Ordinary Council: Agenda

26 February 2019 Page 5

Declaration of Interest (Notes for Your Guidance)

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

c) Preside at the part of the Meeting, relation to the matter or;

d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Notes on Financial Interest (For your Guidance)

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious ect, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case need to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act; or

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

Interests Affecting Proximity

1) For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;

a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

b) a proposed change to the zoning or use of land that adjoins the person’s land; or

c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2) In this section, land (the proposal land) adjoins a person’s land if;

a) The proposal land, not being a thoroughfare, has a common boundary with the person’s land;

b) The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

c) The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Interests Affecting Impartiality

Definition: An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

Impact of an Impartiality Closure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this new type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

26 February 2019 Page 11

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 26 February 2019

COMMENCING AT 4pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr V Brown President Rural Ward

Cr N Bowman Deputy President Rural Ward

Cr J Parsons Town Ward

Cr S McMullen Town Ward

Cr S Payne Town Ward

Cr L McIntyre Town Ward

Cr R Padgurskis Town Ward

Cr D Piercey, JP Town Ward

Cr B Parker Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Resources

Mr M Walker Director Asset Management

Mr T Sargent Director External Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss A McArthur Administration Officer – Executive Services

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 22 January 2019 be confirmed as a true and correct record.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Local Planning Scheme No. 24 - Amendment No. 4

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D19/1482

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Shire of Esperance

Executive Summary

For Council to consider draft Amendment No. 4 for approval subject to modifications as a result of the public exhibition that was undertaken, as well as the internal assessment of the Amendment during the same period.

Recommendation in Brief

1. In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 4 with proposed modifications to address issues raised in the submissions; and

2. Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 4 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015, that further modifications are required in addition to those raised in the submissions.

Background

Amendment No. 4 was initiated by Council at its Ordinary Council Meeting on October 2018 under resolution numbers O1018-112, O1018-113, O1018-114 and O1018-115.

This amendment is now brought back for Council consideration after advertising.

Officer’s Comment

In accordance with Planning and Development (Local Planning Schemes) Regulations 2015, Local Planning Scheme No. 24 (LPS 24) Amendment No. 4 (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.

The EPA advised the Shire of Esperance via letter dated 19 November 2018 that after consideration of the LPS 24 Amendment No. 4 documentation, the proposed scheme amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations on the Scheme Amendment.

Upon receiving the advice from the EPA, LPS 24 Amendment No. 4 was advertised for public comment in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The advertising was commenced on 23 November 2018 and closed on 11 January 2019 being a period of 49 days.

Modifications are proposed to the amendment as a result of the advertising and are outlined in the Schedule of Submissions (Attachment C).

A modification is proposed to Schedule A Clause 61(k) to make the wording match the remainder of the Schedule. This required the text to be amended however it retains the exact same exemption.

A modification is proposed to delete ‘Waste disposal facility’ as a land use in Table 4 – Zoning and Land Use Table.

The current permissibility (‘X’ in all zones) has caused the anomaly of making an existing composting facility a non-conforming use and preventing the establishment of any new composting facilities which could be an issue with any introduction of a third bin.

Removing the use from Table 4 will require any development to be assessed against the objectives of the zone in which it is proposed as well as any Special Control Area which applies to the land. This gives the capacity to control the development both in terms of permissibility (approve or refuse) and the conditions that can be placed on a specific development.

Further modifications are proposed to correct an error in Schedule 1 Clause 30(a) – outbuildings. To correct this it is proposed to delete ‘on a Residential or Rural Residential zoned lot’ which will mean the clause now relates to the zoning table thereby including the relaxation for the ‘Rural Townsite’ zone.

A modification is proposed to add a new additional use (in Schedule 3) with an Additional Use of ‘Tourist development’ as an ‘A’ use and a Development Standard/Conditions of ‘Development is subject to the controls of the Tourism zone’ on Lot 106 Pink Lake Road, Nulsen

A modification is also proposed to a portion of Reserve 28170 which has be zoned ‘Cultural and Natural Resource Zone’ in error and reclassify this as ‘Environmental Conservation’ reserve consistent with the remained of Reserve 28170.

