Late Items Agenda of Ordinary Council

Ordinary Council: Agenda

23 June 2020 Page 2

16. URGENT BUSINESS APPROVED BY DECISION

Item: 16.1

Development Application - Oversized Outbuilding (Shed) - Lot 159 (12) Treasure Road, Sinclair

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

File Ref: D20/16068

Applicant

J L Hall

Location/Address

Lot 159 (12) Treasure Road, Pink Lake

Executive Summary

For Council to consider Development Application 10.2020.4299.1 for an Oversized Outbuilding (Shed) at Lot 159 (12) Treasure Road, Sinclair.

Recommendation in Brief

That Council approve Development Application 10.2020.4299.1 for an Oversized Outbuilding (Shed) at Lot 159 (12) Treasure Road, Sinclair subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed) at Lot 159 (12) Treasure Road, Sinclair was received by Planning Services on 26 February 2020. Advertising was subsequently undertaken by Shire of Esperance (Planning Services) to adjoining landowners. One objection was received.

The application was referred to Council and at its April Ordinary Meeting of Council and resolved (O0402-104):

That Council lay this matter of the table to give the application the opportunity to address Councils concerns.

Following a site meeting which Councillors attended on the 16 June 2020 an amended plan was supplied amending the location and size of the outbuilding.

This proposal now consists of a 128 square metres of Outbuildings on the property, where Council has permitted a maximum of 125 square metres under its Local Planning Policy: Outbuildings.

The wall height proposed is 4.2 metres and ridge height is 4.9 metres which is in excess of the permitted sizes under the Local Planning Policy: Outbuildings.

An on-site meeting was held between Councillors, senior staff and the applicant on 16 June 2020, with amended plans subsequently being submitted to Planning Services.

It should be noted that the subject lot has an area of 1,116m² which results in approximately 11.5% of the site being covered by outbuildings.

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

Officer’s Comment

The original proposal called for 162 square metres of Outbuildings (approximately 14.5% of the site) on the property, with the revised plans submitted on 17 June 2020 reducing the site area to 128 square metres (approximately 11.5% of the site). It is noted that the building does not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings as it exceeds both the maximum 100 square metres of Outbuildings permitted in the Residential zone and the 25% maximum variation criteria which would permit up to 125 square metres of Outbuildings on the property subject to neighbor referral.

The wall height proposed is 4.2m which exceed both the maximum wall height of 3.6m of Outbuildings permitted in the Residential zone as the 10% maximum variation criteria which would permit up to 3.96m in wall height.

The ridge height proposed is 4.9m which exceed both the maximum wall height of 4.2m of Outbuildings permitted in the Residential zone as the 10% maximum variation criteria which would permit up to 4.62m in ridge height.

The applicant also advised that the floor level of the outbuilding would be level with the road which will reduce the apparent height of the outbuilding at the rear of the lot adjacent to the adjoining neighbour by 0.7 metres.

The applicant has informed Planning Services that the proposed Outbuilding is for the purposes of storing a boat and potential additional vehicles.

The structure does not comply with Local Planning Policy: Outbuildings.

During neighbour referral, one objection was received to the application.

Upon an amended plan being received on 17 June 2020, the application was again referred to the adjoining landowner who subsequently withdrew their objection to the proposed Outbuilding, as they are satisfied with the amended plans.

Consultation

Neighbour referral was undertaken by Planning Services to five adjoining landowners between 27 February 2020 and 13 March 2020.

One objection was received to the application which has now been withdrawn based on the amended plan that were received on 17 June 2020, the application was again referred to the adjoining landowner who subsequently expressed no objection to the proposal.

Financial Implications

Application fees totalling $147.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

Local Planning Policy: Outbuildings

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have regard to a Local Planning Policy as required under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

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 ⇩.	Revised Plans
b ⇩.	Advice of Non Objection

Officer’s Recommendation

That Council approve Development Application 10.2020.4299.1 for an Oversized Outbuilding (Shed) at Lot 159 (12) Treasure Road, 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 plans unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

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

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

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

5. The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

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

7. The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

8. Any space between the proposed Outbuilding (Shed) and the fence is to be filled or covered in such a way as to prevent people from entering.

And the following advice notes:

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

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

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

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

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

6. The applicant is to liaise with Shire of Esperance (Planning Services) in regards to any deviation to the approved plans to establish if an amendment to the development approval is required.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 10

Item: 16.2

Recruitment of the Chief Executive Officer

Author/s	Lee Anderson	Human Resources Manager
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D20/15256

Applicant

Shire of Esperance

Location/Address

Shire of Esperance

Executive Summary

This report outlines –

· The process for the recruitment of a new Chief Executive Officer for the Shire of Esperance

· Establishment of a CEO Recruitment Committee and the Terms of Reference for the Committee

· Formal appointment of an Acting Chief Executive Officer.

Recommendation in Brief

That Council

1. Accept the quotation from …………………………..Recruitment Consultant to provide professional recruitment services for the recruitment of a new Chief Executive Officer.

2. Endorse the indicative recruitment process as detailed in the report.

3. Appoint a CEO Recruitment Committee consisting of Cr Mickel (Shire President), Cr Parker (Deputy Shire President) and Crs ………………… and ………………….

4. Adopt the Terms of Reference for a CEO Recruitment Committee as attached.

5. Authorise Mr Shane Burge to be Acting Chief Executive Officer from 23 June 2020 to ………………………………

6. Authorise payment of higher grade duties to the Acting CEO, in accordance with the current CEO remuneration package.

Background

As Councillors are aware, Mr Matthew Scott, Chief Executive Officer for the Shire of Esperance tendered his resignation and concluded his employment with the Shire on 19 June 2020.

At a Special Council meeting held on 5 June 2020, Council resolved that quotations be sought from suitably qualified consultants to assist in the recruitment process for the position of Chief Executive Officer.

Section 5.36(2)(a) and (b) of the Local Government Act 1995 provides that a Local Government is not to employ a person to fill the position of CEO unless Council believes that person is suitably qualified for the position and is satisfied (absolute majority required) with the provisions of the proposed employment contract. Section 5.40 requires that all employees are to be selected in accordance with the principles of merit and equity.

Officer’s Comment

1. Appointment of Recruitment Consultant

The Local Government Act 1995 requires Council to recruit and appoint a suitable CEO for the Shire.

Regulation 18.C of the Local Government (Administration) Regulations 1996, states –

The local government is to approve a process to be used for the selection and appointment of a CEO for the local government before the position of CEO of the local government is advertised.

A copy of the Local Government Operational Guidelines for ‘Appointing a CEO’ are attached.

Council is therefore required to endorse a recruitment process for the selection and appointment of the CEO. In accordance with Council’s resolution to seek quotations from suitably qualified Recruitment Consultants, six Consultants were contacted and asked to provide a brief, together with pricing structure for the recruitment process. A precis of the five quotations received as well as copies of the two most competitive quotations are provided to Councillors confidentially under separate cover.

A suggested recruitment process will include –

1. Appointing a Recruitment Consultant

2. Recruitment Consultant to assist with and facilitate processes listed below:

· Develop/Review of the Position Description including selection criteria

· Finalise the terms and conditions of the Contract of Employment including remuneration range and term of the contract

· Draft the advertisement

· Advertise the position

· Manage applications including shortlisting applicants

· Arrange interviews of shortlisted applicants including preparation of interview questions

· Arrange interview of the preferred applicant by full Council

· Conduct detailed referee checks and ensure other pre-employment checks are undertaken including a Pre-Employment Medical as well as provision of a police clearance

· Finalise report to Council for endorsement

2. CEO Recruitment Committee

The selection of a Chief Executive Officer is a lengthy and important process. It is suggested that Council create a CEO Recruitment Committee to undertake the recruitment process for the position of CEO. Council will need to determine membership. It is suggested that the Committee consist of the Shire President, Deputy Shire President and two elected members.

The CEO Recruitment Committee would report back to Council at important points in the process to ensure that Council is kept up to date with the recruitment process. Council would need to endorse the formal and final appointment of the CEO.

It is proposed the Committee, established under Section 5.8 of the Local Government Act 1995, would comprise of elected members and include the participation of a suitably qualified, independent Recruitment Consultant.

In order to clarify roles and responsibilities of a CEO Recruitment Committee, it is suggested that Terms of Reference for the CEO Recruitment Committee include –

1. The CEO Recruitment Committee is to be an advisory Committee for the duration of the CEO recruitment process.

2. The membership to comprise of the Shire President, Deputy Shire President and two elected members.

3. The CEO Recruitment Committee to work with the appointed Recruitment Consultant to conduct the CEO recruitment process

4. The CEO Recruitment Committee, with the assistance of the appointed Recruitment Consultant, to provide input into the advertisement, review of the Position Description, short list applicants and interview shortlisted applicants.

5. The CEO Recruitment Committee to report back to Council throughout the process. This will enable Council to make the final decision regarding the selection and subsequent appointment of the CEO.

6. The CEO Recruitment Committee to recommend to Council a preferred applicant or a number of short listed preferred applicants, as well as the terms and conditions of the Contract to be offered to the preferred applicant.

Draft Terms of Reference for the CEO Recruitment Committee are attached.

3. Appointment of Acting CEO

Section 5.36 of the Act requires a local government to employ a CEO and such other persons as the Council believes are necessary to enable the functions of the local government and the functions of the Council to be performed. There are special constraints under s5.36(2) of the Act which apply to the employment of a person as CEO, and it is considered those provisions apply also to the appointment of a person Acting in this role, in that a person is not to be employed in the position of CEO unless the Council believes that the person is suitably qualified for the position.

Section 5.39(1a) of the Act states that an employee may act in the positon of a CEO or a senior employee for a term not exceeding one year without a written contract for the position in which he or she is acting. The position of Chief Executive Officer has delegation to appoint an Acting Chief Executive Officer for the period of not more than 5 weeks. Mr Shane Burge, Director Corporate Services has been appointed as Acting CEO, in the interim period until a determination is made by Council. Mr Burge is well respected in his role of Director and has previously acted in the positon of Acting CEO, on a number of occasions.

Council will need to determine an appropriate remuneration level for the position of Acting CEO. Section 5.39(7) of the Act states that a CEO is to be paid such remuneration as is determined by the SAT. Therefore the band levels set by the SAT are considered to apply to all CEO’s irrespective of whether they are permanent or acting.

In accordance with the SAT, the Shire of Esperance is a Band 2 Local Government with a Total Reward Package range applicable to the position of CEO of between $206,500 to $319,752 .The Total Reward Package is made up of a number of components including – base salary, associated FBT accrued, association membership fees, clothing allowance, superannuation, etc. The current CEO Remuneration Package also includes payment of a Regional/Isolation Allowance, in accordance with the SAT determination.

Consultation

Selected Recruitment Consultants with experience in the recruitment process for executive positions.

Financial Implications

The financial implications arising from this report are able to be accommodated within the budget.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are –

Local Government Act 1995.

Salaries and Allowances Tribunal determination under Section 7A of the Salaries and Allowances Act 1975.

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 ⇩.	Local Government Operational Guidelines - Appointing a CEO
b ⇩.	Terms of Reference - CEO Recruitment Committee
c .	Precis of Quotations - Confidential
d .	Recommended Quotations - Confidential

Officer’s Recommendation

That Council

1. Accept the quotation from …………………………..Recruitment Consultant to provide professional recruitment services for the recruitment of a new Chief Executive Officer.

2. Endorse the indicative recruitment process as detailed in the report.

3. Appoint a CEO Recruitment Committee consisting of Cr Mickel (Shire President), Cr Parker (Deputy Shire President) and Crs ………………… and ………………….

4. Adopt the Terms of Reference for a CEO Recruitment Committee as attached.

5. Authorise Mr Shane Burge to be Acting Chief Executive Officer from 23 June 2020

to ………………………………….

6. Authorise payment of higher grade duties to the Acting CEO, in accordance with the current CEO remuneration package.

Voting Requirement Simple Majority