Late Items Agenda of Ordinary Council

Ordinary Council: Agenda

23 August 2016 Page 3

16. URGENT BUSINESS APPROVED BY DECISION

Item: 16.1

Lease Reassignment - Tanker Jetty Mobile Food Van Site No 2

Author/s	Jennifer Parry	Manager Corporate Support
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/19719

Applicant

Troy Mahood & Mary Joy Imelda M. Nichols

Location/Address

Tanker Jetty Mobile Food Van Site No.2 – Lot 991 on Plan 220456 – Reserve27318

Executive Summary

For Council to consider allowing the reassignment of the lease at Tanker Jetty Mobile Food Van Site No. 2, currently leased to Troy Mahood trading as Esperance Bakery Food Van.

Recommendation in Brief

That Council consents to reassignment of the existing lease on Tanker Jetty Mobile Food Van Site No. 2 from Troy Mahood to Mary Joy Imelda M. Nichols under the current lease terms and conditions subject to approval by Minister for Lands.

Background

An expression of interest was received on 10 August 2016 from Ms Nichols advising that she would be interested in taking over the lease at the Esperance Tanker Jetty Food Van Site No 2 from Troy Mahood trading as Esperance Bakery Food Van and that he had informed her that he would be interested subject to approval from Council.

An email was received on 11 August from Mr Mahood indicating that he would be happy to reassign the lease to Ms Nichols.

Officer’s Comment

Mr Mahood has held the lease at the Tanker Food Van Sites since the redevelopment of the foreshore in 2014.

Ms Nichols has only recently had a new food van manufactured to cater for her new business ‘Spudlicious’.

No grounds can be identified to decline the request for reassignment other than ensuring that the transaction is subject to all invoices in relation to Tanker Jetty Mobile Food Van Site No 2 are fully paid prior to reassignment taking place.

Consultation

External Services

Financial Implications

Nil

Asset Management Implications

Nil, this lease is for land only.

Statutory Implications

Local Government Act 1995 - Section 3.58 Disposing of Property

Local Government Act 1995 – Section 9.49A Execution of Documents

Commercial Tenancy (Retail Shops) Agreement Act 1985

Policy Implications

This item relates to Council Policy COR 004 for Building and Property Leases

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Corporate Business Plan 2013/2014 – 2016/2017

4.5.12 Manage Shire leases and insurances

Environmental Considerations

N/A

Attachments

a .	Expression of Interest - Reassignment Mobile Food Van Site 2 from Troy Mahood T/as Esperance Bakery - Mary Joy Imelda M. Nichols - 2016 08 10
b .	Email - T Mahood agrees to reassign Tanker Jetty Mobile Food Van Site 2 to M Nichols 2016 08 11

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 August 2016 Page 6

Item: 16.2

Development Application - Bike Hire and Tours - Reserve 27318 (Lot 991) The Esplanade, Esperance

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

File Ref: D16/20340

Applicant

A & S J Weatherhead

Location/Address

Reserve 27318 (Lot 991) The Esplanade, Esperance (Former S’Juice Lease Area)

Executive Summary

For Council to consider development application 10.2016.3254.1 for the operation of a Bicycle Hire and Tour (Recreation – Private) business from Reserve 27318 (Lot 991) The Esplanade, Esperance.

Recommendation in Brief

That Council:

1. Approve development application 10.2016.3254.1 for the operation of a Bicycle Hire and Tour (Recreation – Private) business from Reserve 27318 (Lot 991) The Esplanade, Esperance; and

2. Enter into a new Lease agreement with A & SJ Weatherhead for a portion of Reserve 27318 (Lot 991) The Esplanade, Esperance.

Background

An application for planning approval was received by Planning Services on 7 July 2016.

Assessment was undertaken by Planning Services, during which time it was discovered that the Department of Lands had determined on 2 June 2016, that “Development Applications relating to Unallocated Crown land, Unmanaged Reserves, land under management order to a local government where the development is not consistent with the reserve’s purpose, or is used for commercial purposes, or land which is subject to a lease issued under the Land Administration Act 1997, will still need to be referred for the Department of Lands’ consideration and signature”.

Subsequently the application was referred to the Department of Lands as the application is for commercial purposes, with consent from the Department of Lands granted on 4 August 2016.

On 4 August 2016, the Director External Services emailed all councilors regarding this application, enquiring whether Councillors’ wished to handle this application at Council rather than allowing Planning Officers to determine the application under delegated authority.

Based on the outcomes of these discussions the application is referred to Council for determination.

Officer’s Comment

The proposal calls for a mobile business similar to several food vans currently located on the Jetty Headland, all of which are required to operate from specific lease areas.

There are potential negative impacts as several other food businesses have attempted to locate in this location have been unable to gain permission. There is however no direct competition with the proposed use of ‘Bike Hire and Tours’ within the Central Area.

The Esperance Town Centre Revitalisation Master Plan identifies this area as a youth activity space and one of the strategic objectives for the Town Centre Foreshore precinct states that recreation opportunities should be enhanced.

Consultation

Development Applications relating to Unallocated Crown land, Unmanaged Reserves, land under management order to a local government where the development is not consistent with the reserve’s purpose, or is used for commercial purposes, or land which is subject to a lease issued under the Land Administration Act 1997, need to be referred for the Department of Lands’ consideration and signature.

Subsequently the application was referred to the Department of Lands as the application is for commercial purposes, with consent from the Department of Lands granted on 4 August 2016.

Financial Implications

Application fees totalling $147.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are

· Planning and Development Act 2005

· Local Planning Scheme No. 23

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

Application

Officer’s Recommendation

That Council

1. Resolve to approve Development Application 10.2016.3254.1 for Bike Hire and Tours (Recreation – Private) on Reserve 27318 (Lot 991) The Esplanade, Esperance, subject to the following conditions:

i. 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).

ii. The existing infrastructure located within the reserve shall be retained and protected during the operation of the business with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division).

iii. 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.

iv. The approved development must not 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.

v. Prior to the commencement of the development a management plan shall be submitted to and approved by the Shire of Esperance detailing how the Bike Hire and Tours will be conducted and how the impact on other users of dual use paths, and/or reserves under the care and control of the Shire of Esperance will be minimised.

vi. A Lease Agreement over the proposed site is to be entered into with the Shire of Esperance by the 28^th February 2017.

vii. All signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Signs Licence) prior to erection of such.

and the following Advice Notes:

i. This approval does not constitute a Lease Agreement with the Shire of Esperance. It is the responsibility of the applicant to obtain a valid Lease Agreement.

ii. It is the responsibility of the applicant to ensure that the development is located within the proposed lease area.

iii. 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.

iv. 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.

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

2. Agree to enter into a new Lease agreement with A & SJ Weatherhead for a portion of Reserve 27318 (Lot 991) The Esplanade, Esperance subject to the following:

i. The term of the lease be for 5 years in total consisting of terms determined by both parties, commencement date upon execution by both parties;

ii. The lease rental be as determined by current commercial market rental valuation obtained from a registered independent valuer, with annual C.P.I. increases for the term of the lease;

iii. The use is to have not adversely affected the amenity of the subject locality whilst it is operating without a lease in accordance with Development Application 10.2016.3254.1.

iv. All lease terms and conditions be as per Council Standard Commercial Lease;

v. The disposition being advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property; and

vi. Authorises the CEO to execute the lease document provided no adverse submissions are received.

Voting Requirement Simple Majority