14 November 2019
Shire
of Esperance
Ordinary
Council
NOTICE OF MEETING AND AGENDA
An Agenda Briefing Session of the Shire of Esperance will
be held at Council Chambers on 19 November 2019 commencing at 1pm to brief
Council on the matters set out in the attached agenda.
An Ordinary Council meeting of the Shire of Esperance
will be held at Council Chambers on 26 November 2019 commencing at 4pm to
consider the matters set out in the attached agenda.
W M (Matthew) Scott
Chief Executive Officer
DISCLAIMER
No responsibility whatsoever is implied or accepted by the
Shire of Esperance for any act, omission or statement or intimation occurring
during Council or Committee meetings. The Shire of Esperance disclaims any
liability for any loss whatsoever and howsoever caused arising out of reliance
by any person or legal entity on any such act, omission or statement or
intimation occurring during Council or Committee meetings. Any person or legal
entity who acts or fails to act in reliance upon any statement, act or omission
made in a Council or Committee meeting does so at that person’s or legal
entity’s own risk.
In particular and without derogating in any way from the
broad disclaimer above, in any discussion regarding any planning application or
application for a licence, any statement or intimation of approval made by a
member or officer of the Shire of Esperance during the course of any meeting is
not intended to be and is not to be taken as notice of approval from the Shire
of Esperance. The Shire of Esperance warns that anyone who has any application
lodged with the Shire of Esperance must obtain and should only rely on written
confirmation of the outcome of the application, and any conditions attaching to
the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION
MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions
are based on an honest assessment of the issue, ethical decision-making and
personal integrity. Councillors and staff adhere to the statutory requirements
to declare financial, proximity and impartiality interests and once declared
follow the legislation as required.
ATTACHMENTS
Please be advised that in order
to save printing and paper costs, all attachments referenced in this paper are
available in the original Agenda document for this meeting.
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
Agenda Briefing ¨
Ordinary Council Meeting ¨
Both Meetings ¨
Name of Person Declaring the Interest:
Position:
Date
of Meeting:
This form is provided to
enable members and officers to disclose an Interest in the matter in accordance
with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act
and Local Government (Administration) Regulation 34C.
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Interest
Disclosed
 Item
No:
 Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
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Interest
Disclosed
 Item
No:
Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
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Interest
Disclosed
Item
No:
 Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
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Signature: Date:
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Office Use Only:
 Entered
into interest Register:
Officer
Date
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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.
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 26 November 2019
COMMENCING
AT 4pm
1. OFFICIAL
OPENING
2. ATTENDANCE
Members
Cr I Mickel Shire
President Rural
Ward
Cr B Parker Deputy
Shire President Rural Ward
Cr J
O’Donnell Town
Ward
Cr S McMullen Town
Ward
Cr S Payne Town
Ward
Cr J Obourne Town
Ward
Cr R Chambers Town
Ward
Cr D Piercey,
JP Town
Ward
Cr W Graham 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
QUESTIONS
TAKEN ON NOTICE – OCTOBER ORDINARY COUNCIL MEETING
Asked
by Dr K Nieukerke
Answered
by Mr M Scott – Chief Executive Officer
Further
to your questions that were taken on notice at the October 2019 Ordinary
Council Meeting, please see below the Shire's response (in Italics) to your
queries.
Financial Prudence
Talis is
managing a drill test at the Merivale tip site. We seek clarification on the
test itself. Dye is injected into a bore hole. The time for the dye to be
detected in sample bore holes should indicate the connectivity and permeability
of the underlying structure. Regular (weekly) sampling so far has failed to
detect the dye (pg 127 - 7 Oct 2019).
1.
What is the timeframe to complete
this test, e.g. when (through extrapolation/other reasoning) would the site be
deemed suitable for waste disposal.
Response
The
dye test is one of many tests required to be undertaken, in accordance to the
EPA scoping document to prepare the Public Environmental Review (PER), which
will ultimately determine whether the site is suitable for a waste disposal.
Based on current modelling it is estimated the dye should appear 4 months after
it was initially Injected Into the Injection Bores.
2.
Other than 'no link' between the
bore hole and the sampling bore holes, what could be the cause for the dye not
being detected. What is being done to exclude these causes from the test.
Response
Both
the injection bores and monitoring bores access the same ground water aquifer,
which has been described by hydrogeoiogists as being homogenous, and are
linked. Modelling suggests that the dye should take at least 4 months to move
from the injection bores to the monitoring bores. Given the nature of the
ground water aquifer, there should be no reason for the dye not being detected
in the monitoring bores at some point in time.
3.
What is the monthly cost of the
current monitoring.
Response
Weekly
sampling is undertaken by trained staff, requiring approximately 1-2 hours per
week. This time is covered within normal weekly duties and not charged directly
to the landfill project. Reviewing sample data is managed by Rockwater Pty Ltd,
which is part of their overall contract for this component of Scoping Document
requirements; this is a fixed cost contract, so we do not have a weekly or
monthly cost (the longer it takes the less it will cost per month).
4.
The briefing notes show two
payments to Tails
Response
a.
page 83 $41,847.09
Work
by Rockwater Pty Ltd, supervising Werrilup Bore installation and Tracer Test
Bores, and purchase of dye sampling device.
b.
page 93 $ 3,421.00
Groundwater
Monitoring Report and update of Bore Location Plan.
how do
they relate to the EPA process and are they recurring costs? Note: 15 Aug 2019
payment 91,557.10 to Talis for Werrilup bore hole installation & Kirwin Rd
Tracer tests.
Response
Groundwater
is required to be monitored monthly for our DWER licence, and the other
activities are associated with the EPA Scoping Document requirements.
5.
What is the current (itemised)
total spent on EPA approval and is the estimate to complete within the limit
determined by Council (motion by Cr Parsons).
Response
At
the February '19 Ordinary Council Meeting, Council resolved to publish the
priority order of works and the estimated cost (media release https://www.esperance.wa.gov.au/sites/default/files/publication/files/media_release_-_environmental_scoping_costing_-_2019_02_27.pdf): being $560,300 ($268,268 for required DWER work
approvals and licences and $292,032 for additional EPA Scoping Document
requirements).
Of
these works. Priority 1 works have been completed for $163,000 with ASST Pty
Ltd. Priority 2 works already undertaken, including drilling down to the
Werrilup formation (101m deep) and the drilling and commencement of tracer
tests, has cost $121,276.53. The final report from Rockwater Pty Ltd regarding
the tracer dye test is expected to cost in the vicinity of $5,000. This is all
within the estimated expenditure range, thus providing a balance of $271,023.47
available to complete the other priorities.
Local Employment and Regulations
Funding
for the works on the Andrews St - Dempster St roundabout was obtained under the
Federal Black Spot program.
Can Shire
advise, taking into consideration that the project is nearing completion
6.
What portion of the cost is
directed towards
Response
a.
local/Esperance employment
74%
b.
WA employment
26%
(Asphalt via Kalgoorlie)
c.
interstate employment
Nil
7.
What portion of the work is
performed by Shire
Response
41%
8.
As the funding is aimed at
reducing the risk, as measured by accidents, can Shire provide a statement on
the number of accidents, if any since start of the work?
Response
Anecdotally
1 due to driver error, however the Shire has received no official numbers from
WA Police.
9.
Can Shire confirm the number of
parking spaces lost as the result of the re-designed roundabout and whether
this has resulted in giving exemption to existing parking requirements for
businesses in the direct vicinity of the location
Response
There
have been 7 lost car parking spaces, however have gained 2 additional motor
cycles parking spaces and an additional Taxi bay. No additional parking
exemptions have been provided to businesses as a result of the Roundabout
works.
10.
It is noted that there is no
immediate zebra crossing between Westpac and Bank West. Has the risk to elderly
citizens been fully taken into account or will this be rectified at a future
date.
Response
The
Wombat crossings will be reinstated after the footpath works are complete.
Open and Accountable
It became
apparent that access by the public to Council Committees needs clarification
11.
Can the Shire provide a complete
list of current committees
Response
Technically,
only the Audit Committee has been reinstated since the Local Government
Elections (See October COM Minutes). Other Committees may be reinstated, once
they have been formally considered by Council. A list of previous committees
(prior to LG Elections) can be found at: https://www.esperance.wa.gov.au/council-committees
12.
Identify which of these committees
are open to the public
Response
Section 5.23, Local Government Act 1995, provides when
Council and Committee Meetings are open to the public. Specifically, Section
5.23(l)(b) provides:
It is understood that only the Audit Committee has
been delegated a Local Government power or duty. It should be noted all
Committee Minutes are published in monthly Council agendas, thus providing an
opportunity for the pubiic to query Committee recommendations and decisions,
directly with Council.
13.
State the specific reason why
individual committees are conducted behind closed doors
Response
Refer to the response to question 12, however, as with
Council meetings, any Committee meeting could also be closed to the public as
per Section 5.23(2).
14.
Advise how the public is notified
when a committee is meeting, the time allowed to give notice and its agenda
Response
Regulation 12, Locai Government (Administration)
Regulations requires local public notice of Committee meetings open to the
pubiic as per Section 5.23(l)(b). Recent amendments to the Local Government,
Section 5.96A, now required Committee agendas to be published on the Shire's
webpage (5.96A(l)(h)). The Shire also understands new regulations are about to
be issued, amending notice requirements for Committee Meetings.
QUESTIONS
TAKEN ON NOTICE – OCTOBER ORDINARY COUNCIL MEETING
Asked
by Ms T Lowe
Answered
by Mr M Scott – Chief Executive Officer
With
regards to your questions that were taken on notice at the October 2019
Ordinary Council Meeting, please see below the Shire's response (in Italics) to
your queries.
Letter
of complaint regarding the Esperance Visitor Centre (attached).
Response
The
Shire received this letter of complaint on the 4 August 2019, from Ms. Cindee
Hage. A response was provided to Ms. Hage on 23 August 2019 (attached).
Concerns
over the Esperance Visitor Centre advertising locally made souvenirs in the
free Andimaps Esperance 2018-19 Street Guide, 12th Edition.
Response
This
Street Guide is produced by Andimaps (andimaps.com.au), who produce similar
maps for a number of towns and communities in Western Australia. The Shire of
Esperance does not commission the map, however does advertise within it. In
relation to our advert, which has not significantly changed from past editions,
I can confirm the Shire does sell locally made souvenirs, including books,
postcards and prints produced by a local artist and local produce, such as
honey. In the past we have sold and displayed local merchandise from local providers
such as Mermaid Leather and Cindy Poole Glass. As you are also aware we have previously
offered to stock your products on consignment, which you declined.
Currently
on display at the Visitor Centre is a "teaser box", the intention of
this display is to promote local product. Inside the "teaser box" are
different locally made products which visitors can view, but not purchase, as
the incentive is to "tease" the customer on what is available in the
region and entice them to get out and expiore these places and producers themselves.
The
Shire does not claim that 100% of souvenirs are sourced locally, and all
products sold must meet national and state labeling requirements, which
includes identifying where it is produced. Most of our souvenirs are sourced
through an Australian based souvenir wholesaler. Visit Australia; a company we
believe you are familiar with.
\Ne
believe our general souvenir offer is very similar and consistent with many
other Visitor Centre's around Western Australia.
8. PUBLIC
ADDRESSES / DEPUTATIONS
Nil
9. Petitions
Nil
10. CONFIRMATION
OF MINUTES
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That
the Minutes of the Ordinary Council Meeting of the 29 October 2019 be
confirmed as a true and correct record.
Voting Requirement Simple Majority
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11. DELEGATES’
REPORTS WITHOUT DISCUSSION
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Agenda Briefing Sessions (4)
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Ordinary Council Meetings (4)
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Special Council Meetings (4)
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Annual Electors Meeting (0)
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Shire President
Cr Ian Mickel*
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1
|
1
|
1
|
0
|
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Deputy President
Cr Basil Parker
|
4
|
3
|
4
|
0
|
|
Cr Jo O’Donnell*
|
1
|
1
|
1
|
0
|
|
Cr Steve McMullen
|
4
|
4
|
4
|
0
|
|
Cr Shelley Payne
|
4
|
4
|
2
|
0
|
|
Cr Jennifer Obourne*
|
1
|
1
|
1
|
0
|
|
Cr Ron Chambers*
|
1
|
1
|
1
|
0
|
|
Cr Dale Piercey
|
4
|
|
3
|
0
|
|
Cr Wes Graham*
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1
|
1
|
1
|
0
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*Councillors
were elected into Council as of 19 October 2019
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Agenda Briefing Sessions (3)
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Ordinary Council Meetings (3)
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Special Council Meetings (3)
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Annual Electors Meeting (0)
|
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Cr Victoria Brown
|
2
|
2
|
3
|
0
|
|
Cr Natalie Bowman
|
2
|
2
|
2
|
0
|
|
Cr Lara McIntyre
|
3
|
3
|
2
|
0
|
|
Cr John Parsons
|
3
|
3
|
2
|
0
|
|
Cr Ron Padgurskis
|
3
|
3
|
3
|
0
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12. MATTERS
REQUIRING A DETERMINATION OF COUNCIL
12.1 External Services
Item: 12.1.1
Development Application
- Change of Use - Dwelling to Holiday House - Lot 661 (4) Cavanagh Court,
Castletown
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Author/s
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Peter Wilks
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Senior Planning Officer
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Authorisor/s
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Richard Hindley
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Manager Strategic Planning & Land Projects
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File Ref: D19/28018
Applicant
Gregory Hill
Location/Address
Lot 661 (4) Cavanagh Court, Castletown
Executive Summary
That Council consider Development Application
10.2019.4177.1 for a Change of Use for the existing Dwelling to a Holiday House
at Lot 661 (4) Cavanagh Court, Castletown.
