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

Special Council: Agenda

30 September 2016 Page 9

6. Purpose of Meeting

Item: 6.1

Review Decision - Single Dwelling and Outbuilding - Lot 506 (6) Adelaide Street, West Beach

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

File Ref: D16/23670

Applicant

Internal

Location/Address

Lot 506 (6) Adelaide Street, West Beach

Executive Summary

For Council to review decision O0916-007 from item 12.1.6 of Ordinary Council Meeting of the 27 September 2016, relating to the approval of a single dwelling, outbuilding, and front fence at Lot 506 (6) Adelaide Street, West Beach.

Recommendation in Brief

That Council resolve to

1. Revoke decision O0916-007 from item 12.1.6 of Ordinary Council Meeting of the 27 September 2016, relating to the approval of a single dwelling, outbuilding, and front fence at Lot 506 (6) Adelaide Street, West Beach.

2. Approve the proposed dwelling and outbuilding (Shed) at Lot 506 (6) Adelaide Street, West Beach, subject to appropriate conditions

Background

During the Ordinary Council Meeting of 27 September 2016, Council considered an officer’s recommendation to approve a single dwelling and front fence, and refuse an outbuilding on Lot 506 (6) Adelaide Street, West Beach.

Council accepted the officer’s recommendation to approve the single dwelling and front fence, however the decision to refuse the outbuilding was not supported. Council instead resolved to approve the outbuilding and a new resolution was put forward to approve the outbuilding.

In approving the outbuilding, Council made no reference to appropriate planning conditions to ensure that the shed was constructed, used and maintained in a manner that is suitable to the residential area in which it is situated.

Following the Ordinary Council Meeting, members of Council exercised provisions under the Local Government (Administration) Regulations 1996 and provided notice of a motion to revoke the decision.

Officer’s Comment

By revoking the recent decision and approving the development with appropriate conditions, Council’s intent can be achieved without losing the appropriate safeguards that are in place to protect the future amenity of the area.

Having no conditions on an approval creates unnecessary risk for the Shire and the community as the approval relies on trust rather than statutory provisions. That trust is not just with the current applicant, developer or land owner, but it extends for the entire life of the development including all future land owners.

Under most circumstances the Shire would not anticipate that a situation would occur where enforcement was necessary. However in the event that such action was was required, a lack of conditions can restrict the Shire in performing the required statutory functions, adding cost and potential delay, to the detriment of the broader community.

In addition, the use of planning conditions remains consistent with other planning approvals issued by the Shire and best practise across the state. Any decision to exclude conditions should be considered thoroughly as this increases the potential for undesirable outcomes.

Note: the recommended conditions are identical to those that apply to the previous approval, with the exception of clauses (should Council wish to retain them) relating specifically to the outbuilding to be constructed of material which matches the residence.

Consultation

Nil

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item relate to the following:

s5.25 Local Government Act 1995

r10 Local Government (Administration) Regulations 1996

In particular, regulation 10 of Local Government (Administration) Regulations 1996 states:

10. Revoking or changing decisions (Act s. 5.25(1)(e))

(1) If a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported —

(a) in the case where an attempt to revoke or change the decision had been made within the previous 3 months but had failed, by an absolute majority; or

(b) in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover.

(1a) Notice of a motion to revoke or change a decision referred to in sub regulation (1) is to be signed by members of the council or committee numbering at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover.

(2) If a decision has been made at a council or a committee meeting then any decision to revoke or change the first‑mentioned decision must be made —

(a) in the case where the decision to be revoked or changed was required to be made by an absolute majority or by a special majority, by that kind of majority; or

(b) in any other case, by an absolute majority.

(3) This regulation does not apply to the change of a decision unless the effect of the change would be that the decision would be revoked or would become substantially different.

Policy Implications

Nil

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

Nil

Officer’s Recommendation

That Council:

1. Revoke decision O0916-007 from item 12.1.6 of Ordinary Council Meeting of the 27th of September 2016, relating to the approval of a single dwelling, outbuilding, and front fence at Lot 506 (6) Adelaide Street, West Beach.

