Agenda of Ordinary Council

Ordinary Council: Agenda

25 August 2015 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 25 August 2015

COMMENCING AT 4pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr M Heasman President Town Ward

Cr V Brown Deputy President Rural Ward

Cr N Bowman Rural Ward

Cr K Hall Town Ward

Cr R Horan Town Ward

Cr B Parker Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Resources

Mr G Harris Director Asset Management

Mr T Sargent Director External Services

Mr R Hindley Executive Manager - Statutory Division

Mrs H Hall Executive Assistant

Miss S Fitzgerald Administration Officer

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr P Griffiths Town Ward Granted leave of absence

Cr L McIntyre Town Ward Granted leave of absence

Cr B Stewart, JP Town Ward Apology

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 28 July 2015, and the Special Council Meeting of the 20 August 2015 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services - Statutory Division

Item: 12.1.1

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

Author/s	Richard Hindley	Executive Manager - Statutory Division
	Jon Creedon	Town Planning Officer
Authorisor/s	Terry Sargent	Director External Services

File Ref: D15/18395

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 showing a proposed amendment as well as accurate dimensions of how the Outbuilding has been constructed are included in Attachment A. Photographs of the Outbuilding are included in Attachment B.

This item was considered by Council at its July Ordinary Council Meeting where it was resolved (O0715-009):

That Council lay the matter on the table to allow further negotiation between all concerned parties.

The reason for this decision was to determine if a compromise between the proponent and objector could be brokered by Shire Staff.

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 exceeds 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 protected 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.

It should be noted that the original approval issued for the outbuilding (DA 10.2014.2580.1):

· A wall height of 3.4 metres; and

· A ridge height of 4.105 metres height.

The wall height is 0.25m in excess of what was approved under the original approval.

The ridge height is 0.25m in excess of what was approved under the original approval.

A modified plan was proposed removing the sheets under the verandah (Attachment A).

The enclosed portion of the outbuilding is proposed to accommodate a boat. The current length of the outbuilding only just caters for the length of boat that is housed.

The neighbouring landowner objected to the amended proposal on the following grounds:

Objection	Design Principles	Officer’s Comment
Very little concession other than to remove the colourbond on the verandah	N/A	The 1.2 metres of Colorbond sheeting which partially enclose the verandah are proposed to be removed as part of this application. This has been done to reduce the bulk of the development.
We do not agree to the current height of the walls and the apex of the roof, nor the length of the shed at 9.5m	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 255mm 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 255mm 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. It should be noted that the 1.2 metres of Colorbond sheeting included on the present plans and which partially enclose the verandah are proposed to be removed. There is a gap of 1.85 metres between the cladding and the fence and although it does have bulk it cannot be construed as a solid wall.
Insist Mr King adheres to what he had DA approval for in fairness to all concerned	N/A	The proponent has taken the option to seek retrospective approval. This is one option that is open to anyone that has undertaken development without authorisation.
Overshadowing on Lot 61 is substantial due to the almost northerly aspect of Lot 59.	Part 5.4.2 P2.2 – Development designed to protect solar access for neighbouring properties taking account the potential to overshadow existing: · Outdoor living areas; · North facing major openings to habitable rooms, within 15 degrees of north in each direction; or · Roof mounted solar collectors.	As per 5.4.2 C2.1 of the Residential Design Codes, development on a lot of this zoning must be designed so that its shadow cast at midday, June 21 onto any adjoining property does not exceed 25% of the site area. The Outbuilding does not prevent compliance with the Deemed-to-Comply standards of the Residential Design Codes and does not result in an overshadowing issue as defined by the Residential Design Codes.
Believe Mr King has installed water tanks just inside his property that extend to a height above the fence-line	N/A	This has been noted and will be investigated in accordance with the Planning Compliance Local Planning Policy.
Comment from local residents has recently been made that oversized sheds are creating an industrialized look to the estate	N/A	Noted

The Local Planning Policy: Outbuildings states:

Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes

Applications for outbuildings that do not comply with the above development requirements will be assessed on a case by case basis and may be permitted subject to the following matters being taken into account in the assessment process:

· Demonstration that the larger size is required to satisfy specific domestic needs;

· The outbuilding will not reduce the amount of open space required by Table 1 of the Residential Design Codes (April 2008);

· The outbuilding being sited behind the front setback line for the dwelling;

· Use of non-reflective materials on the outbuilding and/or adequate screening from the road and neighbouring properties being provided; and

· Comments from the affected adjoining landowner’s.

The Policy also states:

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.

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:

- 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 original retrospective application. One objection was received from the owner of Lot 61 (17) Hastings Crescent on 29 June 2015.

In response to the Council resolution the proponent proposed a modification to the constructed outbuilding by removing the sheets under the verandah (Attachment A). This amended plan was sent to the objector who provided comments objecting to the proposal on 31 July 2015.

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

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 .	Amended 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

25 August 2015 Page 41

Item: 12.2.2

Esperance Visitor Centre Management

Author/s	Terry Sargent	Director External Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D15/18525

Applicant

N/A

Location/Address

N/A

Executive Summary

To further consider options for the management of the Esperance Visitor Centre

Recommendation in Brief

That Council invite Tourism Esperance to meet with it to clearly define the preferred role of the Esperance Visitor Centre and draft terms of reference for a management committee.

Background

At its June meeting, Council resolved to:

1. Thank Tourism Esperance for the effort and energy they put into the creation of a business plan to enable Council to consider an industry managed visitor centre model.

2. Request the CEO to advise Tourism Esperance that Council believes that the operations of the Esperance Visitor Centre will continue as a Council operation until a new model is developed in consultation with Tourism Esperance.

3. Request the CEO to investigate potential service delivery models, including a contract services model, for delivery of visitor services.

4. Request the CEO to report to Council on the options for Tourism Esperance to participate in a management or advisory committee with Council in regards to the provision of visitor services in Esperance.

The potential service delivery models considered at the time were summarized as 3 broad options presented in the table below.

