Agenda of Ordinary Council

Ordinary Council: Agenda

24 April 2018 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 24 April 2018

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

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 27 March 2018 be confirmed as a true and correct record.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Development Application - Domestic Swimming Pool and Screen Wall - Lot 50 (57) Peek Road, West Beach

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

File Ref: D18/6538

Applicant

Cambuild on behalf of R & C King

Location/Address

Lot 50 (57) Peek Road, West Beach

Executive Summary

That Council consider Development Application 10.2018.3756.1 for a Domestic Swimming Pool and Screen Wall at Lot 50 (57) Peek Road, West Beach

Recommendation in Brief

That Council resolve to approve Development Application 10.2018.3756.1 for a Domestic Swimming Pool and Screen Wall at Lot 50 (57) Peek Road, West Beach subject to conditions.

Background

An application was submitted to Planning Services on 14 March 2018 seeking Planning Approval for a Swimming Pool and Screen Wall at Lot 50 (57) Peek Road, West Beach. As part of the application, a variation was proposed to the side boundary setback required in Special Control Area 7C (Blue Haven and Second Beach) under Clause 7.3(ii) of Schedule 2 of Local Planning Scheme No. 24.

The proposed variation to Clause 7.3(ii) of Schedule 2 of Local Planning Scheme No. 24 triggers a requirement for the consideration of Council regardless of any objections or non-objections to the proposal.

A non-objection from the adjoining affected landowner was provided as part of the application.

Officer’s Comment

Lot 50 (57) Peek Road is zoned Residential (No R-Code Density) and is affected by Special Control Area 4 – Esperance Groundwater Protection Area Priority Area 3, and Special Control Area 7C – Blue Haven and Second Beach Special Control Area.

The only proposed variation is to Clause 7.3(ii) of Schedule 2 of Local Planning Scheme No. 24 which requires a minimum side or rear setback of 10 metres, which may be reduced to 5 metres at the discretion of local government. The proposed screen walls are proposed at a setback of approximately 4.2 metres from the boundary which triggers the requirement for the consideration of Council.

Consultation

Normally under Schedule 2, Part 8, Clause 64(1)(c) of the Planning and Development (Local Planning Schemes) Regulations 2015, an application such as this would require advertising. However, as the proposal only affects one adjoining landowner who has provided a non-objection to the applicant, the need for advertising can be waived as the proposed variation is of a minor nature.

Financial Implications

Application fees totalling $147.00 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 2012 - 2022

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 ⇩.

Plan

Officer’s Recommendation

That Council resolve to approve Development Application 10.2018.3756.1 for a Domestic Swimming Pool and Screen Wall at Lot 50 (57) Peek Road, West Beach subject to the following conditions:

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

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

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

4) Earthworks are to be in accordance with Australian Standard 3798 Guidelines on Earthworks for Commercial and Residential Developments.

5) 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).

6) The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

7) The approved development shall provide a supply of water adequate to meet the needs of the development. A building permit is required for a water storage tank with a capacity of over 5,000 Litres.

8) 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.

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

10) 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).

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

And the following advice notes:

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

2) The development 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) The Department of Water and Environmental Regulation and Environment Regulation has prepared dust control guidelines for development sites, which outline the procedures for the preparation of dust management plans. Further information on the guidelines can be obtained from the Department of Water and Environmental Regulation and Environmental Regulation’s website www.dwer.wa.gov.au under air quality publications.

6) Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

7) The wastewater for the pool is to be retained on-site as to not cause any nuisance. Soakwells are recommended for the pool wastewater.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 April 2018 Page 16

Item: 12.1.2

Development Applications - Additions and/or Extensions to Dwelling, Outbuilding (Shed), Retaining Walls and associated Earthworks - Lot 133 (134) Johns Street, West Beach

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

File Ref: D18/7236

Applicant

Wells Building Designer and Consultants on behalf of S Liddelow and J Lavender

Location/Address

Lot 133 (134) Johns Street, West Beach

Executive Summary

That Council considers Development Application 10.2018.3740.1 for Additions and/or Extensions to Dwelling, Outbuilding (Shed), Retaining Wall and associated Earthworks at Lot 133 (134) Johns Street, West Beach.

Recommendation in Brief

That Council resolve to approve Development Application 10.2018.3740.1 for Additions and/or Extensions to Dwelling, Outbuilding (Shed), Retaining Wall and associated Earthworks at Lot 133 (134) Johns Street, West Beach subject to conditions.

Background

An application was received on 28 February 2018 for Additions and/or Extensions to Dwelling, Outbuilding (Shed), Retaining Wall and associated Earthworks at Lot 133 (134) Johns Street, West Beach. As part of the application the applicant provided a non-objection from the owner of Lot 132 (136) Johns Street, and a preliminary objection to the proposal from the owner of Lot 134 (132) Johns Street.

Upon receiving the application, the owner of Lot 134 (132) Johns Street was contacted in regards to the preliminary objection and as a result the proposal was referred to the owner of Lot 134 (132) Johns Street to allow for them to consider the finalised plans. The owner of Lot 134 (132) Johns Street provided a formal objection to the proposal on 23 March 2018, with the application subsequently referred back to the applicant to determine which direction the application would take. The applicant subsequently requested that the application be put before Council for determination.

Officer’s Comment

Lot 133 (134) Johns Street, West Beach is zoned Residential R12.5. It is not affected by any Special Control Areas or any special provisions of Local Planning Scheme No. 24.

The Table below outlines the Officer’s assessment of the objections raised by the adjoining landowner in comparison to the Design Principles of the Residential Design Codes.

Objection

Design Principles

Officers Comment

We do not support the requests of setback variations of R- Code in ac-accordance with the Design Principles provisions as we believe it will have negative impacts on amenities and streetscape.

5.1.2 Street Setback

Buildings setback from street boundaries an appropriate distance to ensure they:

- Contribute to, and are consistent with, an establishment streetscape;

- Provide adequate privacy and open space for dwellings;

- Accommodation site planning requirements such as parking, landscape and utilities; and

- Allow safety clearances for easements for essential service corridors.

Buildings mass and form that:

- Uses design features to affect the size and scale of the building;

- Uses appropriate minor projections that do not detract from the character of the streetscape;

- Minimises the proportion of the façade at ground level taken up by building services, vehicle entries and parking supply, blank walls, servicing infrastructure access and meters and the like; and

- Positively contributes to the prevailing development context and streetscape.

1) The majority of dwellings along Johns Street are setback substantially further than the proposed works. There are exceptions to this, particularly Lot 135 (130) Johns Street which has a similarly reduced setback (approximately 4.5 metres.

2) The proposal complies with the privacy and open space provisions of the Residential Design Codes.

3) All parking, landscaping and utility requirements are accommodated on-site.

4) There are no easements that affect the property.

5) Building bulk and mass will be slightly greater than that of a standard single storey dwelling due to the reduced setback and the additional impact of the proposed retaining walls, however the proposed design will still cause less impact than many conventional two storey designs.

6) No minor projections are proposed.

7) The vehicle access and parking occupy less than 50% of the frontage.

8) It is difficult to say whether the proposal will create a negative or positive contribution as the results will be both positive and negative. Positive in the updating of an older dwelling, and negative in the increase in building bulk and mass.

We believe that the proposed front street fencing including the retaining wall portion and its above fence portion is out of character with the area and will also have a negative impact on the streetscape and amenity.

Fencing and retaining walls are treated and assessed separately under the Residential Design Codes.

Few other dwellings along Johns Street possess substantial retaining in close proximity to the street boundary. That there is already an existing retaining wall on the adjoining property that the objector indicates is the same height as the proposed wall does reduce the potential impact of the proposal.

There are a number of examples along Hockey Place and Twilight Beach Road that feature much more substantial front retaining.

It is noted that the proposed front fence, taken in isolation from the proposed retaining wall, complies with the requirements for fencing between a Dwelling and the street boundary.

