Ordinary Council: Agenda

27 October 2015                                                                                                                           Page 1

 

 

 

 

 

 

 

15 October 2015

 

 

 

 

 

Shire of Esperance

 

 

Ordinary Council

NOTICE OF MEETING AND AGENDA

 

An Agenda Briefing Session of the Shire of Esperance will be held at Council Chambers on 20 October 2015 commencing at 1pm to brief Council on the matters set out in the attached agenda.

 

An Ordinary Council meeting of the Shire of Esperance will be held at Council Chambers on 27 October 2015 commencing at 4pm to consider the matters set out in the attached agenda.

 

W M (Matthew) Scott

Chief Executive Officer

 


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DISCLAIMER

 

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

 

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

 

 

 

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

 

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

      

ATTACHMENTS

 

Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.

 

 


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Shire Logo~Transparent Background.gifDisclosure of Financial, Proximity or Impartiality Interests

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

Agenda Briefing ¨            Ordinary Council Meeting ¨                    Both Meetings  ¨

Name of Person Declaring the Interest:

Position:                                                             Date of Meeting:

This form is provided to enable members and officers to disclose an Interest in the matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act and Local Government (Administration) Regulation 34C.

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

 

Signature:                                                                   Date:

Office Use Only:

Entered into interest Register:                                            

                                                                          Officer                                          Date

 

 


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Shire Logo~Transparent Background.gifDeclaration of Interest (Notes for Your Guidance)

 

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4. If in doubt declare.

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

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

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

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

 

 

 

 

 


Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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


 

 

 

 

 

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TABLE OF CONTENTS

 

 

1.         OFFICIAL OPENING   9

2.         ATTENDANCE  9

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  9

4.         APPLICATIONS FOR LEAVE OF ABSENCE  9

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   9

6.         DECLARATION OF MEMBERS INTERESTS  9

6.1      Declarations of Financial Interests – Local Government Act Section 5.60a  9

6.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  9

6.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  9

7.         PUBLIC QUESTION TIME  9

8.         PUBLIC ADDRESSES / DEPUTATIONS  9

9.         Petitions  10

10.      CONFIRMATION OF MINUTES  10

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   10

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  11

12.1   External Services - Statutory Division   11

12.1.1    Proposed Road Closure - Portion of unnamed Road between Pier Hotel and Loose Goose Restaurant 11

12.1.2    Proposed Closure of Portion of Road Reserve at the Corner of Grewar Road and Merivale Road, Boyatup  21

12.1.3    Revised Local Planning Policy: Outbuildings  29

12.2   External Services - Commercial Division   38

12.2.1    Proposed Acquisition of 18 Moir Street 38

12.3   External Service - Community Division   41

12.4   Asset Management  41

12.5   Corporate Resources  41

12.5.1    Lease Renewal - Old Sinclair House - Museum Village Park  41

12.5.2    Rate Exemption Applications  44

12.5.3    Deed of Variation & Extension of Lease - Esperance & Districts Agricultural Society (Inc) 71

12.5.4    Appointment of Audit Committee  73

12.5.5    Policies Review - Human Services  78

12.5.6    Financial Services Report - September 2015  141

12.6   Executive Services  142

12.6.1    Agenda Briefing and Ordinary Council Meeting Dates for 2016  142

12.6.2    Request for assistance from the Northern Mallee Declared Species Group  145

12.6.3    Goldfields-Esperance Regional Investment Draft Blueprint 149

12.6.4    Information Bulletin - August 2015  152

13.      Reports Of Committees  170

13.1   Minutes of Committees  170

14.      Motions of which Notice has been Given   184

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  184

16.      URGENT BUSINESS APPROVED BY DECISION   184

17.      MATTERS BEHIND CLOSED DOORS  184

18.      PUBLIC QUESTION TIME  184

19.      CLOSURE  184

 

 


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SHIRE OF ESPERANCE

 

AGENDA

 

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON
27 October 2015

COMMENCING AT 4pm

 

 

1.       OFFICIAL OPENING

 

2.       ATTENDANCE

Members

Cr M Heasman                                  President                  Town Ward

Cr V Brown                                       Deputy President      Rural Ward

Cr N Bowman                                                                    Rural Ward

Cr P Griffiths                                                                     Town Ward

Cr K Hall                                                                            Town Ward

Cr L McIntyre                                                                    Town Ward

Cr R Horan                                                                        Town Ward

Cr B Stewart, JP                                                                Town Ward

Cr B Parker                                                                        Rural Ward

Shire Officers

Mr W M (Matthew) Scott                   Chief Executive Officer

Mr S Burge                                       Director Corporate Resources

Mr G Harris                                       Director Asset Management

Mr T Sargent                                    Director External Services

Mrs H Hall                                         Executive Assistant

Miss S Fitzgerald                              Administration Officer

Members of the Public & Press

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

 

4.       APPLICATIONS FOR LEAVE OF ABSENCE

 

5.       ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

 

6.       DECLARATION OF MEMBERS INTERESTS

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

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

6.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

 

7.       PUBLIC QUESTION TIME

 

8.       PUBLIC ADDRESSES / DEPUTATIONS

 

9.       Petitions

Nil  

10.     CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 22 September 2015, and the Special Council Meeting of the 19 October 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  

Proposed Road Closure - Portion of unnamed Road between Pier Hotel and Loose Goose Restaurant

Author/s

Peter Wilks

Town Planning Officer

Authorisor/s

Richard Hindley

Executive Manager - Statutory Division

 

Terry  Sargent

Director External Services

 

File Ref: D15/20491

 

Applicant

Cardno Spectrum Survey on behalf of Lewis and Lewis Properties Pty Ltd

 

Location/Address

 

Executive Summary

For Council to not grant final approval to the closure of part of the unnamed Road between the Pier Hotel and the Loose Goose Restaurant.

 

Recommendation in Brief

That Council resolve to not support the closure of a portion of Road Reserve Adjacent Lot 22 (47) The Esplanade, Esperance.

 

Background

On 7 September 2010, an application for Planning Approval was received for the development of an Enclosure of External Storage Area around the Pier Hotel’s Receival and Store Area along the unnamed Road running adjacent to the southern boundary of the property. Planning Approval (Development Application 10.2010.1521) and a Building Licence (Building Licence 14718) were later issued by Shire staff.

The development approval contained the following applicable 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).

The following advice note was also placed on the development approval:

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

On 30 April 2012, complaints were received querying the location of footings for the solid wall/fence along the unnamed road.

Following this complaint numerous letters and meetings have been held to address a number of outstanding issues including the location of footings within an adjoining lot and unauthorised stormwater discharge.

On 19 October 2012, Shire Staff were made aware of unauthorised development involving the construction of a permanent roof over the solid brick wall/fence. On 9 January 2013, Shire Officers requested information from the owner of the Pier Hotel including the location of footings along the unnamed Road.

Further correspondence and communication were undertaken to address the non compliances on this section of the site.

On 6 June 2014, a survey was undertaken by Graham Gath along the Road. The survey noted that sections of the solid wall/fence were not located in the correct locations, with two sections intruding into the Right of Way (see below).

It should be noted that whilst the plans and application (Attachment A) show the road as a Right of Way (R.O.W.), this is factually incorrect as the thoroughfare was dedicated as a road by the Orders of the Minister for Lands on 10 November 1989.

A request was received for a part of the Road to be closed on 23 February 2015 to allow for a boundary realignment to permit all sections of the Pier Hotel to be located within the boundaries of Lot 22 (47) The Esplanade (see Attachment A).

The road closure process was initiated by Council at the Ordinary Council Meeting held on 16 April 2015. It was subsequently advertised to affected landowners between 10 June 2015 and 17 July 2015 and to Government Departments and Servicing Agencies between 2 September and 7 October 2015.

 

Officer’s Comment

The two objections that were received were on the grounds that the proposal would result in an undesirable precedent in the central area.

The issue of precedent is considered a valid planning consideration as there is the potential that it could be viewed that unauthorised development in the road reserve could be resolved with a road closure such as this. This is contrary to the advice note on the original development approval which stated:

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.

This precedent may provide grounds for individuals and companies to build into a road reserve and retrospectively apply for a whole or partial road closure which may cause problems from both a future planning and asset management perspective.

Options

Option 1

That Council advise the Minister for Lands that it does not support the proposed road closure of a portion of the unnamed road reserve next to Lot 22 (47) The Esplanade, Esperance.

This is the officer’s recommendation as the proposed closure would create an undesirable precedent when dealing with unauthorised development that has occurred in a road reserve.

Option 2

That Council request the Minister for Lands close the portion of Road Reserve Adjacent Lot 22 (47) The Esplanade, Esperance under Section 58(1) of the Land Administration Act 1997.

This recommendation is open to Council as it has the capacity to take into account broader community concerns. The proposed closure was supported by the Shire as the only approach that would facilitate the resolution of unauthorised building works that encroach into the road reserve.

Option 3

That Council lay this matter on the table until the Shire is provided evidence of an agreement between the owners of Lot 22 The Esplanade and Lot 31 Andrew Street for the incursion of the unauthorised development into Lot 31 Andrew Street.

This is a separate process to the proposed road closure but the unauthorised development could not be approved until both processes are complete.

 

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which requires a minimum 35 day public comment/referral period to all affected landowners and government agencies are to be consulted.

 

Advertising was undertaken to affected landowners between 10 June 2015 and 17 July 2015 and to Government Departments and Servicing Agencies between 2 September and 7 October 2015. A notice was also placed in the Esperance Express on 12 June 2015 and two signs were erected on-site.

Eight (8) submissions were received at the end of the referral period. Of these submissions, six (6) submissions from Government Departments and Servicing Agencies indicated either no comment or no objection. Two (2) objections were received from private landowners.