Recommendation in Brief
That Council approve Development Application 10.2019.4177.1
for a Change of Use for the existing Dwelling to a Holiday House at Lot 661 (4)
Cavanagh Court, Castletown subject to conditions.
Background
A development application for a Change of Use of the
existing Dwelling to a Holiday House at Lot 661 (4) Cavanagh Court, Castletown
was received by Planning Services on 19 August 2019.
Holiday House is an ‘A’ use in the Scheme,
and has a mandatory advertising requirement to landowners that may be affected
by the proposal. In this instance it was determined that all adjoining
landowners would be impacted by the proposal. There are five properties
adjoining Lot 661 (4) Cavanagh Court, with 14 and 16 Ormonde being under the
same ownership.
Review of the application showed that the applicant had
provided non-objections from two adjoining landowners. An objection was
provided from the owner of 3 Cavanagh Court prior to the application being
lodged.
Advertising was initially undertaken to the owners of 14 and
16 Ormonde between 22 August 2019 and 5 September 2019 with additional
information being requested by the owners of 14 and 16 Ormonde. Following
extended discussions a formal objection was received by the Shire of Esperance
on 17 October 2019.
Officer’s Comment
Lot 661 (4) Cavanagh Court, Castletown is zoned Residential
R30 and is not affected by any special control areas.
Holiday House means a single dwelling on one lot used to
provide short-term accommodation but does not include a bed and breakfast;
Short term accommodation means temporary accommodation
provided either continuously or from time to time with no guest accommodated
for periods tolling more than 3 months in any 12 month period.
The relevant objective of the Residential zone in this
instance is as follows:
- To
provide for a range of non-residential uses, which are compatible with and
complementary to residential development.
It is the position of Planning Services that the
proposed Holiday House is compatible with the surrounding residential
development so long as it is adequately managed and any conditions applied as
part of an approval are adhered to.
Planning Services is recommending that the proposal be
approved with both the Holiday House and Single Dwelling land uses applying to
the property to allow for some flexibility in the use of the building. This is
due to recent changes by the Department of Planning, Lands and Heritage
requiring the issuance of a separate Development Approval to change a Holiday
House back to a Single Dwelling. Issuing an approval with both land uses listed
allows for the landowner to switch between using the property as a Single
Dwelling and Holiday House as required.
Objections were received to the application on the following
grounds:
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Objection:
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Planning Comment:
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Potential Noise Impact
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It is acknowledged that noise impact from holiday houses
can be an issue. Noise was one of the primary reasons why the Shire of
Esperance adopted Local Planning Policy: Holiday Homes to ensure that a local
caretaker was provided for Holiday House applications where the landowner
themselves may not be able to respond to any issue or complaint arising from
the activity.
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Concerns regarding management of the property
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The reason why the Shire asks for a property manager to be
nominated is so that in the event of a complaint being received that someone
is available to respond to said complaint within two hours of the complaint
being made. In this instance complaints can be made to the landowner.
As a condition of the approval option, The Proponent
is to provide a copy of the property management plan to adjoining landowners
so that they are aware of what is going on and who to contact in the event of
an issue arising.
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Concerns regarding maximum number of guests
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A condition has been included with the option for approval
limiting the proposed Holiday House to a maximum of eight (8) guests based on
two guests per bedroom in a four bedroom dwelling. In the event that the
maximum number of guests is exceeded, the objector should first direct any
concerns to the property manager. Should the property manager fail to rectify
the issue, complaints can be passed on to the compliance officer at the Shire
of Esperance.
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Concern regarding length of stays
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In accordance with Part 6, Division 1 of Shire of Esperance
Local Planning Scheme No. 24 - Short term accommodation means temporary
accommodation provided either continuously or from time to time with no guest
accommodated for periods tolling more than 3 months in any 12 month period.
In this instance Planning Services is recommending that the proposal be
approved with both the Holiday House and Single Dwelling land uses applying
to the property to allow for some flexibility in the use of the building.
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Incompatibility of Holiday Homes with the surrounding area
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Holiday Homes are an ‘A’ use in all Residential
zones under Shire of Esperance Local Planning Scheme No. 24, meaning that
they can be considered subject to mandatory advertising.
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Reference is made in the objections to the Holiday House at
Lot 652 (1) Cavanagh Court that was approved by Council at the ordinary council
meeting held on 27 August 2013. The license in question was not cancelled, and
there is no caveat preventing use of that property for a Holiday House. A check
of Shire records indicates that the approval in question included a requirement
for renewal after 12 months which was never sought, as such the approval in
question lapsed with Lot 652 (1) Cavanagh Court being sold to new owners in
2016. Nothing prevents the owners of that property from reapplying for the use
of Lot 652 (1) Cavanagh Court as a Holiday House in accordance with current
requirements.
No complaints have been recorded by the Shire of Esperance
regarding Lot 652 (1) Cavanagh Court, as such we cannot comment on whether
there were issues with that Holiday House.
As the proposed Holiday House has four (4) bedrooms the
Access Provisions of the Premises Standards and the Building Code of Australia
apply to this Class 1b Conversion.
Holiday Houses that have an area greater than 300 square
metres require the issuance of a Building Permit for conversion to a Class 3
building under the Building Code of Australia. In this instance the
existing dwelling is 291.89 square metres in size.
Consultation
Review of the application showed that the applicant had
provided non-objections from two adjoining landowners. An objection was
provided from the owner of 3 Cavanagh Court prior to the application being
lodged.
Advertising was initially undertaken to the owners of 14 and
16 Ormonde between 22 August 2019 and 5 September 2019 with additional
information being requested by the owners of 14 and 16 Ormonde. Following
extended discussions a formal objection was received by the Shire of Esperance
on 17 October 2019.
Options
Option 1:
That Council resolve to refuse Development Application
10.2019.4177.1 for a Change of Use for the existing Dwelling to a Holiday House
at Lot 661 (4) Cavanagh Court, Castletown on the following grounds:
· The proposed development is not
consistent with the objectives of the Residential zone.
Option 2:
That Council resolve to approve Development
Application 10.2019.4177.1 for a Change of Use for the existing Dwelling to a
Holiday House at Lot 661 (4) Cavanagh Court, Castletown 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 and Holiday House only and for no other purpose unless otherwise
approved in accordance with the provisions of Local Planning Scheme No. 24
(refer below definitions as extracted from Schedule 1 – Definitions of
LPS 24 and Appendix 1 of the Residential Design Codes).
· Dwelling
means a building or portion of a building being used, adapted, or
designed or intended to be used for the purpose of human habitation on a
permanent basis by a single person, a single family, or no more than six
persons who do not comprise a single family.
· holiday house means a single
dwelling on one lot used to
provide
short-term accommodation but does not include
a bed and breakfast;
3. The
Holiday House hereby permitted shall only accommodate a maximum number of eight
(8) guests at any one time.
4. No
parking or display of vehicles and/or equipment shall occur within the road
verge area at any time.
5. The
approved Holiday House must not display a sign exceeding 0.2 square metres in
area.
6. 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.
7. 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).
8. 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.
9. 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.
10. The
proposed operations, during and after construction, are required to comply with
the Environmental Protection (Noise) Regulations 1997.
11. 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.
12. In
the event that the Manager is unavailable or unable to respond to complaints
and issues in a timely manner, an alternate manager is to be nominated to
handle any complaints or concerns relating to the property.
AND the following advice
notes:
1. The
development is to comply with the Building Code of Australia, Building
Act 2011, Building Regulations 2012 and the Local Government Act
1995.
2. It
is the responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
3. Horizon
Power has requested the Shire to advise Applicants that Horizon Power has
certain restrictions regarding the installation of conductive materials near
its network assets. Applicants are advised to contact Horizon Power’s
Esperance office to ascertain whether any of Horizon Power’s restrictions
affect their proposed development.
4. The
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
· Health Act (Laundries and Bathrooms) Regulations 1971
5. The
development the subject of this planning approval is required to comply with
the Shire Esperance Health Local Laws 2009.
6. The
developer is to liaise with Shire of Esperance (Statutory Compliance) to
determine any requirement for additional approvals for any signage proposed to
be erected on site.
7. Due
to issues surrounding control of animals in unfamiliar environments, use of the
property as a ‘petsit’ or animal inclusive holiday house is not
recommended.
8. If there are four or more bedrooms in the existing
Dwelling, you need to demonstrate compliance with the following provisions of
the Building Code of Australia prior to the issuance of the Planning
Approval:
· Access Provisions of the Premises Standards and the
Building Code of Australia apply to this Class 1b Conversion if there are 4 or
more bedrooms available to rent.
· Continuous accessible paths from the main pedestrian
entries into the site
· An accessible car parking space (where on-site parking
is provided)
· A continuous accessible path from the car park to the
entrance
· An accessible entrance into the building via the
principal entrance doorway
· Access to and within at least one bedroom and
associated accessible bathroom facilities
· Access to at least one of each type of common
room/facility (e.g. kitchen, laundry, lounge, dining room, gym, swimming pool,
patio area, games room, etc.)
· A fire safety issue has been identified with the existing structures on
the property.
P 2.3.1 Protection from the spread of fire
(a) A Class 1 building must be protected from the spread of fire
from—
i. another
building other than an associated Class 10 building; and
ii. the
allotment boundary, other than a boundary adjoining a road or public space.
Shire
of Esperance (Building Services) has advised that the solution to this is to
ensure that there is a 900mm gap between the dwelling and the other structures
on the property.
Financial Implications
Application fees totalling $295.00 were received as part of
this application.
Asset Management Implications
Nil
Statutory Implications
Local Planning Scheme No. 24
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
Local Planning Policy: Holiday Homes
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
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a⇩.
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Plans
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|
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b⇩.
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Objection - 3 Cavanagh
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|
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c⇩.
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Formal Objection from 14-16 Ormonde
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|
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Officer’s Recommendation
That Council resolve to approve Development
Application 10.2019.4177.1 for a Change of Use for the existing Dwelling to a
Holiday House at Lot 661 (4) Cavanagh Court, Castletown 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 and Holiday House only and for no other purpose unless
otherwise approved in accordance with the provisions of Local Planning Scheme
No. 24 (refer below definitions as extracted from Schedule 1 –
Definitions of LPS 24 and Appendix 1 of the Residential Design Codes).
· Dwelling means a building or portion of a building being used, adapted, or
designed or intended to be used for the purpose of human habitation on a
permanent basis by a single person, a single family, or no more than six
persons who do not comprise a single family.
· holiday house means a single dwelling on
one lot used
to provide
short-term accommodation but does not include
a bed and breakfast;
3. The
Holiday House hereby permitted shall only accommodate a maximum number of
eight (8) guests at any one time.
4. No
parking or display of vehicles and/or equipment shall occur within the road
verge area at any time.
5. The
approved Holiday House must not display a sign exceeding 0.2 square metres in
area.
6. 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.
7. 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).
8. 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.
9. 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.
10. The
proposed operations, during and after construction, are required to comply
with the Environmental Protection (Noise) Regulations 1997.
11. 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.
12. In
the event that the Manager is unavailable or unable to respond to complaints
and issues in a timely manner, an alternate manager is to be nominated to
handle any complaints or concerns relating to the property.
AND the following advice
notes:
1. The
development is to comply with the Building Code of Australia, Building
Act 2011, Building Regulations 2012 and the Local Government
Act 1995.
2. It
is the responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
3. Horizon
Power has requested the Shire to advise Applicants that Horizon Power has
certain restrictions regarding the installation of conductive materials near
its network assets. Applicants are advised to contact Horizon Power’s
Esperance office to ascertain whether any of Horizon Power’s restrictions
affect their proposed development.
4. The
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
· Health Act (Laundries and Bathrooms) Regulations
1971
5. The
development the subject of this planning approval is required to comply with
the Shire Esperance Health Local Laws 2009.
6. The
developer is to liaise with Shire of Esperance (Statutory Compliance) to
determine any requirement for additional approvals for any signage proposed
to be erected on site.
7. Due
to issues surrounding control of animals in unfamiliar environments, use of
the property as a ‘petsit’ or animal inclusive holiday house is
not recommended.
8. If
there are four or more bedrooms in the existing Dwelling, you need to
demonstrate compliance with the following provisions of the Building Code of
Australia prior to the issuance of the Planning Approval:
· Access Provisions of the Premises Standards and the
Building Code of Australia apply to this Class 1b Conversion if there are 4
or more bedrooms available to rent.
· Continuous accessible paths from the main pedestrian
entries into the site
· An accessible car parking space (where on-site
parking is provided)
· A continuous accessible path from the car park to
the entrance
· An accessible entrance into the building via the
principal entrance doorway
· Access to and within at least one bedroom and
associated accessible bathroom facilities
· Access to at least one of each type of common
room/facility (e.g. kitchen, laundry, lounge, dining room, gym, swimming
pool, patio area, games room, etc.)
· A fire safety issue has been identified with the
existing structures on the property.
P
2.3.1 Protection from the spread of fire
(a) A
Class 1 building must be protected from the spread of fire from—
i. another building other than an associated Class
10 building; and
ii. the allotment boundary, other than a boundary
adjoining a road or public space.
Shire of Esperance (Building Services) has advised
that the solution to this is to ensure that there is a 900mm gap between the
dwelling and the other structures on the property.
