Ordinary Council: Agenda

28 June 2016 Page 4

Declaration of Interest (Notes for Your Guidance)

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4. If in doubt declare.

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

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

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

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

Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

28 June 2016 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 28 June 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 24 May 2016, and the Special Council Meeting of the 31 May 2016 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services - Statutory Division

Item: 12.1.1

Local Planning Strategy - Amendment 1 - Final Approval

Author/s	Peter Wilks	Town Planning Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D16/12459

Applicant

Ayton Baesjou Planning on behalf of Department of Housing, Estate of TO & JD Ballantyne and NJ & IM Norwood

Location/Address

Precinct 25 – Pink Lake East

Executive Summary

For Council to consider granting final approval to Amendment 1 to the Local Planning Strategy to modify the provisions of Precinct 25 – Pink Lake East and Plans 1 and 2 to provide limited subdivision opportunities for lots larger than 4 hectares.

Recommendation in Brief

That Council grants final approval to Amendment 1 to the Local Planning Strategy.

Background

The Local Planning Strategy was approved and came into affect on 4^th February 2010.

An application was received on 26th August 2014 for amendments to the Local Planning Strategy, with changes subsequently requested by Planning Services. An amended document was provided to Planning Services on 20 October 2014.

The amendment was presented to Council for initiation at the Ordinary Council meeting held on 14 December 2014. Where Council resolved that Council, pursuant to Section 12 of the Town Planning Regulations 1967 resolve to:

1. Initiate Amendment No. 1 to the Local Planning Strategy.

2. Amend the Local Planning Strategy by:

2.1. Amending the text as follows:

2.2. Modify the “Objectives” by deleting the existing objective and replacing it with.

2.2.1. ‘Objectives: Further subdivision may be supported subject to land capability assessment and where it can be demonstrated that there will be no detrimental impact on the environment particularly in relation to Pink Lake and Lake Warden.’

2.2.2. Modify the ‘Strategies’ by deleting the first dot point and replacing it with.

2.2.2.1 ‘Further subdivision may be supported subject to detailed site assessment.’

2.2.3. Modify the ‘Actions’ by including the additional action:

2.2.3.1 ‘Subdivision and Development will not be supported in areas subject to inundation.’

2.3. Amending Plan 1 - Esperance Town Site Centre; and Plan 2 – Esperance Surrounds by:

2.3.1. Removing the ‘No Subdivision’ overlay to the south of Longbottom Lane.

2.3.2. Replace the current advice note with the following advice:

· No further subdivision to the north of Longbottom Lane.

· Subdivision of land to the south of Longbottom Lane may be supported subject to detailed site assessment, improvement of access, bush fire protection and protection of remnant vegetation.

· A minimum lot size of 2ha is recommended except for the area within P3 Water Reserve where a minimum lot size of 1ha may be supported, subject to conditions.

· To the south of Pink Lake Road, an Outline Development Plan is required prior to subdivision. A minimum Lot size of 2ha is required within the P2 Water Reserve.

· Subdivision to higher densities may be supported outside of Special Control Area 5 if deep sewer is provided to all lots.

3. Forward Local Planning Strategy Amendment 1 under Regulation 12A(2) of the Town Planning Regulations 1967 to the WAPC and proceed to advertising of the amendment for public inspection under 12(B) after the WAPC has certified the Strategy Amendment for public notice under Regulation 12A(3) of the Town Planning Regulations 1967.

4. Advertise to all landowners within the precinct boundary and any other parties as requested by the WAPC, once the WAPC has certified Amendment No. 1 under regulation 12A(3) of the Town Planning Regulations 1967.

5. Require the payment of a $4,500 for the processing of Local Planning Strategy Amendment No. 1.

The amendment was subsequently referred to the Western Australian Planning Commission and to the Department of Parks and Wildlife.

The proposal was advertised for 37 days, in excess of the 21 requested by the WAPC, due to potential impacts and time conflicts during the Easter period. The proposal was advertised between the 31^st of March 2016 and the 13^th of May 2016.

Officer’s Comment

Upon receiving the permission to advertise from the WAPC, Amendment No. 1 was advertised for comment in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The advertising was commenced on the 31 March 2016 and closing on 13 May 2015 being a period of 44 days. Advertising consisted of:

· Advertising notice in the Esperance Express – 15 April 2016;

· 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 nine (9) submissions were received, all of which were from Government Departments and Servicing Agencies.

Although all of the submissions indicated no objection to the proposal, several comments and requests were raised although none adversely impact on the Amendment. The Department of Water in particular provided no objection to the proposal subject to the following:

1. No further subdivision north of Longbottom Lane.

2. Land Capability Assessments being undertaken as part of any and all subdivision applications for the area, the land capability assessments to include demonstrated impacts of subdivision on water quality, including nutrients and drainage as well as identification and protection of remnant vegetation.

3. No development is to occur on flood prone land, or land subject to inundation.

4. Wetlands, waterways, floodplain, flood prone land and native vegetation in the vicinity of Pink Lake and Lake Warden are to be identified and protected with appropriate buffers.

5. Complies with the Department of Water’s Water Quality Protection Note No. 25 (2016) Land use Compatibility Tables, in particular lot size requirements in groundwater priority areas.

All of these points can be accommodated as part of assessment or application requirements at time of subdivision.

In the processing of the review of the Local Planning Strategy it was determined that the proposed wording of the amendment could be improved as follows:

1.1 Modify the “objective” by deleting the existing object and replacing it with:

No further subdivision north and west of Longbottom Lane as a result of a range of constraints in this area.

Further subdivision south and east of Longbottom Lane may be supported subject to a Structure Plan, including a land capability assessment and where it can be demonstrated that bushfire risk can be managed and there will be no detrimental impact on the environment, particularly in relation to Pink Lake and Lake Warden and vegetation connectivity across the Precinct.

1.2 Modify the ‘Strategies’ by deleting the first dot point and replacing it with:

· No further rural residential subdivision will be considered north and west of Longbottom Lane.

· Further subdivision to the south and east of Longbottom Lane may be supported subject to detailed site assessment and bushfire management.

The remainder of the amendment resolution can remain however the proposed modification clearly delineates within the text where subdivision is and is not appropriate.

Consultation

· Advertising notice in the Esperance Express – 15 April 2016;

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

· Referral letters to government departments and servicing agencies.

Financial Implications

A payment of $4500 in Amendment Application Fees has been received.

Statutory Implications

Planning and Development Act 2005

Town Planning Regulations 1967

Local Planning Scheme No. 23

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Local Planning Strategy

Precinct 25 – Pink Lake East

Strategies:

· No further rural residential subdivision will be considered.

· Encourage the retention of remanent vegetation

· Ensure that development recognises the need to manage fire risk thought the precinct.

Actions:

Ensure that development address the following key environmental issues:

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

ii. Protection against possible addition of pollutants, via surface and groundwater, to Pink Lake.

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

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

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

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

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

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

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

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

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

Attachments

a .	Documentation - Under Separate Cover
b .	Strategy Plan 1
c .	Strategy Plan 2
d .	Resolution Pages from Precinct 25
e .	Schedule of Submissions

Officer’s Recommendation

That Council resolve to:

1. Note the submissions received in relation to Local Planning Strategy Amendment No. 1.

2. Support Local Planning Strategy Amendment No. 1 along with the proposed modifications in accordance with Regulation 14(2)(b) of the Planning and Development (Local Planning Scheme) Regulations 2015 by:

a. Modify the “objective” by deleting the existing object and replacing it with:

i. No further subdivision north and west of Longbottom Lane as a result of a range of constraints in this area.

ii. Further subdivision south and east of Longbottom Lane may be supported subject to a Structure Plan, including a land capability assessment and where it can be demonstrated that bushfire risk can be managed and there will be no detrimental impact on the environment, particularly in relation to Pink Lake and Lake Warden and vegetation connectivity across the Precinct.

b. Modify the ‘Strategies’ by deleting the first dot point and replacing it with:

· No further rural residential subdivision will be considered north and west of Longbottom Lane.

· Further subdivision to the south and east of Longbottom Lane may be supported subject to detailed site assessment and bushfire management.

3. Authorise the Shire President and Chief Executive Officer to execute Local Planning Strategy Amendment No. 1 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 25

Item: 12.1.2

Development Application - Retaining Walls - Lot 320 (5) Crossland Street, Esperance

Author/s	Peter Wilks	Town Planning Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D16/13068

Applicant

Wrinkly Tin and Cladding Company (Ian Mumme) on behalf of Graeme Stokes

Location/Address

Lot 320 (5) Crossland Street, Esperance

Executive Summary

For Council to consider an application for Planning Approval for Development Application 10.2016.3203.1 for Retaining Walls at Lot 320 (5) Crossland Street, Esperance.

