Minutes of Ordinary Council

27 July 2021 Page 15

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
27 July 2021.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4.03pm and did an acknowledgement to country.

The Shire of Esperance acknowledges the Nyungar and Ngadju people who are the Traditional Custodians of this land and their continuing connection to land, waters and community. We pay our respects to Elders past, present and emerging and we extend that respect to other aboriginal Australians today.

The President welcomed Councillors, staff, guests and members of the public to the meeting. The President advised the meeting will be video recorded. The recording will be made publicly available as soon as practical following the meeting.

2. ATTENDANCE

Members

Cr I Mickel, AM JP President Rural Ward

Cr S McMullen Town Ward

Cr J Obourne Town Ward

Cr R Chambers Town Ward

Cr D Piercey, JP Town Ward

Cr W Graham Rural Ward

Vacant Town Ward

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mr P Clifton Acting Director External Services

Mrs F Baxter Director Corporate & Community Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss A McArthur Executive Assistant

Members of the Public & Press

Ms H Phillips Observing

Dr K Nieukerke Item 7

Mrs C Grant Observing

Mrs N Hosking Observing

Mr L Dansey Item 12.1.4

Mrs K Dansey Item 12.1.4

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr B Parker Deputy President Rural Ward Apology

Cr J O’Donnell Town Ward Apology

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr Graham

Seconded: Cr Obourne

O0721-100

That Council accept the following leave of absence:

Cr Chambers 31 July until 8 August 2021

CARRIED

F6 - 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

Nil

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

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Chambers declared an impartiality interest in item 12.3.6 as he was previously employed by the applicant.

Mr Clifton declared an impartiality interest in item 12.3.5 as he is a committee members of the Esperance Cycling Club.

7. PUBLIC QUESTION TIME

1. Dr K Nieukerke – CCTV

The following questions were provided in advance to the meeting and were taken on notice by the Chief Executive Officer.

A response will be given to Dr Nieukerke in writing and will be published in the August Ordinary Council Meeting Agenda.

I seek clarification on the on-going/operational costs of the CCTV system installed by the Shire.

· Depreciation

what is the current annual depreciation of the equipment installed (e.g. cameras, network, servers, screens).

what is the expected useful lifetime of the various components

· Maintenance

what is the current annual maintenance of the various components

· Monitoring

what is the anticipated effort to monitor the system incurred by Shire and the related costs.

· Data Storage

What is the amount of data storage required (on-line access and long-term storage).

What organization is responsible for data retention and retrieval from archived data)

What is the related cost to Shire

· Evidence

What is the procedure to request data for evidence

who is responsible for the safety and security of released data

what process will ensure that ‘duplicated data’ for evidence is destroyed after usage

how is responsible for the staff/supervision/reporting of this process (and costs if Shire plays a role in these tasks)

· Complaints

Will Shire adopt a complaints process. Who and how will a member of the public be

able to lodge a complaint (will there be an independent ombudsman?).

2. Mr T Carmody – Cascade Road

Mr Carmody provided his questions in advance to the meeting and were read aloud by the presiding member.

Under what instrument was the 5 tonne limit imposed as the road was open to all traffic?

Cr Mickel responded under Section 3.50 the Local Government Act 1995, The local Government can close a thoroughfare to vehicles or a certain class of vehicles i.e. load limit.

Was this at the direction of the Council? Or was it a the direction of the Shire?

Cr Mickel responded that Cascade Road (Lake King Cascade Road) was handed over to the Shire of Esperance from Main Roads WA in 2005, our records indicate there has been a 5 tonne load limit on since or shortly after this time due to the road condition.

3. Mr T Gray - CCTV

QUESTIONS TAKEN ON NOTICE – JUNE ORDINARY COUNCIL MEETING

Questioned by Mr T Gray

Answered by Mr S Burge

Thank you for your questions at the June Ordinary Council Meeting. My sincere apologies for the delay in providing these responses. Please see answers below in blue.

1. Has the MOU been executed between the Shire of Esperance and the WA Police? Not yet, WA police are currently going through their internal processes to allow the MOU to be executed.

2. If not, when does the Shire expect this to be done? WA police are currently going through their internal processes to allow the MOU to be executed.

3. If it has, why isn’t it with the agenda item? N/A

4. In any event, is it going to be a public document? Yes the document will be available of the Shire website once it is executed.

5. Has all the new CCTV equipment been installed in the Esperance town site and is it operating? Yes

6. Why are there no signs on the CCTV posts to advise the community that they are under surveillance? There is no requirement to have signage on the post, and it would be impractical in most instances as the signs would have to be large for people to read them from a distance.

7. Does the CCTV system have facial recognition capability or number plate recognition capability or both? The CCTV system does not have facial recognition, number plate recognition is planned for the future, but not currently installed.

8. Besides storing the data with the Shire of Esperance is the WA Police service going to store the data itself or share it with other agencies or both? Storing and sharing data will be a WA Police responsibility only, as per their internal policies and procedures.

9. How is it that the shire is acting as a facilitator to enable the police exclusive access to public surveillance equipment? This is a common arrangement between WA Police and the Local Government Authority who want to provide public surveillance.

Mr Walker, at the briefing on 15 June 2021 advised that the Shire of Esperance CCTV policy was based on the City of Bunbury document.

Question:

1. That being so, why is the proposed agenda CCTV policy so dissimilar to the Town of Bunbury document? As per the verbal response given during the June Ordinary Council Meeting, the MoU was based on the City of Bunbury’s MoU. The Council Policy however, was not based on the City of Bunbury’s.

2. How does the proposed agenda item ensure that protection is kept of individual privacy? Protection of the individual will be as what is required under the Surveillance Devices Act 1998. Additional to this, there will be a process for staff to access internal CCTV recordings.

3. What review processes and audit systems are to be implemented to ensure that the data is not being misused, and that individual privacy is protected? The CCTV system software used will ensure all users and their access are recorded.

4. What compliance protocols will be put in place in respect of the use and storage of the data? All compliance protocols will be as per the CCTV Policy and MoU.

5. Why did the community not have adequate opportunity to be consulted on this policy agenda item? This policy was put to Council as the elected community representatives for consideration. It is not a common practice to put policies out for public comment.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr Obourne

Seconded: Cr Chambers

O0721-101

That the Minutes of the Ordinary Council Meeting of the 22 June 2021 be confirmed as a true and correct record.

CARRIED

F6 - A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Chambers

25 Jun Attended the GVROC meeting by Zoom to discuss the WALGA State Council agenda.

Cr Obourne

28 Jun Senior Citizens Board Meeting

2 Jul Hosted the Hon Shelley Payne MLC at Stars Academy to advocate for state government funding

9 Jul Staff farewell function

16 Jul ABC interview - hydrogen & crime

19 Jul Meet with Dr David Honey MLA & the Hon Steve Martin MLC

21 Jul ABC interview - Harbour Road & Live Streaming

22 Jul ECCI Brekkie Bytes

22 Jul ECCI Business After Hours

23 Jul CEO Performance Review teleconference

26 Jul Senior Citizens Board Meeting

Cr O’Donnell

28 Jun Visited Esperance Home Care and delivered Meals on Wheels

30 Jun Helped with Restore Hope Foundation food deliveries

2 Jul Visited Esperance Cemetery with Shire President

5 Jul Attended NAIDOC Week Opening Ceremony

9 Jul Met with Restore Hope Foundation's Treasurer & Coordinator

19 Jul Meet with Dr David Honey MLA & the Hon Steve Martin MLC

22 Jul Attended ECCI Business Brekkie Bites

22 Jul Attended Museum catch up with Lynda and Erica

22 Jul Attended ECCI Business After Hours

Cr Graham

19 Jul Meet with Dr David Honey MLA & the Hon Steve Martin MLC

22 Jul Attended ECCI Business After Hours

Cr McMullen

19 Jul Meet with Dr David Honey MLA & the Hon Steve Martin MLC

Cr Piercey

22 Jul Attended Business After Hours

26 Jul Attended Carbon Farming Workshop

Cr Mickel

25 Jun With Cr Chambers & CEO attended the GVROC meeting by Zoom to discuss the WALGA State Council agenda.

26 Jun Attended the Rotary Club of Esperance Bay Changeover function. Rotarian Chad Holten is the new President taking over from Rotarian Jen Ford.