Voting Requirement Simple Majority
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Item: 12.1.2
Development Application
- Retaining Walls and associated Earthworks - Lot 45 (7) Blake Street, Sinclair
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Author/s
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Peter Wilks
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Senior Planning Officer
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Authorisor/s
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Richard Hindley
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Manager Strategic Planning & Land Projects
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File Ref: D19/28035
Applicant
WA Country Builders on behalf of Esperance Aboriginal
Corporation
Location/Address
Lot 45 (7) Blake Street, Sinclair
Executive Summary
That Council consider Development Application
10.2019.4225.1 for Retaining Walls and associated Earthworks at Lot 45 (7)
Blake Street, Sinclair.
Recommendation in Brief
That Council approve Development Application
10.2019.4225.1 for Retaining Walls and associated Earthworks at Lot 45 (7)
Blake Street, Sinclair subject to conditions
Background
A development application was received by Shire of
Esperance (Planning Services) on 18 October 2019. Assessment of the proposal
noted that the application proposed variations to side boundary setback for the
proposed retaining wall, as well as a variation to the maximum amount of fill
within 1 metre of the common boundary
The application was subsequently advertised to the
affected adjoining landowner between 18 October and 1 November 2019, with an
objection being received on 1 November 2019.
Subsequent discussions with the applicant resulted in
the applicant requesting that the application be placed before Council for
determination.
Officer’s Comment
Lot 45 (7) Blake Street, Sinclair is zoned Residential
R20 and is affected by Special Control Area 4 – Public Drinking Water
Source Protection Areas Priority Area 3 and Wellhead Protection zone.
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Objection
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Design
Principles
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Officers
Comment
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Negative visual amenity
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It is acknowledged that retaining walls are rarely
attractive. That said, this type of arrangement for retaining walls on the
boundary is relatively common. Boundary fencing is likely to have a bigger
impact due to height, length and materials.
It is generally considered a better planning outcome for
retaining walls to be placed on a side or rear boundary rather than being set
back in from the boundary as this allows for maximum use of the property and
does not create isolated pockets of land that can be difficult to maintain.
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Privacy intrusion.
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P.4.1 Visual Privacy
P1.1 Minimal direct overlooking of active habitable spaces
and outdoor living areas of adjacent dwellings achieved through:
- Building
layout and location;
- Design
of major openings;
- Landscape
screening of outdoor active habitable spaces; and/or
- Location
of screening devices.
P1.2 Maximum visual privacy to side and rear boundaries
through measures such as:
- Offsetting
the location of ground and first floor windows so that viewing is oblique
rather than direct;
- Building
to the boundary where appropriate;
- Setting
back the first floor from the side boundary;
- Providing
higher or opaque and fixed windows; and/or
Screen devices (including landscaping, fencing, obscure
glazing, timber screens, external blinds, window hoods and shutters
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This is a difficult point to argue at this time as the
design principles, and the criteria of the Residential Design Codes in
general, are heavily reliant on a building or dwelling being proposed.
It is noted that where an opening, such as a window, has a
sill height more than 1.6 metres above the finished floor level it no longer
triggers privacy and overlooking criteria. While this does not factor into
elevated open spaces, it makes for an interesting comparison particularly
when consideration is given to the standard height of a boundary fence being
1.8 metres.
The applicant has indicated that replacement boundary
fencing will be placed on top of the retaining wall which would help mitigate
any privacy issue by providing for screening.
The objectors request that the retaining wall be set back
from the property boundary would result in significantly worse privacy issues
due to there being no requirement to place screening on top of a retaining
wall.
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It is not unusual for retaining walls and earthworks
to be proposed as a separate application to other development on a property,
though it is less common for retaining walls and earthworks to be proposed both
separately and prior to application for single or grouped dwellings at this kind
of small scale. This type of arrangement normally occurs as part of larger
subdivision applications where site works are required to establish appropriate
areas for development and are approved by the WAPC as part of a subdivision
approval.
The adjoining landowners were only provided plans of
the proposed retaining walls and earthworks as that is all that is proposed at
this time. Any other development will be subject to a future development
application.
The proposed retaining walls are very similar to those
proposed for the site under a previous application for two grouped dwellings,
retaining walls and earthworks at Lot 45 (7) Blake Street that was issued on 14
June 2017 under delegated authority. The approval has since lapsed as no works
were undertaken and no extension of time was sought. The previously approved
retaining walls were 10 to 30 centimetres lower in height and ran for 20.6 metres of the boundary as opposed to
the currently proposed retaining walls which are approximately 16.5 metres in
length.
Additionally there appears to be some issues with the
alignment of the fence between Lot 45 (7) Blake Street and Lot 44 (5) Blake
Street, with the plans provided showing the fence running diagonally into both
properties. Both landowners are encouraged to have the properties surveyed to
ensure that buildings and fences are correctly located. The Shire of Esperance
takes no responsibility for incorrectly located buildings or structures.
The plans of the retaining wall are shown in
Attachment A; the additional development shown is not part of this application.
Consultation
The application was referred to the adjoining affected
landowner between 18 October and 1 November 2019. One objection was received on
1 November 2019.
Financial Implications
Application fees totalling $147.00 were received as part of
this application.
Asset Management Implications
Nil
Statutory Implications
The statutory implications
arising from this report are:
· Local Planning Scheme No. 24
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 deemed that the Scheme is being
enforced and implemented effectively.
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
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a⇩.
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Plans
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b⇩.
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Structural Drawings
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|
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c⇩.
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Objection
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Officer’s Recommendation
That Council resolve to approve Development
Application 10.2019.4225.1 for Retaining Walls and associated Earthworks at
Lot 45 (7) Blake Street, Sinclair subject to the following conditions:
1. Development
shall be carried out and fully implemented in accordance with the details
indicated on the stamped approved plan(s) unless otherwise required or agreed
in writing by the Shire of Esperance (Planning Services).
2. During
construction stage, adjoining lots are not to be disturbed without the prior
written consent of the affected owner(s).
3. All
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 Services).
4. All
stormwater and drainage run off from all roofed and impervious areas is to be
retained on-site to the satisfaction of the Shire of Esperance (Building
Services).
5. The
provision of all services, including augmentation of existing services,
necessary as a consequence of any proposed development shall be at the cost
of the developer and at no cost to the Shire of Esperance.
6. The
development hereby approved must not create community safety concerns, or
otherwise adversely affect the amenity of the subject locality by reason of
(or the appearance or emission of) smoke, fumes, noise, vibration, odour,
vapour, dust, waste water, waste products or other pollutants.
7. All
fencing shall be in accordance with the Shire of Esperance Local Law Relating
to Fencing.
8. The
works involved in the implementation of the development must not cause sand
drift and/or dust nuisance. In the event that the Shire of Esperance is aware
of, or is made aware of, the existence of a dust problem, measures such as
installation of sprinklers, use of water tanks, mulching, or other land
management systems as appropriate may be required to be installed or
implemented 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).
9. The proposed operations, during and
after construction, are required to comply with the Environmental
Protection (Noise) Regulations 1997.
AND the following advice notes:
1. THIS
IS NOT A BUILDING PERMIT. An application for a building permit is required to
be submitted and approved by the Shire of Esperance (Building Services) prior
to any works commencing on-site.
2. The
development is to comply with the Building Code of Australia, Building
Act 2011, Building Regulations 2012 and the Local Government
Act 1995.
3. It
is the responsibility of the applicant to ensure that building setbacks
correspond with the legal description of the land. This may necessitate
re-surveying and re-pegging the site. The Shire of Esperance will take
no responsibility for incorrectly located buildings.
4. It
is the responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
5. The
Department of Water and Environmental Regulation and Environment Regulation
has prepared dust control guidelines for development sites, which outline the
procedures for the preparation of dust management plans. Further information
on the guidelines can be obtained from the Department of Water and
Environmental Regulation and Environmental Regulation’s website www.dwer.wa.gov.au
under air quality publications.
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.
Voting Requirement Simple Majority
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Item: 12.1.3
Development Application
- Animal Establishment - Lot 214 (108) Burton Road, Castletown
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Author/s
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Peter Wilks
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Senior Planning Officer
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Authorisor/s
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Richard Hindley
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Manager Strategic Planning & Land Projects
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File Ref: D19/27961
Applicant
Louise Powell
Location/Address
Lot 214 (108) Burton Road, Castletown
Executive Summary
For Council to consider Development Application
10.2019.4206.1 for an Animal Establishment at Lot 214 (108) Burton Road,
Castletown.
Recommendation in Brief
That Council resolves to refuse Development
Application 10.2019.4206.1 for an Animal Establishment at Lot 214 (108) Burton
Road, Castletown on the following ground:
· The proposed development
is an ‘X’ use that is not permitted by the Scheme.
Background
A service request was received by the Shire which
resulted in the property being investigated and it being determined that a Dog
Grooming business was operating from the property. The applicant was advised of
the need to obtain a development approval.
An application for development approval was received
on 26 September 2019 for a proposed Home Business (Dog Grooming) at Lot 214
(108) Burton Road.
Home Business is an ‘A’ use in the Scheme,
and has a mandatory advertising requirement to landowners that may be affected
by the proposal. In this instance it was determined that the two lots to either
side and one lot to the rear would be most impacted by the proposal.
Advertising was undertaken for two weeks from 4
October to 18 October 2019 with two objections being received as a result.
Four additional non-objections from other landowners
in the vicinity were also received as part of the application.
A complaint was received from Lot 273 (121) Goldfields
Road, Castletown regarding the business on 7 November 2019, and has been
included in this report.
Officer’s Comment
Lot 214 (108) Burton Road, Castletown is zoned
‘Residential’ (R20) and is not affected by any Special Control
Areas.
A Home Business means a dwelling or land around a
dwelling used by an occupier of the dwelling to carry out a business, service
or profession if the carrying out of the business, service or profession
—
a) does
not involve employing more than 2 people who are not members of the occupier’s
household; and
b) will
not cause injury to or adversely affect the amenity of the neighbourhood; and
c) does
not occupy an area greater than 50 m2; and
d) does
not involve the retail sale, display or hire of any goods unless the sale,
display or hire is done only by means of the Internet; and
e) does
not result in traffic difficulties as a result of the inadequacy of parking or
an increase in traffic volumes in the neighbourhood; and
f) does
not involve the presence, use or calling of a vehicle of more than 4.5 tonnes
tare weight; and
g) does
not involve the use of an essential service that is greater than the use
normally required in the zone in which the dwelling is located;
In this instance it is acknowledged by Planning
Services that the proposed Dog Grooming will have an adverse impact on the
amenity of the neighborhood due to increased generation of animal related noise
and increased traffic volumes. These impacts result in the proposal being
inconsistent with the definition of a ‘Home Business’, and as such
the proposal needs to be assessed against the objectives of the
‘Residential’ zone as an Unspecified Use.
The relevant objective of the
‘Residential’ zone in this instance is as follows:
- To
provide for a range of non-residential uses, which are compatible with and
complementary to residential development.
In this instance it was the position of Planning
Services that the proposed Unspecified Use (Dog Grooming) is not complementary
to residential development due to noise impact.
The objections received were on the following grounds:
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Objection:
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Planning Comment:
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As the property and surrounding locality is a Residential
zoned area, the use of the land and buildings for the purposes of dog
grooming is incompatible and better suited to the industrial area.
|
Under Local Planning Scheme No. 24, Home Business is an 'A'
use which means that the land use can be considered subject to mandatory
advertising in accordance with the provisions of Local Planning Scheme No. 24
and Clause 64 of the Deemed Provisions of the Planning and Development
(Local Planning Schemes) Regulations 2015.
|
|
That said it is acknowledged that Dog Grooming is an
activity that can have a substantially higher impact on amenity than a number
of other home business activities (such as Home Baking) and that it is better
suited as a home business is lower density areas (such as the Rural
Residential zone) where potential impacts can be mitigated through distances
to adjoining properties.
The level of impact is sufficient to warrant the proposal
being assessed as an Unspecified Use and not as a Home Business.
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Noise impact from barking dogs, and specifically from the
additional impact of unfamiliar animals being bought onto a property that
already houses several dogs
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It is acknowledged that noise generation from the proposal
is a valid concern. The proposal will cause a substantial increase in noise
as a result of barking dogs. Dogs do tend to bark and/or misbehave when
around unfamiliar animals or in unfamiliar environments which will result in
increased noise generation when compared to someone keeping dogs as pets or
someone running a different type of home business.
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Lack of car parking along Burton Road and lack of access to
car parking on-site.
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It is acknowledged that car parking issues are a valid
concern with the proposal. There is a high fence and gate at the front of the
property which restricts/prevents vehicles from entering the site forcing
vehicles associated with the use of the site to park in the road verge which
is of insufficient dimension and constrained by existing vegetation and
electrical infrastructure. The standard requirement is for vehicles to be
parked on-site which may not be possible in this instance due to the need to
keep the gate shut to contain animals to the property.
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Concern that proposed Home Business will expand beyond what
is appropriate for a Home Business
|
A valid concern for any home business. Standard practice
would be to apply conditions to any approval limiting the maximum number of
patrons (or animals in this case) per day and requiring the business to
relocate to a more appropriate area in the event that they expand beyond the
limits of any conditions applied. It is acknowledged that this approach is
somewhat flawed due to the limited ability of the Shire to monitor the Dog
Grooming Business.
|
A complaint was received from Lot 273 (121) Goldfields
Road, Castletown regarding the business on 7 November 2019. This complaint
indicated that the Dog Grooming business at Lot 214 (108) Burton Road was also
offering services as Kennels (supported by evidence from Facebook) to allow for
people to drop their animals off at the property for the day.
