considering the draft Budget:

1. The annual subscription is proposed to be maintained at the current level of $11,000 (excl GST) per Member Council as there is currently a surplus in the GVROC accumulation account.

2. During 2013/2014 the GVROC agreed to change the funding level for the support of the Goldfields District Display. The new arrangement was implemented in 2013/2014 and is proposed to be maintained in 2015/2016. The contributions for 2014/2015 were:

§ City of Kalgoorlie-Boulder - $5,700.00

§ Shire of Coolgardie – $2,200.00

§ Shire of Dundas - $2,200.00

§ Shire of Laverton - $2,200.00

§ Shire of Leonora - $2,200.00

§ Shire of Menzies - $2,200.00

§ Shire of Ngaanyatjarraku - $2,200.00

§ Shire of Wiluna - $2,200.00

All amounts exclude GST.

As there is an estimated surplus in the restricted funds for this project of only $1,600 as at the 31 May 2015, the amount required from Member Councils has been increased slightly to take maintain the level of sponsorship at $24,000 and to also retain a small surplus.

On this basis, the amount per contributing Member Council would be as follows:

§ City of Kalgoorlie-Boulder - $6,500

§ Shire of Coolgardie – $2,500.00

§ Shire of Dundas - $2,500.00

§ Shire of Laverton - $2,500.00

§ Shire of Leonora - $2,500.00

§ Shire of Menzies - $2,500.00

§ Shire of Ngaanyatjarraku - $2,500.00

§ Shire of Wiluna - $2,500.00

All amounts exclude GST.

3. Interest accrued on general operating GVROC funds – the amount has been reduced from the 2014/2015 actual due to a declining interest rate.

4. Interest accrued to the DLGC Grant for asset management implementation and is required to be accounted separately and added to the grant.

5. The allocation related to the GVROC Executive Officer services.

6. An allocation to meet the cost of meeting room hire for any meetings that may be held in Perth. During Local Government Week no cost is incurred when using a meeting room at the Convention Centre however the GVROC may decide to meet elsewhere at Local Government Week 2015.

7. Cost of holding meetings by teleconference. This amount varies depending on how many meetings are held via this method.

8. An allocation to meet the cost of food and beverages at meetings. The main cost is related to meetings held during Local Government Week but there is also an allowance should GVROC wish to meet the cost of some dinner functions.

9. This allocation covers the cost of the Executive Officer managing the GVROC finances through the outsourced provider.

10. Following the decision to outsource the financial management of GVROC it was also agreed to undertake an annual audit of the books of account. This allocation meets that cost. An allocation for the completion of acquittals of various grant programs is also included.

11. An annual subscription of $2,500 (excl GST) for each Member Council that gives flexibility to undertake special projects or consultancies. It should be noted that the GVROC accumulation account is estimated to have a surplus of about $30,000 at the 30 June 2015.

12. An allocation to enable the GVROC to undertake special projects or consultancies.

13. The expenditure associated with the Digital Action Plan project.

14. Contribution to the Goldfields District Display which has been retained at a contribution of $24,000.

15. Expenditure on the DLGC Asset Management Project. The allocation includes accumulated interest.

Voting Requirement: Simple majority

RECOMMENDATION:

That the GVROC Council adopt the Draft Budget for the year ending 30 June 2016, as circulated, with the following contributions:

1. the general annual contribution for each Member Council be set at $11,000 (excluding GST);

2. a contribution of $2,400 (excl GST) from each of the Shires of Coolgardie, Dundas, Laverton, Leonora, Menzies, Ngaanyatjarraku and Wiluna and $6,500 (excl GST) from the City of Kalgoorlie-Boulder for sponsorship of the Royal Show Goldfields District Display; and

3. a contribution of $2,500 (excl GST) from each Member Council be set for GVROC general projects.

RESOLUTION: Moved: Cr Heasman Seconded: Cr Williams

That the GVROC Council adopt the Draft Budget for the year ending 30 June 2016, as circulated, with the following contributions:

1. the general annual contribution for each Member Council be set at $11,000 (excluding GST);

2. a contribution of $2,400 (excl GST) from each of the Shires of Coolgardie, Dundas, Laverton, Leonora, Menzies, Ngaanyatjarraku and Wiluna and $6,500 (excl GST) from the City of Kalgoorlie-Boulder for sponsorship of the Royal Show Goldfields District Display; and

3. a contribution of $2,500 (excl GST) from each Member Council be set for GVROC general projects.

CARRIED

7. GOLDFIELDS RECORDS STORAGE FACILITY - FINANCE AND OTHER MATTERS

7.1 Financial Statement for the Period ending 31 May 2015 (Attachment)

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

Yvette Hargreaves, Manager Goldfields Records Storage Facility

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 11 June 2015

Attachments: Unaudited financial statement for the period ending 31 May 2015

Executive Officer Comment:

Nil

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the Statement of Financial Position for the period ending 31 May 2015, as attached, be received.

RESOLUTION: Moved: Cr Craig Seconded: Cr Hill

1. That the Statement of Financial Position for the period ending 31 May 2015, as attached, be received.

2. That the progress report on the operations of the Goldfields Records Storage Facility for the period ending 31 May 2015 be noted.

