Agenda of Ordinary Council

Ordinary Council: Agenda

26 October 2021 Page 6

Disclosure of Interests

Notes for Your Guidance

Impact of a Financial Interest (s. 5.65. & s. 67. Local Government Act 1995)

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 Officer 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:

a. Preside at the part of the Meeting relating to the matter or;

b. Participate in, or be present during, any discussion or decision making procedure relative to the matter, unless and 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.

Interests Affecting Financial Interest

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, pursuant to s. 5.60A or 5.61 of the Local Government Act 1995, 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 etc, 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 needs to be considered.

4. If in doubt declare.

5. As stated 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. Under s. 5.65 of the Local Government Act 1995 failure to notify carries a penalty of $10 000 or imprisonment for 2 years.

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 1995; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act 1955, with or without conditions.

Interests Affecting Proximity (s. 5.60b Local Government Act 1995)

1. For the purposes of this subdivision, a person has a proximity interest, pursuant to s.5.60B of the Local Government Act 1995, in a matter if the matter concerns;

a proposed change to a planning scheme affecting land that adjoins the person’s land; or
a proposed change to the zoning or use of land that adjoins the person’s land; or
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;

The proposal land, not being a thoroughfare, has a common boundary with the person’s land; or
The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or
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, pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, 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 disClosure

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 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.

Ordinary Council: Agenda

26 October 2021 Page 18

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 26 October 2021

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire of Esperance acknowledges the Nyungar and Ngadju people who are the Traditional Custodians of this land and their continuing connection to land, waters and community. We pay our respects to Elders past, present and emerging and we extend that respect to other aboriginal Australians today.

2. ATTENDANCE

Members

Cr I Mickel, AM JP Rural Ward

Cr J O’Donnell Town Ward

Cr J Obourne Town Ward

Cr R Chambers Town Ward

Cr W Graham Rural Ward

Vacant Town Ward

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mrs H Phillips Director External Services

Mrs F Baxter Director Corporate & Community Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss E Hegney Executive Assistant

Miss S Hawke Trainee Administration Assistant – 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

Shire President will be presenting Paige Fillmore with a gift in recognition of her artwork which won ‘Overall and Secondary Winner’ for the Shire of Esperance and Esperance Senior High School at the #shoWcAse in Pixels Art Competition. The #shoWcAse in Pixels competition is run by the WA Local Government Association as part of its annual Local Government Convention, held at in Perth earlier this year.

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

1. Dr K Nieukerke - Questions Taken On Notice – September Ordinary Council Meeting

The following questions were provided in advance to the meeting and a written response has been given to Dr Nieukerke. The questions were answered by the Chief Executive Officer.

Attachments

A Letter dated 04 September 2021

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 28 September 2021, and the Special Council Meeting of the 18 October 2021 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Local Planning Policy - Blue Haven and Second Beach Development

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/25576

Applicant

Internal

Location/Address

Blue Haven and Second Beach Areas also shown as SCA7 in Local Planning Scheme No. 24.

Executive Summary

For Council to consider proceeding with a Local Planning Policy namely the Local Planning Policy – Blue Haven and Second Development (Attachment A)

Recommendation in Brief

That Council in accordance with Clause 4(3) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) proceed with the ‘Local Planning Policy – Blue Haven and Second Development’ without modification as per Attachment A.

Background

Council at its June 2021 Ordinary Meeting of Council resolved (O0621-138):

That Council in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) prepare Local Planning Policy – Blue Haven and Second Development as contained in Attachment A.

The draft policy was advertised and was brought back to Council to proceed without any modification at the August 2021 Ordinary Meeting of Council where it resolved (O0821-131):

That Council lay this matter on the table until the October Ordinary Council Meeting to enable additional consultation in the form of letters to all landowners with(in) the Policy Area advising of the Local Planning Policy and providing an opportunity to comment.

The draft Local Planning Policy was advertised to all lot owners within the policy area by a direct mail out with comments due by 27 September 2021.

Officer’s Comment

The objective of the proposed Local Planning Policy – Blue Haven and Second Development is:

· To provide development control within the area known as the Blue Haven Second Beach Development Area.

The Blue Haven and Second Beach area is located within a Special Control Area (SCA 7) which provides a range of development requirements. This Local Planning Policy provides a consistent approach in how the Scheme provisions are interpreted within the area known as the Blue Haven Second Beach Development Area.

Consultation

A briefing session with Council was held on the 25 May 2021 where the draft Local Planning Policy was discussed.

The Policy was advertised in accordance with Clauses 4.(1) and (2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 in the Esperance Weekender between the 9 July 2021 and the 30 July 2021 being 21 days. A notice was also published on the Shire of Esperance website.

One submission (Attachment B) was received after the closure of the advertising period.

Subsequent to Council’s Resolution (O0821-131) at it August Ordinary Meeting of Council the Policy was sent to all landowners within the policy area with comments due on the 27^th September 2021.

Approximately 20 calls and counter enquires were received in response to the letter that was sent and all were satisfied with an explanation of the policy provisions. One submission (Attachment C) was received after the closure of the advertising period.

The submissions received through both advertising periods did not result in any recommended changes to the Policy and as such no amendment to the advertised Local Planning Policy are proposed.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Clauses 3(5), (4) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2

Planning and Development Act 2005

Policy Implications

This item relates to policy development.

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have regard to a Local Planning Policy as required under Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Corporate Business Plan 2020/21 – 2024/25

Built Environment

B3.3 Update and Implement Local Planning Scheme and Policies

Environmental Considerations

Nil

Attachments

a ⇩.	Local Planning Policy - Blue Haven Second Beach Development
b ⇩.	Submission
c ⇩.	Submission - 2nd round of advertising
d ⇩.	Schedule of Submissions

Officer’s Recommendation

That Council in accordance with Clause 4(3) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) proceed with the ‘Local Planning Policy – Blue Haven and Second Development’ without modification as per Attachment A.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 34

Item: 12.1.2

Regional Joint Development Assessment Panel: Nomination of Members

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/30178

Applicant

Department of Planning, Lands and Heritage – DAP Secretariat

Location/Address

Shire of Esperance

Executive Summary

For Council to nominate four (4) Councillors to be the Shire of Esperance representatives on the Regional Joint Development Assessment Panel (two (2) as members and two (2) as alternative members).

Recommendation in Brief

That Council nominates Councillors __________________ and __________________ as the Shire of Esperance representatives on the Regional Joint Development Assessment Panel, and Councillors __________________ and __________________ as alternate members and advises the DAP secretariat of such appointments.

Background

Development Assessment Panels (DAPs) came into operation on 1 July 2011. The Shire of Esperance is located in the Regional Joint Development Assessment area (Attachment A).

There are two types of applications that can be referred to a DAP based on development value:

Type	Threshold
Mandatory DAP Applications	$10 million
Optional DAP Applications	Between $2 and $10 million

Since the inception of the DAPs there have been two Mandatory DAP Applications from the Shire of Esperance and all Optional DAP Applications have been considered by the Shire.

Councillors were last appointed in October 2019 where it was resolved (O1019-218):

That Council nominates Councillors McMullen and Payne as the Shire of Esperance representatives on the Mid-West/Wheatbelt (Central) Joint Development Assessment Panel, and Councillors Parker and Chambers as alternate members and advises the DAP secretariat of such appointments.

As the previous nomination of Local Government Representatives to the Development Assessment Panels has lapsed, new nominations are now sought.

Officer’s Comment

DAPs consist of five (5) members with one (1) presiding member, two (2) specialist members and two (2) local government members. The local government’s membership depends on the location of the development applications being determined at the time.

Local government members will be rotated on and off the panel to ensure that local knowledge relevant to the application is on each panel. Only two (2) representatives from Council can be on the panel.

The frequency of meetings is determined by the number of applications being referred. Local government representatives only need to attend meetings when an application is being considered from the Shire of Esperance.

The agenda for a DAP meeting is made public at least five (5) days prior to the meeting however travel at short notice may be required in some instances. Further, the presiding member can consent to the meeting being attended by remote communication.

DAP members are appointed for up to three (3) years. At the expiration of that term the Shire will be required to re-nominate two (2) local government members as well as two (2) alternate members. The same individuals may be renominated for the position but the regulations require this to be undertaken every two (2) years.