A modification is required to delete Additional Use 16 as the uses that were introduced are not compatible with Water Quality Protection Note 25 (WQPN 25) and as such cannot be approved by the Shire without Department of Water and Environmental Regulation considering the application to be compatible with WQPN 25. The remainder of Schedule 3 will need to be renumbered to reflect the deletion of this Additional Use.

A modification is proposed to show Lot 55 of Deposited Plan 12843 as a ‘Local Road’ consistent with its purpose of pedestrian accessway.

A modification is proposed to correct a use that has been incorrectly referenced. In this case all occurrences of ‘Holiday Home’ will be replaced with ‘Holiday House’.

A number of other modifications are proposed which correct minor errors in the Scheme that have no impact on how it operates.

Consultation

· Advertising notice in the Esperance Express – 23 November 2018;

· Notices on the Shires public information boards;

· Amendment documentation being available via the Shire of Esperance’s website; and

· Referral letters to government departments and servicing agencies.

At the close of the advertising period a total of eleven (11) submissions were received. A further late submission was also received from the Department of Mines, Industry Regulation and Safety. Copies of all submission can be found at Attachment B. All submissions received have been addressed in the Schedule of Submissions (Attachment C).

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 24

Policy Implications

Local Planning Strategy

Government Sewerage Policy

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

Facilitate and guide high quality, compliant and efficient building and development across the Shire

Environmental Considerations

Nil

Attachments

a ⇨.	Amendment No. 4 - As Advertised - Under Separate Cover
b ⇨.	Submissions on Amendment No. 4 - Under Separate Cover
c ⇩.	Schedule of Submissions

Officer’s Recommendation

That Council:

1. In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 2 with the proposed modifications to address issues raised in the submissions:

a) Amend the Scheme Map by reclassifying Reserve 14541 from ‘Rural’ to ‘Government Services’.

b) Amend the Scheme Map by reclassifying Portion of Reserve 23527 and Reserve 34788 from ‘Public Open Space’ to ‘Environmental Conservation’.

c) Amend the Scheme Map by reclassifying the Road Widening on DP411488 from ‘Rural’ to ‘Primary Distributor Road’.

d) Amend the Scheme Map by reclassifying the Road Widening on DP411489 from ‘Rural’ to ‘Primary Distributor Road’.

e) Amend the Scheme Map by reclassifying the Lot 500 on DP407020 from ‘Rural’ to ‘Emergency Services’.

f) Amend the Scheme Map by reclassifying Reserve 33494 and Lot 55 on Plan 9489 from ‘Residential’ to ‘Local Road’.

g) Amend the Scheme Map by reclassifying Portion of Lot 501 on DP411999 from ‘Local Road’ to ‘Recreational’.

h) Amend the Scheme Map by reclassifying Portion of Lot 502 on DP411999 from ‘Public Open Space’ to ‘Local Road’.

i) Amend the Scheme by inserting ‘government, public authority or’ before ‘local government’ in Clause 15(3).

j) Amending Schedule 1 Clause 29 by renaming the clause to ‘Outbuildings’

k) Amending Schedule 1 Clauses 29 (b) and (c) by deleting ‘in accordance with subclause (a)’.

l) Amend the Scheme by inserting a new subclause (h) under Schedule 1 Clause 27 as follows:

‘(h) Irrespective of subclauses (c) and (d) a shipping container is not permitted unless development approval has already been issued for the erection of a single house, second-hand dwelling or repurposed dwelling on the lot or that form of development has already occurred.’

m) Amend the Scheme by inserting a new subclause (i) under Schedule 1 Clause 27 as follows:

‘(i) No more than two (2) shipping containers will be permitted on any Rural Residential property at any time. Where more than one (1) sea container is placed on a property, these must be grouped side by side to give the appearance of a single uniform structure and comply with subclause (d).’

n) Amend Schedule 3 Additional Use A18 by replacing ‘R-Codes’ with ‘R20 R-Code’

o) Amend Schedule 3 and the Scheme Map by adding an Additional Use with the following:

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A20

Lots 70 - 74 The Esplanade, Esperance

Commercial

As a ‘D’ use:

· Single House

Setbacks are to be in accordance with the R-codes.

p) Schedule 5 and the Scheme Map by adding a Special Use with the following:

No.