CARRIED

7.2 Progress Report for Goldfields Records Storage Facility for the Period Ending 31 December 2014

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

Yvette Hargreaves, Manager Goldfields Records Storage Facility

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 11 June 2015

Attachments: Monthly Income Chart April-May 2015

Background:

A progress report on the Goldfields Records Storage’s (GRS) operations for April and May 2105 has been provided by Ms Yvette Hargreaves, the Facility’s Manager. Points to note include:

§ GRS now have 2865 boxes in storage and 70 Clients. Since the last report to GVROC GRS has 4 new clients. All clients utilise the GRS’ destruction service. One client makes use of its storage facility.

§ This quarter the GRS destroyed nil boxes, 33 bins and took in 5 new boxes for storage.

§ Business during April and May was quiet, which seems to be the trend. June looks to being far busier.

A monthly income chart for the period April-May 2015 also forms an attachment to the meeting agenda.

Executive Officer Comment:

Nil

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the progress report on the operations of the Goldfields Records Storage Facility for the period ending 31 May 2015 be noted.

Refer to Agenda Item 7.1

8. GVROC Memorandum of Understanding

8.1 Signing of the WE-ROC Memorandum of Understanding

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 19 June 20153

Attachments: Nil

Background:

As Member Councils are aware, the current GVROC Memorandum of Understanding (MOU) expires on 30 June 2015.

At the WE-ROC Council Meeting held on Monday 4 May 2015 it was resolved as follows.

RESOLUTION: Moved: Cr Hill Seconded: Cr Dwyer

That the Goldfields Voluntary Regional Organisation of Councils Memorandum of Understanding (MOU) be:

1. Re-signed without amendment; and

2. Reviewed every two years after the local government elections, with the next review of the MOU to be undertaken in October 2017.

CARRIED

Executive Officer Comment:

The MOU is presented for signing. Once signed the MOU will be bound and a copy forwarded to all Member Councils.

Consultation: Nil

Financial Implications: As per the MOU and the GVROC annual Budget once adopted

Voting Requirement: Simple majority

RECOMMENDATION:

That the signing of the GVROC Memorandum of Understanding be noted.

Noted

9. GVROC BUSINESS

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

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

Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 5 June 2015

Attachments: Update on projects provided by Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

Background:

Work around GVROC’s renewable energy and energy efficient projects has going.

A copy of the latest progress report on the projects from the City of Kalgoorlie-Boulder’s Sustainability Officer, forms an attachment to the meeting agenda.

Executive Officer Comment:

No further comment required.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the update on the GVROC regional energy projects be received.

RESOLUTION: Moved: Cr Dwyer Seconded: Cr Best

That the update on the GVROC regional energy projects be received.

CARRIED

9.2 Development of a Nuclear Waste Disposal Site within the Goldfields Esperance Region

Reporting Officer: Andrea Nunan, Shire of Wiluna

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 14 May 2015

Attachments: Nil

Background:

At the GVROC Council Meeting held in Kalgoorlie on Monday 4 May the Shire of Wiluna requested that the matter of the development of a nuclear waste dump site within the region be listed for discussion at the GVROC Council Meeting to be held Friday 19 June 2015.

The Shire of Wiluna will lead the discussion on this matter.

Executive Officer Comment:

No further comment required.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Cr Hill Seconded: Cr Quadrio

That the matter of supporting the development of a nuclear waste dump site within the region be left to individual Member Councils for decision.

CARRIED

9.3 WA Regional Achievement and Community Awards

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

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 14 May 2015

Attachments: Nil

Background:

The Regional Achievement and Community Awards in New South Wales/ACT, Victoria, Queensland and Western Australia have become the most sought-after, prestigious and publicly recognised regional awards program in each of these States/Territories.

Sponsored in Western Australia by the Department of Regional Development, the aims and objectives of the Regional Achievement and Community Awards are to encourage, acknowledge and pay tribute to individuals, communities, businesses and groups who are making a significant contribution to regional and rural areas. To quote from the awards website the Awards “… applaud and encourage those working in rural and regional areas helping to support, and enhance social, economic, commercial or environmental prosperity of their region. Awards such as these create an opportunity to say thank you to businesses, community groups and individuals who work tirelessly in developing their chosen fields of endeavour.”

There are a number of awards are made annually.

The CEO City of Kalgoorlie-Boulder believes that GVROC should submit an entry either for the Horizon Power Leadership and Innovation Award or the Prime Super Community Group of the Year Award.

The Horizon Power Leadership and Innovation Award is awarded to those who demonstrate qualities that establish them as individuals or groups “who are the ‘driving force’ in their community. These leaders are at the forefront of community contribution in their field of endeavor.

The CEO City of Kalgoorlie-Boulder believes that GVROC’s work around its Solar PV and LED Streetlight Project would make it a worthy recipient of this award.

The Horizon Power Leadership and Innovation Award is to acknowledge role models who through their innovation, leadership and driving force, pave the way for others to follow.

Applications for this award must according to the awards website must:

§ Describe the leadership and innovation skills and how they benefit the community

§ How and who in the community has benefited from the leadership contribution and achievements

§ Impact and outcomes of the contribution

§ Support and funding

§ Degree of difficulty and how barriers may have been overcome

§ Hours contributed (paid and/or unpaid)

§ Profile of projects or work undertaken/achieved

§ How has the contribution increased state pride/development

§ Creativity, innovation and entrepreneurial skills

§ Sustainability of the leadership work, project or contribution

§ 100 word summary of achievements for media, judging and promotional material including for use on the Awards night

The Prime Super Community Group of the Year Award provides recognition for groups and organisations that make a significant contribution to their community, creating community spirit, pride and bringing residents together.