2. Approve Development Application 2016.3275.1 for a Single Dwelling and Overheight Front Fence at Lot 506 (6) Adelaide Street, West Beach 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 land and buildings the subject of this approval shall be used for the purposes of dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer below definition as extracted from the Residential Design Codes).

a. 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.

iii. The approved outbuilding(s) shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses

iv. The approved Outbuilding(s) shall be in materials, colour, and design consistent with the approved Dwelling, and to the satisfaction of the Shire of Esperance (Planning Services).

v. The setback of the approved Outbuilding(s) from the primary street boundary is to be 2.239 metres.

vi. The approved Outbuilding(s) is not to be commenced prior to the construction of the Dwelling

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

viii. 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).

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

x. 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.

xi. A minimum of two (2) 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.

xii. Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brick pavers), drained and thereafter maintained.

xiii. 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).

xiv. 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) or the applicable Service Provider at the developer’s expense.

xv. 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.

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

xvii. Prior to the commencement of development, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Esperance (Health Services), in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

xviii. 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.

xix. 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. Mechanical driers are available to be used as an alternative to external clothes drying area(s).

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

xxi. 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).

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

And the following advice notes:

xxiii. 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.

xxiv. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

xxv. 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.

xxvi. 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.

xxvii. 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.

xxviii. The approved development is required to comply with the following legislation (as amended from time to time):

a. Health Act 1911

a. Sewerage (Lighting, Ventilation & Construction) Regulations 1971

b. Environmental Protection (Noise) Regulations 1997

c. Health Act (Laundries and Bathrooms) Regulations 1971

xxix. The two nine metre leach drains proposed will need to be concrete to meet the requirements of a four bedroom dwelling. Plastic leach drains would require a length of 10.5 metres and cannot be fitted and still meet setback requirements.

Voting Requirement Absolute Majority

Special Council: Agenda

30 September 2016 Page 14

Item: 6.2

Development Application - Alterations and Additions to the existing Restaurant - Lot 31 (9) Andrew Street, Esperance

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

File Ref: D16/23795

Applicant

Cartman Designs on behalf of McMullens Superannuation Fund

Location/Address

Lot 31 (9) Andrews Street, Esperance

Executive Summary

That Council consider Development Application 10.2016.3280.1 for Alterations and Additions to the existing Restaurant at Lot 31 (9) Andrew Street, Esperance.

Recommendation in Brief

That Council resolve to approve Development Application 10.2016.3280.1 for Alterations and Additions to the existing Restaurant at Lot 31 (9) Andrew Street, Esperance, subject to conditions.

Background

An application was received by Planning Services for Alterations and Additions to the existing Restaurant at Lot 31 (9) Andrew Street, Esperance on 15 August 2016. Referrals were subsequently undertaken to the Western Australian Police and the Department of Racing, Gaming and Liquor. In accordance with the Liquor Control Act 1988 that Shire Approval was necessary in addition to any and all approvals issued by the Department of Racing Gaming and Liquor. The WA Police indicated that they had no issues with the proposal.

The application was also referred to the adjoining landowners for comment due to the proposed variation to the car parking requirements under Local Planning Scheme No. 23. A single objection was received from the Pier Hotel in response to the referral.

Officer’s Comment

The proposed development primarily involves the internal reconfiguration of the premises, with the existing restaurant being expanded to include the space previously occupied by the Newsagent and Travel Agency. There are no exterior additions to the building proposed, and the only exterior modifications relate to changes to the frontage of the building to accommodate changes to the windows and access/egress arrangements. As the proposal is largely for a Change of Use to Restaurant and only calls for minor exterior works, Planning Services does not have any objection to the proposal being approved.

Assessment of car parking based on the plans provided and car parking requirements under Schedule 9 of Local Planning Scheme No. 23 results in the proposal requiring a total of 39 car parking bays to comply with the Scheme. The applicant proposes no additional car parking over the existing informal arrangement at the rear of the building which can accommodate up to 11 car spaces and 1 motorbike according to the applicant, resulting in a shortfall of 28 bays.

