11 November 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 17 November 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 24 November 2015 commencing at 4pm to
consider the matters set out in the attached agenda.
W M (Matthew) Scott
Chief Executive Officer
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.
Disclosure of Financial, Proximity
or Impartiality Interests
Local
Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local
Government (Administration) Regulation 34C
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.
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Interest
Disclosed
 Item No:
 Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
|
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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
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Signature: Date:
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Office Use Only:
 Entered into
interest Register:
Officer
Date
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Declaration of
Interest (Notes for Your Guidance)
A member who has a Financial Interest in any matter to be discussed at a Council or
Committee Meeting, which will be attended by the member, must disclose the
nature of the interest:
a) In a written notice given to the Chief
Executive Officers before the Meeting or;
b) At the Meeting, immediately before the
matter is discussed.
A member, who makes a
disclosure in respect to an interest, must not:
c) Preside at the part of the Meeting,
relation to the matter or;
d) Participate in, or be present during
any discussion or decision-making procedure relative to the matter, unless to
the extent that the disclosing member is allowed to do so under Section 5.68 or
Section 5.69 of the Local
Government Act 1995.
Notes on Financial Interest (For your Guidance)
The following notes are a
basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.
1. A Financial Interest requiring
disclosure occurs when a Council decision might advantageously or detrimentally
affect the Councillor or a person closely associated with the Councillor and is
capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not
be relied on without advice, unless the situation is very clear.
2. If a Councillor is a member of an
Association (which is a Body Corporate) with not less than 10 members i.e
sporting, social, religious ect, and the Councillor is not a holder of office
of profit or a guarantor, and has not leased land to or from the club, i.e, if
the Councillor is an ordinary member of the Association, the Councillor has a
common and not a financial interest in any matter to that Association.
3. If an interest is shared in common with
a significant number of electors and ratepayers, then the obligation to
disclose that interest does not arise. Each case need to be considered.
4. If in doubt declare.
5. As stated in (b) above, if written
notice disclosing the interest has not been given to the Chief Executive
Officer before the meeting, then it must be given when the
matter arises in the Agenda, and immediately before the matter is discussed.
6. Ordinarily the disclosing Councillor
must leave the meeting room before discussion commences. The only exceptions are:
6.1 Where the Councillor
discloses the extent of the interest, and Council carries a motion under
s.5.68(1)(b)(ii) of the Local Government Act; or
6.2 Where the Minister
allows the Councillor to participate under s.5.69(3) of the Local Government
Act, with or without conditions.
Interests Affecting Proximity
1) For the purposes of this subdivision, a
person has a proximity interest in a matter if the matter concerns;
a) a proposed change to
a planning scheme affecting land that adjoins the person’s land;
b) a proposed change to
the zoning or use of land that adjoins the person’s land; or
c) a proposed
development (as defined in section 5.63(5)) of land that adjoins the
person’s land.
2) In this section, land (the proposal
land) adjoins a person’s land if;
a) The proposal land,
not being a thoroughfare, has a common boundary with the person’s land;
b) The proposal land,
or any part of it, is directly across a thoroughfare from, the person’s
land; or
c) The proposal land is
that part of a thoroughfare that has a common boundary with the person’s
land.
3) In this section a reference to a
person’s land is a reference to any land owned by the person or in which
the person has any estate or interest.
Interests Affecting Impartiality
Definition: An
interest that would give rise to a reasonable belief that the impartiality of
the person having the interest would be adversely affected, but does not
include an interest as referred to in Section 5.60 of the ‘Act’.
A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or
Committee Meeting, which will be attended by the member, must disclose the
nature of the interest;
a) In a written notice given to the Chief
Executive Officers before the Meeting or;
b) At the Meeting, immediately before the
matter is discussed.
Impact of an Impartiality Closure
There are very different
outcomes resulting from disclosing an interest affecting impartiality compared
to that of a financial interest. With the declaration of a financial interest,
an elected member leaves the room and does not vote.
With the declaration of
this new type of interest, the elected member stays in the room, participates
in the debate and votes. In effect then, following disclosure of an interest
affecting impartiality, the member’s involvement in the Meeting continues
as if no interest existed.
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 24 November 2015
COMMENCING
AT 4pm
1. OFFICIAL OPENING
2. ATTENDANCE
Members
Cr V Brown President Rural
Ward
Cr N Bowman Deputy
President Rural Ward
Cr J Parsons Town
Ward
Cr P Griffiths Town
Ward
Cr K Hall Town
Ward
Cr L McIntyre Town
Ward
Cr R Padgurskis 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
10. CONFIRMATION OF MINUTES
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That
the Minutes of the Ordinary Council Meeting of the 27 October 2015, and the
Special Council Meeting of the 10 November 2015 be confirmed as true and
correct records.
Voting Requirement Simple Majority
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11. DELEGATES’ REPORTS WITHOUT
DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF
COUNCIL
12.1 External Services - Statutory Division
Item: 12.1.1
Development Application
- Oversized Outbuilding (Shed) - Lot 101 Coolgardie-Esperance Highway, Myrup
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Author/s
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Jon Creedon
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Town Planning Officer
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Authorisor/s
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Terry Sargent
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Director External Services
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File Ref: D15/24988
Applicant
G J & J L Fisher
Location/Address
Executive Summary
For Council to consider an application for Planning Approval
for Development Application 10.2015.2985.1 for an Outbuilding (Shed) on Lot 101
Coolgardie-Esperance Highway, Myrup.
Recommendation in Brief
That Council approve the Development Application
10.2015.2985.1 for a Transport Depot and Incidental Storage on Lot 101
Coolgardie-Esperance Highway, Myrup.
Background
An application for an
Outbuilding (Shed) was received on 12 October 2015. When advised that the
application would require referral to the adjoining landowners, the applicant
opted to approach the adjoining landowners themselves. Subsequently two
non-objections to the proposal were provided to Planning Services from both of
the adjoining landowners.
The subject lot is 8.2866
hectares in size and is accessed from Coolgardie-Esperance Highway. The zoning
of the property is ‘Rural Smallholdings’ under Local Planning Scheme No. 23.
The site is slopes gently
down from Coolgardie-Esperance Highway to the eastern boundary. The proposed
Transport Depot sits on the low portion of the property and is set back
approximately 200 metres from Coolgardie-Esperance Highway. The site is
presently vacant and cleared of vegetation.
The plans of the proposed development are included in
Attachment A.
Officer’s Comment
The original application
was for an Outbuilding (Shed). Under Local Planning Policy –
Outbuildings, the provisions for lots zoned ‘Rural Residential’
apply to lots zoned ‘Rural Smallholdings’ which are less than 40
hectares in area. The proposed Outbuilding at 864m2 in area is not
complaint with the maximum 200m2 site area requirements for an
Outbuilding on a Rural Smallholdings lot of this size under the policy.
Furthermore, the wall height at 5.5 metres and roof height at 7.6 metres
exceeds the 4.5 metre and 6 metre permitted maximum under the Outbuildings
policy. Comment would have been sought from all adjoining landowners for these
variations were non-objections not provided with the application.
No justification for the
oversized Outbuilding was provided with the application and thus the applicant
was asked to provide a justification letter detailing their requirements for an
Outbuilding of this size, and detail on colours/materials and landscaping. The
subsequent justification letter is included in Attachment B.
As part of the applicant’s justification, the
intended use of the proposed shed is to perform maintenance on bulk haulage
trucks and store farming machinery and various incidental vehicles. Planning
Services determined that this described use would fall under the definition of
a ‘Transport Depot’ which is an ‘A’ use for lots
zoned Rural Smallholdings under Local Planning Scheme No. 23. The applicant
does not intend to alter the Outbuilding for use as a dwelling and has intended
they plan to seek the relevant approvals within the next 1-2 years for a
dwelling on the property.
Options:
Option 1: That Council approve Development Application 10.2015.2985.1 for a
Transport Depot and Incidental Storage on Lot 101 Coolgardie-Esperance Highway,
Myrup, subject to conditions.
That Council approve Development
Application 10.2015.2985.1 for a Transport Depot and Incidental Storage on Lot
101 Coolgardie-Esperance Highway, Myrup, subject to the following conditions:
1. Development shall be carried out and
fully implemented in accordance with the details indicated on the stamped
approved plans unless otherwise required or agreed in writing by the Shire of
Esperance (Planning Services).
2. The land and building the subject of this approval
shall be used for the purposes of Transport Depot and Incidental Storage in
accordance with the following definition(s) only and for no other purpose
unless otherwise approved in writing by the Shire of Esperance (Planning
Services):
· Transport Depot – Premises for
the parking or garaging of two or more commercial vehicles used or designed to
be used commercially for carrying goods, livestock or persons and includes the
transfer of goods from one such vehicle to another, and the maintenance and
repair of said vehicles but does not include farm vehicles owned and operated
by the occupiers of premises in the Agriculture – General zone and Rural
Smallholdings Zone used for primary production;
· Incidental Use – A use of
premises which is ancillary and subordinate to the
predominant use;
· Storage – Premises or land used
for the storage of goods, equipment, plant or materials.
3. The approved development shall not be used for human
habitation.
4. The driveway/access way shall be constructed and
maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate
access to the development by 2 wheel drive vehicles.
5. All stormwater
and drainage run off from all roofed and impervious areas is to be retained
on-site to the satisfaction of the Shire of Esperance (Building Services).
6. Prior to the issuance of a building permit, a landscaping plan for the areas highlighted in
green shall be submitted and approved by the Shire of Esperance (Planning
Services). The landscaping plan shall be submitted at a scale of 1:200 or 1:100
and shall detail the following:
· Proposed trees and shrubs to be planted including
species, number and size of plants (NB: emphasis should be on native plants and
preferably Western Australian native plants because of their general hardiness
and low water requirements). Trees and plants are to be shown in exact
location using clear symbols;
· Site layout and context including property boundaries,
street names, building/s, parking areas, paved areas, adjacent verges, existing
trees and vegetation;
· Reticulation methods;
· Maintenance arrangements;
7. The provision of all services,
including augmentation of existing services, necessary as a consequence of any
proposed development shall be at the cost of the developer and at no cost to
the Shire of Esperance.
8. The approved development shall provide a supply of
potable water adequate to meet the needs of the development.
9. The works involved in the implementation of the
development must not cause sand drift and/or dust nuisance. In the event that
the Shire of Esperance is aware of, or is made aware of, the existence of a
dust problem, measures such as installation of sprinklers, use of water tanks,
mulching, or other land management systems as appropriate may be required to be
installed or implemented to prevent or control dust nuisance, and such measures
shall be installed or implemented within the time and manner directed by the
Shire of Esperance (Environmental Health Services).
10. During construction stage, adjoining lots are not to
be disturbed without the prior written consent of the affected owner(s).
11. The development hereby
approved must not create community safety concerns, or otherwise adversely
affect the amenity of the subject locality by reason of (or the appearance or
emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water,
waste products or other pollutants.
And the following advice notes:
1. THIS IS NOT A
BUILDING PERMIT. An application for a building permit is required to be
submitted and approved by the Shire of Esperance (Building Services) prior to
any works being undertaken on-site.
2. The development
is to comply with the Building Code of Australia, Building Regulations and the
Local Government Act.
3. It is the
responsibility of the applicant to ensure that building setbacks correspond
with the legal description of the land. This may necessitate re-surveying
and re-pegging the site. The Shire of Esperance will take no responsibility
for incorrectly located buildings.
4. It is the
responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
5. Horizon Power
has requested the Shire to advise Applicants that Horizon Power has certain
restrictions regarding the installation of conductive materials near its
network assets. Applicants are advised to contact Horizon Power’s
Esperance office to ascertain whether any of Horizon Power’s restrictions
affect their proposed development.
6. If ablution facilities are proposed
to be added to the approved Transport Depot, an application is to be made to
the Shire of Esperance (Environmental Health Services) for the installation of
an effluent disposal system.
7. If any future internal building works
are proposed in the approved Transport Depot, the applicant should liaise with the Shire of Esperance (Building Services) to determine
what approvals are required.
8. The proposed
development is satisfactory to Council's Environmental Health Services Section
subject to compliance with the following legislation (as amended):
· Shire of Esperance Health Local Laws
2009
With particular attention to the following conditions:
· If equipment will be washed down, a
wash down bay will be required.
· All above ground hydrocarbon storage
facilities shall be bunded with impervious bunds having as a minimum capacity
of 110 per cent of the hydrocarbon store capacity. Storage shall comply with
the requirements of the Dangerous Goods Regulations 1992:
a) All process waste
waters shall be discharged to the Water Authority's sewer.
b) Any process wastes not
suitable for disposal to sewer shall be removed off-site and disposed of by a
licensed contractor in accordance with the requirements of the Health
Department of Western Australia.
· The discharge to sewer should be in
accordance with the requirements of a current Industrial Waste Permit issued by
the Water Authority of Western Australia and in accordance with the Water
Authority's By-laws.
· All trafficable areas shall be paved,
sealed, or otherwise treated, and be maintained in a manner which prevents or
minimises the generation of airborne dust. Where necessary these areas shall be
swept, hosed or vacuumed clean to remove spillages.
· Routine maintenance and housekeeping
practices shall be employed to ensure that there is no accumulation of waste
materials in or around the premises which may lead to the generation of
airborne dust.
· All reasonable and practicable
measures shall be taken to prevent or minimise dust emissions from plant and
associated equipment.
· Vehicle wash down areas shall be
equipped with silt/fuel/oil traps and provisions to ensure detergent or solvent
contaminated waters are not discharged to the environment.
· The concentration of total oil and
grease (hexane soluble) in waters discharged from the premises shall not exceed
5 milligrams per litre.
· Provision shall be made to ensure
that all bilge water from boats subject to maintenance at the premises can be
disposed of to the satisfaction of the Shire of Esperance, Environmental Health
Services Section and the Department of Environmental Protection.
This option is the officer’s
recommendation. The proposed shed is situated on the low part of the property
which limits the visual impact. The applicant has also indicated they plan to
use colours which blend in to the surrounding landscape, and plant trees to
shield the appearance of the shed from Coolgardie-Esperance Highway and Six
Mile Hill. Should the application be approved as per the officer’s
recommendation, it is recommended appropriate landscaping conditions be placed
on any approval to ensure this occurs.
Approving the development as a
Transport Depot is not considered to set a precedent for oversized Outbuildings
on Rural Smallholdings lots in this area due to the unusual and specific use
indicated by the applicant for this building in their justification for the
proposal. It should also be noted that the amendments to the Outbuildings
Policy approved by Council allow a maximum variation of 25% for site area and
10% for wall or ridge height. Nonetheless, the proposed 864m2 shed
– despite being inconsistent with the Outbuildings policy –
comprises just 1.04% of the total site area of Lot 101 Coolgardie-Esperance
Highway.
Option 2: That Council refuse Development
Application 10.2015.2985.1 for an Outbuilding (Shed) on Lot 101
Coolgardie-Esperance Highway, Myrup for non-compliance with Local Planning
Policy: Outbuildings.
That Council refuse Development
Application 10.2015.2985.1 for an Outbuilding (Shed) on Lot 101
Coolgardie-Esperance Highway, Myrup, for the following reason:
1. The proposal is inconsistent with
the provisions of the Shire of Esperance’s Local Planning Policy:
Outbuildings, namely it exceeds:
· Maximum wall height – 4.5
metres
· Maximum ridge height – 6 metres
· Maximum area – 200m2
Consultation
A non-objection from the
owner of Lot 586 Coolgardie-Esperance Highway, Lot 102 Coolgardie-Esperance
Highway and Lot 103 Coolgardie-Esperance Highway was received with the
application.
The application was
referred to the Department of Parks and Wildlife and Department of Environment
Regulation on 15 October 2015.
A letter dated 20 October
2015 was received from the Department of Environment Regulation stating the
Department does not wish to comment on the proposal. No response was received
from the Department of Parks and Wildlife during the consultation period.
No other consultation was required.
Financial Implications
The fee for this application is $224.
Statutory Implications
The statutory implications associated with this item are
· Planning and Development Act 2005
· Local Planning Scheme No. 23
Strategic Implications
Strategic Community Plan 2012 - 2022
Economic
Facilitate and guide high
quality and efficient building and development across the Shire
A community with high
quality and efficient buildings and development
Attachments
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a.
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Plans
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b.
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Justification Letter
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c.
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Site Photographs
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Officer’s Recommendation
That Council approve Development
Application 10.2015.2985.1 for a Transport Depot and Incidental Storage on
Lot 101 Coolgardie-Esperance Highway, Myrup, subject to the following
conditions:
1. Development shall be
carried out and fully implemented in accordance with the details indicated on
the stamped approved plans unless otherwise required or agreed in writing by
the Shire of Esperance (Planning Services).
2. The land and
building the subject of this approval shall be used for the purposes of
Transport Depot and Incidental Storage in accordance with the following
definition(s) only and for no other purpose unless otherwise approved in
writing by the Shire of Esperance (Planning Services):
· Transport Depot – Premises
for the parking or garaging of two or more commercial vehicles used or
designed to be used commercially for carrying goods, livestock or persons and
includes the transfer of goods from one such vehicle to another, and the
maintenance and repair of said vehicles but does not include farm vehicles
owned and operated by the occupiers of premises in the Agriculture –
General zone and Rural Smallholdings Zone used for primary production;
· Incidental Use – A use of
premises which is ancillary and subordinate to the
predominant use;
· Storage – Premises or land
used for the storage of goods, equipment, plant or materials.
3. The approved
development shall not be used for human habitation.
4. The driveway/access
way shall be constructed and maintained to an all-weather standard (e.g.
gravel, crushed rock) to facilitate access to the development by 2 wheel
drive vehicles.
5. All stormwater and
drainage run off from all roofed and impervious areas is to be retained
on-site to the satisfaction of the Shire of Esperance (Building Services).
6. Prior to the
issuance of a building permit, a landscaping plan for the areas
highlighted in green shall be submitted and approved by the Shire of
Esperance (Planning Services). The landscaping plan shall be submitted at a
scale of 1:200 or 1:100 and shall detail the following:
· Proposed trees and shrubs to be
planted including species, number and size of plants (NB: emphasis should be
on native plants and preferably Western Australian native plants because of
their general hardiness and low water requirements). Trees and plants
are to be shown in exact location using clear symbols;
· Site layout and context including
property boundaries, street names, building/s, parking areas, paved areas,
adjacent verges, existing trees and vegetation;
· Reticulation methods;
· Maintenance arrangements;
7. The provision of all
services, including augmentation of existing services, necessary as a
consequence of any proposed development shall be at the cost of the developer
and at no cost to the Shire of Esperance.
8. The approved
development shall provide a supply of potable water adequate to meet the
needs of the development.
9. The works involved
in the implementation of the development must not cause sand drift and/or
dust nuisance. In the event that the Shire of Esperance is aware of, or is
made aware of, the existence of a dust problem, measures such as installation
of sprinklers, use of water tanks, mulching, or other land management systems
as appropriate may be required to be installed or implemented to prevent or
control dust nuisance, and such measures shall be installed or implemented
within the time and manner directed by the Shire of Esperance (Environmental
Health Services).
10. During construction stage, adjoining
lots are not to be disturbed without the prior written consent of the
affected owner(s).
11. The development hereby approved
must not create community safety concerns, or otherwise adversely affect the
amenity of the subject locality by reason of (or the appearance or emission
of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste
products or other pollutants.
And the following advice notes:
1. THIS IS NOT A
BUILDING PERMIT. An application for a building permit is required to be
submitted and approved by the Shire of Esperance (Building Services) prior to
any works being undertaken on-site.
2. The development is
to comply with the Building Code of Australia, Building Regulations and the
Local Government Act.
3. It is the responsibility
of the applicant to ensure that building setbacks correspond with the legal
description of the land. This may necessitate re-surveying and
re-pegging the site. The Shire of Esperance will take no responsibility
for incorrectly located buildings.
4. It is the
responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
5. Horizon Power has requested the
Shire to advise Applicants that Horizon Power has certain restrictions
regarding the installation of conductive materials near its network assets.
Applicants are advised to contact Horizon Power’s Esperance office to
ascertain whether
any of Horizon Power’s restrictions affect their proposed development.
