Ordinary Council: Agenda

27 January 2016                                                                                                                            Page 1

 

 

 

 

 

 

 

14 January 2016

 

 

 

 

 

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 19 January 2015 commencing at 1pm to brief Council on the matters set out in the attached agenda.

 

An Ordinary Council meeting of the Shire of Esperance will be held at Council Chambers on 27 January 2016 commencing at 4pm to consider the matters set out in the attached agenda.

 

W M (Matthew) Scott

Chief Executive Officer

 


Ordinary Council: Agenda

27 January 2016                                                                                                                            Page 2

 

 

 

 

 

 

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.

 

 


Ordinary Council: Agenda

27 January 2016                                                                                                                            Page 3

 

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

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

Agenda Briefing ¨            Ordinary Council Meeting ¨                    Both Meetings  ¨

Name of Person Declaring the Interest:

Position:                                                             Date of Meeting:

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

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

 

Signature:                                                                   Date:

Office Use Only:

Entered into interest Register:                                            

                                                                          Officer                                          Date

 

 


Ordinary Council: Agenda

27 January 2016                                                                                                                            Page 4

 

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

 

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4.  If in doubt declare.

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

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

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

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

 

 

 

 

 

 

 

 

Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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


 

 

 

 

 

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

 

 


Ordinary Council: Agenda

27 January 2016                                                                                                                            Page 7

 

 

 

TABLE OF CONTENTS

 

 

1.         OFFICIAL OPENING   9

2.         ATTENDANCE  9

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  9

4.         APPLICATIONS FOR LEAVE OF ABSENCE  9

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   9

6.         DECLARATION OF MEMBERS INTERESTS  9

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

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

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

7.         PUBLIC QUESTION TIME  10

8.         PUBLIC ADDRESSES / DEPUTATIONS  10

9.         Petitions  10

Nil

10.      CONFIRMATION OF MINUTES  10

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   11

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  11

12.1   External Services - Statutory Division   11

12.1.1    Local Planning Scheme No. 23 - Amendment No. 20  11

12.1.2    Adoption of Revised Local Planning Policy - Outbuildings  25

12.1.3    Proposed Modifications to Outline Development Plan - Lot 25 Keenan Road, Lot 770 Spencer Road, and Lot 9002 Eleven Mile Beach Road, Pink Lake  35

12.1.4    Proposed Road Closure - Portion of Road Reserve adjoining Lot 606 Doak Place, Castletown  52

12.1.5    Proposed Road Closure - Landfill Road, Bandy Creek  58

12.2   External Services - Commercial Division   64

Nil

12.3   External Service - Community Division   64

Nil

12.4   Asset Management  65

12.4.1    2015 Asset Management Strategy  65

12.4.2    General Asset Management Plan  69

12.4.3    Asset Management Plan - Stormwater Drainage 2015  71

12.5   Corporate Resources  74

12.5.1    Debt Write-Off - Debtor # 3883  74

12.5.2    Financial Services Report - December 2015  76

12.6   Executive Services  148

12.6.1    Information Bulletin - January 2016  148

13.      Reports Of Committees  171

13.1   Minutes of the Audit Committee  171

14.      Motions of which Notice has been Given   179

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  179

16.      URGENT BUSINESS APPROVED BY DECISION   179

17.      MATTERS BEHIND CLOSED DOORS  179

17.1   Tender 09-15 Construction of Depot Administration Building  179

17.2   RFQ 13-15 Replacement of a Grader 179

17.3   RFQ 17-15 Replacement of a Prime Mover 179

17.4   RFQ 18-15 Replacement of an End Tipper 179

17.5   RFQ 20-15 Replacement of a Light Truck  180

17.6   RFQ 29-15 Replacement of a Low Loader 180

17.7   Sale of Vacant Land - 6 Adelaide Close  180

17.8   Proposed Lease - Lot 47 Shark Lake Road Monjingup - Shark Lake Industrial Park  180

18.      PUBLIC QUESTION TIME  180

19.      CLOSURE  180

 

 


Ordinary Council: Agenda

27 January 2016                                                                                                                            Page 9

 

 

SHIRE OF ESPERANCE

 

AGENDA

 

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON
27 January 2016

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

That the Minutes of the Ordinary Council Meeting of the 15 December 2015, and the Special Council Meeting of the 22 December 2015 be confirmed as true and correct records.

Voting Requirement                       Simple Majority

 

 

11.     DELEGATES’ REPORTS WITHOUT DISCUSSION


12.     MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1   External Services - Statutory Division

Item: 12.1.1  

Local Planning Scheme No. 23 - Amendment No. 20

Author/s

Richard Hindley

Executive Manager - Statutory Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D15/31341

 

Applicant

Internal

 

Location/Address

Various

 

Executive Summary

For Council to consider initiating Amendment No. 20 to Local Planning Scheme No. 23 to introduce controls for second-hand dwellings into the Scheme by incorporating new clauses.

 

Recommendation in Brief

That Council initiate Amendment No. 20 to Local Planning Scheme No. 23.

 

Background

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

The introduction of the Planning and Development (Local Planning Schemes) Regulations 2015 changed the exemptions that apply to development. One of these changes was to exempt second-hand (or relocated) dwellings from planning approval as they fall under the definition of a dwelling.

The Department of Planning has advised that this approach has now been amended and that Scheme controls can be put in place to control this form of development.

 

Officer’s Comment

This amendment allows development control for second-hand dwellings to be reintroduced into the Scheme. This control was previously provided through a local planning policy.

With the introduction of the Planning and Development (Local Planning Schemes) Regulations 2015 a second-hand dwelling was considered to be a form of dwelling and thus exempt from development approval when all applicable R-Code standards have been met.

This resulted in a response from a number of local governments as well as planners in the private sector objecting to the exemption of this form of development. Lobbying of the Department of Planning based on the potential amenity issues related to this form of development has resulted in the Department foreshadowing the introduction of the capacity to regulate this land use.

To give development control a scheme amendment is required to insert the land use definition of ‘second-hand dwelling’ and to determine the permissibility of the use through the zoning table.

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

 

 

Consultation

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

 

Financial Implications

Nil

 

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

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

a.

Local Planning Scheme No. 23 - Amendment No. 20

 

 

 

Officer’s Recommendation

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

1.   Initiate Local Planning Scheme No. 23 – Amendment No. 20

2.   Amend Local Planning Scheme No. 23 by:

I. Inserting ‘Second-hand Dwelling’ as a use into Table No. 1 – Zoning and Land  Use Table as a ‘D’ use within the Residential, Country Town, Rural  Residential, Rural Smallholdings and Agriculture General zones, and as an ‘X’ use within all other zones.

II.  Amending the Scheme by inserting the following clause into Part 5:

5.24 Second-hand Dwelling Requirements

5.24.1   Notwithstanding any other requirement of the Scheme, all Second-hand dwellings require the planning approval of the local government.

5.24.2   Where a Second-hand dwelling use is proposed it shall comply with the following:

a)    A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

b)    All asbestos roofs are to be removed prior to relocation irrespective of condition.

c)    Within the residential zone, if 50% or more of the existing dwellings within ten (10) lots on either side and on both sides of the road of a subject site have external walls of brick, then the dwelling to be located on the site is to be substantially brick veneered. If a corner site is involved, the calculation will be based on the longer street.  If an upgrading of external building materials is necessary, the proposed treatment must be fully detailed on the application.

d)    If a brick veneer condition is not imposed, then the void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials.

e)    Regardless of external wall materials, all roofs over the main portion of the dwelling are to have a pitch of 10º or greater.

5.24.3   When considering an application for planning approval for a second-hand dwelling, the local government may impose conditions concerning:

a)    The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

b)    The provision of landscaping and/or screening of the building and/or site; and

c)    The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

5.24.4   Where the provision of a bond or bank guarantee is required, the Local Government shall refund the payment upon satisfactory completion of the necessary works.

III. Inserting the definition of ‘Second-hand Dwelling’ into Schedule 1 as: means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does not include a new modular or transportable dwelling;

3.   Under Regulation 35(2)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 determine that Amendment No. 20 is a standard amendment as under Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015 it is not a complex or basic amendment.

4.   Refer Amendment No. 20 to the EPA under Section 81 of the Planning and Development Act 2005.

Voting Requirement                                          Simple Majority

 


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27 January 2016                                                                                                                          Page 14

 

 

 

 

 

 

Shire Logo EPS2
 

 

 

 

 

 

 

 

 

 

 

 


SHIRE OF ESPERANCE

 

LOCAL PLANNING SCHEME NO. 23

 

AMENDMENT NO. 20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


PLANNING AND DEVELOPMENT ACT 2005

 

RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME

 

SHIRE OF ESPERANCE

 

LOCAL PLANNING SCHEME NO. 23

 

AMENDMENT NO. 20

 

Resolved that the local government, in pursuance of Section 75 of the Planning and Development Act, 2005 amend the above local planning scheme by;

 

1.   Inserting ‘Second-hand Dwelling’ as a use into Table No. 1 – Zoning and Land  Use Table as a ‘D’ use within the Residential, Country Town, Rural  Residential, Rural Smallholdings and Agriculture General zones, and as an ‘X’ use within all other zones.

2.         Amending the Scheme by inserting the following clause into Part 5:

5.24  Second-hand Dwelling Requirements

 

5.24.1      Notwithstanding any other requirement of the Scheme, all Second-hand dwellings require the planning approval of the local government.

 

5.24.2      Where a Second-hand dwelling use is proposed it shall comply with the following:

 

a)   A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

b)   All asbestos roofs are to be removed prior to relocation irrespective of condition.

c)   Within the residential zone, if 50% or more of the existing dwellings within ten (10) lots on either side and on both sides of the road of a subject site have external walls of brick, then the dwelling to be located on the site is to be substantially brick veneered. If a corner site is involved, the calculation will be based on the longer street.  If an upgrading of external building materials is necessary, the proposed treatment must be fully detailed on the application.

d)   If a brick veneer condition is not imposed, then the void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials.

e)   Regardless of external wall materials, all roofs over the main portion of the dwelling are to have a pitch of 10º or greater.

 

5.24.3      When considering an application for planning approval for a second-hand dwelling, the local government may impose conditions concerning:

 

a)   The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

b)   The provision of landscaping and/or screening of the building and/or site; and

c)   The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

 

5.24.4      Where the provision of a bond or bank guarantee is required, the Local Government shall refund the payment upon satisfactory completion of the necessary works.

 

3.   Inserting the definition of ‘‘Second-hand Dwelling’ into Schedule 1 as: means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does not include a new modular or transportable dwelling;

 

                                                                       Dated this…………….day of………………2016

 

 

 

 

………………………….………..

CHIEF EXECUTIVE OFFICER


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27 January 2016                                                                                                                          Page 17

 


PROPOSAL TO AMEND A LOCAL PLANNING SCHEME

 

 

LOCAL GOVERNMENT

 

SHIRE OF ESPERANCE

 

 

 

DESCRIPTION OF LOCAL PLANNING SCHEME

 

SHIRE OF ESPERANCE LOCAL PLANNING SCHEME NO. 23

 

 

 

TYPE OF SCHEME

 

DISTRICT SCHEME

 

 

 

SERIAL NO. OF AMENDMENT

 

20

 

 

 

PROPOSAL

 

1.   Inserting ‘Second-hand Dwelling’ as a use into Table No. 1 – Zoning and Land  Use Table as a ‘D’ use within the Residential, Country Town, Rural  Residential, Rural Smallholdings and Agriculture General zones, and as an ‘X’ use within all other zones.

2.   Amending the Scheme by inserting the following clause into Part 5:

5.24  Second-hand Dwelling Requirements

 

5.24.1      Notwithstanding any other requirement of the Scheme, all Second-hand dwellings require the planning approval of the local government.

 

 

5.24.2      Where a Second-hand dwelling use is proposed it shall comply with the following:

 

a)   A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

b)   All asbestos roofs are to be removed prior to relocation irrespective of condition.

c)   Within the residential zone, if 50% or more of the existing dwellings within ten (10) lots on either side and on both sides of the road of a subject site have external walls of brick, then the dwelling to be located on the site is to be substantially brick veneered. If a corner site is involved, the calculation will be based on the longer street.  If an upgrading of external building materials is necessary, the proposed treatment must be fully detailed on the application.

d)   If a brick veneer condition is not imposed, then the void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials.

e)   Regardless of external wall materials, all roofs over the main portion of the dwelling are to have a pitch of 10º or greater.

 

5.24.3      When considering an application for planning approval for a second-hand dwelling, the local government may impose conditions concerning:

 

a)   The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

b)   The provision of landscaping and/or screening of the building and/or site; and

c)   The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

 

5.24.4      Where the provision of a bond or bank guarantee is required, the Local Government shall refund the payment upon satisfactory completion of the necessary works.

 

3.   Inserting the definition of ‘‘Second-hand Dwelling’ into Schedule 1 as: means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does not include a new modular or transportable dwelling;

 

 

 

 

SCHEME AMENDMENT REPORT

 

1.            INTRODUCTION

 

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

 

The introduction of the Planning and Development (Local Planning Schemes) Regulations 2015 changed the exemptions that apply to development. One of these changes was to exempt second hand or relocated dwellings from planning approval as the fall under the definition of a dwelling.

 

The Department of Planning has advised that this approach has now been amended and that Scheme controls can be put in place to control this form of development.

 

 


 

2          AMENDMENT PROPOSALS

 

Local Planning Scheme No. 23 does not contain a use class for a second-hand dwelling. To give development control a scheme amendment is required to insert the land use definition and determining the permissibility of the use through the zoning table.

 

2.1.    Inserting ‘Second-hand Dwelling’ into the Land Use Table

 

It is proposed that ‘Second-hand Dwelling’ added to the Land Use Table as a ‘D’ or Discretionary Use within the Residential, Country Town, Rural  Residential, Rural Smallholdings and Agriculture General zones, and as an ‘X’ use within all other zones.

 

This provision specifies what zones the land use is permitted in.

 

2.2.    Inserting development standard for ‘Second-hand Dwelling’

 

The Shire currently has a Local Planning Policy dealing with second hand transportable dwellings. The following provisions are based on this policy but are structured to be consistent with the new regulations.

 

5.24  Second-hand Dwelling Requirements

 

5.24.1       Where a Second-hand dwelling use is proposed it shall comply with the following:

 

a)   A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

b)   All asbestos roofs are to be removed prior to relocation irrespective of condition.

c)   Within the residential zone, if 50% or more of the existing dwellings within ten (10) lots on either side and on both sides of the road of a subject site have external walls of brick, then the dwelling to be located on the site is to be substantially brick veneered. If a corner site is involved, the calculation will be based on the longer street.  If an upgrading of external building materials is necessary, the proposed treatment must be fully detailed on the application.

d)   If a brick veneer condition is not imposed, then the void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials.

e)   Regardless of external wall materials, all roofs over the main portion of the dwelling are to have a pitch of 10º or greater.

 

5.24.2      When considering an application for planning approval for a second-hand dwelling, the local government may impose conditions concerning:

 

a)   The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

b)   The provision of landscaping and/or screening of the building and/or site; and

c)   The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

 

5.24.3      Where the provision of a bond or bank guarantee is required, the Local Government shall refund the payment upon satisfactory completion of the necessary works.

 

The insertion of this clause into Local Planning Scheme No. 23 will ensure that second-hand dwellings are considered as a class of development within the Scheme and provide the parameters by which it will be assessed.

 

2.3.    Inserting a definition for ‘Second-hand Dwelling’ into Schedule 1.

 

The following definition will also be added to Schedule 1 – Dictionary of Defined Words and Expressions for ‘‘Second-hand Dwelling’ to read as follows: means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does not include a new modular or transportable dwelling;

 

3.       LOCAL PLANNING STRATEGY

 

The proposed amendments are consistent with the Local Planning Strategy.

 

4.         CONCLUSION

 

This amendment assists in maintaining the currency of the Scheme provisions in relation to development control for the use of’ Second-hand Dwelling’.

 

 

 

 

PLANNING AND DEVELOPMENT ACT 2005

 

SHIRE OF ESPERANCE

 

LOCAL PLANNING SCHEME NO. 23

 

AMENDMENT NO. 20

 

 

 

The Esperance Shire Council under and by virtue of the power conferred upon it in that behalf by the Planning and Development Act, 2005, hereby amends the above local planning scheme by:

                  

 

1.   Inserting ‘Second-hand Dwelling’ as a use into Table No. 1 – Zoning and Land  Use Table as a ‘D’ use within the Residential, Country Town, Rural  Residential, Rural Smallholdings and Agriculture General zones, and as an ‘X’ use within all other zones.

2.         Amending the Scheme by inserting the following clause into Part 5:

5.24  Second-hand Dwelling Requirements

 

5.24.1      Notwithstanding any other requirement of the Scheme, all Second-hand dwellings require the planning approval of the local government.

 

5.24.2      Where a Second-hand dwelling use is proposed it shall comply with the following:

 

a)   A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

b)   All asbestos roofs are to be removed prior to relocation irrespective of condition.

c)   Within the residential zone, if 50% or more of the existing dwellings within ten (10) lots on either side and on both sides of the road of a subject site have external walls of brick, then the dwelling to be located on the site is to be substantially brick veneered. If a corner site is involved, the calculation will be based on the longer street.  If an upgrading of external building materials is necessary, the proposed treatment must be fully detailed on the application.

d)   If a brick veneer condition is not imposed, then the void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials.

e)   Regardless of external wall materials, all roofs over the main portion of the dwelling are to have a pitch of 10º or greater.

 

5.24.3      When considering an application for planning approval for a second-hand dwelling, the local government may impose conditions concerning:

 

a)   The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

b)   The provision of landscaping and/or screening of the building and/or site; and

c)   The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

 

5.24.4      Where the provision of a bond or bank guarantee is required, the Local Government shall refund the payment upon satisfactory completion of the necessary works.

 

3.   Inserting the definition of ‘Second-hand Dwelling’ into Schedule 1 as: means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does not include a new modular or transportable dwelling;

a)      


 

ADOPTION

 

 

Adopted by resolution of the Council of the Shire of Esperance at the Ordinary Meeting of the Council held on the ___ day of____________ 2016.

 

 

                                                                                     ................................................

                                                                                     PRESIDENT

 

 

                                                                                     ................................................

                                                                                     CHIEF EXECUTIVE OFFICER

 

 

FINAL APPROVAL

 

 

Adopted by Resolution of the local government of the Shire of Esperance at the meeting of the local government held on the ___ day of _________ 20__, and pursuant to that Resolution the Seal of the Municipality was hereunto affixed in the presence of:

 

 

                                                                                     ................................................

                                                                                     PRESIDENT

 

 

                                                                                     ................................................

                                                                                     CHIEF EXECUTIVE OFFICER

 

 

RECOMMENDED/SUBMITTED FOR FINAL APPROVAL

 

 

................................................

