26 October 2021 Page 1
Shire of Esperance
Ordinary Council
Tuesday 26 October 2021
MINUTES
26 October 2021 Page 1
Shire of Esperance
Ordinary Council
Tuesday 26 October 2021
MINUTES
26 October 2021 Page 2
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.
RECORDINGS
The Meeting will be live streamed. The recording will be made publicly available as soon as practical following the meeting.
Ordinary Council: Minutes
26 October 2021 Page 3
Table of Contents / Index
ITEM
NO. ITEM HEADING PAGE
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
4. APPLICATIONS FOR LEAVE OF ABSENCE
5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations of Financial Interests – Local Government Act Section 5.60a
6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
8. PUBLIC ADDRESSES / DEPUTATIONS
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
12.1.1 Local Planning Policy - Blue Haven and Second Beach Development
12.1.2 Regional Joint Development Assessment Panel: Nomination of Members
12.1.3 Endorsement of Bush Fire Risk Management Plan
12.1.4 Development Application - Oversized Outbuilding (Shed) - Lot 9 (10) Common Road, Pink Lake
12.1.7 Development Application - Oversized Outbuilding (Shed) - Lot 241 (24) Asken Turn, Bandy Creek
12.1.8 New Fee - Advertising within the Airport Terminal
12.2.1 Request for Tanker Jetty Timber
12.2.2 Lot 12 Kirwan Road - Trees
12.3 Corporate & Community Services
12.3.2 Lease Agreement - Gibson Public Toilets - Willoranah Pty Ltd
12.3.3 Lease - Regional Express Pty Ltd - Airport Check-in Desk and Office
12.3.4 Financial Services Report - September 2021
12.3.5 Vacant Land for Sale by Tender
12.3.6 Waiver of Civic Centre Fees - Funeral of Neville Mulgatt
12.4.1 Common Seal Usage July 2021 to September 2021
12.4.2 Information Bulletin - September 2021
12.4.3 Agenda Briefing and Ordinary Council Meeting Dates - 2022
13.1 Greater Sports Ground Redevelopment Masterplan 2021-2041
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. Urgent Business Approved by Decision
17. Matters behind Closed Doors
26 October 2021 Page 5
SHIRE OF ESPERANCE
MINUTES
Ordinary
Council Meeting
HELD IN Council Chambers ON
26 October 2021.
COMMENCING AT 4pm
1. OFFICIAL OPENING
The Shire Deputy President declared the meeting open at 4:00pm and did an acknowledgement to country.
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.
The President welcomed Councillors, staff, guests and members of the public to the meeting.
2. ATTENDANCE
Cr R Chambers Deputy President Town Ward
Cr J O’Donnell Town Ward
Cr S McMullen Town Ward
Cr J Obourne Town Ward
Cr L De Haas Town Ward
Cr R Horan Town Ward
Cr W Graham Rural Ward
Cr S Flanagan 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
Miss C Smith Manager Media & Communications
Members of the Public & Press
Miss P Fillmore Item 5
Dr K Nieukerke Item 7
Mrs D Piercey Item 7
Ms A Gregory Item 7
Miss A Reid Observing
Mrs L Saunders Media Esperance Weekender
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
Cr I Mickel, AM JP President Apology
4. APPLICATIONS FOR LEAVE OF ABSENCE
|
Motion |
|
Seconded: Cr O'Donnell That Council accept the following leave of absence; Cr Horan 12 November until 20 November 2021 Cr Chambers 30 October until 07 November 2021 F8 - A0 |
5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION
Deputy President, Ron Chambers congratulated Paige Fillmore on the recent success of her artwork in the WA Local Government (WALGA) #shoWcAse in Pixels Art Competition, and presented her with a token of congratulations.
“Not only did her artwork receive an award on behalf of Esperance Senior High School as winner of the Secondary Schools category, but Esperance was also chosen as the overall winner.
The showcase in Pixels Art competition is run by WALGA as part of the annual Local Government Convention, and was held in Perth this year. The winning artwork is displayed on a 45 meter high digital screen in Yagan Square in Perth CBD.
The artwork is not just about the scenery and natural beauty which we all know and love about Esperance, but depicts two large hands of the community, which hold up the natural beauty in the artwork. This emphasises that the community is what makes Esperance special and unique.”
