Agenda of Ordinary Council

Ordinary Council: Agenda

22 March 2016 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 22 March 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 M Walker Acting Director Asset Management

Mr T Sargent Director External Services

Mr R Hindley Executive Manager – Statutory Division

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 23 February 2016 be confirmed as a true and correct record.

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

Temporary Waiving of Alfresco Dining Fees

Author/s	Shaun Breaden	Manager Development Compliance
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/4210

Applicant

Internal

Executive Summary

For Council to consider waiving fees for alfresco dining applications for the year ending 31 December 2016, to enable a fair, transparent and consultative review and revision of the current statutory processes.

Recommendation in Brief

That Council

1. Waive fees for alfresco dining applications pursuant to ‘Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law’ for the year ending 31 December 2016

2. Note that the CEO will undertake a review of the alfresco dining statutory framework, Outdoor Eating Facilities in Public Places Policy (DEV-HS 005) and present proposed amendments for Council consideration by October 2016.

Background

Under the Shire of Esperance’s Local Law provisions, food businesses can seek approval to operate alfresco dining areas within a Shire thoroughfare. Applications for alfresco dining areas are subject to an initial fee of $120.00, an annual renewal fee of $65.00, plus $80.00 per square metre of thoroughfare area used. While these fees are comparable to metropolitan Local Governments, they are higher than some regional centres.

Significant levels of non-compliance and widespread reaction against the fee structure suggest the current arrangements for managing alfresco dining on the CBD footpaths may not be suitable to the specific needs of Esperance. In responding to this, officers considered it appropriate to undertake a detailed review of the statutory framework, commence formal consultation with local business owners and the community, and develop flexible provisions that are specific to Esperance. However this process is unlikely to be completed within the current financial year and insistence on payment of the current years’ fees would potentially undermine the goodwill that this process should generate and require the direction of resources into achieving compliance with a legislative framework that is very likely to change in the short to medium term anyway.

Officer’s Comment

The initial review of alfresco dining was primarily focused on fees and compliance, as these were the issues most often identified by alfresco dining permit holders and Shire officers.

Metropolitan Local Governments have a variety of square metre rates that are charged per annum. The City of Perth’s range from $80.00 to $150.00 and the City of Fremantle range from $33.75 to $101.25, with both dependent on location. In comparison, the Shire of Esperance has a fixed rate of $80.00 per square metre.

To provide greater regional context, a review of surrounding local government fees and charges identified that the City of Albany has a square metre rate of $37.00, and the City of Kalgoorlie-Boulder has a rate of $7.50 per square metre. The Shire of Esperance currently charges an additional annual renewal fee (beyond the square metre rate) is not charged by either Albany or Kalgoorlie-Boulder.

While comparison of fees and charges is informative, it should be noted that the fee structure is only a portion of the overall provision of alfresco dining areas. The compliance spectrum is broad, and appears to demonstrate a difference in the expectations of the Shire and the general community.

Compliance issues relate to the operation of alfresco dining areas with no approvals in place, a reluctance to pay renewal fees, and discrepancies between the approved and actual usage. Rather than utilise Shire resources to enforce the statutory provisions, a determination on the reasoning behind the non-compliances should be sought, to allow where possible, modification of the statutory provisions to promote ongoing compliance.

Local Law provisions cannot be easily modified, however these generally relate to the approval mechanism and not specific detail. In contrast, the current policy provisions have a degree of inbuilt flexibility which will provide scope to tailor the approvals to suit Esperance.

It is noted that some parts of the approval process cannot be compromised. Matters that relate to public health and safety, accessibility, and liability need to be monitored on a continual basis.

The purpose of this recommendation is not to simply waive fees for a fixed period; but rather to create an opportunity to encourage businesses and the community to embrace and trial the concept of alfresco dining. It is anticipated that fine tuning the approval process without immediate imposition of a cost burden may assist levels of acceptance, compliance and engagement with the business community. Provisions of the local law will remain in effect for the requirement for approvals; however a degree of flexibility will be exercised where possible, particularly under the policy provisions.

Separating the imposition of a cost of fees from the review and implementation of sound workable controls is also expected to enhance levels of cooperation between the business community and the shire.

Consultation

Shire of Esperance Statutory Division

Alfresco dining permit holders

Financial Implications

The financial implications arising from this report would be to forego income for the fees and charges.

Based on recent data this is estimated to be less than $4,000. However, reviewing the Environmental Health Services budget, it appears that overall fees and charges will remain on target to meet the annual current budget figure for the financial year.

Statutory Implications

Local Government Act 1995

Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law

Policy Implications

DEV-HS 005: Outdoor Eating Facilities in Public Places

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

Corporate Business Plan 2013/2014 – 2016/2017

Promoting sustainable and diverse economic development opportunities that make the Shire of Esperance an attractive place to live, work and play.

Attachments

Nil

Officer’s Recommendation

That Council

1. Waive fees for alfresco dining applications pursuant to ‘Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law’ for the year ending 31 December 2016

2. Note that the CEO will undertake a review of the alfresco dining statutory framework, Outdoor Eating Facilities in Public Places Policy (DEV-HS 005) and present proposed amendments for Council consideration by October 2016.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

22 March 2016 Page 14

Item: 12.1.2

Local Planning Scheme No. 23 - Amendment No. 19 - Final Approval

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

File Ref: D16/5966

Applicant

Internal

Executive Summary

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

Recommendation in Brief

That Council resolve to grant Final Approval to Amendment 19 subject to modifications and upon receipt of modifications forward the Amendment No. 19 documentation to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

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 amendment was presented to Council for initiation at the Ordinary Council meeting held on 28 July 2015. Where Council resolved:

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

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

2. Amend Local Planning Scheme No. 23 by:

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

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

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

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

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

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

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

viii. Replacing Clause 5.3.1(e) with –

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

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

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

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

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

xiii. Renumbering Clause 5.23 to Clause 5.22

xiv. Inserting the following clause into Part 5:

5.23 Caretaker’s Dwellings

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

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

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

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

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

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

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

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

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

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

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

xv. Inserting the following clause into Part 5:

5.24 Reciprocal Parking and Shared Parking

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

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

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

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

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

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

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

xvi. Inserting the following clause into Part 5:

5.25 Transportable Structures

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

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

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

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

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

xvii. Inserting the following clause into Part 5:

5.26 Light overspill

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

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

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

xviii. Inserting the following clause into Part 5:

5.27 Landscaping of Demolished Building Sites

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

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

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

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

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

xix. Replacing Clause 6.3.6(a) with –

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

xx. Replacing Clause 6.4.6(a) with –

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

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

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

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

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

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

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

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

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

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

6.13.1 Purpose

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

6.13.2 Objective

The objective of SCA9 is to –

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

6.13.3 Application Requirements

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

6.13.4 Relevant Considerations

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

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

(b) Statement of Planning Policy 2.6 State Coastal Planning Policy, and shall determine applications for planning approval accordingly.

6.13.5 Development Requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The amendment was subsequently advertised for 90 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. Advertising was undertaken between 16 November 2015 and 26 February 2016.

Officer’s Comment

In accordance with Planning and Development (Local Planning Schemes) Regulations 2015, Local Planning Scheme No. 23 (LPS 23) Amendment No. 19 was referred to the Environmental Protection Authority (EPA) for a determination to be made under Section 48A of the Environmental Protection Act 1986.

The EPA advised the Shire of Esperance via letter dated 31 August 2015 that after consideration of the LPS 23 Amendment No. 19 documentation, that the proposed scheme amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations on the Scheme Amendment.

Upon receiving the advice from the EPA, LPS 23 Amendment No. 19 was advertised for public comment in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The advertising was commenced on the 16 November 2015 and closing on 26 February 2016 being a period of 92 days. Advertising consisted of:

· Advertising notice in the Esperance Express – 20 November 2015;

· Amendment documentation being available via the Shire of Esperance’s website; and

· Referral letters to government departments and servicing agencies.

