Ordinary Council: Agenda

28 February 2017 Page 4

Declaration of Interest (Notes for Your Guidance)

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4. If in doubt declare.

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

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

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

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

Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

28 February 2017 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 28 February 2017

COMMENCING AT 4pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr V Brown President Rural Ward

Cr N Bowman Deputy President Rural Ward

Cr J Parsons Town Ward

Cr P Griffiths Town Ward

Cr K Hall Town Ward

Cr L McIntyre Town Ward

Cr R Padgurskis Town Ward

Cr B Stewart, JP Town Ward

Cr B Parker Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Resources

Mr M Walker Director Asset Management

Mr T Sargent Director External Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss S Fitzgerald Administration Officer

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

6.1 Declarations of Financial Interests – Local Government Act Section 5.60a

6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 24 January 2017, and the Special Council Meeting of the 6 February 2017 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Review of Local Planning Policies

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/1350

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider reviewing a number of Local Planning Policies as a result the Gazettal of Amendments 19 and 20 to Local Planning Scheme No. 23, the R-Codes and the Planning and Development (Local Planning Schemes) Regulations 2015.

Recommendation in Brief

That Council in accordance with Clause 4, Clause 5 (2) and Clause 6(b) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) amend, modify and revoke the listed Local Planning Policies.

Background

With the finalisation of Local Planning Scheme No. 24 soon to occur, a review of the Local Planning Polices was undertaken to ensure that they are fit for purpose once the new Scheme is Gazetted. During this process it was noted that changes can be made to a number of policies before the gazettal of Local Planning Scheme No. 24

Officer’s Comment

During the policy review it was noted that a number of policies required significant modification, especially since the gazettal of Amendments 19 and 20. These policies will require public advertisement before being brought back to Council for consideration in the light of any submissions.

Ancillary Accommodation

The controls for ancillary accommodation are derived from the R-Codes. The current policy is based on an earlier version of the R-Codes and as such is inconsistent with the prescribed practice. The proposed policy assigns very basic standards on zones other than ‘Residential’ where ancillary accommodation is permitted.

Holiday Homes

It is proposed to amend the Holiday Homes policy significantly by simplifying the provisions to those that can be justified for the nature of development that is proposed. The amended policy is consistent with the prevailing standards of the Scheme.

Bed & Breakfast Establishments

The major change to this policy is the limitation to the number of occupants. Under the current policy 6 adult persons with the total occupancy of no greater than 12 persons are allowed. Under the definition in Local Planning Scheme 24 (which is the mandated definition by the Department of Planning) there is a maximum number of four (4) adult persons or one family and no more than 2 guest bedrooms. Other changes to the policy are procedural in nature a do not impact on the operation of the policy.

A number of policies require updating but the nature of the modification has minimal impact on the operation of the policy. These policies do not need to be advertised other than to advise that they have been adopted.

Development Performance Bonds and Bank Guarantees

The only modification to this policy is changing the reference from Local Planning Scheme No. 23 to Local Planning Scheme.

Planning Compliance

Two modifications are proposed, the first is changing the reference from Local Planning Scheme No. 23 to Local Planning Scheme. The second modification is reflecting changes to position titles.

Plantations (now Tree Farm)

The modifications to this policy relate to the changing the reference from Local Planning Scheme No. 23 to Local Planning Scheme. Further is the renaming of the policy to relate to the land use in Local Planning Scheme No. 24 (note Plantation was not a use in Local Planning Scheme No. 23). A number of deletions are proposed that simplify the policy but do not change its intent.

Since the gazettal of Amendments 19 and 20 and a review of Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 it is proposed to revoke a number of policies as they are either not reflective of current practice or are superfluous.

Home Based Businesses

This policy is proposed to be revoked for two reasons. Firstly most of the policy is duplication of the provisions of Local Planning Scheme No. 23. The second reason is that it no longer reflects current practice of not requiring a mandatory renewal process.

Satellite Dishes

Satellite Dishes are considered external fixtures which are exempt from development approval if in compliance with the Scheme and R-Codes. Outside of the Residential zoned area there is considered to be a minimal amenity impact and as such it is recommended that this policy be revoked.

Reciprocal Car Parking

Provisions relating to Reciprocal Car Parking were incorporated into Local Planning Scheme No. 23 by Amendment 19 and this policy is now superfluous

Caretaker’s Dwellings in Industry-Business Zone

Provisions relating to Caretaker’s Dwellings were incorporated into Local Planning Scheme No. 23 by Amendment 19 and this policy is now superfluous.

Second-Hand Dwellings

Provisions relating to Second-Hand Dwellings were incorporated into Local Planning Scheme No. 23 by Amendment 20 and this policy is now superfluous.

The following table summarised what section of the Regulations the proposed policy amendment falls under including a summation of the action involved.

Policy	Section of Regulations	Action
Ancillary Accommodation Holiday Homes Bed and Breakfast Establishments	Clause 4 of the Deemed Provisions	· Advertise for comment for not less than 21 days. · Council review in light of any submissions. · Policy applies from advert advising of adoption.
Development Performance Bonds Planning Compliance Tree Farms	Clause 4 and 5 (2) of the Deemed Provisions	· Policy applies from advert advising of adoption.
Home Based Businesses Satellite Dishes Reciprocal Car Parking Caretaker’s Dwellings in Industry-Business Zone Second-Hand Dwellings	Clause 6(b) of the Deemed Provisions	· Policy revoked from advert advising of revocation of policy.

Consultation

As these policies are being amended under Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 they will need to be advertised not less than 21 days.

Were the policies are only the subject of a minor amendment they need not be advertised in accordance with Clause 5(2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule.

Where a policy is revoked notification occurs by the publishment of a notice of revocation is a newspaper circulating in the Scheme area.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Division 2 of Part 2 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2)

Planning and Development Act 2005

Policy Implications

This item relates to policy development.

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have due regard to a Local Planning Policy as required under Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

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 ⇩.	Revised Local Planning Polices Requiring Advertising
b ⇩.	Revised Local Planning Policies Minor Amendments
c ⇩.	Local Planning Policies to be Revoked

Officer’s Recommendation

That Council:

1. In accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) amend the following Local Planning Policies as per Attachment A:

a. Ancillary Accommodation

b. Holiday Homes

c. Bed and Breakfast Establishments

2. In accordance with Clause 4 and 5 (2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) amend the following Local Planning Policies as per Attachment B:

a. Development Performance Bonds

b. Planning Compliance

c. Tree Farms

3. In accordance with Clause 6(b) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) revoke the following Local Planning Policies as per Attachment C:

a. Home Based Businesses

b. Satellite Dishes

c. Reciprocal Car Parking

d. Caretaker’s Dwellings in Industry-Business Zone

e. Second-Hand Dwellings

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 45

Item: 12.1.2

Proposed Reserve Actions over Reserves 32632, 41810 and 29272 - Black Street, Esperance

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/1733

Applicant

Internal

Location/Address

Reserves 32632, 41810 and 29272

Executive Summary

For Council to consider the amalgamation and redistribution of Reserves 32632, 41810 and 29272 to better reflect the range of activities currently occurring on each reserve.

Recommendation in Brief

That Council request the Department of Lands to:

1. Cancel Reserve 32632 and amalgamate into Reserve 41810.

2. Amend the boundaries of Reserve 41810 and Reserve 29727 as shown on Attachment B; and

3. Change the reserve purpose of Reserve 29727 to Civic Purposes, Youth Centre, Recreation and Parking; and

4. Change the reserve purpose of Reserve 41810 to Community Purposes, Day Care Centre, Recreation and Parking.

Background

During and assessment of the former ‘Men in Sheds’ at HACC it was determined that the shed was located on two land parcels. As part of this review it was determined to look at all three reserves that are on the southern side of Black Street, Esperance. This assessment determined that there was more efficient and effective way of aligning the reserves with the uses.