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations of Financial Interests – Local Government Act Section 5.60a
Nil
6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
Mr Walker declared a Proximity interest in item 12.1.7 as he is the owner of an adjoining property.
Cr Horan declared a Proximity interest in item 12.1.1 as he is a resident of Blue Haven.
6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
Cr Graham declared an Impartiality interest in item 12.3.1 as his brother is a member of the Bush Fire Advisory Committee.
Cr Mickel declared an Impartiality interest in item 12.3.1 as his son is a member of the Bush Fire Advisory Committee.
Cr Chambers declared an Impartiality interest in item 12.3.1 as he is the Deputy Bush Fire Control Officer and a member of the Bush Fire Advisory Committee .
Mr Walker declared an Impartiality interest in item 13.1 as his he is a member of the Esperance Hockey Association.
7. PUBLIC QUESTION TIME
1. Dr K Nieukerke – Financial Services Report
Dr Nieukerke questioned now that the final payment has been made to Crossview for the Esperance Jetty, when will the technical design be made available to the public.
Mr Walker responded that the Shire will make the designs available as soon as possible. These can be found on the Shire’s website.
2. Ms A Gregory – Item 12.1.6 – Holiday House
Ms Gregory referred to page 58 of the agenda and questioned how the property in question is considered compatible with the surrounding residential developments.
Mr Hindley responded that the property is compatible because it is a use that can be considered in the residential zone and the residential zone is actually designed to have a number of incidental uses within it. These are subject to conditions being applied that may manage the use appropriately.
Ms Gregory questioned whether she will need to be the caretaker of the property so that the property manager can be informed of any problems at the residence.
Mr Hindley responded that whilst the property manager is the first point of contact, there is an ability to also lodge a complaint with the Shire if they believe the conditions aren’t being adhered to.
Ms Gregory questioned whether she would need to keep a logbook of the incidences and how timely they were dealt with over a period of time, and will she then need to propose that the property is not being managed correctly.
Mr Hindley responded there is no level which you need to achieve to make a complaint with the Shire. If you believe they aren’t abiding by it, you can contact the Shire and we will investigate.
Ms Gregory questioned what a nuisance issue is and how it relates to noise.
Mr Hindley responded that nuisance can be noise or odour, and advised that there are a range of things that form nuisance which are controlled by the conditions that are being placed on the development.
Ms Gregory questioned what is considered reasonable noise.
Mr Hindley responded that noise regulations stipulate what is considered reasonable noise and there are certain thresholds which are based on the adjoining land users and on the time of day.
Ms Gregory questioned what is classed a reasonable timeframe for a response from the property manager before going to the secondary contact.
Mr Hindley responded that it is her choice on when to go through the secondary contacts as the Shire does not mandate specific timeframes.
Ms Gregory questioned if two hours is a reasonable timeframe.
Mr Hindley responded that it depends on the time of day and who is available, as well as whether it is a Shire response or a police response.
Ms Gregory questioned if there is a subsidy available from the Shire, should she seek compensation for putting up additional privacy screens on their property.
My Hindley responded that the additional screening proposed for her property would be seen as a main avenue for improving the amenity of the building.
Cr Chambers referred to current Shire policies that would allow the Shire to put a mandate screening on the property in question, but any work performed on her property would be at their own cost.
Ms Gregory questioned if the level of the holiday homes will be considered by Council in relation to window to window privacy when making a decision.
Cr Chambers responded that privacy and all issues raised will be taken into consideration when Council is making its decision.
Ms Gregory questioned how many cars they can expect to have at the property at any one time and if the tenants are allowed to park on their verge.
Mr Hindley responded that there is a minimum of two bays for a residential building, but Council does not put a limit on the number of cars that can be parked on the site.
Cr Chambers suggested that Ms Gregory approach the owner of the property to discuss people parking on her verge and the possibility of including this in their Property Management Plan.
Ms Gregory referred to page 64 of the agenda; Esperance Short Term Lease Agreement and referenced “tenant agrees to use the parking spaces provided and not to park on the lawn or garden areas of the property, on the street verge, or street outside the property”. Ms Gregory also questioned if the tenants would use the garage spaces or if she could expect them to have three or more cars parking in or around the premises.
Mr Hindley responded that under the Short Stay Accommodation Management Plan, there would need to be parking in the parking bays on the driveway, not on garden areas or verge areas.