This was verified by searching for the referred to
post on Facebook and finding the post that was supplied as part of submission.
The Dog Grooming and Boarding business is more
appropriately defined as an ‘Animal Establishment’ which is an
‘X’ or Not Permitted land use in the ‘Residential’
zone.
Animal Establishment means premises used for
the breeding, boarding, training or caring of animals for commercial purposes
but does not include animal husbandry — intensive or veterinary centre;
Options
Option 1
That Council resolves to refuse Development
Application 10.2019.4206.1 for an unspecified use (Dog Grooming) at Lot 214
(108) Burton Road, Castletown on the following ground:
· The proposed development is not
consistent with the objections of the Residential zone.
Option 2
That Council resolves to refuse Development
Application 10.2019.4206.1 for an Animal Establishment at Lot 214 (108) Burton
Road, Castletown on the following ground:
· The proposed development
is an ‘X’ use that is not permitted by the Scheme.
This is the officer recommendation as the land use cannot be
approved under the Scheme.
Option 3
That Council resolves to approve Development
Application 10.2019.4206.1 for an unspecified land use (Dog Grooming) at Lot
214 (108) Burton Road, Castletown subject to the following conditions:
1) Development shall be carried out and
fully implemented in accordance with the details indicated on the stamped
approved plan(s) unless otherwise required or agreed in writing by the Shire of
Esperance (Planning Services).
2) During
construction/implementation/remediation stages, adjoining lots are not to be
disturbed without the prior written consent of the affected owner(s).
3) The approved home based business is
not to entail the grooming of more than five dogs or other animals per day.
4) Under no circumstances are dogs to
board at the premise for any duration this approval relates to the grooming of
dogs only.
5) The approved home based business must
not cause injury to or prejudicially affect the amenity of the neighbourhood.
6) The approved home based business must
not involve the retail sale, display or hire of goods of any nature.
7) The approved home based business must
not display a sign exceeding 0.2 square metres in area.
8) The approved home based business must
not entail the presence, use or calling of a vehicle of more than 4.5 tonnes
tare weight
9) The approved home based business must
not require the provision of any essential service main of a greater capacity
than normally required in the zone in which it is located.
10) This development approval relates to
the land the subject of the application and the applicant only, and cannot be
assigned to any other person or transferred to any other property or premises.
11) All vehicles associated with the
approved use are to be parked on-site or are to the parked on-street in such a
manner as to not adversely impact on vehicular or pedestrian traffic in the
surrounding area.
12) 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.
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) The proposed operations, during and
after construction, are required to comply with the Environmental Protection
(Noise) Regulations 1997.
And the following advice notes:
1) The development is to comply with the
National Construction Code, Building Act 2011, Building Regulations
2012 and the Local Government Act 1995
2) It is the responsibility of the
developer to search the title of the property to ascertain the presence of any
easements and/or restrictive covenants that may apply.
3) Horizon Power has requested the Shire
to advise Applicants that Horizon Power has certain restrictions regarding the
installation of conductive materials near its network assets. Applicants are
advised to contact Horizon Power’s Esperance office to ascertain whether
any of Horizon Power’s restrictions affect their proposed development.
4) The 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.
5) 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
· Health Act (Laundries and Bathrooms)
Regulations 1971
6) The
development the subject of this development approval is required to comply with
the Shire Esperance Health Local Laws 2009.
7) Should the
maximum number of dogs or other animals being groomed per day exceed five; the
business will be required to relocate to more appropriate premises.
This option limits the land use to the grooming of no more
than 5 dogs and prohibits the boarding of animals on the premise.
Consultation
The application was referred to the adjoining
landowners as a Home Business. Home Business is an ‘A’ use in the
Scheme, and has a mandatory advertising requirement to landowners that may be
affected by the proposal. In this instance it was determined that the two lots
to either side and one lot to the rear would be most impacted by the proposal.
It should be noting that the advertising undertaken satisfies the requirements
for an unspecified land use.
Advertising was undertaken for two weeks from 4
October 2019 to 18 October 2019 with two objections being received as a result.
Four additional non-objections from other landowners
in the vicinity were also received as part of the application.
A complaint was received from Lot 273 (121) Goldfields
Road, Castletown regarding the business on 7 November 2019, and has been
included in this report.
Financial Implications
Application fees totalling $222.00 were received as part of
this application.
Asset Management Implications
Nil
Statutory Implications
Local Planning Scheme No. 24
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
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⇩.
|
Plans
|
|
|
b⇩.
|
Non-objections
|
|
|
c⇩.
|
Objection - 117 Goldfields
|
|
|
d⇩.
|
Objection - 115 Goldfields
|
|
|
e⇩.
|
Complaint - 121 Goldfields
|
|
|
f⇩.
|
Facebook Extracts
|
|
|
Officer’s Recommendation
That Council resolves to refuse
Development Application 10.2019.4206.1 for an Animal Establishment at Lot 214
(108) Burton Road, Castletown on the following ground:
· The proposed development
is an ‘X’ use that is not permitted by the Scheme.
Voting Requirement Simple Majority
|
Item: 12.1.4
Development Application
- Proposed Industrial Building - Lot 24 (3) McDonald Circuit, Chadwick
|
Author/s
|
Peter Wilks
|
Senior Planning Officer
|
|
Authorisor/s
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
File Ref: D19/28208
Applicant
Wells Building Designer and Consultants on behalf of
Walter Family Super Pty Ltd
Location/Address
Lot 24 (3) McDonald Street, Chadwick
Executive Summary
That Council consider Development Application
10.2019.4175.1 for an Industrial Building at Lot 24 (3) McDonald Road,
Chadwick.
Recommendation in Brief
That Council approve Development Application
10.2019.4175.1 for an Industrial Building at Lot 24 (3) McDonald Road, Chadwick
subject to conditions.
Background
A development application was received by Shire of
Esperance (Planning Services) on 14 August 2019 for an Industrial Building at
Lot 24 (3) McDonald Road, Chadwick.
Due to concerns regarding vehicle safety and traffic
flow relating to the proposed vehicle access and egress the proposal was
referred to Shire of Esperance (Asset Management Division) for comment.
Following discussions with the applicant, amended
plans were submitted on 6 November 2019. Along with the amended plans the
applicant requested that the proposal be placed before Council for a variation
to the sealing requirements for industrial sites required under Local Planning
Scheme No. 24.
Officer’s Comment
Lot 24 (3) McDonald Road, Chadwick is zoned General
Industry. It is not affected by any special control areas. The applicant
proposes a variation to the sealing provisions of Local Planning Scheme No. 24.
Local Planning Scheme No. 24 Schedule 1, Clause 21 (b)
states as follows:
b) All
areas utilised for vehicle parking,
manoeuvring, access and egress in the General Industry zone are to be sealed,
marked and formalised as per Australian Standard 2890.1-2004 as amended.
Shire of Esperance (Asset Management Division) has
requested that vehicle parking, manoeuvring, access and egress areas be sealed
to prevent dust nuisance and the movement of foreign materials into the Shire
drainage system for the industrial estate.
The applicant has indicated that they are only willing
to seal the areas marked on the plans, which consist of the western crossover,
the crossover and access to the Industrial Building from the south, and a small
area on the east of the Industrial Building (the hatched area on the plan
(Attachment A) is proposed to be unsealed and formed of crushed rock).
The application has been referred to Council as the
proposal calls for a variation to the Scheme standard. The officer’s
recommendation is in support of Asset Management for full sealing of the site
in accordance with the Scheme requirement; however it is acknowledged that
sealing may be cost prohibitive for commercial and industrial businesses in the
Shire of Esperance.
Consultation
The application was referred to Shire of Esperance
(Asset Management Division) and Shire of Esperance (Environmental Health
Services) for comment.
Options
Option
1 –Sealing in accordance with Scheme requirement (Officers
Recommendation):
That Council approve Development Application
10.2019.4175.1 for an Industrial Building at Lot 24 (3) McDonald Road, 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 plan(s) unless otherwise required or agreed
in writing by the Shire of Esperance (Planning Services).
2. During
construction stage, adjoining lots are not to be disturbed without the prior
written consent of the affected owner(s).
3. The
approved development shall not be used for human habitation.
4. A
minimum of five (5) car parking bays and any applicable accessible bays are to
be provided on-site in accordance with the requirements of Australian Standard
AS2890.1:2004 Parking Facilities – Off-street Car Parking, Australian
Standard 2890.6 and the Building Code of Australia.
5. Prior
to the commencement of the use, vehicle parking, manoeuvring and circulation
areas shall be suitably constructed, sealed, drained, kerbed, marked (including
disabled bays) and thereafter maintained to the satisfaction of the Shire of
Esperance (Asset Management Division).
6. All
car parking areas and access ways shall be maintained for their stated purpose
at all times and shall not be used for display or general storage purposes.
7. No
parking or display of vehicles and/or equipment shall occur within the road
verge area at any time.
8. All
delivery vehicles must be located entirely on the site during loading and
unloading of goods associated with the use of the site.
9. Prior to the application for a Building Permit,
a detailed stormwater management plan (incorporating water sensitive urban
design principles) must be submitted to and approved by the Shire of Esperance
(Asset Management Division). The stormwater management plan must be implemented
prior to Development being occupied.
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 any application for a Building Permit
or BUILDING APPROVAL BEING RECEIVED, 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. Where
petrol, benzine or other flammable or explosive substances or grease, oil or
greasy/oil matter is likely to be discharged, a sealed wash down area and a
petrol and plate oil separator must be installed and connected to an approved
onsite effluent disposal system.
14. 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.
15. All
fencing shall be in accordance with the Shire of Esperance Local Law Relating
to Fencing.
16. 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).
17. The
proposed operations, during and after construction, are required to comply with
the Environmental Protection (Noise) Regulations 1997.
AND the following advice
notes:
1. THIS
IS NOT A BUILDING PERMIT. An application for a building permit is required
to be submitted and approved by the Shire of Esperance (Building Services)
prior to any works commencing on-site.
2. The development is to comply with the National
Construction Code, Building Act 2011, Building Regulations 2012
and the Local Government Act 1995
3. It
is the responsibility of the applicant to ensure that building setbacks
correspond with the legal description of the land. This may necessitate
re-surveying and re-pegging the site. The Shire of Esperance will take no
responsibility for incorrectly located buildings.
4. It
is the responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
5. Horizon
Power has requested the Shire to advise Applicants that Horizon Power has
certain restrictions regarding the installation of conductive materials near
its network assets. Applicants are advised to contact Horizon Power’s
Esperance office to ascertain whether any of Horizon Power’s restrictions
affect their proposed development.
6. The
Department of Water and Environmental Regulation and Environment Regulation has
prepared dust control guidelines for development sites, which outline the
procedures for the preparation of dust management plans. Further information on
the guidelines can be obtained from the Department of Water and Environmental
Regulation and Environmental Regulation’s website www.dwer.wa.gov.au
under air quality publications.
7. 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.
8. 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
· Health Act (Laundries and Bathrooms) Regulations 1971
9. The
development the subject of this development approval is required to comply with
the Shire Esperance Health Local Laws 2009.
Option 2 – Partial Seal:
That Council approve Development Application
10.2019.4175.1 for an Industrial Building at Lot 24 (3) McDonald Road, 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 plan(s) unless otherwise required or agreed
in writing by the Shire of Esperance (Planning Services).
2. During
construction stage, adjoining lots are not to be disturbed without the prior
written consent of the affected owner(s).
3. The
approved development shall not be used for human habitation.
4. A
minimum of five (5) car parking bays and any applicable accessible bays are to
be provided on-site in accordance with the requirements of Australian Standard
AS2890.1:2004 Parking Facilities – Off-street Car Parking, Australian
Standard 2890.6 and the Building Code of Australia.
5. Prior
to the commencement of the use, vehicle parking, manoeuvring and circulation
areas shall be suitably constructed, sealed and drained as per the approved
plans and are to be thereafter maintained to the satisfaction of the Shire of
Esperance (Asset Management Division).
6. All
car parking areas and access ways shall be maintained for their stated purpose
at all times and shall not be used for display or general storage purposes.
7. No
parking or display of vehicles and/or equipment shall occur within the road
verge area at any time.
8. All
delivery vehicles must be located entirely on the site during loading and
unloading of goods associated with the use of the site.
9. Prior to the application for a Building Permit,
a detailed stormwater management plan (incorporating water sensitive urban
design principles) must be submitted to and approved by the Shire of Esperance
(Asset Management Division). The stormwater management plan must be implemented
prior to Development being occupied.
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 any application for a Building Permit
or BUILDING APPROVAL BEING RECEIVED, 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. Where
petrol, benzine or other flammable or explosive substances or grease, oil or
greasy/oil matter is likely to be discharged, a sealed wash down area and a
petrol and plate oil separator must be installed and connected to an approved
onsite effluent disposal system.
14. 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.
15. All
fencing shall be in accordance with the Shire of Esperance Local Law Relating
to Fencing.
16. 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).
17. The
proposed operations, during and after construction, are required to comply with
the Environmental Protection (Noise) Regulations 1997.
AND the following advice
notes:
1. THIS
IS NOT A BUILDING PERMIT. An application for a building permit is required
to be submitted and approved by the Shire of Esperance (Building Services)
prior to any works commencing on-site.