Attended the Esperance Lions Club Changeover dinner and conducted their change – over formalities. Lion Helen Pendelbury continues as the President.

28 Jun Met with representatives of Scaddan Country Club to discuss identifying a building company to construct the extension of their Club rooms.

Attended the Rotary Club of Esperance Changeover Dinner. Rotarian Rod Taylor is the new President taking over from Rotarian Brian Colliver.

29 Jun Visited the Esperance Cemetery, with Councillor O’Donnell, to inspect the grounds and information material provided for public assistance.

5 Jul Attended the NAIDOC Week Opening Ceremony. Thank you to all Councillors and Staff members who also attended.

Met with Mr Jeff Sortberg from Australian Bureau of Statistics who briefed me on effort being programmed to capture the homeless and travelling people for this year Census.

13 Jul Met with Ms Kate Evans from the Department of Communities. She briefed me on work programmed to provide additional social housing stock in Esperance.

19 Jul Meet with Dr David Honey MLA & the Hon Steve Martin MLC

22 Jul Met with Hon Rita Saffioti MLA (Minister for Transport), staff from Main Roads WA and Department of Transport. We briefed the Minister on the need for a Roundabout at the intersection of South Coast Highway & Harbour Road. We also expressed concern at the poor maintenance of Harbour Road. The Minister spoke about the WA Governments forward planning and encouraged us to list all of our future transport planning with the Government Departments.

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Development Application - Oversized Outbuilding (Shed) - Lot 1066 (18) Waterlily Way, Castletown

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

File Ref: D21/21925

Applicant

S R Virgo

Location/Address

Lot 1066 (18) Waterlily Way, Castletown

Executive Summary

For Council to consider Development Application 10.2021.4689.1 for an Oversized Outbuilding (Shed) at Lot 1066 (18) Waterlily Way, Castletown.

Recommendation in Brief

That Council approve Development Application 10.2021.4689.1 for an Oversized Outbuilding (Shed) at Lot 1066 (18) Waterlily Way, Castletown subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed) at Lot 1066 (18) Waterlily Way, Castletown was received by Planning Services on 4 June 2021.

Non-objections from all adjoining landowners were provided by the applicant with the application.

Lot 1066 (18) Waterlily Way, Castletown is zoned ‘Residential’ R20 and has an area of 800m².

In accordance with the provisions of Council’s Local Planning Policy: Outbuildings, the proposed outbuilding requires referral to Council for determination, with the policy stating:
Outbuildings in Residential and Future Residential Zones

*Objective*	The objective of these development requirements is to achieve a balance between: • Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and • Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.
*Permitted Uses of Outbuildings*	• Must be for legitimate residential purposes. • Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business. • Use of outbuildings for human habitation is not permitted. • An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.
*Setbacks*	As per provisions of Local Planning Scheme No. 24 and the Residential Design Codes;
*Size*	• Maximum area of outbuilding(s) per lot: o 10% of site area where lot 1000m² or less; o 100m² where lot is greater than 1000m². • Maximum wall height – 3.6 metres • Maximum ridge height – 4.2 metres
*Maximum Variation*	• 25% for Site Area • 10% for Wall or Ridge Height
*Consultation*	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

Shire staff are only authorised to approve applications that meet the requirements of legislation and Local Planning Policy. Applications for outbuildings that do not comply with the above development requirements will be assessed on a case by case basis and may be permitted subject to the following matters being taken into account in the assessment process:

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

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

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

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

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council.

This proposal calls for 108 square metres of new Outbuilding to be constructed on the property, where Council has permitted a maximum of 100 square metres (80 square metres plus a 25% site area variation) under its Local Planning Policy: Outbuildings.

The proposal further exceeds the maximum wall and ridge height. In the Residential zone a maximum wall height of 3.6 metres and maximum ridge height of 4.2 metres applies, a 10% variation is also available subject to advertising. In this instance the applicant proposes a wall height of 4.2 metres and a ridge height of 4.99 metres.

As the proposal exceeds maximum site area, wall height and ridge height the application requires the consent of Council.

Thus the matter is referred to Council for determination.

Officer’s Comment

The proposal calls for construction of a new Outbuilding of 108 square metres on a property

It is noted that the building does not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings as it exceeds the maximum 10% of the site area (80 square metres) of Outbuildings permitted in the Residential zone as well as the 25% maximum variation criteria which would permit up to 100 square metres of Outbuildings on the property subject to neighbour referral.

It further exceeds the maximum wall and ridge height (3.6 metres and 4.2 metres respectively) permitted in the Residential zone as the 10% variation criteria would permit up a wall height of 3.96 metres and a ridge height of 4.62 metres with a wall height of 4.2 metres and a ridge height of 4.99 metres proposed.

The officers recommendation is for approval of the proposed Outbuilding (Shed) as the location of the proposed outbuilding is adjacent to an existing large Outbuilding on adjoining property Lot 1058 (2) Waterlily Way, Castletown which will assist in reducing impact on the streetscape and surrounding locality.

Consultation

Non-objections were provided by the applicant as part of the application from both adjoining landowners.

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· 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 ⇩.	Site Plan
b ⇩.	Elevations and Floor Plans

RECOMMENDATION AND DECISION

12.1.1 Development Application – Oversized Outbuilding (Shed) – Lot 1066 (18) Waterlilly Way, Castletown

Moved: Cr Obourne

Seconded: Cr Piercey

O0721-102

Council Resolution

That Council approve Development Application 10.2021.4689.1 for an Oversized Outbuilding (Shed) at Lot 1066 (18) Waterlily Way, Castletown subject to the following conditions:

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

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

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

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.

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 emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, chemicals and/or any other type if emission that may potentially impact on environmental and/or public health are to be mitigated within the boundaries of the premise and must not impact on public health and/or cause nuisance to users or occupants of adjoining premises.

7. All fencing shall be in accordance with the Shire of Esperance Fencing Local Law

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.

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

AND the following advice notes:

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

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

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

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

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

CARRIED

F6 - A0

Ordinary Council: Minutes

27 July 2021 Page 19

Item: 12.1.2

Development Application - Oversized Outbuilding (Shed) - Lot 248 (10) Asken Turn, Bandy Creek

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

File Ref: D21/21950

Applicant

Drake-Brockman Building and Construction on behalf of J & K Fiegert

Location/Address

Lot 248 (10) Asken Turn, Bandy Creek

Executive Summary

For Council to consider Development Application 10.2020.4520.3 for an Oversized Outbuilding (Shed) at Lot 248 (10) Asken Turn, Bandy Creek.

Recommendation in Brief

That Council approve Development Application 10.2020.4520.3 for an Oversized Outbuilding (Shed) at Lot 248 (10) Asken Turn, Bandy Creek subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed) at Lot 248 (10) Asken Turn, Bandy Creek was received by Planning Services on 21 June 2021.