Management Option	Advantages	Disadvantages
Operated by Tourism Esperance	· Industry takes responsibility for operations. · Service Level Agreement can result in set outcomes in return for Council’s contribution. · Operational risk may be reduced. · Potential for quicker responses to changes in market.	· Current proposal requires increased financial contribution by Council. · Expectation that Council will be ultimately responsible for service continuity. · Potential damage to SoE brand if poorly managed (perception that it is a Shire facility is likely to continue). · Loss of control over management practises. · Changes in committee members or key personnel can significantly change Tourism Esperance’s ability to manage facility.
Shire Continues to Manage	· Council maintains control of management. · Service levels can be determined by Council. · Opportunity is maintained to utilise other Council facilities/operations to leverage efficiencies (e.g. collocation with other facilities). · Council maintains decision-making power over operations and annual budget.	· Challenge to encourage and stimulate close responsive relationship with the tourism industry. · Council is bound by certain restrictions to its decision-making process. · Council alone bears all operational risk.
Tender Management Out	· Control over operations through contract specifications. · Minimises operational requirements. · Potential to minimise costs to Council as prospective managers enter competitive tender process.	· Loss of control over operational management practises. · Reduced ability direct change of emphasis if community expectations/ requirements don’t align with the management entity. · Potential for successful tenderer to deliver minimum service level as per contract rather than responding to community needs. · Potential damage to SoE brand if poorly managed (as perception that it is a Shire facility is likely to continue).

Officer’s Comment

A closer examination of other visitor centres in WA and interstate suggests that is not the management model, but rather the quality of the contract, scope of works, contractor and local government oversight that determines the success of visitor centres. There are unfortunately, numerous examples of visitor centres where the management had been contracted out, only to have that responsibility resumed by Council at a later date. In the case of the Sale Visitor Information Centre, the operation returned to Council control when Council was able to capitalize on funding opportunities and co-locate the centre in a new development in their tourist precinct, but in others the external service provider simply failed to meet the council’s requirements. While an independent contractor, operating within a well defined scope of works should be able to manage the EVC on behalf of Council, the shortage of successful relevant examples elsewhere suggests there are serious risks to be addressed before embarking on this model and that pursuing part 4 of the Council’s resolution (above) may be preferable.

Discussions have been initiated with representatives of Tourism Esperance. They confirmed that within the currently available funding and with the resources available to it, Tourism Esperance would not be willing to consider a contract to manage the EVC.

Tourism Esperance was however committed to working to ensure that the EVC operated to more effectively promote the interests of the local tourism industry. And with that in mind a series of meetings and discussions were undertaken to explore how that may be possible within the constraints on Council. As the issues affecting all parties were considered it became apparent that what Tourism Esperance could offer could meet many of the Shire’s needs in this area and what the Shire could bring to the table would assist Tourism Esperance in achieving its objectives.

The matrix below very briefly summarizes what each party could bring to a “partnership” and what each would require from any such arrangement.

Shire	Tourism Esperance
Assets
· Access to venue and potential revenue streams · Promotional opportunity for local product and services · Existing Council funding · Access to possible government funding · Stock, fittings and “goodwill” that comes from existing operation – brand and I.P. · Admin and IT support · Network/association with other centres · Existing contracts (Coach and National park tickets – Authorised Visitor Centre status · Insurance cover for volunteer workforce	· Insight to industry needs and emerging product · Communication established with the industry through established newsletter etc · Membership base – with revenue · Existing holiday guide – promotional tool
Requirements
· Financial accountability (local govt) · Demonstrated value for money · Certainty in expenditure growth and preferably a reduction in expenditure. · Closer relationship with industry · Input from industry to set direction · Representation to promotional bodies and or events	· More effective marketing / promotion of local product/services · A single membership/fee structure · Genuine input into management of EVC · Support for new product development · Proactive long term/strategic vision · Revenue stream eg “bed tax” or differential rating · Coordination of volunteers eg Cruise ship servicing · Not to Co-locate with the Museum or other Council facility without extensive analysis.

Tourism Esperance indicated no interest in a role on an advisory committee but on the basis of our common interests and the ability of each party to contribute to improved management of the EVC it was agreed that a properly constituted management committee was an option worthy of further consideration.

Irrespective of whether Council proceeds to invite expressions of interest from an independent private sector manager or establishes a properly constituted management committee with membership drawn from Council, Tourism Esperance and/or other industry or community representation, it will be necessary to establish clear terms of reference that will meet the expectations of all stake holders.

To that end it is recommended that Tourism Esperance be invited to meet with Council to clearly define the preferred role of the EVC and draft terms of reference for a management committee for the EVC or alternatively, Tourism Esperance could be invited to meet with Council to clearly define the preferred role of the EVC and help draft the scope of works for an expression of interest.

Consultation

In order to arrive at these recommendations briefings and discussions have been held with representatives of Tourism Esperance and information gathered from a representative sample of Visitor Centre’s around Western Australia and interstate.

Financial Implications

There are no immediate financial implications arising from the Officer’s Recommendation, however the recommendation.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Advocate and plan for population growth and diverse residential and economic development in a sustainable manner

A growing Shire supported by improved job opportunities and diversity in our industries, businesses and housing

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation

That Council Invite Tourism Esperance to meet with it to clearly define the preferred role of the Esperance Visitor Centre and draft terms of reference for a committee to manage the Esperance Visitor Centre.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2015 Page 45

12.3 External Service - Community Division

Nil

12.4 ASSET MANAGEMENT

Item: 12.4.1

Final Concept Design - Esperance Skate Park

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

File Ref: D15/18109

Applicant

Asset Management

Location/Address

Reserve 27318 William Street, South of Boat Ramp

Executive Summary

This report presents the final concept design for the Esperance Skate Park.

Recommendation in Brief

That Council direct the CEO to commence the tender process for the Design and Construct Esperance Skate Park based on the concept design contained in Convic’s Final Concept Design Report..

Background

Consultants, Convic, have been engaged to undertake public consultation to develop a concept plan for the replacement of the existing skate park located near Adventureland Park. In April, Convic produced a Site Selection Report that outlined the site selection process and criteria considered to form a successful youth space, summarises the results and recommends a preferred location for the new skate facility. Following the first round of public consultation the report (pre design concept report) was presented to Council with the preferred site being the foreshore area located between the town boat ramp and the Yacht Club. The pre design community consultation also collected information in regards to the elements of skating that the users wished to see incorporated into the concept design.