The Minister for Planning will consider and appoint local government nominees. Appointed members will be placed on the local government member register and advised of DAP training dates and times. Training is mandatory prior to an appointed member sitting on a DAP and determining applications. Refresher training is encouraged for past members.

DAP members will receive sitting fees as outlined in Schedule 2 of the Regulations (Attachment C). Fees have been determined to reflect the cost of providing the service. In addition, the local government may invoice the Secretariat for costs incurred in hosting a DAP meeting e.g. minute taker, refreshments and security (where necessary).

Consultation

N/A

Financial Implications

The fees required to be charged for the DAPs process are in addition to the fees levied by Council for the consideration of a Development Application.

Costs incurred in hosting a DAP meeting may be claimed back by invoicing the Secretariat which will minimise the procedural cost of the process.

Asset Management Implications

N/A

Statutory Implications

The statutory implications associated with this item are:

§ Planning and Development Act 2005

§ Planning and Development Regulations 2009

§ Planning and Development (Development Assessment Panels) Regulations 2011

§ Planning and Development (Local Planning Schemes) Regulations 2015

§ Local Planning Scheme No. 24

If the local government fails to nominate two elected representatives the Minister will have the power to appoint two members to the subject DAP to represent the interests of the local community. These alternative representatives must be eligible to vote in elections for that local area and have relevant knowledge or experience that, in the opinion of the Minister, will enable them to represent the interests of their local community.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017-2027

Built Environment

New developments that enhance the existing built environment Encourage innovation and support new development

Environmental Considerations

N/A

Attachments

a ⇩.	Regional Joint Development Assessment Panel Map
b ⇩.	DAP Nomination Form
c ⇩.	Schedule 2 - Planning and Development (Development Assessment Panels) Regulations 2011

Officer’s Recommendation

Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 40

Item: 12.1.3

Endorsement of Bush Fire Risk Management Plan

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/32567

Applicant

Internal

Location/Address

Internal

Executive Summary

To achieve endorsement from Council for the Shire’s Bush Fire Risk Management Plan

Recommendation in Brief

That Council endorse the Shire of Esperance Bushfire Risk Management Plan 2021 - 2026

Background

The Bushfire Risk Management Planning Program (BRMP Program) was initiated in 2013 to address recommendations made by A Shared Responsibility; the Report of the Perth Hills Bushfire, February 2011 Review (The Keelty Report).

The BRMP Program is now a statewide program, led by the Department of Fire and Emergency Services (DFES), to support local governments to develop and implement an integrated bush fire risk planning framework for their local area.

The BRMP Program involved a phased roll out across the State, with Esperance identified in the third of five phases.

During late 2018, in the lead up to the Coronial Inquest for the 2015 Esperance Bushfires, and on the back of a number of large scale incidents, the Shire requested DFES fast track the BRMP Program for Esperance. This was undertaken with a view to including lessons learned from the previous seasons and to adopt a whole of Shire fire mitigation plan.

At the time, DFES staffing to undertake a planning process for Esperance was unavailable. However, DFES confirmed if the Shire could provide an officer to undertake the work, they would provide funding to support the process. As such, Melissa Ammon was allocated the role of completing the Bush Fire Risk Management Plan for the Shire.

The Shire of Esperance Bushfire Risk Management Plan 2021 – 2026 was completed in August 2021, and submitted to the Office of Bush Fire Risk Management (OBRM) on 2 September 2021 for approval. OBRM endorsement was received on 20 September 2021.

Officer’s Comment

An endorsed Bushfire Risk Management Plan, enables eligibility for Western Australia’s Mitigation Activity Fund Grants Program (MAF), which assists local governments to implement treatment strategies identified within the Bushfire Risk Management Plan.

The latest MAF Program round closed on 22 September 2021. As the Shire’s plan had been endorsed by OBRM prior to that date, the Shire was eligible to apply for funding in that round.

As such, an application was made for $45,000 to undertake a number of small burns on Shire reserves around town sites. This funding will assist with machinery costs and brigade support. The BRMP will need to be endorsed by Council prior to accessing the funds.

The next MAF Program round will open in April 2022, and the application from the Shire will include a number of bigger projects (yet to be determined).

In order to finalise the BRMP Program process, Council is required to endorse the Shire of Esperance Bushfire Risk Management Plan 2021 – 2026. It is a condition of the OBRM approval, and MAF eligibility, that Council endorse the Plan as soon as possible.

Consultation

For endorsement of the BRMP;

DFES – Bushfire Risk Management Branch

Office of Bushfire Risk Management (OBRM)

For completion of the BRMP;

As outlined in the Communications Strategy (Appendix 1 of the Shire of Esperance Bushfire Risk Management Plan 2021 – 2026)

Financial Implications

The financial implications arising from this report are

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are;

State Hazard Plan for Fire and State Emergency Management Policy 2.9 Management of Emergency Risks

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Corporate Business Plan 2020/21 – 2024/25

Environmental Considerations

Nil

Attachments

a ⇨.	Shire of Esperance Bushfire Risk Management Plan 2021 - 2026 - Under Separate Cover
b ⇨.	BRMP - Communications Strategy - Under Separate Cover
c ⇨.	BRMP - Shire Wide Controls - Under Separate Cover
d ⇨.	BRMP Endorsement Letter - OBRM - Under Separate Cover

Officer’s Recommendation

That Council endorse the Shire of Esperance Bushfire Risk Management Plan 2021 – 2026.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 43

Item: 12.1.4

Development Application - Oversized Outbuilding (Shed) - Lot 9 (10) Common Road, Pink Lake

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/33263

Applicant

R J Donaldson on behalf of T L Hawkins

Location/Address

Lot 9 (10) Common Road, Pink Lake

Executive Summary

For Council to consider Development Application 10.2021.4786.1 for an Oversized Outbuilding (Shed) at Lot 9 (10) Common Road, Pink Lake.

Recommendation in Brief

That Council approve Development Application 10.2021.4786.1 for an Oversized Outbuilding (Shed) at Lot 9 (10) Common Road, Pink Lake subject to conditions.

Background

An application for development approval for an Oversized Outbuilding (Shed) at Lot 9 (10) Common Road, Pink Lake was received by Planning Services on 25 August 2021.

The application was subsequently advertised to adjoining landowners between 27 August 2021 and 17 September 2021, with two letters received stating no objection to the proposal.

Lot 9 (10) Common Road is zoned ‘Residential’ R2 and has an area of 5060m².

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

Outbuildings in Residential and Future Residential Zones

*Objective*	The objective of these development requirements is to achieve a balance between: • Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and • Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.
*Permitted Uses of Outbuildings*	• Must be for legitimate residential purposes. • Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business. • Use of outbuildings for human habitation is not permitted. • An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.
*Setbacks*	As per provisions of Local Planning Scheme No. 24 and the Residential Design Codes;
*Size*	• Maximum area of outbuilding(s) per lot: o 10% of site area where lot 1000m² or less; o 100m² where lot is greater than 1000m². • Maximum wall height – 3.6 metres • Maximum ridge height – 4.2 metres
*Maximum Variation*	• 25% for Site Area • 10% for Wall or Ridge Height
*Consultation*	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

Shire staff are only authorised to approve applications that meet the requirements of legislation and Local Planning Policy. Applications for outbuildings that do not comply with the above development requirements will be assessed on a case by case basis and may be permitted subject to the following matters being taken into account in the assessment process:

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

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

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

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

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council.

This proposal calls for 96 square metres of new Outbuilding to be constructed on the property in addition to an existing Outbuilding of approximately 128 square metres, for a total of 224 square metres of Outbuildings where Council has permitted a maximum of 125 square metres (100 square metres plus a 25% site area variation) under its Local Planning Policy: Outbuildings.

As the proposal exceeds maximum site area criteria the application requires the consent of Council.

Thus the matter is referred to Council for determination.

Officer’s Comment

The proposal calls for construction of a new Outbuilding of 96m² on the property.

It is noted that the Outbuilding(s) do not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings. The Outbuilding proposed exceeds the 100 square metres and 25% maximum variation with neighbour referral permitted in the Residential Zone. That is, under the Local Planning Policy – Outbuildings, within the Residential Zone, up to 125 square metres of Outbuildings is permitted on the property subject to neighbour referral. Combined there will be 224m² of Outbuildings on the property.