6. If ablution facilities are proposed
to be added to the approved Transport Depot, an application is to be made to
the Shire of Esperance (Environmental Health Services) for the installation
of an effluent disposal system.
7. If any future internal building
works are proposed in the approved Transport Depot, the applicant should
liaise with the Shire of Esperance
(Building Services) to determine what approvals are required.
8. The proposed
development is satisfactory to Council's Environmental Health Services
Section subject to compliance with the following legislation (as amended):
· Shire of Esperance Health Local
Laws 2009
with particular attention to the
following conditions:
· If equipment will be washed down, a
wash down bay will be required.
· All above ground hydrocarbon
storage facilities shall be bunded with impervious bunds having as a minimum
capacity of 110 per cent of the hydrocarbon store capacity. Storage shall
comply with the requirements of the Dangerous Goods Regulations 1992:
a) All process waste
waters shall be discharged to the Water Authority's sewer.
b) Any process wastes not
suitable for disposal to sewer shall be removed off-site and disposed of by a
licensed contractor in accordance with the requirements of the Health
Department of Western Australia.
· The discharge to sewer should be in
accordance with the requirements of a current Industrial Waste Permit issued
by the Water Authority of Western Australia and in accordance with the Water
Authority's By-laws.
· All trafficable areas shall be
paved, sealed, or otherwise treated, and be maintained in a manner which
prevents or minimises the generation of airborne dust. Where necessary these
areas shall be swept, hosed or vacuumed clean to remove spillages.
· Routine maintenance and
housekeeping practices shall be employed to ensure that there is no
accumulation of waste materials in or around the premises which may lead to
the generation of airborne dust.
· All reasonable and practicable
measures shall be taken to prevent or minimise dust emissions from plant and
associated equipment.
· Vehicle wash down areas shall be
equipped with silt/fuel/oil traps and provisions to ensure detergent or
solvent contaminated waters are not discharged to the environment.
· The concentration of total oil and
grease (hexane soluble) in waters discharged from the premises shall not
exceed 5 milligrams per litre.
· Provision shall be made to ensure
that all bilge water from boats subject to maintenance at the premises can be
disposed of to the satisfaction of the Shire of Esperance, Environmental
Health Services Section and the Department of Environmental Protection.
Voting Requirement Simple Majority
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Item: 12.1.2
Development
Application - Single Dwelling - Lot 159 (9) Hockey Place, West Beach
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Author/s
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Jon Creedon
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Town Planning Officer
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Authorisor/s
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Terry Sargent
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Director External Services
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File Ref: D15/26771
Applicant
Enhanced Design & Drafting on behalf of J L
Starcevich & J R Happe
Location/Address
Executive Summary
For Council to consider an application for Planning Approval
for Development Application 10.2015.3013.1 for a Single Dwelling on Lot 159 (9)
Hockey Place, West Beach.
Recommendation in Brief
That Council approve the Development Application
10.2015.3013.1 for a Single Dwelling on Lot 159 (9) Hockey Place, West Beach.
Background
An application for a
Single Dwelling was received on 3 September 2015. An objection to the proposal
was received on 5 October 2015. Amended plans were provided by the applicant on
13 October 2015. The original objection was upheld in correspondence
received on 27 October 2015.
The subject lot is 760m2
in size and is accessed from Hockey Place. The zoning of the property is
Residential R12.5 under Local Planning Scheme No. 23.
The site slopes
significantly from the level at the street down to the southern (rear)
boundary. Contours on the site plan depict the level at the front boundary as
43.6 AHD. This drops to a minimum of 40.44 AHD at the southern boundary, a
difference of just over 3 metres.
The site is presently
vacant and cleared of most vegetation.
The plans of the proposed development are included in
Attachment A. Photographs of the site are included in Attachment E.
Officer’s Comment
Due to the significant variation in
ground levels and irregular shape of the lot given its cul-de-sac location,
numerous variations were proposed to the Residential Design Codes.
Comment was originally sought based
on:
· A minimum setback to the dwelling
from the front boundary of 3 metres, which is a relaxation of the 7.5 metre
front setback requirement for lots with a zoning of R12.5;
· A maximum wall height for the
dwelling of 7.3 metres, which exceeds the maximum permitted wall height of 6
metres under Category B height limits;
· A wall to the dwelling with a length
of 10.2 metres and a maximum height of 6.8 metres set back 1.276 metres from
the eastern side boundary, which is a relaxation of the 1.5 metre setback requirement
for a wall of this length and height.
· Unenclosed active outdoor habitable
spaces (upstairs walkway and balcony) which overlook adjoining properties set
back a minimum of 2.5 metres from the eastern side boundary and 2.9 metres from
the western side boundary, a relaxation of the 7.5 metre “cone of
vision” from side and rear boundaries;
· A retaining wall with a length of
23.274 metres and a maximum height of 1.329 metres set back 0 metres from the
eastern boundary, a relaxation of the 1.5 metre setback requirement;
· A retaining wall with a length of
19.921 metres and a maximum height of 2.081 metres set back 0 metres from the
western side boundary, a relaxation of the 1.7 metre setback requirement; and
· A retaining wall with a length of
26.94 metres and a maximum height of 1.799 metres set back 0 metres from the
southern boundary, a relaxation of the 1.8 metre setback requirement.
The neighbouring landowner objected on the following grounds:
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Objection
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Design Principles
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Officer’s Comment
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Minimum front setback of 3 metres
instead of 7.5 metres will reduce the transition zone between the public
street and private dwelling.
Dwelling will dominate the streetscape
with bedrooms encroaching onto the footpath and cul-de-sac.
Winter morning sun will be blocked from
reaching our only north facing windows due to overshadowing, and impact on
the energy efficiency of our house.
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5.1.2 Street Setback
P2.1 – Buildings set back
from street boundaries an appropriate distance to ensure they:
· Contribute to and are consistent
with, an established streetscape;
· Provide adequate privacy and open
space for dwellings;
· Accommodate site planning
requirements such as parking, landscape and utilities; and
· Allow safety clearances for
easements to essential service corridors.
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Under Part 5.1.2 C2.1 iii) of the
R-Codes, the front setback can be reduced by up to 50% where the area of
building intruding into the setback area is compensated by at least an equal
area of open space between the setback line and a line drawn parallel to it
at twice the setback distance. In this instance the dwelling proposes 38.87m2
of encroaching open space and 19.57m2 of compensating open space
(refer the site plan in Attachment A). While the compensating open space
provided is inadequate to permit this reduction, it demonstrates that only a
portion of the dwelling encroaches into the setback area.
Examples of reduced setbacks can be
found on at least 3 adjoining or nearby properties on this street. Dwellings
at Lot 151 (4) Hockey Place and Lot 154 (7) Hockey Place are set back a
minimum of 3.1 metres and 5 metres from their front boundaries respectively.
A detached single garage on the adjoining Lot 160 (10) Hockey Place is set
back approximately 4.6 metres from the front boundary and has a nil side
setback. The proposed dwelling is not considered to appear significantly out
of place on this part of the street.
Bedrooms on the ground floor and
living areas on the upper floor are not considered to ‘encroach’
on the footpath and cul-de-sac due to the distance between the property
boundary and the footpath, and are noted to increase opportunities for
passive surveillance of the street, in line with Street Surveillance
provisions under Part 5.2.3 of the R-Codes.
The proposed setback for the dwelling
adequately accommodates vehicle parking requirements. The portion of the
front elevation of the dwelling containing the garage is setback between 7.5
and 9.6 metres from the front boundary. No easements exist on the subject
property and appropriate setbacks have been provided for essential service
corridors.
Solar access and overshadowing is assessed as per Part
5.4.2 C2.1 of the Residential Design Codes. Under this clause, development on
sites with a zoning of R12.5 may overshadow up to 25% of adjoining properties
– determined based on the shadow cast at midday on June 21 (winter
solstice). The proposed development is compliant with the Deemed-to-Comply
standards for overshadowing – refer the Overshadowing diagram in
Attachment C. The energy efficiency of adjoining dwellings is not a valid
planning concern. Objections to this proposal based on overshadowing should
be disregarded.
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A maximum wall height for the dwelling
of 7.4 metres exceeding 6 metres will block the winter morning sun from
reaching our house due to overshadowing, therefore impacting on the energy
efficiency and wellbeing of our house and occupants.
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5.1.6 Building Height
P6 – Building height that
creates no adverse impact on the amenity of adjoining properties or the
streetscape, including road reserves and public open space reserves; and
where appropriate maintains:
· Adequate access to direct sun into
buildings and appurtenant open spaces;
· Adequate daylight to major openings
into habitable rooms; and
· Access to views of significance.
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Under Category B height limits of
the R-Codes, building walls may reach a maximum height of 6 metres and roofs
a maximum height of 9 metres. The proposed dwelling is compliant with the 9
metre height limit for roofs.
The eastern and western walls of
the dwelling are a maximum of 6.8 metres and 7 metres above natural ground
level respectively, and the posts of the balcony 7.3 metres above natural
ground level (incorrectly stated as 7.4 metres on the letter of referral to
the objecting adjoining landowner). These are depicted on the
‘east’ and ‘west’ elevations on pages 5 and 6 in
Attachment A.
The siting of the dwelling is
considered to respect the natural ground level at the street boundary. The 7
metre tall portions of wall to the dwelling are located in the centre of the
building facing the rear and are not considered to have an adverse impact on
the streetscape or road reserve.
The posts to the balcony are
actually 6.1 metres tall however are measured as a maximum of 7.3 metres
above natural ground level due to the amount of fill and retaining
proposed beneath them. As the balcony is open and not enclosed, it is not
considered to appear unduly bulky and the impact of the over height walls are
lessened due to the setbacks from side and rear boundaries (a minimum of 6.2
metres from side boundaries and 10.2 metres from the rear boundary).
The proposed development is
compliant with the Deemed-to-Comply standards of the R-Codes for
overshadowing – refer the Overshadowing diagram subsequently provided
by the applicant in Attachment C.
Adequate access to direct sunlight
will still be available into the adjoining dwelling on Lot 155 (8) Hockey
Place. Part 5.4.2 C2.1 of the R-Codes stipulates that solar access for
adjoining sites is assessed based on the shadow cast at midday on June 21.
Winter morning sunlight is not a valid planning concern.
The proposed dwelling is not considered to impede access to
views of significance for any of the adjoining properties.
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Privacy, overlooking and noise issues
from the upstairs balcony and walkway set back 2.9 metres in lieu of 7.5
metres from the side boundaries.
Loss of privacy to entrance of the house
and open courtyard.
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5.4.1 Visual Privacy
P1.1 – Minimal direct
overlooking of active habitable spaces and outdoor living areas of adjacent
dwellings achieved through:
· Building layout and location;
· Design of major openings;
· Landscape screening of outdoor
active habitable spaces; and/or
· Location of screening devices.
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Upon being notified of an objection
to the proposal on the basis of overlooking, the applicant amended their
plans and reduced the width of the walkway by 1 metre. The walkway is now
setback a minimum of 3.9 metres from the side boundary adjoining Lot 155 (8)
Hockey Place.
In relation to the objection
regarding noise, the generation of noise from a residential property is not a
valid planning concern.
All habitable rooms from the
adjoining dwelling on Lot 155 (8) Hockey Place are primarily oriented towards
the secondary street Collie Street, with frontage to Hockey Place in the form
of a battleaxe driveway. Only the front door, a lobby/hallway, bathroom and
laundry have major openings oriented towards Hockey Place and the proposed
dwelling. These do not meet the definition of habitable rooms under the
R-Codes and therefore there is not considered to be any direct overlooking
into active habitable spaces within the adjoining dwelling.
The 7.5 metre cone of vision for overlooking for the
proposed dwelling encroaches into the driveway of Lot 155 (8) Hockey Place
and does not encroach into the outdoor living area (sunken courtyard) of the
adjoining property. Due to the steep fall in site levels in this part of
Hockey Place, some form of overlooking will occur into the adjoining property
regardless of how compliant the proposed balcony and walkways are with the
7.5 metre cone of vision requirements. Nonetheless, due to the floor plan and
design of the adjoining dwelling, no real loss of privacy is anticipated.
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Nil side setback to retaining wall with
maximum height of 2.081 metres does not comply with the Residential Design
Codes.
The existing brick fence will have to be
replaced and fully grown hedged trees will be damaged.
The retaining wall height will encroach
and have a greater impact on our sloping block.
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5.3.7 Site Works
P 7.1 – Development that
considers and responds to the natural features of the site and requires
minimal excavation/fill.
P 7.2 – Where excavation/fill
is necessary, all finished levels respecting the natural ground level at the
lot boundary of the site and as viewed from the street.
5.3.8 Retaining Walls
P8 – Retaining walls that
result in land which can be effectively used for the benefit of residents and
do not detrimentally affect adjoining properties and are designed,
engineered and landscaped having due regard to clauses 5.3.7 and 5.4.1.
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Upon being notified of an objection
to the proposal, the applicant provided amended plans with a 2.5 metre
section of the highest portion of retaining wall adjoining Lot 155 (8) Hockey
Place ‘stepped in’ by 2.3 metres to reduce the impact on this
property. The maximum heights are now 1.556 metres and 1.799 metres in lieu
of 2.081 metres and 1.799 metres. Refer the site plan in Attachment A.
The proposed walls are considered a
reasonable response to the natural features (steep fall) of the site. The
siting of the dwelling respects the natural ground level at the street
boundary and results in land at the rear of the dwelling which can be
effectively used by the future occupants of the dwelling as active outdoor
habitable space. Overall the proposed retaining wall heights are not
considered to have an unreasonably detrimental effect on side and rear
adjoining properties.
As per the officer’s
recommendation, should the application be approved it is recommended that a
condition be placed on any approval requesting that all earthworks and
retaining walls be
undertaken in accordance with plans and specifications certified by a
qualified Engineer to avoid any adverse impact on adjoining land including
existing structures.
As the retaining walls are proposed
to be located on the boundary line – a 1.8 metre dividing fence would
be located on top providing privacy in accordance with Visual Privacy provisions
under Clause 5.4.1.
Dividing fences are a civil matter which the Shire is
unable to get involved in. It is unlikely that the existing brick fence would
need to be removed – it is assumed the retaining wall would be
constructed up against it. Objections based on the potential impact of
proposed structures on plants/trees located wholly within the boundaries of
adjoining properties are not a valid planning concern. The existing hedges
are instead likely to screen and reduce the impact of the proposed retaining
wall when viewed from the adjoining property.
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Options:
Option 1: That Council approve the Development Application 10.2015.3013.1 for a
Single Dwelling on Lot 159 (9) Hockey Place, West Beach, subject to conditions.
1. Development shall be carried out and
fully implemented in accordance with the details indicated on the stamped
approved plan(s) unless otherwise required or agreed in writing by the Shire of
Esperance (Planning Services).
2. The land and buildings the subject of
this approval shall be used for the purposes of Dwelling only and for no other
purpose unless otherwise approved in accordance with the provisions of Local
Planning Scheme No. 23 (refer below definition as extracted from the
Residential Design Codes):
· Dwelling – A building or
portion of a building being used, adapted, or designed or intended to be used
for the purpose of human habitation on a permanent basis by a single person, a
single family, or no more than six persons who do not comprise a single family.
3. All earthworks, retaining walls
and/or associated drainage details shall be undertaken in accordance with plans
and specifications certified by a qualified Engineer as being consistent with
standard engineering practices, to the satisfaction of the Shire of Esperance
(Building Services).
4. The vehicle crossover is to be
constructed, drained and sealed to the satisfaction and specifications of the
Shire of Esperance (Asset Management Division) – refer enclosed vehicle
crossover application form.
5. A minimum of 2 car parking bays are
to be provided on-site in accordance with the requirements of Australian
Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.
6. Vehicle parking, manoeuvring and
circulation areas shall be suitably constructed, sealed (asphalt, concrete or
brick pavers), drained and thereafter maintained.
7. All stormwater and drainage run off
from all roofed and impervious areas is to be retained on-site to the
satisfaction of the Shire of Esperance (Building Services).
8. The existing infrastructure located
within the road reserve shall be retained and protected during the construction
process period with any damage to the infrastructure being repaired to the
satisfaction of the Shire of Esperance (Asset Management Division).
9. The provision of all services,
including augmentation of existing services, necessary as a consequence of any
proposed development shall be at the cost of the developer and at no cost to
the Shire of Esperance.
10. The approved development shall be connected to a
reticulated water supply provided by a licensed water provider.
11. The approved development shall be connected to an
approved effluent disposal system prior to commencement of the development
and/or use to the satisfaction of the Shire of Esperance (Health Services).
12. The works involved in the implementation of the
development must not cause sand drift and/or dust nuisance. In the event that
the Shire of Esperance is aware of, or is made aware of, the existence of a
dust problem, measures such as installation of sprinklers, use of water tanks,
mulching, or other land management systems as appropriate may be required to be
installed or implemented to prevent or control dust nuisance, and such measures
shall be installed or implemented within the time and manner directed by the
Shire of Esperance (Environmental Health Services).
13. During construction stage, adjoining lots are not to
be disturbed without the prior written consent of the affected owner(s).
14. The development hereby approved must not create
community safety concerns, or otherwise adversely affect the amenity of the
subject locality by reason of (or the appearance or emission of) smoke, fumes,
noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.
15. All fencing shall be in accordance with the Shire of
Esperance Local Law Relating to Fencing.
and the following Advice Notes:
1. THIS
IS NOT A BUILDING PERMIT. An application for a building permit is required to
be submitted and approved by the Shire of Esperance (Building Services) prior
to any works commencing on-site.
2. The development is to comply with the
Building Code of Australia, Building Regulations and the Local
Government Act.
3. It is the responsibility of the
applicant to ensure that building setbacks correspond with the legal
description of the land. This may necessitate re-surveying and re-pegging
the site. The Shire of Esperance will take no responsibility for
incorrectly located buildings.
4. It is the responsibility of the developer
to search the title of the property to ascertain the presence of any easements
and/or restrictive covenants that may apply.
5. Horizon Power has requested the Shire
to advise Applicants that Horizon Power has certain restrictions regarding the
installation of conductive materials near its network assets. Applicants are
advised to contact Horizon Power’s Esperance office to ascertain whether
any of Horizon Power’s restrictions affect their proposed development.
6. The proposed development is satisfactory
to Council's Environmental Health Services Section, subject to compliance with
the following legislation and/or documentation (as amended):
· Health Act 1911
· Environmental Protection (Noise)
Regulations 1997
· Occupational Safety and Health Act
1997
· Sewerage (Lighting, Ventilation &
Construction) Regulations 1971
· Shire of Esperance Health Local Laws
2009
· Metropolitan Water Supply, Sewerage
and Drainage Board By-laws 1981
· Health (Treatment of Sewage and
Disposal of Effluent and Liquid Waste) Regulations 1974
· Country Towns Sewerage By-laws 1952
7. No
structure is to be erected above any septic tank, aerobic treatment unit,
greywater system or drainage line if that structure obstructs free access to
the apparatus; or has walls on more than 3 sides.
8. A
person shall not, without the permission of the relevant local government,
cause or permit a receptacle for drainage to have any structure erected above
it; to be subject to vehicular traffic or be located less than 1.2 m from an
area that is subject to vehicular traffic; or to be paved or covered with a
surface treatment.
9. All
pipe work/plumbing is to be installed in accordance with AS/NZS 3500-2003
This option is the officer’s recommendation. Ultimately
the location indicated for the proposed dwelling is the preferred location on
the site given the significant fall in levels to the south of the site and its
direct northern orientation. Relaxing the minimum front setback requirements
reduces the amount of fill and retaining necessary to support the dwelling, and
is considered to have a lesser overall impact on adjoining properties than if
it were setback further from the front boundary. The proposed retaining walls
are considered a reasonable response to the natural fall of the site and are not
considered to have an unreasonably detrimental effect on side and rear
adjoining properties.