At the close of the advertising period a total of six (6) submissions were received, all of which were from Government Departments and Servicing Agencies.

Four of the submissions from servicing and government agencies gave no comment or no objection to the proposed amendment. One submission from the Department of Mines and Petroleum pointed out an error regarding Item 42 which erroneously listed Lot 85 Twilight Beach Road where Lot 82 Twilight Beach Road should have been indicated, but otherwise offered no objection. One submission from the Department of Water offered support for modifications number 41 and 42 and offered no objection or comment regarding the rest of the amendment.

During the advertising period it was determined that Point 29 of the amendment was invalid as it was contrary to the provisions of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and is required to be deleted.

Consultation

· Advertising notice in the Esperance Express – 20 November 2015;

· Amendment documentation being available via the Shire of Esperance’s website; and

· Referral letters to government departments and servicing agencies.

Statutory Implications

The statutory implications associated with this item are:

· Planning and Development Act 2005

· Planning and Development (Local Planning Schemes) Regulations 2015

· Local Planning Scheme No. 23

Policy Implications

The policy implications arising from this report are:

· Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Attachments

a .

Schedule of Submissions

Officer’s Recommendation

That Council resolve to:

1. Note the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 19.

2. Adopt Local Planning Scheme No. 23 Amendment No. 19 with the following modifications:

a. Deleting Clause 29 of Local Planning Scheme No. 23 Amendment 19 which states:

Inserting the following into clause 8.2(b):

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

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

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

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

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

b. Replace Lot 85 Twilight Beach Road where Lot 82 Twilight Beach Road in Clause 42 of Local Planning Scheme No. 19

c. Renumbering all remaining provisions to be consistent with the removal of Clause 29.

3. Upon receipt of the modified document, Council adopt Local Planning Scheme No. 23 Amendment No. 19 for Final Approval, by:

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

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

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

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

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

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

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

viii. Replacing Clause 5.3.1(e) with –

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

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

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

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

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

xiii. Renumbering Clause 5.23 to Clause 5.22

xiv. Inserting the following clause into Part 5:

5.23 Caretaker’s Dwellings

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

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

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

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

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

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

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

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

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

xv. Inserting the following clause into Part 5:

5.24 Reciprocal Parking and Shared Parking

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

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

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

xvi. Inserting the following clause into Part 5:

5.25 Transportable Structures

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

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

xvii. Inserting the following clause into Part 5:

5.26 Light overspill

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

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

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

xviii. Inserting the following clause into Part 5:

5.27 Landscaping of Demolished Building Sites

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

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

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

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

xix. Replacing Clause 6.3.6(a) with –

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

xx. Replacing Clause 6.4.6(a) with –

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

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

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

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

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

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

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

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

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

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

6.13.1 Purpose

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

6.13.2 Objective

The objective of SCA9 is to –

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

6.13.3 Application Requirements

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

6.13.4 Relevant Considerations

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

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

b. Statement of Planning Policy 2.6 State Coastal Planning Policy,

and shall determine applications for planning approval accordingly.

6.13.5 Development Requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

xli. Amending the Scheme Map by removing the Residential Density Code from Lot 70 Stewart Street and Lots 76, 77, 79, 81 and 82 Twilight Beach Road as depicted on the Amendment Map.

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 19 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

5. Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 19.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 March 2016 Page 32

12.3 External Service - Community Division

Item: 12.3.1

Sporting Association Ground Fees 2015/2016

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

File Ref: D16/492

Applicant

Internal

Executive Summary

The purpose of this report is to propose revised fees for the use of Shire of Esperance sports grounds by Sporting Associations and User Group for the 2015/16 financial year.

Recommendation in Brief

That Council imposes the following fees (ex GST) on the listed Sporting Associations and User Groups:

Esperance Junior Cricket Association	$784
Esperance Cricket Association	$3,422
Esperance District Football Association	$15,107
Esperance Hockey Association	$7,865
Esperance Soccer Association	$6,714
Esperance Softball Association	$1,177
Little Athletics	$730
Esperance Dog Club	$294
Esperance Community Running	$239
Ultimate Frizbee	$312
Agricultural Show Society	$1,479
Total	$38,123

Background

Each year Council determines a percentage of the maintenance costs of public sporting grounds to be recovered from sports clubs and user groups.

In 2014/15 Council resolved to recover 12.5% of sports grounds maintenance costs by simply applying an amount equivalent to CPI to the 2013/14 user group fees. This method didn’t take into consideration growth factors which increased grounds usage and consequently grounds maintenance costs.

At the 2015/16 Annual Budget meeting, Council resolved to recoup 12.5% of the previous years sporting grounds maintenance costs from the user groups. The staff was then tasked with the development of a system of equitably sharing the recoverable costs between the User Groups.

A range of options were modelled but the data initially received to calculate the fees was found to be flawed and was in the process of being updated when the November bushfires resulted in the diversion of priorities and resources to bushfire recovery. That modelling has not been finalised in time to present revised fees to Council for consideration

Officer’s Comment

Unfortunately delays have occurred in remodelling the alternatives and it is now imperative that fees be collected from the user groups.

Modelling of the alternative fee structures will be presented prior to finalisation of the 2016/17 budget but in order to allow clubs and user groups time to make their payments within the current financial year it is proposed that Council adopts fees which add the Local Government CPI to last years’ fees and adjust the calculation by increases or decreases in player numbers.

The ground usage data is tabulated below:

Ground Usage	No Team	No per team	Total 2014/15	Total 2013/14	Increase/(decrease)
1. Cricket
Seniors	9	11	99	135	(-27%)
Juniors	8	10
Milo	1	80	160	200	(-20%)
2. Football
Seniors	8	18	144	144	0%
Vets	1	20	20	20	0%
3. Softball
Seniors	4	9	36	60	(-40%)
4. Tee-Ball
Seniors	0	0	0	50	(-100%)
5. Hockey
Seniors	14	11	154	154	0%
6. Dog Club
Seniors	1	12	12	12	0%
7. Soccer
Seniors	8	4 x 11 4 x 6	68	24	183%
10. Community Running
Seniors	1	12	12	12	0%
11. Ultimate Frizbee
Seniors	1	30	30	30	0%

This approach provides a reduction in fees for the Cricket Club and Softball Club following a decline in player numbers and a significant increase of Soccer Club fees reflecting the significant growth of the Club and the proportion of the share of maintenance costs across the main users - Football 40%, Hockey 21%, Soccer 18%, Cricket (junior & senior)11%.

And while there are refinements which could be made to fine-tune this approach, the result as tabulated, is fundamentally fair and easy to understand with the only large fee increase going to those with substantially increased usage of the grounds.

Club/Organisation	2014/15	Proposed 2015/16
Esperance Junior Cricket Association	$959	$784
Esperance Cricket Association	$4,566	$3,422
Esperance District Football Association	$14,782	$15,107
Esperance Hockey Association	$7,696	$7,865
Esperance Soccer Association	$2,726	$6,714
Esperance Softball Association	$1,919	$1,177
Esperance Teeball Association	$133	$0
Little Athletics	$714	$730
Esperance Dog Club	$288	$294
Esperance Community Running	$234	$239
Ultimate Frizbee	$305	$312
Esperance Ag. Society	$1,447	$1,479
Total	$35,769	$38,123

Consultation

Data collection sheets were distributed to all sporting groups during August. Clubs were contacted by phone and email during October to verify the accuracy of their statistics.

There has been no discussion over fees with user groups at this time, other than with the Soccer Club, which has been advised that its increased player numbers and grounds use is likely to result in a significant increase in fees.

Financial Implications

There are no financial implications arising from this report as Council has budgeted to receive 12.5% of the previous year’s grounds maintenance costs which equates to $38,101.