Description of land

Special use

Conditions

SU7

Lucky Bay Brewery

Part Lot 63 on Deposited Plan 80539

As a ‘P’ use:

· Single House

· Home Occupation

· Ancillary Dwelling

· Rural Pursuit/hobby farm

As a ‘D’ use:

· Brewery

· Educational Establishment

· Small Bar

· Holiday House

As an ‘I’ use:

· Restaurant/café

· Reception Centre

· Industry-Light

· Other complimentary or non-defined uses considered appropriate by the Local Government.

a) The portion of Lot 63 on DP80539 subject to SU7 may be subdivided from the parent lot.

b) Any further subdivision greater than outlined in subclause a) will require the preparation and adoption of a structure plan prepared in accordance with clause 16 of Schedule 2 – Deemed Provisions for local planning schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

c) All development within SU7 shall require Development Approval.

d) Parking requirements are to be in accordance with Schedule 7.

q) Amend the Scheme Map to show a buffer in accordance with the Government Sewerage Policy for the Stevens, Doombup and Bannitup Lakes system as part of SCA 11.

2. Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 2 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following modifications are required in addition to those raised in the submissions:

a) Amend Schedule A Clause 61 (1)(k) by replacing ‘Development Approval is required for the placement of a shipping container on a lot except where it is:’ with ‘the placement of a shipping container on a lot where it is:’

b) Amend Table 4 – Zoning and Land Use Table by removing the land use ‘Waste disposal facility’.

c) Amend Schedule 1 Clause 30(a) by deleting ‘on a Residential or Rural Residential zoned lot’.

d) Amend Schedule 3 and the Scheme Map by adding an Additional Use with the following:

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A21

Lot 106 Pink Lake Road, Nulsen

Residential

As a ‘A’ use:

· Tourist Development

Development is subject to the controls of the Tourism zone

e) Amend the Scheme Map to show the portion of Reserve 28170 currently reserved ‘Cultural and Natural Resource Zone’ as ‘Environmental Conservation’ reserve.

f) Amend Schedule 3 and the Scheme Map by deleting Additional Use 16 and renumbering all subsequent clauses and map references to take into account the deletion.

g) Amend the Scheme Map to show Lot 55 of Deposited Plan 12843 from ‘Residential’ to ‘Local Road’.

h) Amend the Scheme to replace all instances of ‘Holiday Home’ with ‘Holiday House’.

i) Amend Schedule A Clause 61(1)(p) by replacing ‘Residential and Rural Townsite zone’ with ‘Residential or Rural Townsite zone’.

j) Amend Schedule A Clause 61(1)(t) by replacing ‘and’ with ‘or’.

k) Amend Schedule 1 Clause 22.(a) by replacing the ‘and’ after ‘Bed and Breakfast’ with ‘or’.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2019 Page 34

Item: 12.1.2

Development Application - 3.6 Metre Tennis Court Style Fencing for Outdoor Activity Area associated with Youth Drop-in Centre - Lots 109-110 Milner Street, Sinclair

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Strategic Planning & Land Projects

File Ref: D19/2929

Applicant

Conrad Lowe

Location/Address

Lots 109-110 Milner Street, Sinclair

Executive Summary

For Council to consider a development application for 3.6 metre high tennis court style fencing around an outdoor activity area associated with the Youth Drop-in Centre at Lots 109-110 Milner Street, Sinclair.

Recommendation in Brief

That Council resolve to approve Development Application 10.2018.3957.1 for 3.6 metre high tennis court style fencing around an outdoor activity area associated with the Youth Drop-in Centre at Lots 109-110 Milner Street, Sinclair subject to conditions.

Background

A development application was received on 29 October 2018 for 3.6 metre high tennis court style fencing around an outdoor activity area associated with the Youth Drop-in Centre. Roof-top barriers and the addition of a new entrance to the building were also suggested at time of application, but were later removed by the applicant.