After the site selection and pre design community consultation, the next step in the process was further community consultation ultilising Convic on 23 July 2015. Prior to the community consultation sessions, the Draft Concept Report was available to community members for comment. At the consultation sessions Convic presented the Draft Concept Report to Council and the community seeking feedback and exploring the skate elements that contribute to the design of the new facility. Three (3) consultation sessions were held including two (2) community workshops and a briefing session with members of Council and Executive of the Shire. In all approximately 55 people attended the sessions.

Officer’s Comment

In regards to changes made to the original concept plan Convic’s report states –

As a result of further community consultation a number of changes were undertaken while developing the draft concept design. The inclusion of the feedback and design amendments suggested by the community ensures that the community has a degree of stewardship/ownership over the facility. This results in a richer environment for the members of the public using the facility.

The major change to the skatepark design was a result of the community wanting a bigger, more advanced street section. The draft concept included a number of street obstacles that were tailored to more to the beginner to intermediate skill level. The reduction of the open bowl area allowed for a bigger street section and the inclusion of more advanced obstacles. This results in a facility that has a more even mix of transition and street style elements. Pool coping was raised with the community during the draft concept consultation and as a result was added to the enclosed bowl.

Amendments to the landscaping throughout the development of the draft concept design were minor in nature and were a result of comments and discussions with the community. A number of softfall and turf mounds in the south were rectified to allow for small BMX runs to be included in the concept. Garden bed and turf mound geometry was readjusted to suit the waterfront master plan while some areas were amended as a result of the skate layout changing.

During the draft concept consultation it was outlined to the community that if skate obstacles/elements were to be added to the facility then something would need to be removed. This was generally understood by the community and as a result the final concept design has not grown in overall size.

The above changes reflect the comments that were received during the community consultation process and allow the Shire to deliver a new skate facility within the allocated budget.

The next part of the process will be for Council to endorse the Final Concept Design Report and proceed to Tender for the Design and Construction of the Esperance Skate Park in accordance with Final Concept Design Report. Upon endorsement of the final concept design officers will advertise the document within the community. This will allow the community to view the results of their involvement within the design and consultation process.

Consultation

Convic undertook community consultation on 23 July 2015 presenting the draft concept report and seeking feedback from users.

Financial Implications

Following the consultation phase Council has $664,289, remaining from the 2012/13 Country Local Government Fund allocation, included in the 2015/16 Budget. Officers have successfully completed an Expression of Interest process with Lotterywest for a further $415,000 of funding to the project. The Shire has had the EOI accepted and been asked to proceed to a full application for the funds. The result of this funding application will be known in November 2015.

Should the funding application not be successful then the project can be undertaken in 2 stages with stage 1 consisting of the concrete works to a value of $768,000 while stage 2, the landscaping works, is valued at $311,575.Therefore the total project is valued at $1,079,575.

Officers will await the outcome of the Lotterywest application prior to going to tender to allow for the staging of the works if required.

Asset Management Implications

	Capital	Annual	Comments
Capital	1,079,575
Interest (economic cost)		43,183	4% pa
Depreciation (ongoing costs)		53,978	Over 20 years
Maintenance (ongoing cost)		20,000	Including operational costs
Total		117,161	Per year

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

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

Social

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

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

Economic

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

Environmental Considerations

Nil

Attachments

Final Concept Design Report - Convic

Officer’s Recommendation

That Council

1. Endorse the Esperance Skate Park Final Concept Report as prepared by Convic.

2. Distribute the Esperance Skate Park Final Concept Report to the community

3. Direct the CEO to commence the tender process for the Design and Construction Esperance Skate Park based on the concept design contained in Convic’s Final Concept Design Report.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2015 Page 91

12.5 Corporate Resources

Item: 12.5.1

Land Lease from Horizon Power

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

File Ref: D15/14319

Applicant

Shire of Esperance

Location/Address

Executive Summary

For Council to consider entering into an agreement with Regional Power Corporation trading as Horizon Power to lease a portion of Lot 679 Harbour Road, Chadwick for storage of materials for the Works Depot.

Recommendation in Brief

That Council subject to the approval of the Minister for Lands agrees to enter into a lease agreement with Regional Power Corporation trading as Horizon Power for portion of Lot 679 Harbour Rd, Chadwick for a term of 5 years.

Background

Depot facility upgrades to the Administration and Dog Pound are expected to commence in the near future. To allow adequate space for the construction whilst still functioning as a Works Depot, additional space would be required as a temporary storage area.

Preliminary negotiations have taken place with Horizon Power for the Shire to utilize an area of land adjacent to the existing Depot and they have verbally agreed to lease the land to the Shire for a period of 5 years for the amount of $1.00.

The land has been classified as ‘Contaminated – remediation required’ under the Contaminated Sites Act 2003 by the Department of Environmental Regulation (DER). Horizon have provided a ‘Land Owner’s Disclosure before Completion of Land Transaction - Form 6 [r.34]’ as required under the Contaminated Sites Act 2003, section 68 (attached).

The information provided states that “as the site has historically been used as a power station, land that has the potential to cause contamination”. The nature and extent of contamination indicates that hydrocarbons and heavy metals are present in soil across the site; and hydrocarbons and polycyclic aromatic hydrocarbons (PAH) are present in groundwater in a plume that extends under the site.

The restrictions on use are that:

· “A site-specific health and safety plan is required to address the risks to the health of any workers undertaking intrusive earthworks until further notice”; and

· “Groundwater abstraction (other than for analytical testing or remediation) is not permitted at this Site because of the nature and extent of groundwater contamination.”

Officer’s Comment

The Shire does not intend to undertake intrusive earthworks on the land. The site will be used for material storage and laydown purposes only; and no groundwater abstraction is intended for this site.

The Shire’s OSH / Risk Management Officer will be able to create a site specific health and safety plan prior to Shire staff using the site.