2. The development is to comply with the National
Construction Code, Building Act 2011, Building Regulations 2012
and the Local Government Act 1995
3. It is the
responsibility of the applicant to ensure that building setbacks correspond
with the legal description of the land. This may necessitate re-surveying
and re-pegging the site. The Shire of Esperance will take no
responsibility for incorrectly located buildings.
4. It
is the responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
5. Horizon
Power has requested the Shire to advise Applicants that Horizon Power has
certain restrictions regarding the installation of conductive materials near
its network assets. Applicants are advised to contact Horizon Power’s
Esperance office to ascertain whether any of Horizon Power’s restrictions
affect their proposed development.
6. The Department
of Water and Environmental Regulation and Environment Regulation has prepared
dust control guidelines for development sites, which outline the procedures for
the preparation of dust management plans. Further information on the guidelines
can be obtained from the Department of Water and Environmental Regulation and
Environmental Regulation’s website www.dwer.wa.gov.au under air quality
publications.
7. 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.
8. 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
· Health Act (Laundries and Bathrooms) Regulations 1971
9. The
development the subject of this development approval is required to comply with
the Shire Esperance Health Local Laws 2009.
Financial Implications
Application fees totalling $1104.00 were received as part of
this application.
Asset Management Implications
Dust nuisance has been noted as an issue in the locality,
affecting vehicles moving through the industrial estate as well as users of the
South Coast Highway and Harbour Road.
Loose materials and gravel has been noted as moving into the
stormwater drainage system servicing the industrial estate between Sims Street,
Harbour Road and the South Coast Highway which impacts on the efficiency and
effectiveness of the stormwater drainage system.
Statutory Implications
Local Planning Scheme No. 24
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
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⇩.
|
Plans
|
|
|
b⇩.
|
Applicants Justification for
Variation
|
|
|
Officer’s Recommendation
That Council approve development application
10.2019.4175.1 for an Industrial Building at Lot 24 (3) McDonald Road,
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 plan(s) unless otherwise required or agreed
in writing by the Shire of Esperance (Planning Services).
2. During
construction stage, adjoining lots are not to be disturbed without the prior
written consent of the affected owner(s).
3. The
approved development shall not be used for human habitation.
4. A
minimum of five (5) car parking bays and any applicable accessible bays are
to be provided on-site in accordance with the requirements of Australian
Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking,
Australian Standard 2890.6 and the Building Code of Australia.
5. Prior
to the commencement of the use, vehicle parking, manoeuvring and circulation
areas shall be suitably constructed, sealed, drained, kerbed, marked
(including disabled bays) and thereafter maintained to the satisfaction of
the Shire of Esperance (Asset Management Division).
6. All
car parking areas and access ways shall be maintained for their stated
purpose at all times and shall not be used for display or general storage
purposes.
7. No
parking or display of vehicles and/or equipment shall occur within the road
verge area at any time.
8. All
delivery vehicles must be located entirely on the site during loading and
unloading of goods associated with the use of the site.
9. Prior to the application for a Building
Permit, a detailed stormwater management plan (incorporating water
sensitive urban design principles) must be submitted to and approved by the
Shire of Esperance (Asset Management Division). The stormwater management
plan must be implemented prior to Development being occupied.
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 any application for a Building
Permit or BUILDING APPROVAL BEING RECEIVED, 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. Where
petrol, benzine or other flammable or explosive substances or grease, oil or
greasy/oil matter is likely to be discharged, a sealed wash down area and a
petrol and plate oil separator must be installed and connected to an approved
onsite effluent disposal system.
14. 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.
15. All
fencing shall be in accordance with the Shire of Esperance Local Law Relating
to Fencing.
16. 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).
17. The
proposed operations, during and after construction, are required to comply
with the Environmental Protection (Noise) Regulations 1997.
AND the following advice
notes:
1. THIS
IS NOT A BUILDING PERMIT. An application for a building permit is required to
be submitted and approved by the Shire of Esperance (Building Services) prior
to any works commencing on-site.
2. The development is to comply with the National
Construction Code, Building Act 2011, Building Regulations 2012 and the Local
Government Act 1995
3. It
is the responsibility of the applicant to ensure that building setbacks
correspond with the legal description of the land. This may necessitate
re-surveying and re-pegging the site. The Shire of Esperance will take
no responsibility for incorrectly located buildings.
4. It
is the responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
5. Horizon
Power has requested the Shire to advise Applicants that Horizon Power has
certain restrictions regarding the installation of conductive materials near
its network assets. Applicants are advised to contact Horizon Power’s
Esperance office to ascertain whether any of Horizon Power’s
restrictions affect their proposed development.
6. The
Department of Water and Environmental Regulation and Environment Regulation
has prepared dust control guidelines for development sites, which outline the
procedures for the preparation of dust management plans. Further information
on the guidelines can be obtained from the Department of Water and
Environmental Regulation and Environmental Regulation’s website www.dwer.wa.gov.au
under air quality publications.
7. 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.
8. 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
· Health Act (Laundries and Bathrooms) Regulations
1971
9. The
development the subject of this development approval is required to comply
with the Shire Esperance Health Local Laws 2009.
Voting Requirement Simple Majority
|
12.2 Asset Management
Item: 12.2.1
Gibson
Dalyup Road
|
Author/s
|
Mathew Walker
|
Director Asset Management
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/27868
Applicant
Internal
Location/Address
Gibson Dalyup Road
Executive Summary
For Council to consider allocating the additional
Roads to Recovery Funding to Gibson Dalyup Road for repair works.
Recommendation in Brief
That Council approve a budget variation for Gibson
Dalyup Road Reconstruction.
Background
The Shire has received additional Roads to Recovery
funding through an increase to the program that was not accounted for at budget
time. The additional allocation in funding is $364,824 per year, bringing our
annual allocation to $1,824,122. We have been requested to allocate the
additional money to projects to be undertaken this year.
Council has already allocated $278,400 to the Gibson
Road culvert works at the Special Council Meeting on the 15 October 2019. This
has left $86,424 unallocated.
Officer’s Comment
Shire officers propose to allocate the remaining Roads
to Recovery allocation to Gibson Dalyup Road for the reconstruction of a bend
located between SLK 16.72 and 17.08 being 360m in length. This section of road
has deteriorated
rapidly over the past few months due to the subgrade failing and requires
attention now for safety and useability of the road. Further works will be required in
future years in the vicinity of this section of
Gibson Dalyup Road that will be programmed in future annual works programs.
Consultation
Nil
Financial Implications
The financial implications arising from this report are detailed
below.
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
Gibson Dalyup Road
Reconstruction
|
New
|
0
|
86,424
|
86,424
|
|
Roads to Recovery Income
|
7930-151
|
(1,737,698)
|
(1,824,122)
|
(86,424)
|
|
Net result
|
Nil
|
Asset Management Implications
Capital funding that is directed to the renewal of assets
will have no asset management implications and help maintain our current level
of service.
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
Road networks that meet
the needs of our community and provide safe movement for all users
Deliver a diverse,
efficient and safe transport system
Corporate Business Plan 2019/2020 – 2022/2023
B3.2 Renew, upgrade & build new rural
infrastructure
Environmental Considerations
Nil
Attachments
Nil
|
Officer’s Recommendation
That Council approve a budget
variation for Gibson Dalyup Road Reconstruction as follows
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
Gibson Dalyup Road
Reconstruction
|
New
|
0
|
86,424
|
86,424
|
|
Roads to Recovery
Income
|
7930-151
|
(1,737,698)
|
(1,824,122)
|
(86,424)
|
|
Net result
|
Nil
|
Voting Requirement Absolute
Majority
|
12.3 Corporate Resources
Item: 12.3.1
Lease
Renewal - Ports Football Club
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/27321
Applicant
Ports Football Club
Location/Address
Portion of Lot 968 Black Street Esperance, Reserve
3287
Executive Summary
For Council to consider entering into a new lease with
the Ports Football Club for their clubrooms located on portion of the greater
sports ground, Lot 968 Black Street Esperance.
Recommendation in Brief
That Council agrees to enter into a new lease with the
Ports Football Club for their clubrooms located on portion of the greater
sports ground, Lot 968 Black Street Esperance.
Background
Ports Football Clubrooms were constructed in 1978 and
the Club has leased the premises since July 1978.
During the lease renewal process in 2010, Council
resolved that the Club be granted management, maintenance and control of Ports
Football Oval perimeter lighting.
The current lease commenced in 2010 and is due to
expire in February 2020.
Ports Football Club has requested to renew the lease
for a term of 20 years.
Officer’s Comment
Previous reports note that the future of the greater
sports ground may not include the Ports building, however recent discussions
with officers has identified that this plan has now changed and there are no
issues with a long term lease being entered into with the Club for their
current building.
The Club has advised that they are looking to do some
works to the building, in particular the toilet areas, and also the lighting
towers. Development approvals will be required for any works to occur onsite.
The current lease area is over the building only,
however the lease area should be amended to also include the perimeter lighting
towers surrounding Ports Oval adjacent to the clubrooms to prevent any
confusion regarding ownership and maintenance responsibility of these lights.
Consultation
Ports Football Club
Manager Strategic Planning and Land Projects
Manager Community and Economic Development
Coordinator Environmental Health
Financial Implications
Lease preparation fee of $130 Inc GST
Annual lease fee of $110 Inc GST
Asset Management Implications
Nil – the building and lighting towers are owned and
maintained by the Club.
Statutory Implications
Local Government Act 1995 – s3.58 Disposal of property
Local Government (Functions and General) Regulations 1996 – s30(2)(e) Dispositions of
property excluded from Act s3.58
Land Administration Act 1997 – s18 Crown land transactions
that need Minister’s approval
Policy Implications
COR004: Building and Property Leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A Community where
everyone feels welcomed, involved and connected to each other
Create a social
environment that is accessible and inclusive for all ages and abilities
Corporate Business Plan 2017/2018 – 2020/2021
Manage Shire Leases and Insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Ports Football Club Renewal Request
|
|
|
Officer’s Recommendation
That Council, subject to Department
of Lands’ approval, agrees to;
1. Enter
into a new lease with Ports Football Club for portion of Lot 968 Black Street
Esperance, Reserve 3287;
2. Term
of the lease being 20 years;
3. Lease
preparation fee of $130 Inc GST being payable;
4. Annual
lease fee of $110 Inc GST being payable;
5. Lighting
towers being included within the lease area;
6. The
lease terms being as per the standard lease template for sporting and
community groups; and
7. Development
approvals being sought prior to any works occurring on the site.
Voting Requirement Simple Majority
|
Item: 12.3.2
MOU
Extension - Esperance Indoor Sports Stadium Committee
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
|
Trevor Ayers
|
Manager Community & Economic Development
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/27780
Applicant
Esperance Indoor Sports Stadium Management Committee
Location/Address
Portion Lot 968 Black Street Esperance, Reserve 3287
Executive Summary
For Council to consider extending the current
Memorandum of Understanding with the Esperance Indoor Sports Stadium Management
Committee until 30 April 2020.
Recommendation in Brief
That Council agrees to extend the current Memorandum
of Understanding with the Esperance Indoor Sports Stadium Management Committee
until 30 April 2020.
Background
The Esperance Indoor Sports Stadium Management
Committee (EISSMC) have managed the premises since August 1986, with an
original management agreement for 5 years. The Committee continued to manage
the property following this agreement’s expiry, although the agreement
was not formally renewed at the time.
In September 2012 Council resolved to enter into a new
5 year lease, however this was not finalised.
In November 2014 Council resolved to enter into a 21
year lease, which commenced 1 January 2015. This lease was surrendered in April
2016 following Council’s resolution to accept the transfer of the
stadium’s ownership from the EISSMC.
The current Memorandum of Understanding (MOU) for management
of the stadium commenced in December 2016 for a period of 3 years and is due to
expire December 2019. This MOU is attached as Attachment B.
The EISSMC have requested to extend the MOU until April 2020
to enable handover of management to the Shire to occur between basketball and
netball/volleyball seasons as these are the largest users of the stadium.
Officer’s Comment
The current MOU with the EISSMC was arranged for
management of the indoor sports stadium until the redevelopment of the facility
was completed. As the new stadium is now under construction, the Committee was
contacted to discuss management arrangements for when this is completed.
The Committee has advised that they wish for
management of the stadium be handed over to the Shire, however requested that
this be completed outside of any ongoing sport seasons and suggested that a
good time for this to occur would be April 2020.
With this decision and timeframe confirmed by the
stadium committee, an alternate management arrangement will need to be
introduced prior to the completion of the new stadium in 2020.
Consultation
Esperance Indoor Sports Stadium Management Committee
Manager Community and Economic Development
Community development and Events Coordinator
Financial Implications
Nil
Asset Management Implications
As per the Shire’s current maintenance plan.
Statutory Implications
Local Government Act 1995 – s3.58 Disposal of property
Local Government (Functions and General) Regulations 1996 – s30(2)(e) Dispositions of
property excluded from Act s3.58
Policy Implications
COR 004: Building and Property Leases
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
Corporate Business Plan 2017/2018 – 2020/2021
Manage Shire Leases and Insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Esperance Indoor Stadium Committee
MOU Extension Request
|
|
|
b⇩.
|
Current MOU with EISSMC
|
|
|
Officer’s Recommendation
That Council agrees to extend the
current Memorandum of Understanding with the Esperance Indoor Sports Stadium
Management Committee for management of the Indoor Sports Stadium until 30
April 2020.
Voting Requirement Simple Majority
|
Item: 12.3.3
Sublease
Request - Old Hospital Building Museum Village - Andrea McVeigh
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/27834
Applicant
Andrea McVeigh
Location/Address
Portion of 60 Dempster Street, Esperance
Executive Summary
For Council to consider approving Andrea
McVeigh’s request to sublet a room of the Old Hospital Building to Tammy
Maloney and Terri Kingi.
Recommendation in Brief
That Council agrees to approve Andrea McVeigh’s
request to sublet a room of the Old Hospital Building to Tammy Maloney and
Terri Kingi.
Background
Andrea McVeigh has been leasing the Old Hospital
Building in the Museum Village since September 2015. During this time there
have been various alternate parties utilising the building under either
sublease or casual hire arrangements.
In September 2017, the lease was amended to include
Sara Hall as co-lessee who was operating from the building to offer beauty
treatments to clients.
In June 2019, Sara Hall relocated to another building
within the Museum Village and was removed as co-lessee of the lease.
Andrea has now requested that she be able to sublease one
room of the building to allow both Tammy Maloney and Terri Kingi to offer their
respective health treatments from within the building. This is to be on a
room-share arrangement with trading days and times for each party to be managed
by Andrea.
Tammy has advised that she intends to operate one day per
week to offer Reiki, a Japanese technique for stress reduction and relaxation
that also promotes healing.
Terri has advised that she intends to operate from the
building between 9am and 4pm weekdays and 9am to 1pm on weekends, with the
possibility of after-hours appointments as required. Terri intends to offer
holistic healing, including timeline therapy, hypnosis, neuro-linguistic
programming (NLP) as well as Reiki and crystal healing.
Officer’s Comment
Currently the hours noted by Tammy would fall within the
casual hire clause of the lease, rather than a subleasing arrangement, however
Andrea has indicated that Tammy may increase her operating hours in future
dependant on demand and other commitments which would then require a sublease
arrangement to be sought.
Andrea has advised that offering the additional services from
within the building will enable new and existing clients to access a greater
variety of health and wellbeing treatments in the one location and may include
services which are not currently offered elsewhere in Esperance. This is
particularly helpful for tourists visiting town as they can seek many
treatments in the once place.
The applicable use of the building as specified in the
current lease is ‘health and natural therapy treatments and the retail of
associated health products and gifts’. This proposal is seen to be
consistent with this use.
Consultation
Andrea McVeigh
Terri Kingi
Tammy Maloney
Manager Strategic Planning and Land Projects
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995
Policy Implications
COR 004: Building and Property Leases
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
Manage Shire Leases and Insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Sublease Request - Andrea McVeigh
|
|
|
b⇩.
|
Sublease Request - Tammy Maloney
|
|
|
c⇩.
|
Sublease Request - Terri Kingi
|
|
|
Officer’s Recommendation
That Council agrees to approve
Andrea McVeigh’s request to sublet a room at the Old Hospital Building
to Terri Kingi and Tammy Maloney subject to the following;
1. Term
of the sublease arrangements to be no longer than that of the Head Lease
between the Shire of Esperance and Andrea McVeigh; and
2. Sublease
terms and conditions not to contradict any terms within the Head Lease.
Voting Requirement Simple Majority
|
26 November 2019 Page
101
26 November 2019 Page
102
26 November 2019 Page
104
26 November 2019 Page
105
Item: 12.3.4
Lease Renewal - Tammy
Maloney - Old Station Master's Ticket Box Museum Village
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/27851
Applicant
Tammy Maloney
Location/Address
Portion of Lot 103 Dempster Street Esperance, Reserve
2815
Executive Summary
For Council to consider renewing the lease with Tammy Maloney
at the Old Station Master’s Ticket Box, Museum Village.
Recommendation in Brief
That Council agrees to renew the lease with Tammy
Maloney at the Old Station Master’s Ticket Box, Museum Village.
Background
The current lease for the premises began in June 2015
with the Lessee being Donna Hutcheson. The lease was assigned to Tammy Maloney
in May 2019 when she has purchased the business from the previous Lessee.
The lease is due to expire in December 2019 and Tammy
has submitted a request to renew this for a term of 6 months with an option of
a further term of 6 months. Tammy has advised that she is uncertain whether she
will continue to operate the business due to the economic climate in Esperance
and that she has been unable to value add to the business.
Tammy previously lodged a request with regard to a
coffee cart being located adjacent to the premises one day per week, however
this was not approved as Shire policy states that temporary stalls selling
coffee are required to be 300m away from any existing retail business which
sells coffee.
Officer’s Comment
Advice provided by Peter Lee-Steere of Herron Todd
White Valuers is that his valuation dated 13 April 2017 for rental values
within the Museum Village would still be appropriate at the present time. This
provided a valuation of $60/m2 ex GST for the Old Station
Master’s Ticket Box.
Currently all other buildings within the Museum
Village are being charged as per COR 003, being average rental for the CBD less
20%, which is currently $128/m2.
The Old Station Master’s Ticket Box does not
have a water connection which limits the types of activities for which the
building may be used and the carriage to the rear of the building is not able
to be used by the public and may only be used for storage. The building is also
offset from the main village precinct which significantly reduces the patronage
of the building, compared to other Village Buildings. Due to these factors, it
is recommended that the annual rent remains at the current rate of $60/m2
ex GST, being $3,725.70 Inc GST.
Currently the Shire are arranging for a masterplan of the
James Street Precinct to be developed which will include the Lot where this
building is located. Advice from the Manager Community and Economic Development
is that extending the current arrangement for a further 6-12 months will not be
detrimental to future precinct development plans.
Consultation
Tammy Maloney
Peter Lee-Steere – Certified Practising Valuer
Manager Community and Economic Development
Financial Implications
Annual lease fee of $3,725.70 Inc GST
Asset Management Implications
As per the current maintenance schedule.
Statutory Implications
Local Government Act 1995 – s3.58 Disposal of property
Local Government (Functions and General) Regulations 1996 – s30(2)(e) Dispositions of
property excluded from Act s3.58
Land Administration Act 1997 – s18 Crown land transactions
that need Minister’s approval
Policy Implications
COR 003: Museum Park Buildings Leasing Arrangements
COR 004: Building and Property Leases
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
Manage Shire Leases and Insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Tammy Maloney - Lease Renewal
Request
|
|
|
Officer’s Recommendation
That Council, subject to Department
of Lands’ approval, agrees to;
1. Enter
into a new lease with Tammy Maloney for the Old Hospital Building Museum
Village, portion of Lot 103 Dempster Street Esperance Reserve 2815;
2. The
term being 6 months, with an option to extend for a further term of 6 months;
3. Annual
lease fee being $3,725.70 Inc GST; and
4. Terms
and conditions to be as per the Shire’s Commercial Lease template.
Voting Requirement Simple Majority
|
26 November 2019 Page
109
26 November 2019 Page
110
Item: 12.3.5
Audit
Report 2018/19
|
Author/s
|
Beth O'Callaghan
|
Manager Financial Services
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/28080
Applicant
Corporate Resources
Location/Address
Internal
Executive Summary
To present to Council the 2018/19 audit report and
management letter prepared by the Council’s auditor, Mr Marius Van Der
Merwe from Butler Settineri.
Recommendation in Brief
That Council
1. Receive
the 2018/19 Annual Financial Report incorporating the Audit Report as attached
at Attachment A.
2. Receive
the Management Letter for the 2018/19 financial year as attached at Attachment
B.
3. Adopts
the Annual Financial Report, Audit Report and Management Letter for the 2018/19
financial year.
Background
Council is required to prepare a financial report and
present it to the Council’s Auditor by 30 September each year. This
has been completed and the Annual Financial Report, Audit Report, and
Management Letter are presented at Attachment A and B.
The Local Government Act (1995) requires that
the audit report and any management letter be examined by the local government to
determine if any matters raised in the report(s) require action to be
taken. After considering the audit report the local government is to
prepare a report on any actions to be taken in response to the audit report and
is to forward a copy of that report to the Minister for Local Government.
Officer’s Comment
The Council has received an unqualified or
“clean” audit report from Mr Van Der Merwe. The
auditor’s opinion states that “In our opinion, the financial report
of the Shire of Esperance is in accordance with the underlying records of the
Shire, including:
a) giving
a true and fair view of the Shire’s financial position as at 30 June 2019
and of its performance for the year ended on that date; and
b) complying
with Australian Accounting Standards (including Australia Accounting
Interpretations), the Local Government Act 1995 (as amended) and the
Local Government (Financial Management) Regulations 1996 (as amended).”
The audit report did not note any adverse trends apart
from two ratio’s not meeting the minimum benchmark as determined by the
Department of Local Government, Sport and Cultural Industries guidelines.
The two ratios in question (similar to the previous
year) is the Operating Surplus ratio and Asset Sustainability ratio. This
is something Council has been addressing over the past few years and will be
continuing to do so over the next few years. Strategies to achieve this
are identified in the Long Term Financial Plan. This should see a gradual
improvement in both of these ratios.
It is now a legislative requirement for a separate
report to be presented to the Audit Committee and Council when significant
matters are raised in the Audit Report. See below section of the Act.
Section 7.12A(4) of the Local Government Act (1995)
states:
A local government must-
(a) prepare
a report addressing any matters identified as significant by the auditor in the
audit report, and stating what action the local government has taken or intends
to take with respect to each of those matters; and
(b) give
a copy of that report to the Minister within 3 months after the audit report is
received by the local government
Within 14 days after a local government gives a report
to the Minister under subsection (4)(b), the CEO must publish a copy of
the report on the local government’s official website.
Therefore the Audit Committee can expect a further
report in the near future regarding the significant matters raised and what
actions will be undertaken to address the matters.
Revaluation of Plant and Equipment occurred during
2019 resulting in a net increase of $1.5m.
The 2019 surplus closing position has remained
unchanged to what was presented to Council at Budget adoption.
The Annual Financial Report, Audit Report and
Management Letter was presented to the Audit Committee on Tuesday 5 November
2019. The Audit Committee resolved to recommend that Council adopt the Annual
Financial Report, Audit Report and Management Letter for 2018/19.
Consultation
Nil
Financial Implications
As per the 2019/20 Budget.
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are Local Government Act
(1995) Section
7.12A which details duties with respect to audits.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
A financially sustainable
and supportive organisation achieving operational excellence
Provide responsible
resource and planning management for now and the future
Environmental Considerations
Nil
Attachments
|
a⇩.
|
A. Annual Financial Report 2018/19
|
|
|
b⇩.
|
B. Management Letter 2018/19
|
|
|
Audit Committee Recommendation
That Council
1. Receive
the 2018/19 Annual Financial Report incorporating the Audit Report as
attached at Attachment A.
2. Receive
the Management Letter for the 2018/19 financial year as attached at
Attachment B.
3. Adopts
the Annual Financial Report, Audit Report and Management Letter for the
2018/19 financial year.
Voting Requirement Simple Majority
|
26 November 2019 Page
125
26 November 2019 Page
175
26 November 2019 Page
176
Item: 12.3.6
Policy
Review - Executive Services
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/28088
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to review the section of the Policy Manual
that relates to Executive Services.
Recommendation in Brief
That Council endorses the Executive Services Policies
inclusive of amendments, inclusions and deletions as reviewed.
Background
A review of Council Policies is recommended to take
place every two years, in line with Council elections to ensure that the
Policies are in keeping with community expectations, relevance and current
requirements.
Officer’s Comment
This year, the policy template has been modified to
conform to a change in Shire branding which will ensure that all corporate
documents remain consistent.
Further to the format change, it was discovered that
some adoption dates listed within our current policies are incorrect and these
have been rectified during this year’s review.
The following is a summary of recommended changes to
the existing Executive Services Policies, other than those listed above. Please
refer to Attachment A for full details.
|
Executive Services
|
|
Policy Name
|
Ref No.
|
Recommended Amendment
|
|
Approval to Hold a Civic
Reception
|
EXE 006
|
No change to wording
|
|
Elected Member
Entitlements
|
EXE 007
|
Change responsible officer, amend wording of meal allowance paragraph
and amend child care allowance in line with SAT allowance amount.
|
|
Senior Employees
|
EXE 008
|
No change to wording
|
|
Common Seal
|
EXE 010
|
Change responsible officer, include register to be received by
Council twice yearly.
|
|
Legal Representation Cost
Indemnification
|
EXE 011
|
No change to wording
|
|
Conferring of Honours
|
EXE 012
|
Change responsible officer, minor wording change
|
|
Presentation of a Shire
Plaque of the Council Crest
|
EXE 014
|
Change responsible officer
|
|
Vandalism Rewards
|
EXE 017
|
Change responsible officer
|
|
Risk Management
|
EXE 019
|
No change to wording.
|
|
External Committee
Representation
|
EXE 020
|
Change responsible officer
|
|
Community Engagement Policy
|
EXE 021
|
Minor wording changes, inclusion of point 2 for developing an
engagement strategy, amended responsible officer title.
|
|
Public Land Asset Strategy
|
EXE 022
|
No change to wording
|
|
Use and Storage of
Presidential Chain
|
EXE 023
|
Change responsible officer
|
Other Department’s policies will be presented to later
Council meetings for review.
Consultation
Executive Services
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 – s2.7(2)(b) Determine the Local
Government’s policies
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
Manage Corporate Support
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Reviewed Policies - Executive
Services
|
|
|
Officer’s Recommendation
That Council endorse the Executive
Services Policies inclusive of amendments, inclusions and deletions as
reviewed.