Option 2: That Council refuse Development Application 10.2015.3013.1 for a Single
Dwelling on Lot 159 (9) Hockey Place, West Beach, for the following reason:
That Council refuse Development
Application 10.2015.3013.1 for a Single Dwelling on Lot 159 (9) Hockey Place,
West Beach, for the following reason:
1. The
proposal is inconsistent with the Residential Design Codes, namely it exceeds:
· A minimum setback to the dwelling
from the front boundary of 7.5 metres;
· A maximum wall height for the
dwelling of 6 metres;
· A wall to the dwelling with a length
of 10.2 metres and a maximum height of 6.8 metres set back a minimum of 1.5
metres from the side boundary;
· Unenclosed active outdoor habitable
spaces which overlook adjoining properties set back 7.5 metres from rear
and side boundaries;
· A retaining wall with a maximum
height of 1.329 metres set back 1.5 metres from the eastern side boundary;
· A retaining wall with a maximum
height of 1.799 metres set back 1.7 metres from the western side boundary; and
· A retaining wall with a maximum
height of 1.799 metres set back 1.8 metres from the southern boundary.
Consultation
Advertising of the proposal
was initiated to the owners of Lot 155 (8) Hockey Place, Lot 160 (10) Hockey
Place, Lot 156 (6) Collie Street and Lot 157 (5) Collie Street on 21 September
2015. No other consultation was required.
An objection was received
from the owner of Lot 155 (8) Hockey Place on 5 October 2015. No other
correspondence was received from the remaining affected owners.
Amended plans were provided by the applicant on 13
October 2015. Advertising was recommenced to the owner of Lot 155 (8) Hockey
Place on 15 October 2015. The original objection was upheld in a letter
received on 27 October 2015. No other consultation was required as the impact
of the proposal on the remaining adjoining properties is lesser than or
unchanged from the original plans.
Financial Implications
The fee for this application is $1600.
Statutory Implications
The statutory implications associated with this item are
· Planning and Development Act 2005
· Local Planning Scheme No. 23
Strategic Implications
Strategic Community Plan 2012 - 2022
Economic
Facilitate and guide high
quality and efficient building and development across the Shire
A community with high
quality and efficient buildings and development
Environmental Considerations
Nil
Attachments
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a.
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Building Plans
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b.
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Justification Letter
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c.
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Overshadowing Diagram
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d.
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Adjoining Landowner Objection
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e.
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Site Photographs
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Officer’s Recommendation
That Council approve the
Development Application 10.2015.3013.1 for a Single Dwelling on Lot 159 (9)
Hockey Place, West Beach, subject to the following conditions:
1. Development shall be
carried out and fully implemented in accordance with the details indicated on
the stamped approved plan(s) unless otherwise required or agreed in writing
by the Shire of Esperance (Planning Services).
2. The land and
buildings the subject of this approval shall be used for the purposes of
Dwelling only and for no other purpose unless otherwise approved in
accordance with the provisions of Local Planning Scheme No. 23 (refer below
definition as extracted from the Residential Design Codes):
· Dwelling – A building or
portion of a building being used, adapted, or designed or intended to be used
for the purpose of human habitation on a permanent basis by a single person,
a single family, or no more than six persons who do not comprise a single family.
3. All earthworks,
retaining walls and/or associated drainage details shall be undertaken in
accordance with plans and specifications certified by a qualified Engineer as
being consistent with standard engineering practices, to the satisfaction of the
Shire of Esperance (Building Services).
4. The vehicle
crossover is to be constructed, drained and sealed to the satisfaction and
specifications of the Shire of Esperance (Asset Management Division) –
refer enclosed vehicle crossover application form.
5. A minimum of 2 car
parking bays are to be provided on-site in accordance with the requirements
of Australian Standard AS2890.1:2004 Parking Facilities – Off-street
Car Parking.
6. Vehicle parking,
manoeuvring and circulation areas shall be suitably constructed, sealed
(asphalt, concrete or brick pavers), drained and thereafter maintained.
7. All stormwater and
drainage run off from all roofed and impervious areas is to be retained
on-site to the satisfaction of the Shire of Esperance (Building Services).
8. The existing
infrastructure located within the road reserve shall be retained and
protected during the construction process period with any damage to the
infrastructure being repaired to the satisfaction of the Shire of Esperance
(Asset Management Division).
9. The provision of all
services, including augmentation of existing services, necessary as a
consequence of any proposed development shall be at the cost of the developer
and at no cost to the Shire of Esperance.
10. The approved development shall be
connected to a reticulated water supply provided by a licensed water
provider.
11. The approved development shall
be connected to an approved effluent disposal system prior to commencement of
the development and/or use to the satisfaction of the Shire of Esperance
(Health Services).
12. The works involved in the
implementation of the development must not cause sand drift and/or dust
nuisance. In the event that the Shire of Esperance is aware of, or is made
aware of, the existence of a dust problem, measures such as installation of
sprinklers, use of water tanks, mulching, or other land management systems as
appropriate may be required to be installed or implemented to prevent or
control dust nuisance, and such measures shall be installed or implemented within
the time and manner directed by the Shire of Esperance (Environmental Health
Services).
13. During construction stage,
adjoining lots are not to be disturbed without the prior written consent of
the affected owner(s).
14. The development hereby approved
must not create community safety concerns, or otherwise adversely affect the
amenity of the subject locality by reason of (or the appearance or emission
of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste
products or other pollutants.
15. All fencing shall be in
accordance with the Shire of Esperance Local Law Relating to Fencing.
and the following Advice Notes:
1. THIS IS NOT A BUILDING PERMIT. An
application for a building permit is required to be submitted and approved by
the Shire of Esperance (Building Services) prior to any works commencing
on-site.
2. The development is to comply with
the Building Code of Australia, Building Regulations and the Local
Government Act.
3. It is the responsibility of the
applicant to ensure that building setbacks correspond with the legal
description of the land. This may necessitate re-surveying and
re-pegging the site. The Shire of Esperance will take no responsibility
for incorrectly located buildings.
4. It is the responsibility of the
developer to search the title of the property to ascertain the presence of
any easements and/or restrictive covenants that may apply.
5. Horizon Power has requested the
Shire to advise Applicants that Horizon Power has certain restrictions
regarding the installation of conductive materials near its network assets.
Applicants are advised to contact Horizon Power’s Esperance office to
ascertain whether any of Horizon Power’s restrictions affect their
proposed development.
6. The proposed development is
satisfactory to Council's Environmental Health Services Section, subject to
compliance with the following legislation and/or documentation (as amended):
· Health Act 1911
· Environmental Protection (Noise)
Regulations 1997
· Occupational Safety and Health Act
1997
· Sewerage (Lighting, Ventilation
& Construction) Regulations 1971
· Shire of Esperance Health Local
Laws 2009
· Metropolitan Water Supply, Sewerage
and Drainage Board By-laws 1981
· Health (Treatment of Sewage and
Disposal of Effluent and Liquid Waste) Regulations 1974
· Country Towns Sewerage By-laws 1952
7. No
structure is to be erected above any septic tank, aerobic treatment unit,
greywater system or drainage line if that structure obstructs free access to
the apparatus; or has walls on more than 3 sides.
8. A
person shall not, without the permission of the relevant local government,
cause or permit a receptacle for drainage to have any structure erected above
it; to be subject to vehicular traffic or be located less than 1.2 m from an
area that is subject to vehicular traffic; or to be paved or covered with a
surface treatment.
9. All
pipe work/plumbing is to be installed in accordance with AS/NZS 3500-2003
Voting Requirement Simple Majority
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Item: 12.1.3
Development
Application - Single Dwelling - Strata Lot 3 (2B) Windich Street, Esperance
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Author/s
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Jon Creedon
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Town Planning Officer
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Authorisor/s
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Terry Sargent
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Director External Services
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File Ref: D15/26907
Applicant
Concept Building Design on behalf of D K & K M
Curnow
Location/Address
Executive Summary
For Council to consider an application for Planning Approval
for Development Application 10.2015.2983.1 for a Single Dwelling on Strata Lot
3 (2B) Windich Street, Esperance.
Recommendation in Brief
That Council approve the Development Application
10.2015.2983.1 for a Single Dwelling on Strata Lot 3 (2B) Windich Street, Esperance.
Background
An application for a
Single Dwelling was received on 10 August 2015. Three objections to the
proposal were received between 15 September 2015 and 23 September 2015. Amended
plans were provided by the applicant on 27 October 2015 with a request for the
item to be referred to the next available Ordinary Council Meeting for
determination.
The subject lot is 740m2
in size and is accessed from Windich Street. The zoning of the property is
Residential R30 under Local Planning Scheme No. 23.
The site is of a highly
unusual shape with 10 different boundary lines, and experiences large
variations in ground levels. An existing limestone retaining wall approximately
1.92 metres in height divides the southern third of the property. The land
slopes steeply towards a second limestone retaining wall on the south-east
boundary line(s) adjoining Strata Lots 1 and 2 Dempster Street. This wall is
1.8 metres in height and sits above the ground level of the adjoining
properties. The difference in height from the top of the retaining wall on the
south-east boundary and the second tier of retaining within the property is
3.74 metres. Refer the contour plan in Attachment A.
The site is presently
vacant and cleared of all vegetation.
The plans of the proposed development are included in
Attachment A. Photographs of the site are included in Attachment D.
Officer’s Comment
Due to the significant variation in
site levels and the irregular shape of the lot, numerous variations were
proposed to the Residential Design Codes.
Comment was originally sought based
on:
· A fence and gate in the front setback
area with a maximum height of 1.8 metres, which exceeds the maximum permitted
height of 1.2 metres;
· A maximum wall height for the
dwelling of 7.256 metres, which exceeds the maximum permitted wall height of 6
metres under Category B height limits;
· Two walls to the garage 3.01
and 3.3 metres high and less than 9 metres long set back 0 metres from the side
boundaries, a relaxation of the 1 metre setback requirement;
· A third wall to the garage 3.3 metres
high and set back 970mm from the side boundary, a relaxation of the 1 metre
setback requirement;
· A roofed walkway between the garage
and dwelling 2.4 metres high and less than 9 metres long set back 0.5 metres
from the side boundary, a relaxation of the 1 metre setback requirement;
· A wall to the ground floor with a
maximum height of 5.1 metres and major openings set back 1.01 metres from the
side boundary, a relaxation of the 3.1 metres setback requirement;
· A maximum height of 3.5 metres and
average height of 3.2 metres for a 9.54 metre long wall constructed on the side
boundary line, a relaxation of the 3.5 metre maximum and 3 metre average height
requirement;
· A wall 2.7 metres high and with major
openings set back a minimum of 1.197 metres from the side boundary, a
relaxation of the 1.5 metre setback requirement;
· A window to an upstairs bedroom set
back 4 metres from the side boundary, a relaxation of the 4.5 metre setback
requirement; and
· An unenclosed outdoor active
habitable space (alfresco and deck) which overlooks adjoining properties set
back a minimum of 3.65 metres from rear and side boundaries, a relaxation of
the 7.5 metre setback requirement.
The neighbouring landowner(s) objected on the following
grounds:
Affected Adjoining Properties:
Lot 933 (7B) Dempster Street
Lot 934 (7A) Dempster Street
Lot 932 (4A) Windich Street
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Objection
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Design Principles
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Officer’s Comment
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Window to Bedroom 1 set back 1.01 metres
– concerns of overlooking to Lot 933 Dempster Street.
Deck at the rear of Living Room –
concerns of overlooking into the outdoor living area of Lot 934 Dempster
Street.
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5.4.1 Visual Privacy
P1.1 – Minimal direct
overlooking of active habitable spaces and outdoor living areas of adjacent
dwellings achieved through:
· Building layout and location;
· Design of major openings;
· Landscape screening of outdoor
active habitable spaces; and/or
· Location of screening devices.
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Upon being notified of an objection
to the proposal, the applicant provided amended plans on 27 October 2015.
The major opening to Bedroom 1
parallel to the side boundary adjoining Lot 933 Dempster Street has been
reduced to a ‘highlight’ window situated 1.65 metres above floor
level to reduce the potential for overlooking. This window is now considered
a minor opening and the 1.01 metre setback meets the Deemed-to-Comply
standards.
The amended plans provided by the applicant propose an
additional 1.42 metres of full height privacy screening on the rear of the
deck (visible on drawing A06 of Attachment A). While the 7.5 metre
‘cone of vision’ still marginally encroaches into the rear corner
of Lot 934 Dempster Street, it is considered the appearance of overlooking
will be reduced from the provision of this additional screening. Furthermore
the floor level of the deck at 10.30 is 5 metres above the floor level of the
outdoor living area of Lot 934 Dempster Street (refer the site plan in
Attachment A). It is considered the outlook from the deck will be above and
beyond, and not into, Lot 934 Dempster Street.
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Affected Adjoining Property: Lot 4 (2) Gladstone Street
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Nil rear and side setback to garage from two side
boundaries adjoining our property is not in accordance with the R-Codes
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5.1.3 Lot Boundary Setback
P3.2 – Buildings built up to boundaries where this:
· Makes more effective use of space
for enhanced privacy for the occupants or outdoor living areas;
· Does not compromise the design
principle contained in clause 5.1.3 P3.1;
· Does not have any adverse impact on
the amenity of the adjoining property;
· Ensures direct sun to major
openings to habitable rooms and outdoor living areas for adjoining properties
is not restricted; and
· Positively contributes to the
prevailing development context and streetscape.
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As per Part 5.1.3 C3.2 of the
R-Codes, walls are permitted to be built up to a lot boundary in certain
circumstances. In areas zoned R30 and higher, walls not higher than 3.5
metres with an average height of 3 metres or less may be built up to two
thirds of the length of the lot boundary behind the 4 metre street setback
line, to one side boundary only. The subject walls would likely meet the
Deemed-to-Comply standards were they located on a single boundary line.
A previous proposed dwelling
approved by Council on 17 August 2010 proposed a garage in the same location
and of a similar height with wall lengths of 8.19 metres and 7.8 metres set
back 150mm from the side boundaries of Lot 4 (2) Gladstone Street. The
current garage
proposes wall lengths of 7.71 metres and 7.340 metres and – while
proposing a nil setback – are considered to have a slightly lesser
impact on the adjoining property than previously approved.
It is not considered
possible to enforce the Deemed-to-Comply standards for a garage located on
this part of the property without compromising vehicle access provisions of
the R-Codes and the ability for vehicles to exit the property in a forward
gear due to the irregular shape and restrictive layout of the subject site.
The garage is not
considered to appear unduly bulky and direct sun and ventilation will be
available to buildings and open spaces on both the subject and adjoining
sites. The garage has
no major openings facing Lot 4 (2) Gladstone Street and it is not considered
there will be any resultant overlooking or loss of privacy.
Examples of boundary walls for garages can be found on at
least 3 properties in the immediate vicinity of the subject site – Lot
932 (4A), Lot 931 (4B) and Lot 920 (8) Windich Street. The proposed garage
will not be visible from the street however nonetheless is considered be in
line with the prevailing development context of this portion of Windich
Street.
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A 1.8 metre high fence and gate in the front setback
area is not in accordance with the R-Codes.
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5.2.4 Street Walls and Fences
P4 – Front fences are low or
restricted in height to permit surveillance (as per Clause 5.2.3) and enhance
streetscape (as per Clause 5.1.2), with appropriate consideration to the need
· For attenuation of traffic impacts
where the street is designated as a primary or district distributor or integrator
arterial; and
· For necessary privacy or noise
screening for outdoor living areas where the street is designated as a
primary or district distributor or integrator arterial.
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As per 5.2.4 C4 of the R-Codes, fences in the front setback
area above 1.2 metres in height must be at least 60% visually permeable. The
proposed 1.8 metre high gate is 70% visually permeable. Two 1 metre wide
solid fencing panels proposed on either side of the gate are considered a
minor variation. Due to the battleaxe configuration of the subject lot and
28.7 metre setback of the dwelling from the front boundary, the increased
fence/gate height are not considered to have an adverse affect on the amenity
of the streetscape. It is unlikely direct surveillance of the street can be achieved
from a dwelling set back this distance or on a property of this size and
shape.
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A maximum wall height of 7.256 metres to an
upper-storey wall is not in accordance with the R-Codes. The reason for our
objection is the blocking of our view and the feeling of encroachment to our
block and devaluing of our property.
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5.1.6 Building Height
P6 – Building height that
creates no adverse impact on the amenity of adjoining properties or the
streetscape, including road reserves and public open space reserves; and
where appropriate maintains:
· Adequate access to direct sun into
buildings and appurtenant open spaces;
· Adequate daylight to major openings
into habitable rooms; and
· Access to views of significance.
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Under Category B height limits of the R-Codes, building
walls may reach a maximum height of 6 metres and roofs a maximum height of 9
metres. The proposed dwelling is compliant with the 9 metre height limit for
roofs.
The walls in question which exceed the 6 metre height
limits are not considered to have an adverse impact on the streetscape as
they a re incorporated into the design of the skillion roofs which sit above
them. As depicted in Section Z1 of Attachment A and the applicant’s
justification letter (Attachment B), the overall height of the dwelling would
be the same as if a 6 metre high wall and 30 degree standard roof pitch were
proposed.
Furthermore, an earlier design for a dwelling approved by
Council on 17 August 2010 proposed a maximum roof height of 8.187 metres. The
current proposed maximum roof height is approximately 0.629 metres lower at
7.558 metres.
Overall, the current proposal is considered to
have a lesser visual impact when viewed from adjoining properties due to the
small size of the upper storey, setback from property boundaries and the
design of the skillion roof. The floor area of the upper storey of the
previously approved dwelling was 18% smaller than the ground floor area and
was set back a minimum of 2.044 metres from the side boundary. The floor area
of the upper storey of the current proposal is 50% smaller than the ground
floor area and is set back a minimum of 4 metres from the property
boundaries.
The proposed dwelling is set back a considerable distance
from the existing dwelling on Lot 4 (2) Gladstone Street and is not
considered to impede access to views of significance for any of the adjoining
properties.
Objections based on the perceived devaluing of adjoining
properties are not a valid planning concern.
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Affected Adjoining Property: Lot 2 (3) Dempster Street
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Objection
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Design Principles
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Officer’s Comment
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The impact and loss of amenity and issue of privacy
in the adjoining lots has not been addressed.
The cone of vision for overlooking is not
acceptable.
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5.4.1 Visual Privacy
P1.1 – Minimal direct overlooking of active habitable
spaces and outdoor living areas of adjacent dwellings achieved through:
· Building layout and location;
· Design of major openings;
· Landscape screening of outdoor
active habitable spaces; and/or
· Location of screening devices.
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The dwelling and outdoor living
area on Lot 2 (3)
Dempster Street are
located approximately 12.6 metres away from where the 7.5 metre cone of
vision from the proposed deck encroaches into the adjoining property. Furthermore, the floor level of the
deck at 10.30 is approximately 6.36 metres above the floor level of the
adjoining dwelling (refer the site plan in Attachment A). It is considered
the outlook from the deck will be above and beyond, and not into, Lot 2 (3)
Dempster Street.
Upon being notified of an objection
to the proposal on the basis of overlooking, the applicant amended their
plans and provided 1 metre high timber screening to the portion of alfresco
adjoining the Kitchen in lieu of a glass balustrade. As depicted in Section
Z5 of page A06 in Attachment A, this is considered to minimally reduce direct
overlooking down into the adjoining property.
Ultimately due to the steep fall in
site levels between the two sites, some form of overlooking will occur into
the adjoining property regardless of how compliant the proposed deck and
alfresco is with the 7.5 metre cone of vision requirement. It is noted that
it would be exceedingly difficult to avoid any form of overlooking due to the
lot layout and the topography of the land.
The design of the proposed dwelling
is considered an appropriate response to the unusual features of the subject
site. Due to the small area of land suitable for construction, and large
variation in site levels on both the subject site and adjoining properties
– it is considered some form of overlooking, and the appearance of the
dwelling as being over height would be difficult to avoid. The applicant has
undertaken reasonable steps to reduce the impact of overlooking through the
provision of additional screening.
Overall the design is considered to have a significantly
lesser impact on surrounding properties and the amenity of the streetscape
than a dwelling previously approved by Council on 17 August 2010.
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The set backs of the building and garage is not
acceptable
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5.1.3 Lot Boundary Setback
P3.1 – Buildings set back from lot boundaries so as
to
· Reduce impacts of building bulk on
adjoining properties;
· Provide adequate direct sun and
ventilation to the building and open spaces on the site and adjoining
properties;
· Minimise the extent of overlooking
and resultant loss of privacy on adjoining properties.