Cr Chambers responded that the above conditions are in their Management Plan, and that it will be pointed out to the owner of the property and the property managers.
3. Mrs D Piercey – First Woman Elected to Council
Mrs Piercey questioned if Council can consider commissioning a bust of Jeanie Stewart for the foyer. Mrs Piercey sighted the immense courage required for Jeanie to overcome the normalised female oppression of that era (1970) and to nominate for Council, and moreover the tremendous achievement of being elected.
4. 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
Miss Fillmore left the Chamber at 4:16pm and did not return.
Miss Smith left the Chamber at 4:16pm.
Miss Smith entered the Chamber at 4:19pm.
8. PUBLIC ADDRESSES / DEPUTATIONS
Nil
9. Petitions
Nil
10. CONFIRMATION OF MINUTES
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
Cr Obourne
14 Oct Attended ECCI Business After Hours
16 Oct Attended the 2021 Council Election
18 Oct Attended Councillor Farewell Sundowner
Cr Flanagan
20 Oct NDIA/NDIS Information Session
18 Oct Attended Councillor Farewell Sundowner
Cr O’Donnell
13 Oct Met with Toni Hawkins, Chair of Esperance Aged Care
14 Oct Attended Mental Health Week Pop Up Café for Morning Tea
14 Oct Attended informal briefing session regarding Proposed South Coast Marine Park
14 Oct Attended Meet and Greet with Peter Rundle
14 Oct Attended ECCI Business After Hours
16 Oct Attended Esperance Agriculture Show and assisted on the Shire of Esperance Stand
18 Oct Attended Councillor Farewell Sundowner
19 Oct Attended Esperance Aged Care Facility AGM
19 Oct Attended the Mental Health Week Community Information Session
20 Oct Attended NDIA/NDIS Information Session
Cr Graham
14 Oct Attended ECCI Business After Hours
16 Oct Attended Esperance Agriculture Show and assisted on the Shire of Esperance Stand
18 Oct Attended Councillor Farewell Sundowner
20 Oct Attended NDIA/NDIS Information Session
Cr De Haas
20 Oct NDIA/NDIS Information Session
18 Oct Attended Councillor Farewell Sundowner
Cr Horan
20 Oct NDIA/NDIS Information Session
18 Oct Attended Councillor Farewell Sundowner
Cr McMullen
14 Oct Attended ECCI Business After Hours
18 Oct Attended Councillor Farewell Sundowner
Cr Chambers
16 Oct Attended Esperance Agriculture Show and assisted on the Shire of Esperance Stand 16 Oct Attended the 2021 Council Election
18 Oct Attended Councillor Farewell Sundowner
Cr Mickel
29 Sep Attended Police Remembrance Day Service.
1 Oct Drew the final Early Birds Rates Draw
7 Oct Attended Horizon Power meeting regarding options for ongoing gas reticulation in Esperance
11 Oct Met with residents of Hicks Rd & Angove Rd regarding future works on Fisheries Road, Bandy Creek
12 Oct Attended the Official Opening of the Bob Pigott Memorial Garden
13 Oct Met with residents of Hicks Rd & Angove Rd regarding future work on Fisheries Road, Bandy Creek
13 Oct Met with Toni Hawkins, Chair of Esperance Aged Care
14 Oct Attended informal briefing session regarding Proposed South Coast Marine Park
14 Oct Attended Meet and Greet with Peter Rundle
14 Oct Attended ECCI Business After Hours
15 Oct Attended the Official Opening of the Esperance & District Agricultural Show.
15 Oct Attended Esperance Agriculture Show and assisted on the Shire of Esperance Stand
16 Oct Attended Esperance Agriculture Show and assisted on the Shire of Esperance Stand 16 Oct Attended the 2021 Council Election
18 Oct Attended Councillor Farewell Sundowner
19 Oct Attended Esperance Aged Care Facility AGM
19 Oct Attended the Mental Health Week Community Information Session
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
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 27th 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
|
a⇩. |
Local Planning Policy - Blue Haven Second Beach Development |
|
|
b⇩. |
Submission |
|
|
c⇩. |
Submission - 2nd round of advertising |
|
|
d⇩. |
Schedule of Submissions |
|
Cr Horan declared his Proximity interest and left the Chamber at 4:23pm.
RECOMMENDATION AND DECISION
Cr Horan retuned to the Chamber at 4:25pm.
