11 October 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 16 October 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 23 October 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
Disclosed
 Item
No:
 Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
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Interest
Disclosed
Item
No:
Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
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Interest
Disclosed
 Item
No:
 Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
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Signature: Date:
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Office Use Only:
 Entered
into interest Register:
Officer
Date
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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 23 October 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
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
QUESTIONS
TAKEN ON NOTICE - SEPTEMBER ORDINARY COUNCIL MEETING
Asked
by Mr Brian Pearce
Answered
by Mr Matthew Scott - Chief Executive Officer
Thank
you for submitting questions that were taken on notice at the September 2018
Ordinary Council Meeting. Please find below the Shire's response to your
questions, which will also be published in the agenda of the October 2018
Ordinary Council Meeting (OCM) as per Clause 3.3 (3) of the Shire of Esperance
Standing Orders Local Law 2015.
Question
1
[With
regards to the Esperance Skate Park], were these figures included in the
2015/16 (or 2014/15) budget? Also this facility was erected over land that was
vested to the Shire in 1952 for a Scout and Girls Guide Facility, and remain
CROWN land, was permission given for this to be erected on Crown land, I
believe that Horizon Power were loath to Power as it erected over two (2)
blocks?
Response
The
budget for the construction of the skate park was incorporated within the 2015/16
original budget (50815-001) and was subsequently amended during the Budget
Review at the March 2016 OCM (00316-002) when additional funds were received
from LotteryWest.
The
Esperance Skate Park is constructed entirely within Reserve 27318 which is a
Crown Reserve, vested in the Shire of Esperance, for the purpose of
'Recreation'. The land upon which the Scout Hall is located is a separate
parcel of land. Reserve 32048, of which no portion of the Skate Park is located
on. As Skate Park activities fit within the purpose of the vesting of the Crown
Reserve, permission from the State for its development was not required.
Question
2
On
the 12th October 2016 Council called a Community Consultation
meeting from 4pm to 5pm at the Civic Centre to discuss a "Parking and
Pedestrian Strategy I am lead to believe this cost in the vicinity of $50,000
and what I saw being presented it appeared to be dud. Was this cost included in
the 2016/17 Budget?
Response
The
cost in developing the Esperance Town Centre Parking, Traffic and Pedestrian
Strategy was included within the original 2015/16 budget (50815-002), as
recommended from the Town Centre Revitalisation Plan (50415-007). A portion of
this project was unfinished during 2015/16 and was subsequently carried over in
into the 2016/17 budget (00716-034). Subsequent to the community consultation
and feedback received by the Shire, the final Strategy was adopted by Council
at the April 2017 OCM (00417-070).
Question
3
Was
the purchase of the Land in the Merival[e] Road area included in the budget of
2016/17 when the contract to buy was completed in the period o[f] April to June
2017? Has all the costs $650,000 associated with this purchase been included in
the Budget of 2017/18?
Response
The
purchase of land for a new Waste Facility was first included within the
original 2015/16 budget (50815-002). These funds were subsequently carried
forward to the 2016/17 Budget (00716-034), when an earlier site was found to be
not appropriate for a Waste Facility, and the Council chose not to pursue the
purchase the property (00716-030).
Investigative
works and reports seeking approvals for the Lot 12 Kirwan Road site, as well as
other potential waste sites, have been budgeted for in each respective year
that the work has occurred. All costs associated with developing a new waste
site have been funded from the Shire's Sanitation (Rubbish Removal) Services
Reserve, and not from general municipal funds. Proposed and actual movements of
funds within the this Reserve (as with all reserves) are publically disclosed
within the Shire's Annual Budget and Audited Annual Financial Statements, and
in the Monthly Financial Statements, which can be found within each month's OCM
Agenda.
Question
4
The
West Beach Car Park cost in the vicinity of $50,000 for legal fees, was this
cost included in
the
budget of 2017/18?
Response
As
these costs were incurred as a consequence of an appeal hearing at the State
Administration Tribunal during the last quarter of the financial year, these
specific legal costs ($40,790) where not known until the end of the financial
year, and therefore could not have been individually allocated at the time of
the 2017/18 budget adoption or subsequent mid-year Annual Budget Review. This
being said, there was a generic allocation for Legal Expenses included in the
2017/18 operating budget (00717-172).
Despite
this, and other unexpected or unforeseeable costs throughout the year (such as
the Burraminya Fire costs), the Shire has been able to adsorb these variances,
without negatively impacting on the net financial result for the year (which
will be published in the audited annual financial statements). This has been
achieved due to an ongoing focus on cost control by Council and the
introduction of operational efficiencies within the Shire's day to day
operations.
Question
5
What
other expenditure has been spent that was not included in any of the Budgets?
Since 2011
when
6(six) new members were elected to Council?
Response
The
Shire is unaware of any budgetary expenditure that has not been appropriately
authorised as per Section 6.2 Local Government to prepare annual budget and/or
Section 6.8 Expenditure from Municipal fund not included in annual budget, of
the Local Government Act 1995.
