Ordinary Council: Agenda

28 November 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 November 2017 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 28 November 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 S McMullen Town Ward

Cr S Payne Town Ward

Cr L McIntyre Town Ward

Cr R Padgurskis Town Ward

Cr D Piercey, 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

Mrs H Hall Executive Assistant

Miss A McArthur Trainee 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

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 24 October 2017, the Special Council Meeting of the 27 October 2017, and the Special Council Meeting of the 7 November 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

Proposed Road Closure - Portion of Exchange Road, Howick

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

File Ref: D17/25919

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Portion of Exchange Road, Howick

Executive Summary

For Council to consider closing a portion of Exchange Road, Howick.

Recommendation in Brief

That Council:

1. Request the Minister for Transport; Planning; Lands to close a portion of the road reserve known as Exchange Road under Section 58 (1) of the Land Administration Act 1997.

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

3. Request that the closed road be converted into a reserve managed by the Shire of Esperance with power to lease for the purpose of emergency services.

Background

A site has been sought to locate a Fire Shed for the Howick Bush Fire Brigade. Previous attempts have not been successful and it is now proposed to close a portion of Exchange Road to create a suitable parcel of land for the development of a Fire Shed.

Officer’s Comment

The proposal is to close a portion of Exchange Road (Attachment A) and have it vested with the Shire of Esperance for the purpose of ‘Emergency Services’ to enable the development of a rural fire shed on the proposed reserve.

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which required a minimum 35 day public comment/referral period to all affected landowners and government agencies.

Advertising was undertaken between 13 September 2017 and the 20 October 2017. A notice was also placed in the Esperance Express on 15 September 2017

The following submissions were received:

Submitter	Comment
Water Corporation	The proposed changes to the Road Reserve will not impact on the Water Corporation’s assets or operations.
Department of Mines, Industry Regulation and Safety	The proposal raises no significant issues with respect to mineral and petroleum resources, geothermal energy, and basic raw materials.
Department of Fire and Emergency Services	No objection
Department of Health	No objection
Telstra	No objection
Department of Water and Environmental Regulation – Water	The department has stream gauging sites located within the vicinity (to the east of Exchange Road) however these sites can be accessed via alternative routes and the road closure at the Fisheries Road junction will therefore not affect access.
Main Roads Western Australia	Main Roads raises no objection to the request provided that the structure is offset to a safe distance of at least 8 metres south of Fisheries road and at least 8 metres west of Exchange road. This is measured from edge of fog line/Seal and will ensure that sight distances are maintained on the intersection.

At the closure of the advertising no public submissions had been received and 7 agency submissions (Attachment B) had been received. There were no objections to the proposed road closure.

In relation to the comments provided by Main Roads Western Australia the proposal complies with the specified standard.

Financial Implications

Once the proposal has been formally adopted by Council, all costs associated with the road closure process in regard to surveying, title adjustments and new titles are to be met by the Shire of Esperance. Furthermore, at this stage the Shire of Esperance will need to indemnify the Minister of all costs and charges in association with the closure.

Asset Management Implications

The portion of Exchange Road, Howick that will be closed will be incorporated into a new Reserve for Emergency Services.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Asset Management Policy ASS 006: Permanent Road Closures

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

Active and growing volunteers and community groups that facilitate and support activities, bringing the community together

encourage and support volunteers and community groups

Environmental Considerations

N/A

Attachments

a ⇩.	Site Plan for Proposed Road Closure
b ⇩.	Submissions relating to Proposed Road Closure

Officer’s Recommendation

That Council

1. Request the Minister for Transport; Planning; Lands to close a portion of the road reserve known as Exchange Road under Section 58 (1) of the Land Administration Act 1997.

3. Request that the closed road be converted into a reserve managed by the Shire of Esperance with power to lease for the purpose of emergency services.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 27

Item: 12.1.2

Proposed Road Closure - Portion of Exchange Road and Unnamed Road, Howick

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

File Ref: D17/26552

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Portion of Exchange Road and Unnamed Road, Howick

Executive Summary

For Council to consider closing a portion of Exchange Road and Unnamed Road, Howick.

Recommendation in Brief

That Council:

1. Request the Minister for Transport; Planning; Lands to close a portion of the road reserve known as Exchange Road under Section 58 (1) of the Land Administration Act 1997.

3. Request that the closed road be converted into a reserve managed by the Shire of Esperance with the purpose of conservation.

Background

The Department of Water and Environmental Regulation require vegetation to be offset before permission will be given to clear land, in this instance the offset proposal is for CPS 7185/1 Howick Road.

After initial advice from the Department of Biodiversity, Conservation and Attractions – Parks and Wildlife Service that they would be happy to take management of the proposed reserve the road closure process was commenced.

Officer’s Comment

The proposal was to close a portion of Exchange Road and Unnamed Road (Attachment A) and have it vested with the Department of Biodiversity, Conservation and Attractions – Parks and Wildlife Service (DBCA) for the purpose of ‘Conservation’.

As outlined under consultation, DBCA have identified that whilst in the long term the inclusion of the land in their estate may be considered at this stage it does not offer strategic value for inclusion in the existing reserve system.

Given the offset is required to facilitate CPS 7185/1 Howick Road the road closure process and creation of a conservation reserve is still required. In the absence of being able to currently vest the land with DBCA it will need to be vested with the Shire of Esperance with a view to transfer it when the opportunity arises in the future.

This will satisfy the Department of Water and Environmental Regulation requirement to obtain a vegetation offset for other roadworks.

Consultation

Advertising was undertaken between 13 September 2017 and the 20 October 2017. A notice was also placed in the Esperance Express on 15 September 2017

The following submissions were received:

Submitter	Comment
Water Corporation	No Comment
Department of Mines, Industry Regulation and Safety	No significant issues in with respect to mineral and petroleum resources, geothermal energy, and basic raw materials.
Department of Fire and Emergency Services	No Objection
Department of Health	No Objection
Telstra	No Objection
Department of Water and Environmental Regulation – Water	No Comment
Department of Biodiversity, Conservation and Attractions – Parks and Wildlife Service	The portion of Exchange Road and Unnamed Road does not offer strategic value for inclusion in the existing reserve system. The road reserves would be a viable inclusion when the vacant Crown land to the south is considered for nature reserve status.

At the closure of the advertising no public submissions had been received and 7 agency submissions (Attachment B) had been received. There were no objections to the proposed road closure although specific comments from the Department of Biodiversity, Conservation and Attractions – Parks and Wildlife Service have been made.

Financial Implications

Asset Management Implications

The portion of Exchange Road, Howick that will be closed will be incorporated into a new Reserve for Emergency Services.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Asset Management Policy ASS 006: Permanent Road Closures

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that works together as custodians of a pristine environment

Maintain and improve condition of natural assets and reserves sustainably, taking into consideration recreational, environmental, cultural and economic values

Environmental Considerations

N/A

Attachments

a ⇩.	Proposed Road Closure Map
b ⇩.	Submissions on Proposed Road Closure

Officer’s Recommendation

That Council

1. Request the Minister for Transport; Planning; Lands to close a portion of the road reserve known as Exchange Road under Section 58 (1) of the Land Administration Act 1997.

3. Request that the closed road be converted into a reserve managed by the Shire of Esperance for the purpose of conservation.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 43

Item: 12.1.3

Development Application - Single Dwelling, Retaining Walls, Swimming Pool and associated Earthworks - Lot 851 (22) Castletown Quays, Castletown

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Strategic Planning & Land Projects

File Ref: D17/27117

Applicant

Concept Building Design on behalf of H H & V A Vermeersch

Location/Address

Lot 851 (22) Castletown Quays, Castletown.

Executive Summary

For Council to consider an application for a Single Dwelling, Retaining Walls, Swimming Pool and associated Earthworks at Lot 851 (22) Castletown Quays, Castletown.

Recommendation in Brief

That Council approved Development Application 10.2017.3628.1 for a Single Dwelling, Retaining Walls, Swimming Pool and associated Earthworks at Lot 851 (22) Castletown Quays, Castletown, subject to conditions.

Background

An application was submitted to Planning Services on 11 October 2017 seeking Planning Approval for a Single Dwelling, Retaining Walls, Swimming Pool and associated Earthworks at Lot 851 (22) Castletown Quays, Castletown. Advertising was subsequently undertaken to adjoining landowners with no objections being received.

Officer’s Comment

As no objections were received to the development, the Single Dwelling, Retaining Walls, Swimming Pool and associated Earthworks can technically be approved under delegated authority despite variations to side boundary setbacks, wall heights, and ground levels under the Residential Design Codes however the proposed variation to the 7.5 metre setback dictated under Clause 26. (4) of Local Planning Scheme No. 24 for properties fronting Castletown Quays and Twilight Beach Road triggers a requirement for Council Approval and as such the entire application has to go before Council.

Specifically the applicant proposes a 6.571 metre setback from the Castletown Quays boundary to the supporting posts of the balcony/deck. The setback from the edge of the balcony/deck to Castletown Quays is proposed at 5.835 metres.

Consultation

The application was referred to the adjoining landowners, and the landowner facing Castletown Quays on the opposite side of Straker Street, for comment between 18 October 2017 and 1 November 2017. No comments or objections were received upon the end of the referral period.

Financial Implications

Application fees totalling $4270.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

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

Environmental Considerations

Nil

Attachments

a ⇩.	Justification
b ⇩.	Plans

Officer’s Recommendation

That Council

1. Approve Development Application 10.2017.3628.1 for a Single Dwelling, Retaining Walls, Swimming Pool and associated Earthworks at Lot 851 (22) Castletown Quays, Castletown, 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. 24 (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. 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.

5. A minimum of two (2) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

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

7. 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).

8. 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.

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

10. All street trees located in verge areas adjoining the site shall be retained and protected during the construction process to the specification and satisfaction of the Shire of Esperance (Asset Management Division).

11. 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.

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

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

14. All street trees located in verge areas adjoining the site shall be retained and protected during the construction process to the specification and satisfaction of the Shire of Esperance (Asset Management Division).

15. 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.

16. 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).

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

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

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

The Section 70A Notification is to be registered on the Certificate of Title Prior to the application for a Building Permit, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense.