This application is for an amendment to a previous approval, with a larger Outbuilding (Shed) proposed in place of the one that was previously approved on the site under delegated authority.

The applicant later provided a non-objection from one adjoining landowner, with advertising undertaken to the other non-shire landowner with no objections received during the referral period.

Lot 248 (10) Asken Turn, Bandy Creek is zoned ‘Residential’ R15 and has an area of 836m². The property is further affected by Special Control Area 2B – Flinders Residential Development.

In accordance with the provisions of Council’s Local Planning Policy: Outbuildings, the proposed outbuilding requires referral to Council for determination, with the policy stating:

Outbuildings in Residential and Future Residential Zones

*Objective*	The objective of these development requirements is to achieve a balance between: • Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and • Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.
*Permitted Uses of Outbuildings*	• Must be for legitimate residential purposes. • Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business. • Use of outbuildings for human habitation is not permitted. • An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.
*Setbacks*	As per provisions of Local Planning Scheme No. 24 and the Residential Design Codes;
*Size*	• Maximum area of outbuilding(s) per lot: o 10% of site area where lot 1000m² or less; o 100m² where lot is greater than 1000m². • Maximum wall height – 3.6 metres • Maximum ridge height – 4.2 metres
*Maximum Variation*	• 25% for Site Area • 10% for Wall or Ridge Height
*Consultation*	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

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

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

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

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

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council.

This proposal calls for 81 square metres of new Outbuilding to be constructed on the property, which complies with the maximum of 83 square metres (10% of the site) under its Local Planning Policy: Outbuildings.

The proposal exceeds the maximum wall and ridge height under Local Planning Policy: Outbuildings. In the Residential zone a maximum wall height of 3.6 metres and maximum ridge height of 4.2 metres applies, with a 10% variation also available subject to advertising. In this instance the applicant proposes a wall height of 4.2 metres and a ridge height of 4.993 metres.

As the proposal exceeds maximum wall and ridge height the application requires the consent of Council.

Thus the matter is referred to Council for determination.

Officer’s Comment

The proposal calls for construction of a new Outbuilding of 81 square metres on a property

It is noted that the building does not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings as it exceeds the maximum wall and ridge height (3.6 metres and 4.2 metres respectively) permitted in the Residential zone including the 10% variation criteria that would permit up a wall height of 3.96 metres and a ridge height of 4.62 metres.

The applicant possesses adequate justification for needing the larger than normal Outbuilding (Shed) with the need to house a large boat.

It should be noted that the reduced site and rear setbacks were previously approved and do not form part of this application.

The officer’s recommendation is for approval of the proposed Outbuilding (Shed) as the position of the proposed Outbuilding at the rear of the property, being a previously approved House, will not cause significant impact on adjoining properties.

Consultation

There are two adjoining landowners who are not the Shire of Esperance.

The applicant provided a non-objection from one adjoining landowner on 22 June 2021.

Advertising to the other landowner was undertaken by letter between 21 June 2021 and 12 July 2021 with no comments or objections being received.

Financial Implications

As the application is for an amendment to a previous approval, application fees totalling $125.00 were received as part of the application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

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 ⇩.	Site Plan
b ⇩.	Floor Plan and Elevations

RECOMMENDATION AND DECISION

12.1.2 Development Application – Oversized Outbuilding (Shed) – Lot 248 (10) Asken Turn, Bandy Creek

Moved: Cr McMullen

Seconded: Cr Obourne

O0721-103

Council Resolution

That Council approve Development Application 10.2020.4520.3 for an Oversized Outbuilding (Shed) at Lot 248 (10) Asken Turn, Bandy Creek subject to the following conditions:

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

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.

7. All fencing shall be in accordance with the Shire of Esperance Fencing Local Law

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

AND the following advice notes:

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

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

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.

CARRIED

F6 - A0

Ordinary Council: Minutes

27 July 2021 Page 28

Item: 12.1.3

Development Application - Oversized Outbuilding (Shed) - Lot 92 (1) Tupper Street, Esperance

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

File Ref: D21/22071

Applicant

A D & E Passeck

Location/Address

Lot 92 (1) Tupper Street, Esperance

Executive Summary

For Council to consider Development Application 10.2021.4727.1 for an Oversized Outbuilding (Shed) at Lot 92 (1) Tupper Street, Esperance.

Recommendation in Brief

That Council approve Development Application 10.2021.4727.1 for an Oversized Outbuilding (Shed) at Lot 92 (1) Tupper Street, Esperance subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed) at Lot 92 (1) Tupper Street, Esperance was received by Planning Services on 6 July 2021.

Non-objections from all adjoining landowners were provided by the applicant with the application.

Lot 92 (1) Tupper Street, Esperance is zoned ‘Residential’ R30 and has an area of 1012m².

In accordance with the provisions of Council’s Local Planning Policy: Outbuildings, the proposed outbuilding requires referral to Council for determination, with the policy stating:

Outbuildings in Residential and Future Residential Zones

*Objective*	The objective of these development requirements is to achieve a balance between: • Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and • Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.
*Permitted Uses of Outbuildings*	• Must be for legitimate residential purposes. • Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business. • Use of outbuildings for human habitation is not permitted. • An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.
*Setbacks*	As per provisions of Local Planning Scheme No. 24 and the Residential Design Codes;
*Size*	• Maximum area of outbuilding(s) per lot: o 10% of site area where lot 1000m² or less; o 100m² where lot is greater than 1000m². • Maximum wall height – 3.6 metres • Maximum ridge height – 4.2 metres
*Maximum Variation*	• 25% for Site Area • 10% for Wall or Ridge Height
*Consultation*	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

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

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

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

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

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council.

This proposal calls for 136 square metres of new Outbuilding to be constructed on the property in addition to an existing Outbuilding of approximately 60 square metres, where Council has permitted a maximum of 125 square metres (100 square metres plus a 25% site area variation) under its Local Planning Policy: Outbuildings.

As the proposal exceeds maximum site area, wall height and ridge height the application requires the consent of Council.

Thus the matter is referred to Council for determination.

Officer’s Comment

The proposal calls for construction of a new Outbuilding of 136 square metres on a property

It is noted that the Outbuilding(s) do not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings. The Outbuilding proposed exceeds the 100 square metres and 25% maximum variation with neighbour referral permitted in the Residential Zone. That is, under the Local Planning Policy – Outbuildings, within the Residential Zone, up to 125 square metres of Outbuildings is permitted on the property subject to neighbour referral. Combined there will be 196m² of Outbuildings on the property.

The proposed Outbuilding exceeds both the maximum wall, and ridge heights of 3.6 metres and 4.2 metres respectively. Outbuilding permitted wall and ridge heights in the Residential zone and allowing the 10% variation criteria is a wall height of 3.96 metres, and a ridge height of 4.62 metres. The proposed outbuilding has a wall height of 4.0 and a ridge height of 5.2 metres.

The officer’s recommendation is for approval of the proposed Outbuilding (Shed) as the location and orientation of the proposed outbuilding will minimize impact on the locality and adjoining landowners. This is primarily due to the proposed Outbuilding being located at the lowest point of the property, with the narrow side facing the street, and with the adjoining property along Jane Street featuring a building of similar dimensions helping to conceal the true scale of the proposed Outbuilding.

Consultation

Non-objections from all adjoining landowners were provided by the applicant with the application.