It is anticipated that during the proposed lease term of 5 years, the Shire will enter into negotiations with Regional Power Corporation and the Department of Lands with regard to re-amalgamating this portion of Crown Grant in Trust land (Lot 679) into the existing Shire Depot site (Lot 320, Reserve 27526).

The lease has been reviewed and approved by Clayton Utz on behalf of Regional Power Corporation. The agreement process is relatively simple and straightforward, it is however considered to be challenged by way of the contaminated land issue. To ensure the protection of Council’s interest in the matter, the document has been forwarded to McLeod Barristers & Lawyers to review and recommended that the CEO be authorised to negotiate any minor changes as recommended by the Shire’s lawyers.

Consultation

McLeod Barristers & Lawyers

Clayton Utz

Shire of Esperance Asset Management

Shire of Esperance OSH / Risk Management Officer

Financial Implications

The rent on this property is $1.00 as and when demanded by the Lessor. Each party will be responsible for their own legal costs in connection with negotiation, preparation and execution of the Lease. McLeod Barristers & Lawyers have been requested to review the document on behalf of the Shire and have negotiated the Lease with Clayton Utz.

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997 - Section 75(6) Transfer of Crown Land subject to conditions that need Minister’s Approval

Local Government Act 1995 – Section 9.49A Execution of Documents

Contaminated Sites Act 2003 – Section 68

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

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

4.2 Maintain a clear, transparent and ethical decision making process

Corporate Business Plan 2013/2014 – 2016/2017

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

4.5.12 Manage Shire leases and insurances

Environmental Considerations

The environmental considerations arising from this report are that the land be used only for storage and laydown area and that no intrusive earthworks or groundwater abstraction take place whilst the land is leased to the Shire (other than for monitoring processes).

Attachments

a.	Form 6 - Land Owner's Disclosure Before Completion of Land Transaction - Confidential
b .	Draft Lease - Regional Power Corporation t/as Horizon Power - Harbour Rd - Confidential

Officer’s Recommendation

That Council;

1. Acknowledges that the proposed lease area is a contaminated site at the time of entering into the lease and that Regional Power Corporation trading as Horizon Power is responsible for remediation of the area;

2. Agrees to enter into a lease agreement with Regional Power Corporation trading as Horizon Power for a portion of Lot 679 Harbour Rd, Chadwick, subject to Ministerial approval;

3. Agrees that the term of the lease be 5 years with a consideration of $1.00 (inclusive of GST) as and when demanded by the Lessor; and

4. Authorises the CEO to negotiate any minor changes to the lease, and to execute the deed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2015 Page 94

Item: 12.5.2

Policies Review - Corporate Resources

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

File Ref: D15/17719

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the section of the Policy Manual that relates to Corporate Resources.

Recommendation in Brief

That Council adopt new Computer and Mobile Device Policy and endorse the Corporate Resources section of the Policy Manual inclusive of amendments, inclusions and deletions as reviewed.

Background

A review of the Council Policy Manual is recommended for every 2 years, in line with Council elections, to ensure that the Policies are in keeping with community expectations, relevance and current requirements.

Officer’s Comment

The current Policy Manual is quite a large in its entirety, almost 300 pages; the task to review the complete manual would have been quite onerous and as such the decision was made to break the manual up and review each directorate, one at a time.

It is anticipated that the current review will entail many amendments for consideration due to both the timeframe since the last review and other changes that have occurred throughout the recent organizational restructure. The opportunity is also being taken to refine the Policy Manual; this will entail removing many existing policies that would better be classified as operational protocols and relocate them to a supplementary Management Practices Guidebook.

An entirely new Policy is being introduced as part of this review; COR 015 Computer and Mobile Devices Policy. The need for this Policy was identified during the recent review of the Risk Management Policy, it was identified that there wasn’t a clear policy in place surrounding the Shire’s computing resources and mobile devices. Although an Email and Internet Usage agreement is signed by all new employees, it was somewhat dated and didn’t cover changes in technology with mobile devices such as “smart” phones and tablets. Being that this is a new policy the associated Codes of Practice have been included as Attachments B & C. These and other associated supplementary documents will be included into the new Management Practices Guidebook.

The following is a summary of recommended amendments to the existing Corporate Services section of the Council Policy Manual, including the change of department name to Corporate Resources (see Attachment A for details);

Policy Name	New Ref No.	Recommended Amendment
Corp 001: Bushfire Management	ASS 018	Will be included in Asset Management Policy Review
Corp 002: Financial Management	COR 002	Investment Funds Liquidity changed from 10 to 30 days.
		Remove option for investing in Cwlth & State Govt A-1 for greater than 1 year – contradictory to Prohibited Investment paragraph.
Corp 003: Museum Park Building Lease Arrangements	COR 003	Point deletions as recommended by Council
Corp 004: Building & Property Leases	COR 004	Removal of unnecessary background wording
		Update to current names and titles
		Removal of cleaning requirements
Corp 005:Recreational Activities on Council Foreshore	EXT 007	Will be included in External Services Policy Review
Corp 006: Commercial Wildflower Harvesting	ASS 019	Will be included in Asset Management Policy Review
Corp 007: Procurement Policy	COR 007	Removal of wording from ‘Authorising Officer’ paragraph
		Update job titles and monthly credit card limits
		Insert wording under ‘Tenders’ as required in Regs.
Corp 008:Asset Management	ASS 020	Will be included Asset Management Policy Review
Corp 009: Records Management	COR 009	Rewritten for current practices
Corp 010: Complaints Handling	COR 010	Removal of Customer Feedback Form (to be included in Supplementary Management Practices document.
		Change Executive Manager to Director
Corp 011: Records Management – Elected Members	DELETED	Remove and incorporated into Corp 009: Records Management
Corp 012: Reserve Funding for Community Halls	COR 012	Change to program name
Corp 013: Debt Collection	COR 013	Unchanged
Corp 14: Public Land Improvement Licence	COR 014	Unchanged
COR 015: Computer and Mobile Device Policy	COR 015	New Policy - replaces the outdated Email and Internet Usage agreement

Consultation

Middle Management Team

Shire Directors

Shire Managers

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 s.2.7(2)(b) ‘determine the local government’s policies.’

