Agenda of Ordinary Council

Ordinary Council: Agenda

24 July 2018 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 24 July 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

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 26 June 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

Local Planning Scheme No. 24 - Amendment No. 2 - Support with Modifications

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

File Ref: D18/13511

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Shire of Esperance

Executive Summary

For Council to consider supporting draft Amendment No. 2 for approval subject to modifications as a result of the public exhibition that was undertaken as well as the internal assessment of the Amendment during the same period.

Recommendation in Brief

1. In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 2 with proposed modifications to address issues raised in the submissions; and

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

Background

The amendment was presented to Council for initiation at the Ordinary Council meeting held on 27 February 2018, where Council resolved (O0218-042):

That Council:

1. In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

I. Amending the Scheme Map by reclassifying Lot 55 on Plan 14436 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

II. Amending the Scheme Map by reclassifying Lot 55 on Plan 21354 and Lot 56 on Plan 9537 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

III. Amending the Scheme Map by reclassifying Lot 42 on Plan 20900 from ‘Residential’ to ‘Infrastructure Services’ as depicted on the Amendment Map.

IV. Amending the Scheme Map by reclassifying Reserve 41524 from ‘Residential’ to ‘Drainage / Waterway’ as depicted on the Amendment Map.

V. Amending the Scheme Map by reclassifying Reserve 36283 to ‘Local Road’ from ‘Residential’ as depicted on the Amendment Map.

VI. Amending the Scheme Map by reclassifying Reserve 36284 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

VII. Amending the Scheme Map by rezoning the truncation of Matthews Street from ‘Residential’ adjacent to Lot 18 Mitchell Street to ‘Local Road’ as depicted on the Amendment Map.

VIII. Amending the Scheme Map by rezoning Lot 67 on Diagram 53908 and Lot 68 on Diagram 36921 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

IX. Amending the Scheme Map by reclassifying Lot 55 on Diagram 51917 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

X. Amending the Scheme Map by reclassifying Reserve 36285 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map

XI. Amending the Scheme Map by reclassifying Reserve 36286 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XII. Amending the Scheme Map by reclassifying Lot 55 on Plan 13085 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XIII. Amending the Scheme Map by reclassifying Lot 56 on Diagram 54354 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XIV. Amending the Scheme Map by reclassifying Reserve 51247 from ‘Residential’ to ‘Infrastructure Services’ as depicted on the Amendment Map.

XV. Amending the Scheme Map by reclassifying Lot 55 on Plan 23781 and Lot 1037 on Plan 39959 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XVI. Amending the Scheme Map by reclassifying Lot 132 on Plan 9468 from ‘Residential’ to ‘Infrastructure Services’ as depicted on the Amendment Map.

XVII. Amending the Scheme Map by reclassifying Lot 155 on Plan 13851 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XVIII. Amending the Scheme Map by reclassifying Lot 155 on Plan 9200 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XIX. Amending the Scheme Map by reclassifying Lot 157 on Plan 13851 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XX. Amending the Scheme Map by reclassifying Lot 55 on Plan 9296 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXI. Amending the Scheme Map by reclassifying Lot 0 on Plan 2339 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXII. Amending the Scheme Map by reclassifying a portion of Lot 166 on Plan 2260 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXIII. Amending the Scheme Map by reclassifying Lot 162 on Plan 28909 from ‘Residential’ to ‘Infrastructure Services’ as depicted on the Amendment Map.

XXIV. Amending the Scheme Map by reclassifying Lot 55 on Plan 21242 and Lot 220 on Plan 22657 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXV. Amending the Scheme Map by reclassifying Lot 221 on Plan 22657 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXVI. Amending the Scheme Map by reclassifying Lot 222 on Plan 22657 and Lot 115 on Plan 20600 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXVII. Amending the Scheme Map by reclassifying Lot 156 on Plan 13884 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXVIII. Amending the Scheme Map by reclassifying Lot 205 on Plan 20600 from ‘Residential’ to ‘Infrastructure Services’ as depicted on the Amendment Map.

XXIX. Amending the Scheme Map by reclassifying Lot 207 on Plan 21242 from ‘Residential’ to ‘Infrastructure Services’ as depicted on the Amendment Map.

XXX. Amending the Scheme Map by reclassifying Lot 155 on Plan 12765 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXXI. Amending the Scheme Map by reclassifying Lot 55 on Plan 13885 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXXII. Amending the Scheme Map by reclassifying Lot 56 on Plan 13543 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXXIII. Amending the Scheme Map by reclassifying Lot 57 on Plan 13534 from ‘Residential’ to ‘Local Road’ as depicted on the Amendment Map.

XXXIV. Amending the Scheme Map by reclassifying a Portion of Reserve 38163 from ‘Rural Residential’ to ‘Public Open Space’ as depicted on the Amendment Map.

XXXV. Amending the Scheme Map by reclassifying a Portion of Reserve 21557 from ‘Urban Development’ and ‘Local Road’ to ‘Public Open Space

XXXVI. Amending the Scheme Map by reclassifying a portion of South Coast Highway from ‘Environmental Conservations’ to ‘Important Distributor Road’ as depicted on the Amendment Map.

XXXVII. Amending the Scheme Map by replacing ‘SCA4C’ with ‘SCA4C – P1, SCA4C – P2 and SCA4C – P3’ as depicted on the Amendment Map.

XXXVIII. Amending the Scheme Map by replacing ‘SCA4G’ with ‘SCA4G – P1, SCA4G – P2 and SCA4G – P3’ as depicted on the Amendment Map.

XXXIX. Amending the Scheme Map by inserting ‘SCA4 – WHPZ’ as depicted on the Amendment Map.

XL. Amend Schedule 2 Clause 5 (g)(ix) by replacing it with:

‘For the purposes of this Scheme the groundwater reserves will be deemed to be as per the relevant Drinking Water Source Protection Plan and a wellhead protection zone of with a 500 metres radius around each production bore in a Priority 1 area and a 300 metres radius around each production bore in Priority 2 and Priority 3 and where a wellhead protection zone from a drinking water production bore in a Priority 1 area extends into a Priority 2 or Priority 3 area the wellhead protection zone will be generally circular with a 300m radius within the Priority 2 or Priority 3 area will apply unless the Department of Water and Environmental Regulation indicates otherwise.

XLI. Amending the Scheme Map by applying SCA7F to Lot 70 Stewart Street and Lots 76, 77, 79 and 81 Twilight Beach Road as depicted on the Amendment Map.

