Motion

Moved:           Cr McIntyre

Seconded:     Cr Parsons

O0716-004

That Council grant the following applications for leave of absence;

Cr Ronald Padgurskis          28 July until 1 August 2016

Cr Kevin Hall                          10 September until 24 September 2016

CARRIED

F8 - A0

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0716-005

That the Minutes of the Ordinary Council Meeting of the 28 June 2016 be confirmed as a true and correct record.

CARRIED

F8 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0716-006

That Council bring the following items forward and consider them en bloc:

12.1.1    Revised Local Planning Policy - Planning Compliance

12.1.2    Proposed Road Closure - Portion of the Esplanade, Esperance

12.1.3    Proposed Road Dedication - Portion of Reserve 27318

12.1.4    Local Planning Scheme No. 23 Amendment 21

12.1.6    Proposed Road Closure - Richardson Street, Gibson

12.1.7    Proposed Road Closure - Logan Street, Grass Patch

12.2.2    Re-Assignment of Esperance Seafront Caravan Park Management Contract

12.3.1    Communities for Youth Report - Stage 2

12.3.2    Community Grants Program Allocation of Funds

12.4.1    Reclassification of Butler St Park

12.5.1    Rates Concession - Myrup Fly-in Estate

12.5.2    Pink Lake Country Club Lease

12.5.3    BOILC Boiler Replacement Emergency Expenditure

12.5.4    Financial Services Report - June 2016

12.6.2    Information Bulletin - June 2016

13.1       Minutes of Committees

13.2       Adoption of Recommendations  - Off Road Vehicle Management

17.1       CEO Review

CARRIED

F8 - A0

EN BLOC

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-007

That Council adopt the officer’s recommendations for the following items:

12.1.1    Revised Local Planning Policy - Planning Compliance

12.1.2    Proposed Road Closure - Portion of the Esplanade, Esperance

12.1.3    Proposed Road Dedication - Portion of Reserve 27318

12.1.4    Local Planning Scheme No. 23 Amendment 21

12.1.6    Proposed Road Closure - Richardson Street, Gibson

12.1.7    Proposed Road Closure - Logan Street, Grass Patch

12.2.2    Re-Assignment of Esperance Seafront Caravan Park Management Contract

12.3.1    Communities for Youth Report - Stage 2

12.3.2    Community Grants Program Allocation of Funds

12.4.1    Reclassification of Butler St Park

12.5.1    Rates Concession - Myrup Fly-in Estate

12.5.2    Pink Lake Country Club Lease

12.5.3    BOILC Boiler Replacement Emergency Expenditure

12.5.4    Financial Services Report - June 2016

12.6.2    Information Bulletin - June 2016

13.1       Minutes of Committees

13.2       Adoption of Recommendations  - Off Road Vehicle Management

17.1       CEO Review

CARRIED

F8 - A0

12.1.1         Revised Local Planning Policy - Planning Compliance

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-008

Council Resolution

That Council amend the Local Planning Policy – Planning Compliance as per Attachment A in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

CARRIED

F8 - A0

12.1.2         Proposed Road Closure - Portion of the Esplanade, Esperance

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-009

Council Resolution

That Council resolve to commence the road closure process for a portion of The Esplanade, Esperance, in accordance with Section 58 of the Land Administration Act 1997.

CARRIED

F8 - A0

12.1.3         Proposed Road Dedication - Portion of Reserve 27318

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-010

Council Resolution

That Council:

1.  Request the Minister of Lands to dedicate a portion of Reserve 27318 as road reserve under Section 56 of the Land Administration Act 1997.

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

CARRIED

F8 - A0

12.1.4         Local Planning Scheme No. 23 Amendment 21

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-011

Council Resolution

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

1.   Initiate Local Planning Scheme No. 23 – Amendment No. 21

2.   Amend Local Planning Scheme No. 23 by:

I.   Schedule 2 of the Scheme Text to include the following Additional Use:

II.  Amend Scheme Map 3 to show the extent of the Additional Use zone.

3.   Under Regulation 35(2)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 determine that Amendment No. 21 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. 21 to the EPA under Section 81 of the Planning and Development Act 2005.

CARRIED

F8 - A0

12.1.6         Proposed Road Closure - Richardson Street, Gibson

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-012

Council Resolution

That Council:

1.    Request the Minister of Lands to close the unconstructed road reserve known as Richardson Street and a portion of Coolgardie – Esperance Highway, Gibson under Section 58 (1) of the Land Administration Act 1997.