A request was sent to the Department of Lands to commence the process of amending the reserve boundaries and purposes. In response to this the Department of Lands have now written (Attachment A) to the Shire requiring a request a Council resolution to effect the changes or alternatively a letter requesting the changes under delegated authority should be provided.

Officer’s Comment

The proposed alignment of reserves results in HACC and the reserve to the west (containing the former ‘Men in Sheds’) forming one reserve and the car park and the Bay of Isles Leisure Centre forming the other reserve as shown below.

The proposed land uses for proposed Reserve A are:

· Civic Purposes

· Youth Centre

· Recreation

· Parking

The proposed uses reflect the current use of the reserve and takes into account the inclusion of the parking area into this reserve.

The proposed land uses for Proposed Reserve B are:

· Community Purposes

· Day Care Centre

· Recreation

· Parking

The proposed uses reflect the current use of the reserve.

Consultation

Department of Lands

Director External Services

Financial Implications

The financial implications arising from this report will relate to any surveying costs that are required to redraw the reserve boundaries. Indications are that this would be approximately $2,500.

Asset Management Implications

N/A

Statutory Implications

Sections 5.42 & 5.46 of the Local Government Act 1995

Section 46(2) Land Administration Act 1997

The Minister may, with the consent of the management body of a reserve and of the holders of any interests within the reserve, by order vary any condition to which the care, control and management of the reserve is subject.

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

N/A

Attachments

a ⇩.	Department of Lands - Request to Provide Council Resolution
b ⇩.	Proposed Reserve Layout

Officer’s Recommendation

That Council request the Department of Lands to:

1. Cancel Reserve 32632 and amalgamate into Reserve 41810.

2. Amend the boundaries of Reserve 41810 and Reserve 29727 as shown on Attachment B;

3. Change the reserve purpose of Reserve 29727 to Civic Purposes, Youth Centre, Recreation and Parking; and

4. Change the reserve purpose of Reserve 41810 to Community Purposes, Day Care Centre, Recreation and Parking.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 51

Item: 12.1.3

Proposed Delegation - Land Administration Act 1997

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/1864

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

N/A

Executive Summary

For Council to delegate to the Chief Executive Officer the power to request the Department of Lands to undertake reserve actions on behalf of Council.

Recommendation in Brief

That Council approved the Delegated Authority dealing with Section 46(2) of the Land Administration Act 1997 to the Chief Executive Officer as detailed in Attachment A.

Background

A request was sent to the Department of Lands to commence the process of amending the reserve boundaries and purposes on Black Street (see Item 12.1.2). In response to this the Department of Lands have requested a Council resolution to effect the changes or alternatively a letter requesting the changes under delegated authority should be provided.

Officer’s Comment

The way Section 46(2) of the Land Administration Act 1997 is structured results in any modification to a Shire managed reserve requiring the consent of Council. The vast majority of reserve changes are to reflect uses that are already on the site or have already gone through a formal process with Council (for example the Scaddan Fire Shed).

The proposed delegation relates to requesting modifications to Shire managed reserves only, any request to divest a reserve will still require Council consideration.

To this end it is proposed to adopt a new delegation (Attachment A) that allows the administration to make requests to modify Shire managed reserves.

Consultation

Department of Lands

Director External Services

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Sections 5.42 & 5.46 of the Local Government Act 1995

Section 46(2) Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Employees actively contribute to improved operational service delivery and ensure excellent customer service

Employees who continually improve the operational service delivery

Environmental Considerations

Nil

Attachments

a ⇩.

Delegation

Officer’s Recommendation

That Council approved the Delegated Authority dealing with Section 46(2) of the Land Administration Act 1997 to the Chief Executive Officer as detailed in Attachment A.

Voting Requirement Absolute Majority

	14.1 Care, Control and Management of Reserves
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].	To allow requests to be made regarding the care, control and management of Shire managed reserve in accordance with Section 46.(2) Land Administration Act 1997
Statutory Power being Delegated:	Land Administration Act 1997 S46.(2) Care, control and management of reserves
Power is originally assigned to:	Local Government
Statutory Power of Delegation	Local Government Act 1995 s.5.42 – Delegation of some powers or duties to the CEO
Power Delegated to:	Chief Executive Officer
Conditions on Delegation:	Limited to giving consent of the management body of a reserve (being limited to the Shire of Esperance).
Statutory Power to Sub-Delegate:	Local Government Act 1995 s.5.44 CEO may delegate powers and duties to other employees
Record Keeping Statement [s5.46(3)]	A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links	Local Government Act 1995 Land Administration Act 1997
Delegation Administration:
	Decision Reference		Decision Reference
1.		5.
2.		6.
3.		7.
4.		8.

Ordinary Council: Agenda

28 February 2017 Page 54

Item: 12.1.4

Development Application - Single House - Lot 102 (141) Johns Street, West Beach

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/1884

Applicant

Jaimen Hudson

Location/Address

Lot 102 (141) Johns Street, West Beach

Executive Summary

For Council to consider development application 10.2016.3382.1 for a Single Dwelling at Lot 102 (141) Johns Street, West Beach.

Recommendation in Brief

That Council resolve to approve development application 10.2016.3382.1 for a Single Dwelling at Lot 102 (141) Johns Street, West Beach, subject to conditions.

Background

An application for a Single Dwelling on Lot 102 (141) Johns Street, West Beach was submitted on 20 December 2016. The proposal called for several variations to the Residential Design Codes. As such the proposal was subsequently advertised to landowners between 21 December 2016 and 11 January 2017. On an approach from an adjoining landowner this period was extended to the 18 January 2017 and one objection was received on behalf of the owner of Lot 13 (2) Peppermint Grove – the lot immediately north of the proposed development.

The applicant was advised of the receipt of the objection and has subsequently provided comments in response.

Following discussions between the applicant and the objector, the application is now referred to Council for determination.

Officer’s Comment

Lot 102 (141) Johns Street, West Beach is zoned Residential R12.5.

The specific components of the development which do not comply with the Deemed-to-Comply provisions of the R-Codes which triggered advertising are:

· Building Height – 8.761m

· Retaining Wall on Property Boundary

· Visual Privacy

Whilst the proposed development cannot comply with the Deemed-to-Comply provisions of the R-Codes it can be assessed under the design principles subject to seeking the comments of affected landowners.

The Table below outlines the Officer’s assessment of the objections in the context of the Design Principles of the Residential Design Codes.

Objection

Design Principles

Officers Comment

Non-compliance with Building Height clause 5.1.6

The height of the proposed front walls does not comply with Clause 5.1.6 and has an adverse effect on the adjoin properties access to significant views being the west Beach outlook. The wall height variation can be easily overcome by moving the residence back on the block so the front wall is in line with the 30.00 AHD contour line.

Building height that creates no adverse impact on the amenity of adjoining properties or the streetscape, including road reserves and public open space reserves; and where appropriate maintains:

· adequate access to direct sun into buildings and appurtenant open spaces;

· adequate daylight to major openings into habitable rooms; and

· access to views of significance.

Whist the proposed development does not comply with the deemed-to-comply provisions of the R-Codes having a maximum wall height 8.761m it is considered consistent with the design principles.

Based on the standards outlined in the R-Codes there is adequate access to direct sun to the south (note there is no overshadowing to the north which is the direction of the objectors property).