The award website notes that “… these community groups and organisations show a strong bond in uniting the township or city, sharing a common purpose in strengthening the social fabric of their community. This award will also reward strategic development and initiatives for the care of seniors, volunteers, children and families.’’

Applications for this award must according to the awards website must:

§ Describe the community group’s/organisation’s initiatives/development

§ How long have the community development programs been in operation

§ Short and long term community objectives

§ How many residents are involved

§ Source of funding (if applicable)

§ Barriers or difficulties and how they have been overcome

§ Hours contributed (paid and/or unpaid)

§ Impact of the project/s - demonstrated benefits to the community

§ Examples of planning and management

§ 100 word summary of achievements for media, judging and promotional material including for use on the Awards night

That GVROC submit an application for recognition of the work it has undertaken across the region in the 2015 Regional Achievement and Community Awards.

Nominations opened on Tuesday 19 May 2015 and close on Friday 7 August 2015

Executive Officer Comment:

No further comment required.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That GVROC submit an application for recognition of the work it has undertaken across the region in the 2015 Regional Achievement and Community Awards.

RESOLUTION: Moved: Cr Best Seconded: Cr Cullen

That GVROC submit an application for recognition of the work it has undertaken across the region in the 2015 Regional Achievement and Community Awards, submitting applications for both the Horizon Power Leadership and Innovation Award and the Prime Super Community Group of the Year Award.

CARRIED

9.4 Wild Dog Control across the GVROC Region

Reporting Officer: Paul Webb, CEO Shire of Coolgardie

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 28 May 2015

Attachments: Report 23 Standing Committee on Public Administration Report on Recreational Hunting Systems

Background:

Councils across the GVROC region are all, though to varying degrees, impacted by the problem of wild dogs.

The CEO Shire of Coolgardie in examining ways to address the problem within his Shire has been researching possible solutions, both for the Shire of Coolgardie and potentially for the region as a whole. As such, the Shire has requested that the issue of wild dog control be listed for discussion at the GVROC Council Meeting.

The Sporting Shooter Association Australia (SSAA) runs a program where recreational shooters with land owner permission will come out and “hunt out” feral animals. With pastoral industry viability severely constrained because of the large numbers of wild dogs across the pastoral region, the Shire of Coolgardie believes there may be merit in GVROC meeting with representatives from the SSAA to discuss whether such programs might be of value across the GVROC region.

In addition to the above, the Shire of Coolgardie would also like to draw Member Councils attention to the Standing Committee on Public Administration Report on Recreational Hunting Systems, a copy of which forms an attachment to the meeting agenda.

The Standing Committee on Public Administration commenced an inquiry into recreational hunting in Western Australia in late 2013. The inquiry’s terms of reference were:

That the Council –

a) acknowledges the use in other States of regulated, licensed recreation hunting systems and the potential environmental contribution made in controlling pest animals on public lands, together with the possible economic, cultural and recreational benefits to the community; and

b) directs that –

(i) the Public Administration Committee inquire into the benefits or otherwise of a similar system being adopted in Western Australia and report back to the House by 4 December 2014; and

(ii) Hon Rick Mazza be co-opted as a member to the Public Administration Committee for the purposes of the foregoing inquiry.

The Committee tabled its report into Parliament earlier this year. One of the Committee’s major recommendations was that the Government should introduce a two-year trial of recreational hunting on public land in Western Australia, taking into consideration the following issues:

§ native title and legislative requirements;

§ carrying out a thorough risk management assessment;

§ measuring the impact on feral animal numbers;

§ measuring the impact on the local economy and tourism in nearby areas; and

§ implementing an online booking and GPS tracking system following the New South Wales model.

It also recommended that the trial should be located in two separate areas, such as a reclaimed pastoral station in the Mining and Pastoral region and a state forest in the South West land division.

The Shire of Coolgardie believes that GVROC should consider supporting a trial at a location within the GVROC region.

Executive Officer Comment:

The CEO Shire of Coolgardie will provide further information on this matter.

The Shire is seeking other Member Councils support for developing innovative solutions to the wild dog problem across the GVROC region.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Goldfinch

That an invitation be extended to Hon Liz Behjat MLC, Chair Standing Committee on Public Administration, to meet with GVROC at its August Meeting to discuss the Committee’s report into recreational hunting in Western Australia.

CARRIED

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Hill

1. That GVROC call on the State Government to establish a management authority, funded through Royalties for Regions, to oversee the control and management of feral animals and declared plants outside the agricultural regions thereby preventing them from becoming established within the agricultural regions.

2. Request that WALGA look to establishing a policy forum to investigate the problems being faced by local governments across the State with respect to the management and control feral animals and declared plants.

CARRIED

The meeting adjourned for morning tea at 10.58am

The meeting resumed at 11.08am

9.5 dTIMS Hosting and Support by Talis Consulting for the Goldfields Regional Road Group

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

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 4 June 2015

Attachments: dTIMS Hosting and Support. A scope and costing for the provision of a service for dTIMS implementation, hosting supports and knowledge sharing by Talis Consulting solutions for the Goldfields Regional Road Group.