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

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 ⇩.	Site Plan and 3d Renders
b ⇩.	Elevations and Floor Plans

RECOMMENDATION AND DECISION

12.1.3 Development Application – Oversized Outbuilding (Shed) – Lot 92 (1) Tupper Street, Esperance

Moved: Cr Chambers

Seconded: Cr Obourne

O0721-104

Council Resolution

That Council approve Development Application 10.2021.4727.1 for an Oversized Outbuilding (Shed) at Lot 92 (1) Tupper Street, Esperance, subject to the following conditions:

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

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.

7. All fencing shall be in accordance with the Shire of Esperance Fencing Local Law

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

AND the following advice notes:

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

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

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.

CARRIED

F6 - A0

Ordinary Council: Minutes

27 July 2021 Page 43

Item: 12.1.5

Shire of Esperance Public Health Plan 2021-2026

Author/s	Paul Clifton	Acting Director External Services
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/22900

Applicant

External Services

Location/Address

Nil

Executive Summary

For Council to endorse the draft Esperance Public Health Plan 2021-2026 and Summary Document.

Recommendation in Brief

That Council endorse the Esperance Public Health Plan 2021-2026 and Summary Document as attached.

Background

The Esperance Public Health Plan 20212-2026 (the Plan) is a five year strategic document that meets the Shire’s legislative obligations for the development of a local Public Health Plan as required by upcoming changes to the Public Health Act 2016 (the Act).

It is designed to guide an integrated health and wellbeing planning process for the purpose of protecting, promoting and enhancing the health, wellbeing and quality of life for the Esperance community.

The Act recognises that improving the health of a community requires collaborative action and embeds the requirements for public health planning at State and Local Government levels.

In line with the State Public Health Plan, the purpose of the plan is to protect, improve and promote public health and wellbeing for our community to reduce the incidence of preventable illness.

The Plan is an informing strategy to the Shire’s Strategic Community Plan and Corporate Business Plan. It establishes an integrated health and wellbeing planning process that fits into the Planning framework under the Local Government Act 1995. The Public Health Planning Guide for Local Government was used as a development tool.

Officer’s Comment

As Council would be aware, the Plan aims to identify the health and wellbeing needs of the community and establish priorities and strategies for a five year period, with a focus on the following key areas:

1. Healthy Active Lifestyle opportunities for all by informing and empowering individuals to make positive health choices which enhance their physical and mental wellbeing

2. A Safe and Protected Community by undertaking a range of actions and programs designed to provide safeguards to protect a person’s health from external sources in the built and natural environment to prevent disease.

3. An Inclusive, Resilient and Connected Community by providing a range of services and facilities designed to meet the community wellbeing needs by promoting and developing positive external factors to a person’s health.

The Plan includes performance measures and a reporting mechanism to evaluate its implementation over the first five years, which will then be followed by a review process.

The Act does not prescribe a mechanism for the adoption of the Public Health Plan, and given this fact, Officers considered a public consultation period appropriate.

On the 27April 2021 at the Ordinary Meeting of Council resolved to:

· Receive the Esperance Public Health Plan 2021-2026 and Summary document, and

· Undertake a 6 week public consultation period to seek comments from the community.

To elicit community feedback during the public consultation period, the plan was promoted through:

· the Shire’s social media and web pages;

· print media i.e. newspaper articles (Kalgoorlie Miner & Esperance Weekender; and

· email to identified stakeholder groups.

The public consultation period closed on the 9 July 2021. Five (5) submissions were received, a precis of these is provided below:

· Two (2) media organisations requesting further information regarding the plan;

· Esperance Ratepayers Association seeking clarification on the source of statistics used in the Public Health Plan, stating that the plan should not overlap with any Federal or West Australian State campaign rather be tailored to suit Esperance, causes of health issues, issues linked with the elderly, and a suggestion that public comment can be more valuable if an addendum is issued with the plans release; and,

· Two (2) key stakeholder groups acknowledging receipt their reading of the plan, provided positive feedback on the process used to generate the plan, the report content in the sense of its comprehensiveness and format, and looking forward continuing the positive relationship formed in the process to date.

Submissions in their entirety can be provided on request.

After careful consideration of all the feedback received, no amendments have been made to the draft Public Health Plan. It is the officer’s recommendation that the draft Esperance Public Health Plan 2021-2026 be endorsed.

Consultation

Council were briefed on this topic on 8th September 2020

Shire of Esperance Staff as discussed above

WA Department of Health

WA Country Health Services

Identified Stakeholders

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Part 5 of the Public Health Act 2016, which is yet to be enacted, will require all Local Governments to develop a local Public Health Plan, Part 5 will come into effect at stage 5 of the implementation of the Public Health Act 2016. The State Health Plan has been prepared by the Chief Health Officer and local governments can initiate the plan prior to the Act being amended. It is believed that stage 5 will require a Public Health Plan this year.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

Everyone has access to quality health facilities and educational opportunities

Facilitate improved access to health, welfare and education opportunities.

Corporate Business Plan 2020/21 – 2024/25

C2.3 Develop the Shire Public Health Plan

Environmental Considerations

Nil

Attachments

a ⇩.	Public Health Plan 2021-26 Summary
b ⇨.	Public Health Plan 2021-26 Full - Under Separate Cover

RECOMMENDATION AND DECISION

12.1.5 Shire of Esperance Public Heath Plan 2021-2026

Moved: Cr Piercey

Seconded: Cr Chambers

O0721-106

Council Resolution

That Council endorse the Esperance Public Health Plan 2021-2026 and Summary Document as attached.

CARRIED

F6 - A0

Contents

Contents. 2

Authority. 3

1 Administration. 3

1.1 Purpose. 3

1.2 Objectives. 3

1.3 Scope. 3

1.4 Definition. 3

1.5 Principles. 4

1.6 Level of Response. 4

1.7 Communication. 4

1.8 Testing and Review Process. 4

2 Community Context 5

2.1 Major Features. 5

2.2 Hazard and Risk Summary. 8

3 Delivery. 9

3.1 Context 9

3.2 Key Strategies and Actions. 9

Authority

The Shire of Esperance Adverse Event Plan has been prepared by the Shire of Esperance in response to the requirements of the Federal Government’s Drought Communities Programme.

This document responds to “Drought in Australia” Coordinator - General for Droughts advice on a Strategy for Drought Preparedness and Resilience.

The Plan was endorsed by Council on XXXX

1 Administration

1.1 Purpose

The purpose of the Shire of Esperance Adverse Events Plan is to provide detailed guidance for Council and the community to prepare for and manage adverse events that directly and indirectly affect the Esperance Shire district.

1.2 Objectives

The objectives of this Plan are to;

· Build community leadership, resilience and capacity to adapt and cope with chronic stresses and acute shocks caused by adverse events

· Identify key strategies and actions to be undertaken by Council and other relevant stakeholders, in order to prepare for and manage adverse events that affect the Esperance Shire district

· Standardise the approach of Council to meet the needs of the community in dealing with adverse events

1.3 Scope

The Plan describes the key strategies and actions at a local level to prevent, prepare for, respond to and recover from adverse events. These events may be occasions for which the Shire of Esperance has full or partial responsibility for or external events which are the responsibility of other agencies that may involve a commitment from the Shire or Council.

The Plan shall be considered in conjunction with other relevant Shire of Esperance plans and policies, including, but not limited to;

· Shire of Esperance Strategic Plan

· Shire of Esperance Risk Management Policy

· Shire of Esperance Local Emergency Management Arrangements (LEMA)

· Shire of Esperance Recovery Plan

· Risk Management Procedures

1.4 Definition

For the purpose of this Plan, an adverse event will be defined as an event or incident that has a negative impact on the wellbeing of the Esperance community

1.5 Principles

The following principles are applied to this Plan;

· Responsibility for preparation, response and recovery rests initially with the Local Government. If Local agencies and available resources are not sufficient assistance from State and Federal Government can be requested

· Control of adverse event response is conducted at the lowest effective level

1.6 Level of Response

The Shire of Esperance response will vary in relation to the adverse event depending on the;

· Seriousness of the event

· Number of people affected

· Risk exposure

· Financial impacts

· Media interest

· Involvement of other stakeholders

Therefore, the response to each adverse event should be proportionate to its scale, scope and complexity.

