13 September 2018
Shire
of Esperance
Ordinary
Council
NOTICE
OF MEETING AND AGENDA
An Agenda Briefing Session of the Shire of Esperance will
be held at Council Chambers on 18 September 2018 commencing at 1pm to brief
Council on the matters set out in the attached agenda.
An Ordinary Council meeting of the Shire of Esperance
will be held at Council Chambers on 25 September 2018 commencing at 4pm to
consider the matters set out in the attached agenda.
W M (Matthew) Scott
Chief Executive Officer
DISCLAIMER
No responsibility whatsoever is implied or accepted by the
Shire of Esperance for any act, omission or statement or intimation occurring
during Council or Committee meetings. The Shire of Esperance disclaims any
liability for any loss whatsoever and howsoever caused arising out of reliance
by any person or legal entity on any such act, omission or statement or
intimation occurring during Council or Committee meetings. Any person or legal
entity who acts or fails to act in reliance upon any statement, act or omission
made in a Council or Committee meeting does so at that person’s or legal
entity’s own risk.
In particular and without derogating in any way from the
broad disclaimer above, in any discussion regarding any planning application or
application for a licence, any statement or intimation of approval made by a
member or officer of the Shire of Esperance during the course of any meeting is
not intended to be and is not to be taken as notice of approval from the Shire
of Esperance. The Shire of Esperance warns that anyone who has any application
lodged with the Shire of Esperance must obtain and should only rely on written
confirmation of the outcome of the application, and any conditions attaching to
the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION
MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions
are based on an honest assessment of the issue, ethical decision-making and
personal integrity. Councillors and staff adhere to the statutory requirements
to declare financial, proximity and impartiality interests and once declared
follow the legislation as required.
ATTACHMENTS
Please be advised that in order
to save printing and paper costs, all attachments referenced in this paper are
available in the original Agenda document for this meeting.
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
Agenda Briefing ¨
Ordinary Council Meeting ¨
Both Meetings ¨
Name of Person Declaring the Interest:
Position:
Date
of Meeting:
This form is provided to
enable members and officers to disclose an Interest in the matter in accordance
with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act
and Local Government (Administration) Regulation 34C.
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Interest
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No:
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Interest:
Financial
Proximity
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Interest
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Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
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Interest
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 Subject:
Nature of Interest:
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Signature: Date:
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Office Use Only:
 Entered
into interest Register:
Officer
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Declaration of
Interest (Notes for Your Guidance)
A member who has a Financial Interest in any
matter to be discussed at a Council or Committee Meeting, which will be
attended by the member, must disclose the nature of the interest:
a) In a written notice given to the Chief Executive
Officers before the Meeting or;
b) At the Meeting, immediately before the matter is
discussed.
A member, who makes a disclosure in respect to an
interest, must not:
c) Preside at the part of the Meeting, relation to the
matter or;
d) Participate in, or be present during any discussion
or decision-making procedure relative to the matter, unless to the extent that
the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of
the Local Government Act 1995.
Notes on Financial Interest (For your Guidance)
The following notes are a basic guide for Councillors
when they are considering whether they have a Financial Interest in a matter.
1. A Financial Interest requiring disclosure occurs when
a Council decision might advantageously or detrimentally affect the Councillor
or a person closely associated with the Councillor and is capable of being
measured in money terms. There are expectations in the Local Government
Act 1995 but they should not be relied on
without advice, unless the situation is very clear.
2. If a Councillor is a member of an Association (which
is a Body Corporate) with not less than 10 members i.e sporting, social,
religious ect, and the Councillor is not a holder of office of profit or a
guarantor, and has not leased land to or from the club, i.e, if the Councillor
is an ordinary member of the Association, the Councillor has a common and not a
financial interest in any matter to that Association.
3. If an interest is shared in common with a significant
number of electors and ratepayers, then the obligation to disclose that
interest does not arise. Each case need to be considered.
4. If in doubt declare.
5. As stated in (b) above, if written notice disclosing
the interest has not been given to the Chief Executive Officer before the
meeting, then it must be given when the
matter arises in the Agenda, and immediately before the matter is discussed.
6. Ordinarily the disclosing Councillor must leave the
meeting room before discussion commences. The only exceptions are:
6.1
Where the Councillor discloses
the extent of the interest, and Council carries a motion under
s.5.68(1)(b)(ii) of the Local Government Act; or
6.2
Where the Minister allows the
Councillor to participate under s.5.69(3) of the Local Government Act, with or
without conditions.
Interests Affecting Proximity
1) For the purposes of this subdivision, a person has a
proximity interest in a matter if the matter concerns;
a)
a proposed change to a planning
scheme affecting land that adjoins the person’s land;
b)
a proposed change to the zoning
or use of land that adjoins the person’s land; or
c)
a proposed development (as defined
in section 5.63(5)) of land that adjoins the person’s land.
2) In this section, land (the proposal land) adjoins a
person’s land if;
a)
The proposal land, not being a
thoroughfare, has a common boundary with the person’s land;
b)
The proposal land, or any part of
it, is directly across a thoroughfare from, the person’s land; or
c)
The proposal land is that part of
a thoroughfare that has a common boundary with the person’s land.
3) In this section a reference to a person’s land
is a reference to any land owned by the person or in which the person has any
estate or interest.
Interests Affecting Impartiality
Definition: An interest that would give rise to a reasonable
belief that the impartiality of the person having the interest would be
adversely affected, but does not include an interest as referred to in Section
5.60 of the ‘Act’.
A member who has an Interest Affecting Impartiality in any matter to
be discussed at a Council or Committee Meeting, which will be attended by the
member, must disclose the nature of the interest;
a) In a written notice given to the Chief Executive
Officers before the Meeting or;
b) At the Meeting, immediately before the matter is
discussed.
Impact of an Impartiality Closure
There are very different outcomes resulting from
disclosing an interest affecting impartiality compared to that of a financial
interest. With the declaration of a financial interest, an elected member
leaves the room and does not vote.
With the declaration of this new type of interest, the
elected member stays in the room, participates in the debate and votes. In
effect then, following disclosure of an interest affecting impartiality, the
member’s involvement in the Meeting continues as if no interest existed.
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 25 September 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 Administration
Officer – Executive Services
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
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That
the Minutes of the Special Council Meeting of the 28 August 2018, and the
Ordinary Council Meeting of the 28 August 2018 be confirmed as true and
correct records.