DELEGATED UNDER S.16 OF THE

PLANNING AND DEVELOPMENT ACT 2005

 

 

Date...........................................

 

 

FINAL APPROVAL GRANTED

 

 

 

................................................

MINISTER FOR PLANNING

 

 

Date...........................................


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 25

 

Item: 12.1.2  

Adoption of Revised Local Planning Policy - Outbuildings

Author/s

Richard Hindley

Executive Manager - Statutory Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D15/31658

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

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

 

Recommendation in Brief

That Council:

1.  Resolve in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) to proceed with the Local Planning Policy: Outbuildings with one modification as per Attachment A being;

·  In the definition of outbuilding replace the words ‘attached carport’ with ‘carport attached to an enclosed non-habitable structure that is detached from any dwelling.’

2.  Under Clause 7.3.2 of State Planning Policy 3.1 Residential Design Codes (R-Codes) seek approval from the Western Australian Planning Commission for the Local Planning Policy – Outbuildings to be a variation to the deemed-to-comply provisions of the R-Codes; and

3.  Rescind the Council Policy entitled ‘Local Planning Policy: Outbuildings’.

 

Background

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

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

Council considered a revised policy at its October Ordinary Council Meeting where it was resolved (O1015-015):

That Council

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

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

3.       Acknowledge that this policy cannot be applied retrospectively

This policy has been prepared to provide a consistent and easily identifiable approach to dealing with compliance matters and seeks to ensure there is transparency in all dealings.

 

Officer’s Comment

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

 

 

Area

Wall Height

Ridge Height

Policy Standard

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

·     100m2 where lot is greater than 1000m2.

3.6m

4.2m

Maximum Variation

25%

10%

10%

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Although no submissions were received on review of the policy one minor modification is required to clarify what constitutes an outbuilding. The current definition of an outbuilding contains the line:

 

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

 

The referencing of any attached carport bay may be subject to misinterpretation to include any attached carport to a dwelling which is exempt from this policy. The revised wording will be:

 

For the purposes of this policy an Outbuilding is also taken to include any carport attached to an enclosed non-habitable structure that is detached from any dwelling.

 

Consultation

This policy was advertised under Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015. At the close of advertising no submissions had been received.

 

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

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

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

Planning and Development Act 2005

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

 

Policy Implications

This item relates to policy development.

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have due regard to a Local Planning Policy as required under Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

The Council policy that was adopted (this policy) as an interim measure can now be rescinded.

 


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.

Local Planning Policy: Outbuildings

 

 

 

Officer’s Recommendation

That Council:

1.   Resolve in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) to proceed with the Local Planning Policy: Outbuildings with one modification as per Attachment A being;

·  In the definition of outbuilding replace the words ‘attached carport’ with ‘carport attached to an enclosed non-habitable structure that is detached from any dwelling.’

2.   Under Clause 7.3.2 of State Planning Policy 3.1 Residential Design Codes (R-Codes) seek approval from the Western Australian Planning Commission for the Local Planning Policy – Outbuildings to be a variation to the deemed-to-comply provisions of the R-Codes; and

3.   Rescind the Council Policy entitled ‘Local Planning Policy: Outbuildings’.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 29

 

 

Policy Name:

LOCAL PLANNING POLICY: OUTBUILDINGS

Objective:

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

Key Words:

Outbuilding; Outbuildings

Statutory Compliance:

·   Local Planning Scheme No. 23

·   Residential Design Codes

 

Policy Aims:

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

 

Policy Provisions:

 

Definitions

 

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

 

For the purposes of this policy an Outbuilding is also taken to include any carport attached to an enclosed non-habitable structure that is detached from any dwelling.

 

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

 

Reflective Materials:                    any of the following:

·     Zincalume® or similar product

·     Any shiny metallic finish; and

·     White coloured metallic materials.

 

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

 

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

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

           

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

 

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

 


 

Policy Application Area

 

Shire of Esperance

 

Application Information

 

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

 

·    Completed ‘Application for Planning Approval’ form;

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

·    Three (3) copies of the following:

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

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

o Elevations (to scale) of the proposed outbuilding.

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

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

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

 

Exempt Provisions

 

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

 

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

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

 

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

 


 

Development Requirements

 

Ø  Outbuildings in Residential and Future Residential Zones

 

Objective

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

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

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

Permitted Uses of Outbuildings

 

·    Must be for legitimate residential purposes.

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

·    Use of outbuildings for human habitation is not permitted.

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

Setbacks

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

Size

·   Maximum area of outbuilding(s) per lot:

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

100m2 where lot is greater than 1000m2.

·   Maximum wall height – 3.6 metres

·   Maximum ridge height – 4.2 metres

Maximum Variation

·   25% for Site Area

·   10% for Wall or Ridge Height

Consultation

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

 

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

 

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

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

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

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

·    Comments from the affected adjoining landowner’s.

 

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

 

Ø  Outbuildings in Rural-Residential Zone

 

Objective

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

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

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

Permitted Uses of Outbuildings

 

·    Must be for legitimate residential purposes.

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

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

Setbacks

As per provisions of Local Planning Scheme No. 23

Size

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

·   Maximum wall height – 4.5 metres

·   Maximum ridge height – 6.0 metres

Maximum Variation

·   25% for Site Area

·   10% for Wall or Ridge Height

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

Consultation

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

 

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

 

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

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

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

·    Comments from the affected adjoining landowner’s.


 

 

Ø  Outbuildings in Rural Smallholdings and Agriculture-General Zones

 

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

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

 

Objective

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

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

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

Permitted Uses of Outbuildings

 

·    Must be for legitimate residential purposes.

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

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

Setbacks

As per provisions of Local Planning Scheme No. 23

Consultation

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

 

Approval Process

 

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

·    this Local Planning Policy;

·    any other relevant Local Planning Policy or Council policy;

·    Local Planning Scheme No. 23;

·    Residential Design Codes; and

·    any other relevant considerations;

 

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

 

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

 

 

 

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

 

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

 

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


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 35

 

Item: 12.1.3  

Proposed Modifications to Outline Development Plan - Lot 25 Keenan Road, Lot 770 Spencer Road, and Lot 9002 Eleven Mile Beach Road, Pink Lake

Author/s

Peter Wilks

Town Planning Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/268

 

Applicant

Ayton Baesjou Planning on behalf of P J Paxton and Eleven Mile Beach Estate Pty Ltd

 

Location/Address

Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road.

 

Executive Summary

For Council to note the modifications proposed by the Western Australian Planning Commission (WAPC)  to the proposed Outline Development Plan (ODP) for Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road and refer the ODP to the WAPC for final approval.

 

Recommendation in Brief

That Council resolve to note the modifications proposed by the Western Australian Planning Commission (WAPC) to the proposed Outline Development Plan (ODP) for Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road and refer the ODP to the WAPC for final approval.

 

 

Background

Further to the previous Council item of 25 November 2014, where Council granted final approval to the proposed Outline Development Plan (ODP) for Lot 25 Keenan Road, Lot 770 Spencer Road, and Lot 9002 Eleven Mile Beach Road, Pink Lake, the Western Australia Planning Commission (WAPC) resolved to grant final approval to the ODP subject to a number of modifications being made to the document and as a matter of course has requested that the Shire of Esperance formally adopt the modifications.

 

Officer’s Comment

All modifications requested by the WAPC (see Attachment E) have been applied to the documentation by the applicant (see Attachments A through D). The modified documentation requires the approval of Council prior to being resubmitted to the WAPC as per Clause 8.2 of the Structure Plan Framework of the Planning and Development (Local Planning Schemes) Regulations 2015 and Clause 22 (1)(b) and Clause 38 (1)(b) of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

The requested and actioned modifications can be summarised as follows:

 

ODP Plan

·  Align the plan to State Policies in particular State Planning Policy 3.7 – Planning in Bush Fire Prone Areas, State Planning Policy 4.1 – State Industrial Buffer Policy , Department of Health Guidelines and EPA guidelines; and

·  Modify Lot 9002 to have a minimum lot size of 2ha consistent with the Priority 2 Water Reserve consistent with the Scheme.

 

Report

·     Make consistent with the new Structure Planning Framework;

·     Make the report consistent with the ODP Plan changes; and

·     Make the report consistent with Local Planning Scheme No. 23.

 

The above list heuristically describes the changes and a full list of modifications is contained in Attachment E.

 

All modifications are in accordance with current State Policy, the Local Planning Strategy and Local Planning Scheme No. 23, and as such Shire officers see no reason not to adopt the proposed modifications.

 

Consultation

No further advertising or consultation is required as a result of the proposed modifications.

 

Financial Implications

Fees of $7,100.00 were received as part of the application.

 

Asset Management Implications

The proposed modifications will result in an increase in the number of water supply tanks for bushfire fighting purposes from 4 to 10 at a rate of 1 per 25 lots.

 

All water tanks will be vested in the Shire of Esperance.

 

Should the proposal reach the development stage, the Shire of Esperance will be responsible for the on-going maintenance of all roads within the development.

tatutory Implications

The statutory implications associated with this item are:

·     Planning and Development Act 2005

·     Town Planning Regulations 1967

·     Local Planning Scheme No. 23

 

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

 

Local Planning Strategy

Precinct 24 – Pink Lake West

 

Strategies:

·     Manage low key development of the precinct to ensure that land use is compatible with land capability and suitability recognising the considerable environmental constraints.

·     Ensure best practice subdivision design that recognises and addresses the environmental constraints and minimises the need for land clearing.

·     Encourage the development of a low key, day to day needs local commercial facility.

 

Actions:

Ø  An Outline Development Plan (ODP) will be required for superblocks within the precinct, prior to any further subdivision with the following issues being addressed.

 

i.        Measures to protect the Lake Warden Catchment Recovery Area.

ii.       Direct impacts to Pink Lake are buffered by vegetated Reserves 24511 and 2064, which are gazetted for ‘conservation of flora and fauna’.

iii.      Mosaic of ‘high’ capability (flats and swales) and ‘fair’ to ‘low’ capability land (dune ridges).

iv.      Areas identified as having valuable vegetation and/or high fire risk will be required to be excluded from subdivision or development and suitably protected, as their preservation is important to prevent soil erosion and maintain habitat.

v.       Areas are susceptible to wind erosion and dune remobilisation if vegetation cover is removed.

vi.      The possible presence of basic raw materials (sand, clay, gravel, limestone and hard rock) is to be addressed and every effort should be made to extract significant deposits prior to subdivision. Developers will be encouraged to use suitable material extracted from the site, within the roads of the subdivision. A rehabilitation plan will be required to be submitted and implemented prior to the final clearance of the subdivision being granted. Small-scale extraction operations associated with the construction of a subdivision may be supported if the development of the area is staged. Commercial scale operations adjacent to staged subdivisions will not be supported.

vii.     Site-specific hydrogeological and nutrient balance investigations may be required for any larger-scale developments to establish the relationship between groundwater and Pink Lake, and to address any associated risk to its nutrient and biological status.

viii.     Pink Lake may be considered for listing under the Ramsar Convention.

ix.      Fire management plan is to be prepared in associated with subdivision design; recommended works (including strategic fire breaks and water tanks) of the plan are to be constructed concurrently with the construction of the lots, with site specific fire management plans being prepared for each individual house at the time a building license is applied for.

x.       Adherence to Department of Water – Water Source Protection Plan for protection of public water supply in relation to licensing requirements, land use activities, lot sizes and septic tank setback distances from well heads.

xi.      Land uses that cannot be serviced by a Council approved on-site effluent disposal system will not be permitted.

xii.     Development proponents to ensure that prospective purchasers are aware that abstraction of groundwater for rural-residential development is likely to be limited to 1,200m3 per lot per year and may require a license.

xiii.     Dwelling and outbuildings are to be located within pockets of better capability land rather than on sensitive dune ridges; building exclusion zones are to be identified on the plan of subdivision.

xiv.    Roads to be constructed/upgraded, including gazetted access roads, in accordance with Council’s adopted standards.

xv.     No extensive or intensive agricultural pursuits or potentially inappropriate land uses will be permitted within the precinct without referral to the Department of Environment and Conservation.

 

Ø  Due to the topography and environmental issues within the precinct, lot sizes will vary to accommodate good subdivision design.

Ø  Lot sizes within the precinct in the range of 1ha – 4 ha.

Ø  An outlined development plan is to be prepared with lots ranging from 1ha to 4ha, although larger lots may be appropriate in some areas.

Ø  Any outline development plan is to be referred to the Department of Environment and Conservation and the EPA service unit.

Ø  The ‘no subdivision area’ as illustrated on the Strategy Map may be utilised as a building exclusion zone.

Ø  Provision for a low scale daily needs local commercial facility should be incorporated into the Scheme through an amendment to the scheme’s additional use schedule, upon a suitable site being identified.

 

Environmental Considerations

The proposed Outline Development Plan has had regard to the environmental and sustainability issues of the proposal.

 

Attachments

a.

Outline Development Plan - Under Separate Cover

 

b.

Appendix A - Under Separate Cover

 

c.

Appendix B - Under Separate Cover

 

d.

Appendix C - Under Separate Cover

 

e.

List of modifications requested by WAPC

 

 

Officer’s Recommendation

That Council note the modifications and adopt the modified Outline Development Plan for Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road, Pink Lake as per Clause 8.2 of the Structure Plan Framework of the Planning and Development (Local Planning Schemes) Regulations 2015 and Clause 22 (1)(b) and Clause 38 (1)(b) of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015.

Voting Requirement                       Simple Majority


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 39

 


000 Street, Suburb, Western Australia  Postcode

Telephone (08) 9xxx xxxx  Facsimile (08) 9xxx xxxx  Email: xxx@xxxxx.xx.xxx.xx  webaddress.xxx.xx.xxx.xx

 
Our ref:      SPN/0687

Enquiries:   Johanna Dowsett (65519191)

 

 

Delma Baesjou

Ayton Baesjou Planning

59 Peels Place

ALBANY WA 6330

Transmission via electronic mail to: delma@aytonbaesjou.com.au

Dear Ms. Baesjou

Shire of Esperance

Structure Plan Number - ESPE/2015/1

STRUCTURE PLAN MODIFICATION AND RESUBMISSION

Thank you for application for Outline Development Plan for Lots 25, 770 and 9002 Pink Lake West, Shire of Esperance (the "Structure Plan") requesting final endorsement of the Western Australian Planning Commission.

The WAPC has resolved to give its final endorsement to the Structure Plan following modifications being undertaken by Ayton Baesjou Planning, as the person who prepared the Structure Plan, in accordance with those outlined in the attached Schedule of Modifications.

Following these modifications being undertaken and the Shire of Esperance, formally adopting this modified Structure Plan, please lodge the modifications to the WAPC for its final endorsement.

Please include the Structure Plan Number ESPE/2015/1 on the cover page of the document, and an endorsement page in the same format as the Structure Plan Framework, Appendix 2.

Should you have any queries, please contact the assigned planning officer listed above.

Once the modifications are completed please submit a digital electronic version of the documents to the Western Australian Planning Commission for final determination.

 

Yours sincerely,

Tim Hillyard

Tim Hillyard

Secretary

Western Australian Planning Commission

 

10.11.2015  

 

cc: Richard Hindley and Peter Wilks, Shire of Esperance

      via email - peter.wilks@esperance.wa.gov.au  and  richard.hindley@esperance.wa.gov.au


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 40

 

The Western Australian Planning Commission requires the following modifications -

 

No.

Section

Modification

Reason

ODP - Plan, Version April 2015

1.  

Development Requirements Text Box

Fifth paragraph. Water supply:

Delete 250m2 and replace with  565m2 minimum roof collection area and state that this figure is without any bore water supplementing water supply of the individual lots.

To accord with the Rural Planning Guidelines and the WAPC Rainfall Calculator. Unless proponent provides sustainable alternative option in accordance with point 1 of letter.

2.  

Development Requirements Text Box

After sixth paragraph, new paragraph:

Insert - "Lots with ATUs will require 3 monthly maintenance by an authorised person, and the maintenance reports provided to the Local Government under the Department of Health's 'Code of Practice for the Design Manufacture Installation and Operation of ATUs Serving Single Dwellings".

And insert - "Keeping of livestock is precluded on all of the lots".

To ensure that local government, future subdividers and prospective purchasers are aware of their ongoing responsibilities as it relates to ATUs, in accordance with Department of Health requirements.

3.  

Vegetation Text Box

Delete current text and replace with -

Modify:

"50% of the vegetation is to be retained across the site in accordance with the Shire of Esperance Local Planning Strategy objectives for the precinct.

The significant ridgelines function as green corridors and are to remain vegetated to protect from erosion of ridges. Clearing of vegetation is precluded from development exclusion areas.

Development on remaining vegetated lots is to occur off the ridgelines to protect vegetation and to avoid the need for clearing of ridgelines as a result of fire protection measures for buildings.

The pattern of subdivision of vegetated lots with ridgelines may be subject to change depending on detailed planning and design at that stage and compliance with avoiding development on ridgelines and minimising clearing for bushfire management. A local development plan will be required for the identified lots"

Current text statements do not align with the Strategy requirement for 50% vegetation retention.

 

To align the statements with the Local Planning Strategy objective on Plan 2.

4.  

P2 text box

Include additional dot point - "2ha minimum lot size" and provide a dot point for "ATUs required".

To align with Scheme requirements and Department of Health advice in cl.6.8.

5.  

Basic Raw Materials

Identify the quarry on the lot for future planning/assessment purposes. Include wording in report regarding the staging of development and proposals for the quarry. 

To comply with Basic Raw Materials and Buffer policies, and EPA Guidance Statement 3.

6.  

Significant Views (yellow text box)

Identify lots for further local development planning and notate on plan that the final design and layout of these lots will be subject to demonstrating to the capacity of the lots to accommodate the intended development and fire management requirements, particularly clearing and setbacks while avoiding development and clearing of ridgelines.

To ensure that the intended lots are capable of development while avoiidng clearing vegetation on ridgelines subject to erosion and ensuring balanced environmental and fire maangement outcomes are achieved as per the Strategy objectives and SPP3.7's objective 5.4 "Achieve a responsible and balanced approach

between bushfire risk management measures and landscape amenity and biodiversity conservation objectives".

7.  

Bushfire Safety Text Box

Include additional sentence at the end:

"A Bushfire Management Plan has been prepared for the ODP which prescribes building protection zones and hazard separation zones for the lots."

To indicate the preparation of the bushfire management plan, as well as the AS3959 and assessment conducted.

8.  

Lot 9002

Redesign to reflect a 2ha minimum lot size. Cul-de-sacs and battle-axe lots should be avoided where possible.

To comply with P2 (SCA 4) requirements for a 2ha minimum in the scheme. Access design revisions in accordance with draft SPP3.7, appendix 4.

9.  

Water tank sites

Identify additional sites for communal water tanks. Water tanks are to be provided on 1 tank per 25 lot basis or part thereof.