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

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

CARRIED

F8 - A0

12.1.7         Proposed Road Closure - Logan Street, Grass Patch

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-013

Council Resolution

That Council:

1.    Request the Minister of Lands to close the road reserve known as Logan Street, Grass Patch under Section 58 (1) of the Land Administration Act 1997.

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

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

CARRIED

F8 - A0

12.2.2         Re-Assignment of Esperance Seafront Caravan Park Management Contract

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-014

Council Resolution

That Council:

1.    Consent to the assignment of the Management Agreement for the Esperance Seafront Caravan Park to Brocam Pty Ltd trading as Esperance Beachfront Deli from Paul and Lee-Anne Grant.

2.    Confirm that all costs incurred in the assignment of this management agreement are to be borne by the assignee; and

3.    Request the CEO to proceed with preparation and execution of the assignment.

CARRIED

F8 - A0

12.3.1         Communities for Youth Report - Stage 2

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-015

Council Resolution

That Council:

1.    Receives the Communities for Youth Stage 2 report for incorporation into the Shire of Esperance Strategic Community Plan; and

2.    Distributes the report to relevant agencies and youth support services as a reference for future planning.

CARRIED

F8 - A0

12.3.2         Community Grants Program Allocation of Funds

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-016

Council Resolution

That Council endorses the inclusion of the Festival of the Wind application for $5,000 towards the Festival Coordinator, within the $37,500 allocated to the Events Category of the Community Grants Program and amends the approval listing.

CARRIED

F8 - A0

12.4.1         Reclassification of Butler St Park

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-017

Council Resolution

That Council

1.    That Council maintains the current classification of Butler Street Park as a Local Open Space

2.    Apply the consultation process outlined in the Playgrounds and POS Strategic Plan to any decision regarding the long term future of the Butler Street Park.

CARRIED

F8 - A0

12.5.1         Rates Concession - Myrup Fly-in Estate

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-018

Council Resolution

That Council confirms its current position of granting a 50% rate concession on those lots within the Myrup Fly-in Estate Survey Strata Plan 60076 that are valued under $15,000 by the Valuer General.

CARRIED

F8 - A0

12.5.2         Pink Lake Country Club Lease

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-019

Council Resolution

That Council accept the Extension of Lease to Pink Lake Country Club (Inc) for Reserve 34829 for a further 10 years commencing on the 28 May 2016 on the same terms and conditions as the original lease.

CARRIED

F8 - A0

12.5.3         BOILC Boiler Replacement Emergency Expenditure

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-020

Council Resolution

That Council note the expenditure to replace the boiler at the Bay of Isles Leisure Centre that has occurred in accordance with Section 6.8(2)(b) of the Local Government Act 1995.

CARRIED

F8 - A0

12.5.4         Financial Services Report - June 2016

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-021

Council Resolution

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

CARRIED

F8 - A0

12.6.2         Information Bulletin - June 2016

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-022

Council Resolution

That Council accepts the Information Bulletin for June 2016 including;

1.          Interplan report – June 2016

2.          Letter – Thank you – Commissioner for Children and Young People

CARRIED

F8 - A0

13.1   Minutes of Committees

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-023

Council Resolution

That Council receive the following committee minutes:

1.    Off Road Vehicle Working Party – 13 June 2016

2.    CEO Review Group - 27 June 2016

3.    Lake Monjingup Community Development Group – 29 June 2016

CARRIED

F8 - A0

13.2   Adoption of Recommendations  - Off Road Vehicle Management

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-024

Council Resolution

That Council supports the following recommendations of the Off Road Vehicle Working Party:

1.  That a media release is developed advising the public of Council’s intention to close beach access tracks off Twilight Beach Road between the 10 Mile Beach carpark and the 11 Mile Beach carpark access road with the objective of restricting vehicle access onto the beach so as to make the beach between the 10 Mile Beach carpark and the 11 Mile Beach carpark a vehicle free beach.

2.  That the coastal lookout track which terminates on a limestone cliff approx. 300m east of the Wind Farm Road is closed and a warning sign is installed advising that the closure is due to the cliff hazard.

3.  That the possibility of expanding the 10 mile beach carpark within the road reserve to encourage people to park and walk to the beach via the timber staircase is supported.

4.  That signs are installed in the 11 Mile Beach car park to educate the public on beach driving etiquette and semi deflation of tyres.