Recommendation in Brief

That Council approve the Development Application 10.2016.3203.1 for Retaining Walls at Lot 320 (5) Crossland Street, Esperance subject to conditions.

Background

An application for Retaining Walls was received on 3 May 2016. Contact with the son of the neighboring landowner was established on 20 May 2016 with an objection being received on 23 May 2016 on the grounds of proximity to the boundary and a lack of surcharge rating for the proposed retaining wall having a detrimental impact on Lot 321 (7) Crossland Street.

Lot 320 (5) Crossland Street is 1012 square metres in size and is zoned Residential R20 under Local Planning Scheme No. 23.

The adjoining Lot 321 (7) Crossland Street slopes sharply towards Lot 320 (5) Crossland Street, with a change in elevation of up to four metres from where the existing Dwelling on Lot 321 (7) Crossland Street down to the Dwelling on Lot 320 (5) Crossland Street. Lot 320 is majority cleared, with an existing Dwelling and Outbuilding (Shed). Lot 321 is well vegetated and contains an old Dwelling.

Officer’s Comment

The proposed retaining wall is to have the following dimensions:

· 35 metres in length;

· 1.8 metres in height at its highest point;

· Tapering down to 0.45 metres at the front boundary;

· Tapering down to 0.6 metres towards the rear;

· A nil setback to the western boundary.

The major variations proposed are:

· A reduced setback to the side boundary - 1.5 metre required, nil setback proposed;

· The lack of surcharge rating for the retaining wall.

The applicant has indicated that the reduced setback is to allow for vehicles to enter and exit the rear of Lot 320 (5) Crossland Street which will not be possible with a standard setback. In addition it is common practice for Retaining Walls to be located in close proximity to boundaries to allow for maximum use of available land.

Surcharge rating means the ability of the retaining wall to withstand additional loads such as new construction and vehicle movements on top of the retaining wall, the proposal does have a definite impact on Lot 321 (7) Crossland Street as it effectively prevents development within 1.8 metres of the retaining wall. This can be mitigated by requiring as a condition of approval the retaining wall being designed and constructed in accordance with the specifications of a certified engineer to accommodate surcharge loadings.

The representative for the owner of Lot 321 (7) Crossland Street has also expressed some concern regarding the potential for future landslip. As this retaining wall is to be dug into the hill by the owner of Lot 320 (5) Crossland Street, the responsibility for retaining all earth in proximity to the retaining wall will be the responsibility of the owner of Lot 320 (5) Crossland Street who will thus be responsible for rectifying any issues or landslips of the earth associated with the retaining wall.

Consultation

Advertising was undertaken to the adjoining landowner of Lot 321 (7) Crossland Street as the sole affected landowner, who subsequently placed an objection to the proposal.

Statutory Implications

The statutory implications associated with this item are

· Planning and Development Act 2005

· Local Planning Scheme No. 23

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Attachments

a.	Plans
b.	Initial Objection
c.	Formal Objection

Officer’s Recommendation

That Council approve the Development Application 10.2016.3203.1 for Retaining Walls on Lot 320 (5) Crossland Street, Esperance, subject to the following conditions:

1. Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plan(s) unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. All earthworks, retaining walls and/or associated drainage details shall be undertaken in accordance with plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices for surcharge loading, to the satisfaction of the Shire of Esperance (Building Services).

3. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

4. The existing infrastructure located within the road reserve shall be retained and protected during the construction process period with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division).

5. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

6. The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

7. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

8. The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

9. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

and the following Advice Notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

2. The development is to comply with the Building Code of Australia, Building Regulations and the Local Government Act.

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

4. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

5. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 33

Item: 12.1.3

Preliminary Consideration - Rotary Club Wishing Well - Esperance Foreshore Reserve

Author/s	Peter Wilks	Town Planning Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D16/13245

Applicant

Gary Ramm on behalf of the Esperance Rotary Club

Location/Address

Esperance Foreshore Reserve (Reserve 27318)

Executive Summary

For Council to determine whether it is willing to consider the potential placement of a Wishing Well on the Esperance Foreshore Reserve.

Recommendation in Brief

That Council endorse the CEO to sign the application forms for the proposed Esperance Rotary Club Wishing Well to be located on the Esperance Foreshore Reserve.

Background

Correspondence was received on 2 June 2016 from Mr Gary Ramm, asking what the application requirements were for a proposal by the Esperance Rotary Club for the construction of a Wishing Well on the Esperance Foreshore Reserve. Upon discussions with Richard Hindley and Terry Sargent, it was determined that the best course of action was to refer to initial proposal to Council to determine whether Council would support the placement of the wishing well at the proposed location.

Officer’s Comment

Mr Ramm has indicated that, through the use of a large crane, the construction of the wishing well will not result in any impact on the paving or landscaped areas.

The proposal is compliant with Local Planning Scheme No. 23 regarding development on reserves and is unlikely to cause significant impact on the local area during or after construction.

If the officers resolution is supported the development application for the wishing well will be determined under delegated authority.

Asset Management Implications

The Asset Management implications, particularly those for on-going maintenance, will need to be resolved as part of any Planning Approval for the proposal.

Statutory Implications

The statutory implications associated with this item are

· Planning and Development Act 2005

· Local Planning Scheme No. 23

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Attachments

a.	Correspondence
b.	Plans - Site Plan
c.	Plans - Elevations and Location Plan

Officer’s Recommendation

That Council:

1. Authorise the CEO to sign the application forms for the proposed Esperance Rotary Club Wishing Well to be located on the Esperance Foreshore Reserve (Reserve 27318).

2. Apply the following riders in addition to any development application determined under delegated authority:

a. The Esperance Rotary Club is to accept all liability associated with the location of the wishing well;

b. All maintenance of the wishing well is to be at the expense of the Esperance Rotary Club;

c. The removal of the wishing well is to be at the expense of the Esperance Rotary Club should the removal of the wishing well be required; and

d. Any other cost associated with the development will be at Esperance Rotary Clubs expense.

3. Future requests for development applications for development (not land use) on Reserve 27318 will be subject to the consent of Council unless associated with lease that has the prior approval of Council.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 41

Item: 12.1.4

Local Planning Scheme No. 23 - Amendment No. 20 - Final Approval

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

File Ref: D16/13539

Applicant

Internal

Executive Summary

For Council to consider granting final approval for Amendment 20 to Local Planning Scheme No. 23 to amend the Scheme by incorporating new clauses and amending existing clauses relating to Second-hand Dwellings.

Recommendation in Brief

That Council resolve to grant Final Approval to Amendment 20 to Local Planning Scheme No. 23 and forward the Amendment No. 20 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 27 January 2016, where Council resolved (O0116-011):

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

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

2. Amend Local Planning Scheme No. 23 by:

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

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

5.24 Second-hand Dwelling Requirements

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

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

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

b. The void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials as approved by the local government.

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

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

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

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

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

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

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

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

Officer’s Comment

In accordance with Planning and Development (Local Planning Schemes) Regulations 2015, Local Planning Scheme No. 23 (LPS 23) Amendment No. 20 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 22 February 2016 that after consideration of the LPS 23 Amendment No. 20 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. 20 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 30 March 2016 and closed on 17 May 2016 being a period of 49 days.

Consultation

· Advertising notice in the Esperance Express – 1 April 2016;

· 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 seven (7) submissions were received, all of which were from Government Departments and Servicing Agencies. All seven of the submissions from servicing and government agencies gave no comment or no objection to the proposed amendment.

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

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

A community with high quality and efficient buildings and development

Attachments

Schedule of Submissions

Officer’s Recommendation

That Council resolve to:

Adopt Local Planning Scheme No. 23 Amendment No. 20 for Final Approval, by:

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

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

5.24 Second-hand Dwelling Requirements

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

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

b. The void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials as approved by the local government.

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

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

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

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

4. Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 20 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. 20.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 48

Item: 12.1.5

Appointment of Brigade Fire Control Officers and Permit Issuing Officers

Author/s	Lonica Collins	Community Emergency Services Coordinator
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/13836

Applicant

Bush Fire Advisory Committee

Location/Address

Shire of Esperance

Executive Summary

That Council endorse the appointment of the Brigade level Fire Control Officers and Permit Issuing Officers for the 2016/17 fire season.