XLII. Amending the Scheme Map by amending the boundary of SCA9 as depicted on the Amendment Map.

XLIII. Amending the Scheme Map by amending the alignment of the ‘Primary Distributor Road’ in Reserve 32259 and Lots 214, 282 and 850 Norseman Road as depicted on the Amendment Map.

XLIV. Amending the Scheme Map by reclassifying the portion of road at the intersection of Fisheries and Merivale Road from ‘Special Use’ to ‘Local Distributor Road’ as depicted on the Amendment Map.

XLV. Amend the Scheme Map by amending the Road Widening on DP 75548 from ‘Rural Smallholdings’ to ‘Primary Distributor Road’ as depicted on the Amendment Map.

XLVI. Amending Clause 14 Table No. 1 Reserve objectives by inserting after the first dot point with the Local Road reserve ‘To set aside land for use as a pedestrian access way.’

XLVII. Amending Schedule 2 Clause 7 by inserting a new clause 7.6 as follows:

‘7.6 Special Control Area 7F

In addition to the general development requirements in clause 7(d) of Schedule 2, the following apply specifically to lots as indicated on the Scheme Map as SCA 7F –

(i) Prior to the subdivision of this land, a Structure Plan will be required to be prepared for the area and approved by the local government and the WAPC. The Structure Plan is to include road widening or the provision of a service road to limit access to Twilight Beach Road.

(ii) Front Setback

i. Minimum of 7.5 metres to Twilight Beach Road;

ii. Where fronting any road other than Twilight Beach Road, a minimum front setback of 7.5 metres applies unless otherwise varied under a Structure Plan.

(iii) Side and Rear Setbacks

In accordance with the requirements of R10 as specified in the Residential Design Codes unless otherwise assigned a different density under a Structure Plan.’

XLVIII. Amending Schedule 2 Clause 9.(d) by removing ‘and’ at the end of subclause (i).

XLIX. Amending Schedule 2 Clause 9.(d) by renumbering subclause (ii) to subclause (iii).

L. Amending Schedule 2 Clause 9.(d) by inserting the following as subclause (ii):

LI. ‘(ii) Esperance Coastal Hazard Adaptation Strategy by BMT JFA Consultants; and’

LII. Amending Schedule 3 Additional Use A6 by inserting ‘Art Gallery’ as a ‘D’ use.

LIII. Amending Schedule 3 Additional Use A6 by amending the permissibility of ‘Holiday Accommodation’ to an ‘A’ use.

LIV. Amending Schedule 3 Additional Use A6 by inserting ‘Holiday House’ as a ‘D’ use.

LV. Amending Schedule 3 Additional Use A6 by inserting ‘Office’ as a ‘D’ use.

LVI. Amending Schedule 3 and the Scheme Map by adding an Additional Use with the following:

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A20

Lot 1 Dempster Street, Esperance

Residential

As a ‘D’ use:

· Shop

· Reception Centre

As an ‘I’ use:

· Restaurant/café

1. The shop is not to have a net Floor Area in excess of 44m².

2. The use of the shop is limited to no more than 28 times per year.

3. The Restaurant/café use is incidental to the Shop.

4. The use of the Reception Centre is limited to no more than 14 times per year.

5. The additional uses are not permitted to cause, require or result in permanent works on the site.

LVII. Amending Schedule A Clause 61 (1) by replacing ‘unless located in a Special Control Area’ with ‘irrespective of it being located in a Special Control Area unless otherwise specified’.

LVIII. Amending Schedule A Clause 61 (1) (l) by deleting ‘,dams and soaks’.

LIX. Amending Schedule A Clause 61 (1) by inserting after (l) and renumbering the clause accordingly ‘The construction of dams and soaks in the Rural zone in compliance with the setback standards contained in Schedule 6 and located outside of any Special Control Area’.

LX. Amending Schedule A Clause 61 (1) (m) by deleting ‘Rural Smallholdings and’.

LXI. Amending Schedule A Clause 61 (1) (o) by inserting ‘in the Residential and Rural Townsite zone’ after ‘dwelling’.

LXII. Amending Schedule A Clause 61 (1) (s) by inserting ‘Rural zone;’ before ‘Rural Residential’.

LXIII. Amending Schedule A Clause 61 (1) (t) by inserting after requirements ‘and located outside of any Special Control Area’.

LXIV. Amending Schedule A Clause 61 (1) (u) by inserting after site ‘and certified by a qualified Engineer as being suitable for surcharge loads where applicable’.

LXV. Amending Schedule A Clause 61 (1) (w) by deleting ‘ in a zone where the R Codes do not apply’.

LXVI. Amending Schedule A Clause 61 (1) (x) by inserting after levels ‘and certified by a qualified Engineer as being suitable for surcharge loads where applicable’.

LXVII. Amending Schedule 1 Clause 6 (a) by inserting ‘and development’ after ‘All subdivision’.

LXVIII. Amending Schedule 1 Clause 16 by inserting a new clause (c) as follows:

‘(c) On site effluent disposal systems will not be permitted within SCA4-WHPZ unless it is consistent with a relevant Government Sewerage Policy.’

LXIX. Amending Schedule 1 Clause 16 by inserting a new clause (d) as follows:

‘(d) On a site identified as being located within the Priority 2 within a public drinking water source area only one on site effluent disposal is permitted and furthermore effluent disposal is limited by Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas.’

LXX. Amending Schedule 5 Special Use SU4 by inserting a new clause 1.4 as follows:

‘1.4 Minor variations to the development standards of the Subdivision and Development Guide Plan may be approved by the local government subject to clause 3.0 and clause 64 of the deemed provisions’

LXXI. Amending Schedule 5 Special Use SU3 by renumbering subclause b)(ii) to b)(iii) and the second b)(i) to b)(ii).

LXXII. Amending Schedule 2 SCA 6 (b)(i) by adding ‘ and’ after ‘;’.

LXXIII. Amending Schedule 2 SCA 6 (b)(ii) by replacing ‘; and’ with ‘.’.

LXXIV. Amending Schedule 2 SCA 6 (d)(vi) by adding ‘ and’ after ‘;’.

LXXV. Amending Schedule 2 SCA 6 (d)(vii) by replacing ‘; and’ with ‘.’.

LXXVI. Amending Schedule 1 Clause 35 (a) by replacing it with:

‘(a) In addition to Clause 61 of the deemed provisions (Schedule 2) contained in the Planning and Development (Local Planning Schemes) Regulations 2015 where a mining operation in the rural zone is proposed development approval of the local government is not required subject compliance with subclause (b).