Voting Requirement Simple Majority
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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. 4
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Author/s
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Richard Hindley
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Manager Strategic Planning & Land Projects
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Authorisor/s
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Terry Sargent
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Director External Services
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File Ref: D18/20672
Applicant
Internal (Strategic Planning & Land Projects)
Location/Address
Shire of Esperance
Executive Summary
For Council to consider initiating Amendment 4 to Local Planning
Scheme No. 24 to amend the Scheme by incorporating a range of new provisions,
updating the Scheme Map to reflect omissions and changes to reserves since the
gazettal of the Scheme and the introduction of a new Special Control Area to
address the introduction of the Government Sewerage Policy.
Recommendation in Brief
That Council:
1. In pursuance of
Section 75 of the Planning and Development Act 2005 amend Local Planning
Scheme No. 24.
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…” and;
“… (g) any
other amendment that is not a complex or basic amendment…”
3. Refer Amendment
4 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.
Background
Notice of Final Approval of the Shire of Esperance Local
Planning Scheme No. 24 (‘the Scheme’) was published in the
Government Gazette on 2 August 2017. Like any such document it is
subjected to statutory review and is also amended as circumstances
dictate.
This amendment has been brought forward due to the impending
introduction of the Government Sewerage Policy which could severely limit
development potential in parts of the Esperance townsite and immediate
surrounds if the arbitrary provisions of the policy were accepted. By
developing the proposed provisions in Special Control Area No. 11 the required
environmental protection can be achieved whilst still preserving development
potential of these areas. Other amendments have been included opportunistically
to address minor mapping errors such as those that have arisen due to changes
in lot boundaries or to preserve existing use rights that would otherwise
require the owner to engage in a rezoning process at her own expense or wait
until the next omnibus amendment occurs.
The modifications proposed by this Amendment fall into eight
broad categories:
1. Inserting new
provisions for Unrestricted Length of Stay
2. Inserting new
provisions for Environmental, Public Health and Amenity Protection
3. Assigning R-Codes
within the ‘Local Centre’ and ‘Commercial’ zones within
the Scheme text.
4. Inserting an
Additional Use to reflect a long term non-conforming use.
5. Correcting omissions
and oversights in the original drafting of the Scheme.
6. Addressing the
introduction of the Government Sewerage Policy.
7. Inserting a definition
and use classification of an ‘art studio’.
8. Deleting an Additional
use a renumbering the rest of Schedule 3.
The proposed amendment is consistent with the Local Planning
Strategy.
Officer’s Comment
The following is a summary of the points contained
within the amendment document and for the sake of clarity, should be read with
Attachment A.
Amend
Schedule 1 by inserting a new Clause 37
This provision is proposed to be inserted into the
Scheme to ensure that where short term accommodation is proposed it must be
developed in accordance with the R-Codes and the specific requirements of the
Building Code of Australia, and must be able to be occupied either permanently
as a dwelling or temporarily for short-term accommodation purposes.
Amend
Schedule 1 by inserting a new Clause 38
This provision is proposed to be inserted into the Scheme to
apply Environmental, Public Health and Amenity Protection provisions and to
manage impacts of development on sensitive premises. Although this makes the
scheme document slightly more complex, it becomes more use-friendly. The
proposed provision reflects current practice in assessing development
applications and provides greater clarity to proponents.
Amend
Schedule 1 by inserting a new Clause 39
The ‘Local Centre’ zone has a plot ratio of 1.0
and no Residential Density is applied on the Scheme Map. By applying the R80
density the control present in the R-Codes residential development will be
consistent with the plot ratio provided for in the Scheme.
The ‘Commercial’ zone has a plot ratio of 2.0 and
no Residential Density is applied on the Scheme Map. By applying the R160
density the control present in the R-Codes will be consistent with the plot
ratio provided for in the Scheme. This will enable a ‘Multiple
Dwelling’ to be developed to the full theoretical extent that is provided
for by current Scheme provisions. It should also be noted that if a
‘grouped dwelling’ in an areas coded R100, R160 and R-AC the
standards of the R80 code apply.
Amend
Schedule 3 and the Scheme Map by adding an Additional Use A21
This modification introduces the uses of ‘Shop’
and ‘Office’ to Lot 307 Goldfields Road, Castletown. A very limited
non-conforming use currently applies and the development would be difficult to
convert back to a ‘Single house’. Given the long standing
non-conforming use on the site it is recommended that the additional use be
used to permanently apply the stated uses to the site. This
approach is consistent with that taken in developing Scheme 24.
Amend
Clause 30.(a) in Schedule 1 by replacing ‘Residential or Rural
Residential’ with ‘Residential, Rural Residential or Rural Townsite’
This provision is being amended so that the ‘Rural
Townsite’ zone can have an outbuilding developed prior to a dwelling as
long as development approval has already been issued for the erection of a
single house, grouped dwelling or multiple dwelling on the lot.
Amend the
Scheme Map by reclassifying Lot 862 on Plan 201769 from ‘Rural’ to
‘Environmental Conservation’
This modification is proposed as a
portion of Lot 862 on Plan 201769 from ‘Rural’ in error. To
correct this omission it is proposed to rezone the subject site as
‘Environmental Conservation’.
Amend the
Scheme Map by reclassifying Lots 1247 and 1407 on Plan FITZGL from
‘Rural’ to ‘Environmental Conservation’
This modification is proposed as a portion of
Lots 247 and 1407 on Plan FITZGL from ‘Rural’ in error. To correct this omission it is
proposed to rezone the subject site as ‘Environmental
Conservation’.
Amend the
Scheme Map by reclassifying Lots 465 and 466 on Plan 408922 from
‘Rural’ and ‘Public Open Space’ to ‘Environmental
Conservation’
This modification is proposed as a portion of
Lots 465 and 466 on Plan 408922 from ‘Rural’ and ‘Public Open
Space’ in error. To
correct this omission it is proposed to rezone the subject site as
‘Environmental Conservation’.
Amend the
Scheme Map by reclassifying all of Reserve 19315 as ‘Public Open
Space’
This modification is proposed as a portion of
Reserve 19315 has been zoned ‘Rural’ in error. To correct this it is proposed that
the ‘Public Open Space’ reservation applies to the entire reserve.