Background:

As Member Councils are aware the issue of reductions in regional road group funding has been an issue under discussion over the past little while.

At a Technical Session of the Goldfields Regional Road Group (GRRG) held in May this year a proposal prepared by Talis Consulting to offer support to the GRRG through the provision of a tool that will assist in calculating the best distribution and use of available funds for road maintenance and renewal. It is intended that the tool will assist individual Councils in preparing forward works programme that make best use of the regional road group funding.

The GRRG considers that implementation of dTIMS Hosting may offer a means for the region to regaining its full share of State road funding as it is hoped that the results of implementing dTIMS Hosting will demonstrate need across the region.

Executive Officer Comment:

Page 15 of the project scoping and costing report details costings per Council over the three years of the project’s duration. The cost per Council per year is $19,059 (exc GST). This fee is based on all Councils within the GRRG participating in the project. Fees would need to be recalculated if fewer Councils “signed up”.

The Executive Officer believes the project has merit.

The successful implementations of dTIMS Hosting is, however, predicated on Member Councils committing to the provision of data when requested by Talis Consulting. Provision of data and support by Member Councils in other asset management projects has been problematic on occasions. This as an issue that would have to be resolved before participating could be considered by GVROC.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Cr Williams Seconded: Cr Dwyer

That the matter of the proposal prepared by Talis Consulting be referred back to the Goldfields Regional Road Group.

CARRIED

9.6 Opportunity for the Office of Bushfire Risk Management to meet with the GVROC technical Officers Working Group

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 6 June 2015

Attachments: Nil

Background:

Bruce Telfer, Analysis and Reporting Manager Office of Bushfire Risk Management (OBRM), emailed the Executive Officer on Tuesday 6 June 2015 seeking an opportunity to facilitate a presentation to Member Councils at which he which will outline a project in regard to the Permit to Burn process.

By way of background, during 2013/2014, OBRM conducted a trial for a Permit to Burn document that assisted in identifying and managing the risks associated with prescribed burning activities. Feedback was sought from those stakeholders engaged with the trial which was consolidated into a report. That information was then provided to all local governments seeking opinion in regard to the current situation within their own jurisdiction and as to whether they would be interested in participating in any further reviews of the permit system.

A project plan has been created to further engage with stakeholders and to conduct a review of the Permit systems. This project is a tiered approach comprising a Stakeholder Reference Group (SRG) which will provide oversight to the project and six Working Groups based on zones where the current permit system requirements are similar.

The objectives of the Local Government Permit Review Project are:

§ Improved coordination and oversight of planned fire activities, at the local government level;

§ Increased understanding of roles and responsibilities in regard to permits and planned fire activities;

§ Reduced potential for planned burns to escape and cause significant damage;

§ Greater consistency in permit issuing practices; and

§ Influence the review of related DFES publications to ensure they reflect best practice and incorporate the outputs of the project.

Executive Officer Comment:

The Executive Officer believes that a presentation to the GVROC Technical Officers Working Group would have value.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That GVROC extend an invitation to the Office of Bushfire Risk Management to meet with the GVROC Technical Officers Working Group to discuss its project in regard to the review of the Permit to Burn process.

RESOLUTION: Moved: Cr Hill Seconded: Mr Fitzgerald

That GVROC extend an invitation to the Office of Bushfire Risk Management to meet with the GVROC Technical Officers Working Group to discuss its project in regard to the review of the Permit to Burn process.

CARRIED

10. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS

Zone delegates to consider the Matters for Decision contained in the WA Local Government Association State Council Agenda and put forward resolutions to Zone Representatives on State Council

10.1 State Councillor / Goldfields Esperance Zone President’s Report

Mayor Ron Yuryevich, AM RFD

Mayor Yuryevich provided a verbal report to Member Councils.

Issues highlighted in his report included:

§ The recent ALGA Conference – Deputy Prime Minister and Minister for Infrastructure and Regional Development, Hon Warren Truss MP, highlighted changes for Round Two of the National Stronger Regions Fund;

The Mayor highlighted that very few applications from Western Australia met with success. The project awarded the largest amount of funding, with over $6M given, was the City of Belmont’s Belmont Business Park Transport Infrastructure Project. He did not believe that this was appropriate given the funding was for regional development. As such the Mayor believes that GVROC should write to the Minister expressing disappointment at the way in which funds were being distributed; and

§ Elections for the new WALGA President will be conducted at the next WALGA State Council Meeting. Three State Councillors have nominated – Cr Lyn Craigie (currently WALGA State Council Deputy President), Cr Karen Chappel and Mayor Henry Zelones. The next meeting of the WALGA State Council is on Wednesday 1 July 2015.

RESOLUTION: Moved: Cr Williams Seconded: Cr Cullen

1. That GVROC write to the Minister for Infrastructure and Regional Development expressing Member Councils disappointment at the large levels of National Stronger Regions Funding being awarded to projects within the capital cities rather than in the non-metropolitan regions, requesting that the fund either recognise the need for funding within the regions or establish a fund specifically for projects outside the capital cities.

2. That the Assistant Minster for Infrastructure and Regional Development, Hon Jamie Briggs MP be cc’d into the correspondence to the Minister for Infrastructure and Regional Development.