Approximate lot yield is 250 lots which equates to 10 communal tank sites that need to be identified and developed with subdivision. Only 4 sites provided on present plan.

In accordance with draft SPP 3.7 guidelines appendix 4, E4 50000L tank required per 25 lots or part thereof.

10.

Spencer Road

Landscaping to be provided along Spencer Road to provide buffering between development and Pink Lake.

Buffering and visual impact.

11.

Quarry

Identify the quarry on the subject lots and include a notation that "a rehabilitation plan will be required prior to subdivision".

To accord with SPP 4.1 Industrial Buffer Policy, and guidance available from SPP2.4 Basic Raw Materials and EPA Guidance Statement No. 3, and the ELPS Precinct 24, issue vi.

12.

Staging

Indicate on the ODP or within the ODP report the proposed staging of lots for development.

For information and to guide future subdivisions and provision of infrastructure.

ODP Report

13.

Terminology

Include sentence within Executive Summary stating "This Outline Development Plan has been prepared in accordance with the Shire of Esperance Local Planning Strategy requirements. The term Outline Development Plan is the same as a 'Structure Plan' within contemporary planning terminology."

To reflect contemporary planning terminology.

14.

Structure

Include before the contents page:

·     WAPC Endorsement Page (after cover page and before contents page

·     Table of Amendments

·     Executive Summary

And then provide contents page onwards of the report.

In accordance with Structure Plan Framework.

15.

Executive Summary

Insert executive summary as per above, and include the relevant portions from the 'structure plan summary table' from the Structure Plan Framework, with all relevant information for the proposal.

In accordance with Structure Plan Framework

16.

Insert a 'Part One - Implementation' Section

'Part One - Implementation' to provide the following information:

·     ODP Plan

·     Description of the ODP area

·     Operation - date that the ODP comes into effect

·     Staging plan - details of which areas will be subdivided and which infrastructure will be provided in each stage

·     Subdivision and development requirements - details outlined below.

·     Additional information - table of any additional information required prior to subdivision (i.e. quarry rehabilitation plan).

In accordance with Structure Plan Framework

17.

Part One - Subdivision and Development Requirements

Outline the subdivision and development requirements for the next stages of development and planning. These include -

·     Notifications on title regarding the absence of water and sewer, and the need for ATUs and their ongoing management on the relevant lots;

·     The need to refer future subdivision proposals to DoW and advise of the likely groundwater abstraction requirements to provide for indoor and outdoor use for their information;

·     Proof of ongoing sustainable water supply to the lots;

·     The need for late winter/ early spring on site investigations to determine the water levels of the lots to inform the preferred type and location of waste water disposal methods;

·     Demonstrate that individual lots are capable of accommodating future buildings and fire management requirements without requiring broad scale clearing of vegetation or development on sensitive ridgelines;

·     Notifications on title advising prospective purchasers of fire management plan and AS3959 construction standards;

·     Advice to prospective purchasers regarding restrictions on horses and stock on the lots;

·     50m development exclusion area along Spencer Road and landscape screening to provide a buffer to Pink Lake;

·     A rehabilitation plan for the quarry will be required prior to subdivision of the quarry lot and / or adjacent areas.

 

18.

Use existing ODP Report as 'Part Two - Explanatory Report'

'Part Two - Explanatory Report' to provide the existing information p.2-28 of the ODP Report.

 

In accordance with Structure Plan Framework

19.

Appendices

Provide a cover page for each technical report stating the appendix number and report title.

Include the list of technical appendices and their appendice number within the contents page.

For clarity/useability and in accordance with Structure Plan Preparation Framework

20.

Introduction

Second paragraph, edit text as follows:

"The subject land is within Precinct 24 Pink Lake West of the Shire of Esperance Local Planning Strategy (ELPS). The proposal is in accordance with the ELPS, and is consistent with decisions by the Council for the Shire of Esperance and the Western Australian Planning Commission (WAPC)..."

Grammar, and consistency with terminology later in the document.

21.

Section 3.1, last paragraph

Start first sentence with "Lot 9002 in the southern portion..."

After first sentence include additional information:

"The objectives within SCA 4 are to:

a)   provide a basis for the protection of public drinking water resources (PDWSA) through the control of land use or development, which has the potential to prejudice the quality of water supplies for public use;

b)   identify land that has been designated as groundwater reserves and surface catchment areas that supply public drinking water;

c)   ensure that any land use does not detrimentally impact on a public drinking water source;

d)   implement Scheme controls that are designed to mitigate any adverse effects on a public drinking water source.

Clause 6.8.4(c)(i) of LPS 23 also requires a 2ha minimum lot size within Rural Residential zones in P2 areas."

For clarity and consistency with 6.8 of LPS 23.

22.

3.2, ELPS

Local Planning Strategy, include additional aim from the ELPS within dot points:

"Protect amenity and enhance the quality of urban, rural and coastal environments."

To cover all relevant points.

23.

3.2

Third paragraph relating to Part 6.5 Rural Living. Delete point 'D' text.

Point D relates to consideration of proposals to rezone land to Rural Living. The subject lots are already zoned Rural Residential.

24.

3.2

After paragraph providing 6.5 ELPS details include additional paragraph as follows:

"Parts 6.12.3 Biodiversity, 6.12.4 Fire Risk and Management and 6.12.5 Basic Raw Materials also provides relevant actions and objectives for the ODP area. These include, retention of vegetation on site, ensuring that issues of dune stability and erosion are considered when it is proposed to clear vegetation to minimise fire risk, and the need for a management plan for the extraction and rehabilitation of basic raw material sites prior to the subdivision.

To reflect the other Strategy aims and objectives relevant to the site.

25.

3.2, ELPS

Paragraph before table, change '25' issues to '15'.

Typo

26.

3.2 Table

vi - include additional sentence in ODP response "buffer and requirement for rehabilitation plan pre-subdivision of this stage is shown on ODP plan and in Part One Implementation".

To meet ELPS requirements, and reflect prior modifications.

27.

3.2 Table

Xiv - requires further work.

Road networks and upgrading requires further information. Insert proponent information provided in 30 April 2015, Attachment C.

28.

3.2 Table

Xv - delete existing ODP response and replace with "LPS 23 prohibits extensive and intensive agricultural uses in the Rural Residential zone. As no livestock is permitted on the lots existing discretionary 'A' uses of stables, rural pursuit, and animal establishment will also not be possible on the lots".

To recognise that no livestock can proceed on the lots, and recognise those discretionary uses within the scheme which may conflict with this restriction. Reflects 'development requirements' text box modification on ODP Plan above.

29.

3.2, Actions Table

Point 4, ODP response, change text to "ODP referred to the Department of Parks and Wildlife (previously Department of Environment and Conservation, and EPA prior to finalisation".

Change 'achieved' column from ongoing to 'yes'.

To reflect status after advertising.

30.

3.2, Actions Table

Point 6, ODP response, change text to "Indicative site for corner store notated on ODP, however any proposal for this use will require a scheme amendment prior to proceeding".

To note LPS 23 permissibility's.

31.

3.2, ELPS Plan 2 Table

Point 1, ODP response. Update text with final lot sizes and averages once modifications completed.

To reflect prior modifications above, and points 3, 5 and 6 of letter.

32.

3.2, ELPS Plan 2 Table

Point 3, 50% of vegetation to be retained according to the ELPS. No quality of vegetation percentage provided in ELPS. Update ODP response with the amount of vegetation to be retained on site.

To demonstrate compliance.

33.

5.1, Public Drinking Water Source Areas

Third paragraph, include as last sentence "The WAPC's State Planning Policy 2.7 Public Drinking Water Source Policy and provides the land use planning policy within the Priority 2 area."

To reference WAPC policy also.

34.

5.1, p.17

Delete first two paragraphs on WQPN 54 and LPS 23 zoning. Replace text, as follows:

"The Rural Residential zone within LPS 23 does not set a minimum lot size, while the ELPS Precinct 24 specifically states 1 to 4ha. However, the SCA 4 sets a lot size of 2ha minimum within P2 Public Drinking Water Source Areas (PDWSA).

SCA 4 also includes reference to the Department of Water's Water Quality Protection Note (WQPN)  providing for additional conditions to be placed on lots in P2 areas, such as precluding livestock."

To reflect LPS 23 requirements and clarify policy positions.

35.

5.1, p.17

Third paragraph, update the amount of lot numbers within lot 9002, and update the lot area to approximately 80ha.

To reflect prior modifications.

36.

5.1, p.17

Delete fourth paragraph as policy requirements are outlined above.

To reflect prior modifications.

37.

5.1, p.18

Second last paragraph - typo - 'constraints'

Typo

38.

5.2, Wetland and Groundwater Buffers, p.18

Edits needed - Water Management Strategy is 'District Water Management Strategy' and the acronym should be DWMS throughout paragraphs 2 and 3.

Paragraph one include '(ATUs)' after 'nutrient absorbing wastewater treatment systems'.

Edits

39.

5.2, p/18

Include reference to SPP 2.9 Water Resources and outlined compliance.

To give WAPC policy due regard.

40.

5.3, Vegetation Retention

Rewrite section-

Identify - how much vegetation is on site and how much is to be cleared, to demonstrate compliance with the local planning strategy 50% retention requirement.

Include statements regarding the location of development away from ridgelines to protect from clearing and erosion of these areas. Identify that the final lot layout and design for some of the vegetated lots with ridgelines may be subject to change subject to further planning and design at subdivision stage to account for the natural features on site. 

Clarifications needed, relates back to prior modifications above, and points 3, 5 and 6 of letter.

41.

5.4, Cultural Heritage

Italicise the Aboriginal Heritage Act1972

Editorial

42.

5.5, Access and Linkages

Include information provided by proponent in April 2015, attachment C.

To reflect additional information provided. The Shire will be able to place conditions regarding road requirements at subdivision stage.

43.

5.6, Water Supply

Include as first sentence "A reticulated water supply is not available to the proposed lots".

Remainder of section requires review to include the minimum roof collection size requirement and state that this figure is without any bore water supplementing water supply of the individual lots.

To reflect prior modifications and the need for ongoing sustainable water supply.

44.

5.7, Waste Water

Include as first sentence "A reticulated sewerage supply is not available to the proposed lots".

Include sentence outlining the ongoing management requirements for ATUs in accordance with the Department of Health's Code of Practice for the Design, Manufacture, Installation and Operation of ATUs Serving Single Dwellings.

For clarity.

45.

5.8, Fire Safety

Update paragraphs 5 - include requirement for 50,000L communal tanks to be provided 1 per 25 lots or part therefor in accordance with the draft SPP3.7 guidelines.

Paragraph 6 - note that the final subdivision design and development will need to account for the fire management requirements, including clearing of vegetation, to demonstrate acceptability of on-the-ground proposals at that detailed stage.

To reflect prior modifications.

46.

New Section - 5.9

Threatened Ecological Communities - include text regarding TECs information from the Land Capability consultant, DPaW, and the EPBC Act requirements.

To reflect DPaW advice, EPBC Act requirements.

47.

6.1, Response to Site Characteristics

Update lot ranges (minimum and maximum) and averages  within this section.

To exclude Lots 1-9, and reflect prior modifications above.

48.

6.1

Second paragraph, update road reserve statements.

To reflect prior modifications.

49.

6.1

Paragraph three, replace first sentence with "Precinct 24 of the ELPS provides a range of lot sizes from 1 to 4ha. LPS 23 requires a minimum 2ha within Lot 9002 P2 area. The ODP provides....

Delete last sentence.

To reflect prior modifications.

50.

6.2, Staging

Provide a likely indication of the staging proposed across the site.

No staging identified at present.

51.

7, Population Growth

Delete existing information.

Replace text with -

"WA Tomorrow provides the population and demographic estimates for the State. Population in the Shire of Esperance at the 2011 Census was 13,880 persons. WA Tomorrow provides for a range of growth scenarios of which the predicted growth for the Shire of Esperance is 340 (low growth scenario) and 1740 additional persons (high growth scenario) in 2026.

107 rural residential/special residential lots were created in the Shire of Esperance in the decade up to December 2014. While 527 lots were created for residential purposes over this period (17% of all lots were therefore rural residential/special residential over this period). This represents an average of 11 rural residential lots created per year, with the most lots created being 25 in 2007.

Based on the historical rate and high scenario projected populations for the Shire of Esperance it is estimated that approximately 10 lots per year may be developed within the ODP area over the next 10 years."

Information is currently very general and does not provide figures to demonstrate demand or population in the Shire area. Information provided reflects WA Tomorrow and Urban Development Program Data available from Department of Planning.

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 50

 

Item: 12.1.4  

Proposed Road Closure - Portion of Road Reserve adjoining Lot 606 Doak Place, Castletown

Author/s

Peter Wilks

Town Planning Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/357

 

Applicant

G M Graham

 

Location/Address

Unconstructed Portion of Stable Road adjoining Lot 606 Doak Place, Castletown

Executive Summary

For Council to grant final approval to the closure of an unconstructed portion of the road reserve for Stable Road, where it adjoins Lot 606 Doak Place, Castletown.

 

Recommendation in Brief

That Council:

1. Request the Minister of Lands to close the road reserve known as a portion of Stable Road under Section 58 (1) of the Land Administration Act 1997.

2. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

 

Background

At the Ordinary Council Meeting held on 25th August 2015, Council resolved (O0815-005):

 

That Council initiate the road closure process for the unconstructed portion of the road reserve for Stable Road, where it adjoins Lot 606 Doak Place, Castletown, in accordance with Section 58 of the Land Administration Act 1997.

 

Subsequent to this resolution, the proposed Road Closure was advertised from 9 October 2015 to 27 November 2015. Nine (9) submissions were received at the end of the advertising period, eight (8) of which came from government and servicing agencies and one (1) from a landowner in proximity to the proposal. No submissions objected to the proposal.

 

Officer’s Comment

From a planning and engineering perspective, the closure of the road is appropriate as it is unconstructed. The portion of road reserve that is proposed to be closed will be amalgamated into Lot 606 Doak Place, Castletown, to allow for all structures associated with Lot 606 to be located within the legal boundaries of the property.

 

Should Council wish to proceed with the closure a formal request will be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road portion and amalgamate the portion of road reserve into adjoining Lot 606.

 

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 between 9 October 2015 to 27 November 2015. A notice was also placed in the Esperance Express on 16 October 2015.

 

Nine (9) submissions were received at the end of the advertising period, eight (8) of which came from government and servicing agencies and one (1) from a landowner in proximity to the proposal. No submissions objected to the proposal.

 

Financial Implications

Once the proposal has been 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 Applicant will need to indemnify the Minister of all costs and charges in association with the closure. Should the Department of Lands insist on closing a larger area of the road reserve in such a way that it affects multiple landowners, the costs for title adjustments and new titles will need to be met by the applicable affected landowners.

 

An application fee of $700 applies to this application.

 

Asset Management Implications

This application has been referred to Asset Management, they have identified that there are no plans for the construction of this section of Stable Road, as such it is not seen that the proposal has any asset management implications.

 


Statutory Implications

Local Government Act 1995

Land Administration Act 1997

 

Policy Implications

Engineering Policy ENG 006: Permanent Road Closures

 

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.

Plans of proposed Road Closure

 

b.

Schedule of Submissions

 

 

 

Officer’s Recommendation

That Council:

1.     Request the Minister of Lands to close the road reserve known as a portion of Stable Road under Section 58 (1) of the Land Administration Act 1997.

2.     Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3.     Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 53

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 54

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 56

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 58

 

Item: 12.1.5  

Proposed Road Closure - Landfill Road, Bandy Creek

Author/s

Peter Wilks

Town Planning Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/398

 

Applicant

Internal (Statutory Division)

 

Location/Address

Landfill Road, Bandy Creek

 

 

Executive Summary

For Council to grant final approval to the closure of Landfill Road, Bandy Creek.

 

Recommendation in Brief

That Council:

1. Request the Minister of Lands to close the road reserve known as Landfill Road under Section 58 (1) of the Land Administration Act 1997.

2. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the Shire of Esperance.

 

Background

At the Ordinary Council Meeting held on 25th August 2015, Council resolved (O0915-013):

 

That Council initiate the road closure process for Landfill Road, Bandy Creek, in accordance with Section 58 of the Land Administration Act 1997.

 

Subsequent to this resolution, the proposed Road Closure was advertised from 9 October 2015 to 27 November 2015. Nine (9) submissions were received at the end of the advertising period, all of which were from servicing agencies and government departments. No submissions objected to the proposal.

 

Officer’s Comment

From a planning and engineering perspective, the closure of the road is appropriate as Landfill Road is for all intents and purposes an internal access road for the landfill site and includes areas of the site occupied by existing buildings.

 

 

Should Council wish to proceed with the closure a formal request will be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road portion and amalgamate the portion of road reserve into adjoining Lot 5 Wylie Bay Road (Landfill Site).

 

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 between 9 October 2015 to 27 November 2015. A notice was also placed in the Esperance Express on 16 October 2015.

 

Nine (9) submissions were received at the end of the advertising period, all of which were from servicing agencies and government departments. No submissions objected to the proposal.

 


Financial Implications

Once the proposal has been 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 Shire of Esperance. Furthermore, at this stage the Shire of Esperance will need to indemnify the Minister of all costs and charges in association with the closure.

 

Asset Management Implications

Landfill Road will be incorporated into Lot 5 Wylie Bay Road (Wylie Bay Landfill Site) and as such will not be a public road.

 

The closure will also include the boom gate and the portion of the Recycling Shed currently built in the road reserve.

 

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.

Plan of proposed Road Closure

 

b.

Schedule of Submissions

 

 

 

Officer’s Recommendation

That Council:

1.    Request the Minister of Lands to close the road reserve known as Landfill Road under Section 58 (1) of the Land Administration Act 1997.

2.    Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3.    Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the Shire of Esperance.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 61

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 63

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 65

 

12.2   External Services - Commercial Division

Nil

 

 

12.3   External Service - Community Division

Nil

 


12.4   Asset Management

Item: 12.4.1  

2015 Asset Management Strategy

Author/s

Bill Parry

Asset Management Coordinator

Authorisor/s

Mathew Walker

Acting Director Asset Management

 

File Ref: D15/31898

 

Applicant

Asset Management       

 

Location/Address

Shire of Esperance

 

Executive Summary

To allow Council to consider the 2015 Asset Management Strategy

 

Recommendation in Brief

That Council adopts the 2015 Asset Management Strategy

 

Background

Previous Asset Management planning documents adopted by Council included the “Asset Management Strategy 2012 to 2014” and the “Infrastructure Asset Management Plan 2013”.  A recent review of the Asset Management Planning process (following diagram) requires that these documents be updated and replaced by the “2015 Asset Management Strategy” and the “Asset Management Plan Summary” (in progress).

 

The 2015 Asset Management Strategy is a key informing document to the Integrated Planning and Reporting Framework legislated in late 2011 and is a dynamic document outlining a clear course of action in applying and supporting the Shire’s Asset Management Policy.