Amend the
Scheme Map by reclassifying Lot 1440 on Plan 152676 from ‘Rural’ to
‘Environmental Conservation’
This modification is
proposed as a portion of Lot 1440 on Plan 152676 from ‘Rural’ in
error. To correct this
omission it is proposed to rezone the subject site as ‘Environmental
Conservation’.
Amending
the Scheme Map by reclassifying Lots 1517 and UCL on McCrea Road from
‘Rural’ to ‘Environmental Conservation’
This modification is
proposed as a portion of Lots 1517 and UCL on McCrea Road from
‘Rural’ in error. To correct this omission it is proposed to rezone the subject site as
‘Environmental Conservation’.
Amend the
Scheme Map by reclassifying UCL on Starcevich Road from ‘Rural’ to
‘Environmental Conservation’
This modification is
proposed as a portion of UCL on Starcevich Road from ‘Rural’ in error. To correct this omission it is
proposed to rezone the subject site as ‘Environmental
Conservation’.
Amend the
Scheme Map by reclassifying Lot 36 on Plan 151214, Lot 570 on Plan 407219 and
UCL on Guests Road from ‘Rural’ to ‘Environmental Conservation’
This modification is
proposed as a portion of Lot 36 on Plan 151214, Lot 570 on Plan 407219 and UCL
on Guests Road from ‘Rural’ in error. To correct this omission it is
proposed to rezone the subject sites as ‘Environmental
Conservation’.
Amend the
Scheme Map by reclassifying Portion of Reserve 15042 to ‘Public Open
Space’ and a Portion of Connolly Street as ‘Local Distributor
Road’
This
modification is proposed as the dedicated section of Connolly Street (formerly
part of Reserve 15042 (the Rifle Range) shown below requires minor modification
to reflect its actual alignment on the Scheme Map. To correct the road alignment minor
modifications are required to a portion of Reserve 15042 and a portion of
Connolly Street.
Amend
Schedule 2 by inserting a new Clause 11
The
amendment introduces specific controls within the Sewerage Sensitive Area where
land use or development is not connected to a reticulated sewerage system.
Two
areas of the Shire are impacted on by a Sewerage Sensitive Area; the first is
to the North of Esperance buffering the lake systems as well as the groundwater dependent threatened and
priority ecological communities within Pink Lake.
A second area
is also impacted on by a Sewerage Sensitive Area; this area includes Lake Gore, a RAMSAR listed wetland, as well as a number of
other significant wetlands.
Due to the
complex nature of the Scheme Amendment Map for the proposed area to the North
of Esperance these maps are included in the supporting information of the
amendment.
The objectives of SCA 11 have been developed to provide
overarching guidance and provide guidance for the interpretation of the Special
Control Area. The specific objectives relate to the identification and
management of the sewerage sensitive area.
The
Special Control Area allows the Shire to refuse or impose conditions on
development. This power is limited to the protection of public health and
amenity, the environment (within Council’s limited powers) and the
promotion of the efficient use of infrastructure. Provision is also made to apply
notifications to new titles advising that a lot is located in a Sewerage
Sensitive Area and limitations may be applied to on-site effluent disposal.
The
Special Control Area introduces specific matters for consideration within the
SCA 11 boundary. The criteria introduced allow specific assessment within the
sewerage sensitive area in addition to the general requirement of the Scheme.
Consistent with the
Government Sewerage Policy the minimum lot size in the sewerage sensitive area
is one hectare. The provision proposed also limits subdivision to where it is
consistent with the requirements of the Local Planning Strategy.
Provisions are inserted
to allow the referral of applications for development approval (except for Agriculture
– Extensive, Single House and other related incidental uses) to the
Department of Health, Department of Biodiversity Conservation and Attractions
and the Department of Water and Environmental Regulation. The Shire is to have
due regard to any recommendations and advice received when determining
applications when comment is received from these authorities in line with the
requirements of the Special Control Area.
Amend the Scheme map by classifying
the unclassified potion of Reserve 48754 as ‘Public Open Space’
This modification is
proposed as a portion of Reserve 48754 was not allocated a zone or reservation
in error. To correct
this omission it is proposed to reclassify the subject site to ‘Public
Open Space’.
Amend the Scheme Map by reclassifying
Portion of Thomas Road and unnamed road from ‘Cultural and Natural
Resource’ to ‘Local Road’
This
modification is proposed as a portion of Thomas Road and unnamed road was zoned
‘Cultural and Natural Resource’ in error. To correct this omission
it is proposed to reclassify the subject site to ‘Local Road’.
Amend Clause 38 by inserting in
alphabetical order the definition for art studio
It is
proposed to introduce a new definition of ‘art studio’. This has
been proposed as the current definition of ‘art gallery’ excludes
the manufacture of works of art which were permitted under the previous
definition of arts and craft studio in Local Planning Scheme No. 23.
Amend Table No. 4 by inserting
‘Art studio’ as a land use
It is
proposed to introduce the land use of ‘art studio’ into the
Zoning and Land Use Table with an ‘A’ permissibility in the
‘Residential’ zone, ‘D’ permissibility in the
‘Rural’, ‘Rural Residential’, ‘Rural
Smallholdings’, ‘Rural Townsite’ and ‘Light
Industry’ zones and an ‘X’ use in all other zones.
Amend Schedule 5 SU5 by replacing
‘Lot 1 and Part Lot 5 Orleans Bay Road’ within the Description of
Land with ‘Lot 6 Wharton Road’
This
modification is proposed as Deposited Plan 410717 amended the boundary between
former Lots 1 and 5. The new reference of the lot subject to the ‘Special
Use’ is Lot 6 Wharton Road.
Amend the Scheme map by zoning all of
Lot 6 Wharton Road ‘Special Use’ and all of Lot 7 Wharton Road as
‘Tourism’
As
referenced above the boundary of the Special Use is based on an old lot layout
that has been superseded. To correct the zoning it is proposed to zone Lot 6 as
‘Special Use’ and Lot 7 as ‘Tourism’.
Amend Schedule 2 Clause 1.(d) by
replacing all references to ‘TRIM’ to ‘Electronic document
and records management system’ within the notes
This
modification is required as the records management system in which the
referenced records are found has changed names. To ensure this modification
takes into account any future changes it is proposed to replace
‘TRIM’ with ‘Electronic document and records management
system’.