The officer’s recommendation is for approval of the proposed Outbuilding (Shed) as the location of the proposed outbuilding will minimize impact on the locality and adjoining landowners in addition to the property being a very low density residential zoning (Residential R2 equates to 1 lot or dwelling per 5000m²). Combined this results in the Outbuilding having minimal impact on adjoining landowners. In addition the larger lot sizes in the area do lend themselves to larger than normal Outbuildings, as well as increased demand for housing tools and machinery required to upkeep the properties. The Outbuilding is proposed for storage of a caravan, boat and domestic materials which is an acceptable justification.

Consultation

Advertising to adjoining landowners was undertaken between 27 August 2021 and 17 September 2021, with two letters indicating no objection to the proposal being received.

Financial Implications

Application fees totalling $147.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have regard to a Local Planning Policy as required under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.

Plans

Officer’s Recommendation

That Council approve Development Application 10.2021.4786.1 for an Oversized Outbuilding (Shed) at Lot 9 (10) Common Road, Pink Lake, subject to the following conditions:

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

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

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

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

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

6. The emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, chemicals and/or any other type if emission that may potentially impact on environmental and/or public health are to be mitigated within the boundaries of the premise and must not impact on public health and/or cause nuisance to users or occupants of adjoining premises.

7. All fencing shall be in accordance with the Shire of Esperance Fencing Local Law

8. The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented.

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

AND the following advice notes:

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

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

3. It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

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

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 50

Item: 12.1.5

Development Aplication - Oversized Outbuilding (Shed) - Lot 32 (12) Hamersley Street, Esperance

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/33270

Applicant

J A & J E Bonnitcha

Location/Address

Lot 32 (12) Hamersley Street, Esperance

Executive Summary

For Council to consider Development Application 10.2021.4821.1 for an Oversized Outbuilding (Shed) at Lot 32 (12) Hamersley Street, Esperance.

Recommendation in Brief

That Council approve Development Application 10.2021.4821.1 for an Oversized Outbuilding (Shed) at Lot 32 (12) Hamersley Street, Esperance subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed) at Lot 32 (12) Hamersley Street, Esperance was received by Planning Services on 6 July 2021.

Non-objections from all adjoining landowners were provided by the applicant with the application.

Lot 32 (12) Hamersley Street, Esperance is zoned ‘Residential’ R30 and has an area of 1012m².

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

Outbuildings in Residential and Future Residential Zones

*Objective*	The objective of these development requirements is to achieve a balance between: • Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and • Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.
*Permitted Uses of Outbuildings*	• Must be for legitimate residential purposes. • Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business. • Use of outbuildings for human habitation is not permitted. • An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.
*Setbacks*	As per provisions of Local Planning Scheme No. 24 and the Residential Design Codes;
*Size*	• Maximum area of outbuilding(s) per lot: o 10% of site area where lot 1000m² or less; o 100m² where lot is greater than 1000m². • Maximum wall height – 3.6 metres • Maximum ridge height – 4.2 metres
*Maximum Variation*	• 25% for Site Area • 10% for Wall or Ridge Height
*Consultation*	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

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

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

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

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

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council.

This proposal calls for 140 square metres of new Outbuilding to be constructed on the property, where Council has permitted a maximum of 125 square metres (100 square metres plus a 25% site area variation) under its Local Planning Policy: Outbuildings. Both existing Outbuildings are to be removed as a consequence of the proposed new Outbuilding.

The proposal further exceeds the maximum ridge height. In the Residential zone a maximum ridge height of 4.2 metres applies, a 10% variation is also available subject to advertising. In this instance the applicant proposes a ridge height of 4.475 metres.

As the proposal exceeds maximum site area and ridge height the application requires the consent of Council.

Thus the matter is referred to Council for determination.

Officer’s Comment

The proposal calls for construction of a new Outbuilding of 140 square metres on a property.

The proposed Outbuilding exceeds the maximum ridge height of 4.2 metres. Outbuilding ridge heights in the Residential zone including the 10% variation criteria allows for a ridge height of 4.62 metres. The proposed outbuilding has a ridge height of 4.475 metres which could be determined under delegated authority were in not part of the same application as a variation to the maximum site area.

The officer’s recommendation is for approval of the proposed Outbuilding (Shed) as the location and orientation of the proposed outbuilding will minimise impact on the locality and adjoining landowners. This is primarily due to the proposed Outbuilding being located at the rear of the property behind the dwelling on the property which will help conceal the Outbuilding from view. The applicant’s justification that the proposed Outbuilding is for a combination of domestic storage as well as storage of vehicles and boats is considered acceptable.

Consultation

Non-objections from all adjoining landowners were provided by the applicant with the application.

Financial Implications

Application fees totalling $147.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have regard to a Local Planning Policy as required under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.

Plans

Officer’s Recommendation

That Council approve Development Application 10.2021.4821.1 for an Oversized Outbuilding (Shed) at Lot 32 (12) Hamersley Street, Esperance, subject to the following conditions:

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

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

7. All fencing shall be in accordance with the Shire of Esperance Fencing Local Law

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

AND the following advice notes:

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

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

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 57

Item: 12.1.6

Development Application - Change of Use - Dwelling to Holiday House - S/L 1 (14B) Walker Street, West Beach

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/33298

Applicant

Thorp Realty on behalf of T D Norwood

Location/Address

S/L 1 (14B) Walker Street, West Beach

Executive Summary

That Council consider Development Application 10.2021.4783.1 for a Change of Use for the existing Dwelling to a Holiday House at S/L 1 (14B) Walker Street, West Beach

Recommendation in Brief

That Council approve Development Application 10.2021.4783.1 for a Change of Use for the existing Dwelling to a Holiday House at S/L 1 (14B) Walker Street, West Beach, subject to conditions.

Background

A development application for a Change of Use of the existing Dwelling to a Holiday House at S/L 1 (14B) Walker Street, West Beach was received by Planning Services on 25 August 2021.

Holiday House is an ‘A’ use in the Scheme, and has a mandatory advertising requirement to landowners that may be affected by the proposal. In this instance it was determined that all adjoining landowners and the other strata owner at S/L 2 (14A) Walker Street would be impacted by the proposal and should be notified. A review of the application determined that three (3) out of five (5) non-objections had been obtained by the applicant.

Advertising was undertaken between 25 August 2021 and 15 September 2021 with two (2) objections being received. It is noted that one (1) of the two objections was received from an adjoining landowner who had previously provided a non-objection.

Officer’s Comment

S/L 1 (14B) Walker Street, West Beach is zoned Residential R12.5 and is not affected by any special control areas.

Holiday House means a Single Dwelling on one lot used to provide short term accommodation but does not include a bed and breakfast. Short term accommodation means temporary accommodation provided either continuously or from time to time with no guest accommodated for periods tolling more than three (3) months in any twelve (12) month period.

The relevant objective of the Residential zone in this instance is to provide for a range of non-residential uses, which are compatible with and complementary to residential development.

It is the position of Planning Services that the proposed Holiday House is compatible with the surrounding residential development so long as it is adequately managed and any conditions applied as part of an approval are adhered to.

Planning Services is recommending that the proposal be approved with both the Holiday House and Single Dwelling land uses applying to the property to allow for some flexibility in the use of the building. This is due to previous changes by the Department of Planning, Lands and Heritage requiring the issuance of a separate Development Approval to change a Holiday House back to a Single Dwelling. Issuing an approval with both land uses listed allows for the landowner to switch between using the property as a Single Dwelling and Holiday House as required.

