Ordinary Council: Agenda

26 March 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.

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Ordinary Council: Agenda

26 March 2019 Page 11

SHIRE OF ESPERANCE

AGENDA

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

Development Application - Unspecified Land Use - Lot 309 Twilight Beach Road, West Beach

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

File Ref: D19/4542

Applicant

Mark Payne

Location/Address

Lot 42 (309) Twilight Beach Road, West Beach

Executive Summary

For Council to consider a development application for an unspecified use of short term accommodation at Lot 42 (309) Twilight Beach Road, West Beach,

Recommendation in Brief

That Council resolve to approve Development Application 10.2018. 3985.1 for an unspecified use of short term accommodation at Lot 42 (309) Twilight Beach Road, West Beach subject to conditions.

Background

A Development Application was received on the 15 November 2018 to permit short term accommodation in the dwelling on Lot 42 (309) Twilight Beach Road, West Beach.

Due to the previous approval of short term accommodation on a portion of the property (Development Approval 10.2017.3632.1) this application needs to limit the occupancy to only one short term accommodation at any one time to ensure it is not classified as ‘Holiday Accommodation’ which is an ‘X’ use in the ‘Residential’ zone.

Officer’s Comment

Ordinarily a development application of this nature would be dealt with under delegated authority however in this instance it is referred to Council as the application was lodged by a Councillor and it is their place of residence.

It should be noted that as the dwelling contains four bedrooms the Disability (Access to Premises – Buildings) Standard 2010 apply if all the bedrooms are used. In this instance a condition is proposed that allows the approval to be limited to three bedrooms by locking one room or suitably refurnishing to allow a use such as “study” or ”games room”. Alternatively all bedrooms can be used but will be subject to compliance with the Disability (Access to Premises – Buildings) Standard 2010.

In addition to this under Clause 78D(1) of the Deemed Provisions the change in classification of the building requires a bushfire attack level assessment to be undertaken and any works required out of this are to be completed prior to the commencement of the land use.

Consultation

N/A

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Planning Scheme No. 24

Policy Implications

EXT 004: Applications Lodged by Staff or Elected Members

Any application that is lodged by an Elected Member is to be referred to Council for determination, except for an application:

· That is for that person’s own place of residence or expansion/upgrading of a place of business that was previously approved and satisfies the objectives and development standards in:

o Local Planning Scheme;

o the Acceptable Development provisions of the Residential Design Codes, and

o any relevant adopted Planning Strategy, Local Planning Policy and/or Local Law.

· For a minor modification to an approved plan;

· An extension of time for a planning consent when there has been no circumstantial change other than the expiration of time;

· For amalgamation of lots or realignment of boundaries.

As the application was lodged by Councillor Shelley Payne and is for a new application (albeit related to an existing approval) it is referred to Council for determination.

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

N/A

Attachments

a ⇩.

Development Application and Plans

Officer’s Recommendation

That Council resolve to approve development application 10.2018.3985.1 for an unspecified use of short term accommodation at Lot 42 (309) Twilight Beach Road, West Beach 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. The approved short term accommodation 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. A minimum of one (1) additional car parking bay is to be provided on-site for the exclusive use of the Short Term Accommodation in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

5. The driveway/accessway shall be constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

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

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

8. The approved development shall provide a supply of potable water adequate to meet the needs of the development.

9. Should the existing effluent disposal system/aerobic treatment unit (ATU) fail or cause nuisance, it is to be upgraded at the cost of the applicant to the satisfaction of Shire of Esperance (Environmental Health Services).

10. 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.

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

12. Only one accommodation unit being either the one approved under this approval (10.2018.385.1) or Development Approval 10.2017.3632.1 shall be occupied as short term accommodation at any one time.

13. Only three bedrooms within the dwelling are permitted to be occupied as part of the Short Term Accommodation or alternatively access to and within the Class 1b dwelling shall be subject to compliance with AS 1428 – Design for access and mobility.

14. Prior to Commencement of Use an Electrical Safety Certificate, Certificate of Building Compliance, Plans and Documentation demonstrating compliance with the provisions of the Building Code of Australia listed as part of Advice Note (3) are to be provided to Shire of Esperance (Planning Services).

15. In accordance with Clause 78D(1) of the Deemed Provisions a bushfire attack level assessment is required to be prepared by an Accredited BAL Assessor and any upgrades required by the determined bushfire attack level are to be undertaken prior to commencement of use.

16. 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.

AND the following advice notes:

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

2. In relation to condition 13 should the bedrooms available for accommodation exceed 3 then the Class 1b dwelling will need to be upgraded to accommodate persons with a disability, this means compliance with AS 1428 – Design for access and mobility.

3. In relation to condition 14 written evidence is required with regards to the applicable technical aspects of the Building Codes of Australia, the submission of the Certificate of Building Compliance by a Private Building Surveyor is required. Below is some general information in regards to fire safety, health and amenity, and safe movement and access, this is to assist you with some of the minimum building code requirements:

· 3.7.2.2 Requirements for smoke alarms - Smoke alarms must—

(a) be located in—

(ii) Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5; and

(b) comply with AS 3786, except that in a Class 10a private garage where the use of the area is likely to result in smoke alarms causing spurious signals, any other alarm deemed suitable in accordance with AS 1670.1 may be installed provided that smoke alarms complying AS 3786 are installed elsewhere in the Class 1 building; and

(c) be connected to the consumer mains power where consumer power is supplied to the building; and

(d) be interconnected where there is more than one alarm.

· 3.7.2.4 Location — Class 1b buildings - In a Class 1b building, smoke alarms must be installed on or near the ceiling—

(a) in every bedroom; and

(b) in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building; and

(c) on each other storey.

· 3.7.2.5 Lighting to assist evacuation — Class 1b buildings - In a Class 1b building, a system of lighting must be installed to assist evacuation of occupants in the event of a fire, and—

(a) be activated by the smoke alarm required by 3.7.2.4(b); and

(b) consist of—

(i) a light incorporated within the smoke alarm; or

(ii) the lighting located in the corridor, hallway or area served by the smoke alarm.

· 3.9.2.5 Protection of openable windows

(a) A window opening must be provided with protection, if the floor below the window in a bedroom is 2 m or more above the surface beneath.

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 approved development is required to comply with the following legislation (as amended from time to time):

· Health (Miscellaneous Provisions) Act 1911

· Occupational Safety and Health Regulations 1996

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Environmental Protection (Noise) Regulations 1997

· Food Act 2008 and Food Regulations 2009

· Health Act (Laundries and Bathrooms) Regulations 1971

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

8. 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 March 2019 Page 22

Item: 12.1.2

Request to Waive Annual Extractive Industry Licence Fees

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

File Ref: D19/5043

Applicant

Mr. Chip Murray on behalf of Triple M Transport (WA) Pty Ltd

Location/Address

Lot 502 Murray Road, Dalyup

Executive Summary

For Council to consider a request to waive the annual extractive industry licence fee for an Extractive Industry on Lot 502 Murray Road, Dalyup until such time as extraction commences on the Lot.

Recommendation in Brief

That Council require all outstanding and future fees relating to Extractive Industry Licence No. 106.2017.11.1 to be paid to maintain the Extractive Industries Licence’s validity

Background

A request (Attachment A) has been made to defer the annual extractive industry licence fee for an Extractive Industry on Lot 502 Murray Road, Dalyup as Clearing Permit are still being sought and extraction has not yet commenced.

The Extractive Industries Local Law provides the following in relation to the requirement to obtain and maintain a licence:

Extractive Industries Prohibited Without Licence

2.1 A person must not carry on an extractive industry –

(a) unless the person is the holder of a valid and current licence; and

(b) otherwise than in accordance with any terms and conditions set out in, or applying in respect of, the licence.

Penalty $5 000 and a daily penalty not exceeding a fine of $500 in respect of each day or part of a day during which an offence has continued.

To maintain the licence an annual licence fee must be paid (The current fee is $105) as follows:

Payment of Annual Licence Fee

3.2 On or before 31 December in each year, a licensee shall pay to the local government the annual licence fee determined by the local government from time to time.

It is the understanding of staff that conducting an extractive industry includes the seeking all the relevant approvals. The Local Law mandates the payment of the annual licence fee to maintain a valid licence.

Officer’s Comment

The following options are provided for Council’s consideration:

Option 1

That Council defer the annual extractive industry licence fee for Extractive Industry Licence No 106.2017.11.1 until such time as extraction commences on Lot 502 Murray Road, Dalyup.

This option is not preferred as it effectively narrows the definition of the activities determined to be an “extractive industry” and sets a potential precedent for the deferral of fees.

Option 2

That Council review the application of the annual extractive industry licence fee applicable for all Extractive Industry Licences to ensure they are only applied at such time as extraction commences on the licenced site.

This option is not preferred. Although it addresses the precedent issue it is contrary to the provision of the Extractive Industries Local Law as it is currently written.

Option 3

That Council require all outstanding and future fees relating to Extractive Industry Licence No. 106.2017.11.1 are to be paid in a timely manner to maintain the validity of the Extractive Industries Licence.

Option 3 is the Officers recommendation as it is consistent with the Extractive Industries Local Law.

Consultation

N/A

Financial Implications

The fee payable is currently $105 per annum.

NB: If Council chose to waive the fee otherwise payable, it would require a decision by absolute majority.

Statutory Implications

Extractive Industry Local Law

Clause 6.12(1)(b) of the Local Government Act 1995 provides Council the power to waive or grant concessions in relation to any money otherwise owed to the local government.

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

N/A

Attachments

a ⇩.

Request to Defer Extractive Industries Licence Fee

Officer’s Recommendation

That Council decline Mr Murray’s request to defer fees payable in relation to Extractive Industry Licence No. 106.2017.11.1

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 March 2019 Page 26

Item: 12.1.3

Development Application - Oversized Outbuilding - Lot 811 (6) Parkland Retreat, Chadwick

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

File Ref: D19/5173

Applicant

N Lang on behalf of L & R Lang

Location/Address

Lot 811 (6) Parkland Retreat, Chadwick

Executive Summary

For Council to consider Development Application 10.2019.4016.1 for an oversized Outbuilding (Shed) at Lot 811 (6) Parkland Retreat, Chadwick.

Recommendation in Brief

That Council refuse Development Application 10.2019.4016.1 for an oversized Outbuilding (Shed) at Lot 811 (6) Parkland Retreat, Chadwick.

Background

An application for planning approval for an oversized Outbuilding (Shed) at Lot 811 (6) Parkland Retreat, Chadwick was received by Planning Services on 4 February 2019. Advertising was subsequently undertaken by Shire of Esperance (Planning Services) to all adjoining landowners. No objections were received from the three adjoining landowners.

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.

Applications for outbuildings that do not comply with the above development requirements will be assessed on a case by case basis and may be permitted subject to the following matters being taken into account in the assessment process:

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

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

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

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

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council with an officers recommendation to refuse the application.