Amend Schedule 1 Clause 29.(b) by
inserting ‘, unless in accordance with subclause (a),’ after
‘supported’
The
Department of the Environment and Energy have advised that a person proposing
to take an action that is likely to have a significant impact on a matter of
national environmental significance must refer their proposal to the Department
of the Environment and Energy (Commonwealth) for assessment and approval under
the Environment Protection and Biodiversity Conservation Act 1999 before
it can proceed.
The
current Clause 29(b) does not distinguish between a significant impact and a
minor impact and as such a modification is proposed to ensure that only
applications of a significant scale have a condition placed on them advising of
the requirement for EPBC referral. This has been done by removing those
clearing activities listed in subclause (a).
It should be noted that even with
this modification lots that are developed within this vegetation complex will
still have an advice note placed on the title advising of the requirement for a
referral to the Department of the Environment and Energy if there is a
significant impact.
Delete Additional Use
‘A2’ in Schedule 3, renumbering the remainder of the Schedule and
amending the Scheme Map accordingly to reflect the renumbered additional uses.
This modification is proposed as the
additional use that was first introduced into Town Planning Scheme No. 2 by
Amendment No. 23 is no longer required as the use has ceased. To reflect the
deletion of this use the remainder of the additional uses are renumbered.
Amend Schedule 1 Clause 12.(b) by
replacing all instances of ‘A6’ with ‘A5’.
With the deletion of ‘A2’
and the renumbering of Schedule 3 all references to ‘A6’ within the
Scheme need to be replaced with ‘A5’.
Amend Schedule 1 Clause 15.(b) by
replacing ‘A6’ with ‘A5’.
With the deletion of ‘A2’
and the renumbering of Schedule 3 all references to ‘A6’ within the
Scheme need to be replaced with ‘A5’.
Amend Schedule 2 Clause 1.(i)(v) by
replacing ‘A6’ with ‘A5’.
With the deletion of ‘A2’
and the renumbering of Schedule 3 all references to ‘A6’ within the
Scheme need to be replaced with ‘A5’.
A full copy of the amendment documentation is attached (See
Attachment A).
Consultation
A 42 day advertising period applies for amendment which will
commence upon receipt of comments from the EPA.
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
Government Sewerage Policy
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
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a⇨.
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Local Planning Scheme No. 24 -
Amendment No. 4 - Under Separate Cover
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Officer’s
Recommendation
That
Council:
1. In
pursuance of Section 75 of the Planning and Development Act 2005 amend Local
Planning Scheme No. 24 by:
I. Amending
Schedule 1 by inserting a new clause 37 as follows:
‘37. Unrestricted
Length of Stay
(a) Where
permissible in the Zoning and Land Use Table (Table 4), Additional Use
(Schedule 3), Restricted Use (Schedule 4) or Special Use (Schedule 5),
holiday house, holiday accommodation and serviced apartment uses are to be
designed and constructed to comply with all requirements of a single house,
grouped dwelling or multiple dwelling in accordance with the R-Codes and the
specific requirements of the Building Code of Australia, and must be able to
be occupied either permanently as a dwelling or temporarily for short-term
accommodation purposes.’
II. Amending
Schedule 1 by inserting a new clause 38 as follows:
‘38. Environmental,
Public Health and Amenity Protection
(a) The
emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash,
dust, waste water, waste products, grit, oil and/or any other type of
emission that may potentially impact on environmental and/or public health
are to be mitigated within the boundaries of the premises and must not impact
on public health and/or cause nuisance to users or occupants of adjoining
premises.
(b) All
building services, plant and equipment associated with a mixed use or
non-residential development is to be -
(i) acoustically
and visually screened from any adjoining and/or adjacent residential land
uses or other sensitive land uses; or alternatively;
(ii) incorporated
within the building, or is housed external to the building and is to be
contained within a solid structure and located no closer than 1.5 metres to
any adjoining property boundary.
(c) Where
non-residential development occurs within an area serviced by refuse
collection the storage of refuse on-site is to be screened from view from a
street and/or public open space.
(d) Non-residential
development and land uses adjacent to residential development shall not be
permitted to trade and/or undertake activities (e.g. deliveries) unless in
accordance with the Environmental Protection (Noise) Regulations 1997, unless
supported by a noise impact assessment submitted for consideration at the
development application stage.
Note: Prepared
to the specifications and satisfaction of the local government, any
development impact statement should address the scope of issues that have the
potential to impact upon the amenity of existing and future residents, such
as noise, lighting and crime prevention, and propose appropriate mitigating
measures for consideration.
(e) A
noise impact assessment prepared by a suitably qualified person, to the
specifications and satisfaction of the local government, may be required to
be submitted as part of any application for development approval for any
development where there is the potential for noise impacts.
III. Amending Schedule
1 by inserting a new clause 39 as follows:
‘39. Residential
Development in the Commercial and Local Centre Zones
(a) A
maximum density of R80 applies within the Local Centre Zone.
(b)
A maximum density of R160 applies within
the Commercial Zone.’
IV. Amending Schedule
3 and the Scheme Map by adding an Additional Use with the following:
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No.
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Location
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Base Zone
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Additional Use(s)
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Development Standards/Conditions
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A21
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Lot
307 Goldfields Road, Castletown
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Residential
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As a ‘D’ use:
· Shop
· Restaurant/café
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As determined by
the local government.
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V. Amending
Clause 30.(a) in Schedule 1 by replacing ‘Residential or Rural
Residential’ with ‘Residential, Rural Residential or Rural
Townsite’.
VI. Amending the
Scheme Map by reclassifying Lot 862 on Plan 201769 from ‘Rural’
to ‘Environmental Conservation’ as depicted on the Amendment Map.
VII. Amending the Scheme Map
by reclassifying Lots 1247 and 1407 on Plan FITZGL from ‘Rural’
to ‘Environmental Conservation’ as depicted on the Amendment Map.
VIII. Amending the Scheme Map by
reclassifying Lots 465 and 466 on Plan 408922 from ‘Rural’ and
‘Public Open Space’ to ‘Environmental Conservation’
as depicted on the Amendment Map.
IX. Amending the
Scheme Map by reclassifying all of Reserve 19315 as ‘Public Open
Space’ as depicted on the Amendment Map.
X. Amending the
Scheme Map by reclassifying Lot 1440 on Plan 152676 from ‘Rural’
to ‘Environmental Conservation’ as depicted on the Amendment Map.