CARRIED

10.2 WALGA Status Report (Attachment)

From Executive Officer

BACKGROUND:

Presenting the Status Report for February 2015 which contains WALGA’s responses to the resolutions of previous Meetings

ZONE COMMENT:

This is an opportunity for Member Councils to consider the response from WALGA in respect to the matters that were submitted at the previous Meeting.

10.3 WALGA Presidents’ Report (Attachment)

Presenting the WALGA President’s Report

In discussing the WALGA President’s Report GVROC’s Member Councils considered the increase to the Emergency Services Levy. The State budget has authorised an increase in the Emergency Services Levy (ESL) in the order of 10.8%.

RESOLUTION: Moved: Cr Hill Seconded: Mr Epis

That GVROC write to the region’s parliamentary representatives expressing disappointment at the increase to the Emergency Services Levy (ESL) and seek an explanation as to why the levy required and increase in the order of 10.8%. A copy of the letter should be provided to both the Chamber of Minerals and Energy and the Chamber of Commerce and Industry.

CARRIED

Whilst not covered specifically within the WALGA President’s Report the reduction in the pensioner rebate and the increase in the loan guarantee fee was discussed at this point in the meeting.

RESOLUTION: Moved: Heasman Seconded: Cr Hill

That GVROC write to the region’s parliamentary representatives seeking an explanation for the State Government’s decision to increase the fee on borrowing charges to Local Government from 1 July 2015.

CARRIED

10.4 Review of WALGA State Council Agenda - Matters for Decision

From Executive Officer

Background:

WALGA State Council meets five times each year and as part of the consultation process with Member Councils circulates the State Council Agenda for input through the Zone structure.

The Zone is able to provide comment or submit an alternate recommendation that is then presented to the State Council for consideration.

5.1 Cycling on Footpaths Discussion Paper (05-009-02-0010 MS)

WALGA Recommendation

That State Council resolves:

1. To support the amendment of regulation 216(1) of the Road Traffic Code 2000 to allow cyclists of all ages ride bicycles on footpaths subject to the implementation of an appropriate speed limit for cyclists riding on footpaths.

2. Any change to regulation 216 (1) of the Road Traffic Code 2000 is accompanied by a comprehensive public education campaign.

3. The Association to investigate the provision of local laws to exclude cyclists from riding on footpaths in specified areas, at the discretion of a Local Government.

4. The Association advises the Office of Road Safety and Department of Transport in writing of key matters highlighted by the Local Government sector to be considered should the proposed amendment to the Road Traffic Code 2000 proceed.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.2 Interim Submission on the Review of Safe and Sustainable Cycling for Perth (05-005-03-0006 MM)

WALGA Recommendation

That State Council endorse the interim submission to the Office of the Auditor General on the Review of Safe and Sustainable Cycling for Perth.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.3 Feedback – Department of Transport’s 2015 Draft Coastal Adaptation and Protection Policy for WA (05-028-03-0015 VJ)

WALGA Recommendation

That the feedback provided to the Department of Transport on its draft 2015 Draft Coastal Adaptation and Protection Policy for WA be endorsed.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.4 Interim submission to the Senate Inquiry into Regional Capitals (05-055-03-0002 PS)

WALGA Recommendation

That the Association’s interim submission in response to the Senate Inquiry into Regional Capitals be endorsed.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.5 Interim submission to the Tax Discussion Paper (05-100-03-0001 PS)

WALGA Recommendation

That the Association’s interim submission in response to the Australian Government’s Tax Discussion Paper be endorsed.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.5 Interim submission to the Tax Discussion Paper (05-100-03-0001 PS)

WALGA Recommendation

That the Association’s interim submission in response to the Australian Government’s Tax Discussion Paper be endorsed.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils endorses all recommendations being matters contained in the WALGA State Council Agenda other than those recommendations separately considered.

RESOLUTION: Moved: Cr Williams Seconded: Cr Cullen

1. That the Goldfields Voluntary Regional Organisation of Councils endorses all recommendations being matters contained in the WALGA State Council Agenda other than those recommendations separately considered.

2. That the Goldfields Voluntary Regional Organisation of Councils seeking further information from WALGA on the response to Strategy 4.4.1 of the Draft State Biosecurity Strategy.

CARRIED

10.5 Review of WALGA State Council Agenda - Matters for Noting/Information

6.1 Metropolitan Local Government Reform Reimbursement Request (05-034-01-0018TL)

6.2 Response to the Department of Local Government and Communities – Proposed Amendments to the Local Government (Functions and General) Regulations 1996 (05-034-01-0007 JM)

6.3 Review of Local Government Water Services Licensing (05-064-01-0007 MB)

6.4 Local Government Exemption from Drainage Licensing Regime (05-064-01-0007 MB)

6.5 Report Municipal Waste Advisory Council (MWAC) (01-006-03-0008 RNB)

6.6 Partnership with Disability Services Commission - Change Places Project (06 071 01 002 EB)

6.7 Review of Local Government Alcohol Management Package (05-031-01-0001 MP)

6.8 Presentation to Parliamentary Committee – Planning and Development (Development Assessment Panels) Regulations 2011 (05-047-01-0016 VJ)

6.9 Senate Economics Reference Committee Report: Out of reach? The Australian housing affordability challenge (05-036-03-0020 CG)