The proposal calls for 272 square metres of Outbuildings on the property, where a maximum of 100 square metres is permitted under Local Planning Policy: Outbuildings. Thus the matter is referred to Council for determination.

The proposal complies with all other provisions of the Residential Design Codes and Local Planning Scheme No. 24 that are not overwritten by Local Planning Policy: Outbuildings.

Officer’s Comment

The proposal calls for 272 square metres of Outbuildings on the property. It is noted that the building does not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings as it exceeds both the maximum 100 square metres of Outbuildings permitted in the Residential zone as the 25% maximum variation criteria which would permit up to 125 square metres of Outbuildings on the property subject to neighbor referral.

The applicant has verbally informed Planning Services that the proposed Outbuilding are for the purposes of storage and ablutions.

The structure does not comply with Local Planning Policy: Outbuildings, and as such the Officers Recommendation is for the refusal of the application as per the policy.

Options:

Option 1 (Officers Recommendation):

That Council refuse development application Development Application 10.2019.4016.1 for an oversized Outbuilding (Shed) at Lot 811 (6) Parkland Retreat, Chadwick on the following grounds:

1. The proposal is inconsistent with the provisions of Local Planning Policy: Outbuildings.

Option 2:

That Council approve development application Development Application 10.2019.4016.1 for an oversized Outbuilding (Shed) at Lot 811 (6) Parkland Retreat, Chadwick subject to the following conditions:

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

2. The approved outbuilding(s) 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.

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 (Building Services).

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 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).

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

7. 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.

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT OR BUILDING APPROVAL CERTIFICATE. An application for a building permit or building approval certificate 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 Regulations and the Local Government Act.

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.

Consultation

Neighbour referral was undertaken by Planning Services to the four adjoining landowners between 8 February 2019 and 22 February 2019. No objections were received to the application.

Financial Implications

Application fees totalling $441.00 were received as part of the 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

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 due regard to a Local Planning Policy as required under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

Strategic Community Plan 2012 - 2022

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 ⇩.

Plans

Officer’s Recommendation

That Council refuse development application Development Application 10.2019.4016.1 for an oversized Outbuilding (Shed) at Lot 811 (6) Parkland Retreat, Chadwick on the following grounds:

1. The proposal is inconsistent with the provisions of Local Planning Policy: Outbuildings.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 March 2019 Page 35

Item: 12.1.4

Development Application - Telecommunications Infrastructure - Lot 100 Downes Street, Pink Lake

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

File Ref: D19/5224

Applicant

Visionstream Pty Ltd on behalf of Telstra Corp Pty Ltd

Location/Address

Lot 100 Downes Street, Pink Lake

Executive Summary

For Council to consider an application for Telecommunications Infrastructure located at Lot 100 Downes Street, Pink Lake.

Recommendation in Brief

That Council approve development application 10.2018.3995.1 for Telecommunications Infrastructure at Lot 100 Downes Street, Pink Lake subject to conditions.

Background

Visionstream Pty Ltd has been appointed by Telstra Corp Pty Ltd for the development of Telecommunications Infrastructure at Lot 100 Downes Street, Pink Lake. It should be noted that Telstra Corp Pty Ltd will lease the portion of the site of the proposed tower. The site of the proposed tower is approximately 380 metres from residential properties in the Princess Street/Downes Street residential area. The proposed development includes a 41.4 metre high tower, outdoor cabinets and fencing.

The subject site is a Rural Residential zoned lot, with an area of 3.57ha that is accessed from Downes Street. The site is partially vegetated and features an existing Single Dwelling and ancillary structures which will remain on site.

Under Local Planning Scheme No. 24 (LPS 24), Telecommunications Infrastructure is an ‘A’ use and requires advertising to affected landowners and parties. Public comments were sought in relation to the proposed tower and associated infrastructure with an advertisement in the Esperance Express and referrals to adjoining land owners within 400 metres being undertaken. Five objections were received during the advertising period (Attachments C through G).

According to the report provided by Visionstream the facility is to be operated in compliance with the mandatory standard for human exposure to Electromagnetic Emissions (EME) currently the Radio communications standard 2003. The EME report submitted within the application shows that the maximum predicted EME will equate to 0.31% of the maximum exposure limit at a distance of 50 to 100 metres from the tower with the amount decreasing with distance to 0.11% at a distance between 400 to 500 metres from the tower. This is substantially less than 1% of the maximum allowable exposure limit. A copy of this report is available upon request.

Officer’s Comment

The proposal is assessed against the relevant criteria of Clause 10.2 of the Scheme in the table below.

LPS 23 Clause 10.2 Criteria	Officers Response
Compatibility of use / development	The proposed development is proposed within a Rural Residential zone; as such it is an ‘A’ use in the zone and may be approved subject to notification to affected parties and landowners. The area is not developed to a high density, however there are seventeen rural residential properties, two residential properties, part of the Esperance Senior High School reserve and a number of aboriginal and water corporation reserves within 400 metres of the proposed tower location. Due to this low density the proposed use of the site is seen as being compatible with the surrounding area.
Effect on the natural environment	The site is a Rural Residential zoned lot that has been mostly cleared (approximately 80%). As the proposed development represents a maximum area to be cleared of 108m² on a 35,665m² block, the environmental impact is minimal.
Preservation of amenity of locality.	The proposed development is located approximately 680 metres from Pink Lake Road, 380 metres from the nearest residential lots along Downes Street and 35 metres from the nearest Rural Residential site on Downes Street. Eight dwellings are within 300 metres. This proximity means that there will be some impact due to the structure, largely from impact on visual amenity.
Effect of location, height, bulk, scale, orientation and appearance of proposal	The surrounding land is zoned either Rural Residential or Reserve – Infrastructure and ranges from heavily vegetated and undeveloped, to cleared land and single dwellings. The impact of the height and scale of the development will be minimised due to the isolation of the proposed site and the distance from established residential areas, however some properties will still be affected by loss of visual amenity due to proximity to the proposal.
Adequate access, egress, loading, unloading, manoeuvring and parking of vehicles	The applicant will be responsible for the provision of vehicular access to and from the site.
Traffic generated by proposal and effect on traffic flow and safety	Any traffic impacts associated with construction will be of a short-term duration and are not anticipated to adversely impact on the surrounding road network. In the unlikely event that road closure will be required Telstra will apply to the relevant authorities for permission. Once constructed, the proposal will generate very low levels of traffic due to the infrequent maintenance required by such structures.
Public utilities	The facility will be connected to the Horizon Power network along Downes Street. There are no other service requirements for the facility and there is no waste (water, rubbish etc) generated by the facility.
Impact on community services	The facility would have no impact on existing community services. The granting of planning approval for the proposal would create a significant community benefit through the provision of improved mobile coverage for the Telstra Network as well as co-location opportunities for other carriers and the National Broadband Network.

The facility has been strategically sited and designed to minimise visual impact on the surrounding environment as much as practicable, largely through taking advantage of existing vegetation for screening purposes. In this regard the proposal satisfies the requirements of State Planning Policy 5.2 Telecommunications Infrastructure, whilst also addressing deficiencies in phone coverage in the local area.

It is considered that the proposal will provide an important community benefit to Sinclair and Pink Lake by providing coordinated and open access shared communication infrastructure, and therefore greatly improved mobile phone coverage within the local area.

Consultation

Five objections to the proposal were received during the referral period that raised concerns regarding the development. The main issues raised and planning responses to those issues are summarised in the table below. Please note the full objections are included as Attachments C through G.

Objector & Summary of Issues

Response

Lot 5 (87) Downes Street, Pink Lake

· Visual Amenity

· Interference with existing Tourism activities on property.

· Proximity to Dwellings.

· It is acknowledged that the proposal will have an impact on visual amenity due to its proximity to other Rural Residential properties and the height of the structure. The impact on visual amenity may be ameliorated somewhat by the presence of vegetation in proximity that may partially screen the proposal, but some impact will remain.

· It is unknown what, if any, impact the proposed telecommunications infrastructure will have on the tourism related activities undertaken on Lot 5 (87) Downes Street, Pink Lake.

Lot 94 (8) Downes Street, Pink Lake

· Health concerns regarding Electromagnetic Radiation.

· Proximity to Dwellings.

· Reduction in Property Values.

· The applicant has provided an Environmental Electronic Magnetic Radiation Report that indicates that the proposal will only generate at most 0.31% of ARPANSA (Australian Radiation Protection and Nuclear Safety Agency) exposure limits where 100% is the maximum public exposure limit.

· Potential impact on property values is not a valid planning consideration.

Lot 16 (97) Downes Street, Pink Lake

· Proximity to Dwellings and School.

· Impact on visual amenity.

· Health concerns.

Lot 363 (113) Downes Street, Pink Lake

· Health Concerns/Exposure to Electromagnetic Radiation.

· Impact on character of the area/visual amenity.

· Reduction in Property Values.

· Potential impact on property values is not a valid planning consideration.

Lot 4 Cherry Well Road, Pink Lake

· Health Concerns/Exposure to Electromagnetic Radiation.

· Impact on character of the area/visual amenity.

· Reduction in Property Values.

· Potential impact on property values is not a valid planning consideration.

Several objections also commented on the ‘inappropriate location’ of the proposed telecommunications infrastructure. Telecommunications Infrastructure is an ‘A’ use under Local Planning Scheme No. 24, ‘A’ meaning that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 64 of the Deemed Provisions. As such while the proposal may not meet the objectives of the Rural Residential zone, it is not incompatible with the zone.

It should also be noted that a similar application for a 40m high NBN Tower was refused by the City of Albany. On appeal with the State Administrative Tribunal (2016 WASAT 61) made the following comments:

In relation to impact on visual amenity, the Tribunal determined that the mere fact that part of the proposed development would be visible from various locations did not, of itself, mean that the proposed development would have a negative impact on the visual amenity of the locality. In accordance with State Planning Policy 5.2, factors such as the prominence of the development within the landscape, the extent to which visual aspects of value to the community as a whole might be compromised and the degree to which the development is sympathetic to the surrounding landscape are relevant to this assessment. On the evidence before it, the Tribunal was satisfied that the proposed development would not have an adverse impact on the visual amenity of the locality. There was no dispute that there was a need for effective internet services within the locality and it was determined that the proposed development should be approved.

Financial Implications

Application fees totalling $480.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

· Planning and Development Act 2005

· Local Planning Scheme No.24

· Telecommunications Act 1997

It should be noted that 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

The policy implications arising from this report are

· State Planning Policy 5.2-Telecommunications Infrastructure

· Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012 - 2022

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 ⇩.	Plans
b ⇨.	Application Report - Under Separate Cover
c ⇩.	Objection 1
d ⇩.	Objection 2
e ⇩.	Objection 3
f ⇩.	Objection 4
g ⇩.	Objection 5

Officer’s Recommendation

That Council approve Development Application 10.2018.3995.1 for Telecommunications Infrastructure at Lot 100 Downes Street, Pink Lake subject to the following conditions:

2. The development of the telecommunications infrastructure and associated ancillary works and the ongoing use must not cause erosion or degradation of the subject or surrounding land to the satisfaction of the Shire.