(b) In considering proposals to commercially extract minerals, the Local Government will exercise its discretion to inform the Minister for Mines and the Minister for Planning in writing that the granting of a mining lease or general purpose lease is either consistent with or contrary to the provisions of the Scheme and the Local Planning Strategy.’

LXXVII. Amending the Scheme by updating all numbering so that the Scheme is internally consistent.

2. Determining that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(c) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g) any other amendment that is not a complex or basic amendment.

3. Refer Amendment 2 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

This amendment is now brought back for Council consideration.

Officer’s Comment

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

The EPA advised the Shire of Esperance via letter dated 3 April 2018 that after consideration of the LPS 24 Amendment No. 2 documentation, that the proposed scheme amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations on the Scheme Amendment.

Upon receiving the advice from the EPA, LPS 24 Amendment No. 2 was advertised for public comment in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The advertising was commenced on 13 April 2018 and closed on 1 June 2018 being a period of 49 days.

Modifications are proposed to the amendment as a result of the advertising and are outlined in the Schedule of Submissions (Attachment D).

Further modifications are proposed to correct numbering as a consequence if the gazettal of Amendment No. 1 as well as addressing omissions from an existing clauses. A modification is proposed to the effluent disposal standard within the public drinking water source area to satisfy the Water Quality Protection Note No. 70 – Wastewater treatment and disposal – domestic systems. A further modification is proposed to incorporate SCA4 over the Salmon Gums Catchment Area Drinking water source protection plan.

A modification is proposed to change the permissibility of ‘Art Gallery’ from ‘A’ to ‘I’ to ensure that it is incidental in the ‘Residential’ zone.

A modification is proposed to the height limit for the ‘Residential’ zone to reflect that special control areas can vary the height limit outside of the current clause.

The Department of Planning, Land and Heritage – Planning also advised that a definition for eco-tourism can be incorporated into the Scheme and this is supported due to the use being referenced in several clauses.

A modification is proposed to the objective to the ‘Cultural and Natural Resource Zone’ to allow a reserves purpose to be used as an indicator of permitted land uses. In association with this a number of reserves that have recently been vested with the Tijuk Foundation Pty Ltd are proposed to be shown as ‘Cultural and Natural Resource Zone’ where they currently have an incompatible reserve classification, on the Scheme map.

A modification is proposed to insert Lot 502 South Coast Highway into Schedule 4 Restricted Use 2 as this lot is already shown on the Scheme Map but has been omitted from the table.

A modification is proposed to amend the exemption for signage to allow two signs up to a cumulative area for property transaction signs rather than one sign to the same area as a maximum.

Consultation

· Advertising notice in the Esperance Express – 13 April 2018;

· Notices on the Shires public information boards;

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

· Referral letters to government departments and servicing agencies; and

· Referral letters to land owners adjacent to Additional Use A20.

At the close of the advertising period a total of twenty (20) submissions (Attachment B) were received. A late submission was also received (Attachment C). All submissions received have been addressed in in the Schedule of Submissions (Attachment D).

One issue that raised the majority of comment, both for (5 submissions) and against (4 submissions) the issue, was the proposal for Additional Use A20. Many of the concerns raised are dealt with by development approval when applied for however specific reference is made to the comments that relate to noise. To address the concerns raised in the submissions the frequency of the ’Shop’ and ‘Restaurant’ uses at Dempster Homestead has been reduced by 50%. In addition to the requirement for a development to comply with the Environmental Protection (Noise) Regulations 1997 all the lots that the complaints were lodged from are also located within Special Control Area No. 1 the Port and Transport Corridor Special Control Area which identifies land that is adversely affected by the Esperance Port and the transport corridor.

Given the existing noise impacts on properties affected by Special Control Area 1 – Port and Transport Corridor, which occur at all hours, it is difficult to justify any objection to the amendment for the Dempster Homestead on the grounds of noise when something as simple as a requiring compliance with the Environmental Protect (Noise) Regulations 1997 and restricting hours of operations as a condition of Development Approval would substantially reduce any potential noise impact on the objecting parties.

In addition to the advertising the modification proposed that impacts on the ‘Cultural and Natural Resources Zone’ and lots recently vested with the Tijuk Foundation Pty Ltd was forwarded to and discussed with Esperance Tjaltjraak Services Pty Ltd. As a result of these discussions modifications are proposed to a number of reserves.

A minor modification is also proposed to Schedule 10 – Exempted Advertisements to allow a maximum of two property transaction signs with previous area for one sign now being the maximum cumulative area. This modification is to take into account that many properties are joint listed.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 24

Policy Implications

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

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

Environmental Considerations

Nil

Attachments

a ⇨.	Amendment No. 2 as advertised - Under Separate Cover
b ⇨.	Submissions recieved during consultation period - Under Separate Cover
c ⇨.	Submission recieved after consultation period - Under Separate Cover
d ⇩.	Schedule of Submissions

Officer’s Recommendation

That Council:

1. In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support points 1 – 65, 69 – 74 and 76 of draft Amendment No. 2 with the proposed modifications to address issues raised in the submissions:

a) Amending Schedule 1 Clause 11 (iii) by replacing the word ‘or’ after ‘half’ with ‘of’.

b) Amend amendment point 64 by replacing ‘in a zone where the R Codes do not apply’ with ‘in accordance with an adopted Fencing Local Law’.

c) Amending Schedule A Clause 61 by inserting as point 2:

‘(2) Development approval of the local government is not required for the following uses—

(g) Street trading and outdoor eating facilities on public places in accordance with the local laws on trading in thoroughfares and public places (as amended).’

d) Amend amendment point 56 by replacing ‘irrespective of it being in a Special Control Area unless otherwise specified’ with ‘unless required by a Special Control Area or other provision of the Scheme’.

e) Amending the Scheme Map by reclassifying a portion of Lot 100 (4) Giles Street, West Beach from ‘Public Open Space’ to ‘Education’

f) Amend amendment point 36 by replacing ‘Environmental Conservations’ with ‘Environmental Conservation’ and ‘Important Distributor Road’ with ‘Primary Distributor Road’.

g) Amend amendment point 40 by replacing ‘Clause 5 (g)’ with ‘Clause 4 (f).

h) Amend the Scheme Map reclassifying portions of Reserves 25891 and 31540 from ‘Public Open Space’ to ‘Local Distributor Road’

i) Amending the Scheme Map by reclassifying Reserve 19874 from ‘Rural’ and ‘SCA 10’ to ‘Infrastructure Services’.