Statutory Implications

The statutory implications associated with this item are contained within the Local Government Act 1995 Section 6.16 Imposition of fees and charges.

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Strategy 3.1 Deliver a diverse range of affordable services and infrastructure across the Shire

Corporate Business Plan 2013/2014 – 2016/2017

Action 3.1.1.5 Maintain parks reserves and landscape areas

Attachments

Nil

Officer’s Recommendation

That Council Imposes the following fees (ex GST) on the listed Sporting Associations and User Groups:

Esperance Junior Cricket Association	$784
Esperance Cricket Association	$3,422
Esperance District Football Association	$15,107
Esperance Hockey Association	$7,865
Esperance Soccer Association	$6,714
Esperance Softball Association	$1,177
Little Athletics	$730
Esperance Dog Club	$294
Esperance Community Running	$239
Ultimate Frizbee	$312
Agricultural Show Society	$1,479
Total	$38,123

Voting Requirement Absolute Majority

Ordinary Council: Agenda

22 March 2016 Page 35

Item: 12.3.2

Management of Thomas River Reserve 518

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

File Ref: D16/567

Applicant

Internal

Location/Address

Thomas River Reserve 518

Executive Summary

To advise Council of the potential for termination of the Agreement between the Shire of Esperance and the Department of Parks and Wildlife (DPaW) for the management of the Thomas River Camping Grounds and to seek direction for management of the Reserve over the next 12 months.

Recommendation in Brief

That Council surrenders the vesting of Thomas River Reserve 518 and support management responsibility for the reserve being granted to DPaW.

Background

The Thomas River Reserve is surrounded by the Cape Arid National Park in a 104ha enclave, 130km east of Esperance. It is vested in the Shire for the purpose of camping and recreation. There is no beach frontage but the southern boundary abuts the Thomas River. Infrastructure on site includes 12 camping sites, 5 picnic tables, 3 shade shelters, a rainwater tank, a sealed vault male and female toilet, a male and female rota-loo composting toilet.

The campsite has been managed by National Park Rangers since 2004. Prior to this Shire Rangers visited the campsite once a week. They were supported, by default, by the National Park Rangers whom dealt with the daily issues that arose during the busy holiday periods. The availability of resident National Park Rangers and the proximity of the National Park campsite to the Shire campsite made management from Esperance appear illogical and inefficient. This resulted in an Agreement with the Department of Parks and Wildlife (DPaW) to manage the shire camping area in return for retention of camping fees collected and a commitment from the Shire to maintain the access roads and the replacement of infrastructure.

On 28^th October 2014 Council was requested to consider recommendation CT2 of the revised Coastal Management Plan to transfer Thomas River Reserve 518 to the WA Conservation Commission. Council decided to call for public submissions prior to making a decision.

On the 16^th December 2014 Council considered the submissions received and decided not to transfer the reserve to the WA Conservation Commission. Council requested the CEO to negotiate with DPaW to extend the current joint management arrangement on Thomas River Reserve 518 (O1214-001) beyond its June 30^th 2015 expiry date.

Officer’s Comment

On Tuesday 5^th May Executive Managers Richard Hindley and Rod Hilton met with the District Manager Rob Blok and the Access and Reserves Manager Ian Hughes to commence negotiation on renewal of the Management Agreement.

The District Manager reported that the DPaW budget has been tightened and managers around the state have been requested to focus on core service delivery. The management of a shire reserve is not considered to be core DPaW business. Mr.Blok tabled the costs of maintaining the camping reserve on behalf of the Shire:

Description	Expenditure	Revenue
Rangers Wages	$20,000
Waste disposal	$ 6,000
Vehicle Operation	$ 4,800
Cleaning Materials	$ 3,000
Gas	$ 1,800
Administration	$ 500
Camping Fees Collected		$14,000
Total	$36,100	$14,000

Mr Blok advised that his ranger spent 20% of her time managing the Shire camp site when she could be utilised more effectively in managing the National Park facilities. Mr Blok also advised that the toilet facilities are in need of major refurbishment or replacement. Consequently, unless Council was prepared to enter into a fee for service agreement or meet the shortfall of $22,100 DPaW is not prepared to renew the Management Agreement. An agreement was reached which saw DPaW manage the reserve on behalf of Council until 30^th June 2016.

Options:

Positive

Negative

Cost to Council

Continue to operate under an agreement with DPaW to manage Reserve 518 on behalf of the Shire of Esperance on a fee for service basis

Camping grounds will be managed on a daily basis.

No requirement to redirect Shire staff resources

DPaW may still decline to provide service

Ongoing cost to Council.

Council does not have any power to permit camp fires during most popular periods of use or to allow dogs to travel to the reserve overland, thereby defeating the purpose of Council retaining ownership/vesting of the reserve.

Shire’s contribution is not recognisable to users of the facility who deal with staff in DPaW uniforms

$22,100 operating shortfall plus the ongoing asset replacement cost estimated to exceed $10,000 per annum

Investigate the options of servicing and managing the reserve through Shire Rangers, Camp Hosts, or Parks and Gardens Staff or any combinations of these.

Council can collect and retain camping fees but as this is unlikely to

While there is a perception that Council can retain the traditional camping values of permitting camp fires and dogs on the reserve this is not the case as it remains illegal to transport dogs across a National Park (which is the only practical means of accessing the reserve).

Significant asset management / replacement cost

No daily management presence.

It is likely that without a daily fee collection service shire staff would not achieve camp fees of $14,000. If 25% is collected the shire may realize less than $3,500.

Estimated $33,000 operating shortfall plus the ongoing asset replacement cost estimated to exceed $10,000 per annum

Council has a number of options open to it following the decision to assume responsibility for management of this reserve in 2014. It can:

1. note that while the Council decision of 16^th December 2014, to retain the vesting of Thomas River Reserve 518 was intended to protect “traditional camping values” Council has extremely limited ability to implement any meaningful change in this area, but nevertheless;

a. return to the pre-2004 management of the Thomas River Reserve by Council staff (Rangers or Parks and Gardens Staff) supported by volunteer camp hosts during holiday periods and make provision in the budget to fund this service. Or;

b. negotiate a continued fee for service arrangement with DPaW to provide the management of Thomas River Reserve 518 and make budgetary provision for this service

2. surrender the vesting of Thomas River Reserve 518 and support management responsibility for the reserve being granting to DPaW.

Options 1a) and 1b) would see Council continue to accept the risk (including the risk from unsupervised campfires) and responsibility of managing the campsite at a total cost in excess of $42.5K (or approx 0.25% of next year’s rates increase). Unfortunately this delivers no particular benefit to the Esperance community or tourists as the Shire of Esperance has no legal capacity to allow domestic animals access to the nearby beach or permit them to be driven across the adjoining reserves to enter Thomas River Reserve 518. Neither can the shire permit use of open fires during most of the times during which the reserve is occupied.

Option 2 may be unpopular in the short term, with a very small number of people (only 9 submissions were received when this was considered in 2014) but reduces the risk and cost to Council without reducing the level of service Council can actually provide legally.

Consultation

Executive Managers Hilton and Hindley have met with DpaW representatives Blok and Hughes from 5^th May 2015 and negotiated of an extension of the Management Agreement over Thomas River Reserve 518 until 30^th June 2016.

Financial Implications

The estimated cost of the shire servicing Thomas River is:

Projected Shire Expenditure

Shire Ranger – 4 hrs @$55/hr = $220/visit

Shire vehicle – 240km $92.30/trip

Description	Expenditure	Revenue
Ranger 13 weeks x 3 visits	$8,580
Ranger 39 weeks x 1 visit	$8,580
Ranger 52 weeks x 1 visit	$11,440
Waste disposal (revenue foregone)	$6,000
Vehicle operation	$4,800
Cleaning Materials	$3,000
Gas	$1,800
Administration 20% o/head	$3,432
Estimate of Camping Fees Collected		$3,500
Total	$36,192	$3,500
Operating Loss		($32,692)

NB: A significant amount of camping at Thomas River occurs over weekends and public holidays so the estimate of 25% of DPaW’s camping fees is considered reasonable because the income would be dependent on an “honour box” which is a demonstrably inefficient.