It should also be noted that the impact on the views is not a result of the building height but rather the front setback which is compliant with the R-Codes.

Non-compliance with Retaining Walls clause 5.3.8

Although we have been informed by a shire planning officer that the retaining wall will be less than 500mm high we can only assess and provide comments on the plans submitted. The close proximity and height of the proposed retaining wall is cause for concern for the neighbouring property. The client is concerned about the effect on their existing garden during construction and future development of their property. The client would like to see the wall setback the required 1500mm form the boundary. If only 500mm high amended plans showing the proposed height. If the wall is approved on the boundary the client would like the wall engineered to take surcharge loads from vehicles and a proposed future two storey residence. As proposed the client would not be comfortable signing a BA20 form.

Retaining walls that result in land which can be effectively used for the benefit of residents and do not detrimentally affect adjoining properties and are designed, engineered and landscaped having due regard to clauses 5.3.7 and 5.4.1.

5.3.7

P7.1 Development that considers and responds to the natural features of the site and requires minimal excavation/fill.

P7.2 Where excavation/fill is necessary, all finished levels respecting the natural ground level at the lot boundary of the site and as viewed from the street.

Advice was received from the applicant that the retaining wall is no greater than 500mm. This is not the case and the actual retaining wall proposed is shown in Attachment A. The retaining wall is to maximum height of 1m.

The subject lot is proposed to be lowered to achieve a grade that is suitable for the occupant to access the site. Setting the wall back at 1.5m would prevent vehicular access to the garage which is located at the rear of the dwelling to facilitate access to the dwelling. The height of the adjoining lot will not be modified as a result of the proposed retaining wall.

A condition is recommended to be placed on the approval that states:

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 and rated for surcharge loads, as approved by the Shire of Esperance

Non-compliance with Visual Privacy clause 5.4.1

The plans submitted haven’t shown the full effect of overlooking. The cone of visions drawing has not been shown in accordance with the R-Codes. The client would be happy with screening attached to the balcony to prevent overlooking. Amended plans showing the screening would be beneficial.

P1.1 Minimal direct overlooking of active habitable spaces and

outdoor living areas of adjacent dwellings achieved through:

· building layout and location;

· design of major openings;

· landscape screening of outdoor active habitable spaces; and/or

· location of screening devices.

P1.2 Maximum visual privacy to side and rear boundaries through measures such as:

· offsetting the location of ground and first floor windows so that viewing is oblique rather than direct;

· building to the boundary where appropriate;

· setting back the first floor from the side boundary;

· providing higher or opaque and fixed windows; and/or

· screen devices (including landscaping, fencing, obscure glazing, timber

· screens, external blinds, window hoods and shutters).

A condition is recommended to be placed on the approval that states:

Screening devices such as obscure glazing, timber screens, external blinds, window hoods and shutters are to be at least 1.6m in height, at least 75 per cent obscure, permanently fixed, made of durable material and restrict view in the direction of overlooking into Lot 13 (2) Peppermint Grove, West Beach in accordance with the provisions of the Residential Design Codes.

Discrepancies on Plans

· The roof lines do not correspond from elevation to elevation. E.g. Southern Elevation roof line does not match the height that it is shown in the Eastern Elevation.

· The existing ground levels haven’t been show to match the survey and therefore dimensions from elevation to elevation does not correspond.

· The Western Elevation shows build up on the right hand corner around 750mm high, however on the Southern Elevation it is only shown as around 300mm.

· The heights on the elevations do not correspond to the section drawing

· The site plan shows notations of R20 zoning

· There is a hatched area denoting compensating for encroaching however there are no averaging calculations shown.

· There are no window heights shown on the elevations.

· The privacy cone of visions have not been shown correctly

· No overshadowing calculations shown

The elevations are correct the apparent discrepancy is a result of the skillion roof that is lower on one side whereas the listed height is based on the highest elevation.

The fill reflects the changing grade over the site.

Whilst the plan has a notation stating the site is R20 the assessment has been undertaken using the R12.5 coding.

The compensation area is sufficient for the front setback that is proposed.

The comment relating to window heights is noted. These have been scaled for the assessment process but more specific detail will be required for the building permit.

The cone of vision has been sufficient to demonstrate that there is an overlooking aspect and a condition is proposed to be applied to require screening in accordance with the R-Codes.

Overshadowing was calculated by officers and it complies with the R-Codes standard. It should be also noted that no overshadowing occurs to the north.

Based on the assessment above it is recommended that the proposed dwelling, earthworks and associated retaining walls be approved subject to conditions.

Consultation

The proposal was advertised to landowners between 21 December 2016 and 11 January 2017. On an approach from an adjoining landowner this period was extended to the 18 January 2017 and one objection was received on behalf of the owner of Lot 13 (2) Peppermint Grove – the lot immediately north of the proposed development.

The contents of the objection were forwarded to the applicant to provide a response (Attachment C).

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 23

Residential Design Codes

It should be noted that pursuant to s.211(1) of the Planning and Development Act 2005, a person aggrieved by the failure of a local government to enforce or implement effectively the observance of a local planning scheme may make representation to the Minister. If the Minister considers it appropriate to do so, representation may be referred to the State Administrative Tribunal for its report and recommendation. Following subsequent actions and recommendation by the SAT the Minister may order the local government to do all things considered necessary for enforcing the observance of the Scheme or any provisions of the Scheme.

In this instance it is considered that the Scheme has been enforced effectively.

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

N/A

Attachments

a ⇩.	Development Proposal
b ⇩.	Objection to Development Proposal
c ⇩.	Response to Objection

Officer’s Recommendation

That Council approve Development Application 10.2016.3382.1 for a Single Dwelling, Retaining Walls and Earthworks at Lot 102 (141) Johns Street, West Beach 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 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).

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.

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

4. 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 and rated for surcharge loads, as approved by the Shire of Esperance (Building Services).

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

6. Screening devices such as obscure glazing, timber screens, external blinds, window hoods and shutters are to be at least 1.6m in height, at least 75 per cent obscure, permanently fixed, made of durable material and restrict view in the direction of overlooking into Lot 13 (2) Peppermint Grove, West Beach in accordance with the provisions of the Residential Design Codes.

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

9. 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).

10. 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.

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

12. 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.

13. 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.

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

15. 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).

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

17. A geotechnical report prepared by a suitably qualified geotechnical engineer is to be submitted as part of any application for a Building Permit to the satisfaction of Shire of Esperance (Building Services/Asset Management Division). The scope of the report shall be agreed in advance with the Shire of Esperance and the report as approved shall be fully implemented and completed, but as a minimum will need to verify that the site is capable of sustaining the proposed development and certify that any filling or backfilling has been adequately compacted.

And the following advice notes:

1. THIS IS NOT A BUILDING LICENCE. In accordance with the provisions of the Local Government (Miscellaneous Provisions) Act 1960, an application for a building licence 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 Act 2011, Building Regulations 2012 and the Local Government Act 1995.

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. Any fencing proposed for the site must comply with the Fencing Local Law.

6. 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.

7. If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and ne of not further effect.

8. Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

9. If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 75

Item: 12.1.5

Building Height Variation Policy

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/2448

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Executive Summary

For Council to consider adopting the Building Height Variation Policy.

Recommendation in Brief

That Council adopt the Building Height Variation Policy (Attachment A) as a Council Policy.

Background

The policy area corresponds with the area zoned ‘Tourist Residential’ under Local Planning Scheme No. 23. Within this area a Plot Ratio of 0.5 applies, with plot ratio being a calculation of floor space based on the size of a lot. Using plot ratio development can occur at a range of heights in excess of that currently permitted for within the Scheme. An example of how this occurs is that all residential development is limited to a wall height 6m and a roof height of 9m (two stories). Using plot ratio a 1000m² lot could have 500m² of floor space in any configuration be it one or five stories it could still comply with the Scheme.