1.7 Communication

Communication in relation to any adverse event shall be in accordance with the Shire’s media policy. The Shire of Esperance will use a variety of available communication media to provide the community with relevant information in relation to the adverse event, including, but not limited to, print, radio, social media.

1.8 Testing and Review Process

The Shire of Esperance Local Emergency Management Committee (LEMC) will review this Plan every three (3) years, or following:

· Activation of the Plan in response to an adverse event;

· Legislative changes affecting the Plan; and/or

· Exercises conducted to test all or part of the Plan.

2 Community Context

2.1 Major Features

Shire of Esperance Profile

The Shire of Esperance encompasses over 43,000km² of land and is located on Western Australia’s South east coast, 725km from Perth, 400km south of Kalgoorlie and 500km east of Albany. The Shire’s boundaries extend from east of Munglinup through to Israelite Bay and north to Daniell Rail Siding.

The Shire of Esperance is bordered by the Shires of Dundas to the north, Ravensthorpe to west and the Southern Ocean to the south. The Shire incorporates the towns of Esperance, Cascade, Coomalbidgup, Gibson, Scaddan, Grass Patch, Salmon Gums and Condingup.

Agriculture makes up approx. 2,000,000 hectares of the land within the Shire of Esperance, with another 2,500,000 hectares being Unallocated Crown Land, 870,000 hectares being National Park and Nature Reserve and 3,000 hectare occupied by human settlement.

Major Roads

· Coolgardie-Esperance Highway (National Highway 1)

· South Coast Highway (National Highway 1)

Rail Routes

· North/South – Goldfields Line to Kalgoorlie

· Service provider – Pacific National and Aurizon Rail

Airport

· Esperance Airport (ESP) – Coolgardie–Esperance Highway, Gibson

· Coordinates – 33⁰41’04”S/121⁰49’22”E (Aerodrome Reference Point)

· Elevation – 471ft

· Runways

- 11/29 1800mt Asphalt

- 3/21 1178mt Gravel

· Service Provider – REX Airline

· Fuel - Avgas and Jet A1 available on site. 17,000lt – 50,000lt of each available at any one time.

· Water Capacity – 2 x 52,000 litre tanks for firefighting purposes, owned and managed by DPaW. Additional tank available (capacity unknown) with water pumped from nearby dam (capacity unknown)

· Hangars – 7, privately owned

Port

· Service Provider – Southern Ports Authority, Esperance Port

· Over 200 ships per year

· Export – over 10,000,000 tonne per year

- Minerals – Iron Ore, Nickel, Spodumene

- Grain – Wheat, Oats, Barley, Peas, Canola

- Woodchips

· Import

- Fuel

- Sulphur

- Fertiliser

Economy and Industry

· Agriculture

· Tourism

· Transport

· Services

· Education

- 9 Primary Schools (7 public, 2 private)

- 2 High Schools (1 public, 1 private)

- Agricultural School

- 2 Residential Colleges

- Wongutha CAPS - on site residential

- TAFE Campus

- Curtin University Campus

- Teen Challenge Drug Rehabilitation – on site residential

· Aged Care

- Esperance Home Care – in home aged care

- Esperance Residential Aged Care Facility

- 7 Independent living aged care communities

· Health

- Esperance District Hospital – 40 bed hospital offering emergency, obstetrics, medical, general, surgical, palliative care, pediatrics and psychiatric care. Inpatient care offered by visiting specialists.

Shire of Esperance

2.2 Hazard and Risk Summary

The Shire of Esperance Adverse Events Plan identifies the following hazards as having risk to cause loss of life, property, utilities, services and/or the community’s ability to function within its normal capacity. These hazards have been identified as having the potential to create an emergency, requiring a multi-agency emergency response.

Hazard	Risk Description	Likelihood Rating	Consequence Rating	Risk Priority	Hazard Management Agency
Bush Fire	Major fires in area of bush or grassland	Likely	Major	Extreme	SoE DFES DBCA
Urban Fire (Structural)	Fire in single residential, commercial, school, aged care facility, hotel etc	Possible	Major	High	DFES
Storm / Flood	Severe weather event (hail, wind, rain etc) causing damage and/or localized flooding	Likely	Major	Extreme	DFES
Earthquake	Earthquake of significant strength that results in localized or widespread damage	Rare	Major	High	DFES
Communicable Disease (Human)	Pandemic illness that affects, or has potential to affect, large portions of the local population	Possible	Moderate	High	Dept of Health

Hazardous Material Spill	HAZMAT released as a result of incident or accident	Possible	Moderate	High	DFES
Marine Incident incl. Oil Spill	Incident occurring at sea resulting in vessel sinking, oil spill, environmental impacts	Possible	Moderate	High	WAPol DoT SPA
Air Transport Emergency	Aircraft crash resulting in fatalities, injuries and/or damage to property	Possible	Major	High	WAPol
Transport Emergency (Rail)	Accident resulting in closure of rail routes for up to a week	Possible	Major	High	DFES WAPol
Utility Failure	Major failure of essential utilities for a length of time as a result of manmade or natural occurrence	Possible	Major	High	Horizon Power Water Corp

Legend: SoE – Shire of Esperance, DFES – Dept of Fire and Emergency Service, DBCA – Dept of Biodiversity, Conservation and Attractions, WAPol – West Australian Police, DoT – Dept of Transport, SPA – Southern Ports Authority

3 Delivery

3.1 Context

The key strategies and actions within the Shire of Esperance Adverse Events Plan respond to the objectives of the Plan to build community leadership capability and community resilience and capacity to adapt and cope with stresses, both personal and economic, associated with adverse events. Adverse events, such as bushfires, floods, drought and the like, affect businesses and communities. These events impact, primarily, upon the productivity and profitability of farming, which represents a large portion of the Esperance economy through production, export and employment.

When the farming industry experiences a downturn, local services and businesses suffer as less money is spent locally. This can lead to increases in unemployment, businesses closing down and people leaving smaller communities to access other opportunities.

Adverse events have significant social and environmental impacts. Stress affects health and wellbeing of the whole community. Farmland and natural areas can also become degraded as a result of these natural adverse events.

The Shire of Esperance Adverse Event Plan is intended to assist the Shire, Council and the wider community to prepare for adverse events and build resilience to the impacts of them.

The support of Federal and State Governments is essential to this process, as local governments alone, do not have the capacity to respond to the full extent required to prepare their communities for future events.

The outcome of understanding, planning and implementing key strategies is a stronger, resilient community and more robust local economy.

3.2 Key Strategies and Actions

The Shire of Esperance has identified the following key strategies and actions in order to prepare for and manage the effects of adverse events in the region. Many of the key actions have been identified within the Shire’s Strategic Plan and have been applied to the Federal Governments priorities framework.

Priority	Key Strategies and Actions
Council staff are trained and prepared to assist in managing the impacts of adverse events	Proactively lead the community through innovation and change - Support a culture of continuous improvement and innovation in our workforce
Council owned resources are well maintained to manage the impacts of adverse events on facilities	Ensure services, infrastructure and public places are aligned to community needs now and into the future - Provide effective and sustainable road and drainage infrastructure - Plan and act to ensure that communities and infrastructure are well prepared for natural disasters Maintain the Shire’s robust asset management practices and maintenance programs - Continuously review and update our asset management plan - Scheduled asset maintenance program - Continual review of asset management practices and guidelines
Stewardship of important natural resources	Develop community awareness of environmental opportunities, challenges and impacts - Provide educational programs to the community involving them in the protection of the environment Maintain and improve condition of natural assets and reserves sustainability taking into consideration recreational, environmental, cultural and economic values - Partner with groups on rehabilitation and research possibilities Develop and implement water reuse programs and infrastructure to optimize the efficient use and reuse of our water resources
Incentives for good practice	Lobby for increased capacity in the primary sector - Continue being the most innovative farming region in WA Facilitate knowledge sharing, marketing and network opportunities for local business Lobby for infrastructure and capacity necessary to support commercial and business growth with an emphasis on energy options, costs and communications
Improving planning and decision making	Review and align land use, strategic planning, local policies and infrastructure to support our local economy Work with key partners to represent and support all businesses and core industries Provide transparent and accountable leadership - Use robust policy and processes to support strong governance Actively engage and communicate with the community to ensure informed decision making - Seek information and strengthen relationships with representative service and community groups
Building community resilience	Create a social environment that is accessible and inclusive for all ages and abilities - Encourage a range of programs and services that promote community safety, health and wellbeing - Facilitate improved access to health and welfare programs and education opportunities in the community - Facilitate and promote events, arts, heritage and cultural activities for all ages and abilities - Encourage and support volunteers and community groups - Increase participation and engagement of youth in the community Develop and maintain a safe environment for the community - Educate and promote safety initiatives locally and in partnership with other agencies - Foster strong partnerships with local and state emergency response agencies Ensure local needs are reflected in State and Regional strategic plans Provide responsible resources and planning management for now and the future Encourage shared responsibility through an informed and inspired community - Highlight how community involvement has been utilized in decision making
Informing farmers, communities and government	Communicate information to the community efficiently and accurately utilizing various communication tools

Ordinary Council: Minutes

27 July 2021 Page 74

Item: 12.2.2

Urban Node Trial Review

Author/s	Dylan Gleave	Manager of Parks & Environment
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D21/22437

Applicant

Internal

Location/Address

Within the Esperance Central Business District (CBD)

Executive Summary

For Council to consider the community and stakeholder consultation relating to the urban node trial.

Recommendation in Brief

That Council:

1. Note the feedback received for the Urban Node Trial;

2. Request the CEO:

a. Investigate the design and implementation of permanent urban nodes at the Break Away Cafe and the new business 33 Degrees Esperance sites;

b. That future urban nodes are designed and integrated into public open space areas in the CBD; and

c. Remove the trial urban node outside Watt Lab.

Background

Council resolved on October 2019 to undertake an Urban Node Trial following the acceptance of the Esperance CBD Landscaping Concept Design and upgrading of the Esperance CBD.

The Urban Nodes are designed to create opportunities for Alfresco dining areas or public open space in front of restaurants, cafes and businesses through modifying the current parking layout.

The Urban Node Trial commenced in December 2019 for a period of six months and was due to end on 30 June 2020. Due to COVID-19 however the Trail was unable to be completed as a full trial as these non-essential businesses were forced to close to prevent the spread of the Corona Virus. Council resolved in June 2020 to extend the trial until April 2021 to ensure the nodes could be trailed and assessed effectively by the businesses involved and public.

In October and September 2020 it was brought to Councils attention via general public, social media and a business owners at the August Agenda Briefing Session that there were concerns with the node located in front of the French Hot Bread Shop. In September 2020 council resolved to remove the node at the French Hot Bread Shop and to undertake public and business consultation at the end of the Urban Node Trial.

The Shire undertook a Social Pinpoint Survey and direct contact Business Survey at the end of the Urban Node Trail. The Social Pinpoint Survey was promoted through social, local media, and the Shire Flyer; businesses in the CBD area were directly contacted and offered assistance completing the survey.

The online Social Pinpoint Survey asked questions and requested feedback on individual nodes and then the trial and concept in general. There was a good response for the online survey from the general public, in total there were 305 responses with an 87% completion rate.

With the direct contact Business Survey, 55 Local businesses in the CBD were contacted directly and given the opportunity to complete a survey and provide feedback directly to the shire on the trial. Shire officers also offered assistance with helping businesses to complete the survey or gather feedback directly from businesses. The Business Survey had a very poor response with only eight (8) local businesses providing a response.

The results of the social pinpoint survey and the business survey were distributed to the Streetscape Advisory group via email. The Streetscape Advisory group were requested to review and provide feedback on the survey results either by email or directly to the Manager of Parks and Environment.

Officer’s Comment

General public consultation was undertaken via a Social Pinpoint Survey, local businesses were directly targeted with a Business Survey identified above. The summary of the consultation feedback from both general public and local businesses is provided in the following section.

The urban node concept has merit if planned and executed as part of a broader streetscape and CBD revitalisation program, this is based on the nodes being implemented only as a trial and the trial nodes not remaining permanently.

Some urban nodes were successful in the trial and should potentially be considered to be developed further permanently. Some urban nodes in the trial did not work and should not be considered for further development. Urban Nodes should be considered further, as part of the broader implementation of the CBD Concept Plan and linked into public space areas in the CBD.

Some comments did not relate to the nodes directly; rather the broader CBD and parking and streetscape, these comments should be considered in the broader CBD Concept Plan implementation program rather than the review of the urban node trial.

The general view was most would like to see most urban nodes designed better and reconfigured as detailed below and include traffic safety be improved around the urban nodes.

Specific concerns raised in the feedback included:

· Lack of parking for elderly, people with a disability and people with small children

· Potential hazards

· Concerns over car fumes / privacy whilst using the nodes during the trial

· Minimal use of nodes during the trial

· Design of the nodes used in the trial

The consultation feedback focussed on some specific urban nodes such as the one in front of the French Hot Bread Shop, in reviewing the feedback and the trial it should be noted that this node was removed prior to the end of the trial based on feedback, potential conflict with traffic and parking and its design.

Overall positive feedback was received in regards to the use and functionality of the urban node installed at Break Away Café and the urban node installed in front of Ricardo’s Pizza and Anywhere Café. It is recommended that these urban nodes be further investigated at these sites and designed and implemented in consultation with Break Away Cafe and the new business 33 Degrees Esperance.

Feedback also suggest the integration of urban nodes into public open space areas in the CBD area and better use of footpath areas for alfresco dinning and business use.

It should be noted that the CBD Concept Design included incorporating urban nodes into public open space in the CBD and specific areas such as the node area at Break Away Café. In line with the CBD Concept Design it is recommended that any future urban nodes are designed further and implemented as part of the holistic CBD Concept Design and not specifically around businesses.

The Streetscape Advisory Committee were also asked for feedback on the Urban Node Trial, with the general consensus, that the Urban Nodes were a great idea, however they have been poorly executed. The Streetscape Advisory Committee feedback indicated that some urban nodes in the trial were successful and some clearly did not work. They concluded the concept would benefit from a more detailed node design and planning process before further implementation.

Consultation

The Shire undertook a Social Pinpoint Survey and direct contact Business Survey at the end of the Urban Node Trail. The Social Pinpoint Survey was promoted through social and local media, the Shire Flyer. Local businesses in the CBD area were directly contacted.

The Streetscape Advisory Committee were requested to provide feedback on the Urban Node Trial; they concluded the general consensus, that the Urban Nodes were a great idea, however they were poorly executed.