While funding has been available recently to replace some of the infrastructure on the site, it is likely that provision for future asset replacement will cost in excess of $10,000 p.a.

Asset Management Implications

Infrastructure replacement has been estimated at $100,000 over next 6 years plus the Coastal Management Plan recommended upgrades of $91,500. These costs may be incurred regardless of whether or not the Reserve is managed by the Shire or DPaW and have not been taken into consideration in this report.

Strategic Implications

Strategic Community Plan 2012 - 2022

Environment

Provide equitable access for all users to our environment while balancing the protection of natural assets

A range of parks, reserves and trails which the broadest community can access

Corporate Business Plan 2013/2014 – 2016/2017

Action 2.3.3 Review and update the Coastal Management Plan and coordinate implementation schedule.

Attachments

Nil

Officer’s Recommendation

That Council surrenders the vesting of Thomas River Reserve 518 and support management responsibility for the reserve being granted to DPaW.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 March 2016 Page 39

12.4 Asset Management

Item: 12.4.1

Playgrounds & Public Open Space Strategic Plan

Author/s	Jason Rhodes	Manager Parks and Environment
Authorisor/s	Mathew Walker	Acting Director Asset Management

File Ref: D16/5744

Applicant

Asset Management

Location/Address

Public Open Space

Executive Summary

The draft Playground and Public Open Space Strategic Plan 2015-2025 (Strategic Plan) was received by Council on 16 February 2016 and further reviewed by Council on 1 March 2016.

Recommendation in Brief

That Council adopt the Playground and Public Open Space Strategic Plan 2015-2025 with the amended implementation schedule, and instruct the Chief Executive Officer to investigate opportunities for rationalising existing local open space and identify any surplus requirements that may be sold to fund future public open space upgrades.

Background

In 2014 the Shire engaged consultants SGL Consulting Group to undertake a Public Open Space Review (Review). The Review provided a comprehensive snapshot of the Shire’s public open space (POS) assets with a clear focus on the safety, suitably and supply-rate of POS playground facilities.

A community consultation process was carried out as part of the Review and identified that whilst POS users were satisfied overall with the general maintenance of POS within the Shire, the feedback provided in relation to POS playgrounds, was that the facilities were generally out dated and offered very little play value for children. POS users also indicated their preference to accept a lesser quantity of playgrounds if the quality of the remaining facilities were of a higher standard.

Council, at the Ordinary Council Meeting held 24 June 2014 resolved the following:

“That Council

1. Adopt the Public Open Space Strategy with the following adjustments –

a. The addition of Shoresands Reserve on Gunton Circle as a local park.

b. The addition of Fisheries Rise Reserve on Fisheries Rd as a local park.

c. The Esperance Foreshore Regional Open Space be divided into two sub sections that represent the Esperance Waterfront section from the Tanker Jetty to Andrew Street and the Southern Section from Andrew Street to Adventureland Park.

2. Direct the Chief Executive Officer to prepare a costed and prioritised implementation schedule for the Public Open Space Strategy.”

Key recommendations from the Review were:

1. Adopt a classification framework for POS.

2. Concentrate Council’s resources on maintaining and developing Regional, District and Neighbourhood open space to a higher standard.

3. Establish at least one Neighbourhood level play space within each open space precinct.

4. Ensure each rural community has a suitable play space.

5. Upgrade existing play equipment as detailed in the 2014 Playground Compliance and Safety Audit.

6. Land bank surplus open spaces and direct proceeds of sales to upgrading existing open spaces.

Officer’s Comment

The Strategic Plan was developed following the adoption of the Review in 2014, and the document is designed to provide the Shire with clear forward direction relating to the management, upgrade and development of playgrounds and POS within the Shire over the next ten years.

Key information in the document:

-Classification of all playgrounds and POS within the Shire;

-Current POS profile;

-Establish specific levels of infrastructure for each POS classification;

-POS catchment mapping;

-Outline issues with current playground assets;

-Recommendations for future playground and POS development;

-Community consultation process;

-Individual appraisal of each current parcel of POS; and

-Prioritised implementation schedule for the next ten years

More importantly, it formalises a management strategy to ensure future development of public open space within the Shire is completed to a standard that minimises risk, yet maximises the social benefits of having quality open spaces within the community.

Consultation

Community consultation was undertaken during the development of the Review which included:

Online Survey - A web based questionnaire was undertaken, with 141 people completing the survey;

Focus Group Workshops - Four focus group workshops were undertaken with a diverse range of the community including older adults, caregivers with young children, young people and people with disabilities; and

A common theme across all groups was whilst Esperance has adequate open space available it is not necessarily designed and developed to meet the specific needs of users. It was also identified that the community would be happy to see fewer play spaces of a higher standard.

Financial Implications

Revised figures from the ten year implementation schedule.

Description	2015/16 Budget Figure	Proposed Annual Budget Figure (indexed @ 3%)
2015/16	$150,000	0
2016/17	0	$154,500
2017/18	0	$159,135
2018/19	0	$218,545
2019/20	0	$168,826
2020/21	0	$173,891
2021/22	0	$179,108
2022/23	0	$184,481
2023/24	0	$190,016
2024/25	0	$260,955
Net result		$1,689,457

Asset Management Implications

Current playground asset value is $2,900,000 with an annual renewal value of $193,333. With the adoption of the Strategic Plan the new asset value will be reduced to $2,000,000 with an annual renewal value of $133,333, indexed annually by 3%.

	Capital	Annual	Comments
Annual Renewal		$133,333	Over 15 years
Interest (economic cost)		$0	8% pa
Depreciation (ongoing costs)		$133,333	Over 15 years
Maintenance (ongoing cost)		$13,333	10% Annual Renewal

		$279,999	Per year

Strategic Implications

Strategic Community Plan 2012 – 2022

Social

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

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

Corporate Business Plan 2013/2014 – 2016/2017

2.3.2 Develop Public Open Space Strategy and coordinate implantation schedule

Environmental Considerations

Nil

Attachments

a.	Playground and Public Open Space Strategic Plan 2015-2025 - Under Separate Cover

Officer’s Recommendation

That Council

1. Adopt the Playground and Public Open Space Strategic Plan 2015-2025 with the amended implementation schedule.

2. Instruct the Chief Executive Officer to investigate opportunities for rationalising existing local open space and identify any surplus requirements that may be sold to fund future public open space upgrades.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 March 2016 Page 44

12.5 Corporate Resources

Item: 12.5.1

Dust Monitoring Station Agreement - Southern Ports Authority, Port of Esperance

Author/s	Rebecca Warren	Administration Officer
Authorisor/s	Jennifer Parry	Manager Corporate Support
	Shane Burge	Director Corporate Resources

File Ref: D16/4588

Applicant

Southern Ports Authority, Port of Esperance

Location/Address

Lot 12, (77) Windich Street Esperance WA

Executive Summary

For Council to consider entering into a Deed of Licence with the Southern Ports Authority, Port of Esperance, for the Environmental Monitoring Station located on a portion of Lot 12, (77) Windich Street Esperance.

Recommendation in Brief

That Council agrees to grant the Southern Ports Authority, Port of Esperance, License to use the portion of land identified as Lot 12, (77) Windich Street Esperance for the purpose of Environmental Monitoring, for a Licence period of 5 years, commencing 1 April 2016 subject to specified conditions.

Background

A development application was received from the Port on 17 June 2009 for consent to construct a High Volume Air Sampler (HVAS) on Lot 12 Forrest Street, Esperance for environmental air monitoring purposes.