XI. Amending the
Scheme Map by reclassifying Lots 1517 and UCL on McCrea Road from
‘Rural’ to ‘Environmental Conservation’ as depicted
on the Amendment Map.
XII. Amending the Scheme Map
by reclassifying UCL on Starcevich Road from ‘Rural’ to
‘Environmental Conservation’ as depicted on the Amendment Map.
XIII. Amending the Scheme Map by
reclassifying Lot 36 on Plan 151214, Lot 570 on Plan 407219 and UCL on Guests
Road from ‘Rural’ to ‘Environmental Conservation’ as
depicted on the Amendment Map.
XIV. Amending the Scheme Map by
reclassifying Portion of Reserve 15042 to Public Open Space and a Portion of
Connolly Street as’ Local Distributor Road’ as depicted on the
Amendment Map.
XV. Amending Schedule 2 by
inserting a new Clause 11. as follows:
‘11.
SCA 11 – Sewerage Sensitive Areas
Special Control Area
‘11.
SCA 11 – Sewerage Sensitive Areas
Special Control Area
(a) The
purpose of SCA 11 is to provide guidance for land use and development within
the Sewerage Sensitive Area as identified in the Government Sewerage Policy
and amended on the Scheme Map.
(b) Objectives
The objectives of SCA 11 are to –
(i) identify
land that has been designated as a sewerage sensitive area;
(ii) ensure
that the development and use of land does not detrimentally impact on a
sewerage sensitive area; and
(iii) implement
Scheme controls that are designed to mitigate any adverse effects on a
sewerage sensitive area.
(c) Application
Requirements
Despite any other provision of the Scheme
development approval is required for all land use and development not
connected to a reticulated sewerage system.
(d) Development
Requirements
(i) The local government may refuse any application for
development approval or impose conditions on any development approval so as
to –
i. protect public health and amenity;
ii. protect the environment: and
iii. promote the efficient use of infrastructure.
(ii) New property titles (including strata titles) should
warn of the proximity of the Sewerage Sensitive Area. This notification
pursuant to Section 165 of the Planning and Development Act 2005 is to state
“This lot is located in a Sewerage Sensitive Area and limitations may
be applied to on-site effluent disposal.”
(iii) The requirements of Schedule 1 Clause 17 will apply
to all development and land use.
(iv) Where a lot is also located within SCA 4 –
Public Drinking Water Source Protection Areas the requirements of SCA 4 will
apply in addition to the requirements of SCA 11.
(e) Relevant
Considerations
In addition to provisions of the Scheme the local
government in considering applications for development approval is to have
due regard to –
(i) The
potential impact of the proposal on the quality of the water and
environmental resources in the Sewerage Sensitive Area;
(ii) The
practicability and cost of any measures proposed for the protection of the
water and environmental resources;
(iii) The
existing level of protection of the resource provided, with reference to
management of land and location of development;
(iv) The
nature, location and performance of any existing or proposed effluent
disposal system;
(v) The
drainage characteristics of the land, including surface and groundwater flow,
and the adequacy of proposed measures to manage run-off and drainage.
(vi) The
Analysis of Surficial Ground Water Landscapes and Hydrological Pathways
linking the Ramsar Listed Lake Warden Wetlands by Tilo Massenbauer.
Note: The
report referenced in subclause (e)(vi) can be found in the Shire’s
Electronic document and records management system – Ref: D18/20641
(f) Minimum
Lot Sizes
(i) Where
subdivision of land is proposed within Special Control Area 11 and consistent
with the requirements of the Local Planning Strategy no lot is to be less
than one hectare.
(g) Referral of
Applications
(i) The
Local Government will refer applications for development approval (except for
Agriculture – Extensive, Single House and other related incidental
uses) to the Department of Health, Department of Biodiversity Conservation
and Attractions and the Department of Water and Environmental Regulation and
the Local Government is to have due regard to recommendations and advice
received from those authorities when determining applications.
(h) Modification
of Boundary
Any modification to the Government Sewerage Policy
will trigger a Basic Amendment.’
XVI. Amending
the Scheme map by classifying the unclassified potion of Reserve 48754 as
‘Public Open Space’ as depicted on the Amendment Map.
XVII. Amending
the Scheme Map by reclassifying Portion of Thomas Road and unnamed road from
‘Cultural and Natural Resource’ to ‘Local Road’ as
depicted on the Amendment Map.
XVIII. Amending Clause
38 by inserting in alphabetical order:
‘art
studio means a premise used to manufacture works of art and does not involve
the sale of works unless by means of the internet;’
XIX. Amending
Table No. 4 by inserting ‘Art studio’ as a use with an
‘A’ permissibility in the ‘Residential’ zone,
‘D’ permissibility in the ‘Rural’, ‘Rural
Residential’, ‘Rural Smallholdings’, ‘Rural
Townsite’ and ‘Light Industry’ zones and an ‘X’
use in all other zones.
XX. Amending
Schedule 5 SU5 by replacing ‘Lot 1 and Part Lot 5 Orleans Bay
Road’ within the Description of Land with ‘Lot 6 Wharton
Road’.
XXI. Amending
the Scheme map by zoning all of Lot 6 Wharton Road ‘Special Use’
and all of Lot 7 Wharton Road as ‘Tourism’ as depicted on the
Amendment Map.
XXII. Amending
Schedule 2 Clause 1.(d) by replacing all references to ‘TRIM’ to
‘HPE Content Manager’ within the notes.
XXIII. Amending
Schedule 1 Clause 29.(b) by inserting ‘, unless in accordance with
subclause (a),’ after ‘supported’
XXIV. Deleting
Additional Use ‘A2’ in Schedule 3, renumbering the remainder of
the Schedule and amending the Scheme Map accordingly to reflect the
renumbered additional uses.
XXV. Amending
Schedule 1 Clause 12.(b) by replacing all instances of ‘A6’ with
‘A5’.
XXVI. Amending
Schedule 1 Clause 15.(b) by replacing ‘A6’ with ‘A5’.
XXVII. Amending Schedule 2
Clause 1.(i)(v) by replacing ‘A6’ with ‘A5’.
2. Determine
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 4 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.