Recommendation in Brief

That Council authorise the listed appointments in accordance with the Bush Fire Act 1954 as Brigade Bush Fire Control Officers and Permit Issuing Officers for the Shire of Esperance.

Background

The Bush Fire Advisory Committee nominates Senior and Deputy Fire Control Officers for zones within the Shire of Esperance each year who are then appointed by Council as per the Bush Fires Act 1954. The brigades also nominate Fire Control Officers and Permit Issuing Officers at a brigade level which are also required to be endorsed by Council.

Officer’s Comment

This recommendation is a requirement under Section 38 of the Bush Fire Act 1954 and allows brigade Fire Control Officers to carry out their duties on the fire ground and issue permits to community members as required.

Consultation

As nominated by officers of each individual Bush Fire Brigade in the Shire of Esperance.

Statutory Implications

The statutory implications associated with this item are Bush Fires Act 1954.

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Encourage and support volunteers and community groups

Active and growing volunteer and community groups

Attachments

Nil

Officer’s Recommendation

That Council authorise the following appointments in accordance with the Bush Fire Act 1954 as Brigade Bush Fire Control Officers and Permit Issuing Officers (PIO) for the Shire of Esperance:

Cascade

Mick Rollond

Bradd Vermeersch

John Carmody

Mark Walter

Rodd King (PIO)

Condingup

Phil Chalmer (PIO)

Lyndon Mickel (PIO)

Rod Taylor (PIO)

Adrian Perks (PIO)

Coomalbidgup

Kirk Jeitz (PIO)

Simon Stead (PIO)

Kingsley Scott (PIO)

Dalyup

Peter Luberda (PIO)

Tom Murray (PIO)

Gibson

Blake Halford (PIO)

David Mills (PIO)

Paddy Barber (PIO)

Howick

Simon Schlink (PIO)

Mt Beaumont

Peter Harkness (PIO)

Craig Inkster (PIO)

Tom Brown (PIO)

Keegan Harris

Mt Merivale

Andrew Middleton (PIO)

Robbie Johnston (PIO)

Munglinup

Gavin Gibson (PIO)

Andrew Bott (PIO)

Barn Fetherstonaugh (PIO)

Neridup

Dave Cox (PIO)

Jacob Graham (PIO)

Scott Lawrence

Matthew Gilmour

Pink Lake

Michael Sainty (PIO)

Chook Henderson (PIO)

Quarry Road

Tom Parkins (PIO)

John Durdin (PIO)

Laurie Palmer

Ron Chambers

Salmon Gums

Rory Graham (PIO)

Peter Guest (PIO)

Ross Doney (PIO)

Scaddan

Gavin Egan (PIO)

Kentyn Wehr (PIO)

Greg Raszyk (PIO)

Kym Berry (PIO)

Six Mile Hill

Peter Rowe (PIO)

Southern Mallee

John Hallam (PIO)

Michael Ietto (PIO)

Paul Defrenne (PIO)

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 50

12.2 External Services - Commercial Division

Item: 12.2.1

Approval to Tender Lots in Flinders Stage 2

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

File Ref: D16/13514

Applicant

Internal Report

Location/Address

See Attachment A – Map of Stage 2 Lots (lots marked are those currently available, this is subject to change dependent on any offers received between now and the tender issuing).

Executive Summary

Approval to proceed to tender and allow properties in Flinders that don’t sell through this tender to continue to be sold via Chief Executive Officer (CEO) delegation for a further six month period.

Recommendation in Brief

That Council

1. Direct the CEO to advertise all unsold lots within Flinders Stage 2, excluding lots 236-252 and 290 (and any lots under offer at the time the tender is advertised), for sale by tender.

2. Confirm it believes that the valuation received from Herron Todd White on the 30 May 2014 is still a fair indication of the value of the unsold lots in Flinders Stage 2.

3. Re-list all lots that don’t receive an offer through the tender process.

4. Delegate authority to the CEO to negotiate and accept offers on all listed properties at or above the licensed valuations as received from Herron Todd White on the 30 May 2014.

Background

The current delegated authority to the CEO to accept offers on lots within the Flinders development is due to expire.

Delegated authority to the CEO can only be provided for a maximum of 6 months following a tender or auction process being undertaken. In order to enable Council to provide a delegation to the CEO for a further six months it is proposed another tender be called as soon as possible.

So far this financial year three lots have sold, while four lots settled last financial year. This leaves 11 lots currently listed for sale.

The valuation received in May 2014 (see attachment B) is still seen as current following discussions with real estate agents and the valuer regarding current market conditions and based on the limited activity that has occurred since the last tender was undertaken.

Officer’s Comment

No submissions have been received for the last five tenders that have issued for lots in Flinders Stage 2. This recommendation removes the need for Council to reconsider these lots prior to them being re-listed with real estate agents unless a submission is received. In the event that one or more tender submissions is received, this recommendation will allow all lots not involved in a submission to be listed with real estate agents while the tenders are being considered, minimising the time the lots are off the market.

It has been recommended that Council continue to rely upon the licensed valuation obtained in May 2014 [as allowed under s3.58 (4)(c)(ii)] as there has been little change in the market in the intervening time. If Council believes a new valuation is appropriate an amendment to the existing recommendation will enable this.

Consultation

Landmark Harcourts

Heron Todd White (valuer)

Financial Implications

Income from the sale of land at Flinders will, in the first instance, be used to repay borrowings from the WA Treasury Corporation.

Asset Management Implications

This report deals with the potential disposal of Council assets.

Statutory Implications

The statutory implications associated with disposing of property are contained within:

Local Government Act 1995

Section 3.58 Disposing of Property

Local Government (Function and General) Regulations 1996

Regulation 30 Dispositions of property excluded from Act s. 3.58

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

Attachments

a.	Map of Stage 2 Lots
b .	Licensed Valuation Flinder Stage 2 May 2014 - Confidential

Officer’s Recommendation

That Council

1. Direct the CEO to advertise all unsold lots within Flinders Stage 2, excluding lots 236-252 and 290 and any lots under offer at the time the tender is advertised, for sale by tender.

2. Confirm it believes that the valuation received from Herron Todd White on the 30 May 2014 is still a fair indication of the value of the unsold lots in Flinders Stage 2.

3. List all lots that don’t receive an offer through the tender process, at the following prices:

LOT	SIZE (SQM)	VALUE
214	762	$190,000
226	766	$185,000
227	766	$185,000
228	766	$185,000
266	768	$190,000
267	768	$190,000
271	801	$190,000
275	801	$185,000
276	760	$190,000
277	760	$190,000
281	760	$190,000

4. Delegate authority to the CEO to negotiate and accept offers on all listed properties at or above the licensed valuations as received from Herron Todd White on the 30 May 2014.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 55

12.3 External Service - Community Division

Item: 12.3.1

Community Grants Program - 2016/2017 Budget and Annual Applications

Author/s	Lynda Horn	Community Support Officer
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/12815

Applicant

Community Support

Location/Address

Internal

Executive Summary

For Council to consider the applications received under the Community Grants Program for annual allocation in the 2016/2017 budget.

Recommendation in Brief

That Council includes into the 2016/2017 Annual Budget the following funds to be distributed in accordance with the criteria and guidelines of the Community Grants Program:

· Support category budget of $20,000

· Assistance category, applications to the value of $13,475

· Development category, applications to the value of $71,809

· Events category, applications to the value of $36,000

Background

The Community Grants Program is the Shire’s principal community investment program. Through this

program Council contributes to community wellbeing by:

· Supporting and stimulating diverse and dynamic projects, programs and activities;

· Encouraging collaboration through engagement and participation in the community;

· Facilitating stronger, more sustainable and resilient communities; and

· Supporting the maintenance and upgrade of community facilities.

This will be the 16th year of the provision of grant funding to the community.

A total of 25 applications, requesting $177,163.96, were received under the 3 annual grant categories of the Community Grants Program:

· Assistance category (7 applications)

· Development category (9 applications)

· Events category (9 applications)

The guidelines and application forms for the Community Grants Program are available on the Shire’s website. The guidelines state that “The grants program is designed to provide limited financial assistance and is not intended to be relied upon as a primary or recurrent source of funding”, and “All funding requests must not exceed 50% of the total project cost (with the exception of the Support category).”

Among other requirements, part of the guiding assessment criteria states that applicants need to demonstrate the community need for the project, benefit to the community, alignment to the Shire of

Esperance Strategic Community Plan, organisational ability to effectively manage the project and capacity to make a financial and in-kind contribution towards the project.