At the Ordinary Council Meeting, Tuesday 23 June 2009 Council resolved to approve the development application subject to a deed of agreement between the Shire of Esperance and the Esperance Port Authority outlining that the Port is responsible for equipment and site maintenance, security and any other associated costs, including electricity. For reasons unknown the deed of agreement was not executed.

A letter was received from Alan Byers, General Manager Ports, Southern Ports Authority, Port of Esperance on 12 January 2016, requesting permission from the Shire of Esperance to install an additional HVAS on Shire property adjacent to the already existing HVAS that was installed in 2009. The HVAS installation process commenced on 13 January 2016, prior to any planning or development applications being submitted or approved by Shire officers.

An application and plan detailing the development of the new dust monitoring station was received on Monday 18 January 2016. Development of the station commenced prior to the lodgment of the planning application, resulting in a penalty fee of $294.00.

Retrospective planning approval for the new HVAS was granted on 22 January 2016, in accordance with the provisions and conditions contained within Local Planning Scheme No. 23.

Officer’s Comment

It is recommended that a Deed of Licence between the Shire of Esperance and Southern Ports Authority, Port of Esperance be executed as per the previous Council resolution, with the inclusion of the additional HVAS unit.

The additional HVAS is required by the Department of Environment and Regulation as a condition of works approval which would allow five trial shipments of copper and nickel concentrated to be exported via a rotating container system.

The Southern Ports Authority have confirmed that there are no specific timelines for the use of the HVAS unit, however it is assumed that the additional HVAS unit will no longer be required after the completion of the trial shipments in 2017/2018. Due to the short term requirement of the additional HVAS unit, an agreement for a term of one (1) year, with four one (1) year options is recommended.

Consultation

Southern Ports Authority, Port of Esperance

City of Bunbury

Shire of Esperance Planning Services

Financial Implications

An annual license fee is proposed to be charged as per the Council approved minimum rate, currently $986.00 for the 2016/2017 financial year. The annual fee is subject to change annually at the discretion of Council.

An agreement preparation fee of $100.00 (ex. GST) will be charged in accordance with COR 004: Building and Property Leases.

Asset Management Implications

The Southern Ports Authority, Port of Esperance (Licensee) will be responsible for the management, repairs, maintenance and renewal of all assets on the Licenced premises.

Statutory Implications

Planning and Development Act 2005

Local Government Act 1995 - Section 3.58 Disposing of Property

Policy Implications

COR 004: Building & Property Leases

‘2. Property Classifications - Register

This policy requires the Chief Executive Officer to maintain a register of all Council property that is leased and this be in the order of the property classifications within this policy. Details included within the Register would be name of lessee, description of the leased property, term of the lease, lease fee.

3. Lease Preparation Fees

A Lease Preparation Fee shall be charged to all leases as set within the Annual Schedule of Fees & Charges.’

Strategic Implications

Strategic Community Plan 2012 - 2022

Environment

Manage environmental risks in the Shire

A Shire which seeks to mitigate environmental risks across the Shire

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.12 Manage Shire leases and insurances

Environmental Considerations

The additional sampler is required to capture respirable dust which will be sampled and assessed for levels of metals and compared to relevant criteria in order to confirm that levels of metal in the dust pose no significant risk to the environment or community.

Attachments

a.	Request for consent - Additional High Volume Sampler - Southern Ports Authority, Port of Esperance
b .	Planning Approval for additional High Volume Air Sampler - Lot 12 (77) Windich Street, Esperance

Officer’s Recommendation

That Council agree to enter into a Deed of Licence with the Southern Ports Authority, Port of Esperance for the Environmental Monitoring Station located on a portion of Lot 12, 77 Windich Street Esperance, subject to the following;

1. The term of the Licence be for 1 year from 1 April 2016 with four additional one (1) year options;

2. The annual licence fee be as per the Council approved minimum rate, currently $986.00 per annum;

3. The costs associated with the installation of a metered electricity supply are to be borne by the applicant.

4. The Licensee cover all costs associated with installation, monitoring and removal of the HVAS (including any upgrades);

5. Any barbed wire proposed to be used in the fence surrounding the monitoring equipment is to comply with the standards contained in the Local Laws Relating to Fencing.

6. On the termination of monitoring activities the development shall be removed and the site remediated into a state consistent with that before the development took place.

7. The Licensee pay $100.00 (ex. GST) License Preparation Fee; and

8. Authorises the CEO to execute the Licence.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 March 2016 Page 58

Item: 12.5.2

Policies Review - External Services

Author/s	Rebecca Warren	Administration Officer
Authorisor/s	Shane Burge	Director Corporate Resources
	Jennifer Parry	Manager Corporate Support

File Ref: D16/5065

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to review the section of the Policy Manual that relates to External Services.

Recommendation in Brief

That Council accept amendments to the External Services section of the Policy Manual as reviewed.

Background

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

Officer’s Comment

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

Policy Name	New Ref No.	Recommended Amendment
DEV-HS 001: LIVING ON BOARD VESSELS	EXT 001	Addition of 6 week time frame per 6 month period.
		Change to delegated authority
		Change wording to specify maximum of 3 weeks per vessel at any one time.
DEV-HS 003: REFUSE AND RECYCLING COLLECTION SERVICES	EXT 002	Updates to reflect current legislation.
DEV-HS 004: 3,4-D HIGH VOLATILE ESTER USE	EXT 003	Unchanged
DEV-PS 001: APPLICATIONS LODGED BY STAFF OR ELECTED MEMBERS	EXT 004	Removal of condition regarding certification of clearance of subdivision and strata title conditions.
DEV-PS 002: REFUSAL OF PLANNING APPLICATIONS	EXT 005	Changes to timeframes regarding requests for outstanding information.
DEV-PS 003: NON REFUNDABLE DEVELOPMENT SERVICES APPLICATION FEES	EXT 006	Note: Policy not applicable to Statutory Requirements as outlined in Building Legislation regarding return of fees.
DEV-BS 001: RETAINING WALLS	EXT 007	Addition of prescriptive descriptions regarding objectives and purpose of retaining walls.
DEV-BS 001: RETAINING WALLS	EXT 007	Change to wall height resulting in additional surcharge (500mm).
DEV-BS 002: KERB & FOOTPATH BONDS	EXT 008	Unchanged
DEV-BS 003: GEOTECHNICAL TESTING REQUIREMENTS FOR STRUCTURES	EXT 009	Unchanged
DEV-BS 004: OUTBUILDING – BUILDING LICENCES EXEMPT	-	Remove – not required.
DEV-BS 005: METHOD FOR DETERMINING CLIMATE ZONE FOR PROPERTIES LOCATED OUTSIDE ESPERANCE TOWNSITE	EXT 010	Unchanged
DEV-BS 008: WIND LOAD RATING	EXT 011	Unchanged
DEV-HS 002: TEMPORARY ACCOMMODATION DURING CONSTRUCTION OF A DWELLING	EXT 012	Replace prescriptive description regarding type of accommodation.
DEV-HS 005: OUTDOOR EATING FACILITIES IN PUBLIC PLACES	EXT 013	Update to current names and titles.
		Addition of fifth point: No smoking permitted in outdoor eating areas.
		Additional note outlining patron numbers are subject to number of available toilet facilities.
DEV-PS 004: PUBLIC ART	EXT 014	Change to description regarding seclusion and public safety.
EXT 007: RECREATIONAL ACTIVITIES ON COUNCIL FORESHORE	EXT 015	Policy updated to reflect current requirements of the foreshore including Commercial & Personal Trainer Activities.
DEV-BS 006: DIVIDING FENCES	EXT 016	Unchanged
COMM 001: BORROWING OF MUSEUM EXHIBITS	EXT 017	Updated to reflect current practices – All loans subject to signed agreement.
COMM 001: BORROWING OF MUSEUM EXHIBITS	EXT 017	Change to delegated authority.
COMM 002: COMMERCIAL USE OF HALLS	EXT 018	Unchanged
COMM 003: CIVIC CENTRE HIRE FEES NOT TO BE WAIVED	EXT 019	Unchanged
COMM 004: ARTS COLLECTION POLICY	EXT 020	Policy updated to reflect current practices.
COMM 005: BAY OF ISLES LEISURE CENTRE	-	Recommendation to remove policy.
COMM 006: MUSEUM VILLAGE MARKETS	EXT 021	Removal of key words and statute.
COMM 006: MUSEUM VILLAGE MARKETS	EXT 021	Removal of objective to develop the Museum Village Precinct as the tourism focal point of Esperance.
ENG 011: FIRE MANAGEMENT – ROADSIDE BURNING	EXT 022	Policy moved from Asset Management to External Services.
ENG 013: SANITATION AND RECYCLING	EXT 023	Policy moved from Asset Management to External Services.
CORP 01: BUSHFIRE MANAGEMENT	EXT 024	Policy moved from Corporate Services to External Services.
CORP 01: BUSHFIRE MANAGEMENT	EXT 024	Policy rewritten to reflect current practices.