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A previous proposed dwelling
approved by Council on 17 August 2010 proposed a garage with a wall length of
8.1 metres and setback of 50mm from the side boundary of Lot 2 (3) Dempster
Street.
The current proposed garage has a
wall length of 5.5 metres and is set back 970mm, therefore considered to have
a lesser impact on the adjoining property than previously approved.
The garage is not
considered to appear unduly bulky and direct sun and ventilation will be
available to buildings and open spaces on both the subject and adjoining
sites. The garage has
no major openings facing Lot 2 Dempster Street and it is not considered there
will be any resultant overlooking or loss of privacy.
For the purposes of the R-Codes
assessment the walls to the Office, Laundry and Kitchen are noted as being
set back 1.197 metres from the side boundary adjoining Lot 2 (3) Dempster
Street. In reality, the rooms are set back 1.456 metres, 1.241 metres and
1.197 metres respectively. However, as the portions of wall between
these rooms (parallel to the Windich Street boundary) are not greater than 3
metres in width, the walls adjoining the side boundary cannot be considered
independent of each other and instead are assessed as a single wall parallel
to the side boundary and set back 1.197 metres.
It should be noted that in reality only a small corner of
each room projects into the 1.5 metre side setback area by 44mm, 259m, and
303mm. The walls are 2.7 metres high and not considered to have any adverse
impact on the adjoining property.
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The plans lodged are not compliant with the current
building regulations.
The parapet wall on the boundary on the plans does
not exist.
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N/A
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This is an application for Planning Approval only and the
proposal can only be assessed against the Residential Design Codes and
provisions of Local Planning Scheme No. 23. Should the application be approved
as per the officer’s recommendation, the Shire of Esperance Building
Surveyors would ensure the proposed dwelling is compliant with the Building
Code of Australia and Building Regulations during the assessment
of a subsequent Building Permit application.
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The plans do not address engineering and structural
details including run off from the garage and walkway roof area.
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5.3.9 Stormwater Management
P9.1 - Stormwater is
contained on-site wherever possible by containment or infiltration, as
permitted by the soil and other site conditions and which reduce the export
of nutrients and sediments from the site into waterways or otherwise
appropriately managed prior to off-site discharge.
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Engineering and structural details
are not required to be submitted as part of an application for Planning
Approval.
Should the application be approved
as per the officer’s recommendation, it is recommended that a condition
be placed on the approval stating that all stormwater and drainage run off from all roofed and
impervious areas is to be retained on-site to the satisfaction of the Shire
of Esperance (Building Services).
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The retaining wall as proposed is unacceptable as it
is only to the boundary and does not include the wall.
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5.3.8 Retaining Walls
P8 – Retaining walls that result in land which can be
effectively used for the benefit of residents and do not detrimentally
affect adjoining properties and are designed, engineered and landscaped
having due regard to clauses 5.3.7 and 5.4.1.
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No new retaining walls are proposed as part of this
application. The existing retaining walls on site were approved and provided
as part of the original subdivision of the four survey strata lots.
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The existing fence has not been maintained by
the land owner which is evidence they are unable to maintain the existing
boundary with no improvements made regarding erosion etc.
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N/A
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Dividing fences are a civil matter between adjoining
landowners which the Shire is unable to get involved in.
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The rainwater tank is located without plans and the
run off will contribute to erosion.
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5.4.3 External fixtures
P4.1 – Solar collectors, aerials, antennas, satellite
dishes, pipes and external fixtures integrated into the design of the
building to not be visually obtrusive when viewed from the street and to
protect the visual amenity of surrounding properties.
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2 metre rear and side setback
dimensions are noted on the plans for the proposed rainwater tank. Height and
diameter can be measured from the site plan and elevations as they have been
drawn to a scale of 1:200 and 1:100 respectively.
The proposed tank sits partially below natural ground level
and would not be visible from adjoining properties with the provision a 1.8
metre dividing fence. The setback of the proposed tank meets the Deemed-to
-Comply standards of the R-Codes for a structure of the height proposed.
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Options:
Option 1: That Council approve the
Development Application 10.2015.2983.1 for a Single Dwelling on Strata Lot 3
(2B) Windich Street, Esperance, subject to conditions.
That Council approve the Development Application 10.2015.2983.1 for a
Single Dwelling on Strata Lot 3 (2B) Windich Street, Esperance, subject to the
following conditions:
1. Development shall be carried out and
fully implemented in accordance with the details indicated on the stamped
approved plan(s) unless otherwise required or agreed in writing by the Shire of
Esperance (Planning Services).
2. The land and buildings the subject of
this approval shall be used for the purposes of Dwelling only and for no other
purpose unless otherwise approved in accordance with the provisions of Local
Planning Scheme No. 23 (refer below definition as extracted from the
Residential Design Codes):
· Dwelling – A building or
portion of a building being used, adapted, or designed or intended to be used
for the purpose of human habitation on a permanent basis by a single person, a
single family, or no more than six persons who do not comprise a single family.
3. All earthworks, retaining walls
and/or associated drainage details shall be undertaken in accordance with plans
and specifications certified by a qualified Engineer as being consistent with
standard engineering practices, to the satisfaction of the Shire of Esperance
(Building Services).
4. The vehicle crossover is to be
constructed, drained and sealed to the satisfaction and specifications of the
Shire of Esperance (Asset Management Division) – refer enclosed vehicle
crossover application form.
5. A minimum of 2 car parking bays are
to be provided on-site in accordance with the requirements of Australian
Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.
6. Vehicle parking, manoeuvring and
circulation areas shall be suitably constructed, sealed (asphalt, concrete or
brick pavers), drained and thereafter maintained.
7. All stormwater and drainage run off
from all roofed and impervious areas is to be retained on-site to the
satisfaction of the Shire of Esperance (Building Services).
8. The existing infrastructure located
within the road reserve shall be retained and protected during the construction
process period with any damage to the infrastructure being repaired to the
satisfaction of the Shire of Esperance (Asset Management Division).
9. The provision of all services,
including augmentation of existing services, necessary as a consequence of any
proposed development shall be at the cost of the developer and at no cost to
the Shire of Esperance.
10. The approved development shall be connected to a
reticulated water supply provided by a licensed water provider.
11. The approved development shall be connected to sewer prior to
commencement of the development and/or use.
12. The works involved in the implementation of the
development must not cause sand drift and/or dust nuisance. In the event that
the Shire of Esperance is aware of, or is made aware of, the existence of a
dust problem, measures such as installation of sprinklers, use of water tanks,
mulching, or other land management systems as appropriate may be required to be
installed or implemented to prevent or control dust nuisance, and such measures
shall be installed or implemented within the time and manner directed by the
Shire of Esperance (Environmental Health Services).
13. During construction stage, adjoining lots are not to
be disturbed without the prior written consent of the affected owner(s).
14. The development hereby approved must not create
community safety concerns, or otherwise adversely affect the amenity of the
subject locality by reason of (or the appearance or emission of) smoke, fumes,
noise, vibration, odour, vapour, dust, waste water, waste products or other
pollutants.
15. All fencing shall be in accordance with the Shire of
Esperance Local Law Relating to Fencing.
and the following Advice Notes:
1. THIS
IS NOT A BUILDING PERMIT. An application for a building permit is required to
be submitted and approved by the Shire of Esperance (Building Services) prior
to any works commencing on-site.
2. The development is to comply with the
Building Code of Australia, Building Regulations and the Local
Government Act.
3. It is the responsibility of the
applicant to ensure that building setbacks correspond with the legal
description of the land. This may necessitate re-surveying and re-pegging
the site. The Shire of Esperance will take no responsibility for
incorrectly located buildings.
4. It is the responsibility of the
developer to search the title of the property to ascertain the presence of any
easements and/or restrictive covenants that may apply.
5. Horizon Power has requested the Shire
to advise Applicants that Horizon Power has certain restrictions regarding the
installation of conductive materials near its network assets. Applicants are
advised to contact Horizon Power’s Esperance office to ascertain whether
any of Horizon Power’s restrictions affect their proposed development.
This option is the officer’s
recommendation. The design of the proposed dwelling is considered an
appropriate response to the unusual features of the subject site. Due to the
small area of land suitable for construction, and large variation in site
levels on both the subject site and adjoining properties – it is
considered some form of overlooking, and the appearance of the dwelling as
being over height would be difficult to avoid. The applicant has undertaken
reasonable steps to reduce the impact of overlooking through the provision of
additional screening and reduction in window sizes. Overall the design is
considered to have a significantly lesser impact on surrounding properties and
the amenity of the streetscape than a dwelling previously approved by Council
on 17 August 2010.
Option 2: That Council refuse Development
Application 10.2015.2983.1 for a Single Dwelling on Strata Lot 3 (2B) Windich
Street, Esperance, for the following reason:
That Council refuse Development Application 10.2015.2983.1 for a Single
Dwelling on Strata Lot 3 (2B) Windich Street, Esperance, for the following
reason:
1. The proposal is
inconsistent with the Residential Design Codes, namely it exceeds:
· A maximum height of 1.2 metres for
fencing in the front setback area;
· A maximum wall height for the
dwelling of 6 metres;
· Three walls to the garage set back 1
metre from the side boundary;
· A roofed walkway between the garage
and dwelling set back 1 metre from the side boundary;
· A wall to the ground floor with major
openings set back 3.1 metres from the side boundary;
· A maximum height of 3.5 metres and an
average height of 3 metres for a 9.54 metre long wall constructed on the
boundary line;
· A wall less than 3.5 metres high and
with major openings set back 1.5 metres from side boundaries;
· A wall to a bedroom with a major
opening which overlooks adjoining properties set back 4.5 metres from side and
rear boundaries; and
· An unenclosed active outdoor
habitable space which overlooks adjoining properties set back 7.5 metres from
rear and side boundaries.
Consultation
Advertising of the
proposal was initiated to the owners of Lot 4 (2) Gladstone Street, Lot 2 (3)
Dempster Street, Strata Lot 2 (5A) Dempster Street, Lot 934 (7A) Dempster
Street, Lot 933 (7B) Dempster Street, and Lot 932 (4A) Windich Street on 1
September 2015. A non-objection from the owner of Strata Lot 1 (5B) Dempster
Street was provided with the application. No other consultation was required.
An objection was received
from the owner Lot 934 (7A) Dempster Street, Lot 933 (7B) Dempster Street, and
Lot 932 (4A) Windich Street on 15 September 2015. An objection was received
from the owner of Lot 4 (2) Gladstone Street on 17 September 2015. An objection
was received from the owner of Lot 2 (3) Dempster Street on 23 September 2015.
No correspondence was received from the owner of Strata Lot 2 (5A) Dempster
Street.
Amended plans were provided by the applicant on 27
October 2015 with a request for the item to be referred to the next available
Ordinary Council Meeting for determination.
Financial Implications
The fee for this application is $2235.50.
Statutory Implications
The statutory implications associated with this item are
· Planning and Development Act 2005
· Local Planning Scheme No. 23
Strategic Implications
Strategic Community Plan 2012 - 2022
Economic
Facilitate and guide high
quality and efficient building and development across the Shire
A community with high
quality and efficient buildings and development
Attachments
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a.
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Plans
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b.
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Justification Letter
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c.
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Adjoining Landowner Objections
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d.
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Site Photographs
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Officer’s Recommendation
That Council approve the Development Application
10.2015.2983.1 for a Single Dwelling on Strata Lot 3 (2B) Windich Street,
Esperance, subject to the following conditions:
1. Development shall be
carried out and fully implemented in accordance with the details indicated on
the stamped approved plan(s) unless otherwise required or agreed in writing
by the Shire of Esperance (Planning Services).
2. The land and
buildings the subject of this approval shall be used for the purposes of
Dwelling only and for no other purpose unless otherwise approved in
accordance with the provisions of Local Planning Scheme No. 23 (refer below
definition as extracted from the Residential Design Codes):
· Dwelling – A building or
portion of a building being used, adapted, or designed or intended to be used
for the purpose of human habitation on a permanent basis by a single person,
a single family, or no more than six persons who do not comprise a single family.
3. All earthworks,
retaining walls and/or associated drainage details shall be undertaken in
accordance with plans and specifications certified by a qualified Engineer as
being consistent with standard engineering practices, to the satisfaction of the
Shire of Esperance (Building Services).
4. The vehicle
crossover is to be constructed, drained and sealed to the satisfaction and
specifications of the Shire of Esperance (Asset Management Division) –
refer enclosed vehicle crossover application form.
5. A minimum of 2 car
parking bays are to be provided on-site in accordance with the requirements
of Australian Standard AS2890.1:2004 Parking Facilities – Off-street
Car Parking.
6. Vehicle parking,
manoeuvring and circulation areas shall be suitably constructed, sealed
(asphalt, concrete or brick pavers), drained and thereafter maintained.
7. All stormwater and
drainage run off from all roofed and impervious areas is to be retained
on-site to the satisfaction of the Shire of Esperance (Building Services).
8. The existing
infrastructure located within the road reserve shall be retained and
protected during the construction process period with any damage to the
infrastructure being repaired to the satisfaction of the Shire of Esperance
(Asset Management Division).
9. The provision of all
services, including augmentation of existing services, necessary as a
consequence of any proposed development shall be at the cost of the developer
and at no cost to the Shire of Esperance.
10. The approved development shall be
connected to a reticulated water supply provided by a licensed water
provider.
11. The approved development shall be connected to sewer
prior to commencement of the development and/or use.
12. The works involved in the
implementation of the development must not cause sand drift and/or dust
nuisance. In the event that the Shire of Esperance is aware of, or is made
aware of, the existence of a dust problem, measures such as installation of
sprinklers, use of water tanks, mulching, or other land management systems as
appropriate may be required to be installed or implemented to prevent or
control dust nuisance, and such measures shall be installed or implemented
within the time and manner directed by the Shire of Esperance (Environmental
Health Services).
13. During construction stage,
adjoining lots are not to be disturbed without the prior written consent of
the affected owner(s).
14. The development hereby approved
must not create community safety concerns, or otherwise adversely affect the
amenity of the subject locality by reason of (or the appearance or emission
of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste
products or other pollutants.
15. All fencing shall be in
accordance with the Shire of Esperance Local Law Relating to Fencing.
and the following Advice Notes:
1. THIS IS NOT A BUILDING PERMIT. An
application for a building permit is required to be submitted and approved by
the Shire of Esperance (Building Services) prior to any works commencing
on-site.
2. The development is to comply with
the Building Code of Australia, Building Regulations and the Local
Government Act.
3. It is the responsibility of the
applicant to ensure that building setbacks correspond with the legal
description of the land. This may necessitate re-surveying and
re-pegging the site. The Shire of Esperance will take no responsibility
for incorrectly located buildings.
4. It is the responsibility of the
developer to search the title of the property to ascertain the presence of
any easements and/or restrictive covenants that may apply.
5. Horizon Power has requested the
Shire to advise Applicants that Horizon Power has certain restrictions
regarding the installation of conductive materials near its network assets.
Applicants are advised to contact Horizon Power’s Esperance office to
ascertain whether any of Horizon Power’s restrictions affect their
proposed development.
Voting Requirement Simple Majority
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Item: 12.1.4
Development Application
- Grain Silos and associated Infrastructure - Lot 15 (23) Brazier Street,
Chadwick
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Author/s
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Peter Wilks
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Town Planning Officer
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Authorisor/s
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Richard Hindley
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Executive Manager - Statutory Division
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File Ref: D15/26968
Applicant
Cartman Designs on behalf of Co-operative Bulk Handling Ltd
Location/Address
Lot 15 (23) Brazier Street, Chadwick
Executive Summary
For Council to consider an application for planning
approval for Development Application 10.2015.3040.1 for Grain Silos and
associated infrastructure at Lot 15 (23) Brazier Street, Chadwick.
Recommendation in Brief
That Council approve the application for planning
approval for Development Application 10.2015.3040.1 for Grain Silos and
associated infrastructure at Lot 15 (23) Brazier Street, Chadwick.
Background
An application for Grain Silos and associated
infrastructure was received on 5 October 2015. The proposed Grain Silos are
proposed to permit additional capacity to the existing business (Co-operative
Bulk Handling Ltd).
As part of the Planning Assessment, advertising was
undertaken to affected landowners for fourteen days. No objections were
received.
Officer’s Comment
The proposed development
requires only a single variation to the provisions of Local Planning Scheme No.
23, due to the proposed height of the structures. The maximum permitted
height under Clause 5.15.1 b) is 12 metres for any building that is industrial
in nature. In this instance the applicant proposes a maximum height of 20
metres. It is noted that the existing silos and grain elevators on the property
are also in excess of 12 metres in height.
As Lot 15 (23) Brazier Street, Chadwick is zoned as
Reserve – Railway or Port Installation, there are no specific parking,
landscaping or setback requirements for the proposed development.
Consultation
As a variation to Scheme standards was proposed the
process outlined in Clause 5.5 of Local Planning Scheme No. 23 was undertaken,
with letters being sent to five adjoining or affected landowners in accordance
with Clause 9.4 of Local Planning Scheme No. 23. No objections were received.
Statutory Implications
The statutory implications arising from this report
are:
· Planning and Development Act 2005
· Local Planning Scheme No. 23
Strategic Implications
Strategic Community Plan 2012 - 2022
Economic
Facilitate and guide high
quality and efficient building and development across the Shire
A community with high
quality and efficient buildings and development
Attachments
|
Officer’s Recommendation
That Council resolve to approve
Development Application 10.2015.3040.1 for Grain Silos and associated
infrastructure at Lot 15 (23) Brazier Street, Chadwick, subject to the
following conditions:
1. Development shall be carried out
and fully implemented in accordance with the details indicated on the stamped
approved plans unless otherwise required or agreed in writing by the Shire of
Esperance (Planning Services).
2. Prior to the commencement of the
use, vehicle parking, manoeuvring and circulation areas shall be suitably
constructed, sealed (asphalt, concrete or brickpavers), drained, kerbed,
marked (including disabled bays) and thereafter maintained.
3. No
parking or display of vehicles and/or equipment shall occur within the road
verge area at any time.
4. All delivery vehicles must be
located entirely on the site during loading and unloading of goods associated
with the use of the site.
5. All stormwater and drainage run off
from all roofed and impervious areas is to be retained on-site to the
satisfaction of the Shire of Esperance (Asset Management) in accordance with
the approved Stormwater Management Plan.
6. The provision of all services,
including augmentation of existing services, necessary as a consequence of
any proposed development shall be at the cost of the developer and at no cost
to the Shire of Esperance.
7. The approved development shall be
connected to a reticulated water supply provided by a licensed water
provider.
8. The works involved in the
implementation of the development must not cause sand drift and/or dust
nuisance. In the event that the Shire of Esperance is aware of, or is made
aware of, the existence of a dust problem, measures such as installation of
sprinklers, use of water tanks, mulching, or other land management systems as
appropriate may be required to be installed or implemented to prevent or
control dust nuisance, and such measures shall be installed or implemented
within the time and manner directed by the Shire of Esperance (Environmental
Health Services).
9. During
construction stage, adjoining lots are not to be disturbed without the prior
written consent of the affected owner(s).
10. The
proposed operations, during and after construction, are required to comply
with the Environmental Protection (Noise) Regulations 1997.
11. The
development hereby approved must not create community safety concerns, or
otherwise adversely affect the amenity of the subject locality by reason of
(or the appearance or emission of) smoke, fumes, noise, vibration, odour,
vapour, dust, waste water, waste products or other pollutants.
And the following advice notes:
1. THIS
IS NOT A BUILDING PERMIT. An application for a building permit is required to
be submitted and approved by the Shire of Esperance (Building Services) prior
to any works commencing on-site.
2. The
development is to comply with the Building Code of Australia, Building
Regulations and the Local Government Act.
3. It
is the responsibility of the applicant to ensure that building setbacks
correspond with the legal description of the land. This may necessitate
re-surveying and re-pegging the site. The Shire of Esperance will take
no responsibility for incorrectly located buildings.