j) Amend the Scheme Map by reclassifying Reserves 2788 and 20044 from ‘Rural’ and ‘SCA 10’ to ‘Environmental Conservation’.

k) Amend Clause 7 (1)(a) by deleting ‘including any supplementary provisions as outlined in Schedule A of the scheme text’.

l) Amend Clause 15 (3) by inserting ‘government, public authority or’ before ‘local government’.

m) Amend Table 4 by adding the land use of ‘Outbuilding’ follows:

USES

ZONES

Residential

Rural

Rural Residential

Rural Smallholdings

Rural Townsite

Light Industry

General Industry

Commercial

Local Centre

Mixed Use

Tourism

Private Community Purposes

Outbuilding

n) Amend Schedule 1 Clause 29(a) by replacing ‘Erection of’ with ‘Irrespective of the classification of an outbuilding as an I use in Table No. 4 the erection of’.

o) Amend Schedule 1 Clause 29(a) by replacing ‘.’ with ‘; and’.

p) Amend Schedule 1 Clause 29 by inserting:

‘(b) Where an outbuilding has been constructed in accordance with subclause (a) it is not to be used for commercial or industrial purposes; and

(c) Where an outbuilding has been constructed in accordance with subclause (a) it is not to be used for human habitation.’

q) Amend the Scheme map by reclassifying Reserve 37460 from ‘Rural’ to ‘Local Road’.

r) Amend the Scheme by inserting a new clause after Clause 4.(d)(ii) in Schedule 2 stating:

(iii) Despite any other provision of the Scheme planning approval cannot be issued for a development that contains the storage of fuel or chemicals without referral to the Department of Water and Environmental Regulation and the Local Government is to have due regards to recommendations and advice received from that authority when determining applications.

s) Amend the Scheme by inserting the ‘, Department of Primary Industries and Regional Development’ after ‘Department of Biodiversity Conservation and Attractions’ in SCA 10 (d)(i).

t) Amend the Scheme by inserting a new clause into SCA 10(d) stating ‘Guidelines of the Commissioner of Soil and Land Conservation (WA) for the protection of landscapes including but not limited to maintenance of soils.’ Note that this modification will require the ‘and’ to be removed from SCA 10(d)(iii) and the ‘.’ replaced with ‘; and’ in SCA 10(d)(iv).

u) Amend the Scheme by inserting ‘and the Commissioner of Soil and Land Conservation (WA)’ after ‘Department of Water and Environmental Regulation’ in SCA 10 (f)(i).

v) Amend the Scheme by replacing the ‘ and’ after ‘Department of Biodiversity Conservation and Attractions’ in in SCA 10 (f)(i) with ‘,’.

w) Amend amendment point 55 by replacing ’28 times’ with ’14 times’ on point 2 of the Development Standard/Conditions.

x) Amending the Scheme Map to show Lot 185 (37) Foy Street, Esperance as ‘Residential’ with a density of ‘R30’.

y) Amending the Scheme Map to show SCA4C as per Figure A4 in the Condingup Water Reserve Drinking Water Source Protection Review (Report WRP 164 October 2017).

z) Amending the Scheme Map to show SCA4-WHPZ for bore 6-83 as per Figure A4 in the Condingup Water Reserve Drinking Water Source Protection Review (Report WRP 164 October 2017).

2. Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 2 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015 support points 66 – 68 and 75 of the draft Amendment No. 2 with the following modification in addition to those raised in the submissions:

a) Amend amendment point 66 by replacing ‘Clause 16’ with ‘Clause 17’.

b) Amend amendment point 67 by replacing ‘Clause 16’ with ‘Clause 17’.

c) Amend amendment point 68 by replacing ‘Clause 16’ with ‘Clause 17’.

d) Amend amendment point 68 by replacing ‘On a site identified as being located within the Priority 2 within a public drinking water source area only one on site effluent disposal is permitted and furthermore effluent disposal is limited by Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas.’ With ‘On a site identified as being located within the Priority 2 or 3 area within a public drinking water source area only one on site effluent disposal system is permitted and furthermore effluent disposal is limited by Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas and Water Quality Protection Note No. 70 – Wastewater treatment and disposal – domestic systems.’

e) Amend amendment point 75 by replacing ‘Clause 35’ with ‘Clause 36’.

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

a) Amend Schedule 1 Clause 30 by inserting before the full stop ‘or a single house, grouped dwelling or multiple dwelling is constructed on the lot’.

b) Amend the Scheme Map to show SCA4SG-P1 as per Figure A3 in the Salmon Gums Catchment Area Drinking water source protection plan (Report WRP 143 September 2013).

c) Amend Table 4 by modifying the permissibility of ‘Art Gallery’ to an ‘I’ use in the ‘Residential’ zone.

d) Amend Clause 27.(b) in Schedule 1 by inserting ‘in Schedule A’ after ’61 (k)’

e) Amend Clause 26. By inserting a new clause after Clause (6)(d) stating:

‘(e) The height limit as outlined in subclause (b) may be varied by a special control area or other applicable clause within the Scheme.’

f) Amend Clause 37.(1) by inserting ‘eco-tourism means ecologically sustainable tourism with a primary focus on experiencing natural areas that fosters environmentally and cultural understanding, appreciation and conservation;’ and sorting the list alphabetically.

g) Amend the definition in Clause 16.(2) for the ‘Cultural and Natural Resource Zone’ by inserting ‘Allow land uses that are associated with the reserve purpose.’ Before the last dot point.

h) Amend the Scheme Map to show the portion of Reserve 53170 currently reserved as ‘Environmental Conservation’, Reserve 53171, and the portion of Reserve 53177 currently reserved as ‘Environmental Conservation’ as ‘Cultural and Natural Resource Zone’.

i) Amend the Scheme by inserting the following into Table No. 2 in Clause 15:

No.

Description of land

Additional use

Conditions

AR9

Portion of Reserve 53177

In accordance with the Conditions

1. Development is to be in accordance the objectives of the Cultural and Natural Resource Zone as per Clause 18.(7)(d).

j) Amend the Scheme Map to show the portion of Reserve 53177 currently reserved ‘Public Open Space’ as ‘Additional Use Reserve’ with a label of AR9.

k) Amend Schedule 4 Restricted Use R2 by inserting ‘ and Lot 502 South Coast Highway’ after ‘Lot 15 Harbour Road’ in the Description of land.

l) Amend Schedule 10 Temporary Signs amending (b) by replacing ‘One sign’ with ‘Two signs’ and ‘Each sign is not to exceed an area of 2m²’ with ‘The total area of signs is not to exceed 2m²’.

m) Amend Schedule A Clause 61 (1) (m) by replacing ‘Zones’ with ‘zone’.

n) Amend Amendment point 69 by inserting ‘Land Use’ after ‘3.0’.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 July 2018 Page 55

Item: 12.1.4

Stop Puppy Farming Consultation

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

File Ref: D18/16878

Applicant

West Australian Local Government Association

Location/Address

N/A

Executive Summary

The State Government recently released a Public Consultation Paper explaining its commitment to introduce laws to stop puppy farming.