The
Shire acknowledges there will always be instances of budget to actual variances
(unders and overs) throughout any financial year as with any other
organisation; however this should not be confused with unapproved expenditure,
as defined with the Local Government Act 1995. The Shire of Esperance
financials are independently audited each year, and there has been no reported
breaches of unapproved expenditure under the Local Government Act 1995, during
the period queried.
The
Shire is also required to undertake Annual Budget Reviews, through the Shire's
Audit Committee (made up of only Councillors and an independent Community
Representative), and recommendations from this committee must be considered by
Council. The Audit committee is also required by law to meet directly with the
Shire's Auditor and can question any and all aspects of the Shire Financial
Management practices and processes.
During
this period, all completed major projects that received grant funding have been
fully acquitted with the respective funding body or government agency, and no
known discrepancies have been found. Furthermore, all monthly expenditure is
disclosed (in the creditor payments schedules) in the Shire's Monthly Financial
Reports, published in each month's OCM agenda and which is regularly queried by
Councillors at Council Meetings.
8. PUBLIC ADDRESSES / DEPUTATIONS
9. Petitions
Nil
10. CONFIRMATION OF MINUTES
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That
the Minutes of the Ordinary Council Meeting of the 25 September 2018 be
confirmed as a true and correct record.
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
Proposed
Road Closure and Amalgamation with Reserve 34491, Scaddan
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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: D18/22511
Applicant
Internal
Location/Address
Portion of Unnamed Road Reserve, Scaddan
Executive Summary
That Council resolve to close the indicated Unnamed
Road and amalgamate it with Reserve 34491 and the result of that amalgamation
being amalgamated with Reserve 34514.
Recommendation in Brief
That Council:
1. Request the Minister of Lands to close the
road reserve known as Unnamed Road, Scaddan under Section 58 (1) of the Land
Administration Act 1997 and amalgamate the aforementioned portion of closed
road with Reserve 34491.
2. Request the Minister of Lands amalgamate the
resulting Reserve 34491 with Reserve 34514 with the purposes of
‘Club’ and ‘Recreation’ with a power to lease for a
period not exceeding 21 years.
3. Advise the Minister of Lands that in
accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises
that it is liable to indemnify the Minister against any claim for compensation
in an amount equal to the amount of all costs and expenses reasonably incurred
by the Minister in considering and granting the request.
Background
The Scaddan Country Club cannot currently expand due
to an unconstructed road reserve on its boundary. Closing the road reserve and
incorporating it within Reserve 34991 and then merging the result with Reserve
34517 will ensure that land tenure does not form any impediment to the
development of the site.
Officer’s Comment
The proposal is to close an Unnamed Road, Scaddan (Attachment
A) and have it vested with the Shire of Esperance as part of Reserve 34991 for
the purpose of ‘Club’ to enable the expansion of the Scaddan
Country Club.
It is proposed that the expanded Reserve 34991 will be
amalgamated with Reserve 34514. This reserve will take the purposes of both
reserves being ‘club’ and ‘recreation’ and it is
proposed to retain the current power to lease.
Consultation
The road closure process operates under Section 58 of the
Land Administration Act 1997, which required a minimum 35 day public
comment/referral period to all affected landowners and government agencies.
Advertising was undertaken between 19 July 2018 and the 7 September
2018. A notice was also
placed in the Esperance Express on 27 July 2018
The following submissions were received:
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Submitter
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Comment
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Water Corporation
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No Concerns
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Department of Mines, Industry Regulation and Safety
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No significant issues with respect to mineral and
petroleum resources, geothermal energy, and basic raw materials
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Department of Planning, Lands and Heritage
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No Objection
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Department of Health
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No Objection
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Department of Water and Environmental Regulation –
Water
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No Objection or comments
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Main Roads Western Australia
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No Objection
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At the closure of the advertising no public submissions had
been received and 6 agency submissions (Attachment B) had been received. There
were no objections to the proposed road closure.
Financial Implications
Once the proposal has been formally adopted by Council, all
costs associated with the road closure process in regard to title adjustments
and new titles are to be met by the Shire of Esperance. Furthermore, at this
stage the Shire of Esperance will need to indemnify the Minister of all costs
and charges in association with the closure.
The Department of Planning, Lands and Heritage – Land
Services has advised
that as the proposal deals with Crown land the only costs would be those
associated with Sections 56 and 58 of the Land Administration Act 1997
being the advertising and survey costs.
Asset Management Implications
This item relates to the closure of an unconstructed road.
Statutory Implications
Local Government Act 1995
Land Administration Act 1997
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 – 2027
Built Environment
Sustainable, high quality
assets which meet the needs of the community
Maintain the
Shire’s robust asset management practices and maintenance programs
Environmental Considerations
Nil
Attachments
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a⇩.
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Proposed Road Closure Plan
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b⇩.