In accordance with State Planning Policy 2.6 – State Coastal Planning Policy a condition is being applied to recognise that the development is in a potential coastal inundation area. This will be in the form a Section 70A notification stating:

VULNERABLE COASTAL AREA – This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

The Pier Hotel objected on the following grounds (for the full text of the objection, see attachment A):

Objection	Officer’s Comment
The Shire of Esperance has placed large emphasis on the importance of car park management at the Pier Hotel, which was enforced by the resurfacing and maintenance of our parking bays on site at a significant cost. Therefore, we request that the same level of emphasis is upheld by the Shire of Esperance for all future Planning Approvals, and hence object the decision to simply wave the parking requirements for Lot 31 Andrew Street.	As per Clause 5.19.1 – Sealing of Vehicle Parking and Access areas under Local Planning Scheme No. 23 – “All areas utilized for vehicle parking, maneuvering, access, egress and storage in the Central Area, Tourist Residential, industry – Business, Industry – General, and Shops and Offices zones are to be sealed, marked and formalized as per Australian Standard 2890.1-2004 as amended.” As per this Scheme requirement, the Officers recommendation includes the condition “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.”
After viewing the proposed plans, we cannot accept that a 300m² proposed expansion (with 39 required car park bays) will progress with no action on the landholders or Shires behalf and no attempt to fulfil these parking requirements. To once again dismiss the parking issues and needs of hospitality venues in the town centre, including bypassing parking requirements upon the opening of the Loose Goose and Dome, will result in detrimental impacts being eventually felt on the town. Businesses that have not been given such leeway, including our own, will voice their concern with the Shire's approach and lack of uniform standards. This precedent of waving car park requirements in the town centre is an unsustainable town planning approach that is hardly accommodating growth in the town centre and equal treatment of businesses.	As per the Council Item presented to Council on 28 July 2015 for the Pier Hotel, the Pier itself requires 88 car parking bays with only 37 on-site. Council at the time was given the options to: A) waive the requirement for the additional 51 bays B) Require a Cash-in-Lieu payment for the additional 51 bays C) Require the payment of a yearly fee for the use of 51 car parking bays in the road reserve adjoining The Esplanade that are regularly utilized by Pier Hotel patrons and staff. Council resolved to require prior to the issuance of a building permit, a Bond of $92,500 to be required to be paid to the Shire of Esperance (Planning Services) within 3 months of the date of this approval, with such Bond only being returned upon satisfactory construction of 37 car parking bays and associated manoeuvring, loading, unloading and circulation areas. This bond was never paid as the applicant constructed the paved area in a timely manner. The requirement for the remaining 51 car parking bays was waived by Council. The same three options are presented here, suitably adjusted, for Council to determine the best outcome.
The existing car park that has been proposed to be allocated solely as a staff parking area may require resurfacing, as was required at the Pier Hotel under the planning scheme. In altering this area from a pervious to non-pervious surface, storm water retention issues are triggered; the plans currently show no indication of site retention of storm water, storm water management, or plans for infrastructure that may need to be upgraded due to increases in surface water cumulation.	The standard requirement for any development is to retain the stormwater to site. Should this not be feasible the applicant has the option to apply to Shire of Esperance (Asset Management Division) to connect to the Shire Stormwater Management System at the cost of the applicant. This is covered under the following condition: “All stormwater is to be either retained on-site or discharged into the Shire Stormwater Drainage System in accordance with an approved Drainage Plan. Should the applicant wish to connect to the Shire Stormwater Drainage System, a Drainage Plan is to be submitted to and approved by Shire of Esperance (Asset Management Division).”
There was no planned area indicated for waste management or collection, and the disposal of waste and waste oil must be managed due to the close proximity with our rear accommodation. Thirdly, the upgrades to the grease trap that is required following expansion, and that was strongly reinforced following our own expansions, have not been indicated.	A Waste Management plan is required to be submitted to Shire of Esperance (Environmental Health Services) prior to application for a Building Permit. This will cover the disposal of wastes from the premises, and will require compliance with the relevant legislation and the Health Local Law. The existing grease trap is not the responsibility of the Shire of Esperance. The applicant is advised the contact the Water Corporation to determine if the Grease Trap and sewer connection need to be upgraded as part of the proposed works.
Issues surrounding the road at the rear of the Loose Goose (and also bordering our property) will become more prominent with the increase in traffic flow following Lot 31 Andrew Street rear carpark development. This road and the right of way is in bad disrepair currently, and with the source of increase the sole responsibility of the Loose Goose, they should be responsible for upgrades to this zone (which will also accommodate their loading and unloading area).	The road in question is the responsibility of the Shire of Esperance. Any complaints regarding its condition should be forwarded to Shire of Esperance (Asset Management Division).
One final point I would like to emphasis is concerning noise levels of extra refrigeration and ventilation equipment following approval of extensions. With the Loose Goose essentially planning to triple in size, The Pier Hotel requires a qualified acoustic engineer report prior to works commencing, and hence an additional report following completion of works.	The officers recommendation includes the following condition: The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997. This condition was also applied to the most recent approval for the Pier Hotel. Should the works or operation of the business result in a noise issue the objector is welcome to place a complaint with Shire of Esperance (Environmental Health Services). A report from an Acoustic Engineer is considered unnecessary as: A) The proposal is for the expansion of the existing business. B) There are no works proposed to the rear of the building. C) The existing Cool Rooms are not proposed for modification.