WALGA is seeking a Council-endorsed response to the Consultation Paper by Friday, 3 August 2018.

Recommendation in Brief

That Council endorses the Shire’s Response to the State Government “Stop Puppy Farming” consultation paper as per Attachment A.

Background

The McGowan Government recently in May 2018 a Consultation paper explain its commitment to introduce laws to:

· Stop puppy farming and the supply chains that support this industry;

· Improve the health and welfare of dogs in Western Australia; and,

· Stop the overbreeding of dogs.

The Government aims to implement the following key elements of the Stop Puppy Farming Policy:

· Mandatory de-sexing of dogs unless an exemption is requested for breeding purposes or for reasons stated by a registered veterinarian;

· A centralised registration system to ensure every dog and puppy can be identified at the point of sale or adoption, including in advertisements for sale; and

· The transition of pet shops into adoption centres that will only sell puppies and dogs from approved rescue organisations and animal shelters;

· Mandatory standards for dog breeding, housing, husbandry, transport and sale.

The West Australian Local Government Association along with the West Australian Local Government Professionals are members of the Ministerial Working Group overseeing the Stop Puppy Farming Initiative. Both these groups have advocated for a separate consultation process in regards to this initiative.

The Stop Farming Local Government Consultation Paper has been designed for Local Governments to consider and comment on the recommended actions and proposed implementation process of the stop puppy farming proposals.

Officer’s Comment

The State Government aims to implement the following key elements of the Stop Puppy Farming Policy:

· Mandatory de-sexing of dogs unless an exemption is requested for breeding purposes or for reasons stated by a registered veterinarian.

· A centralised registration system to ensure every dog and puppy can be identified at the point of sale or adoption, including in advertisements for sale.

· The transition of pet shops into adoption centres that will only sell puppies and dogs from approved rescue organisations and animal shelters.

· Mandatory standards for dog breeding, housing, husbandry, transport and sale.

Shire staff have considered the State Government’s proposals and completed the WALGA Local Government Consultation Paper (refer Attachment A) for submission by the 1 August 2018 deadline.

Consultation

West Australian Local Government Association

Ranger Services

Financial Implications

In a separate process, the Department of Local Government, Sport and Cultural Industries is soon to develop a cost modelling project aimed at collecting current information about the cost to Local Governments to administer the Dog Act 1976 and the projected costs associated with implementation of the Stop Puppy Farming Initiative.

Asset Management Implications

N/A

Statutory Implications

The statutory implications associated with this item are

Dog Act 1976

Shire of Esperance Dogs Local Law 2009

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

An organisational and community culture that encourages innovation and embraces change

Proactively lead the community through innovation and change

Environmental Considerations

N/A

Attachments

a ⇨.

Shire Comment - Consultation Paper - WALGA - Stop Puppy Farming Local Government Consultation - Under Separate Cover

Officer’s Recommendation

That Council endorses the Shire’s Response to the State Government “Stop Puppy Farming” consultation paper as per Attachment A

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 July 2018 Page 57

12.2 Asset Management

Item: 12.2.1

Esperance Extension to the State Barrier Fence

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

File Ref: D18/15100

Applicant

Esperance Biosecurity Association (EBA)

Location/Address

Executive Summary

For Council to consider to providing a contribution to the Esperance Extension to the State Barrier Fence.

Recommendation in Brief

That Council commit to the supply and installation road grids for the Esperance Extension to the State Barrier Fence subject to conditions.

Background

The Department of Primary Industries and Regional Development, Agriculture (DPIRD) on behalf of the agricultural industries in the Shires of Ravensthorpe and Esperance, proposes to extend the existing State Barrier Fence (SBF) from its current termination point 25 km east of Ravensthorpe, north to Salmon Gums and ending east of Esperance near Cape Arid National Park in Western Australia (WA). The Proposal aims to protect agricultural enterprises in the Shires of Ravensthorpe and Esperance from the socio-economic impacts associated with wild dogs limiting livestock enterprises; and damage to crops and pasture from emus and kangaroos in the agricultural region.

The Proposal involves the construction of a 660 km long and 1.35 m high barrier fence that is largely impermeable to wild dogs, emus and kangaroos (target fauna). The proposed barrier fence will have three unfenced gaps where the Proposal alignment intersects three major waterways, and a 3.2 km wide unfenced coastal corridor near Cape Arid NP. These gaps in the proposed barrier fence will maintain significant ecological corridors.

The Proposal alignment follows the boundary between agricultural land and Unallocated Crown Land (UCL) in the Great Western Woodlands, with a total of approximately 529 km of the Proposal alignment to be located on UCL and a further 131 km on private farming property

The Esperance Extension to the SBF is currently going through the EPA’s Public Environmental Review process, with an expected decision later this year.

It is expected that the return on investment will be $6.8 for every $1 invested into the project. It is important to note that this benefit is calculated on the basis that there will be a flow on to Esperance economy and is not just a direct benefit to farmers.

The project budget for the Esperance Extension to the SBF is:

Estimated Esperance Extension Costs per item	Per km	Total 670km fence
Fence Clearing	$2,886	$1,933,540
Fence Construction	$3,880	$2,546,000
Fence Materials - based on new CUA quote for 500m strained sections		$3,494,400
Road grids plus installation, bitumen sealing & signage		$1,495,601
Fence materials freight	–	$176,000
Herbicide for re-growth control during construction - 1yr, chemical only	–	$25,000
Esperance Nyungar/Gnadju Native Title compensation estimates plus EPA Ministerial conditions	–	$1,130,000
Total		$10,800,541
Current Funding Commitments		Total 670km fence
State Government contribution		$6,900,000
Ravensthorpe Shire contribution		$280,000
Current Funding shortfall		$3,620,541

EBA has requested Council consider contributing to the Esperance Extension to the SBF project, in particular to the supply and installation of road grids that are required on the local shire roads, see attached letter, please note that the request is now to only undertake the 12 major road grids and not the 22 as requested.