Officer’s Comment

The confidential Community Grants Program Matrix has been supplied to Council, for individual assessments of applications received. All applications have been reviewed resulting in the recommendations for funding; however the following applications have not been recommended for funding:

· Rotary Club of Esperance Bay – Esperance Adventure Camp

· 10^th Light Horse Esperance Troop – Uniforms

· Esperance Soccer Club – Building Improvement Project

· Rotary Club of Esperance – Australia Day Entertainment

An annual allocation for the Support category is required for the 2016/2017 budget.

In addition, at the Ordinary Council Meeting held on 26 November 2013 (resolution O1113-005),

Council have committed to the provision of $43,296 to the Esperance Community Arts for the

2016/2017 year. This is the third and final year of the pre-approved funding allocation.

Consultation

A panel of Community Support officers reviewed the applications received.

Financial Implications

This report commits $184,580 to the Community Grants Program in the 2016/2017 Annual Budget.

Statutory Implications

Local Government Act 1995, Section 6.2 Local Government to prepare annual budget

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Encourage and support volunteers and community groups

Active and growing volunteer and community groups

Corporate Business Plan 2013/2014 – 2016/2017

Manage the Community Grants program

Attachments

Nil

Officer’s Recommendation

That Council includes into the 2016/2017 Annual Budget the following funds, to be distributed

in accordance with the criteria and guidelines of the Community Grants Program:

1. Support category budget of $20,000 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;

2. Assistance category budget of $13,475, allocated to the following organisations:

· Teen Challenge WA Inc – Camping Project – $1,975

· Esperance Care Services – ReJener8 Program – $4,000

· Esperance Junior Cricket Association – Equipment trailer purchase – $2,500

· ESCARE – Dardy Grub Cooking Club – $3,000

· Scouts Association of WA Esperance Branch – Scout Outdoor Activity Project – $2,000

3. Development category budget of $71,809, allocated to the following organisations:

· Esperance Brass Band – Operational Costs – $5,000

· Esperance Care Services – Waste Management – $15,000 towards waste management costs and $5,000 towards shelters

· Esperance Equestrian Club – Equipment Shed – $9,611 subject to approved Department of Sport and Recreation CSRFF funding

· Cannery Arts Centre – Cannery Arts Centre Activities and Maintenance project – $8,144

· Esperance Twilight Aerials Gymnastics Club – Upgrade and Purchase of Equipment – $3,000

· Esperance Bay RC Club – Esperance Bay RC Club – $4,500 towards the cost of timing equipment

· Esperance Goldfields Surf Life Saving Club – Planning and Development stage of Clubroom Build Over – $10,000 towards consultants fees and up to $9,316 to be managed by the Shire of Esperance towards Shire planning and building approval fees

· Grass Patch Community Development Association – Post Office Toilet and Disabled Carpark Project – $1,238 towards the toilet installation and up to $1,000 to be managed by the Shire of Esperance towards a disabled car park

4. Events category budget of $36,000, allocated to the following organisations:

· Esperance Volleyball Association Inc – Alcohol Think Again Beach Volleyball Tour Esperance Round – $7,000

· Royal Flying Doctor Esperance Auxiliary – Walk and Talk with Sabrina – $4,000 towards presenter fees

· Castletown Primary School P&C – 50^th Anniversary Book Launch and Afternoon Tea – $2,500 towards book production costs

· Esperance Cycling Club – Tour D’Esperance – $2,500

· Esperance R&SL – Entrenchment Project – up to $10,000 towards the hire cost of the Civic Centre

· Condingup Primary School P&C – 2017 Condingup P&C Community Fair – $2,000

· Esperance Soccer Club – 2017 Esperance Inter-Regional Soccer Carnival – $2,500 towards event setup and $500 towards ground hire fees.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 58

Item: 12.3.2

Age Friendly Community Report

Author/s	Lynda Horn	Community Support Officer
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/13645

Applicant

External Division – Community Support

Executive Summary

This report represents the results of the Plus 55 community consultations initiated to provide Council with direction on making Esperance an aged friendly community.

Recommendation in Brief

That Council receive the Age Friendly Community report, distribute the report to relevant agencies and support the development of an implementation plan

Background

The Corporate Business plan has an identified action to develop a seniors’ strategy.

During October and November 2015, the Shire of Esperance actively engaged and sought input from members of the community aged over 55 years through the ‘Plus 55 Community project’. The aim of the project was to identify how Esperance could be improved as an age friendly community as well as identifying where improvements could be made to make Esperance more age friendly.

The project was funded by a grant from the Department of Local Government and Communities. The project was also supported through community champions, service organisations, stakeholders and community groups. The Shire engaged a consultant, Jodie Mortadza of Consult Innovate Create, to facilitate the engagement activities and prepare the project report.

The Department funding required eight themes to be covered within the engagement activities. The themes were outdoor spaces and buildings, transport, social participation and employment, respect and inclusion, communication and information, community support and health services.

The subsequent Age Friendly Community Report is a strategic report aimed at the whole of the

Esperance community and stakeholders, who are all potential investors in Esperance and its future. The report does not commit Council to any expenditure or resource requirements.

Officer’s Comment

The project provided the Esperance community members aged 55 and over with the opportunity to share their perspectives about their community and have their voice heard by the Council for consideration in the Council’s future planning and development initiatives and processes.

An implementation plan will need to be developed (in consultation with the other community stakeholders) for consideration by Council for inclusion into the Shire’s Corporate Business Plan and long term financial plan.

Consultation

This project sought input from people aged 55 and over in the community and various local community champions (reference group members), stakeholders (including BOICO, ENAC, GIFSA, Esperance Care Services), community groups (including CWA, R&SL of Esperance, Esperance Senior Citizens Centre, Esperance Bay Historical Society) who hosted, promoted and participated in the engagement activities.

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

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

A Shire where the broadest community feel welcome involved and connected to each other.

Corporate Business Plan 2013/2014 – 2016/2017

Develop and implement a Seniors Plan

Attachments

Age Friendly Community Report - 2015 - Under Separate Cover

Officer’s Recommendation

That Council

1. Receive the Age Friendly Community Report;

2. Distribute the report to stakeholder agencies;

3. Support the development of an implementation plan.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 60

12.4 Asset Management

Item: 12.4.1

0001-16 Prequalified Supplier Panel - Plant Hire

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Mathew Walker	Acting Director Asset Management

File Ref: D16/13769

Applicant

Asset Management

Executive Summary

This report provides Council with details of the applications received for 0001-16 Prequalified Supplier Panel – Plant Hire.

Recommendation in Brief

That Council accept all compliant applicants for appointment to 0001-16 Prequalified Supplier Panel – Plant Hire as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System.

Providing advise to all Applicants in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2016/17 financial year.

Background

The Local Government (Functions and General) Regulations 1996 (Regulations) govern the establishment of a panel of pre-qualified suppliers.

In order to comply, Council invited applications for the formation of a Prequalified Supplier Panel for Plant Hire for the 2016/17 financial year. 0001-16 Prequalified Supplier Panel – Plant Hire was advertised in the West Australian on 13 May 2016 and was advertised in the Esperance Express on the 13 May 2016, with a closing time of 2.00pm on Thursday, 2 June 2016.

Officer’s Comment

It is proposed to accept all compliant applications, as attached. Approved applicants will be required to participate in the Shire of Esperance’s online contractor management system (including induction(s)) prior to Officers engaging their services. The Shire has advised all Applicants that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the period of which the Panel is established.

Subcategories of plant within this Panel include Dozer, Grader, Trucks and Trailers, Loader, Scraper, Water Tanker and Trailers, Low Loaders, Stabiliser Equipment, Rollers, Excavators, and Bobcats/Skid Steers.

Consultation

Procurement Officers

Relevant Contract Managers (Shire Officers)

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

The successful applicants will allow appropriately qualified subcontractors to be utilised on Road Construction and Maintenance projects predominantly, thereby assisting in asset maintenance and renewal.

Statutory Implications

Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Part 4 Division 3.

Policy Implications

COR 007 Procurement Policy

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Attachments

a .