The fencing is proposed around an area for outdoor activities (such as basketball, volleyball and tennis) for two primary reasons:

1. To improve the safety of children on-site by removing the ability of vehicles and unknown individuals entering the site;

2. To act as a barrier for outdoor activities, which will reduce the number of balls and other items leaving the site as a consequence of it being used for outdoor activities and sports.

Discussions were also undertaken with the applicant to ascertain the height of the proposed fence. A height of 3.6 metres was ascertained, however the applicant has indicated that the end result may be lower (possibly down to 3.0 metres) depending on costs.

This item was originally withdrawn from the November 2018 Ordinary Council Meeting due to the applicant being ill and unable to attend. Discussions have since been undertaken regarding car parking arrangements (see Attachments B and C).

Officer’s Comment

The application is referred to Council for several grounds.

1. The area to be used for outdoor activities is currently a sealed car park. Even with the proposed gate, the applicant has indicated that they do not desire vehicles to be parked on-site due to the potential conflict with the outdoor activities (such as basketball, volleyball and tennis). This results in the property having no dedicated car parking on site. Patrons currently use the grassed verge between Pink Lake Road and Lot 109 Milner Street as a drop-off and collection point which is not supported by Shire of Esperance (Asset Management Division).

While there is no set car parking requirement for the Youth Club under Local Planning Scheme No. 24 having no car parking on-site will require that alternative arrangements be made. The proposed development is in proximity to both the Pink Lake IGA as well as public car parking along Pink Lake Road and as such there are other options for people to park nearby and then walk to the site.

2. 3.6 metre fencing exceeds standard requirements for commercial fencing. Under Schedule 2 of the Shire of Esperance Fencing Local Law 2018, the maximum height of a fence on a commercial property is 2.4 metres. In addition the proposal is for ‘tennis court style’ fencing which is rather distinctive. This results in a greater impact on visual amenity in the area.

The proposed car parking arrangements (see Attachments B and C) are acceptable to Shire of Esperance (Planning Services).

Consultation

As part of the assessment, the proposal was referred to Shire of Esperance (Asset Management Division) for comment. The comments received were as follows:

1. All car-parking should be located on-site. Parking in the road verge is not permitted.

2. The proposed gates need to open inwards.

Further discussions indicated that parking in the road verge would only be considered in the event that dedicated car parking was installed in the road verge.

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

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

Facilitate and guide high quality, compliant and efficient building and development across the Shire

Environmental Considerations

Nil

Attachments

a ⇩.	Plan
b ⇩.	Additional Information regarding Parking
c ⇩.	Limited Parking Agreement with IGA

Officer’s Recommendation

That council resolve to approve development application 10.2018.3957.1 for 3.6 metre high tennis court style fencing around an outdoor activity area associated with the Youth Drop-in Centre at Lots 109-110 Milner Street, Sinclair 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 (Planning Services).

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

3. 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 (Asset Management Division).

4. 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.

5. 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.

6. All other fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

7. 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 to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

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

9. The gate is to open into the property.

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 and fence locations 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.

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.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2019 Page 45

Item: 12.1.3

Surrender of a Portion Reserve 39409 to Facilitate Construction of Telecommuncations Infrastructure

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D19/3128

Applicant

Kordia Solutions Pty Ltd

Location/Address

Portion of Reserve 39409

Executive Summary

For Council to consider surrendering a portion of Reserve 39409 (Alexander Bay) to facilitate the development of a stand-alone telecommunications facility.

Recommendation in Brief

That Council:

1. Agree to surrender its management order over a portion of Reserve 39409 to facilitate the State entering into a lease with a telecommunications provider.

2. Require Kordia Solutions Pty Ltd to cover all costs in relation the surrender and subsequent amendments to the reserve to facilitate access to the land and approval of the development.

Background

The proponent has approached the Shire with a view to establish an Optus stand-alone solar powered small cell base station. This form of development is designed for remote locations where no power is available.

Officer’s Comment

The Department of Planning, Lands and Heritage policy dictates that any use of Crown land for “Telecommunications” is to be by way of a lease between the State of Western Australia and the telecommunications provider directly. In order for the proposal to proceed the Shire would need to excise and relinquish the portion of the proposed lease out of the Reserve, have it return to unallocated Crown land and the Planning, Lands and Heritage then enters into leasing arrangements with the telecommunications provider.