Officer’s Comment

Esperance Extension to the SBF has been a project 10 years in the making, with considerable effort put in by the Esperance Biosecurity Association. The State Government has committed $6.9 Million towards the project as well as the Shire of Ravensthorpe committing $280,000. This leaves the project $3,620,541 short.

If Council wishes to consider contributing towards the Esperance Extension to the SBF, the best way to do this would be, as per the request from EBA, to provide an in-kind contribution of the supply and installation of the 12 road grids and the associated road and signage works required. This part of the project is best suited to the Shire do deliver in-kind, as the type of works required we undertake day in day out and should be able to carry the work out for less than the project budget figure.

If council commits to providing the in-kind contribution of road grids, it will still leave the project short by approximately $2 Million. There is currently an application in with the Federal Smart Farming Partnerships, for $2 Million. If this is successful the project would then be fully funded.

Consultation

DPIRD – Project Manager

EBA

Financial Implications

The financial implications arising from this report will be included in the Shire’s Rural Road construction budget allocation.

Asset Management Implications

The asset management implications will be included with the Roads Asset Management Plan.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

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

Develop partnerships to actively support economic growth

Environmental Considerations

The environmental considerations for the Esperance Extension to the State Barrier Fence are being considered by the EPA.

Attachments

a ⇩.

Esperance Biosecurity Association - Request for Assistance

Officer’s Recommendation

That Council commit to the supply and installation of twelve (12) road grids, including the associated road and signage works, for the Esperance Extension to the State Barrier Fence project, over four (4) years, starting in the 2019/20 financial year, as part of the annual road construction program, for a current project estimate of $1,495,601 subject to:

a. EPA approval for the Esperance Extension to the State Barrier Fence; and

b. The State Government committing to construct the Esperance extension to the State Barrier Fence.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 July 2018 Page 61

Item: 12.2.2

Esperance Bay Coastal Erosion Options

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

File Ref: D18/16451

Applicant

Internal

Location/Address

Executive Summary

For Council to consider the Esperance Bay Coastal Erosion Options Report and recommendations.

Recommendation in Brief

That Council:

1. Endorse the Esperance Bay Coastal Erosion Options Report; and

2. Request the CEO to progress the option of a Coordinated Bandy Creek Boat Harbour dredging and sand back-passing approach to help solve the Esperance Bay Coastal Erosion.

Background

The Castletown Beach has required annual sand renourishment of 20,000 - 25,000 m3 since the total trapping of the littoral sand volume by the port breakwater. The nourishment operations are typically undertaken in winter. The Shire has commissioned many reports over the years to find a better solution to the erosion problem, all proposing significant upfront capital costs that have not progressed further, as sand renourishment was found to be the most cost-effective defense process.

As part of the 2017/18 budget, the Shire allocated money to undertake a review of the current sand renourishment practices to look for improvements. The scope of the review was to:

· Review current practice of sand renourishment

· Review previous reports and work undertaken

· Look at a combination of options improve its current practice including:

· Liaise with DOT regarding Bandy Creek Boat Harbour (BCBH) impacts on any potential recommendations

· Estimate of costs for options (in consultation with the Shire)

· Detail any social / amenity aspects of the options; and

· Detail environmental approvals required (if applicable); and

· Provide recommendations for improvement of costal erosion management

BMT was awarded the work, and have now completed their report into Esperance Bay Coastal Erosion Options (the Report), please see attached.

Officer’s Comment

The Report looked at 5 options with multiple variants to deal with the coastal erosion in the Esperance Bay as listed below and detailed in Section 3.2 of the Report:

Option 1 - Status quo (current sand nourishment)

Option 2 - Independent mobile sand back-passing

Option 3 - Coordinated BCBH dredging & sand back-passing

Option 4 - Seawall - Rock

Option 4 - Seawall - Sandbags

Option 5 – Groyne(s) - 1L Rock

Option 5 – Groyne(s) - 2T Rock

Option 5 – Groyne(s) - 3T Rock

Option 5 – Groyne(s) - 4S Rock

Option 5 – Groyne(s) - 4S Sandbag

These options were then costed and ranked over 1, 20, 50 and 100 years. The economic impact is detailed in Section 3.3.1 of the Report.

The options were then put through a multi criteria analysis looking at the below criteria, the summary table is located on page 40 of the Report:

· Risk to existing infrastructure

o Regular drift

o Storm erosion

o Sea level rise

o Residual (exceed design event)

· Retain beach amenity

o Short term

o Medium term

o Long term

· Environmental

o Impact significance

o Management requirement - initial

o Management requirement - regular

· Public acceptance solution/intrusion

· Public disturbance

o Initial response (e.g. Construction activities)

o Regular issues (e.g. Seagrass accumulation)

· Public Safety

· Economics

o CAPEX

o OPEX

o Net present cumulative cost

· Interdependence with State Government (e.g. DoT)

· Sustainability

From the analysis the preferred solution for the Esperance Bay coastal erosion recommended by BMT is a Coordinated BCBH dredging & sand back-passing. From Section 6.1 of the Report:

Significant economic improvement could be achieved by seeking to implement beach nourishment at Castletown Beach in collaboration with the Department of Transport during their two-yearly maintenance dredging of Bandy Creek Boat Harbour. This “soft” solution, referred to as “Option 3” in the report, is expected to hydraulically deliver sufficient quality and quantity of sand to rebuild the eroded foreshore by having a more natural beach profile shifted seaward with an appropriate berm width to accommodate storm erosion events until the next dredging campaign (two years). This approach offers savings potential immediately and in the future for all time frames, due to the absence of upfront capital expenditures and a lower and less frequent cost of operations. Note that the favourable economics of this approach can only be made possible as part of a coordinated dredging and disposal operation with the Shire and the DoT working collaboratively. This approach is robust across a range of criteria other than the economics, including social, technical and environmental.

It is recommended that Council progress the Coordinated BCBH dredging & sand back-passing solution that will have the best outcomes to deal with the Esperance Bay coastal erosion. This solution has little upfront cost and will offer cost savings of over 50% from the Shire’s current practice of sand renourishment.

Consultation

BMT

DoT

Financial Implications

The financial implications arising for progressing the preferred solution from the report will cost approximately $40,000, which can be catered for in existing budgets.

Asset Management Implications

The asset management implications are covered within the Report.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

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

Environmental Considerations

The environmental considerations arising from this report will need to be investigated further progressing the preferred solution.