We believe that the request of variation of setbacks for 134 Johns St for the Dwelling from 7.5 m to 4.5 m to street boundary and Garage from 1m to 0.165m to side boundary combined with the dwelling increased roof height and the final height of front fencing do not contribute to an open expected landscape for our suburban area. On the opposite, the built form becomes the dominant feature of the landscape which will affect streetscape and amenities. The roof and front fencing height and the garage moved forward will detrimentally impact the internal and external amenity of our house.

5.1.3 Lot boundary setback

Buildings setback from lot boundaries so as to:

- Reduce impacts of building bulk on adjoining properties;

- Provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and

- Minimise the extent of overlooking and resultant loss of privacy on adjoining properties.

Buildings built up to boundaries (other than the street boundary) where this:

- Makes more effective use of space for enhanced privacy for the occupant/s or outdoor living areas;

- Does not have any adverse impact on the amenity of the adjoining property.

- Ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and

- Positively contributes to the prevailing development context and the streetscape.

1) The proposal does not reduce the impacts of building bulk on adjoining properties.

2) The proposal allows for adequate direct sun and ventilation to both adjoining properties. It does not result in the overshadowing of more than 25% of either property.

3) The proposal complies with the privacy provisions of the Residential Design Codes.

4) The proposal makes effective use of space for outdoor living.

5) The proposal should not have an adverse impact on the amenity of the adjoining properties. The proposal should result in reduced noise impact through the switch from a carport to an enclosed garage.

6) The proposal allows for adequate direct sun and ventilation to both adjoining properties. It does not result in the overshadowing of more than 25% of either property.

7) It is difficult to say whether the proposal will create a negative or positive contribution as the results will be both positive and negative. Positive in the updating of an older dwelling, and negative in the increase in building bulk and mass.

We do understand that views are not owned but should be shared. The impact on views from our main bedroom and front outdoor living arising from the result of non-compliance of building setbacks is considered unreasonable. The intrusion into the street setback does not contribute to a positive relationship with our dwelling and the streetscape.

While the R-Codes cannot guarantee the protection of views, we are hoping the Shire of Esperance can exercise a degree of control by primary street setbacks and height controls and would be in favour of our proposed compromise. Building height should not create adverse impact on the amenity of the adjoining proper-ties or the streetscape and where appropriate maintains access to views of significance.

Protection of views is not a valid planning consideration.

Excavation works up to 1.482m deep within 0.55 metre of our side boundary far exceeds the deem- to- comply R- Code of 0.5 metres for excavation and the 1 metre setback from the common boundary. Combined with the all concrete driveway to be removed, the excavations have the potential to damage and impact our property located where hard limestone rocks are found. We have serious concerns about the site work impacts to our property and would prefer the

deemed-to-comply requirements to be met for the proposed new retaining wall and its fence.

5.3.7 Site Works

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

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

5.3.8 Retaining Walls

- Retaining Walls that result in land which can be effectively used for the benefit of residents and do not detrimentally affected adjoining properties and are designed, engineered and landscaped having due regard to Clauses 5.3.7 (Site Works) and 5.4.1 (Visual Privacy).

1) The proposed site works do not respond to the natural features of the site, however the site is already developed and has been largely levelled to accommodate the existing development. The proposed retaining wall design is driven more from the viewpoint of practicality so as to create a large flat area for outdoor living.

2) The proposed retaining wall, where adjoining Lot 134 (132) Johns Street is setback from the property boundary by 550mm. As such the finished levels at the boundary should match the existing. The finished levels will not be particularly visible from the street due to the existing and proposed development blocking views.

3) The proposed retaining walls will allow the use of an area of open space for outdoor living purposes. If properly engineered to withstand surcharge loading the retaining walls will not detrimentally affect the adjoining property. As Lot 134 (133) is located at a lower elevation compared to Lot 132 (134), privacy is not a concern.

4) Any damage to adjoining properties as a result of the proposed works will be covered by builders insurance.

A compromise was offered to the applicant by the objector which involved a reduction in the height of the retaining wall and fencing along Johns Street. This was not accepted by the applicant.

Consultation

As part of the application the applicant provided a non-objection from the owner of Lot 132 (136) Johns Street, and a preliminary objection to the proposal from the owner of Lot 134 (132) Johns Street.

Financial Implications

Application fees totalling $800.00 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

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

· Local Planning Scheme No. 24

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

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 ⇩.	Justification
c ⇩.	Preliminary Objection
d ⇩.	Formal Objection

Officer’s Recommendation

That Council approve Development Application 10.2018.3740.1 for Additions and/or Extensions to Dwelling, Outbuilding (Shed), Retaining Wall and associated Earthworks at Lot 133 (134) Johns Street, West Beach subject to the following conditions:

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

2. The land and buildings the subject of this approval shall be used for the purposes of Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 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. Earthworks are to be in accordance with Australian Standard 3798 Guidelines on Earthworks for Commercial and Residential Developments.

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

6. 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.

7. 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.

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

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

10. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

11. The 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.

12. 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).

13. 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.

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

15. Prior to any application for a Building Permit or BUILDING APPROVAL BEING RECEIVED, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Esperance (Health Services), in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

16. Prior to the commencement of development, the existing effluent disposal system(s) shall be decommissioned in accordance with Division 3 of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. Contact Shire Esperance (Environmental Health Services) to obtain the decommission form to be filled in. A pump-out receipt from a licensed liquid waste contractor will need to be provided with form as proof of decommissioning.

17. 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.

18. 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).

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

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

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

AND the following advice notes:

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

2. THIS IS NOT A DEMOLITION PERMIT. An application for a demolition permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to the demolition of any existing building(s) on-site.

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

4. 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.

5. 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.

6. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

7. The Department of Water and Environmental Regulation and Environment Regulation has prepared dust control guidelines for development sites, which outline the procedures for the preparation of dust management plans. Further information on the guidelines can be obtained from the Department of Water and Environmental Regulation and Environmental Regulation’s website www.dwer.wa.gov.au under air quality publications.

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

- Health (Miscellaneous Provisions) Act 1911

- Sewerage (Lighting, Ventilation & Construction) Regulations 1971

- Health Act (Laundries and Bathrooms) Regulations 1971

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 April 2018 Page 68

Item: 12.1.3

Development Application - Extractive Industry License - Lot 246 (897) Alexander Road, Howick

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

File Ref: D18/7526

Applicant

Capewell Pty Ltd ATF the R&E Fowler Family Trust T/A Chilwell

Location/Address

Lot 246 (897) Alexander Road, Howick

Executive Summary

That Council consider Development Application 10.2018.3712.1 for an Extractive Industry (Limestone) at Lot 246 (897) Alexander Road, Howick.

Recommendation in Brief

That Council resolve to approve Development Application 10.2018.3712.1 for an Extractive Industry (Limestone) at Lot 246 (897) Alexander Road, Howick subject to conditions.

That Council resolve to require, as a condition of its approval, a 50% contribution to the full bitumen construction for Alexander Road between Merivale Road and Fisheries Road, and of Merivale Road between the access driveway and Alexander Road.

That Council resolve to consider a 50% contribution ($525,000) to the full bitumen construction for Alexander Road between Merivale Road and Fisheries Road, and of Merivale Road between the access driveway and Alexander Road as referenced in Development Approval 10.2018.3717.1 in the 2018/19 Budget.

Background

An application for Planning Approval for an Extractive Industry (Limestone) was received by Shire of Esperance (Planning Services) on 1 February 2018.

As part of the application the proposal was referred internally to Shire of Esperance (Asset Management Division), as well as being referred externally to the Department of Mines, Industry Regulation and Safety, the Department of Water and Environmental Regulation and the Department of Biodiversity, Conservation and Attractions.

Shire of Esperance (Asset Management Division) has indicated that it will require the following:

1) A 50% contribution to the full bitumen construction for Alexander Road between Merivale Road and Fisheries Road, and of Merivale Road between the access driveway and Alexander Road.