26 October 2021 Page 35
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
|
a⇩. |
Regional Joint Development Assessment Panel Map |
|
|
b⇩. |
DAP Nomination Form |
|
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c⇩. |
Schedule 2 - Planning and Development (Development Assessment Panels) Regulations 2011 |
|
RECOMMENDATION AND DECISION
Ordinary Council: Minutes
26 October 2021 Page 42
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
|
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 |
|
RECOMMENDATION AND DECISION
Ordinary Council: Minutes
26 October 2021 Page 46
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
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|
Maximum Variation |
• 25% for Site Area • 10% for Wall or Ridge Height
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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
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a⇩. |
Plans |
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EN BLOC |
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Seconded: Cr McMullen That Council adopt the Officers Recommendations for the following items: 12.1.4 Development Application - Oversized Outbuilding (Shed) - Lot 9 (10) Common Road, Pink Lake 12.1.5 Development Application - Oversized Outbuilding (Shed) - Lot 32 (12) Hamersley Street, Esperance 12.1.7 Development Application - Oversized Outbuilding (Shed) - Lot 241 (24) Asken Turn, Bandy Creek F8 - A0 |
Mr Walker declared his Proximity interest and left the Chamber at 4:28pm
Mr Walker returned to the Chamber at 4:29pm.
RECOMMENDATION AND DECISION
26 October 2021 Page 54
Development Application - 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.
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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
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|
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 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.
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.
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
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a⇩. |
Plans |
|
RECOMMENDATION AND DECISION
26 October 2021 Page 63
Development Application - Change of Use - Dwelling to Holiday House - S/L 1 (14B) Walker Street, West Beach
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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:
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Objection: |
Planning Comment: |
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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. |
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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. |
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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. |
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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. |
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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. |
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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
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a⇩. |
Property Management Plan |
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b⇩. |
Objection 1 |
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c⇩. |
Objection 2 |
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d⇩. |
Applicants Response to Objections |
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RECOMMENDATION AND DECISION
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12.1.6 Development Application - Change of Use - Dwelling to Holiday House - S/L 1 (14B) Walker Street, West Beach Officers 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.
MOTION Moved: Cr McMullen Seconded: Cr Graham Council Resolution 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. The approved development needs to comply with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. In particular, but not limited to the Code of Practice for the Design, Manufacture, Installation and Operation of Aerobic Treatment Units (ATU’s) requirements of: · Signage on disposal area. · Ongoing maintenance as per the Code of Practice. 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 prior to occupancy. 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. 13. This approval for the proposed Change of Use – Dwelling to Holiday House is valid for a period of one (1) year from the date of approval. An extension of time will be automatically granted so long as on no valid complaints are received during the initial (one year) approval period. If a valid objection or complaint is received, this development approval will lapse. 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. In relation to condition 2 occupiers of the Holiday House will need to be informed of the procedure in the event of a system failure. 3. 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. 4. 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. 5. The development the subject of this planning approval is required to comply with the Shire Esperance Health Local Laws 2009. 6. 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.
7. 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.
F2 – A6 (Against Cr Obourne, Cr O’Donnell, Cr Flanagan, Cr de Haas, Cr Horan & Cr Chambers)
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Motion Moved: Cr McMullen Seconded: Cr Obourne
That Council refuse DA 10.2021.4783.1 for a change of use of S/L 1 (14B) Walker Street, West Beach, for the following reasons; 1. Visible privacy impact on the adjoining property; and 2. Amenity impact on the adjoining property. CARRIED F8 – A0 |
Reason: Council wanted to refuse this item to allow for a change of use as noted in the Motion above.
Mrs Piercey left the Chamber at 4:35pm and did not return.
26 October 2021 Page 82
Development Application - Oversized Outbuilding (Shed) - Lot 241 (24) Asken Turn, Bandy Creek
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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.
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|
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.
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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
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|
Maximum Variation |
• 25% for Site Area • 10% for Wall or Ridge Height
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|
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 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
|
a⇩. |
Floor Plan and Elevations |
|
|
b⇩. |
Site Plan |
|
RECOMMENDATION AND DECISION
Ordinary Council: Minutes
26 October 2021 Page 90
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
Nil
Mr Hindley left the Chamber at 4:46pm and did not return.