5.  That the possibility of widening the road to the 11 Mile Beach car park is investigated for the purpose of creating safe road side parking to allow for vehicle preparations prior to driving onto and departing the beach area.

CARRIED

F8 - A0

17.1   CEO Review

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-025

Council Resolution

That Council

1.  Note the satisfactory performance of the CEO for the 12 month period prior to the review.

2.  Approve the following Key Performance Indicators for the Chief Executive Officer for the six month period to 31 December 2016.

a.    Parking Strategy

b.    Waste Facility

c.    Tanker Jetty

d.    Skate Park

e.    Service Delivery Review

f.     Land Asset Opportunities

g.    CEO Personal Development

CARRIED

F8 - A0

Suspension of Standing Orders

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0716-026

That Standing Orders be suspended to allow for discussion on item 12.1.5.

CARRIED

F8 - A0

Resumption of Standing Orders

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0716-027

That Standing Orders be resumed.

CARRIED

F8 - A0

12.1.5         Development Application - Arts and Crafts Studio, Cafe and Four Dwellings or Short Term Accommodation Units

Motion

Moved:          Cr Griffiths

Seconded:  

That Council lay the item on the table until the August Ordinary Council Meeting to allow the owners of the adjoining property to attend.

LAPSED

Officer’s Recommendation

That Council approve Development Application 10.2016.3238.1 for an Arts and Crafts Studio, Café and four Dwellings or Short Term Accommodation Units at Lot 13 (70) The Esplanade, Esperance, subject to the following conditions.

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

2.    The land and buildings the subject of this approval shall be used for the purposes of Arts and Crafts Studio, Restaurant, Short Stay Accommodation and Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer below definitions as extracted from Local Planning Scheme No. 23 and the Residential Design Codes).

·      Arts and Crafts Studio – means any premises used to manufacture, display, and sell, works of art and craft.

·      Restaurant – means premises where the predominant use is the sale and consumption of foods and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Licensing Act 1988.

·      Dwelling – A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

·      Short-Term Accommodation – means a building, or group of buildings forming a complex, designed for the accommodation of short stay guest and which provides on-site facilities for the convenience of guests and for management of the development, where occupation by any person is limited to a maximum of three months in any 12 month period.

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

4.    Prior to occupancy of the units, consultation should occur with the Shire of Esperance (Planning Services) to ascertain if any additional approvals (i.e. Health approvals, Building permit for fit out, etc) are required to be obtained.

5.    All retaining walls, earthworks and/or associated drainage shall be undertaken in accordance plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices, as approved by the Shire of Esperance (Building Services/Asset Management Division).

6.    Earthworks are to be in accordance with AS 3798 Guidelines on earthworks for commercial and residential developments.

7.    The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Asset Management Division) – refer enclosed vehicle crossover application form.

8.    The existing crossover is to be removed and the verge area is to be reinstated.

9.    A minimum of five (5) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

10.  Prior to the commencement of the use, vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained, kerbed, marked (including disabled bays) and thereafter maintained. 

11.  All car parking areas and access ways shall be maintained for their stated purpose at all times and shall not be used for display or general storage purposes.

12.  No parking or display of vehicles and/or equipment shall occur within the road verge area at any time.

13.  All delivery vehicles must be located entirely on the site during loading and unloading of goods associated with the use of the site.

14.  All stormwater and drainage run off is to be connected to a legal point of discharge (as determined by Asset Management Division) at the cost of the developer prior to occupation of the development for its approved purpose to the satisfaction of the Shire of Esperance (Asset Management Division).

15.  A drainage contribution shall be paid to the Shire of Esperance (Asset Management), as the development falls within the District Drainage Area, with such payment being made prior to the application for a Building Permit.

In relation to the rate amount, this is the amount provided for in Council’s operative Fees and Charges Schedule at the time this approval was issued. Consultation should occur with the Shire of Esperance (Asset Management Division) to determine the applicable rate at the time the payment is to be made.

16.  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) at developer’s expense.

17.  Existing infrastructure within the verge shall not be removed without the prior consent of the Shire of Esperance (Asset Management Division). Where removal is required for the purpose of crossovers, removal and/or relocation of any infrastructure is at the expense of the applicant/landowner.

18.  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.

19.  The approved development must be connected to a reticulated water supply provided by a licensed water provider.

20.  Before the approved development is occupied, the property must connected to the Water Corporation reticulated sewerage system.