Consultation

Executive Manager Community Division

Director External Services

Statutory Implications

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

Local Government Act (Functions and General) Regulations 1996

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.14 Coordinate the review of Policy Manual.

Attachments

Policies Review - External Services - Under Separate Cover

Officer’s Recommendation

That Council Endorse the External Services section of the Policy Manual inclusive of amendments and deletions as reviewed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 March 2016 Page 76

Item: 12.5.5

2015/16 Budget Review

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

File Ref: D16/6291

Applicant

Internal

Executive Summary

For Council to consider adopting the 2015/16 Budget Review as per the legislative requirement.

Recommendation in Brief

That Council adopt the 2015/16 Budget Review.

Background

The Council has traditionally undertaken a Budget Review to assess the impact of actual events upon the adopted budget. The budget review document contains actual transactions up to the end of December 2015 and also a predicted figure for each account till the end of the financial year. The predicted figures attempt to quantify the likely difference that invariably occurs between the budget and the end of financial year actual result.

A detailed dissection of the income and expenditure variations is supplied as an attachment. The report lists all accounts which have a variance (surplus or deficit) from which was estimated in the annual budget. All of the variances shown require Council approval by Absolute Majority to adjust the original budget. If Council resolves to adjust the budget as per the attachment, it will provide a predicted $2,155 surplus by 30 June 2016.

The Audit Committee considered the budget review at it’s meeting held on the 9^th March 2016 and resolved to recommend that the 2015/16 Budget Review be adopted by Council.

Officer’s Comment

The Budget Review has been compiled in the statutory reporting program format similar to the monthly financial report. Four columns of information have been presented as follows:

1. The first column being the Council’s adopted budget

2. The second column contains the actual result recorded to 31 December 2015

3. The third column contains the actual result recorded to 17^th February 2016

4. The fourth column being the predicted result to the 30 June 2016

Revenue is presented in brackets, eg (100,000) and expenditure is presented without brackets.

The Budget Review process is essentially designed to ensure that the adopted budget is being adhered to and that there are no material variances that may cause a deficiency in “cash” to occur at financial years end.

A balanced budget was adopted by Council for the 2015/16 budget.

Since adoption, budget amendments have been presented and adopted by Council taking the amended budget to a $22,000 deficit.

The main variations which have been identified since budget adoption are outlined below:

· FAGS funding was less than anticipated at budget time.

· An increase in interest income for Reserves based on more favourable rates than predicted.

· An increase in rates due to UV valuations higher than expected. Council resolved in September to offset this additional income by re-sheeting two rural roads.

· The budget for Strategic Community Plan Engagement has been reduced as it is now scheduled to occur in the new financial year.

· Employee costs for Corporate Resources have increased to accommodate payment to other Shires’ for ex-employees when they take long service leave. The Shire has a commitment to pay for long service leave that was accrued whilst employed in Esperance. Accordingly the long service leave accrual has been reduced to reflect these payments.

· An increase in reimbursements for Corporate Resources for insurance rebates/reimbursements.

· A reduction in audit services expected due to a change in auditors.

· An increase in special projects for Emergency Management includes the payments to families who had damage or lost homes from the November bushfires. This was reimbursed to the Shire from the Department of Premier and Cabinet.

· Employee costs for Ranger Services have increased to incorporate extra wages for a ranger who is assisting in the Emergency Response Information Centre (ERIC) office.

· The budget for the Cemetery Master Plan has been removed as this will now be completed in-house.

· An increase in budget for Community Energy Efficiency Program (CEEP) to account for the 7^th milestone being met. This payment was sent to GVROC and an offsetting income has been received from Department of Industry, Innovation and Science. This results in a nil effect on the municipal fund.

· The Wylie Bay Waste Facility Capping will not be completed this year and will be re-budgeted next year. This was offset by a Sanitation Reserve transfer in.

· BOILC fees have been reduced due to the 10 week closure of the swimming pool for maintenance.

· The Shire is currently in negotiation with Max Employment to re-sign an agreement for another twelve months for the Work for the Dole Program. The Shire receives funding from Max Employment for supervisor employment costs and bus hire to transport work for the dole participants to the work sites. The budget for the expense and income has been increased to accommodate this to the end of the financial year.

· Unfortunately the Shire was unsuccessful in its application for grant funds for coastal rehabilitation. The income and expense accounts have subsequently been reduced.

· Depreciation across the schedules has increased due to the fair value of infrastructure at the end of 2015. The Parks area has had a substantial increase because up to 2015 the parks had been fully depreciated. Revaluation of infrastructure has reinstated a value for parks and therefore depreciation is required again.

· An increase in reimbursements for Parks has incurred from an insurance payout for fire damaged Lake Monjingup infrastructure. A capital budget for the expenditure has also been included.

· Lotterywest has committed to funding for the skatepark so income and expenditure has been increased to reflect this.

· Included in budget for Public Halls is a significant corporate contribution towards rebuild of fire damaged infrastructure with a corresponding expense account.

· The budget for the Sports Stadium rebuild has been reduced with the funds quarantined in reserve. The budget remaining for the current year is to complete construction drawings.

· Income for the Airport has been reduced due to the change in airline security with REX airlines taking over from Virgin.

· Income for Road and Street has been increased for reimbursement from Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) and insurance for damage from the November bush fires. Net estimated cost to shire for unrecoverable costs is $50,000.

· An increase in reimbursements for Outside Works represents workers compensation claim payments.

· A significant decrease in vehicle costs for Plant and Vehicles reflects the reduction of fuel prices.

· Building maintenance accounts is balanced to the annual allocation with the main variation within the budget being a reduction in the Scaddan Community Hall (demolition was budgeted) and an increase in the Bay of Isles Leisure Centre (maintenance of the pool).

In conclusion the Budget Review is a good result. The original budget commenced as a balanced budget and with a number of budget amendments since July resulted to a $22,000 deficit. After reviewing the budget as at 31 December the expected budget position is now $2,155 surplus which also includes additional unplanned expenditure due to the November Bushfire. Overall there has been a net saving of $119,000 of which $95,000 has been proposed to be transferred to the Priority Projects Reserve.

Consultation

Executive Services

Corporate Resources

External Services

Asset Management

Financial Implications

As detailed in the attached Budget Review documentation.

Statutory Implications

Local Government (Financial Management) Regulation 1996 – 33(a) Review of Budget

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Manage Financial Services

Attachments

Budget Review 2015-16

Officer’s Recommendation

That Council adopt the 2015/16 Budget Review.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 March 2016 Page 178

Item: 12.5.8

Deed of Variation and Extension - Shark Lake Agricultural Land Lease

Author/s	Rebecca Warren	Administration Officer
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D16/5168

Applicant

Jon Knox

Location/Address

Lot/s 20, 21, 9500, 122, 123, 124, 125, 26, 127, 128, 129, 130, 131, 132, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46 on deposited plan 64784 in Shark Lake Industrial Park, Shark Lake Road, Esperance.