2) No truck access to the unsealed portion of Alexander Road to the South of Merivale Road.

Department of Water and Environmental Regulation (Environment Section) indicates that the proposal may require the issuance of Works Approval given the proposed scale of operations. Applicable clearing permits and environmental surveys will also be required prior to the commencement of Stage 3 of the extractive industry.

Department of Water and Environmental Regulation (DWER) Water Section provided advice (Attachment C) relating only to the matters previously dealt with by the former Department of Water. The specific comments of this agency are detailed in the consultation section of this report and reflect in the recommended conditions.

Department of Mines, Industry Regulation and Safety provided no objection to the proposal.

Officer’s Comment

From a planning perspective, there is no issue with the proposal going ahead subject to appropriate conditions as there have been no objections raised to the proposal.

The application has been referred to Council on the following grounds:

1) Shire of Esperance (Asset Management Division) has requested a 50% contribution to the full bitumen construction for Alexander Road between Merivale Road and Fisheries Road, and of Merivale Road between the access driveway and Alexander Road. This contribution cannot be requested by Shire of Esperance (Planning Services) without the determination of Council.

2) The Extractive Industries Local Law requires as part of its condition for Council to allocate funds to match the 50% contribution from the proponent, which again, requires Council determination.

Although not currently scheduled for this level of upgrade, there are clear benefits to the Shire from the upgrade of Alexander Road from Fisheries to Merivale. These include:

· The road is the access to Alexander Bay, managed by the Shire, which is a key tourist destination in the Shire.

· Road safety is significantly increased with the proposed upgrade to the road, especially considering the tourist traffic and extractive industry heavy traffic will be at its greatest from December to April

· Road maintenance costs will be reduced by sealing the road.

· Sealing Alexander Road will strongly encourage vehicles to head to Fisheries Road thus reducing the cost and damage to Merivale Road.

· The upgrade will negate the need to impose restrictions on road use which may otherwise be required during peak tourism times to protect the safety of other road users.

Consultation

Shire of Esperance (Asset Management Division) has indicated that they will require the following:

1) A 50% contribution to the full bitumen construction for Alexander Road between Merivale Road and Fisheries Road, and of Merivale Road between the access driveway and Alexander Road.

2) No truck access to the unsealed portion of Alexander Road to the South of Merivale Road.

Department of Water and Environmental Regulation (DWER) Environment Section indicates that the proposal may require the issuance of DWER Works Approval given the proposed scale of operations. Applicable clearing permits and environmental surveys will also be required prior to the commencement of Stage 3 of the extractive industry.

Department of Water and Environmental Regulation (DWER) Water Section provided advice (Attachment C) relating only to the matters previously dealt with by the former Department of Water.

The issues raised and the proposed responses are detailed in the table below:

Comment

Response

Although considered to be low risk the proposal does contain some risks to surface water resources including waterways on the site and waterways downstream of the site (Alexander River) and within a high conservation value area. Stage 3 (two areas) of the proposed excavation site is within the closest proximity to waterways. As Stage 3 will require removal of a large vegetated buffer to the waterways (8 ha) this stage of the proposal and in particular the larger of the two areas of this stage is not considered to be in accordance with the principles for best management and protection of waterways.

If the maintenance of appropriate buffers to the site’s waterways and adequate surface water management occurs the risks and impacts of the proposal are considered to be manageable. The department’s advice and recommendations are discussed below.

The site for the proposed extractive industry has two major drainage pathways. The majority of drainage on the excavation site appears to be to the east (affecting Stages 1 and 3) however some drainage also exists to the south east of the site (affecting Stage 2). Drainage from the site is to a tributary of the Alexander River.

A smaller tributary of Alexander River flows from north-west of the site to the central-east where it intersects with a more major tributary of the Alexander River. This more well defined tributary joins the Alexander River to the east of Lot 246.

All stages of the excavation site are considered to be within close proximity to waterways both on site and off site. The consultant’s assertion that closest proximity is 130 m to the waterways is incorrect. The closest distance is approximately 60 m as measured from the boundary of the excavation site to waterways as shown on GIS datasets.

Apply a condition to the Development Approval as follows:

The excavation area is to setback 60 metres from any watercourse.

Apply the following Advice Note to the Development Approval as follows:

In relation to Condition 20 Any construction activities or placement of surface water management structures such as diversion drains, bunds and settling pits around disturbed surfaces and stockpiled material must be located outside of the setback area.

The consultant’s reports states that excavation will retain greater than a minimum of 2 metres separation to the water table. This separation is not based on any guidelines or on site information on groundwater depth however would be acceptable.

Apply a condition to the Development Approval as follows:

Excavation shall occur to a minimum separation distance of 2000 mm above the highest known groundwater level.

The department’s guidelines that the consultant has referred to recommend that a surface water management plan is developed to show how runoff within and from extractive industry and mine sites will be managed. A surface water management plan has not been developed for the proposal which demonstrates how as part of site planning and design surface water will be managed to ensure that surface runoff from the site does not result in off-site erosion. The general measures contained within the Excavation and Management Plan are not considered in accordance with the department’s guidelines for water management including those referenced in section 9.0 Water quality management.

As a minimum any surface water management planning should consider risk of flooding based on minor and major rainfall events and how runoff from disturbed areas will be diverted and managed. While it is acknowledged that given the porous soils the majority of site runoff will be infiltrated at-source the measures used to control surface water for different flow paths and for onsite treatment and retention prior to release need to be specified.

A cross-sectional sketch (Figure 11) shows a bund at the excavation site’s boundary and interface with creekline vegetation. However supporting information is not provided by the consultant regarding the capacity of the bund for instance how it is designed for the volumes of water that are expected to be managed onsite from major runoff events.

Runoff up to the 10 year 2 hour Average Recurrence Interval (ARI) storm event from disturbed areas should be managed to prevent mobilisation of sediments. This could be managed via cut-off drains either directed into roadside or drainage swales, contour bunds or settling pits to achieve effective removal of sediment and turbidity prior to release.

The department expects that surface water control measures are described and illustrated in a plan diagram of the site and in a level of detail in accordance with a consultant’s assessment of the risk to ground and surface water resources.

Apply a condition to the Development Approval as follows:

Prior to the commencement of the development a surface water management plan is to be prepared to the satisfaction of the Shire of Esperance (Planning Services)

Apply the following Advice Notes to the Development Approval as follows:

· In relation to Condition 21 any surface water management planning should consider risk of flooding based on minor and major rainfall events and how runoff from disturbed areas will be diverted and managed. While it is acknowledged that given the porous soils the majority of site runoff will be infiltrated at-source the measures used to control surface water for different flow paths and for onsite treatment and retention prior to release need to be specified.

· In relation to Condition 21 runoff up to the 10 year 2 hour Average Recurrence Interval (ARI) storm event from disturbed areas should be managed to prevent mobilisation of sediments. This could be managed via cut-off drains either directed into roadside or drainage swales, contour bunds or settling pits to achieve effective removal of sediment and turbidity prior to release.

· In relation to Condition 21 surface water control measures that are described and illustrated in a plan diagram of the site and in a level of detail in accordance with a consultant’s assessment of the risk to ground and surface water resource.

Any chemical/fuel storage and refilling areas should be bunded with capacity for storage from a 1 in 20 year ARI event.

Apply a condition to the Development Approval as follows:

Chemical/fuel storage and refilling areas are to be bunded with capacity for storage from a 1 in 20 year ARI event.

Although the department has a preference for protection of native vegetation within the site in the event that a decision is made to approve the extractive industry and all stages inherent with this the department would recommend that rehabilitation to existing land use occurs. For the majority of the site this would require return to pasture however within areas that have existing native vegetation cover (Stage 3) native vegetation should be returned to maintain and protect waterway buffers.

Flora assessment should be used to determine an appropriate suite of species for this purpose and revegetation should occur within a 12 month period following closure of the pit.