AND the following advice notes:

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

2. The development is to comply with the Building Code of Australia, Building 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. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 69

Item: 12.1.4

Development Application - Oversized Outbuilding (Shed) - Lot 59 (8) Magistrate Drive, Castletown

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Strategic Planning & Land Projects

File Ref: D17/27575

Applicant

H A & T A King & P & S G Sullivan

Location/Address

Lot 59 (8) Magistrate Drive, Castletown

Executive Summary

For Council to consider a Retrospective Development Application for an Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown.

Recommendation in Brief

That Council refuse Retrospective Development Application 10.2017.3653.1 for an Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown.

Background

The first application for an Oversized Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown was Development Application 10.2014.2580.1 for a Dwelling and Outbuilding which was received by Planning Services on 13 May 2014. An objection to the proposed development was received on 30 May 2014. Amended plans provided by the applicant on 4 June 2014 were accepted by the objecting adjoining landowner, and the Development Application was approved by Planning Services on 11 June 2014 under delegated authority.

On 3 June 2015, Planning Services was notified by the objector that they did not believe that the Outbuilding had been constructed in accordance with the approved plans. Subsequently investigation by the Shire’s Compliance Officer noted several variations from the approved plans.

Development Application 10.2015.2936.1 for retrospective planning approval of the Oversized Outbuilding was received by Planning Services on 9 June 2015. An objection to the development was received on 30 June 2015 with the application being referred to the Ordinary Council Meeting held on 28 July 2015 whereby it was laid on the table to allow for additional negotiation between parties. Amended plans were provided by the applicant on 29 July 2015 which proposed several alterations to the Oversized Outbuilding and the application was referred to the Ordinary Council Meeting on 25 August 2017 whereby a lack of a quorum prevented a determination from being reached. The application was referred to a Special Council Meeting held on 4 September 2015 whereby it was refused by Council (S0915-003). The alterations were never carried out, and the Oversized Outbuilding remains unchanged from the inspection carried out on 3 June 2015.

On 7 November 2017, Development Application 10.2017.3653.1 was received by Planning Services. This application seeks approval for the Oversized Outbuilding as currently constructed. Non objections from affected landowners were provided by the Applicant as part of the application, avoiding any need to advertise the proposal.

In accordance with the provisions of Council’s Local Planning Policy: Outbuildings, the proposed outbuilding requires referral to Council for determination, with the policy stating:

Outbuildings in Residential and Future Residential Zones

*Objective*	The objective of these development requirements is to achieve a balance between: • Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and • Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.
*Permitted Uses of Outbuildings*	• Must be for legitimate residential purposes. • Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business. • Use of outbuildings for human habitation is not permitted. • An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.
*Setbacks*	As per provisions of Local Planning Scheme No. 23 and the Residential Design Codes;
*Size*	• Maximum area of outbuilding(s) per lot: o 10% of site area where lot 1000m2 or less; o 100m2 where lot is greater than 1000m2. • Maximum wall height – 3.6 metres • Maximum ridge height – 4.2 metres
*Maximum Variation*	• 25% for Site Area • 10% for Wall or Ridge Height
*Consultation*	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

Applications for outbuildings that do not comply with the above development requirements will be assessed on a case by case basis and may be permitted subject to the following matters being taken into account in the assessment process:

· Demonstration that the larger size is required to satisfy specific domestic needs;

· The outbuilding will not reduce the amount of open space required by Table 1 of the Residential Design Codes;

· The outbuilding being sited behind the front setback line for the dwelling;

· Use of non-reflective materials on the outbuilding and/or adequate screening from the road and neighbouring properties being provided; and

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council with an officers recommendation to refuse the application.

As the proposal calls for a site area of 128 square metres, which exceeds the maximum variation (being 81.3 square metres plus 25 percent for a total of 101.6 square metres), the matter is referred to Council for determination.

The proposal complies with all other provisions of the Residential Design Codes and Local Planning Scheme No. 24 that are not overwritten by Local Planning Policy: Outbuildings.

Officer’s Comment

The proposed Outbuilding has a site area of 128 square metres. It should be noted that the building does not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings as it exceed the maximum 25% site area variation, which based on a standard maximum site area of 10% of the site area (81.3 square metres) plus up to an additional 25% (101.6 square metres) subject to neighbor referral.

The structure does not comply with Local Planning Policy: Outbuildings, and as such the Officers Recommendation is for the refusal of the application as per the policy.

Based on Legal Advice obtained by Shire Officers on 8 November 2017 (see Attachment B), an alternative option is provided.

Options

Option 1 (Officers Recommendation):

That Council refuse Retrospective Development Application 10.2017.3653.1 for an Oversized Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown on the following grounds:

1. The proposal is inconsistent with the provisions of Local Planning Policy: Outbuildings

Option 2:

That Council approve Retrospective Development Application 10.2017.3653.1 for an Oversized Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown subject to the following conditions:

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

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

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

4. The 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.

5. 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).

6. 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.

And the following advice notes:

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

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

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

Consultation

Owing to the history of the Outbuilding, legal advice was sought regarding the application.

The legal advice is attached to this report (Attachment B).

Financial Implications

Retrospective application fees totalling $441.00 were received as part of the application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

Policy Implications

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 Schedule 2, Part 9, Clause 67 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

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

Environmental Considerations

Nil

Attachments

a ⇩.	Plans
b .	Legal Advice - Confidential

Officer’s Recommendation

That Council refuse Retrospective Development Application 10.2017.3653.1 for an Oversized Outbuilding (Shed) on Lot 59 (8) Magistrate Drive, Castletown due to the proposal being inconsistent with the provisions of Local Planning Policy: Outbuildings.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 75

Item: 12.1.5

Development Application - Brewery - Lot 16 Barook Road, Pink Lake

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

File Ref: D17/27098

Applicant

Nigel Metz

Location/Address

Lot 16 Barook Road, Pink Lake

Executive Summary

For Council to consider Development Application 10.2017.3594.1 for a Change of Use to a Brewery at Lot 16 Barook Road, Pink Lake.

Recommendation in Brief

That Council resolve to approve Development Application 10.2017.3594.1 for a Brewery at Lot 16 Barook Road, Pink Lake subject to a number of conditions.

Background

An application was received by Shire of Esperance (Planning Services) for the change of use for the existing Home Based Business (Brewery) to Brewery at Lot 16 Barook Road, Pink Lake on 22 August 2017.

Lot 16 Barook Road is zoned ‘Rural Residential’ and is located in the Priority 2 Area of the Esperance Groundwater Protection Area under Local Planning Scheme No. 24.

The application was considered by Council at its Ordinary Council Meeting on the 24 October 2017 where it was resolved (O1017-225):

That Council lay the matter on the table for up to 3 months pending further investigation and gathering of relevant information from the Department of Water and Environmental Regulations.

Further negotiations have been had with the Department of Water and Environmental Regulation which has now resulted in a pathway forward for a limited approval of the land use.

Officer’s Comment

The Shire of Esperance has no discretion to approve the application without the consent of the Department of Water and Environmental Regulation on the following grounds:

1. The proposal is located in the Priority 2 Area of the Esperance Groundwater Protection Area,

2. Under the Land Use Compatibility Tables (LUCT) for Priority Groundwater Areas provided by the Department of Water and Environmental Regulation, Brewery is not a compatible land use.

The Department of Water and Environmental Regulation have now provided comment which provides a pathway to issue a limited approval for the land use.

It should be noted that during negotiations with the Department of Water and Environmental Regulation the issue of holding tours or events was considered non-negotiable and as such are prohibited by the recommended conditions.

Consultation

The application was advertised to landowners in proximity to the application, with no objections being received during the referral period between 12 September 2017 and 26 September 2017.

The application was also referred to the Department of Health, Department of Water and Environmental Regulation, and the Department of Local Government, Sport and Cultural Industries (Racing, Gaming and Liquor Section) between the period of 28 August 2017 and 9 October 2017.

The Department of Local Government, Sport and Cultural Industries (Racing, Gaming and Liquor Section) state that they had no objections to the proposal.

The Department of Health raised comments in relation to potable water supply and the requirement for their approval of any on-site wastewater treatment processes. These comments were in addition to their usual requirements regarding the Food Act 2008 and Health (Miscellaneous Provisions) Act 1911 (see Attachment F).

The Department of Water and Environmental Regulation initially indicated that they did not support the proposal (see Attachment D).

The Department of Water and Environmental Regulation have now provided comments supporting a paired back proposal limiting the number of people on site and a prohibition on tours and events (see Attachment G).

The comments from the Department of Water regarding the original application in 2014 are included (Attachment E) for reference.

Financial Implications

Application fees totalling $295.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 24

In this instance it is considered that the Scheme has been enforced effectively as the Department of Water and Environmental Regulation are supportive of the proposed conditions thus satisfying the requirements of the Scheme.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

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

The environmental considerations arising from this report relate to the proximity of the development to the water supply bores for the Esperance Townsite (being a distance of approximately 1.4 km) and the potential contamination of the drinking water supply through increased wastewater and effluent disposal, increased public access and parking lots.

Attachments

a ⇩.	Application and Plans
b ⇩.	Planning Approval 10.2014.2579.1
c ⇩.	Planning Approval 10.2014.2579.2
d ⇩.	Department of Water Comments regarding 2017 Application
e ⇩.	Department of Water Comments regarding 2014 Application
f ⇩.	Department of Health Comments
g ⇩.	Department of Water Supplementary Comments

Officer’s Recommendation

That Council approve Development Application 10.2017.3594.1 for a Brewery at Lot 16 Barook Road, Pink Lake subject to the following conditions:

1. Development shall be carried out and 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 Brewery only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definition as extracted from Clause 38 – Land use terms used):

a. Brewery means premises the subject of a producer’s license authorising the production of beer, sider or spirits granted under the Liquor Control Act 1988.

3. This approval is for the purposes of brewing alcohol, wholesale sale and incidental sales only, and is limited by the following points:

a. There is to be no retail sale of Alcohol from the property other than in accordance with a producer’s license granted under the Liquor Control Act 1988;

b. A maximum of 18 persons are to attend the site per day.

c. No events, tours or similar are to occur on the site.

4. The approved Brewery must not require the provision of any essential service main of a greater capacity than normally required in the zone in which it is located.

5. This planning approval relates to the land the subject of the application and the applicant only, and cannot be assigned to any other person or transferred to any other property or premises.

6. The buildings and structures the subject of this approval shall not be used for human habitation.

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

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

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 shall be provided with a supply of water adequate to meets the needs of the development.