Voting
Requirement Simple Majority
|
25 September 2018 Page
23
Item: 12.1.2
Development
Application - Outbuilding - Lot 66 Tranquil Drive, Windabout
|
Author/s
|
Peter Wilks
|
Senior Planning Officer
|
|
Authorisor/s
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
File Ref: D18/20989
Applicant
Grant and Tarja Clark
Location/Address
Lot 66 Tranquil Drive, Windabout
Executive Summary
For Council to consider Development Application
10.2018.3880.2 for an Outbuilding (Shed) at Lot 66 Tranquil Drive, Windabout.
Recommendation in Brief
That Council resolve to refuse Development Application
10.2018.3880.2 for an Outbuilding (Shed) at Lot 66 Tranquil Drive, Windabout as
it is inconsistent with Clause 30(a) of Schedule 1 of Local Planning Scheme No.
24.
Background
Lot 66 Tranquil Drive is zoned Rural Residential and
is 20,412 square metres in size.
A development application for a combined Dwelling and
Outbuilding (Shed) was received by Planning Services on 17 July 2018 and was
approved under Delegated Authority on 27 July 2018. Unfortunately, the applicants
have since determined that the Dwelling component, specifically the need to
comply with Bushfire Protection requirements under Australian Standard 3959
– Construction of Buildings in Bushfire Prone Areas, renders the project
cost prohibitive with the applicants preferring to save what they can with the
intention of constructing a full sized dwelling on the property at an undefined
time in the future. As such the applicants now seek consent to remove the
Dwelling component and to construct just the Outbuilding.
Unfortunately, as there is not another dwelling
proposed on Lot 66 Tranquil Drive to replace the one approved in the
Outbuilding, this renders the proposal inconsistent with Clause 30(a) of
Schedule 1 of Local Planning Scheme No. 24 which states:
Erection of an outbuilding
on a Residential or Rural Residential zoned lot is not permitted unless
development approval has already been issued for the erection of a single
house, grouped dwelling or multiple dwelling on the lot.
The proposal complies with all other provisions of the
Local Planning Scheme and Local Planning Policy: Outbuildings.
There is no delegation to refuse development that is
inconsistent with this Clause and as such the application has been referred to
Council for being inconsistent with Local Planning Scheme No. 24.
Officer’s Comment
Clause 30(a) was originally inserted in Local Planning
Scheme No. 24 due to the construction of numerous unapproved dwellings in
previously approved Outbuildings in Rural Residential, and to a lesser extent
Residential, zoned areas.
Planning Services recommends that the application be
refused on the grounds that were the proposal to be approved it would create
precedence for overriding Clause 30(a), essentially rendering this Clause
irrelevant.
If Council consider approving the development Clause
64 of Schedule 2 of the Planning and Development (Local Planning Schemes)
Regulations 2015 will need to be complied with.
If this option is exercised is should also be noted that the
local government is required to enforce or implement effectively the observance
of the Scheme.
To administer the Scheme effectively the application should
be laid on the table until such time as the proponent prepares a local Planning
Scheme Amendment and that such amendment is to be gazetted prior to the item
being considered.
It should also be noted that Amendment No. 2 to the Scheme
proposes to amend how ‘outbuildings’ are approved in the Scheme.
Under this amendment an ‘Outbuilding’ is listed as an
‘I’ use which means that the use is permitted if it is consequent
on, or naturally attaching, appertaining or relating to the predominant use of
the land and it complies with any relevant development standards and
requirements of this Scheme.
Under this provision development approval could not be issued
for an ‘Outbuilding’ on a vacant ‘Rural Residential’
lot.
Consultation
As the only issue with the proposal is non-compliance
with Clause 30(a), advertising was deemed unnecessary as the Scheme does not
permit the development to be approved though a non-objection was obtained by
the applicants from the only adjoining non-crown landowner.
Financial Implications
Application fees totalling $125.00 were received as part of
this application.
Asset Management Implications
Nil
Statutory Implications
Local Planning Scheme No. 24
It should be noted that pursuant to
s.211(1) of the Planning and Development Act 2005, a person aggrieved by
the failure of a local government to enforce or implement effectively the
observance of a local planning scheme may make representation to the Minister.
If the Minister considers it appropriate to do so, representation may be
referred to the State Administrative Tribunal for its report and
recommendation. Following subsequent actions and recommendation by the SAT the
Minister may order the local government to do all things considered necessary
for enforcing the observance of the Scheme or any provisions of the Scheme.
In this instance it is considered
that the Scheme has been enforced effectively.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 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
|
Officer’s Recommendation
That Council resolve to refuse
Development Application 10.2018.3880.2 for an Outbuilding (Shed) at Lot 66
Tranquil Drive, Windabout on the following grounds:
1. The
proposed development is inconsistent with Clause 30(a) of Schedule 1 of Local Planning Scheme No. 24.
Voting Requirement Simple Majority
|
25 September 2018 Page
26
25 September 2018 Page
30
12.2 Asset Management
Item: 12.2.1
Community Sporting and
Recreation Facilities Fund (CSRFF) Forward Planning Grant Applications -
Prioritisation
|
Author/s
|
Amelia Fitzgerald
|
Supervisor Asset Administration
|
|
Authorisor/s
|
Mathew Walker
|
Director Asset Management
|
File Ref: D18/20241
Applicant
Internal
Location/Address
Scaddan Country Club
Executive Summary
Council is requested to support and prioritise the
Shire of Esperance application to the CSRFF Forward Planning Grant Funding
round for $287,500 towards redevelopment of Scaddan Country Club and submit it
to the Department of Sport and Recreation by 30 September 2018.
Recommendation in Brief
That Council:
1. Endorses
the application from the Shire of Esperance for a CSRFF grant of $287,500 for
redevelopment of the Scaddan Country Club; and
2. Submits
the Shire of Esperance application, as the only application received for the
2019/2020 CSRFF Annual and Forward Planning grant round, to the Department of
Sport and Recreation by the closure date of 30 September 2018.
Background
The Department of Sport and Recreation (DSR) through
the Community Sporting and Recreation Facilities Fund (CSRFF) provides
financial assistance to community groups and local governments to develop
infrastructure for sport and recreation. The program aims to increase
participation in sport and recreation with an emphasis on increasing physical
activity through well planned facilities.
Forward Planning Grants $166,667 - $2,000,000. There
is only 1 round closing 30 September 2018.
Applications must be endorsed by Council and
prioritised and submitted to the Department of Sport and Recreation by the
advertised closure dates. Successful applicants for the Forward Planning Grants
Round will be advised during January / February 2017.