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.14 Coordinate the review of Policy Manual.

Environmental Considerations

N/A

Attachments

a.	Corporate Resources Policy Review
b.	Computer Usage System - Code of Practice
c.	Mobile Devices - Code of Practice

Officer’s Recommendation

That Council;

1. Adopt COR 015: Computer and Mobile Device Policy; and

2. Endorse the Corporate Resources section of the Policy Manual inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2015 Page 191

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

27/07/2015 14679 C T Scoble S513 Lot: 16 Pln: 210688 New Building Occupancy Permit ‑ Steel Steel Concrete 1 288.0

8 Brockman Street Sampson Street Classes 2‑9

ESPERANCE WA 6450 MONJINGUP

29/07/2015 15154 Dixon Construction Lot: 163 Pln: 8296 Alterations Dwelling ‑ Single Brick, Steel Concrete 1 54,500.00

71 The Esplanade 3 Foy Street veneer

ESPERANCE WA 6450 ESPERANCE

29/07/2015 15474 A C Daw Lot: 944 Pln: 50981 New Building Garage/Shed Brick, Steel Concrete 1 54.0

5 Gunton Circle 21 Chantilly Circuit double

CASTLETOWN WA 6450 CASTLETOWN

KJ Norton Building Company

10/07/2015 15588 Lot: 126 Pln: 173971 New Building Occupancy Permit ‑ Brick, Steel Concrete 1 500.0

5 Kiwi Close Esperance WA 6450 Moore Street Classes 2‑9 double

SALMON GUMS

14/07/2015 15709 Wrinkly Tin & Cladding Company Lot: 154 Pln: 1853 New Building Retaining Wall Concrete 1 8,700.00

Pty Ltd 13 Phyllis Street

3 Corry Street CASTLETOWN

ESPERANCE WA 6450

08/07/2015 15777 Vermey Building Company 10647 S/L: 2 S/P: 19492 Alterations Retail Building Steel Not Concrete 1 37.0 15,000.00

11 Hill Street 5 James Street Specified

CHADWICK WA 6450 ESPERANCE

24/07/2015 15841 Ocean View Carpentry Lot: 828 D: 86984 New Building Garage/Shed Steel Steel Concrete 1 36.0

10 George Street 48 Westmacott Street

SINCLAIR WA 6450 CASTLETOWN

New Building Retaining Wall Concrete 1 3.0

06/07/2015 15850 Glen Echo Pty Ltd ‑ Timmins & 9556 Lot: 7 Pln: 9302 New Building Occupancy Permit ‑ Brick, Steel Concrete 1 24.0

Timmins 27 Andrew Street Classes 2‑9 double

4 Hill Street ESPERANCE

CHADWICK WA 6450

16/07/2015 15876 Ryan Dixon PTY LTD T/A Dixon 14605 S/L: 2 S/P: 33929 Refurbishme Occupancy Permit ‑ Concrete or Steel Concrete 1 674.0

Construction 2/69 Windich Street nt Classes 2‑9 stone

The Esplanade ESPERANCE

Esperance WA 6450

08/07/2015 16001 ESM Manufacturing Group Lot: 74 Pln: 57159 New Building Garage/Shed Steel Steel Concrete 1 57.0 16,623.00

75 Norseman Road 20 Remark Drive

CASTLETOWN WA 6450 CASTLETOWN

03/07/2015 16007 Ryan Dixon PTY LTD T/A Dixon 14605 Lot: 12 Pln: 9302 Alterations Occupancy Permit ‑ Brick, Steel Concrete 1 30.0

Construction 77 Windich Street Classes 2‑9 double

The Esplanade ESPERANCE

Esperance WA 6450

06/07/2015 16024 B J Trocinski Lot: 52 Pln: 16372 Alterations Garage/Shed Steel Steel Concrete 1 223.0 15,000.00

Lot 52 Goldfields Road 1 Kiwi Close

CASTLETOWN WA 6450 CASTLETOWN

21/07/2015 16047 G.J. Gardner Homes 13090 Lot: 956 Pln: 52175 New Building Dwelling ‑ Single Brick, Steel Concrete 1 495.0

22B Andrew Street 43 Chantilly Circuit veneer

ESPERANCE WA 6450 CASTLETOWN

10/07/2015 16048 P J Neilson Lot: 251 Pln: 11084 New Building Garage/Shed Steel Steel Concrete 1 48.0 7,000.00

43 Magnolia Crescent 43 Magnolia Crescent

CASTLETOWN WA 6450 CASTLETOWN

New Building Retaining Wall Concrete or 1 10,000.00

stone

Alterations Patio Steel Steel Concrete 48.0 3,000.00

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

13/07/2015 16066 P M Renfrey Lot: 6 D: 63016 New Building Patio Other Other Concrete 1 18.0 16,000.00

3 Morton Way 83 Collier Road

NULSEN WA 6450 PINK LAKE

15/07/2015 16072 B J Sylva Lot: 258 Pln: 69443 New Building Garage/Shed Steel Steel Concrete 1 54.0 14,000.00

38 Thistle Avenue 38 Thistle Avenue

BANDY CREEK WA 6450 BANDY CREEK

03/07/2015 16078 Glen Echo Pty Ltd ‑ Timmins & 9556 Lot: 1062 Pln: 400374 New Building Dwelling ‑ Single Timber Steel Concrete 1 170.0 234,660.00

Timmins 10 Waterlily Way

4 Hill Street CASTLETOWN

CHADWICK WA 6450

22/07/2015 16079 P J Freeman Lot: 16 Pln: 46110 Alterations Patio Timber Steel Concrete 1 60.0 18,500.00

61 Burton Road Downes Street

CASTLETOWN WA 6450 PINK LAKE

14/07/2015 16084 M T Withers S1044 Lot: 856 Pln: 49174 Alterations Patio Steel Concrete 1 35.0 20,000.00

3 North Road 199 Goldfields Road

CASTLETOWN WA 6450 CASTLETOWN

15/07/2015 16085 I S Mumme Lot: 869 Pln: 48790 New Building Patio Steel Steel 1 42.0 12,000.00