This is compounded in draft local Planning Scheme No. 24 as the provisions of the R-Codes with allow tourist/holiday accommodation development to a wall height 9m and a roof height of 12m (three stories). This height will also apply to multiple dwellings (i.e. that is dwellings where one floor overlaps another). Due to the wording in this Scheme a single dwelling or grouped dwelling is limited to a wall height 6m and a roof height of 9m (two stories).

To address this issue a draft policy has been formulated.

Officer’s Comment

Whilst working through the modifications to Local Planning Scheme No. 24 it became apparent that there was potentially a discrepancy in potential building height within the policy area.

Adopting the draft policy as a Council Policy will have limited impact on development potential under the current Scheme but it will be sufficient to signal intent to the department of planning to insert a provision into Local Planning Scheme No. 24 to allow building height to be varied by a Local Planning Policy.

The maximum development potential is shown below.

Once Local Planning Scheme No. 24 is gazetted this policy will be brought back to Council for adoption as a Local Planning Policy.

Consultation

Director External Services

Department of Planning

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Local Planning Scheme No. 23

R-Codes

Local Government Act 1995

Policy Implications

This item relates to policy development.

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 ⇩.

Building Height Variation Policy

Officer’s Recommendation

That Council adopt the Building Height Variation Policy (Attachment A) as a Council Policy.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 98

Item: 12.1.7

Introduction of Fee - Exit Amount - Esperance Home Care

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/3610

Applicant

Esperance Home Care

Location/Address

Esperance Home Care

Executive Summary

With the introduction of Consumer Directed Care within the Aged Care sector, effective 27February 2017, the ability now exists for service providers to apply an exit amount to client accounts when they no longer require the Home Care service.

Recommendation in Brief

That Council approve the introduction of a fee to cover administrative costs associated with finalising accounts, for clients leaving the Home Care service.

Background

Effective 27^th February 2017, packaged care funding and arrangements will change for Home Care packaged clients.

Currently, the Shire of Esperance is allocated a set number of Government funded “packages”, at varying levels, that Home Care staff manage and allocate to clients based on need. Government funding and client contributions for approved packaged care clients is paid to and managed by Esperance Home Care Service. When a client no longer requires the services of Home Care, funds remaining in the client account are retained by Esperance Home Care and the package is allocated to another client.

When the changes come into effect, Esperance Home Care will no longer have a set number of packages to allocate. All existing packaged care clients will retain their current level of service, however as clients leave the service their package will now be returned to the Government for reallocation from a nationwide “wait list”.

Additionally, when a client leaves the service, any funds remaining within their account will be finalised, as an approved exit amount removed and returned to the Government for reallocation and any prepaid client contribution returned to them.

Officer’s Comment

There is an element of uncertainty in regard to the impacts these changes will have on the current Home Care arrangements. From a client perspective, it is business as usual and there will be no changes to the services they receive.

The catalyst for the change is to allow clients to make decisions about their own care. Clients are offered their package directly from the Government and the onus is on the client to research and choose who their service provider will be. In Esperance, the Esperance Home Care Service is the only provider of this type in town and therefore not faced with the same competition as other service providers in other areas.

However, even without the competition, uncertainty exists with the new process as Home Care will not be provided with any information about client need or package allocation until the clients makes contact with Home Care to arrange care. Allocated package levels and provision of approved services will need to be factored into staffing and rostering levels with little or no notice.

While the choice is now with the client to choose their Home Care provider, they can also choose to change their provider and if/when they do, their funding and their package will follow them, where previously the package would stay with the service provider.

As these changes have the potential to impose a cost burden on service providers, there is now provision for an exit amount to be deducted from an unspent home care package when a client leaves their care, regardless of whether they choose to or they no longer require the service due to moving into residential aged care or death. It is important to note that this amount can only be deducted from the unspent amount within a clients package and is not a fee that is charged directly to the client. If the client does not have the nominated maximum exit amount available in their account at the time of leaving the service the provider can only deduct the amount available and not incur additional costs to the client.

The service provider needs to allocate a maximum amount that can be deducted as an exit amount. This exit amount is intended to allow providers to recover administrative costs associated with determining and making payment of unspent home care amounts. The fee needs to be included i9nt he Council’s schedule of Fees and Charges. The maximum amount needs to be published on the My Aged Care website and must be included in all client agreements, new and existing.

It is envisaged that the administration of client exit could cost as much as $400 and the fee is proposed to cover that cost but will be reviewed as the true cost becomes evident.

It is difficult, at this time, to establish an exact cost of this exit process and to quantify how many times this amount will be charged. The amount deducted will be capped at $400 per exiting client, however if there are insufficient funds in the client account, only the dollar value available will be retained. It is estimated that 12 - 15 clients leave the Home Care service annually.

Consultation

Esperance Home Care

My Aged Care

Australian Government – Dept of Health

Financial Implications

Based on 12 clients departing the Home Care service and an average exit amount $300 being collected, introducing this charge will add approximately $3600 to the Esperance Home Care revenue.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Create and strengthen partnerships to advocate for and deliver community facilities, and services and major infrastructure

The community has access to a range of education, health and transport opportunities to maximise their potential

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council adopt a fee of $400 or the balance of the clients accounts, whichever is the lesser amount, for exit process adminstration, to be deducted from client accounts upon leaving the Esperance Home Care service from 1 April 2017.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 101

12.2 Asset Management

Item: 12.2.1

Building Maintenance - Old Police Sergeant's Quarters

Author/s	Bill Parry	Manager Asset Planning
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D17/3003

Applicant

Internal

Location/Address

Museum Village – Old Police Sergeant’s Quarters

Executive Summary

Unscheduled maintenance has been identified of the Old Police Sergeant’s Quarters building and prior to re-leasing, a request is made to transfer funds from the Building Maintenance Reserve to undertake one of two maintenance options.

Recommendation in Brief

That Council acknowledges maintenance is required and approves the recommendation to transfer funds.

Background

The proposed re-leasing of the Old Police Sergeant’s Quarters in May has prompted a review of building maintenance required in the current financial year. The timber verandah decking and stumps have deteriorated to the point that renewal is required; this raises the option of whether the enclosed 3m x 2m fibro room built over the verandah is replaced.

Photo indicates current poor condition of verandah timbers, front room of fibro construction and ramp

Officer’s Comment

To enable the verandah timber flooring and stumps to be levelled and replaced, the room will need to be removed with 2 options for replacement:

Option 1 – Renewal including reinstatement of room over verandah - $14,000

Option 2 – Renewal and permanent removal of room over verandah - $10,000

Both options include rebuilding the ramp to provide disabled access.

Of note, the appearance of this the original drawings below (as constructed in 1926) indicate that the building did not originally have an enclosed verandah. The removal of the front room will also match the presentation and balustrading of the adjoining buildings.

Consultation

Manager Corporate Support

Property/Building Coordinator.

Financial Implications

A minor reduction in rent of approx. $770 pa would result from the removal of 6m2 of lettable space, the minor reduction in size of the premises is not considered a detriment to the future leasing of the building.

The cost to undertake the required works will be funded from the Building Maintenance Reserve as per the table below.

Description	Budget Figure	Amended Figure	Variation
Renewal and permanent removal of the room over the verandah	$0	$10,000	$10,000
Transfer from Building Maintenance Reserve	$0	($10,000)	($10,000)
Net result			$0

Asset Management Implications

The proposed works will not significantly alter the building value but may reduce the ongoing maintenance and renewal expenditure.