 

Officer’s Comment

The objective of the Asset Management Strategy is to develop structured actions and resources which enable Council to manage and develop its asset management practices in line with Strategic Plans, Policies, Legislative requirements, community expectations and national guidelines.

 

The 2015 Asset Management Strategy outlines:

-     The current position with respect to Asset Management practice

-     Future needs with respect to Asset Management practice

-     The current maturity level of Asset Management practice with regard to the nationally recognised levels of competency

-     An Improvement and Action Plan on how Council intends to achieve future needs.

-     A performance monitoring process

 

The following chart identifies where the Asset Management Strategy sits in relation to the current Asset Management Planning process.

The National Assessment Framework incorporates evaluation of asset management practices and progress toward achieving core asset management maturity status. 

 

The elements of the framework and a comparison of Council’s current estimated core maturity levels are identified in the following chart.

Progress_Comparrison_Graph.gif

A summary level view of asset valuations provides a snapshot of rounded values by asset class.  A detailed summary including valuations, quantities, performance ratios and data confidence levels will be contained in the “AMP Summary” document.

 

Asset Class

Description

Replacement Cost

Fair Value (Depreciated Value)

Annual Depreciation Expense

Transport

Roads

Kerbs

Bridges

Culverts

Footpaths

 

$415,000,000

$312,500,000

$9,200,000

Buildings

Buildings for which the Shire has operational, maintenance and renewal responsibilities.

 

$60,929,000

$31,626,000

$1,224,000

Open Space

Parks & Reserves

Sporting grounds

Playgrounds

Coastal

Irrigation Supply

Cemetery

 

$46,300,000

$17,900,000

$1,400,000

Drainage

Pits

Pipes

Sumps

 

$20,105,000

$16,434,000

$177,000

Fleet

Major Plant

Minor Plant

Miscellaneous plant

 

$12,973,000

$8,270,000

$1,208,000

Commercial

Airport

Waste Management

Caravan Park

 

$15,830,000

$10,219,000

$429,000

 

Total

$571,137,000

$396,949,000

$13,638,000

 

The Improvement Opportunities and Action Plan detailed in Appendix A outlines the areas of opportunity and details the actions required to implement them.  Appendix B summarises the identified actions and priorities.

 

Consultation

The 2015 Asset Management Strategy has been developed in consultation with senior Asset Management staff.

 

Financial Implications

Nil

 

Asset Management Implications

The 2015 Asset Management Strategy is a key guiding document in the progressive development of asset management practices and the achievement of national core maturity status.

 


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

 

Attachments

a.

2015 Asset Management Strategy - Under Separate Cover

 

 

 

Officer’s Recommendation

That Council adopt the 2015 Asset Management Strategy.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 70

 

Item: 12.4.2  

General Asset Management Plan

Author/s

Bill Parry

Asset Management Coordinator

Authorisor/s

Mathew Walker

Acting Director Asset Management

File Ref: D15/31899

 

Applicant

Internal      

 

Location/Address

Shire of Esperance

 

Executive Summary

To allow Council to consider the General Asset Management Plan

 

Recommendation in Brief

That Council adopts the General Asset Management Plan as a separate reference document to accompany all infrastructure Asset Management Plans developed in the future.

 

Background

The “National Asset Management Strategy” (NAMS) system of Asset Management was adopted by Council in 2011, since then all Asset Management Plans have been produced using their prescribed templates.  

 

Officer’s Comment

The current Asset Management Plan (AMP) template includes content that is common to all AMP’s and it is this content that is represented in the proposed General Asset Management Plan.  Removing this general reference material will assist in making AMP’s developed in the future a more practical and concise document.

 

The content of the document will remain linked to the NAMS systems and processes and will be subject to review where significant variations or improvements to the document by NAMS are identified.

 

Consultation

The General Asset Management Plan and subsequent changes to all future AMP’s have been reviewed by senior Asset Management staff.

 

Asset Management Implications

The General Asset Management Plan should be read in conjunction with all future AMP’s.

 

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

 

Attachments

a.

2015 General Asset Management Plan - Under Separate Cover

 

 

Officer’s Recommendation

That Council adopt the General Asset Management Plan

Voting Requirement                       Simple Majority

Item: 12.4.3  

Asset Management Plan - Stormwater Drainage 2015

Author/s

Bill Parry

Asset Management Coordinator

Authorisor/s

Mathew Walker

Acting Director Asset Management

 

File Ref: D15/22906

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

To allow Council to consider the Stormwater Drainage Asset Management Plan 2015

 

Recommendation in Brief

That Council accepts the Stormwater Drainage Asset Management Plan 2015

 

Background

The first cut Stormwater Drainage Asset Management Plan was developed in September 2011 and was based on assumptions and estimates which produced a plan with low confidence and identified several areas for improvement.  In 2014, a network survey was undertaken by staff which produced detailed asset data and mapping.  This data has been combined with current valuations developed to meet Fair Value accounting requirements in 2015 to produce an AMP with high confidence.  Future improvements still include inspection and condition grading of the network but due to the long life of the assets, relatively young age and absence of failures it is not expected for another 10 years.

 

Officer’s Comment

Assets covered by this plan:

 

The Stormwater Drainage Network consists of the following assets:

Category

Quantity

Replacement Value

Depreciated Replacement Value

Annual Depreciation Value

Sumps

46

$ 2,423,945

$ 2,424,000

$0

Pits

2,528

$ 7,413,680

$5,786,528

$74,136

Pipes

69.3 km

$ 9,875,044

$7,992,430

$98,750

Subsurface Network

40 Pits / 3.5km of Pipe

$    392,425

$231,531

$3,924

Total

 

$20,105,095

$16,434,435

$176,811

 

Key assumptions used in this plan include:

-     Asset condition – drainage network component inspection is a specialised process and given the relatively young age and absence of component failures, condition assessment is based on age and the estimated rate of asset deterioration.

-     Asset Useful Life – Drainage network components are a long life asset, the useful life has been estimated at 100 years.

-     Date of construction – Dates of construction have been identified using historical records and consulting with experienced shire staff.

Projected Expenditure:

 

No asset renewals have been identified in this 10 year planning period; correspondingly there is no reported renewal gap.

 

Asset Condition

 

Condition grading has been estimated using a deterioration curve based on useful life and age.  The following charts indicate current network condition and the estimated condition in 10 years without additional maintenance or renewal budgets.  Projections indicate only a minor deterioration in overall condition.

 

 

Improvements for future revisions of this AMP include:

-     Establish an ongoing process for capture of maintenance records against assets

-     Establish an ongoing process for capturing asset data and mapping

-     Develop asset hierarchy for inclusion in future maintenance and renewal plans

-     Review the need and timing of asset condition inspections

Consultation

This AMP has been developed and reviewed by senior Asset Management staff.

 

Financial Implications

There are no projected renewals and therefore the financial implications arising from this planning period relate only to budgeted Operation, Maintenance and Upgrade expenditures.   A re-valuation of Stormwater Drainage assets has been completed to meet Fair Value accounting requirements in June 2015.

 

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

 

Attachments

a.

2015 Stormwater Drainage Asset Management Plan - Under Separate Cover

 

 

 

Officer’s Recommendation

That Council accept the 2015 Stormwater Drainage Asset Management Plan

Voting Requirement                       Simple Majority

  


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 74

 

12.5   Corporate Resources

Item: 12.5.1  

Debt Write-Off - Debtor # 3883

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/230

 

Applicant

Corporate Resources

 

Location/Address

Internal

 

Executive Summary

For Council to consider writing off outstanding debt of $1,292.50 (Inc GST) for Surefire Enterprises Pty Ltd as trustee for the Zakostelsky Family Trust (Debtor No. 4445).

 

Recommendation in Brief

That Council writes off outstanding debt of $1,292.50 (Inc GST) for Surefire Enterprises Pty Ltd as trustee for the Zakostelsky Family Trust (Debtor No. 4445).

 

Background

In September 2014 Council resolved:

 

 “That Council accept the surrender of lease on Car Hire Desk # 4 at Esperance Airport Terminal from Surefire Enterprises Pty Ltd trading as Jetty Car Hire and accepts $1,292.50 (Inc GST), being the rent for the first year of the agreement as mitigation of the Shire’s loss”.

 

The outstanding debt was pursued internally initially then referred to AMPAC Debt Recovery Pty Ltd (AMPAC).  AMPAC received no response to messages and demands from Surefire, despite having up to date contact details. Legal action proved to be unsuccessful.

 

During December 2015, WA Insolvency Solutions contacted the Shire to advise they had taken over administration of Surefire Enterprises Pty Ltd. The Shire was advised it was highly unlikely the outstanding invoice would be paid.

 

Officer’s Comment

Based on WA Insolvency Solutions’ advice it is no longer viable to pursue the outstanding debt.

 

Consultation

AMPAC Debt Recovery Pty Ltd

WA Insolvency Solutions

 

Financial Implications

The financial implications arising from this report would be an expense of $1,175 (Exc GST).  There is currently a budget for write-offs and debt collection expenses in Financial Services for $10,000. At time of writing this report only $1,500 had been expended.

 

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act (1995) Section 6.12 General Financial Provisions

 

Policy Implications

CORP013: Debt Collection – The objective of this policy is that the Shire of Esperance will actively pursue all outstanding rates and sundry debtors.

 

The recommended course of action is in line with pursuing all available options to recover the outstanding debt.

 

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

 

Corporate Business Plan 2013/2014 – 2016/2017

4.5.15 Manage Financial Services

 

Environmental Considerations

Nil

 

Attachments

Nil

 

Officer’s Recommendation

That Council writes off outstanding debt of $1,292.50 (Inc GST) for Surefire Enterprises Pty Ltd as trustee for the Zakostelsky Family Trust (Debtor No. 4445).

Voting Requirement                       Absolute Majority

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 76

 

Item: 12.5.2  

Financial Services Report - December 2015

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/1456

 

 

Attachments

a.

Monthly Financial Report - December 2015

 

 

 

Officer’s Recommendation

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

Voting Requirement                       Simple Majority

 



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27 January 2016                                                                                                                          Page 78

 



















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27 January 2016                                                                                                                          Page 96

 


Ordinary Council: Agenda

27 January 2016                                                                                                                          Page 99

 



Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 101

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 103

 




Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 106

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 129

 

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 130

 

12.6   Executive Services

Item: 12.6.1  

 

Information Bulletin - January 2016

 

Author/s

Sarah Fitzgerald

Administation Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/1460

 

 

Attachments

a.

Information Bulletin - January 2016

 

b.

Condolences - Esperance Bushfire Disaster - Member for Mandurah

 

c.

Thank You - Support and Handling of Esperance Fires

 

d.

Letter of Appreciation - Visit To Esperance - Governor of Western Australian

 

e.

Thank You - Donation of Achievement Award - Esperance Primary School

 

f.

Letter of Appreciation - Support for passengers of the Pacific Eden

 

g.

Register - Delegations Discharge – Corporate Resources

 

H

Minutes - GVROC Council Meeting - 27 November 2015

 

I.

Interplan Report - December 2015 - Under Separate Cover

 

 

 

Officer’s Recommendation

That Council accept the Information Bulletin for January 2016 including;

1.       Condolences - Esperance Bushfire Disaster - Member for Mandurah

2.       Thank You - Support and Handling of Esperance Fires

3.       Letter of Appreciation - Visit To Esperance - Governor of Western Australian

4.       Thank You - Donation of Achievement Award - Esperance Primary School

5.       Letter of Appreciation - Support for passengers of the Pacific Eden

6.       Register - Delegations Discharge – Corporate Resources

7.       Minutes - GVROC Council Meeting - 27 November 2015

8.       Interplan Report - December 2015

 

Voting Requirement                       Simple Majority

 

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 131

 

Agenda Cover Page

 

 

 

Cover Page.jpg

 

 

 

 

 

 

 

 

 

Shire of Esperance

 

 

INFORMATION BULLETIN

 

 

ORDINARY COUNCIL MEETING

 

 

 

 

27 January 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SHIRE OF ESPERANCE

Index

SHIRE OF ESPERANCE    

1            Asset Management         4

1.1         Grading Report                                                                                       4

2            Statutory Division                                                                                   5

 

 

 

 

 

                                                                                                                                          

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 133

 


         

         


Shire of Esperance

Building Applications Approved from 1 December 2015 to 31 December 2015

Building Licences

Cost $

Excluding Land

Floor Area Sq.M

No of Buildings

Main Material of Floor

Roof Covering

Materials of External Walls

Type of Building

Situation of Building

Reg No

Builder Name & Address

Licence Number

Name & Address of Owner

Type of Work

Approval Date

Alterations

Occupancy Permit ‑ Classes 2‑9

09/12/2015

 15242

 J M Daunt

Lot 71 Dunkley Circuit

PINK LAKE  WA  6450

The Esplanade

ESPERANCE

Lot: 921 Pln: 191740

S1020

 464.0

 1

New Building

Office Building

16/12/2015

 15269

Dixon Construction

71 The Esplanade

ESPERANCE  WA  6450

Brazier Street

CHADWICK

Lot: 15 P/D: 65554/LS1 L/N: 2853

Other

Steel

Timber

 61.0

 2

Alterations

Occupancy Permit ‑ Classes 2‑9

24/12/2015

 15824

 M T Withers

3 North Road

CASTLETOWN  WA  6450

87 Norseman Road

CASTLETOWN

Lot: 51 D: 38934

Steel

Steel

Concrete

 437.0

 1

Refurbishment

Occupancy Permit ‑ Classes 2‑9

11/12/2015

 16127

 Sime Building Company Pty Ltd

52 The Esplanade

ESPERANCE  WA  6450

63 Dempster Street

ESPERANCE

Lot: 8 D: 60687

10158

Brick, double

Steel

Concrete

 220.0

 1

New Building

Patio

16/12/2015

 16223

 R J Gellard

27 Walmsley Street

CASTLETOWN  WA  6450

 

27 Walmsley Street

CASTLETOWN

Lot: 709 D: 52120

Steel

 46.0

 1

 15,000.00

Alterations

Patio

01/12/2015

 16244

 Jollygood Enterprises Pty Ltd

10 Scholey Street

SINCLAIR  WA  6450

105 Burton Road

CASTLETOWN

Lot: 108 Pln: 1376

11528

Steel

Other

 35.0

 1

 9,899.00

New Building

Dwelling ‑ Single

01/12/2015

 16251

Glen Echo Pty Ltd

4 Hill Street

CHADWICK  WA  6450

30 Woody Avenue

CASTLETOWN

Lot: 1026 Pln: 400374

9556

Timber

Steel

Concrete

 179.0

 1

 247,800.00

New Building

Garage/Shed

07/12/2015

 16256

 MT Sheds (WA) Pty Ltd

3 North Road

CASTLETOWN  WA  6450

Barook Road

PINK LAKE

Lot: 49 D: 100121

S1044

Steel

Steel

Concrete

 180.0

 1

 20,000.00

Alterations

Industrial Building

07/12/2015

 16257

M C Henley

27 Gull Street

ESPERANCE  WA  6450

4 Scanlon Street

CHADWICK

Lot: 83 Pln: 10893

Steel

Steel

Concrete

 69.0

 1

 20,000.00

New Building

Garage/Shed

15/12/2015

 16258

 S L Hall

3/3 Irene Street

CASTLETOWN  WA  6450

Fisheries Road

MERIVALE

S/L: 21 S/P: 60076

Steel

Steel

Concrete

 380.0

 1

 50,000.00

New Building

Office Building

11/12/2015

 16259

 Vermey Building Company

25 Butler Street

CASTLETOWN  WA  6450

33 McDonald Road

CHADWICK

Lot: 17 Pln: 73198

10647

Steel

Steel

Concrete

 35.0

 1

 10,000.00

Alterations

Retail Building

10/12/2015

 16260

 FDC Construction & Fitout (WA) Pty Ltd

45 Ventnor Avenue

WEST PERTH  WA  6005

1 Forrest Street

ESPERANCE

Lot: 508 D: 71396

100621

 900,000.00

Alterations

Patio

16/12/2015

 16261

 K L Lear

97 Goldfields Road

CASTLETOWN  WA  6450

7 Sherwood Place

SINCLAIR

Lot: 82 Pln: 9425

Not Specified

Steel

Concrete

 12.0

 1

 8,000.00

New Building

Garage/Shed

Steel

Steel

Concrete

 22.0

 1

 10,000.00

New Building

Patio

07/12/2015

 16262

H M Mannix

44 Hockey Place

WEST BEACH  WA  6450

44 Hockey Place

WEST BEACH

Lot: 860 Pln: 190984

Timber

Steel

Timber

 15.0

 1

 5,000.00

New Building

Garage/Shed

10/12/2015

 16263

 Wrinkly Tin & Cladding Company Pty Ltd

3 Corry Street

ESPERANCE  WA  6450

61 Thistle Avenue

BANDY CREEK

Lot: 224 Pln: 64773

Steel

Steel

Concrete

 30.0

 1

 9,800.00

Page 1 of 3



Shire of Esperance

Building Applications Approved from 1 December 2015 to 31 December 2015

Building Licences

Cost $

Excluding Land

Floor Area Sq.M

No of Buildings

Main Material of Floor

Roof Covering

Materials of External Walls

Type of Building

Situation of Building

Reg No

Builder Name & Address

Licence Number

Name & Address of Owner

Type of Work

Approval Date

New Building

Garage/Shed

04/12/2015

 16268

 J M Hastings

10 Eyre Street

ESPERANCE  WA  6450

23 Anderson Street

GIBSON

Lot: 33 Pln: 167575

Steel

Steel

Concrete

 30.0

 1

 7,000.00

New Building

Carport

Steel

Steel

Concrete

 23.0

 1

 3,000.00

Alterations

Dwelling ‑ Single

Steel

Steel

Concrete

 5.0

 1

 10,000.00

New Building

Garage/Shed

16/12/2015

 16270

 R W Franceschi

27 Emily Street

ESPERANCE  WA  6450

21 Baleine Drive

CASTLETOWN

Lot: 986 Pln: 52175

Steel

Steel

Concrete

 84.0

 1

 18,000.00

New Building

Garage/Shed

14/12/2015

 16272

 T L Greig

Lot 24 Barook Road

PINK LAKE  WA  6450

Barook Road

PINK LAKE

Lot: 24 Pln: 52171

Steel

Steel

Concrete

 48.0

 1

 10,000.00

New Building

Dwelling ‑ Single

10/12/2015

 16274

 Maguire (WA) Pty Ltd

22B Andrew Street

ESPERANCE  WA  6450

21 Waterlily Way

CASTLETOWN

Lot: 1067 Pln: 400374

13090

Brick, veneer

Steel

Concrete

 321.0

 1

 405,097.00

New Building

Garage/Shed

Steel

Steel

Concrete

 36.0

 1

New Building

Garage/Shed

11/12/2015

 16275

M G Williams

PO BOX 210

Ravensthorpe WA  6346

 