Apply an Advice Note to the Development Approval as follows:

In relation to Condition 9 areas that have existing native vegetation cover (Stage 3) native vegetation should be returned to maintain and protect waterway buffers.

Flora assessment should be used to determine an appropriate suite of species for this purpose and revegetation should occur within a 12 month period following closure of the pit.

Department of Mines, Industry Regulation and Safety provided no objection to the proposal.

Public advertising via the Shire of Esperance website was also undertaken with no comments or objections being received during the 35 day referral period.

Financial Implications

Application fees totalling $739.00 were received as part of this application.

Asset Management Implications

Shire of Esperance (Asset Management Division) has requested a 50% contribution to the full bitumen construction for Alexander Road between Merivale Road and Fisheries Road, and of Merivale Road between the access driveway and Alexander Road. The total distance of road to be upgraded is approximately seven (7) kilometers. The estimated cost to upgrade the roads in question is $150,000.00 per kilometer ($1,050,000.00 in total).

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

Based off the advice of the Department of Water and Environmental Regulation and the Department of Biodiversity, Conservation and Attractions it is clear that Stages 1 and 2 of the proposed development present minimal risk to the environment. Appropriate clearing permits and environmental surveys will need to be undertaken prior to the commencement of Stage 3 works.

Attachments

a ⇩.	Application
b ⇩.	DWER (Environmental Section) Comments
c ⇩.	DWER (Water Section) Comments
d ⇩.	DMIRS Comments
e ⇩.	DBCA Comments
f ⇩.	NatureMap Report
g ⇩.	Risk Assessment

Officer’s Recommendations

That Council resolve to approve Development Application 10.2018.3717.1 for an Extractive Industry (Limestone) at Lot 246 (897) Alexander Road, Howick subject to the following conditions:

2. The land and buildings the subject of this approval shall be used for the purposes of industry - extractive only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer to the following definition as extracted from Schedule 1 – Definitions of LPS 24).

“industry – extractive” means premises, other than premises used for mining operations, that are used for the extraction of basic raw materials including by means of ripping, blasting or dredging and may include facilities for any of the following purposes –

a) The processing of raw materials including crushing, screening, washing, blending or grading:

b) Activities associated with the extraction of basic raw materials including wastewater treatment, storage, rehabilitation, loading, transportation, maintenance and administration.

3. An extractive industry licence is required to be issued by the Shire of Esperance (Planning Services) in accordance with the Shire of Esperance Extractive Industry Local Law prior to the commencement of any extractive industry operations occurring on-site. In this regard the following is to be receipted by the Shire of Esperance (Planning Services) to facilitate issuance of such extractive industry licence:

(a) A security bond of $112,500 being paid to the Shire of Esperance with such bond being held for the purpose of ensuring the extraction site is satisfactorily rehabilitated. The bond may be in the form of cash, bank cheque or bank guarantee.

(b) A copy of a current public liability insurance policy taken out in the joint names of the licensee and the Shire of Esperance indemnifying the licensee and the local government for a sum of not less than $10 million dollars in respect of any one claim.

4. Site operations and truck movements from and to the site shall only occur between the hours of 7am and 5pm, Monday to Friday excluding Saturdays, Sundays and public holidays.

5. All plant, equipment and operational procedures used on the premises are to be operated in accordance with statutory obligations under the Environmental Protection Act 1986 or any other Acts. This includes obligations under the Environmental Protection Regulations 1987 and the Environmental Protection (Noise) Regulations 1997.

6. The extraction licence area is to be secured by boundary fencing capable of deterring members of the public from entering the site. Fencing must be continually maintained throughout the duration of the operations to the satisfaction of the Shire of Esperance (Planning Services).

7. Whilst operations are not being undertaken on-site, all site gates are to be locked at all times.

8. Warning signs bearing the words “Danger Excavations – Keep Out” must be erected at 200m intervals around the perimeter of the property.

9. Prior to any rehabilitation and decommissioning works being undertaken on-site, a rehabilitation and decommissioning programme (addressing the requirements of the Shire of Esperance Extractive Industry Local Law) is required to be submitted and approved by the Shire of Esperance.

10. All rehabilitation and decommissioning is to be completed in accordance with the approved programme prior to the return of the security bond.

11. The Shire of Esperance is to be informed in writing of the cessation of the extractive industry operations no later than one (1) week after completion of the rehabilitation works.

12. Prior to the commencement of operations, a soil stabilisation, erosion and dust, sand drift and/or wind borne material control plan shall be submitted to and approved by the Shire of Esperance (Environmental Health Services). The plan so approved shall be implemented for the duration of the site operations at all times.

13. Measures should be in place at the site to ensure that the site drainage does not cause sediment or other contaminants to be discharged off the site (e.g. use of sediment traps or settling ponds) to ensure compliance with Environmental Protection (Unauthorised Discharges) Regulations 2004.

14. Payment is to be made to Shire of Esperance (Asset Management Division) for a a 50% contribution to the full bitumen construction for Alexander Road between Merivale Road and Fisheries Road, and of Merivale Road between the access driveway and Alexander Road.

15. No truck access is permitted to the unsealed portion of Alexander Road to the South of Merivale Road.

16. The following insurances are required prior to and during the operation of the extractive industry:

· Workers Compensation or Personal Accident and Illness Insurance - Insurance against any death of or injury to persons employed by the extractive industry owner as required by the Workers Compensation Act 1987.

· Public Liability Insurance - Insurance against the death or injury to any third party or parties or loss of or damage to any property including loss of use of property whether it is damaged or not whatsoever caused during the course of the extractive industry operation. Public liability insurance in the sum of at least $10,000,000 (ten million dollars) in respect of any one occurrence and for an unlimited number of claims.

· Motor Vehicle & Equipment Insurance - In the case of any motor vehicle and/or equipment used by the extractive industry owner , a motor vehicle and/or equipment insurance covering accidental damage, fire and theft. The policy shall be for a sum not less than the full market value of the vehicle. Where such vehicles are Registered Vehicles, insurance against any injury to any third party or parties under a compulsory third party insurance, and insurance against loss of or damage to any property whatsoever caused by the use of the vehicle when being driven by the extractive industry owner / representative, its employees or any person not employed by the extractive industry owner. The policy shall have a limit of indemnity of not less than $20,000,000 (twenty million dollars).

· Unregistered Vehicles (Plant) - Any plant being used as a ‘tool of trade’ is to be covered by either an extension of the extractive industry owner’s comprehensive motor vehicle insurance or the liability endorsed onto the extractive industry owner’s public liability insurance. Workers compensation or personal accident insurance cover as required by law (whichever may apply). Comprehensive insurance on all plant and equipment.

· The extractive industry owner shall provide updated annual copies of these insurance certificates covering these risks to the Shire of Esperance for the life of the mine.

17. The extractive industry owner must operate under the Occupational Safety and Health Act 1984 and provide the Shire of Esperance a written OSH policy and management plan

18. Upon completion of the extractive industry and maintenance period, the road is to be in good condition in accordance with current road maintenance good practice.

19. Excavation shall occur to a minimum separation distance of 2000 mm above the highest known groundwater level.

20. The excavation area is to setback 60 metres from any watercourse.

21. Prior to the commencement of the development a surface water management plan is to be prepared to the satisfaction of the Shire of Esperance (Planning Services)

22. Chemical/fuel storage and refilling areas are to be bunded with capacity for storage from a 1 in 20 year ARI event

23. This approval may only be transferred in accordance with the Shire of Esperance Extractive Industries Local Law which requires a written application to and the approval of the local government.

24. Each extractive industry license renewal issued will be limited to a maximum period of 12 months. After such time the onus will be on the applicant to seek any desired extension by applying in writing at least 45 days before the date of expiry of the license which, in accordance with the Shire of Esperance Extractive Industries Local Law will be on or before in each year.