Executive Summary

For Council to consider entering into a Deed of Variation and Extension of Lease for a term of one (1) year with Jon Knox, for Lot/s 20, 21, 9500, 122, 123, 124, 125, 26, 127, 128, 129, 130, 131, 132, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46 in the Shark Lake Industrial Park, Shark Lake Road, Esperance

Recommendation in Brief

That Council agrees to extend the Lease to Jon Knox on the above identified lots in the Shark Lake Industrial Park, Shark Lake Road Esperance for one (1) year subject to a Deed of Variation.

Background

Shark Lake Industrial Park was established in 2009. The land was advertised for sale, however interest was scarce and no sales of land occurred within the Shark Lake Industrial Park at the time.

Submissions were called for Tender 1113 Shark Lake Agricultural Land Lease in late 2013 to lease the land from grazing purposes. A report was presented to the Ordinary Council Meeting on 28 January 2014 where Council resolved to award the Tender to Jon Knox for a term of 2 years with five additional one (1) year options, at the discretion of Council.

Sale of Lot 39, Shark Lake Road was settled in August 2015 for $140,000.00. This reduced the leased land area by 13,292.86 m², and therefore the rent on the Lease was altered from $3,200.00 per annum to $3,158.13 per annum (inc GST).

At the Ordinary Council Meeting held Tuesday 27 January 2016, Council resolved to enter into an industrial lease on Lot 47 for 5 years with a 2 year option. Mr Knox’ lease will now be reduced by the agreed agricultural lease rent applicable to this Lot.

Officer’s Comment

Mr Knox has requested to enter into the first Lease option, for a term of one (1) year. As per Councils original decision, each option is at the discretion of Council. Due to Lot 39 and Lot 47 being included in the current lease, a Deed of Variation will be required in order to ensure change in Lease area is identified. The exclusion of Lot 39 and Lot 47 from the Lease area reduces the land area by 119,052.53 m² in total, with the new lease area being 896,991.71 meters square.

Mr Knox is currently using the land for grazing purposes, which is assisting to maintain the land as well as weed and fire mitigation. All dealings and negotiations with Mr Knox regarding the Lease and/or sale of lots included in the Lease have been pleasant and no reason can be found as to why the first further term of 1 year would not be granted.

Consultation

Jon Knox

Financial Implications

The current rent on the property is $3,158.13 per annum (inc GST). In accordance with the Lease document, the lease rate is $12.75 per acre. The new rent (including the C.P.I. rent review) for the adjusted lease area will be $2,826.55 (inc GST).

In accordance with the lease, the rent is subject to change if further lots are disposed.

Asset Management Implications

Asset Management implications are minimal being that the lease is land only with the Lessee being responsible for all maintenance.

Statutory Implications

Local Government Act 1995 - Section 3.58 Disposing of Property

Policy Implications

CORP 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.12 Manage Shire leases and insurances

Attachments

Annexure - Lease Area - Shark Lake Industrial Park

Officer’s Recommendation

That Council agree to extend the current Lease for the Shark Lake Industrial Park, Shark Lake Road Esperance, to Jon Knox, subject to the following:

1. A Deed of Variation outlining the exclusion of Lot 39 & Lot 47 be executed, with the new lease area being 896,991.71 meters square;

2. The rent be $2,826.55 inclusive of GST per annum;

3. The Deed of Extension be for a term on one (1) year, with four additional (1) year options remaining;

4. Authorises the CEO to execute the lease in accordance with Section 9.49A of the Local Government Act 1995 for Execution of Documents.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 March 2016 Page 185

		6.2 Prohibition orders (s.65(1), s.66 & s.67(4)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			1) Serve a Prohibition order on the proprietor of a food business in accordance with s65 of the Food Act 2008 (the Act) 2) Give a Certificate of clearance, where inspection demonstrates compliance with a Prohibition order and any Improvement Notices [s66 of the Act]. 3) Give written notice to proprietor of a food business on whom a Prohibition Order has been served of the decision not to give a certificate of clearance after an inspection [s67(4) of the Act].
Statutory Power being Delegated:			Food Act 2008 s.65(1) – Prohibition order s.66 – Certificate of clearance to be given in certain circumstances s.67(4) – Request for re-inspection
Power is originally assigned to:			Enforcement Agency (Local Government)
Statutory Power of Delegation			Food Act 2008 s.118(2)(b) – Local government (enforcement agency) may delegate a function conferred on it s.118(3) – Delegation subject to conditions [s119] and guidelines adopted [s120] s.118(4) – Sub-delegation only permissible if expressly provided in regulations
Power Delegated to:			Chief Executive Officer Director External Services Manager Development Compliance Coordinator Environmental Health Environmental Health Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Nil
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Food Act 2008 Food Regulations 2009 Department of Health: Food Act 2008 Regulatory Guideline No.1: Introduction of Regulatory Food Safety Auditing in WA Department of Health: Food Unit Fact Sheet 8: Guide to Regulatory Guideline No.1 Department of Health: WA Priority Classification System Department of Health: Food Act 2008 Verification of Food Safety Program Guideline
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.				7.
4.				8.

		6.3 Registration of food business (s.110(1)(5) & S.112)
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].			1) Register a food business in respect of any premises for the purposes of Part 9 of the Food Act 2008 and issue a certificate of registration [s110(1) of the Food Act 2008 (the Act)]. 2) After considering an application, determine to grant (with or without conditions) or refuse the application [s110(5) of the Act]. 3) Vary the conditions or cancel the registration of a food business in respect of any premises under Part 9 of the Food Act 2008 [s112(1) of the Act].
Statutory Power being Delegated:			Food Act 2008 s.110 (1) and (5) – Registration of food business s.112 – Variation of conditions or cancellation of registration of food businesses
Power is originally assigned to:			Enforcement Agency (Local Government)
Statutory Power of Delegation			Food Act 2008 s.118(2)(b) – Local government (enforcement agency) may delegate a function conferred on it s.118(3) – Delegation subject to conditions [s119] and guidelines adopted [s120] s.118(4) – Sub-delegation only permissible if expressly provided in regulations
Power Delegated to:			Chief Executive Officer Director External Services Manager Development Compliance Coordinator Environmental Health Environmental Health Officer
Council’s Conditions on Delegation:			Nil
Statutory Power to Sub-Delegate:			Nil
Record Keeping Statement [s5.46(3)]			A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links			Food Act 2008 Food Regulations 2009 Department of Health: Food Act 2008 Regulatory Guideline No.1: Introduction of Regulatory Food Safety Auditing in WA Department of Health: Food Unit Fact Sheet 8: Guide to Regulatory Guideline No.1 Department of Health: WA Priority Classification System Department of Health: Food Act 2008 Verification of Food Safety Program Guideline
Delegation Administration:
	Decision Reference				Decision Reference
1.	Adopted - June 2013, Resolution # O0613-012			5.
2.	Reviewed – May 2015, Resolution # O0515-026			6.
3.				7.
4.				8.