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

4. The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Asset Management Division) – refer enclosed vehicle crossover application form.

5. The driveway/accessway shall be constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

6. 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 within the time and manner directed by the Shire of Esperance (Health Services)

7. Whilst undertaking site preparation works, all areas of exposed sand must be sufficiently treated against possible sand drift through the use of sprinklers or other suitable means. All sand must be contained on-site to the satisfaction of Council.

8. 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).

9. 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 if Esperance

10. 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.

11. 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).

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

13. All fencing must comply with the Shire of Esperance Local law pertaining to Fencing.

AND the following advice notes:

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

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

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

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

7. Advice should be sought from a Licensed Electrical Contractor as the electricity supply to the premises needs to comply with the Electricity Act 1945, Electricity Regulations 1947.

8. If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and ne of not further effect.

9. Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

10. If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 March 2019 Page 55

Item: 12.1.5

Development Application - Single Dwelling, Retaining Walls and associated Earthworks - Lot 498 (67) Twilight Beach Road, West Beach

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

File Ref: D19/5264

Applicant

Cartman Designs on behalf of P H & K M Schemdje

Location/Address

Lot 498 (67) Twilight Beach Road, West Beach

Executive Summary

For Council to consider development application 10.2019.4019.1 for a Single Dwelling, Retaining Walls and associated Earthworks at Lot 498 (67) Twilight Beach Road, West Beach.

Recommendation in Brief

That Council resolve to approve development application 10.2019.4019.1 for a Single Dwelling, Retaining Walls and associated Earthworks at Lot 498 (67) Twilight Beach Road, West Beach, subject to conditions.

Background

An application for a Single Dwelling, Retaining Walls and associated Earthworks at Lot 498 (67) Twilight Beach Road, West Beach was submitted on 9 February 2019. The proposal called for variations to both the Residential Design Codes and to Clause 26 (4) of Part 4 of Local Planning Scheme No. 24 for setbacks to Twilight Beach Road. As such the proposal was subsequently advertised to the adjoining landowners for two weeks between 14 February and 28 February 2019 during which a letter of objection as received from the owners of adjoining Lot 499 (69) Twilight Beach Road, West Beach.

The applicant was advised of the receipt of the objection and has subsequently requested that the application be placed before Council for determination.

Officer’s Comment

Lot 498 (67) Twilight Beach Road is zoned Residential R12.5/20 and is not affected by any Special Control Areas. It is affected by Clause 26 (4) of Part 4 of Local Planning Scheme No. 24 which requires a 7.5 metre primary street setback to Twilight Beach Road, with the application proposing a setback of 4.557 metres. This is in conflict with the majority of dwellings fronting Twilight Beach Road, where a check of aerial photography indicates that the majority of dwellings fronting Twilight Beach Road comply with the 7.5 metre setback. However the unusual arrangement of Twilight Beach Road in front of Lot 498 (67) actually results in the proposed dwelling being located further from the actual road than a substantial number of houses along Twilight Beach Road due to the unusually large road reserve. There are also a number of houses along Twilight Beach Road that have been approved with reduced primary street setbacks.

Consultation:

The application was advertising to the adjoining landowners between 14 February 2019 and 28 February 2019. One objection was received, with the text of the objection located below.

Objection

Officers Comment

The floor level of the proposed house is shown in the plans is up to 2.5m above the natural ground level at the front boundary and side common boundary of the property. The combination of the height of the dwelling (achieved with extensive retaining and fill) and its position so far forward on the block (should the 3m reduction of the setback be permitted) will markedly impact on the privacy I am entitled to enjoy in the front rooms and porch of my home. This lack of privacy is exacerbated by the fact that there is no fence or screening shown on the top of the retaining wall between the front living areas and kitchen of the proposed house and the common boundary overlooking the front living areas of my home. I do also believe the amenity of the surrounding beachside neighbourhood will be negatively impacted by the substantial forward positioning of the proposed house. Existing homes in the area predominantly have substantial setbacks creating a sense of space.

The floor level of these rooms is approximately 2m above the natural ground level of the boundary adjoining my property. The large bench to ceiling kitchen window of the proposed house overlooks and has a direct line of sight into the front living rooms and front porch of my home. The floor to ceiling windows of the living room of the proposed house overlooks my front garden and driveway. As mentioned above, the plans do not show any screening in this area. I would like to see either a 1.8m fence on top of the retaining wall or at least an angled shutter type screen at the window.

The retaining wall on the common boundary is up to 1.9 metres high in places. I have no objection to this retaining wall being situated on the common boundary. The rear approx. 26m of retaining wall has a 1.8m fence on top of it. As above, I would like to see the 1.8m fence extended forward to a point beyond the front corner of kitchen window to reduce oversight into the living areas and front porch of my home. Conversely, I do not wish to be able to see directly into the rooms of their house.

I have no objection to the retaining wall and fill on the common boundary if adequate fencing/screening is in place to prevent the overlook into the rooms of my home.

The objectors concerns regarding potential impact on privacy is noted, however the overlooking issue is directed largely into the front yard and over the driveway. While there may be some degree of impact on the front verandah, and also acknowledging that the design of Lot 499 (67) Twilight Beach Road results in the outdoor living areas being located in front of the dwelling, it has to be considered that the impact on privacy is minimal on the following grounds:

1) Lot 499 (67) Twilight Beach Road does not possess any form of screening or fencing of its front setback aside from several Norfolk Island Pines. As such the front verandah, driveway and open space can be easily observed from the street and car park opposite the property and as such it is considered that there is little or no existing privacy to these areas.

2) The six metre cone of vision setback from the major opening from the combined Kitchen/Dining/Living room overlooks into the driveway of Lot 499 (67) Twilight Beach Road. The six metre cone of vision setback does not intrude onto the front verandah or onto any location where a major opening into the dwelling on Lot 499 (67) Twilight Beach Road is located.

As such per strict interpretation of the Residential Design Codes the proposal should have minimal to no impact on privacy.

The provision of additional fencing or screening was considered, however the applicant has indicated a desire to maintain the views from the property.

The reduced setback for the retaining walls is a logical design choice on a property that possessing a slope like Lot 498 (67) Twilight Beach Road. Impact from the retaining walls should be minimal in this instance due to Lot 499 (67) Twilight Beach Road being on the low side of the retaining walls, and as such will not be undermined or structurally impacted by the retaining walls.

Options:

Option 1: That Council approve Development Application 10.2019.4019.1 for a Single Dwelling, Retaining Walls and associated Earthworks at Lot 498 (67) Twilight Beach Road, West Beach 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) The land and buildings the subject of this approval shall be used for the purposes of Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definition as extracted from the Residential Design Codes).

· Dwelling – 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.

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

4) All retaining walls, earthworks and/or associated drainage shall be undertaken in accordance plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices, as approved by the Shire of Esperance (Building/Asset Management Division).

5) Earthworks are to be in accordance with AS 3798 Guidelines on earthworks for commercial and residential developments.

6) The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Asset Management Division) – refer enclosed vehicle crossover application form.

7) A minimum of two (2) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

8) Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

9) 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).

10) 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.

11) The approved development must be connected to a reticulated water supply provided by a licensed water provider.

12) Prior to the commencement of development, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Esperance (Health Services), in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

13) 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.

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

15) 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).

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

17) A geotechnical report prepared by a suitably qualified geotechnical engineer is to be submitted as part of any application for a Building Permit to the satisfaction of Shire of Esperance (Building Services/Asset Management Division). The scope of the report shall be agreed in advance with the Shire of Esperance and the report as approved shall be fully implemented and completed, but as a minimum will need to verify that the site is capable of sustaining the proposed development and certify that any filling or backfilling has been adequately compacted.

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) Any fencing proposed for the site must comply with the Fencing Local Law.

6) 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.

7) The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

8) Any Applications for the on-site treatment of effluent must be submitted to Shire of Esperance (Environmental Health Services) demonstrating that a system of suitable capacity can be accommodated within the site and that adequate land area will be set aside for the system, and shall include the following information:

Two (2) copies of a modified site plan drawn to a 1:100 scale are requested within 21 days from the date of this correspondence detailing the following information:

A. Proposed location of the onsite waste water treatment and disposal system;

B. Setbacks of the system to buildings, boundaries, trafficable areas, bores and water courses;

9) The approved development is required to comply with the following legislation (as amended from time to time):

· Health (Miscellaneous Provisions) Act 1911

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Health Act (Laundries and Bathrooms) Regulations 1971

10) If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and ne of not further effect.

11) Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

12) If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Option 2: That Council refuse Development Application 10.2019.4019.1 for a Single Dwelling, Retaining Walls and associated Earthworks at Lot 498 (67) Twilight Beach Road, West Beach on the following grounds:

1. The proposal is inconsistent with the Residential Design Codes and Local Planning Scheme No.24, namely it fails to comply with the following:

· The minimum setback to Twilight Beach Road of 7.5 metres;

· The minimum cone of vision setback from habitable rooms other than a bedroom or study of greater than one square metre and elevated less than 1600mm from floor level of 6 metres;

· The minimum setback for a retaining wall of less than 3.5 metres in height and more than 9 metres in length of 1.5 metres;

· More than 0.5 metres of fill proposed within 1 metre of a common boundary.

Financial Implications

Applications fees of $2766.55 are associated with this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

1.) Planning and Development Act 2005; and

2.) Local Planning Scheme No. 24

Policy Implications

The policy implications arising from this report are:

1. Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012 - 2022

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 ⇩.	Plans
b ⇩.	Justification
c ⇩.	Objection

Officer’s Recommendation

That Council approve Development Application 10.2019.4019.1 for a Single Dwelling, Retaining Walls and associated Earthworks at Lot 498 (67) Twilight Beach Road, West Beach subject to the following conditions:

2. The land and buildings the subject of this approval shall be used for the purposes of Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definition as extracted from the Residential Design Codes).

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

4. All retaining walls, earthworks and/or associated drainage shall be undertaken in accordance plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices, as approved by the Shire of Esperance (Building/Asset Management Division).

5. Earthworks are to be in accordance with AS 3798 Guidelines on earthworks for commercial and residential developments.

6. The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Asset Management Division) – refer enclosed vehicle crossover application form.

7. A minimum of two (2) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

8. Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

9. 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).

10. 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.

11. The approved development must be connected to a reticulated water supply provided by a licensed water provider.

12. Prior to the commencement of development, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Esperance (Health Services), in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

13. 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.

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

15. 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).