4. It
is the responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
5. Horizon
Power has requested the Shire to advise Applicants that Horizon Power has
certain restrictions regarding the installation of conductive materials near
its network assets. Applicants are advised to contact Horizon Power’s
Esperance office to ascertain whether any of Horizon Power’s
restrictions affect their proposed development.
6. The
development is to liaise with Shire of Esperance (Statutory Compliance) to
determine any requirement for Planning Approval and/or Signs License for any
signage proposed to be erected on site.
Voting Requirement Simple Majority
|
Item: 12.1.5
Proposed Road Closure -
Portion of unnamed Road between Pier Hotel and Loose Goose Restaurant
|
Author/s
|
Peter Wilks
|
Town Planning Officer
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D15/27512
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.
This matter was considered by Council at its October 2015
Ordinary Council Meeting where it was laid on the table to allow the proponent
to attend the meeting.
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.
These objections were subsequently withdrawn but the concerns raised are valid
from a planning perspective and so it would be inappropriate to completely
disregard them.
The issue of precedent is considered a valid planning
consideration as it could be seen 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. While Council may, of course give consideration to other
factors in reaching a decision, the officers are duty bound to highlight the
proposed closure could 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:
1. Defer responding to this matter until
the Shire (to the satisfaction of the Chief Executive Officer) 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 agreement must be to the satisfaction of the Shire by the
22nd January 2016.
2. If a satisfactory agreement is
reached as stipulated in Point 1 by the 22nd January 2016, 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
3. If a satisfactory agreement is not
reached as stipulated in Point 1 by the 22ndd January 2016 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 option allows the request to the Minister of Lands to be
deferred based on the reaching of an agreement to the satisfaction of the Chief
Executive Officer. This deferral expires on the 22nd January 2016
where a response will be sent to the Minister either supporting or not the
proposed closure based on the agreement between the owners of Lot 22 The
Esplanade and Lot 31 Andrew Street.
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. It should be noted
that these two objections have been withdrawn.
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 (Withdrawn)
|
|
|
c.
|
Objection #2 (Withdrawn)
|
|
|
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
|
24 November 2015
Page
103
24 November 2015
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104
24 November 2015
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106
24 November 2015
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24 November 2015
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108
24 November 2015
Page
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Item: 12.1.6
Amendment to Delegation -
Planning and Development
|
Author/s
|
Richard Hindley
|
Executive Manager - Statutory Division
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D15/27550
Applicant
Internal (Statutory Division)
Location/Address
Shire of Esperance
Executive Summary
The Planning and Development (Local Planning Schemes) Regulations 2015 came
into force on 19th October 2015. Schedule 2 of these regulations
(Deemed Provisions) have replaced a number of clauses in Local Planning Scheme
No. 23, in particular the clause that allows Council to delegate the powers of
the Scheme to the Chief Executive Officer.
Recommendation in Brief
That Council under Clause 82(1) of Schedule 2 of the
Planning and Development (Local Planning Schemes) Regulations 2015 delegate
powers to the Chief Executive Officer in accordance with the previous
legislation.
Background
The Planning and Development (Local Planning Schemes) Regulations 2015 came
into force on 19th October 2015. The Deemed Provisions contained
within these regulations have removed a number of sections of local Planning
Scheme No. 23 one of which was the delegation clause.
Officer’s Comment
The proposed delegation
only changes the reference to the old provisions that was contained within
Local Planning Scheme No. 23.
To ensure that the delegation is valid a new delegation to
the Chief Executive Officer is required.
Statutory Implications
Local Planning Scheme No. 23
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations
2015
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.
|
Revised Delegated Authority -
General Adminstration Powers
|
|
|
Officer’s Recommendation
That Council under Clause 82(1) of
Schedule 2 of the Planning and Development (Local Planning Schemes)
Regulations 2015 delegate the attached to the Chief Executive Officer.
Voting Requirement Absolute
Majority
|
24 November 2015
Page
112
PLANNING AND DEVELOPMENT
ACT 2005
|
|
4.2
General administration powers
|
|
Function Delegated:
This text is provided as a reference only.
Delegates shall only act in full understanding of the delegated statutory
power, inclusive of conditions [see below].
|
Unless the specific
power may only be exercised by the Council itself (or is not permitted to be
delegated under the provisions of the Local Government Act), the
Council hereby delegates authority under Clause 82 of Schedule 2 of the
Planning and Development (Local Planning Schemes) Regulations 2015 to the Chief Executive Officer[1] to administer the
Scheme and exercise discretionary powers to conditionally or unconditionally
approve (or recommend approval for) the following subject to the delegate/s
actions being in accordance with the Act, the Scheme, the Acceptable Development requirements
of the Residential Design Codes and variations that satisfy the Objectives
and Performance Criteria of the Codes, relevant Local Laws and adopted
Planning Strategies or Policies:
a) Except
for new buildings in the Central Area unless under a value of $1,000,000
and/or a place of Heritage Value under Part 7 of the Scheme, development[2] and land use
applications:
· where advertising is not necessary;
· for which advertising is necessary and there are no
objections;
· for which advertising is necessary and any comments
can be resolved through negotiation with the applicant or appropriately
conditioned on the planning consent;
· for which advertising is necessary and objections
are received which are determined to be frivolous or vexatious by the Chief
Executive Officer;
· for which comments have been sought from any
Government instrumentalities and those recommendations have been
satisfactorily addressed or appropriately conditioned on the planning
consent.
b) Unless
the specific power may only be exercised by the Council itself (or is not
permitted to be delegated under the provisions of the Local Government Act),
the Council hereby delegates authority under Clause 82 of Schedule 2 of the Planning
and Development (Local Planning Schemes) Regulations 2015 to the Chief Executive
Officer[3]
to administer the Scheme and exercise discretionary powers to refuse (or
recommend refusal for) the following subject to the delegate/s actions being
in accordance with the Act, the Scheme, the Acceptable Development
requirements of the Residential Design Codes and variations that satisfy the
Objectives and Performance Criteria of the Codes, relevant Local Laws and
adopted Planning Strategies or Policies:
· Where a planning application is received that is
classified as “X’ or non-permitted under the provisions of Local
Planning Scheme No. 23.
· Where a request for further information has not been
responded to in accordance with Policy DEV-PS 003.
· Where a planning application is received that is not
mentioned in the Zoning and Land Use Table and is not consistent with the
objectives of the particular zone.
c) Commence
advertising of any proposal where so required by the Scheme or other related
legislation and inform or consult with any affected person or statutory
authority prior to the application being determined by or on behalf of
Council.
d) Development
on reserved land that is consistent with the gazetted purpose of the reserve,
the Scheme and leasing arrangements subject to prior consultation with the
reserve manager or the Crown if not under Council control.
e) Concurrently
advertise and subsequently approve or renew planning applications for:
· extractive industries under the Scheme and
Extractive Industries Local Law 2001.[4]
· kennels under the Scheme and Dogs Local Law 2002[5].
f) Make recommendations to the
Western Australian Planning Commission (WAPC) for:
· approval of subdivisions, amalgamations, strata and
survey-strata plans, and variations to such applications that comply with the
Scheme, any adopted ODP and the adopted Local Planning Strategy;
· refusal of subdivisions, amalgamations, strata and
survey strata plans, and variations to such applications that do not comply
with the Scheme, any adopted ODP and the adopted Local Planning Strategy; and
· clearance of subdivision conditions that comply with
the WAPC preliminary approval and Council’s applicable development
standards including authorization of receipt or refund of bonds, cash
(includes cleared cheque) or bank guarantees for associated works.
g) Administer
the “Planning for Bushfire Protection” document prepared by
Department of Planning and Department Fire
& Emergency Services (DFES), including approval of fire management plans.
h) Determine
that a revised plan is considered to contain modifications that are minor and
do not amount to a significantly different proposal, do not breach any of the
conditions of the approval and do not materially affect the decision given
by, or on behalf of, Council or the WAPC.
i) Determine
whether there is compelling evidence to warrant reconsideration of a Council
decision whether the decision was made by, or on behalf of Council.
j) Amend
or revoke planning consent upon the request of the owner prior to
commencement of the use or development.
k) Respond,
defend and otherwise deal with legal proceedings arising from planning
decisions made by, or on behalf of, Council.[6].
l) Exercise
discretion on behalf of Council to reach determination, where appropriate, of
Appeals processed by mediation under the State Administrative Tribunal.
m) Exercise
discretion on behalf of Council in relation to the Arbitration provisions of
the Scheme.
n) Make
modifications to Scheme Amendments in accordance with directions from the
Minister for Planning and Infrastructure providing that any such
modification:
· does not substantially alter the intent of the
Council in adopting the amendment; or
· is required because the proposed
text is not lawful.
o) Agree
to accept management orders for reserves provided they have been created
under Section 152 of the Act.
p) Extend
time for a planning consent when there has been no proposed change to the
Scheme or supporting planning strategies and policies that would affect the
previous approval and any change to the proposed plans is relatively minor.
q) Comment
on mineral exploration licenses.
r) Issue
Liquor Licensing Act Section 40 Certificates regarding compliance with
relevant planning laws.
s) Enter
land or buildings for the purposes of administering the Scheme.
t) Allow
appropriate selection of road names by developers from the Council/Geographic
Names Committee approved reserved name list subject to developers being given
the opportunity to submit alternative selections to Council
u) Determine
that a use is consistent or not consistent with the objectives of a zone and
determine an application under section 4.4.2 of the Scheme.
v) Determine
a cash-in-lieu payment for parking spaces in accordance with section 5.11.2
of the scheme.
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|
|
|
24 November 2015
Page
115
12.2 External Services - Commercial Division
Item: 12.2.1
Approval
to Tender Lots in Flinders Stage 2
|
Author/s
|
Trevor Ayers
|
Executive Manager Commercial Division
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D15/27144
Applicant
Internal Report
Location/Address
See Attachment A – Map of Stage 2 Lots (lots
marked are those currently available, this is subject to change dependent on
any offers received between now and the tender issuing).
Executive Summary
Approval to proceed to tender to allow properties in
Flinders to continue to be sold via Chief Executive Officer (CEO) delegation
for a further six month period.
Recommendation in Brief
That Council advertise all unsold lots within Flinders
Stage 2, confirm it believes that the valuation is a true indication of the
value of the unsold lots in Flinders Stage 2. Re-list all lots not yet subject
of an offer, through the tender process and delegate authority to the CEO to
negotiate and accept offers on all listed properties..
Background
The current delegated
authority to the CEO to accept offers on lots within the Flinders development
is due to expire.
This delegated authority to
the CEO can only be provided for a maximum of 6 months following a tender or
auction process being undertaken. In order to enable Council to provide a
delegation to the CEO for a further six months it is proposed another tender be
called as soon as possible.
So far this financial year
two lots have sold with one lot currently under contract (as at 4/11/2015),
while four lots settled last financial year. This leaves 11 lots currently
listed for sale.
The valuation received in May 2014 (see attachment B) is
still seen as current following discussions with real estate agents and the
valuer regarding current market conditions and based on the limited activity
that has occurred since the last tender was undertaken.
Officer’s Comment
No submissions have been
received for the last four tenders that have issued for lots in Flinders Stage
2. This recommendation removes the need for Council to reconsider these lots
prior to them being re-listed with real estate agents unless a submission is
received. In the event that one or more tender submissions is received, this
recommendation will allow all lots not involved in a submission to be listed
with real estate agents while the tenders are being considered, minimising the
time the lots are off the market.
It has been recommended that Council continue to rely
upon the licensed valuation obtained in May 2014 [as allowed under s3.58
(4)(c)(ii)] as there has been little change in the market in the intervening
time. If Council believes a new valuation is appropriate an amendment to the
existing recommendation will enable this.
Consultation
Landmark Harcourts
Heron Todd White (valuer)
Financial Implications
Income from the sale of land at Flinders will, in the first
instance, be used to repay borrowings for the WA Treasury Corporation.
Asset Management Implications
This report deals with the potential disposal of Council
assets.
Statutory Implications
The statutory implications associated with disposing
of property are contained within:
Local Government Act 1995
Section 3.58 Disposing of Property
Local Government (Function and General) Regulations
1996
Regulation 30 Dispositions of property excluded from Act s.
3.58
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.
Attachments
|
a.
|
Map of Stage 2 Lots
|
|
|
b.
|
Licensed Valuation Flinder Stage 2
May 2014 - Confidential
|
|
|
Officer’s Recommendation
That
Council
1. Direct the
CEO to advertise all unsold lots within Flinders Stage 2, excluding lots
236-252 and 290 and any lots under offer at the time the tender is
advertised, for sale by tender.
2. Confirm it
believes that the valuation received from Herron Todd White on the 30 May
2014 is still a true indication of the value of the unsold lots in Flinders
Stage 2.
3. List all lots
not yet subject of an offer, through the tender process, at the following
prices:
|
LOT
|
SIZE (SQM)
|
VALUE
|
|
214
|
762
|
$190,000
|
|
226
|
766
|
$185,000
|
|
227
|
766
|
$185,000
|
|
228
|
766
|
$185,000
|
|
266
|
768
|
$190,000
|
|
267
|
768
|
$190,000
|
|
271
|
801
|
$190,000
|
|
275
|
801
|
$185,000
|
|
276
|
760
|
$190,000
|
|
277
|
760
|
$190,000
|
|
281
|
760
|
$190,000
|
4. Delegate
authority to the CEO to negotiate and accept offers on all listed properties
at or above the licensed valuations as received from Herron Todd White on the
30 May 2014.
Voting Requirement Simple Majority
|
24 November 2015
Page
117
24 November 2015
Page
118
Item: 12.2.2
Visitor
Centre Management
|
Author/s
|
Trevor Ayers
|
Executive Manager Commercial Division
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D15/27227
Applicant
Internal Report
Executive Summary
To formalise the priority services Council wants
delivered by the Esperance Visitor Centre and finalise a process to enable the
long-term management of the Esperance Visitor Centre to be determined.
Recommendation in Brief
That Council:
1. Confirm the priority
services to be delivered by the Esperance Visitor Centre are:
a. Shop front for tourism
information
b. On-line presence for
tourism information
c. Promotion of
visitation to the district
d. Provision of booking
services for visitors
2. Request the Chief
Executive Officer to determine if Tourism Esperance wishes to participate in a
Management Committee of Council responsible for overseeing the delivery of
these priority services and;
a. Prepare Draft Terms of
Reference for a Management Committee responsible for delivering the priority
services identified above via the Esperance Visitor Centre ,in the event that
Tourism Esperance confirm their agreement to be involved in the proposed
management committee; or
b. In the event that
Tourism Esperance does not wish to participate in the management of the Visitor
Centre with this revised focus, invite Expressions of Interest from within the
broader community for delivery Visitor Services in accordance with
Council’s identified priorities
c. Provide either the
Draft Terms of Reference for a Management Committee or the outcomes of the
Expressions of Interest to Council for consideration and comparison with a
revised “in-house” management model for the Visitor Centre.
Background
Council has been working with Tourism
Esperance to improve the operations of the Esperance Visitor Centre and ensure
that the most appropriate management structure is put in place. The last
resolution of Council (on the 25/8/2015) was:
That Council invite Tourism Esperance
to meet with it to clearly define the preferred role of the Esperance Visitor
Centre and draft terms of reference for a committee to manage the Esperance
Visitor Centre.
Following this, representatives of
Tourism Esperance met with Council on the 8th of September to
further discuss the future role of the Visitor Centre and the potential
advantages and disadvantages of a management committee being set up to oversee
the operation of the centre.
Council has since had further
informal discussions to further refine the preferred role of the Esperance
Visitor Centre; this item seeks formal agreement of these so that both staff
and members of Tourism Esperance have clarity, enabling finalisation of both
the future management of the centre and a clearly defined scope of services to
be provided by the centre.
Officer’s Comment
While the previous Council resolution targeted
delivery of both the preferred role of the visitor centre and the draft terms
of reference for a management committee, it has also been necessary to reach a
formal position on the preferred role of the Visitor Centre i.e. just what
service the council wants to fund.
Tourism Esperance has indicated its interest in being
part of a management committee would be dependent on the role of both the
visitor centre and the level of involvement the committee can have in managing
it.
With the role of the visitor centre formalized, final
discussion can be held with Tourism Esperance to understand whether it is still
interested in being part of a management committee or not. In the event that
Tourism Esperance remains interested terms of reference can be finalised and
brought back to Council in relatively short order. In the event that it decides
not to be involved, an alternate management options can be finalised (either by
Council continuing to operate the visitor centre as an internal operation or an
external operator being contracted to deliver these services on behalf of
Council).
If adopted, the officers’ recommendation would
progress a joint management model with Tourism Esperance or allow a comparison
with a private contractor and in-house management of a streamlined visitor
centre.
Consultation
This item has been written following discussions
between Council and Tourism Esperance.
Financial Implications
The only financial implications arising from this report are
any advertising requirements that may arise in the even that an Expression of
Interest needs to be proceeded with. These costs can be met from within the
existing budget.
Statutory Implications
The statutory implications associated with this item are:
· Division 2 of Part 5 of the Local
Government Act 1995 deals with Committees of Council.
· Section 3.57 of the Local Government
Act deals with Tenders for providing goods or services.
Policy Implications
The only policy implication arising from this report is in
respect to:
· COR 007: Procurement Policy
Strategic Implications
Strategic Community Plan 2012 - 2022
Economic
Deliver a diverse range
of affordable services and infrastructure across the Shire
A range of services,
facilities and programs that the broadest community can access
Attachments
Nil
|
Officer’s Recommendation
That Council:
1. Confirm
the priority services to be delivered by the Esperance Visitor Centre are:
a. Shop
front for tourism information
b. On-line
presence for tourism information
c. Promotion
of visitation to the district
d. Provision
of booking services for visitors
2. Request
the Chief Executive Officer to determine if Tourism Esperance wishes to
participate in a Management Committee of Council responsible for overseeing
the delivery of these priority services and;
a. Prepare
Draft Terms of Reference for a Management Committee responsible for delivering
the priority services identified above via the Esperance Visitor Centre, in
the event that Tourism Esperance confirm their agreement to be involved in
the proposed management committee; or
b. In
the event that Tourism Esperance does not wish to participate in the
management of the Visitor Centre with this revised focus, invite Expressions
of Interest from within the broader community for delivery Visitor Services
in accordance with Council’s identified priorities
c. Provide
either the Draft Terms of Reference for a Management Committee or the
outcomes of the Expressions of Interest to Council for consideration and
comparison with a revised “in-house” management model for the
Visitor Centre.
Voting Requirement Simple Majority
|
24 November 2015
Page
121
Item: 12.2.3
Endorsement
of the Esperance Regional Economic Development Strategy
|
Author/s
|
Trevor Ayers
|
Executive Manager Commercial Division
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D15/27644
Applicant
Internal report
Location/Address
South-East Coast (Shires of Esperance, Ravensthorpe
and Dundas)
Executive Summary
For Council to consider endorsing the Esperance
Regional Economic Development Strategy (Attachment A) , enabling the first
stage of this project to be finalised and implementation actions to commence.
Recommendation in Brief
That Council endorse the attached Esperance Regional
Economic Development Strategy.
Background
The Draft Esperance Region Economic Development Strategy
(EREDS) is one of the projects funded through the SuperTowns Program. Due
to its regional focus the Goldfields Esperance Development Commission has led
the project in partnership with the Esperance Chamber of Commerce and Industry
(ECCI) and the Shires of Esperance, Dundas and Ravensthorpe.
At the April Ordinary Meeting of Council, Council resolved to
endorse a series of amendments to the draft EREDS, after holding workshops in
Condingup, Grass Patch, Cascade and Esperance, and reviewing the 65 written
submissions received during the advertising period.
Minute O0415-043
That Council
1. Receive
the submissions to the Draft Esperance Region Economic Development Strategy
(Attachment B).
2. Endorse
the recommended amendments to the Draft Esperance Region Economic Development
Strategy (contained within Attachment A as amended).
3. Direct
the CEO to provide the submissions (Attachment B) and recommended amendments
(contained within Attachment A as amended) to the GEDC to enable finalisation
of the Esperance Region Economic Development Strategy.