 

Financial Implications

Should the proposal be formally adopted by Council, all costs associated with the road closure process in regard to title adjustments and new titles are to be met by the applicant. Furthermore, at this stage the Shire of Esperance will need to indemnify the Minister of all costs and charges in association with the closure.

 

If the closure is not supported there are no financial implications other than the loss of fees for a potential retrospective planning application.

 

Asset Management Implications

The proposed road closure will lead to a reduced area required for maintenance.

 

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

 

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

 

Attachments

a.

Request for Road Closure and Plans

 

b.

Objection #1

 

c.

Objection #2

 

d.

Schedule of Submissions

 

 

 

Officer’s Recommendation

 

That Council advise the Minister for Lands that it does not support the proposed road closure of a portion of the unnamed road reserve next to Lot 22 (47) The Esplanade, Esperance.

 Voting Requirement                      Simple Majority

 


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Item: 12.1.2  

Proposed Closure of Portion of Road Reserve at the Corner of Grewar Road and Merivale Road, Boyatup

Author/s

Peter Wilks

Town Planning Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D15/24878

 

Applicant

Geoff Grewar

 

Location/Address

Corner of Merivale Road and Grewar Road, Boyatup (Approximately 51 km south-east of Condingup)

 

Executive Summary

For Council to grant final approval to the closure of part of the road reserve located at the corner of Merivale Road and Grewar Road.

 

Recommendation in Brief

That Council resolve to close the portion of Road Reserve at the corner of Merivale Road and Grewar Road, Boyatup.

 

Background

A request was received by Planning Services on 5 March 2015 for the closure of the indicated portion of land at the corner of Merivale Road and Grewar Road, due to interest from the owner of Lot 237 Merivale Road in acquiring the land due to a desire to create a new dam due to water supply and storage problems on the farm. Additional information was provided by the applicant on 10 March 2015.

 

The road closure process was initiated by Council at the Ordinary Council Meeting held on 23 June 2015. It was subsequently advertised to affected landowners, Government Departments and Servicing Agencies between 28 July 2015 and 11 September 2015.

 

Officer’s Comment

The proposed Road Closure conflicts with Council Policy, Engineering Policy ENG 006: Permanent Road Closures, due to the road reserve containing native vegetation however as part of the resolution from the Ordinary Council Meeting held on 23 June 2015 Council resolved to review the engineering policy ENG: 006 – Permanent road closures to assess the current suitability of the policy in addition to initiating the road closure process.

 

Given that no objections were received to the proposal, it is seen that closure of the indicated portion of road reserve at the corner of Grewar Road and Merivale Road, Boyatup can be supported.

 

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which requires a minimum 35 day public comment/referral period to all affected landowners and government agencies are to be consulted.

 

Advertising was undertaken to affected landowners between 28 July 2015 and 11 September 2015. A notice was also placed in the Esperance Express on 28 July 2015 and a sign was erected on-site.

 

Eight (8) submissions were received at the end of the referral period. All of these submissions indicated either no comment or no objection.

 

Financial Implications

Should the proposal be formally adopted by Council, all costs associated with the road closure process in regard to title adjustments and new titles are to be met by the applicant.

 

Asset Management Implications

The proposed road closure will lead to a reduced area required for maintenance.

 

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

 

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

 

Attachments

a.

Road Closure Request

 

b.

Further Information

 

c.

Schedule of Submissions

 

 

 

Officer’s Recommendation

That Council:

1. Request the Minister of Lands to close the road reserve known as a portion of Road Reserve located at the corner of Grewar Road and Merivale Road, Boyatup under Section 58 (1) of the Land Administration Act 1997.

Voting Requirement                       Simple Majority

 


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Item: 12.1.3  

Revised Local Planning Policy: Outbuildings

Author/s

Richard Hindley

Executive Manager - Statutory Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D15/22616

 

Applicant

Internal (Statutory Division)

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to consider the amendment of the Local Planning Policy: Outbuildings under Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

 

Recommendation in Brief

That Council:

1.  Adopt the Local Planning Policy: Outbuildings (Attachment A) as a Council Policy;

and

2.  Amend the Local Planning Policy: Outbuildings as per Attachment A in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

 

Background

The Local Planning Policy: Outbuildings was originally adopted under Town Planning Scheme No. 22 in August 2008 and was reviewed and made consistent with Local Planning Scheme No. 23 in May 2010. Since this time a large number of applications have been received and a number of outbuildings have exceeded the policy standard in the ‘Residential Zone’.

Local Planning Scheme currently exempts Outbuildings in the Residential zone that are:

Area

Wall Height

Ridge Height

10% of site area

3.0m

4.0m

The Deemed Provisions introduced by the Planning and Development (Local Planning Schemes) Regulations which are effective from 19 October 2015 exempts Outbuildings in the Residential zone that are:

Area

Wall Height

Ridge Height

60m2

2.5m

4.2m

Council’s currently adopted Outbuildings Local Planning Policy outline permitted development with the approval of the Local Government. In the case of this policy the policy standards can be exceeded where the neighbours do not object to the development. The policy standards are:

Area

Wall Height

Ridge Height

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

·     100m2 where lot is greater than 1000m2.

3.0m

4.2m

 

The ability to exceed these standards with neighbour consent in the absence of a maximum variation has lead to the construction of a number of oversized outbuildings.

 

Officer’s Comment

The proposed standard for Outbuildings in the Residential and Future Residential Zones are:

 

 

Area

Wall Height

Ridge Height

Policy Standard

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

·     100m2 where lot is greater than 1000m2.

3.6m

4.2m

Maximum Variation

25%

10%

10%

 

The increased wall height will accommodate a roller door being installed that will allow a caravan or other vehicle to enter the Outbuilding with sufficient clearance.

A clarification has been made to reference the Residential Design Codes in addition to the Scheme as the majority of Residential setbacks are contained in the Residential Design Codes.

It is also proposed that an Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.

Development complying with the Policy Standard would be approved without referral to adjoining landowners.

In the case of this policy any development that is above the Policy Standard will be referred to adjoining landowners for comment. If the variation is within the percentage shown and there are no objections an Outbuilding in the Residential zone would be approved under Delegated Authority.

If an objection is received (that is not considered frivolous or vexatious by the Chief Executive Officer, or cannot be resolved by negotiation) the matter will be referred to Council for consideration.

If the Maximum Variation is exceeded the matter will be referred to Council with an officers recommendation to refuse the application.

A number of changes are made in other areas of the policy and these are as follows:

·  The definition of an outbuilding has been changed to align it more closely with the R-Codes with the addition of a reference to attached carports. Related to this change of definition a new definition for Enclosed has been added to the Policy.

·  The permitted development clause has been modified to reflect the impact of the Clause 61 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

·  The Maximum Variation provision has been included in the Rural Residential Zone table and the current variation provision has been relocated into this section.

·  Reference to the Rural Unsettled zone have been deleted as the zone only applies to vacant crown land and no applications have been lodged in this area since the gazettal of Scheme No.23.

·  It is also proposed to reduce the lot size (from 40ha to 20ha) where Rural Smallholdings and Agriculture-General lots are subject to the development requirements for Rural Residential Lots.

·  Under the approval process statements have been included that define when applications will be considered under delegated authority and where matters will be referred to Council for determination.

 

Consultation

As this policy is being adopted under Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 the policy will be advertised not less than 21 days before being brought back to Council for adoption with or without modification in light of any submissions received.

Advertising will consist of a notification being placed in the Esperance Express and a copy of the policy being provided to shed builders within Esperance. The policy will also be forwarded to the Western Australian Planning Commission under Clause 4(1)(b) of the Deemed Provisions during the advertising period.

Once Council has adopted the policy after advertising it will be forwarded to the Western Australian Planning Commission under Clause 7.3.2 of State Planning Policy 3.1 Residential Design Codes (R-Codes) to seek approval as it is a variation to the deemed-to-comply provisions of the R-Codes.

 

Statutory Implications

Division 2 of Part 2 of the deemed provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2)

Planning and Development Act 2005

Local Government Act 1995 s.2.7(2)(b)

 

Policy Implications

This item relates to policy development.

The adoption of Local Planning Policy: Outbuildings as a Council Policy will allow it to be used in conjunction with the existing policy by defining the maximum sizes that can be supported under delegated authority.

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 Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

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

 

Attachments

a.

Amended Local Planning Policy: Outbuildings

 

 

Officer’s Recommendation

That Council:

1.  Adopt the Local Planning Policy: Outbuildings (Attachment A) as a Council Policy, and;

2.  Amend the Local Planning Policy: Outbuildings as per Attachment A in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

Voting Requirement                       Simple Majority


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 36

 

 

Policy Name:

LOCAL PLANNING POLICY: OUTBUILDINGS

Objective:

To provide a framework for the approval of outbuildings in the Shire of Esperance.

Key Words:

Outbuilding; Outbuildings

Statutory Compliance:

·   Local Planning Scheme No. 23

·   Residential Design Codes

 

Policy Aims:

To achieve a balance between providing for the various legitimate needs of residents for outbuildings and minimising any adverse impacts that such outbuildings may have on neighbours, a street, a neighbourhood, locality or the Shire as a whole.

 

Policy Provisions:

 

Definitions

 

Outbuilding:                                An enclosed non-habitable structure that is detached from any dwelling.

 

For the purposes of this policy an Outbuilding is also taken to include any attached carport.

 

Enclosed:                                    An area bound on three or more sides by a permanent wall and covered in a water impermeable material.

 

Reflective Materials:                    any of the following:

·     Zincalume® or similar product

·     Any shiny metallic finish; and

·     White coloured metallic materials.