12. The use 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.

13. The lot the subject of this approval, and the adjoining locality, has an endorsed/approved Fire Management Plan that is required to be implemented and the on-going provisions of such endorsed/approved Fire Management Plan shall thereafter be permanently maintained at all times to the satisfaction of the Shire of Esperance (Emergency Services/Planning Services).

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

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

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

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

18. In accordance with Clause 72 Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 development approval is limited to two (2) years after which time all use of the site is cease with the exception of a brewing facility. No incidental activities will be permitted after this time consistent with the advice of the Department of Water and Environmental Regulation.

AND the following advice notes:

1. The development is to comply with the Building Act 2011 and the Local Government Act 1995.

2. 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.

3. The developer is to liaise with Shire of Esperance (Development & Statutory Services) to determine if any additional signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Building Permit) prior to erection of such.

4. The proposed development is satisfactory to Council’s Environmental Health Services section subject to compliance with the following legislation (as amended):

· Health (Miscellaneous Provisions) Act 1911

· Health (Public Buildings) Regulations 1992

· Occupational Health, Safety and Welfare Regulations 1996

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Shire of Esperance Health Local Laws 2009

· Metropolitan Water Supply, Sewerage and Drainage By-laws 1981

· Food Act 2008 and Food Regulations 2009

· Liquor Control Act 1988

· Environmental Protection (Noise) Regulations 1997

· Environmental Protection (Unauthorised Discharge) Regulations 2004

· Health (Treatment of Sewerage and Disposal of Effluent and Liquid Waste) Regulations 1974

· Health Act (Laundries and Bathrooms) Regulations 1971

· Health (Smoking in Enclosed Public Places) Regulations 1999

5. Low risk prepackaged foods only to be served with tastings.

6. The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, including the following criteria:

· The applicant is to ensure the approved effluent disposal systems are functioning and used to the approved capacity. The brewery effluent disposal system is approved for throughput of 250L/day. In addition the throughput and maintenance of the approved systems should be documented and where appropriate implemented. Information detailing recommended maintenance strategies can be found in the Department of Health brochure Understanding Septic Tank Systems available at: http://www.esperance.wa.gov.au/sites/default/files/publication/files/understanding_septic_tank_systems.pdf and include receipts of pump outs.

· As per Department of Health conditions issued to you on the 22 June 2015, solid waste resulting from crushed produce/fruits will need to be collected into holding/storage tank/s and disposed off-site.

7. An application to alter a public building and for variation of certificate of approval has been lodged and is to be processed upon further information being provided. Contact Environmental Health Services to proceed with this application to ensure the Section 39 can be issued.

8. The developer is to liaise with Shire of Esperance (Asset Management Division) to determine any requirement for additional approvals for any signage proposed to be erected on the road reserve, and Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on the subject land.

9. In relation to Condition 3.b. a maximum of 18 people can be accommodated with the current public unisex toilet. This is based on sharing the same septic system of the house habited by 2 people. The unisex public toilet is to be made compliant with BCA requirements; this will require an application for a Building Permit.

10. In relation to Condition 3.b the developer is to keep log book of visitors/workers on site each day and this is to be made available to the Shire of Esperance on request.

11. Any additional buildings proposed will require an application for a Building Permit.

12. The existing Occupancy Permit for the Class 8 building may only be used as specified. Any proposed use contrary to the conditions as listed on the existing Occupancy Permit will require an application for a new Occupancy Permit.

And

2. Provide the Department of Local Government, Sport and Cultural Industries with a copy of this council decision.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 122

Your ref:

Our ref: RF4971-02 WRD248076

Enquiries: Nicolie Sykora

Direct tel: 9841 0123

Attention: Peter Wilks

Dear Peter

Re: Application for homestyle brewery Lot 16 Barook Road Pink Lake

Following discussion with the Shire of Esperance and the applicant, the Department of Water provides the following advice.

Lot 16 is located within a Priority 2 (P2) PDWSA. However, the property is located well away from the nearest production bore located over than 1.4 km to the south-west. The department’s modelling of groundwater flow (Crisalis June 2010) shows Lot 16 is located well outside the predicted 50 year time of travel for groundwater to reach production bores (Bore 41 and Bore 34).

Under the Department’s guidelines: WQPN 25: Land use compatibility in PDWSAs, breweries are considered incompatible within Priority 2 areas. However, given the small scale of the homestyle brewery and nearest distance to production bores the risks to water quality within the P2 area are considered to be low.

Disposal and treatment of effluent from the brewery’s processing is recommended through use of a separate greywater system for irrigation. This is considered preferable to using a secondary septic and leach drain system as a leach drain would concentrate nutrients within a smaller surface area and in closer proximity to the groundwater table. In addition, while the nitrogen content of the effluent is low, phosphorus content from cleaning products to be used is comparatively high and a septic system is unlikely to be as effective within removing phosphorus from effluent as plant uptake over a larger surface area.

Whilst the applicant currently uses kikuyu within the greywater irrigation area, this grass species has a relatively slow growth rate over cooler months. Grass species should be selected for with maximum potential for phosphorus uptake and evapotranspiration for seasonal conditions ie warmer, drier and wetter, cooler months of the year respectively. Irrigation rates should also match the infiltration rate of local soils.

A copy of the WQPN 33: Nutrient and irrigation management plans is attached. This provides guidelines for management of impacts associated with nutrients and water use located in PDWSAs. It is recommended the applicant is provided a copy of the guidelines.

The applicant should seek further advice from the Department of Food WA with regard to plant nutrient uptake efficiency based on water balance modelling undertaken for the land and soil unit occurring within the site. This will also help to ensure management of irrigation for water quality is in accordance with the DaFWA’s guidelines.

A copy of the Department of Health’s guidelines for pesticide use within PDWSAs (PSC88) is also attached. These guidelines ensure pesticide use and application follows recommended best management practice to safeguard drinking water quality.

The department advises further intensification or expansion of the ‘homestyle’ brewery would not be supported.

For further queries please contact me on 9841 0123.

Yours faithfully

Karen McKeough

A/Program Manager – Water and Land Use

South Coast Region

30 June 2014

Ordinary Council: Agenda

28 November 2017 Page 131

Item: 12.1.6

Local Planning Scheme No. 24 - Amendment No. 1 - Support with Modifications

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

File Ref: D17/27284

Applicant

Internal (Strategic Planning and Land Projects)

Location/Address

Shire of Esperance

Executive Summary

For Council to consider supporting draft Amendment No. 1 for approval subject to modifications as a result of the public exhibition that was undertaken as well as the internal assessment of the Amendment during the same period.

Recommendation in Brief

That Council:

1. In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 1 with proposed modifications to address issues raised in the submissions; and

2. Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 1 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015, that further modifications are required in addition to those raised in the submissions.

Background

The amendment was presented to Council for initiation at the Ordinary Council meeting held on 22 August 2017, where Council resolved (O0817-184):

Officer’s Comment

In accordance with Planning and Development (Local Planning Schemes) Regulations 2015, Local Planning Scheme No. 24 (LPS 24) Amendment No. 1 (Attachment A) was referred to the Environmental Protection Authority (EPA) for a determination to be made under Section 48A of the Environmental Protection Act 1986.

The EPA advised the Shire of Esperance via letter dated 20 September 2017 that after consideration of the LPS 24 Amendment No. 1 documentation, that the proposed scheme amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations on the Scheme Amendment.

Upon receiving the advice from the EPA, LPS 24 Amendment No. 1 was advertised for public comment in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The advertising was commenced on 27 September 2017 and closed on 10 November 2017 being a period of 44 days.

Consultation

· Advertising notice in the Esperance Express – 29 September 2017;

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

· Referral letters to government departments and servicing agencies.

At the close of the advertising period a total of ten (10) submissions (Attachment B) were received, all of which were from Government Departments and Servicing Agencies. Seven of the submissions from servicing and government agencies gave no comment or objection to the proposed amendment. Two submissions were received from an individual and these are addressed in the Schedule of Submissions (Attachment C). The Submission from Water Corporation made comment in relation to potential reticulation upgrades – it should be noted that the portion of the amendment that they refer to simply reapplies the density that was previously available under Local Planning Scheme 23.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 24

Policy Implications

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

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

Environmental Considerations

Nil

Attachments

a ⇨.	Amendment No. 1 - Under Separate Cover
b ⇩.	Submissions on Amendment No. 1
c ⇩.	Schedule of Submissions

Officer’s Recommendation

That Council:

1. In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support the draft Amendment No. 1 with the proposed modifications to address issues raised in the submissions:

a) Amend the Scheme by deleting the definition of ‘Windfarm’ for Clause 38.

b) Amend the Scheme by replacing ‘central area, shops and offices or industrial zones’ with ‘commercial, local centre, mixed use or general industry zones’ in the objective for ‘Light Industry’ in Table No. 3, in the third dot point.

c) Amend the Scheme by replacing the address in Schedule 3 for Additional Use 15 with ‘Lot 35 Merivale Road, Myrup’.

d) Amend the Scheme by numbering the clause under Schedule 2 SCA 5 (c) as ‘(i)’.

e) Amend the Scheme by amending Schedule 2 SCA 5 by inserting an new clause in clause (c) stating ‘Outbuildings with an area of 10m² or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause).

f) Amend the Scheme by changing the permissibility of ‘Community Purpose’ to ‘D’ in the ‘General Industry’ zone in Table 4.

g) Amend the Scheme by changing the permissibility of ‘Brewery’ to ‘I’ in the ‘Commercial’ zone in Table 4.

h) Amend the Scheme by replacing the ‘12’ in Schedule 1 Clause 13. (d) with ‘13’.

i) Amend the Scheme by amending Schedule 2 SCA 8 by inserting an new clause in clause (c) stating ‘Outbuildings with an area of 10m² or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause).

j) Amend the Scheme by renumbering all clauses to take into account deletions, additions and modifications and renaming any agency names that have changed since gazettal of the Scheme.

And;

2. Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 1 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following modification is required in addition to those raised in the submissions:

a) Amend Schedule 2 – 4.(e)(iii) by renumbering as Schedule 2 – 4.(d)(iii).