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

17. A geotechnical report prepared by a suitably qualified geotechnical engineer is to be submitted as part of any application for a Building Permit to the satisfaction of Shire of Esperance (Building Services/Asset Management Division). The scope of the report shall be agreed in advance with the Shire of Esperance and the report as approved shall be fully implemented and completed, but as a minimum will need to verify that the site is capable of sustaining the proposed development and certify that any filling or backfilling has been adequately compacted.

And the following advice notes:

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

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

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

5) Any fencing proposed for the site must comply with the Fencing Local Law.

7) The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

Two (2) copies of a modified site plan drawn to a 1:100 scale are requested within 21 days from the date of this correspondence detailing the following information:

A. Proposed location of the onsite waste water treatment and disposal system;

B. Setbacks of the system to buildings, boundaries, trafficable areas, bores and water courses;

9) The approved development is required to comply with the following legislation (as amended from time to time):

· Health (Miscellaneous Provisions) Act 1911

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Health Act (Laundries and Bathrooms) Regulations 1971

11) Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

12) If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 March 2019 Page 71

Item: 12.1.6

Prioritisation of CSRFF Grant Applications

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

File Ref: D19/5295

Applicant

Internal Report

Location/Address

N/A

Executive Summary

Council is required to endorse and prioritise applications for the current CSRFF Small Grants Round to enable them to be submitted to the department of Local Government, Sport and Cultural Industries. This round there is only one application to be considered

Recommendation in Brief

That Council:

1. Endorse the CSRFF Small Grant Funding application from the Shire of Esperance (being undertaken in conjunction with the Esperance Cycling Club) for $50,000 (ex GST) towards the upgrade of the Esperance Velodrome; and prioritises the application as follows

1. Shire of Esperance

2. Confirm that the 2018/19 Community Grant allocation will be rolled over to be utilised during the 2019/20 year providing this CSRFF application is successful.

Background

The Department of Local Government, Sport and Cultural Industries (DLGSCI) through the Community Sporting and Recreation Facilities Fund (CSRFF) provide financial assistance to community groups and local governments to develop infrastructure for sport and recreation. The program aims to increase participation in sport and recreation with an emphasis on increasing physical activity through well planned facilities. The 2018/19 funding round has $12 million available for allocation.

There are three grant categories:

Small Grants $2,500 - $66,666. Projects must not exceed $200,000. Round 2 closes on the last working day of March 2019

Annual Grants $66,667 - $166,666. Projects must fall within the expenditure areas of $200,001 to $500,000. There is only 1 round closing 30th September 2019.

Forward Planning Grants $166,667 - $2,000,000. There is only 1 round closing 30th September 2019

Applications must be endorsed by Council and prioritised and submitted to the Department of Local Government, Sport and Cultural Industries by the advertised closure dates. Successful applicants for the Forward Planning Grants Round will be advised during May/June 2019.

Since the previous application was lodged for CSRFF funding the Esperance Cycling Club have also been successful in obtaining federal funding towards this project from Sports Australia to the value of $50,000.

Officer’s Comment

There is only one application for this round of CSRFF Small Grants funding. The application process requires the applicable Local Government to prioritise the applications from within the local area. Following review by officer’s this application is believed to be worthy of support. The Velodrome Project is recommended due to it being for upgrade of a playing surface (velodrome) and will be one of only two (outside velodromes) in the State of Western Australia.

The Esperance Cycling Club has previously applied and been approved for Community Grant Funding via the Shire to the value of $32,500 (ex. GST), with the Shire contribution identified within the applications already being approved through the 2018/19 Council Budget. Following the community grant process, the Shire has been working with the Esperance Cycling Club to ensure that the project is delivered in the most cost effective manner. This has resulted in the project now planned to be undertaken by the Shire with assistance from the cycling club, hence the application being in the Shire’s name.

This project applied for funding under the previous CSRFF process but was unsuccessful. In order for this application to progress it also requires Council to endorse the rollover of the Esperance Cycling Club 2018/19 community grant allocation to the 2019/20 year.

The total project cost is $158,910 (ex. GST), and if the CSRFF application is not successful then the project will not continue (unless other funding options can be sourced).

Consultation

The Esperance Cycling Club and Shire Officers have liaised with the Department of Local Government, Sport and Cultural Industries, Goldfields Regional Manager as is required under the grant application process.

The applications have been reviewed by the Club Development Officer and Manager Community and Economic Development.

Financial Implications

There are no additional financial implications arising from this report Council with contributions to both projects already allocated by Council within the current budget, provided Council is supportive of the 2018/19 allocation being carried forward into the coming year.

Asset Management Implications

Nil – the facility will be leased to the Esperance Cycling Club and ongoing maintenance will be their responsibility.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport and recreation opportunities and activities

Develop and promote active and passive sport and recreation opportunities for all ages and abilities

Environmental Considerations

Nil

Attachments

a ⇩.

Shire CSRFF Application for Esperance Cycling Club 2019

Officer’s Recommendation

That Council:

1. Shire of Esperance

2. Confirm that the 2018/19 Community Grant allocation will be rolled over to be utilised during the 2019/20 year providing this CSRFF application is successful.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 March 2019 Page 74

Office Use Only

TRIM: ___________________

Grant No: _____________________

Project Coordinator._____________

CSRFF Small Grants Application Form

For projects up to $200,000 to be acquitted by 15 June 2020

You MUST discuss your project with an officer from your nearest Department of Local Government, Sport and Cultural Industries office before completing and submitting your application. Failure to do so will render your project ineligible.

All applications MUST be submitted to your local government. Contact your local government to determine the cut-off date for the submission of applications.

DLGSC Contact: Erin Bond

Date:

21^st February 2019

Office: Goldfields

Applicant’s Details:

Organisation Name:

Shire of Esperance

Postal Address:

PO Box 507

Suburb:

Esperance

State:

Postcode:

6450

State:

Postcode:

Street Address:

Windich Street

Suburb:

Esperance

State:

Postcode:

6450

State:

Postcode:

Preferred Contact Person:

All application correspondence will be directed to this person

Name:	Shane Tobin		Title:		Dr Mr Mrs Ms
Position Held:	Coordinator Community Development & Events
Business Phone:	(08) 9083 1706	Facsimile:		(08) 9071 0600
Mobile Phone:	0418 557 397	Email:		shane.tobin@esperance.wa.gov.au

Organisation Business Details:

Does your organisation have an ABN?	Yes x	ABN: 60 034 434 085
Is your organisation registered for GST?	Yes x	* Note, in order to be eligible for funding you must attach a copy of the Incorporation Certificate. LGA’s exempt
Is your organisation not-for-profit?	Yes x
Is your organisation incorporated?	Yes No	Incorporation #: *
Bank details:	Bank: CBA	BSB: 066-511	A/c: 10105179

Local Government Authority Details:

LGA:	Shire of Esperance (details as above)
Contact:			Title:	Dr Mr Mrs Ms
Position Held:
Business Phone:		Facsimile:
Mobile Phone:		Email:

PROJECT DETAILS

Project Title (brief and specific): Esperance Velodrome Upgrade
Project Description: Clear bush around the edge of the track and remove roots growth under the track. Remove and replace the 1980s laid asphalt track with a new surface and sealer (at the appropriate/approved camber). This would include providing a flat lane on the inside of track to accommodate learners. Upgrade the entrance road so that it is suitable as a learner practice area. Place a sea container just outside the track for equipment storage and modify to create a viewing/ judge’s platform. Replace the fencing surrounding the track. Upgrade the gateway area to prevent intruders gaining access and install signage.
How did you establish a need for your project? Esperance has a history of track cycling dating back to the mid 80’s when the track was installed by the former cycling club and interest in cycling is growing exponentially in Australia and in Esperance. The Esperance Cycling Club Committee have liaised with many cyclists and supporters at events, talked to the transport industry and noticed many Facebook comments about local road issues. ECC has also received a significant increase in interest in local and visiting cyclists wanting to come to Esperance for events, particularly as Esperance has become more popular to tourists. Esperance Cycling Club is the lease holder of the velodrome and is a fast growing, active and enthusiastic club. During February/March the club delivered a free 5 week ‘Beginners program’ tailored to individual abilities which has put 14 more community members on bikes with vastly increased confidence. The lack of a facility meant the participants had to ride on the roads from the very first lesson which was far from ideal .ECC currently train new riders on roads because the dual cycle/walkways cannot accommodate riders at a reasonable speed safely due to risks with untethered dogs and walkers who often do not hear bikes approaching. As well as the inability to develop those older cyclists who are not comfortable to start riding on the road, the club have been restricted in their ability to grow and develop the younger enthusiasts. Parents and children want to be able to ride and race in a safe environment. ECC have held a small number of events at the Go-Kart track and have had large numbers of children attend. Unfortunately, this has proven to be only a short-term solution. Schools with bike programs and runners have been using the track despite its poor condition and these groups are keen to run more robust programs on the facility if it can be upgraded. There is a new generation of promising competitive riders locally and to develop racing skills they must travel to Perth to get experience in a velodrome. The recent WestCycle WA Strategic Cycling Facilities Review highlighted some of these gaps in regional cycling in detail and named the Esperance Velodrome as a facility in dis-repair that should be upgraded. The Shire Esperance is currently in the process of providing local information for the WA Department of Transport cycling strategy which is moving toward finalisation.
What alternatives were considered and why were they rejected (e.g cost, suitability, feasibility)? There are few alternatives to riding on the road other than dedicated cycle ways along roads, however this would not provide a viable facility for events and would require major costs and a long timeframe to achieve. Riders have utilised the Go Kart track but, at approximately 15 km out of town, its location requires transport to and from (inhibitory for practice), is wind affected and does not offer the range of racing and competition that a velodrome offers.
Have the full lifecycle costs of the project been considered and can you afford the ongoing costs of managing, maintaining and replacing the facility? Will a specific asset replacement fund be created? An Asset Replacement Fund has been established by the ECC and will use fees from other groups accessing the Velodrome as its primary source of income. ECC will also fundraise through locally held cycle events to insure the track is kept in top condition. The Shire of Esperance, as the lessor, will also expect their grounds to be kept to a suitable standard and will inspect the facility from time to time and contact the Club if the facility appears to be declining.
Project location:	Portion of Lot 64 on Plan 226440 being part of the land comprised in Certificate of Title Volume LR3068 Folio 131, Reserve 27626, Thompson Street, West Beach
Land ownership:	Who owns the land on which your facility will be located? The Shire of Esperance Lease Expiry (if applicable): Lease is held by the Esperance Cycling Club Inc, expiring 31 August 2020.
Planning approvals	Approvals not required.	If no, provide the date it will be applied for:
Where applicable, has planning permission been granted? (LGA)		Yes No	___/___/___
Aboriginal Heritage Act?		Yes No	___/___/___
Department of Biodiversity, Conservation and Attractions? (Environmental, Swan River)		Yes No	___/___/___
Native Vegetation Clearing Permit?		Yes No	___/___/___
Please list any other approvals that are required?		Yes No	___/___/___
How will your project increase physical activity? The project will provide a space where complete learners through to professionals can enjoy cycling away from traffic and pedestrians. The flat lane at the centre and the beginners track starting at the entrance make the facility ideal for training beginners and small children- who will then continue to ride. More advanced riders can use the track to hone their skills and compete locally and at other events. Locating Club equipment on the Velodrome will have a large impact on drawing more riders into the club which will ultimately result in a more robust cycling community.
Do you share your facility with other groups? Yes x Despite being in disrepair, number of schools in the vicinity have hired the facility to teach cycling skills. It is also utilised by running groups and triathletes. Opportunity for other users is also being explored.