6.10 Report on Local Government Road Assets and Expenditure 2013/14 (06-007-03-0016 MB)

6.11 User Guide for Calculating the Cost of Road Wear on Sealed Local Roads (05-006-03-0008 MB)

6.12 State Budget Outcomes (05-088-03-0001 PS)

10.6 Review of WALGA State Council Agenda - Organisational Reports

7.1 Key Activity Reports

7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-0017 MJB)

7.1.2 Report on Key Activities, Governance and Organisational Services (01-006-03-0007 TB)

7.1.3 Report on Key Activities, Infrastructure (05-001-02-0003 ID)

7.1.4 Report on Key Activities, Planning and Community Development (01-006-03-0014 AH)

10.7 Review of WALGA State Council Agenda - Policy Forum Reports

7.2 Policy Forum Reports

7.2.1 Mining Community Policy Forum

7.2.2 Container Deposit Legislation Policy Forum

7.2.3 Metropolitan Mayors Policy Forum

7.2.4 Waste Avoidance and Resource Recovery Act (2007) Review Policy Forum

7.2.5 Freight Policy Forum

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils notes the following reports, either provided separately or as contained in the WALGA State Council Agenda:

§ State Councillor Report;

§ WALGA Status Report;

§ WALGA President’s Report;

§ Matters for noting/information;

§ Organisational reports; and

§ Policy Forum reports.

RESOLUTION: Moved: Mr Epis Seconded: Cr Best

That the Goldfields Voluntary Regional Organisation of Councils notes the following reports, either provided separately or as contained in the WALGA State Council Agenda:

§ State Councillor Report;

§ WALGA Status Report;

§ WALGA President’s Report;

§ Matters for noting/information;

§ Organisational reports; and

§ Policy Forum reports.

CARRIED

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

Nil

12. FUTURE MEETINGS/FUNCTIONS

Wednesday 5 August 2015 – an in-person meeting of the GVROC Council to be held at the Perth Convention and Exhibition Centre

Wednesday 5 August – GVROC Dinner at the Atrium Restaurant within the Crown Casino Complex

Friday 28 August 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 3-4 September 2015

Friday 4 September 2015 – an in-person meeting of the GVROC Technical Officers Working Group (venue to be determined)

Thursday 8 October 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined)

Friday 27 November 2015 – an in-person meeting of the GVROC Council at which the WALGA State Council Agenda for the State Council meeting to be held Wednesday 3 December 2015 will also be considered. Elections must also be held at this time (in Kalgoorlie unless otherwise determined);

Friday 4 December 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined)

Friday 29 January 2016 – an in-person meeting of the GVROC Council in Esperance

Note: The GVROC Technical Officers Working Group (GTOWG) Meeting scheduled for Friday 10 July 2015 is to be rescheduled due to the inability of the CEOs of Esperance and Kalgoorlie-Boulder being unavailable that day. The Executive Officer will arrange a meeting of the GTOWG to be held prior to the GVROC Council Meeting scheduled for Wednesday 5 August 2015.

13. CLOSURE OF MEETING

There being no further business the Chair declared the meeting closed at 12.02pm

DECLARATION

These minutes were confirmed by the Goldfields Voluntary Regional Organisation of Councils at the meeting held Wednesday 5 August 2015

Signed _______________________________

Person presiding at the meeting at which these minutes were confirmed

a .	Amendment Document - Under Separate Cover
b .	Accoustic Report - Under Separate Cover
c .	Schedule of Submissions

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

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

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

Policy Name	Recommended Amendment
Exec 001: Council Committee Terms of Reference	Removal with information moved to Management Practices
Exec 002: Rescission of Council Resolutions	Removal with information moved to Management Practices
Exec 003: Media Liaison	Removal
Exec 004: Council Dinner Guests	Removal
Exec 005: Citizen of the Month	Removal
Exec 007: Elected Member Entitlements	Travelling Expenses c/km change as per award
	Shire Uniform wording change - providing choice
	Change from Executive Manager to Director
	Local Govt Week – superfluous phrase removal
Exec 008: Senior Employees	Change Director titles
Exec 009: Staff Use of Shire Equipment for Private Purposes	Removal
Exec 010: Common Seal	Change of wording to include Deputy President & Acting CEO
Exec 011: Legal Representation Costs Indemnification	Change of wording to refine Policy Objective
Exec 013: Policy Manual	Removal and recommend that information be used as an introduction to the policy manual
Exec 014: Presentation of a Shire Plaque of the Council Crest	Change wording indicating when a plaque of the crest can be presented
Exec 015: Use of Council Offices by Federal Member	Removal
Exec 016: District Aerial Inspections	Removal
Exec 017: Vandalism Rewards	Council may wish to consider determining a maximum
Exec 018: Itinerant Traders & Trading in Thoroughfares	Removal

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	Lynda Horn	Community Support Officer
Authorisor/s	Terry Sargent	Director External Services

a.	Application - Renewal of Lease - Agricultural Showgrounds Building and Horse Stalls - Esperance District Agricultural Society - Greater Sports Ground - Portion Lot: 968 Pln: 219755 - Black Street ESPERANCE - Reserve 3287
b.	DRAFT - Esperance Districts Agricultural Society Deed of Variation & Extension of Lease