The applicant has provided two montages that show the stand alone facility in the Alexander Bay environment.

Container looking towards campground.

Container at new quarry.

A site inspection was undertaken with Parks and Environment staff which identified that location of the development in the new quarry provided the best outcome from an access, environmental and services provision perspective.

Consultation

Department of Planning, Lands and Heritage

Asset Management – Parks and Environment

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Land Administration Act 1997

Local Planning Scheme No. 24

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

Facilitate and guide high quality, compliant and efficient building and development across the Shire

Environmental Considerations

To facilitate the surrender of the portion of the reserve clearing permit 7812/1 will be require to be modified to remove the portion of surrendered reserve as the current permit requires that portion of land to be rehabilitated.

Attachments

Nil

Officer’s Recommendation

That Council:

1. Agree to surrender its management order over a portion of Reserve 39409, subject to the amendment of the Clearing Permit, to facilitate the State entering into a lease with a telecommunications provider.

2. Require Kordia Solutions Pty Ltd to cover all costs in relation the surrender and subsequent amendments (including amendment to the Clearing Permit) to the reserve to facilitate access to the land and approval of the development.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2019 Page 48

Item: 12.1.4

Community Grants Program 2019 - 2020

Author/s	Shane Tobin	Community Development & Events Coordinator
Authorisor/s	Terry Sargent	Director External Services

File Ref: D19/2900

Applicant

Internal

Location/Address

Internal

Executive Summary

For Council to review the amended Community Grants Program guidelines and Application Form for the 2019-2020 year and advertise for applications.

Recommendation in Brief

That Council:

1. Endorse the amendments to the Community Grants Program Guidelines and Application Form; and

2. Advertise for applications for the 2019-2020 Community Grants Program during March and April 2019.

Background

Each year the Community Grants Program is reviewed for amendments in the delivery of information and in the format of the funding programs.

Officer’s Comment

Positive feedback was received from community groups following the last round of applications.

A range of minor amendments in the guidelines have been identified, the majority of these are minor wording changes to provide clarification to applicants. Other than changing the dates on page 7, the only other significant change is moving to a defined Grant Year rather than financial year. The grant period has been adjusted to run from the 1st of August 2019 to the 31^st of July 2020 to bring in line with Council budget timelines.

This year it is intended to open the grant applications at the 1^st of March 2019 and close applications on the 15^th of April 2019. This is a little earlier than previous years to allow staff sufficient time to review applications, follow up any questions and provide detailed information to Council.

Financial Implications

The amount distributed through the Community Grants Program is at the discretion of Council through the 2019/2020 Budget deliberations and will not be affected by the proposed alterations to the Guidelines.

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

Active and growing volunteers and community groups that facilitate and support activities, bringing the

Community together

Encourage and support volunteers and community groups

Corporate Business Plan 2017/2018 – 2020/2027

Manage the Community Grants Program

Attachments

a ⇩.	Community Grants Guidelines
b ⇩.	Community Grants Application
c ⇩.	Community Grants Support Application

Officer’s Recommendation

That Council

1. Endorse the amendments to the Community Grants Program; and

2. Advertise for applications for the 2019-2020 Community Grants Program during March and April 2019.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2019 Page 75

12.2 Asset Management

Item: 12.2.1

Draft Esperance 2050 Cycling Strategy

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D19/3424

Applicant

Department of Transport

Location/Address

N/A

Executive Summary

For Council to consider supporting the Draft Esperance 2050 Cycling Strategy developed by the Department of Transport for it to proceed to formal public comment.

Recommendation in Brief

That Council advises the Department of Transport of its support for the Draft Esperance 2050 Cycling Strategy to proceed to formal comment.

Background

The Department of Transport (DoT) approached the Shire in late 2017 about developing a cycling strategy for the Shire of Esperance. The DoT is currently developing a number of these plans across regional WA. The project is funded and lead by the DoT in collaboration with the Shire. The Shire accepted the proposal to develop a 2050 Cycling Strategy. The below information from the DoT provides some background to the 2050 Cycling Strategy project.