Statutory Implications

Disabled access will be considered as part of the maintenance works.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Maintain the Shire’s robust asset management practices and maintenance programs

Assets which meet the expectations of the community

Corporate Business Plan 2013/2014 – 2016/2017

3.1.7 Maintain Shire buildings

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council:

1. Approve renewal of the verandah structure with the permanent removal of the room constructed over it.

2. Approve a budget variation for the Police Sergeant’s Residence as per the table below:

Description	Budget Figure	Amended Figure	Variation
Building maintenance – Police Sergeant’s Residence – W/O 1830	$0	$10,000	$10,000
Building Maintenance Reserve	$0	($10,000)	($10,000)
Net result			$0

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 February 2017 Page 104

Item: 12.2.2

Esperance Indoor Sports Stadium Redevelopment Funding

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D17/3071

Applicant

Internal

Location/Address

Greater Sports Ground

Executive Summary

The Shire has now received confirmation of the successful grant application from the Goldfields Esperance Development Commission – Goldfields Esperance Revitalisation Fund (GERF) and Department of Sport and Recreation - Community Sporting and Recreation Facilities Fund (CSRFF). The CSRFF fund received was less than the amount requested, creating a short-fall in the project funding required. It is proposed that the Shire make up the short-fall in funding so that the project can proceed.

Recommendation in Brief

That Council allocate an additional $277,000 from its Building Maintenance Reserve to the Esperance Indoor Sports Stadium Redevelopment stage one, for a total Shire and Stakeholder commitment of $2,463,976.

Background

The community has been working on the upgrade / redevelopment of the Esperance Indoor Sports Stadium for 15+ years. During last year the Shire applied for grants from GERF and CSRFF to assist in the $7.25 Million Esperance Indoor Sports Stadium Redevelopment stage one project.

Officer’s Comment

The Shire has now received confirmation that it has received grants from both the GERF and CSRFF funding. The amount requested from the CSRFF was $277,000 less than the requested amount see below table.

Stage 1	Requested	Received
Funding source
GERF	$4,060,274	$4,060,274
CSRFF	$1,000,000	$723,000
Shire / Stakeholder	$2,186,976	$2,186,976
TOTAL	$7,247,250	$6,970,250
Short-fall	$0	($277,000)

The Department of Regional Development has requested the Shire to advise them of the source of funding for the short-fall so that it can be incorporated into the deed of agreement.

To continue progressing the development of stage one of the Esperance Indoor Sports Stadium Redevelopment it is recommended that the short-fall be made up by increasing the Shire’s contribution towards the project by $277,000 to a total Shire and Stakeholder commitment of $2,463,976. It proposed the additional $277,000 comes from the Building Maintenance Reserve.

Consultation

Department of Regional Development

Finance

Financial Implications

The financial implications arising from this report are an additional $277,000 is required to complete the Esperance Indoor Sports Stadium Redevelopment stage one. The additional amount is proposed to come out of the Building Maintenance Reserve which is approximately $3,895,000.

Asset Management Implications

The asset management implications for stage one are:

	Capital	Annual	Comments
Capital	$7,247,250
Economic Cost		$289,890	4% pa
Depreciation (ongoing costs)		$144,945	Over 50 years
Maintenance (ongoing cost)		$36,236	0.5% of capital
Operation Expenditure (ongoing cost)		$36,236	0.5% of capital
		$507,308	Per year

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Ensure essential services and infrastructure are aligned to community needs now and in the future

Services and infrastructure which meets the needs of the broadest community and responds to changing priorities

Corporate Business Plan 2016/2017 – 2019/2020

3.1.12 Manage Indoor Sports Stadium upgrade

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council allocate an additional $277,000 from its Building Maintenance Reserve to the Esperance Indoor Sports Stadium Redevelopment stage one, for a total Shire and Stakeholder commitment of $2,463,976.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 February 2017 Page 106

Item: 12.2.3

Esperance Town Centre Parking, Traffic and Pedestrian Strategy

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D17/3118

Applicant

Internal

Location/Address

Esperance Town Centre

Executive Summary

A brief summary (objective) of the item

Recommendation in Brief

That Council

Background

During the Esperance Town Center Revitaliasation Master Plan 2015 -2035 (Master Plan) development it was evident that parking was considered an important issue in the Esperance town center. Consequently, the Shire decided that a parking strategy was required for the Esperance town center so more detail around this issue could be explored. In developing a parking strategy it was clear that parking could not be considered in isolation to traffic and pedestrian movements as they are interlinked.

Officer’s Comment

Esperance Town Centre Parking, Traffic, and Pedestrian Strategy (Strategy) was developed by Opus International Consultants (Australia) Pty Ltd. The key parts of developing the strategy were:

· Review the Master Plan and other literature relevant to the Esperance town centre.

· Audit, collate and analyse all existing parking schemes and traffic and pedestrian routes.

· Prepare a visual presentation summarising the findings

· Conduct community engagement.

· Create the Esperance Town Centre Parking, Traffic, and Pedestrian Strategy

The Strategy’s Executive Summary provides an overview of what the plan hopes to achieve :

The Esperance Town Centre Parking, Traffic and Pedestrian Strategy provides the framework to create a well-connected and accessible town centre that attracts economic investment, social activity and cultural diversity. Through establishing the needs of the community and the constraints of competing land uses, opportunities have been identified which provide progressive change to enhance the safety and efficiency of movement within and around the town centre. Through this enhancement of movement and connectivity, Esperance will establish its position as the dominant, central hub of the South East Region of Western Australia.

Some of the key findings from the Strategy were:

· Despite the perception that there is not enough parking in Esperance, survey results indicate that there is an adequate number of parking spaces within the town centre.

· There was limited information to inform tourists about specific parking spaces for long vehicles, key destinations and no provision of way finding signage for visitors and tourists.

· Traffic volumes indicate the streets are operating at an acceptable level of service with spare capacity.

· Survey results indicated a significant amount of pedestrian activity and crossing movements at the Andrew Street and Dempster Street roundabout. Safety concerns were raised regarding the priority for vehicles over pedestrians at this location.

The strategy also provides a list of actions to be implemented to help improve the town centre. These actions have been prioritised and estimated in the additional Strategy Implementation Plan and will be included as budget items for future years.

If Council would like to seek further comments from the community a proposed alternative recommendation is:

That Council

1. Receive the Esperance Town Centre Parking, Traffic & Pedestrian Strategy and Esperance Town Centre Parking, Traffic & Pedestrian Strategy Implementation Plan.

2. Advertise the Esperance Town Centre Parking, Traffic & Pedestrian Strategy and Esperance Town Centre Parking, Traffic & Pedestrian Strategy Implementation Plan to invite public submissions for 14 days, and;

3. Request the CEO present the submissions as part of a report, at the April Ordinary Council Meeting, for Council consideration before endorsing the Esperance Town Centre Parking, Traffic & Pedestrian Strategy and Esperance Town Centre Parking, Traffic & Pedestrian Strategy Implementation Plan.

Consultation

Public Meeting

Business Meeting

ECCI

Public Survey

Social Pinpoint

Internal Departments

Financial Implications

The financial implications arising from the Esperance Town Centre Parking, Traffic & Pedestrian Strategy will be included as part of future budgets and works programs.

Asset Management Implications

Nil

Statutory Implications

N/A

Policy Implications

The Strategy will help guide policy development into the future.