25. This Planning Approval is valid for a period of five (5) years only from the date of issuance.

AND the following advice notes:

1. Each extractive industry license renewal issued will be limited to a maximum period of 12 months. After such time the onus will be on the applicant to seek any desired extension by applying in writing at least 45 days before the date of expiry of the license which, in accordance with the Shire of Esperance Extractive Industries Local Law will be on or before 10 of May in each year.

2. Please note this is not an Extractive Industry licence. Development shall not commence until an Extractive Industry licence is issued by the Shire of Esperance (Planning Services) and all relevant conditions of this Planning Approval have been met. As per Condition 3 of this Planning Approval, a security bond and public liability insurance policy documentation is required to be submitted to facilitate issuance of the Extractive Industry Licence.

3. In relation to Condition 9 areas that have existing native vegetation cover (Stage 3) native vegetation should be returned to maintain and protect waterway buffers.

Flora assessment should be used to determine an appropriate suite of species for this purpose and revegetation should occur within a 12 month period following closure of the pit.

4. In relation to Condition 20 Any construction activities or placement of surface water management structures such as diversion drains, bunds and settling pits around disturbed surfaces and stockpiled material must be located outside of the setback area.

5. In relation to Condition 21 any surface water management planning should consider risk of flooding based on minor and major rainfall events and how runoff from disturbed areas will be diverted and managed. While it is acknowledged that given the porous soils the majority of site runoff will be infiltrated at-source the measures used to control surface water for different flow paths and for onsite treatment and retention prior to release need to be specified.

6. In relation to Condition 21 runoff up to the 10 year 2 hour Average Recurrence Interval (ARI) storm event from disturbed areas should be managed to prevent mobilisation of sediments. This could be managed via cut-off drains either directed into roadside or drainage swales, contour bunds or settling pits to achieve effective removal of sediment and turbidity prior to release.

7. In relation to Condition 21 surface water control measures that are described and illustrated in a plan diagram of the site and in a level of detail in accordance with a consultant’s assessment of the risk to ground and surface water resource.

8. An application to renew the Planning Approval and the associated Extractive Industry Licence must be submitted at least forty-five (45) days prior to its expiration (being five (5) years from the date of issuance).

9. It is recommended that a non-potable water supply for operations is used for dust suppression purposes etc.

10. For any application of pesticides it is recommended that the Department of Health or Department of Water and Environmental Regulation be contacted to determine which approved pesticides can be used safely including the volume and rates and method of application.

11. Any intended clearing of native vegetation on-site requires a permit to be issued under Section 51 of the Environmental Protection Act 1986 from the Department of Water and Environment Regulation. It is the responsibility of the applicant to ensure such permit is obtained.

12. Activities such as crushing and screening during extractive industry operations, may be a prescribed premises for the purposes of Part V Division 3 of the Environmental Protection Act 1986 (EP Act) if it is carried out at a rate exceeding 50,000 tonnes per year (Category 12) or between 5,000 and 50,000 tonnes per year (Category 70). The applicant is advised to determine if their proposal would make the premises prescribed and therefore requiring the issuance of Works Approval from the Department of Water and Environmental Regulation.

13. Any screening, washing, crushing, grinding, mill sizing or separating with a production capacity of 5000 tons or more per year will require a Works Approval from the Department of Environment Regulation to construct/set up the facility and a Licence or Registration to operate. It is the responsibility of the applicant to ensure such approvals are in place if required.

14. It is the responsibility of the applicant to ensure that development 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 development.

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

16. The extractive industry owner must operate under the Occupational Safety and Health Act 1984

17. Extractive industry operations are to be in accordance with the Department of Water's Water Quality Protection Note No. 15: Extractive Industries near Sensitive Water Resources. The WQPN guideline specifies that all runoff should be contained on-site initially, to achieve effective removal of sediment and turbidity. It is recommended that any runoff occurring from disturbed areas should pass through settling pits designed and maintained to provide storage for a minimum of two hours runoff resulting from a 10 year average return interval rainfall event. The occurrence of any runoff off site should be monitored following major rainfall events.

Voting Requirement Simple Majority

That Council consider providing a 50% contribution ($525,000) to the full bitumen construction of Alexander Road between Merivale Road and Fisheries Road, and of Merivale Road between the access driveway and Alexander Road as referenced in Development Approval 10.2018.3717.1 in the 2018/19 Budget.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 April 2018 Page 161

Your ref: DD010.2018.00003712.001

Our ref: PA018924

Enquiries: Nicolie Sykora

Phone: 9841 0123

Email: nicolie.sykora@dwer.wa.gov.au

Mr Matthew Scott

Chief Executive Officer

Shire of Esperance

Via email: shire@esperance.wa.gov.au

Attention: Peter Wilks

Dear Mr Scott

PROPOSED EXTRACTIVE INDUSTRY– LOT 246 ALEXANDER ROAD HOWICK

Thank you for providing the Department of Water and Environment Regulation (DWER) with the opportunity to comment on the above proposal. The department does not object to the proposal and provides the following comments.

On July 1 the Department of Water (DoW) merged with the Department of Environmental Regulation and the Office of the Environmental Protection Authority to create the new agency Department of Water and Environmental Regulation (DWER). The former agencies are in the process of amalgamating their functions. Until this fully occurs, please note that the advice in this correspondence relates only to matters previously dealt with by the DoW.

Waterways protection buffers

Groundwater protection

Surface water management

Refuelling

Any chemical/fuel storage and refilling areas should be bunded with capacity for storage from a 1 in 20 year ARI event.

Revegetation

Flora assessment should be used to determine an appropriate suite of species for this purpose and revegetation should occur within a 12 month period following closure of the pit.

Yours sincerely

Nicolie Sykora

Environmental Officer

South Coast Region

13 / 04 / 2018

Ordinary Council: Agenda

24 April 2018 Page 188

Item: 12.1.4

Proposed Council Policy - Trading in Public Places Policy - Activities in Thoroughfares and Public Places and Trading Local Law

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

File Ref: D18/5530

Applicant

Internal (Development and Statutory Services)

Location/Address

Shire of Esperance

Executive Summary

The Council is asked to consider the policy attached associated with the revised Thoroughfares and Public Places and Trading Local Law adopted in 2016.

With the enactment of the new local law is provides an opportunity to examine the conditions associated with any permit or licensed issued In addition it will also enable the development of conditions for any new activities allowed under the revised local law such as trading in a public or thoroughfare.

Recommendation in Brief

That Council

1. Adopt the proposed Trading in Public Places Policy.

2. Undertake community notification to advise of the adoption of the Trading in Public Places Policy.

Background

Council considered a range of draft Policies associated with the revised Activities in Thoroughfares and Public Places and Trading Local Law in its September Ordinary Council Meeting where it was resolved:

O0917-221

That Council

1. Adopt the draft policies for the proposed of public consultation:

· Traders and Itinerant Vendors;

· A-Frame Signage;

· Buskers and Street Entertainers; and,

· Outdoor Eating Facilities in Public Places.

2. Initiate a public consultation process for a period of 21 days that will enable the community to provide input into the final versions of the Council Policy.

The purpose of the review was to provide greater opportunity for the streets and public places within the CBD especially, to be more active and to promote business opportunities.

Adoption of these Council Policies will provide guidance in the approvals process for such activities as:

· Traders and Itinerant Vendors;

· A-Frame Signage;

· Buskers and Street Entertainers; and,

· Outdoor Eating Facilities in Public Places.

Whilst the individual policies will be tailored to the specific activities, their overarching objectives include:

To facilitate the timely assessment and approval of Permits, licenses in accordance with the local law;

To maintain amenity, usability and public safety in public places;

Promote fairness and certainty to traders, permanent business and the community in relation to trading in public places, and;

Promote vibrancy of public places and economic development in the Shire of Esperance.

To protect public places as highly valued environmental, cultural and social assets enjoyed by visitors and residents alike.

To elicit community views the draft policies the community consultation process occurred between the following dates, 9^th October to 30^th October 2017.

Council also considered a proposal for a Traders Permit within the West Beach Carpark in November 2017 when it resolved:

That Council

1. 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.