RECOMMENDATION AND DECISION
26 October 2021 Page 94
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
|
a⇩. |
Esperance Tanker Jetty - Timber Sorting Matrix |
|
|
b⇩. |
South Regional TAFE - Tanker Jetty Timber Request |
|
|
c⇩. |
South Regional TAFE - Entry Statement Design |
|
RECOMMENDATION AND DECISION
|
12.2.1 Request for Tanker Jetty Timber Moved: Cr de Haas Seconded: Cr Flanagan Council Resolution 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. F8 - A0 |
26 October 2021 Page 103
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
Nil
RECOMMENDATION AND DECISION
|
12.2.2 Lot 12 Kirwan Road – Trees Officers 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.
MOTION Moved: Cr McMullen Seconded: Cr O’Donnell Council Resolution Lay this matter on the table until the November Ordinary Council Meeting to get further clarification. F8 - A0 |
Reason: Council wanted to lay this matter on the table to allow for further clarification on the possibility of insuring the asset.
26 October 2021 Page 106
12.3 Corporate & Community Services
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
Nil
RECOMMENDATION AND DECISION
|
Suspension of Standing Orders Moved: Cr Obourne Seconded: Cr McMullen
That Standing Orders be suspended to allow for the CEO to contact Shire President, Ian Mickel to ask for his nominations for the below committees. CARRIED F8 - A0 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Resumption of Standing Orders Moved: Cr McMullen Seconded: Cr Obourne
That Standing Orders be resumed. CARRIED F8 - A0 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
12.3.1 Audit Committee, Bush Fire Advisory Committee and Goldfields-Esperance Country Zone of WALGA and GVROC - Appointment of Members Moved: Cr McMullen Seconded: Cr Obourne Council Resolution That Council; 1. Adopt the Terms of Reference for the Audit and Bushfire Advisory Committees. 2. Appoint Elected Members to Committees as follows;
3. Appoint Mr Ken Mills as a Community Representative to the Audit Committee; and 4. Appoint the below Bush Fire Control and Fire Weather Officers for their Bush Fire Zone on the Bush Fire Advisory Committee;
4. F8 - A0 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Ms Gregory and Miss Reid left the Chamber at 4:49pm and did not return.
Mrs Phillips left the Chamber at 4:49pm.
Mrs Phillips returned to the Chamber at 4:51pm.
1.
Ordinary Council: Minutes
26 October 2021 Page 110
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 12 months.
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
Nil
RECOMMENDATION AND DECISION
|
12.3.2 Lease Agreement - Gibson Public Toilets - Willoranah Pty Ltd Moved: Cr Horan Seconded: Cr de Haas Council Resolution 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. F8 - A0 |
Ordinary Council: Minutes
26 October 2021 Page 113
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
|
a⇩. |
Lease Renewal Request - Regional Express Pty Ltd |
|
RECOMMENDATION AND DECISION
|
12.3.3 Lease - Regional Express Pty Ltd - Airport Check-in Desk and Office Moved: Cr Graham Seconded: Cr O’Donnell Council Resolution 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. F8 - A0 |
Ordinary Council: Minutes
26 October 2021 Page 118
Financial Services Report - September 2021
|
Author/s |
Beth O'Callaghan |
Manager Financial Services |
|
Authorisor/s |
Felicity Baxter |
Director Corporate & Community Services |
File Ref: D21/33725
|
a⇩. |
Financial Services Report - September 2021 |
|
RECOMMENDATION AND DECISION
|
12.3.4 Financial Services Report - September 2021 Moved: Cr Flanagan Seconded: Cr Obourne Council Resolution That Council receive the attached report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of September 2021. F8 - A0 |
26 October 2021 Page 168
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
|
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 |
|
RECOMMENDATION AND DECISION
|
12.3.5 Vacant Land for Sale by Tender Moved: Cr Obourne Seconded: Cr McMullen Council Resolution 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:
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). F8 - A0 |
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Ordinary Council: Minutes
26 October 2021 Page 177
Waiver of Civic Centre Fees - Funeral of Neville Mulgatt
|
Author/s |
Trevor Ayers |
Manager Community & Economic Development |
|
Authorisor/s |
Felicity Baxter |
Director Corporate & Community Services |
File Ref: D21/34571
Applicant
Internal Report
Location/Address
N/A
Executive Summary
A waiver of fees for Civic Centre Hire are sought for the funeral 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 funeral occurring on Monday the 18th 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
|
a⇩. |
EXE024 Civic Centre Fees |
|
RECOMMENDATION AND DECISION
|
12.3.6 Waiver of Civic Centre Fees - Funeral of Neville Mulgat Officers Recommendation That Council waive the Civic Centre Fees associated with the memorial service of Neville Mulgat.