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

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

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

Corporate Business Plan 2013/2014 – 2016/2017

1.2.1 Develop and implement Parking, Traffic and Pedestrian Strategy (Town Centre Revitalisation Master Plan)

Environmental Considerations

Nil

Attachments

a ⇩.	Esperance Town Centre Parking Traffic and Pedestrian Strategy
b ⇩.	Esperance Town Centre Parking, Traffic & Pedestrian Strategy - Implementation Plan
c ⇨.	Esperance Town Centre Parking, Traffic & Pedestrian Strategy - Appendices - Under Separate Cover

Officer’s Recommendation

That Council

1. Adopt the Esperance Town Centre Parking, Traffic & Pedestrian Strategy

2. Endorse Esperance Town Centre Parking, Traffic & Pedestrian Strategy Implementation Plan

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 149

12.3 Corporate Resources

Item: 12.3.1

Licence - Esperance Mountain Bike Association

Author/s	Jennifer Parry	Manager Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D17/2362

Applicant

Esperance Mountain Bike Association Inc.

Location/Address

Portion of Reserve 35037 being Lots 1980 and 2033.

Executive Summary

For Council to consider renewing the licence for the Esperance Mountain Bike Association Inc.

Recommendation in Brief

That Council subject to the approval of the Minister of Lands, agrees to licence to the Esperance Mountain Bike Association Incorporated on Portion of Reserve 35037 being Lots 1980 & 2033 for the term of 21 years, subject to certain conditions.

Background

The Esperance Mountain Bike Association Inc. has a current licence over Lots 1980 and 2033 which is due to expire on the 30 April 2017.

During the period of their licence, the Association has established 15km of track suitable for all levels of mountain bike users, which complies with the conditions of the licence. The Association maintains the track by way of regular busy bees and the track is open to the public when club events are not taking place.

Officer’s Comment

The section of the Reserve the Club occupies is zoned Parks and Recreation. The club’s activity (mountain bike riding) is compatible with the other activities on the Reserve, which include the:

· Esperance Model Aero Club

· Esperance Speedway Association

· Esperance Kart Klub

· Esperance Pony Club

· Esperance Motor Cycle Club

The Mountain Bike Association is seeking a License to use the land. This differs from a lease in that it:

· Does not provide for exclusive use of the land

· Does not enable the Club to build facilities

· Enables the Shire to give permission to other groups to use the reserve in consultation with existing users. The Esperance Model Aero Club already has permission to use a section of this reserve.

It is recommended a license be drawn up allow the Esperance Mountain Bike Association to use the land for 21 years. It is also recommended several conditions be attached to this license including:

· That the EMBA conduct an annual risk assessment and management plan for the track congruent with the International Mountain Bike Association (IMBA) standards;

· That the ongoing maintenance of the track to IMBA standards be the responsibility of the Esperance Mountain Bike Association;

· That the EMBA maintain associated liability insurance and;

· That the EMBA seek approval from the licensor to extend or modify the current track or undertake any further clearing of vegetation on the reserve.

Consultation

Manager Parks and Reserves

Financial Implications

That an annual Licence Fee of $100.00 ex GST be applied to the Licence.

Asset Management Implications

There are minimal asset management implications for the Esperance Mountain Bike Association, subject to the licence being drawn up in a manner that clearly identifies the licence as ‘land only’, with the Shire having no responsibility for any infrastructure.

Statutory Implications

Local Government (Functions and General) Regulation 1996 – Section 30 Disposing of property excluded from Local Government Act Section 3.58

Local Government Act 1995 – Section 9.49A Execution of documents

Policy Implications

Council Policy COR 004: Building and Property Leases.

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Manage Shire leases and insurances

Environmental Considerations

The mountain bike track has been developed on existing tracks throughout the Reserve and is considered to have a low environmental footprint.

Any future development of the track would require approval from the Shire and environmental impact addressed at that time.

Attachments

a ⇩.

Esperance Mountain Bike Association Request for Renewal

Officer’s Recommendation

That Council subject to the approval of the Minister of Lands, agrees to licence to the Esperance Mountain Bike Association Incorporated on portion of Reserve 35037 being Lots 1980 & 2033, subject to the following:

1. The term of the licence to be 21 years;

2. The licence rental to be $100.00 ex GST per year;

3. The Licensee maintain current Public Liability Insurance to a minimum of $10,000,000;

4. Seek approval from the Shire to extend or modify the current track or undertake any further clearing of vegetation on the Reserve;

5. The Esperance Mountain Bike Association conduct an annual risk assessment and management plan for the track congruent with the International Mountain Bike Association (IMBA) standards; and

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 153

Item: 12.3.2

Request to Lease - Old Police Sergeant's Quarters Museum Village

Author/s	Jennifer Parry	Manager Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D17/2564

Applicant

Anita Jones

Location/Address

Portion Lot 58 (54) - Portion Lot 59 (56) - Dempster Street, Esperance

Executive Summary

For Council to consider leasing the Old Police Sergeant’s Quarters at Museum Village to Anita Jones for 1 year with 4 options of 1 year each.

Recommendation in Brief

That Council agrees to lease to Anita Jones the property known as the Old Police Sergeant’s Quarters at Museum Village being located on portion of Lot 58 (54) and portion of Lot 59 (56) - Dempster Street Esperance, subject to certain conditions.

Background

The Old Police Sergeant’s Quarters had remained unoccupied from December 2015 until December 2016 when the Applicant was granted approval to operate a pop-up shop. Throughout the tenancy Ms Jones was delighted with positive feedback received from tourists, Esperance community and Museum Village tenants alike, remarking that the shop meets a niche market and has great items for sale.

Officer’s Comment

Ms Jones tenancy was popular and her tenancy, albeit short, was very good, taking good care of the premises.

In her submission Ms Jones makes mention of her interest in possibly sub-letting an area in the shop. This has been done previously by former lessees, and coincidentally in this same building.

Any lease permitting sub-letting can be worded so that any possible sub-let only be permitted with the approval of Council.

Consultation

Asset Management

Parks & Reserves

Environmental Health

Financial Implications

In August 2015 Council increased the rent/m²on the Museum Village properties to ensure consistency with other commercial rents offered in the CBD. The current rent for this property is $14,464 (ex GST) per annum which is calculated 113m²at$128/m² (ex GST) per annum. With the slight reduction in lettable area (should Council decide to revert the enclosed section of the front verandah to open verandah as constructed) the proposed rent would be $13,696 (ex GST) per annum.

A recent rent comparison with local CBD commercial properties resulted in the current per m²rates for properties that have recently leased in town are between $150 - $180/m²per annum; although anecdotally local CBD rents are said to be much lower in the current market.

This lease if approved will include a lease preparation fee of $500.00 (Ex GST) as per Shire Schedule of Fees and Charges.

Asset Management Implications

The interior of this premises is in very good condition except for the front verandah which does require maintenance. The maintenance required is considered urgent as the safety of users may be at stake if the work is not completed soon.

It is acknowledged that there is a separate report to Council in this meeting addressing the recommended maintenance.

Statutory Implications

Local Government Act 1995 – Section 3.58 Disposing of property

Local Government (Functions and General) Regulation 1996 – Section 30 Disposing of property excluded from Local Government Act Section 3.58

Local Government Act 1995 – Section 9.49A Execution of documents

Commercial Tenancy (Retail Shops) Agreement Act 1985

Building Act 2011

Policy Implications

COR 003: Museum Park Buildings Leasing Arrangements

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Manage Shire leases and insurances

Environmental Considerations

Nil

Attachments

a ⇩.