 

Farm Building:                             a building of a permanent nature, other than a building used or intended to be used for residential purposes, that is on land used for agricultural purposes:

 

(a) for storage of agricultural products and produce; and/or

(b) for the maintenance of farm machinery used by the occupier of the site;

           

but does not include Agriculture – Intensive, Industry – Rural, Industry – Service.

 

Cumulative Total Floor Area:     the relevant ‘size’ development requirements as provided for in this Local Planning Policy.

 


 

Policy Application Area

 

Shire of Esperance

 

Application Information

 

Where a Planning Application is required to be obtained (refer exempt provisions below), the following information is required to be submitted to enable an assessment of the outbuilding to be undertaken:

 

·    Completed ‘Application for Planning Approval’ form;

·    Payment of application fee in accordance with Council’s Fees & Charges Schedule;

·    Three (3) copies of the following:

o Site plan (to scale) showing the proposed location of the outbuilding on the land in relation to the lot boundaries and any existing or proposed development on-site (including car parking areas, landscaping areas, effluent disposal areas etc).

o Floor plan(s) (to scale) of the proposed outbuilding.

o Elevations (to scale) of the proposed outbuilding.

o Details on vehicular access arrangements to the outbuilding (if applicable).

o Details on the wall and roof materials to be used, including a colour schedule.

·    Accompanying letter detailing the need for the outbuilding, particularly if proposing to exceed the ‘size’ development requirement provisions of this policy.

 

Exempt Provisions

 

As per the Permitted Development Policy adopted as a Local Planning Policy under Local Planning Scheme No. 23 and Clause 61 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2), planning approval is not required to be obtained for:

 

·    farm buildings in the Rural Smallholdings and Agriculture-General Zones setback no less than 20 metres from any side boundary and 100 metres from any highway;

·    residential outbuildings not exceeding 10% of site area or 60m2 whichever is less with a maximum wall height of 2.5 metres and a ridge height of no more than 4.2 metres, provided that setbacks and cumulative total floor area are  in accordance with Scheme requirements.

 

The above exemption only applies if the subject site is not located within a Special Control Area (excluding Special Control Area 8B where the structure is less than 15 metres in height) as shown on the Local Planning Scheme No. 23 Scheme Maps.

 


 

Development Requirements

 

Ø  Outbuildings in Residential and Future Residential Zones

 

Objective

The objective of these development requirements is to achieve a balance between:

·    Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and

·    Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.

Permitted Uses of Outbuildings

 

·    Must be for legitimate residential purposes.

·    Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business.

·    Use of outbuildings for human habitation is not permitted.

·    An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.

Setbacks

As per provisions of Local Planning Scheme No. 23 and the Residential Design Codes;

Size

·   Maximum area of outbuilding(s) per lot:

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

100m2 where lot is greater than 1000m2.

·   Maximum wall height – 3.6 metres

·   Maximum ridge height – 4.2 metres

Maximum Variation

·   25% for Site Area

·   10% for Wall or Ridge Height

Consultation

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;·                             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.

 

If the Maximum Variation is exceeded the matter will be referred to Council with an officers recommendation to refuse the application.

 

Ø  Outbuildings in Rural-Residential Zone

 

Objective

The objective of these development requirements is to achieve a balance between:

·    Providing for the legitimate garaging, storage and other domestic needs of people living in rural-residential areas; and

·    Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of the rural residential area.

Permitted Uses of Outbuildings

 

·    Must be for legitimate residential purposes.

·    Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business.

·    Use of outbuildings for human habitation is not permitted unless in accordance with Council’s Temporary Accommodation Policy (subject to a separate application).

Setbacks

As per provisions of Local Planning Scheme No. 23

Size

·   Maximum area of outbuilding(s) per lot - 200m2.

·   Maximum wall height – 4.5 metres

Maximum ridge height – 6.0 metres·        

Maximum Variation

·   25% for Site Area

·   10% for Wall or Ridge Height

·   Where buildings of a greater area or height are normally required for a purpose permitted under the Scheme (as may be required for a greenhouse or other sheltered crops in a market garden), the maximum area of outbuildings is not to exceed 25% of the site area or wall height of 6.0 metres.

Consultation

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 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.


 

 

Ø  Outbuildings in Rural Smallholdings and Agriculture-General Zones

 

·    For those ‘Rural Smallholdings’ and ‘Agriculture-General’ zoned lots with a lot area less than 20 hectares, the development requirements for “Rural-Residential” zoned lots apply.

·    For those ‘Rural Smallholdings’ and ‘Agriculture-General’ zoned lots with a lot area 20 hectares or greater, the following development requirements apply.

 

Objective

The objective of these development requirements is to achieve a balance between:

·    Providing for the legitimate garaging, storage and other domestic needs of people living in rural areas; and

·    Minimising the adverse impacts outbuildings may have on the amenity, appearance, character and purpose of the rural area.

Permitted Uses of Outbuildings

 

·    Must be for legitimate residential purposes.

·    Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business.

·    Use of outbuildings for human habitation is not permitted unless in accordance with Council’s Temporary Accommodation Policy (subject to a separate application).

Setbacks

As per provisions of Local Planning Scheme No. 23

Consultation

Where an application for an outbuilding does not comply with the 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.

 

Approval Process

 

After due assessment of the planning application having regard to the provisions of:

·    this Local Planning Policy;

·    any other relevant Local Planning Policy or Council policy;

·    Local Planning Scheme No. 23;

·    Residential Design Codes; and

·    any other relevant considerations;

 

Where a proposed outbuilding exceeds the Maximum Area for an outbuilding by more than 25% in the Residential and Future Residential Zones the application will be referred to Council for determination with a recommendation for refusal.

 

Where a proposed outbuilding exceeds the Maximum Height (wall or ridge) for an outbuilding by more than 10% in the Residential and Future Residential Zones the application will be referred to Council for determination with a recommendation for refusal.

 

 

 

Should the application be considered appropriate by Planning Services, be within the Maximum Variation (where specified) AND unfavourable comments are not received from the affected adjoining landowners, the application will be considered under Delegated Authority (i.e. does not need to be referred to Council for determination).

 

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.

 


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 42

 

12.2   External Services - Commercial Division

Item: 12.2.1  

Proposed Acquisition of 18 Moir Street

Author/s

Trevor Ayers

Executive Manager Commercial Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D15/23708

 

Applicant

Mr Frank Antoniolli

 

Location/Address

Lot 63 on Plan 3117

Executive Summary

Council has been approached by the current owner of Lot 63 Moir Street, requesting the Shire purchase this lot (see Attachment A). The subject block is part of Development Area 3 and acquisition of this land meets a long standing Council position.

 

Recommendation in Brief

That Council approves the purchase of Lot 63 Moir Street.

 

Background

Mr Fank Antoniolli approached the Shire in September with a view to selling Lot 63 Moir Street, following a discussion with rates staff after receiving this year’s rates notice. Several lots in close proximity to the one owned by Mr Antoniolli are already in the possession of the Shire.

The lot in question is part of the land known as Development Area 3. Council have for many years been trying to resolve the development complexities associated with this area, with one of the long-standing strategies being to acquire any lots that become available at an appropriate cost, in an effort to reduce the number of owners.

The most recent sale occurred in early 2014 for the sum of $3,000 plus a waiver of rates for the current year.

In recent times discussions have also been occurring with Landcorp regarding opportunities to develop this area due the Crown also owning a large number of lots within this area. Their position is that the number of individual owners is still of a scale to make any opportunity to undertake a large scale development unachievable.

 

Officer’s Comment

Purchase of these lots continues a process the Shire has been undertaking for some time. Further discussions with Mr Antoniolli have confirmed that he is happy to receive the same consideration as that paid for lots within the same area last year ($3,000 plus a waiver of this years rates). The Shire is unlikely to be able to utilise this land without continuing to acquire a substantial number of additional lots within this area, but without continuing the acquisition process this area is unlikely to be developed at all at any time in the future.

 

Consultation

No consultation has been undertaken outside of the discussions with Mr Antoniolli.

 

Financial Implications

An allocation was made within the 2015/16 budget for a limited number of purchases within this area, this is the only request so far this year and therefore budgeted funds are available.

 

Asset Management Implications

While this item will result in the acquisition of additional land assets, there are no expected asset management implications as the land in question is currently undeveloped vacant land which is adjacent to land already controlled by the Shire.

 

Statutory Implications

Acquisition of land is covered in section 5.39 of the Local Government Act 1995.

Section 6.8 of the Local Government Act 1995 covers expenditure of unbudgeted items from within the municipal account.

 

Policy Implications

The policy implications arising from this report are contained within the recently adopted Public Land Asset Strategy Policy.

 

Strategic Implications

Strategic Community Plan 2012-2022

Economy

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 3.5.1.1 - Finalise and implement Public Lands Strategy

 

Attachments

a.

Request to Sell

 

 

Officer’s Recommendation

 

That Council,

1.    Approves the purchase of Lot 63 Moir Street at a price of $3,000.

2.    Approves the waiver of Shire Rates & Levies on Lot 63 Moir Street for the 2015/16 year as part of the purchase.

3.    Authorises the Shire President and Chief Executive Officer to execute all necessary documents to enable this transaction to be finalised.

Voting Requirement                                          Simple Majority


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 44

 

 

 


 


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 45

 

12.3   External Service - Community Division

Nil

12.4   Asset Management

Nil

12.5   Corporate Resources

Item: 12.5.1  

Lease Renewal - Old Sinclair House - Museum Village Park

Author/s

Jennifer Parry

Manager Corporate Support

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D15/23215

 

Applicant

Amanda Thomas

 

Location/Address

Sinclair House - Museum Village Park – Lot: 60 on Diagram: 5742 – Reserve 2815 & Lot 61: on Diagram: 5742 - 58 & 60 Dempster Street Esperance.