Officer’s Comment
The Shire of Esperance is the only applicant in this
funding round for the Forward Planning Grants. The project cost for the
redevelopment of the Scaddan Country Club, a project that is part of the
Recovery from the November 2015 fires. The total project cost is estimated to
be $1,300,000 ex GST. The Shire is seeking $287,500 from the CSRFF towards the
project which is the cost estimate in the project to upgrade the existing
Country Club building to support the current sporting facilities located in
Scaddan.
Consultation
There has been consultation with the Department of Sport and
Recreation Goldfields Regional Manager as is required under the grant
application process. The Scaddan Restoration Reference Group is also being
updated on progress towards achieving this project.
Financial Implications
The financial implications arising from this report are
|
Description
|
Expenditure
|
Revenue
|
|
Cost of Construction
|
|
$1,312,000
|
|
|
CSRFF Grant
|
|
|
$287,500
|
|
Lotterywest Grant
|
|
|
$385,000
|
|
Donation – Esperance
Fires
|
|
|
$250,000
|
|
Shire of Esperance -
Insurance
|
|
|
$389,500
|
|
Total
|
|
$1,312,000
|
$1,312,000
|
Asset Management Implications
|
|
Capital
|
Annual
|
Comments
|
|
Capital
|
$1,312,000
|
|
|
|
Interest (economic cost)
|
|
52,480
|
4% pa
|
|
Depreciation (ongoing costs)
|
|
26,240
|
Over 50 years
|
|
Maintenance (ongoing cost)
|
|
6,560
|
0.5% of capital
|
|
|
|
|
|
|
|
|
85,280
|
Per year
|
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
Services, infrastructure and public places that meet and
adapt to community needs and changing priorities
Ensure services,
infrastructure and public places are aligned to community needs now and in the
future
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Scaddan Country Club Detailed
Design Development
|
|
|
Officer’s Recommendation
That Council:
1. Endorses
the application from the Shire of Esperance for a CSRFF grant of $287,500 for
redevelopment of the Scaddan Country Club; and
2. Submits
the Shire of Esperance application, as the only application received for the
2019/2020 CSRFF Annual and Forward Planning grant round, to the Department of
Sport and Recreation by the closure date of 30 September 2018.
Voting Requirement Simple Majority
|
25 September 2018 Page
39
12.3 Corporate Resources
Item: 12.3.1
Lease
- Ian and Susanne Small - Esperance Mini Golf
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D18/14510
Applicant
Ian and Susanne Small
Location/Address
Lot 1027 The Esplanade Esperance, Reserve 28207.
Executive Summary
For Council to consider entering into a new land only
lease with Ian and Susanne Small for the Esperance Mini Golf.
Recommendation in Brief
That Council agrees to enter into a new land only
lease with Ian and Susanne Small for the Esperance Mini Golf.
Background
The premises is located on a reserve managed by the
Southern Ports Authority and leased to the Shire of Esperance.
A previous sub-lease was approved in 1997 and Ian and
Susanne Small have been leasing the premises since 2006 when the Lease was
reassigned. This sub-lease was for the land only as the building is owned by
the Lessee.
During this time all accounts have been attended to,
with rent being paid in advance at regular intervals.
Officer’s Comment
The Southern Ports Authority have provided
in-principle approval for a new sub-lease to be put in place for the premises,
subject to the Board’s approval of terms and conditions.
The head lease between the Shire of Esperance and
Southern Ports Authority is due to expire in 2026 with a further term of 10
years. It is proposed that the sub-lease be offered for an initial term of 7
years, 5 months and 17 days with a further term of 10 years to fall in line
with the term of the head lease.
Over the next 12 months paths are proposed to be installed
within this area of Adventureland Park. Some of these paths may extend into the
lease area. It is proposed that a clause within the lease by negotiated with
the lessees to allow this to occur.
A rental valuation has been obtained from Herron Todd White,
dated 24 July 2018, in order to determine the annual lease fee payable for this
site. This valuation has determined the rental rate for the site to be $3,200
Inc GST per annum.
The current annual rent being charged for this site is
$3,293.40 Inc GST.
Consultation
Southern Ports Authority
Manager Planning and Lands Projects
Compliance Officer
Finance
Susanne Small
Herron Todd White Valuer
Financial Implications
Lease preparation fee of $550 Inc GST
Annual Lease fee of $3,200 Inc GST
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 – Section 3.58 Disposing of Property
Land Administration Act 1997 – Section 18 Crown Land
Transactions that need Minister’s approval
Policy Implications
COR004: Building and Property Leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Growth &
Prosperity
Support our businesses to
grow, adapt and assists in building capacity
Develop partnerships to
actively support economic growth
Corporate Business Plan 2017/2018 – 2020/2021
Manage Shire Leases and Insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Lease Renewal Request - Esperance
Mini Golf
|
|
|
b.
|
Herron Todd White Valuation - July
2018 - Confidential
|
|
|
Officer’s Recommendation
That Council, subject to Southern
Ports Authority approval, agrees;
1. To enter into a sub-lease with Ian
and Susanne Small for portion of Lot 909 The Esplanade, Reserve 28207;
2. The term of the lease to be 7 years
and 5 months and 17 days with a further term of 10 years;
3. A clause to allow paths to be
installed and maintained within the lease area by the Shire;
4. A lease preparation fee of $550 Inc
GST;
5. Annual lease fee payable of $3,200
Inc GST, subject to annual rent reviews based on CPI; and
6. The disposition being advertised in
accordance with Section 3.58 of the Local Government Act 1995 for
Disposal of Property.
Voting Requirement Simple Majority
|
25 September 2018 Page
42
25 September 2018 Page
44
Item: 12.3.2
New
Lease - Scout Hall - Scouts WA
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D18/20627
Applicant
Scouts Australia, WA Branch
Location/Address
Portion of Lot 686 The Esplanade, Reserve 32048.
Executive Summary
For Council to consider entering into a lease with
Scouts Australia, WA Branch for the Scout Hall site.
Recommendation in Brief
That Council agrees to enter into a lease with Scouts
Australia, WA Branch for the Scout Hall site.
Background
A previous lease for the Scout Hall site was held by the
Scout and Guide Hall Committee and this expired in 2013. A new lease was not
entered into at this time due to the Public Land Strategy and Town Revitalisation Plan process and the Scout and
Guide Hall Committee continued to operate from the premises.