Discussions have been had with the new owner of Break Away Café and 33 Degrees whose Urban Nodes are proposed to be kept. They are both very supportive of keeping the Urban Nodes in these locations and integrating these public open spaces with their businesses.

Financial Implications

There will be minimal costs for the removal of the Urban Nodes installed as part of the trial. The potential design and installation of permanent Urban Nodes including fixed furniture and landscaping, could be incorporated into the future implementation of the Esperance CBD Landscaping Concept Design and Upgrade of the Esperance CBD. Any Urban Nodes directly involving businesses could be delivered in a cost sharing arrangement with the shire.

Asset Management Implications

Nil

Statutory Implications

Activities in Thorough Fares and Public Places and Trading Law.

Policy Implications

EXT013 – Outdoor Eating Facilities in Public Places

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Corporate Business Plan 2019/20 – 2022/23

B2.3 Implementation of CBD Street scaping

Environmental Considerations

Nil

Attachments

a ⇨.	Esperance Urban Node Trial - Community Social Pinpoint Survey Results - Under Separate Cover
b ⇩.	Esperance Urban Node Trial - Community Social Pinpoint Survey Answers
c ⇩.	Esperance Urban Node Trial - Business Survey Letter
d ⇩.	Esperance Urban Node Trial - Business Survey Responses

RECOMMENDATION AND DECISION

12.2.2 Urban Node Trial

Moved: Cr Obourne

Seconded: Cr Chambers

O0721-108

Council Resolution

That Council:

1. Note the feedback received for the Urban Node Trial;

2. Request the CEO:

a. Investigate the design and implementation of permanent urban nodes at the Break Away Cafe and the new business 33 Degrees Esperance sites;

b. That future urban nodes are designed and integrated into public open space areas in the CBD; and

c. Remove the trial urban node outside Watt Lab.

CARRIED

F4 – A2

(Against Cr Graham & Cr Piercey)

TOWN CENTRE REVITALISATION MASTER PLAN - IMPLEMENTATION

ESPERANCE CBD LANDSCAPE CONCEPT DESIGN

The Esperance CBD Landscape Concept Design was developed by H+H Architects to provide a consistent and integrated Landscaping design for the Esperance CBD that can be implemented over time.

The main objectives of the concept design were:

· Liven up the CBD

· Link the CBD to the Foreshore

· Using native plants and trees

· Working with the Norfolk Pine trees already in the CBD

· A consistent street furniture theme for the CBD

As part of the Concept Design it has been proposed to create “Urban Nodes” The Urban Nodes are designed to create opportunities for Alfresco dining areas or public open space in front of Restaurants and Cafes through modifying the parking layout.

The key benefits of the Urban Nodes are to:

· Promote vibrancy in the Town Center;

· Support local business;

· Enhance walkability; and

· Encourage pedestrian activity.

Have your say about outdoor dining

As we look to the next stage of the Esperance Town Centre Revitalisation, we want to hear from the local businesses and community and know your thoughts on the Urban Node Trial.

Your feedback will help us improve and extend the program so we can help create a more vibrant and welcoming down town experience. They survey is open for four weeks from 6 April 2021 closing 6 May 2021.

Please complete the attached survey and return to the Shire in the attached reply paid envelope. If you have any further queries in the interim, please do not hesitate to contact me on 08 9071 675.

Yours faithfully

Jeanette Appleby

Administration Supervisor, Asset Management

BUSINESS NAME:

BUSINESS ADDRESS:

If you require assistance to complete this survey, please contact Christiane Smith, Marking and Communications Officer, on 9071 0679 to arrange a time.

Does your business use an Urban Node?

Yes

If yes, which of the Urban Node options was adopted by your business?

Required

Outdoor footpath trading, including expansion to adjoining property’s footpath

Conversion of on-street carparking to outdoor dining

If no, which is the closest Urban Node to your business? (please circle)

Breakaway Café / Watt Lab / Riccardo’s Pizza / Esperance French Hot Bread Shop

Please tell us, how satisfied you are, with the Urban Nodes provided? (Please answer even if you reviewed the options but did not participate).

Required

Very Satisfied

Satisfied

Neither Satisfied nor Unsatisfied

Unsatisfied

Very Unsatisfied

Please let us know why. (Particularly if you were Unsatisfied or Very Unsatisfied)

Required

Did you contact Council to get more information on the use of Urban Nodes at any stage?

Required

Yes

After contacting us, did you get a better understanding of the Urban Nodes options than before?

Required

Yes

If you submitted an application Expression of Interest (EOI) to have an Urban Node how did you find the approval process?

Required

I did not submit an EOI

Very Good

Good

Neither good nor bad

Bad

Very Bad

What appealed to you or your business about using the Urban Node? (Please select all that apply)

Required

Expansion of customer seating

Alternate seating options for customers

Encourage foot traffic

Different retail opportunities

Nothing

Other (please specify)

Thinking about traffic, how safe do you feel your Urban Node arrangement is?

Required

Very Safe

Safe

Neither Safe nor Unsafe

Unsafe

Very Unsafe

Did you experience any of the following benefits of the Urban Node within COVID restrictions? (Please select all that apply)

Required

Increased business

Increased community support

Customers staying for a longer time

Additional open space

Places/spaces that were not used have now become active

None of the above

Did you experience any of the following negatives of the Urban Nodes? (Please select all that apply)

Required

Decreased business

Decreased community support

Customers staying for a shorter time

Not enough open space

Places/spaces being used for Outdoor Dining that should not be

None of the above

What else would you like to tell us about your experience the Urban Node Trail?

Required

In some cases, the Urban Node Trail has resulted in some reduced local car parking availability. In your opinion has this impact been:

Required

Positive

Negative

No impact

Other (please specify)

Did the Urban Nodes meet your expectations?

Yes

More Comments:

Please provide any other feedback and/or experiences you have with the Outdoor Dining program.

REVIEW & SUBMIT

Ordinary Council: Minutes

27 July 2021 Page 93

12.3 Corporate & Community Services

Item: 12.3.1

Committee Appointments - Reconciliation Action Plan Working Group

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Sarah Walsh	Coordinator Governance & Corporate Support

File Ref: D21/19796

Applicants

Dustin Hunter

Jennell Reynolds

Location/Address

N/A

Executive Summary

For Council to consider appointing representatives to fill vacancies on the Reconciliation Action Plan Working Group.

Recommendation in Brief

That Council appoints representatives to fill vacancies on the Reconciliation Action Plan Working Group as per the following table:

Committee	Nominee	Position
Reconciliation Action Plan Working Group	Dustin Hunter	Community Representative
Reconciliation Action Plan Working Group	Jennell Reynolds	Representative for the Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC)

Background

The previous ETNTAC Representative on the RAP Working Group, Annie Dabb, resigned this post recently. Nominations to vacant positions are welcome.

Jennell Reynolds has been a member of the RAP Working Group since January 2020 in the position of Deputy Representative for ETNTAC, and has now been nominated as the Representative for that organisation.

Officer’s Comment

With only three (3) Community Representatives on the Reconciliation Action Plan Working Group, a broader range of community input is desirable.

Mr Hunter’s nomination form does not specify the Council Committee he is nominating for so this was obtained separately.

It is recommended that Council appoint Mr Dustin Hunter’s nomination as a community representative to the Reconciliation Action Plan Working Group.

With the post of Representative for ETNTAC on the RAP Working Group vacant, Jennell Reynolds has been nominated for the position. As Jennell is currently the ETNTAC Deputy Representative, this post will be vacant, and is not expected to be filled in the short term.