Attachments

a ⇩.	Report - Esperance Bay Coastal Erosion Options
b .	Report - Esperance Bay Coastal Erosion Options - Appendix A - Confidential

Officer’s Recommendation

That Council:

1. Endorse the Esperance Bay Coastal Erosion Options Report; and

2. Request the CEO to progress the option of a Coordinated Bandy Creek Boat Harbour dredging and sand back-passing approach to deal with the Esperance Bay Coastal Erosion.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 July 2018 Page 120

12.3 Corporate Resources

Item: 12.3.1

New Lease - Cannery Arts Centre

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

File Ref: D18/14335

Applicant

Cannery Arts Centre Inc

Location/Address

Lot 1018 on Plan 28537 Norseman Road Chadwick, Reserve 34219.

Executive Summary

For Council to consider entering into a new lease agreement with the Cannery Arts Centre Inc.

Recommendation in Brief

That Council agrees to enter into a new lease agreement with the Cannery Arts Centre Inc.

Background

The Cannery Arts Centre has been operating in Esperance from this site under their lease since 2008.

During this time the Cannery has offered many art programmes and opportunities for the local community to be involved in, increasing exposure of the arts in Esperance.

This Lease expired in February 2018 and the Cannery has continued operating from the premises since this time under the ‘hold over’ clause within the Lease while in negotiations with the Shire’s Planning and Compliance Officers to resolve land use issues on the site.

The Cannery has submitted a request for a 10 year lease with a further term of 10 years.

The Cannery has also applied for financial assistance through the Shire’s Community Grants Program which will require a lease to be held over the premises prior to approval.

Currently the Shire undertakes structural maintenance and provides property insurance for the main gallery building only and the Cannery are responsible for maintenance and insurance of the remaining structures on the lease area.

Officer’s Comment

The Shire’s Planning and Compliance Officers advise that a development application has been received from the Cannery which is yet to be reviewed, however this can be a lengthy process and will not impact a new lease being entered into with the Cannery Arts Centre Inc.

The decision to not exercise the option in the previous lease was due to some clauses preventing certain activities occurring on the site. This will allow a new lease to be drafted using the current lease template for sporting and community groups which will provide greater flexibility with regard to usage over the term of the lease, provided that all uses fall within the approved land usage for this Reserve.

Following discussions with the Manager Asset Planning, it may be beneficial for Council to consider taking on the structural maintenance responsibility of all buildings on the site as this would lessen confusion regarding maintenance responsibilities and ensure that routine maintenance was carried out on all buildings.

Should Council decide to take responsibility for the other structures on the site, the pottery, music and innerspace buildings as well as the lookout structure will then be maintained and insured by the Shire. Please refer to the table below for a summary of estimated annual costs for maintenance and insurance. Attachment C provides further information regarding the maintenance cost estimates provided below.

The recommendation has been drafted based upon the current building maintenance responsibility at the Cannery. If Council wanted to take on further responsibility for the remaining structures then the recommendation would need to be amended to clearly articulate the structures that Council is prepared to accept structural maintenance responsibility for.

Consultation

Manager Strategic Planning and Land Projects

Compliance Officer

Cannery Arts Centre Committee

Director Corporate Resources

Manager Asset Planning

Financial Implications

A lease preparation fee of $120 Inc GST will be payable.

The annual lease fee will be $110 Inc GST.

Below is a comparison between the current maintenance and insurance costs and those that would be incurred should Council decide to take on responsibility of all buildings on the site.

Building	Current Year Cost Allocation		Estimated Future Cost Per Annum		Non-Routine Repairs
	Maintenance	Insurance	Maintenance	Insurance
Main Gallery	$9,400	$1,500	$9,400	$1,500	$55,000
Pottery Room	Nil	Nil	$9,000	$1,400	$24,000
Music Room	Nil	Nil	$5,200	$450	$21,000
Innerspace	Nil	Nil	$6,300	$600	$12,000
Lookout	Nil	Nil	$2,600	$150	$3,500
TOTAL	$9,400	$1,500	$32,500	$4,100	$115,500

Asset Management Implications

The heritage listed main gallery building is currently the responsibility of the Shire of Esperance for repairs and structural maintenance.

Increased maintenance responsibility for the additional structures should Council wish to take on responsibility for these.

Statutory Implications

Local Government Act 1995 – Section 3.58 Disposing of Property

Local Government (Functions and General) Regulations 1996 – Section 30(2)(e) Dispositions of property excluded from Act s.3.58

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

Policy Implications

COR004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of arts and cultural activities that can be exhibited and pursued by all

Facilitate and promote events, arts, heritage and cultural activities for all ages and abilities

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.	Cannery Lease Request
b ⇩.	Cannery Site Plan
c ⇩.	Cost Estimates

Officer’s Recommendation

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

1. To grant a lease to the Cannery Arts Centre Inc over Lot 1018 on Plan 28537 Norseman Road Chadwick, Reserve 34219;

2. The term to be 10 years with a further term option of 10 years;

3. Annual lease fee to be $110 Inc GST;

4. Lease preparation fee of $120 Inc GST being payable; and

5. The lease being prepared as per the standard lease template for Sporting and Community groups.

6. The lease specifying the Shire responsibility for structural maintenance for the Gallery building only.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 July 2018 Page 296

Item: 13.2

Bush Fire Advisory Committee - Appointment of Fire Control Officers

Author/s	Karen Naylor	Community Emergency Services Coordinator
Authorisor/s	Terry Sargent	Director External Services

File Ref: D18/15917

Applicant

Bush Fire Advisory Committee

Location/Address

Shire of Esperance

Executive Summary

That Council endorse the appointment of the Senior Fire Control Officers for the 2018/19 fire season.

Recommendation in Brief

That Council authorise the following appointments in accordance with the Bush Fire Act 1954 as Bush Fire Control Officers for the Shire of Esperance:

Chief Bush Fire Control Officer Ashley Stewart

Deputy Chief Bush Fire Control Officer Gavin Egan

Deputy Chief Bush Fire Control Officer Will Carmody

Senior Fire Control Officer – West Zone Will Carmody

Senior Fire Control Officer – West Coast Zone Kingsley Scott

Senior Fire Control Officer – North Zone Rory Graham

Senior Fire Control Officer – East Zone Lyndon Mickel

Senior Fire Control Officer – East Coast Zone

Senior Fire Control Officer – Urban Rural Zone Peter Rowe

Deputy Senior Fire Control Officer – West Zone

Deputy Senior Fire Control Officer – West Coast Zone Peter Luberda

Deputy Senior Fire Control Officer – North Zone Chris Hallam

Deputy Senior Fire Control Officer – East Zone Phil Longmire

Deputy Senior Fire Control Officer – East Coast Zone Adrian Perks

Deputy Senior Fire Control Officer – Urban Rural Zone Ron Chambers

Background

The Shire of Esperance provides a structure within the bush fire community in accordance with the Bush Fires Act 1954. The Bush Fire Advisory Committee appoints the Chief Bush Fire Control Officer, a Deputy Chief Bush Fire Control Officer, a Senior Fire Control Officer and a Deputy Senior Fire Control Officer for each of the fire zones within the Shire. These positions were declared vacant at the June Bush Fire Advisory Committee meeting and nominations were held.