Submission - Request to Lease - Anita Jones

Officer’s Recommendation

That Council agrees to lease the property known as the Old Police Sergeant’s Quarters, Museum Village Park to Anita Jones subject to;

1. Approval by the Minister of Lands;

2. The term of the lease to be 1 year with 4 options of 1 year each;

3. The lease rental to be calculated at $128.00/m²ex GST per annum with an annual CPI rent review;

4. A lease preparation fee of $500.00 ex GST be applied;

5. The lease area to be a portion of Lot 59 Dempster Street on Reserve 2815 & portion of Lot 58 Dempster Street, described and defined as ‘Old Police Sergeant’s Quarters’ in the lease and displayed clearly in an attachment to the lease document;

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

7. The proposed lease to be advertised in accordance with the Local Government Act 1995 s.3.58 Disposing of property; and

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 157

Item: 12.3.3

Amendment to Lease - Old School Master's Residence - Museum Village

Author/s	Jennifer Parry	Manager Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D17/3660

Applicant

Internal

Location/Address

Portion of Lot 59 on Diag 5742, 56 Dempster Street Esperance – Museum Village Park

Executive Summary

For Council to consider amending the lettable area in a previously approved lease for the Old School Master’s Residence in Museum Village.

Recommendation in Brief

That Council agrees to amend the lettable area of the Old School Master’s Residence in Museum Village.

Background

In January 2017 Council resolved to lease the Old School Master’s Residence in Museum Village to Brian Gallop to be utilised as a café for an annual rent of $18,619 (ex GST). This rent was determined by 145.46m²x $128/m².The details of the premises (lettable area) stated in the report were obtained from the previous lease. Upon closer inspection of the plans and documentation to create the new lease, the Manager Corporate Support questioned the dimensions on the plan and decided to re-measure the building. As a result it was found that the lettable area was 89.6m²and not 145.46m².

Officer’s Comment

The previous lease that used 145.46m²to calculate the rent cannot be regarded as being incorrect at the time, as the verandah was fully enclosed with security blinds and lockable. The previous lessee chose to remove the blinds and fittings rendering the verandah an open space again.

Under the Commercial Tenancy (Retail Shops) Agreement Regulations 1985, {r.3AA Area of shop defined (Act s.3(1) lettable area)} the now open verandah area cannot be considered as part of the lettable area.

Consultation

Department of Commerce

Financial Implications

In the report to Council in January 2017, it was stated that the rent be calculated as 145.46m²at $128/m²(ex GST) per annum being $18,619 (ex GST) per annum. The new rent calculation using 89.6m²at $128/m²is calculated to be $11,469 (ex GST) per annum; a reduction of $7,150 (ex GST) per annum.

Asset Management Implications

The maintenance work on the premises is almost complete and the costs are anticipated to be less that quoted in the January report to Council.

Statutory Implications

Commercial Tenancy (Retail Shops) Agreement Act 1985

Commercial Tenancy (Retail Shops) Regulations 1985

Policy Implications

COR 003: Museum Park Buildings Leasing Arrangements

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Manage Shire leases and insurances

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council agrees to amend the lettable area of the Old School Master’s Quarters Museum Village from 145.46m²to 89.6m²resulting in a reduction of rent on the lease to Brian Gallop from $18,619 (ex GST) to $11,469 (ex GST).

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 211

Item: 12.4.2

Local Government Elections 2017

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

File Ref: D17/3798

Applicant

Shire of Esperance

Location/Address

Windich Street, Esperance

Executive Summary

For Council to determine how the Local Government Elections 2017 will be conducted.

Recommendation in Brief

That Council appoint the Western Australian Electoral Commission (WAEC) to hold a Postal Election for the Shire of Esperance on 21 October 2017.

Background

As per the Local Government Act 1995 (the Act), all local Governments in Western Australia, on 21 October 2017 (Election Day), will hold an election to elect members to their respective Councils. At the Shire of Esperance, there are will be a minimum of four (4) vacancies, due to terms expiring, to be filled, being:

1. Cr Griffiths (Town Ward);

2. Cr Hall (Town Ward);

3. Cr Stewart (Town Ward); and

4. Cr Parker (Rural Ward)

Part 4 of the Act sets out the methods for Local Government Elections and offers Council options in the manner the Election will be conducted and who will conduct the Election (Returning Officer). However these decisions must be made at minimum 80 days prior to Election Day.

Under Section 4.20 of the Act, the Chief Executive Officer of the Local Government is, by default, the Returning Officer. The Local Government can appoint another person, subject to the approval of the Western Australian Electoral Commissioner (S4.20(2)) or should Council declare the WAEC responsible for the Election, an independent Returning Officer will be appointed. The Returning Officer’s role is to effectively manage the entire election process, and ensure compliance with the Local Government Electoral process and procedures.

Council must also decide the method of Election used. Under Section 4.61 of The Act, there are two methods of conducting the election, In-person (default) or Postal. If Postal Election is the chosen method, the WAEC must be made responsible for conduct of the election (4.61(4)). At the 2015 Local Government Election, a postal election was held resulting in a 39.65% turnout, a 7.02% increase on 2013. The last In-person election was held in 2005 and resulted in a 13.5% turnout of eligible voters.

On 24 November 2016, the WAEC wrote to the Shire of Esperance and provided a quote of $44,000 (GST Inc) to run a postal election in October 2017 (Attached).

Officer’s Comment

The bi-annual (every two years) Local Government Election process is the most direct method residents and ratepayers have in determining the future and direction of their respective Local Governments, by electing their representatives to Council.

Council must consider which method to use for the October 2017 Election. In determining which method to adopt, Council should consider the following points regarding each alternative:

In-Person Election & CEO Returning Officer:

· Lower direct costs, however indirect costs (staff) are difficult to estimate or capture;

· Consistent with Federal and State Government Election process;

· Greater “Local Feel” to election process;

· Generally a lower Voter turnout (13.5% turnout in 2005);

· Potential conflict of interest between Shire Administration and Candidates (potential to politicise the Administration)

Postal Election & Independent Returning Officer:

· Generally a greater Voter turnout (32.63% turnout in 2013 & 39.65% in 2015);

· High direct costs (very few indirect costs);

· Separation of the Shire Administration and Election process, especially if there are conflicts with Candidates;

· WAEC specialises in managing Elections, resulting fewer expected compliance issues;

· Possible perception of election being impersonal and lack of focus on actual election day;

· Inconsistent with Federal and State Government election process (i.e. In-Person voting).

Given the potential for higher Elector turnouts and ability to more accurately estimate the cost of election it is recommended that the October 2017 Election be a Postal Election managed by the Electoral Commissioner. It should also be noted that the annual Esperance & District Agricultural Show is scheduled for 20 & 21 October 2017, which could affect the turnout rate of an in-person vote.

Even though the WAEC (and their appointed Returning Officer) will manage the election, it does not prevent the Shire assisting in the electoral process, especially in the early stages. The Administration will work with the Returning Officer on matters such as electoral advertising and holding the following forums with the community to help promote the Local Government Elections:

· “Want to Nominate for Council” Workshop (Public);

· Ballot Allocation (Public, Candidates, Councillors)

· “Candidates Information” Session (Candidates & Councillors)

· Meet the Candidates (Public & Candidates)

· Election Day & Count

Consultation

Western Australian Electoral Commission (WAEC)

Financial Implications

There are different financial implications for the two possible methods, as below:

Postal Vote

The quoted cost submitted by the WAEC to conduct a post vote is $44,000 (inc GST) with the possibly another $5,000 for incidentals, totalling $49,000 (inc GST) in the 2017/18 Annual Budget.