Objections were received to the application on the following grounds:

Objection:	Planning Comment:
Safety and Security	Noted. It is acknowledged that operators of holiday houses have little control over who stays in a holiday house, and should any tenants cause concerns based on privacy, safety and/or security, it is the job of the WA Police to respond to such concerns.
Impact on Privacy	Noted. Planning Officers acknowledge the potential impact on privacy from raised decks and balconies. A condition is proposed to apply screening on the balcony that overlooks the adjoining back yard.
Noise Impact	Noted. It is acknowledged that noise impact from holiday houses can be an issue. Noise was one of the primary reasons why the Shire of Esperance adopted Local Planning Policy: Holiday Homes to ensure that a local caretaker was provided for Holiday House applications where the landowner themselves may not be able to respond to any issue or complaint arising from the activity including excessive noise.
Concerns regarding management of the property	Noted. Thorp Realty has confirmed with Planning Services that they will be dealing with any complaints or concerns regarding the operation of the holiday house.
Generation of waste at the property	Noted. It is the responsibility of the property manager to ensure that the property is maintained in a clean and tidy manner and that any garbage and/or waste is disposed of appropriately.
References to S/L 1 (14B) being used previously as a holiday house, or being located at the end of a narrow battle-axe driveway.	Noted. A previous approval was issued on the lot which lapsed due to the ownership of the lot changing. Noise issues are controlled by requiring the development to comply with the Environmental Protection (Noise) Regulations 1997 and that should nuisance issues with noise occur, it is the responsibility of the property manager to get any tenants to reduce noise levels to acceptable levels.

For reference, S/L 1 (14B) Walker Street (the subject of this application) is the westernmost house on the property and was approved for use as a holiday house in 2018 and prior to that was approved for use as a dwelling. S/L 2 (14A) is the easternmost house on the property and is approved for use as a dwelling.

The objections received make a number of references to S/L 1 (14B) being used previously as a holiday house, or being located at the end of a narrow battleaxe driveway. It should be noted that the development will be required to comply with the Environmental Protection (Noise) Regulations 1997 and that should nuisance issues with noise occur, it is the responsibility of the property manager to get any tenants to reduce noise levels to acceptable levels

The major concern with the property is that S/L 1 (14B) and S/L 2 (14A) are connected to the same, undersized effluent disposal system which is only appropriate to a single two (2) bedroom house (four (4) adult residents). Due to the size of the system, Health Officers are requiring that the system be pumped out prior to commencement of use as a Holiday House with proof provided to the Shire.

The applicant has also provided a letter in response to the objections (attached). This response along with the officer’s assessment above results in the application being able to be considered. All required information has been provided by the applicant in relation to this application.

Provided requirements are met and the property manager fulfils their responsibilities, Planning Officers recommend the application is supported as the use of the property as a Holiday House is an appropriate land use in the residential zone.

Consultation

Advertising was undertaken between 25 August 2021 and 15 September 2021 with two objections being received. It is noted that one of the two (2) objections was received from an adjoining landowner who had previously provided a non-objection. The remaining adjoining landowners did not provide comment during the referral period.

As per standard process, the text of the objections with redacted identities, was provided to the applicant who has provided a letter responding to the matters raised.

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 24

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

In this instance it is considered that the Scheme has been enforced effectively.

Policy Implications

Local Planning Policy: Holiday Homes

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.	Property Management Plan
b ⇩.	Objection 1
c ⇩.	Objection 2
d ⇩.	Applicants Response to Objections

Officer’s Recommendation

That Council approve Development Application 10.2021.4783.1 for a Change of Use for the existing Dwelling to a Holiday House at S/L 1 (14B) Walker Street, West Beach subject to the following conditions:

1. The land and buildings the subject of this approval shall be used for the purposes of Dwelling and Holiday House only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definitions as extracted from Schedule 1 – Definitions of LPS 24 and Appendix 1 of the Residential Design Codes).

· Dwelling means a building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

· Holiday House means a single dwelling on one lot used to provide short-term accommodation but does not include a bed and breakfast;

2. Prior to commencement of use the existing effluent disposal system is to be pumped out and a receipt for the pump-out is to be provided to the Shire of Esperance.

3. The Balcony is to have permanent screening installed to restrict views within the cone of vision. Screening devices such as obscured glazing, timber screens, external blinds and shutters are to be at least 1.6m in height, at least 75 percent obscure, permanently fixed, made of durable material and restrict view in the direction of overlooking into any adjoining property.

4. The approved Holiday House must not display a sign exceeding 0.2 square metres in area.

5. Lighting to assist evacuation and smoke alarms must be hard wired to mains power and be installed in the rooms and associated areas in accordance with Part 3.7 of the Building Code of Australia.

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

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

8. The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

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

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

11. In the event that the Manager is unavailable or unable to respond to complaints and issues in a timely manner, an alternate manager is to be nominated to handle any complaints or concerns relating to the property.

12. A copy of the Holiday Home Management Plan is to be provided to the adjoining landowners.

AND the following advice notes:

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

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

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

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

5. The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

6. Due to issues surrounding control of animals in unfamiliar environments, use of the property as a ‘petsit’ or animal inclusive holiday house is not recommended.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 74

Item: 12.1.7

Development Application - Oversized Outbuilding (Shed) - Lot 241 (24) Asken Turn, Bandy Creek

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/33432

Applicant

Drake-Brockman Building and Construction on behalf of L Tyrrell

Location/Address

Lot 241 (24) Asken Turn, Bandy Creek

Executive Summary

For Council to consider Development Application 10.2021.4814.1 for an Oversized Outbuilding (Shed) at Lot 241 (24) Asken Turn, Bandy Creek.

Recommendation in Brief

That Council approve Development Application 10.2021.4814.1 for an Oversized Outbuilding (Shed) at Lot 241 (24) Asken Turn, Bandy Creek subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed) at Lot 241 (24) Asken Turn, Bandy Creek was received by Planning Services on 20 July 2021.

Lot 241 (24) Asken Turn, Bandy Creek is zoned ‘Residential’ R15 and has an area of 836m².

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

Outbuildings in Residential and Future Residential Zones

*Objective*	The objective of these development requirements is to achieve a balance between: • Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and • Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.
*Permitted Uses of Outbuildings*	• Must be for legitimate residential purposes. • Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business. • Use of outbuildings for human habitation is not permitted. • An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.
*Setbacks*	As per provisions of Local Planning Scheme No. 24 and the Residential Design Codes;
*Size*	• Maximum area of outbuilding(s) per lot: o 10% of site area where lot 1000m² or less; o 100m² where lot is greater than 1000m². • Maximum wall height – 3.6 metres • Maximum ridge height – 4.2 metres
*Maximum Variation*	• 25% for Site Area • 10% for Wall or Ridge Height
*Consultation*	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

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

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

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

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

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council.

This proposal calls for a new Outbuilding to be constructed on the property, with a wall height of 4.2 metres and ridge height of 4.793 metres proposed. In the residential zone a maximum wall height of 3.6 metres and a maximum ridge height of 4.2 metres applies, each with a maximum variation of 10% subject to advertising. In this instance the applicant proposes variations greater than 10%, which requires the consent of Council.

Furthermore the applicant proposes a side and rear setback variation with a 1.1 metre side and rear setback required for a wall of 9 metres in length and less than 4.5 metres in height. The applicant in this instance proposes a setback of 0.15 metres (150mm).

The application was referred to the adjoining non-shire landowner for comment between 20 September and 11 October 2021 with a single non-objection being received. The Shire CEO was also approached, as the Shire is the landowner for properties to the east and south. The Shire CEO indicated no objection to the proposal.

Thus the matter is referred to Council for determination.

Officer’s Comment

The proposed Outbuilding exceeds the maximum wall height of 3.6 metres and the maximum ridge height of 4.2 metres. Outbuilding ridge heights in the Residential zone including the 10% variation criteria allows for a wall height of 3.96 metres and a ridge height of 4.62 metres subject to advertising. The proposed outbuilding has a wall height of 4.2 metres and a ridge height of 4.793 metres which exceed the maximum variation criteria and require the consent of Council.

In regards to the side and rear setback variation, taken separately from the proposed height variation this could have been determined under delegated authority, however when included with an application with building heights exceeding the maximum variations the consent of Council is still required. It should be noted however that a 0.15 metre (150mm) side and/or rear setback is very standard for Outbuildings as it allows for maximum useable space on a property.

The officer’s recommendation is for approval of the proposed Outbuilding (Shed) as the location and orientation of the proposed outbuilding will minimize impact on the locality and adjoining landowners. This is primarily due to the proposed Outbuilding being located at the rear of the property behind the dwelling on the property which will help conceal the Outbuilding from view. The applicant’s justification that the proposed Outbuilding is for storage of a caravan is considered acceptable.