Mississippi Bend

PINK LAKE

Lot: 513 Pln: 54667

Steel

Steel

Concrete

 200.0

 1

 35,000.00

New Building

Patio

23/12/2015

 16278

A B Willoughby

32 Magnolia Crescent

CASTLETOWN  WA  6450

32 Magnolia Crescent

CASTLETOWN

Lot: 267 Pln: 11084

Steel

Steel

Concrete

 80.0

 1

 6,000.00

New Building

Dwelling ‑ Single

14/12/2015

 16280

 Maguire (WA) Pty Ltd

22B Andrew Street

ESPERANCE  WA  6450

48 Woody Avenue

CASTLETOWN

Lot: 763 Pln: 400374

13090

Timber

Steel

Concrete

 380.0

 1

 572,682.00

Alterations

Retail Building

15/12/2015

 16282

FGS Contracting

Esperance  6450

69A Dempster Street ESPERANCE

Lot: 3 D: 23488

101335

 1

 5,000.00

New Building

Dwelling ‑ Single

17/12/2015

 16283

Ryan Dixon PTY LTD T/A Dixon Construction

The Esplanade

Esperance  WA  6450

84 Walmsley Street

BANDY CREEK

Lot: 280 Pln: 69443

14605

Brick, veneer

Steel

Concrete

 278.0

 1

 317,318.00

New Building

Dwelling ‑ Single

18/12/2015

 16286

 K J Norton

5 Kiwi Close

CASTLETOWN  WA  6450

18 Baleine Drive

CASTLETOWN

Lot: 850 Pln: 49174

9566

Timber

Steel

Concrete

 263.0

 1

 350,000.00

$3,044,596.00

 25

Total number of Building Licences:

Building Approval Certificates (Unauthorised Structures)

Cost $

Excluding Land

Floor Area Sq.M

No of Buildings

Main Material of Floor

Roof Covering

Materials of External Walls

Type of Building

Situation of Building

Reg No

Builder Name & Address

Licence Number

Name & Address of Owner

Type of Work

Approval Date

Alterations

Patio

08/12/2015

 16253

 Wells Building Designers & Consultants

29 Amelia Circuit

WEST BEACH  WA  6450

Barook Road

PINK LAKE

Lot: 10 Pln: 52171

 1

 15,000.00

Alterations

Garage/Shed

09/12/2015

 16267

 J A Niikkula

13 Travers Avenue

NULSEN  WA  6450

13 Travers Avenue

NULSEN

Lot: 39 Pln: 9200

Steel

Steel

Concrete

 32.0

 1

 5,000.00

Page 2 of 3


Ordinary Council: Agenda

27 January 2016          Page 137

 

Shire of Esperance

Building Applications Approved from 1 December 2015 to 31 December 2015

Building Approval Certificates (Unauthorised Structures)

Cost $

Excluding Land

Floor Area Sq.M

No of Buildings

Main Material of Floor

Roof Covering

Materials of External Walls

Type of Building

Situation of Building

Reg No

Builder Name & Address

Licence Number

Name & Address of Owner

Type of Work

Approval Date

Alterations

Patio

09/12/2015

 16271

 T J Harvey

3 North Road

CASTLETOWN  WA  6450

3 North Road

CASTLETOWN

Lot: 165 Pln: 9826

Other

Concrete

 52.0

 1

 3,000.00

Alterations

Dwelling ‑ Single

08/12/2015

 16273

 R P Zakostelsky

28 Bailey Street

TRIGG  WA  6029

81 Twilight Beach Road

WEST BEACH

Lot: 112 D: 62871

Steel

 1

 20,000.00

New Building

Carport

11/12/2015

 16277

 K M Waters

31 Sims Street

SINCLAIR  WA  6450

31 Sims Street

SINCLAIR

Lot: 53 Pln: 2260

Not Specified

Not Specified

Not Specified

 1

 9,000.00

New Building

Patio

Not Specified

Not Specified

Not Specified

 1

 10,000.00

$62,000.00

 5

Total number of Building Approval Certificates (Unauthorised Structures):

Total number of Licences/Certificates Reported:

 30

$3,106,596.00

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

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

                (Manager Building Services)

Page 3 of 3


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27 January 2016                                                                                                                        Page 142

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 143

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 144

 



Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 146

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 147

 



Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 149

 


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 151

 

 

 

 

 

 

 

GVROC Council Meeting

 

 

Friday 27 November 2015

In-Person Meeting

Councillors Conference Room, City of Kalgoorlie-Boulder

 

 

MINUTES

 

 

 

 


CONTENTS

1.         OPENING AND WELCOME. 4

2.         DECLARATION OF INTEREST. 4

3.         RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE. 4

3.1     Attendance. 4

3.2     Apologies. 5

4.         ANNOUNCEMENTS AND ELECTION OF STATE COUNCIL REPRESENTATIVE. 6

4.1     Delegates and Deputy Delegates to Zone. 6

4.2     Election of WA Local Government Association State Council Representative and Deputy State Council Representative. 7

5.         Election of Chair and Deputy Chair to the Goldfields Voluntary Regional Organisation of Councils  8

5.1     Election of Chair and Deputy Chair to the Goldfields Voluntary Regional Organisation of Councils  8

6.         Election of Chair and Deputy Chair to the Goldfields Esperance Regional Collaborative Group  10

6.1     Appointment of Chair and Deputy Chair to the Goldfields Esperance Regional Collaborative Group  10

7.         GUEST SPEAKERS/PRESENTATIONS. 11

7.1     Ms Mandi Warry Former Manager Goldfields Tourism Network Association –Update on the Goldfields Exhibits at the 2015 Royal Show (Attachment) 11

8.         MINUTES OF MEETINGS. 12

8.1     Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Council held Thursday 8 October 2015 (Attachment) 12

8.2     Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Council held Friday 6 November 2015 (Attachment) 12

8.3     Business Arising from a Meetings of the Goldfields Voluntary Regional Organisation of Councils (GVROC) - November 2015 Status Report 12

8.4     Matters for Noting. 12

9.         GVROC FINANCE. 14

9.1     Financial Statements for period ending 31 October 2015 and Accounts for Payment (Attachment) 14

10.       GOLDFIELDS RECORDS STORAGE FACILITY - FINANCE AND OTHER MATTERS. 16

10.1   Financial Statement for the Period ending 31 August 2015. 16

11.       GVROC BUSINESS. 17

11.1   Goldfields Esperance Regional Investment Blueprint – Submission from the Goldfields Voluntary Regional Organisation of Councils (Attachment) 17

11.2   Increase in the Emergency Services Levy. 19

11.3   Southern Rangelands Workshop in Geraldton on Thursday 29 October 2015. 21

11.4   GVROC Meeting with the Director General Department of Mines and Petroleum, Mr Richard Sellers on Thursday 8 October 2015. 23

11.5   GERCG Implementation (Asset Management) Project 24

11.6   Training for Country Councillors - Phase 3. 26

11.7   Elected Members Training – Local Government Finance. 27

11.8   Census of Local Government Councillors (Attachment) 29

11.9   Planning and Development (Local Planning Schemes) Regulations 2015. 30

11.10 Meeting with the Salaries and Allowances Tribunal 32

11.11 Proposed Re-establishment of the WA Police Livestock Squad. 33

12.       WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS. 34

12.1   State Councillor / Goldfields Esperance Zone President’s Report 34

12.3   Review of WALGA State Council Agenda - Matters for Decision. 34

12.4   Review of WALGA State Council Agenda - Matters for Noting/Information. 38

12.5   Review of WALGA State Council Agenda - Organisational Reports (Attachments) 39

12.6   Review of WALGA State Council Agenda - Policy Forum Reports. 40

12.7   WALGA President’s Report (Attachment) 40

13.       Agency Reports. 40

13.1   Department of Local Government and Communities. 40

14.       LATE ITEMS as notified, introduced by decision of the Meeting. 40

14.1   Traineeships. 40

15.       FUTURE MEETINGS/FUNCTIONS. 41

16.       CLOSURE OF MEETING.. 41


 

Goldfields Voluntary Regional Organisation of Councils (GVROC)

 

 

An in-person meeting of the GVROC Council held Friday 27 November 2015, commencing at 9.11am

 

MINUTES

 

 

1.        OPENING AND WELCOME

 

Cr Cullen opened the meeting at 9.11am, welcoming all in attendance.  He also extended GVROC’s sympathy to those effected by the recent Esperance fires, noting that Member Councils would assist the Shire of Esperance where possible.

 

2.        DECLARATION OF INTEREST

 

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

 

3.        RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

 

3.1         Attendance

 

Cr Mal Cullen (Chair)                                                                                    President, Shire of Coolgardie

Cr Tracey Rathbone                                                                          Deputy President Shire of Coolgardie

Mr Paul Webb                                                                                                    CEO, Shire of Coolgardie

Cr Jacquie Best                                                                                                President Shire of Dundas

Mr Doug Stead                                                                                                        CEO Shire of Dundas

Cr Victoria Brown                             President, Shire of Esperance (entered the meeting via teleconference

                                                                                                                         at approximately 9.30am)

Cr Basil Parker                                Councillor, Shire of Esperance (entered the meeting via teleconference

                                                                                                                         at approximately 9.30am)

Mr Matthew Scott                                     CEO, Shire of Esperance entered the meeting via teleconference

                                                                                                                         at approximately 9.30am)

Mayor John Bowler                                                                                Mayor, City of Kalgoorlie-Boulder

Cr Suzie Williams                                                                              Councillor, City of Kalgoorlie-Boulder

Mr Rob Radosevich                                                                              A/CEO, City of Kalgoorlie-Boulder

Cr Patrick Hill                                                                                                 President, Shire of Laverton

Cr Shaneane Weldon                                                                          Deputy President, Shire of Laverton

Mr Steve Deckert                                                                                                  CEO, Shire of Laverton

Cr Peter Craig                                                                                                  President Shire of Leonora

Mr Jim Epis                                                                                                           CEO, Shire of Leonora

Cr Jill Dwyer                                                                                                   President, Shire of Menzies

Cr Jamie Mazza                                                                                              Councillor, Shire of Menzies

Mr Pascoe Durtanovich                                                                                       A/CEO, Shire of Menzies

Cr Keith Dunlop                                                                                      President, shire of Ravensthorpe

Cr Ian Goldfinch                                                                                     Councillor, Shire of Ravensthorpe

Mr Ian Finch                                                                                                  CEO, Shire of Ravensthorpe

Cr Jim Quadrio                                                                                                   President Shire of Wiluna

Cr Graeme Harris                                                                                   Deputy President, Shire of Wiluna

Mr Dean Taylor                                                                                                      A/CEO Shire of Wiluna

 

Ms Helen Westcott, Joint Executive Officer

 

3.2         Apologies

 

Cr Beverley Stewart, Shire of Esperance

Shire Ngaanyatjarraku

 

Mr Bruce Wittber, Joint Executive Officer

 

3.3         Guests

 

Ms Mandi Warry (entered the meeting at 10.30am)

Mr Gary Angel, Principal Strategy Officer, Strategy, Research and Initiatives, Department of Local Government and Communities (entered the meeting at approximately 9.30am)

 

3.4         WALGA Representatives

 

Ms Joanne Burges, Regional Cooperation Manager WALGA (entered the meeting at approximately 9.30am)

 

 

 

4.        ANNOUNCEMENTS AND ELECTION OF STATE COUNCIL REPRESENTATIVE

 

4.1         Delegates and Deputy Delegates to Zone

 

Reporting Officer:                    Helen Westcott, Executive Officer/Returning Officer

 

Disclosure of Interest:              No interest to disclose

 

Date:                                        23 November 2015

 

Attachments:                           Nil

 

Following the biennial local government elections Member Councils are to appoint delegates and deputy delegate(s) to the Goldfields Voluntary Regional Organisation of Council (GVROC) and the Goldfields Esperance Country Zone (GECZ).

 

At the time of writing the agenda Member Councils had advised their delegates and deputy delegates as follows:

 

Delegates to GVROC

 

Council

Delegates

Deputy Delegates

Shire of Coolgardie

TBA

TBA

Shire of Dundas

TBA

TBA

Shire of Esperance

Cr Victoria Brown

Cr Beverly Stewart

Cr Basil Parker

City of Kalgoorlie-Boulder

Mayor John Bowler

Cr Suzie Williams

Cr Laurie Ayers

Shire of Laverton

TBA

TBA

Shire of Leonora

Cr Peter Craig

Mr Jim Epis

Cr Matt Taylor

Ms Tanya Browning

Shire of Menzies

Cr Jill Dwyer

Cr Jamie Mazza

Cr Keith Made

CEO

Shire of Ngaanyatjarraku

TBA

TBA

Shire of Ravensthorpe

Cr Keith Dunlop

Cr Ian Goldfinch

TBA

Shire of Wiluna

TBA

TBA

 

The delegates and deputies to the GECZ were as for GVROC where information had been provided.

 

The above details are for information purposes only.

 

No decision required.

 

 

4.2         Election of WA Local Government Association State Council Representative and Deputy State Council Representative

 

Reporting Officer:                    Helen Westcott, Executive Officer/Returning Officer

 

Disclosure of Interest:              No interest to disclose

 

Date:                                        23 November 2015

 

Attachments:                           Nil

 

Background:

 

At the GVROC Council Meeting Friday 28 August 2015 it was resolved as follows:

 

RESOLUTION:                Moved: Cr Harris                       Seconded: Cr Cullen

That:

1.   Member Councils be requested to advise the Executive Officer of their delegates to the Zone as soon as possible after the 2015 Local Government elections; and

2.   that the election of the Zone’s State Council representative, State Council deputy representative, Zone President and Zone Deputy President and Zone Executive Committee be conducted at the Zone meeting scheduled for Friday 27 November 2015.

CARRIED

 

Executive Officer Comment:

 

Nominations for the positions of State Council Representative and State Council Deputy Representative were called on Friday 23 October and closed on Friday 20 November 2015.  All Member Councils have been advised of the outcome of the nomination process.

 

At the close of nominations 4.00pm on Friday 20 November 2015 no nominations had been received for either vacancy.  As there were no nominations for the either position for the period 2015-2017 nominations will be invited from the floor of the meeting.

 

The following process will be followed in regard to the election for the position of both State Council Representative and Deputy State Council Representative:

 

§ The Returning Officer will invite nominations from the floor for the each position, with the election of the State Council Representative to be conducted first;

§ Should a ballot be required the following process will be followed:

Prior to the ballot nominees for the position will be extended the opportunity to provide a two (2) minute election bid to delegates;

The ballot will conducted as a secret ballot;

Each voting delegate will be entitled to cast one (1) vote in the ballot process, with the “first past the post” method of election being used; and

The candidates with the greater number of votes will be elected with the result being announced to the meeting.

 

Following the election of the State Council Representative the election of the Deputy State Council Representatives will be conducted.

 

It should be noted that WALGA has advised the following in regard to a “Tied Vote” for State Council Representative:

Tied vote – in the event of a tied vote, election will be determined by drawing names from a box.  The Secretariat will put the names of the candidates concerned in a box and the first name drawn is the Elected Member.

 

State Council Representative Nomination

As there were no written nominations for the position of State Council Representative for the period 2015-2017 the Returning Officer invited nominations from the floor of the meeting.

                                                                                                             

Cr Cullen was nominated by Cr Rathbone. Mayor Bowler supported the nomination.

 

Cr Cullen accepted the nomination.

 

There being no further nominations Cr Cullen was elected to the position of State Council Representative for the period 2015-2017.

 

Election Deputy State Council Representative

As there were no written nominations for the position of Deputy State Council Representative for the period 2015-2017 the Returning Officer invited nominations from the floor of the meeting.

                                                                                                             

Cr Williams was nominated by Cr Cullen.  Cr Rathbone supported the nomination.

 

Cr Williams accepted the nomination.

 

There being no further nominations Cr Williams was elected to the position of Deputy State Council Representative for the period 2015-2017.

 

5.        Election of Chair and Deputy Chair to the Goldfields Voluntary Regional Organisation of Councils

 

5.1         Election of Chair and Deputy Chair to the Goldfields Voluntary Regional Organisation of Councils

 

Reporting Officer:                    Helen Westcott, Executive Officer/Returning Officer

 

Disclosure of Interest:              No interest to disclose

 

Date:                                        23 November 2015

 

Attachments:                           Nil

 

On Friday 23 October 2015 notice was given that at the GVROC Council Meeting to be held on Friday 27 November 2015 an election would be conducted for the positions of Chair and Deputy Chair of the GVROC. As the GVROC and the Goldfields Esperance Country Zone of WALGA (GECZ) operate as a single entity these elections are also in respect to the GECZ, ie for the positions of President and Deputy President. The term of appointment is for a two year period ending no later than November 2017.

 

Nominations for the positions of Chair and Deputy Chair will be invited from the floor of the meeting.

The procedure for the conduct of this election is as follows:

 

§ Prior to the ballot, nominees (should there be more than one nomination) for each position will be extended the opportunity to provide a two minute election bid to delegates;

§ The ballot will conducted as a secret ballot;

§ Each voting delegate to the GVROC will be entitled to cast one (1) vote in the ballot process, with the “first past the post” method of election being used; and

§ The candidate with the greater number of votes will be elected.

 

In the event of a tie between two candidates a second ballot will be conducted immediately.

 

Should the second ballot also be a tie, lots will be drawn and the name drawn first will be the successful candidate.

 

Cr Cullen was nominated by Cr Rathbone for the position of GVROC Chair.  Cr Best supported the nomination.

 

Cr Cullen accepted the nomination.

 

There being no further nominations Cr Cullen was elected to the position of GVROC Chair for the period 2015-2017.

Mayor Bowler was nominated by Cr Williams for the position of GVROC Deputy Chair.  Cr Craig supported the nomination.

 

Mayor Bowler accepted the nomination.

 

There being no further nominations Mayor Bowler was elected to the position of GVROC Deputy Chair for the period 2015-2017.

 

 

6.      Election of Chair and Deputy Chair to the Goldfields Esperance Regional Collaborative Group

 

6.1         Appointment of Chair and Deputy Chair to the Goldfields Esperance Regional Collaborative Group

 

Reporting Officer:                    Helen Westcott, Executive Officer

 

Disclosure of Interest:              No interest to disclose

 

Date:                                        23 November 2015

 

Attachments:                           Nil

 

Background:

Clause 3.2 of the Agreement for the Goldfields Esperance Regional Collaborative Group (GERCG) provides direction as to the election of the Chair and Deputy Chair to the GERCG.  Clause 3.2 states as follows:

 

On establishment of the RCG the Chair of the GVROC will be appointed Chair of the RCG and the Deputy Chair of the GVROC will be appointed Deputy Chair of the RCG. Appointment of a future Chair and Deputy Chair of the RCG shall be determined by the Board in accordance with clause 3.4.