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 146

SCHEDULE OF SUBMISSIONS – LOCAL PLANNING SCHEME NO. 24

AMENDMENT No. 1

No	Submittors Details	Description of Affected Property	Submission Comments	Planning Services Comments
1	Tourism Western Australia GPO Box X2261 PERTH WA 6847	N/A	Tourism WA is very supportive of the proposed amendment to the Local Planning Scheme no. 24.	Note
2	Peter Wilks Senior Planner Shire of Esperance PO Box 507 ESPERANCE WA 6450	N/A	(i) Delete the definition for ‘Windfarm’ from Clause 38. (ii) Amendment the objective for ‘Light Industry’ in Table No. 3 by, in the third dot point, replacing ‘central area, shops and offices or industrial zones’ with ‘commercial, local centre, mixed use or general industry zones’. (iii) Amend the address in A15 (Schedule 3) to ‘Lot 35 Merivale Road, Myrup’. (iv) Amend SCA 5 by adding the following at the end of (c): ‘Outbuildings with an area of 10m² or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause).’ (v) Amend Table 4 by changing the permissibility of ‘Community Purpose’ to ‘D’ in the ‘General Industry’ zone. (vi) Amend Schedule 1 Clause 13. (d) by ‘12’ with ‘13’. (vii) Amend SCA 8 by adding the following as point (d): ‘Outbuildings with an area of 10m² or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause).’ (viii) Update any numbering or agency names that have changed as a result of this amendment, or since gazettal.	(i) Uphold Amend the Scheme by deleting the definition of ‘Windfarm’ for Clause 38. (ii) Uphold Amend the Scheme by replacing ‘central area, shops and offices or industrial zones’ with ‘commercial, local centre, mixed use or general industry zones’ in the objective for ‘Light Industry’ in Table No. 3, in the third dot point. (iii) Uphold Amend the Scheme by replacing the address in Schedule 3 for Additional Use 15 with ‘Lot 35 Merivale Road, Myrup’. (iv) Uphold Amend the Scheme by numbering the clause under Schedule 2 SCA 5 (c) as ‘(i)’. Amend the Scheme by amending Schedule 2 SCA 5 by inserting an new clause in clause (c) stating ‘Outbuildings with an area of 10m² or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause). (v) Uphold Amend the Scheme by changing the permissibility of ‘Community Purpose’ to ‘D’ in the ‘General Industry’ zone in Table 4. (vi) Uphold Amend the Scheme by replacing the ‘12’ in Schedule 1 Clause 13. (d) with ‘13’. (vii) Uphold Amend the Scheme by amending Schedule 2 SCA 8 by inserting an new clause in clause (c) stating ‘Outbuildings with an area of 10m² or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause). (viii) Uphold Amend the Scheme by renumbering all clauses to take into account deletions, additions and modifications and renaming any agency names that have changed since gazettal of the Scheme.
3	Department of Mines, Industry Regulation and Safety 100 Plain Street EAST PERTH WA 6004	N/A	No significant issues with respect to mineral and petroleum resources, geothermal energy and basic raw materials.	Note
4	Department of Primary Industries and Regional Development PO Box 483 NORTHAM WA 6401	N/A	The Department of Primary Industries and Regional Development acknowledges the inconsistencies in the text and has no objection to the proposed amendment.	Note
5	Peter Wilks Senior Planner Shire of Esperance PO Box 507 ESPERANCE WA 6450	N/A	Amend Table 4 by changing the permissibility of Brewery in the Commercial zone from ‘X’ or Not Permitted to ‘I’ or Incidental.	Uphold Amend the Scheme by changing the permissibility of ‘Brewery’ to ‘I’ in the ‘Commercial’ zone in Table 4.
6	Water Corporation PO Box 100 LEEDERVILLE WA 6902	N/A	Does not impact on Water Corporation assets or operations except for rezoning a portion of Lot 3030 White Street, Nulsen where the principle of user pays will apply.	Note
7	Department of Health PO Box 8175 Perth Business Centre WA 6849	N/A	The Department of Health has no objection to the proposed amendments.	Note
8	Main Roads Western Australia PO Box 99 KALGOORLIE WA 6433	N/A	Main Road has comments to raise in relation to the proposed amendment.	Note
9	Department of Biodiversity, Conservation and Attractions 120 Albany Highway ALBANY WA 6330	N/A	The Department of Biodiversity, Conservation and Attractions – Parks and Wildlife Service has no comment or submission to provide.	Note
10	Department of Water and Environmental Regulation PO Box 525 ALBANY WA 6330	N/A	The Department of Water and Environmental Regulation advises that in it’s assessment of the Scheme Amendment no water resource issues of concern have been identified.	Note

Ordinary Council: Agenda

28 November 2017 Page 150

Item: 12.1.7

Application for Traders Permit - Shelley Payne - Twilight Beach Road - West Beach Carpark Johns Street

Author/s	Paul Clifton	Manager Development & Statutory Services
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/27430

Applicant

Shelley Payne

Location/Address

Executive Summary

For Council to consider an application for a Traders Permit (Food Van) to be located within the Twilight Beach Road Reserve.

Recommendation in Brief

In consideration of the submissions made with regards to Amenity, Facilities, Safety, Anti-Social Behaviour, Litter and Coastal Hazard, that Council refuse the issuance of a Traders Permit at this location because the proposal would have a material impact upon the amenity and character of the area.

Background

An application for the Traders Permit was submitted to the Shire on the 7 September 2017 seeking approval to operate a food van also selling sunblock and surf wax.

This was the applicants preferred location.

This location has been assessed and an alternative site has been identified which is complementary to planned improvements to the area.

With the adoption of the new Local Law for Activities in Thoroughfares and Public Places and Trading Local Law the conditions of the Permit need to be set.

The Shire has previously received an enquiry from the applicant to place a building on Reserve 31540, however the purpose of the Reserve does not allow for the proposed activity. This has resulted in this Traders Permit application being received by the Shire.

The application was assessed with regards to:

· The desirability of the proposed activity

· The location of the proposed activity with respect to pedestrian and vehicular traffic safety and the safety of customers of the street trader and the street trader themselves

· The appropriateness of the activity in the proposed area with respect to the character and function of the area

· Whether the goods, services, wares or merchandise proposed to be sold are currently provided by existing and permanent outlets; and,

· The competition principles set out in the National Competition Policy

The Applicant has identified a proposed location for the Permit Area which is indicated above.

During the assessment process for the application it was identified that the Shire is proposing to link up an existing footpath with the coastal area. These works have been included in the 2017/2018 budget and are programmed to be completed in this financial year.

The pedestrian access improvements from the Twilight Beach Road footpath into the West Beach Carpark are illustrated below.

In light of the assessment criteria and based on the information provided the Applicant the Permit Area below is considered the most suitable.

The approval for this Traders Permit should also be conditional to the following conditions which are also consistent with a draft Council policy for Mobile and Itinerant Traders.

Council considered this matter at the 26 September 2017 Ordinary Council Meeting where it was resolved (O0917-225):

1. Advertise the following proposed traders permit (and conditions) for 14 days to neighbouring properties within a 200m radius.

2. Subject to there being no substantiated objections received, approve the Traders Permit subject to the following conditions:

a. The Vendor is responsible for compliance with the Environment Protection (Noise) Regulations 1997.

b. Food vehicles and food operations must comply with the Food Act 2008, Food Regulations 2009 and the Food Safety Standards.

c. Food vehicles are not permitted to set up or provide external tables or chairs for customers unless received approval by the Shire.

d. The Vendor must maintain a minimum of $10 million Public Liability insurance. The policy must be able to meet any possible claim which may be sustained against the Trader or the Shire in relation to the death or injury to any person or property arising out of anything authorised by the permit.

e. Solicitation of customers by touting or the use of public address systems is prohibited.

f. The vendor must ensure that the area is kept clean and tidy at all times. The permit holder is responsible for the disposal of litter and cleaning of footpaths.

g. The vendor must ensure that no debris or litter is swept into the street gutter and/or subsequently washed down the storm water drainage system. No detergents and cleaning agents shall be washed into the street, gutter or drainage system.

h. The Vendor is responsible for the maintenance of the permit area and shall maintain all display stands/equipment to a high standard.

i. The vendor must not display or allow to be displayed any advertisement, placard, poster, streamer, sign or signboard other than attached to and forming part of the vendor’s vehicle or display stand.

j. The permit holder is allowed to use one additional car bay for staff car parking during the operations of the stall.

k. The Permit is not transferable.

Officer’s Comment

As per the Council resolution, properties within 200m of the proposed permit area were notified via a letter drop. During the consultation period the Shire received 12 submissions regarding the proposal, one submission being outside of the notification area. Submissions from within the notification zone were considered and issues identified grouped according to the following categories.