Consultation

The application was referred to the adjoining non-shire landowner for comment between 20 September and 11 October 2021 with a single non-objection being received.

Financial Implications

Application fees totalling $147.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have regard to a Local Planning Policy as required under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.	Floor Plan and Elevations
b ⇩.	Site Plan

Officer’s Recommendation

That Council approve Development Application 10.2021.4814.1 for an Oversized Outbuilding (Shed) at Lot 241 (24) Asken Turn, Bandy Creek, subject to the following conditions:

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

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

7. All fencing shall be in accordance with the Shire of Esperance Fencing Local Law

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

AND the following advice notes:

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

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

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 81

Item: 12.1.8

New Fee - Advertising within the Airport Terminal

Author/s	Scott McKenzie	Manager Council Enterprises
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/33779

Applicant

Internal

Location/Address

Airport Terminal Building, Lot 15 Coolgardie-Esperance Highway Gibson.

Executive Summary

For Council to consider the introduction of a new fee for advertising signage within the Airport Terminal Building, and to progressively improve the airport environment in alignment with the Esperance Tourism Strategy.

Recommendation in Brief

For Council to consider the introduction of a new fee for advertising signage within the Airport Terminal Building to facilitate an advertising request from a local tourism provider. The introduction of the new fee will have a marginal impact on miscellaneous airport revenue and will require public notice. The report also recommends the investigation of digital advertising opportunities to support future advertising in the terminal.

Background

The Shire has received proposals in the past for advertising within the Airport Terminal. Some years ago, a Licence was issued to WA Billboards to manage the advertising within the airport terminal, this licence lapsed as WA Billboards did not wish to continue the practice.

Recently, Kimberley Experiences Group has requested consideration for advertising signage to be displayed at the Esperance Airport for their HeliSpirit service which operates in Esperance over the summer months. Officers have no concerns with the advertising proposed.

Their proposal is to place two (2) x approximately 2m² advertising signs above the baggage collection carousel within the Terminal. Kimberley Experiences Group will be responsible for attaching their signage to the wall and repairing any damage that may occur upon its removal.

It is recommended the Shire utilises the value from the 2015 valuation to calculate an annual fee for advertising. As the proposed advertising area is 3.82m², the fee per annum (assuming $250 per m² is adopted) would be $955 ex GST.

Officer’s Comment

As the Airport Terminal is the first place that a tourist will see as they arrive in Esperance by air, it is an ideal location for some local advertising.

There is an opportunity to engage further with the business sector of town to provide advertising within the Terminal in various forms (written and digital) to further support the recent adoption of the Tourism Strategy. It is recommended that Council support investigation on the demand for advertising within the Terminal and cost/benefits of installing suitable infrastructure within the Terminal for the projection of digital images and advertising to support the Tourism Strategy.

It is also well known that Esperance has some of the world’s best scenery that could also be displayed digitally.

Consultation

Rosie Duffy – Kimberley Experiences Group

Manager Council Enterprises

Airport Operations Coordinator

Airport Operations Officer

Executive Management Team

Financial Implications

The financial implications arising from this report for the remainder of the 2021/22 financial year are a minor increase to the Miscellaneous Fees and Charges account for the Esperance Airport.

Description		Budget Figure	Amended Figure	Variation
Airport – Fees & Charges - Miscellaneous	01-3510-105-044	(1,000)	(2,000)	(1,000)

Net result				(1,000)

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

· Part 6, Division 5, s.6.16 of the Local Government Act 1995 deals with the imposition of new fees and charges.

· Part 6, Division 4, s.6.6 of the Local Government Act 1995 deals with amendments to the Annual Budget.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Esperance is seen as a destination of choice to live and work

Promote the Esperance lifestyle using environmental, built, cultural and social assets

Corporate Business Plan 2021/22 – 2024/25

B2.5 Manage the Esperance Airport

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council;

1. Adopts a new Fee – Advertising Signage within Airport Terminal - $250 per m2 per annum (GST Exc);

2. Amend the 2021/22 Budget (as follows) to account for the new fee;

Description		Budget Figure	Amended Figure	Variation
Airport – Fees & Charges - Miscellaneous	01-3510-105-044	(1,000)	(2,000)	(1,000)

Net result				(1,000)

3. Give public notice of the imposition of the new fee identifying that it will commence from 1 December 2021; and

4. Request the CEO to investigate opportunities for digital advertising within the Airport Terminal for future consideration of Council.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 October 2021 Page 84

12.2 Asset Management

Item: 12.2.1

Request for Tanker Jetty Timber

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/33904

Applicant

South Regional TAFE

Location/Address

Cnr Pink Lake Road and Connelly Street

Executive Summary

For Council to consider the request from South Regional TAFE for Esperance Tanker Jetty Timber.

Recommendation in Brief

That Council donate thirty six (36) Grade 2 Deck Planks to South Regional TAFE for their entry statement at the newly constructed Esperance TAFE campus.

Background

As part of the deconstruction of the Esperance Tanker Jetty, there has been some historic timber salvaged and stockpiled at the Shire Depot. Council has recently adopted Policy ASS 028 Esperance Tanker Jetty Timber that sets out how the Shire will distribute the timber for the community benefit. As part of the Policy Community Groups are able to apply for Historic Tanker Jetty Timber Grade 2 and 3 at no cost for public projects. The timber sorting matrix is provided in the attachments.

South Regional TAFE Esperance Campus has applied for 36 Deck Planks for use in a new entry statement at the newly constructed Esperance TAFE campus. See attached Request and Design.

The Shire currently has around 250 Grade 1 Deck Planks and 950 Grade 2 Deck Planks stockpiled at the Shire Depot

Officer’s Comment

The request from South Regional TAFE Esperance Campus meets the requirements of Council Policy ASS 028 Esperance Tanker Jetty Timber except for the request of access to Grade 1 timber. In discussions with South Regional TAFE if they only have access to the Grade 2 timber, then they will accept that.

As this request is above 50 lineal meters, it is presented for Council to determine. It is recommend that Council approves the request, except for the Grade 1 timber, as it meets all the other requirements set out in the policy.

Consultation

South Regional TAFE

Financial Implications

Nil financial implications. The requested donation has an estimated in-kind value of $2,700 (36 x $75).

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

ASS 028 Esperance Tanker Jetty Timber

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.	Esperance Tanker Jetty - Timber Sorting Matrix
b ⇩.	South Regional TAFE - Tanker Jetty Timber Request
c ⇩.	South Regional TAFE - Entry Statement Design

Officer’s Recommendation

That Council donate thirty six (36) Grade 2 Deck Planks to South Regional TAFE for their entry statement at the newly constructed Esperance TAFE campus.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 92

Item: 12.2.2

Lot 12 Kirwan Road - Trees

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/34399

Applicant

Internal

Location/Address

Lot 12 Kirwan Road Merivale.

Executive Summary

For Council to consider harvesting the blue gum trees on Lot 12 Kirwan Road Merivale.

Recommendation in Brief

That Council request the Chief Executive Officer to issue a tender for the disposal of blue gum trees on Lot 12 Kirwan Road Merivale.

Background

The Shire purchased Lot 12 Kirwan Road Merivale (Kirwan Road) for the potential of a landfill site in 2017. Since this time the landfill proposal for Kirwan Road has been abandoned. At the August 2020 Ordinary Council Meeting, Council resolved the following motion regarding how to deal with Lot 12 Kirwan Road:

That Council retain Lot 12 Kirwan Road for gravel extraction purposes for 3-5 years and reassess the wood chip market in the second half of 2021.

In regards to the gravel, it is estimated there is over 1,000,000 m³ of gravel on Kirwan Road and the economic benefit of keeping Kirwan Road purely for gravel extraction for Shire projects is over $150,000 per year.

In regards to the wood chip market, it has once again picked up from its lull experienced 12 months ago when Council made the previous motion. Since this time the Local Government Insurance Scheme (LGIS) who are the Shire’s insurance broker, have been unable to find an insurer for the planation at Kirwan Road, since our current insurer withdrew from the market due to significant losses. Given this, the planation in now not insured with the policy lapsing on the 7 October 2021.

Officer’s Comment

In consideration of the improvement in the wood chip market and the planation at Lot 12 Kirwan Road is now uninsured, officers recommend we start the disposal (sale) of the blue gum trees as soon as possible. It is also recommend to undertake the disposal via a Public Tender so that sale can accommodate market conditions.

If Council resolve the officer’s recommendation, the results of the public tender would be presented back to Council for determination.

Consultation

LGIS

Financial Implications

The plantation is now an uninsured asset on the Shires books.

Asset Management Implications

Nil

Statutory Implications

Council Delegation to the CEO

Delegation 1.10 Disposing of property (s.3.58)

Conditions:

2. The Chief Executive Officer is limited to determining disposals of property (including land assets) for any single project, or where not part of a project a single event, to an aggregated maximum material value of $500,000.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council request the Chief Executive Officer to issue a Public Tender for the disposal of blue gum trees on Lot 12 Kirwan Road Merivale.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 95

12.3 Corporate & Community Services

Item: 12.3.1

Audit Committee, Bush Fire Advisory Committee and Goldfields-Esperance Country Zone of WALGA and GVROC - Appointment of Members

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/30825

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider appointing members to the Audit Committee, Bush Fire Advisory Committee and Goldfields-Esperance Country Zone of WALGA and GVROC.

Recommendation in Brief

That Council appoint members to the Audit Committee, Bush Fire Advisory Committee and Goldfields-Esperance Country Zone of WALGA and GVROC.

Background

Under the Local Government Act 1995 s.5.11, committee membership expires on the Ordinary Election Day of Council which occurs biennially. As a result, all positions on Council Committees are vacant, and Elected Members, organisational representatives and community representatives need to be appointed.

Elected Members also need to be nominated to informal working groups, and external committees that Council has a vested interest in.

Officer’s Comment

The Audit Committee is the only committee that is a statutory requirement under the Local Government Act 1995 and needs to be formalized prior to meeting with the Shire’s Auditor.

As such, it is recommended that Council endorse Mr Ken Mills to continue in his existing role as a community representative until advertising and consideration by Council of independent member nominees can be undertaken.

Membership of the Bush Fire Advisory Committee was most recently endorsed by Council in April 2021 for the 2021/22 season. It is recommended that Council reappoint the existing members to this committee to ensure this committee remains in place with no administrative delays due to the recent local government election.

WALGA has requested that delegates be appointed to the Goldfields-Esperance Country Zone of WALGA and GVROC prior to 5 November 2021. This is an external committee to which Elected Members and the CEO are appointed, and provides an opportunity to provide input to GVROC and WALGA’s State Council.

Further Committee appointments and the biennial Terms of Reference review will be put forward at a subsequent Council Meeting. Advertising for Council Committees will be undertaken following the review of committee Terms of Reference.

Consultation

Director Corporate and Community Services

Chief Executive Officer

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Standing Orders Local Law 2015

Policy Implications

EXE 020: External Committee Representation

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

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

Corporate Business Plan 2021/22 – 2024/25

Facilitate Councillors Requirements to Represent the Community

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council;

1. Appoint Elected Members to Committees as follows;

Committee	Members	Deputy
Audit Committee	Cr Cr Cr Cr	N/A
Bush Fire Advisory Committee	Cr	Cr
Goldfields-Esperance Country Zone of WALGA and GVROC	Cr Cr	Chief Executive Officer

2. Appoint Mr Ken Mills as a Community Representative to the Audit Committee;

and;

3. Appoint the below Bush Fire Control and Fire Weather Officers for their Bush Fire Zone on the Bush Fire Advisory Committee;

Position		Member
Chief Bush Fire Control Officer		Philip Longmire
Deputy Chief Bush Fire Control Officer		Adrian Perks William Carmody
Zone	Senior Bush Fire Control Officer		Deputy Senior Bush Fire Control Officer
West Zone	Tomas Carmody		William Carmody
West Coast Zone	Kingsley Scott		Peter Luburda
North Zone	Rory Graham		Christopher Hallam
East Zone	Simon Schlink		Lyndon Mickel
East Coast Zone	Adrian Perks		Nicholas Ruddenklau
Urban Rural Zone	Peter Rowe		Ronald Chambers

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 October 2021 Page 98

Item: 12.3.2

Lease Agreement - Gibson Public Toilets - Willoranah Pty Ltd

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/32807

Applicant

Shire of Esperance

Location/Address

Lot 2, Coolgardie-Esperance Highway Gibson WA

Executive Summary

For Council to consider entering into a new Lease agreement with Paul Willoughby, of Willoranah Pty Ltd, for the Gibson Public Toilets on a portion of Lot 2, Coolgardie-Esperance Highway Gibson.

Recommendation in Brief

That Council enter into a new Lease agreement with Paul Willoughby, of Willoranah Pty Ltd, for the Gibson Public Toilets on a portion of Lot 2, Coolgardie-Esperance Highway Gibson for a term of 2 years.

Background

A letter was received from Mr Phil Wadman from Wadman Enterprises in April 1998 which provided consent for the Shire to Lease a portion of the land on Lot 2 Coolgardie-Esperance Highway for the purpose of constructing a public toilet, however no formal agreement for this area was entered into until 1 September 2005.

In 2015, the property changed hands and is now owned by Willoranah Pty Ltd who the Shire has been leasing from since May 2016. This lease expired in 2018 and has been in hold over while awaiting a response from Willoranah Pty Ltd with regard to our request to renew the lease.

Paul Willoughby has verbally advised that he is agreeable to renewing the lease for a further 12 months.

Officer’s Comment

Discussion with internal officers has determined no concerns with the lease being renewed for a further 12 months as there is still a need to have public toilet facilities in Gibson at this time.

Consultation

Paul Willoughby

Manager Strategic Planning and Land Projects

Manager Development and Statutory Services

Building Coordinator

Asset Management Implications

The Shire will remain responsible for all maintenance of the premises.

Cleaning is currently undertaken by the Gibson Progress Association, who invoice the Shire for costs on an annual basis.

Financial Implications

The Shire will remain responsible for all maintenance, insurance and cleaning costs for the premises.

Statutory Implications

Local Government Act 1995

Strategic Implications

Strategic Community Plan 2017 – 2027

Growth And Prosperity

Esperance is seen as a destination of choice to live and work

Promote the Esperance lifestyle using environmental, built, cultural and social assets

Corporate Business Plan 2021/2022 – 2024/2025

Manage Shire leases and insurances

Attachments

Nil

Officer’s Recommendation

That Council enter into a new Lease agreement with Willoranah Pty Ltd for a portion of Lot 2 Coolgardie-Esperance Highway, Gibson WA subject to the following:

1. The term of the lease being 12 months, commencement date upon execution by both parties;

2. The Shire being responsible for ongoing maintenance, insurance and cleaning of the premises;

3. The premises be used for the purpose of Public amenities; and

4. The lease rent be $1.00 p.a. payable on demand.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 100

Item: 12.3.3

Lease - Regional Express Pty Ltd - Airport Check-in Desk and Office

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/33070

Applicant

Regional Express Pty Ltd

Location/Address

Portion of the Esperance Airport Terminal Building, Lot 15 Coolgardie-Esperance Highway Gibson.

Executive Summary

For Council to consider entering into a new lease with Regional Express Pty Ltd for the Airport Check-in Desk and Office in the Terminal Building, Lot 15 Coolgardie-Esperance Highway Gibson.

Recommendation in Brief

That Council enter into a new lease with Regional Express Pty Ltd for the Airport Check-in Desk and Office in the Terminal Building, Lot 15 Coolgardie-Esperance Highway Gibson.

Background

Regional Express Pty Ltd has been leasing the check-in desk and office area at the Esperance Airport Terminal since 2016, following their successful tender with the State Government for the Perth-Esperance route.

The current lease is due to expire 27 February 2022.

Regional Express Pty Ltd has requested that their lease be renewed until the 30 June 2023 in line with their current licence agreement, with an option to renew depending on the outcome of the government licence renewal process.

Officer’s Comment

Discussions with officers has identified no issues with the lease being renewed, as Regional Express Pty Ltd continues to manage the Perth-Esperance flight route.

It is difficult to provide an option to extend when the term of the option is currently unknown, therefore it is being recommended that the lease expire at 30 June 2023 in line with the government contract, with no further term option. If their contract is renewed, it is expected that a new lease would be negotiated with Regional Express Pty Ltd at that time for the term of the contract.

As per s.3.58(4)(c)(i) of the Local Government Act 1995, to determine the market value of the disposition we require a rental valuation to be carried out, not more than 6 months prior to the proposed disposition. In this instance, it is proposed that we utilise s.3.58(4)(c)(ii) of the Act for determining the market value of the disposition. This clause states “as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.”

The Shire obtained an independent rental valuation for the Airport Terminal Building in November 2015, which advised that the current rate payable was $250/m² ex GST per annum.

Discussions with the registered valuer held in December 2020 determined that no significant changes had occurred in the Esperance rental market since their 2015 valuation.

A recent discussion with local real estate agents has determined that the market since 2020 dropped slightly, however has now returned to a level similar to that in 2020.

It is therefore recommended that we utilise the value from the 2015 valuation to calculate the annual rent for this lease. As the lease area is 19.4m², the annual rent would be $4,850 ex GST, being $5,335 Inc GST per annum.

Consultation

Regional Express Pty Ltd

Manager Council Enterprises

Airport Operations Coordinator

Thorp Realty

Financial Implications

Annual Lease Fee of $5,335 Inc GST

Lease Preparation Fee of $575 Inc GST

Asset Management Implications

The Shire is responsible for maintenance of the terminal building.

Statutory Implications

Local Government Act 1995 – s.5.38 Disposal of Property

Policy Implications

COR004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Esperance is seen as a destination of choice to live and work

Promote the Esperance lifestyle using environmental, built, cultural and social assets

Corporate Business Plan 2021/22 – 2024/25

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Lease Renewal Request - Regional Express Pty Ltd

Officer’s Recommendation

That Council;

1. Enter into a lease with Regional Express Pty Ltd for a portion of the Esperance Airport Terminal Building, Lot 15 Coolgardie-Esperance Highway Gibson, with an expiry date of 30 June 2023;

2. Charge an annual lease fee of $5,335.00 Inc GST, subject to annual CPI increases, and consider the valuation obtained in November 2015 to be a true indication of the current market rental rate;

3. Charge a lease preparation fee of $575 Inc GST; and

4. Advertise the disposition in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 153

Item: 12.3.5

Vacant Land for Sale by Tender

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/33828

Applicant

Internal Report

Location/Address

See Attachments A, B, C and D.

Executive Summary

Approval is sought to proceed to tender for a number of vacant lots of land, with any lots that don’t receive an offer through the tender process to continue to be sold via Chief Executive Officer (CEO) delegation for a further six-month period.

Recommendation in Brief

That Council:

1. Direct the CEO to advertise all unsold lots within Flinders Stage 2 and Shark lake Industrial Park along with Lots 861 and 862 Hockey Place and Lot 1035 Voile Lane (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

a. Confirm it believes that the valuations previously received from Opteon Property Group for the Hockey Place Lots in February 2017 and Heron Todd White Esperance for the Flinders Stage 2 lots in February 2020, Voile Lane property in May 2021 and Shark Lake Industrial Park properties in June 2021 continue to be a fair indication of the value of these lots.

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

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

Background

The current delegated authority to the CEO to accept offers on identified vacant lots is due to expire in November.

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

There is currently a total of 5 lots available for sale in Flinders, 27 lots in Shark Lake Industrial Park, two lots in Hockey Place and lot 1035 Voile Lane.

Officer’s Comment

Submissions are rarely received for tenders issued for vacant land (although 2 lots did sell within the last tender – these were however new to the market and located within the smaller towns of Salmon Gums and Grass Patch). This recommendation removes the need for Council to reconsider these lots prior to them being re-listed with real estate agents unless a submission is received. In the event that one or more tender submissions is received, this recommendation will allow all lots not involved in a submission to be listed with real estate agents while the tenders are being considered, minimising the time the lots are off the market.

It has been recommended that Council continue to rely upon the licensed valuations obtained from Opteon Property Group in February 2017 Attachment H) for the Hockey Place lots and Heron Todd White in February 2020 (Flinders – Attachment E), May 2021 (Voile Lane – Attachment G) and June 2021 (Shark Lake Industrial Park – Attachment F), [as allowed under s3.58 (4)(c)(ii)] as there has been little change in the market in the intervening time (while activity has increased in recent months, pricing has remained relatively consistent). These valuations are available at Attachments E, F, G and H.

The options for Council are:

· Continue with the current pricing process.

· Adjust the pricing if Council believes material changes in the market justify it.

· Request new valuations prior to making any decisions on future pricing for any of the lots. This can occur during the tender process with the decision being made after the tender closes, however it will remove these properties from sale by the real estate agents for close to 2 months.

Consultation

Thorp Realty and The Professionals currently act as selling agents on these properties. Regular contact regarding the local market is maintained.

Financial Implications

Income from any sale of land is placed in the Land Development reserve to ensure that income from the sale of land assets doesn’t get utilised on an operational expense or depreciating asset as per the intent of the Land Asset policy and procedures.

Asset Management Implications

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

Statutory Implications

The statutory implications associated with this item are contained within:

Local Government Act 1995

Section 3.58 – Disposing of Property

Policy Implications

Sale of non-strategic freehold land and placement of fund in reserve for future land development or acquisition of strategic land is consistent with the Councils Public Land Asset Strategy.

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future.

Environmental Considerations

Nil

Attachments

a ⇩.	Land for Sale - Flinders
b ⇩.	Land for Sale - Shark Lake Industrial Park
c ⇩.	Land for Sale - Voile Lane
d ⇩.	Land for Sale - Hockey Place
e .	Valuation - Flinders - Confidential
f .	Valuation - Shark Lake Industrial Park - Confidential
g .	Valuation - Voile Lane - Confidential
h .	Valuation - Hockey Place - Confidential
i .	Listing and Sale Prices - Confidential

Officer’s Recommendation

That Council

1. Direct the CEO to advertise all unsold lots as detailed below at 3. (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

2. Confirm it believes that the valuations previously received from Opteon Property Group for the Hockey Place Lots in February 2017 and Heron Todd White Esperance for the Flinders Stage 2 lots in February 2020, Voile Lane property in May 2021 and Shark Lake Industrial Park properties in June 2021 continue to be a true indication of the value of these lots.

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

LOT	SIZE (SQM)	Listing Price
Lot 1035 Voile Lane, Castletown	1830	$300,000
Flinders
226	766	$175,000
242	836	$185,000
243	836	$190,000
266	768	$180,000
275	801	$180,000
Hockey Place
861	567	$170,000
*862	571	$175,000
Shark Lake Industrial Park
20	6,909	$95,000
21	3,166	$55,000
122	7,284	$99,000
123	4,498	$75,000
124	27,066	$199,000
125	8,782	$115,000
47	105,804	$450,000
26	29,445	$220,000
127	31,986	$240,000
128	31,986	$240,000
129	14,896	$165,000
130	14,884	$165,000
131	4,212	$70,000
132	5,713	$85,000
33	16,740	$175,000
34	16,549	$175,000
35	16,361	$170,000
36	16,142	$170,000
37	15,969	$170,000
38	13,915	$155,000
40	10,195	$125,000
41	9,559	$120,000
42	6,963	$95,000
43	5,750	$85,000
44	4,936	$80,000
45	4,067	$70,000
46	4,420	$75,000

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

Voting Requirement Simple Majority

Applicant

Internal Report

Location/Address

N/A

Executive Summary

A waiver of fees for Civic Centre Hire are sought for the memorial service of Neville Mulgat.

Recommendation in Brief

That Council waive the Civic Centre hire fees associated with the memorial service for Neville Mulgat.

Background

Under Council Policy, fees for the use of the Civic Centre can only be waived by Council.

Freeman of the Shire, Neville Mulgat passed away recently with his memorial service occurring on Monday the 18^th of October. In recognition of his long association with the Shire, the significant number of voluntary hours he put into the successful operations of the Esperance Civic Centre and his connection to the community, it is suggested that the Civic Centre hire fees associated with his memorial service be waived.

Officer’s Comment

Neville worked at (ran on behalf of Council) the Civic centre from 1991 through to 2005, but stayed involved with the centre after his retirement right through until 2019. This included sharing his knowledge of the mechanisms of the Civic Centre to assist wherever possible as new staff came on board.