2. Request the CEO to arrange a Council briefing session to research all suitable locations for temporary traders permits.

Subsequently two of the Policies have since been adopted by Council at the January 2018 Ordinary Council Meeting. The policies adopted are:

1. Advertising Signage in a Thoroughfare or Public Place

2. Street Entertainers and Busking

The Outdoor Eating Facilities in Public Places is under review.

Officer’s Comment

The policy is designed to assist the Shire in the facilitation and management of businesses operating within a thoroughfare or public place on a temporary basis, and to regulate this type of activity to ensure equity and fairness to all business proprietors.

The activities included in the policy are:

· Itinerant Food Vendors

· Stall holders

· Mobile Food Vendors

· Market Operators

The Policy will also provide strategic guidance to the locations where Mobile Food Vendors will be permitted.

As Council may be aware the Traders Permit proposal at West Beach Carpark is being reviewed by the State Administrative Tribunal (SAT). Based on the verbal discussions during the SAT mediation process, the orderly planning and management of mobile food vendors in the Shire that is a strategic direction should progress as the outcomes of any council decision will not adversely impact the tribunal’s actions.

As stated in the policies objective, its intent is to

Allow outdoor unique and high quality vending activities in a manner that improves the access, usage, quality and image of the Shire’s public realm whilst managing the competing needs and interests of pedestrians, consumers and local business proprietors

Council will note that the policy also provides support for Mobile Food Vendors to operate where other approvals will be required, such as Cape Le Grand National Park and Bandy Creek Boat Harbour. Furthermore, the Policy will enable formal lease areas to be placed within the local law framework. This will apply to areas such as the Jetty Headland and Twilight Beach providing a clear and more uniform approach across the shire. This approach has a significant benefit as it avoids falling under the local planning framework, which may require consultation with the Department of Planning Lands and Heritage.

The Policy will require the setting of differential permit fees to acknowledge the variances in the areas where trading will be permitted. In essence the permit fees will be similar to those of the existing lease areas.

Consultation

Either external people/organisations contacted, also include internal consultation if the matter crosses over departments

Financial Implications

The Shire will receive fees associated with the processing and reissuance of any permits.

Fees associated with the permits will be listed in the reviewed Schedule of Fees and Charges.

Asset Management Implications

Nil

Statutory Implications

Food Act 2008

Liquor Licensing Act 1988

Local Government Act 1995

Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2016

Policy Implications

The adoption of the policies will provide for the efficient administration of the revised Activities in Thoroughfares and Public Places and Trading Local Law 2016.

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

Environmental Considerations

Attachments

a ⇩.

DRAFT Policy -Trading in Public Places Policy

Officer’s Recommendation

That Council:

1. Adopt the Trading in Public Places Policy

2. Undertake community notification to advise of the adoption of the Trading in Public Places Policy.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 April 2018 Page 210

Item: 12.1.5

Proposed Closure of Portion of Black Street and Incorporation into Reserve 29727

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

File Ref: D18/7651

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Portion of Black Street adjacent Reserve 29727

Executive Summary

That Council resolve to close the indicated portion of Black Street and amalgamate it with Reserve 29797.

Recommendation in Brief

That Council:

1. Request the Minister of Lands to close the road reserve known as a portion of Black Street under Section 58 (1) of the Land Administration Act 1997 and amalgamate the aforementioned portion of closed road with Reserve 29727.

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

Background

The lagoon pool extension to the Bay of Isles Leisure Centre was completed in 1999. At the time Black Street was realigned to its current location. It has since become apparent that a number of actions were not undertaken that were incidental to the construction of the road being the closure of a portion of the road occupied by the extended Bay of Isles Leisure Centre.

At it’s Ordinary Council Meeting held on 25 November 2014, Council resolved (O1114-019):

That Council:

1. Request the Minister of Lands to close the road reserve known as a portion of Black Street under Section 58 (1) of the Land Administration Act 1997.

2. Request the Minister of Lands dedicate the indicated portions of Reserves 3287 and 30202 as part of the Black Street road reserve.

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

Subsequent to this resolution the proposal was forwarded to the then Department of Lands and a portion of Point 2 of the resolution was completed on Deposited Plan 407018.

Officer’s Comment

Advice has been received from the Department of Planning, Lands and Heritage requiring a new resolution to close a portion of Black Street as the original request that was made did not link the closure of the portion of the road with its amalgamation with Reserve 29727.

Once the resolution of Council is forwarded to the Department of Planning, Lands and Heritage – Land Services they will proceed to issue survey instructions which will address all of the outstanding issues on the original resolution.

Consultation

This proposal has been previous advertised and the requirement for a new resolution is a result of liaison with the Department of Planning, Lands and Heritage – Land Services.

Financial Implications

Once the proposal has been formally adopted by Council, all costs associated with the road closure process in regard to 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.

The Department of Planning, Lands and Heritage – Land Services has advised that as the proposal deals with Crown land the only costs would be those associated with Sections 56 and 58 of the Land Administration Act 1997 being the advertising and survey costs.

Asset Management Implications

The portion of Black Street in which a portion of the Bay of Isles Leisure Centre built in will place the entire development within Reserve 29797

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

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 ⇩.

Proposed Road Closure and Incorporation into Reserve 29727

Officer’s Recommendation

That Council:

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 April 2018 Page 215

Item: 12.1.6

Senior Citizen Centre Lease Negotiations - Request for Extension

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

File Ref: D18/8222

Applicant

Esperance Senior Citizen Centre Inc.

Location/Address

Senior Citizen Centre, Forrest St, Esperance

Executive Summary

The Senior Citizen Centre Management Committee Inc. have written to Council requesting the start date for new Lease arrangements be deferred until 1st July 2018.

Recommendation in Brief

That Council approve the request from the Senior Citizen Management Committee Inc to commence the new Lease arrangements for the Senior Citizen Centre from 1st July 2018.

Background

The Shire of Esperance and Esperance Senior Citizen Centre Inc. have operated under a Licence Agreement for the use of the Esperance Senior Citizen Centre since 1986. During this time the Shire covered the operating costs of the Centre as well as providing a part time administration staff member and cleaning arrangements.

The Licence Agreement expired on 30 June 2017.

At the Ordinary Council meeting in July 2017, Council resolved:

“That Council enter into a standard Lease Agreement with the Esperance Senior Citizen Centre Management Committee Inc. for a term of 5 years and provide annual operating grants to the committee as per Option 3 as considered.”

Option 3 of the Item being;

“Enter a Lease Agreement and incrementally transfer the operating costs to the Esperance Senior Citizen Centre Management Committee Inc.

Introducing a Lease Agreement instead of a Licence Agreement will provide the Senior Citizens with exclusive use of the building. The Lease Agreement would be the shires standard Community and Sporting Groups Lease, which would then make the Senior Citizens responsible for many of the costs the Shire is currently covering.

Issues regarding current staff would apply and transitional arrangements would need to be phased in as additional costs would need to be borne by the Senior Citizens.

Council could enter into a standard lease with the Senior citizens and provide an annual operating grant for $50,000 in year one of the lease, reducing the operating grant by $10,000 each year over the term of the lease.”

Officer’s Comment

The changes being implemented are substantial and it has taken some time for the full effect of the process to be accepted by the Senior’s group.

The Senior’s, while initially very cautious, now understand and agree to these changes and are keen to ensure they have appropriate measures in place to manage the added administrative and financial responsibilities these changes will provide them. That being said the committee doesn’t yet have the resources to manage the Centre under requirements of the proposed lease and MOU.

The Senior’s group have sought assistance from Mr. Shayne Flannagan (formerly of the GEDC) who has been helping them appreciate their new role in this process. They have proactively requested assistance and have adopted a positive approach to planning a way forward however this is a slower process than expected.

All discussion with the Senior’s group have been aimed at implementing these changes as soon as possible and redeployment of the part time admin assistant has been undertaken with a short term interim arrangement put in place.