Confidential - 0001-16 - Prequalified Supplier Panel - Plant Hire - Confidential

Officer’s Recommendation

That Council

1) Accept the following compliant applicants for appointment to 0001-16 Prequalified Supplier Panel – Plant Hire as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicants compliance with the Shire of Esperance Contractor Management System

i) AB King Earthmoving

ii) AJ Russell Grader Hire

iii) AF & SP Ridgway

iv) Ballantyne Earthmoving

v) Esperance Earthworks

vi) Esperance Laser Levelling

vii) Gencon Civil

viii) Kee Hire

ix) Larmour Earthmoving

x) Mara Crann Pty Ltd

xi) McD Contracting

xii) Onsite Rental Group

xiii) RB & DP Schmitt

xiv) Stablised Pavements

xv) The Weed Terminator

xvi) Titan Contracting

xvii) Westside Equipment

xviii) Western Stabilisers

xix) WJ & V Easton

2) Advise all Applicants in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2016/17 financial year.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 63

Item: 12.4.2

0002-16 Prequalified Supplier Panel - Building Services

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Mathew Walker	Acting Director Asset Management

File Ref: D16/13770

Applicant

Asset Management

Executive Summary

This report provides Council with details of the applications received for 0002-16 Prequalified Supplier Panel – Building Services.

Recommendation in Brief

That Council accept all compliant applicants for appointment to 0002-16 Prequalified Supplier Panel – Building Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System.

Background

The Local Government (Functions and General) Regulations 1996 (Regulations) govern the establishment of a panel of pre-qualified suppliers.

In order to comply, Council invited applications for the formation of a Prequalified Supplier Panel for Building Services for the 2016/17 financial year. 0002-16 Prequalified Supplier Panel – Building Services was advertised in the West Australian on 13 May 2016 and was advertised in the Esperance Express on the 13 May 2016, with a closing time of 2.00pm on Thursday, 2 June 2016.

Officer’s Comment

Subcategories within this Panel include Plumbing, Electrical, Glazing, General Labour/Handyman, Painting, Fire Services, Mechanical/Air Conditioning, Waste Removal and Disposal, Pest Control, General Cleaning, and Test and Tag and RCD Inspection Services.

Consultation

Procurement Officers

Relevant Contract Managers (Shire Officers)

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

The successful applicants will allow appropriately qualified subcontractors to be utilised on Shire building maintenance projects thereby assisting in asset maintenance and renewal.

Statutory Implications

Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Part 4 Division 3.

Policy Implications

COR 007 Procurement Policy

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Attachments

Confidential - 0002-16 Prequalified Supplier Panel - Building Services - Confidential

Officer’s Recommendation

That Council

1) Accept the following applicants for appointment to 0002-16 Prequalified Supplier Panel – Building Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicants compliance with the Shire of Esperance Contractor Management System

i) Esperance Fire Services

ii) ARA Fire Protection Services

iii) Bay of Isles Mini Excavators

iv) South East Fire and Safety

v) DJT Painting Services

vi) Dunn’s Cleaning Service

vii) Esperance Electrical Service

viii) Esperance Glass Service Pty Ltd

ix) Esperance Plumbing Service

x) G & J Wilson Plumbing and Gas Service

xi) Coastal Climate Choice

xii) Keypest and Weed Control Pty Ltd

xiii) Noel Fleming

xiv) OCS Services Pty Ltd

xv) Mackenzies Electrical & Refrigeration

xvi) South Coast Test and Tag

xvii) ThermoAir

xviii) Wayne Herbert

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 66

Item: 12.4.3

0003-16 Prequalified Supplier Panel - Workshop Services

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Mathew Walker	Acting Director Asset Management

File Ref: D16/13771

Applicant

Asset Management

Executive Summary

This report provides Council with details of the applications received for 0003-16 Prequalified Supplier Panel – Workshop Services.

Recommendation in Brief

That Council accept all compliant applicants for appointment to 0003-16 Prequalified Supplier Panel – Workshop Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System.

Background

The Local Government (Functions and General) Regulations 1996 (Regulations) govern the establishment of a panel of pre-qualified suppliers.

In order to comply, Council invited applications for the formation of a Prequalified Supplier Panel for Workshop Services for the 2016/17 financial year. 0003-16 Prequalified Supplier Panel – Workshop Services was advertised in the West Australian on 13 May 2016 and was advertised in the Esperance Express on the 13 May 2016, with a closing time of 2.00pm on Thursday, 2 June 2016.

Officer’s Comment

Subcategories within this Panel include Automotive Electrical, Automotive Air Conditioning, Mechanical Repairs (in workshop and mobile), Automotive Tyres, and Automotive Batteries.

Consultation

Procurement Officers

Relevant Contract Managers (Shire Officers)

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

The successful applicants will allow appropriately qualified subcontractors to be utilised to meet the requirements of the workshop.

Statutory Implications

Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Part 4 Division 3.

Policy Implications

COR 007 Procurement Policy

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Attachments

a.	Confidential - 0003-16 Prequalified Supplier Panel - Workshop Services - Confidential

Officer’s Recommendation

That Council

1) Accept the following applicants for appointment to 0003-16 Prequalified Supplier Panel – Workshop Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicants compliance with the Shire of Esperance Contractor Management System;

i) Esperance Combined Tyre and Mechanical Service

ii) Esperance Mobile Mechanical

iii) GMN Mechanical

iv) Southern Suspension & 4x4 Centre

v) Mining Maintenance Solutions Australia

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 68

Item: 12.4.4

0004-16 Prequalified Supplier Panel - Parks and Reserves Maintenance

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Mathew Walker	Acting Director Asset Management

File Ref: D16/13772

Applicant

Asset Management

Executive Summary

This report provides Council with details of the applications received for 0004-16 Prequalified Supplier Panel – Parks and Reserves Maintenance.

Recommendation in Brief

That Council accept all compliant applicants for appointment to 0004-16 Prequalified Supplier Panel – Parks and Reserves Maintenance as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System.

Background

The Local Government (Functions and General) Regulations 1996 (Regulations) govern the establishment of a panel of pre-qualified suppliers.

In order to comply, Council invited applications for the formation of a Prequalified Supplier Panel for Parks and Reserves Maintenance for the 2016/17 financial year. 0004-16 Prequalified Supplier Panel – Parks and Reserves Maintenance was advertised in the West Australian on 13 May 2016 and was advertised in the Esperance Express on the 13 May 2016, with a closing time of 2.00pm on Thursday, 2 June 2016.

Officer’s Comment

Subcategories within this Panel include Chemical Spraying, Fencing Maintenance, Mowing Services, Playground Installation and Maintenance Services, Roadside Vegetation Management, and Tree Maintenance Services.

Consultation

Procurement Officers

Relevant Contract Managers (Shire Officers)

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

The successful applicants will allow appropriately qualified subcontractors to be utilised to meet the requirements of Parks and Reserves.

Statutory Implications

Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Part 4 Division 3.

Policy Implications

COR 007 Procurement Policy

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Attachments

Confidential - 0004-16 Preqaulified Supplier Panel - Parks and Reserves Maintenance - Confidential

Officer’s Recommendation

That Council

1. Accept the following applicants for appointment to 0004-16 Prequalified Supplier Panel – Parks and Reserves Maintenance as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicants compliance with the Shire of Esperance Contractor Management System;

i. Esperance Tree Lopping

ii. Mara Crann Pty Ltd

iii. The Trinity’s Contractor

iv. The Weed Terminator

v. ETS Vegetation Management

vi. Titan Contracting Australia

2. Advise all Applicants in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2016/17 financial year.

Voting Requirement Simple Majority

Item: 12.4.5

0005-16 Prequalified Supplier Panel - Traffic Management

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Mathew Walker	Acting Director Asset Management

File Ref: D16/13773

Applicant

Asset Management

Executive Summary

This report provides Council with details of the applications received for 0005-16 Prequalified Supplier Panel – Traffic Management.

Recommendation in Brief

That Council accept all compliant applicants for appointment to 0005-16 Prequalified Supplier Panel – Traffic Management as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System.

Background

The Local Government (Functions and General) Regulations 1996 (Regulations) govern the establishment of a panel of pre-qualified suppliers.

In order to comply, Council invited applications for the formation of a Prequalified Supplier Panel for Traffic Management for the 2016/17 financial year. 0005-16 Prequalified Supplier Panel – Traffic Management Maintenance was advertised in the West Australian on 13 May 2016 and was advertised in the Esperance Express on the 13 May 2016, with a closing time of 2.00pm on Thursday, 2 June 2016.

Officer’s Comment

Subcategories within this Panel include Traffic Control, Traffic Management Plans, and Traffic Control Equipment.

Consultation

Procurement Officers

Relevant Contract Managers (Shire Officers)

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

Statutory Implications

Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Part 4 Division 3.