His efforts not only culminated in him being made a Freeman of the Shire, but the Shire also named its annual Customer Service Awards after him.

Due to the impact he had on both the Shire and the community more broadly it is felt appropriate that the fees for his memorial service be waived in his honour. The last time this occurred was at the passing of Dennis Kelly, a long-standing Council employee who has the Shire’s Safety Awards named in his honour.

A Council decision is required to meet both the Local Government Act 1995 and the applicable Council Policy, which states: That the Esperance Civic Centre Hire fees not be waived unless in extenuating circumstances and with the express approval of Council.

Option One

That Council waive the Civic Centre hire fees associated with the memorial service for Neville Mulgat.

Option Two

That Council not waive the Civic Centre hire fees associated with the memorial service for Neville Mulgat.

Consultation

Civic Centre Coordinator

Director Corporate and Community Services

Chief Executive Officer

Financial Implications

The financial implications arising from this report are a loss of income to the Civic Centre of approximately $1,100.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are contained within Part 6, Division 4, Section 6.12 of the Local Government Act 1995

Policy Implications

The policy implications arising from this report are contained within Council Policy EXE 024: Civic Centre Hire Fees Not to be Waived.

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

Active volunteers supporting organisations and activities that bring the community together.

Encourage and support volunteers and community groups

Environmental Considerations

Nil

Ordinary Council: Agenda

26 October 2021 Page 163

PDF Creator

12.4 Executive Services

Item: 12.4.1

Common Seal Usage July 2021 to September 2021

Author/s	Emily Hegney	Executive Assistant
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/32003

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 is tabled at an Ordinary Council Meeting biannually to be received by Council.

Officer’s Comment

Both the signed register and the electronic register are available for inspection by Councillors during normal office hours. A copy of the electronic register will be tabled at an Ordinary Council Meeting 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 - July 2021 to September 2021

Officer’s Recommendation

That Council receive the report titled The Shire of Esperance Common Seal Usage for the period of July 2021 to September 2021.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 229

Item: 12.4.3

Agenda Briefing and Ordinary Council Meeting Dates - 2022

Author/s	Emily Hegney	Executive Assistant
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/33905

Applicant

Internal

Executive Summary

For Council to accept the proposed dates for the Agenda Briefing Session and Ordinary Council Meeting for 2022 as attached.

Recommendation in Brief

That Council agrees to the attached schedule of Agenda Briefing Session and Ordinary Council Meeting dates for 2022.

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 meets on the third Tuesday of every month at 1pm for an Agenda Briefing Session and on the fourth Tuesday of every month at 4pm for the Ordinary Council Meeting. It is recommended that this practice continues with the exception of the December meetings, in order to accommodate the festive season. To accommodate these events it is proposed that the December Agenda Briefing and OCM be held a week earlier.

The September 2021 OCM was held at Condingup Recreational Centre and was reasonably well attended. It is recommended that Council have the next September OCM at another rural site. An option could be Grass Patch or Salmon Gums as the other regional centers have been visited by Council more recently for formal Council meetings.

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 2022

Officer’s Recommendation

That Council:

1. Agree to holding an Agenda Briefing at 1pm on the third Tuesday of every month commencing January 2022, with the following exception;

a. The December briefing, which will be moved forward one week

2. Agree to the attached schedule of Ordinary Council Meeting dates from January 2022 until December 2022, with the following exception;

a. The December Ordinary Council Meeting, which will be moved forward one week

3. Agree to hold the September Ordinary Council Meeting at ______________, and

4. Request the Chief Executive Officer to undertake all statutory advertising in this regard.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 October 2021 Page 232

13. Reports Of Committees

Item: 13.1

Greater Sports Ground Redevelopment Masterplan 2021-2041

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/33240

Applicant

Greater Sports Ground Redevelopment Advisory Committee

Location/Address

Executive Summary

The proposed Greater Sports Ground Redevelopment Masterplan 2021-2041 updates the precinct plans with recent developments and prepares for potential future development projects over the next 20 years.

Recommendation in Brief

That Council adopt the attached Greater Sports Ground Redevelopment Masterplan 2021-2041.

Background

The Greater Sports Ground (GSG) is the premier sporting complex within Esperance and is currently home to 14 sporting and recreation groups as well as being used extensively by the community outside of organised sporting activities. It also provides a home for the annual agricultural show and accommodates a significant number of campers during peak tourism season as the overflow camping area.

Since 2015 a significant number of upgrades have occurred within the GSG, including construction of the new indoor stadium, installation of a new playground and refurbishment of the Noel While Centre. This resulted in the GSG Redevelopment Committee (the Committee) recommending to Council in early 2019 that the existing GSG masterplan be reviewed and updated to reflect these changes and identify development opportunities and priorities for the future. This was supported by Council at the June 2019 Ordinary Council meeting.

The Committee initiated this process with a user group workshop in July 2019, with a request for further information regarding each of the user group’s needs, priorities and plans requested following this. The process was initially slowed as the stadium and Noel White Centre were being completed and a full understanding of the opportunities and constraints they would present was being understood by the user groups and Committee. The onset of COVID-19 also presented challenges for the user groups to provide timely input and have confidence around their short-medium term needs.

By August 2020 the feedback required had been captured to enable a draft future layout to be developed for the GSG, a number of workshops with the Committee then occurred to get the draft to a point that there was comfort in presenting back to the user groups for review and comment. This proposed masterplan takes into consideration feedback received from the user groups and follow-up discussions with the Committee on incorporating this feedback. The implementation plan and initial priority projects identified within this document were a key part of these discussions.

The final Masterplan as attached was endorsed by the Committee in September 2021

That the Greater Sports Ground Redevelopment Committee endorse the attached Esperance Greater Sports Ground Redevelopment Masterplan 2021-2041 and recommend to Council for adoption.

Officer’s Comment

The updated Greater Sports Ground Redevelopment Masterplan 2021-2041 replaces the previous masterplan that was adopted well over a decade ago. Since that time a number of improvements has taken place on the sportsgrounds, along with significant changes in demand within the various sports and organisations utilizing the grounds.

The new proposed masterplan takes into consideration the above changes as well as factoring in both short term proposed upgrades that have been identified as necessary within current utilisation and longer term potential projects, several of which will be dependent on continuing growth of the town and particular sporting pursuits.

The priority projects that have been identified are:

· Sealing of internal roads

· Closure of internal roads to prevent the Greater Sports Ground being used for through traffic

· Power upgrade to the Greater Sports Ground

· Construction of four new outdoor netball courts

· Replacement of the tuart trees with a more suitable species

Option One

That Council endorse the Greater Sports Ground Redevelopment Masterplan

Option Two

That Council endorse the Greater Sports Ground Redevelopment Masterplan with amendments

Consultation

Members of the Greater Sports Ground Redevelopment Advisory Committee

Greater Sports Ground User Organisations

Director Asset Manager

Manager Community and Economic Development

Coordinator Community Development and Events

Club/Community Development Officer

Financial Implications

There are no additional financial implications arising from this report. Some of the priority projects are already allowed for within the current municipal budget while any others will be subject to future budget approval.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport, recreation, arts and cultural activities that can be pursued by all

Facilitate and support sport, recreation, arts and cultural activities

Environmental Considerations

Nil

Attachments

a ⇩.

Greater Sports Ground Redevelopment Masterplan

Committee Recommendation

That Council endorse the attached Greater Sports Ground Redevelopment Masterplan 2021-2041.

Voting Requirement Simple Majority

a ⇩.	Information Bulletin - September 2021
b ⇩.	Corporate Performance Report - September 2021
c ⇩.	Delegations Discharge - Corporate Resources
d ⇩.	Rates Comparison Report 2021
e ⇩.	WALGA Quarterly Overview Report
f ⇩.	WALGA 2020/21 Annual Report

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

Author/s	Sofie Hawke	Trainee Administration Assistant - Executive Services
Authorisor/s	Shane Burge	Chief Executive Officer

a ⇩.	Bush Fire Advisory Committee - 14 September 2021
b ⇩.	Greater Sports Ground Redevelopment Committee - 23 September 2021