At the last meeting with the Senior’s group, the Shire officers requested a date whereby the Senior’s group felt comfortable in having the new arrangements in place. By letter, they have now requested that a 1^st July 2018 date for implementation be considered.

The delay leaves the seniors without secure tenure over the Centre but provides no real disadvantage to the Shire and so the request, which will clearly makes the transition more comfortable for our senior citizens, is supported.

Consultation

N/A

Financial Implications

There are no adverse financial implications arising from this recommendation.

Asset Management Implications

N/A

Statutory Implications

N/A

Policy Implications

N/A

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

Nil

Officer’s Recommendation

That Council approve the request from the Senior Citizen Management Committee Inc. to commence the new Lease arrangements for the Senior Citizen Centre from 1 July 2018.

Voting Requirement Simple Majority

12.2 Asset Management

Nil

Ordinary Council: Agenda

24 April 2018 Page 218

12.3 Corporate Resources

Item: 12.3.1

Policy Review - External Services

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

File Ref: D18/7374

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the section of the Policy Manual that relates to External Services.

Recommendation in Brief

That Council endorse the External Services policies inclusive of amendments, inclusions and deletions as reviewed.

Background

A review of Council Policies is recommended to take place every two years, in line with Council elections to ensure that the Policies are in keeping with community expectations, relevance and current requirements.

Officer’s Comment

The following is a summary of recommended changes to the existing External Services policies. Please refer to Attachment A for details.

External Services
Policy Name	Ref No.	Recommended Amendment
Living on Board Vessels	EXT 001	Change document controller title
Refuse and Recycling Collection Services	EXT 002	Minor formatting
2,4-D High Volatile Ester Use	EXT 003	Change document controller title
Applications Lodged by Staff or Elected Members	EXT 004	Change document controller title, remove planning scheme number.
Refusal of Planning Applications	EXT 005	Change document controller title Added Land Use and Government Department paragraphs
Non Refundable Development Services Application Fees	EXT 006	Change document controller title
Retaining Walls	EXT 007	Change document controller title
Kerb & Footpath Bonds	EXT 008	Change document controller title
Geotechnical Testing Requirements for Structures	EXT 009	Change document controller title
Method for Determining Climate Zone for Properties Located Outside Esperance Townsite	EXT 010	Change document controller title
Wind Load Rating	EXT 011	Change document controller title
Outdoor Eating Facilities in Public Places	EXT 013	Change document controller title and Manager title in 2.1.1
Recreational Activities on Council Foreshore	EXT 015	Amended document controller
Dividing Fences	EXT 016	Change document controller title
Borrowing of Museum Exhibits	EXT 017	Change document controller title
Commercial Use of Halls	EXT 018	Rescind Policy. This policy in effect makes the use of the Civic Centre, BOILC, Caravan Park and GSG unusable for any commercial activity which is contrary to how they operate. It should also be noted that the Thoroughfares and Public Places Local Law and associated policies will still apply.
Civic Centre Hire Fees Not to be Waived	EXT 019	Updated document controller title
Arts Collection Policy	EXT 020	Change document controller title
Museum Village Markets	EXT 021	Insert document controller title Minor formatting Amend reference to Thoroughfare local law in point 4
Fire Management – Roadside Burning	EXT 022	Update document controller title Minor formatting and amend department name in point 6.
Sanitation and Recycling	EXT 023	No Change
Bushfire Management	EXT 024	Update document controller title, minor formatting changes
Esperance Seafront Caravan Park Pricing	EXT 025	New Policy Res O0717-169
Sporting Association Ground Fees	EXT 026	New Policy Res O0717-169
Museum Collection Policy	EXT 027	New Policy Res O0917-214
Street Entertainers and Busking	EXT 028	New Policy Res O0118-013
Advertising Signage in Thoroughfare or Public Place	EXT 029	New Policy Res O0118-013, amend point 1 under ‘size, structure and stability of signs’ section.

Policy EXT 014 – Public Art is excluded from this review as this is currently being revised and will form part of the Asset Management policy review.

Consultation

Middle Management

Directors

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 s.2.7(2)(b) ‘Determine the Local Government’s policies’

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Community confidence and trust in Council

Provide transparent and accountable leadership

Corporate Business Plan 2017/2018 – 2020/2021

Manage Corporate Support

Environmental Considerations

Nil

Attachments

a ⇩.

Policy Review - External Services

Officer’s Recommendation

That Council endorse the External Services policies inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 April 2018 Page 340

Item: 12.3.4

Long Term Financial Plan Review

Author/s	Shane Burge	Director Corporate Resources
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/8162

Applicant

Shire of Esperance

Location/Address

N/A

Executive Summary

For Council to consider adopting the revised Long Term Financial Plan 2018/19 – 2027/28.

Recommendation in Brief

That Council adopt the revised Long Term Financial Plan 2018/19 – 2027/28

Background

In February 2009, the Minister for Local Government announced a package of statewide-ranging local government reform strategies that were aimed at achieving greater capacity for local government to better plan, manage and deliver services to their communities with a focus on social, environmental and economic sustainability.

One of the requirements was to develop and review a long term financial plan (LTFP) that is a ten year rolling plan that informs the Corporate Business Plan to activate Strategic Community Plan priorities. From these planning processes, annual budgets that are aligned with strategic objectives can be developed.

The LTFP indicates a local government’s long term financial sustainability, allows for early identification of financial issues and their longer term impacts, shows the linkages between specific plans and strategies, and enhances the transparency and accountability of the Council to the community.

The LTFP is a high level document that should be supported by detailed information based upon assumptions, projected income and expenditure, capital work schedules, key performance indicators and scenario modeling.

Forecasts should underpin the LTFP and aim to quantify the future impacts of current decisions and identify the available options to close the gap between revenues and expenditure. Forecasting informs decision making and priority setting and assists in the management of the local government’s response to community growth or contraction. It will also assist in the management of cash flows and funding requirements, community assets and risk. There should be a high level of accuracy in the forecasts for the first 2 – 3 years, a good level of accuracy for years 4 and 5 and a reasonable level of accuracy for the remaining 5 years of the plan.

Officer’s Comment

The following information explains the major financial assumptions applicable to the Long Term Financial Plan and the major assumptions that have been used to develop the plan.

Employment Expenses

Increases in employment expenses have three main elements. These are

1. Increases contained in the enterprise agreement

2. Increases and movements of levels within the current workforce and;

3. Additional positions that are required to meet the strategic direction of the Council and the growth of the community.

Employee costs are estimated to increase by 2.75% for the term of the plan. Note that this increase is reflective of the Shires contribution to employment expenses and does not take into account any increases or decreases in fully funded positions such as Homecare.

Materials and Contracts

Increases in Materials and contracts are in line with the Local Government Cost Index of 2% plus an additional 0.2% to take into account the estimated growth in the Shire of Esperance.

Utility Charges

Utility charges have been factored in to increase by 3% for the life of the plan, except in the 2022/23 year where additional costs for the purchase of gas at the BOILC has been taken into account.

Loan Borrowings and Repayments

Loan repayments are calculated on loan schedules that are currently in existence and the estimation of any future loan borrowings. The LTFP has proposed loan borrowings of $4m for a new waste facility, and $2.2m for a future stage of Flinders Estate. It is proposed that any future sales of land within the Flinders Estate will firstly repay debt before any further proceeds are placed into the Land Development Reserve.

Reserve Transfers

Transfer to Reserves are in line with existing reserve calculations that are contained within the 2017/18 budget and increased by 2% to take into account inflation factors. In areas such as the airport or waste management these transfers could change if their net operating results changed. Continual scrutiny and review of the fees being charged in these areas are essential to ensure sufficient money is being captured in the reserves to pay for large capital expenditure in future years. Interest on Reserve holdings has been calculated at 2.5% and is reinvested into the reserve.

Rate Revenue

Rate yield increases are forecast for 4.5% for 2018/19 and for the following 5 years of the plan until the rates increases reduce to 3% for the remainder of the plan. It is estimated that the additional income that is generated that is higher than normal operational requirements will be spent on closing the asset management gap that the Shire currently has. It is estimated that the asset management gap will be closed within approximately 6 years with the plan having either sufficient expenditure on asset renewal or savings within specific reserves for future asset renewal.

Operating Grants

An increase of 2% has been allowed for in the LTFP. Although this funding source is somewhat unknown as political and economic factors can influence any increases that the different levels of government may offer, a small increase has been assumed to cater for general inflation increases.

Fees and Charges

Fees and Charges that Council has discretion over has been increased by 3% for the term of the plan.

Capital Grants

Road grants from the Regional Roads Group have been estimated at the existing levels, averaged from the past two years. Regional Road Group is a competitive process and application has to be made each year for specific projects, the allocations can therefore fluctuate significantly. Roads to Recovery grants have been maintained for the life of this plan.

A large number of the capital projects are reliant upon grants from external sources. If the funding from these sources does not eventuate the projects may need to be reviewed or alternate funding sourced.

Capital Expenditure

Capital Expenditure is in line with existing Asset Management Plans and has been increased by 2% in line with expected inflation figures

Road expenditure is in line with existing annual allocations and increased by 2% in line with expected inflation. Additional expenditure is expected to be increased over the life of the plan to help address the asset management gap in the transport area and more specifically rural road re-sheeting. For the 2018-19 year this additional money that is proposed to be spent on rural road re-sheeting amounts to $500,000 compared to the 2017/18 year.

The 10 year capital works program has been developed in two formats showing both a source of funding format and also whether the asset is renewal, upgrade or new. As identified in the capital grants section a number of key infrastructure projects are heavily reliant upon external grant funds. If external funding from these projects does not eventuate to the amounts as indicated in the plan then the scope of each capital project will need to be revisited or the project postponed until further funding is sourced.

Consultation

The Corporate Business Plan and Strategic Community Plan have been referenced and consulted in developing the plan.

A number of workshops were held with Council to go through a number of scenarios and assumptions.

Financial Implications

Although the adoption of the Long Term Financial Plan does not have any financial implications, the annual budget will be drafted in line with year 2 of the Long Term Financial Plan.

The LTFP also documents the implications of sustainability for the Shire over a 10 year period and the implications from a financial perspective of the assumptions that underpin the plan.

Asset Management Implications

The Long Term Financial Plan sets out the strategies to close the life cycle gap and still ensure service delivery is maintained at an acceptable level to the community.

Statutory Implications

Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 Section 19 outlines what is required of Planning for Future documents.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Civic Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

Corporate Business Plan 2017/2018 – 2020/2021

L2.6 Annual Review of Long Term Financial Plan

Environmental Considerations

Nil

Attachments

a ⇨.

Long Term Financial Plan 2018/19 - 2027/28 - Under Separate Cover

Officer’s Recommendation

That Council

1. Adopt the Long Term Financial Plan 2018/19 – 2027/28.

2. Request the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

24 April 2018 Page 386

Item: 13.3

Ralph Bower Adventureland Park Implementation Plan

Author/s	Tamara Garrett	Administrative Assistant Asset Management
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D18/7729

Applicant

Internal

Location/Address

Ralph Bower Adventureland Park

Executive Summary

Based on the key recommendations from the Ralph Bower Adventureland Park Management Plan 2016-2021 a detailed implementation plan has been prepared by the Adventureland Park Management Committee and Shire staff. The Working Group is requested to review the implementation plan and provide feedback.

Recommendation in Brief

That Council endorse the Ralph Bower Adventureland Park Implementation Plan for 2018.

Background

The Ralph Bower Adventureland Park 2016-2021 Management Plan was developed by the Adventureland Park Management Committee in 2016 to guide the development of the park over the next five years. The Management plan was also endorsed by both the Working Group and the Council in 2017.

The Ralph Bower Adventureland Park is classified as a Regional Park in the Shires Playgrounds and Public Open Space Strategic Plan and is scheduled for a significant upgrade in the 2018/19 financial year.

Officer’s Comment

Since the endorsement of the Management Plan the Adventureland Park Management Committee and Shire staff have been working on a detailed implementation plan which clearly identifies all of the proposed projects including upgrades of the play equipment, basketball court, kids bike track, footpaths, seating, shelters and landscaping with all of the projects now fully costed and prioritised. See attached.

The Management Committee understands the Shires allocated funding for 2018/19 will not cover all of the proposed projects and are committed to seeking additional funding from other sources to assist with the continued development of the park.

As the community consultation process outlined in the Playgrounds and Public Open Space Strategic Plan Section 6, please see below, has not followed the same process for the Ralph Bower Adventureland Park playground upgrade, it is requested Council acknowledge the community consultation process undertaken and accept that adequate community consultation has taken place.

The following 6 steps are proposed to form the basis of community consultation for each park development:

1) Letter drop to all residents in the catchment area inviting them to provide comment of their park and attend an onsite workshop.

2) Conduct an onsite workshop with users completing a survey on their park.

3) Review and asses results of the survey to determine what type and style of facilities are important to the neighbourhood.

4) Develop a draft concept plan based on the results of the survey.

5) Present plan back to the community for comment.

6) Make any changes to the final plan if required.

Consultation

The Adventureland Management Committee

Southern Ports as the Lessor (see comments below)

Southern Ports supports the proposed development plan to upgrade Adventureland Park and see’s any such improvement a benefit to the community.

We note the information provided below [All playgrounds will be constructed in accordance with the Australian Standards. Other projects will be in accordance with relevant standards. As per the lease the Shire holds the appropriate insurances. Projects undertaken by any community groups in the plan will be supervised by the Shire] and trust any addition’s/construction of equipment will take into consideration that it is ultimately Port land and may one day be required for Port purposes.

Furthermore the development is to be in accordance with the Lease Agreement of Part Reserve 28207 between Southern Ports Authority and Shire of Esperance dated 18 March 2016 and follow the Shire approval process.

Financial Implications

Council has allocated $218,545 in the long term financial plan for 2018/19 which is consistent with the POS Strategy.

Asset Management Implications

The Implementation Plan is consistent with Parks Asset Management Plan

Statutory Implications

Nil

Policy Implications

The Implementation Plan is consistent with Playgrounds and POS Strategic Plan

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

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

A variety of accessible sport and recreation opportunities and activities

Environment

Provide equitable access for all users to our environment whilst balancing the protection of natural assets

Corporate Business Plan 2017/18 – 2020-21

Coordinate implementation schedule of Public Open Space Strategy.

Environmental Considerations

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

Attachments

a ⇩.

Ralph Bower Adventureland Park Implementation Plan

Committee Recommendation

That Council endorse the Ralph Bower Adventureland Park Implementation Plan for 2018.

Officers Recommendation

That Council:

1) Endorse the Ralph Bower Adventureland Park Implementation Plan for 2018; and

2) Accepts the consultation undertaken as part of the Ralph Bower Adventureland Park Management Plan review satisfies the requirements of Community Consultation in the Playgrounds and Public Open Space Strategic Plan.

Voting Requirement Simple Majority

a ⇩.	Information Bulletin - April 2017
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇨.	Interplan Report - March 2018 - Under Separate Cover
d ⇨.	Interplan Quarterly Report - January - March 2018 - Under Separate Cover

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

Policy Name	Ref No.	Recommended Amendment
Elected Member Entitlements	EXE 007	Update document controller. Update travel, meals and child care allowances as per Salaries and Allowances Tribunal. Include paragraph for training and amend conference and seminar section.

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

a ⇩.	Esperance Roadwise Committee - 12 March 2018
b ⇩.	Esperance Visitor Centre Management Committee - 13 March 2018
c ⇩.	Youth Advisory Committee - 26 March 2018
d ⇩.	Ralph Bower Adventureland Park Working Group - Minutes - 28 March 2018