In 2015, once the Public Land Strategy and Town
Revitalisation Plan were completed, contact was made with the Hall Committee to
arrange for a new lease to be entered into.
A lease request was received from the Hall Committee in July
2016, however on advice provided by McLeods Barristers and Solicitors it was
decided to not enter into a lease with an un-incorporated group. This was
discussed with a representative from the Hall Committee and it was determined
that Scouts Australia would be contacted to discuss the possibility of the
lease being taken out with the WA Branch.
Correspondence from Scouts Australia WA Branch was received
22 August 2018 requesting to enter into a 15 year lease for the Esperance Scout
Hall site.
Officer’s Comment
The Scouts have operated from this site for a long
period of time and have provided the youth of Esperance with various
opportunities for learning and activities.
The Hall is also used by other community groups for
regular activities and events, as well as private hire by businesses and
individuals. Revenue from this hiring is put toward maintenance and repair for
the hall.
By requesting a long term lease, the group has a
higher chance of securing funding for ongoing capital projects at the site.
As part of the Town Revitalisation Plan, Lot 686 The
Esplanade was identified as a potential commercial development area for short
stay accommodation and/or residential apartments with associated hospitality
facilities in the long term.
It is suggested that the lease area be reduced to the
yellow framed area on the site plan above as the Shire currently maintains the
remaining area on the Lot. This will not restrict usage of the area by the
Scout group as it is public space; however will enable greater efficiency for
the Shire with any improvements in the area, such as footpaths.
Following discussions with Shire officers, it was
determined that there are no concerns with this proposal being accepted.
Consultation
Scouts Australia, WA Branch
Carmel Halls – Scouts Esperance/Hall Committee
Manager Strategic Planning and Land Projects
Club Development Officer
Compliance Officer
Financial Implications
Annual Lease fee of $110 Inc GST
Lease preparation fee of $125 Inc GST
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 – s3.58 Disposing of property
Local Government (Functions and General) Regulations 1996 – s30(2)(e) Dispositions of
property excluded from Act
Land Administration Act 1997 – s18 Crown land
transactions that need Minister’s approval
Policy Implications
COR004 – Building and Property Leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
Active and growing volunteers and community groups that
facilitate and support activities, bringing the community together
encourage and support
volunteers and community groups
Corporate Business Plan 2017/2018 – 2020/2021
Manage Shire leases and insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Scouts Australia WA Branch - Lease
Request
|
|
|
Officer’s Recommendation
That Council, subject to Department
of Lands’ approval, agrees to;
1. Enter
into a lease with Scouts Australia, WA Branch for portion of Lot 686 The
Esplanade, Reserve 32048;
2. The
term of the lease being 15 years;
3. Annual
lease fee of $110 Inc GST payable; and
4. Lease
preparation fee of $125 Inc GST payable.
Voting Requirement Simple Majority
|
25 September 2018 Page
47
25 September 2018 Page
49
Item: 12.3.3
Financial
Services Report - August 2018
|
Author/s
|
Beth O'Callaghan
|
Manager Financial Services
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D18/21702
Attachments
|
a⇩.
|
Financial Services Report - August
2018
|
|
|
Officer’s Recommendation
That the report entitled Monthly
Financial Management Report (incorporating the Statement of Financial
Activity) for the month of August 2018 as attached be received.
Voting Requirement Simple Majority
|
25 September 2018 Page
50
25 September 2018 Page
67
25 September 2018 Page
71
25 September 2018 Page
72
25 September 2018 Page
74
25 September 2018 Page
105
12.4 Executive Services
Item: 12.4.1
Information
Bulletin - August 2018
|
Author/s
|
Alli McArthur
|
Administration Officer - Executive Services
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D18/21278
Applicant
Internal
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
Work together to enhance
trust participation and community pride
Actively engage and
communicate with the community to ensure informed decision-making
Attachments
|
a⇩.
|
Information Bulletin - August 2018
|
|
|
b⇩.
|
Corporate Performance Report -
August 2018
|
|
|
c⇩.
|
Register - Delegations Discharge -
Corporate Resources
|
|
|
Officer’s Recommendation
That Council accepts the
Information Bulletin for June 2018 and;
1. Corporate
Performance Report - August 2018
2. Register
- Delegations Discharge - Corporate Resources
Voting Requirement Simple Majority
|
25 September 2018 Page
107
25 September 2018 Page
132
25 September 2018 Page
134
13. Reports Of Committees
Item: 13.1
Minutes
of Committees
|
Author/s
|
Alli McArthur
|
Administration Officer - Executive Services
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D18/19698
Attachments
|
a⇩.
|
Esperance Roadwise Committee - 14
August
|
|
|
b⇩.
|
Jetty Replacement Working Group -
28 August 2018
|
|
|
Officer’s Recommendation
That Council receive the following
unconfirmed committee minutes:
1. Esperance
Roadwise Committee - 14 August 2018
2. Jetty
Replacement Working Group - 28 August 2018
Simple
Majority
|
25 September 2018 Page
136
25 September 2018 Page
142
25 September 2018 Page
149
14. Motions of which Notice has been Given
Nil
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
17. MATTERS BEHIND CLOSED DOORS
Officer’s Comment:
It
is recommended that the meeting is behind closed doors for the following items,
in accordance with section 5.23(2) of the Local Government Act 1995.
Item: 17.1
0147-18 - Supply,
Delivery and Licensing of One New 2018/2019 Multi Wheel Roller
Confidential
Item
This report is considered
confidential in accordance with the Local Government Act 1995, as it relates to
a contract entered into, or which may be entered into, by the local government
and which relates to a matter to be discussed at the meeting (Section
5.23(2)(c)).
Item: 17.2
0148-18
Supply, Delivery and Licensing of One New 2018 /2019 Motor Grader
Confidential
Item
This report is considered
confidential in accordance with the Local Government Act 1995, as it relates to
a contract entered into, or which may be entered into, by the local government
and which relates to a matter to be discussed at the meeting (Section
5.23(2)(c)).
Item: 17.3
Purchase
of On-Site Accommodation at Seafront Caravan Park
Confidential
Item
This report is considered
confidential in accordance with the Local Government Act 1995, as it relates to
a contract entered into, or which may be entered into, by the local government
and which relates to a matter to be discussed at the meeting (Section
5.23(2)(c)).
18. PUBLIC QUESTION TIME
19. CLOSURE