In-person Vote

Should Council decide to run an in-person election, then potentially a lower budget of $20,000 - $25,000 (no mailing costs etc) will need to be provided, however as previously stated it will be difficult to capture all indirect costs (staffing) associated with running an Election.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Part 4 – Elections and Other Polls

Local Government (Election) Regulations 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.1 Ensure Councillors are representative of the community and provide strong and visionary leadership

Corporate Business Plan

Action 4.1.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Letter - Local Government Ordinary Elections 2017 - 24 November 2016

Officer’s Recommendation

That Council:

1. Declare in accordance with Section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2017 ordinary election together with any other elections or polls which may be required; and

2. Decide, in accordance with Section 4.61(2) of the Local Government Act 1995 that the method of conducting the 2015 Local Government Election will be as a postal election.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 305

Item: 13.3

Committee Recommendation - Ralph Bower Adventureland Park Working Group - Terms of Reference

Author/s	Sarah Fitzgerald	Administation Officer
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D17/3363

Applicant

Ralph Bower Adventureland Park Working Group

Location/Address

Ralph Bower Adventureland Park

Executive Summary

To consider the changes to the Terms of Reference for the Ralph Bower Adventureland Park Working Group.

Recommendation in Brief

That Council approves the amendments to the Terms of Reference for the Ralph Bower Adventureland Park Working Group.

Background

Previously the Ralph Bower Adventureland Park Working Group was the responsibility of the External Services directorate, however due to a recent internal restructure the Working Group now falls under the responsibility of the Asset Management directorate which requires changes to the Working Groups Terms of Reference. The proposed changes are listed below:

1. Executive Officer (non-voting) – Change to Director Asset Management or nominee

2. Responsible Officer – Change to Director Asset Management

Officer’s Comment

The proposed changes to Terms of Reference (ToR) for the Ralph Bower Adventureland Park Working Group have been recommended to align with internal changes to the Shire’s organizational structure, ensuring the ToR reflect the current needs of the Working Group and Shire.

Consultation

Adventureland Park Management Committee

Ralph Bower Adventureland Management Working Group

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Attachments

a ⇩.

Proposed - Terms of Reference - Ralph Bower Adventureland Park Working Group

Committee Recommendation

That Council approves the amendments to the Terms of Reference for the Ralph Bower Adventureland Park Working Group.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 February 2017 Page 309

Item: 13.4

Committee Recommendation - Ralph Bower Adventureland Park Working Group - Management Plan 2016-2021

Author/s	Sarah Fitzgerald	Administation Officer
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D17/3289

Applicant

Internal

Location/Address

Ralph Bower Adventureland Park

Executive Summary

An updated version of the Management Plan for Ralph Bower Adventureland Park 2016-2021 has been received from the Adventureland Park Management Committee. The Ralph Bower Adventureland Park Working Group has reviewed the document and would like Council to endorse the Management Plan.

Recommendation in Brief

That Council endorse the Management Plan for Ralph Bower Adventureland Park 2016-2021.

Background

The Adventureland Park Management Committee (Management Committee) has revised the Management Plan for Ralph Bower Adventureland Park 2012-2017 and submitted the revised edition, the Management Plan for Ralph Bower Adventureland Park 2016-2021 (Management Plan) for the Ralph Bower Adventureland Park Working Group (Working Group) to review.

The revised Management Plan provides details on the current state of the park and identifies a number of key projects for the future development of the park over the next five years. The Management Plan was reviewed and accepted at the Working Group held on 25 January 2017, where the Working Group made a recommendation that Council endorse the Management Plan, with the removal of Project five (5) and six (6), Skate Park, which acknowledged that the new Skate Park was near completion and the old one would be decommissioned and removed as a result.

Additionally at the meeting held 25 January 2017 a letter was tabled from the Management Committee requesting Council to postpone demolition of the “old” Esperance Skate Park to consider retaining and repairing the infrastructure. As a direct result of this letter Council met with the representatives from the Management Committee and Working Group and at a Special Council Meeting held on 6 February 2017, Council resolved the following:

“That Council

1. Continues with the scheduled demolition of the old Esperance Skate Park; and

2. Instruct the CEO or delegate to liaise with the Ralph Bower Adventureland Park Working Group to develop a plan for the use of the old Esperance Skate Park land that provides a suitable area for young children where they can develop their riding and/or skating skills.”

Demolition of the “old” Skate Park begun on 6 February 2017 and was completed by 9 February 2017.

Officer’s Comment

The revised Management Plan is very well written and provides excellent detail on current assets within the park and proposed future projects to further develop the park. The Management Plan clearly identifies the lease area and outlines the roles and responsibilities of all the parties involved in managing the park.

The Plan breaks the park into specific zones and identifies 18 future projects. The proposed projects are not currently prioritised or fully costed within the plan, this section will require further discussion with the Management Committee to set priorities and develop detailed costing for Shire budget consideration and potential external grant funding opportunities.

The plan also provides details of two surveys undertaken by the Management Committee in 2012 and again in 2016, the surveys data provides an insight into why people visit Adventureland Park and what activities they would like to see developed in the future. The Management Plan appears to be consistent with the findings of the survey data.

At the Working Group meeting held 25 January 2017, the Working Group recommended:

“That Council endorse the Management Plan for the Ralph Bower Adventureland Park 2016-2021 with the removal of project five (5) and six(6), Skate Park.”

The Officer has recommended that the Management Plan is endorsed as is, considering the “old” Skate Park has been demolished as per the Plan.

Consultation

Adventureland Park Management Committee

Ralph Bower Adventureland Management Working Group

Financial Implications

Financial implications to be determined with future budget.

Asset Management Implications

Asset Management implications arising from the document to be considered during implementation.

Statutory Implications

Nil

Policy Implications

The objective of this report is to align the Ralph Bower Adventureland Park Management Plan with the Shire of Esperance Public Open Space Strategy.

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

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

A variety of accessible sport and recreation opportunities and activities

Corporate Business Plan 2013/2014 – 2016/2017

Coordinate implementation schedule of Public Open Space Strategy.

Environmental Considerations

Ensure the sustainable use of ground water resources for use within our public open space is implemented

Attachments

a ⇩.

Management Plan for Ralph Bower Adventureland Park - 2016-2021

Committee Recommendation

That Council endorse the Management Plan for the Ralph Bower Adventureland Park 2016-2021 with the removal of project five (5) and six(6), Skate Park.

Officer’s Recommendation

That Council endorse the Management Plan for the Ralph Bower Adventureland Park 2016-2021.

Voting Requirement Simple Majority

Policy Name:	BUILDING HEIGHT VARIATION POLICY
Objective:	To provide guidance in assessing applications for single houses and grouped dwellings at a Category C Building Height
Key Words:	R-Codes; Building Height
Statutory Compliance:	Local Planning Scheme

a ⇩.	Information Bulletin - January 2017
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇩.	Letter - Lord Mayor's Distress Relief Fund - Outcome
d ⇩.	Letter - Congratulations - Community Sporting and Recreation Facilities Fund
e ⇩.	Minutes - GVROC Council Meeting - 3 February 2017
f ⇨.	Interplan Report - January 2017 - Under Separate Cover

a ⇩.	Minutes - Lake Monjingup Community Development Group - 7 December 2016
b ⇩.	Minutes - Jetty Replacement Working Group - 23 January 2017
c ⇩.	Minutes - Ralph Bower Adventureland Park Working Group - 25 January 2017
d ⇩.	Minutes - Esperance Roadwise Committee - 6 February 2017

Disclosure of Financial, Proximity or Impartiality Interests

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

Declaration of Interest (Notes for Your Guidance)

Author/s	Naomi Christensen	Media and Communications Officer
Authorisor/s	Terry Sargent	Director External Services

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

Author/s	Priscilla Davies	Manager Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer