Minutes of Ordinary Council

Ordinary Council: Agenda

24 November 2020 Page 6

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
24 November 2020.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4.01pm and did an acknowledgement to country.

The President welcomed Councillors, staff, guests and members of the public to the meeting.

2. ATTENDANCE

Members

Cr I Mickel, AM JP President Rural Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr S Payne, JP Town Ward

Cr J Obourne Town Ward

Cr R Chambers Town Ward

Cr W Graham Rural Ward

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mr S McKenzie Acting Director External Services

Ms B O’Callaghan Acting Director Corporate Resources

Mr R Hindley Manager Strategic Planning & Land Projects

Miss A McArthur Executive Assistant

Miss S Hawke Trainee Administration Assistant – Executive Services

Members of the Public & Press

Mr N Harland Item 12.1.3

Dr K Nieukerke Item 7

Ms A Welke Item 12.1.3

Mr G Sime Item 17.3

Mrs N Sime Item 17.3

Mr L Cruickshank Item 7

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr D Piercey, JP Town Ward Granted Leave

Cr B Parker Deputy President Rural Ward Apology

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr Obourne

Seconded: Cr Graham

O1120-343

That Council accept the following leave of absence:

Cr Parker 23 November until 5 December 2020

Cr O’Donnell 27 November until 2 December

Cr O’Donnell 15 December 2020

CARRIED

F7 - A0

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Nil

6. DECLARATION OF MEMBERS INTERESTS

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

Cr McMullen declared a financial interest in item 12.1.6 as he is an owner of a coffee shop.

Cr McMullen declared a financial interest in item 17.3 as he is an owner of a coffee shop.

Cr Payne declared a financial interest in item 12.1.1 as she owns a property in Myrup Fly In Estate.

Cr Payne declared a financial interest in item 12.1.6 as she is an owner of a food van.

Cr Payne declared a financial interest in item 12.1.8 as her husband is the applicant.

Cr Payne declared a financial interest in item 17.3 as she is an owner of a food van.

Cr Payne declared a financial interest in item 17.5 as she is involved with a group in the process of applying for a rate exemption.

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

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Obourne declared an impartiality interest in item 12.1.3 as she is a friend of the applicant.

Cr Payne declared an impartiality interest in item 12.1.3 as her kids attend Our Lady Star of the Sea Primary School.

Cr McMullen declared an impartiality interest in item 16.2 as he owns a hospitality business.

7. PUBLIC QUESTION TIME

1. Dr K Nieukerke – Castletown Quays Sand Renourishment

Dr Nieukerke questioned what had been completed with regards to the sand renourishment after the Ordinary Council Meeting in November 2019. He questioned if there is a new date set for commencement.

Mr Walker responded that the Shire will start the renourishment in April 2021 and with the approval of the Department of Transport.

Dr Nieukerke questioned what impact it will have in regards to the budget, and how it is catered for in the current budget.

Mr Walker responded that there is a small contingency included in the project but the all costs are within the current budget.

Cr Mickel responded that there is no expenditure as the project won’t be continuing until 2021.

2. Mr L Cruikshank – 10 Mile Beach Off Road Tracks

Mr Cruikshank questioned if the Shire has any intension of closing or working on the 10 Mile Beach off road tracks.

Mr Walker responded that the Shire are working through the process and have looked at the tracks. Mr Walker responded that they have ideas and are looking at the potential to limestone the tracks.

Cr Payne added that the Off Road Vehicle Working Group is no longer operational.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr McMullen

Seconded: Cr O'Donnell

O1120-344

Officer’s Recommendation

That the Minutes of the Ordinary Council Meeting of the 27 October 2020, and the Special Council Meeting of the 17 November 2020 be confirmed as true and correct records.

Council Resolution

That the Minutes of the Ordinary Council Meeting of the 27 October 2020 be confirmed as true and correct records.

CARRIED

F7 - A0

Reason: Council wanted to deal with the Special Council Meeting Minutes at the December Ordinary Council Meeting.

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Chambers

2 Nov Attended the Tourism Industry Connect Sundowner

4 Nov Attended the Clontarf Foundation Awards Night

5 Nov Attended ECCI Business After Hours event

5Nov Attended Grass Patch Community Meeting - New Landfill Search

6Nov Attended the Emergency Services Awards Lunch

11 Nov Attended LEMC Meeting

19 Nov Attended Coastal Safety Awareness Campaign Launch

Cr Obourne

29Oct Attended Ocean Safety & Support Group Shark Mitigation Strategies Meeting

30Oct Attended staff Pink it Up Morning Tea

4Nov Attended the Clontarf Foundation Awards Night

5Nov Attended Grass Patch Community Meeting - New Landfill Search

5 Nov Chaired Community Support Sub Committee Meeting

5 Nov Attended Streetscape Advisory Committee Meeting

6Nov Attended the Emergency Services Awards Lunch

9Nov Attended HopeFM Christmas Wishes

10Nov Attended Local Recovery Committee Meeting

17 Nov Attended Local Recovery Committee Meeting

23Nov Attended the Esperance Girls Academy Awards

Cr O’Donnell

22 Oct Attended the Community Support Sub Committee Meeting

27 Oct Attended Site visit at John Street

28 Oct Attended Economic Sub Committee Meeting

30 Sep Attended Staff Pink It Up Morning Tea

3 Nov Attended staff Melbourne Cup Luncheon

5 Nov Attended Grass Patch Community Meeting-New Landfill Search

5 Nov Attended Community Support Sub Committee Meeting.

5 Nov Attended ECCI Business After Hours

6 Nov Attended Emergency Services Awards Luncheon

9 Nov Delivered Meals on Wheels for Esperance Home Care

9 Nov Attended the NAIDOC Opening Ceremony

11 Nov Attended Community Leaders Launch-Paint the Town Read

23 Nov Interview with Emily Smith regarding return of the Wrought Iron Seat

Cr Graham

5 Nov Attended Grass Patch Community Meeting-New Landfill Search

5 Nov Attended ECCI Business After Hours event

9 Nov Attended the NAIDOC Opening Ceremony

Cr Payne

30 Sep Attended Staff Pink It Up Morning Tea

28 Nov Attended Economic Sub Committee Meeting

13 Nov Attended GVROC meeting and workshop

23 Nov Attended Reconciliation Action Plan Working Group Meeting

Cr McMullen

2 Nov Attended Esperance Roadwise Committee Meeting

5 Nov Attended ECCI Business After Hours event

9 Nov Attended DAP Training

11 Nov Attended Economic Sub Committee Meeting

17 Nov Attended Local Recovery Committee Meeting

Cr Mickel

28 Oct Attended Stakeholder Function facilitated by the Southern Ports Authority

2 Nov Attended the Tourism Industry Connect Sundowner

4 Nov Met with Marcus Falconer from Australian Golden Outback

4 Nov Attended the Clontarf Foundation Awards Night

5 Nov Attended Grass Patch Community Meeting - New Landfill Search

5 Nov Attended ECCI Business After Hours event

5 Nov Attended the St Johns Awards Night

6 Nov Attended the WA Police Presentation of Bravery and Service Awards

7 Nov Attended the NAIDOC Ball

9 Nov Attended the NAIDOC Week Opening Ceremony and exchanged gifts with Tjaltjraak

11 Nov Attended Remembrance Day Service

11 Nov Attended LEMC Meeting

12 Nov Met with Mark Webb (Director General) and Deon Utber (Regional Manager of DBCA)

13 Nov Attended the GVROC Meeting in Kambalda

19 Nov Attended Assembly at Castletown Primary School for the naming of the Pauline Grewar Early Childhood Centre

19 Nov Attended Coastal Safety Awareness Campaign Launch

20 Nov Attended the Regional Road Group Annual Meeting in Kalgoorlie

23 Nov Attended the Esperance Girls Academy Awards Night

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Local Planning Scheme No. 24 - Amendment No. 7

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D20/27077

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider initiating Amendment 7 to Local Planning Scheme No. 24 to amend the Scheme by incorporating a range of new provisions, updating the Scheme Map to reflect omissions and changes to reserves since the gazettal of the Scheme, amendments to Schedule 3 Additional Uses and the introduction of a new Special Control Area to address the introduction of the Government Sewerage Policy.

Recommendation in Brief

That Council:

1. Amend Local Planning Scheme No. 24 in pursuance of Section 75 of the Planning and Development Act 2005

2. Determining that the amendment is “standard” under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

“… (c) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission…” and;

“… (g) any other amendment that is not a complex or basic amendment…”

3. Refer Amendment 7 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Background

Notice of Final Approval of the Shire of Esperance Local Planning Scheme No. 24 (‘the Scheme’) was published in the Government Gazette on 2 August 2017. Like any such document it is subjected to statutory review and review by Council as circumstances dictate.

The proposed modifications fall into broad categories as follows:

· Review of land use permissibilities;

· Amendment of Additional Use reserves;

· Modifying Clause 26.(4) to allow variations to the front setback along Twilight Beach Road and Castletown Quays to be considered;

· Stipulation of a Height Limit for a Renewable energy facility only limited by SCA8 Esperance Airport.

· Deletion of Additional Uses that are not applicable or contrary to other scheme provision;

· Modify Additional Uses to address uses and location;

· Inclusion of a new Additional Use

· Deletion of Special Use SU6 and modification of SU7;

· Inclusion of a new Special Control Area to reflect more detailed mapping and assessment of the sewerage sensitive area.

· Map modification to reflect the changes above and based on Reserve Management Orders;

· Rezoning to reflect land use; and

· General renumbering of clauses and subclauses.

The proposed amendment is consistent with the Local Planning Strategy.

Officer’s Comment

The following is a summary of the points contained within the amendment document and for the sake of clarity, should be read with Attachment A.

Amend the Zoning and Land Use Table by making ‘Animal Establishment’ a ‘D’ use in the Rural Smallholdings zone

‘Animal Establishment’ is currently an ‘A’ use in the ’Rural Smallholdings’ zone. Given the prevailing lot sizes in this zone it is considered that the land use can be changed to a ‘D” as advertising is of little benefit as neighbours are not impacted on by the uses.

Amend the Zoning and Land Use Table by making ‘Commercial Vehicle Parking’ an ‘A’ use in the Residential and Rural Townsite zones.

‘Commercial Vehicle Parking’ is currently a ‘D’ use in the ‘Residential’ and ‘Rural Townsite’ zones. Given the potential impact on amenity by the land use it is considered more appropriate to have it as an ‘A’ use. This would not impact on the level of ‘Commercial Vehicle Parking’ that is currently exempted by Schedule 1 Clause 16.(a) of the Scheme.

Amend the Zoning and Land Use Table by making ‘Repurposed Dwelling’ a ‘D’ use in the Rural Residential zone

‘Repurposed Dwelling’ is currently an ‘A’ use in the ‘Rural Residential’ zone. Given the nature of the development a Scheme controls already in place it is considered superfluous to advertise a ‘Repurposed Dwelling’ as such it is proposed to back the land use a ‘D’ use in the zone.

Amend the Zoning and Land Use Table by making ‘Telecommunications Infrastructure’ a ‘P’ use in all zones

State Planning Policy 5.2-Telecommunications Infrastructure (SPP5.2) applies across the State and aims to balance the need for effective telecommunications services and effective roll-out of networks, with the community interest in protecting the visual character of local areas.

Section 6 the implementation section of SPP5.2 states at Clause 6.1(b) that Telecommunications infrastructure is not designated as a ‘use not permitted’ (X) by the scheme in any zone in the zoning table. Clause 6.1(c) also states that: ‘In zones where the location of telecommunications infrastructure is supported, telecommunications infrastructure is designated as a permitted use (P) in the zoning table;’

To be consistent with SPP 5.2 it is proposed to make ‘Telecommunications Infrastructure’ a ‘P’ use in all zones.

Amend the Zoning and Land Use Table by making ‘Grouped Dwelling’ a ‘D’ use in the Rural zone.

A modification is proposed to amend the permissibility of a ‘Grouped Dwelling’ in the Rural zone. This land use is currently listed as ‘X’ in Table 4 – Zoning and Land Use Table.

This land use classification is in conflict with Schedule 1 Clause 8 which allows two single houses on a Rural zoned lot with an area greater than 40 hectares (which is effectively a ‘Grouped Dwelling’. To resolve this conflict it is recommend that the permissibility of a ‘Grouped Dwelling’ be modified.

Amend the Zoning and Land Use Table by making ‘Waste Disposal Facility’ an ‘A’ use in the Rural zone

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

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

Introducing the land use within the ‘Rural’ zone will enable the above mentioned development to be approved subject to advertising. Development will also be subject to any Special Control Area which applies to the land. This gives the capacity to control the development both in terms of permissibility (approve or refuse) and the conditions that can be placed on a specific development.

Amend Table No. 2 Specified additional uses for land in local reserves in Scheme area by deleting point 2 in conditions for AR3 and renumbering the clause accordingly

This amendment proposed to remove the restriction that limits the ‘Restaurant/Café’ use to only being permitted if it is mobile. Controls are retained that limits development to within designated lease areas only. This includes the area currently leased at the Jetty Headland.

Amend Clause 26.(4) by replacing Clause 26.(4) to apply the standard to Twilight Beach Road to the west of the intersection with Walker Street and allowing variations subject to Clause 64 of the deemed provisions

This amendment refines the area where a 7.5m setback is established by a provision modifying the R-Codes. Development in the excluded area will still be required to comply with the prevailing R-Code setbacks. Further to this a modification is proposed that will allow discretion to be considered for a varied setback subject to advertising.

Amend Schedule A Clause 61.(u) by inserting ‘in areas subject to the R-Codes’ after ‘residential outbuilding’

This amendment simplifies the wording describing the exemption for the area in which a ‘residential outbuilding’ can be considered exempted development to those areas that are subject to the R-Codes.

Amend Schedule 1 Clause 8

This amendment modifies the Rural Zone Second Dwelling provision of the Scheme by replacing it with a new provision that maintains the existing arrangement of being able to have a second dwelling on a Rural zoned lot greater in area than 40ha and expanding it to a third dwelling on Rural zoned lots greater in area than 100ha.

Amend Schedule 1 Clause 17 by deleting subclause (iii) and renumbering accordingly

This amendment modifies the Effluent Disposal provision of the Scheme by deleting the provision “the area around each effluent disposal system shall be planted with indigenous trees and shrubs shall be maintained;” This provision is considered overly restrictive as there are a number of ways this area can be treated and there are inherent difficulties in administering any compliance with the condition and as such it is proposed to be removed.

Amend Schedule 1 Clause 18 by inserting a new subclause as (e)

This amendment modifies the building height permissions for a Renewable energy facility so it is only limited by the provisions of Schedule 2 – Special Control Area No. 8 – Esperance Airport.

Amending Schedule 1 Clause 18 by inserting a new subclause as (f)

This amendment relocates the height clause from Schedule 1 Clause 35(b) for telecommunications infrastructure to a new subclause in Schedule 1 Clause 18. Schedule 1 Clause 35 is also renumbered to take note of the removal of subclause (b).

Amend Schedule 2 by inserting a new Clause 11

The amendment introduces Special Control Area No. 11 which provides guidance for land use and development within the modified Sewerage Sensitive Area as identified in The Analysis of Surficial Ground Water Landscapes and Hydrological Pathways linking the Ramsar Listed Lake Warden Wetlands by Tilo Massenbauer and as shown on the Scheme Map.

The revised area that is impacted on by a Sewerage Sensitive Area is to the North of Esperance buffering the lake systems as well as the groundwater dependent threatened and priority ecological communities within Pink Lake.

It should be noted that Special Control Area No. 11 works in parallel with the Government Sewerage Policy and only amends the area it applies based on a more detailed study that has been undertaken for the Esperance lakes.

Amend the Scheme Map by inserting SCA 11

This modification shows the new SCA11 as a new Special Control Area on the Scheme Map.

Amend Schedule 3 by deleting A3 and reflect the change on the Scheme Map

This modification is proposed as the additional use that was first introduced into Town Planning Scheme No. 2 by Amendment No. 30 which was Gazetted on the 12 January 2001 was never developed. It is proposed to remove the additional use from the Scheme.

Amend Schedule 3 by deleting A8 and reflect the change on the Scheme Map

This modification proposes to delete additional use A8 that was introduced into Local Planning Scheme No. 24 by a submission during the advertising of the Scheme and as such was not referred to Statutory Agencies.

The additional use permitted by A8 is a ‘Reception Centre’ which creates issues due to the location of the lot in SCA4-P2 and SCA4-WHPZ. The use of ‘Reception Centre’ is incompatible in Priority 2 protection areas under Water Quality Protection Note 25 (WQPN 25) and as such cannot be approved and should be removed.

Amend Schedule 3 by inserting ‘Consulting Rooms’ as a ‘D’ use in the column ‘Additional Use(s)’ of A6

This modification is proposed as ‘Consulting Rooms’ is an appropriate land use within Additional Use A6 and the range of uses that are already permitted as a ‘D’ use. This represents a relaxation of the permissibility of the use as it is an ‘A’ use in the base ‘Residential’ zone.

It should be noted that ‘Medical Centre’ which is a more intensive land use is currently a ‘D’ use within Additional Use A6.

Amend Schedule 3 by replacing ‘Portion Lot 9002 Eleven Mile Beach Road, Pink Lake’ with ‘Portion of Lot 770 Spencer Road, Pink Lake’ in A16 and reflect the change on the Scheme Map

A modification is required to re-site Additional Use A16 as the uses that were introduced are not compatible with Water Quality Protection Note 25 (WQPN 25) and as such cannot be approved in their current location by the Shire without Department of Water and Environmental Regulation considering the application to be compatible with WQPN 25.

Current Site

The proposed site for A16 is outside of Special Control Area No. 4 and therefore not subject to WQPN 25.

Proposed Site

Amend Schedule 3 by inserting a new additional use A23 and reflect the change on the Scheme Map

This modification is proposed to recognise the potential for the establishment of a ‘Home Store’ on Lot 2 Pink Lake Road, Pink Lake.

home store means a shop attached to a dwelling that –

(a) has a net lettable area not exceeding 100m²; and

(b) is operated by a person residing in the dwelling.

The development currently has an approval for a ‘Home Business’ which allows for sale by means of the internet.

Amend Schedule 3 by inserting a new additional use A24 and reflect the change on the Scheme Map

This modification is proposed to recognise the potential for the establishment of a ‘Community Purpose’ on Lots 12 and 13 Warden Road, Chadwick.

community purpose means premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit;

The additional use is proposed to be added as an ‘A’ use so that the application can be advertised when it is lodged and the comments of adjoining properties can be considered in the assessment process.

Amend Schedule 5 by replacing 15.3.4 within SU4

This modification proposed to replace Clause 15.3.4 within SU4 in Schedule 5. Clause 14.1 for SU4 (Myrup Fly-in Estate) states:

14.1 The airfield facility and activities shall comply with all relevant regulations and guidelines of any Statutory Authority with regards to aviation operations and safety procedures.

This condition is contradicted by Clause 15.3.4 which states:

15.3.4 Runway 04 shall maintain special procedures for right hand circuits. Additional measures may be implemented as part of the Noise Management Plan to avoid flights over residential areas.

The Myrup Fly-in Estate has not able to gain approval for the special procedures referenced in Clause 15.3.4 from CASA.

In order to comply with Clause 14.1 it is proposed to replace the clause 15.3.4 with the following:

15.3.4 Measures may be implemented as part of the Noise Management Plan to avoid flights over residential areas.

This modification will remove the conflict between Clauses 14.1 and 15.3.4 within SU4.

Amend Schedule 5 by deleting SU6 and reflect the change on the Scheme Map

Special Use SU6 was introduced into the Scheme as a result of the Town Centre Revitalisation Plan.

Reserve 32048 is a Shire managed reserve that has a purpose of Hall, Boy Scouts and Girl Guides and is currently leased to the Scouts. The current inclusion of the reserve in SU6 is incompatible with the use so the revised modification takes into account the development that has occurred.

The skate park has been partially developed within the SU6 area on a portion of Reserve 27318.

The residual area of SU6 will be reclassified as ‘Public Open Space’ and ‘AR3’ consistent with the surrounding classification of Reserve 27318.

The Special Use zone is also contrary to State Planning Policy 2.6 as it represents a significant intensification of land use within the coastal inundation and erosion area.

Amend Schedule 5 SU7 and reflect the change on the Scheme Map

A modification is required to correctly identify the land within SU7 as the lot has now been subdivided (Lucky Bay Brewery). To this end it is proposed to replacing ‘Part Lot 63 on DP80539’ with ‘Lot 66 on Plan 415322’ in the Description of land.

It is also proposed to delete point (a) as it is now superfluous given that subdivision has been completed. Point (b) is amended to take into account the deletion of point (a).

Amend the Scheme Map by reclassifying Reserve 34788 and a portion of Reserve 23527 from ‘Public Open Space’ to ‘Environmental Conservation

These reserves are proposed to be reclassified from ‘Public Open Space’ to ‘Environmental Conservation’. A portion of Reserve 23527 will remain reserved for ‘Public Open Space’ consistent with the footprint of the development Helms Arboretum.

The Department of Biodiversity, Conservations and Attractions Parks and Wildlife Service have been consulted under Section 83 of the Planning and Development Act 2005 and have expressed no objections to the proposed amendment.

Amend the Scheme Map by reclassifying Reserve 4182 from ‘Public Open Space’ to ‘Environmental Conservation’

This reserve is proposed to be reclassified from ‘Public Open Space’ to ‘Environmental Conservation’.

Amend the Scheme Map by amending a portion of Lot 300 Kalgoorlie Street, Lots 2, 24, 25, 26, 628, 629, 1 Sims Street and Lot 134 on Plan 226439 from ‘Public Open Space’ to ‘Industrial Development’

The Scheme currently shows a ‘Public Open Space’ strip adjacent to the rail corridor subject to this amendment.

Given the majority of land is zoned ‘Industrial Development’ a buffer is considered superfluous, restricts the future development of the land and effectively restricts access to the rail corridor. Based on this it is proposed to show the entire lots subject of this amendment point to be zoned ‘Industrial Development’.

Amend the Scheme Map by rezoning a portion of Lot 204 on DP 416486 from ‘Local Road’ to ‘Rural Townsite

This modification relates to a road closure and reflects the extent to the road that is being incorporated in the adjoining lot.

Amend the Scheme Map by rezoning both portions of Lot 55 on Plan 12843 from ‘Residential’ to ‘Local Road’

This modification relates to two parcels of land that are on one title and are used as pedestrian access ways. The classification of the subject lot as ‘Local Road’ is consistent with the objective for a ‘Local Road’ as contained in Table No. 1 – Reserve objectives.

This is consistent with the approach taken for all other pedestrian access ways within the Scheme Area.

Amend the Scheme Map by rezoning Lot 202 on Plan 39677 Fisheries Road, Bandy Creek from ‘Public Open Space’ to ‘Private Community Places’

This modification relates to Lot 202 Fisheries Road, Bandy Creek which is occupied by the Esperance Bay Turf Club. The current classification of the site as ‘Public Open Space’ reserve does not take into account the range of uses that are present on the site or give any consideration to the freehold title for the land.

It is proposed to rezone Lot 202 Fisheries Road to ‘Private Community Purposes’ as this zone better accommodates the uses on the site.

Amend the Scheme Map by rezoning Lot 75 Woods Street, Chadwick from ‘General Industry’ to ‘Light Industry’

This modification relates to Lot 75 Woods Street, Chadwick which is occupied by Esperance Nyungar Aboriginal Corporation (ENAC).

The current zone of the site ‘General Industry’ does not fully reflect the usage of the site and given the lot is adjacent to the ‘Light Industry’ zone it is considered appropriate to rezone Lot 75 Woods Street to ‘Light Industry’.

Renumbering the clauses and any referenced clauses within the Scheme caused by either deletion, insertion or movement of a clause or subclause through this or any earlier amendment.

This modification ensures that all the numbering within the Scheme is internally consistent taking into account any deletion, insertion or movement of clauses or subclauses through this or any earlier amendment.

Consultation

A 42 day advertising period applies for amendment which will commence upon receipt of comments from the EPA.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 24

Policy Implications

Local Planning Strategy

Government Sewerage Policy

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Corporate Business Plan

Corporate Business Plan 2020 - 2024

B3 Encourage innovation and support new development

B3.3 Update and Implement Local Planning Scheme and Policies

Environmental Considerations

Nil

Attachments

a ⇨.

Local Planning Scheme No. 24 - Amendment No. 7 - Under Separate Cover

Cr Payne declared a financial interest and left the Chamber at 4.19pm.

RECOMMENDATION AND DECISION

12.1.1 Local Planning Scheme No. 24 - Amendment No. 7

Moved: Cr Chambers

Seconded: Cr McMullen

O1120-345

Council Resolution

That Council

1. In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

i. Amending Table No. 4 Zoning and Land Use Table by making ‘Animal Establishment’ a ‘D’ use in the Rural Smallholdings zone.

ii. Amending Table No. 4 Zoning and Land Use Table by making ‘Commercial Vehicle Parking’ an ‘A’ use in the Residential and Rural Townsite zone.

iii. Amending Table No. 4 Zoning and Land Use Table by making ‘Repurposed Dwelling’ a ‘D’ use in the Rural Residential zone.

iv. Amending Table No. 4 Zoning and Land Use Table by making ‘Telecommunications Infrastructure’ a ‘P’ use in all zones.

v. Amending Table No. 4 Zoning and Land Use Table by making ‘Grouped Dwelling’ a ‘D’ use in the Rural zone.

vi. Amending Table No. 4 Zoning and Land Use Table by making ‘Waste Disposal Facility’ an ‘A’ use in the Rural zone.

vii. Amending Table No. 2 Specified additional uses for land in local reserves in Scheme area by deleting point 2 in conditions for AR3 and renumbering the clause accordingly.

viii. Amending Clause 26.(4) replacing it with:

‘26. (4) In the established ‘Residential’ zone along Castletown Quays and Twilight Beach Road to the West of Walker Street the minimum front setback shall be 7.5 metres unless considered in accordance with clause 64 of the deemed provisions or otherwise provided by Special Control Area provisions of this Scheme.’

ix. Amending Schedule A Clause 61.(u) by inserting ‘in areas subject to the R-Codes’ after ‘residential outbuilding’.

x. Amending Schedule 1 Clause 8 by replacing it with:

‘8. Rural Zone Additional Dwelling Provisions

(a) The local government may grant approval for an additional dwelling in the Rural zone in accordance with the following:

(i) the total number of dwellings on the lot with an area between 40ha and 100ha (excluding any ancillary dwelling) will not exceed two;

(ii) the total number of dwellings on the lot with an area greater than 100ha (excluding any ancillary dwelling) will not exceed three;

(iii) the local government is satisfied that adequate provision can be made for the supply of domestic water and for the disposal of sewage from the additional dwelling/s;

(iv) the additional dwelling/s will not adversely affect the rural landscape or conflict with agricultural production on the subject lot or on adjoining land;

(b) The approval of more than one (1) dwelling on any lot zoned Rural should not be construed as support for the subdivision of the lot. Subdivision of Rural land shall be in accordance with State planning policy and the Local Planning Strategy.’

xi. Amending Schedule 1 Clause 17(a) by deleting subclause (iii) and renumbering the clause accordingly.

xii. Amending Schedule 1 Clause 18 by inserting a new subclause as (e) as follows:

‘(e) The height limit of a Renewable energy facility is only limited by the provisions of Schedule 2 – Special Control Area No. 8.’

xiii. Amending Schedule 1 Clause 18 by inserting a new subclause as (f) by moving Schedule 1 Clause 35(b) to subclause (f) and renumber the subclauses in Schedule 1 Clause 35 taking note of the deletion.

xiv. Amending Schedule 2 by inserting a new Clause 11 as follows:

‘11. SCA 11 – Modified Sewerage Sensitive Areas Special Control Area

(a) The purpose of SCA 11 is to provide guidance for land use and development within the modified Sewerage Sensitive Area as identified in The Analysis of Surficial Ground Water Landscapes and Hydrological Pathways linking the Ramsar Listed Lake Warden Wetlands by Tilo Massenbauer and as shown on the Scheme Map.

(b) Objectives

The objectives of SCA 11 are to –

(i) identify land that has been designated as a sewerage sensitive area;

(ii) ensure that the development and use of land does not detrimentally impact on a sewerage sensitive area; and

(iii) implement Scheme controls that are designed to mitigate any adverse effects on a sewerage sensitive area.

(c) Application Requirements

(i) Despite any other provision of the Scheme development approval is required for all land use and development not connected to a reticulated sewerage system.

(d) Development Requirements

(i) Compliance with the Government Sewerage Policy.

(ii) Where a lot is also located within SCA 4 – Public Drinking Water Source Protection Areas the requirements of SCA 4 will apply in addition to the requirements of SCA 11.

Note: The report referenced in clause 11.(a) can be found in the Shire’s Electronic document and records management system – Ref: D18/20641.’

xv. Amending the Scheme Map by inserting SCA 11 as depicted on the Scheme Amendment Map.

xvi. Amending Schedule 3 by deleting A3 and delete A3 from Lot 83 Lalor Drive, Windabout as depicted on the Scheme Amendment Map.

xvii. Amending Schedule 3 by deleting A8 and delete A8 from Lot 5 Downes Street, Pink Lake as depicted on the Scheme Amendment Map.

xviii. Amending Schedule 3 by inserting ‘Consulting Rooms’ as a ‘D’ use in the column ‘Additional Use(s)’ of A6.

xix. Amending Schedule 3 by replacing ‘Portion Lot 9002 Eleven Mile Beach Road, Pink Lake’ with ‘Portion of Lot 770 Spencer Road, Pink Lake’ in A16 and amend the Scheme Map as depicted on the Scheme Amendment Map.

xx. Amending Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use with the following:

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A23

Lot 2 Pink Lake Road, Pink Lake

Rural Residential

As a ‘D’ use:

· Home Store

As determined by the Local Government.

xxi. Amending Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use with the following:

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A24

Lot 12 and 13 Warden Road, Chadwick

Rural Residential

As an ‘A’ use:

· Community Purpose

As determined by the Local Government.

xxii. Amending Schedule 5 by replacing 15.3.4 within SU4 with ‘Measures may be implemented as part of the Noise Management Plan to avoid flights over residential areas.’

xxiii. Amending Schedule 5 by deleting SU6 and delete SU6 from a Portion of Reserve 27318 and Reserve 32048 by reclassifying Reserve 27318 as ‘Public Open Space’ and Reserve 32048 as ‘Private Community Purposes’ as depicted on the Scheme Amendment Map.

xxiv. Amending Schedule 5 by replacing ‘Part Lot 63 on DP80539’ with ‘Lot 66 on Plan 415322’ in the Description of land and deleting point (a) and deleting ‘further’ and ‘greater than outlined in condition (a)’ in (b) in the conditions of SU7.

xxv. Amending the Scheme Map by reclassifying Reserve 34788 and a portion of Reserve 23527 from ‘Public Open Space’ to ‘Environmental Conservation as depicted on the Scheme Amendment Map.

xxvi. Amending the Scheme Map by reclassifying Reserve 4182 from ‘Public Open Space’ to ‘Environmental Conservation’ as depicted on the Scheme Amendment Map.

xxvii. Amending the Scheme Map by rezoning a portion of Lot 300 Kalgoorlie Street, Lots 2, 24, 25, 26, 628, 629, 1 Sims Street and Lot 134 on Plan 226439 from ‘Public Open Space’ to ‘Industrial Development’ as depicted on the Scheme Amendment Map.

xxviii. Amending the Scheme Map by rezoning a portion of Lot 204 on DP 416486 from ‘Local Road’ to ‘Rural Townsite’ as depicted on the Scheme Amendment Map.

xxix. Amending the Scheme Map by rezoning both portions of Lot 55 on Plan 12843 from ‘Residential’ to ‘Local Road’ as depicted on the Scheme Amendment Map.

xxx. Amending the Scheme Map by amending Lot 202 on Plan 39677 Fisheries Road, Bandy Creek from ‘Public Open Space’ to ‘Private Community Places’ as depicted on the Scheme Amendment Map.

xxxi. Amending the Scheme Map by rezoning Lot 75 Woods Street, Chadwick from ‘General Industry’ to ‘Light Industry’ as depicted on the Scheme Amendment Map.

xxxii. Amending the Scheme by renumbering the clauses and any referenced clauses within the Scheme caused by either deletion, insertion or movement of a clause or subclause through this or any earlier amendment.

2. The amendment is standard under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(b) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g) any other amendment that is not a complex or basic amendment.

3. Refer Amendment 7 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

CARRIED

F6 - A0

Cr Payne returned to the Chamber at 4.21pm.

Item: 12.1.2

Budget Amendment - Camping Overflow Arrangements

Author/s	Scott McKenzie	Acting Director External Services
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D20/31865

Applicant

External Services

Location/Address

Greater Sports Ground

Executive Summary

To allow Council to consider the financial implications of the Overflow arrangements for the 2020/21 season.

Recommendation in Brief

To approve a budget variation with nil effect on the surplus/deficit to operate the Camping Overflow for the summer of 2020/21.

Background

For some years now, camping overflow has been provided at the Greater Sports Ground to allow space for campers that arrive in Esperance and the Caravan Parks are full. Previously, the Overflow was handled by the Indoor Stadium Committee, however with the construction of the new stadium this Committee is no longer operating.

Staff have been meeting weekly since September in order to prepare for the Overflow to commence in mid to late December.

The availability of the Overflow has been communicated to the general public via our social media channels. This has given us the opportunity to explain that all sites are unpowered, there are no bookings and a maximum of 7 nights. Mapping has been prepared that shows a maximum of approximately 280 sites within the Greater Sports Ground without using the ovals.

Officer’s Comment

There is no allocation within the 2020/21 Budget for the expenditure required to operate the facility, nor the income to be generated. Council has allowed camping charges within the 2020/21 Fees and Charges as below (GST Inc);

· Powered Site per night (2 people) - $35.00

· Unpowered Site per night (2 people) - $30.00

· Extra person per site - $5.00

The Overflow will only be operational once all caravan parks are full and will cease as soon as caravan parks have availability. At the moment, we are expecting the Overflow to be operational from mid to late December 2020 through to Australia Day 2021.

Ports Football Club are keen to open their clubrooms occasionally to provide an additional entertainment and food option.

Costs associated with running the Overflow are expected to be as follows;

Cost	Total
Additional Admin Support for Rangers – Free up Ranger time to allow more coastal camping inspections – 6 weeks	$4,800
Camp Host x 2 - $250 per week each – 6 weeks, 5pm to 9am	$3,000
Additional Casual Staff to assist Stadium Officer – Camp Host – 7 days per week	$6,000
Cleaning	$10,000
Collection & return of GVROC Toilet Block	$3,000
Signage and Printing	$1,000
Contingency	$2,200
TOTAL	$30,000

It is expected that income from the per night camping fee will cover all expenditure.

Consultation

Various internal Managers and Coordinators

Financial Implications

The financial implications expected from the Overflow can be summarised as below.

Description		Budget Figure	Amended Figure	Variation
Expenditure - Overflow	New Account	$0	$30,000	$30,000
Income – Overflow	New Account	$0	($30,000)	($30,000)
Net result				$0

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Esperance is a vibrant and welcoming destination

Lead the promotion of Esperance as a destination of choice

Corporate Business Plan 2020/21 – 2023/24

G3.2 Promote Esperance as a tourism destination

Environmental Considerations

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

12.1.2 Budget Amendment - Camping Overflow Arrangements

Moved: Cr McMullen

Seconded: Cr Obourne

O1120-346

Council Resolution

That Council approve a budget amendment as follows, for the purpose of operating the Camping Overflow for the 2020/21 summer period.

Description		Budget Figure	Amended Figure	Variation
Expenditure - Overflow	New Account	$0	$30,000	$30,000
Income – Overflow	New Account	$0	($30,000)	($30,000)
Net result				$0

CARRIED

F7 - A0

Item: 12.1.3

Request for Closure of Public Access Way Between Walker and Adelaide Streets, West Beach

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

File Ref: D20/31912

Applicant

P D & T A Bishop, M B & S K Watson, L K & N R Harland and B E & C J Welke

Location/Address

Lot 57 Ingleton Place, West Beach

It is noted that Lot 57 Ingleton Place refers to four public access ways in proximity to Ingleton Place that were created as part of the original subdivision for the area. This application refers solely to the parcel of land located between Adelaide and Walker Streets.

Executive Summary

That Council consider the request to close the Public Access Way between Adelaide and Walker Streets, West Beach identified as Lot 57 Ingleton Place, West Beach.

Recommendation in Brief

That Council refuse to commence the closure process for the Public Access Way between Adelaide and Walker Streets, West Beach identified as Lot 57 Ingleton Place, West Beach.

Background

A request for the closure of the public access way between Adelaide and Walker Streets, West Beach was received on 14 September 2020.

Pedestrian counts were undertaken by Shire of Esperance (Asset Management Division) on Friday 30^th of October 2020 and Wednesday 4^th of November 2020 between 8am and 9am and between 2.30pm and 3pm.

The application was subsequently referred to Council for consideration.

Officer’s Comment

The adjoining landowners have requested the closure of the public access way due to a number of break ins that have occurred where the culprits have used the public access way to both enter into the adjoining properties and as an escape route, as well as due to noise generated by motorbikes using the public access way.

The proposed closure is certainly justifiable from the perspective of the adjoining landowners, however the Shire of Esperance also has to consider that the section of laneway services local families who attend Our Lady Star of the Sea School at Lot 100 (4) Giles Street West Beach, immediately opposite the laneway.

Traffic Counts undertaken by Asset Management Division indicate surprisingly low numbers of users of the public access way, however this may be linked to the time of day and the unusual conditions this year due to COVID.

Closure of the public access way would result in an additional travel distance of approximately 370 metres for people looking to get from one side to the other.

As the proposal is contentious, with a potentially significant impact on the local community, Councils determination on whether this matter should be entertained is requested prior to commencing further actions.

Planning Services does not support the closure of the public access way due to the position of the laneway as a key node servicing pedestrians and residents accessing the Our Lady Star of the Sea School, though we do understand the concerns of the adjoining landowners. As such while the officer’s recommendation is that Council refuse to initiate the closure process, a second option is presented to Council to initiate the closure.

In addition the closure of the Public Access Way would go against the intent of Active Neighbourhoods which encourages people to walk/ride rather than using vehicles.

If Council resolves to commence the closure process for the public access way, it will be the subject of a public advertising period as per the provisions of the Land Administration Act 1997 which will include advertising to all landowners within 400 metres of the public access way. After the advertising period has been completed, a further report will be prepared for Council’s consideration such that the comments received during the advertising period can be taken into consideration and for a formal recommendation to be made accordingly. Should Council wish to proceed with the closure a formal request would be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road portion and amalgamate the portion of road reserve into the adjoining properties.

Options

Option 1: Officers Recommendation:

That Council refuse to initiate the closure process for the public access way between Adelaide and Walker Streets, West Beach identified as Lot 57 Ingleton Place, West Beach.

Option 2:

That Council commence a road closure process for a portion of the public access way between Adelaide and Walker Streets, West Beach identified as Lot 57 Ingleton Place, West Beach in accordance with Section 58 of the Land Administration Act 1997.

Consultation

If Council resolves to commence the closure process, advertising and external consultation will be required. The closure process operates under Section 58 of the Land Administration Act 1997, which requires a minimum 35 day public comment/referral period to all affected landowners and government agencies are to be consulted. A notice is also required to be published in a newspaper circulating in the district, and notices will also be sent to all landowners within 400 metres of the laneway.

Financial Implications

If the proposal is formally initiated by Council, all costs associated with the closure process in regard to title adjustments and new titles are to be met by the applicants in addition to payment of a $800 Road Closure application fee by the applicant to the Shire of Esperance being required. Furthermore, the Shire of Esperance will be required to indemnify the Minister of all costs and charges.

Asset Management Implications

Asset Management implications will vary depending on the determination of Council.

If the public access way remains open, Council is encouraged to explore options to improve safety and security for laneway users which may generate additional costs if viable options are found.

If the public access way is closed, Asset Management implications are minimal as the area is already well serviced with pedestrian footpaths however consideration will need to be given to any need for the installation of dedicated signage and road crossing points for pedestrians using the local pedestrian network.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

Deliver a diverse, efficient and safe transport system

Environmental Considerations

Nil

Attachments

a.	Request for Closure of Laneway
b ⇩.	Pedestrian Counts - 30 October 2020
c ⇩.	Pedestrian Counts - 4 November 2020

RECOMMENDATION AND DECISION

12.1.3 Request for Closure of Public Access Way Between Walker and Adelaide Streets, West Beach

Moved: Cr Obourne

Seconded: Cr McMullen

O1120-347

Officer’s Recommendation

That Council refuse to commence the closure process for the Public Access Way between Adelaide and Walker Streets, West Beach identified as Lot 57 Ingleton Place, West Beach.

Council Resolution

CARRIED

F7 - A0

Reason: Council wanted to commence the road closure process and seek further comment from the local community via the advertising process.

Mr Harland left the Chamber at 4.29pm and did not return.

Ordinary Council: Agenda

24 November 2020 Page 43

PDF Creator

Item: 12.1.6

Trading in Public Places - Have a Beanbreak

Author/s	Katie Walker	Administration Officer
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D20/32079

Applicant

Michael Penny trading as Have a Beanbreak

Location/Address

Executive Summary

Allowing Have a Beanbreak to trade in an area not currently listed in the EXT 030: Trading in Public Places Policy to allow RAC Esperance Holiday Park to undertake proposed works with minimal disruptions to both businesses.

Recommendation in Brief

To permit a temporary trading area in the road reserve adjacent to Lot 299 Goldfields Rd, known as YHA against the boundary in the southern corner from May to December 2021.

Background

RAC Esperance Holiday Park are proposing a redevelopment of the caravan park. Due to the current trading location of Have a Beanbreak, this may disrupt normal business operations for both Have a Beanbreak and the caravan park.

Due to the future vesting of the land, parking cannot take place within Lot 299 due to a conflict with the proposed use.

Officer’s Comment

To minimise disruption it is proposed that as a temporary measure, Council allow a trading area in the above mentioned location. Have a Beanbreak have indicated that their first preference would be to trade in the current location, even if it were to be via the generator.

The intention is to have this proposed area as an approved location and if the current location is not disadvantaged by the redevelopment of the caravan park then officers can approve their relocation back to their current location as this would be within policy.

Should they need to operate with a generator for electricity then Have a Beanbreak will need to comply with Environmental Noise Regulations which may disrupt their current operating times.

Consultation

Have a Beanbreak

Asset Management Staff

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

EXT 030: Trading in Public Places Policy was approved for advertising during the October Ordinary Council Meeting and is currently advertising asking for comment from the public. This proposed area is outside of the policy, and therefore needs Council consideration for approval.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

Cr Payne and Cr McMullen declared their financial interests and left the Chamber at 4.32pm.

12.1.6 Trading in Public Places - Have a Beanbreak

Moved: Cr Chambers

Seconded: Cr Graham

O1120-350

Council Resolution

That Council permit a temporary trading area in the road reserve adjacent to Lot 299 Goldfields Rd, known as YHA against the boundary in the southern corner from 1^st May to 31 December 2021, with the following conditions;

1. Have a Beanbreak to inform customers that no parking can occur on Lot 299 Goldfields Road.

CARRIED

F5 - A0

Cr Payne and Cr McMullen returned to the Chamber at 4.33pm.

Item: 12.1.7

FOGO - Due Diligence Assessment; Myrup Truck Wash Facility

Author/s	Georgia Ryan	Acting Manager Council Enterprises
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D20/32110

Applicant

N/A

Location/Address

Reserve 51287 - Lot 1885 Myrup Road, Myrup (Myrup Truck Wash)

Executive Summary

To consider a due diligence report detailing an additional use at the Myrup Truck Wash for a Food Organics and Garden Organics (FOGO) processing facility.

Recommendation in Brief

That Council endorse the due diligence assessment of the Myrup Truck Wash Facility as the identified preferred location for a Food Organics and Garden Organics (FOGO) processing facility.

Background

During the September 2020 OCM, Council considered an item relating to Food Organics and Garden Organics (FOGO), whereat it was resolved:

“O0920-312

Council Resolution

That Council commit to progressing the implementation of a Food Organics and Garden Organics (FOGO) recovery and composting program in line with the existing business case and request the CEO to:

1. Undertake a due diligence assessment of the Myrup Truck Wash Facility as the identified preferred location with the results to be presented to Council in November;

2. Develop a Community Consultation Strategy to be presented to Council in December; and

3. Investigate funding and resources to cover the Implementation Plan as detailed in the existing business case for budget consideration.

CARRIED

F9 - A0”

This report addresses the first point of the above Council Resolution:

“Undertake a due diligence assessment of the Myrup Truck Wash Facility as the identified preferred location…”

It is intended that this due diligence assessment would form part of the next stage (assuming acceptance from Council) within the Community Consultation Strategy.

Officer’s Comment

Due to identified cost savings in the FOGO Business Case, this report is specific to the building and operation of an aerobic composting system, specifically looking at utilising what is called “aerated static pile” composting as opposed to the anaerobic options.

The Department of Water and Environmental Regulation (DWER), (Draft) Better Practice Composting guidelines set out a series of environmental performance objectives and minimum standards. These have been matched up using Myrup Truck Wash as a potential site and are outlined in more detail in Attachment A.

Local Planning Strategy & Local Planning Scheme No. 24:

The site of the Myrup Truck Wash is demarcated “industrial” and falls within Precinct 40 - Shark Lake under the Local Planning Strategy. Under the Local Planning Scheme, a Food Organics and Garden Organics (FOGO) processing facility falls under the definition of a “resource recovery centre”:

“…resource recovery centre means premises other than a waste disposal facility used for the recovery of resources from waste.”

As a Reserve, the vesting of the site (Reserve 51287) will need to be updated to accommodate “resource recovery centre”.

State Planning Policy 2.5 Rural Planning:

This SPP is of relevance only in the context of surrounding rural zoned land uses. As a Reserve, this SPP does not however apply to the site of the Myrup Truck Wash, inclusive of the area proposed to be used as a Food Organics and Garden Organics (FOGO) processing facility. The SPP does however support in principle the use of rural zoned land for waste facilities, stating:

“Some rural land may be suitable to accommodate facilities that serve a regional or sub-regional catchment. This could include regional attractors or facilities such as sporting or entertainment venues, places of worship, prisons, cemeteries and waste facilities.”

Health Local Law:

Standard	Myrup Truck Wash Facility Assessment:	Standard Met?
Use or Storage of Fertiliser 5.1.7 An owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any (a) pig manure; (b) human faeces; or (c) urine.	Refer also “Feedstocks for Waste-Derived Products” above. This will form an ongoing operational requirement.	Ongoing operational requirement
Storage and Dispatch of Artificial Fertiliser 5.1.8 An owner or occupier of premises where fertiliser is stored in bulk for sale shall - (a) keep all artificial fertiliser in a building - (i) of which all internal surfaces are constructed of durable and non-absorbent materials, finished internally with a smooth surface; (ii) that protects it from the absorption of moisture; and (iii) that is adequately ventilated; (b) take adequate measures to prevent the emission of dust or offensive effluvia from the building; and (c) ensure that all artificial fertiliser despatched from the premises is handled and loaded in such a manner as to prevent any nuisance arising during transit.	FOGO compost is an organic product and is not considered artificial. Refer also “Dust” and “Litter and Debris” as above, both of which will form ongoing operational requirements.	Ongoing operational requirement
6.1.3 An owner or occupier of premises shall ensure that - (e) compost heaps are kept well covered;	Covering could be considered as part of detailed planning, however is not required under the DWER Guideline - Better Practice Composting largely due to “Environmental Siting” (refer also to Attachment B).	N/A

The Department of Water and Environmental Regulation and Department of Biodiversity, Conservation and Attractions have been contacted for comment as a preliminary courtesy.

The Department of Water and Environmental Regulation have cited insufficient detail to comment on the site at this stage, however did provide comment on potential groundwater and waterway implications as outlined below –

Esperance Groundwater Area

The proposed site is located within the proclaimed Esperance Groundwater Area where a licence may be required to construct a bore or take water, please contact Murray Gangell on 9841 0121 for further water licensing queries.

Waterways and wetlands

General information is provided below regarding location of other sensitive water resources in respect to the proposed site.

· The site is located with the Shire of Esperance Local Planning Scheme Special Control Area (SCA) 5 - Wetlands of Significance and Lake Warden Recovery Catchment.

· Esperance Wetland Evaluation mapping shows the Shark Lake suite of wetlands occur within 500 m of the boundary of the site.

· A minor, non-perennial waterway is located 160 m to the east of the boundary of the site. The waterway flows into Lake Warden which is approximately 4 km downstream of the site.

Regional DBCA staff have given in principle support, noting that from a native vegetation perspective the Myrup site “is highly disturbed and does not provide critical linkages between remnant patches of native vegetation. The band of remnant vegetation along the eastern edge of the proposed will require an assessment as the proposed development site as shown on the concept plan extends into this.”

Both agencies will provide formal responses as and when a planning application is lodged.

Consultation

Planning Department, Shire of Esperance

Department of Water and Environmental Regulation

Department of Biodiversity, Conservation and Attractions

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are detailed in the above report.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that is empowered and motivated to minimise waste

Targeted reduction of waste with an emphasis on resource recovery and waste minimisation

Corporate Business Plan 2020/21 – 2023/24

N2 Targeted reduction of waste with an emphasis on resource recovery and waste minimisation

N2.2 Investigate Food Organics and Garden Organics Processing

N2.3 Implement the Community Waste Strategy

Environmental Considerations

The environmental considerations arising from this report are detailed in the above report.

Attachments

a ⇨.	Environmental Performance Objectives and Minimum Standards for Composting at Myrup - Under Separate Cover
b ⇨.	DWER Guideline - Better Practice Composting - Under Separate Cover
c.	Conceptual Layout (Site Plan) - Aerated Static Pile

RECOMMENDATION AND DECISION

12.1.7 FOGO - Due Diligence Assessment; Myrup Truck Wash Facility

Moved: Cr O'Donnell

Seconded: Cr McMullen

O1120-351

Council Resolution

That Council endorse the due diligence assessment of the Myrup Truck Wash Facility as the identified preferred location for a Food Organics and Garden Organics (FOGO) processing facility and utilise this within the Community Consultation Strategy.

CARRIED

F5 – A2

(Against Cr Mickel & Cr Payne)

Item: 12.1.8

Development Application - Proposed Hangar - S/L 40 (65) Merivale Road, Myrup

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

File Ref: D20/32677

Applicant

S N Payne

Location/Address

S/L 40 (65) Merivale Road, Myrup

Executive Summary

That Council consider Development Application 10.2020.4517.1 for a Hangar at Strata Lot 40 (65) Merivale Road, Myrup.

Recommendation in Brief

That Council resolve to approve Development Application 10.2020.4517.1 for a Hangar at Strata Lot 40 (65) Merivale Road, Myrup.

Background

Shire of Esperance (Planning Services) received a development application on 11 November 2020 for a Hangar at Strata Lot 40 (65) Merivale Road, Myrup.

As the application relates to land owned by an Elected Member which is not their primary place of residence, the application must be determined by Council in accordance with EXT 004: Applications Lodged by Senior Employees or Elected Members.

Officer’s Comment

The application complies with all provisions of the Local Planning Scheme, and as such Planning Officers recommend approval of the development.

It is referred to Council for Determination in accordance with EXT 004: Applications Lodged by Senior Employees or Elected Members.

Reasons for recommendation

· The development is a component of a ‘D’ use which means it is a discretionary approval.

· The development complies with the provisions of SU4 - Myrup Fly-in Estate.

· The development would have been approved under delegated authority if EXT 004: Applications Lodged by Senior Employees or Elected Members did not apply.

Consultation

Nil

Financial Implications

Application Fees totalling $480.00 were charged as part of the application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have 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 that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.	Plans
b ⇩.	Site Plan

Cr Payne declared her financial interest and left the Chamber at 4.39pm.

RECOMMENDATION AND DECISION

12.1.8 Development Application - Proposed Hangar - S/L 40 (65) Merivale Road, Myrup

Moved: Cr McMullen

Seconded: Cr Chambers

O1120-352

Council Resolution

That Council approve Development Application 10.2020.4517.1 for a Hangar at Strata Lot 40 (65) Merivale Road, Myrup 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 Hangar shall not be used for human habitation, commercial or industrial uses.

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.

10. 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.

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

6. The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, including the following criteria:

7. Site identified as being located within a sewerage sensitive area, development is to comply with the provisions of the Government Sewerage Policy 2019 (as amended).

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

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

10. The development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

11. Water Quality Protection Note No 28: Mechanical servicing and workshops should be referred to in relation to construction, operation and management of workshops where mechanical servicing is undertaken

CARRIED

F6 - A0

Cr Payne returned to the Chamber at 4.40pm.

Ordinary Council: Agenda

24 November 2020 Page 173

Item: 12.4.2

Transfer of Blue Waters Lodge Chattels from Youth Hostels Australia

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D20/32012

Applicant

YHA Australia

Location/Address

N/A

Executive Summary

With confirmation of transfer of Lot 299 (1A) Goldfields Road, Castletown proceeding, decisions regarding existing chattels and short term operations need to be finalised.

Recommendation in Brief

That Council

· Accept responsibility for all plant and equipment on the premises of the current YHA property at Lot 299 (1A) Goldfields Road, Castletown on a walk-in walk-out basis with the cost of disposing of the large amount of damaged and broken equipment being accepted in lieu of payment for the plant and equipment that still retains value.

· Amend the municipal budget to provide an allowance for maintenance of the existing structures Lot 299 (1A) Goldfields Road, Castletown.

· Amend the municipal budget to enable acceptance of funds from the State Government towards the initial maintenance requirements of Lot 299 (1A) Goldfields Road, Castletown should they be forthcoming.

· Delegate to the CEO authority to negotiate management of Lot 299 (1A) Goldfields Road on a short-term basis (no longer than 30 June 2021) in the event that use of the facility is considered appropriate to meet a need within town.

Background

At the September Ordinary Council Meeting the following decision was made:

That Council advise the Department of Planning, Heritage and Lands that it will take on the responsibility for the structures on Lot 299 (1A) Goldfields Road, Castletown and request that it form a new reserve with the same purposes and conditions as Reserve 26967 with the additional land use of ‘tourism accommodation’.

This reserve was previously under the control of YHA Australia, who are currently in the process of handing responsibility for the reserve back to the State of WA. With the Council agreeing to take responsibility for the site and all structures contained on it, YHA initially offered all plant and equipment currently contained on site to the Shire for the sum of $10,000. This includes beds and bedding, ride-on lawn mower, ovens, fridges, pool table, furniture etc. On further discussions YHA Australia have now confirmed that they are happy to transfer ownership of all chattels etc at no cost provided the Shire also takes on responsibility for disposing of all items on the property identified as unusable.

On inspection by officers a significant portion of the chattels were identified as unusable – this includes a sea container that is no longer water proof and the property inside it that has been badly water damaged over a considerable period of time. A large number of the beds etc are also not of a useable standard while there is a small derelict bus abandoned at the back of the property.

The useable chattels include a small number of newish beds, a ride on lawn mower in good condition, fridges, pool table along with some of the furniture.

Officer’s Comment

While there is no guarantee we will need the equipment, the current uncertainty over the future use of the facility (and any need for it to be used in the short-term) means that maintaining the existing plant and equipment is seen as appropriate, therefore the offer is recommended.

At a recent Economic Recovery Sub-Committee meeting the potential for the YHA to be utilised to accommodate short-term workers currently needed by local businesses to cope with additional demands over the peak tourism season was discussed. Subsequent to this we were advised (via the GEDC) that there may be assistance available from the State Government to get the YHA building up to standard for this purpose if it is required. To this effect a maintenance budget has been allocated in case we need to do some work for this purpose and an income budget has been identified in the event that we are able to get assistance from the State Government for this work.

The recommendation that Council delegate the authority to negotiate management of the facility is also based on the potential for the YHA building to provide a solution to the current need in town. In the event that the facility was opened to meet a need in town, management of the facility would also need to be determined. Based on our experience with the Esperance Seafront Caravan Park it is expected that contracting management of the facility will be preferable from an operating efficiency perspective to the Shire directly managing it. This recommendation enables the CEO to determine a management structure appropriate to the use the facility is being opened for expediently. It is expected that any decision to open the facility will need to occur with short lead times.

In the event that Council would prefer not to accept responsibility for the plant and equipment on premises, this decision will be communicated to YHA Australia and it will be their responsibility as to what they would like to do with it. This is not recommended as we would then need to re-furnish the property at short notice if we were to decide to utilise it for any reason.

Consultation

Discussions regarding property condition have included the Shire’s Maintenance Team, Chief Executive Officer and Manager Development and Statutory Services.

Discussions regarding funding and carrying out the minimum maintenance required to enable short term use of the facility has included the Shire’s Maintenance Team, Chief Executive Officer and the Goldfields Esperance Development Commission.

Discussions have also commenced with local businesses regarding their staffing needs and whether an accommodation option would help them attract staff to cover shortages.

Financial Implications

The financial implications arising from this report are:

Description		Budget Figure	Amended Figure	Variation
YHA Maintenance	W/O 3651	14,287	64,287	50,000
State Government Contribution to YHA Maintenance	01-3900-115-155	0	-42,000	-42000
Net result				8,000

It is important to note that the two line items above are not mutually inclusive. In the event that the State Government funding is not forthcoming we may still need to spend the maintenance allowance. This budget amendment also only deals with funding in the event that a short term use is required, the budget ramifications of Council’s previous decision to accept the transfer of management order from the State Government will be dealt with at budget review.

Asset Management Implications

Asset management implications are dealt with in Financial implications above.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Esperance is a vibrant and welcoming destination

Lead the promotion of Esperance as a destination of choice

Environmental Considerations

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

12.4.2 Transfer of Blue Waters Lodge Chattels from Youth Hostels Australia

Moved: Cr Payne

Seconded: Cr McMullen

O1120-358

Council Resolution

That Council

1. Accept responsibility for all plant and equipment on the premises of the current YHA property at Lot 299 (1A) Goldfields Road, Castletown on a walk-in walk-out basis with the cost of disposing of the large amount of damaged and broken equipment being accepted in lieu of payment for the plant and equipment that still retains value.

2. Delegate to the CEO authority to negotiate management of Lot 299 (1A) Goldfields Road on a short-term basis (no longer than 30 June 2021) in the event that use of the facility is considered appropriate to meet a need within town.

3. Amend the municipal budget as follows:

Description		Budget Figure	Amended Figure	Variation
YHA Maintenance	W/O 3651	14,287	64,287	50,000
State Government Contribution to YHA Maintenance	01-3900-115-155	0	-42,000	-42,000
Net result				8,000

CARRIED

F7 - A0

13. Reports Of Committees

Item: 13.1

Minutes of Committees

Author/s	Alli McArthur	Executive Assistant
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D20/31621

Attachments

a.	Reconciliation Action Plan Working Group – 16 October 2020
b ⇩.	Esperance Roadwise Committee - 2 November 2020
c ⇩.	Local Recovery Committee - 10 November 2020

RECOMMENDATION AND DECISION

13.1 Minutes of Committees

Moved: Cr Payne

Seconded: Cr Chambers

O1120-359

Council Resolution

That Council accept the following unconfirmed minutes:

1. Reconciliation Action Plan Working Group - 16 October 2020

2. Esperance Roadwise Committee - 2 November 2020

3. Local Recovery Committee - 10 November 2020

CARRIED

F7 - A0

PDF Creator

Item: 16.2

Local Recovery Meeting - Economic Sub Committee Update

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D20/34114

Applicant

Economic Sub Committee

Location/Address

Internal

Executive Summary

For the Local Recovery Committee to be updated regarding initiatives being discussed by the Economic Sub Committee and consider recommendations made.

Recommendation in Brief

That Council

1. Approve a payment from the IGO Grant for an amount of $4,000 for the production of promotional videos to assist the “6450 Job Connection Program”

2. Approve a payment from the IGO Grant for an amount up to $1,000 to subsidise courses, to the value of $60 per student, to undertake the “Fast Track to Hospitality Training” being offered at the South East Regional TAFE.

Background

The Economic Sub Committee have been looking at ways to assist local business to ensure a level of preparedness for the busier than usual expectation around the summer holidays period due to the increase in intrastate travel due to COVID restrictions.

Financial assistance has been provided, through the IGO Grant Program, to the ECCI to provide support to businesses to prepare for a potential second wave of restrictions, however reduced staffing availability, resulting is a threat to service capability, is a newly recognised emerging issue.

Officer’s Comment

Through the Economic Sub Committee meetings it is understood a number of businesses are already operating at reduced capacity due to lack of staffing numbers. At this time of year, backpackers and seasonal workers usually provide additional staffing for businesses to accommodate the increase in population over the holiday period. This year, due to interstate and international border restrictions, the services of these travelers is not available.

The Esperance Chamber of Commerce and Industry (ECCI) and the Shire of Esperance have been working together to develop and promote a program called “6450 Job Connection”. This program has been designed to help address the staffing shortage that businesses are experiencing. In the first instance, the program is a call out to local people who may be considering casual work or a second job over the summer, while also promoting Esperance to workers outside the region as a place to come to work.

The ECCI have received a quote from David and Jennene Riggs for $2.400 to film and produce a video promoting Esperance as a “work destination”, which can be used across social media, on line channels and print formats, to assist in this messaging.

RECOMMENDATION

That the Local Recovery Committee recommend to Council to approve a payment from the IGO Grant, for an amount of $2,400 for the production of a promotional video to assist the “6450 Job Connection Program”.

MOVED : S Flanagan SECONDED : B Nicholas CARRIED

There has also been a focus on providing training and upskilling opportunities for local people in Esperance. Local hospitality businesses, the high schools and the TAFE have been working together to put together a “Fast Track to Hospitality” training package that will offer barista, responsible service of alcohol and food hygiene training as part of a package.

The TAFE will provide trainers and an accredited course, open to 8 students at a time, for $195.30 for full fee paying students, and $121.30 for concession. Similar courses have been developed by Southern Regional TAFE in Albany and have been very successful.

The courses in Albany have been sponsored by the City of Albany and Albany Chamber of Commerce, providing discounted tuition.

RECOMMENDATION

That the Local Recovery Committee recommend to Council to approve a payment from the IGO Grant, for an amount up to $1,000, to subsidise students undertaking the “Fast Track to Hospitality Training” being offered by the South East Regional TAFE.

MOVED : R Riley SECONDED : T Ayers CARRIED

Consultation

Economic Sub Committee

Esperance Chamber of Commerce and Industry

South East Regional TAFE

Local Hospitality Businesses

Financial Implications

The IGO Funding currently stands at;

Recipient	Purpose	Amount	Remaining Funds
			$150,000
Esperance District Football Association	Free entry – Football Grand Final	$11,000	$139,000
Rotary Club	NYE Fireworks	$5,000	$134,000
Esperance Chamber of Commerce	Esperance Business COVID Recovery Program	$50,000	$84,000
Australia’s Golden Outback	Esperance Destination Product Development Project	$32,500	$51,500
Shire of Esperance	Community Hand Sanitation Stations	$5,000	$46,500
Shire of Esperance	Town Tunes	$3,600	$42,900
Esperance Home Care	3 x Wheelchairs	$1,800	$41,100
Residential Aged Care Facility	Sara Stedy Hoist	$2,500	$38,600
Cannery Arts Centre	Open Mic Night Program	$500	$38,100
Shire of Esperance	Sanitiser stocks	$500	$37,600
ECCI	6450 Job Connection	$2,400	$35,200
South East Regional TAFE	Fast Track to Hospitality Training	$1,000	$34,200

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A feeling of safety and confidence within our neighbourhoods and a sense of security

Develop and maintain a safe environment for the community

Environmental Considerations

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

Cr McMullen declared an impartiality interest in dot point two of the Officers Recommendation.

16.2 Local Recovery Meeting - Economic Sub Committee Update

Moved: Cr Payne

Seconded: Cr Chambers

O1120-363

Council Resolution

That the Local Recovery Committee recommend to Council;

1. Approve a payment from the IGO Grant, for an amount of $4000 for the production of a promotional video to assist the “6450 Job Connection Program”.

2. Approve a payment from the IGO Grant, for an amount up to $1,000, to subsidise students undertaking the “Fast Track to Hospitality Training” being offered at the South East Regional TAFE.

CARRIED

F7 - A0

18. PUBLIC QUESTION TIME

1. Dr K Nieukerke – Esperance Sunset Markets

Dr Nieukerke questioned why the Shire has regular late items.

Cr Mickel responded that he has the authority to not accept the late items and he doesn’t plan to make a habit of it.

Cr McMullen added that the Local Recovery Committee is fed information and recommendations from the Recovery Sub Committees, these committees meet once a fortnight. Cr McMullen explained that the Local Recovery committee met on 17 November 2020, the same day as the Agenda Briefing Session, therefore the item could not make the Agenda in time. Cr McMullen added that these late items are both time sensitive and that’s why they have been brought to Council as late items.

Dr Nieukerke, Mr Sime, Mrs Sime and Ms Welke left the Chamber at 4.58pm.

17. Matters behind Closed Doors

Moving behind closed doors

Moved: Cr Graham

Seconded: Cr Chambers

O1120-364

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

17.1 Expressions of Interest - Old Hospital Building Museum Village

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

17.2 0323-20 Supply, Delivery and Licensing of Two New 2020/21 Backhoes 9-11 Ton

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

17.3 Lease Amendment - Jetty Headland Sites 1 & 4

17.4 EOI - Esperance Indoor Sports Stadium Mural Project

17.5 Application for Exemption - Tijuk Foundation Pty Ltd

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

CARRIED

F7 - A0

17.1 Expressions of Interest - Old Hospital Building Museum Village

Moved: Cr Obourne

Seconded: Cr O’Donnell

O1120-365

Officer’s Recommendation

That Council agrees to:

1. Enter into a lease with Ruth Smithies for the Old Hospital Building at the Museum Village, portion of Lot 61 on Diagram 5742, Dempster St, Esperance;

2. Lease term to be 5 years, with the commencement date to be determined following completion of maintenance works;

3. Lease rental to be $9,011.20 Inc GST per annum, and that Council consider this value to be a true indication of the current market rental rate;

4. Lease rental to be subject to annual increases based on CPI;

5. All lease terms and conditions being as per Council’s standard commercial lease; and

6. The disposition being advertised in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

Council Resolution

That Council agrees to:

1. Enter into a lease with Teija Rider (The Wild Rose Company) for the Old Hospital Building at the Museum Village, portion of Lot 61 on Diagram 5742, Dempster St, Esperance;

2. Lease term to be 5 years, with the commencement date to be determined following completion of maintenance works;

3. Lease rental to be $9,011.20 Inc GST per annum, and that Council consider this value to be a true indication of the current market rental rate;

4. Lease rental to be subject to annual increases based on CPI;

5. All lease terms and conditions being as per Council’s standard commercial lease; and

6. The disposition being advertised in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED

F7 - A0

Reason: Council wanted to enter into a lease with Teija Rider.

17.2 0323-20 Supply, Delivery and Licensing of Two New 2020/21 Backhoes 9-11 Ton

Moved: Cr Chambers

Seconded: Cr Graham

O1120-366

Council Resolution

That Council accept quotation 0323-20 from McIntosh and Sons for the supply, delivery and licensing of Two new 2020/21 CASE 695ST Backhoes as specified and as per the lump sum price.

CARRIED

F7 - A0

Cr McMullen and Cr Payne declared their financial interests and left the Chamber at 5.12pm.

17.3 Lease Amendment - Jetty Headland Sites 1 & 4

Moved: Cr Obourne

Seconded: Cr Chambers

O1120-367

Council Resolution

That Council, subject to Department of Lands’ approval, agrees to;

1. Surrender the current leases with Nicola and Grant Sime for Jetty Headland Site 1 and Mario Abram for Jetty Headland Site 4;

2. Enter into a new lease with Nicola and Grant Sime for Jetty Headland Site 1 and Mario Abram for Jetty Headland Site 4;

3. The lease amendments taking place once site works have been completed and the kiosks installed.

4. Term of the leases being 10 years;

5. Annual lease fee being $5,896.60 Inc GST per annum for each site, which includes the Lessee’s contribution for site upgrade works, and that Council consider this value to be true indication of the current market rental rate;

6. Lease rental to be subject to annual increases based on CPI; and

7. The disposition being advertised in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED

F5 - A0

Cr McMullen and Cr Payne returned to the Chamber at 5.14pm.

17.4 EOI - Esperance Indoor Sports Stadium Mural Project

Moved: Cr Chambers

Seconded: Cr McMullen

O1120-368

Council Resolution

That Council awards the Esperance Indoor Sports Stadium Mural Project to artist George Domahidy, to lead the community workshops and deliver the collaborative mural artwork.

CARRIED

F7 - A0

Cr Payne declared a financial interest in item 17.5 as she is involved in a group in the process of applying for a rates exemption.

Cr Payne left the Chamber at 5.22pm.

17.5 Application for Exemption - Tijuk Foundation Pty Ltd

Moved: Cr Obourne

Seconded: Cr Chambers

O1120-369

Officer’s Recommendation

That Council

1. Grant a rate concession under Section 6.47 of the Local Government Act (1995) to Esperance Tjaltraak Native Title Aboriginal Corporation (ETNTAC) and its wholly owned subsidiary being Tijuk Foundation Pty Ltd for the following properties that are held for cultural purposes –

Lot 525 Thompson Street, Sinclair

Lot 300 Princess Street, Pink Lake

Lot 57 Dunn Street, Salmon Gums

Lot 73 Dunn Street, Salmon Gums

Lot 880 Collier Road, Pink Lake

2. Grant a rate concession from the date that the properties were transferred from the State as part of the Native Title Settlement

3. Consider a rate concession for the above with the annual review of all Shire rate concessions

4. Raise rates on the ETNTAC and its wholly owned subsidiary Kwongkan Holdings Pty Ltd for the following properties effective from 1 July 2020

Lot 581 Sims Street, Chadwick

Lot 500 Blizard Road, Pink Lake

Lot 303 Valley Road, Pink Lake

Council Resolution

That Council

1. Reject the rates exemption under Section 6.26(2)(g) of the Local Government Act (1995) to Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC) for the properties held in the name of Tijuk Foundation Pty Ltd.

2. Agrees to rate all land acquired by ETNTAC including wholly owned subsidiaries being Tijuk Foundation Pty Ltd and Kwongkan Holdings Pty Ltd effective from 1 July 2020.

CARRIED

F6 - A0

Reason: Council determined that the properties were rateable under Section 6.26 (2)(g).

Cr Payne returned to the Chamber at 5.28pm.

Coming from behind closed doors

Moved: Cr McMullen

Seconded: Cr Chambers

O1120-370

That the meeting come from behind closed doors.

CARRIED

F7 - A0

19. CLOSURE

The President declared the meeting closed at 5.29pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

Presiding Member at the meeting at which the Minutes were confirmed.

Dated_____________________

a.	Bluemar - BOILC Heating Study - High Level Options
b ⇨.	Bluemar - BOILC Heating Feasibility Study - Under Separate Cover
c .	Bluemar - BOILC Heating Feasibility Study - Confidential Appendices - Confidential

a.	Information Bulletin - October 2020
b ⇨.	Corporate Performance Report - October 2020 - Under Separate Cover
c ⇩.	Department of Finance - Disposal of Soil & Material From TAFE Construction Site
d ⇩.	Delegations Discharge – Corporate Resources
e ⇩.	Letter of Appreciation - LEAF

a.	Activ - Notification of Returned Funds
b ⇩.	Request from United to Supply Bins

Author/s	Neil Husbands	Manager Asset Planning
Authorisor/s	Mathew Walker	Director Asset Management

a ⇨.	Strategic Asset Management Plan 2020 - Under Separate Cover
b ⇨.	Asset Management Maturity Assessment Plan 2020 - Under Separate Cover
c.	ASS 021 - Asset Management

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Beth O'Callaghan	Acting Director Corporate Resources

a.	Policy EXT 021 - Museum Village Markets
b ⇩.	Email Request - Brodeine Bratten