Policy Implications

COR 007 Procurement Policy

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Attachments

Confidential - 0005-16 Prequalified Supplier Panel - Traffic Management - Confidential

Officer’s Recommendation

That Council

1) Accept the following applicants for appointment to 0005-16 Prequalified Supplier Panel – Traffic Management as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicants compliance with the Shire of Esperance Contractor Management System;

i) CB Traffic Solutions

ii) Jacka Trenching & Fencing

iii) LGC Group Pty Ltd

iv) Roadsafe Traffic Management

v) Rural Traffic Services

Voting Requirement Simple Majority

12.5 Corporate Resources

Item: 12.5.1

Rate Exemption Confirmation for ACTIV Foundation Inc.

Author/s	Shane Burge	Director Corporate Resources
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D16/13777

Applicant

Activ Foundation Inc.

Location/Address

26 Jane Street, Esperance

11A Sheldon Road, Esperance

Executive Summary

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

Recommendation in Brief

That Council confirms to grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 to Activ Foundation Inc. for 26 Jane Street, Esperance (Assessment 2725) and 11A Sheldon Road, Esperance (Assessment 78345).

Background

Activ Foundation Inc. recently wrote to the Shire and all other local authorities where they hold property seeking a rates exemption due to charitable purpose for its properties under Section 6.26(2)(g) of the Local Government Act 1995.

ACTIV Foundation Inc. has held property in the Shire of Esperance for a considerable number of years. Our records indicate that the properties have not changed hands whilst we have been keeping electronic records. It also shows that the Shire of Esperance has never charged rates on either property, albeit we are unable to find a resolution from the Council to confirm a rates exemption under Section 6.26(2)(g) of the Local Government Act 1995.

Activ enable people living with disability to reach their potential and to make real lifestyle choices. They are committed to ensuring their services and supports are relevant and suitable to their clients individual needs.

Since 1951, Activ have grown to become Western Australia's largest disability service provider. Their services extend throughout the Perth metropolitan area and through various centers within regional WA and include:

· Accommodation: group homes which provide support with everyday living

· Home and Community Care: support which helps to maintain skills and connection within the community

· Recreation: day trips and holidays to interesting and exciting destinations

· Respite: options which support adults and children with disability and their families

· Supported Employment: meaningful employment for people with disability in Activ Business Services

· Transport Services: door to door bus service which enables Activ clients to get to their place of work and other commitments

Activ use the Jane St property for residential accommodation for people living with a disability while the Sheldon Rd property is an administrative building that is used exclusively for the disability sector.

Officer’s Comment

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

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

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

Legal opinion indicates that payment for services rendered or a profit motive by an institution does not deny that institution of charitable status for rating purposes, provided the profits do not accrue to an individual or non-charitable objects. However, if the charges function to exclude the element of public benefit, then this may be found to be inconsistent with the charity definition. In the instance of Activ Foundation Inc. some of their operations do generate income with any revenue distributed back into providing services for people living with a disability. I could be argued that the revenue raising activities are supportive and incidental to their operations and purpose.

Activ Foundation Inc. fit within the charitable purpose definition to include: relief of the aged, impotent and poor, the advancement of education and religion and other purposes of benefit to the community. It is common throughout WA local governments that charitable organisations that provide community services are exempt under Section 6.26(2)(g). This is also in line with the current practice by the Shire of Esperance by not charging rates on either of these properties.

It is therefore recommended that the Shire of Esperance confirms its rates exemption status for Activ Foundation Inc. under Section 6.26(2)(g) of the Local Government Act 1995 for the properties located in Jane St and Sheldon Road.

Consultation

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

Financial Implications

There are no adverse financial impacts to confirming rates exemptions to these properties as rates are currently not being charged.

Statutory Implications

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

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.19 Manage Shire Rates

Attachments

a.	Activ Request
b.	Charitable Collections Licence
c.	Charitable Status

Officer’s Recommendation

That Council confirms to grant a rates exemption under Section 6.26(2)(g) of the Local Government Act 1995 to Activ Foundation Inc. for 26 Jane Street, Esperance (Assessment 2725) and 11A Sheldon Road, Esperance (Assessment 78345).

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 75

cid:ACTIV06.JPG@1e8885bd.e487495d

Activ Foundation Inc

ARBN 060 921 271

Members Liability Limited

ABN 11 553 592 765

File Reference: Rate Exemption Applications 2016

Shire of Esperance

Administration Centre
Windich Street,
Esperance WA 6450

April 2016

Dear Rates Officer,

Re: Rate exemption for Activ Foundation owned and leased properties

1. 26 Jane st Esperance

2. 11 Sheldon rd Esperance

Local Government Rates and Taxes (“Rates”) – Application for Exemption – Activ Foundation Inc

Your Council will be aware that Activ is a local charitable foundation providing administration, workshops and activities for many disadvantaged people. Within your municipality some of these operations are conducted at premises leased by Activ Foundation.

We are aware that section 6.26(2)(g) of the Local Government Act 1995 (“the Act”) provides that land upon which Activ conducts its operations is not rateable land. That section states:

“The following land is not rateable land -…

…(g) land used exclusively for charitable purposes”.

At present rates are paid by Activ on these premises as part of “outgoings” under the respective lease agreements that relate to them. The lessor customarily passes on rates as an expense to Activ in this way.

Activ hereby applies for an exemption from your Council rates (“Rates”) in respect of the above premises.

Our submissions in support of this application follow.

1. POWER TO GRANT ASSUMPTION

Your council has the power under section 6.33(1) of the Act, to determine the predominant purpose to which particular land is put, to declare it as “not rateable” and to make the relevant adjustment to the rate record under section 6.39(1) of the Act.

2. ACTIV’S APPLICATION

Activ hereby applies to your council to determine, using your powers under the Act, that the Premises are used exclusively for charitable purposes and qualifies under section 6.26(2)(g) as “not rateable land”.

In support of this application (if applicable) Activ will provide to you, upon request:

(a) a statutory declaration to effect that Activ uses the premises exclusively for charitable purposes and its status as a charitable body.

Activ invites your council to request any further information it may require in support of this application.

3. SUMMARY

We make this application in accordance with a literal interpretation of the Act and of public policy generally. The objective and policy of the Act is, we respectively suggest, that charitable bodies such as Activ ought not pay Rates because of the valuable contributions to the community it otherwise makes.

In reliance on the above we respectfully request the relief from Rates as referred to above.

Yours faithfully,

Karen McKechnie

PROPERTY OPERATIONS COORDINATOR

Ordinary Council: Agenda

28 June 2016 Page 131

12.6 Executive Services

Item: 12.6.1

Corporate Business Plan 2016/17 - 2019/20

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

File Ref: D16/11382

Applicant

Internal

Executive Summary

That Council receive the reviewed Corporate Business Plan 2016/17 - 2019/20. This document has been reviewed and updated to reflect the operational actions and projects for the next four years.

Recommendation in Brief

That Council

1. Adopt the Corporate Business Plan 2016/17 – 2019/20

2. Requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

Background

The Integrated Planning and Reporting Framework, was legislated in late 2011 to allow local governments to plan for the future and to equip their organisations to respond to short, medium and long term community requirements. To meet compliance with the framework the Shire of Esperance has developed a suite of plans. These plans detail our resourcing capabilities for operational services and major projects, maintenance of community assets and predicted long term financial expectations. The Plans are reviewed annually to ensure they remain up to date, have full integration and provide a framework clearly outlining our current and future activities and resourcing requirements.

All managers reviewed their Business Unit plans with staff and Directors. These plans, along with briefing sessions held with the Executive Management Team and Council, have informed the review process, including the removal of actions that have been completed, identified new actions and taken in to consideration any changes in priorities or circumstances that have a direct affect on service delivery and meeting the goals and aspirations of the Strategic Community Plan 2012-2022.

Officer’s Comment

The Plan is compliant with the Integrated and Planning and Reporting Framework. Council and Executive staff have been involved in the review of the plan to ensure it is achievable and reflects where the Shire is currently and where it needs to be. The objective of the plan is to activate the goals and aspirations outlined in the Strategic Community Plan. The actions identified within the plan are in line with this objective.

Consultation

Council

Executive Management Staff

Shire of Esperance Staff

Statutory Implications

Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 (s19DA) outlines what is required of a Corporate Business plan and the requirement to develop asset management, workforce and long term financial plans:

Strategic Implications

Strategic Community Plan 2012-2022

All plans are intended to activate the Strategic Community Plan and therefore are intrinsically linked to all the Strategies identified.