List the main sport and recreation activities (maximum of 3) which will benefit from your proposal. Please indicate the approximate % usage of the facility (or part of the facility relating to this proposal).

Sport/community organisation	% use of the facility	Hours per week
Cycling	70	28
Triathlon	15	4.5
Running and other groups	15	4.5

Activity/sport membership numbers over the past three years relevant to your project. For example, if a bowls project, golf members not relevant; social membership numbers not applicable.

Note: if membership is not applicable, ie recreation facility or aquatic centre, enter the number of users of the facility.

2016/17

2017/18

2018/19

Currently open

State Sporting Associations are involved in the assessment of applications and may be able to provide valuable information when planning you project, particularly in relation to technical design issues. They should be consulted as part of the application process. A complete list of State Sporting Associations and their contact details are is available on the department’s website: http://www.dsr.wa.gov.au/contact-us/find-a-sport-or-recreation-association

What is the name of the State Sporting Association for your activity/sport?
West Cycle Incorporated
Have you discussed your project with your State Sporting Association? Yes x
Contact Name: Matt Fulton	Date of contact: 26^th April 2018 and ongoing

Ordinary Council: Agenda

26 March 2019 Page 81

PROJECT BUDGET

ESTIMATED EXPENDITURE

Please itemise the components of your project in the table below, indicating their cost and which quote or part of quote was used to estimate this. Quantity Surveyor costs will be accepted however the responsibility lies with the applicant to ensure the validity of the information. A contingency allowance is considered an acceptable component. PLEASE ITEMISE BY COMPONENT (e.g changerooms, storage, kitchen) rather than materials (electrician, plumber, finishings).

Project Description (detailed breakdown of project to be supplied	$ Cost ex GST	$ Cost inc GST	Quote Used (list company name and quote no)

Removal of vegetation. Removal of tree roots on track	Included below	‘’	Mc Ds Earthworks
Reinstate with base course	Included below	‘’	Mc Ds Earthworks
Seal coat prior to asphalt (waterproofing	40050	44550	Mc Ds Earthworks
Asphalt corrector course – 10mm	31360	34496	AAA Asphalt
25mm asphalt top course	46000	50600	AAA Asphalt
1.5m inside lay-off lane (25mm asphalt)	13500	14850	Shire of Esperance
1m wide waterproofing seal at top of track	4500	4950	Shire of Esperance
Earthworks to entrance road	20000	22000	Pat Malone Earthworks
Signage and frame	3500	3850



Donated materials (Please provide cost breakdown)
Volunteer labour (Please provide cost breakdown)
Sub Total	158910	174801
Cost escalation			*Please explain amount used*
a) Total project expenditure			*Low escalation risk due to annual Council Contractors contracts being utilised.*

· At least two written quotes are required for each component.

· If your project is a floodlighting installation or upgrades, please ensure that the power supply is sufficient and no upgrade will be required. If upgrade is required and not budgeted for, the grant will immediately be withdrawn. A lighting plan must be supplied showing lux and configuration.

· Projects that do not meet Australian Standards are ineligible for funding.

Ordinary Council: Agenda

26 March 2019 Page 84

PROJECT ASSESSMENT SHEET

This page is for the use of the relevant Local Government Authority to be used for both community and LGA projects. Please attach copies of council minutes relevant to the project approval.

Name of Local Government Authority: Shire of Esperance

Name of Applicant: Shire of Esperance

Note: The applicant’s name cannot be changed once the application is lodged at DLGSC.

Section A

The CSRFF principles have been considered and the following assessment is provided:

(Please include below your assessment of how the applicant has addressed the following criteria)

All applications

	Satisfactory	Unsatisfactory	Not relevant
Project justification
Planned approach
Community input
Management planning
Access and opportunity
Design
Financial viability
Co-ordination
Potential to increase Physical activity
Sustainability

Section B

Priority ranking of no of applications received	Only one application received and given priority
Is this project consistent with the	Local Plan Regional Plan
Have all planning and building approvals been given for this project?	Yes No
If no, what approvals are still outstanding?

Project Rating (Please tick the most appropriate box to describe the project)

A	Well planned and needed by municipality
B	Well planned and needed by applicant
C	Needed by municipality, more planning required
D	Needed by applicant, more planning required
E	Idea has merit, more planning work needed
F	Not recommended

· Please complete the questions attached. This assessment is an important part of the CSRFF process and your answers to these questions assist the committee make their recommendations, even if you are the applicant. Please provide a summary of any attachments in your assessment, rather than referring to attachments or external documents such as Council Minutes.

1. Please confirm your contribution to the project, whether it has been formally approved (including financial year for which it is approved) and any conditions on the funding. If no funding has been provided, why not?

Shire contribution has been approved by Council

2. A) If a community group application: Do you believe the project is financially viable, including the applicant’s ability to provide upfront contributions, ongoing payments and contributions to an asset replacement fund. Does council commit to underwriting any shortfalls as the ultimate asset owner?

B) If a council application: Is Council fully aware of the ongoing cost of operating and maintaining this facility and does your organisation have the capacity to service it into the future? How are the user groups contributing to the ongoing cost of operating the facility?

Ongoing sustainability has been considered. Project is being delivered by the Shire with support from the local cycling club who are also providing both cash and in-kind support.

3. Please provide any additional comments regarding this applications merit against the assessment criteria to support your project rating and ranking.

Signed

Position Director External Services

Date 5^th March 20-19

Applications for CSRFF funding must be submitted to your Department of Local Government, Sport and Cultural Industries office by 4pm on 29 March 2019. Late applications cannot be accepted in any circumstances.

DLGSC OFFICES

PERTH OFFICE

246 Vincent Street

Leederville WA 6007

GPO Box R1250

Perth WA 6844

Tel: (08) 9492 9700

PEEL

Suite 94

16 Dolphin Drive

PO Box 1445

Mandurah WA 6210

Tel: (08) 9550 3100

PILBARA

Karratha Leisureplex

Dampier Hwy, Karratha

PO Box 941

Karratha WA 6714

Tel: (08) 9182 2100

SOUTH WEST

80A Blair Street

PO Box 2662

Bunbury WA 6230

Tel: (08) 9792 6900

GREAT SOUTHERN

22 Collie Street

Albany WA 6330

Tel: (08) 9892 0100

GASCOYNE

15 Stuart Street

PO Box 140

Carnarvon WA 6701

Tel: (08) 9941 0900

GOLDFIELDS

Suite 1, 349-353 Hannan Street

PO Box 1036

Kalgoorlie WA 6430

Tel: (08) 9022 5800

KIMBERLEY – Broome

Unit 2, 23 Coghlan Street

PO Box 1476
Broome WA 6725
Telephone (08) 9195 5750

WHEATBELT - NORTHAM

298 Fitzgerald Street

PO Box 55

Northam WA 6401

Tel: (08) 9690 2400

WHEATBELT – NARROGIN

Narrogin Leisure Centre

50 Clayton Rd

Narrogin WA 6312
Telephone 0429 881 369

MID-WEST

Level 1, 268-270

Foreshore Drive

PO Box 135

Geraldton WA 6531

Tel: (08) 9956 2100

Ordinary Council: Agenda

26 March 2019 Page 86

Item: 12.1.7

Proposed Direction Notice - Planning and Development Act 2005

Author/s	Geoff Collins	Compliance Officer
	Paul Clifton	Manager Development & Statutory Services
Authorisor/s	Terry Sargent	Director External Services

File Ref: D19/5082

Applicant

Internal

Location/Address

Lot 589 Stearne Road Monjingup, Western Australia 6450

Executive Summary

It is proposed to require the occupier of Lot 589 Stearne Road Monjingup Western Australia 6450 (the Property) to remove the unauthorised development utilising the legislative tools provided by sections 214(2) and 214(3) of the Planning and Development Act 2005.

Recommendation in Brief

That Council authorise the Chief Executive Officer to serve a Direction Notice issued under sections 214(2) and 214(3) of the Planning and Development Act 2005, to require the occupier of the Property to:

a. Cease the unauthorised development effective immediately; and

b. Require the removal of the unauthorised development and restoration of the land within two (2) months; or in the alternative

c. Seek and obtain a development approval within two (2) months

Background

A service request was received on 30 May 2018 from a neighbouring land owner, concerned about the placement of a large transportable accommodation building (the Building) on the Property.

Upon attendance at the Property, Shire Officers confirmed that the Building had been placed within a short distance of the boundary of the Property. It contains six rooms, none of which appeared to be occupied at the time. Neither a Development Approval nor Building Permit had been sought, therefore it is considered to be an unauthorised development.

Officers were initially unable to contact the owner Johann Laycock, however the tenant David Tuwhangai was located and engaged on 13 July 2018. He indicated that he had placed the Building on the Property with the owner’s consent and that it was intended for use as shearer’s quarters.

Mr Tuwhangai was requested to seek approval and was advised that ultimately the current position of the Building in close proximity to the boundary was not likely to be an acceptable location. No applications were submitted, despite several verbal and written requests being made.

On 31 October 2018, in the absence of any response from Mr Tuwhangai a letter seeking approval was sent to the owner Ms Laycock, with a copy sent to Tuwhangai. Ms Laycock gave advice on 30 November 2018 that no approvals would be sought and the Building would be removed. No commitment was given about a date for removal and it was indicated that this action would be undertaken by Mr Tuwhangai. Requests made to both parties for an estimation of a date of removal have not received a response.

On 7 February 2019 a letter was sent to Ms Laycock seeking reasons why a Direction Notice (Notice) issued under the provisions of the Planning and Development Act 2005 should not be served. A copy of this letter was sent to Mr Tuwhangai. No response was received within the 14 day period indicated.

On 27 February 2019 Ms Laycock was contacted by phone. She advised that she was now prepared to seek approval on behalf of Mr Tuwhangai, however could not decide upon what was to be proposed. She believes that he will next be in Esperance in May 2019. Attempts were made to contact Mr Tuwhangain by phone and email, without any response.