3 Corry Street 5 Alexander Drive

ESPERANCE WA 6450 CASTLETOWN

16/07/2015 16091 M G Williams Lot: 128 Pln: 42943 New Building Garage/Shed Steel Steel Concrete 1 162.0 39,000.00

Address Unkown Eleven Mile Beach Road

PINK LAKE

09/07/2015 16095 J M Tolhurst Lot: 869 Pln: 48790 Alterations Dwelling ‑ Brick, Tiles Concrete 1 1,000.00

5 Alexander Drive 5 Alexander Drive Temporary double (concrete

CASTLETOWN WA 6450 CASTLETOWN Accommodation tiles)

13/07/2015 16096 Wrinkly Tin & Cladding Company Lot: 15 Pln: 9823 New Building Retaining Wall Concrete or Concrete Concrete 1 9,880.00

Pty Ltd 20 Wegner Drive stone or slate

3 Corry Street ESPERANCE (slab)

ESPERANCE WA 6450

20/07/2015 16097 I S Mumme Lot: 11 Pln: 4708 New Building Carport Steel Steel Other 1 26.0 4,500.00

3 Corry Street 166 Dempster Street

ESPERANCE WA 6450 ESPERANCE

09/07/2015 16098 G Harp 14239 Lot: 216 Pln: 69443 New Building Dwelling ‑ Single Brick, Steel Concrete 1 224.0 245,000.00

42 Baleine Drive 45 Thistle Avenue veneer

CASTLETOWN WA 6450 BANDY CREEK

09/07/2015 16099 Maguire (WA) Pty Ltd 13090 Lot: 212 Pln: 69443 New Building Dwelling ‑ Single Brick, Steel Concrete 1 367.0 492,859.00

22B Andrew Street 73 Walmsley Street veneer

ESPERANCE WA 6450 BANDY CREEK

09/07/2015 16100 M J Polmear Lot: 9 D: 38443 Alterations Patio Steel Other Concrete 1 30.0 5,000.00

Lot 9 Quarry Road 198 Quarry Road

MYRUP WA 6450 MYRUP

14/07/2015 16101 WA Country Builders 11422 Lot: 1025 Pln: 400374 New Building Dwelling ‑ Single Brick, Tiles Concrete 1 231.0 258,179.00

96‑102 Stirling Terrace 32 Woody Avenue veneer (concrete

ALBANY WA 6330 CASTLETOWN tiles)

16/07/2015 16103 D M Scott Lot: 168 Pln: 9826 New Building Garage/Shed Steel Steel Concrete 1 54.0 15,000.00

Lot 42 Helms Drive 6 Lemontree Grove

PINK LAKE WA 6450 CASTLETOWN

10/07/2015 16105 Ryan Dixon PTY LTD T/A Dixon 14605 Lot: 201 Pln: 69443 New Building Dwelling ‑ Single Brick, Steel Concrete 1 327.0 424,320.00

Construction 87 Westmacott Street veneer

The Esplanade BANDY CREEK

Esperance WA 6450

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

16/07/2015 16106 M J Boers 14277 Lot: 1079 Pln: 400374 New Building Dwelling ‑ Single Brick, Steel Concrete 1 335.0 360,000.00

24 Addington Cross 3 Wickham Close veneer

WEST BEACH WA 6450 CASTLETOWN

New Building Garage/Shed Steel Steel Concrete 1 54.0

24/07/2015 16107 G M Graham Lot: 606 Pln: 14437 New Building Garage/Shed Steel Steel Concrete 1 25.0 6,000.00

2 Backland Street 26 Doak Place

SINCLAIR WA 6450 CASTLETOWN

B D Partington

28/07/2015 16108 9177 Lot: 9001 Pln: 73198 New Building Industrial Building Steel Steel Timber 1 1,600,000.00

26 Goldfields Road South Coast Highway

CASTLETOWN WA 6450 CHADWICK

17/07/2015 16109 WA Country Builders 11422 Lot: 1022 Pln: 400374 New Building Dwelling ‑ Single Brick, Steel Concrete 1 250.0 287,272.00

96‑102 Stirling Terrace 38 Woody Avenue veneer

ALBANY WA 6330 CASTLETOWN

20/07/2015 16111 M T Withers S1044 Lot: 207 Pln: 8296 New Building Garage/Shed Steel Steel Concrete 1 96.0 30,000.00

3 North Road 21 Gull Street

CASTLETOWN WA 6450 ESPERANCE

24/07/2015 16112 M T Withers S1044 Lot: 145 Pln: 50251 New Building Garage/Shed Steel Steel Concrete 1 69.0 24,750.00

3 North Road 5 Corbett Gate

CASTLETOWN WA 6450 CASTLETOWN

17/07/2015 16114 C F Neave Lot: 119 Pln: 20600 Demolition Patio Timber Steel Concrete 1 15.0 1,000.00

20 Springfield Street 20 Springfield Street

WEST BEACH WA 6450 WEST BEACH

24/07/2015 16115 WA Country Builders 11422 Lot: 208 Pln: 13534 New Building Dwelling ‑ Single Brick, Steel Concrete 1 309.0 505,450.00

96‑102 Stirling Terrace 24 Ingleton Place veneer

ALBANY WA 6330 WEST BEACH

27/07/2015 16116 P D Kerr Lot: 40 Pln: 9425 New Building Deck Not Not Timber 1 21.0 5,000.00

1 Scholey Street 4 Valentine Way Specified Specified

SINCLAIR WA 6450 SINCLAIR

23/07/2015 16117 Scott Contracting Lot: 785 Pln: 50981 Alterations Patio Steel Steel Concrete 1 68.0 9,000.00

Lot 42 Helms Drive 31 Dauphin Crescent

PINK LAKE WA 6450 CASTLETOWN

28/07/2015 16119 Vermey Building Company 10647 Lot: 17 Pln: 73198 New Building Industrial Building Steel Steel Concrete 1 480.0 132,279.00