Attachments

Draft Corporate Business Plan 2016-17

Officer’s Recommendation

That Council

1. Adopt the Corporate Business Plan 2016/17 – 2019/20

2. Requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 June 2016 Page 169

Item: 12.6.2

Review of Shire of Esperance Local Laws

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

File Ref: D16/12919

Applicant

Internal

Location/Address

The Shire of Esperance

Executive Summary

The Shire of Esperance Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2001, Local Government Property Local Law 2001 and Private Property Local Law 2003 is to be reviewed as per s3.16 of the Local Government Act 1995. These Local Laws need to be reviewed to determine their relevancy in the current environment. Shire Officers would like to update these Local Laws with input from the Community and determine if they should remain unchanged or if they need to be repealed or amended.

Recommendation in Brief

That Council requests the Chief Executive Officer give local and state-wide public notice of the Shire’s intent to review:

· Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2001;

· Local Government Property Local Law 2001; and

· Private Property Local Law 2003

Background

Local Laws are enforceable rules made by local governments to apply within their district. They help to establish and maintain the quality of life in line with the expectations of the local community and provide a standard under which businesses, residents and ratepayers must conduct their activities.

Local Laws support higher legislation (Acts of Parliament) to control and manage the more basic matters that affect the community. They can be helpful in the resolution of disputes, as well as achieving effective government.

Section 3.16(1) of the Local Government Act 1995 requires that all local laws of local government must be reviewed within an eight year period after their commencement or from their last review date. A full review of the Shire of Esperance Local Laws was undertaken in 2009. Amendments made after this review include the Cemeteries Local Law in November 2010, the Health and Fencing Local Laws were amended in June 2011, and the Repeal Local Law was gazetted 19^th January 2016.

· Council, at its meeting on the 26^th August 2014 requested the Chief Executive Officer give local and state-wide public notice of the Shire’s intent to review its suite of Local Laws. Council, at its meeting held on the 26^th May 2015 were advised Officers were still in the process of reviewing Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2001, Local Government Property Local Law 2001 and Private Property Local Law 2003; therefore these Local Laws were not included in the recommendations brought before Council.

Officer’s Comment

A full review means we can ensure the validity and timeliness of these Local Laws, ensuring they are kept relevant and provides a robust framework that supports our local community.

As significant time has elapsed since the Shire started reviewing the Suite of Local Laws, it is deemed appropriate to recommence the process, enabling officers to complete their review of the Local Law and provide sufficient opportunity for community feedback.

These Local Laws directly impact on several topical issues, including signage, al fresco and permitted activities on Local Government Property.

Consultation

WALGA

Community submissions will be sought during the review process.

Financial Implications

The financial implications arising from this report will be restricted to advertising costs and resource time during the review process.

Statutory Implications

The statutory implications associated with this item are:

· Local Government Act 1995 (s3.16)

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

Strategy 4.2 Maintain a clear, transparent and ethical decision making process

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

Corporate Business Plan 2014/2014 – 2016/2018

Action 4.2.1.3 Review standing orders local law

Action 4.3.1.3 Manage Corporate Reporting

Attachments

Nil

Officer’s Recommendation

That Council requests the Chief Executive Officer give local and state-wide public notice of the Shire’s intent to review Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2001, Local Government Property Local Law 2001 and Private Property Local Law 2003

Absolute Majority

Ordinary Council: Agenda

28 June 2016 Page 171

Item: 12.6.3

Playground and POS Strategic Plan 2015-2025 - Community Consultation Amendment

Author/s	Matthew Scott	Chief Executive Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D16/14375

Applicant

Shire of Esperance

Location/Address

Shire of Esperance

Executive Summary

For Council to consider providing additional clarification in the Playground and POS Strategic Plan 2015-2025 with regards to community consultation for individual parks during the implementation phase of the strategy.

Recommendation in Brief

That Council include the attached amendment in Section 6 – Community Consultation, to the Playground and POS Strategic Plan 2015-2025.

Background

At the March Ordinary Meeting of Council, Council adopted the Playgrounds and POS Strategic Plan 2015-2025, (O0316-006). The aim of the strategy is to achieve three strategic goals in relation to Playgrounds, being:

1. Guide the management, upgrade and development of playgrounds over the next 10 years;

2. Identify and prioritise renewal works for existing parks; and

3. Provide a management strategy to appropriately maintain the standard of playgrounds to minimise risk and maximise the opportunities for high quality play within the community.

In developing the Strategy, it was identified that the Shire currently has double the amount of POS and Parks per population than the average in Western Australia. Though this demonstrates the community is well serviced in this area, this additional service level comes at significant cost to the community. In the Public Open Space Review, July 2014, developed by SGL Consulting Group for the Shire, a number “Salient issues” where discussed including:

“9. The cost of establishing and maintaining a high quality play space for children is high. Consequently, resources must be used judiciously. In simple terms it is unlikely that Council can afford to have high quality play equipment on all local open space areas. A hierarchy of play spaces is therefore needed.”

From this report, all Shire controlled parks and POS were classified within a new Hierarchy consisting of 4 levels, being Regional Open Space, District Open Space, Neighbourhood Open Space and Local Open Space. These categories of Parks are based around the Department of Sport and Recreation Open Space Classification Framework, with Council agreeing on a standard level of service and amenity for each park within each category.

Furthermore, the Strategy also identified that 83% of the Shire’s play equipment is more than ten (10) years old and that 57% of play equipment does not currently meet Australian Standards. This represents an identifiable risk to the community and a significant Liability to the Shire. With a basic piece of “compliant” play equipment costing between $75k-$150k per piece, the Shire does not have the financial resources to replace all equipment (without impacting on other services), and therefore the strategy provides guidance as to which and when play equipment will be replaced over the next 10 years (totalling $2,000,000).

Since the Strategy has been adopted, a number of unsafe and/or “expired” play equipment has now been removed (especially in local parks), prompting concerns from many local residents. Much of this concern seems to be based on perceived lack of consultation in the development and adoption of the strategy or the reasoning behind the removal of play equipment. Though there was significant consultation during the two years the strategy was developed, after several discussions (including a neighbourhood meeting at Butler Street) with concern residents, there is a need to clarify the “community consultation” process when dealing with individual parks, so residents have an opportunity to share their views with Council prior to any significant changes or development occurring.

Officer’s Comment

The term “Strategic” is defined as “Relating to the identification of long-term or overall aims and interest and the means of achieving them.” Generally Strategic Plans are at the highest level, providing broad aims and objectives, and the mechanism that will be utilized to achieve them. As previously stated the Playgrounds and POS Strategic Plan 2015-2025 outlines these broad aims and objectives over the next 10 years, which the author believes few could argue are not in the best interest of the greater Esperance Community.

Unfortunately there will always be problems in how individuals interpret these high level planning documents, especially on how it will affect or impact their personal lives. Obviously a Strategic plan needs to describe the methodology on how these aims and objectives will be achieved, however similar to these broad aims and objectives, the methodology is not always well defined, leaving readers to reach conclusions that may not necessarily exist.

It is understandable that individuals reading the plan will believe that decisions have already been made with regards to individual parks, and to a certain level this would be correct. For example:

1. A hierarchy of parks and POS has been determined;

2. A standard of level of service and amenity for each category within the hierarchy has been determined;

3. Every Shire controlled park and POS within the Shire has been allocated a category within this hierarchy;

4. Old and unsafe equipment will be removed.

These decisions have been based on available researched benchmarks and objective and consistent information and analysis. What has not been decided is the detail or implementation of the Strategy on individual parks. No decision has been made to redevelop or sell any park or POS. There are significant processes due to basic land fundamentals (such as land tenure or the need for drainage basins) before many parks can be redeveloped or sold. There is a strong direction within the strategy for rationalization of these assets, and the closest the plan comes to providing this at an individual park basis is made in the statement “Investigate options for potential future use of the reserve.” This statement has been used for every park categorized as Local Open Space, as this level of park provides the lowest level of amenity to the overall community.

Since the Strategic Plan has been adopted and old and unsafe play equipment has been removed, some residents believe or have been convinced that “Investigate options for potential future use” means their local park will be turned into residential housing or a road or anything else which will be of detriment to themselves, their lifestyle or their property value. As previously stated these types of decisions have not been made, given that options at an individual park level still need to be identified, investigated and considered prior to any decision being made. The author is aware that given the significance to individuals and neighborhoods regarding parks in general, Council would want to ensure that residents are consulted prior to any decision being made that would remove or reduce current service levels. This willingness to consult however is tempered by Council’s obligation to protect public safety with regards to any infrastructure provided and openly available to the community (roads, jetties, parks, buildings etc.).