On 28 February 2019 Ms Laycock attended the Shire and discussed the situation with officers. She was alerted that a Development Approval may not be possible, dependent upon what was proposed and the location. She was invited to discuss this further with the technical officers in the Shires Planning Services, however she declined to do so. Ms Laycock also indicated that she does not have the financial means to submit the application or to undertake any works.

No further contact has been made and no applications have been lodged by either Ms Laycock or Mr Tuwhangai.

Photos have been taken of the Building.

Approximate location of Building marked with a cross on a GIS aerial dated March 2018.

Officer’s Comment

The owner and occupier have been engaged either together or separately upon 15 occasions, commencing in June 2018. Varied responses have been received, indicating that the Building will be removed or that approval will be sought. To date no Development Applications have been received and no commitment for removal has been confirmed.

A timeline providing an chronological overview of events follows:

Date	Event / Action
30/05/3018	Customer Service Request received
31/05/2018	Site Inspection from street
06/06/2018	Officer attempts to contact owner. Message left to contact Shire
19/06/2018	Site Visit. No persons present. Message left to contact Shire
22/06/2018	Occupier leaves a message at Shire, providing a phone contact number
22/06/2018	Officer attempts to contact occupier. Message left to contact Shire
13/07/2018	Officer attempts to contact occupier. Message left to contact Shire
13/07/2018	Occupier contacts Shire, confirming that he owns the Donga
13/07/2018	Email sent to occupier detailing concerns and process to resolve. Actions requested to be commenced within 28 days
17/08/2018	Email to occupier: Request for a response
17/08/2018	Response received, no demonstrable action taken
21/08/2018	Email to occupier: request for a response within 14 days
07/09/2018	No response received. Site Inspection, no persons present
13/09/2018	Officer attempts to contact owner. Message left to contact Shire
31/10/2019	Letter sent to owner and occupier requesting action within 28 days
30/11/2019	Owner leaves a message at Shire, providing a phone contact number
04/12/2018	Email to owner requesting timeframe to resolve issues
18/12/2018	Site Inspection, no progress
03/01/2019	Site Inspection, no progress
04/1/2019	Letter sent to owner and occupier with a request for information
08/01/2019	Contact attempt with both owner and occupier. Message left to contact Shire
22/01/2019	Site Inspection, no progress
06/02/2019	Proposed Direction Notice issued to owner, requesting a response within 14 days
07/02/2019	Occupier advised of Proposed Direction Notice
27/02/2019	Contact attempt with owner and occupier. Message left to contact Shire
27/02/2019	Owner Contacted, Notice discussed
28/02/2019	Email to occupier and owner, requesting information within 4 days.
28/02/2019	Further discussions with owner, urgent response requested

It is relevant that the assessment of any Development Application will be problematic on the Property as it includes a dwelling, an unfinished shed and other minor structures which do not possess the required approvals. The dwelling was constructed around 10 years ago without the required Building Licence, whilst all other structures require Development Approvals at the least. The owner Ms Laycock has been advised that these matters will need to be resolved in the future.

Initially the occupying tenant David Tuwhangai was the recipient of requests made by Shire officers with respect to the Building. In the absence of a response, the addressee was changed to the owner Johann Laycock, however the occupier was provided with a copy of all documentation.

Although Ms Laycock was named in a recent letter indicating that a Direction Notice may be served, it is considered that Mr Tuwhangai is the most appropriate recipient for the Notice, particularly considering that Ms Laycock may not be legally entitled to undertake removal of the Building whilst it is subject to some form of tenancy agreement. It is relevant that this letter advising of the consideration of a Notice is not a required act under legislation as a Direction Notice serves to provide time for any actions to be completed.

The proposed Direction Notice subject to this recommendation is Attachment A.

Consultation

Nil

Financial Implications

Should the Notice not be heeded, removal could be affected or legal action considered by Council. Recovery of costs as a debt for removal of the unauthorised development could be sought from the courts under the provisions of section of section 215(2) of the Planning and Development Act 2005.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Planning and Development Act 2005

Building Act 2011

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 .

DRAFT - Compliance Direction Notice 214 (3) - Unauthorised Development - 075.2016.00000435.001 - Lot: 589 Pln: 88890 - 98 Stearne Road MONJINGUP 6450 - Confidential

Officer’s Recommendation

That Council authorise the Chief Executive Officer to serve a Direction Notice issued under sections 214(2) and 214(3) of the Planning and Development Act 2005, to require the occupier of the Property to:

a. Cease the unauthorised development effective immediately; and

b. Require the removal of the unauthorised development and restoration of the land within two (2) months; or in the alternative

c. Seek and obtain a development approval within two (2) months.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 March 2019 Page 93

12.2 Asset Management

Item: 12.2.1

Verge Development contribution Request - 30 Mitchell Street

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

File Ref: D19/5638

Applicant

Mrs. Jeanette Murray

Location/Address

30 Mitchell Street

Executive Summary

For Council to consider developing the Matthew Street side verge adjacent to 30 Mitchell Street.

Recommendation in Brief

That Council does not support the request to develop or contribute to the verge on Matthew Street, Castletown, outside 30 Mitchell Street.

Background

In May 2017 it is understood Mrs Jeanette Murray purchased a vacant block on the corner of Mitchell and Matthew Street. All blocks on this side of Matthew street have a 16m wide verge due to the overall width and alignment of the Matthew Street Road Reserve. There is also a sewerage line that runs along the Mrs Murray’s side of Matthew Street, however there is no actual easement associated with the sewerage line. Mrs Murray has subsequently built a residential premise on the block.

On 31 December 2018 Mrs Jeanette Murray requested the Shire’s assistance in developing the Matthew Street verge of her property on 30 Mitchell Street property. In this initial request Mrs Murray acknowledged that landscaping of the verge joining a property is the responsibility of the property owner, however sought Council assistance due to the width of the verge, and that she believed improving the verge would benefit tourists and residents that use it as a walkway to the beach.

Shire Officers responded, advising that this request is outside Council policy ASS 008: Road Verge Development, which does not provide for the Shire to contribute to the development of street verges of adjacent land owners. Mrs Murray was also provided options to assist her, being the placement of two (2) street trees, or the Shire could provide some basic landscaping to stabilise the verge at her cost. Mrs Murray was also encouraged to contact local service organisation that may be able also to assist her. As Shire Officers (including the CEO) cannot exceed Council Policy, Mrs Murray has requested Council formally consider her request for assistance:

“Dear Mr Scott,

Thank you for your advice. I accept that a standard 6m wide verge is the responsibility of the landowner to landscape and maintain. The 16m wide verge on the Matthew Street boundary of my corner property is effectively a standard 6m wide verge plus a 10m wide easement for services. Whilst a verge of this width is not unique, it is very uncommon, and a very different situation to a comparable width verge adjoining a semi-rural or industrial lot. It does seem inequitable to have no assistance with some basic ground stabilisation taking into account that on the Matthew Street boundary this is a 370sqm verge adjoining my 450sqm residential lot.

The consensus from the many residents of the wider community I have spoken with including those in Matthews St are all very supportive of my request for assistance and thought Council could alter their policy in certain individual cases. I therefore would like this raised at the next available Council meeting for consideration.”

Officer’s Comment

Council has a policy on Road Verge Development (ASS 008: Road Verge Development), which provides for how road verges can be developed by adjacent land owners. The fact that the verge is on the larger side is not a consideration in the policy.

Council has effectively 2 options to respond to Mrs Murray’s request, being:

· Enforce the current policy position, which effectively makes it the adjacent land owner responsible to develop the street verge; or

· Provide a contribution and/or develop Mrs Murray’s verge.

In considering these options, Council needs to consider the wider ramifications of this request, if Council agree to pay for and develop this verge: Will there be an expectation that it will be requested to pay for and construct other verges in the Shire? How will past land owners who have already paid for and constructed their verge, including in Matthews Street, consider this request?

Though synthetic to Mrs. Murray’s situation, in line with Council current policy position, it is recommended that Council does not support the request to provide assistance with the verge development.

Alternatively, Council could scalp the verge with 10mm stone, 50mm thick, which would stabilise the verge (as per Mrs Murray request), but cost approximately $2,000. This would require a budget variation, as per policy, Council has not provided for this expense in the current budget.

Alternative recommendation:

That Council:

1. Approve the request to construct the verge on Matthew Street, Castletown, outside 30 Mitchell Street.

2. Approve a budget variation as follows

Description		Budget Figure	Amended Figure	Variation
Matthew Street Verge Construction	New	0	2,000	(2,000)
Budget Surplus			(2,000)	2,000
Net result				0

Voting Requirements: Absolute Majority

Consultation

Mrs Murray

Financial Implications

If Council resolved to provide assistance to Mrs Murry, an estimated cost of $2,000 would be required to scalp the verge with 10mm stone, 50mm thick.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Policy ASS 008: Road Verge Development

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

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

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council does not support the request to construct the verge on Matthew Street, Castletown, outside 30 Mitchell Street.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 March 2019 Page 96

12.3 Corporate Resources

Item: 12.3.1

Compliance Audit Return 2018

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

File Ref: D19/5094

Applicant

Corporate Resources

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the recommendation from the Audit Committee and adopt the 2018 Shire of Esperance Compliance Audit Return (CAR) as required pursuant to Section 7.13(1)(i) of the Local Government Act 1995, and Regulation 14 of the Local Government (Audit) Regulations 1996.

Recommendation in Brief

That Council adopt the 2018 Shire of Esperance Compliance Audit Return pursuant to Regulation 14(3) of the Local Government (Audit) Regulations 1996 as attached.

Background

As in previous years, local governments have been required to complete a CAR by the Department of Local Government and Communities for each calendar year.

The 2018 CAR contains 95 questions across 9 categories formulated around the Local Government Act 1995 and associated regulations. Categories and questions are completed by the relevant Shire Officers and presented to Council through the Audit Committee for adoption.

A copy of the 2018 Shire of Esperance CAR is attached for reference.

The Audit Committee met on the 5^th March and resolved the following;

Moved: Cr McMullen

Seconded Mr K Mills

AU0319-043

Committee Recommendation

That the Audit Committee recommend to Council the adoption of the 2018

Shire of Esperance Compliance Audit Return pursuant to Regulation 14(3)

of the Local Government (Audit) Regulations 1996.

CARRIED

Officer’s Comment

The Compliance Audit Return has identified no areas of non-compliance within the Shire of Esperance during 2018.

Question 4 of the Integrated Planning and Reporting section was answered ‘No’, however this is not seen to be non-compliance due to the question being optional and the Shire’s Strategic Community Plan being adopted in September 2017 and no amendments being made to the Plan since its adoption.

Consultation

Asset Management

Corporate Resources

Executive Services

External Services

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – Section 7.13(1)(i)

Local Government (Audit) Regulations 1996 – Regulation 14

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 L1.4 Manage Corporate Reporting

Environmental Considerations

Nil

Attachments

a ⇩.