21.  Immediately prior to the occupation of the site and/or buildings for their approved purpose, the proponent shall notify the Shire of Esperance (Planning Services), in writing, of the effective completion of the approved development such that a Final Inspection can be carried out.  An Occupancy Permit Classification (approval to occupy the building) or other authorisation to occupy the premises will not be issued until all relevant Conditions of Approval have been met.

22.  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.

23.  External clothes drying area(s) appurtenant to the dwelling(s) shall be provided in a location such that they are screened from view from public view from the street.

24.  Bollard style lighting to be provided along the internal access driveway.

25.  External lighting shall be designed, baffled and located so as to prevent any adverse effect on adjoining land to the specification and satisfaction of the Shire of Esperance (Planning Services).

26.  Prior to the application for a Building Permit, details of the type, quantity, height and location of lighting shall be submitted to and approved in writing by the Shire of Esperance (Planning Services). All external lighting shall thereafter be implemented in accordance with the approved details.  If within a period of three months following the first use of the lights the Shire of Esperance requires adjustment to the lighting through realignment or shielding of the lights, this shall be carried out in accordance with an agreed scheme before the continuation of their use at the applicant/owner’s expense.

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

28.  Signs shall be kept clean and maintained free of dilapidation at all times to the satisfaction of the Shire of Esperance (Planning Services).

29.  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).

30.  A bin storage area shall be provided on-site and screened from public view to the satisfaction of the Shire of Esperance (Environmental Health Services). 

31.  All delivery/collection points and rubbish storage areas are to be designed and located to minimise noise, odour, visual intrusion and/or other factors potentially adversely affecting the character and/or amenity of residents and properties in the vicinity to the satisfaction of the Shire of Esperance (Environmental Health Services).

32.  Rubbish enclosure areas adequate to service the development are to be constructed and provided in accordance with the Shire of Esperance Health Local Laws 2009 prior to the occupation or use of the development to the satisfaction of the Shire of Esperance (Environmental Health Services).

33.  The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

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 hereby approved is to comply with the Building Act 2011, Building Regulations 2012 and the Building Code of Australia. Advice should be sought from a registered building surveying contractor in order to obtain the appropriate certificates for building permit and occupancy permit applications.

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.    If the project requires Fire Hydrants as per the Building Code of Australia, the sites water pressure and flow test results will need to be established at the point of proposed water main access.

AS 2419 covers installation details and minimum required pressure and flow rates for fire hydrants. If minimum requirements cannot be obtained at the point of supply, the design of pumps and tanks would need to be considered.

6.    Owners, builders and developers undertaking development of any kind are advised of their responsibility to comply with the requirements of the Disability (Access to Premises – Buildings) Standards 2010 and the Disability Discrimination Act 1992.

At Building Permit Application stage the plans and specifications must indicate all provisions of access for people with disabilities, into and within the building, in accordance with the BCA – Volume 1, Part D3 and AS 1428.1 – 2009

7.    A building permit is required for any proposed change of building classification whether any works are proposed or not, in addition to planning requirements. The reclassification ill consider Building Code specific requirements for example: fire separation, amenity, equal access including all requirements of the Disability (Access to Premises-Buildings) Standard 2010.

Note: Any reclassification works require compliance with the current Building Code of Australia. Advice should be sought from a registered building surveyor in the early design stages regarding Building Code requirements as any required alterations are site specific and can result in significant works to be undertaken.

8.    The development the subject of this planning approval is required to comply with the Shire of Esperance (Health) Local Laws 2009.

9.    To enable use of the second storey units as Dwellings, laundry facilities (mechanical washers and driers) are to be made available in each unit.

10.  An application for a lodging house is to be submitted to Shire of Esperance (Health Services) prior to occupation.

11.  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.

12.  The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

13.  The approved use/development is required to comply with the Health (Public Buildings) Regulations 1992.

14.  Application for Public Building Approval shall be made to the Shire of Esperance’s Environmental Health Services for assessment and approval prior to the commencement of development. The application is to include:

Two (2) sets of scaled plans (minimum of 1:100) and specifications shall be submitted to Environmental Health Services and shall include the following information:

·      location and width of emergency exits;

·      location of emergency exit signage;

·      location and number of sanitary facilities;

·      emergency lighting; and

·      intended use of each public building area.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

The building must not be opened to the public until a Certificate of Approval or a Variation of Certificate of Approval has been issued by the Shire Esperance in accordance with section 178 of the Health Act 1911. 

15.  The development is defined as a “Food Business” under the Food Act 2008.  The development must comply with the Food Act 2008 and Food Regulations 2009 and the Australian New Zealand Food Standards Code.