Issue Identified in Submission	Officers Comment
Amenity- Three submissions considered that the proposed activity would have the potential to negatively impact on the West Beach Environment. The site is not a place that requires activation of this type or nature.	Noted – Subjective - Potential Impact. Food Van is located away from scenery often seen in photographs. Secondary impacts of litter is considered a higher impact
Environmental Site Restrictions – fragile coastal environment	Noted – The Shire’s Coastal Management Plans states that West Beach is located on the southern side of Dempster Head and is one of the most popular beaches in the region. It is used for surfing, bodyboarding, exercising dogs, walking and sightseeing.
Coastal Hazard Two of submissions referred to a Surf Life Saving West Australia (SLSWA) report where it was stated that West Beach was not an appropriate location for a Patrolled Beach due to its often dangerous conditions. Two other submissions also stated that West Beach was not an appropriate location for additional services with the potential to attract more people to this beach. Specific mention was made to the West Beach characteristics and the fact that permanent signage is in place for rips. One submission also mentioned the effect of local residents performing rescues on family members who have witnessed the incidents.	Subsequent to these submissions, investigations into the coastal risks of West Beach were undertaken. In this investigation it was found that as part of its operations, the Shire engaged SLSWA to update Coastal Risk Assessment and Signage on its beaches and foreshore areas. This operational report recently finalised rated West Beach as having the highest level of risk in the Shire. This is in fact due to such things as characteristics, usage/proximity and ease of access. There are a range of risk treatment options that can be considered in the context of aquatic risk management. The selection of the most appropriate option involves balancing the financial, social and environmental impacts of implementing each against the benefits derived from each. These may include any combination of the following: · Spread (share) risk – insurance, · Engineer (structural and technological) risk treatment – include modified practices, · Regulatory and institutional – change through revised regulations and planning, · Avoid – isolate the risk, move people away, · Research to better understand; and · Educate and inform stakeholders The above comment needs to be considered in determining the suitability of further activating the location through improving facilities and or services at this location. It is the Officers opinion that some investigation is required into the statements of rescues being performed with the intent of improving either signage of information to the community and tourists visiting our coastline.
Environmental Impact – Litter with the potential to attract vermin and pests.	Noted - Potential Impact - Management strategies required (Shire) In the area there is a single waste receptacle which currently is able to cope with the waste being generated at the location. It is considered that additional bins and servicing of these will be required. Additionally this area is downstream of the Shire’s Gross Pollutant Trap, so any litter has the within the catchment of the stormwater system may end up on the beach. The site characteristics of West Beach also mean that there is limited waste receptacles on the beach and concerns were raised at people burying waste on the beach itself.
Limited Facilities – Eight submissions mentioned that the carpark is well utilised, and the proposal would impact on space availability. An often used vacant property in close proximity was often used as an overflow during peak times, however this has recently been developed and now is no longer available.	Noted the provision of bays in the West Beach carpark is paramount, however taking into account the proposed improvements and safety the location recommended is considered to be the most appropriate. It is the Officers opinion that two carpark bays in the West Beach carpark not be available to users when the Food van will be in operation.
Safety – Twilight Beach Road, Carpark and Food Van users. Nine submissions mentioned safety concerns with the proposal. This was in terms of lack of setback, distraction to passing motorists, and users of the Johns Street / Twilight Beach Road intersection, the mix of carpark users in terms of vehicles and pedestrians. It was suggested that should the proposal proceed some further traffic evaluation be required both along Twilight Beach Road and the carpark, and or traffic calming to reduce the speed of motorists using Twilight Beach Road. One submission also considered the other locations of Mobile Food vans noting the adequate setback from the carriageway and or footpaths and carparks.	Noted - Potential Impact - Management strategies possibly required (Shire)
Anti-Social Behaviour – Submissions stated that at times the carpark attracts groups of people consuming alcohol, playing loud music which may be intimidating for other users. Submissions stated that the proposal may provide an additional attraction for these groups.	Noted - Potential Impact - Management strategies possibly required (Shire) with assistance from the West Australian Police.
Food Business Operations. A number of submissions queried the operational hours of the proposal which was not detailed in the original report. Odour, waste management given the small size of the van itself, access to the permit area, trip hazards created by hoses, cords leading to the van, closeness of the food van to the toilet facility, and impacts of the van to the effluent disposal system.	Agree – Applicant to manage. Applicant will have to ensure that the food business does not create nuisance. A number of statutory tools are in place to address nuisance, food safety and or environmental impacts of the proposal. The van is not to be connected to the effluent disposal system servicing the toilet block.
Future Council Considerations – A number of submissions mentioned issues that in future could be considered by Council. These include, promoting healthy eating habits, the non-exclusive use of Council lands for commercial activity, the bricks and mortar developments / mobile food van culture, and this proposal should not be considered until the overarching Policy is finalised.	Noted - Further investigation required

Issue Identified in Submission

Officers Comment

Amenity- Three submissions considered that the proposed activity would have the potential to negatively impact on the West Beach Environment.

The site is not a place that requires activation of this type or nature.

Noted – Subjective - Potential Impact.

Food Van is located away from scenery often seen in photographs. Secondary impacts of litter is considered a higher impact

Environmental Site Restrictions – fragile coastal environment

Noted – The Shire’s Coastal Management Plans states that West Beach is located on the southern side of Dempster Head and is one of the most popular beaches in the region. It is used for surfing, bodyboarding, exercising dogs, walking and sightseeing.

Coastal Hazard Two of submissions referred to a Surf Life Saving West Australia (SLSWA) report where it was stated that West Beach was not an appropriate location for a Patrolled Beach due to its often dangerous conditions.

Two other submissions also stated that West Beach was not an appropriate location for additional services with the potential to attract more people to this beach. Specific mention was made to the West Beach characteristics and the fact that permanent signage is in place for rips.

One submission also mentioned the effect of local residents performing rescues on family members who have witnessed the incidents.

Subsequent to these submissions, investigations into the coastal risks of West Beach were undertaken. In this investigation it was found that as part of its operations, the Shire engaged SLSWA to update Coastal Risk Assessment and Signage on its beaches and foreshore areas. This operational report recently finalised rated West Beach as having the highest level of risk in the Shire. This is in fact due to such things as characteristics, usage/proximity and ease of access.

There are a range of risk treatment options that can be considered in the context of aquatic risk management. The selection of the most appropriate option involves balancing the financial, social and environmental impacts of implementing each against the benefits derived from each. These may include any combination of the following:

· Spread (share) risk – insurance,

· Engineer (structural and technological) risk treatment – include modified practices,

· Regulatory and institutional – change through revised regulations and planning,

· Avoid – isolate the risk, move people away,

· Research to better understand; and

· Educate and inform stakeholders

The above comment needs to be considered in determining the suitability of further activating the location through improving facilities and or services at this location.

It is the Officers opinion that some investigation is required into the statements of rescues being performed with the intent of improving either signage of information to the community and tourists visiting our coastline.

Environmental Impact – Litter with the potential to attract vermin and pests.

Noted - Potential Impact - Management strategies required (Shire)

In the area there is a single waste receptacle which currently is able to cope with the waste being generated at the location. It is considered that additional bins and servicing of these will be required.

Additionally this area is downstream of the Shire’s Gross Pollutant Trap, so any litter has the within the catchment of the stormwater system may end up on the beach.

The site characteristics of West Beach also mean that there is limited waste receptacles on the beach and concerns were raised at people burying waste on the beach itself.

Limited Facilities – Eight submissions mentioned that the carpark is well utilised, and the proposal would impact on space availability. An often used vacant property in close proximity was often used as an overflow during peak times, however this has recently been developed and now is no longer available.

Noted the provision of bays in the West Beach carpark is paramount, however taking into account the proposed improvements and safety the location recommended is considered to be the most appropriate.

It is the Officers opinion that two carpark bays in the West Beach carpark not be available to users when the Food van will be in operation.

Safety – Twilight Beach Road, Carpark and Food Van users. Nine submissions mentioned safety concerns with the proposal. This was in terms of lack of setback, distraction to passing motorists, and users of the Johns Street / Twilight Beach Road intersection, the mix of carpark users in terms of vehicles and pedestrians. It was suggested that should the proposal proceed some further traffic evaluation be required both along Twilight Beach Road and the carpark, and or traffic calming to reduce the speed of motorists using Twilight Beach Road.

One submission also considered the other locations of Mobile Food vans noting the adequate setback from the carriageway and or footpaths and carparks.

Noted - Potential Impact - Management strategies possibly required (Shire)

Anti-Social Behaviour – Submissions stated that at times the carpark attracts groups of people consuming alcohol, playing loud music which may be intimidating for other users. Submissions stated that the proposal may provide an additional attraction for these groups.

Noted - Potential Impact - Management strategies possibly required (Shire) with assistance from the West Australian Police.

Food Business Operations. A number of submissions queried the operational hours of the proposal which was not detailed in the original report. Odour, waste management given the small size of the van itself, access to the permit area, trip hazards created by hoses, cords leading to the van, closeness of the food van to the toilet facility, and impacts of the van to the effluent disposal system.

Agree – Applicant to manage. Applicant will have to ensure that the food business does not create nuisance. A number of statutory tools are in place to address nuisance, food safety and or environmental impacts of the proposal.

The van is not to be connected to the effluent disposal system servicing the toilet block.

Future Council Considerations – A number of submissions mentioned issues that in future could be considered by Council. These include, promoting healthy eating habits, the non-exclusive use of Council lands for commercial activity, the bricks and mortar developments / mobile food van culture, and this proposal should not be considered until the overarching Policy is finalised.

Noted - Further investigation required

It is important to note that the submission framework associated with this Traders Permit application has been aligned to that of comments received in assessing Planning Approvals. Redacted submissions are attached to this report (Attachment A).

Option 1

That Council approve Traders Permit subject to the following conditions:

1. The Vendor is responsible for compliance with the Environment Protection (Noise) Regulations 1997.

2. Food vehicles and food operations must comply with the Food Act 2008, Food Regulations 2009 and the Food Safety Standards.

3. The Vendor is responsible for compliance with the Shire of Esperance Local Laws.

4. Food vehicles are not permitted to set up or provide external tables or chairs for customers unless received approval by the Shire.

5. The Vendor must maintain a minimum of $10 million Public Liability insurance. The policy must be able to meet any possible claim which may be sustained against the Trader or the Shire in relation to the death or injury to any person or property arising out of anything authorised by the permit.

6. Solicitation of customers by touting or the use of public address systems is prohibited.

7. The vendor must ensure that the area is kept clean and tidy at all times. The permit holder is responsible for the disposal of litter and cleaning of footpaths.

8. The vendor must ensure that no debris or litter is swept into the street gutter and/or subsequently washed down the storm water drainage system. No detergents and cleaning agents shall be washed into the street, gutter or drainage system.

9. The Vendor is responsible for the maintenance of the permit area and shall maintain all display stands/equipment to a high standard.

10. The vendor must not display or allow to be displayed any advertisement, placard, poster, streamer, sign or signboard other than attached to and forming part of the vendor’s vehicle or display stand.

11. The permit holder is allowed to use one additional car bay for staff car parking during the operations of the stall.

12. The Permit is not transferable.

Option 2

This is the Officers recommendation for the reasons outlined in this Report.

Consultation

Submissions provided to the Shire during the 14 day public consultation period as per the Council resolution.

Financial Implications

Should the Traders Permit be issued, it is likely that there will be an impact to the waste facilities currently at West Beach. It is considered likely that the additional receptacles will be required along with the servicing of these.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Services, infrastructure and public places that meet and adapt to community needs and changing priorities

Ensure services, infrastructure and public places are aligned to community needs now and in the future

Environmental Considerations

Nil

Attachments

a ⇩.

Submissions on Proposal

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 181

Item: 12.1.8

Residential Land Tender

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/27100

Applicant

Internal Report

Location/Address

See Attachment A for a map detailing the lots available for sale in Flinders (lots for sale are marked in blue, those in white have already been sold or are currently under contract), and Attachment B for a map including the two lots for sale in Hockey Place.

Executive Summary

Approval is sought to proceed to tender for all residential lots that are currently available for sale, with any lots that don’t receive an offer through the tender process to continue to be sold via Chief Executive Officer (CEO) delegation for a further six month period.