Options for Car Parking:

The planning assessment indicates that the Loose Goose Restaurant will require 39 car parking spaces under Local Planning Scheme No. 23, which is reduced from 78 car parking bays when the 50% reduction under the Commercial Strategy is applied.

The applicant has indicated that the area at the rear of the Loose Goose can accommodate 11 cars and 1 motorbike. The bays along Andrew Street are for general purposes, and not for the exclusive use of any business.

Option 1: Require only the 11 car parking bays currently available on site, and waive the requirement for the other 28 car parking bays.

This is the officer’s recommendation and is covered Condition 5. It should also be noted that the primary hours of operation of this facility are outside of the peak times for usage of the public domain parking bays.

Option 2: Require payment of cash-in-lieu for the 28 car parking bays not provided on-site. This would require the following condition to be inserted into the recommendation conditions and condition 5 would need to be removed.

5. Prior to the issuance of a building permit, a cash-in-lieu contribution for the shortfall of 28 parking bays on site is to be paid to the Shire of Esperance. The value of the contribution must be determined by the Valuer-General or a licensed valuer appointed by the Shire of Esperance. All costs associated with the valuation and execution shall be borne by the applicant/landowner and payable to the Shire of Esperance on demand.

Shire staff have estimated that, based on the valuations used for the Town Centre Revitalisation Master Plan, that Cash-in-Lieu for 28 car parking bays with dimensions of 2.5 metres by 8.5 metres (as per Clause 5.11.2(d) of LPS 23) at a rate of $700 dollars per square metre (as per the Town Centre Revitalisation Master Plan) plus $2,500 in construction costs per bay as stipulated in the adopted Schedule of Fees and Charges would equate to a total value of approximately $17,375 per bay (Total cost for 51 bays is $486500). This figure is approximate as the most recent land valuations being several years old and as such may end up being higher or lower with the final figure being determined by a the Valuer-General or a licensed valuer appointed by the Shire of Esperance.

Option 3: Require payment of a yearly fee for the use of 28 car parking bays in the road reserve along Andrew Street.

5. Prior to the issuance of a building permit, an application for a Deed of Licence over a portion of Andrew Street consisting of 28 parking bays and associated trafficable areas. The fee for the Deed of Licence will 3.99% of the valuation and cost of construction (as specified in the Schedule of Fees and Charges) for 28 parking bays with the dimension of 2.5 metres by 8.5 metres. The valuation is to be determined by the Valuer-General or a licensed valuer appointed by the Shire of Esperance. The Licence will be non-exclusive.

It is recognised that the amount of the required cash-in-lieu contribution would be detrimental to the viability of the proposal. As a result Shire officers have investigated the potential for a Deed of Licence to be made with the landowner for 28 of the car parking bays in the road reserve for Andrew Street. Based initially on the total value of each bay being $17,375 (as previously established and subject to the same caveats) and considering that a rate of return of 6% would be appropriate in this instance it is estimated that, based on the opening hours of the Loose Goose and regular business hours that 66.5% of the time it is likely that there is public usage in associated with other businesses or activities.

Local Planning Policy: Reciprocal Car Parking states:

Where different land uses on a property are proposed that have different operating hours (e.g. nightclub and office development), consideration may be given to approving reciprocal arrangements for car parking having regard to the different car parking demand requirements. Agreement to such arrangements may require the parties to the reciprocal arrangement to enter into an appropriate agreement to which Council is the controlling party.

Based on this 33.5% of the parking could be considered to meet the intent of this Policy.