16.  In accordance with the provisions of the Food Act 2008 and Food Regulations 2009 an application to register the food business hereby permitted must be submitted and approved by the Shire of Esperance (Health Services) prior to the commencement of operations.

17.  Prior to commencement of development, an Application to Fit out of the food premises shall be submitted to and approved by Shire of Esperance (Environmental Health Services). Application information required is to be in line with Shire of Esperance Food Premise Design, Construction & Fit-Out Guide.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

18.  The development the subject of this planning approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

Moved:          Cr McIntyre

Seconded:   Cr Padgurskis

O0716-028

Council Resolution

That Council approve Development Application 10.2016.3238.1 for an Arts and Crafts Studio, Café and four Dwellings or Short Term Accommodation Units at Lot 13 (70) The Esplanade, Esperance, subject to the following conditions.

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

2.      The land and buildings the subject of this approval shall be used for the purposes of Arts and Crafts Studio, Restaurant, Short Stay Accommodation and Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer below definitions as extracted from Local Planning Scheme No. 23 and the Residential Design Codes).

·   Arts and Crafts Studio – means any premises used to manufacture, display, and sell, works of art and craft.

·   Restaurant – means premises where the predominant use is the sale and consumption of foods and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Licensing Act 1988.

·   Dwelling – A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

·   Short-Term Accommodation – means a building, or group of buildings forming a complex, designed for the accommodation of short stay guest and which provides on-site facilities for the convenience of guests and for management of the development, where occupation by any person is limited to a maximum of three months in any 12 month period.

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

4.      Prior to occupancy of the units, consultation should occur with the Shire of Esperance (Planning Services) to ascertain if any additional approvals (i.e. Health approvals, Building permit for fit out, etc) are required to be obtained.

5.      All retaining walls, earthworks and/or associated drainage shall be undertaken in accordance plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices, as approved by the Shire of Esperance (Building Services/Asset Management Division).

6.      Earthworks are to be in accordance with AS 3798 Guidelines on earthworks for commercial and residential developments.

7.      The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Asset Management Division) – refer enclosed vehicle crossover application form.

8.      The existing crossover is to be removed and the verge area is to be reinstated.

9.      A minimum of five (5) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

10.   Prior to the commencement of the use, vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained, kerbed, marked (including disabled bays) and thereafter maintained. 

11.   All car parking areas and access ways shall be maintained for their stated purpose at all times and shall not be used for display or general storage purposes.

12.   No parking or display of vehicles and/or equipment shall occur within the road verge area at any time.

13.   All delivery vehicles must be located entirely on the site during loading and unloading of goods associated with the use of the site.

14.   All stormwater and drainage run off is to be connected to a legal point of discharge (as determined by Asset Management Division) at the cost of the developer prior to occupation of the development for its approved purpose to the satisfaction of the Shire of Esperance (Asset Management Division).

15.   A drainage contribution shall be paid to the Shire of Esperance (Asset Management), as the development falls within the District Drainage Area, with such payment being made prior to the application for a Building Permit.

a.   In relation to the rate amount, this is the amount provided for in Council’s operative Fees and Charges Schedule at the time this approval was issued. Consultation should occur with the Shire of Esperance (Asset Management Division) to determine the applicable rate at the time the payment is to be made.

16.   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) at developer’s expense.

17.   Existing infrastructure within the verge shall not be removed without the prior consent of the Shire of Esperance (Asset Management Division). Where removal is required for the purpose of crossovers, removal and/or relocation of any infrastructure is at the expense of the applicant/landowner.

18.   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.

19.   The approved development must be connected to a reticulated water supply provided by a licensed water provider.

20.   Before the approved development is occupied, the property must connected to the Water Corporation reticulated sewerage system.

21.   Immediately prior to the occupation of the site and/or buildings for their approved purpose, the proponent shall notify the Shire of Esperance (Planning Services), in writing, of the effective completion of the approved development such that a Final Inspection can be carried out.  An Occupancy Permit Classification (approval to occupy the building) or other authorisation to occupy the premises will not be issued until all relevant Conditions of Approval have been met.

22.   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.

23.   External clothes drying area(s) appurtenant to the dwelling(s) shall be provided in a location such that they are screened from view from public view from the street.

24.   Bollard style lighting to be provided along the internal access driveway.

25.   External lighting shall be designed, baffled and located so as to prevent any adverse effect on adjoining land to the specification and satisfaction of the Shire of Esperance (Planning Services).