Recommendation in Brief

That Council;

1. Direct the CEO to advertise all unsold lots within Flinders Stage 2 and Lots 861 and 862 Hockey Place (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

2. Confirm it believes that the valuations it received from Herron Todd White for the Flinders Lots and Opteon Property Group the Hockey Place Lots, both undertaken in February 2017, continue to be a fair indication of the value of the unsold lots.

3. Relist all lots that don’t receive an offer through the tender process.

4. Delegate authority to the CEO to negotiate and accept offers on these listed properties.

Background

The current delegated authority to the CEO to accept offers on the Hockey Place lots has recently expired, the recently released lots along Asken Turn (and Lot 290) in Flinders is due to expire this month while the remaining 10 lots in the original release of Flinders Estate are due to expire in January 2018. This item amalgamates the tender process for all residential lots currently available for sale from the Shire (the variable timing was caused through the Hockey Place lots being advertised for the first time in March 2017 and the Asken Turn lots being advertised for the first time in May 2017.

Delegated authority to the CEO can only be provided for a maximum of 6 months following a tender or auction process being undertaken. In the event that a delegation isn’t provided all negotiations require Council Decisions for each stage of the negotiation. This obviously has the potential to both make negotiations a lengthy and drawn out process as well as resulting in it playing out in the public domain. Neither of these outcomes is generally conducive to attracting purchasers.

So far this year we have sold one of the original listings from within Flinders and a corner lot from the Asken turn listing. Additionally, we contracted a second corner lots on Asken Turn in the first week of November. This leaves a total of 26 lots available for sale in Flinders (including Lot 290) as well as the two lots on Hockey Place.

Lot 290 continues to have the sub-division process in progress. If the property should still be available for sale once sub-division approval has been achieved it will be re-valued for listing at a price that takes into consideration this next stage of development being achieved.

With the limited real estate activity currently occurring in town, along with the sales that have been achieved at current prices this financial year the valuations received at the start of the year are considered to remain current.

Officer’s Comment

Submissions are rarely received for tenders that have issued for lots in Flinders Stage 2. This recommendation removes the need for Council to reconsider these lots prior to them being re-listed with real estate agents unless a submission is received. In the event that one or more tender submissions is received, this recommendation will allow all lots not involved in a submission to be listed with real estate agents while the tenders are being considered, minimising the time the lots are off the market.

It has been recommended that Council continue to rely upon the licensed valuation obtained in May 2014 [as allowed under s3.58 (4)(c)(ii)] as there has been little change in the market in the intervening time. If Council believes a new valuation is appropriate an amendment to the existing recommendation will enable this however this will require the lots to be held off the market until after Council has reconsidered the new valuation at a later date in order to finalise listing and sale prices.

The sales activity this year shows that people continue to be prepared to pay a small premium to access corner lots, with only three now remaining in Flinders.

The Flinders Stage 3 sub-division approval remains current however there are still enough lots remaining in Stage 2 to negate the need for proceeding with this development at this stage given the majority of lots in stage 3 are of similar characteristics to Stage 2. The subdivision proposal for Lot 290 (Stage 4) is intended to provide diversity of property size and type within this area.

Consultation

Nil

Financial Implications

Income from the sale of land at Flinders will, in the first instance, be used to repay borrowings from the WA Treasury Corporation, while proceeds from the Hockey Place land will be placed in the Land development reserve to ensure that income from the sale of land assets doesn’t get utilised on an operational expense or depreciating asset as per the intent of the Land Asset policy and procedures.

Asset Management Implications

Sale of these lots removes the Councils obligations to maintain them.

Statutory Implications

The statutory implications associated with this item are contained within:

Local Government Act 1995

Section 3.58 – Disposing of Property

Policy Implications

Sale of non-strategic freehold land and use of the funds to repay borrowings and place in reserve for future land development or acquisition of strategic land is consistent with the Councils Public Land Asset Strategy

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

Environmental Considerations

Nil

Attachments

a ⇩.	Map of Lots for Sale in Flinders
b ⇩.	Lots for Sale in Hockey Place
c .	Hockey Place Valuation - Confidential
d .	Flinders Estate Valuation - Confidential
e .	Listing & Sale Prices - Confidential

Officer’s Recommendation

That Council

LOT	SIZE (SQM)	Listing Price
Flinders
214	762	$180,000
226	766	$175,000
227	766	$175,000
228	766	$175,000
266	768	$180,000
271	801	$180,000
275	801	$180,000
276	760	$180,000
277	760	$180,000
281	760	$180,000
*236	837	$195,000
237	817	$180,000
239	836	$190,000
240	836	$190,000
241	836	$190,000
242	836	$185,000
243	836	$190,000
244	836	$190,000
245	836	$190,000
*247	950	$210,000
248	836	$195,000
249	836	$190,000
250	836	$190,000
*251	929	$210,000
252	865	$195,000
290	10,157	$795,000
Hockey Place
861	567	$170,000
*862	571	$175,000

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

4. Delegate authority to the CEO to negotiate and accept offers on these listed properties at or above the Minimum Acceptable Sale Price identified in the schedule within Attachment E (Listing and Sale Prices).

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 187

Item: 12.1.9

Alternative Waste Treatment - Expressions of Interest

Author/s	Scott McKenzie	Manager Council Enterprises
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/27332

Applicant

External Services

Location/Address

Not Applicable

Executive Summary

To allow Council to consider the results of the Expressions of Interest (EOI) for Alternative Waste Treatment options.

Recommendation in Brief

That Council

1) Terminate the EOI process as per Clause 1.8 of the specification, and

2) Request the CEO to prepare a Business Case to include conceptual designs and cost estimates for an organics processing facility, preferably at Wylie Bay Landfill.

Background

During the Special Council Meeting held on 12^th April 2017, Council moved (in part) the following motion;

Moved: Cr Bowman

Seconded: Cr McIntyre

S0417-061

That Council

1. Inform the owner of Lot 12 Kirwan Road, Merivale (Lot 12), A & J Knox Super Pty Ltd (Seller), that the due diligence condition as contained in clause 2.1(1) of the contract between the Seller and the Shire of Esperance for the sale of Lot 12 is satisfied and that settlement of the sale of Lot 12 shall occur within 20 business days from 14 April 2017.

2. Request the CEO to prepare a report to Council on the formation of a Community Reference Group to assist in the development of a best practice waste facility, management plan and future operations at Lot 12 Kirwan Road to ensure local amenity is maintained.

3. Request the CEO to issue an Expression of Interest for alternative waste treatments suitable for the Shire of Esperance, with a focus on reducing the amount of waste that goes into landfill.

4. Confirm that the Wylie Bay Waste Facility will remain utilised as a waste transfer station and alternate waste treatment site (if suitable).

Following the adoption of this motion, a technical specification was prepared and issued to the market in late September 2017 and closed on Thursday 19th October 2017.

The purpose of the EOI was to identify suitable organisations to assist in the delivery of the Alternative Waste Treatment Resource Recovery Project to divert materials from landfill. The Shire was open to a range of resource recovery initiatives. The recovery initiatives could include;

· Advancement to the kerbside recycling systems such as a third bin for greenwaste or full organics (FOGO);

· Aerobic and anaerobic recycling systems;

· Waste to energy (WtE) technologies (ie combustion, gasification, pyrolysis); and

· Special waste processing (ie biodiesel from cooking oil, diesel from waste plastics).

The submission of the EOI does not commit the Shire to include any organisation on the shortlist in the event that the project proceeds and is also able to reject all submissions. Three submissions were received by the closing time of the EOI.

The evaluation process highlighted that the EOI did not provide the anticipated results for the Shire, further the Tender Evaluation Panel is of the opinion that the three submissions did not fully represent the current market. Of the submissions, two were determined to be non-compliant due to the lack of significant information against the compliance criteria. This represents a significant risk to the Shire and therefore these submissions did not progress past the qualitative and financial evaluation.

The third submission mainly consisted of the transfer of materials for processing and disposal outside of the Shire boundary, with the exception of green waste processing. However it was determined to be unviable as it didn’t represent value for money.

The EOI indicated that there is no viable waste to energy option in the current market. Companies that have waste to energy technology currently being developed within WA and Australia did not show any interest in building a waste to energy plant in Regional WA.

The Tender Evaluation Panel believes that the EOI process did demonstrate that the organics resource recovery option should be further investigated as two of the three submissions suggested a focus on organics recovery.

Officer’s Comment

The processing of organics by various means has been discussed within Council and by the community for some time.

The Draft Waste Strategy contains a diversion target for Municipal Solid Waste (kerbside pickups) of 30% by 2020 and 50% by 2025, this would increase the total waste diverted from landfill in 2020 to 45% and 55% by 2025.

The processing of the organic waste and removing it from the waste stream would allow the Shire to meet the target within the Draft Waste Strategy.

In 2013 the Shire compiled a report that compared a range of available Strategic Waste Management Options. In order to assist in the assessment of the options, the strengths, weaknesses, opportunities and threats of each were determined as well as an estimation of the costs. The support structures for each option was also identified as was any missing key support structure (material volumes, infrastructure, etc).

Recommendation 2 of the 2013 Strategic Waste Management Options Report is as follows;

The Shire develops a Resource Recovery Strategy to divert significant quantities of material from landfill recognising the significant cost increase forecasted in waste disposal activities to be incurred by the Shire in the near future. As part of this process, the Shire should prioritise consideration of the organic resource recovery options to divert biodegradable waste (greenwaste, food waste, paper and cardboard) from landfill.

In 2016, the Shire reviewed the Strategic Waste Management Options Report so that legislative reform and other available technologies could be included in the assessment of available options to reduce the waste going to landfill. Recommendation 2 remained unchanged.

Based on the information gained through the EOI evaluation, it is recommended that the Shire focus on developing our own organics recycling system.

In order to fully appreciate the potential technical, economic, environmental and social implications of an organics recycling program, it is recommended that the Shire undertake an Implementation Plan and Business Case process.

An Implementation Plan and Business Case would involve the following being investigated;

· Waste bin composition;

· Garden organics versus garden organics and food organics;

· Case studies of other Local Governments nationwide using composting systems collected though the kerbside system;

· Collection method;

· Composting technologies;

· Internal and external compost markets;

· Siting requirements for a composting facility;

· Implications on our existing services;

· Community education requirements;

· Approval requirements; and

· Financial assessment

The above Implementation Plan would provide the Shire with a greater understanding of how an organics recycling system could impact on our waste services and the community, therefore allowing for an informed decision to be made.