 

Clause 3.4 refers to decisions of the Board, stating as follows:

 

Board meeting procedures shall be determined by the Board, and decisions shall be made by ordinary majority.

 

Executive Officer Comment:

With the elections for Chair and Deputy Chair to the GVROC just held it is considered relevant to reaffirm the positions of Chair and Deputy Chair to the GERCG.

 

RECOMMENDATION:

 

That the Chair of the GVROC be appointed Chair of the GERCG and the Deputy Chair of the GVROC be appointed Deputy Chair of the GERCG.

 

 

RESOLUTION                 Moved: Cr Goldfinch               Seconded: Mr Epis

That the Chair of the GVROC be appointed Chair of the GERCG and the Deputy Chair of the GVROC be appointed Deputy Chair of the GERCG.

CARRIED

 

 

7.        GUEST SPEAKERS/PRESENTATIONS

 

7.1    Ms Mandi Warry Former Manager Goldfields Tourism Network Association –Update on the Goldfields Exhibits at the 2015 Royal Show (Attachment)

 

Just after the October GVROC Council Meeting the Executive Officer was contacted by Ms Mandi Warry, Manager of the Goldfields Tourism Network Association (GTNA) to see whether a time could be made available for her to provide an update to Member Councils on the success of the Goldfields Exhibits at the recent Perth Royal Show.

 

The Executive Officer agreed to make a 15 minutes time available for her to meet with GVROC Council.

 

As Member Councils may be aware, the Goldfields District Display met with considerable success at the Perth Royal Show gaining first place in the category “District Displays Northern Region”, achieving highest points in the following sections of the competition:

 

§ Best Arrangement;

§ Best Display of Gemstones;

§ Best Display of Mineral;

§ Best Display of Natural Resources and Environment; and

§ Best Display of Wood Products/Timber.

 

Since that time Ms Warry has resigned as the Manager GTNA.  Mr Neil McGilp is the GTNA’s new Manager.  It is the Executive Officer’s intention to make contact with him early in the New Year to extend an invitation for him to meet with GVROC Council to explain the GTNA’s budget request for 2016/2017.

 

Executive Officer Additional Officer Comment:

 

A copy of the PowerPoint presentation made available by Mandi Warry forms an attachment to the minutes of the meeting.

 


 

8.        MINUTES OF MEETINGS

 

8.1    Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Council held Thursday 8 October 2015 (Attachment)

 

Minutes of the GVROC Council Meeting held Thursday 8 October 2015 have previously been circulated to Member Councils.

 

RECOMMENDATION:

 

That the Minutes of the GVROC Council Meeting held Thursday 8 October 2015 be confirmed as a true and correct record of proceedings.

 

 

EN BLOC

RESOLUTION:                     Moved: Cr Williams                    Seconded: Cr Hill

That the Minutes of the GVROC Council Meeting held Thursday 8 October 2015 be confirmed as a true and correct record of proceedings.

CARRIED

 

8.2    Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Council held Friday 6 November 2015 (Attachment)

 

Minutes of the GVROC Council Meeting held Friday 6 August 2015 have previously been circulated to Member Councils.

 

RECOMMENDATION:

 

That the Minutes of the GVROC Council Meeting held Friday 6 November 2015 be confirmed as a true and correct record of proceedings.

 

 

EN BLOC

RESOLUTION:                     Moved: Cr Williams                    Seconded: Cr Hill

That the Minutes of the GVROC Council Meeting held Friday 6 November 2015 be confirmed as a true and correct record of proceedings.

CARRIED

 

8.3    Business Arising from a Meetings of the Goldfields Voluntary Regional Organisation of Councils (GVROC) - November 2015 Status Report

 

The Executive Officer will provide a report to the meeting.

 

Executive Officer Additional Comment:

In working through the business arising from previous meetings the A/CEO Shire of Menzies advised the Shire of Menzies would not be able to participate in the GVROC solar PV project as Horizon Power had allocated the remaining power capacity to another business within the Menzies townsite.

 

It was agreed that this matter required urgent resolution.

 

RECOMMENDATION:

 

That the Executive Officer’s report be received.

 

 


 

EN BLOC

RESOLUTION:                     Moved: Cr Williams                    Seconded: Cr Hill

That:

1.   The Executive Officer’s report be received; and

2.   The Executive Officer liaise with the City of Kalgoorlie-Boulder and the Shire of Menzies on the problems associated with the GVROC solar PV project.

CARRIED

 

8.4         Matters for Noting

 

1.   Correspondence from Hon Stephen Dawson MLC, Member for Mining and Pastoral Region re the GVROC submission on the review of State electoral region and district boundaries; and

2.   On Wednesday 28 October the Minister for Police released a media statement regarding the appointment of Mr Kin Papalia as WA’s first Road Safety Commissioner.  Mr Papalia has also been appointed to the position of Chair of the Road Safety Council.  A copy of the media statement can be found by following the following link:

https://www.mediastatements.wa.gov.au/Pages/Barnett/2015/10/Permanent-Road-Safety-Commissioner-appointed.aspx.

 

RECOMMENDATION:

 

That the papers detailed in Item 8.4 be noted.

 

 

EN BLOC

RESOLUTION:                     Moved: Cr Williams                    Seconded: Cr Hill

That the papers detailed in Item 8.4 be noted.

CARRIED

 

 

9.        GVROC FINANCE

 

9.1    Financial Statements for period ending 31 October 2015 and Accounts for Payment (Attachment)

 

From  Executive Officer

 

Background:

 

Presenting the unaudited financial statement for the period 1 July 2015 to 31 October 2015 and the accounts for payment for the period 1 October to 15 November 2015

 

Financial Statement:

 

The Executive Officer provides the following comment:

1.   Account 501 - Members subscriptions – at the 31 October three Member Councils had not paid their annual subscription. The members have been reminded.

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

3.   Accounts 1513 and 1514 – Executive Officer Services – payment for Executive Officer Services and expenses incurred such as travel and accommodation.

4.   Account 1555 – Included in this account is expenditure for the farewell dinner for Ron Yuryevich at the GVROC Meeting on 8 October.

5.   Account 512 - Project General Contributions - at the 31 October three Member Councils had not paid their Contribution.  See Note 1.

6.   Account 515 - DLG Grant Asset Management – these funds have been transferred from the City of Kalgoorlie-Boulder. During August 2015 the City of Kalgoorlie-Boulder transferred the balance of the grant funds to GVROC to administer.

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

8.   Account 1848 – DLG Asset Management Business Case – the management of this project has recently transferred to GVROC.

 

 

Accounts Paid:

 

Cheque

Date

Payee

For

Amount incl GST

EFT

131015

Up to Date Accounting

Accounting September 2015

475.20

EFT

151015

BHW Consulting

Reimbursement for:

§ GVROC Meeting Expenses 28 July 2015,

§ GVROC Meeting Expenses LG Week Meetings,

§ GVROC Meeting Expenses 4 September 2015,

§ GVROC Meeting Expenses 8 October 2015,

§ Farewell Dinner 7 October 2015

7,680.39

EFT

101115

AMD Accountants

Audit Costs

2,739.00

EFT

101115

Goldfields Tourism Network

Attendance on behalf of GVROC at CMCA Rally Albany

6,990.00

EFT

101115

Up to Date Accounting

Accounting October 2015

330.00

EFT

101115

ATO

September 2015 Quarterly BAS

26,389.00

TOTAL $44,603.59

 

 

RECOMMENDATION:

 

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

2.   That the Accounts Paid for the period 1 October to 15 November 2015 totalling $44,603.59 be approved.

 

 

RESOLUTION:                Moved: Cr Hill                         Seconded: Cr Rathbone

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

2.   That the Accounts Paid for the period 1 October to 15 November 2015 totalling $44,603.59 be approved.

CARRIED

 


 

10.      GOLDFIELDS RECORDS STORAGE FACILITY - FINANCE AND OTHER MATTERS

 

10.1       Financial Statement for the Period ending 31 August 2015

 

Reporting Officer:                    Rob Radosevich, A/CEO City of Kalgoorlie-Boulder

Yvette Hargreaves, Manager Goldfields Records Storage Facility

Helen Westcott, Executive Officer

 

Disclosure of Interest:              No interest to disclose

 

Date:                                        16 November 2015

 

Attachments:                           Financial Statement for the Goldfields Records Storage Facility for the period ending 31 October 2015

 

Background:

The A/CEO City of Kalgoorlie-Boulder will provide comment on the financial statement for the Goldfields Records Storage Facility.

 

The Manager Goldfields Records Storage Facility has provided the following progress report on the Goldfields Records Storage (GRS) for the period ending 31 October 2015:

 

§ GRS now have 3171 boxes in storage and 83 Clients (an additional 3 new clients have started using the facility since the last report was provided).  All have utilised the facility’s destruction service;

§ The past two  months has been very quiet, a reflection on the downturn in the region’s economy; and

§ In the quarter ending 31 October 2015 nine boxes of documents were destroyed as were 33 bins of papers and 71 additional boxes were placed in storage for existing clients.

 

It should be noted that a detailed report on the GRS was provided to GVROC when it met on Thursday 8 October 2015.

 

Executive Officer Comment:

No further comment required.

 

Consultation:                           Nil

 

Voting Requirement:               Simple majority

 

RECOMMENDATION:

 

That the Provisional Financial Statement for period ending 31 August 2015 for the Goldfields Records Storage Facility, as attached, be received.

 

 

RESOLUTION:                Moved: Cr Williams                 Seconded: Cr Rathbone

That the Provisional Financial Statement for period ending 31 August 2015 for the Goldfields Records Storage Facility, as attached, be received.

CARRIED

 


 

11.      GVROC BUSINESS

 

11.1       Goldfields Esperance Regional Investment Blueprint – Submission from the Goldfields Voluntary Regional Organisation of Councils (Attachment)

 

Reporting Officer:           Helen Westcott, Executive Officer

 

Disclosure of Interest:              No interest to disclose

 

Date:                              18 November 2016

 

Attachments:                           GVROC’s Submission to the Goldfields Esperance Development Commission

 

Background:

A draft of the Goldfields Esperance Regional Investment Blueprint was available for public comment until Wednesday 11 November 2015.

 

In discussing the draft Blueprint with GVROC’s Member Councils at a meeting held Thursday 8 October 2015, the GEDC’s CEO, Shayne Flanagan, provided background to the Blueprint’s preparation. In discussing the work undertaken by the GEDC in drafting the Blueprint he explained the purpose of the Blueprint, once finalised, would be to:

 

§ Roadmap for social and economic change out to 2050;

§ Shift focus from ‘where we are going’ to ‘where we want to be’;

§ A whole-of-region strategy; and

§ Guide public and private sector investment and effort.

 

Following its meeting with Shayne Flanagan, the GVROC considered whether it should prepare a submission.  GVROC Council resolved as follows:

 

RESOLUTION:                Moved: Cr Williams                   Seconded: Cr Stewart

That GVROC:

1.   prepare a submission on the draft Goldfields Esperance Regional Investment Blueprint; and

2.   hold a teleconference meeting on Friday 6 November 2015 commencing at 8.00am for the purpose of reviewing and adopting a submission on the draft Goldfields Esperance Regional Investment Blueprint.

CARRIED

 

A draft submission was prepared for consideration by the GVROC Council when it met by teleconference on Friday 6 November 2015.  At this time GVROC resolved as follows:

 

RESOLUTION:                Moved: Mr Epis                        Seconded: Cr Harris

That:

1.   Subject to any changes agreed to, the Goldfields Voluntary Regional Organisation of Councils endorses the submission prepared on the draft Goldfields Esperance Regional Investment Blueprint;

2.   The Executive Officer finalise and submit the Goldfields Voluntary Regional Organisation of Councils’ submission prior to the close of business on Wednesday 11 November 2015; and

3.   The submission be presented for ratification at the Goldfields Voluntary Regional Organisation of Councils Meeting to be held in Kalgoorlie on Friday 27 November 2015.

CARRIED

 

Executive Officer Comment:

The Executive Officer finalised the GVROC’s submission lodging it prior to the close of public submissions on Wednesday 11 November 2015.

 

In an email dated Wednesday 18 November 2015 the Executive Officer was advised that the GVROC’s submission had been received.  The email advised that all submissions received will be carefully considered by the GEDC as it finalise the Blueprint for the region. A specific response to the GVROC’s submission will provided in due course.

 

RECOMMENDATION:

 

That GVROC endorse the submission prepared on the draft Goldfields Esperance Regional Investment Blueprint as presented.

 

 

RESOLUTION:                     Moved: Cr Best                           Seconded: Cr Rathbone

That GVROC endorse the submission prepared on the draft Goldfields Esperance Regional Investment Blueprint as presented.

CARRIED

 

 

 

11.2  Increase in the Emergency Services Levy

 

Reporting Officer: Helen Westcott, Executive Officer

 

Disclosure of Interest:             Nil

 

Date:                                        30 September 2015

 

Attachments:                           Nil

 

Background:

The impact of ongoing increases in the Emergency Services Levy (ESL) on Local Government was considered by the GVROC when it met on Thursday 8 October 2015, at which time it resolved as follows:

 

RESOLUTION:                Moved: Cr Harris                       Seconded: Cr Best

That GVROC:

1.   note the continuing disproportionate increases in the Emergency Services Levy and request that WALGA develop a strategy to advocate to the State Government for a return to the original intent of the funding arrangements including an increased allocation from consolidated revenue.

2.   through its Member Councils prepares a petition to the President and Members of the Legislative Council of the Parliament of Western Australia seeking to have an inquiry into the disproportionate increases in the Emergency Services Levy and the decline in the proportion of funding from consolidated revenue.

CARRIED

 

Executive Officer Comment:

WALGA is aware of Local Government’s concerns.  As such it is in the process of preparing a discussion paper on the review of the Local Government Capital Grants Scheme and the ESL Administration fee paid to Local Government via the Scheme.

 

As part of this advocacy strategy, the WALGA President has met with the Minister for Emergency Services; Corrective Services; Small Business; Veterans on this issue.  The Minister has announced a review of the Local Government Capital Grants Scheme. This is being led by the Department of Fire and Emergency Services.  The Minister supports local government input into the operation of this Scheme and welcomed WALGA’s involvement in the review.

 

At the time of writing this article the Executive Officer has not progressed the petition as per the resolution taken by GVROC on Thursday 8 October 2015.  Given the advocacy work currently being undertaken by WALGA there may be merit in deferring this action until such time as the outcome of WALGA’s efforts is known.

 

RECOMMENDATION:

 

That the matter of GVROC preparing a petition through its Member Councils to the President and Members of the Legislative Council of the Parliament of Western Australia seeking to have an inquiry into the disproportionate increases in the Emergency Services Levy and the decline in the proportion of funding from consolidated revenue lay on the table until such time as the outcome of review of the Local Government Capital Grants Scheme being led by the Department of Fire and Emergency Services is known.

 

 

RESOLUTION:                Moved: Cr Williams                 Seconded: Cr Craig

That:

1.   the matter of GVROC preparing a petition through its Member Councils to the President and Members of the Legislative Council of the Parliament of Western Australia seeking to have an inquiry into the disproportionate increases in the Emergency Services Levy and the decline in the proportion of funding from consolidated revenue lay on the table until such time as the outcome of review of the Local Government Capital Grants Scheme being led by the Department of Fire and Emergency Services is known; and

2.   GVROC extend an invitation to the Minister for Emergency Services to GVROC Council Meeting to be held in Esperance on Friday 29 January 2016.

CARRIED

 

 

 

11.3       Southern Rangelands Workshop in Geraldton on Thursday 29 October 2015

 

Reporting Officer:                    Helen Westcott, Executive Officer

 

Disclosure of Interest:             No interest to disclose

 

Date:                                        16 November 2015

 

1.         Attachments:                  Southern Rangelands BlueSheet

 

Background:

As Member Councils are aware, GVROC was invited to attend a Southern Rangelands workshop in Geraldton on Thursday 29 October 2015.  Following discussion round whether GVROC should attend the workshop it was resolved as follows:

 

RESOLUTION:                Moved: Cr Williams                   Seconded: Cr Cullen

That:

1.   Cr Harris be supported by GVROC as its nominated representative to the Southern Rangelands Workshop to be held in Geraldton on Thursday 29 October 2015; and

2.   GVROC approve the Executive Officer attending the Workshop should Cr Harris be unable to attend.

CARRIED

 

Executive Officer Comment:

Councillors Quadrio and Harris attended the workshop on Thursday 29 October.  A copy of the action sheet prepared following the workshop forms an attachment to the meeting agenda.

 

Councillors Quadrio and Harris may wish to make comment on the actions agreed to at the meeting.

 

The Executive Officer believes that GVROC should participate in future meetings/activities of the Southern Rangelands NRM. If this was agreed to it would necessitate a representative being appointed from within GVROC’s membership (either a Member Council or the Executive Officer being tasked with undertaking the role on the GVROC’s behalf).  The appointed representative would need to be available to attend meetings of the group.  At this point meetings are scheduled for:

 

§ Sometime prior to Christmas 2015 (this meeting will see the establishment of a Working Group to establish mechanisms for regional leaders to work collaboratively, thereby creating a more sustainable Southern Rangelands; and

§ A follow up workshop in April 2016 to measure the impact of the work undertaken that point.

 

Executive Officer Additional Comment:

 

Councillors Quadrio and Harris provided Member Councils with feedback on the meeting.  Points highlighted included:

 

§ GVROC should continue to be involved in the work being undertaken by the Southern Rangelands NRM;

§ Each of the regions included within the Southern Rangelands NRM’s boundaries – the Gascoyne Development Commission, the Goldfields Esperance Development Commission (GEDC) and the Midwest Development Commission - were invited to attend the workshop.  The GEDC did not attend.

§ A working group has been established to work out the next steps in the process to allow for the revitalisation of the pastoral industry across the region;

§ It was recognised that the working group’s membership need to include pastoralists and other industry representatives; and

§ Discussions were held around the need for diversification and the potential for funding from the State Government’s “Water for Food Program”.

 

Consultation:                           Nil

 

Voting Requirement:               Simple majority

 

The matter is presented for consideration by Member Councils.

RECOMMENDATION:

 

That:

1.   GVROC continue its association with the Southern Rangelands NRM; and

2.   _________ be appointed as the GVROC’s representative to the Southern Rangelands NRM.