Officer’s Comment

In 2008, Deputy roles were established to provide a mentoring capacity for Officers in the Seniors role to groom Deputies into the role and to provide a succession plan. At the June 2018 meeting on request from the Chief Bush Fire Control Officer a second Deputy Chief role was also established.

Each of these Officers have the training, experience and capacity to fulfill these leadership roles.

Where no one is appointed to a position the recommendation is blank. This is the case for the Senior Fire Control Officer – East Coast Zone and Deputy Senior Fire Control Officer – West Zone.

Consultation

As nominated by the Bush Fire Advisory Committee.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Bush Fires Act 1954

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Support for all leadership roles in our community

Encourage shared responsibility through an informed and inspired community

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council authorise the following appointments in accordance with the Bush Fires Act 1954 as Bush Fire Control Officers for the Shire of Esperance:

Chief Bush Fire Control Officer Ashley Stewart

Deputy Chief Bush Fire Control Officer Gavin Egan

Deputy Chief Bush Fire Control Officer Will Carmody

Senior Fire Control Officer – West Zone Will Carmody

Senior Fire Control Officer – West Coast Zone Kingsley Scott

Senior Fire Control Officer – North Zone Rory Graham

Senior Fire Control Officer – East Zone Lyndon Mickel

Senior Fire Control Officer – East Coast Zone

Senior Fire Control Officer – Urban Rural Zone Peter Rowe

Deputy Senior Fire Control Officer – West Zone

Deputy Senior Fire Control Officer – West Coast Zone Peter Luberda

Deputy Senior Fire Control Officer – North Zone Chris Hallam

Deputy Senior Fire Control Officer – East Zone Phil Longmire

Deputy Senior Fire Control Officer – East Coast Zone Adrian Perks

Deputy Senior Fire Control Officer – Urban Rural Zone Ron Chambers

Voting Requirement Simple Majority

Item: 13.3

Ralph Bower Adventureland Park Implementation Plan 2018

Author/s	Tamara Garrett	Administration Officer - Asset Management
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D18/16714

Applicant

Internal

Location/Address

Adventureland Park

Executive Summary

For the Ralph Bower Adventureland Park Working Group to review the community feedback received and re-endorse the implementation plan unchanged.

Recommendation in Brief

That the Ralph Bower Adventureland Park working group, Re-endorse the Ralph Bower Adventureland Park Implementation Plan 2018 unchanged.

Background

At the Ordinary Council Meeting on the 24^th April 2018 Council resolved that:

O0418-001

Council Resolution

1. Endorse the Draft Ralph Bower Adventureland Park Implementation Plan for 2018;

2. Direct the CEO to seek feedback from residents located in the Ralph Bower Adventureland Park catchment area on the Draft Ralph Bower Adventureland Park Implementation Plan for 2018.

3. Advise the Ralph Bower Adventureland Park Working Group that the Councils ongoing commitment to the Ralph Bower Adventureland Park facility, and investment above this level will require additional funding in the future; and

4. Seek feedback and comment from the Youth Advisory Council

Officer’s Comment

On the 10^th May 2018 a letter and feedback form were distributed to residents within the catchment zone of the Adventureland Park. This was at the request of Council to seek feedback on the Ralph Bower Adventureland Park Implementation Plan 2018. The residents were given until the 15^th June 2018 to submit their feedback, out of approx. 500 letters we received a total of 5 submissions.

No	Submitter	Submission Comments on Draft Plan	Officers Comments
1	Dunn Family	1) Overall support for the plan. Request for kids bike track to be considered as a priority.	1) Noted
2	Jan Remnant	1) Not supportive of any development within the park.	1) Not supported. Adventureland Park is classified as a regional play space.
3	Lee Mackin	1) Overall Support for the plan. Acknowledges the support of community members.	1) Noted
4	Lachlan McGrinder	1) Overall support of the plan. However doesn’t think that the viewing tower, climbing net and nature space are needed.	1) Noted
5	Bert King	1) Overall support of the plan.	1) Noted

As per Council resolution the Implementation Plan was presented to the Youth Advisory Council on the 16^th May 2018. The feedback received was positive and that the plan catered for a wide range of age groups. They were supportive of a staged approach in the event that full funds aren’t achieved to enable all elements to be delivered.

Based on the submissions received, the officer’s recommendation is that the working group re-endorse the Ralph Bower Adventureland Park Implementation Plan 2018 unchanged.

At the Working Group meeting, further to the officers recommendation, wanted to provide formal comment back to the those who submitted comments. They also wanted to provide signage Adventureland Park showing a plan of the area recognising the groups that have contributed to the project and to also have this on the Shire website.

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

N/A

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2012 - 2022

Built Environment

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

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

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 ⇩.

Feedback Submissions

Committee Recommendation:

That Council, based on the community feedback received:

1. Re-endorse the Ralph Bower Adventureland Park Implementation Plan 2018 unchanged;

2. Provide formal comment back to community from the feedback received; and

3. Install pictorial signage showing plan/photos with the logos of all the contributors in the park and advertise the plan on the Shire website.

Voting Requirement Simple Majority

a ⇩.	Information Bulletin - June 2018
b ⇩.	Corporate Performance Report - Quarterly - June 2018- Under Separate Cover
c ⇩.	Appreciation Letter - Esperance Clay Target Club
d ⇩.	Appreciation Letter - RSLWA Sub-Branch
e ⇩.	Letter - Alpha Fine Chemicals - Proposed Nickel Sulphate Plant at Esperance
f ⇩.	GVROC Council Meeting Minutes - 29 June 2018
g ⇩.	Outstanding Resolutions - Status Report - June 2018

a ⇩.	Bush Fire Advisory Committee - 12 June 2018
b ⇩.	Esperance Twin Towns Committee - 18 June 2018
c ⇩.	Esperance Roadwise Committee - 25 June 2018
d ⇩.	Scaddan Restoration Reference Group - 27 June 2018
e ⇩.	Ralph Bower Adventureland Park Working Group - 4 July 2018

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

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