Consultation

General Community consultation through the Draft Waste Strategy process.

Financial Implications

The financial implications arising from this report are nil at this stage. The adoption of any future proposal to undertake resource recovery of waste would be the subject of a future agenda item with clearly defined costs and benefits.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that empowered and motivated to minimise waste

Targeted reduction of waste with an emphasis on resource recovery and waste minimisation

Corporate Business Plan 2013/2014 – 2016/2017

2.5.5 Manage waste and recycling facilities and programs – Dispose of waste in a compliant manner and educate the community on waste reduction, reuse and recycling

Environmental Considerations

The environmental considerations arising from this report are nil at this stage, however the processing of organics will have a major effect on limiting methane production from the current landfilling practices. The removal of organics from the waste stream will drastically reduce the amount of waste to landfill and significantly reduce risk associated with leachate from the current and proposed waste management facilities.

Attachments

a .

Evaluation Report for Expressions of Interest - Alternative Waste Treatment - Confidential

Officer’s Recommendation

That Council

1) Terminate the EOI process as per Clause 1.8 of the specification, and

2) Request the CEO to prepare an Implementation Plan and Business Case to include conceptual designs and cost estimates for an organics processing facility, preferably at Wylie Bay Landfill.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 191

Item: 12.1.10

Budget Variation - Visitor Centre Grant

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Terry Sargent	Director External Services

File Ref: D17/27265

Applicant

Internal Report

Location/Address

N/A

Executive Summary

A successful grant application has been made to Tourism Western Australia’s Regional Visitor Centre Sustainability Grant Program 2017-18. A budget amendment is required to enable this grant agreement to be accepted and the project it is funding to commence.

Recommendation in Brief

That Council amends the 2017/18 budget to include the $20,000 grant from Tourism Western Australia enabling a feasibility and business case comparison of potential Visitor Centre location/s within the James Street Precinct as compared to the current Visitor centre location to be undertaken.

Background

The Esperance Visitor Centre Management Committee has, as one of its key terms of reference:

· To prepare a Management Plan that provides guidance for the efficient operation of the Esperance Visitor Centre…

Hampering the efforts of the Management Committee is the need to clearly understand what a Visitor Centre needs to provide and look like to meet the needs of visitors to Esperance in the future.

Additionally, the Esperance Town Centre Revitalisation Plan, endorsed by Council in 2015 contains the following statement:

· A key element of building the visitor destination value of the James Street Precinct is the incorporation of the Visitor Centre into the precinct. Preferred locations would address James Street, including:

o The James Street side of the museum building, activating one or more of the existing underutilized street openings and providing management and attraction synergies with the existing function of the building, and

o As part of a larger community/cultural facility that would build on associations with other uses within the development.

The grant from Tourism Western Australia has been provided to ‘contribute to the cost of… Consultancy to undertake a feasibility and business case comparison of potential Visitor Centre location/s within the James Street Precinct as compared to the current Visitor Centre location’.

This work is to be undertaken in three steps:

1. Preparing a future optimal operations plan for the Visitor Centre (an understanding of the Visitor Centre of the future will be required as part of this).

2. Comparison of outcomes from the current site versus site/s within the James Street Precinct, including:

· Operating costs

· Ease of access for visitors

· Benefits to the local tourism industry

· Benefits to the local retail and business community

· Full visitor offer (including an opportunities to co-locate with attractions and/or tourist related businesses)

· Income generation opportunities

· Compatibility with medium and long-term provision of community and civic facilities

3. Preparation of internal and external concept designs

Additional funds required (over and above the Tourism Western Australia grant) are available from the remaining SuperTowns Economic Development Funds, with this project meeting three (3) Esperance Region Economic Development Strategy implementation initiatives:

· Regional Tourism Expansion

· Implement Esperance Town centre Revitalisation Masterplan

· Esperance Tourism Development

Officer’s Comment

With the renewed focus on tourism within the Strategic Community Plan as well as the need to finalise delivery of initiatives within the Esperance Region Economic Development Strategy from the remaining SuperTowns funds, this project meets several strategic imperatives. Additionally, by providing greater clarity around the operational requirements of the Visitor Centre into the future, assistance can be provided to the Esperance Visitor Centre Management Committee in undertaking a Management Plan for the Visitor Centre. It is expected that this document will provide the management direction required from the management committee with the committee being the key stakeholder for the consultant delivering this project to liaise with.

A better understanding of the impact and opportunities of relocating the Visitor centre to James Street will also assist with decision-making around the future implementation of upgrades to both the James Street and Museum Village precincts.

Consultation

CEO (SoE)

Executive Manager External Services (SoE)

Manager Executive Services (SoE)

CEO - Australia’s Golden Outback

Members of Esperance Visitor Centre Management Committee

Klari Kadar – KPP Business Development (assistance with estimated consultancy costings)

Financial Implications

The financial implications arising from this report are:

Description		Budget Figure	Amended Figure	Variation
Esperance Visitors Centre – Operating – Special Projects	01-3920-370-405	$20,000	$40,000	$20,000
Esperance Visitors Centre – Operating – Operating Grants & Subsidies	01-3920-115-155	-$0	-$20,000	-$20,000
Net result				$0

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Recruitment of a consultant to undertake this work will be consistent with the Shire’s Procurement Policy.

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

Esperance is a vibrant and welcoming tourism town

Promote awareness in Esperance on the value of tourism

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council amends the 2017/18 budget as follows enabling a feasibility and business case comparison of potential Visitor Centre location/s within the James Street Precinct as compared to the current Visitor centre location to be undertaken:

Description		Budget Figure	Amended Figure	Variation
Esperance Visitors Centre – Operating – Special Projects	01-3920-370-405	$20,000	$40,000	$20,000
Esperance Visitors Centre – Operating – Operating Grants & Subsidies	01-3920-115-155	-$0	-$20,000	-$20,000
Net result				$0

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 November 2017 Page 194

12.2 Asset Management

Nil

12.3 Corporate Resources

Item: 12.3.1

Lease Area Amendment - Gibson Football Club & Pleasure Riders Club

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D17/23339

Applicant

Gibson Football Club

Esperance Pleasure Riders Club

Location/Address

Portion of Reserve 25639, Lot 141 Starr Street, Gibson.

Executive Summary

For Council to consider amending the lease areas for the Gibson Football Club and the Pleasure Riders Club.

Recommendation in Brief

That Council agrees to amend the lease areas for the Gibson Football Club and the Pleasure Riders Club.

Background

The Gibson Football Club and Esperance Pleasure Riders Club both hold current leases over the portions of Reserve 25639 identified above, which are both due to expire 30 June 2034.

Gibson Football Club has forwarded a proposal for clubroom extensions which will extend over the current lease area allocated to the Club. They have therefore asked for the existing lease area to be amended to allow for these extensions to take place.

During investigations into the proposal from the Gibson Football Club, it was discovered that the current lease area overlapped the lease area held by the Pleasure Riders Club.

Discussions with the Pleasure Riders Club have determined that they are happy for the lease areas to be amended and the Gibson Football Club’s proposal to proceed, so long as their club members can continue to access their lease area from the gate in the fence line along the joint boundary of the lease areas. This would also include the Pleasure Riders Club continuing to use the existing road that leads to their gate access for those who have horse floats or trailers that aren’t able to utilise their existing entry track.

The Gibson Football Club advised that they are happy to adhere to the conditions raised by the Pleasure Riders Club.

Officer’s Comment

It is recommended that Council support the Gibson Football Club by allowing the increase to the lease area to enable the club to complete their proposed clubroom extensions.

As the lease with the Gibson Football Club is a land only lease, the Club will be responsible for all maintenance and repairs to the extended building, should their proposal go ahead. The club is aware that they will need to obtain the relevant approvals from the Shire of Esperance in regard to the extensions.

Both clubs have advised that they support the changes to their respective lease areas, including the conditions put forward by the Pleasure Riders Club.

Consultation

Parks and Reserves

Administration Officer - Statutory Division

Technical Officer – Design

Esperance Pleasure Riders Club

Gibson Football Club

Financial Implications

Lease amendment fee of $220 Inc GST

Asset Management Implications

Nil

Statutory Implications

Local Government (Function and General) Regulation 1996 – Section 30 Dispositions of property excluded from Local Government Act Section 3.58.

Local Government Act 1995 – Section 9.49A Execution of Documents

Land Administration Act 1997 – Section 18 Crown Land Transactions that need Minister’s approval

Policy Implications

COR004 – Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

Support our businesses to grow, adapt and assists n building capacity

Develop partnerships to actively support economic growth

Corporate Business Plan 2013/2014 – 2016/2017

Manage the Shire’s leases and insurances

Environmental Considerations

Nil

Attachments

a ⇩.	Gibson Football Club - Proposal
b ⇩.	Lease Area Overview
c ⇩.	Confirmation from Gibson Football Club
d ⇩.	Confirmation from Pleasure Riders Club

Officer’s Recommendation

That Council, subject to approval from Department of Lands, agrees to;

1. Amend the lease area for the Gibson Football Club for portion of Reserve 25639 Lot 141 Starr Street, Gibson;

2. Amend the lease area for the Esperance Pleasure Riders Club portion of Reserve 25639 Lot 141 Starr Street, Gibson;

3. Esperance Pleasure Riders Club retaining access to their lease area via their existing gate and use of the road to access this gate; and

4. Relevant permits and approvals being obtained from the Shire prior to the extensions being undertaken by the Gibson Football Club.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 207

Item: 12.3.2

Change of Rate Zone on Lot 24 Hills Road, Myrup

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

File Ref: D17/26581

Applicant

Shire of Esperance

Location/Address

Executive Summary

A ratepayer has requested that the rate zone of their property is changed to be consistent with neighbouring properties.

Recommendation in Brief

That Council request the Minister for Local Government to change the rate zone for Lot 24 Hills Road, Myrup from GRV to UV Rural based on current zoning of the property and consistency with neighbouring properties.

Background

Mr Neil Hoey has requested the Shire changes the rate zone on his property Lot 24 Hills Road, Myrup. Currently the property has a rate zone of GRV and Mr Hoey is requesting it is changed to UV Rural.

Local Planning Scheme # 24, recently gazette in August 2017, has changed the Zoning of this property from Rural Residential to Rural Small Holdings and a small portion has a Rural Residential zoning. The property size is 128,540m².