26.   Prior to the application for a Building Permit, details of the type, quantity, height and location of lighting shall be submitted to and approved in writing by the Shire of Esperance (Planning Services). All external lighting shall thereafter be implemented in accordance with the approved details.  If within a period of three months following the first use of the lights the Shire of Esperance requires adjustment to the lighting through realignment or shielding of the lights, this shall be carried out in accordance with an agreed scheme before the continuation of their use at the applicant/owner’s expense.

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

28.   Signs shall be kept clean and maintained free of dilapidation at all times to the satisfaction of the Shire of Esperance (Planning Services).

29.   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).

30.   A bin storage area shall be provided on-site and screened from public view to the satisfaction of the Shire of Esperance (Environmental Health Services). 

31.   All delivery/collection points and rubbish storage areas are to be designed and located to minimise noise, odour, visual intrusion and/or other factors potentially adversely affecting the character and/or amenity of residents and properties in the vicinity to the satisfaction of the Shire of Esperance (Environmental Health Services).

32.   Rubbish enclosure areas adequate to service the development are to be constructed and provided in accordance with the Shire of Esperance Health Local Laws 2009 prior to the occupation or use of the development to the satisfaction of the Shire of Esperance (Environmental Health Services).

33.   The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

34.   All major openings, on a floor other than the ground floor, facing an adjoining property are to be provided with permanent screening (of a maximum of 25% Visual Permeability) to restrict views within the cone of vision of any major opening or unenclosed outdoor active habitable space on adjoining properties.

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 hereby approved is to comply with the Building Act 2011, Building Regulations 2012 and the Building Code of Australia. Advice should be sought from a registered building surveying contractor in order to obtain the appropriate certificates for building permit and occupancy permit applications.

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.      If the project requires Fire Hydrants as per the Building Code of Australia, the sites water pressure and flow test results will need to be established at the point of proposed water main access.

AS 2419 covers installation details and minimum required pressure and flow rates for fire hydrants. If minimum requirements cannot be obtained at the point of supply, the design of pumps and tanks would need to be considered.

6.      Owners, builders and developers undertaking development of any kind are advised of their responsibility to comply with the requirements of the Disability (Access to Premises – Buildings) Standards 2010 and the Disability Discrimination Act 1992.

At Building Permit Application stage the plans and specifications must indicate all provisions of access for people with disabilities, into and within the building, in accordance with the BCA – Volume 1, Part D3 and AS 1428.1 – 2009

7.      A building permit is required for any proposed change of building classification whether any works are proposed or not, in addition to planning requirements. The reclassification ill consider Building Code specific requirements for example: fire separation, amenity, equal access including all requirements of the Disability (Access to Premises-Buildings) Standard 2010.

Note: Any reclassification works require compliance with the current Building Code of Australia. Advice should be sought from a registered building surveyor in the early design stages regarding Building Code requirements as any required alterations are site specific and can result in significant works to be undertaken.

8.      The development the subject of this planning approval is required to comply with the Shire of Esperance (Health) Local Laws 2009.

9.      To enable use of the second storey units as Dwellings, laundry facilities (mechanical washers and driers) are to be made available in each unit.

10.   An application for a lodging house is to be submitted to Shire of Esperance (Health Services) prior to occupation.

11.   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.

12.   The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

13.   The approved use/development is required to comply with the Health (Public Buildings) Regulations 1992.

14.   Application for Public Building Approval shall be made to the Shire of Esperance’s Environmental Health Services for assessment and approval prior to the commencement of development. The application is to include:

Two (2) sets of scaled plans (minimum of 1:100) and specifications shall be submitted to Environmental Health Services and shall include the following information:

·   location and width of emergency exits;

·   location of emergency exit signage;

·   location and number of sanitary facilities;

·   emergency lighting; and

·   intended use of each public building area.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

The building must not be opened to the public until a Certificate of Approval or a Variation of Certificate of Approval has been issued by the Shire Esperance in accordance with section 178 of the Health Act 1911. 

15.   The development is defined as a “Food Business” under the Food Act 2008.  The development must comply with the Food Act 2008 and Food Regulations 2009 and the Australian New Zealand Food Standards Code.

16.   In accordance with the provisions of the Food Act 2008 and Food Regulations 2009 an application to register the food business hereby permitted must be submitted and approved by the Shire of Esperance (Health Services) prior to the commencement of operations.