Following this the GEDC advised Council that the
‘Agricultural Land Release – Investigation’ initiative within
the draft EREDS would be removed from the final document unless the Shire was willing
to take the role of lead agency in its delivery. Council considered this at the
October 2015 Ordinary Meeting of Council, with the following decision.
Minute O1015-001
That Council endorse the Shire of
Esperance becoming the lead agency to the “Agricultural Land Release
– Investigation” initiative within the Esperance Regional Economic
Development Strategy.
The GEDC has now provided the finalised EREDS for
Council endorsement to finalise stage 1 of this project, which will allow Stage
2 to commence. Stage 2 (which also has funding from within the SuperTowns
program) enables initial investigations to be undertaken into one or more of
the identified initiatives.
Officer’s Comment
The EREDS has been developed as a partnership between
the three local Shires, the GEDC and the ECCI. It received significant interest
from within the community during its development, with 65 individual
submissions being received when it was advertised for comment.
The final document has drawn on all of this, with
endorsement being required before stage 2 can commence. The GEDC has advised
that the four other agencies involved have all already endorsed this document.
Consultation
The finalisation of this document was lead by the GEDC
with the Shires of Esperance, Ravensthorpe and Dundas and the ECCI all being
represented on the working group tasked with delivery of this project.
Financial Implications
Endorsement of this document will not result in any financial
implications for the Shire of Esperance. This project has been fully funded
from the SuperTowns program. In addition, there are also funds available from
this program to enable progression of one or more of the identified initiatives
from within the document.
Strategic Implications
Strategic Community Plan 2012 - 2022
Economic
Advocate and plan for
population growth and diverse residential and economic development in a
sustainable manner
A growing Shire supported
by improved job opportunities and diversity in our industries, businesses and
housing
Attachments
|
a.
|
Esperance Regional Economic
Development Strategy - Under Separate Cover
|
|
|
Officer’s Recommendation
That Council endorse the attached
Esperance Regional Economic Development Strategy.
Voting Requirement Simple Majority
|
24 November 2015
Page
123
12.3 External Service - Community Division
Item: 12.3.1
Appointment
of Members to Ralph Bower Adventureland Park Working Group
|
Author/s
|
Rod Hilton
|
Executive Manager Community Division
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D15/24845
Applicant
Internal
Location/Address
Ralph Bower Adventureland Park Working Group
Executive Summary
For Council to consider the appointment of members to
the Ralph Bower Adventureland Park Working Group
Recommendation in Brief
That Council appoints community members to the Ralph
Bower Adventureland Park Working Group.
Background
On the 25th August 2015 (Res. O0815-001)
Council resolved to establish the Ralph Bower Adventureland Park Working Group
and on the 10th November 2015 (Res. S1115-027) appointed Cr’s
Parker, Padgurskis and Brown to the Working Group.
During September nominations for membership to the
Working Group were invited from the following groups:
· 1 representative Miniature
Railway Society
· 1 representative Rotary
Club of Esperance
· 1 representative Esperance
Bay Rotary Club
· 1 representative Esperance
Apex Club
· 1 representative Southern
Ports Authority
· 2 representative Adventureland
Park Management Committee
The groups were requested to submit their nominations
by the end of September.
The following nominations were received:
· Ewin Stewart Miniature
Railway Society (verbal by phone)
· Ken Jenkyn Rotary
Club of Esperance (verbal by phone)
· Paul Russell Esperance
Bay Rotary Club
· Alexis Billig Esperance
Apex Club
· Neil Pearson Southern
Ports Authority
· Charlotte Davidson Adventureland
Park Management Committee
· David Ford Adventureland
Park Management Committee
Officer’s Comment
All committee positions became vacant as at Council
Election Day (17th October). Councilors generally review the Terms
of Reference for Committees immediately following the Local Government
Elections before calling for nominations to fill committee vacancies.
Statutory Implications
The statutory implications associated with this item are
contained within the Local Government Act 1995 Section 5.10 Appointment of
Committee Members.
Strategic Implications
Strategic Community Plan 2012 - 2022
Civic Leadership
Strategy 4.2 Maintain a
clear, transparent and ethical decision making process
Corporate Business Plan 2013/2014 – 2016/2017
4.2.1.1 Facilitate regular public council
meetings and document public agendas and minutes
Attachments
Nil
|
Officer’s Recommendation
That Council appoints the following
representatives to the Ralph Bower Adventureland Park Working Group:
· Ewin Stewart Miniature
Railway Society (verbal by phone)
· Ken Jenkyn Rotary
Club of Esperance (verbal by phone)
· Paul Russell Esperance
Bay Rotary Club
· Alexis Billig Esperance
Apex Club
· Neil Pearson Southern
Ports Authority
· Charlotte Davidson Adventureland
Park Management Committee
· David Ford Adventureland
Park Management Committee
Voting Requirement Absolute
Majority
|
24 November 2015
Page
125
Item: 12.3.2
Request
for Budget Amendment to Fund Replacement of Homecare Bus
|
Author/s
|
Rod Hilton
|
Executive Manager Community Division
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D15/23425
Applicant
Internal
Executive Summary
To amend the annual budget to enable the replacement
of light vehicle LV450 (Homecare Bus) to be funded from the HACC Asset
Replacement Reserve rather than from proposed grant funding.
Recommendation in Brief
That Council amends the 2015/16 Annual Budget for
replacement of Homecare bus LV450 as follows:
|
Description
|
2015/16 Budget Figure
|
2015/16 Amended Budget
|
|
01-7810-150-760
|
Capital Grant Received
|
($130,000)
|
$0
|
|
01-7810-955-944
|
Transfer from HACC Asset
Replacement Reserve
|
($156,000)
|
($286,000)
|
Background
The 2015/16 light vehicle replacement schedule, as
attached to the annual budget, proposes that the Homecare Rosa bus (LV 450)
will be replaced during the current financial year for an estimated purchase
price of $155,000. The budget indicates the replacement bus will be funded from
a $130,000 grant and an estimated trade in value of $25,000.
Esperance Homecare currently retains $571,360 in its HACC
Asset Replacement Reserve. This reserve comprises accumulated funds from the
value of HACC funded assets depreciation treated as an expense on Home and
Community Care operating grants and transferred to the Reserve at the end of
each financial year.
Officer’s Comment
The Homecare Rosa was purchased with HACC Non
Recurrent grant funds in 2004. It has 120,321km on the odometer. It is an 18
seat bus equipped with a lift for wheelchairs.
The current budget proposal is to seek further HACC
Non Recurrent grant funds to finance replacement of the bus. Given the
information provided by HACC that replacement of HACC assets, as a general
rule, should be funded out of asset replacement reserves, this report
recommends that the Homecare Capital Budget is amended by deleting the proposed
Capital Grant Funding of $130,000 and increasing the amount to be transferred
from Esperance Homecare Asset Replacement Reserve by $130,000 to fund the
purchase of the new 18 seat bus.
Consultation
The WA Country Health Service Regional HACC Project Officer
has been consulted and has approved the bus replacement from the HACC Asset
Replacement Reserve Funds.
Asset Management Implications
It is important to ensure that fleet is changed over
at the optimal time whereby a suitable trade value is obtained while limiting
the need to undertake significant maintenance on plant prior to trading. This
ensures that the Shire keeps a modern, up-to-date fleet that is capable of
undertaking the significant work required within the Shire of Esperance.
Optimal replacement of mini buses is the earlier of 10
years or 150,000 km. The Home Care bus is currently 11 years old, and has
done 124,000 km and is over due for replacement.
Financial Implications
The financial implications arising from this report will
result in a budget amendment to fund the replacement bus from HACC Asset
Replacement Reserve Funds as opposed to Grant Funds.
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
01-7810-150-760
|
Capital Grant Received
|
($130,000)
|
$0
|
$130,000
|
|
01-7810-955-944
|
Transfer from HACC Asset
Replacement Reserve
|
($156,000)
|
($286,000)
|
($130,000)
|
|
Net result
|
$0
|
The impact on the HACC Asset Reserve Fund will be as
follows:
Transfers out of the HACC Asset Replacement Reserve
will be amended from $156,000 to $286,000 to leave a closing balance at 30th
June 2016 of $296,582 which represents a Net change in the Reserve of
($274,778).
Statutory Implications
The statutory implications associated with this item are
contained within the:
Local Government Act 1995 Section 6.8 Expenditure from
municipal fund not included in annual budget
Strategic Implications
Strategic Community Plan 2012 - 2022
Economic
Maintain the
Shire’s robust asset management practices and maintenance programs
Assets which meet the
expectations of the community
Corporate Business Plan 2013/2014 – 2016/2017
Action 3.5.1.3 Manage Shire Fleet
Attachments
Nil
|
Officer’s Recommendation
That Council amends the 2015/16 Annual Budget
for replacement of Homecare bus LV450 as follows:
|
Description
|
2015/16 Budget Figure
|
2015/16 Amended Budget
|
|
01-7810-150-760
|
Capital Grant Received
|
($130,000)
|
$0
|
|
01-7810-955-944
|
Transfer from HACC
Asset Replacement Reserve
|
($156,000)
|
($286,000)
|
Voting Requirement Absolute
Majority
|
24 November 2015
Page
127
12.4 Asset Management
Nil
12.5 Corporate Resources
Item: 12.5.1
Lease
- Condingup & District Recreation Association (Inc.)
|
Author/s
|
Jennifer Parry
|
Manager Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D15/25505
Applicant
Condingup & Districts Recreation Association (Inc)
Location/Address
Lot 168 on Plan
219804, Sutcliffe Street Condingup, Reserve 27225.
Executive Summary
For Council to consider granting a new lease to Condingup
& Districts Recreation Association Incorporated (CDRA) over Lot 168
Sutcliffe Street Condingup.
Recommendation in Brief
That Council agrees to lease the property known as
Condingup Community Hall – Reserve 27225, Lot 168 Sutcliffe Street to
Condingup & Districts Recreation Association (Inc) for the term of 10 years
with an option of a further 10 years subject to certain conditions.
Background
The previous lease between the Shire and CDRA for
Condingup Community Hall on Lot 168, Plan 219804 (formally Lot 1, Plan 19804)
was negotiated and signed in October 1994. The lease term was for 10 years with
a further term of 10 years which expired on 24 October 2014; the lease
contained a ‘hold over’ clause which has allowed for continuation
on a week to week tenancy under all other terms and conditions of the lease.
CDRA have elected to lease the entire reserve, not
only the footprint of the building. There is currently a verbal agreement in
place between the Shire and CDRA with regard to the oval reticulation, mowing
and cleaning of the Shire’s public toilet block on the reserve. It is
intended that a formal memorandum of understanding will be negotiated in the
near future to formalize these matters.
Officer’s Comment
Past negotiations and discussions regarding the
premises with CDRA have always been pleasant and amiable and no reason can be
found as to why a new lease would not be granted.
Consultation
Asset Management
Parks & Environment
Financial Implications
The rent on this property will be $1.00 (ex GST) p.a. as and
when demanded. CDRA will be responsible for all utility costs along with
reimbursement to the Shire for 50% of annual building insurance premium.
The reasoning behind CDRA paying 50% of annual property
insurance stems from a report to Council in December 2008 (Res #
O1208-1500). The report discussed the considerable increase in property
valuation and consequently the insurance premiums. In particular, the section
on insurance for community halls stated that since Condingup and Cascade facilities
had undergone transformations which changed the predominant purpose of each
from public hall to community recreation facility (unlike Beaumont, Dalyup,
Grass Patch, Salmon Gums & Scaddan Halls), it was recommended that both
contribute 50% towards the cost of insurance.
A lease preparation fee of $100.00 (ex GST) will be charged
for this lease.
Asset Management Implications
The lease will specify CDRA being responsible for all minor
maintenance with structural maintenance being funded as identified in Council
Policy COR 012: Reserve Funding for Community Halls.
This policy aims to provide consistency in financial
assistance, and equity in terms and conditions between the various community
halls and centres for replacement, or major extensions and upgrades. To access
funding, the various management committees are required to apply for funding in
a similar method as the Community Grants program, and the Council would assess
the merit of each application.
Structural component costs only will be funded (e.g. walls
roof, floors, windows, doors, septic/sewerage, wiring, stairs & fire
escapes).
To strive for equity across all
communities the funding for each project is calculated on a percentage basis of
the size of each hall/centre compared to the size of a standard hall. The
current average of the five (5) standard halls is 305 m2. This percentage is
applied to the cost of the structural component of the renovation or
replacement. It is the management committee that is responsible for all
maintenance of the building and any requirements over and above the funding
offered by the Shire.
Example for Renovation
If Grass Patch Hall required a
re-roof then the level of support would be calculated as follows:
‘Average Hall Area’
divided by ‘Actual Hall Area’ = ‘Percentage’,
multiplied by ‘Cost of New Roof’
305 m2 / 330 m2
= 92.4% x $50,000 = $46,000
Example for Replacement
If Grass Patch Hall required
replacing then the level of support would be calculated as follows:
‘Average Hall Area’
divided by ‘New Hall Area’ = ‘Percentage’, multiplied
by ‘Cost of New Hall
Structural Component’
305 m2 / 1000 m2
= 30.5% x $1,000,000 = $305,000
Statutory Implications
Local Government (Functions & General)
Regulation 1996 - Section 30 Disposing of property excluded from Act s.3.58
Land Administration Act 1997
- Section 18 Crown Land
Transactions that need Minister’s Approval
Local Government Act 1995 – Section 9.49A
Execution of Documents
Policy Implications
This report relates to Council Policy COR 004: Building and Property
Leases & COR 012: Reserve Funding for Community Halls.
Strategic Implications
Strategic Community Plan 2012-2022
1.4 Encourage
and support volunteers and community groups
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 4.5.13 Manage Shire leases and insurance
Attachments
Nil
|
Officer’s Recommendation
That Council agrees to lease the
property known as Condingup Community Hall to Condingup & Districts
Recreation Association Inc. subject to;
1. The
leased area being Lot 168 on Plan 219804, Reserve 27225 (18.1255 ha),
Sutcliffe Street Condingup, described and defined in the lease and displayed
clearly in an attachment to the lease document;
2. All
terms and conditions as per Council Standard Sporting & Community Group
Lease;
3. The
term of the lease be 10 years with a 10 year option commencing 1 December
2015;
4. The
lease rental be $1.00 (ex GST) p.a.; and
5. Authorise
the CEO to execute the lease.
Voting Requirement Simple Majority
|
24 November 2015
Page
130
Item: 12.5.2
Lease
- Museum Village - Old Hospital
|
Author/s
|
Jennifer Parry
|
Manager Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D15/25510
Applicant
Andrea McVeigh, Sharon Birch & Vashti Ashman
Location/Address
The Old Hospital Building, Museum
Village Park, portion of Lot 61 (60) Dempster St Esperance.
Executive Summary
For Council to consider leasing the Old Hospital
Building Museum Park to Andrea McVeigh, Sharon Birch & Vashti Ashman,
trading as Blue Haven Healing & Relaxation Centre.
Recommendation in Brief
That Council agrees to lease the property known as the
Old Hospital Building Museum Park to Andrea McVeigh, Sharon Birch & Vashti
Ashman trading as Blue haven Healing & Relaxation Centre subject to
specified terms and conditions.
Background
Council resolved at the
September 2015 OCM to enter into a short term rental agreement with Ms McVeigh
on the Old Hospital Building. The short term agreement would provide time
required to advertise the property to the general public for lease via an expression
of interest process and subsequent formal lease procedure.
An advertisement was
placed in the Public Notices section of the Esperance Express on 2 October 2015
calling for expressions of interest to lease the Old Hospital, Museum Village.
A two week period was provided for submissions to be lodged, closing on 16
October 2015.
Only one submission was received (attached), from
Andrea McVeigh, Sharon Birch & Vashti Ashman. The requested term is for an
initial period of 1 year with two options of 2 years each.
Officer’s Comment
The submission received
may be considered to not be fully in accordance with Council Policy COR 003:
Museum Park Building Leasing Arrangements; however natural wellbeing service
providers which have & are operating in the Museum Village indicate that
their services are utilized by both locals and tourists alike.
Ms McVeigh has stated that
there is already a symbiotic relationship between her business and that of
Naturally Esperance operating out of the Old Methodist Church in the Village
and that their businesses compliment each other.
The internal layout of the Old Hospital Building
consists mainly of several small rooms; not a large open plan area as required
by most commercial retailers. The individual room set-up is suited to a service
providing business such as this proposal.
Consultation
Asset Management
Financial Implications
The advertised rent on this property is $8,192.00 (ex GST)
per annum, being $128.00/m2 as endorsed by Council at the September
2105 OCM. This lease will also include a Lease Preparation Fee of $500.00 (ex
GST) plus the requirement to pay all outgoings; metered electricity, annual
property rates and the reimbursement of building Insurance premium.
Asset Management Implications
The Old Hospital Building is in a satisfactory condition with
only minimal external works identified in the recent building compliance
inspections.
Statutory Implications
Local Government Act 1995 - Section 3.58 Disposing of
Property
Local Government Act 1995 – Section 9.49A
Execution of Documents
Commercial Tenancy (Retail Shops)
Agreement Act 1985
Policy Implications
This report relates to Council Policy COR 003: Museum Park
Buildings Leasing Arrangements and COR 004 for Building and 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
Social
1.2 Create a vibrant built environment that is
accessible and inclusive and reflects the Shire’s identity and local
heritage
Economic
3.5 Maintain the Shire’s robust asset management
practices and maintenance programs
Corporate Business Plan
Action 4.5.12 Manage Shire leases and insurances
Attachments
|
a.
|
Expression of Interest - Old
Hospital Building Museum Park - Andrea McVeigh, Sharon Birch & Vashti
Ashman
|
|
|
b.
|
COR 003: Museum Park Building
Leasing Arrangements
|
|
|
Officer’s Recommendation
That Council agrees to lease the
property known as the Old Hospital, Museum Village Park to Andrea McVeigh,
Sharon Birch & Vashti Ashman subject to;
1. The
leased area being a portion of Lot 61 on Diagram 5742, 60 Dempster Street
Esperance, described and defined as the ‘Old Hospital’ in the
lease and displayed clearly in an attachment to the lease document;
2. All
terms and conditions as per Council Standard Commercial Lease;
3. The
term of the lease be 1 year with 2 options of 2 years each commencing 1
January 2015;
4. The
lease rental be $8,192.00 (ex GST) per annum with annual rental review;
5. The
disposition being advertised in accordance with Section 3.58 of the Local
Government Act 1995 for Disposal of Property; and
6. Authorise
the CEO to execute the lease document provided no adverse submissions are
received.
Voting Requirement Simple Majority
|
24 November 2015
Page
133
24 November 2015
Page
135
24 November 2015
Page
136
Item: 12.5.3
Lease
- Museum Village - Old Doctors Surgery
|
Author/s
|
Rebecca Warren
|
Administration Officer
|
|
|
Jennifer Parry
|
Manager Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D15/26657
Applicant
Sally Nevin
Location/Address
Doctors Surgery – Museum Village Park – Lot: 59 on Diagram: 5742 - Reserve
2815 – 59 Dempster Street Esperance.
Executive Summary
For Council to consider renewing the Lease on the
Doctors Surgery building in the Museum Village Park to Sally Nevin.
Recommendation in Brief
That Council, subject to the approval of the Minister of
Lands, agrees to lease to Sally Nevin, trading as White Sands Gallery the
property described as Doctors Surgery, Museum Village located on a portion of
Lot 59 on Reserve 2815, 59 Dempster Street Esperance, for a lease period of 3
years, commencing 1 January 2016, with two additional one (1) year options,
subject to specified conditions.
Background
Ms. Nevin was assigned the
lease on the Old Doctors Surgery commencing on the 18 May 2015, for a term of 1 day less than 6 months. Ms Nevin’s proposal to create
locally made products for the Esperance community and tourists such as framed
prints, post cards, photo cards, mugs, key rings, magnets, seasonal calendars
and Esperance themed Christmas Cards along with promoting other
artist/photographers work that is in accordance with the objectives of the
Shire Policy for the Museum Village, has resulted in a successful business
which has been well accepted by the community. The current lease expires on 17
November 2015.