Neighbouring properties to this property currently have a rate zone of UV Rural so the change would keep the property consistent with others in the area.

The property has an outbuilding on the Rural Residential zoning portion of the property that has been recently approved as a dwelling. Mr Hoey resides on the property in the dwelling.

The property is currently rated as GRV therefore a change in rate zone will require a different method when calculating the rates. UV Rural rates are calculated using the valuation of the property. Landgate has provided an estimate valuation for the property and based on 2017/18 rates would result in approximately $600 increase in rates from the property. If the effective date is determined mid-way through 2017/18 then the calculation would be pro rata based.

As per “Changing Methods of Valuation of Land” Local Government Operational Guideline # 2 after Council approval to change the rate zone, Council then needs to make a submission to the Minister. Following the Minister’s approval a notice is published in the Government Gazette. The effective date of the change will be determined by the Minister and will be specified in the notice.

Officer’s Comment

Mr Hoey has requested this change in rate zone and after considering other neighbouring properties and the land use it is appropriate to support changing the rate zone to UV Rural.

Consultation

Landgate

Financial Implications

The change in valuation method may change the amount of rates raised.

Asset Management Implications

Nil

Statutory Implications

Section 6.28 Local Government Act (1995)

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Corporate Business Plan 2013/2014 – 2016/2017

Provide responsible resource and planning management for now and the future

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 210

Item: 12.3.3

Centenarian Waiver of Rates Request

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

File Ref: D17/26967

Applicant

Helen Johnston

Location/Address

N/A

Executive Summary

For Council to grant a waiver of rates for Centenarian.

Recommendation in Brief

That Council;

· Waive the ratepayer’s portion of rates for assessment 11288, in the name of Mrs Joan Kefford, effective from 1 July 2017 and for future years whilst Mrs Kefford resides at the property.

· Requests the CEO to draft a policy addressing Centenarians’ waiver of rates.

Background

Mrs Helen Johnston has written to Council requesting a waiver of rates for her mother’s property as she has recently become a centenarian. (See attachment A).

Mrs Joan Kefford who resides on her own at her property 46 Burton Road, Castletown has recently turned 100 years young. Mrs Johnston has provided a copy of the letter from the Queen congratulating Mrs Kefford on her centenarian status. Council also acknowledged this milestone at her birthday celebrations held at the Senior Citizens Centre with a speech from Shire President Brown, flowers and a card.

The Shire’s financial records show that for at least the past 20 years Mrs Kefford has always paid her rates on time and in full.

Officer’s Comment

Currently there is no Council Policy on such requests.

In view of this request and possible future requests it would be prudent to create a policy if Council agrees to waiver the rates for Mrs Kefford so consistency can be applied to any further centenarians.

Consideration needs to be given to the following points when creating the policy:

· Proof the ratepayer has become a centenarian

· Who are the owners of property

· Centenarian’s percentage of ownership

· Any pensioner concessions provided by State Government

· Does the centenarian reside at the property

On this occasion Mrs Kefford is the sole owner of the property, resides at the property and is a centenarian. It would be a lovely gesture for Council to waiver Mrs Kefford’s rates in recognition of her outstanding milestone.

Consultation

Nil

Financial Implications

The financial implications arising from this report is the reduction of rates of $1025.17 (net of pension rebate) for the 2017/18 financial year and future rates for the property whilst Mrs Kefford resides at the property.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Corporate Business Plan 2013/2014 – 2016/2017

Provide responsible resource and planning management for now and the future

Environmental Considerations

Nil

Attachments

a ⇩.

Letter from Helen Johnston

Officer’s Recommendation

That Council;

· Waive the ratepayer’s portion of rates for assessment 11288, in the name of Mrs Joan Kefford, effective from 1 July 2017 and for future years whilst Mrs Kefford resides at the property.

· Request the CEO to draft a policy addressing Centenarians’ waiver of rates.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 November 2017 Page 286

Item: 12.4.2

Common Seal Useage October 2016 to October 2017

Author/s	Helen Hall	Executive Assistant
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D17/26395

Applicant

Executive Services

Location/Address

Windich Street, Esperance.

Executive Summary

For Council to receive the Common Seal Register.

Recommendation in Brief

That Council receive the register containing information relating to the use of the Shire of Esperance Common Seal.

Background

The Chief Executive Officer and the Shire President are jointly authorised to affix all seals jointly to documents for dealings initiated by a Council resolution. In this regard, the Council resolution need not refer to the sealing action and may only express its wish for certain action which may, ultimately, require the affixing of the seal to a document to achieve the Council’s intention.

Exceptions to the above are:

1. Council staff may take independent action in the use of the seal if, in the opinion of the Shire President and Chief Executive Officer jointly such action is necessary to protect Council’s interest; e.g. Lodging of caveats and easements and being of the opinion that the protection is no longer necessary, the Shire President and Chief Executive Officer may jointly withdraw the protection.

2. The disposition of Council property for which a Council resolution is required expressly stating that the final document be signed and sealed and the transaction finalised.

A detail of all instances where the seal has been affixed is recorded in both a signed register and an electronic register, which is available for inspection by Councillors during normal office hours. This register will be tabled at an Ordinary Council Meeting annually to be received by Council.

Officer’s Comment

Both the signed register and the electronic register are available for inspection by Councillors during normal office hours. A copy of the electronic register will be tabled at an Ordinary Council Meeting annually to be received by Council.

Consultation

WALGA

Financial Implications

Nil

Strategic Implications

Nil

Statutory Implications

LGA – 9.49a Execution of Documents

Environmental Considerations

Nil

Attachments

a ⇩.

Common Seal - October 2016 to October 2017

Officer’s Recommendation

That Council receive the report titled The Shire of Esperance Common Seal Usage for the period October 2016 to October 2017.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 November 2017 Page 291

Item: 12.4.3

Appointment of Representatives - Esperance Museum Management Committee

Author/s	Sarah Fitzgerald	Corporate Reporting & Governance Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D17/27825

Applicant

Esperance Museum Management Committee

Location/Address

N/A

Executive Summary

The Esperance Museum Management Committee requires representatives to be appointed as members to enable the Committee to meet and discuss proposed changes to their Terms of Reference

Recommendation in Brief

That Council reappoints members to the Esperance Museum Management Committee

Background

At a Special Council Meeting held on 7 November 2017, it was proposed to amend the Terms of Reference (TOR) for the Esperance Museum Management Committee in order for it to comply with the recently adopted Esperance Museum Strategic Plan 2017-2023. These changes were rejected as Council sought to consult with the Committee before amending the role and designated powers and duties.

The Esperance Museum Strategic Plan 2017-2023 clearly redefines the roles and responsibilities of the Museum Management Committee. This document was produced after extensive consultation with the Museum user groups and the Museum Management Committee over an 18 month period. Council adopted the Esperance Museum Strategic Plan 2017-2023 at the September 2017 Ordinary Council Meeting.

Also at the 7 November 2017 Special Council meeting, a separate item recommended that, if the proposed amendments had been accepted, all positions should be made vacant, and the new Committee be appointed under the new Terms of Reference. Given the recommendation was not supported, at this time; it would be beneficial to reappoint the current members of the committee to all positions for a meeting/s to occur for the primary purpose of reviewing the TOR and ensuring compliance to the Strategic Plan. This was deemed to be the position of Council however the minutes from the meeting did not reflect this as all positions were made vacant. Therefore the committee, as per the minutes of the SCM held 7 November, cannot meet to discuss the proposed changes to the Terms of Reference, as required by Council, until an advertising period is completed and positions appointed.

Officer’s Comment

Within the Esperance Museum Strategic Plan 2017-2023, it is now recognised that all actions are to be driven by the Shire’s Museum Administration team. With the adoption of the Strategic Plan the role of the Museum Management Committee has now changed from a managing and operating focus to an implementation and reference role. The current members of the Museum Management Committee were actively involved in the Museum Strategic Plan and it would be appropriate that they also be the key proponents for changes to the TOR.

To meet the requirement of Council, by ensuring an appropriate level of consultation and understanding is carried out with the existing Museum Management Committee, it is recommended that the vacancies for this Committee are not advertised, and the current members are reappointed to the Committee as they were before the Ordinary Election day of Council, for a three month period, until 28^th February 2018. This will allow sufficient time for the existing committee to revisit the purpose and strategies within the Esperance Museum Strategic Plan and provide time for Shire staff to work with the Committee on a way forward in the successful operation of the Esperance Museum, fostering the ongoing relationship with all Museum stakeholders.

Consultation

Nil

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995

Standing Orders Local Law 2015

Policy Implications

Terms of Reference - Council Committees

Strategic Implications

Strategic Community Plan 2012 - 2022

Community Leadership

Work together to enhance trust participation and community pride

Actively engage and communicate with the community to ensure informed decision-making

Corporate Business Plan 2013/2014 – 2016/2017

L3.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation

That Council

1. Reappoint the current members of the Esperance Museum Management Committee, for a period of 3 months, expiring on 28 February 2018. The current members of the Committee being:

· Beverley Drabik Esperance Bay Historical Society

· John Guest Esperance Bay Historical Society

· Wendy Plunkett Esperance Bay Historical Society

· Brendan Freeman Esperance Bay Historical Society

· Kevin Young Esperance Mechanical Restoration Group

· Glenys Gilpin Esperance Family History Society

· Jean Handley Community Representative

2. Request for the Terms of Reference for the Museum Management Committee to be updated, in consultation with the existing Committee that ensures compliance with the Esperance Museum Strategic Plan 2017-2023 and return to Council for adoption.

Voting Requirement Absolute Majority

a ⇩.	Information Bulletin - October 2017
b ⇨.	GVROC Council Minutes - Friday 13 October - Under Separate Cover
c ⇩.	Register - Delegations Discharge - Corporate Resources
d ⇩.	Appreciation Letter - Esperance Senior High School - Funding of Minds Language Literature
e ⇩.	Appreciation Letter - Donation for the WA Police Legacy Ball 2017 - WAP
f ⇩.	Appreciation Letter - Cancer Foundations Footy Colours Day 2017 - Fight Cancer Foundation
g ⇩.	Congratulations Letter - Hon. Colin de Grussa MLC - DFES Volunteer Employee Recognition Awards

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	Alli McArthur	Trainee Administrative Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

a ⇩.	Esperance Roadwise Committee - 2 October 2017
b ⇩.	Esperance Museum Managment Committee - 18 October