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

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

a.	Information Bulletin - July 2015
b.	Interplan Report - June 2015 - Under Separate Cover
c.	Register - Delegations Discharge - Director Corporate Resources - Shane Burge
d.	Common Seal Register
e .	GVROC - Minutes - June 2015
f .	Letter of Appreciation - Road Safety Audit
g .	Response - Referral - Local Planning Scheme - Local Planning Strategy - Amendment No 2

June 2014
3 June 2014	2 x Extension of Lease – Old Chemist Shop – Museum Village	Council Resolution O0414-052
4 June 2014	2 x Lease – Multi Sports Management Committee Inc
4 June 2014	1 x Restrictive Covenant for noise affected property – Section 70a Lot 538-40 Griffin St West Beach
9 June 2014	1 x Right of Burial; Grave # 2701 Grave # 2706 Grave # 2702 Grave # 2697 Grave # 2713 Grave # 2696 Grave # 2712 Grave # 2633 Grave # 2633 Grave # 1565/#2684 Grave # 2708 Grave # 2688
17 June 2014	1 x Notification Under Section 7a; Lot 850 Plan 72754 Lot 851 Plan 72574
30 June 2014	1 x Notification under section 70a; Lot 538-40 Griffin Street West Beach
30 June 2014	3 x Copies of the Building Grant Agreement for the Salmon Gums Development Group Inc. Issued by Lotterywest	Council Resolution O0813-041
July 2014
1 July 2014	1 x Residence Certificate for Jeanette Rose M Cliff - Enderli
1 July 2014	2 x Lease – Surefire Enterprises Pty Ltd Trading as Jetty Car Hire	Council Resolution O1213-004
17 July 2014	3 x Copies – Deed of Variation and Extension of Lease Portion of Esperance Airport. BP Australia Pty Ltd
24 July 2014	2 x Copies of Lease – Esperance Goldfields Surf Lifesaving Club (Inc)	Council Resolution O1213-005
29 July 2014	3 x Transfer of land Lot 279 Walmsley Street, Esperance
August 2014
22 August 2014	2 x Lease – Esperance Mountain Bike Assoc.	Council Resolution O0714-040
September 2014
12 September 2014	3x Lease – Esperance Airport – Andrew Jamieson Young and SEAA Pty Ltd	Council Resolution O0614-020
23 September 2014	17 x Grant of Right of Burial; 2704, 2703, 2700, 2714, 2716, 2720, 2719, 2717, 2722, 2723, 2726, 2725, 2727 & 82, 83, 271, 272
26 September 2014	3x Local Planning Scheme No 23 Amendment No 14
October 2014
1 October 2014	3xLease – Esperance Airport Hangar 1 – Rolland/Burns
14 October 2014	1x Lease Esperance Football Club
November 2014
17 November 2014	1x Section 70a Notification – Anglican School Site – Lot 691 (5) Griffin Street Esperance
December 2014
1 December 2014	Financial Assistance Agreement - Royalties for Regions – department of Regional Development – CLGF 2012/2013 Individual Allocation
3 December 2014	2 x Lease – Cathy Morehu – Esperance Tanker Jetty Mobile Food Van Site No 3
3 December 2014	2x Lease – Lara McIntyre & Shane Gillen Esperance Tanker Jetty Food Van Site No 1
3 December 2014	2x Surrender of Lease - Lara McIntyre & Shane Gillen
16 December 2014	2x Lease – Donna Hutchison – Old Station Masters Building
16 December 2014	2x Lease Mario Abrham – S’Juice Mobile Food Van Site 4 Esperance Tanker Jetty
22 December 2014	3x Lease – Assignment – Extension – Old School Master’s Residence – Museum Village
23 December 2014	1x Financial Assistance Agreement – The Shire of Esperance & Esperance Indoor Sports Stadium management Committee (Inc)
January 2015
12 January 2015	3x Lease – Twilight Beach Food Van
20 January 2015	2x Lease – Esperance Bakery Food Van
23 January 2015	2x Lease – Esperance Play Group Assoc 2x Lease – Esperance Community Arts
February 2015
3 February 2015	2x Lease – Esperance Indoor Sports Management Committee (Inc)
17 February 2015	2x Lease – Esperance Cycling Club (Inc)
19 February 2015	29x Grant Right of Burials; 2679/2736, 1454/2753, 2752, 2566/2571, 2749, 1757/2745, 2744, 2741, 2740, 2739, 2257/2738, 2485/2737, 2735, 2734, 2733, 2730, 2729, 2728,2724,2721,2409/2656,2129/2759, 2755, 2757,2732 & Res 84, 273, 276
March 2015
10 March 2015	2x Section 70a Notification – Lot 6 & 7 on deposited Plan 400375
13 March 2015	2x Lease – Lot 61 Dempster Street – Old Methodist Church – Annie Smith
17 March 2015	2x Section 70a Notification – Lot 13 on Deposited Plan 400360
20 March 2015	1x Transfer of Land – Lot 288 – Deposited Plan 69443
20 March 2015	2x Appointment of Settlement Agent for Seller – Disbursement Authority – 288 Hillier Ave
25 March 2015	2x Surrender of Lease – Surefire Enterprises Pty Ltd 4x Transfer of Land 111 ^ 112 Synott Street Esperance
	2x S70a Notification – Lot 302, 84 John Street Esperance
April 2015
16 April 2015	GVROC/HP Funding Agreement – LED Project 1x Section 70a Notification – Lot 360 ( 6 ) Adelaide Close Esperance
21 April 2015	1x Transfer of Land 45 Thistle Ave, Bandy Creek 2x S70a Notification – 5148962 folio 776 Subdivision – Neil Allan Hoey
28 April 2015	2x S70a Notifications 729 South Coast Hwy, Munglinup Transfer of Land 111 & 112 Synott Street West Beach Esperance – Appointment of Settlement Agent
May 2015
14 May 2015	4x 2 S70a Restrictive Covenant of Node Impacted Development & Sewer Issues – The Anglican Schools Commission 2x Lease – Esperance Pleasure Riders (Inc)
15 May 2015	3x Assignment of Lease – Tanker Jetty Mobile Food Van Site No 1
25 May 2015	2x Lease – Old Doctors Surgery – Museum Village 1x Certificate of Residence – Janette Rose M Cliff- Enderi 1x Deed of Variation – Community Energy Efficiency Program – Funding Agreement
June 2015
11 June 2015	3x Lease – Esperance Pistol Club (Inc)
16 June 2015	2x Lease – Esperance Soccer Association
17 June 2015	17x Granted Right of Burial; 2775, 2767, 2766, 2748, 1452/2750, 2761, 2756, 2762, 2758, 2776, 2765, 2768, 2744 Reserve # 287, 280, 277, 119 1x Transfer of Land Lit 39 Shark Lake Road, Monjinup
19 June 2015	1x DRD FAA GVROC Regional Energy Project (Resigning of the Original)
26 June 2015	2x Lease – Esperance Tennis Club (Inc)
July 2015
1 July 2015	Notification 70a – Lot 13 & 14 on Deposited Pan 406215

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

a.	Corporate Business Plan - Summary of Changes
b.	Draft Corporate Business Plan 2015/16 - 2018/19

Old Page	New Page	Details
9	2	Moved Vision, Values and Corporate Mission to front of document
iii	3	Foreword – new combined foreword written
	4-5	Our location – basic overview of our location including stats
6	6	Integrated Planning and Reporting Framework
10	7	Key drivers and challengers facing the shire (changes reflect the April workshop with Council)
	8	Council’s priority, priority projects and major projects underway (changes reflect the April workshop with Council)
13	10	Individual photos of current Councillors and CEO instead of group photo
12	11	The Role of Council and the Shire and Shire Services combined on to one page. This has removed the introduction paragraph with respect to the Role of Council and the Shire and the old organisational structure with associated breakdown of services.
16-17	12-13	The following have been removed from the Organisational SWOT: Weaknesses – · Risk management procedures are still in development – These have been developed · There are critical staffing gaps within a number of departments – These gaps have been rectified · Limited availability of rental accommodation for new staff – rental accommodation shortages are not longer an issue for the Shire Opportunities – · Develop a borrowing strategy to equitably fund new infrastructure projects – A Revenue Strategy was endorsed by Council and encompasses borrowing strategies · Esperance identified as a SuperTown, providing for larger funding sources and promotional activities – the projects listed under our SuperTowns funding have all been completed, there is no future funding under the SuperTowns program · Utilise new Council to bring new ideas to the table – New ideas can be raised at any time regardless of time served on Council · Review of Council Committees to see efficiency gains in governance – Review was undertaken and completed · Develop risk management plans – These have been developed · Develop community engagement strategy to ensure the community is involved where possible – Engagement Strategy has been endorsed and implemented The following have been amended from within the Organisational SWOT: Weaknesses – · Communication with community needs improving with utilisation of other forms of communication to reach all sectors of the community – Communication methods need constant review to meet changing community expectations Opportunities – · Restructure the organisation to be more effective and address critical skill gaps – Fine tune organisational restructure to address critical skill gaps · Re-brand Esperance to increase tourism and economic development - Promote Esperance Brand to increase tourism and economic development
19	14	Risk Management – no change Key Organisation Risks – removed · Lack of plan in place to deal with business continuity across the organisation – as the Business Continuity Plan has been developed
20	14-15	Asset Management – Building Asset Management Plan has been finalised and has been moved from the considered list to the developed list
21	15	Workforce Planning – remove last four paragraphs referring to the ‘review of the organisation structure’
23-24	15-16	Workforce requirements – insert new table (data from the Long Term Financial Plan)
25	17	Long Term Financial Planning – no change Global Assumptions – change · population growth to 0.2% · maintain or progress towards meeting capital cost that are in line with asset managements plans
27	18	Activating the Strategic Community Plan – no change
	19	Add Our Themes and Goals
28-37	20-31	Pg 20-25 – Outlines the Goals – Strategies – Outcomes – Key Actions Pg 26-64 – Summarises priority projects/actions and provides indicative costs for actions for the next four years
	20	Delete – Advocate for improved access to health services and Advocate for improved higher education access and facilities Replace – Advocate for improved access to non local government services
	22	Delete – Construct records office extension (completed)
	31	Delete – $18,812,000 p/a Replace – $2,315,500 p/a
38	32	Financial Position Summary – insert new table (data from the Long Term Financial Plan)
40	34	Implementation Process – No change
41	35	Monitoring Our Progress – amend last paragraph to reflect current practises

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

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

a.	Minutes - Lake Monjingup Community Development Group
b.	Minutes - Esperance Museum Management Committee