A key action of the Western Australia Bicycle Network (WABN) Plan 2014-2031 is to improve planning for cycling in the regions. Specifically to identify gaps in existing cycling networks, plan for future growth corridors, and produce strategic and operational plans for identified regional centres and surrounding areas.

There is growing demand for high quality cycling infrastructure in Western Australia's regional centres, with residents expecting a higher level of bicycle connectivity between work, home and other key destinations. In some regions there are also opportunities to improve connectivity between towns.

Cycle-tourism, in its various forms, is increasingly popular and there is significant potential for regional WA to capitalise on this growing industry.

This project aims to develop aspirational cycling strategies across regional WA, in partnership with local government. Positioned as long-term strategies out to 2050, each document will be accompanied by a short-term implementation program to prioritise the delivery of strategic infrastructure.

The DoT has engaged Cardno to undertake the Esperance 2050 Cycling Strategy, the project program is detailed below:

· Project initiation (complete)

· Community Consultation Phase 1 - drop-in sessions (complete)

· Develop draft network and report for stakeholder input (complete)

· Develop draft for consultation (complete)

· DoT sign off on draft for consultation (complete)

· Council briefing prior to Community Consultation Phase 2

· Community Consultation Phase 2 - formal comment period

· Document engagement outcomes

· Development of the Action Plan

· Update Final Draft Strategy, including agreed Action Plan

· DoT sign off on Final Strategy including Action Plan

· Council approval / endorsement of the Final Strategy including Action Plan

· Public release of Final Strategy

Officer’s Comment

The Draft Esperance 2050 Cycling Strategy included in Attachment A has now been developed and reviewed internally and by the DoT. The Draft Esperance 2050 Cycling Strategy is a long term aspirational strategy including a detailed cycling network and hierarchy that will have short term action plan (to be developed).

The next stage of the project is to put the Draft Esperance 2050 Cycling Strategy out to formal comment. This will enable the public to review and give feedback on the Strategy as well as help develop the priority actions to be implemented. DoT will be managing the public comment process.

Consultation

Community Consultation Phase 1 - drop-in and Councilor sessions

DoT

Financial Implications

The Strategy development is funded by the DoT. Once we have an endorsed Strategy, it will help inform the Shires Long Term Financial Plan, annual construction programs and assist the Shire in applying for Western Australia Bicycle Network grants.

Asset Management Implications

The Strategy will help inform Asset Management Plans and prioritise construction programs.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Road networks that meet the needs of our community and provide safe movement for all users

Deliver a diverse, efficient and safe transport system

Corporate Business Plan 2018/2019 – 2021/2022

B3.4 Review and update Trails Master Plan and Implementation Schedule

Environmental Considerations

Nil

Attachments

a ⇨.

Draft Esperance 2050 Cycling Strategy - Under Separate Cover

Officer’s Recommendation

That Council advises the Department of Transport of its support for the Draft Esperance 2050 Cycling Strategy to proceed to formal comment.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2019 Page 78

12.3 Corporate Resources

Item: 12.3.1

Neridup Bush Fire Brigade Shed Lease - David and Sally Cox

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D19/2327

Applicant

David and Sally Cox

Location/Address

Portion of Lot 127 Green Road, Neridup – Neridup Bush Fire Brigade Shed.

Executive Summary

For Council to consider entering into a lease with David and Sally Cox for the Neridup Bush Fire Brigade Shed located on their property.

Recommendation in Brief

That Council agrees to enter into a lease with David and Sally Cox for the Neridup Bush Fire Brigade Shed located on their property.

Background

A lease for this bush fire brigade shed was in place with the previous owner of the property, Edward Green. This lease was for a term of 30 years, commencing 10 November 1995 and was referenced for a caveat on the property.

The property was sold in 2009 to David and Sally Cox, however it has now been discovered that the lease was not amended following the sale.

Officer’s Comment

Following contact with David Cox, he has advised that he’s happy to proceed with entering a lease over this shed located on his property.

A letter was sent to the previous owner in this regard and a notification has been received from Edward’s wife, Margaret Green, advising that Edward has passed away.