Shire of Esperance

Building Applications Approved from 1 February 2016 to 29 February 2016

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

Club/Community Building

11/02/2016

16055

R Ridgway

16 Hicks Street

ESPERANCE WA 6450

Sims Street

NULSEN

Lot: 955 Pln: 193019

Fibre Cement

Steel

Timber

29.0

10,000.00

New Building

Occupancy Permit ‑ Classes 2‑9

03/02/2016

16108

B D Partington

26 Goldfields Road

CASTLETOWN WA 6450

South Coast Highway

CHADWICK

Lot: 9001 Pln: 73198

9177

Steel

Timber

New Building

Occupancy Permit ‑ Classes 2‑9

10/02/2016

16213

Glen Echo Pty Ltd

4 Hill Street

CHADWICK WA 6450

15 Hill Street

CHADWICK

Lot: 2001 Pln: 29799

9556

Steel

Concrete

1.0

New Building

Retaining Wall

12/02/2016

16224

L D Hudson

26 Peppermint Grove

WEST BEACH WA 6450

11 Bostock Street

WEST BEACH

Lot: 772 D: 64002

1001526

Concrete

20,000.00

New Building

Dwelling ‑ Single

Brick, veneer

Steel

Concrete

363.0

420,000.00

New Building

Patio

22/02/2016

16246

C G Jennings

71A Westmacott Street

CASTLETOWN WA 6450

71A Westmacott Street CASTLETOWN

Lot: 761 Pln: 214231

Steel

Concrete

6,000.00

New Building

Dwelling ‑ Single

02/02/2016

16264

Jollygood Enterprises Pty Ltd

10 Scholey Street

SINCLAIR WA 6450

45 Barney Road

CHADWICK

Lot: 805 Pln: 18305

11528

Other

Steel

Concrete

171.0

180,000.00

New Building

Garage/Shed

Other

Steel

Concrete

132.0

60,000.00

Alterations

Club/Community Building

08/02/2016

16265

84 Dempster Street

ESPERANCE

Lot: 809 Pln: 183864

Concrete

6.0

15,000.00

New Building

Industrial Building

03/02/2016

16291

J Gomm

P O Box 1729

Albany 6331

37 McDonald Road

CHADWICK

Lot: 16 Pln: 73198

7861

Steel

Concrete

792.0

245,000.00

New Building

Dwelling ‑ Ancillary Accommodation

15/02/2016

16293

G E Dinning

12 Brazier Street

ESPERANCE WA 6450

12 Brazier Street

ESPERANCE

Lot: 25 D: 38716

OB 1001927

Timber

Steel

Concrete

70.0

75,000.00

New Building

Garage/Shed

03/02/2016

16302

T J Harvey

3 North Road

CASTLETOWN WA 6450

86 Walmsley Street

BANDY CREEK

Lot: 279 Pln: 69443

Steel

Concrete

74.0

16,000.00

New Building

Dwelling ‑ Single

17/02/2016

16303

Glen Echo Pty Ltd

4 Hill Street

CHADWICK WA 6450

15 Waterlily Way

CASTLETOWN

Lot: 1070 Pln: 400374

9556

Brick, veneer

Steel

Concrete

246.0

316,616.00

New Building

Garage/Shed

Steel

Concrete

63.0

10,000.00

Alterations

Dwelling ‑ Single

04/02/2016

16305

G A Hughes

41 Princess Street

PINK LAKE WA 6450

71 Cherry Well Road

PINK LAKE

Lot: 17 Pln: 39964

Brick, veneer

Tiles (concrete tiles)

Concrete

1,000.00

New Building

Garage/Shed

10/02/2016

16307

FGS Contracting

Esperance 6450

35 Black Street

ESPERANCE

Lot: 366 Pln: 209753

101335

Steel

Concrete

42.0

15,000.00

New Building

Patio

01/02/2016

16308

Wrinkly Tin & Cladding Company Pty Ltd

3 Corry Street

ESPERANCE WA 6450

27 Gunton Circle

CASTLETOWN

Lot: 140 Pln: 53876

Steel

Concrete

28.0

10,500.00

Page 1 of 3

Shire of Esperance

Building Applications Approved from 1 February 2016 to 29 February 2016

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

18/02/2016

16309

Scott Contracting

Lot 42 Helms Drive

PINK LAKE WA 6450

43 Collier Road

PINK LAKE

Lot: 2 D: 39282

Steel

Concrete

108.0

19,600.00

New Building

Garage/Shed

24/02/2016

16310

C J Mansell

3 Alexander Drive

CASTLETOWN WA 6450

11 Chantilly Circuit

CASTLETOWN

Lot: 949 Pln: 49174

Steel

Concrete

14.0

4,000.00

Alterations

Patio

11/02/2016

16311

N F Martin

19 Collie Street

WEST BEACH WA 6450

19 Collie Street

WEST BEACH

Lot: 144 Pln: 13543

Steel

Concrete

20.0

5,000.00

New Building

Garage/Shed

26/02/2016

16312

J A Bezuidenhout

17 Cabble Close

CASTLETOWN WA 6450

Sanctuary Crescent

PINK LAKE

Lot: 123 Pln: 49450

Steel

Concrete

56.0

8,700.00

New Building

Dwelling ‑ Single

16/02/2016

16313

Partington BD & SW

24/26 Goldfields Road

CASTLETOWN WA 6450

8A Coleman Street ESPERANCE

Lot: 257 Pln: 400377

9177

Brick, double

Steel

Concrete

185.0

240,000.00

New Building

Dwelling ‑ Single

24/02/2016

16315

WA Country Builders

96‑102 Stirling Terrace

ALBANY WA 6330

16 Remark Drive

CASTLETOWN

Lot: 72 Pln: 57159

11422

Brick, veneer

Steel

Concrete

283.0

339,825.00

Alterations

Dwelling ‑ Single

22/02/2016

16316

P T Miller

4/6 La Page Street

CASTLETOWN WA 6450

6 La Page Street

CASTLETOWN

Lot: 350 Pln: 1376

Brick, veneer

Steel

Concrete

18.0

18,000.00

New Building

Dwelling ‑ Single

25/02/2016

16321

WA Country Builders

96‑102 Stirling Terrace

ALBANY WA 6330

12 Hastings Crescent

CASTLETOWN

Lot: 54 Pln: 57159

11422

Brick, veneer

Steel

Concrete

326.0

423,321.00

New Building

Office Building

25/02/2016

16323

Ryan Dixon PTY LTD T/A Dixon Construction

The Esplanade

Esperance WA 6450

100 Harbour Road

CHADWICK

Lot: 320 Pln: ESPERT

14605

Brick, veneer

Steel

Concrete

500.0

2,019,000.00

New Building

Dwelling ‑ Single

26/02/2016

16324

Maguire (WA) Pty Ltd

22B Andrew Street

ESPERANCE WA 6450

47 Woody Avenue

CASTLETOWN

Lot: 1018 Pln: 400374

13090

Brick, veneer

Steel

Concrete

262.0

323,461.00

$4,801,023.00

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

08/02/2016

16304

R Kendall

Lot 4 Keenan Road

MONJINGUP WA 6450

144 Keenan Road

MONJINGUP

Lot: 4 D: 59860

Not Specified

Steel

Concrete

60.0

25,000.00

Alterations

Other Structure

Brick, veneer

Steel

Concrete

8.0

10,000.00

New Building

Garage/Shed

Steel

Concrete

61.0

20,000.00

New Building

Factory/Workshop

Steel

Concrete

138.0

45,000.00

Alterations

Dwelling ‑ Single

16/02/2016

16306

W Evans

4 Carlisle Street

KATANNING WA 6317

36A Goldfields Road CASTLETOWN

S/L: 1 S/P: 27037

Timber

Steel

Concrete

20.0

13,500.00

Page 2 of 3

Description	Budget Figure	Amended Figure	Variation
Defect maintenance	$0	$30,000	$30,000
Structural assessment, design and drafting	$0	$30,000	$30,000
Net result			$60,000

a.	Information Bulletin - March 2016
b.	Register - Delegations Discharge – Corporate Resources
c .	Interplan report - February 2016 - Under Separate Cover

Disclosure of Financial, Proximity or Impartiality Interests

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

Declaration of Interest (Notes for Your Guidance)

Author/s	Bill Parry	Asset Management Coordinator
Authorisor/s	Mathew Walker	Acting Director Asset Management

a.	Expired MOU - Recycled Water Supply - Water Corporation
b.	Interim MOU - Recycled Water Supply - Water Corporation and Shire of Esperance - 19 Aug 2015 to 18 Aug 2018

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

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