Shire of Esperance Compliance Audit Return 2018

Audit Committee Recommendation

That Council adopt the 2018 Shire of Esperance Compliance Audit Return pursuant to Regulation 14(3) of the Local Government (Audit) Regulations 1996.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 March 2019 Page 109

Item: 12.3.2

2018/19 Budget Review

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

File Ref: D19/5714

Applicant

Corporate Resources

Location/Address

Internal

Executive Summary

For Council to consider the recommendation from the Audit Committee to adopt the 2018/19 Budget Review as per the legislative requirement.

Recommendation in Brief

That Council adopt the 2018/19 Budget Review.

Background

Council undertakes a Budget Review to assess the impact of actual events upon the adopted budget. The Budget Review document contains actual transactions up to the end of December 2018 and also a predicted figure for each account till the end of the financial year. The predicted figures attempt to quantify the likely difference that invariably occurs between the budget and the end of the financial year actual result.

A detailed dissection of the income and expenditure variations is supplied as an attachment. The report lists all accounts which have a variance (surplus or deficit) from which was estimated in the annual budget. All of the variances shown require Council approval by Absolute Majority to adjust the original budget. If Council resolves to adjust the budget as per the attachment, it will provide a predicted $4,210 surplus by 30 June 2019.

The Audit Committee considered the budget review at its meeting held on the 5 March 2019 and resolved the following-

Moved: Cr McMullen

Seconded: Mr K Mills

AU0319-001

Officer’s Recommendation

That the Audit Committee recommends Council adopt the 2018/19 Budget Review.

CARRIED

F4 - A0

Officer’s Comment

The Budget Review has been compiled in the statutory reporting program format similar to the monthly financial report. Four columns of information have been presented as follows:

1. The first column being the Council’s adopted budget

2. The second column contains the actual result recorded to 31 December 2018

3. The third column contains the actual result recorded to 15 February 2019

4. The fourth column being the predicted result to the 30 June 2019

Revenue is presented without brackets and expenditure is presented in brackets eg (100,000).

The Budget Review process is essentially designed to ensure that the adopted budget is being adhered to and that there are no material variances that may cause a deficiency in “cash” to occur at financial year’s end.

A balanced budget was adopted by Council for the 2018/19 Budget.

Since adoption budget amendments have been presented and adopted by Council resulting in a $47,000 deficit position.

The main variations which have been identified since budget adoption are outlined below:

· The net movement for depreciation is a $77,000 decrease. There was a significant increase in depreciation for the infrastructure class. Fair value of infrastructure occurred last year and the effect to depreciation was unknown at time of budget preparation. There was also an increase in road making plant depreciation with a couple of new (opposed to replacement) budgeted purchases occurring during the year. Offsetting these increases is the removal of the turf club and golf course buildings and infrastructure from the asset register as part of the 2018 audit.

· The Building Maintenance program that is municipal funded has increased by about $54,000. Reserve transfer in from Building Maintenance Reserve has been increased under Civic Centre to offset this increase.

General Purpose Funding

· Financial Assistance Grant funding was $175,000 more than expected.

· There is a net increase for interest earnings of $23,000. This included a decrease in Municipal interest earnings and an increase in Reserve interest earnings.

Governance

· Worker compensation insurance increase due to a performance based adjustment for earlier years.

· Increase in Community Support grant for the Bushfire Risk Management project that Mel Ammon is undertaking. Expenditure accounts have been adjusted accordingly in the same area.

· The budget for the Edge of the Bay event classified under Programs and Events in Community Support has been increased by $10,000 because the Shire received extra funding from Southern Port Authority, Western Australian Police Force, Horizon Power and Healthways.

· Professional Services budget for Corporate Resources has been decreased as Civica ASA will not be purchased this financial year.

· The budget for Indigenous Land Use Agreement Development with Tjaltjraak project has been reduced from $30,000 to $15,000 as it is not envisaged it will all be required this financial year.

· Bank fees (merchant fees) have been increased due to the volume of payments made by credit cards.

Law, Order & Public Safety

· A decrease in Emergency Management operating contributions and capital purchases of $350,000 as it is unlikely the Shire will receive two new fire trucks this year.

· Firefighting and strategic firebreak expenditure has been increased based on increased activity in this area.

· Grant income and corresponding expenditure for $60,000 has been included in budget under Emergency Management for Unallocated Crown Land (UCL) Mitigation project.

· Budget for Professional Services ($20,000) under Emergency Management is no longer required for the Bushfire Risk Management project as funding has now been received from DFES instead.

· The Shire has been successful in receiving DFES funding for new fire brigade sheds for Quarry Road, Coomalbidgup and Mt Howick fire brigades. This is an increase of $924,000.

Health

· Reimbursements and Administration Expenses for Environmental Health have both increased by $40,000 for potential asbestos clean-up of a residential property. A separate agenda item will be presented to Council regarding this in February.

· Environmental Health Employee Costs have been decreased and Professional Services have been increased by the same amount to account for a contract health officer who has been working in Health for 4 weeks.

Education & Welfare

· There has been a slight increase in Home Care funding and this is reflected in the Budget Review.

· There has been a slight increase in Volunteer Resource Centre funding and this is reflected in the Budget Review.

Community Amenities

· Cemetery Burial Fees have been reduced along with the corresponding burial expenses based on year to date actuals.

· The Shire has been successful in receiving funding from State Natural Resource Management (NRM) for $24,300 for Collation of Weed Data in Esperance Shire. This income and expenditure is reflected in the budget review under Environmental Services.

· Building maintenance budget has been increased for the Tanker Jetty and Twilight Beach toilets.

· Income and expenditure have been increased evenly for salary sacrifice rental agreements under Strategic Planning and Land Projects.

· Wylie Bay Waste Facility fees overall have been increased based on year to date actuals.

· Various Wylie Bay operating costs have increased or decreased with a net increase of $112,000. However $51,000 is the loss on disposal of the front end loader that was not included in the original budget.

Recreation & Culture

· Fees and Charges for Bay of Isles Leisure Centre have been reduced for the pool due to a 13 week maintenance closure. Dry Membership income has been reduced as well based on year to date actuals. Wages for these areas have also been reduced to offset the decrease in income.

· Civic Centre budgets have not changed much other than the increase in Building Maintenance Reserve transfer in (as discussed above) to reconcile the Building Maintenance program budget.

· The Club Development cost centre has been amalgamated with Community and Economic Development cost centre. As three employees cross over a number of areas eg Civic Centre, Community Events, Club Development it made sense to have all the funds in the one bucket.

· The Shire was successful in receiving funding for Beach Emergency Numbering (BEN) Signage as per budget amendment resolved by Council in September 2018. This income and expenditure is now reflected in the Budget under Coastal Infrastructure.

· Twilight Beach Restoration and Alexander Bay Foredune have had an increase in budget as extra funds are required to finish the projects. Alexander Bay has been completed and Twilight is close to completion.

· The museum has recently applied and waiting on approval from Lotterywest for funding for the Interpretation Plan. At budget adoption time Council approved to allocate $7,000 for this project, however funding would be required to complete this project. This project will not go ahead if funding is not secured. The budget now reflects the grant income and matching expenditure.

· Building maintenance budget has been increased for Period Village buildings; Salmon Gums School; Court House; and Matrons Old Quarters. Maintenance includes painting, replacement of eaves, battens, fascia, floor, and balustrades.

· Parks Capital has had an increase in budget income and expenditure of $249,000. This is for Adventureland Park upgrade. Funding application has been sent to Lotterywest for $185,000 and the Shire is still waiting on approval. $24,000 has already been approved from the 100s and 1000s Womens’ Walk and $40,000 from Rotary. Contribution ($7,000) from Horizon Power for the solar bench project was not included in budget but has since been received and now included in budget. The budget review also includes $50,000 increase in the Lake Monjingup Rebuild (previously approved by a budget amendment in November) funded from the Priority Projects reserve. Also included is a new irrigation system for Victoria Park that was identified during routine maintenance.

· Two self-supporting loans have been approved by Council since budget adoption, $60,000 for Esperance Bay Yacht Club and $200,000 for Gibson Football Club. These are now reflected in the budget.

· Sporting Complexes is showing a large reduction in expenditure, this is the depreciation on the turf club and golf course buildings that are no longer on the asset register.

Transport

· The Road Making Plant purchases budget has been reduced to reflect savings in various plant purchases to what was budgeted.

· Rural ($103,000) and Town ($50,000) road maintenance budgets have been increased based on year to date actuals. Depreciation ($144,000) has also increased after fair value was completed last year on infrastructure.

· There has been an increase in Blackspot and Main Roads Direct Grant funding. This increase was presented to Council in October as a budget amendment and is now reflected in the budget review.

· Cemetery Carpark required further funds and has been increased and Twilight Beach Car Park 2 has been reduced. The net increase for car parks is $25,000.

Economic Services

· It is anticipated that the Esperance Seafront Caravan Park will exceed their budgeted income based on year to date actuals by $148,000. Offsetting this is an increase in Professional Services ($15,000) for a specialist to assist with developing an Expression of Interest document to lease, operate or contract manages the caravan park. This was approved by Council in October by a budget amendment. Council also approved $22,000 to purchase three on-site caravans and annexes in September and October. Water charges for the caravan park have also been increased by $60,000 due to a water leak and higher tariff price per litre. Electricity charges have also been increased by $10,000. Due to fair value on infrastructure occurring last financial year, the depreciation for the caravan park has increased significantly by $90,000.

· As mentioned above, Community Development Officer cost centre has been amalgamated with Community and Economic Development. There will be no further income/expenditure from Kidsport as payments will be paid directly to the club involved.

Other Property & Services

· Outside Works reimbursements for workers compensation claims have been decreased by $40,000 based on year to date actuals and what is currently known of outstanding claims.

· Fuel costs have been increased by $100,000 based on year to date actuals. Offsetting this is a decrease in scheduled and unscheduled vehicle repairs by $73,000.

· Private Works income and expenditure has been increased due to a known significant private works job in the future.

In conclusion the Budget Review is a good result. The original budget commenced as a balanced budget with subsequent budget amendments resulting in a $47,000 deficit.

After the budget review as at 31 December 2018 the expected budget position is now a small surplus of $4,210. This is after budgeting to transfer an extra $75,000 into the Plant Replacement reserve from plant purchase savings. All in all a net saving of $126,000.

Consultation

Executive Services

Corporate Resources

External Services

Asset Management

Financial Implications

As detailed in the attached Budget Review documentation.

Asset Management Implications

Nil

Statutory Implications

Local Government (Financial Management) Regulation 1996 – 33(a) Review of Budget

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Corporate Business Plan 2017/2018 – 2020/2021

Provide responsible resource and planning management for now and the future

Environmental Considerations

Nil

Attachments

a ⇩.

