Motion

Moved:           Cr McMullen

Seconded:     Cr Piercey

O0319-013

That Council accept the following applications for leave of absence:

Cr Payne         27 March until 20 May

Cr Parker        27 March until 11 April

CARRIED

F8 - A0

Moved:           Cr McMullen

Seconded:     Cr Bowman

O0319-014

Officer’s Recommendation

That the Minutes of the Ordinary Council Meeting of the 26 February 2019 be confirmed as a true and correct record.

Council Resolution

That the Minutes of the Ordinary Council Meeting of the 26 February 2019 as amended be confirmed as a true and correct record.

CARRIED

F9 - A0

Motion

Moved:           Cr Piercey

Seconded:     Cr Parker

O0319-015

That Council move the following items forward for discussion:

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

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

CARRIED

F9 - A0

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

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0319-016

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:

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 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.

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 or structures.

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

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

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

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.

Council Resolution

That Council :

1.  Lay Development Application 10.2018.3995.1 on the table.

2.  Invite Visionstream and Telstra to provide a briefing to Council and the community.

3.  Bring the item back to Council for consideration after  a briefing to Council and the community has occurred.

CARRIED

F9 - A0

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

Moved:           Cr Padgurskis

Seconded:     Cr McMullen

O0319-017

Council Resolution

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.

CARRIED

F5 – A4

(Against Cr Brown, Cr Piercey, Cr Bowman & Cr McIntyre)

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

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0319-018

Officers 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.

Council Resolution

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.

17. This planning approval would only be valid if the land owner resides on the property.

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.

CARRIED

F6 – A2

(Against Cr Parsons & Cr Padgurskis)

12.1.2         Request to Waive Annual Extractive Industry Licence Fees

Moved:           Cr Piercey

Seconded:     Cr McIntyre

O0319-019

Council Resolution

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

CARRIED

F8 - A0

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

Moved:           Cr Padgurskis

Seconded:     Cr McMullen

O0319-020

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.

Council Resolution

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.

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

CARRIED

F9 - A0

12.1.6         Prioritisation of CSRFF Grant Applications

Moved:           Cr Piercey

Seconded:     Cr Bowman

O0319-021

Council Resolution

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.

CARRIED

F9 - A0

12.1.7         Proposed Direction Notice - Planning and Development Act 2005

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0319-022

Council Resolution

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.

CARRIED

F8 – A1

(Against Cr Padgurskis)

12.1.8         Transfer of Reserve 4181 for Conservation Offset to Department of Biodivesity, Conservation and Attractions

WITHDRAWN

This item was withdrawn due to Officers seeking more information.

12.2.1         Verge Development contribution Request - 30 Mitchell Street

Moved:           Cr Parker

Seconded:     Cr McMullen

O0319-023

Council Resolution

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

CARRIED

F9 - A0

12.3.1         Compliance Audit Return 2018

Moved:           Cr Brown

Seconded:     Cr Piercey

O0319-024

Council Resolution

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

CARRIED

F9 - A0

12.3.2         2018/19 Budget Review

Moved:           Cr Brown

Seconded:     Cr McMullen

O0319-025

Council Resolution

That Council adopt the 2018/19 Budget Review.

CARRIED

F9 - A0

12.3.3         Financial Services Report - February 2019

Moved:           Cr Piercey

Seconded:     Cr Bowman

O0319-026

Council Resolution

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of February 2019 as attached be received.

CARRIED

F9 - A0

12.4.1         Information Bulletin - February 2019

Moved:           Cr McMullen

Seconded:     Cr Bowman

O0319-027

Council Resolution

That Council accepts the Information Bulletin for February 2019 and;

1.  Register - Delegations Discharge - Corporate Resources

2.  Corporate Performance Report - February 2019

3.  RCAWA Meeting Minutes - 7 February 2019

CARRIED

F9 - A0

12.4.2         Common Seal Useage November 2018 to February 2019

Moved:           Cr Brown

Seconded:     Cr McIntyre

O0319-028

Council Resolution

That Council receive the report titled The Shire of Esperance Common Seal Usage for the period of February 2018 to February 2019.

CARRIED

F9 - A0

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

Moved:           Cr McMullen

Seconded:     Cr Parker

O0319-029

Council Resolution

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.

CARRIED

F9 – A0

13.1   Minutes of Committees

Moved:           Cr Bowman

Seconded:     Cr McMullen

O0319-030

Council Resolution

That Council receive the following unconfirmed committee minutes:

1.   Jetty Replacement Working Group - 22 February 2019

CARRIED

F9 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0319-031

That Council accept the following late item:

16.1                 Draft Fire Mitigation Policy

CARRIED

F9 - A0

16.1   Draft Fire Mitigation Policy

Moved:           Cr Parker

Seconded:     Cr Piercey

O0319-032

Council Resolution

That Council

1.  Thanks WA Farmers for its initiative in developing the draft Fire Mitigation Policy.  And;

2.  Request the chairman of the South East Fire Working Group to provide a briefing to WA Farmers before Council gives further consideration to the Draft Fire Mitigation Policy.

CARRIED

F9 - A0

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0319-033

That the meeting proceed behind closed doors in accordance with section 5.23(2) of the Local Government Act 1995, to consider the following items, which are considered confidential for the reasons indicated.

17.1   Esperance Seafront Caravan Park Management Extension

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

17.2   0190-19 Construction Esperance Indoor Sports Stadium

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

17.3   0192-19 Supply & Delivery PVC RRJ Pipe

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

17.4   Posthumous Key to the Shire - Rev. Doug Murray OAM

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)).

CARRIED

F9 - A0

17.1   Esperance Seafront Caravan Park Management Extension

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0319-034

Council Resolution

That Council

1.    Accept the offer of a three month extension of contract management services (from 1 July 2019 to 30 September 2019) for managing the Esperance Seafront Caravan Park from Brocam Pty Ltd at a rate of $44,109 (ex GST) per month.

2.    Request the Chief Executive Officer to execute an addendum to the existing agreement to provide contract management services to reflect the above extension.

CARRIED

F8 – A1

(Against Cr Padgurskis)

17.2   0190-19 Construction Esperance Indoor Sports Stadium

Moved:           Cr Padgurskis

Seconded:     Cr Parker

O0319-035

Officers Recommendation

That Council awards the Request for Tender 0190-19 Construction Esperance Indoor Sports Stadium to Sime Building Company Pty Ltd as per the Lump Sum Price, for a three court stadium.

Council Resolution

That Council:

1.    Awards the Request for Tender 0190-19 Construction Esperance Indoor Sports Stadium to Sime Building Company Pty Ltd as per the Lump Sum Price, for a four court stadium; and

2.    Approve a budget variation as follows:

CARRIED

F9 – A0

17.3   0192-19 Supply & Delivery PVC RRJ Pipe

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0319-036

Council Resolution

That Council awards the Request for Tender 0192-19 Supply & Delivery PVC RRJ Pipe to Vinidex Pty Ltd as per the lump sum price.

CARRIED

F9 - A0

17.4   Posthumous Key to the Shire - Rev. Doug Murray OAM

Moved:           Cr Padgurskis

Seconded:     Cr Brown

O0319-037

Council Resolution

That Council bestow the “Key to the Shire” posthumously to the late Rev. Douglas Harry Murray OAM.

CARRIED

F9 - A0

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McMullen

O0319-038

That the meeting come from behind closed doors.

CARRIED

F9 - A0