 

 

RESOLUTION:                Moved: Cr Harris                     Seconded: Cr Williams

That:

1.   GVROC continue its association with the Southern Rangelands NRM; and

2.   Cr Quadrio be appointed as the GVROC’s representative to the Southern Rangelands NRM.

CARRIED

 


 

11.4       GVROC Meeting with the Director General Department of Mines and Petroleum, Mr Richard Sellers on Thursday 8 October 2015

 

Reporting Officer:                    Helen Westcott, Executive Officer

 

Disclosure of Interest:             No interest to disclose

 

Date:                                        16 October 2015

 

Attachments:                           Correspondence from Mr Tony Bullen, Acting Executive Director Mineral Titles Division, Department of Mines and Petroleum

 

Background:

In meeting with Member Councils on Thursday 8 October 2015, Mr Richard Sellers, Director General Department of Mines and Petroleum, undertook to provide further information on a number of issues raised during the meeting.  A copy of correspondence prepared providing response to some of the matters raised during the meeting form an attachment to the meeting agenda.

 

Executive Officer Comment:

The Executive Officer seeks direction as to whether any further action resulting from the receipt of this correspondence is required.

 

This direction will assist in providing topics for discussion with representatives from the Department of Mines and Petroleum at the GVROC Meeting to be held in Esperance on Friday 29 January 2016 (In the discussion that followed GVROC’s Meeting with the Directors General from the Department of Planning and the Department of Mines and Petroleum it was agreed that representatives of the Department of Mines and Petroleum and Department of Planning be invited to attend the January and August meetings of GVROC.

 

Executive Officer Additional Comment:

Member Councils put forward the following issues for discussion with representatives from the Department of Planning and Department of Mines and Petroleum at the GVROC Council Meeting scheduled for Friday 29 January 2016:

 

§ The increasing environmental constraints being placed upon prospectors when lodging applications to mine;

§ The return of rates by a local government when a mining lease is surrendered; and

§ The urgent need for “town sterilisation” so towns can be developed – without this the future development of the Coolgardie and Ravensthorpe townsites cannot take place;

 

There was also some discussion around the future of work that had been undertaken by WALGA’s Mining Policy Forum as the future of all policy forums was being considered.

 

Consultation:                           Nil

 

Voting Requirement:               Simple majority

 

The matter is presented for consideration by Member Councils.

 

 

RESOLUTION:                Moved: Mayor Bowler              Seconded: Cr Rathbone

That the Minister for Mines be invited to the GVROC Council Meeting to be held in Esperance on Friday 29 January 2016.

CARRIED

 


 

11.5       GERCG Implementation (Asset Management) Project

 

Reporting Officer:                    Rob Radosevich, A/CEO City of Kalgoorlie-Boulder

John O’Sullivan, Manager Assets and Procurement, City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

 

Disclosure of Interest:             Nil

 

Date:                                        9 November 2015

 

Attachments:                           National Asset Framework Assessment Report 2015

 

Background:

John O’Sullivan, the City of Kalgoorlie-Boulder’s Manager Assets and Procurement, will provide a report on the GERCG’s asset management project, specifically the preparation of the National Asset Framework Assessment Report 2015, a copy of which forms an attachment to the meeting agenda.

 

The report contains a proposal for GVROC’s Member Councils to obtain regional licensing and training for NAMs Plus 3.  The proposal with associated costings forms Appendix B of the report.

 

He will also briefly speak about the study he is looking to commence in early 2016 of GVROC’s asset renewal gaps based on the latest available valuations.

 

Executive Officer Comment:

GVROC Council will need to consider adoption of the proposal.  Adoption of such a proposal will allow continued implementation of the findings of the earlier work undertaken by the GERCG with funding made available to it by the State Government.  Adoption of the proposal will allow continued implementation of the findings of the earlier work undertaken by the GERCG with funding made available to it by the State Government.

 

Consultation:                           Nil

 

Voting Requirement:               Simple majority

 

RECOMMENDATION:

 

That GVROC:

1.   Endorse the National Asset Framework Assessment Report 2015 as prepared by the City of Kalgoorlie-Boulder’s Manager Assets and Procurement, including the proposal for regional Licensing and training for NAMs Plus 3; and

2.   Request that all Member Councils allocate funding in their 2016/2-2017 budgets for participation in the regional Licensing and training for NAMs Plus 3.

 

 

RESOLUTION:                Moved: Cr Hill                         Seconded: Cr Williams

That GVROC:

1.   Endorse the National Asset Framework Assessment Report 2015 as prepared by the City of Kalgoorlie-Boulder’s Manager Assets and Procurement, including the proposal for regional Licensing and training for NAMs Plus 3; and

2.   Request that all Member Councils allocate funding in their 2016/2-2017 budgets for participation in the regional Licensing and training for NAMs Plus 3.

CARRIED

 

Ms Mandi Warry entered the meeting at 11.00am

 

 

RESOLUTION:                Moved: Cr Hill                         Seconded: Mr Epis

That the meeting adjourn for morning tea.

CARRIED

 

 

The meeting adjourned at 11.02am

 

The meeting resumed at 11.22am

 

 

RESOLUTION:                Moved: Cr Hill                         Seconded: Mr Epis

That the meeting resume.

CARRIED

 

At this point the meeting considered Agenda Item 7.1 but for the purposes of the minutes the item is considered in order of the agenda.

 

Mandi Warry left the meeting at 11.02am

 

 

 

11.6       Training for Country Councillors - Phase 3

 

Reporting Officer:           Helen Westcott, Executive Officer

 

Disclosure of Interest:              No interest to disclose

 

Date:                              20 October 2016

 

Attachments:                           Nil

 

Background:

 

As Member Councils are aware, WALGA and the Department of Local Government and Communities are working in partnership to provide high level training opportunities for Country Local Government councillors.  Using WALGA’s Diploma of Local Government (Elected Member) as its framework, a 4 day program is being delivered in regional locations across Western Australia.  Phase 3 of this training will take place during the first half of 2016.

 

The following Training for Country Councillors will be held in Esperance and Kalgoorlie:

 

Title

Date

Serving on Council (Esperance)

27 January 2016

Meeting Procedures and Debating (Esperance)

28 January 2016

Land Use Planning (Kalgoorlie)

18 February 2016

Strategy and Managing Risk (Kalgoorlie)

19 February

 

Each course runs from 9.00am through until 4.30pm and the cost in attending is $50 (GST exempt) per participant per course.

 

Executive Officer Comment:

 

The training is being offered at heavily subsidised prices and represents an excellent opportunity for Councillors, both newly elected and those looking to build their skills level.

 

Executive Officer Additional Comment:

Cr Rathbone also raised the matter of training for Mayors/Presidents and their deputies to be held in Perth on Monday 7 December, enquiring whether it would be possible to have this training offered in Esperance in late January next year when other training is also scheduled.

 

RECOMMENDATION:

 

That Member Councils be encouraged to participate in the training opportunities being offered by WALGA and the Department of Local Government and Communities during the first half of 2016.

 

 

RESOLUTION:                Moved: Cr Hill                         Seconded: Cr Best

That:

1.   Member Councils be encouraged to participate in the training opportunities being offered by WALGA and the Department of Local Government and Communities during the first half of 2016;

2.   The Executive Officer enquire whether the training session for Mayors/Presidents and their deputies could also be offered to Member Councils as part of the training scheduled to be held on Esperance in late January 2016.

CARRIED

 

 

 

11.7       Elected Members Training – Local Government Finance

 

Reporting Officer:                    Ian Fitzgerald, CEO Shire of Ravensthorpe

Helen Westcott, Executive Officer

 

Disclosure of Interest:              No interest to disclose

 

Date:                              18 November 2015

 

Attachments:                           Nil

 

Background:

The Shire of Ravensthorpe recently received correspondence from accounting firm Moore Stephens regarding new training offering specifically developed for elected members on the topic of Local Government finance.  A copy of the email is provided below for Member Councils information.

 

From: Moore Stephens [mailto:pbobek=moorestephens.com.au@mail187.atl81.rsgsv.net] On Behalf Of Moore Stephens
Sent: Wednesday, 18 November 2015 9:04 AM
To: Ian Fitzgerald
Subject: Elected members training- Local Government Finance 

 

Moore Stephens WA
 

View this email in your browser

https://gallery.mailchimp.com/173004042d29aabe5807ec943/images/a90fcc96-08e2-487d-8709-cfda60e404eb.png

ELECTED MEMBERS TRAINING – LOCAL GOVERNMENT FINANCE

Moore Stephens would like to introduce our new training offering specifically developed for Elected Members on the topic of Local Government Finance. A number of recent enquiries concerning training for Elected Members has encouraged us to develop this dedicated training offering. The training is delivered onsite at your location (or on a regional basis) in recognition of the limited time Elected Members have to attend formal training.


We have structured the fee on a per participant basis (plus any out of pocket travel and accommodation costs) subject to a minimum number of participants. The fee also includes a guide in support of the presentation. The venue and any refreshments are the responsibility of the host local government.

Please click
here for a flyer with details of the training content. The timing of the delivery may be modified to meet your needs with the standard duration being 3.5 hours.
The fee per participant is $360 + GST with a minimum number of five (5) participants. For numbers of 10 and above a maximum fee can be negotiated.

Due to the recent Local Government elections you may have a number of new Elected Members and we believe our training in Local Government finance would be of great benefit as part of their induction. The content is also very useful for existing Elected Members as it provides an excellent overview of Local Government finance with a strong focus on strategic financial issues.


If you are interested and would like to know more please contact me on 9444 3400.

Paul Breman

DIRECTOR

 

 

 

 

www.moorestephenswa.com.au / 9444 3400 / Email Us

Disclaimer

Moore Stephens newsletter aims to provide information of general interest to our readers. The content of this alert does not constitute specific advice. Readers are encouraged to consult Moore Stephens for advice on specific matters. Liability limited by a scheme approved under Professional Standards Legislation.

 

Copyright © 2015 Moore Stephens. All rights reserved.

unsubscribe from this list 

 

Executive Officer Comment:

Ian Fitzgerald, CEO, Shire of Ravensthorpe believes this course may have value for GVROC’s membership and was looking to have the matter discussed to determine whether there was sufficient interest to have a course delivered within the region.

 

The matter is presented for consideration by Member Councils.

 

 

RESOLUTION:                Moved: Cr Dunlop                   Seconded: Cr Craig

That the Executive Officer investigate the cost to conduct training similar to that being promoted by Moore Stephens across three locations within GVROC.

CARRIED

 

 

 

11.8       Census of Local Government Councillors (Attachment)

 

Reporting Officer: Helen Westcott, Executive Officer

 

Disclosure of Interest:             Nil

 

Date:                                        18 November 2015

 

Attachments:                           Census of WA Local Government Councillors Information

 

Background:

 

The University of WA and WALGA are partnering in the conduct of an Elected Member Census project which is being funded by the Department of Local Government and Communities.

 

A research team including Professor Fiona Haslam McKenzie and Dr Paul Maginn from the Centre for Regional Development at the University of Western Australia (UWA) is planning to undertake a Census of WA Local Government Councillors early in 2016 and wishes to raise an awareness of the census and how Local Government CEOs can assist in the process.

 

Executive Officer Comment:

 

UWA has conducted a pilot census and the response was that to be effective the census must be delivered via a council meeting or at a council pre-meeting to ensure a maximum response rate.  To that end, UWA are raising the awareness through this agenda item and requesting that the CEOs administer the census.

 

UWA has requested that:

 

§ the CEO put the census on a meeting agenda;

§ administer (distribute) the census (short survey which will take no more than 10 minutes to complete) and the accompanying information sheet to councillors; and

§ collect the completed surveys and mail them back to UWA in a Reply Paid Envelope.

 

More detailed information on the Census forms an attachment to the meeting agenda.

 

RECOMMENDATION:

 

That the report be noted and Member Councils be encouraged to assist in the conduct of the Census of WA Local Government Councillors.

 

 

RESOLUTION:      Moved: Cr Williams                          Seconded: Cr Rathbone

That the report be noted and Member Councils be encouraged to assist in the conduct of the Census of WA Local Government Councillors.

CARRIED

 

11.9       Planning and Development (Local Planning Schemes) Regulations 2015

 

Reporting Officer: Helen Westcott, Executive Officer

 

Disclosure of Interest:             Nil

 

Date:                                        19 November 2015

 

Attachments:                           Letter to WALGA from Moharich and More

 

Background:

 

As Member Councils will be aware, the recently gazetted Planning and Development (Local Planning Schemes) Regulations 2015 are a cause for concern for some local governments, particularly as they relate to where second hand dwellings can be being relocated to.

 

By way of additional background the following email was circulated to a number of local governments:

 

Attention all local governments –

 

I had a meeting with officers from the Department of Planning this morning and have been advised that:

 

1.      The Draft Planning and Development (Local Planning Schemes) Regulations will remove any planning controls over the use of transportable buildings as single houses.  This essentially means that owners who want to put a second hand transportable in any of your towns only have to apply for a Building Permit – the BCA only deals with structural issues and therefore there is no requirement for any upgrading, bonds, or assessment of impact of amenity. 

 

2.      The Draft Regulations will be finalised next Monday/ Tuesday.  If you are opposed to this change I urge you to sign the attached petition (and get as many signatures as possible) and return it to me by Friday 21 August 2015 12.30pm so I can collate objections and lodge it with the Ministers Office.

 

3.      The Department of Planning has advised me that “Transportable dwellings are now considered a dwelling and considered a ‘single house’ which does not require planning approval if in compliance with the R Codes.  Any issues with structure/health aspects of the building will be covered through compliance with those acts e.g. Building Act and Health Act. “

 

4.      The ‘current’ version of the Draft Regulations is not publicly available and includes a lot of changes that have not formed part of advertising.

 

We work for a number of regional Shires and the use of poor quality second hand transportable as dwellings in townsites is a major issue.  Please join me and try and make a difference before it is too late.  Even if we just get CEO and planners signatures due to the short time frame it all helps.

 

There are a lot of issues with the New Regulations and this is only one of them, but I feel it is an important one as uncontrolled second hand houses have potential to have a negative impact on our towns.

 

Kind Regards

Liz Bushby

 

Gray & Lewis Land Use Planners

 

Executive Officer Comment:

 

Vanessa Jackson, Policy Manager, Planning and Improvement, WALGA has been working to address the concerns raised by a number of local governments and expressed in the above email from Liz Bushby.

 

WALGA consulted with Member Councils on the proposed regulations in December 2014 and January 2015 and the submission was endorsed by WALGA State Council in March 2015. Unfortunately, as is the protocol around draft legislation, it is confidential and as such WALGA could not consult with Member Councils on the various versions of the regulations before they were published.

 

In late August 2015 WALGA raised the concerns being expressed by Member Councils with the Department of Planning.  Whilst there were some interim responses from the Department of Planning no substantive response was received by the time WALGA President met with the Minister for Planning on Thursday 29 October 2015.

 

In addition to working with the Department of Planning on this matter, WALGA has also obtained legal advice (a copy of which forms an attachment to the meeting agenda).  The advice received indicates that the concerns being expressed by local government were “real” and if anything the advice suggested the issue was wider than just transportable houses.

 

In early November WALGA met with representatives of the Department of Planning to discuss the regulations and the meeting was positive in that it would seem that the regulations were not intended to have the apparent consequences that have been identified. The discussions are ongoing and hopefully there will be a resolution in the not too distant future.

 

The role that WALGA and in particular Vanessa Jackson has played in pursuing the interest of concerned Member Councils is to be commended and it is disappointing that the Department of Planning failed to address the sector’s concerns in a timely manner.

 

RECOMMENDATION:

 

1.   That the report be noted with WALGA and Vanessa Jackson, Policy Manager, Planning and Improvement being complimented on their approach to addressing this matter.

2.   The Zone Executive Officer continue to monitor the progress of this issue.

 

RESOLUTION:      Moved: Cr Rathbone                         Seconded: Cr Harris

1.   That the report be noted with WALGA and Vanessa Jackson, Policy Manager, Planning and Improvement being complimented on their approach to addressing this matter.

2.   GVROC write to the Minister for Planning seeking clarification on the siting of transportable homes as per the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED

 


 

11.10    Meeting with the Salaries and Allowances Tribunal

 

Reporting Officer:                    Helen Westcott, Executive Officer

 

Disclosure of Interest:             No interest to disclose

 

Disclosure of Interest:             Nil

 

Date:                                        17 November 2015

 

Attachments:                           Nil

 

Background:

As Member Councils will be aware, the Salaries and Allowance Tribunal (SAT) have responsibility for establishing the allowances for elected members and the salaries of CEOs working in Local Government.

 

During the early part of 2016 SAT is looking to undertake a program of travel throughout the state to meet with regional and remote local governments so that they stay informed on the issues that affect them.  This will assist SAT as it looks to review the allowances and salaries for both elected members and CEOs.  As such, it has requested a meeting with GVROC as part of this review program.

 

Executive Officer Comment:

The Executive Officer has extended an invitation to members of the Salaries and Allowance Tribunal to meet with GVROC on Friday 29 January 2016 when GVROC meets in Esperance.

 

Statutory Implications:             Nil

 

Consultation:                           Nil

 

Voting Requirement:                Simple Majority

 

RECOMMENDATION:

 

That the invitation to members of the Salaries and Allowance Tribunal to meet with GVROC on Friday 29 January 2016 be noted.

 

 

RESOLUTION:                Moved: Cr Williams                 Seconded: Cr Harris

That the invitation to members of the Salaries and Allowance Tribunal to meet with GVROC on Friday 29 January 2016 be noted.

CARRIED

 


 

11.11    Proposed Re-establishment of the WA Police Livestock Squad

 

Reporting Officer:                    Mr Steve Deckert, CEO, Shire of Laverton

Mr Jim Epis, CEO Shire of Leonora

Helen Westcott, Executive Officer

 

Disclosure of Interest:             No interest to disclose

 

Disclosure of Interest:             Nil

 

Date:                                        12 November 2015

 

Attachments:                           Correspondence from the Murchison Country Zone re the
Re-establishment of the WA Police Livestock Squad

 

Background:

The Murchison Country Zone has written to all pastoral and agricultural local governments seeking their support as they work to have the Police Livestock Squad reformed.

 

Executive Officer Comment:

The Police Livestock Squad was established to protect rural properties and farms across the state to prevent livestock theft.  The Squad was disbanded in 2008 with the responsivity transferred to the general police staff operating within a region.  The call to have the Squad reformed arises from growing concern about stock theft in the northern Goldfields.

 

The Shires of Laverton and Leonora have requested the matter be listed for discussion, believing that support for the proposal should be offered.

 

Statutory Implications:             Nil

 

Consultation:                           Nil

 

Voting Requirement:                Simple Majority

 

RECOMMENDATION:

 

That GVROC offer its support to the Murchison Country Zone in its efforts to have the Police Livestock Squad established.

 

 

RESOLUTION:                Moved: Cr Williams                 Seconded: Cr Rathbone

That the GVROC Technical Officers Working Group prepare a report for consideration at a future meeting of the GVROC Council on:

1.   the benefits of having the Police Livestock Squad reformed as well as other strategies that will assist in reducing stock theft across the Goldfields Esperance region; and

2.   the training of all policer officers in order that they have a basic understanding of how to deal with livestock.

CARRIED

 


 

12.      WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS

 

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

 

12.1       State Councillor / Goldfields Esperance Zone President’s Report

 

Nil report

 

12.2    WALGA Status Report (Attachment)

 

From                     Executive Officer

 

BACKGROUND:

 

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

 

ZONE COMMENT:

 

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

 

RECOMMENDATION:

 

That the Goldfields Voluntary Regional Organisation of Councils notes the WALGA Status Report.

 

 

RESOLUTION:                Moved:                                    Seconded:

 

 

12.3       Review of WALGA State Council Agenda - Matters for Decision

 

From                     Executive Officer

 

Background:

 

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

 

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

 

5.1       Local Government Rating (05-034-02-0015 TL)

 

WALGA Recommendation

 

That WALGA:

1.     Endorse the attached “Rate Capping: Policy Statement” expressing opposition to rate capping;

2.     Advocate for a review of the rate billing process with the intention of establishing consistency with the State Government’s water rates billing process; and,

3.     Advocate to the Minister for Local Government to:

a.   Amend the Local Government Act to clarify that Independent Living Units should only be exempt from rates where they qualify under the Commonwealth Aged Care Act 1997; and,


 

b.   Either

i. Amend the charitable organisations section of the Local Government Act 1995 to eliminate exemptions for commercial (non-charitable) business activities of charitable organisations; or,

ii      Establish a compensatory fund for Local Governments, similar to the pensioner discount provisions, if the State Government believes charitable organisations should remain exempt from payment of Local Government rates.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 

5.2       Policy Options to Increase Elected Member Training (05-034-02-0015 TL)

 

WALGA Recommendation

 

That:

1.   WALGA continue to promote Elected Member training and development opportunities;

2.   The secretariat develop:

a.   A best practice Council Induction Guide; and

b.   A template Elected Member Training and Development Policy.

3.   WALGA adopts a formal policy position that opposes legislative change that:

a.   Requires candidates to undertake training prior to nominating for election; or,

b.   Incentivises Elected Member training through the fees and allowances framework; or,

c.   Mandates Elected Member training.

4.   Notwithstanding WALGA’s opposition to mandatory Elected Member training, if such a regime becomes inevitable, WALGA seek to ensure that it;

a.   Only applies to first time Elected Members;

b.   Utilises the Elected Member Skill Set as the appropriate content for mandatory training;

c.   Applies appropriate Recognition of Prior Learning (RPL);

d.   Requires training to be completed within the first 12 months of office; and

e.     Applies a penalty for non-compliance of a reduction in fees and allowances payable.

 

ZONE COMMENT:

 

GVROC does not a formal position on training options at this point. Member Councils might wish to consider the matter and develop a position.

 

5.3       State Budget Submission 2016-17 (05-088-03-0001 PS)

 

WALGA Recommendation

 

That the Association’s State Budget Submission 2016-17 be endorsed.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 


 

5.4       Submission to the Select Committee into the Scrutiny of Government Budget Measures on Infrastructure Financing (05-088-03-0001 PS)

 

WALGA Recommendation

 

That the Association’s submission to the Select Committee into the Scrutiny of Government Budget Measures on Infrastructure Financing be endorsed.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 

5.5     Infrastructure WA Advisory Group (05-001-03-0018 ID)

 

WALGA Recommendation

 

That WALGA:

1.     Maintain observer status with the Infrastructure WA Advisory Group provided that there is no direct financial cost. 

2.   Urge the State Government to lead a consultative, transparent process to develop a coherent and comprehensive infrastructure plan for Western Australia.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 

5.6     West Australian State CCTV Strategy Consultation (05-019-03-0009 JH)

 

WALGA Recommendation

 

That the proposed Memorandum of Understanding (MOU) between the Minister for Police and WALGA (as a participant on behalf of Local Governments) “for the provision of a coordinated State CCTV network that allows data sharing between owners of CCTV cameras facing public areas to enhance the safety and security of the Western Australian community” be endorsed.

 

ZONE COMMENT:

 

GVROC support WALGA Recommendation.

 

Note:      The Executive Officer was approached by officers working on the State CCTV Strategy to see whether there would be a suitable time before the end of the year to meet with Member Councils to discuss the grants to be made available as the State Government roles out its CCTV Strategy.  Due to timing constraints this meeting was not possible but Member Councils are reminded that the grant applications for this funding can be made.  Details regarding the grants were made in a ministerial media release on Sunday 8 November 2015.

Councils can apply for funding by visiting http://www.police.wa.gov.au/cctv.

 

5.7        Interim Submission – Building Commission’s Discussion Paper about ‘Instant Start’ (05-015-01-0003 VJ)

 

WALGA Recommendation

 

That WALGA:

1.   Strongly oppose the ‘Instant Start’ concept as it is not based on any policy foundation and has inherent risks and potential liability for Local Government; and

2.   Endorse the interim submission to the Building Commission on the Discussion Paper ‘Instant Start’ that sets out WALGA’s concerns.

 

ZONE COMMENT:

 

The following is an extract from WALGA’s Interim Submission – Building Commission’s Discussion Paper about ‘Instant Start which “sums up” the inherent problems with the process being proposed:

WALGA Final comments

Clearly the State Government and the Building Commission lacks understanding of the role of local government. The state government seems to be making decisions to be popular among some without any thought of the detrimental impact the decision has on local government (or residents). This Instant Start decision is a perfect example.

 

Further, given the State Governments recent announcement of ‘Red Tape’ reduction, it is incredible that the ‘Instant Start’ process is still being pursued, as a significant amount of additional red tape, processing requirements, forms, and enforcement issues will be imposed on the Building Commission and Local Government in order to ‘help’ save 10 days for the Building Industry.

 

It is worrying that a significant change to the Building Application process is being pursued without any data to back it up, and even though the Building Commission’s role is to monitor and review the operation of the Building Act through Section 86 of the Building Services (Complaint Resolution and Administration) Act 2011. The Association is currently compiling a one year data snapshot of the Building Permit process, to clearly show the efficient processing of Building Permits by the local government sector and will provide this information once completed. 

 

As there is a high focus of these legislative changes being proposed to assist in the ‘housing affordability’ debate, it is suggested that the entire housing delivery process be investigated, including the scheduling arrangements of the Building Industry.

It would be interesting to clearly outline the whole of development costs, which would show that the holding costs imposed by the local government assessment system (the 10 days) is insignificant compared to the delays home owners face in the scheduling of supplies and trades over the 12 – 18 month construction schedule.

 

If this fatally flawed system is pursued, WALGA will be recommending that all local governments should advise landowners that when they have a problem with the builder and process because of ‘Instant Start’ that they direct their complaint to the Building Commission and the Minister, not the local government.

 

GVROC strongly supports the WALGA Recommendation.

 

5.8        Interim Submission to WA Planning Commission – Draft Liveable Neighbourhoods (05-047-02-0007 VJ)

 

WALGA Recommendation

 

That WALGA endorse the interim submission to the WA Planning Commission on the draft Liveable Neighbourhoods document.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 

5.9        Revised Draft State Planning Policy 3.7: Planning in Bushfire-Prone Areas (05-024-02-0056 CG)

 

WALGA Recommendation

 

That WALGA:

1.   note the feedback provided by the Association to the WA Planning Commission concerning the revised draft SPP3.7 Planning in Bushfire-Prone Areas.

2.   Request that the Minister for Planning and the WA Planning Commission release the revised draft document for public consultation.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 

5.10      Interim Submission to the WA Planning Commission: Peel Region Scheme Floodplain Management Policy (05-036-03-0028 CG)

 

WALGA Recommendation

 

That WALGA endorse the interim submission to the WA Planning Commission regarding the draft Peel Region Scheme Floodplain Management Policy.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 

5.11      Interim Submission on the Heritage Bill 2015 (05-036-03-022 NH)

 

WALGA Recommendation

 

That WALGA endorses the interim submission to the Heritage Bill 2015.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 

5.12      Interim Submission on the Emissions Reduction Fund Safeguard Mechanism (05-028-03-0016 LS)

 

WALGA Recommendation

 

That WALGA endorse the interim submission to the Commonwealth Department of the Environment relating to the Emissions Reduction Fund Safeguard Mechanism.

 

ZONE COMMENT:

 

GVROC support the WALGA Recommendation.

 

RECOMMENDATION:

 

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

 

 

RESOLUTION:                Moved: Cr Hill                         Seconded: Cr Rathbone

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

CARRIED

 

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

 

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

 

6.2      Update on Energy Efficient Street Lighting (05 028 04-0006 LS)

 

6.3      Successful Advocacy for Faster Native Vegetation Clearing Permit Processing Times (05-095-03-0001 JB)

 

6.4      Local Government Audits (05-068-02-0001 WFS)

 

Given the pending transfer of auditing responsibilities to the Office of the Auditor General Member Councils may wish to further discuss this matter.

6.5      City of Perth Bill (05-034-01-0015 TL)

 

The Executive Officer in reading the City of Perth Bill and the associated Hansard of parliamentary debate on the WA Parliament website noticed that the Minister for Local Government has introduced two further amendments to the Bill that will amend the Local Government Act 1995 by amending s5.82, s5.83 and inserting two new sections 5.89A and 5.89B.

 

The effect of the proposed changes is to require gift and travel disclosures to be declared within 10 days of receiving them and also make them available for inspection on the website of local governments.

 

The Bill will now be considered by the Legislative Council.

 

6.6      Local Laws and the Parliamentary Process (05-034-01-0007 JMc)

 

6.7      Parliamentary Committee Review, Development Assessment Panels (05-047-01-0016 CG)

 

12.5       Review of WALGA State Council Agenda - Organisational Reports (Attachments)

 

7.1     Key Activity Reports

 

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

 

The following is an extract from the activity report as it relates to biosecurity:

 

Biosecurity Policy

The Association is undergoing an in-depth assessment of biosecurity policy in response to members’ concerns raised at the AGM. As stage one of this work, the Association is currently drafting a discussion paper that will outline all relevant background information and pose possible management options. This document will be circulated in the early New Year for Local Government comment. WALGA will also deliver five biosecurity forums around the south west land division in February 2016, with the Department of Agriculture and Food staff presenting and answering questions at these sessions. The workshops are being planned for Esperance, Merredin, Bridgetown, Geraldton and Perth.

 

Note: With the importance of biosecurity becoming more widely known Member Councils should look to support the workshop being planned for Esperance.

 

A copy of the recently released Biosecurity Needs Assessment Report and related presentation form attachments to the meeting agenda for the interest of Member Councils.  The Needs Assessment Report was developed through surveys with four key stakeholder groups including local government.  Within many comments/feedback detailed is the suggestion that local government become responsible for community coordination and there is a reference to local government being required to prepare biosecurity frameworks (suggestion 6) and other plans.  Other comments include:

§ Local government becoming responsible for the setting up of biosecurity groups; and

§ Involvement of local government rangers in the control of pest weeds and plants.

 

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

 

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

 

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

12.6       Review of WALGA State Council Agenda - Policy Forum Reports

 

7.2       Policy Forum Reports

 

            7.2.1          Mining Community Policy Forum

 

            7.2.2          Container Deposit Legislation Policy Forum

 

            7.2.3          Metropolitan Mayors Policy Forum

 

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

 

            7.2.5          Freight Policy Forum

 

12.7    WALGA President’s Report (Attachment)

 

Presenting the WALGA President’s Report

 

RECOMMENDATION:

 

That the Goldfields Voluntary Organisation of Councils notes the following reports contained in the WALGA State Council Agenda:

 

§ Matters for Noting/Information;

§ Organisational reports;

§ Policy Forum reports; and

§ WALGA President’s Report.

 

 

RESOLUTION:                Moved: Cr Best                        Seconded: Cr Rathbone

That the Goldfields Voluntary Organisation of Councils notes the following reports contained in the WALGA State Council Agenda:

 

§ Matters for Noting/Information;

§ Organisational reports;

§ Policy Forum reports; and

§ WALGA President’s Report.

CARRIED

 

13.      Agency Reports

 

13.1       Department of Local Government and Communities

 

Mr Gary Angel, Principal Strategy Officer, Strategy, Research and Initiatives, Department of Local Government and Communities

 

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

 

14.1       Traineeships

 

Cr Best enquired whether any Member Councils were offering traineeships.

 

The City of Kalgoorlie-Boulder advised that it currently offered 13 traineeships annually.

The Mayor put forward the potential for a regionally based traineeship program, whereby trainees would get experience across the region and not just in one local government.

 

 

RESOLUTION:                Moved: Cr Best                        Seconded: Cr Harris

That the Executive Officer prepare a report on the potential for a regionally focussed local government traineeship program for consideration at the GVROC Council meeting to be held on Esperance on Friday 29 January 2016.

CARRIED

 

15.      FUTURE MEETINGS/FUNCTIONS

 

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

 

16.      CLOSURE OF MEETING

 

There being no further business the Chair declared the meeting closed at 12.49pm

 

 

 

DECLARATION

 

These minutes were confirmed by the Goldfields Voluntary Regional Organisation of Councils at the meeting held on 29 January 2016

 

 

 

 

Signed        _______________________________

Person presiding at the meeting at which these minutes were confirmed

 

 

 


 

13.     Reports Of Committees

Item: 13.1  

 

Minutes of the Audit Committee

 

Author/s

Helen  Hall

Executive Assistant

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D15/31908

 

Officer’s Recommendation

That the recommendations of the Audit Committee meeting held on 14 December 2015 be received.

Voting Requirement                       Simple Majority  

 

 

 


Audit Committee: Minutes

14 December 2015                                                                                                    Page Minutes 187

 

 

 

 

 

 

 

 

 

 

 

 

 

Shire of Esperance

 

Audit Committee

Monday 14 December 2015

MINUTES

 

 

 


 

 

 

 

 

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.

 

 


Table of Contents / Index

ITEM                                                                                                                                                                                                            

NO.      ITEM HEADING                                                                                                                                                                  PAGE

 

1.         OFFICIAL OPENING   4

2.         ATTENDANCE  4

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  4

4.         PUBLIC QUESTION TIME  4

5.         Deputations, Presentations, Inspections, Petitions  4

Nil

6.         DECLARATION OF MEMBERS INTERESTS  4

6.1      Declarations of Financial Interests – Local Government Act Section 5.60a  4

6.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  4

6.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  4

7.         CONFIRMATION OF MINUTEs  5

8.         New Business of an Urgent Nature  5

Nil

9.         Matters Requiring a Determination of Committee  5

9.1      Appointment of Independent Audit Committee Member

10.      Matters behind Closed Doors  6

10.1       PROVISION OF AUDIT SERVICES

11.      CLOSURE  7

 

 


Audit Committee: Minutes

14 December 2015                                                                                                    Page Minutes 190

 

SHIRE OF ESPERANCE

 

MINUTES

 

Audit Committee Meeting HELD IN Council Meeting Room ON
14 December 2015

COMMENCING AT  4pm

 

 

1.       OFFICIAL OPENING

 

The Presiding Member declared the meeting open at 4.15pm.

 

2.       ATTENDANCE

 Members

Cr V Brown                                       Shire President         Rural Ward

Cr P Griffiths                                                                     Town Ward

Cr B Parker                                                                        Rural Ward

Cr B Stewart, JP                                                                Town Ward

                                                          

Shire Officers

Mr W M (Matthew) Scott                   Chief Executive Officer

Mr S Burge                                       Director Corporate Resources

Mrs B O’Callaghan                            Manager Financial Services

Members of the Public & Press

 

 

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

 

 

4.       PUBLIC QUESTION TIME

Nil Questions

 

5.       Deputations, Presentations, Inspections, Petitions

Nil 

 

6.       DECLARATION OF MEMBERS INTERESTS

 

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

 

Nil

 

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

 

Nil

 

6.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

 

Nil

 

7.       CONFIRMATION OF MINUTEs

 

 

Moved:           Cr Stewart

Seconded:     Cr Parker

 

AU1215-043

CARRIED

F4 - A0

That the Minutes of the Audit Committee Meeting of the 10 November 2015 be confirmed as a true and correct record.

 

 

 

 

8.       New Business of an Urgent Nature

Nil

 

9.       Matters Requiring a Determination of Committee

 

9.1     Appointment of Independent Audit Committee Member

Moved:           Cr Griffiths

Seconded:     Cr Parker

 

AU1215-044

 

Officer’s Recommendation

That the Audit Committee accepts that the position of  independent committee member remains vacant during the current term of the Audit Committee until the committee makes a decision on any  applications received.

CARRIED

F4 - A0

 

 

 

 

 

 

 

 

 

 

 

 

10.     Matters behind Closed Doors

Moving behind closed doors

Moved:           Cr Griffiths

Seconded:     Cr Parker

 

AU1215-045

That the meeting proceed behind closed doors in accordance with section 5.23(2) of the Local Government Act 1995, to consider the following items, which are considered confidential for the reasons indicated.

10.1   PROVISION OF AUDIT SERVICES

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)).

 

CARRIED

F4 - A0

 

 

10.1   PROVISION OF AUDIT SERVICES

Moved:           Cr Stewart

Seconded:     Cr Parker

 

AU1215-046

Officer’s Recommendation

That the Audit Committee recommends to Council to accept Moore Stephens quote for Audit Services for five years commencing 1 July 2015.

CARRIED

F3 – A1

(Against Cr Griffiths)

 

 

Coming from behind closed doors

Moved:           Cr Griffiths

Seconded:     Cr Parker

 

AU1215-047

That the meeting come from behind closed doors.

 

CARRIED

F4 - A0

 

 

 

 

 

 

 

11.     CLOSURE

 

The Presiding Member declared the meeting closed at 4.45pm.

 

 

 

 

These Minutes were confirmed at a meeting held on _____________________

 

 

 

 

Signed ________________________________________

 

Presiding Member at the meeting at which the Minutes were confirmed.

 

Dated_____________________

 

 

 

  


Ordinary Council: Agenda

27 January 2016                                                                                                                        Page 194

 

14.     Motions of which Notice has been Given

 

 

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

 

 

16.     URGENT BUSINESS APPROVED BY DECISION

 

 

17.     MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

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

 

Item: 17.1  

Tender 09-15 Construction of Depot Administration 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)).

 

 

Item: 17.2  

RFQ 13-15 Replacement of a Grader

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)).

 

 

Item: 17.3  

RFQ 17-15 Replacement of a Prime Mover

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)).

 

 

Item: 17.4  

RFQ 18-15 Replacement of an End Tipper

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)).

 

Item: 17.5  

RFQ 20-15 Replacement of a Light Truck

 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)).

 

 

Item: 17.6  

RFQ 29-15 Replacement of a Low Loader

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)).

 

 

Item: 17.7  

Sale of Vacant Land - 6 Adelaide Close

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)).

 

 

Item: 17.8  

Proposed Lease - Lot 47 Shark Lake Road Monjingup - Shark Lake Industrial Park

 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