Budget Review 2019

Audit Committee Recommendation

That Council adopt the 2018/19 Budget Review.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 March 2019 Page 205

February 2018
12 February 2018	Lease - Esperance Netball Association Inc.
14 February 2018	Transfer of Land Lot 252 on Plan 69443 Volume Folio #2795/538 – 85 Walmsley St, Bandy Creek
14 February 2018	Grant of Right of Burial #2891 #2890 #2889 #2888 #2886 #2885 #2884 #2883 #2880 #2892 #2879 #2878 #2881 #2882 #2887 #2893 #2894 #2898 #2899 #2900
20 February 2018	Air Services Australia -Extension and Variation of Lease
20 February 2018	Grant of Right of Burial; 2901, 2902, 2905, 2906, 2907, 2908, 2909, 2910, Res #92
March 2018
21 March 2018	Local Planning Scheme No 24 – Amendment No 1
26 March 2018	Transfer of Land – Form T2
28 March 2018	Licensing Agreement – department of Transport and the Shire of Esperance
April 2018
11 April 2018	Assignment of Lease – Old Court House – Museum Village
23 April 2018	MOU – Protection of the VC Graves
30 April 2018	Grant of Right of Burials 2911, 2912, 2913, 2914, 2915, 2916, 2917, 2918, 2919, 2920, 2921, 2922
May 2018
8 May 2018	Notification under Section 70a – Lot 42 & 43 on deposited Plan 411494 – Mains Water
8 May 2018	Notification under Section 70a – Lot 42 & 43 on deposited Plan 411494 – Reticulated Sewage
11 May 2018	Grant of Right of Burials; 2925, 2926, 2924, 2927, 2923
June 2018
01 June 2018	Transfer of Land – Lot 251 on Deposited Plan 69443 – Lot 251 – Walmsley Street, Esperance
01 June 2018	Local Planning Scheme 24 - Amendment No 3
01 June 2018	Lease – Andre Aston – The Shire of Esperance – Tanker Jetty Site No 3
05 June 2018	Grant of Right of Burials; 2931, 2932, 2930, 2929
06 June 2018	Grant of Right of Burials; 2934, 2935, 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943
12 June 2018	Grant of Right of Burials; 2945, 2944, 2948, 2950, 2951, 2949, 2954, 2904
13 June 2018	Grant of Right of Burial; 2953
22 June 2018	Transfer – Portion of Land begin lot 500 DP 407026 for a portion of LT558 DP 164679
22 June 2018	Transfer of Land LT 19, 15 Gibson Street: 21 Gibson Street; 27 Gibson Street
27 June 2018	Authority to publish – Shire of Esperance Fencing Local Law
July 2018
13 July 2018	Notification – S70A – Location 336 on Deposited Plan
13 July 2018	Appointment of Settlement Agent for Vendor – Transfer Land – Chartwell Lane
13 July 2018	Signing of Agreement – Goldfields Records Storage Management

August 2018
14 July 2018	Grant of Right of Burial #2913
21 August 2018	Lease – extension – Air Services Australia
22 August 2018	Local Planning Scheme No 24 Amendment No 3
September 2018
6 September 2018	Lease – Esperance Senior Citizens Centre Inc
7 September 2018	Loan Agreement – NCFC & The Shire of Esperance
13 September 2018	Assignment of Lease – Old Doctors Surgery – Brodeine Bratten
18 September 2018	Section 70A Notification – Noise Impact – Lot 107 Springfield Street – PI20600
18 September 2018	Customer Funded Works Agreement Foreshore Toilets
October 2018
12 October 2018	Lease – Goldfields Air Services
24 October 2018	Local Planning Scheme Amendment No2 – Application to Department of Planning Lands and Heritage
26 October 2018	Deed of Licence – Shire of Esperance & Southern Ports Authority
November 2018
7 November 2018	Proof of Residency – Dr W Speelman
December 2018
4 December 2018	Proof of Residency – J Cliff
4 December 2018	Esperance Bay Yacht Club – Self Supporting Loan Documents
12 December 2018	NDIS Application
13 December 2018	Reserve Plot 58 – Dixie Joseph Pozzi – Salmon Gums Cemetery Grant of Right of Burial
18 December 2018	Lease – David McDermott & Kerry Dixon T/A Mermaid Leather
18 December 2018	Surrender of Lease – Mary Joy Imelda M Nicholas T/A Spudelicious
January 2018
21 January 2019	Lease – Esperance Crisis Accommodation Service Inc. Hicks Street Property
21 January 2019	Lease – Esperance Bay Remote Control Car Club and the Shire of Esperance
February 2018
15 February 2019	Lease – Veteran Car Club of WA Inc
15 February 2019	Self-Supporting Loan – Gibson Football Club
25 February 2019	Transfer of Land – Lot 86 on Deposited Plan 222408
28 February 2019	Local Planning Scheme 24 – Amendment No4

Ordinary Council: Agenda

26 March 2019 Page 208

Item: 12.4.3

Disposal of a Portion of Lot 50 Wylie Bay Road - Ocean Grown Abalone Ltd

Author/s	Matthew Scott	Chief Executive Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D19/6093

Applicant

Shire of Esperance

Location/Address

The Southern Portion of Lot 50, Wylie Bay Road

Executive Summary

For Council to consider the submissions received regarding the disposal of a portion of Lot 50 Wylie Bay Road to Ocean Grown Abalone Ltd (Ocean Grown).

Recommendation in Brief

That Council note the submissions received and provide authority to Chief Executive Officer (CEO) to execute the necessary agreements to progress the disposal of a portion of Lot 50 Wylie Bay Road to Ocean Grown.

Background

At the February Ordinary Council Meeting (OCM), Council resolved:

O0219-040

That Council

1. Instruct the Chief Executive Officer to:

a. Commence the disposal of property process, via a Public Notice as per Section 5.58(3)(a), Local Government Act 1995, for a portion of Lot 50, Wylie Bay Road as per the offer provided by Ocean Grown Abalone Ltd for the purpose of an abalone farm and hatchery; and

b. Prepare relevant agreement documents for the proposed land transaction.

2. Allocate net funds generated from this transaction to the Priority Projects Reserve.

Subsequent to this decision, a public notice was published in Esperance Express on 1 March 2019, inviting submissions regarding the proposed disposal of a portion of Lot 50 Wylie Bay Road to Ocean Grown (attached). The Submission period closed at 4:00pm 15 March 2019, with Council receiving 12 submissions on the proposal (attached).

Therefore, in accordance Section 3.58(3)(b) of the Local Government Act 1995, the Council is now required to consider the submissions received before deciding whether to proceed with the proposed disposal.

Officer’s Comment

On review of the submissions received, there is obvious strong community support for the proposed disposal to Ocean Grown. Given the level of support for the proposed disposal, the Officers recommendation is for Council to proceed with the disposal process.

Consultation

Esperance Community via Public Notice

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Section 3.58 Disposal of Property, Local Government Act 1995

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

Support our businesses to grow, adapt and assists in building capacity

Develop partnerships to actively support economic growth

Corporate Business Plan 2017/2018 – 2020/2021

G6.1 Provide support and advice to business and industry sectors and groups.

Environmental Considerations

Nil

Attachments

a ⇩.	Letters of Support
b ⇩.	Advertisement - Esperance Express Public Notice

Officer’s Recommendation

That Council:

1. Note all submissions received on the offer from Ocean Grown Abalone Ltd to acquire a portion of Lot 50 Wylie Bay Road;

2. Provide delegated authority to the CEO to execute all agreements documents necessary to dispose of a portion of Lot 50 Wylie Bay Road to Ocean Grown Abalone Ltd for an abalone farm and hatchery.

Voting Requirement Absolute Majority

Please indicate key milestones of your project. The key milestones need to be realistic and demonstrate that the project can be delivered in the timeframe.
Task	Date
Attainment of Council approvals	Complete
Preparation of tender/quotes for the major works contract	N/A – existing contracts to be utilised
Issuing of tender for major works	N/A – existing contracts to be utilised
Signing of major works contract	N/A – existing contracts to be utilised
Site works commence	1/7/2019
Construction of project starts	1/8/2019
Project 50% complete	1/12/2019
Project Completed	29/2/2020
Project hand over and acquittal	30/4/2020

Name:	Terry Sargent
Position Held:	Director External Services - Shire of Esperance
Signature:
Date:	5^th march 2019

	Application form.
	Incorporation Certificate. N/A Local Government
	Two written quotes.
	If your project involves the upgrade of an existing facility, include photograph/s of this facility.
	Locality map, site map and building plans (in relevant constructions projects), including where the proposed facility is located in relation to other sport and recreation infrastructure.
	Income and expenditure statements for the current and next financial years. (LGAs exempted).
	Written confirmation of financial commitments from other sources including copies of council minutes. (If a club is contributing financially then evidence of their cash at hand must be provided).
	For resurfacing projects, a written guarantee from the supplier of the product that clearly identifies the product’s life expectancy.
	Itemised project cost for components and identified on the relevant quote for each (including cost escalation).
	For floodlighting projects, a lighting plan must be supplied showing lux, configuration and sufficient power supply

Category		Details
Geographical location	Regional/remote location Growth local government	Esperance is a remote location, with this facility also being only the 2^nd outdoor velodrome available in the State.
Co-location	New Existing
Sustainability initiative	Water saving Energy reduction Other
Increased participation	New participants Existing participants – higher level Special interest Other

Source of funding	$Amount ex GST	$ Amount inc GST		Funding confirmed Y / N	Comments to support claim (please attach relevant support)
Local government	32500	35750	LGA cash and in-kind	y	Council Minutes from Community Grant Program
Applicant cash	6410	7051	Organisation’s cash	y	Held in Velodrome Reserve account
Volunteer labour			Cannot exceed applicant cash and LGA contribution – max $50,000	y
Donated materials	20000	22000	Cannot exceed applicant cash and LGA contribution	y	Pat Malone Earthworks
Other State Government funding
Federal Government funding	50000	55000	Sports Australia	y	Confirmed Feb 2019
Other funding – to be listed			Loans, sponsorship etc
CSRFF request (No Development Bonus)	50000	55000	up to 1/3 project cost	n
or CSRFF request (Development Bonus)			Up to ½ project cost	n
b) Total project funding	158910	174801	*This should equal project expenditure as listed on the previous page*
REQUIRED: If the funding approved is less than funding requested for this project, or the project is more expensive than indicated, where would the extra funds be sourced from? Is this funding confirmed? If the project scope would be reduced, which components would be revisited?
Project will not commence unless $135410 in funding is confirmed. The club has various other associated items that will require funding such as timing devices and storage so cannot commit more than the above.

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

a ⇩.	Information Bulletin - February 2019
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇨.	Corporate Performance Report - February 2019 - Under Separate Cover
d ⇨.	RCAWA Meeting Minutes - 7 February 2019 - Under Separate Cover

Author/s	Helen Hall	Executive Assistant
Authorisor/s	Matthew Scott	Chief Executive Officer