 

 

 

Executive Summary

For Council to consider renewing the Lease on the Old Sinclair House building in Museum Village Park to Amanda Thomas.

 

Recommendation in Brief

That Council, subject to the approval of the Minister of Lands, agrees to lease to Amanda Thomas, trading as E.S.P. the property described as Sinclair House, Museum Village located on a portion of Lot 61 and Lot 60 on Reserve 2815, Dempster Street Esperance, for a lease period of 5 years subject to specified conditions.

Background

Mrs. Thomas (along with her husband) was assigned the lease on Sinclair House on 1 March 2006 where they have been running a successful business retailing tourist gifts, fashion accessories, ice-cream & coffee. The current lease is due to expire 31 December 2015.

 

Officer’s Comment

Mrs. Thomas is very active in promoting the Museum Village and is a co-ordinator of the Village Markets. Mrs. Thomas has been a very good tenant over the past 9 years and there has been no reasons found indicating that a lease renewal should not be granted. E.S.P. being the name of the business operated by Mrs. Thomas also complies with the Council Policy COR 003: Museum Park Building Leasing Arrangements, indicating that the village should promote local and regional arts & crafts, local produce and tourism retail.

 

Consultation

Asset Management

 

Financial Implications

Current rent (2015) on Sinclair House is $5,069.00 p.a. (ex GST). Proposed new rent for this property is $9,729.00 p.a. (ex GST). In accordance with Policy COR 004: Building & Property Leases, as amended September 2015 “Existing leaseholders that are renewing their lease will have rentals that are phased in over a three year period.” Therefore the phased in new rent will be;

2016 - $ 6,623.00

2017 - $ 8,176.00

2018 - $ 9,729.00

The remaining 2 years of this new proposed 5 year lease term will be calculated in accordance with Policy COR 004; by obtaining the average of the base commercial rent for the town centre (obtained from local real estate) and discounting this amount by 20% to recognise the condition and setback location of the village from Dempster Street. C.P.I. increases will still apply to both the phased in rent amounts and the calculation according to Policy COR 004.

 

Asset Management Implications

Recent inspection of Museum Village properties indicates that Sinclair House requires maintenance at an estimated $8,860.00 over the next 3 years. Approximately $4,000.00 is specified as immediate works required.

 

Statutory Implications

Local Government Act 1995 - Section 3.58 Disposing of Property

Land Administration Act 1997 - Section 18 Crown Land Transaction that Minister’s Approval

Local Government Act 1995 – Section 9.49A Execution of Documents

 

Policy Implications

COR 003: Museum Park Buildings Leasing Arrangements

COR 004: Building & Property Leases

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.12 Manage Shire leases and insurances

 

Attachments

Nil

 

Officer’s Recommendation

That Council agrees to lease to Amanda Thomas, trading as E.S.P. the property known as Sinclair House Museum Village located on a portion of Lot 61, and Lot 60 on Reserve 2815, Dempster Street Esperance, subject to the following;

1.   The lease agreement be subject to the approval of the Minister of Lands;

2.   The term of the lease be for 5 years from 1 January 2016;

3.   That all lease terms and conditions be as per the current standard Commercial Lease document including an annual charge for land rates for the term of the lease;

4.   Will be advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property; and

5.   Authorises the CEO to execute the lease.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 48

 

Item: 12.5.2  

Rate Exemption Applications

Author/s

Shane Burge

Director Corporate Resources

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D15/24442

 

Applicant

Australian Red Cross

Esperance Care Services Inc.

 

Location/Address

Australian Red Cross- 57 Dempster Street, Esperance

Esperance Care Services Inc- 2 Gilpin Street, Esperance                         

 

Executive Summary

For Council to consider granting rates exemptions to two properties under Section 6.26(2)(g) (Charitable purpose exemption) of the Local Government Act 1995.

 

Recommendation in Brief

That Council-

1.   Grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 to Australian Red Cross for 57 Dempster Street, Esperance (Assessment 653) from the 1st July 2015.

2.   Grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 to Esperance Care Service Inc. for 2 Gilpin Street, Esperance (Assessment 77420) from the 1st July 2015.

 

Background

Applications for rates exemptions under Section 6.26(2)(g)- Charitable purpose have been received from two organizations being Australian Red Cross (ARC) and Esperance Care Service (ECS).

 

Australian Red Cross has operated a “second hand clothing and bric-a-brac” retail shop at 57 Dempster Street since 1990. 100% of profits made from multiple retail shops around the state are used to assist people in times of need through their community service programmes. Red Cross has been part of the Esperance community since 1939.

 

A rates exemption was offered to the Red Cross for 57 Dempster Street in 1988 as it was used exclusively for charitable purpose. It is unclear as to why the property again become rated, but it would appear that rates have been charged on the property since the installation of our current accounting software in the late 1990’s. 

 

Esperance Care Services is a not-for-profit organisation which develops and delivers crisis, emergency and community services to the people of the Esperance region who are facing poverty, suffering and hardship. ECS was established in 1996 to make a positive difference for people in the Esperance area. ECS provides crisis assistance, emergency relief, food hampers and pastoral counselling to those in need.

 

Esperance Care Services is similar to the Red Cross in that it also operates a thrift shop that generates income to be used to offer community services for people in need.

 

If the Council did offer rates exemptions it would only be for the rates component of the Rates Notice. All other charges inclusive of rubbish, waste levy, and emergency services levy would still apply.

  

Officer’s Comment

Section 6.26(2)(g) of the Act provides that “land used exclusively for charitable purposes” is not rateable by a local government. There is no clear definition in the Act as to how this clause should be interpreted and as such there is inconsistencies in the interpretation and application of the charitable land use provisions by local governments. Although there is no clear definition there has been case law and ‘general practice’ as well as guidance from local government inquiries that can be used as a guide to help local government determine rate exemptions provided under this section of the Act.

 

An independent inquiry in 2001 was conducted by the Commonwealth into definitional issues relating to charitable, religious and community not-for-profit organizations. This inquiry along with the WA Charitable Collections Act 1946 assists in defining the term “charitable purpose”. Each definition appears to have its origin from the Charitable Uses Act 1601 and the House of Lords case of 1891 which define charitable purpose to include: relief of the aged, impotent and poor, the advancement of education and religion and other purposes of benefit to the community.

 

Mere ownership of land by a charitable organization does not in itself bring that land within the scope of Section 6.26(g). It is only where the use of the land is for a charitable purpose that the sub-section applies. Accordingly, land in private, as opposed to charitable ownership, could be exclusively used for a charitable purpose. This view was supported it the case of William Trustees v Inland Revenue Commissioners (1947) and also more recently where retirement villages are privately owned have been determined to meet the charitable purpose definition.

 

Legal opinion indicates that payment for services rendered or a profit motive by an institution does not deny that institution of charitable status for rating purposes, provided the profits do not accrue to an individual or non-charitable objects. However, if the charges function to exclude the element of public benefit, then this may be found to be inconsistent with the charity definition. In the instance of the Red Cross and Esperance Care Services they both operate a “thrift shop” with the intention of profit however the profits that are generated are used within the charity for the benefit of the community and therefore meet the public benefit requirement. The charities are available for anyone who is in need and could be argued that the community service programs are the main function for both organizations and the “thrift shops” are supportive and incidental to their operations and purpose. 

 

Both the Red Cross and Esperance Care Services fit within the charitable purpose definition to include: relief of the aged, impotent and poor, the advancement of education and religion and other purposes of benefit to the community. It is common throughout WA local governments that charitable organisations that provide community services and operate “thrift shops” to supplement their programs are exempt under Section 6.26(2)(g). This is also in line with previous practice by the Shire of Esperance in 1988 by offering a rates exemption to the Red Cross for the property at 57 Dempster Street.

 

It is therefore recommended that both Esperance Care Services and Australian Red Cross be granted rates exemption under Section 6.26(2)(g) from the 1st July 2015 and any land rates that were paid during that time be refunded. 

 

 

 

Consultation

Information from the applicants has been received to determine recommendations based upon Case Law and general local government interpretation of the Local Government Act 1995

 

Financial Implications

The financial implications arising from this report are that provided rates exemption were provided to both properties the following financial impact per year is as follows-

Australian Red Cross rates for 2015/16 amount to $3,132.90.

Esperance Care Services Inc. rates for 2015/16 amount to $ 3,639.69.

 

Statutory Implications

Section 6.26(2)(g) of the Local Government Act 1995

 

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.19 Manage Shire Rates

 

Attachments

a.

Red Cross Rates Exemption Application

 

b.

Esperance Care Services Rates Exemption Application

 

 

 

Officer’s Recommendation

That Council

1.  Grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 to Australian Red Cross for 57 Dempster Street, Esperance (Assessment 653) from the 1st July 2015.

2.  Grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 to Esperance Care Service Inc. for 2 Gilpin Street, Esperance (Assessment 77420) from the 1st July 2015.

 

Voting Requirement                                 Simple Majority

 


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 51

 
















Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 66

 










Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 75

 

Item: 12.5.3  

Deed of Variation & Extension of Lease - Esperance & Districts Agricultural Society (Inc)

Author/s

Jennifer Parry

Manager Corporate Support

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D15/24740

 

Applicant

Esperance & Districts Agricultural Society (Inc)

 

Location/Address

Portions of Reserve 3287, Lot 968 Black Street Esperance

 

Executive Summary

This report was initially presented to Council in July for consideration of allowing an extension and variation of the existing lease for Esperance & Districts Agricultural Society (EDAS). Council resolution in July was to defer until the meeting of Council in October 2015.