Officer’s Comment
Ms. Nevin holds a strong presence within the Museum
Village, and is an active participant in the Museum Village Markets. White
Sands Gallery being the name of the business operated by Ms. Nevin is compliant
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. Ms. Nevin has proved to be a good
tenant over the period of her lease, and there has been no reasons found to
indicate that a lease renewal should not be granted.
Ms Nevin has requested a lease renewal for a period of 3 years, with two
additional one (1) year options. Given that the current lease expires 17 November 2015, the
holdover clause outlined under the current Lease agreement, Mutual
Agreements, section 27 applies with the tenancy currently on a month to
month basis. The new lease term is proposed to commence 1 January 2016 in order
to bring the lease for
the Old Doctors Surgery in line with other new leases.
The future leasing of the Museum Village has been extensively
discussed and workshopped with Council over the past months and a position
going forward for the next 5 years has been developed. This has involved
clarifying a number of maintenance issues on the buildings as well as
determining a rental structure that is more consistent with commercial rentals
within the town centre.
The Esperance Town Centre Revitalisation Master Plan (ETCRMP)
and the submissions that accompanied the plan were seen as being vital guidance
for Council with regard to the future of leasing in Museum Village. The ETCRMP
was endorsed by Council in April 2015. The ETCRMP indicated that the land
occupied by the Museum Village have alternate uses and that the possible
relocation and re-use options for the Museum Village buildings be evaluated.
The implementation timeframe suggested was short term (within 5 years). This is
consistent with the lease that is proposed for the Old Doctors Surgery for a period of 3 years, with two
additional one (1) year options.
Consultation
Asset Management
Department of Lands
Financial Implications
Current rent (2015) on the Old Doctors Surgery is $1,893.00
p.a. (ex GST). Proposed new rent for this property is $3,727 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 - $ 2,504.00 p.a. (ex GST)
2017 - $ 3,116.00 p.a. (ex GST)
2018 - $ 3,727.00 p.a. (ex GST)
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
Old Doctors Surgery requires maintenance at an estimated value of $5,900.00
over the next 3 years. Approximately $200.00 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
Sally Nevin, trading as White Sands Gallery the property known as Old Doctors
Surgery Museum Village located on a portion of Lot 59, on Reserve 2815, 59
Dempster Street Esperance, subject to the following;
1. The lease agreement be subject to
the approval of the Minister of Lands;
2. The rent to be; 2016
- $ 2,504.00 p.a. (ex GST)
2017
- $ 3,116.00 p.a. (ex GST)
2018
- $ 3,727.00 p.a. (ex GST)
With the remaining 2 years of the
lease to be calculated in accordance with Council Policy COR 004: Building
& Property Leases;
3. The term of the lease be for 3
years from 1 January 2016 with two additional one (1) year options;
4. 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;
5. Will be advertised in accordance
with Section 3.58 of the Local Government Act 1995 for Disposal of
Property; and
6. Authorises the CEO to execute the
lease in accordance with Section 9.49A of the Local Government Act 1995
for Execution of Documents.
Voting Requirement Simple Majority
|
24 November 2015
Page
139
Item: 12.5.4
Lease
- Museum Village - Blacksmith Shop
|
Author/s
|
Rebecca Warren
|
Administration Officer
|
|
|
Jennifer Parry
|
Manager Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D15/26890
Applicant
Vera Wroth, Vera’s Wellbeing Centre
Location/Address
Old Blacksmith Shop – Museum Village Park
– Lot: 60 on Diagram: 5742 – Reserve 2815 – 58 Dempster
Street Esperance.
Executive Summary
For Council to consider extending the existing lease
to Vera Wroth, for the Old Blacksmith Shop in the Museum Village Park until no
later than 30 June 2016.
Recommendation in Brief
That Council agrees to extend the existing lease to
Vera Wroth, trading as Vera’s Wellbeing Centre, for the property
described as Old Blacksmith Shop, Museum Village located on a portion of Lot 60 on Reserve 2815, 58
Dempster Street Esperance, on a short term, monthly basis in accordance with Section
13.4 Holding Over outlined in the current Lease agreement, commencing 1
December 2015, and extending until no later than 30 June 2016.
Background
Mrs Worth was assigned the lease on the Old Blacksmith
Shop commencing on the 1 December 2010, for a term of 2 years, with a 3 year
extended term. The lease was permitted on the basis that the building be used
for a ‘Well Being Centre’. Mrs Wroth has met the requirements of
her current lease to date, by providing a centre that offers relaxation and
well being services for visitors to Esperance, and locals alike, on an as
required basis. The current lease expires on 30 November 2015.
Officer’s Comment
Mrs Wroth has requested a
short-term, monthly lease, to be terminated at the conclusion of the current
tourist season. Given that the current lease expires 30 November 2015, the
holdover clause outlined under the current Lease agreement, Mutual
Agreements, section 13 applies with the tenancy currently on a month to
month basis. The Holdover Clause specifies the following:
13.4 Holding Over
“If the Lessee continues to occupy the Premises after
the expiration or earlier determination of the Term with the consent of the
Lessor then the Lessee will become a monthly tenant of the Lessor but (unless
otherwise agreed) at a rent equal to one twelfth of the aggregate of the Rent
(increased by 10% above that payable immediately prior to that expiration or
determination) and Rate and Tax Outgoings payable by the Lessee immediately
preceding that expiration or determination and otherwise on and subject to the
Lessee's Covenants and the same conditions as are expressed or implied in this
Lease except for any option to renew which the parties agree is deemed to be
expressly excluded.
The future leasing of the Museum Village has been extensively
discussed and workshopped with Council over the past months. This has involved
clarifying a number of maintenance issues on the buildings, including the
possible demolition of the Old Blacksmith Shop; therefore, the future rental
structure of the Old Blacksmith Shop is currently unresolved, and a short-term
lease is appropriate for the current situation.
Consultation
Asset Management
Finance
Financial Implications
The current rent (2015) on the Old Blacksmith Shop is $5,766
p.a. (ex GST). Mrs Wroth has requested a short-term lease extension which will
result in a 10% rent increase, in accordance with the holdover clause outlined under the
current Lease agreement, Mutual Agreements, section 13, 13.4 Holding over.
Asset Management Implications
Recent inspection of Museum Village properties indicates that
the Old Blacksmith Shop is non-compliant and requires maintenance at an
estimated value of $21,720.00 over the next 3 years, however Council have
identified demolition as being a more suitable option in previous workshops.
Approximately $120.00 of required maintenance is specified as immediate works
required, which entails changes to the exit door lock so the building can be
opened from the inside.
Statutory Implications
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 agree to enter a
holdover agreement for the current lease to Vera Wroth, trading as
Vera’s Wellbeing Centre the property known as Old Blacksmith Shop,
Museum Village located on a portion of Lot 60, on Reserve 2815, 58 Dempster
Street Esperance, subject to the following:
1. The
lease continues on a monthly basis until no later than 30 June 2016;
2. The lease
be in accordance with the holdover clause outlined under the current Lease
agreement, Mutual Agreements, section 13.
Voting Requirement Simple Majority
|
24 November 2015
Page
142
Item: 12.5.5
Lease
- Museum Village - Old Chemist Shop
|
Author/s
|
Rebecca Warren
|
Administration Officer
|
|
|
Jennifer Parry
|
Manager Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D15/26659
Applicant
Delcia Hubble
Location/Address
Old Chemist Shop – Museum
Village Park – Portion of Lot 59 & 60 (56 & 58) Dempster St
Esperance - Reserve 2815
Executive Summary
For Council to consider renewing the existing lease on
the Old Chemist Shop, Museum Village to Delcia Hubble trading as Esperance
Sew’N’Sews.
Recommendation in Brief
That Council, subject to the approval of the Minister of
Lands, agrees to lease to Delcia Hubble, trading as Esperance Sew’N’Sews the property described as Old Chemist
Shop, Museum Village located on a portion of Lot 59 and Lot 60 on Reserve 2815, Dempster Street Esperance, for a lease
period of 3 years with two (2) additional one (1) year options subject to
specified conditions.
Background
Council resolved in September 2013 to lease the Old
Chemist Shop in Museum Village to Mrs Hubble for a period no longer than 6
months. The short term of the lease was due to restrictions imposed by the Commercial
Tenancies (Retail Shops) Agreement Act 1985 (CTA) stipulating that a new
tenant must be given the right to a 5 year tenancy, which we were unable to
offer as Council has previously resolved that all Museum Village leases
terminate no later than 31 December 2015.
During this initial term, Mrs Hubble applied to the State
Administrative Tribunal for a determination that the statutory option under
section 13(1) of the CTA to renew the tenancy referred to in the application
does not arise on 1 January 2016. The application was heard on 26 February 2014
and an order was issued in her favour.
Prior to Mrs Hubble leasing the Old Chemist Shop, she was
associated with Creative Touch & Alethea Rose Bridal who were lessees of
the Old Matron’s Quarter’s in Museum Village since 2010.
Officer’s Comment
Mrs Hubble has requested a lease
renewal for a period of 3 years, with two additional one (1) year options.
Esperance Sew’N’Sews is the name of the business operated by Mrs
Hubble, and over the period of her lease her services have been well used by
community members. Mrs Hubble has maintained the property to a reasonable
standard, and a review of financial records represent that Mrs Hubble is
currently up to date with rental payments as at October 2015, and generally
pays invoices in a timely manner. Mrs Hubble has proved to be a good tenant,
and there are no identified reasons that indicate a lease renewal should not be
granted.
The future leasing of the Museum
Village has been extensively discussed and workshopped with Council over the
past month and a position going forward for the next 5 years has been
developed. This has involved clarifying a number of maintenance issues on the
buildings as well as determining a rental structure that is more consistent
with commercial rentals within the town centre.
The Esperance Town Centre Revitalisation Master Plan (ETCRMP)
and the submissions that accompanied the plan were seen as being vital guidance
for Council with regard to the future of leasing in Museum Village. The ETCRMP
was endorsed by Council in April 2015. The ETCRMP indicated that the land
occupied by the Museum Village have alternate uses and that the possible
relocation and re-use options for the Museum Village buildings be evaluated.
The implementation timeframe suggested was short term (within 5 years). This is
consistent with the lease that is proposed for the Old Doctors Surgery for a period of 3 years, with two
additional one (1) year options.
Consultation
Asset Management
Department of Lands
Financial Implications
Current rent (2015) on the Old Doctors Surgery is $3,009.00
p.a. (ex GST). Proposed new rent for this property is $5,926 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 - $ 3,982.00 p.a. (ex GST)
2017 - $ 4,954.00 p.a. (ex GST)
2018 - $ 5,926.00 p.a. (ex GST)
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
the Old Chemist Shop requires maintenance at an estimated value of $3,120.00
over the next 3 years. Approximately $120.00 is specified as immediate works
required which entails changes to the exit door lock so the building can be
opened from the inside.
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
|
a.
|
Request for Renewal of Lease - Old
Chemist Shop - Delcia Hubble
|
|
|
Officer’s Recommendation
That Council agrees to lease to
Delcia Hubble, trading as Esperance Sew’N’Sews the property known
as Old Chemist Shop Museum Village located on a portion of Lot 59 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 3
years from 1 January 2016 with two additional one (1) year options;
3. The rent be; 2016 - $
3,982.00 p.a. (ex GST)
2017
- $ 4,954.00 p.a. (ex GST)
2018
- $ 5,926.00 p.a. (ex GST)
With the remaining 2 years of the
lease to be calculated in accordance with Council Policy COR 004: Building
& Property Leases;
4. That all lease terms and conditions
be as per the current standard Commercial Lease document;
5. Request a valuation for rating
purposes be obtained from the Valuer General and rates be charged for the
term of the lease;
6. Will be advertised in accordance
with Section 3.58 of the Local Government Act 1995 for Disposal of
Property; and
7. Authorises the CEO to execute the
lease in accordance with Section 9.49A of the Local Government Act 1995
for Execution of Documents.
Voting Requirement Simple Majority
|
24 November 2015
Page
145
24 November 2015
Page
146
Item: 12.5.6
Alchera
Homes and Lease with Recherche Aged Welfare Committee
|
Author/s
|
Shane Burge
|
Director Corporate Resources
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D15/27370
Applicant
Recherche Aged Welfare Committee Inc.
Location/Address
Executive Summary
For Council to consider the negotiation outcomes with
Department of Housing and Recherche Aged Welfare Committee over a proposal to
amalgamate Alchera Homes and Brazier Villas.
Recommendation in Brief
That Council
1. Advise
Department of Housing that the Shire of Esperance is still interested in
divesting its interest in Alchera Homes in the future if a resolution with
Recherche Aged Welfare Committee can be obtained over management.
2. Direct
the CEO to negotiate a new lease with Recherche Aged Welfare Committee over
Alchera Homes along the same terms as the previous lease, expiring in 2024 and
bring the draft lease back to Council for endorsement.
3. Reconfirms
that Alchera Homes and Brazier Villas are not on the Shire’s Building
Asset Management Plans for maintenance or renewal.
Background
The Shire of Esperance currently holds tenure for Lot
893 through a Crown Grant in trust for the purpose of Aged Peoples Homes. There
are two separate developments of aged peoples units that have been developed on
the site.
As the above site plan indicates the improvements on
the site consist of:
· Alchera Homes- 18 x 1 bedroom units
developed in stages through the 1980’s via donations, the fundraising
efforts of RAWC and self supporting loans.
· Brazier Villas- 11 units (7 x 2 bed
& 4 x 1 bed) developed in 1996 via a joint venture agreement between the
Shire (contributed land), Department of Housing (capital funding and
construction) and RAWC (facilities management).
The Recherche Aged Welfare Committee Inc is a not for
profit incorporated body who separately operate the two aged care facilities on
Esperance Lot 893 through two separate arrangements.
· Alchera Homes lot has been leased by
the Shire to the RAWC since 1978, the current lease expired on the 1st
January 2014 and is currently on hold-over provisions pending the outcome of
the amalgamation investigations.
· Brazier Villas currently has a Joint
Venture Agreement between the Shire, Dept of Housing and RAWC that will expire
in 2024.
During 2010 the RAWC
sought a self supporting loan from Council for $350,000 to upgrade the 12
oldest units to include additional living areas. The amount outstanding on the
self supporting loan at the 1/7/2015 was $304,618.
The Shires involvement in
Alchera Homes has been purely on lease terms only over the past 35 years. The
daily operations and management of Alchera Homes is done solely by RAWC. No
money or maintenance has been provided on Alchera Homes apart from the self
supporting loans that were mentioned earlier. Shires involvement in Brazier
Villas also came about by the Shire having control of the land through a Crown
Grant in Trust. The value of the land gave the Shire a 27.54% stake in the
Joint Venture arrangement with DOH.
During
2010 the RAWC requested the Shire to assist the group commence negotiations
with DOH to become a partner in Alchera Homes to enable the existing two
operations to merge. The sticking point in 2010 was that the DOH had a policy
to deal only with Community Housing Organisations, this position has been
somewhat relaxed and the DOH is now open to discuss the amalgamation concept.
Although the RAWC manage
both Alchera Homes and Brazier Villas, due to the joint venture agreement with
Dept of Housing there is a requirement for the RAWC to maintain two sets of
financial statements separately for the two complex’s. RAWC collect
weekly rental from the units to be used for maintenance and in the case of
Alchera Homes to also assist in paying the self supporting loan.
RAWC was keen to access the maintenance fund that has been
established and built up from rents on the Brazier Villas, for improvements on
the Alchera Homes. This is not possible under the current joint venture
agreement which restricts spending on maintenance to the Brazier Villas only. To overcome the issues as
outlined above, the change in DOH position on management and considering the
lease on Alchera was nearly expired, Council considered the future of Alchera
Homes and Brazier Villas at the Ordinary Council Meeting in August 2013 with
the following resolution:
“Moved: Cr
Bowman
Seconded: Cr Stewart
O0813-001
Council
Resolution
That Council-
1. Request the
CEO to commence negotiations with the Dept of Housing and the
Recherche Aged Welfare Committee over amalgamating Alchera Homes and Brazier
Villas.
2. Would
consider transferring ownership of both Alchera Homes and Lot 893 to
achieve an amalgamation of Alchera Homes and Brazier Villas provided the
following can be achieved-
a) Lot 893 is continued to be
used for aged person’s homes.
b) Recherche Aged Welfare
Committee continues to be the property management agency for both Alchera Homes
and Brazier Villas.
c) The self supporting loan
that was used to fund upgrades to Alchera Homes is secured.
3. Request the
details of any arrangement to be brought back to Council for final endorsement.
CARRIED
F7 - A0”
Since that time Department of Housing has been
conducting due diligence on Alchera Homes and working through a number of
issues and concerns with Recherche Aged Welfare Committee.
Officer’s Comment
DOH
has certain legislative and policy obligations including tenant selection and
accommodation must be for eligible tenants, ie tenants having no other land
assets, limited cash assets and rent that is structured around 25-30% of net
income etc. These policies have been a concern for RAWC and the residents of
Alchera Homes as well as the potential of another management organisation being
appointed from outside of Esperance.
RAWC
also point out that Alchera Homes do fill a gap within the community for aged
person housing for those people who do not meet the eligibility requirements
from Dept of Housing yet still cannot afford to purchase their own property or
pay market rental.
RAWC
has advised (see attached) the Shire that amalgamation of Alchera and Brazier
Units is not their preferred option and that they would like to continue in the
same manner as previous. This would mean the Shire would need to enter into a
new lease with RAWC over the Alchera Units. Nothing would need to change with
Brazier units as the current Joint Venture Arrangement will continue until
2024.
Department
of Housing continue to be interested in taking over the Shire’s interest
in both Alchera Homes and Brazier Villas however they note there are still a
number of issues to be resolved with RAWC and will not be taking further action
until these matters are resolved.
Future asset management
implications for the replacement or maintenance of the ageing buildings is a
substantial financial risk for the Shire of Esperance. The replacement cost for
these buildings is detailed within the asset management implications of this
report. The buildings are currently excluded from the buildings asset
management plans meaning that there is no intention of the Shire funding
maintenance or future replacement. As the buildings age and regulations change,
the maintenance requirements will increase placing further pressure on rents
which are currently covering maintenance and loan repayments.
Over the years the Shire of Esperance has had very
little direct involvement with the management of the aged persons
accommodation. The RAWC have proved to be a reliable and responsible manager of
Alchera Homes and more recently with Brazier Villas.
Council have a number of options in relation to this
matter are as follows-
1. Relinquish
the Shire’s interest in Brazier Villas to Department of Housing and
negotiate with RAWC to take over ownership and vesting of the Alchera Homes.
2. Shire
relinquish interest in Brazier Villas to Department of Housing and then lease
Alchera homes to RAWC.
3. Relinquish
all interest and control for both Alchera Homes and Brazier Villas to Department
of Housing.
4. Continue
as was the previous arrangement with Alchera Homes and negotiate a new lease
with RAWC whilst negotiations continue with Dept of Housing.
Although housing is not a core business for the Shire
of Esperance and the Department of Housing is a more appropriate organisation
to manage social housing, the aged persons units are a valuable asset to the
community with Alchera Homes filling a need that is not currently delivered by
social housing. Until a long term resolution can be found it may be prudent for
the Shire to enter into another lease with RAWC over Alchera Homes. As the
current Joint Venture agreement expires in 2024 with Brazier Villas it is
recommended to align the lease expiry date on Alchera Homes so this issue can
again be reviewed at that time.
Consultation
Recherche Aged Welfare Committee
Department of Housing
Asset Management Implications
The replacement cost for the Shires
share (27.54%) in Brazier Villas is $598,169 with a current fair value of
$346,630.
The replacement cost for the Alchera
Units is $2,800,000 with a current fair value of $727,005.
The units are not included in the Shire’s building
asset management plans for replacement or maintenance.
Strategic Implications
Strategic Community Plan 2012-2022
Social
Strategy 1.4 Encourage and support volunteers and community
groups.
Economic
Strategy 3.5 Maintain the Shires robust asset management
practices and maintenance programs
Strategy 3.7 Build skills, capacity and partnership across
the whole community to work towards a self sustaining Shire.