17.   Prior to commencement of development, an Application to Fit out of the food premises shall be submitted to and approved by Shire of Esperance (Environmental Health Services). Application information required is to be in line with Shire of Esperance Food Premise Design, Construction & Fit-Out Guide.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

18.   The development the subject of this planning approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

CARRIED

F8 - A0

Motion

Moved:           Cr Padgurskis

Seconded:     Cr Hall

O0716-029

That Council bring forward item 12.2.3.

CARRIED

F8 - A0

12.2.3         Results of Due Diligence for Site 11 - New Landfill

Moved:           Cr Griffiths

Seconded:     Cr Padgurskis

O0716-030

Council Resolution

That Council issue a Termination notice in accordance with Clause 2.1(5) of the Contract for Sale for Site 11.

CARRIED

F8 - A0

12.2.1         Sale of Surplus Aviation Security Equipment

Moved:           Cr Griffiths

Seconded:     Cr Parker

O0716-031

Council Resolution

That Council delegate authority to the Chief Executive Officer to sell the following items of Airport Security Equipment;

·     Checked Bag Screening X-Ray - MVT-HR

·     Passenger Baggage X-Ray - ACX-MV, dual view

·     Walk Through Metal Detector – CEIA 02 PN20

·     Explosive Trace Detection x 2 – OptEx v3.1

CARRIED

F8 - A0

12.6.1         Annual Review of Delegated Authority Register

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0716-032

Council Resolution

That Council endorse the Shire of Esperance Delegated Authority Register 2016/2017 as attached.

CARRIED

F8 - A0

Motion

Moved:           Cr Parker

Seconded:     Cr Hall

O0716-033

That Council accept late items 16.1 and 17.3.

CARRIED

F8 - A0

16.1   Adoption of 2016/2017 Annual Budget

Moved:           Cr Brown

Seconded:     Cr Griffiths

O0716-034

Council Resolution

That Council

1.    Pursuant to the provisions of Section 6.2 of the Local Government Act (1995) and Part 3 of the Local Government (Financial Management) Regulations 1996 that the Municipal Fund Budget be adopted for the 2016/2017 year and the levels of income and expenditure, as presented within the Statutory Budget document be authorised.

2.    For the purpose of yielding the deficiency disclosed by the Municipal Fund Budget that Council pursuant to Sections 6.32, 6.34 and 6.35 of the Local Government Act (1995) impose the following general and minimum rates on Gross Rental and Unimproved Values

General Rates

Residential (GRV)                                    0.089034 rate in the dollar (cents)

Commercial / Industrial (GRV)                0.092595 rate in the dollar (cents)

Vacant Land (GRV)                                  0.089034 rate in the dollar (cents)

Rural (UV)                                                 0.008944 rate in the dollar (cents)

Commercial / Industrial (UV)                             0.008944 rate in the dollar (cents)

Mining (UV)                                               0.085690 rate in the dollar (cents)

Minimum Rates

Residential (GRV)                                    $1,030.00

Commercial / Industrial (GRV)                $1,030.00

Rural (UV)                                                 $1,030.00

Commercial / Industrial (UV)                             $1,030.00

Mining (UV)                                               $515.00

Prescribed Area Minimum Rates

Un-serviced lots on Survey Plans 2260, 2546, 3117, 3127, 3216, 226439 & 93238.

GRV / UV Lesser Minimum                      $515.00

3.    Pursuant to Section 6.51(1) and subject to Section 6.51(4) of the Local Government Act (1995) and Regulation 70 of the Local Government (Financial Management) Regulations 1996, Council adopts an interest rate of 11% for rates (and service charges) and costs of proceedings to recover such charges that remain unpaid after becoming due and payable.

4.    Pursuant to Section 6.45 of the Local Government Act (1995) and Regulation 68 of the Local Government (Financial Management) Regulations 1996, Council adopts an interest rate of 5.5% where the owner has elected to pay rates and service charges through an instalment option.

5.    That for those ratepayers not paying by instalments, the penalty interest will commence to be calculated 36 days after the rates notice issue date.

6.    Pursuant to Section 6.45 of the Local Government Act (1995) and Regulation 64(2) of the Local Government (Financial Management) Regulations 1996, Council nominates the following due dates for the payment in full or by instalments:

Full payment and 1^st Instalment due date                          28^th September 2016

2^nd Instalment due date                                                       30^th November 2016

3^rd Instalment due date                                                        1^st February 2017

4^th and final quarterly instalment due date                        5^th April 2017

7.    Pursuant to Section 66 of the Waste Avoidance and Resource Recovery Act (2007), Council adopt a Waste Rate of 0.000001 cents in the dollar for both GRV and UV property categories, with a minimum of $80 for all GRV and UV rateable properties.