Voting Requirement Simple Majority
|
26 November 2019 Page
195
26 November 2019 Page
209
Item: 12.3.7
Review
- Council Committees - Terms of Reference
|
Author/s
|
Sarah Moroney
|
Corporate Reporting & Governance Officer
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/28316
Applicant
Internal
Location/Address
N/A
Executive Summary
The objective of this report is to review and update
the Terms of Reference for Council Committees. The review ensures they
are consistent, reflecting current purpose and satisfying statutory
requirements.
Recommendation in Brief
That Council adopt the reviewed Terms of Reference
for Council Committees.
Background
Under the Local Government Act s5.11 committee
membership expires on the Ordinary Election Day of Council which occurs
biennially. This provides an opportunity to review the current Terms of
Reference for all Council Committees ensuring they are up to date and
relevant.
Officer’s Comment
During the 2019 review of
the Terms of Reference it was identified that appointing Deputies to represent
external organisations on Council Committees would be beneficial as a number of
Committees failed to meet their quorum requirements during the last year.
Appointing Deputies for organisations would provide an organisational
representative when the appointed representative is on leave or is no longer
employed by the organisation.
Several minor changes have
been made to the Terms of Reference to ensure there is consistency
across the committees, including formatting and corrections to position,
departmental and organisational titles.
The review process
identified four (4) Committees that were no longer required. The Lake Monjingup Community Development
Group has slowly become less active then it was in the past. With the
development of a strategic plan for the reserve underway it has been
recommended that the Development Group be disbanded. Consultation for the
strategic plan will involve relevant stakeholders and the community who can
continue to support the conservational and recreational values of the reserve
through the implementation of the strategic plan. The Ralph Bower Adventureland
Park Working Group is also being proposed to be disbanded due to the
development of the Ralph Bower Adventureland Park Implementation Plan 2018, which
they were involved in creating. The Management Plan identifies 18 key
areas for improvement within the park with a focus on upgrading play spaces,
park amenities, and landscaping with an emphasis on bringing the adventure
aspect back to the park. Council also has an Ex-Officio position on the
external Adventureland Park Management Committee.
It is being proposed that the Off
Road Vehicle Working Group is disband as they have been meeting infrequently.
Following the implementation of their educational material the Working Group
has rarely met (only twice since 2017). Internally it was identified that the
scope of this Working Group is already covered in the work the Shire and other
organisations undertake. The Shire maintains a strong network with a variety of
stakeholders and work in partnership with them to deliver recreational and
environmental outcomes in Shire reserves.
The fourth Council Committee that is
being recommended for disbandment is the Jetty Replacement Working Group. The
Working Group was established in 2016 to assistance in the replacement process
for the Esperance Tanker Jetty. The replacement Jetty construction has been
awarded and is scheduled to commence following the deconstruction of the
Esperance Tanker Jetty. Having achieved the scope listed in the Terms of
Reference it is recommend the Jetty Replacement Working Group is now disbanded.
Further changes proposed and reasons for them have
been addressed in the table below.
|
Document Section
|
Proposed Change
|
Reason
|
|
Introduction
|
Removal of section from the Local Government Act and Standing
Orders Local Law listed.
|
It is unnecessary to have large amounts of text copied from
legislation in our documents as it can easily become out of date.
|
|
Quick Reference
|
Updated to reflect document changes
|
|
|
Bush Fire Advisory Committee
|
Addition of Deputy Senior Bush Fire Control Officers as Deputies
to their counterpart Senior Bush Fire Control Officers on the
Committee in the Membership section.
Addition of 1 Representative of the Department of Biodiversity,
Conservation & Attractions as an Ex-Officio member.
|
This would allow a Deputy Senior Bush Fire Control Officer to
represent and vote on behalf of their Bush Fire Zone in the absence of the
Senior Bush Fire Control Officer.
The Department of Biodiversity, Conservation & Attractions are an
important stakeholder and partner in a number of the Committees Powers &
Duties including the preventing, controlling and extinguishing of bush fires.
|
|
Esperance Twin Town Committee
|
Executive Officer and Responsible Officer changed from Director
External Services to Chief Executive Office.
|
Changed to reflect Internal changes to the Organisational Structure.
|
|
Greater Sports Ground Redevelopment Committee
|
Ex-Officio Member title changed.
Executive Officer and Responsible Officer changed from Director External
Services to Chief Executive Office.
|
Changed to reflect Internal changes to the Organisational Structure.
|
|
Lake Monjingup Community Development Group
|
Disband.
|
As outlined in the Officer’s Comment.
|
|
Off Road Vehicle Working Group
|
Disband.
|
As outlined in the Officer’s Comment.
|
|
Ralph Bower Adventureland Park Working Group
|
Disband.
|
As outlined in the Officer’s Comment.
|
|
Esperance Visitor Centre Management Committee
|
Ex-Officio Member title changed.
Executive Officer and Responsible Officer changed from Director External
Services to Chief Executive Office.
|
Changed to reflect Internal changes to the Organisational Structure.
|
|
Jetty Replacement Working Group
|
Disband.
|
As outlined in the Officer’s Comment.
|
|
Youth Advisory Council
|
Executive Officer and Responsible Officer changed from Director External
Services to Chief Executive Office.
|
Changed to reflect Internal changes to the Organisational Structure.
|
|
New Landfill Community Reference Group
|
Removal of the location Kirwan Road throughout the Terms of
Reference.
Removal of Deputy.
|
This Reference Group was formed to consult with regarding
environmental approvals and detailed design of a modern waste facility but
does not have a stake in the site selection process.
|
|
Reconciliation Action Plan Working Group
|
Increase Community Representatives from 4 to 6.
|
This increase was to allow broader community representation.
|
|
External Committees
|
Removal of the South Coast Management Group.
|
This Group disbanded in June 2019.
|
Consultation
Consultation for the review of the Council Committees
involved, internal meeting with Ex-Officio Members, Officer’s responsible
for the Committees and a briefing with Council on 31 October 2019.
Financial Implications
N/A
Asset Management Implications
N/A
Statutory Implications
Local Government Act 1995
Standing Orders Local Law 2015
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
Work together to enhance
trust participation and community pride
Actively engage and
communicate with the community to ensure informed decision-making
Corporate Business Plan 2019/2020 – 2022/2023
L3.1 Facilitate Councillors Requirements to
Represent the Community
Environmental Considerations
N/A
Attachments
|
a⇩.
|
Reviewed - Terms of Reference -
Council Committees (Tracked Changes)
|
|
|
Officer’s Recommendation
That Council
1. Adopt
the reviewed Terms of Reference for Council Committees.
2. Disband
the Council Committees listed below:
· Lake Monjingup Community
Development Group
· Off Road Vehicle Working Group
· Ralph Bower Adventureland Park
Working Group
· Jetty Replacement Working Group
Voting Requirement Absolute
Majority
|
26 November 2019 Page
257
26 November 2019 Page
258
Item: 12.3.8
Appointment
of Members to Council Committees
|
Author/s
|
Sarah Moroney
|
Corporate Reporting & Governance Officer
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/28322
Applicant
Internal Report
Executive Summary
To consider the appointment of members to the Council
Committees.
Recommendation in Brief
That Council appoint Councillors to the Council
Committees and advertise for
expressions of interest to fill vacant Community positions.
Background
Under the Local Government Act s5.11 committee
membership expires on the Ordinary Election Day of Council which occurs
biennially. As a result, all positions on Council Committees are vacant,
Elected Members and Community representatives need to be appointed and
organisational representatives nominated.
Officer’s Comment
The recommendation has
been made to allow reinstatement of those Committees that Council has
identified as important in their capacity to provide advice that can be relied
upon in decision making. During the review of the Council Committees Terms of
Reference four (4) Committees were identified that are no longer required.
These were the Lake Monjingup Community Development Group, Off Road Vehicle
Working Group, Ralph Bower Adventureland Park Working Group and the Jetty Replacement Working Group. The
removal of these committees was recommended because they had either served the
purpose for which they were formed or a Strategic Plan has been developed to
guide the future decisions in that area.
Since November 2017, when
Councillors were last appointed to Committees, one (1) Committee has had
significant changes and one (1) new Committee has been created.
The Esperance Museum
Management Committee became the Museum Management Reference Group and the Terms
of Reference were amended to reflect the adoption of the Esperance Museum
Strategic Plan 2017-2023. The Reference Group’s role, membership and
designated powers and duties were changed to align with the Strategic Plan. In
effect these changes will ensure the Committee continues to function by
assisting with the implementation of the Esperance Museum Strategic Plan
2017-2023 as opposed to the managing the Esperance Museum. The change to
membership includes reducing representation from community organisations and
creating a position for an Esperance Museum Volunteer.
Following the creation and
adoption of the Shire’s Reflect Reconciliation Action Plan (RAP)
a Reconciliation Action Plan Working Group was formed with the purpose of
assisting in the implementation of the RAP and the development of future RAPs.
It has been recommended to
Council that all Community positions are advertised and representatives from
identified organisations from each Terms of Reference are sought, as opposed to
reappointing previous members. This is being recommended with the exception of
the Bush Fire Zone Senior and Deputy Officers on the Bush Fire Advisory
Committee as they are appointed by virtue of their position.
Consultation
Internal
Financial Implications
N/A
Asset Management Implications
N/A
Statutory Implications
Local Government Act 1995
Standing Orders Local Law 2015
Policy Implications
Terms of Reference - Council Committees
Strategic Implications
Strategic Community Plan 2017-2027
Community Leadership
Work together to enhance
trust participation and community pride
Actively engage and
communicate with the community to ensure informed decision-making
Corporate Business Plan 2019/2020 – 2022/2023
L3.1 Facilitate Councillors Requirements to
Represent the Community
Environmental Considerations
N/A
Attachments
Nil
|
Officer’s Recommendation
That Council:
1. Appoints the below Senior Fire
Control Officers for their Bush Fire Zone on the Bush Fire Advisory
Committee:
· Chief Bush Fire Control Officer Ashley
Stewart
· Deputy Chief Bush Fire Control Officer Gavin
Egan
· Deputy Chief Bush Fire Control Officer Will
Carmody
· Senior Fire Control Officer – West Coast Zone Kingsley
Scott
· Senior Fire Control Officer – North Zone Rory
Graham
· Senior Fire Control Officer – East Zone Lyndon
Mickel
· Senior Fire Control Officer – East Coast Zone Simon
Fowler
· Senior Fire Control Officer – Urban Rural Zone Peter
Rowe
2. Appoints the
below Deputy Senior Fire Control Officers as Deputies for their Bush Fire
Zone of the Bush Fire Advisory Committee:
· Deputy Senior Fire Control Officer – West Zone Tomas
Carmody
· Deputy Senior Fire Control Officer – West
Coast Zone Peter Luberda
· Deputy Senior Fire Control Officer – North
Zone Chris
Hallam
· Deputy Senior Fire Control Officer – East Zone Phil
Longmire
· Deputy Senior Fire Control Officer – East
Coast Zone Adrian Perks
· Deputy Senior Fire Control Officer – Urban
Rural Zone Ron Chambers
3. Requests the
CEO to advertise for expressions of interest to fill community positions on
all Council Committees.
4. Requests the
CEO to write to identified organisations asking them to provide their
nominated Representatives and Deputies to the Council Committees.
5. Appoints
Councillors to Council Committees as per the following table;
|
Committee
|
Members
|
Deputy
|
|
Bush Fire Advisory Committee
|
Cr
|
Cr
|
|
Esperance Roadwise Committee
|
Cr
|
Cr
|
|
Esperance Twin Towns Committee
|
Cr
|
Cr
|
|
Greater Sports Ground
Redevelopment Committee
|
Cr
Cr
|
Cr
|
|
Scaddan Restoration Reference
Group
|
Cr
Cr
|
Cr
|
|
Esperance Visitor Centre
Management Committee
|
Cr
Cr
|
Cr
|
|
New Landfill Community Reference
Group
|
Cr
Cr
Cr
|
Cr
|
|
Museum Management Reference Group
|
Cr
|
Cr
|
|
Reconciliation Action Plan
Working Group
|
Cr
Cr
Cr
Cr
|
Cr
|
6. Appoint
Cr_____________ as Ex-Officio to the Youth Advisory Council and Cr _________
as Deputy.
Voting Requirement Absolute Majority
|
26 November 2019 Page
261
Item: 12.3.9
Appointment
of Members to External Committees
|
Author/s
|
Sarah Moroney
|
Corporate Reporting & Governance Officer
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/28452
Applicant
Internal Report
Location/Address
N/A
Executive Summary
To appoint Councillors to external committees to
represent Council’s interest.
Recommendation in Brief
That Council appoints members to represent Council on
the identified external committees.
Background
Following the Ordinary
Local Government Elections held in October, Councillors need to be appointed to
external committees and organisations.
During 2013 Council developed a policy to provide
direction with the role and responsibilities of Councillors appointed to
external committees and organisations. The Policy EXE020 - External
Committee Representation is attached for reference.
Officer’s Comment
Council representatives need to be
nominated to external committees that Council has a vested interest in. Since
Council appointed representatives in 2017 one (1) of the identified
organisations has been cancelled. The South Coast Management Group was
comprised of five (5) Local Governments in the South Western region and were
formed in 1997 to protect and improve the quality of the coastal and marine
environment. The decision to dissolve the organisation in June 2019 for a
number of reasons. A copy of the email advising the Shire of this decision has
been attached for reference.