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Submissions
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Officer’s Recommendation
That Council:
1. Request the Minister of Lands
to close the road reserve known as Unnamed Road, Scaddan under Section 58 (1)
of the Land Administration Act 1997 and amalgamate the aforementioned
portion of closed road with Reserve 34491.
2. Request the Minister of Lands
amalgamate the resulting Reserve 34491 with Reserve 34514 with the purposes
of ‘Club’ and ‘Recreation’ with a power to lease for
a period not exceeding 21 years.
3. Advise the Minister of
Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire
recognises that it is liable to indemnify the Minister against any claim for
compensation in an amount equal to the amount of all costs and expenses
reasonably incurred by the Minister in considering and granting the request.
Voting Requirement Simple Majority
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Item: 12.1.2
Local
Planning Scheme No. 24 - Amendment No. 4 - Part 1
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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: D18/22721
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.
It should be noted that this item is part 1 of 4. The
following items (parts 2 – 4) deal with components of the Amendment that
have Councillor/s having a financial interest.
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(a)
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.
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 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
|
a⇨.
|
Local Planning Scheme No. 24 -
Amendment No. 4 - Under Separate Cover
|
|
|
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.
IV. Amending Clause
30.(a) in Schedule 1 by replacing ‘Residential or Rural
Residential’ with ‘Residential, Rural Residential or Rural
Townsite’.
V. Amending the
Scheme Map by reclassifying Lot 862 on Plan 201769 from ‘Rural’
to ‘Environmental Conservation’ as depicted on the Amendment Map.
VI. Amending the
Scheme Map by reclassifying Lots 1247 and 1407 on Plan FITZGL from
‘Rural’ to ‘Environmental Conservation’ as depicted
on the Amendment Map.
VII. 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.
VIII. Amending the Scheme Map by
reclassifying all of Reserve 19315 as ‘Public Open Space’ as
depicted on the Amendment Map.
IX. Amending the
Scheme Map by reclassifying Lot 1440 on Plan 152676 from ‘Rural’
to ‘Environmental Conservation’ as depicted on the Amendment Map.
X. Amending the
Scheme Map by reclassifying Lots 1517 and UCL on McCrea Road from
‘Rural’ to ‘Environmental Conservation’ as depicted
on the Amendment Map.
XI. Amending the Scheme
Map by reclassifying UCL on Starcevich Road from ‘Rural’ to
‘Environmental Conservation’ as depicted on the Amendment Map.
XII. 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.
XIII. 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.
XIV. Amending the Scheme map by
classifying the unclassified potion of Reserve 48754 as ‘Public Open
Space’ as depicted on the Amendment Map.
XV. 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.
XVI. 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;’
XVII. 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.
XVIII. 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’.
XIX. 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.
XX. Amending
Schedule 2 Clause 1.(d) by replacing all references to ‘TRIM’ to
‘Electronic document and records management system’ within the
notes.
XXI. Amending Schedule
1 Clause 29.(b) by inserting ‘, unless in accordance with subclause
(a),’ after ‘supported’
XXII. 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.
XXIII. Amending Schedule 1 Clause
12.(b) by replacing all instances of ‘A6’ with ‘A5’.
XXIV. Amending Schedule 1 Clause 15.(b)
by replacing ‘A6’ with ‘A5’.
XXV. 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
|
Item: 12.1.3
Local
Planning Scheme No. 24 - Amendment No. 4 - Part 2
|
Author/s
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D18/22725
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.
The modifications proposed by this Amendment No. 4 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
In this instance this item deals with the assignment of an
R-Code to the ‘Commercial’ zone due to Councillors having a
financial interest.
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 to Item 12.1.2.
Amend
Schedule 1 by inserting a new Clause 39(b)
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.
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
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
Nil
|
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 as Clause 39.(b) as follows:
‘(b) A
maximum density of R160 applies within the Commercial Zone.’
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
|
Item: 12.1.4
Local
Planning Scheme No. 24 - Amendment No. 4 - Part 3
|
Author/s
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D18/22731
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.
The modifications proposed by this Amendment No. 4 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
In this instance this item deals with the insertion of an Additional Use to
reflect a long term non-conforming use due to a Councillor having a financial interest.
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 to Item 12.1.2.
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.
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
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
Nil
|
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 3
and the Scheme Map by adding an Additional Use with the following:
|
No.
|
Location
|
Base Zone
|
Additional Use(s)
|
Development Standards/Conditions
|
|
A21
|
Lot
307 Goldfields Road, Castletown
|
Residential
|
As a ‘D’ use:
· Shop
· Restaurant/café
|
As determined by
the local government.
|
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
|
Item: 12.1.5
Local
Planning Scheme No. 24 - Amendment No. 4 - Part 4
|
Author/s
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D18/22735
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.
The modifications proposed by this Amendment No. 4 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
In this instance this item deals with the insertion of a new Special Control
Area addressing the introduction of the Government Sewerage Policy due to a Councillor having a
financial interest.
Officer’s Comment
The following is a summary of the point contained
within the amendment document and for the sake of clarity, should be read with
Attachment A to Item 12.1.2.
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.