11 Hill Street

33 McDonald Road

CHADWICK WA 6450 CHADWICK

30/07/2015 16123 Dr G G Jacobs Lot: 68 Pln: 919 New Building Retaining Wall Concrete or Concrete 1 10,000.00

47 Dempster Street 141 Dempster Street stone

ESPERANCE WA 6450 ESPERANCE

30/07/2015 16124 S J De Jongh Lot: 803 D: 77861 Alterations Patio Steel Steel Timber 1 60.0 20,000.00

10 Butler Street 10 Butler Street

CASTLETOWN WA 6450 CASTLETOWN

Total number of Building Licences: 43 $4,930,472.00

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

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

15/07/2015 15958 A S Congreve Lot: 136 Pln: 12626 Alterations Dwelling ‑ Single Concrete 1 6,500.00

104 Pink Lake Road 104 Pink Lake Road

SINCLAIR WA 6450 SINCLAIR

31/07/2015 16082 Maguire (WA) Pty Ltd 13090 Lot: 102 Pln: 69005 New Building Retaining Wall 1 13,000.00

22B Andrew Street 214 Pink Lake Road

ESPERANCE WA 6450 PINK LAKE

07/07/2015 16092 T J Smith Lot: 78 Pln: 10893 New Building Factory/Workshop Steel Steel Concrete 1 16.0 6,500.00

19 Hockey Place 14 Scanlon Street

WEST BEACH WA 6450 CHADWICK

09/07/2015 16102 D A Rogers Lot: 345 Pln: 13208 Alterations Patio Steel Steel Concrete 1 70.0 5,000.00

37 North Road 37 North Road

CASTLETOWN WA 6450 CASTLETOWN

10/07/2015 16104 S B Hazelden Lot: 342 Pln: 1376 New Building Fence Brick, Steel Concrete 2,000.00

11 Cornell Street 18 Goldfields Road double

WEST BEACH WA 6450 CASTLETOWN

Alterations Dwelling ‑ Ancillary 1 1,000.00

Accommodation

Total number of Building Approval Certificates (Unauthorised Structures): 5 $34,000.00

Total number of Licences/Certificates Reported: 48 $4,964,472.00

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

25 August 2015 Page 260

Attachment 1.

Code off-road text (Print run 2)

Cover page:

Code Off-road

A GUIDE TO SAFE | SPECTACULAR | RESPONSIBLE OFF-ROAD DRIVING ON THE WA SOUTH COAST

Everybody loves the stunning scenery, magnificent beaches and

great outdoor activities on offer along the WA coastline.

Responsible and skilled driving minimises degradation to coastal

ecosystems, accidents, and the spread of Phytophthora dieback.

Esperance

It is vital you know how to drive safely and

lightly to protect yourself and this fragile

environment, and ensure the South Coast

remains just as magical in years to come.

Intro page:

You don’t need to be a specialist mechanic to

operate a 4WD, but you will need a few basics to

ensure that you and your vehicle get home safely.

Safe driving! page:

Tyre Pressures – A reduced tyre pressure maximises the tyre

footprint for increased traction. It is essential that tyre pressure

is reduced before entering off-road and sandy beaches to a starting point of

18psi (check manufacturer’s specifications for your vehicle).Make sure that

your driving speed is reduced and avoid sharp turns to avoid

rolling tyre off the rim with deflated tyres, and that they are reinflated prior

to driving at normal speeds. Always carry an air compressor with a gauge

for this purpose.

Engage 4WD – Keep things under control by engaging 4WD and

locking hubs before entering off road tracks or sandy beaches (refer to vehicle manual).

Generally, in sandy conditions second or third gear in low range will see you

through, but when engaged in 4WD avoid sharp turns or sudden

braking to avoid losing momentum.

Visibility – Sun glare may reduce visibility on beaches, consider polarised sunglasses.

Off-road tracks are full of blind corners and hill crests. Play it safe;

drive slowly, beware of your surroundings and others and avoid driving at night.

Passing Points – Are there to enable vehicles to pass without

damaging vegetation. Please use them, and resist the temptation

to create new ones.

Safe Travel – Always drive slowly on coastal off-road tracks (<

40km/hr), and keep speed on beaches to 20km/hr; enjoy your

drive and the surroundings! Your vehicle and the environment will thank you for it

and you have time to make decisions. Driving with your seat belt

on is not just a legal requirement; it helps you to control the vehicle

on uneven bumpy ground.

Up the Creek Without a Paddle – River and creek crossings can

look deceptively shallow. If in doubt, always stop and walk the

crossing, if you can’t walk across don’t attempt to drive. Wheel axle

height is a good guide as to how deep you should go.

Beach Etiquette – When driving on the beach, aim to travel at,

but not above the high tide mark, and check tidal and weather

conditions on the day. Avoid driving over piles of seaweed, be

especially careful on high-energy beaches and remember all

beaches are different and can change daily. Slow down when passing other

beach users and pass behind fisherman.

Get me out of here – Always tell someone where you are going and your expected return time, and

arrange to travel with another vehicle if possible. Although it’s essential to carry a mobile phone,

remember that there may be no signal in coastal areas – do not rely on it. Consider a satellite phone

if you are going to be in remote areas for extended periods, or VHF or UHF radio. If you become stuck

or break down you are generally safer staying with your vehicle until help arrives, but if you have

to hike out avoid walking in the heat of the day and leave a note in your vehicle of your intentions.

Trip Preparation! page:

KEEP SAFE WITH THE CODE OFF-ROAD AND THINK ABOUT THE FOLLOWING:

Maintenance – Make sure that your vehicle is maintained in good working order, and check

it over before setting out.

Supplies – You might be loaded up with fishing gear, but remember to make room for

basic supplies such as water, food, first aid kit, extra fuel as well as vehicle maintenance

equipment.

Recovery - The kit essentials for a 4WD would include:

► air compressor with gauge

► tow rope, make sure there are strong attachment

points on your chassis – not tiedown points

► tyre repair kit and spare tyres

► jack and a jack plate

► bow or ‘D’ shackles

► vehicle tool kit

► rigger’s gloves

► a shovel

► tarp

Training – Consider undertaking 4WD training through a registered provider or joining

a 4WD club – there are several in the region, Perth as well as in other major Australian centres.