As we are unable to transfer the existing lease to the new owner without the previous Lessor’s consent, it is recommended that we enter into a new lease agreement with the new owners over this area and deem the previous lease to be terminated.

Consultation

Director Corporate Resources

Community Emergency Services Coordinator

David Cox

Margaret Green

Financial Implications

Nil

Asset Management Implications

The Shire will remain responsible for maintenance of the brigade shed.

Statutory Implications

Local Government Act 1995

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Services, infrastructure and public places that meet and adapt to community needs and changing priorities

Ensure services, infrastructure and public places are aligned to community needs now and in the future

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

David Cox - Approval to proceed with lease

Officer’s Recommendation

That Council agrees to;

1. Enter into a lease with David and Sally Cox for portion of Lot 127 Green Road Neridup;

2. The term of the lease being 15 years or until the property is sold;

3. The previous lease being deemed to be terminated due to the Lessor no longer owning the property and being deceased; and

4. The lease being drawn up using the Community and Sporting Group Lease Template.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 February 2019 Page 136

Item: 12.3.3

Local Government Elections 2019

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D19/3098

Applicant

Shire of Esperance

Location/Address

Windich Street Esperance

Executive Summary

For Council to determine how the Local Government Elections 2019 will be conducted.

Recommendation in Brief

That Council appoints the Western Australian Electoral Commission (WAEC) to hold a Postal Election for the Shire of Esperance on 19 October 2019.

Background

As per the Local Government Act 1995 (the Act), all local Governments in Western Australia, on 19 October 2019 (Election Day), will hold an election to elect members to their respective Councils. At the Shire of Esperance, there are will be a minimum of five (5) vacancies, due to terms expiring, to be filled, being:

· Cr McIntyre (Town Ward);

· Cr Padgurskis (Town Ward);

· Cr Parsons (Town Ward);

· Cr Bowman (Rural Ward); and

· Cr Brown (Rural Ward)

Part 4 of the Act sets out the methods for Local Government Elections and offers Council options in the manner the Election will be conducted and who will conduct the Election (Returning Officer), however these decisions must be made at minimum 80 days prior to Election Day.

Under Section 4.20 of the Act, the Chief Executive Officer of the Local Government is, by default, the Returning Officer. The Local Government can appoint another person, subject to the approval of the Western Australian Electoral Commissioner (S4.20(2)) or should Council declare the WAEC responsible for the Election, an independent Returning Officer will be appointed. The Returning Officer’s role is to effectively manage the entire election process, and ensure compliance with the Local Government Electoral process and procedures.

Council must also decide the method of Election used. Under Section 4.61 of The Act, there are two methods of conducting the election, In-person (default) or Postal. If Postal Election is the chosen method, the WAEC must be made responsible for conduct of the election (4.61(4)). At the 2017 Local Government Election, a postal election was held resulting in a 54.66% turnout, a 15.01% increase on 2015. The last In-person election was held in 2005 and resulted in a 13.5% turnout of eligible voters.

On 19 October 2018, the WAEC wrote to the Shire of Esperance and provided a quote of $48,000 (GST Inc) to run a postal election in October 2019 (Attached).

Officer’s Comment

The bi-annual (every two years) Local Government Election process is the most direct method residents and ratepayers have in determining the future and direction of their respective Local Governments, by electing their representatives to Council.

Council must consider which method to use for the October 2019 Election. In determining which method to adopt, Council should consider the following points regarding each alternative:

In-Person Election & CEO Returning Officer:

· Lower direct costs, however indirect costs (staff) are difficult to estimate or capture;

· Consistent with Federal and State Government Election process;

· Greater “Local Feel” to election process;

· Generally a lower Voter turnout (13.5% turnout in 2005);

· Potential conflict of interest between Shire Administration and Candidates (potential to politicise the Administration)

Postal Election & Independent Returning Officer:

· Generally a greater Voter turnout (39.65% in 2015 & 54.66% in 2017);

· High direct costs (very few indirect costs);

· Separation of the Shire Administration and Election process, especially if there are conflicts with Candidates;

· WAEC specialises in managing Elections, resulting in fewer expected compliance issues;

· Possible perception of election being impersonal and lack of focus on actual election day;

· Inconsistent with Federal and State Government election process (i.e. In-Person voting).