Using a base rate of return of 6% the resultant rate of return would be 3.99% (6 multiplied by 0.665)

3.99% of ($17,375x 28) = $19,411.35 per annum

Due to the general nature of this valuation it is suggested that a new valuation be sought as a condition should this option be selected by Council. This would establish an accurate value of the annual charge for the Deed of Licence.

It should be noted that the use of a Licence and the fact that it will be non exclusive means that the provisions of Section 3.58 of the Local Government Act and the associated procedures do not apply

There have been two recent applications of a similar nature, being the Pier Hotel (28 July 2015) which had an identified requirement of additional 51 car parking bays waived with the requirement for the payment of a bond (to be returned upon satisfactory completion of the sealing and marking of car parking on the Pier Hotel site, and Lot 13 (70) The Esplanade, Esperance (26 July 2016) which had a requirement for 22 car parking bays reduced down to 5 due to proximity to existing car parking facilities.

While Council is not bound by the precedent established by other approvals in the area, it is noted that officers didn’t consider there were any circumstances that necessitate this proposal being treated differently to others in close proximity and have recommended option 1.

Consultation

The application was referred to the Department of Racing, Gaming and Liquor and the WA Police. Neither Department raised an issue with the proposal.

The proposal was referred to adjoining landowners due to the proposed variation to Car Parking requirements of Local Planning Scheme No. 23. Only one objection was received from the Pier Hotel (see Attachment A).

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 23

Planning and Development Act 2005

Policy Implications

Nil

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

a .	Pier Hotel Objection
b .	Letters submitted with Application
c .	Plans

Officer’s Recommendation

That Council approve Development Application 10.2016.3280.1 for Alterations and Additions to the existing Restaurant at Lot 31 (9) Andrew 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), excluding those areas marked as Deleted from this Application and unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. All stormwater is to be either retained on-site or discharged into the Shire Stormwater Drainage System in accordance with an approved Drainage Plan. Should the applicant wish to connect to the Shire Stormwater Drainage System, a Drainage Plan must be submitted to and approved by Shire of Esperance (Asset Management Division) prior to the connection being established.

3. 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).

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

5. A minimum of 11 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, Australian Standard 2890.6 and the Building Code of Australia.

6. 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.

7. The approved development shall be connected to a reticulated water supply provided by a licensed water provider.

8. The approved development shall be connected to sewer prior to commencement of the development and/or use.

9. 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).

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

11. 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.

12. The materials to be used on the external surfaces of the proposed extension to the building shall complement the existing building’s materials used in the construction of the existing building to the satisfaction of the Shire of Esperance (Planning Services).

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

14. A Section 70A Notification under the Transfer of Land Act 1893 (as amended) must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and successors in title that:

VULNERABLE COASTAL AREA – This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

The Section 70A Notification is to be registered on the Certificate of Title prior to the issuance of a building permit, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense.

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

16. Prior to the application for a Building Permit, a waste management plan shall be submitted to and approved by the Shire of Esperance (Environmental Health Services). The waste management plan shall be implemented at all times to the satisfaction of the Shire of Esperance (Environmental Health Services).

In relation to the requirements of the waste management plan, the applicant is advised to contact the Shire of Esperance (Environmental Health Services). Generally the plan shall detail how all refuse generated from the site will be dealt with, including the location of all refuse storage areas, size and location of grease traps and the means by which waste disposal vehicles will access the bins.

17. 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).

18. 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).

19. 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).

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. 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 developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for Planning Approval, Building Permit and/or Signs License for any signage proposed to be erected on site.

7. Application to alter a Public Building 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.

8. 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 Variation of Certificate of Approval has been issued by the Shire Esperance in accordance with section 178 of the Health Act 1911.

9. 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.

10. All food preparation, handling and storage must be shown on the plans provided with any application for a Building Permit or application to alter a Public Building.

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

12. The approved development is required to comply with the following legislation (as amended from time to time):

· Health Act 1911

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Environmental Protection (Noise) Regulations 1997

· Health Act (Laundries and Bathrooms) Regulations 1971

· Health (Smoking in Enclosed Public Places) Regulations 1999

13. The applicant should contact the Water Corporation to confirm any requirements to upgrade the existing Grease Trap and sewer connections.

14. 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.

Voting Requirement Simple Majority

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)