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
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
Nil
|
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 2 by inserting a new Clause 11. as follows:
‘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.’
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
|
Item: 12.1.6
Transfer
of Land - Lot 666 on Plan 2788
|
Author/s
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D18/24478
Applicant
Internal (Strategic Planning and Land Projects)
Location/Address
Executive Summary
For Council to consider authorising the Chief Executive Officer to sign the Transfer of Land of
Lot 666 on Plan 2788 and the associated “Appointment to Act as Settlement
Agent” for the purpose of a road.
Recommendation in Brief
That Council authorise the Chief Executive Officer to sign
the Transfer of Land of Lot 666 on Plan 2788 and the associated
“Appointment to Act as Settlement Agent” for the purpose of a road.
Background
With the development of the Port Access Corridor the
cul-de-sac head of Hughes Road was built partially within a freehold lot (Lot
666) in the ownership of the Southern Port Authority.
Officer’s Comment
It is proposed to transfer Lot 666 on Plan 2788 to the
Shire to facilitate the dedication of the lot as a road.
Consultation
Southern Ports Authority
Financial Implications
The consideration associate with the purchase of Lot 666 on
Plan 2788 is $1.
Asset Management Implications
This purchase of Lot 666 on Plan 2788 will enable the part of
the cul-de-sac head for Hughes Road
Statutory Implications
Transfer of Land Act 1893
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
Road networks that meet
the needs of our community and provide safe movement for all users
Deliver a diverse,
efficient and safe transport system
Environmental Considerations
N/A
Attachments
|
a⇩.
|
Settlement Documents - Lot 666 on
Plan 2788
|
|
|
Officer’s Recommendation
That Council authorise the Chief
Executive Officer to sign the Transfer of Land of Lot 666 on Plan 2788 and
the associated “Appointment to Act as Settlement Agent” for the
purpose of a road.
Voting Requirement Simple Majority
|
12.2 Asset Management
Item: 12.2.1
Additional
Road Funding
|
Author/s
|
Mathew Walker
|
Director Asset Management
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D18/23208
Applicant
Internal
Location/Address
Various roads
Executive Summary
For Council to consider a budget variation in relation
to the annual roads program.
Recommendation in Brief
That Council approve a budget variation for the annual
roads program.
Background
Council approved its annual budget in Late July 2018,
included in this was the annual road works program. Subsequently to approving
the roads budget, the Shire has been notified by Main Roads of additional
funding and grants.
Officer’s Comment
The Shire’s Main Roads WA Direct Road Grant has
been increased from the anticipated $385,460 included in the budget to $649,307 for this financial year. The Shire has also been
offered by Main Road WA additional State Black Spot funding for three projects
that were on the standby list for this year. The three projects all involve
staggering intersections at cross roads located at Swan Road / Burnside Road,
Quast Road / Fagan Road and Kendal Road / Liebeck Road. These projects require a 1/3rd
contribution from the Shire.
The proposal for the additional road funding received
is allocate the 1/3rd Shire requirement for the State Black Spot
projects and to allocate the remaining funds to power line vegetation
management and to our line marking program for new lines and to remark
line after our reseal programs.
Due to the Shire’s obligations under the Energy
Operators (Powers) Act 1979, the Shire must maintain vegetation near power
lines that is not naturally occurring within its road reserves and properties.
As Horizon Power is becoming more stringent on their requirements, more budget
is required this year to deal with the vegetation that is within the power line
clear zones.
The Shires line marking program is for new line
marking on Parmango Road, Orleans Bay Road, S bends on Grass Patch Road and the
End of Cascade Road as well as the reinstatement line marking on our
construction and reseal projects. Once we have established / reestablished the
line marking, Main Roads will undertake the re-line marking going forwards as
part of their programs.
Consultation
MRWA
Financial Implications
The financial implications arising from this report are
detailed in the following table
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
MRWA Direct Grant - Roads
|
7930-154-760
|
(385,460)
|
(649,307)
|
263,847
|
|
SBS – Swan Rd and Burnside
Rd
|
New WO
|
0
|
(29,333)
|
29,333
|
|
SBS – Swan Rd and
Burnside Rd
|
New WO
|
0
|
44,000
|
(44,000)
|
|
SBS – Quast Rd and
Fagan Rd
|
New WO
|
0
|
(29,333)
|
29,333
|
|
SBS – Quast Rd and
Fagan Rd
|
New WO
|
0
|
44,000
|
(44,000)
|
|
SBS – Kendal Rd and
Liebeck Rd
|
New WO
|
0
|
(29,333)
|
29,333
|
|
SBS – Kendal Rd and
Liebeck Rd
|
New WO
|
0
|
44,000
|
(44,000)
|
|
Power Line Tree Clearing
|
W3078
|
50,000
|
150,000
|
(100,000)
|
|
Line Marking
|
WNew
|
0
|
119,846
|
(119,846)
|
|
Net result
|
0
|
Asset Management Implications
The increase in funding and projects identified will help
with the Shire’s asset management gap.
Statutory Implications
Local Government Act 1995:
Section 6.8 (1): A
local government is not to incur expenditure from its municipal fund for an
additional purpose except where the expenditure:
(b) is authorised in
advance by resolution (by absolute majority);
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
Road networks that meet
the needs of our community and provide safe movement for all users
Deliver a diverse,
efficient and safe transport system
Environmental Considerations
Nil
Attachments
Nil
|
Officer’s Recommendation
That Council approve a budget
variation for the annual roads program as follows:
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
MRWA Direct Grant -
Roads
|
7930-154-760
|
(385,460)
|
(649,307)
|
263,847
|
|
SBS – Swan Rd
and Burnside Rd
|
New WO
|
0
|
(29,333)
|
29,333
|
|
SBS – Swan Rd
and Burnside Rd
|
New WO
|
0
|
44,000
|
(44,000)
|
|
SBS – Quast Rd
and Fagan Rd
|
New WO
|
0
|
(29,333)
|
29,333
|
|
SBS – Quast Rd
and Fagan Rd
|
New WO
|
0
|
44,000
|
(44,000)
|
|
SBS – Kendal Rd
and Liebeck Rd
|
New WO
|
0
|
(29,333)
|
29,333
|
|
SBS – Kendal Rd
and Liebeck Rd
|
New WO
|
0
|
44,000
|
(44,000)
|
|
Power Line Tree
Clearing
|
W3078
|
50,000
|
150,000
|
(100,000)
|
|
Line Marking
|
New WO
|
0
|
119,846
|
(119,846)
|
|
Net result
|
0
|
Voting Requirement Absolute
Majority
|
12.3 Corporate Resources
Item: 12.3.1
Lease - The Conservation
and Land Management Executive Body - Ambulance Transfer Station Shed -
Esperance Airport
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D18/22228
Applicant
The Conservation and Land Management Executive Body
Location/Address
Portion of Lot 15 Coolgardie-Esperance Highway,
Gibson.
Executive Summary
For Council to consider entering into a lease with the
Conservation and Land Management Executive Body for a portion of the Ambulance
Transfer Station Shed located at the Esperance Airport, Lot 15
Coolgardie-Esperance Highway, Gibson.
Recommendation in Brief
That Council agrees to enter into a lease with the
Conservation and Land Management Executive Body for a portion of the Ambulance
Transfer Station Shed located at the Esperance Airport, Lot 15
Coolgardie-Esperance Highway, Gibson.
Background
The Conservation and Land Management Executive Body
have requested to lease an area at the Esperance Airport in order to locate a
freezer unit on site. This freezer will be used to store bait for the delivery
of their Western Shield program. Having the freezer located on site will
increase the efficiency of the program by their aircrew having ready access to
the bait and not having to travel in and out of town for replenishment of the
bait supply.
It is proposed that the bait stores on site will be
topped up two or three times per year via truck from the bait factory in
Harvey.
The Conservation and Land Management Executive Body
have requested approval to modify the existing roller door to the shed in order
for the freezer to be located within the premises and also for the installation
of a dedicated electrical power supply and sub-meter to the premises.
Officer’s Comment
Airport Officers have discussed various areas with the
Conservation and Land Management Executive Body and identified the area within
the existing Ambulance Transfer Station Shed to be the most appropriate for
their proposal. The lease area within the shed will be 4m x 4.5m and be charged
at the rate of $50/m2, as determined by the Valuation provided by
Herron Todd White.
The Conservation and Land Management Executive Body are aware that any modifications to
the premises, including the roller door and electrical installations requested,
would be at their own cost. It is believed that the requested modifications are
minor and will not create any disturbance to other users of the premises.
Officers have informed the Conservation and Land Management
Executive Body that
access to the Ambulance Transfer Station Shed must be maintained at all times
and Ambulance and Royal Flying Doctors Service will have priority.
Please refer to Attachment 1 for information on the freezer
unit, noting that the actual dimensions of the freezer unit will be 3700mm long
x 2400mm wide x 2760mm high. The Conservation and Land Management Executive Body have advised that this unit will be
remotely monitored by their officers.
Consultation
Conservation and Land Management Executive Body
Manager Council Enterprises
Airport Operations Coordinator
Airport Operations Officer
Herron Todd White – Valuer
Financial Implications
Lease Preparation Fee of $565 Inc GST
Annual Lease Fee of $990 Inc GST
Electricity usage to be charged at the L4 Business tariff
rate
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 – Section 3.58 Disposing of Property
Policy Implications
COR004: Building and Property Leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
A financially sustainable
and supportive organisation achieving operational excellence
Provide responsible
resource and planning management for now and the future
Corporate Business Plan 2017/2018 – 2020/2021
Manage Shire Leases and Insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Freezer Unit Information
|
|
|
b⇩.
|
Lease Request - Parks and Wildlife
Service
|
|
|
C.
|
Rental Assessment Report - Confidential
|
|
|
Officer’s Recommendation
That Council agrees to;
1. Enter into a lease with the
Conservation and Land Management Executive Body for portion of Lot 15
Coolgardie-Esperance Highway, Gibson;
2. The term being 3 years with a
further term of 5 years;
3. Annual Lease fee being $990 Inc GST,
subject to annual CPI increases;
4. Lease preparation fee of $565 Inc
GST being payable;
5. The Lessee modifying the existing
roller door to meet their requirements, at their own cost, subject to
relevant approvals being received; and
6. The Lessee installing an
electricity sub-meter on site, at their own cost, to calculate electricity
usage costs.
Voting Requirement Simple Majority
|
Item: 12.3.2
Financial
Services Report - September 2018
|
Author/s
|
Beth O'Callaghan
|
Manager Financial Services
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D18/23409
Attachments
|
a⇩.
|
Financial Services Report -
September 2018
|
|
|
Officer’s Recommendation
That the report entitled Monthly
Financial Management Report (incorporating the Statement of Financial
Activity) for the month of September 2018 as attached be received.
Voting Requirement Simple Majority
|
12.4 Executive Services
Item: 12.4.1
Agenda
Briefing and Ordinary Council Meeting Dates - 2019
|
Author/s
|
Helen Hall
|
Executive Assistant
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D18/21629
Applicant
Internal
Executive Summary
For Council to accept the proposed dates for the
Agenda Briefing Session and Ordinary Council Meeting for 2019 as
attached.
Recommendation in Brief
That council agrees to the attached schedule of Agenda
Briefing Session and Ordinary Council Meeting dates for 2019.
Officer’s Comment
Each year Council endorses
proposed Agenda Briefing and Ordinary Council Meeting (OCM) dates for the
following year which allows for public advertisement as per section 5.25(1)(g)
of the Local Government Act 1995 and 12(1) of the Local Government
regulations 1996.
Council meet on the third
Tuesday of every month at 1pm for an Agenda Briefing Session and on the fourth
Tuesday at 4pm for the Ordinary Council Meeting. It is recommend that this
practice continues with the exception of December Agenda Briefing and OCM which
fall within the festive season. To accommodate these holidays it is proposed
that the December Agenda briefing and OCM are both held a week earlier.
Statutory Implications
Under Section 5.25(1)(g) of the Local Government Act 1995 and 12(1) of the Local
Government regulations 1996 Council must give public notice of the date and agenda for Council
meetings.
Strategic Implications
Strategic Community Plan 2017 – 2027
Community Leadership
Community confidence and
trust in Council
Provide transparent and
accountable leadership
Attachments
|
a⇩.
|
Agenda
Briefing Sessions & Ordinary Council Meetings Dates January - December
2019
|
|
|
Officer’s Recommendation
That Council
1. Agree to continue holding an
Agenda Briefing at 1pm on the third Tuesday of every month commencing January
2019 with the exception of the December meeting, this date will be bought
forward one week to accommodate the Festive Season (see attached).
2. Agree to the attached schedule
of Ordinary Council Meeting dates from January 2019 until December 2019, and;
3. Request the Chief Executive Officer to undertake all
statutory advertising in this regard.
Voting Requirement Simple Majority
|
Item: 12.4.2
Common
Seal Useage October 2017 to September 2018
|
Author/s
|
Helen Hall
|
Executive Assistant
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D18/22435
Applicant
Executive Services
Location/Address
Windich Street, Esperance.
Executive Summary
For Council to receive the Common Seal Register.
Recommendation in Brief
That Council receive the register containing information
relating to the use of the Shire of Esperance Common Seal.
Background
The Chief Executive Officer and the Shire President are
jointly authorised to affix all seals jointly to documents for dealings
initiated by a Council resolution. In this regard, the Council resolution need
not refer to the sealing action and may only express its wish for certain
action which may, ultimately, require the affixing of the seal to a document to
achieve the Council’s intention.
Exceptions to the above are:
1. Council staff may take
independent action in the use of the seal if, in the opinion of the Shire
President and Chief Executive Officer jointly such action is necessary to
protect Council’s interest; e.g. Lodging of caveats and easements and
being of the opinion that the protection is no longer necessary, the Shire
President and Chief Executive Officer may jointly withdraw the protection.
2. The disposition of
Council property for which a Council resolution is required expressly stating
that the final document be signed and sealed and the transaction finalised.
A detail of all instances where the seal has been affixed is
recorded in both a signed register and an electronic register, which is
available for inspection by Councillors during normal office hours. This
register will be tabled at an Ordinary Council Meeting annually to be received
by Council.
Officer’s Comment
Both the signed register book and the electronic register are
available for inspection by Councillors during normal office hours. A copy of
the electronic register will be tabled at an Ordinary Council Meeting annually
to be received by Council.
Consultation
WALGA
Financial Implications
Nil
Strategic Implications
Nil
Statutory Implications
LGA – 9.49a
Execution of Documents
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Common Seal Register - October 2017
- September 2018
|
|
|
Officer’s Recommendation
That Council receive the report
titled The Shire of Esperance Common Seal Usage for the period October 2017
to September 2018.
Voting Requirement Simple Majority
|
|
October 2017
|
|
6 October 2017
|
Surrender of lease – Robyn & Doc Reynolds – Tanker
Jetty Site 3
|
|
17 October 2017
|
Transfer of land – Lots 50, 52 & 58 on Plan 3117
|
|
24 October 2017
|
Transfer of Land – Purchase of Lot 1 Forrest Street Esperance
|
|
26 October 2017
|
Novation on Deed – Esperance Combined Tyres and Mechanical
|
|
30 October 2017
|
Transfer of Land DA3 Purchase – Russell Standley Pilmer and the
Shire of Esperance
|
|
November 2017
|
|
6 November 2017
|
Transfer of Land DA3 Purchase Russel Stanley Pilmer and Shire of
Esperance
|
|
10 November 2017
|
Reserve Plot 279 Grant of Right of Burial
|
|
14 November 2017
|
Lease – Goldfields Air Services – Two Copies
|
|
22 November 2017
|
Certificate of Residence – Jeanette Rose M Cliff-Enderli
|
|
30 November 2017
|
Reserved plot – Grant of Right Burial – 266 –
Reissued due to incorrect spelling
|
|
December 2017
|
|
8 December 2017
|
Strategic Planning & Land Project Museum Village
|
|
8 December 2017
|
Lease - Esperance Cycling Club Inc.
|
|
8 December 2017
|
Transfer of Land 30 Asken Turn Bandy Creek
|
|
12 December 2017
|
Transfer of Land – Development 3 Area Purchase - Raymond Arthur
Star – Lot 10 on Plan 3117
|
|
January 2018
|
|
8 January 2018
|
Strategic Planning & Land Project Proposed Land Exchange Lots 63
+ 64 on Diagram 5742 for Sate of WA Lots 59 + 60 on Diagram 5742
|
|
15 January 2018
|
FAA - Royalties for Regions - Esperance Indoor Sports Stadium
|
|
15 January 2018
|
570a Notification J+J Paxton Development Application 10.2017.3686.1
Lot 55 on Plan 919
|
|
24 January 2018
|
Notification Under Section 70A - Development Application
10.2017.3686.1 - Lot 55 on Plan 919
|
|
February 2018
|
|
12 February 2018
|
Lease - Esperance Netball Association Inc.
|
|
14 February 2018
|
Transfer of Land Lot 252 on Plan 69443 Volume Folio #2795/538 –
85 Walmsley St, Bandy Creek
|
|
14 February 2018
|
Grant of Right of Burial #2891 #2890 #2889 #2888 #2886 #2885 #2884
#2883 #2880 #2892 #2879 #2878 #2881 #2882 #2887 #2893 #2894 #2898 #2899 #2900
|
|
20 February 2018
|
Air Services Australia -Extension and Variation of Lease
|
|
20 February 2018
|
Grant of Right of Burial;
2901, 2902, 2905, 2906, 2907, 2908, 2909, 2910, Res #92
|
|
March 2018
|
|
21 March 2018
|
Local Planning Scheme No 24 – Amendment No 1
|
|
26 March 2018
|
Transfer of Land – Form T2
|
|
28 March 2018
|
Licensing Agreement – department of Transport and the Shire of
Esperance
|
|
April 2018
|
|
11 April 2018
|
Assignment of Lease – Old Court House – Museum Village
|
|
23 April 2018
|
MOU – Protection of the VC Graves
|
|
30 April 2018
|
Grant of Right of Burials
2911, 2912, 2913, 2914, 2915, 2916, 2917, 2918, 2919, 2920, 2921,
2922
|
|
May 2018
|
|
8 May 2018
|
Notification under Section 70a – Lot 42 & 43 on deposited
Plan 411494 – Mains Water
|
|
8 May 2018
|
Notification under Section 70a – Lot 42 & 43 on deposited
Plan 411494 – Reticulated Sewage
|
|
11 May 2018
|
Grant of Right of Burials; 2925, 2926, 2924, 2927, 2923
|
|
June 2018
|
|
01 June 2018
|
Transfer of Land – Lot 251 on Deposited Plan 69443 – Lot
251 – Walmsley Street, Esperance
|
|
01 June 2018
|
Local Planning Scheme 24 - Amendment No 3
|
|
01 June 2018
|
Lease – Andre Aston – The Shire of Esperance –
Tanker Jetty Site No 3
|
|
05 June 2018
|
Grant of Right of Burials;
2931, 2932, 2930, 2929
|
|
06 June 2018
|
Grant of Right of Burials;
2934, 2935, 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943
|
|
12 June 2018
|
Grant of Right of Burials;
2945, 2944, 2948, 2950, 2951, 2949, 2954, 2904
|
|
13 June 2018
|
Grant of Right of Burial;
2953
|
|
22 June 2018
|
Transfer – Portion of Land begin lot 500 DP 407026 for a
portion of LT558 DP 164679
|
|
22 June 2018
|
Transfer of Land LT 19, 15 Gibson Street: 21 Gibson Street; 27 Gibson
Street
|
|
27 June 2018
|
Authority to publish – Shire of Esperance Fencing Local Law
|
|
July 2018
|
|
13 July 2018
|
Notification – S70A – Location 336 on Deposited Plan
|
|
13 July 2018
|
Appointment of Settlement Agent for Vendor – Transfer Land
– Chartwell Lane
|
|
13 July 2018
|
Signing of Agreement – Goldfields Records Storage Management
|
|
August 2018
|
|
14 July 2018
|
Grant of Right of Burial #2913
|
|
21 August 2018
|
Lease – extension – Air Services Australia
|
|
22 August 2018
|
Local Planning Scheme No 24 Amendment No 3
|
|
September 2018
|
|
6 September 2018
|
Lease – Esperance Senior Citizens Centre Inc
|
|
7 September 2018
|
Loan Agreement – NCFC & The Shire of Esperance
|
|
13 September 2018
|
Agreement of Lease – Old Doctors Surgery – Brodeine
Bratten
|
Item: 12.4.3
Information
Bulletin - September 2018
|
Author/s
|
Alli McArthur
|
Administration Officer - Executive Services
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D18/23407
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 - September
2018
|
|
|
b⇨.