At a recent meeting with Butler Street Residents, it was clear that Section 6 – “Community Consultation” needs to provide further clarification as to when and what residents will be consulted on regarding any changes to their local park. The Strategy currently describes how consultation will occur, which is based around the Shire’s Community Engagement Policy. The current process within the strategy provides residents within a Park’s catchment area a significant amount of influence in the initial stages in developing draft concepts plans, prior to discussing final plans with the greater community.

As previously stated this process is based around the current Community Engagement Policy. In broad terms this policy is based on the International Association for Public Participation (IAP2) Public Participation Spectrum, which provides various levels of public engagement, being:

1. Inform (Listen);

2. Consult (Contribute);

3. Involve (Participate);

4. Collaborate (Partner); and

5. Empower (Decide).

Each level within the spectrum provides greater influence (and therefore decision making power) over an issue by the public. This however needs to be considered in context of the role of Councilors under the Local Government Act 1995 (Section 2.7), which includes:

1. represents the interests of [all] electors, ratepayers and residents of the district; and

2. provides leadership and guidance to the [entire] community in the district; and

3. facilitates communication between the community and the council; and

4. participates in the local government’s decision making processes at council and committee meetings; and

5. performs such other functions as are given to a councilor by this Act or any other written law.

Given both the Council’s legal and policy requirements, in relation to any future changes to Parks and POS, the Shire can only effectively provide local residents with the ability to be either informed or consulted within the participation spectrum. It should be acknowledged that the entire community should have the same ability to participate in matters associated with public assets, such as parks, however the Shire needs to recognise a greater level of engagement needs to be afforded to residents who are likely to be most affected or impacted by a change at a specific park or POS.

To attempt to achieve greater clarity, it is proposed to amend Section 6 – Community Consultation of the Parks and POS Strategic Plan 2015-2025, with the attached statement. It is believed this will clarify for residents how they will be engaged and consulted when specific changes are being proposed for a park or POS within their immediate (800m radius) of their property.

Consultation

This item has be developed based on discussions with various internal and external stakeholders

Policy Implications

EXE 021: COMMUNITY ENGAGEMENT POLICY

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Create a vibrant built environment that is accessible and inclusive and reflects the Shire's identity and local heritage

Active, attractive and affordable towns which the community are proud of and engaged in

Attachments

EPOS Community Engagement Amendment

Officer’s Recommendation

That Council include the attached amendment in Section 6 – Community Consultation to the Playground and POS Strategic Plan 2015-2025.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 220

Item: 13.2

Land Tenure - Scaddan Townsite

Author/s	Amelia Rolton	Personal Assistant - Asset Management
	Richard Hindley	Executive Manager - Statutory Division
Authorisor/s	Mathew Walker	Acting Director Asset Management

File Ref: D16/13774

Location/Address

Reserve 31467

Background

Reserve 31467 is a reserve that is managed by the Shire of Esperance and has a purpose of Recreation. To utilise this reserve to establish a fire shed will require an approach to the Department of Lands to include the purpose of Emergency Services.

Current planning has proposed to locate the fire shed in the vicinity of the former hall. This location was chosen based on its proximity to the road.

Reserve 31467 has a land area of 8,701m².

Officer’s Comment

Clearing of a portion of the site to construct a building is exempt from approval under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 which states under Regulation 5(1):

Clearing of a site for the lawful construction of a building or other structure on a property, being clearing which does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 5 ha, if —

(a) the clearing is to the extent necessary; and

(b) the vegetation is not riparian vegetation.

A review of the Native Title determination WAD 6097/1998 shows that Reserve 31467 is not subject to Native Title.

The Scaddan Restoration Reference Group discussed the location of the Scaddan Bushfire Shed. It was noted that the construction of the fire shed is to be prioritised with the shed to be constructed prior to the coming fire season. The Scaddan Bushfire Brigade have formed a shed committee and they have recommended that the site for the new shed be the old Scaddan Hall site.

The Scaddan Restoration Reference Group after discussions decided that the Sacddan Bushfire shed need to be located on Reserve 31467, they are aware that the Shire would need to make an application to the Department of Lands to include the purpose of Emergency Services.

Consultation

External Services – Statutory Division

Statutory Implications

Land Administration Act 1997

Environmental Protection (Clearing of Native Vegetation) Regulations 2004

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Maintain a clear, transparent and ethical decision making process

Openness and transparency in Council decisions

Environmental Considerations

The environmental considerations arising from this report are the clearing of native vegetation which in this instance would be exempt under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004.

Attachments

Nil

Committee Recommendation

That the Shire of Esperance approaches the Department of Lands to include the purpose of Emergency Services on Reserve 31467.

Officer’s Recommendation

That Council make an application to the Department of Lands to include the purpose of Emergency Services On Reserve 31467.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2016 Page 222

Item: 13.3

Local Recovery Committee - Merivale Individual Property Recovery Plans

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Mathew Walker	Acting Director Asset Management

File Ref: D16/14270

Applicant

Local Recovery Committee

Executive Summary

It was identified through the Environmental Sub Committee that there is a need to undertake the development of individual property plans for impacted landowners in the Merivale area.

Recommendation in Brief

That Council allocate up to $20,000 from the trust account for the purpose of undertaking the Merivale Individual Property Recovery Plans project.

Background

The November 2015 fires heavily impacted the landowners in the Merivale area. It was identified early in the recovery process by the Local Recovery Environmental Sub Committee that there was a need in the community for this project as many of the small landowners lack the time, experience and expertise to carry out good post fire rehabilitation works and future proofing for subsequent fires.

Officer’s Comment

It is anticipated that Esperance Regional Forum would lead this project, ERF are currently trying to help build capacity with small landowners by running a property planning workshop as they have identified that this is a skills gap that needs to be addressed within the Esperance area. Small landowners effected by the fires are unlikely to have the time with the extra work the fire has created in rebuilding infrastructure to attend the planned ERF workshops and carry out these planning works off their own back, but by employing a Project officer to do the hard work they can rebuild in a sustainable way and use the opportunity that the fire has created to plan their property better and carry out their business in a more environmentally sustainable way.

A suitably qualified project officer will be employed on a contract basis to carry out the required works. The Project officer will use well established guidelines developed by the Department of Agriculture to develop the property plan and provide onsite environmental expertise. The plan will be developed by spending a day on site with each of the approx. 30 landowners to go through the components of the plan on site. These components take into account landholder and catchment needs. Maps will be produced for each property as well as a list of required works.

Principles of good a property planning include a whole farm plan process, client focus and integrated services, soils, water, biodiversity and native vegetation, biosecurity and risk management. These property plans, when developed, will have good biodiversity outcomes, working to protect sensitive ecosystems within the fire scar areas and protecting the coastal corridor. It will be an excellent method of identifying future works needed for both landowners and they could then tap into future volunteer resources to assist in these works.

Consultation

Local Recovery Committee

Environmental Sub Committee

Esperance Regional Forum

Merivale Landowners

Financial Implications

There will be no financial impact as it is proposed that the $20,000 of funding will be allocated from the Esperance Fires Appeal donations that are currently held in trust.

Strategic Implications

Strategic Community Plan 2012 – 2022

Environment

2.2 Educate the community on ways to use our environment responsibly and build environmental awareness

Civic Leadership

1.2 Maintain a clear, transparent and ethical decision making process

Attachments

Nil

Committee Recommendation

That the Local Recovery Committee request Council to allocated up to $20,000 from the trust account for the purpose of undertaking the Merivale Individual Property Recovery Plans project.

Officer’s Recommendation

That Council allocate up to $20,000 from the Esperance Fires Appeal held in trust for the purpose of undertaking the Merivale Individual Property Recovery Plans project.

Voting Requirement Absolute Majority

a.	Information Bulletin - May 2016
b.	Register - Delegations Discharge – Corporate Resources
c.	Minutes - Technical Officers GVROC Meeting - 27 May 2016 - Under Separate Cover
d.	Interplan report - May 2016 - Under Separate Cover
e.	Letter of Appreciation - Kalgoorlie Boulder Racing Club
f .	Letter - Thank you - ANZAC Day Parade 2016
g .	Award - Tidy Towns State Finalist - Community Action & Wellbeing

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

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

a.	Lake Monjingup Community Development Group - 30 May 2016
b.	Esperance Museum Management Committee - 25 May 2016
c.	Greater Sports Ground Redevelopment Committee - 1 June 2016