8.    Pursuant to Section 67 of the Waste Avoidance and Resource Recovery Act (2007), Council adopts the following charges for the removal and deposit of domestic and commercial waste:

140ltr bin waste collection                                                            $170.00

240ltr bin waste collection                                                            $245.00

360ltr bin waste collection                                                            $340.00

140ltr recycling collection- Domestic Fortnightly                       $125.00

240ltr recycling collection- Domestic Fortnightly                       $160.00

240ltr recycling collection- Commercial Fortnightly                            $160.00

240ltr recycling collection- Commercial Weekly                         $295.00

360ltr recycling collection- Domestic Fortnightly                       $165.00

360ltr recycling collection- Commercial Fortnightly                            $215.00

360ltr recycling collection- Commercial Weekly                         $405.00

1100ltr recycling collection- Commercial Weekly                       $1,300.00

Residential and Commercial Premises

Additional waste bin collection

(140, 240 & 360ltr bins)                                                                  $25.00

Additional recycling bin collection

(140, 240 & 360ltr bins)                                                                  $25.00

Additional recycling bin collection

(1100ltr bin for Commercial only)                                                 $45.00                           

9.    That the transfers/movements to and from the Reserve Accounts, as detailed within the Statutory Budget document be authorised.

10.  Pursuant to Section 6.20 of the Local Government Act (1995), approve the following borrowings as per Note 5 (b) of the Statutory Budget for 2016/2017-

-        Flinders Estate                               Short Term Loan Facility

-        Cascade Town Rec Assn               $70,000                3 Year Term

-        Esperance Yacht Club                             $40,000                5 Year Term

11.  Pursuant to Section 6.16 of the Local Government Act (1995), adopt the Fees and Charges, as included in the Statutory Budget for the 2016/2017 year with all fees and charges becoming effective immediately.

12.  Every rateable assessment be issued with 3 free, up to 1m³ domestic waste vouchers.

13.  For the 2016/17 financial year adopt a variance in the Statement of Financial Activity of $100,000 or 10% (whichever is lesser) for the reporting of material variances between the year to date budget and year to date actual information for disclosure purposes.

CARRIED

F8 - A0

Moving behind closed doors

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0716-035

That the meeting proceed behind closed doors in accordance with section 5.23(2) of the Local Government Act 1995, to consider the following items, which are considered confidential for the reasons indicated.

17.1   CEO Review

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)); and the personal affairs of any person (Section 5.23(2)(b)).

17.2   Mining Tenement Date of Surrender Adjustment

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

17.2   Seafront Caravan Park - End of Lease Bond Release

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

CARRIED

F8 - A0

17.2   Mining Tenement Date of Surrender Adjustment

Moved:           Cr Padgurskis

Seconded:     Cr Parker

O0716-036

Council Resolution

That Council acknowledges the change of surrender date to 25 November 2013 for mining tenements for assessments 114447 and 114454 and write off approximately $8,827 and $20,251 respectively in rates income.

CARRIED

F8 - A0

17.3   Seafront Caravan Park - End of Lease Bond Release

Moved:           Cr Griffiths

Seconded:     Cr McIntyre

O0716-037

Officer’s Recommendation

That Council

1.  Retain the bond held on behalf of the lessees of the Seafront Caravan Park to contribute to the costs of stump removal, tree pruning and maintenance, upgrading or replacement of playground equipment which should have been undertaken prior to the termination of the lease.

2.  Continue to negotiate with the lessees over compensation that may be appropriate for any other matters relating to the lease termination.

Council Resolution

That Council

1.  Retain the bond held on behalf of the lessees of the Seafront Caravan Park to contribute to the costs of stump removal, tree pruning and maintenance, upgrading or replacement of playground equipment and other matters (other than those reference to point two(2)) which should have been undertaken prior to the termination of the lease.

2.  Continue to negotiate with the lessees over the required trade certificates as per the lease document.

CARRIED

F7 – A1

(Against Cr Padgurskis)

Coming from behind closed doors

Moved:           Cr McIntyre

Seconded:     Cr Padgurskis

O0716-038

That the meeting come from behind closed doors.

CARRIED

F8 - A0