|
Corporate Performance Report -
Quarterly - July - September 2018 - Under Separate Cover
|
|
|
c⇩.
|
Register - Delegations Discharge -
Corporate Resources
|
|
|
d⇩.
|
Outstanding Council Resolutions -
Quarterly Report - October 2018
|
|
|
e⇩.
|
Comparison on Collection of Rates
for 2018/19
|
|
|
f⇨.
|
Annual Road Program - Monthly
Report - September 2018 - Under Separate Cover
|
|
|
Officer’s Recommendation
That Council accepts the
Information Bulletin for September 2018 and;
1. Corporate
Performance Report - Quarterly - July - September 2018
2. Register -
Delegations Discharge - Corporate Resources
3. Outstanding
Council Resolutions - Quarterly Report - October 2018
4. Comparison
on Collection of Rates for 2018/19
5. Annual Road
Program - Monthly Report - September 2018
Voting Requirement Simple Majority
|
13. Reports Of Committees
Item: 13.1
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: D18/22405
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:
Senior
Fire Control Officer – East Coast Zone Simon
Fowler
Deputy
Senior Fire Control Officer – West Zone Tom
Carmody
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, the positions of Senior Bush Fire Control Officer
– East Coast Zone and Deputy Bush Fire Control Officer – West Zone
received no nominations and were left vacant following the meeting. At the
September Bush Fire Advisory Committee meeting nominations were held for these
vacant positions.
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.
Where no one is appointed to a position the
recommendation is blank. This was the case for the Senior Fire Control Officer
– East Coast Zone and Deputy Senior Fire Control Officer – West
Zone at the June meeting. Elections for these two positions were re-held at the
September Bush Fire Advisory Committee Meeting. Mr Fowler’s nomination
was pending verbal acceptance which was received by the Chief Bush Fire Control
Officer on the 08/10/2018.
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
|
Committee 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:
Senior
Fire Control Officer – East Coast Zone Simon
Fowler
Deputy
Senior Fire Control Officer – West Zone Tom
Carmody
Voting Requirement Simple
Majority
|
Item: 13.2
Minutes
of Committees
|
Author/s
|
Alli McArthur
|
Administration Officer - Executive Services
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D18/23370
Attachments
|
a⇩.
|
Bush Fire Advisory Committee - 11
September 2018
|
|
|
b⇩.
|
Esperance Visitor Centre Management
Committee - 17 September 2018
|
|
|
Officer’s Recommendation
That Council receive the following
unconfirmed committee minutes:
1. Bush Fire
Advisory Committee - 11 September 2018
2. Esperance
Visitor Centre Management Committee - 17 September 2018
Voting
Requirement Simple Majority
|
14. Motions of which Notice has been Given
Cr Payne
That
Council:
1.
Acknowledge Country as
the first item of business at all formal Council meetings.
2.
Raise the Aboriginal
Flag as a permanent flag alongside the Australian Flag at the Council building.
3.
Have a culturally
appropriate Welcome to Country ceremony to install the Aboriginal Flag by a
Nyungar Elder.
4.
Develop a
Reconciliation Action Plan.
Voting Requirement Simply
Majority
Cr
Payne’s Reason: I note
Kalgoorlie has had their acknowledgement at formal council meetings for some
time now. They also erected a new flag pole earlier this year to permanently
fly the Aboriginal Flag as part of their 125th celebrations. And they have just
completed their Reconciliation Action Plan which is said to be one of the best
in WA.
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
Proposed Purchase of
On-Site Accommodation at Esperance 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)).
Item: 17.2
0145-18
Supply, Delivery and Licensing of One New 2018/2019 Telehandler
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