Corporate Business Plan 2013/2014 – 2016/2017
Action 4.5.12 Manage Shire leases and insurances
Attachments
|
a.
|
RAWC Position on Alchera Homes
|
|
|
b.
|
DOH Position on Alchera Homes
|
|
|
C.
|
RAWC Additional Information
|
|
|
Officer’s Recommendation
That Council-
1. Advise
Department of Housing that the Shire of Esperance is still interested in
divesting its interest in Alchera Homes in the future if a resolution with
Recherche Aged Welfare Committee can be obtained over management.
2. Direct
the CEO to negotiate a new lease with Recherche Aged Welfare Committee over
Alchera Homes along the same terms as the previous lease, expiring in 2024
and bring the draft lease back to Council for endorsement.
3. Reconfirms
that Alchera Homes and Brazier Villas are not on the Shire’s Building
Asset Management Plans for maintenance or renewal.
Voting Requirement Simple
Majority
|
24 November 2015
Page
151
24 November 2015
Page
153
24 November 2015
Page
156
Item: 12.5.7
Proposed
Communications Tower - Pink Lake
|
Author/s
|
Jennifer Parry
|
Manager Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D15/26434
Applicant
Pink Lake Golf and Country Club
Location/Address
Reserve 34829, Lot 303 Nicholson
Drive, Pink Lake
Executive Summary
For Council to consider providing in-principle support
for the erection of a communications tower on Reserve 34829 which is currently
leased to Pink Lake Golf and Country Club (PLGCC).
Recommendation in Brief
That Council provides in-principle support to PLGCC to
enable them to negotiate further with Optus Mobile Ltd.
Background
Daly International Pty Ltd, on behalf of Optus Mobile
Ltd, contacted PLGCC earlier in this month with regard to whether PLGCC would
be interested in entering into discussions about the opportunity for Optus to
lease on an area of land approximately 12m x 8m on land currently occupied by
the PLGCC.
Officer’s Comment
At this early stage Daly International are unaware that
the land is a Reserve with a Management Order to the Shire of Esperance. For
the matter to proceed further there are many issues to be addressed.
Some issues would be Department of Land approval for
either a change in Purpose of the Management Order to include Communication
Facility or the excision of a portion of the current Reserve and the creation
of an additional Reserve specific to the facility. All relevant planning and
building approvals would need to be obtained along with any relevant advertising.
Once any preferred location of a tower is identified then further analysis on
land tenure can then be investigated further.
Despite a number of hurdles to be crossed, PLGCC would like
to pursue the proposal further with Daly International Pty Ltd, so have
requested the in-principle support of the Shire in this early stage as the
controlling entity of the property.
Consultation
Statutory Division
Department of Lands
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
4.5.12 Manage Shire leases and insurance
Attachments
|
a.
|
Letter of support from Pink Lake
Golf Club & Proposal from Optus Mobile Ltd to lease land for mobile
antenna - Pink Lake Golf Club
|
|
|
Officer’s Recommendation
That Council
1. Provide
in-principle support to Pink Lake Golf and Country Club to enable them to
negotiate further with Optus Mobile Ltd regarding the installation of a
mobile antenna on Reserve 34829; and
2. Advise
Pink Lake Golf and Country Club that all State Government, Local Government
& Statutory approvals are required prior to any formal agreement being
put in place.
Voting Requirement Simple Majority
|
24 November 2015
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158
24 November 2015
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160
Item: 12.5.8
Policies
Review - COR 007: Procurement Policy
|
Author/s
|
Rebecca Warren
|
Administration Officer
|
|
|
Jennifer Parry
|
Manager Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D15/27158
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to consider the amendment to COR 007:
Procurement Policy.
Recommendation in Brief
That Council adopt amendments to Policy COR 007:
Procurement Policy.
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 requirement under the Act to conduct a tender
process for purchasing exceeding $100,000 was amended to $150,000.
Modifications were made to the Procurement Policy in order to reflect the
amendment to the Act.
The amended policy was presented to Council at the Ordinary
Council Meeting held 27 October 2015 with the decision reached to not endorse
the COR 007:
Procurement Policy as
put forward, but requiring further discussion to the conditions for purchases
between $100,000 and $150,000.
Officer’s Comment
This matter has been workshopped with Council resulting in
changes to the requirements for purchases between $100,000 and $150,000.
The new requirement is that for all purchases between
$100,000 and $150,000 at least three (3) written quotations be obtained
containing price and specification of goods and services sought.
The Policy has been amended to reflect these changes, as
outlined in attachment A.
Consultation
Council
Directors
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
Policy Implications
COR 007: Procurement Policy
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.
|
COR 007: Procurement Policy
|
|
|
Officer’s Recommendation
That Council adopt amendments to
Policy COR 007: Procurement Policy.
Voting Requirement Simple Majority
|
24 November 2015
Page
162
24 November 2015
Page
169
Item: 12.5.9
Financial
Services Report - October 2015
|
Author/s
|
Beth O'Callaghan
|
Manager Financial Services
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D15/27658
Attachments
|
a.
|
Monthly Financial Report - October
2015
|
|
|
Officer’s Recommendation
That the report entitled Monthly
Financial Management Report (incorporating the Statement of Financial
Activity) for the month of October as attached be received.
Voting Requirement Simple Majority
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24 November 2015
Page
170
24 November 2015
Page
188
24 November 2015
Page
191
24 November 2015
Page
193
24 November 2015
Page
195
24 November 2015
Page
198
24 November 2015
Page
228
24 November 2015
Page
230
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: D15/27530
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
|
24 November 2015
Page
232
24 November 2015
Page
233
Item: 12.6.2
Information
Bulletin - November 2015
|
Author/s
|
Sarah Fitzgerald
|
Administation Officer
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D15/27633
Attachments
|
a.
|
Information Bulletin - November
2015
|
|
|
b.
|
Certificate of Appreciation - BOICO
|
|
|
c.
|
Register - Delegations Discharge
– Corporate Resources
|
|
|
d.
|
Minutes – GVROC Council
Meeting - 8 October 2015 - Under Separate Cover
|
|
|
e.
|
Minutes – GVROC Council
Meeting - 6 November 2015 - Under Separate Cover
|
|
|
f.
|
Interplan Report - October 2015
- Under Separate Cover
|
|
|
Officer’s Recommendation
That Council accept the Information
Bulletin for November 2015 including;
1. Certificate
of Appreciation - BOICO
2. Register
- Delegations Discharge – Corporate Resources
3. Minutes
– GVROC Council Meeting - 8 October 2015
4. Interplan
Report - October 2015
Voting Requirement Simple Majority
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24 November 2015
Page
234
Shire of Esperance
INFORMATION BULLETIN
ORDINARY COUNCIL MEETING
24 November 2015
SHIRE OF
ESPERANCE
Index
SHIRE OF ESPERANCE
1 Asset Management 4
1.1 Grading
Report 4
2 Statutory
Division 5
24 November 2015
Page
236
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
06/10/2015
15870
Brad Jones Construction 13341 Lot:
352 D: 87399 New
Building Deck Concrete
1 78.0
24
Corry Street 20
Hockey Place
ESPERANCE
WA 6450 WEST
BEACH
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
27/10/2015
16165
A O Brett Lot:
426 Pln: 54744 New
Building Garage/Shed Steel Steel Concrete
1
158.0
18,950.00
Lot
426 Mayfield Place Mayfield
Place
PINK
LAKE WA 6450 PINK
LAKE
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
29/10/2015
16176
M J Creedon S/L:
5 S/P: 27532 New
Building Patio Not Other Timber
1
17.0
2,000.00
114
Dempster Street 4/114
Dempster Street Specified
ESPERANCE
WA 6450 ESPERANCE
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
12/10/2015
16184
Co‑operative Bulk Handling Ltd 13653 Lot:
15 Pln: 22892 New
Building Other Structure Steel Steel Concrete
2
17500.0 223,700.00
Gayfer
House, 30 Delhi St 169
Harbour Road
WEST
PERTH WA 6005 CHADWICK
13/10/2015
16185
P J Girando Lot:
93 Pln: 214619 New
Building Patio Not Steel Concrete
1
70.0
7,500.00
Address
Unknown 1
Overheu Street Specified
CONDINGUP
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
06/10/2015
16189
Wrinkly Tin & Cladding Company Lot:
7 Pln: 9823 New
Building Retaining Wall Concrete or Concrete Concrete
1
6,500.00
Pty
Ltd 44
Crossland Street stone or
slate
3
Corry Street ESPERANCE (slab)
ESPERANCE WA 6450
12/10/2015
16191
Vermey Building Company 10647 Lot:
122 D: 36808 New
Building Retail Building Fibre
Steel Concrete
1
472.0 300,000.00
25
Butler Street 69
Norseman Road Cement
CASTLETOWN
WA 6450 CASTLETOWN
30/10/2015
16191
Vermey Building Company 10647 Lot:
122 D: 36808 New
Building Retail Building Fibre
Steel Concrete
1
472.0
25
Butler Street 69
Norseman Road Cement
CASTLETOWN
WA 6450 CASTLETOWN
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
05/10/2015
16193
WA Country Builders 11422 Lot:
41 Pln: 9425 New
Building Dwelling ‑ Single Brick,
Steel Concrete
1
296.0 354,000.00
21 Backland Street 96‑102
Stirling Terrace 2
Valentine Way veneer
SINCLAIR WA 6450 ALBANY
WA 6330 SINCLAIR
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
08/10/2015
16194
Crossview Enterprises Pty Ltd Lot:
439 Pln: 12823 Demolition Factory/Workshop Steel Steel Concrete
1
5,000.00
Address
Unknown 10
Simpson Street
CHADWICK
07/10/2015
16196
KJ Norton Building Company Lot:
172 Pln: 50251 New
Building Garage/Shed Steel Steel Concrete
1
25.0
9,800.00
5
Kiwi Close Esperance WA 6450 8
Barrier Court
CASTLETOWN
07/10/2015
16197
W E Heron Lot:
122 Pln: 57159 New
Building Patio Not Steel Timber
1
39.0
12,000.00
4
Cloud Street Specified
CASTLETOWN
WA 6450 CASTLETOWN
06/10/2015
16198
J Beattie Lot:
216 Pln: 69443 New
Building Garage/Shed Steel Steel Concrete
1
54.0
9,700.00
20A
Birch Street 45
Thistle Avenue
ESPERANCE
WA 6450 BANDY
CREEK
07/10/2015
16199
T J Smith Lot:
453 Pln: 12823 Alterations Factory/Workshop Steel Steel Concrete
1
103.0
7,300.00
19 Hockey Place
5
Hill Street
WEST
BEACH WA 6450 CHADWICK
22/10/2015
16200
G M Johnston Lot:
52 D: 99949 Conversions Dwelling
‑ 1
1,000.00
Lot
52 Twilight Beach Road 297
Twilight Beach Road Temporary
WEST
BEACH WA 6450 WEST
BEACH Accommodation
28/10/2015
16201 B
A Tyrrell Lot:
486 D: 60485 New
Building Garage/Shed Steel Steel Concrete
1
36.0
3,300.00
2
Blackboy Close 12
Hill Street
CASTLETOWN
WA 6450 CHADWICK
13/10/2015
16202
C A Edwards Lot:
13 Pln: 2275 New
Building Garage/Shed Steel Steel Concrete
1
30.0
7,000.00
21
Downes Street 21
Downes Street
PINK
LAKE WA 6450 PINK
LAKE
12/10/2015
16203
Wrinkly Tin & Cladding Company Lot:
96 Pln: 222408 Demolition Dwelling
‑ Single 1
20,000.00
Pty
Ltd 40
Dempster Street
3
Corry Street ESPERANCE
ESPERANCE WA 6450
12/10/2015
16204
No Slope Carpentry Services Pty Lot:
88 Pln: 9425 Demolition Garage/Shed Fibre
Fibre Not
1
1,485.00
Ltd 2
Milner Street Cement Cement Specified
56
Orana Drive SINCLAIR
MYRUP
WA 6450
12/10/2015
16205
Maguire (WA) Pty Ltd 13090 Lot:
212 Pln: 69443 New
Building Garage/Shed Steel Steel Concrete
1
96.0 29,209.00
22B
Andrew Street 73
Walmsley Street
ESPERANCE
WA 6450 BANDY
CREEK
23/10/2015
16206 Fleetwood
Pty ltd 14096 Lot:
2 D: 89346 New
Building Hostel/Boarding Other Steel Timber
1
270.0 168,973.00
1202
Abernethy St 6842 1,802
Parmango Road House
Perth
Airport 6842 HOWICK
23/10/2015
16208 T
Ietto Lot:
34 Pln: 2275 Conversions Dwelling
‑ Ancillary 1
1,000.00
PO
Box 29 34
Princess Street Accommodation
GRASS
PATCH WA 6446 PINK
LAKE
23/10/2015
16209 T
Ietto Lot:
116 Pln: 40414 Conversions Dwelling
‑ Ancillary 1
1,000.00
PO
Box 29 33
Ormonde Street Accommodation
GRASS
PATCH WA 6446 BANDY
CREEK
21/10/2015
16211
Trac Projects Pty Ltd 14269 Lot:
73 Pln: 8296 New
Building Dwelling ‑ Group Timber Steel Concrete
5
497.0 615,000.00
P
O Box 572 4
Leake Street
PO Box 572 ESPERANCE
WA 6450 ESPERANCE
ESPERANCE WA 6450
Building Licences
Approval Licence Name
& Address of Owner Builder
Name & Address Reg No Situation
of Building Type of Work Type of
Building Materials Roof Main
No
of Floor
Cost
$
Date Number of
External Covering Material of Buildings Area
Excluding
Walls Floor Sq.M Land
29/10/2015
16213 Glen
Echo Pty Ltd 9556 Lot:
2001 Pln: 29799 New
Building Industrial Building Steel Steel Concrete
1
1.0 6,000.00
4
Hill Street 15
Hill Street
CHADWICK
WA 6450 CHADWICK
28/10/2015
16215 R
M Rollond S/L:
2 S/P: 26470 New
Building Garage/Shed Steel Steel Concrete
1
36.0
3,500.00
134B
Easton Road 134B
Easton Road
CASTLETOWN
WA 6450 CASTLETOWN
28/10/2015
16216
MT Sheds (WA) Pty Ltd S1044 Lot:
181 Pln: 57159 New
Building Garage/Shed Steel Steel Concrete
1
63.0 18,000.00
3
North Road 67
Mondrain Avenue
CASTLETOWN
WA 6450 CASTLETOWN
22/10/2015
16217
A Young Lot:
825 D: 99372 New
Building Occupancy Permit ‑ 1
Lot
6 Hicks Street 7A
Woods Street CHADWICK Classes
2‑9
ESPERANCE
WA 6450
Total
number of Building Licences:
34 $3,551,247.00
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
12/10/2015
16181 Dixon
Construction Lot:
44 D: 49085 Alterations Other
Structure Other Concrete
1
2,500.00
71
The Esplanade 4
Laurel Court
ESPERANCE
WA 6450 WEST
BEACH
Alterations Patio Other Concrete
1
2,500.00
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
27/10/2015
16207 J
M Plane Lot:
235 Pln: 11336 New
Building Patio Not Not
Not 1
1,000.00
15
Chestnut Street 15
Chestnut Street Specified Specified Specified
CASTLETOWN
WA 6450 CASTLETOWN
27/10/2015
16219 Ryan
Dixon PTY LTD T/A Dixon 14605 Lot:
1 D: 29143 Alterations Deck Timber
1
2,000.00
Construction 36
Westmacott Street
The
Esplanade CASTLETOWN
Esperance WA 6450
Total
number of Building Approval Certificates (Unauthorised Structures):
4 $18,000.00
Total number of
Licences/Certificates Reported:
38 $3,569,247.00
I certify to the best of
my knowledge and belief, the particulars given in this return are a true and
complete record of proposed building operations known to this local authority.
Signature
...........................................
Date ...........................................
(Manager Building Services)
24 November 2015
Page
247
24 November 2015
Page
248
24 November 2015
Page
250
Item: 12.6.3
2014-2015
Annual Report
|
Author/s
|
Karen Naylor
|
Project Reporting Officer
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D15/26397
Applicant
Internal
Executive Summary
To present to Council for acceptance the 2014 - 2015 Annual
Report and to set a date and time for the Shire’s Annual General Meeting
of Electors.
Recommendation in Brief
That Council:
1. Accepts
the 2014 - 2015 Annual Report as presented.
2. Convenes
the annual general meeting of electors for 7pm Thursday 17th
December at the Esperance Civic Centre.
3. Requests
that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local
Government Act 1995, provide the requisite statutory local public notice of
the acceptance of the 2014 - 2015 Annual Report and the time and date of the
annual general meeting of electors.
Background
Pursuant to sections of 5.53 and 5.54 of the Local
Government Act 1995, the Shire is required to prepare an Annual Report and
present it to Council for acceptance by 31st December of each
calendar year.
Furthermore, section 5.57 of the Local Government Act 1995
stipulates that a general meeting of electors is to be held once every
financial year but not more than 56 days after the local government accepts the
Annual Report for the previous financial year.
A significant proportion of the Annual Report are the Annual
Financial Statements and Associated Notes. A meeting of the Audit Committee was
convened on the 10th November 2015 at 4.00pm, no issues were raised
and the Audit Committee endorsed the audited 2014 - 2015 Financial Statements
and Associated Notes.
Officer’s Comment
A copy of the 2014 - 2015 Annual Report has been distributed
under separate cover for the consideration of Elected Members. The Annual
Report includes a full copy of the endorsed 2014 - 2015 Audit Report.
It is suggested that the annual electors meeting be held on
17th December 2015. To comply with statutory obligations, a minimum of two
weeks notice must be provided to the community regarding the annual electors
meeting once accepted by Council.
Consultation
Chief Executive Officer
Executive Services
Corporate Resources
External Services
Asset Management
Financial Implications
Advertising costs are within the Council Connections budget.
Statutory Implications
The statutory implications associated with this item are
sections 5.27; 5.29; 5.53; 5.54 and 5.55 of the Local Government Act 1995.
Strategic Implications
Strategic Community Plan 2012-2022
Civic Leadership
Strategy 4.3 Ensure open and
consistent communication between the Shire and the community.
Corporate Business Plan 2014/2015 – 2017/2018
Action 4.3.3
Manage Corporate Reporting
Attachments
|
a.
|
2014-2015 Annual Report - Final
Version – Under Seperate Cover
|
|
|
Officer’s Recommendation
That Council
1. Accepts
the 2014-2015 Annual Report (including the 2014-15 Annual Financial
Statements and Associated Notes) as presented.
2. Convenes
the Annual General Meeting of electors for 7pm Thursday
17th December 2015 at the Esperance Civic Centre.
3. Requests
that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local
Government Act 1995, provide the requisite statutory local public notice
of the acceptance of the 2014-2015 Annual Report and the time and date of the
annual general meeting of electors.
Voting Requirement Simple Majority
|
24 November 2015 Page
252
13. Reports Of Committees
Nil
14. Motions of which Notice has been Given
Nil
15. MEMBERS QUESTIONS WITH OR WITHOUT
NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
17. MATTERS BEHIND CLOSED DOORS
Officer’s Comment:
It
is recommended that the meeting is behind closed doors for the following item,
in accordance with section 5.23(2) of the Local Government Act 1995.
Item: 17.1
Tender
05-15 Construction of Depot Administration Building & Pound Building
Confidential
Item
This report is considered
confidential in accordance with the Local Government Act 1995, as it relates to
a contract entered into, or which may be entered into, by the local government
and which relates to a matter to be discussed at the meeting (Section
5.23(2)(c)).
18. PUBLIC QUESTION TIME
19. CLOSURE
A list
of delegated authority approvals for development and subdivision applications
is to be included in each monthly agenda of the All Purpose Committee meeting.
‘development’ means the development
or use of any land, including—
(a) any
demolition, erection, construction, alteration of or addition to any building
or structure on the land;
(b) the
carrying out on the land of any excavation or other works;
(c) in
the case of a place to which a Conservation Order made under section 59 of the Heritage
of Western Australia Act 1990 applies, any act or thing that—
(i) is
likely to change the character of that place or the external appearance of any
building; or
(ii) would
constitute an irreversible alteration of the fabric of any building;
A list
of delegated authority approvals for development and subdivision applications
is to be included in each monthly agenda of the All Purpose Committee Meeting.