Guaranteed fun will be had and you’ll pick up great driving skills for life.

Drive Lightly page:

Coastal ecosystems are some of our most fragile, and need special

care when enjoying them. Beach driving especially has the potential

to impact negatively on animals such as shorebirds, whose nests

and young are difficult to see and who may be resting after long

migration flights. And the beach is not a sandy desert! The weight of

a vehicle not only squashes the sand, but also many small marine

creatures which are important to the beach ecosystem and are food

for larger beach animals and fish species.

Drive Lightly with The Code Off-road and respect our coastal

environment:

Stay on Track – There’s no need to deviate when heading to the

beach; damage to vegetation and soils can be irreversible, and once

a new track is made, other vehicles will follow which leads to coastal erosion and

loss of vegetation.

Dogs Are Man’s Best Friend – Dogs can disturb nesting shorebirds and can be

frightening to other people, especially children. Dogs and other pets

are not permitted at any time in national parks and 1080 poison

is regularly laid, which is also fatal to dogs. When driving in areas

where domestic animals are allowed, please keep your pet under

control at all times.

Watch for Wildlife – Most of us would rather watch wildlife behaving

naturally than watch it disappear under the wheels of an off-road

vehicle. Keep your eyes peeled for shorebirds on sandy beaches, estuaries

and wetlands reptiles basking at the side of the track, birds, kangaroos and

bring binoculars, there’s heaps to see!

Picnic In, Pack It Out – It’s pretty simple with rubbish, what goes in

must go out again! It’s not acceptable to bury or burn rubbish, or to

throw food scraps and bait bags into the bush. Minimise packaging

every time, carry rubbish bags in your vehicle and be prepared to

carry out the rubbish of other, less thoughtful people.

Toilet Training - Practice good personal hygiene in the bush and

prevent the spread of nasties such as Giardia and Gastroenteritis as

well as stinky surprises for other travellers. Carry a shovel to bury

solid waste and toilet paper at least 100m from any watercourse and

at least 30cm deep.

Deliver Us From More Dieback – Many of our unique plant species

including coastal heaths are susceptible to Phytophthora dieback

(Phytophthora cinnamomi) — plant death caused by a microscopic

soil-borne water mould. The pathogen kills many coastal species and

vegetation types. It is spread by the transportation of infested soil

and plant material. There are many areas that are free of Dieback

and you can help stop its spread if you:

► clean any mud and soil off your vehicle

before and after your trip;

► avoid travelling in wet and mud conditions;

► keep to established tracks and roads and

respect track closures.

►ay attention to signage highlighting Dieback issues in local areas

Rules & Regs page:

Drive Lightly

Be a Champion Camper –

► Always plan to camp in designated camping

areas and do not create new camp sites, this impacts native

vegetation and creates a fire risk.

► Coastal vegetation takes a long time to grow and

is easily damaged - try to take a fuel stove instead

of having a campfire and bring any firewood with

you rather than collecting it nearby.

Remember fires are never permitted during total fire bans, during certain

periods of the year, and at any time within any National Park in the South Coast Region. Always check

regulations with local authorities first. Light fires within prohibited periods

in designated fireplaces, keep it small and make sure it’s properly extinguished

before you leave.

Damaging, Delinquent & Downright Dangerous!

Did you know that although road licensed vehicles (4WD and motorbikes) are

permitted in most areas, unlicensed off-road vehicles (e.g. quad bikes and trail bikes)

are only permitted to be ridden in designated areas and private land with the

owner’s permission?

Most of us are responsible drivers but there is a small minority who let the

side down. All normal road rules apply when driving in off-road areas, and

examples of bad behaviour which will get you into trouble include but are

not limited to:

► Damage to vegetation, the landscape, and heritage and cultural sites

► Disturbance to local wildlife

►Disrespecting other beach users

► Damage to signs, fences, bollards

► Driving in a protected nature reserve with a domestic animal (e.g. dog, cat,

horse) and / or firearms.

Contact details:

In national parks, call the Department of Parks

and Wildlife (DPaW) Ranger, and on other public

land call either the Shire Ranger or the WA Police.

WA Police: 131 444

DPaW: 08 9083 2100 (Esperance)

Shire Office: 08 9071 0666

Shire Ranger: 08 9083 1533

Esperance Area Proposed Maps

1. Base Map (Cape Arid to 14 Mile including Esperance town) - Base Map to include Esperance town, major roads, coastal reserves and national parks.

2. Inlay Map 1 - Wylie Bay to Cape Le Grand National Park

3. Inlay Map 2 – Cape Le Grand National Park to the Warton Beach, Duke of Orleans Bay

4. Inlay Map 3 – Alexander Bay to Cape Arid National Park

Additional

5. Inlay Map 4 – 11 Mile to 13 Mile including Off Road Vehicle Area, Shire of Esperance

Attachment 2.

First Draft Esperance Area ‘Code Off Road’ Layout

Visor Style / Production Style

A3 Download / Print Style

14. Motions of which Notice has been Given

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

16. URGENT BUSINESS APPROVED BY DECISION

17. MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

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

Item: 17.1

Esperance Indoor Sports Stadium

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)); and a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)).

18. PUBLIC QUESTION TIME

19. CLOSURE

Criteria	Weighting
Relevant Experience	25%
Key Personal	25%
Price	50%

Company	Weighted Score
Landmark Harcourts WA	60
Thorp Realty Pty Ltd	57.5
Elders Real Estate WA Pty Ltd	52

a.	Information Bulletin - August 2015
b.	Register - Delegations Discharge – Director Corporate Resources – Shane Burge
c.	Interplan Report - July 2015 - Under Separate Cover
d .	Minutes – WALGA - AGM – 5 August 2015

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

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

Author/s	Trevor Ayers	Executive Manager Commercial Division
Authorisor/s	Terry Sargent	Director External Services

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

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

a.	Minutes - Off Road Vehicle Working Party
b.	Minutes - Esperance Museum Management Committee

Author/s	Rod Hilton	Executive Manager Community Division
Authorisor/s	Terry Sargent	Director External Services