Given the potential for higher Elector turnouts and ability to more accurately estimate the cost of election it is recommended that the October 2019 Election be a Postal Election managed by the Electoral Commissioner. It should also be noted that the annual Esperance & District Agricultural Show is scheduled for 18 & 19 October 2019, which could affect the turnout rate of an in-person vote.

Even though the WAEC (and their appointed Returning Officer) will manage the election, it does not prevent the Shire assisting in the electoral process, especially in the early stages. The Administration will work with the Returning Officer on matters such as electoral advertising and holding the following forums with the community to help promote the Local Government Elections:

· “Want to Nominate for Council” Workshop (Public);

· Ballot Allocation (Public, Candidates, Councillors)

· “Candidates Information” Session (Candidates & Councillors)

· Meet the Candidates (Public & Candidates)

· Election Day & Count

Consultation

Western Australian Electoral Commission (WAEC)

Financial Implications

There are different financial implications for the two possible methods, as below:

Postal Vote

The quoted cost submitted by the WAEC to conduct a post vote is $48,000 (Inc GST) with the possibly another $5,000 for incidentals, totalling $53,000 (Inc GST) in the 2019/20 Annual Budget.

In-person Vote

Should Council decide to run an in-person election, then potentially a lower budget of $23,000 - $28,000 (no mailing costs etc.) will need to be provided, however as previously stated it will be difficult to capture all indirect costs (staffing) associated with running an Election.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Part 4 – Elections and Other Polls

Local Government (Election) Regulations 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Community confidence and trust in Council

Provide transparent and accountable leadership

Corporate Business Plan 2017/2018 – 2020/2021

Action L3.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Letter - Local Government Ordinary Elections 2019 - 19 October 2018

Officer’s Recommendation

That Council:

1. Declare in accordance with Section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2019 ordinary election together with any other elections or polls which may be required; and

2. Decide, in accordance with Section 4.61(2) of the Local Government Act 1995 that the method of conducting the 2019 Local Government Election will be as a postal election.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 February 2019 Page 170

14. Motions of which Notice has been Given

Nil

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

16. URGENT BUSINESS APPROVED BY DECISION

17. MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

It is recommended that the meeting is behind closed doors for the following items, in accordance with section 5.23(2) of the Local Government Act 1995.

Item: 17.1

Lease Surrender - Old Chemist Shop Museum Village

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

Item: 17.2

Outstanding Rate - Legal Action on Assessment 9761.

Confidential Item

Item: 17.3

Jetty Headland Site 2 Expression of Interest

Confidential Item

Item: 17.4

Lease Surrender - Old School Master's Residence Museum Village

Confidential Item

Item: 17.5

Community Airfares - Regional Express (Rex) Airlines

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

Item: 17.6

Environmental Scoping Document Costing - Proposed Landfill at Kirwan Road

Confidential Item

Item: 17.7

Fire Damaged Asbestos Clad Structure - Lot 421 (77) Pink Lake Road Nulsen

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, could be reasonably expected to prejudice the maintenance or enforcement of a lawful measure for protecting public safety (Section 5.23(2)(f)(iii)).

Item: 17.8

0160-18 Town Boat Ramp and James Street Jetty Maintenance Works

Confidential Item

Item: 17.9

Proposed Lease and Possible Purchase of a Portion of Lot 50, Wylie Bay Road

Confidential Item

Item: 17.10

CEO Performance Review

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)); and a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

18. PUBLIC QUESTION TIME

19. CLOSURE

a ⇩.	Information Bulletin - January 2019
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇨.	Corporate Performance Report - January 2019 - Under Separate Cover
d ⇩.	WALGA Quarterly Report - 2018 Q4 - Shire of Esperance
e ⇩.	Esperance Chamber of Commerce - Certificate of Membership 2019
f ⇩.	Certificate of Appreciation - Support of Esperance Short Course Delivery

Disclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Declaration of Interest (Notes for Your Guidance)

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Shane Burge	Director Corporate Resources

Author/s	Alli McArthur	Administration Officer - Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer