Minutes of Ordinary Council - Tuesday, 25 October 2022

25 October 2022 Page 5

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
25 October 2022.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4.00pm and did an acknowledgement to country.

The Shire of Esperance acknowledges the Kepa Kurl Wudjari people of the Nyungar nation 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, and reminded them that the meeting is live streamed.

2. ATTENDANCE

Members

Cr I Mickel, AM JP President Rural Ward

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 W Graham Rural Ward

Cr R Horan Town 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 E Godwin Trainee Administration Officer

Members of the Public & Press

Mr A Passeck Observing

Dr K Nieukerke Item 7 and Item 18

Ms T Castledine Observing

Ms T Brown Observing

Mr T Smitheringale Observing

Ms T Ibrahim Observing

Mr M Heaseman Observing

Ms Claire Mitchell Observing

Ms Y Li Media – Esperance Weekender

Ms E Smith Media – ABC

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Nil

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr Obourne

Seconded: Cr O'Donnell

O1022-212

That Council accept the following leaves of absence:

Cr McMullen 15 and 16 November 2022

Cr O’Donnell 27 to 30 October 2022

Cr Graham 4 to 6 November 2022

CARRIED

F9 - A0

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Cr Mickel gave sincere thanks to Shire Staff for the Civic reception for Dr Walter Byrne. He also thanked the staff involved in the Esperance Ag Show, including rural construction, parks and gardens, and the people that prepared presentations, set up and cleaned up. The Ag Society asked Cr Mickel pass on their sincere thanks to the Shire staff for their assistance. Lastly, Cr Mickel thanked all of those involved in the Cemetery clean up on the weekend. He acknowledged the Rotary Club of Esperance Bay who provided a BBQ lunch.

Ms Mitchell entered the Chambers at 4:05pm.

6. DECLARATION OF MEMBERS INTERESTS

6.1 Declarations of Financial Interests – Local Government Act Section 5.60a

Cr de Haas declared a financial interest in item 12.4.2 as she owns a local business, Just One More Stitch.

Cr Chambers declared a financial interest in item 12.4.2 as he owns a local business, Pink Lake IGA.

Cr McMullen declared a financial interest in item 12.4.2 as he owns a business, Witches Brew Coffee, next to the proponent.

Cr Graham declared a financial interest in item 12.1.4 as he owns a holiday house in Esperance.

6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

Cr de Haas declared a proximity interest in item 12.1.1 as she owns property in Nulsen which is in, or adjacent to, one or more of the mapped areas referred to in the report.

Cr Graham declared a proximity interest in item 12.1.1 as he owns property which is in, or adjacent to, one or more of the mapped areas referred to in the report.

Cr Chambers declared a proximity interest in item 12.1.1 as he leases a property within one of the mapped areas within the report.

Cr Obourne declared a proximity interest in item 12.1.1 as she owns property in in one of the mapped areas referred to in the report.

Cr Flanagan declared a proximity interest in item 12.1.1 as he owns property which is adjacent to one or more of the mapped areas referred to in the report.

Cr Horan declared a Proximity Interest in item 12.1.1 as he owns land within one of the mapped areas.

Cr McMullen declared a Proximity interest in item 12.1.1 as he owns or leases property in the affected area.

Cr Chambers, Cr Graham and Cr Flanagan noted the authority/dispensation provided to them by the Department of Local Government, allowing them to participate in decision making for this item.

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Obourne declared an impartiality interest in item 12.1.1 as she attends a local church which falls under ‘Places of Worship’ and is therefore potentially affected by this item.

7. PUBLIC QUESTION TIME

1. Dr Kaj Nieukerke – Esperance waterfront Extension and Sand Backpassing

Dr Nieukerke asked what is the current estimate of the total capital cost and the annual operating cost for this project.

Mr Walker responded that we do not have the costs at hand. This is a concept design and not a proposal, therefore the cost implications will follow on in the process once council endorses this design.

Dr Nieukerke asked if there will be an opportunity for Councillors to view these costs and approve progress in the near future.

Mr Walker responded that some of the smaller items will come out of the maintenance funding and any large capital items will go through the Council budget process, where they can decide to allocate the money requested or not.

Dr Nieukerke asked about the area near the Tanker Jetty which has been flagged for use as a car park, more specifically, was there any budget allocation from the Jetty project to restore that area.

Cr Mickel answered that this particular area has been flagged for a long time as a possible car park for the Cannery Arts Centre and part of the process has been to allocate more parking on the foreshore.

Mr Walker responded that this area was previously a gravel car park for jet skis, which would not be favourable to restore back to.

Dr Nieukerek asked for clarification as wo when and how it was established that the Cannery needs another carpark and what alternative has been considered, noting the problems with pedestrians crossing Norseman road.

Cr Mickel responded that the car park would not be for the Cannery only – it would be a public car park for anyone who would like to use it. He noted that as part of the roundabout works there is now a protected area to assist people to cross the road safely, and a similar ‘island’ for pedestrians would be part of the pedestrian solution.

Mr Walker responded further that the jet ski launch area is also better suited to the Yacht Club area. One of the primary reasons for the car park is for people, including the elderly, to now have an area where they can enjoy the beach view from within their cars, which has been requested frequently from the public.

Dr Nieukerke noted the Special Council Meeting on the 11^th October and asked how the Shire is working to stop the loss of sand in the immediate future.

Mr Walker responded that the Waterfront Extension Plan does not impact the sand renourishment project and that the Shire is always looking for sand retainment solutions. Pumping or placing sand in those zones is an ongoing necessary but that finding ways to reduce the sand loss will help to get a better outcome, such a reef breaks.

Cr Mickel confirmed that the Shire is continually endeavouring to work on solutions for this problem, with a strong renourishment plan which extends over 40 years. Many solutions have been used over the years including rock walls and trucking sand, and this year we have moved less sand than previous.

Dr Nieukerke insisted on requiring more information about ‘stopping losing sand’ in the immediate future.

Cr Mickel responded that the sand renourishment project is a partnership with the State Government through the Department of Transport, meaning we need to seek the approval and advice of their officers for what is appropriate. They fund two thirds of the project approximately and as a result also have a role in the direction and resources in the project.

Dr Nieukerke re-asked his original question with focus on ‘stopping losing sand in the immediate future’ wanting further clarification on exactly what was meant by that statement.

Mr Walker apologised, should they be the exact words he said He noted that context here is important and that the intention of that statement would have been to indicate that the Shire always tries to reduce the ‘loss’ or migration of sand as, unfortunately, the Esperance bay has an annual nett loss of sand.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr de Haas

Seconded: Cr O'Donnell

O1022-213

That the Minutes of the Ordinary Council Meeting of the 27 September 2022 be confirmed as a true and correct record.

CARRIED

F9 - A0

Further Motion

Moved: Cr de Haas

Seconded: Cr Horan

O1022-214

That the Minutes of the Special Council Meeting of the 11 October 2022 be confirmed as a true and correct record.

CARRIED

F9 - A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Obourne

6 Sept Attended CEO Performance Review

3 Oct Community Committee Meeting for 2022/23 Volunteers Grant

3 Oct Attended WALGA LG Week Conference

4 Oct Attended WALGA LG Week Conference

13 Oct Attended Key to the Shire Civic Reception for Dr Wally Byrnes

15 Oct Represented the Shire at the Esperance Ag Show Shire Stall

25 Oct Site Visit re: Agenda Item

Cr Flanagan

Nil to report.

Cr O’Donnell

24 Sep Attended Esperance Wildflower Festival

2 Oct Attended the WALGA LG Week Conference

3 Oct Attended the WALGA LG Week Conference

4 Oct Attended the WALGA LG Week Conference

5 Oct Attended the Aboriginal Forum at Optus Stadium

10 Oct Provided Meals on Wheels service for Esperance Home Care

11 Oct Attended the Museum Morning Tea

15 Oct Assisted on the Shire Trade Booth at the Esperance Ag Show

15 Oct Assisted with the Judging of the Junior Horse riders and their Horse Fancy Dress Competition at the Esperance Ag Show

17 Oct Attended ESHS Upgrade Meeting

18 Oct Attended Esperance Community Art’s Discussion

22 Oct Participated in the Cemetery Busy Bee

Cr Graham

30 Sept Met with a group of farmers to discuss road verge clearing

2 Oct Attended the WALGA LG Week Conference

3 Oct Attended the WALGA LG Week Conference

4 Oct Attended the WALGA LG Week Conference

7 Oct Attended Library to receive Book Boys talking-Mental Health Week

11 Oct Attended Museum/FFi meeting /Civic Place consult

13 Oct Attended Key to the Shire Civic Reception for Dr Wally Byrnes

17 Oct Attended ESHS Upgrade Meeting

Cr de Haas

27 Sept Attended onsite visit for oversized shed

2 Oct Attended the WALGA LG Week Conference

3 Oct Attended the WALGA LG Week Conference

4 Oct Attended the WALGA LG Week Conference

5 Oct Attended Aboriginal Forum post WALGA Convention

11 Oct Attended Museum Morning Tea

Attended Tourism Sundowner - Yirri Grove

13 Oct Attended Key to the Shire Civic Reception for Dr Wally Byrne

14 Oct Represented the Shire at the Esperance Ag Show Shire Stall

17 Oct Attended ESHS Upgrade meeting

Cr Horan

13 Oct Attended Key to the Shire Civic Reception for Dr Wally Byrnes

14 Oct Represented the Shire at the Esperance Ag Show Shire Stall

15 Oct Attended Fijian Independence Day Celebration

17 Oct Attended ESHS Upgrade meeting

Cr McMullen

2 Oct Attended the WALGA LG Week Conference

3 Oct Attended the WALGA LG Week Conference

4 Oct Attended the WALGA LG Week Conference

13 Oct Attended Key to the Shire Civic Reception for Dr Wally Byrnes

Cr Chambers

2 Oct Attended the WALGA LG Week Conference

3 Oct Attended the WALGA LG Week Conference

4 Oct Attended the WALGA LG Week Conference

13 Oct Attended Key to the Shire Civic Reception for Dr Wally Byrnes

14 Oct Represented the Shire at the Esperance Ag Show Shire Stall

19 Oct Visit to Liquid Waste

Cr Mickel

29 Sept Attended the Police Remembrance Ceremony and laid a wreath on behalf of the Shire

30 Sept Met with a group of farmers to discuss road verge clearing

2 Oct Attended the WALGA LG Week Conference

3 Oct Attended the WALGA LG Week Conference

4 Oct Attended the WALGA LG Week Conference

13 Oct Met with Horizon Power officers to discuss Geospatial Intelligence Project

13 Oct Attended Key to the Shire Civic Reception for Dr Wally Byrnes

20 Oct Attended the RCWA meeting in Busselton

21 Oct Attended the RCWA meeting in Busselton

22 Oct Attended the Rotary Club of Esperance Dinner to provide a presentation to visitors from Rotary Club of Crawley

24 Oct Attended the Catholic Church Assembly and Mass to celebrate the 30th anniversary of their School and 40^th Anniversary of their Church building

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Local Planning Scheme No. 24 - Amendment No. 8

Author/s	Richard Hindley	Manager Building, Planning and Land Projects
Authorisor/s	Holly Phillips	Director External Services

File Ref: D22/26168

Cr de Haas, Cr Horan, Cr McMullen and Cr Obourne declared their interest and left the Chambers at 4:29pm.

Cr Graham, Cr Flanagan and Cr Chambers also declared their interest, but remained in the chambers in accordance with their dispensation.

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider draft Amendment No. 8 for approval subject to modifications as a result of the public exhibition that was undertaken.

Recommendation in Brief

That Council In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 8 with proposed modifications to address issues raised in the submissions.

Background

Amendment No. 8 was initiated by Council at its Ordinary Council Meeting on April 2022 (Resolution O0422-083). The amendment is now returned to Council for consideration following public advertising in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

Officer’s Comment

In accordance with Planning and Development (Local Planning Schemes) Regulations 2015, Local Planning Scheme No. 24 (LPS 24) Amendment No. 8 (Attachment A) was referred to the Environmental Protection Authority (EPA) for a determination to be made under Section 48A of the Environmental Protection Act 1986.

On 6 July 2022, the EPA advised the Shire that after consideration of the LPS 24 Amendment No. 8 documentation, the proposed Scheme Amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986.

The EPA provided advice on the Scheme Amendment which was assessed by officers, with no changes supported by officers as a result of these considerations (outlined in the Attachment E).

A total of seventeen (17) submissions were received at the close of the public advertising period (Attachment B). All submissions received have been addressed in the Schedule of Submissions (Attachment C) with several modifications proposed to the Scheme Amendment as a result of the submissions.

The current status and process of the Scheme Amendment is outlined in Attachment D.

Consultation

Upon receiving the advice from the EPA, LPS 24 Amendment No. 8 was advertised for public comment in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

The advertising commenced on 15 July 2022 and closed on 2 September 2022, being a period of 49 days.

Advertising consisted of:

· An advertising notice in the Esperance Weekender on 15 July 2022;

· Notices on the Shire’s public information boards;

· Availability of Amendment documentation on the Shire’s website; and

· Referral letters to government departments and servicing agencies.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 24

Policy Implications

Local Planning Strategy

Government Sewerage Policy

Strategic Implications

Council Plan 2022 – 2032

Place - Outcome 7. Responsible planning and development

Objective 7.1. Enable access to land and development opportunities to meet local needs.

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a .	Local Planning Scheme No. 24 Amendment No. 8 - Under Separate Cover
b .	Submissions on LPS 24 Amendment No. 8 - Under Separate Cover
c ⇩.	Schedule of Submissions
d ⇩.	Scheme Amendment Flow Chart
e ⇩.	EPA Advice on Amendment 8 and Shire Response

RECOMMENDATION AND DECISION

12.1.1 Local Planning Scheme No. 24 - Amendment No. 8

Moved: Cr Flanagan

Seconded: Cr O'Donnell

O1022-215

Council Resolution

That Council in accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 8 with the proposed modifications to address issues raised in the submissions:

1. Amending Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use with the following:

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A27

Lot 2 William Street, Esperance

Rural Residential

As a ‘D’ use:

· Medical Centre

1. Setbacks will be –

(a) Side setback of 0 metres to one side;

(b) Rear setback of 0 metres, and

(c) Front setback of 0 metres.

2. Parking is to be provided at a ratio of 1.5 bays per practitioner rounded up.

2. Amend Schedule 1 Clause 4 by deleting subclause (e) and renumbering the clause accordingly.

3. Amend Schedule 1 by inserting a new clause after Clause 4 and renumber all clauses and references as a result of the insertion of:

4. Water for firefighting. A permanent water supply of no less than 10,000 litres is to be maintained for bush firefighting purposes, with a 2 inch camlock connection, outside of urban areas. This water supply is in addition to the requirements under clause 20 of Schedule 1.

5. Amending A23 in Schedule 3 by adding Restaurant/Café, Reception Centre and Educational Establishment as a ‘D’ use.

6. Amending Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use with the following:

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A28

Lots 145 – 148 Phyllis Street, Lots 239 – 242 Daphne Street, Castletown

Residential

As a ‘D’ use:

· Holiday Accommodation

· Holiday house

· Serviced apartment

· Tourist Development

1. The residential density may be increased from R40 to R50 for residential development and from R40 to R60 for tourism development subject to –

(a) a minimum lot size of 2000m²;

(b) Existing and proposed dwellings shall be connected to reticulated sewerage system, prior to occupation of new development.

2. Development is subject to the controls of the Tourism zone.’

7. Amending the Scheme Map by applying the ‘R40’ density to Lots 145 – 148 Phyllis Street, Lots 239 – 242 Daphne Street.

8. Amending Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use with the following:

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A29

Lot 165 (23) Norseman Road,

Castletown

Light Industry

As a ‘D’ use:

· Office

As determined by the local government

9. Amending the Scheme by inserting a new point (i) to Clause 17(a) within Schedule 1 as follows:

‘(i) Suitable provision for an adequate onsite effluent disposal area is to be accommodated where development is not connected to a reticulated sewerage system. For on-site wastewater disposal systems to be approved, the site capability needs to be demonstrated to comply with the State policy governing the provision of sewerage infrastructure and on-site sewage disposal as it relates to land use planning for Sewage Sensitive Areas or Public Drinking Water Source Protection Areas, via a winter 'site-and-soil evaluation' (SSE) in accordance with Australian Standard 1547 (AS/NZS 1547).’

10. Amending the Scheme Map by rezoning Lot 104 Rowse Street from ‘Residential R40’ to ‘Tourism’.

11. Amending A17 in Schedule 3 by including Lot 104 Rowse Street, inserting ‘Workforce accommodation’ in the Additional Use column as a ‘D’ use, Amend the Conditions for A17 in Schedule 3 by replacing ‘R40’ in condition 1 with ‘R60’ and amending the scheme map accordingly.

12. Amending the Scheme by rezoning Lot 12 Coolgardie-Esperance Highway, Myrup from ‘Rural’ to ‘Rural Smallholdings’ and amend Schedule 9 by adding ‘Lot 12, ’ before ‘Lot 586’ in RS3 and amending the scheme map accordingly.

13. Amending the Scheme Map by modifying ‘SCA3A’ over Lot 12 Coolgardie-Esperance Highway, Myrup to ‘SCA3B

14. Amending Table No. 2 Specified additional uses for land in local reserve in Scheme Area and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use with the following:

No.

Location

Additional Use

Development Standards/Conditions

AR10

Portion of Reserve 28099

Caravan Park

1. As determined by the local government

2. Within the designated lease area only

3. The use is limited to Camping shall only occur in conjunction with and incidental to the usage of the site

4. The term of camping is limited to no more than 3 nights in any period of 28 consecutive days

15. Amending Schedule 1 by deleting Clause 17.(b) as contained in the amendment and renumber the clause accordingly,

16. Amending Schedule 1 Clause 17 by adding before Schedule 1 Clause 17 (c)(ii) ‘Sewerage Sensitive Area – 1.5 metres; and’ and deleted ‘and’ at the end of Schedule 1 Clause 17 (c)(i) as contained in the amendment.

17. Amending Schedule Schedule 2 Clause 4.(c) by deleting ‘(aa)’ as contained in the amendment.

18. Amending Schedule 6 by inserting ‘ (iii)’ after 2000(i) in the Minimum Lot Areas Sq. m for Rural Townsite and add a new point below point (ii) as contained in the amendment as follows:

‘(iii) Where a lot is connected to a reticulated sewerage system or an approved package wastewater treatment system with an approval from the Department of Health the R20 density will apply. The R20 density is only available outside of SCA4 other than when in accordance with WQPN 25 - Land use compatibility tables for public drinking water source areas and in accordance with the State policy governing the provision of sewerage infrastructure and on-site sewerage disposal as it relates to land use planning for Sewage Sensitive Areas.’

19. Amending the Scheme by deleting ‘or Rural Townsite’ from Schedule 2 Clause (e)(i).

20. Amending the Scheme by inserting two new subclause after (i) and renumbering the clause accordingly as follows:

‘(ii) Where subdivision of land zoned Rural Townsite is proposed within Special Control Area 4, the minimum lot sizes for shall be as follows:

Priority Area 1 - No Permitted Subdivision

Priority Area 2 - 2 Hectares

Priority Area 3 - 1 Hectare

(iii) Where a lot is connected to a reticulated sewerage system or an approved package wastewater treatment system with an approval from the Department of Health the R20 density will apply. The R20 density is only available outside of SCA4 other than when in accordance with WQPN 25 - Land use compatibility tables for public drinking water source areas and in accordance with the State policy governing the provision of sewerage infrastructure and on-site sewerage disposal as it relates to land use planning for Sewage Sensitive Areas.’

CARRIED

F5 - A0

Cr de Haas, Cr Horan, Cr McMullen and Cr Obourne returned to the Chambers at 4:35pm.

Mr Smitheringale and Ms Brown left the Chambers at 4:35pm and did not return.

Ordinary Council: Minutes

25 October 2022 Page 50

Item: 12.1.3

Proposed Local Planning Policy - Chalet Development Outside of Townsites

Author/s	Richard Hindley	Manager Building, Planning and Land Projects
Authorisor/s	Holly Phillips	Director External Services

File Ref: D22/28672

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider preparing the proposed Local Planning Policy – Chalet Development Outside of Townsites.

Recommendation in Brief

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 the Local Planning Policy – Chalet Development Outside of Townsites as contained in Attachment A.

Background

The draft Local Planning Policy – Chalet Development Outside of Townsites has been prepared to fulfil the following objectives:

1. Guide development of, and provide opportunities for, chalet development in the ‘Rural’ zone to ensure it does not adversely impact on the rural character or amenity of the locality or that of surrounding landowners;

2. Facilitate a range of safe and secure short stay accommodation services within the rural areas;

3. Provide a balance between any existing land uses, long-term rural pursuits and chalet development, ensuring that the chalet development enterprises do not dominate and detrimentally impact rural land;

4. Ensure chalet development does not detrimentally impact upon the usability of rural land for rural uses;

5. Ensure chalet development does not detrimentally impact upon the environment;

6. Protect the existing rural character and streetscape of rural areas; and

7. Provide safe, secure and healthy accommodation environments within the Shire.

Officer’s Comment

The draft Local Planning Policy – Chalet Development Outside of Townsites is presented to Council for the purpose of seeking public comment as per Clause 4.(1) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

Clause 4.(1) of the Deemed Provisions requires the local government to resolve to prepare a local planning policy before it can be advertised.

Consultation

The draft Local Planning Policy was developed in consultation with the Shire’s Manager Economic Development and Australia’s Golden Outback’s Tourism Development Manager through the Esperance Tourism Development Manager.

As this policy is being prepared under Clause 4.(1) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 it will need to be advertised not less than 21 days.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Clauses 3(5) 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

Council Plan 2022 - 2032

Prosperity - Outcome 13. A vibrant and welcoming tourism destination

Objective 13.2. Improve tourism infrastructure, services and experiences.

Environmental Considerations

Nil

Attachments

a ⇩.

Draft Local Planning Policy - Chalet Development Outside of Townsites

RECOMMENDATION AND DECISION

12.1.3 Proposed Local Planning Policy - Chalet Development Outside of Townsites

Moved: Cr McMullen

Seconded: Cr de Haas

O1022-217

Council Resolution

CARRIED

F9 - A0

Ordinary Council: Minutes

25 October 2022 Page 58

Item: 12.1.4

Development Application - Change of Use - Dwelling to Holiday House - Lot 1002 (24) Watson Street, West Beach

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Building, Planning and Land Projects
	Holly Phillips	Director External Services

File Ref: D22/28855

Cr Graham declared his interest and left the Chambers at 4:39pm.

Applicant

W & B J McLaren

Location/Address

Lot 1002 (24) Watson Street, West Beach.

Executive Summary

That Council consider Development Application 10.2022.5071.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 1002 (24) Watson Street, West Beach.

Recommendation in Brief

That Council approve Development Application 10.2022.5071.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 1002 (24) Watson Street, West Beach subject to conditions.

Background

Planning Services received a Development Application for a Change of Use of the existing Dwelling to a Holiday House at Lot 1002 (24) Watson Street, West Beach on 16 August 2022.

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 both adjoining landowners would be impacted by the proposal and should be notified.

Advertising was undertaken between 22 August 2022 and 12 September 2022 with one (1) objection being received.

Officer’s Comment

Lot 1002 (24) Watson Street, West Beach is zoned Residential R12.5 with a lot size of 658m² and is affected by Special Control Area 1 – Port and Transport Corridor. It is not in a declared bushfire prone area.

Holiday House means a Single Dwelling on one (1) lot used to provide short term accommodation but does not include a bed and breakfast. Short term accommodation means temporary accommodation either provided 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.

Officers consider 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.

It is recommended the proposal be approved with both the Holiday House and Single Dwelling land uses applying to the property to allow flexibility of use. 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 allows for the landowner to switch between using the property as a Single Dwelling and Holiday House as required.

The objection received to the application is on the following grounds:

*Objection:*	*Planning Comment:*
Our property has been considerably affected by the new road and bridge in our front yard.	This is not relevant to the application from an adjoining property to operate a holiday house.
Access to our property has been considerably altered. All vistas from both stories of our house have been eliminated.	This is not relevant to the application from an adjoining property to operate a holiday house. There is no property of views or vistas under Western Australian planning legislation.
Our concerns are that it is a three house “Street”, of which only ours is permanently occupied, tenanted.	Noted. While unusual, there is nothing that prevents this.
Access to the properties is quite limited from town and we believe could very likely create congestion in the “street”.	The property is serviced by a narrow street. However, the required parking for the use is provided on the site.
The properties are also quite isolated in the regards any complaints to authorities if necessary.	There is nothing that prevents emergency vehicles or inspection of the site by appropriate authorities.

Consultation

Advertising was undertaken between 22 August 2022 and 12 September 2022.

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

Council Plan 2022 - 2032

Place - Outcome 7. Responsible planning and development

Objective 7.1. Enable access to land and development opportunities to meet local needs.

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.	Property Management Plan
b ⇩.	Letter for Consideration
c ⇩.	Plans
d ⇩.	Objection

RECOMMENDATION AND DECISION

12.1.4 Development Application - Change of Use - Dwelling to Holiday House - Lot 1002 (24) Watson Street, West Beach

Moved: Cr O'Donnell

Seconded: Cr Obourne

O1022-218

Council Resolution

That Council approve Development Application 10.2022.5071.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 1002 (24) Watson 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 Holiday House must not display a sign exceeding 0.2 square metres in area.

3. 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.

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

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

6. The 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.

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

8. 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.

9. 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.

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

11. A Section 70A Notification under the Transfer of Land Act 1893 (as amended) must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and successors in title that:

The subject land occasionally experiences considerable problems with nuisance and disease carrying mosquitoes. These mosquitoes are known carriers of Ross River (RRV) and Barmah Forest (BFV) viruses. Human cases of RRV and BFV diseases occur in some years in this general locality.

The Section 70A Notification is to be registered on the Certificate of Title with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense.

12. The approval granted will be limited to a period of one year renewable by way of a further application lodged before the expiration of that period.

13. The renewal of a holiday house will not require advertising in accordance with clause 64 of the deemed provisions.

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 and the lack of boundary fencing, use of the property as a ‘petsit’ or animal inclusive holiday house is not recommended.

7. Ensure Existing Stair Construction is safe and complies with NCC 2019 Volume Two - Part 3.9.1.

8. Ensure Existing Barriers & Handrails are safe and comply with NCC 2019 Volume Two - Part 3.9.2.

9. Ensure a window opening is provided with protection if the floor below the window in a bedroom is 2 m or more above the surface beneath in accordance with NCC 2019 Volume Two - Part 3.9.2.6.

10. Ensure a window opening is provided with protection if the floor below the window in a room other than a bedroom is 4 m or more above the surface beneath in accordance with NCC 2019 Volume Two - Part 3.9.2.7.

CARRIED

F8 - A0

Ms Smith entered the Chambers at 4:39pm.

Ms Smith left the Chambers at 4:40pm.

Cr Graham returned to the Chambers at 4:47pm.

PDF Creator

Ordinary Council: Minutes

25 October 2022 Page 68

Item: 12.1.5

Development Application - Oversized Outbuilding (Shed) - Lot 92 (1) Tupper Street, Esperance

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Building, Planning and Land Projects
	Holly Phillips	Director External Services

File Ref: D22/28950

Applicant

A D & E Passeck

Location/Address

Lot 92 (1) Tupper Street, Esperance

Executive Summary

For Council to consider Development Application 10.2021.4727.2 for an Oversized Outbuilding (Shed) at Lot 92 (1) Tupper Street, Esperance.

Recommendation in Brief

That Council approve Development Application 10.2021.4727.2 for an Oversized Outbuilding (Shed) at Lot 92 (1) Tupper Street, Esperance subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed) at Lot 92 (1) Tupper Street, Esperance was received by Planning Services on 6 July 2021. The application was subsequently approved by Council at the Ordinary Council Meeting held on 27 July 2021.

The applicant has since determined the need for a larger outbuilding to accommodate storage of a boat. On 5 October 2022 the applicant submitted for an amendment, seeking an increased wall and ridge height, to the previous Council consent (being, DA10.2021.4727.1).

A non-objection from one (1) of the immediately adjoining landowners was provided by the applicant with the application. The other immediately adjoining landowner provided a non-objection by phone, and later email, on 6 October 2022.

Lot 92 (1) Tupper Street, Esperance is zoned ‘Residential’ R30 and has an area of 1012m². In accordance with the provisions of Council’s Local Planning Policy: Outbuildings, the proposed outbuilding requires referral to Council for determination, with the policy stating:

Outbuildings in Residential and Future Residential Zones

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

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 considered 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 landowners.

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

The amended proposal exceeds the maximum wall and ridge height for Outbuildings in the Residential zone. In the Residential zone a maximum wall height of 3.6m and maximum ridge height of 4.2m applies. A 10% variation is also available subject to advertising.

The previous approval granted permission for a wall height of 4.0m and a ridge height of 5.2m. However, the required amendments have increased to a wall height of 4.35m and a ridge height of 5.8m. The proposed site area is as per the previous Council consent.

Officer’s Comment

The proposed Outbuilding exceeds both the maximum wall, and ridge heights of 3.6m and 4.2m respectively. The permitted wall and ridge heights of an Outbuilding in the Residential zone, allowing the 10% variation criteria, is a wall height of 3.96m, and a ridge height of 4.62m.

The previous approval was for a wall height of 4.0m and a ridge height of 5.2m. However, the required amendments have increased to a wall height of 4.35m and a ridge height of 5.8m.

Officers recommend approval of the proposed Outbuilding 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 lowest point of the property, with the narrow side facing the street. Additionally, the adjoining property along Jane Street features a building of similar dimensions helping to conceal the true scale of the proposed Outbuilding.

The applicant’s desire to store a large boat in the Outbuilding is considered acceptable.

Consultation

Both immediately adjoining landowners provided non-objections to the proposal.

Financial Implications

A minor amendment application fee of $125.00 was received as part of this application.

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 24

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

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

Council Plan 2022 - 2032

Place - Outcome 7. Responsible planning and development

Objective 7.1. Enable access to land and development opportunities to meet local needs.

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

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

RECOMMENDATION AND DECISION

12.1.5 Development Application - Oversized Outbuilding (Shed) - Lot 92 (1) Tupper Street, Esperance

Moved: Cr McMullen

Seconded: Cr Flanagan

O1022-219

Council Resolution

That Council approve Development Application 10.2021.4727.2 for an Oversized Outbuilding (Shed) at Lot 92 (1) Tupper Street, Esperance, subject to the following conditions:

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

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

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

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

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

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

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

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

AND the following advice notes:

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

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

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

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

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

CARRIED

F9 - A0

Ordinary Council: Minutes

25 October 2022 Page 80

Item: 12.1.6

IGO Recovery Funding Request - Esperance Aged Care Facility

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

File Ref: D22/29014

Applicant

Esperance Aged Care Facility

Location/Address

17 Eyre Street, Esperance

Executive Summary

For Council to consider allocating funding from the IGO COVID Recovery Fund (the Fund) to the Esperance Aged Care Facility (EACF) to support contract service provision for volunteer coordination at EACF.

Recommendation in Brief

That Council approve a payment of $30,009 (GST excl) to EACF from the Fund to support contract service provision for volunteer coordination.

Further, that Council note the allocations from the Fund have been fully expended, and request the CEO write to all past recipients of the Fund requesting information on the benefit of their initiatives to the Esperance community.

Background

In 2020, IGO Mining provided $150,000 in funding to assist the community with recovery initiatives addressing the impacts of the COVID pandemic.

To date, $119,991 from the Fund has been allocated to various groups to provide for a number of diverse and inclusive activities and initiatives. However, during the past 12 months there has been limited demand from the community to utilise these funds.

The Fund has been readvertised on Shire platforms on various occasions between 25 May and 21 September 2022.

On 11 October 2022, the Shire received an application from EACF to support contract service provision for volunteer coordination at EACF.

Officer’s Comment

The aged care industry was greatly impacted by safety restrictions imposed by both State and Federal Governments in relation to the pandemic. In particular, many volunteer programs within the sector were disbanded to protect highly vulnerable residents of aged care facilities from the virus.

EACF has experienced workforce shortages during the pandemic, requiring a reduction in its services. The organisation is working to address these constraints through various measures including the appointment of senior staff members and the development of a Recruitment and Retention Strategy.

While staffing is a priority, volunteer support is also important factor with the aged care operations. EACF has made efforts to reengage with volunteers via two (2) public meetings this year. However, they have been unsuccessful in reinstating the programs that were in place pre-COVID.

EACF has met with the Esperance Volunteer Resource Centre on a number of occasions to consider various ways to recruit and effectively manage volunteers. Volunteer recruitment and management is problematic without the aid of a Volunteer Coordinator. EACF recognise the need for a paid position within their organisation but do not have the funding in the current budget to fill such a role.

As a rule, funding does not cover wages, and this allocation would not be able to provide for a paid position at EACF. Allocating these funds to EACF, would provide support to establish some volunteer processes that can be utilised by existing staff to commence the volunteer programs until such time a designated Volunteer Coordinator role can be included in the EACF workforce.

EACF has received funds from the Fund on two separate occasions, being;

· Nov 2020 – Funding approved for a Sara Stedy Hoist totalling $2,190 (paid Sept 2022); and

· May 2022 – Funding approved for Wing Upgrades totalling $27,000 (paid Sept 2022).

While EACF has already received funding, they were the only application received and the application is consistent with the intention of the Fund. In the event Council supports the request, officers recommend funding is made conditional to confirmation of the successful execution of the EACF projects previously supported by the Fund.

In addition to this, it is recommended the CEO write to all past recipients of the Fund requesting information on the benefit of their initiatives to the Esperance community.

Consultation

Esperance Aged Care Facility

Esperance Volunteer Resource Centre

Financial Implications

There is a slight discrepancy in the amount of funding requested by EACF and amount provided for in the resolution, which comprises the remaining balance of the Fund totalling $30,009 (GST excl). No other applications have been received.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

People - Outcome 2. A healthy and active community

Objective 2.4. Grow community capacity by supporting community groups and volunteers.

Environmental Considerations

Nil

Attachments

a ⇩.	Letter - Esperance Aged Care Facility
b ⇩.	EACF Volunteer Coordinator Letter

RECOMMENDATION AND DECISION

12.1.6 IGO Recovery Funding Request - Esperance Aged Care Facility

MOTION

Moved: Cr Obourne

Seconded: Cr de Haas

That Council;

1. Approve a payment of $30,009 (GST excl) to Esperance Aged Care Facility from the IGO COVID Recovery Fund (the Fund) to support contract service provision for volunteer coordination, subject to the successful completion of their previous grant-funded projects;

2. Note the allocations from the Fund have now been fully expended; and

3. Request the CEO write to all past recipients of the Fund requesting information on the benefit of their initiatives to the Esperance community.

AMENDMENT

Moved: Cr Chambers

Seconded: Cr Horan

That Council;

2. Note the allocations from the Fund have now been fully expended; and

3. Request the CEO write to all past recipients of the Fund requesting information on the benefit of their initiatives to the Esperance community.

4. Request that the CEO follow up with the Esperance Aged Care Facility after a period of 12 months in order to report on the success of the funding.

CARRIED

F9 – A0

The amendment became the substantive motion.

O1022-220

Council Resolution

That Council;

2. Note the allocations from the Fund have now been fully expended; and

3. Request the CEO write to all past recipients of the Fund requesting information on the benefit of their initiatives to the Esperance community.

4. Request that the CEO follow up with the Esperance Aged Care Facility after a period of 12 months in order to report on the success of the funding.

CARRIED

F9 - A0

Reason: Council wanted to understand how the money was spend and be able to report this back to IGO, along with the information requested from other funds recipients.

Ms Castledine left the Chambers at 4:57pm and did not return.

PDF Creator

Ordinary Council: Minutes

25 October 2022 Page 89

12.2 Asset Management

Item: 12.2.1

Esperance Waterfront Extension - Landscape Concept Plan

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

File Ref: D22/28624

Applicant

Internal

Location/Address

Esperance Waterfront Extension from the Jetty Headland to Corner of Norseman Road and Goldfields Road.

Executive Summary

For Council to consider the Esperance Waterfront Extension Landscaping Concept Plan.

Recommendation in Brief

That Council endorse the Esperance Waterfront Extension – Landscaping Concept Plan and accompanying Staging Plan.

Background

The Esperance Waterfront project was completed in 2014, with the project extending to just part the Jetty Headland, past this point remained untouched, with the Jet Ski carpark remaining as is. As part of the Jetty replacement project the Jet Ski carpark area was turned into a laydown yard and site office, since this time the area has remained as a gravel area with all other infrastructure removed. As part of the 2021-22 annual budget, Council allowed funding to provide a landscape concept plan for the Esperance Waterfront Extension from Jetty Headland to Corner of Norseman Road and Goldfields Road.

The Shire engaged See Design Studio to undertake the landscape concept plan, with Eion Gladish being the lead landscape architect involved with the Esperance Waterfront project. The scope of works included:

· The selection of planting will follow the species list from the original waterfront project

· Focus on low maintenance landscaping, coastal natives

· Consider the appropriate planting to tolerate the wind exposure.

· Retention of Norfolk Pines.

· Avoid turf

· Consider the Jet Ski launch area

· Avoid reticulation through the area if possible.

· Rock armour to be installed to protect infrastructure.

The draft Esperance Waterfront Extension – Landscaping Concept Plan was provided to the Streetscape Working Group for comment, with feedback incorporated into the final concept.

The final Esperance Waterfront Extension – Landscaping Concept Plan is included in the attachments. Following a briefing with Council Shire officers have also created a staging plan on delivering the project

Officer’s Comment

The Esperance Waterfront Extension – Landscaping Concept Plan provides a development plan for the undeveloped area from the Jetty Headland to Corner of Norseman Road and Goldfields Road that the Shire can follow. Key points from the Landscaping Concept Plan are:

· Inclusion of a sealed carpark that will overlook the ocean and provide overflow parking space for the Cannery Arts Centre.

· Not retaining the Jet Ski Launch area as it is considered it is more appropriate to launch Jet Ski’s from the yacht club beach and the constant maintain of a sand launch ramp is cost prohibitive.

· Providing a rock armour backstop to protect any hard infrastructure installed.

· Rehabilitating the existing dune to reduce weed species.

· Upgrading the shared path through the site and providing pedestrians right of way across the carpark entry

· Landscaping around the Norfolk Pine trees

Following the briefing with Council, a staging plan is now provided in the attachments, to guide the implementation of Landscape Concept Plan and is broken into 5 stages with the latter 3 stages likely take 5-10 years to complete. The stages are:

· Stage 1 – Soft Landscaping

· Stage 2 – Shared Path

· Stage 3 – Rock Armour

· Stage 4 – Southern Dune Planting

· Stage 5 – Car Park

Consultation

Streetscape Working Group

Council Briefing on the 19^th July 2022

Financial Implications

The financial implications in implementing the Esperance Waterfront Extension Landscaping Concept Plan will be incorporated into existing maintenance programs and future capital budget programs, with the possibility of grant funding that may become available.

Asset Management Implications

The asset management implication will be further refined as part of the implementation of the

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Place - Outcome 9. Attractive and welcoming places

Objective 9.1. Develop an attractive and welcoming town centre.

Priority Project 9.1.1. Provide attractive and welcoming entrances into Esperance.

Environmental Considerations

Nil

Attachments

a ⇩.	Esperance Waterfront Extension - Landscape Concept Plan
b ⇩.	Esperance Waterfront Extension - Landscape Concept Plan - Staging Plan

RECOMMENDATION AND DECISION

12.2.1 Esperance Waterfront Extension - Landscape Concept Plan

Moved: Cr Horan

Seconded: Cr Chambers

O1022-222

Council Resolution

That Council endorse the Esperance Waterfront Extension – Landscaping Concept plan and accompanying Staging Plan.

CARRIED

F9 - A0

Mr Passeck left the Chambers at 5:02pm and did not return.

Ordinary Council: Minutes

25 October 2022 Page 109

12.3 Corporate & Community Services

Item: 12.3.1

2023 Local Government Election Reforms

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

File Ref: D22/28799

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider changes to the Shire of Esperance’s local government elections following recent advice from the Department of Local Government, Sport and Cultural Industries.

Recommendation in Brief

That Council;

1. Advise the Department of Local Government, Sport and Cultural Industries of its intention to undertake a voluntary process to address the local government election reforms;

2. Change the method of electing Shire President to a vote by electors of the district, under s.2.11(2); and

3. Initiate a ward and representation review to determine changes to the structure of the Council for the 2023 local government elections.

Background

Correspondence has recently been received from the Minister for Local Government’s Office advising of upcoming reforms to local government elections, which are to be implemented at the 2023 elections.

These reforms may require Local Governments to implement changes such as;

· Reducing the number of elected members on council in accordance with population thresholds;

· Changing from a council elected president to a directly elected president (band 1 and 2 local governments);

· Abolishing Wards (band 3 and 4 local governments); or

· Preferential voting.

The Minister’s Office has advised that there are two options available for Local Governments to implement the necessary changes, as follows:

1. Voluntary pathway

- Advise the Department of Local Government, Sport and Cultural Industries of our intention to undertake a voluntary process

- Pass resolution to change method of electing the President to a vote by electors

- Initiate ward and representation review

2. Reform pathway

- Amendment Act will provide for changes to be implemented at the 2023 election.

- All councillor positions become vacant and all wards are abolished at the 2023 election.

- Elections would then be held to fill all positions (8 x Councillor and 1 x President).

- New Council could then decide if they wished for wards to be re-established, through a ward and representation review.

Officer’s Comment

The Shire of Esperance’s most recent ward and representation review was undertaken in 2020/21, with changes being implemented at the 2021 local government elections. As part of this review, Council determined their preference was to retain the Town and Rural Wards.

Should Council choose to follow the reform election pathway, all required changes will automatically come into effect at the 2023 election.

This election would then be for a full spill of council, with eight Councillor positions and one President position being vacant. This process would also result in our current wards being abolished.

Following the 2023 election, if Council decided to re-establish wards we would then be required to undertake a ward and representation review. The wards would then be re-established at the next election in 2025.

It is recommended that Council endorse the voluntary pathway to implement the election reforms, as this will be the most streamlined way to finalise the changes, and will allow the current ward structure to be retained. This process will not require a full spill of Councillors, with those Councillors whose terms expire in 2025 remaining in place.

Suggested timeframes for this process are provided within the correspondence from the Minister’s Office, as follows:

Actions	Due Date
Council resolves to undertake a ward and representation review Develop comprehensive discussion paper	28 October 2022
Completion of six-week consultation period	December 2022
Draft review report is prepared, considered and adopted by Council	December 2022 – January 2023
Formal review report submitted to the Advisory Board	14 February 2023

Council is required to provide notification to the Department of Local Government, Sport and Cultural Industries of the reform pathway we choose to take before 28 October 2022.

Alternate Resolution

That Council advise the Department of Local Government, Sport and Cultural Industries of its intention to follow the reform election pathway to address the local government election reforms.

Consultation

Department of Local Government, Sporting and Cultural Industries

Executive Management Team

Financial Implications

Advertising requirements as applicable

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

Performance - Outcome 14. Community confidence and trust in Council

Objective 14.1. Provide transparent, accountable and effective leadership.

Environmental Considerations

Nil

Attachments

a ⇩.

Minister's Notification for Election Reforms

RECOMMENDATION AND DECISION

12.3.1 2023 Local Government Election Reforms

Moved: Cr Obourne

Seconded: Cr O'Donnell

O1022-223

Council Resolution

That Council;

1. Advise the Department of Local Government, Sport and Cultural Industries of its intention to undertake a voluntary process to address the local government election reforms;

2. Change the method of electing the Shire President to a vote by electors of the district, under s.2.11(2) of the Local Government Act 1995; and

3. Initiate a Ward and Representation Review to determine changes to the structure of the Council for the 2023 local government elections.

CARRIED

F9 - A0

Ordinary Council: Minutes

25 October 2022 Page 232

Item: 12.4.2

Request Short Term Adjustment to Retail Trading Hours

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D22/29095

Cr Graham, Cr de Haas and Cr McMullen declared their interest and left the Chambers at 5:12pm.

Applicant

Woolworths

Location/Address

N/A

Executive Summary

A request for additional trading hours over the Christmas / New Year Period has been received from the Woolworths Group.

Recommendation in Brief

That Council

1. Endorse the following changes to retail trading hours in the Shire of Esperance with the addition of the following days (between 10am and 5pm):

· Sunday 4 December 2022

· Sunday 11December 2022

· Sunday 18 December 2022

· Tuesday 27 December 2022

· Monday 2 January 2023

2. Request the CEO to make application to the Department of Commerce for the proposed changes to apply to the entirety of the Esperance Shire; and

3. Request the CEO to investigate the desire within the Esperance community for a permanent change to the existing Retail Trading Hours in December, January and over the Easter period.

Background

An application has been received by Woolworths for several additional trading days in December 2022 and early January 2023 (see Attachment A), with support for the majority of the additional days confirmed by the Esperance Chamber of Commerce and Industry (see Attachment B). Please note that there is an error in the Woolworths letter with the first Sunday they have requested a change for being Sunday 4 December (there letter requests Sunday 1 December, which is actually a Thursday).

Christmas Trading Hours in Esperance were permanently changed to the current extended days and hours in 2014 (see attachment C for the gazettal of this change). This was done through extensive consultation within our local community. At the time there was no appetite for any additional hours or days following Christmas.

With the increase in tourist number in recent years similar applications have been received in the past two years which have supported by the ECCI, Council and approved by the Minister.

Officer’s Comment

The request for additional hours by Woolworths Supermarkets is considered reasonable due the ongoing increase in the number of visitor to town. In addition, support has been received from the Esperance Chamber of Commerce and Industry for all days except Boxing Day, with Chamber support a required element of any application. The changes to Sundays in December effectively only increases trading hours from 4pm to 5pm while the two days after Christmas will enable trading on public Holidays that currently have no trading hours approved.

The recommendation proposes that any trading extension is applicable to the entirety of the Shire rather than just Woolworths (as per the application received) to ensure all businesses in town are on a level playing field. It is important to note that an extension to retail trading hours provides an opportunity for traders to open for the additional period, not a requirement that they do so.

The majority of retailers in town do currently have the capacity to receive an exemption to open at any time, provided they meet the Department of Commerce’s definition of a small retail business and have applied for an exemption certificate.

Endorsement of this recommendation by Council doesn’t confirm a change, it simply provides the mechanism to apply to the State Government, with the Minister for Commerce being the decision-making body.

With consistent approvals for additional hours over this period and regular requests for additional hours over Easter being received, the opportunity exists to review the trading hours over these periods and adjust permanently if a change is supported. This requires consultation with local trader organisations, tourism interests and local members of State Parliament along with an opportunity for local community members to also comment on any extended trading proposal. While this is more onerous than the requirement to simply gain the support of the local Chamber of Commerce, as is the case for short-term adjustments, it would allow Council to make a long-term decision on holiday trading hours rather than having the consider to issue on an annual basis (the same process that was last undertaken in 2014).

Option One

Endorse the changes to Retail Trading Hours as supported by the ECCI.

Option Two

Endorse an alternate set of changes to Retail Trading Hours.

Option Three

Refuse the request to change Retail Trading Hours.

Additionally, Council can support, amend or remove Part 3. Of the recommendation. If a desire exists to review the Retail Trading Hours across the whole of the year exists (including the option for full deregulation) then the last part of the existing recommendation identifying the periods of December, January and Easter can be removed.

Consultation

This application has been considered by the Esperance Chamber of Commerce and Industry.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are governed by the Retail Trading Hours Act 1987. Any change (both temporary and permanent) requires recommendation by the relevant local government and approval by the Minister for Commerce.

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

Objective 13.2. Improve tourism infrastructure, services and experiences

Environmental Considerations

Nil

Attachments

a ⇩.	Extended Trading Request - Woolworths
b ⇩.	Response to Extended Trading Request - ECCI
c ⇩.	Gazettal of 2014 Permanent Change

RECOMMENDATION AND DECISION

12.4.2 Request Short Term Adjustment to Retail Trading Hours

Moved: Cr Obourne

Seconded: Cr Horan

O1022-226

Council Resolution

That Council

1. Endorse the following changes to retail trading hours in the Shire of Esperance with the addition of the following days (between 10am and 5pm):

· Sunday 4 December 2022

· Sunday 11December 2022

· Sunday 18 December 2022

· Tuesday 27 December 2022

· Monday 2 January 2023

2. Request the CEO to make application to the Department of Commerce for the proposed changes to apply to the entirety of the Esperance Shire; and

3. Request the CEO to investigate the desire within the Esperance community for a permanent change to the existing Retail Trading Hours in December, January and over the Easter period.

CARRIED

F6 - A0

Cr Graham, Cr de Haas and Cr McMullen returned to the Chambers at 5:16pm.

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

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

a ⇩.	Information Bulletin - September 2022
b ⇩.	Council Priorities Summary - Corporate Performance - September 2022
c ⇩.	Delegations Discharge - Corporate Resources
d ⇩.	Community Grants Program 2022/23 - Small Grants - September 2022
e ⇩.	Rates Comparison Report - 2022