It is recommended that the Shire
President is appointed to represent Council on the Western Australian Regional
Capitals Alliance (WARCA) and the Deputy Shire President appointed as deputy
member as this is consistent with the other Local Governments that form the
WARCA.
Financial Implications
N/A
Policy Implications
Policy EXE 020: External Committee Representation deals with
the roles and responsibilities or Councillors to external committees
(attached).
Strategic Implications
Strategic Community Plan 2017-2027
Community Leadership
Support for all
leadership roles in our community
Encourage shared responsibility through an informed and
inspired community
Corporate Business Plan 2019/2020 – 2022/2023
L3.1 Facilitate Councillors Requirements to
Represent the Community
Environmental Considerations
N/A
Attachments
|
a⇩.
|
Poilcy EXE 020 - External Committee
Representation
|
|
|
b⇩.
|
Corrospondance - South Coast
Management Goup - Cancellation - 2019/07/01
|
|
|
Officer’s Recommendation
That Council
1. Appoints
Councillors, in the capacity of a voting member, to External Committees as
per the following table;
|
Committee
|
Member
|
Deputy
|
|
Goldfields-Esperance Country Zone of WALGA, GVROC
and GERCG
|
Cr
Cr
|
Chief Executive Officer
|
|
Local Emergency Management Committee
|
Cr
|
Cr
|
|
Port of Esperance - Port Consultative Committee
|
Cr
|
N/A
|
|
Regional Road Group
|
Cr
|
Cr
|
|
Regional Capitals Alliance of Western Australia
|
Cr Mickel
Chief Executive Officer
|
Cr Parker
|
2. Appoints
Councillors as Ex-Officos to External Committees as per the following table;
|
Committee
|
Member
|
Deputy
|
|
Adventureland Park Management Committee
|
Cr
|
Cr
|
|
Ralph Bower Foundation
|
Cr
|
Cr
|
|
Senior Citizens Centre Management Committee
|
Cr
|
Cr
|
|
Tourism Esperance
|
Cr
|
Cr
|
3. Request
the CEO write to the External Committees to advise them of the Councillor
appointed to their Committee.
Voting Requirement Simple Majority
|
26 November 2019 Page
263
26 November 2019 Page
265
26 November 2019 Page
266
Item: 12.3.10
Financial
Services Report - October 2019
|
Author/s
|
Beth O'Callaghan
|
Manager Financial Services
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/28561
Attachments
|
a⇩.
|
Financial Services Report - October
2019
|
|
|
Officer’s Recommendation
That the report entitled Monthly
Financial Management Report (incorporating the Statement of Financial
Activity) for the month of October 2019 as attached be received.
Voting Requirement Simple Majority
|
26 November 2019 Page
283
26 November 2019 Page
319
12.4 Executive Services
Item: 12.4.1
Information
Bulletin - October 2019
|
Author/s
|
Alli McArthur
|
Administration Officer - Executive Services
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/28539
Applicant
Internal
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
Work together to enhance
trust participation and community pride
Actively engage and
communicate with the community to ensure informed decision-making
Attachments
|
a⇩.
|
Information Bulletin - October 2019
|
|
|
b⇩.
|
Corporate Performance Report -
October 2019
|
|
|
c⇩.
|
Register - Delegations Discharge -
Corporate Resources
|
|
|
d⇩.
|
Certificate of Appreciation –
Esperance Scouts
|
|
|
e⇩.
|
Appreciation Letter - Rotary Club
of Esperance Bay - Adventure Camp Esperance
|
|
|
Officer’s Recommendation
That Council accepts the
Information Bulletin for October 2019:
1. Corporate
Performance Report – October 2019
2. Register
– Delegations Discharge - Corporate Resources
3. Certificate
of Appreciation – Esperance Scouts
4. Appreciation
Letter - Rotary Club of Esperance Bay - Adventure Camp Esperance
Voting Requirement Simple Majority
|
26 November 2019 Page
321
26 November 2019 Page
354
26 November 2019 Page
355
26 November 2019 Page
356
26 November 2019 Page
357
Item: 12.4.2
LGIS
Surplus Allocation
|
Author/s
|
Matthew Scott
|
Chief Executive Officer
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/28865
Applicant
Shire of Esperance
Location/Address
N/A
Executive Summary
For Council to consider how to receive its 2019 share
surplus from the Local Government Insurance Scheme (LGIS).
Recommendation in Brief
That Council accept its share of the 2019 LGIS surplus
as an immediate refund and consider its allocation as part of the mid-year
budget review process.
Background
The Shire of Esperance (the Shire) has received notification
from LGIS that it has been allocated $30,320 from LGIS’s 2019
Surplus. LGIS advise its 2019 surplus is a consequence of a lower than
anticipated number of claims in Property and WorkCare claims, better than
expected performance in investments and a reduced requirement of capital
(provisions) needed to be carried by the Scheme. As a member of LGIS, the
Shire is entitled to a proportion of Scheme’s surplus.
LGIS Surplus allocations (or share) have previously be used
as contribution credits (against the subsequent year’s insurance fees),
however LGIS is now providing member Councils other options to receive their
allocated surplus share, being:
1) As an
immediate refund; or
2) LGIS to
retain the funds to offset next year’s insurance fees; or
3) LGIS to
retain the funds in trust for risk mitigation activities.
LGIS has requested each individual member Council determine
how it wishes to have its individual surplus share allocated.
Officer’s Comment
The CEO meet with representatives of LGIS on 6
November 2019 to discuss the Shire’s and Scheme’s current insurance
coverage and performance and the options for the surplus allocation. Of
the options presented, it is the recommendation that the Shire accepts its
allocation of surplus as an immediate refund. Though there are no
currently identified uses of the refund, the Shire will benefit from any
interest the funds will generate, while a decision is made on its future
use.
Given there is no immediate use of these funds, it is
also recommended that this additional income is considered for allocation
through the mid-year budget review process, which is expected commence in late
December/early January and presented to the Audit Committee and Council in
February/March 2020.
Consultation
LGIS
Financial Implications
The Surplus allocation $30,320, which is considered as
operating income in the Shire Financial Accounts. It is recommended that
this be considered as part of the mid-year budget review process.
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
A financially sustainable
and supportive organisation achieving operational excellence
Provide responsible
resource and planning management for now and the future
Corporate Business Plan 2017/2018 – 2020/2021
L2.10 Manage Finance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
LGIS Shire of Esperance Surplus
Share Notification
|
|
|
Officer’s Recommendation:
That Council:
1.
Advise the Local Government Insurance Scheme (LGIS) that the Shire accepts
its 2019 surplus distribution of $30,320 as an immediate refund; and
2. Consider
the allocation of the LGIS surplus distribution as part of the mid-year
budget review.
Voting Requirement Simple Majority
|
26 November 2019 Page
359
26 November 2019 Page
360
13. Reports
Of Committees
Item: 13.1
Minutes
of Committees
|
Author/s
|
Alli McArthur
|
Administration Officer - Executive Services
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/28566
Attachments
|
a⇩.
|
Esperance Roadwise Committee - 7
October 2019
|
|
|
Officer’s Recommendation
That Council receive the following
unconfirmed committee minutes:
1. Esperance
Roadwise Committee – 7 October 2019
Voting Requirement Simple
Majority
|
26 November 2019 Page
366
26 November 2019 Page
367
14. Motions of which Notice has been
Given
Moved: Cr
Parker
Seconded:
That
Council continues to support the decision made by Council on the 1st of October
2019 to provide the new, replacement jetty as approved by the Heritage Council
of WA in accordance with existing approved contracts and agreements.
Moved: Cr
Payne
Seconded:
That:
1. The Council engages Michael Hotchkin of the law
firm, Hotchkin Hanly to provide legal advice following his conduct of an
investigation (Investigation) regarding the validity of the Council’s
decisions to demolish the Esperance Tanker Jetty including (but not limited
to):
i. the validity of the advice
given to Council which underpinned the Council decisions in 2011 and 2016 to
demolish the state heritage listed Esperance Tanker Jetty given that the Shire
of Esperance does not own the structure, and whether the Council’s
decision to approve the demolition was valid.
ii. the validity of the advice given
to Council which underpinned the Council’s decision to approve the
demolition contract in November 2016, and whether Council’s decision in
November 2016 was valid; and
iii. compliance with the Heritage
Act 2018
iv. compliance with the Heritage
Council’s request to consider reconstruction of the Jetty.
2. The Council authorises the Shire President to provide any
further instructions to Mr Hotchkin at Hotchkin Hanly in relation to the
Investigation.
3. The Council directs the CEO to facilitate, cooperate and
participate in the Investigation as required by Mr Hotchkin of Hotchkin Hanly
including by:
a. providing access to all requested and/or relevant
documents that are in the possession, custody or control of the Council
including any confidential documents and including two hard copies of the
contract and all documents related to:
i.
the contract awarded to
Crossview Enterprises for demolition of Esperance Tanker Jetty;
ii.
the contract awarded to
Maritime Constructions to construct a replacement jetty; and
iii.
any and all related
contracts, MOUs, agreements and/or understandings written or oral;
iv.
identification of all
meetings between the CEO and any contractors or proponents relating to these
contracts and agreements;
v.
Corruption and Crime
Commission report and all documents provided to the CCC by the Shire and
identified as provided to the CCC;
vi.
all legal advice obtained by
the Shire on this matter.
b.
instructing any staff identified
by Hotchkin Hanly to participate in the Investigation.
4. The fees associated with the engagement of Hotchkin Hanly
will be approved as unbudgeted expenditure to a maximum of $30,000.
5. The Council instructs the CEO to take no further action to
progress the demolition of the Esperance Tanker Jetty until the legal advice by
Hotchkin Hanly has been received and considered by the Council.
CR PAYNES REASON & BACKGROUND:
Facts
1.
The Esperance Tanker Jetty is a
State Heritage registered asset not owned by the Shire of Esperance.
2.
The Shire of Esperance was issued
a Jetty Licence in 1990 which gave Council the responsibility for the care and
maintenance of the structure.
3.
The Council resolved to demolish
the State Heritage registered Esperance Tanker Jetty in August 2011 and again
in February 2016.
4.
The jetty island was
demolished in 2015 and was managed by and paid for by Southern Ports.
5.
In November 2016 the Council
awarded a contract to Crossview Enterprises for demolition of Esperance Tanker
Jetty.
6.
In November 2017 following advice
from the Heritage Council that the preferred option was reconstruction of the
jetty to the 1935 design, Council resolved that it was not feasible or prudent
to reconstruct the jetty whilst at the same time rejecting a study into this
feasibility.
7.
In October 2019 during the Local
Government election period the Council awarded a contract to Maritime
Constructions to construct a replacement jetty whilst at the same time
approving an additional budget allocation of $800,000. Five of the seven
councillors supporting this decision are no longer serving on Council.
Issue
for Consideration
1. Whether the Shire of Esperance acted lawfully in
its decision to demolish the State Heritage registered Esperance Tanker Jetty
in August 2011 and again in February 2016.
2. Whether the Shire of Esperance acted lawfully in
its decision to award a contract for its demolition in November 2016.
3. Whether the Shire acted lawfully between 8 November
2016 and 30 June 2019 in its communications with the Heritage Council when it
was not nor ever had been the owner or decision maker with respect to the State
Heritage registered Esperance Tanker Jetty.
4. Whether the Shire of Esperance was authorized
to take over decision making authority for demolition of the Esperance Tanker
Jetty and if so, when.
5.
Whether the Shire of Esperance as
a Public Authority has met the requirements of section 20 of the Heritage Act
2018 which requires public authorities to assist the Heritage Council to meet
its obligations under Section 17(g) of the Act “to endeavour to prevent
the destruction, damage, deterioration or injudicious treatment of places that
are, or may be, of cultural heritage significance”.
6. Consider the validity and feasibility of the decision of
Council to not comply with State Government directions and in particular for
not following the specific directions from the Heritage Council to investigate
their preferred option to reconstruct the jetty to the original 1935 design;
and for failing to retain an “in situ section of original jetty” in
the detailed design as requested by the Heritage Minister and subsequently
reiterated by the Heritage Council.
7.
Whether the Shire of
Esperance is complying with all aspects of the Section 64 Permit and in
particular 3(d) “completed in
accordance with the endorsed detailed design drawings “ given that the Esperance Shire Council was
never provided with an opportunity to see or endorse the detailed design
drawings prior to the Section 64 being issued and noting that the drawings
included some significant changes from the endorsed detailed concept plan such
as removal of the railway tracks and that the drawings still have not been
formally issued to or endorsed by Council.
Rationale
The
Council should ensure that it has been provided with independent legal advice
on all the issues detailed above in order to ensure the Shire’s resources
are being used in the most effective manner.
To
ensure good governance and proper oversight of this matter, the current Council
must have confidence that:
(i)
all project risks are
properly identified and assessed; and
(ii)
a full independent financial
assessment and business case has been prepared for both projects to identify
the impact the projects may have on ratepayers in the future.
Having these matters
independently assessed will provide the current Council and ratepayers with the
confidence to move forward with this important community project.
Performing this due diligence
is not expected to delay project implementation as construction of the new
jetty is not scheduled to begin before March 2020.
Addressing these matters in
this way will also demonstrate to the community that the Council is prepared to
deal with these important issues openly and accountably and help build trust in
the current Council.
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT
BUSINESS APPROVED BY DECISION
17. MATTERS
BEHIND CLOSED DOORS
18. PUBLIC QUESTION TIME
19. CLOSURE