 

Recommendation in Brief

That Council defer this item further until the time that the Greater Sports Ground Committee have discussed the proposed lease area with all clubs involved and have a collective plan to move forward.

 

Background

This report was presented to Council in July 2015 with the Resolution “That Council defer this item to give the Greater Sports Ground (GSG) Committee the opportunity to discuss the proposed lease area with all clubs involved and to reconsider the item at the October Ordinary Council Meeting.”

 

Officer’s Comment

To date the meetings between the GSG Committee and other clubs that use the grounds have not been fully completed; further discussions need to take place with regard to the Soccer Club’s desire to proceed to stage two of their development plans before the GSG Committee can reconvene.

 

The current term of the agreement between the Esperance & District Agricultural Society and the Shire of Esperance expired on 30 June 2015. This agreement contains an option for a further 5 year term which was being exercised in the original Council report (including a variation in lease area). Deferment of this decision is unlikely to be cause for concern being that the agreement contains a ‘hold over’ clause.

 

Consultation

Executive Manager Community Division

 

Strategic Implications

Strategic Community Plan 2012-2022

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

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

 

Attachments

Nil

 

Officer’s Recommendation

That Council defer this item further until the time that the Greater Sports Ground Committee have discussed the proposed lease area with all clubs involved and have a collective plan to move forward.

 

Voting Requirement    Simple Majority

 


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 77

 

Item: 12.5.4  

Appointment of Audit Committee

Author/s

Shane Burge

Director Corporate Resources

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D15/25048

 

Applicant

Corporate Resources

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to appoint members of Council to the Audit Committee.

 

Recommendation in Brief

That Council appoint four Councilors to the Audit Committee as per the Audit Committee Terms of Reference and advertise for an independent committee member.

 

Background

As a result of the recent Council elections held on the 17th October, the current membership to Council appointed committees has been declared vacant.

 

The independent member, Ms Pia Powell resigned from the Audit Committee during August 2015.

 

Officer’s Comment

It is anticipated that the Audit Committee will need to meet in November to consider the annual financial report.

The audit committee is the only Council committee that is required by the Local Government Act 1995 and is required to consider the financial report and audit report before being referred to the Council for endorsement. 

To ensure the annual electors meeting can be held before Christmas there is a need to elect the members of the audit committee prior to the November Ordinary Council Meeting.

The Audit Committee Terms of Reference are attached.

 

Statutory Implications

Part 7 Division 1A of the Local Government Act 1995 deals with Audit Committee.

 

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.15        Manage financial services

 

 

Attachments

a.

Audit Committee Terms of Reference

 

 

 

Officer’s Recommendation

That Council-

1.       Appoint Cr _____________, Cr _____________, Cr _____________ and Cr_____________ to the Audit Committee pursuant to the Committee’s Terms of Reference.

2.       Advertise for an independent audit committee member.

Voting Requirement                                          Absolute Majority

 


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 79

 




Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 82

 

Item: 12.5.5  

Policies Review - Human Services

Author/s

Jennifer Parry

Manager Corporate Support

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D15/25082

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

For Council to review the section of the Policy Manual that relates to Human Resources and accept the amendment to COR 007; Procurement Policy.

 

Recommendation in Brief

That Council adopt amendments to Policy COR 007; Procurement Policy in accordance with the recent modifications to the Local Government Act (Functions and General) Regulations 1996 as well as accepting  amendments to the Human Resources section of the Policy Manual 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.

 

The Procurement Purchasing thresholds contained within the Local Government Act (Functions and General) Regulations 1996 were amended in September 2015. The previous value of procurement goods or services exceeding $10,000 but remaining under $99,999 has increased to the amount of $149,999. Therefore, the amount of purchase required in order to conduct a public tender process has increased from $100,000 to $150,000. Modifications to the COR 007; Procurement Policy are required in order to ensure the Policy reflects the amendments to the Act.

 

Officer’s Comment

The following is a summary of recommended amendments to the existing Human Resources section of the Council Policy Manual (see Attachment A for details);

 

Policy Name

Recommended Amendment

HR 001: Motor Vehicles

Unchanged

HR 002: Staff Entitlements

Removal of old practices

 

Change Director titles

 

Insertion of a relocation clause to assist with housing rental for 6 months as per current practice

HR 003: Staff Retention & Recruitment

Changes to include wording from Shire of Esperance Enterprise Agreement

 

Remove Schedule of Allowance

HR 004: Staff Annual and Long Service Leave Management

Change Policy to make compliant with the Shire of Esperance Enterprise Agreement and LSL Regulations

HR 005: Recognition of Long-Term Service

Removal of prescriptive directions

 

Update names and titles

HR 006: Employment of Trainers

Remove Policy

HR 007: Equal Opportunity, Harassment & Bullying

Clarification and improvement to Policy.

HR 008: Emergency Volunteer and Reserve Services Leave

Unchanged

HR 009: Jury Duty

Unchanged

HR 010: Occupational Safety & Health

Add last review date and change Objective to Aim

HR 011: Termination of Employment

Change to match Shire of Esperance Enterprise Agreement

HR 012: Gratuity Payment and Farewell Gifts to Employees

Farewell gift value rewritten to display current limit.

HR 013: UV & Clothing Policy

Rewritten for current practices.

HR 014: Workplace Drug and Alcohol Use

Recommend that Drug & Alcohol testing be applicable to all persons appointed to the Shire

 

Recommend that Oral Fluid testing be introduced as an additional option to test for drugs

 

Consultation

Shire Directors

Manager Human Resources

 

Statutory Implications

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

Local Government Act (Functions and General) Regulations 1996

 

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.

 

Attachments

a.

Human Services Reviewed Policies

 

b.

COR 007; Procurement Policy - Ammendments

 

 

Officer’s Recommendation

 

That Council

1.  Endorse the Human Resources section of the Policy Manual inclusive of amendments and deletions as reviewed; and

2.  Adopt amendments to Policy COR 007; Procurement Policy in accordance with the recent modifications to the Local Government Act (Functions and General) Regulations 1996.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 October 2015                                                                                                                         Page 84

 















































Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 130

 








Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 137

 

Item: 12.5.6  

Financial Services Report - September 2015

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D15/25425

 

 

Attachments

a.

Monthly Financial Report - September 2015 - Under Separate Cover

 

 

 

Officer’s Recommendation

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity excluding the Accounts for Payment) for the month of September as attached be received.

Voting Requirement                       Simple Majority

  


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 138

 

12.6   Executive Services

Item: 12.6.1  

Agenda Briefing and Ordinary Council Meeting Dates for 2016

Author/s

Sarah Fitzgerald

Administation Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D15/23807

 

Applicant

Internal

 

Executive Summary

For Council to accept the proposed dates for the Agenda Briefing Session and Ordinary Council Meeting for 2016 as attached.  

 

Recommendation in Brief

That council agrees to the attached schedule of Agenda Briefing Session and Ordinary Council Meeting dates for 2016.

 

Officer’s Comment

Each year Council endorses proposed Agenda Briefing and Ordinary Council Meeting (OCM) dates for the following year which allows for public advertisement as per section 5.25(1)(g) of the Local Government Act 1995 and 12(1) of the Local Government regulations 1996.

At this time Council meet on the third Tuesday of every month at 1pm for an agenda briefing and on the fourth Tuesday at 4pm for the OCM. It is recommend that this practice continues with the exception of the January OCM which falls on Tuesday the 26th January, Australia day and the December Agenda Briefing and OCM which fall within the festive season. To accommodate these holidays it is proposed that the January OCM is held on Wednesday the 27th January and the December Agenda briefing and OCM are both held a week earlier.

 

Statutory Implications

Under Section 5.25(1)(g) of the Local Government Act 1995 and 12(1) of the Local Government regulations 1996 Council must give public notice of the date and agenda for Council meetings.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

4.2     Maintain a clear, transparent and ethical decision making process

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

4.4     Actively engage with the community to inform decision making and improve conversations within the community.

 


Attachments

a.

Proposed Agenda Briefing Sessions & Ordinary Council Meetings 2016

 

 

Officer’s Recommendation

That Council

1.    Agree to continue holding an Agenda Briefing at 1pm on the third Tuesday of every month commencing January 2016 with the exception of the December meeting, this date will be bought forward one week to accommodate for the Festive Season (see attached).

2.    Agree to the attached schedule of Ordinary Council Meeting dates from January 2016 until December 2016:

3.    Request the Chief Executive Officer to undertake all statutory advertising in this regard.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 140

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 141

 

Item: 12.6.2  

Request for assistance from the Northern Mallee Declared Species Group

Author/s

Priscilla Davies

Manager Executive Services

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D15/25534

 

Applicant

Northern Mallee Declared Species Group 

 

Location/Address

Rural Land Holders in the Shire of Esperance

 

Executive Summary

The Northern Mallee Declared Species Group (NMDSG) have requested assistance from Council to conduct a publicity campaign informing the rural community of potential changes to the group and the financial implications for all rural land owners.

 

Recommendation in Brief

That Council:

1.   Provide in principle support to the Northern Mallee Declared Species Group (NMDSG) to transition from a Declared Species Group to a Recognised Biosecurity Group if a majority vote is attained at the Special Council Meeting February 2016

2.   Direct the CEO to assist the NMDSG by sending out a flyer to all rural land owners outlining the proposal, potential impacts and date of Special General Meeting

3.   Direct the CEO to assist the NMDSG in a promotional campaign to inform all rural land owners of the proposal

 

Background

The NMDSG was formed to assist farmers in the Esperance Region with developing solutions to the wild dog challenges that were and still are being faced by the rural community.

 

The NMDSG contacted the CEO Matthew Scott to request assistance in a promotional campaign to all rural land owners of potential changes to the group (a copy of the letter is attached). The NMDSG are investigating a change in structure that will see the group become a Recognised Biosecurity Group. The restructure has been proposed due to changes in funding programs. Previously available funding for a Declared Species Group will no longer be available, directly affecting the viability of the group.

 

The NMDSG have elected to hold a Special General Meeting in February that will present a motion to all NMDSG General Members, changing the group from a Declared Species Group to a Recognised Biosecurity Group. The NMDSG Committee feel the restructure will secure funding for the future, with 50% funding from the State Government and 50% from a levy applied to Esperance Rural Land owners.

 

A promotional campaign needs to be undertaken to inform all land owners of the alternate structure being proposed and the financial implications. This is to allow for feedback to the group to determine if rural land owners support the proposed change.

 

 

 

Officer’s Comment

The NMDSG are requesting Councils assistance to inform and engage with the community. The Shire of Esperance Strategic Community Plan highlights the values and aspirations of the broader Esperance community and their desire to be given the opportunity to be involved in decision making process where possible. By assisting the NMDSG Council are encouraging broad community involvement and engagement. The shire has the resources to provide advice and assistance in their endeavours. The sire can assist with a direct mail out of information to all rural land owners. Additionally the shire can utilise Council Connections and the shire website and social media pages to promote the information to the rural community.

 

Consultation

Northern Mallee Declare Species Group

 

Financial Implications

The financial implications arising from this report are;

Description

Budget Figure

Amended Figure

Variation

Mail out to all rural land owners

 

$0

$1600

$1600

Net result

$1600

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Actively engage with the community to inform decision making and improve conversations within the community

The community have a variety of opportunities to be involved and are able to make meaningful contributions to decision making

 

Corporate Business Plan 2013/2014 – 2016/2017

A Council that proactively engages with all elements of its community in order to make decisions that reflect positively on the future of Esperance

 

Environmental Considerations

The environmental considerations arising from this report are the impacts that the potential restructure will have on the control of dogs in the Esperance region.

 

Attachments

a.

Letter from Northern Mallee Declared Species Group Inc.

 

 

Officer’s Recommendation

 

That Council:

1.   Provide in principle support to the Northern Mallee Declared Species Group (NMDSG) to transition from a Declared Species Group to a Recognised Biosecurity Group if a majority vote is attained at the Special Council Meeting February 2016

2.   Direct the CEO to assist the NMDSG by sending out a flyer to all rural land owners outlining the proposal, potential impacts and date of Special General Meeting

3.   Direct the CEO to assist the NMDSG in a promotional campaign to inform all rural land owners of the proposal

Voting Requirement                       Simple Majority


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 143

 



Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 145

 

Item: 12.6.3  

Goldfields-Esperance Regional Investment Draft Blueprint

Author/s

Matthew Scott

Chief Executive Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D15/25523

 

Applicant

Goldfields Esperance Development Commission

 

Location/Address

Goldfields Esperance Region comprising the 9 local governments within the region.

 

 

Executive Summary

For Council to consider a response to the draft Goldfields-Esperance Regional Investment Blueprint document.

 

Recommendation in Brief

That Council to authorise the CEO to prepare a detailed submission on the Draft Regional Blueprint, to be circulated to all Councillors prior to being formally submitted. 

 

Background

The Goldfields Esperance Development Commission (GEDC) recently released a draft regional investment blueprint inviting submissions on the plan during the public consultation period (16 September – 11 November 2015).

 

In 2010 the State Government recognised that ensuring future economic and community development aspirations in regional Western Australia requires the development of strategic plans to guide collective and coordinated action across the State. This presented the opportunity for Western Australia’s nine Development Commissions to strategically plan for long term change through the development and implementation of regional investment blueprints. The blueprints are importantly developed in the region, by the region, for the region’s future.

The Goldfields-Esperance Regional Investment Blueprint (the Blueprint) is a roadmap for the future social and economic growth and prosperity out to 2050 and beyond. Through the identification of local opportunities, challenges and priorities, it provides a credible and guiding framework that will foster economic opportunities and build communities, ensuring the integration of government, industry and community sector planning.

The Blueprint has been prepared by the GEDC and incorporates the knowledge of local government, key State and Commonwealth Government agencies, the non-government, community and not-for– profit sectors, captured through workshops, one-on-one discussions and surveys undertaken over a two year period to develop the Blueprint.

The Blueprint is an overarching and guiding strategy for the Goldfields-Esperance region which has been informed by a range of policies, strategies, plans and frameworks relevant to the region and across the State. The Blueprint forms part of the State Planning Framework and is aligned with the State Planning Strategy and Goldfields-Esperance Regional Planning and Infrastructure Framework.

 

Officer’s Comment

Six regional priorities are central to the Blueprint where strategies and outcomes have been developed to guide the region over the next 20 and 35 years until 2050. The six regional priorities are as follows-

·     Market Access Infrastructure and Services

·     Population Services and Facilities

·     Food Production and Agriculture Services

·     Energy and Industrial Technology

·     Innovation and Knowledge Economy

·     Tourism and Visitation

 

Given the influence this document will have in future funding opportunities, it is important that the Shire provide a submission to the GEDC.  In developing a response to the draft Blueprint, it is envision the Shire’s submission should focus on identified concerns revolving around the strategies and outcomes relating to the six regional priorities, in particular-

 

·  There is a general disconnect between the strategies and the outcomes. Would like to see the strategies and outcomes in a single table format (listing priorities, strategies, outcomes and stakeholders) so the outcomes can be easily followed from the relevant strategies.

·  There are a number of individual projects mentioned within the Blueprint, despite previous advice the Blueprint would not be project specific.

·  Would appear that there are a number of outcomes contained within the strategies area and outcomes that have no clearly linked strategy. An example being an outcome of people in the region are healthier but the only strategy that mentions health only refers to mental health.

·  Protecting our unique and pristine environment does not seem to be a priority in Blueprint, and is missing from the strategies and outcomes. Management of the environment and specifically the coastal environment will be integral to the success of a number of other strategies and outcomes.  

·  Identifying and assessing agricultural land requirements (to grow agricultural capacity) has been omitted despite being a significant strategy within the Esperance Region Economic Development Strategy, and supported by all Local Governments within the Region (via GVROC).

 

In general, the Blueprint needs further refinement, rather than altered significantly, to achieve a better overall outcome and document.

 

The Blueprint is a long term economic and community development plan that will require the support of many stakeholders to see the plan come to fruition. The Blueprint is seen as a key regional planning document to drive the Goldfields Esperance Region over the next 35 years.

 

GVROC is also preparing a submission on the Draft Blueprint, and a special meeting of GVROC has been organised for the 6 November 2015, prior the 11 November 2015 end of submission period.  The Shire’s submission will need to be finalised prior to this meeting.  

 

Consultation

Workshop with Council

Executive Management Group

 

Financial Implications

The financial implications arising from this report are minimal as this is a submission based upon the Blueprint. A number of the strategies however, may have financial implications on the Shire in the future.

 

Statutory Implications

The Shire of Esperance Strategic Community Plan and draft Esperance Region Economic Development Strategy has been used to assist in providing feedback on the Blueprint.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Ensure Councillors are representative of the community and provide strong and visionary leadership

A clear direction for the future

 

Attachments

Nil

 

Officer’s Recommendation

That Council authorise the CEO to prepare a detail submission regarding the Draft Regional Blueprint, focusing on the points raised in this report; to be circulated to all Councillors prior to the GVROC Meeting on the 6 November 2015.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 148

 

Item: 12.6.4  

Information Bulletin - August 2015

Author/s

Sarah Fitzgerald

Administation Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D15/24944

 

 

Attachments

a.

Information Bulletin - October 2015

b.

Letter - Congratulations on 120 years of Municipality - Senator for Western Australia

c.

Letter - Congratulations on 120 years of Municipality - Federal Member for O'Connor

d.

Letter - Workplace Learning Appreciation - Olivia Keevil

e.

Register - Common Seal Usage

f.

Register - Delegations Discharge – Corporate Resources

g.

Interplan Report - September 2015 - Under Separate Cover

h.

Summary Minutes - State Council Meeting - September 2015 - Under Separate Cover

i.

Minutes - WALGA AGM - 5 August 2015 - Under Separate Cover

j.

Minutes – GVROC Officers Technical Working Group Meeting - 28 July 2015 - Under Separate Cover

k.

Minutes – GVROC Officers Technical Working Group Meeting - 4 September 2015 - Under Separate Cover

l.

Minutes – GVROC Council Meeting - 5 August 2015 - Under Separate Cover

m.

Minutes – GVROC Council Meeting - 28 August 2015 - Under Separate Cover

 

 

Officer’s Recommendation

That Council accept the Information Bulletin for August 2015 including;

1.       Letter – Congratulations on 120 years of Municipality – Senator for Western Australia

2.       Letter – Congratulations on 120 years of Municipality – Federal Member for O'Connor

3.       Letter – Workplace Learning Appreciation - Olivia Keevil

4.       Register – Common Seal Usage

5.       Register – Delegations Discharge – Corporate Resources

6.       Interplan Report – September 2015

7.       Summary Minutes – State Council Meeting – September 2015

8.       Minutes – WALGA AGM – 5 August 2015

9.       Minutes – GVROC Officers Technical Working Group Meeting – 28 July 2015

10.     Minutes – GVROC Officers Technical Working Group Meeting – 4 September 2015

11.     Minutes – GVROC Council Meeting – 5 August 2015

12.     Minutes – GVROC Council Meeting – 28 August 2015

Voting Requirement                       Simple Majority

 

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 149

 

Agenda Cover Page

 

 

 

Cover Page.jpg

 

 

 

 

 

 

 

 

 

Shire of Esperance

 

 

INFORMATION BULLETIN

 

 

ORDINARY COUNCIL MEETING

 

 

 

 

27 October 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SHIRE OF ESPERANCE

Index

SHIRE OF ESPERANCE    

1            Asset Management         4

1.1         Grading Report                                                                                       4

2            Statutory Division                                                                                   5

 

 

 

 

 

                                                                                                                                          

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 151

 


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

  29/09/2015      15316                                                                                                                           Lot: 15 Pln: 65554                      New Building    Storage Building       Steel           Steel      Concrete                                                                                                         1                                            228.0            

                                                                                                                                                   23 Brazier Street

                                                                                                                                                   CHADWICK

  30/09/2015      15439                                                                                                                           Lot: 153 Pln: 13543                    New Building    Dwelling ‑ Single  Concrete or      Steel      Concrete                                                                                                         1                                            400.0            

                                                                                                                                                   6 Hockey Place                                      stone

                                                                                                                                                   WEST BEACH

                                                                                                                                                        New Building    Retaining Wall    Concrete          1                                                                                                                                                                                                  

 

  04/09/2015      15891                                                       M R Lister                                                     Lot: 24 Pln: 2275                       New Building    Garage/Shed       Steel           Steel      Timber                                        1                                                                  39.0                                       

                                                                              41 Downes Street                                           43 Downes Street

                                                                              PINK LAKE  WA  6450                                     PINK LAKE

  16/09/2015      15932                                                       S M Palmer                                                   Lot: 85 D: 94027                        New Building    Dwelling ‑ Single       Steel           Steel      Concrete                                     1                                                                                                                

                                                                              44 Pink Lake Road                                          Orana Drive

                                                                              ESPERANCE  WA  6450                                  MYRUP

  15/09/2015      15995                                                       Ryan Dixon PTY LTD T/A Dixon         14605      Lot: 20 Pln: 300915                    New Building    Office Building      Brick,           Steel      Concrete                                     1                                                   385.0      3,000.00

                                                                              Construction                                                   64 Windich Street                                      veneer

                                                                              The Esplanade                                                ESPERANCE

                                                                  Esperance  WA  6450

  30/09/2015      16049                                                       Glen Echo Pty Ltd                             9556       Lot: 101 Pln: 54657                    New Building Dwelling ‑ Ancillary Brick,   Steel                                          Concrete                                            1         89.0                                       

                                                                              4 Hill Street                                                    20 Easton Road                                              Accommodation                                      veneer

                                                                              CHADWICK  WA  6450                                   CASTLETOWN

  03/09/2015      16120                                                       C G Johnson                                                 Lot: 255 Pln: 1853                      New Building    Carport       Steel           Steel      Other                                          1                                                                  36.0                                        5,200.00

                                                                              9 Phyllis Street                                               7 Daphne Street

                                                                              CASTLETOWN  WA  6450                                CASTLETOWN

  25/09/2015      16133                                                       B T Bridges                                                    Lot: 151 Pln: 12626                    New Building    Garage/Shed     Timber          Steel      Concrete                                     1                                                                  78.0                                        15,700.00

                                                                              18 Freeman Street                                          18 Freeman Street

                                                                              SINCLAIR  WA  6450                                      SINCLAIR

  02/10/2015      16139                                                       R J Donaldson Building Contractor     9687       Lot: 47 D: 94963                        New Building    Dwelling ‑ Single     Timber          Other      Concrete                                     1                                                   428.0      1,400,000.00

                                                                              Address Unknown                                           47 Peek Road

                                                                                                                                                   WEST BEACH

                                                                                                                                                        New Building    Garage/Shed       Steel           Steel                                                                                                                                                                           Concrete                                  144.0 

 

  15/09/2015      16142                                                       Greg Horan Construction Pty Ltd       14356      Lot: 761 D: 63015                      New Building Dwelling ‑ Ancillary Fibre    Steel                                          Timber                                               1         62.0                                        50,000.00

                                                                              Lot 9 Connolly Street                                       112 Stable Road                                              Accommodation                                      Cement

                                                                              PINK LAKE  WA  6450                                     CHADWICK

  07/09/2015      16144                                                       L D Ferguson                                                Lot: 210 D: 92100                      New Building    Patio      Other          Other      Concrete                                     1                                                                  67.0                                        15,000.00

                                                                              5 Amelia Circuit                                              5‑7 Amelia Circuit

                                                                              WEST BEACH  WA  6450                                WEST BEACH

  11/09/2015      16145                                                       Glen Echo Pty Ltd                             9556       Lot: 2001 Pln: 29799                  New Building    Other Structure       Steel           Other      Concrete                                     1                                                    36.0       49,351.00

                                                                              4 Hill Street                                                    15 Hill Street

                                                                              CHADWICK  WA  6450                                   CHADWICK

                            

  07/09/2015      16146                                                       P J Freeman                                                 Lot: 16 Pln: 46110                      Alterations       Dwelling ‑ Single     Timber          Steel      Concrete                                     1                                                                  108.0                                      18,730.00

                                                                              61 Burton Road                                               Downes Street

                                                                              CASTLETOWN  WA  6450                                PINK LAKE

  10/09/2015      16147                                                       T J Buckman                                                 Lot: 38 D: 91697                        Alterations       Dwelling ‑ Single       Fibre           Steel      Timber                                        1                                                                  70.0                                        5,000.00

                                                                              371 Kooyang Road                                          6 Stewart Street                                      Cement

                                                                              ELSTERWICH VIC  3185                                 WEST BEACH

  16/09/2015      16150                                                       Co‑operative Bulk Handling Ltd          13653      Lot: 15 Pln: 22892                      New Building    Storage Building       Steel           Steel      Concrete                                     1                                                  8750.0     83,100.00

                                                                              Gayfer House, 30 Delhi St                                169 Harbour Road

                                                                              WEST PERTH  WA  6005                                 CHADWICK

 

 

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

  02/09/2015      16151                                                       McMahon Services Australia Pty.       14197      Lot: 901 Pln: 48785                    Refurbishme    Industrial Building       Steel             1                                                          3,075,026.00

                                                                              Ltd.                                                               146 Shelden Road                      nt

                                                                              Unit 11                                                          CHADWICK

                                                                  524 Abernethy Road

                                                                  Kewdale WA  6105

  03/09/2015      16152                                                       D G Dodge                                                    Lot: 17 Pln: 9671                       Alterations       Garage/Shed      Brick,           Steel      Concrete                                     1                                                                  6.0                                          2,000.00

                                                                              33 Easton Road                                              33 Easton Road                                      veneer

                                                                              CASTLETOWN  WA  6450                                CASTLETOWN

  02/09/2015      16153                                                       M W Thompson                                             Lot: 95 Pln: 1376                       Alterations       Garage/Shed     Timber          Steel      Concrete                                     1                                                                  39.0                                        19,500.00

                                                                              215 Goldfields Road                                        131 Burton Road

                                                                              CASTLETOWN  WA  6450                                CASTLETOWN

  02/09/2015      16155                                                       J D Contractors Pty Ltd                   S1390      Lot: 466 Pln: 12823                    New Building    Office Building      Brick,           Steel      Concrete                                     1                                                    55.0       75,000.00

                                                                              6 Griffin Street                                                11 Rogers Street                                      veneer

                                                                              WEST BEACH  WA  6450                                CHADWICK

  04/09/2015      16156                                                       H Trocinski                                       S414       Lot: 962 Pln: 49174                    New Building    Dwelling ‑ Single      Brick,           Steel      Concrete                                     1                                                   366.0      395,500.00

                                                                              8/3 The Esplanade                                           9 Cologne Street                                      veneer

                                                                              ESPERANCE  WA  6450                                  CASTLETOWN

  30/09/2015      16157                                                       J P Crawley                                    5708       Lot: 667 D: 85121                      Alterations       Retail Building       Steel           Steel      Concrete                                     1                                                   930.0      38,000.00

                                                                              3 Hill Street                                                    2 Gilpin Street

                                                                              CHADWICK  WA  6450                                   CHADWICK

  11/09/2015      16158                                                       S M McGarvey                                              Lot: 404 Pln: 1376                      New Building    Retaining Wall      Other          Other      Concrete                                     1                                                                                                                 12,000.00

                                                                              Address Unknown                                           60 Westmacott Street

                                                                                                                                                   CASTLETOWN

  10/09/2015      16159                                                       R J Templeton                                               Lot: 609 D: 58777                      New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  112.0                                      16,000.00

                                                                              8 Butler Street                                                8 Butler Street

                                                                              CASTLETOWN  WA  6450                                CASTLETOWN

  09/09/2015      16160                                                       R W Franceschi                                             Lot: 30 Pln: 24646                      New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  135.0                                      18,500.00

                                                                              27 Emily Street                                               South Coast Highway

                                                                              ESPERANCE  WA  6450                                  MONJINGUP

                            

  16/09/2015      16161                                                       C H Reichstein                                              Lot: 7 Pln: 9956                         New Building    Retaining Wall  Concrete or   Concrete    1                                                                                                                   40,000.00

                                                                              Lot 19 Burdett Road                                        2 Warrington Street                                      stone

                                                                              NERIDUP  WA  6450                                      ESPERANCE

  11/09/2015      16162                                                       K J Hayes                                                      Lot: 15 Pln: 400371                    New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  49.0                                        17,500.00

                                                                              Lot 8 Twilight Beach Road                                20B Westmacott Street

                                                                              WEST BEACH  WA  6450                                CASTLETOWN

  15/09/2015      16164                                                       B D Partington                                               Lot: 76 Pln: 19063                      New Building    Patio        Not            Steel      Concrete                                     1                                                                  60.0                                        15,000.00

                                                                              7 Orr Street                                                    20 Windabout Way                                      Specified

                                                                              WEST BEACH  WA  6450                                WINDABOUT

                                                                                                                                                        New Building    Garage/Shed       Steel           Steel                                                                                                                                                                           Concrete         1                      112.0 15,000.00

 

  10/09/2015      16166                                                       M A Evans                                    1001363     Lot: 415 Pln: 54744                    New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                   306.0      50,000.00

                                                                              19 Lewis Street                                               Canning Drive

                                                                              LAMINGTON  WA  6430                                  PINK LAKE

  09/09/2015      16167                                                       T A Barrett                                                    Lot: 70 Pln: 57159                      New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  75.0                                        8,600.00

                                                                              12 Remark Drive                                             12 Remark Drive

                                                                              CASTLETOWN  WA  6450                                CASTLETOWN

  17/09/2015      16168                                                       J K Butcher                                                   Lot: 336 Pln: 13885                    New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  25.0                                        10,000.00

                                                                              113 Easton Road                                            2 Adelaide Close

                                                                              CASTLETOWN  WA  6450                                WEST BEACH

                                                                                                                                                        New Building    Patio       Steel        Concrete                                                                                                                                                                        1                   29.0                  5,000.00

 

 

 

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

  16/09/2015      16171                                                       F J Ross                                                      Lot: 36 Pln: 19646                      New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  108.0                                      20,000.00

                                                                              Lot 36 Helms Drive                                         209 Helms Drive

                                                                              PINK LAKE  WA  6450                                     PINK LAKE

  16/09/2015      16172                                                                                                                           Lot: 1027 Pln: 31503                  New Building    Storage Building       Steel           Steel      Concrete                                                                                                         1                                            7.0                4,500.00

                                                                                                                                                   The Esplanade

                                                                                                                                                   ESPERANCE

  02/10/2015      16173                                                       Glen Echo Pty Ltd                             9556       Lot: 97 Pln: 222408                    New Building    Dwelling ‑ Group      Brick,           Steel      Concrete                                     1                                                   234.0      271,490.00

                                                                              4 Hill Street                                                    38 Dempster Street                                      veneer

                                                                              CHADWICK  WA  6450                                   ESPERANCE

  15/09/2015      16174                                                       Trac Projects Pty Ltd                       14269      Lot: 73 Pln: 8296                       New Building    Retaining Wall  Concrete or   Concrete    Concrete                                     1                                                                  34,000.00

                                                                              P O Box 572                                                   4 Leake Street                                      stone                                          or slate

                                                                              ESPERANCE  WA  6450                                  ESPERANCE                                      (slab)

                            

  29/09/2015      16175                                                       T A Maloney                                                  Lot: 671 D: 87892                      New Building    Verandah     Timber           Not       Timber                                        2                                                                                                                 4,600.00

                                                                              15 Daphne Street                                            15 Daphne Street                                      Specified

                                                                              CASTLETOWN  WA  6450                                CASTLETOWN

  18/09/2015      16177                                                       WA Country Builders                        11422      Lot: 260 Pln: 69443                    New Building    Dwelling ‑ Single      Brick,           Steel      Concrete                                     1                                                   237.0      282,120.00

                                                                              96‑102 Stirling Terrace                                     42 Thistle Avenue                                      veneer

                                                                              ALBANY  WA  6330                                         BANDY CREEK

  01/10/2015      16178                                                       H Sainty                                                       Lot: 48 D: 94963                        Alterations       Dwelling ‑ Single     Timber          Steel      Timber                                        1                                                                  100.0                                      19,000.00

                                                                              210 Pink Lake Road                                        49 Peek Road

                                                                              PINK LAKE  WA  6450                                     WEST BEACH

  22/09/2015      16180                                                       Quality Builders Pty Ltd                     6978       Lot: 104 Pln: 7698                      Alterations       Dwelling ‑ Single       Steel           Steel      Concrete                                     1                                                    67.0       149,572.00

                                                                              Address Unknown                                           Meyer Road

                                                                                                                                                   CONDINGUP

  24/09/2015      16183                                                       G.J. Gardner Homes                        13090      Lot: 278 Pln: 69443                    New Building    Dwelling ‑ Single      Brick,           Steel      Concrete                                     1                                                   229.0      293,121.00

                                                                              22B Andrew Street                                          88 Walmsley Street                                      veneer

                                                                  ESPERANCE  WA  6450                                  BANDY CREEK

  01/10/2015      16186                                                       N J Wandel                                                   Lot: 626 D: 69093                      New Building    Retaining Wall  Concrete or         1                                                          12,000.00

                                                                              6 The Esplanade                                             31 Beckwith Road                                      stone

                                                                              ESPERANCE  WA  6450                                  CHADWICK

  05/10/2015      16187                                                       M G Beasley                                                 Lot: 166 Pln: 21242                    New Building    Patio        Not            Other      Concrete                                     1                                                                                                                 9,000.00

                                                                              4 Willowtree Avenue                                        9 Amelia Circuit                                      Specified

                                                                              WEST BEACH  WA  6450                                WEST BEACH

  05/10/2015      16188                                                       Wrinkly Tin & Cladding Company                      Lot: 349 Pln: 13208                    New Building    Carport       Steel           Steel      Concrete                                     1                                                                  27.0                                        3,600.00

                                                                              Pty Ltd                                                          4 Maple Street

                                                                              3 Corry Street                                                 CASTLETOWN

                                                                  ESPERANCE  WA  6450

  01/10/2015      16192                                                       Glen Echo Pty Ltd                             9556       Lot: 57 Pln: 57159                      New Building    Garage/Shed    Concrete          1                                                          4,240.00

                                                                              4 Hill Street                                                    18 Hastings Crescent

                                                                              CHADWICK  WA  6450                                   CASTLETOWN

 

                                                                                                                                      Total number of Building Licences:                                                                                                                                                                                      43                                                                                                                                                                    $6,564,950.00

 

 

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

  17/09/2015      15807                                                       P Stockdale                                                   Lot: 348 Pln: 8297                      New Building    Retaining Wall  Concrete or   Concrete    1                                                                                                                   15,000.00

                                                                              24 Crossland Street                                         24 Crossland Street                                      stone

                                                                              ESPERANCE  WA  6450                                  ESPERANCE

                                                                   G Stockdale

                                                                  24 Crossland Street

                                                                  ESPERANCE  WA  6450

  01/09/2015      16132                                                       B T Bridges                                                    Lot: 151 Pln: 12626                    Alterations       Garage/Shed       Steel           Steel      Concrete                                     1                                                                  70.0                                        6,500.00

                                                                              18 Freeman Street                                          18 Freeman Street

                                                                              SINCLAIR  WA  6450                                      SINCLAIR

  07/09/2015      16163                                                       A Markovic                                                    Lot: 26 Pln: 2275                       Alterations       Carport       Steel           Steel      Concrete                                     1                                                                  56.0                                        1,000.00

                                                                              Unit 2/17 Sherwood Street                                50 Princess Street

                                                                              HADFIELD  VIC  3046                                     PINK LAKE

                                                                                                                                                        Alterations       Patio       Steel           Steel                                                                                                                                                                           Concrete         1                      21.0   

 

  16/09/2015      16170                                                       F Wagenknecht                                             Lot: 105 Pln: 19065                    Alterations       Dwelling ‑ Single       Fibre           Steel      Concrete                                     1                                                                  10.0                                        5,000.00

                                                                              Lot 105 Lalor Drive                                          89 Lalor Drive                                      Cement

                                                                              WINDABOUT  WA  6450                                  WINDABOUT

  30/09/2015      16182                                                       P M Dodd                                                     Lot: 29 D: 86272                        New Building    Carport       Steel           Steel      Concrete                                     1                                                                                                                 2,500.00

                                                                              Lot 29 Quarry Road                                         182 Quarry Road

                                                                              MYRUP  WA  6450                                         MYRUP

  05/10/2015      16195                                                       D Revell                                                       Lot: 215 Pln: 12072                    Alterations       Dwelling ‑ Single        Not            Steel      Not                                             1                                                                                                                 10,000.00

                                                                              22 Walmsley Street                                         13 Gilmore Place                                      Specified                                     Specified

                                                                              CASTLETOWN  WA  6450                                NULSEN

 

                                                                          Total number of Building Approval Certificates (Unauthorised Structures):                                                                                                                                                                                        6                                                                                                                                                                         $40,000.00

 

 

                                                                                               Total number of Licences/Certificates Reported:                                                                                                                                                                                     49                                                                                                                                                              $6,604,950.00

 

    





Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 160

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 161

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 162

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 164

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 165

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 166

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 168

 

13.     Reports Of Committees

Item: 13.1  

Minutes of Committees

Author/s

Sarah Fitzgerald

Administation Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D15/25423

 

 

Attachments

a.

Minutes - Lake Monjingup Community Development Group - 7 October 2015

 

b.

Minutes - Bush Fire Advisory Committee - 1 September 2015

 

 

Officer’s Recommendation

That Council receive the following committee minutes:

1.    Lake Monjingup Community Development Group – 7 October 2015

2.    Bush Fire Advisory Committee – 1 September 2015

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 169

 







Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 175

 







 


Ordinary Council: Agenda

27 October 2015                                                                                                                       Page 182

 

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

18.     PUBLIC QUESTION TIME

 

19.     CLOSURE