AMENDMENT Moved: Cr Chambers Seconded: Cr Horan Council Resolution That Council; 1. Waive the Civic Centre Fees associated with the memorial service of Neville Mulgat. 2. Due to the extenuating circumstances being his connection to the Civic Centre and outstanding service to the Shire of Esperance. F8 - A0 |
Reason Council wanted to take into account the extenuating circumstances for the waiver of fees.
26 October 2021 Page 181
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
|
a⇩. |
Common Seal Register - July 2021 to September 2021 |
|
RECOMMENDATION AND DECISION
|
12.4.1 Common Seal Usage July 2021 to September 2021 Moved: Cr Horan Seconded: Cr Graham Council Resolution That Council receive the report titled The Shire of Esperance Common Seal Usage for the period of July 2021 to September 2021. F8 - A0 |
Ordinary Council: Minutes
26 October 2021 Page 185
Information Bulletin - September 2021
|
Author/s |
Sofie Hawke |
Trainee Administration Assistant - Executive Services |
|
Authorisor/s |
Shane Burge |
Chief Executive Officer |
File Ref: D21/33722
Applicant
Internal
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
|
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 |
|
RECOMMENDATION AND DECISION
|
12.4.2 Information Bulletin - September 2021 Moved: Cr de Haas Seconded: Cr Flanagan Council Resolution That Council accepts: 1. Information Bulletin - September 2021 2. Corporate Performance Report – September 2021 3. Delegations Discharge - Corporate Resources 4. Rates Comparison Report – 2021 5. WALGA Quarterly Overview Report 6. WALGA 2020/21 Annual Report F8 - A0 |
26 October 2021 Page 248
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
|
a⇩. |
Agenda Briefing Sessions & Ordinary Council
Meetings Dates |
|
RECOMMENDATION AND DECISION
|
12.4.3 Agenda Briefing and Ordinary Council Meeting Dates - 2022 Moved: Cr O’Donnell Seconded: Cr de Haas Council Resolution 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 Salmon Gums; and 4. Request the Chief Executive Officer to undertake all statutory advertising in this regard. F8 - A0 |
26 October 2021 Page 251
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
|
a⇩. |
Greater Sports Ground Redevelopment Masterplan |
|
RECOMMENDATION AND DECISION
|
13.1 Greater Sports Ground Redevelopment Masterplan 2021-2041 Moved: Cr Graham Seconded: Cr McMullen Council Resolution That Council endorse the attached Greater Sports Ground Redevelopment Masterplan 2021-2041. F8 - A0 |
Ordinary Council: Minutes
26 October 2021 Page 276
Minutes of Committees
|
Author/s |
Sofie Hawke |
Trainee Administration Assistant - Executive Services |
|
Authorisor/s |
Shane Burge |
Chief Executive Officer |
File Ref: D21/33723
|
a⇩. |
Bush Fire Advisory Committee - 14 September 2021 |
|
|
b⇩. |
Greater Sports Ground Redevelopment Committee - 23 September 2021 |
|
RECOMMENDATION AND DECISION
|
Moved: Cr McMullen Seconded: Cr Flanagan Council Resolution That Council accept the following unconfirmed minutes: 1. Greater Sports Ground Redevelopment Committee - 23 September 2021 2. Bush Fire Advisory Committee - 14 September 2021
F8 - A0
|
26 October 2021 Page 319
14. Motions of which Notice has been Given
Nil
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
1. Cr Dale Piercey – Questions Taken On Notice – September Ordinary Council Meeting
The following questions were provided in writing at the September Ordinary Council Meeting and a written response has been given to Cr Piercey. The questions were answered by the Chief Executive Officer.
Attachments
A Letter dated 06 September 2021
16. Urgent Business Approved by Decision
17. Matters behind Closed Doors
18. PUBLIC QUESTION TIME
Nil
19. CLOSURE
The President declared the meeting closed at 5:24pm.
These Minutes were confirmed at a meeting held on _____________________
Signed ________________________________________
Presiding Member at the meeting at which the Minutes were confirmed.
Dated_____________________