Consultation

Esperance Tjaltjraak Native Title Aboriginal Corporation

Dustin Hunter

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 s5.10

Policy Implications

Shire of Esperance Terms of Reference

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Corporate Business Plan 2020/21 – 2024/25

Facilitate Councillors requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.	Representative Nomination - Jennell Reynolds - Esperance Tjaltjraak Native Title Aboriginal Corporation
b ⇩.	RAP Nomination Dustin Hunter

RECOMMENDATION AND DECISION

12.3.1 Committee Appointments – Reconciliation Action Plan Working Group

Moved: Cr Piercey

Seconded: Cr McMullen

O0721-109

Council Resolution

That Council appoints the following persons as Representatives to the Reconciliation Action Plan Working Group:

Committee	Nominee	Position
Reconciliation Action Plan Working Group	Dustin Hunter	Community Representative
Reconciliation Action Plan Working Group	Jennell Reynolds	Representative for the Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC)

CARRIED

F6 - A0

Ordinary Council: Minutes

27 July 2021 Page 151

Item: 12.3.4

Licence Request - Esperance Miniature Railway Society (Inc)

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Sarah Walsh	Coordinator Governance & Corporate Support

File Ref: D21/21876

Applicant

Esperance Miniature Railway Society (Inc)

Location/Address

Portion of Lot 1027 on Deposited Plan 31503, Reserve 28207, The Esplanade Esperance

Executive Summary

For Council to consider entering into a licence with the Esperance Miniature Railway Society (Inc) for Portion of Lot 1027 on Deposited Plan 31503, Reserve 28207, The Esplanade Esperance.

Recommendation in Brief

That Council enters into a licence with the Esperance Miniature Railway Society (Inc) for Portion of Lot 1027 on Deposited Plan 31503, Reserve 28207 The Esplanade Esperance.

Background

The Esperance Miniature Railway Society operates from a portion of the Adventureland Park site, which is located on a reserve managed by the Southern Ports Authority.

The Shire of Esperance hold a lease for the Adventureland Park area with Southern Ports Authority, with an expiry date of 17 March 2026 and an option to extend the lease for a further term of 10 years.

The Esperance Miniature Railway Society has operated from the Adventureland Park site on The Esplanade since at least the mid to late 1980s.

Currently there is a Management Plan in place for the Adventureland Park area between the Shire of Esperance and various parties, including the Esperance Miniature Railway Society (EMRS). The Management Plan includes provisions for maintenance and insurance of their infrastructure located on the site and is due to expire in 2021.

Officer’s Comment

Discussions with Shire Officers have determined there are compliance issues on site with the clock tower being uncertified due to the construction not being in accordance with the approved Building Licence. Deviations from the original plans include additional height and weight to the structure, inclusion of the bells and caryatids (statues) attached to the top section. This is currently in the process of being addressed by the Esperance Miniature Railway Society, who have engaged an engineer to provide advice in order to remediate the structure to achieve compliance and obtain an Occupancy Permit for the clock tower.

Discussion with Manager Parks and Reserves noted that the Management Plan is due to expire in 2021 and will likely be incorporated into the Public Open Space Strategy after this time. As such, it is recommended that the Shire enters into a licence with the EMRS to provide a written agreement detailing each party’s responsibilities with regard to the EMRS owned structures on the site.

A licence is considered to be the most appropriate arrangement as the EMRS do not have exclusive use of the area where the railway tracks are located.

This will be a land only licence as the EMRS owns the loco shed, clock tower and railway station buildings and railway tracks, bridges and tunnel located on the site. The proposed licence would cover the infrastructure owned by the EMRS only, not the entire park, and the Shire cannot offer a term longer than that of the head lease held with the Southern Ports Authority.

Consultation

Esperance Miniature Railway Society

Coordinator Environmental Health

Coordinator Building Services

Compliance Officer

Manager Development and Statutory Services

Executive Management Team

Manager Parks and Reserves

Financial Implications

Annual licence of $110 Inc GST

Licence preparation of $130 Inc GST

Asset Management Implications

Nil – All infrastructure located on the licence area is the responsibility of the Esperance Miniature Railway Society.

Statutory Implications

Local Government Act 1995 – s.3.58 Disposal of Property

Local Government (Functions and General) Regulations 1996 – r.30(2) Dispositions of Property Excluded from Act s.3.58

Land Administration Act 1997 – s.18 Crown Land Transactions that need Minister’s Approval

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport, recreation, arts and cultural activities that can be pursued by all

Facilitate and support sport, recreation, arts and cultural activities

Corporate Business Plan 2020/21 – 2024/25

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Esperance Miniature Railway Society request for licence

RECOMMENDATION AND DECISION

12.3.4 Licence Request – Esperance Miniature Railway Society (Inc)

Moved: Cr Obourne

Seconded: Cr McMullen

O0721-112

Council Resolution

That Council, subject to Southern Ports Authority approval;

1. Licence portion of Lot 1027 on Deposited Plan 31503, Reserve 28207, The Esplanade Esperance, to the Esperance Miniature Railway Society (Inc);

2. Term of the licence to be from 1 August 2021 to 17 March 2026, with an option to extend for a further term of 10 years, subject to the Head Lease option being approved;

3. Charge an annual Licence fee of $110 Inc GST;

4. Charge a Licence preparation fee of $130 Inc GST; and

5. All licence terms and conditions to be as per Council’s standard Sporting and Community Group Licence.

CARRIED

F6 - A0

Ordinary Council: Minutes

27 July 2021 Page 156

Item: 12.3.5

Lease Renewal - Esperance Cycling Club

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Sarah Walsh	Coordinator Governance & Corporate Support

File Ref: D21/22319

Applicant

Esperance Cycling Club

Location/Address

Portion of Reserve 27626, Lot 64 Thompson Street West Beach.

Executive Summary

For Council to consider renewing the lease over portion of Reserve 27626 Lot 64 Thompson Street West Beach to the Esperance Cycling Club.

Recommendation in Brief

That Council agrees to renew the lease over portion of Reserve 27626 Lot 64 Thompson Street West Beach to the Esperance Cycling Club.

Background

The Esperance Cycling Club was a newly formed group when they began leasing this area in 2014. The Club currently has approximately 30 members with growing community interest.

During their tenure the Club has cleared the regrowth that occurred following the departure of the Department of Defence, restored and maintained the area to a safe and useable standard. However, the velodrome surface has begun to deteriorate due to its age. Consequently events are currently unable to be held on site due to the current condition of the existing velodrome.

The Club has secured federal sports grant funding to upgrade the facility and are in discussions with the Shire’s Asset Management team determine the best way forward. There have been delays in progress due the COVID-19 pandemic.

The current lease is due to expire at the end of August 2021 and the Club has requested to renew their lease for 12 months with three further term options of 12 months each.

Officer’s Comment

Throughout the Cycling Club’s tenure, there have been no issues raised in regard to the Club’s use of the area and offered their support to the Esperance Bay Remote Control Car Club when they expressed their interest in leasing the area adjacent to the Cycling Club’s lease area.

The club is required to provide portable ablutions for any events it holds as there is not a permanent ablution block on the site.

Discussion with relevant Officers has determined that there are no issues which would prevent the proposal from being approved at the site.

Consultation

Esperance Cycling Club

Manager Strategic Planning and Land Projects

Manager Parks & Environment

Coordinator Environmental Health

Compliance Officer

Financial Implications

Lease preparation fee $130 Inc GST

Annual lease fee $110 Inc GST

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997 – Section 18 Crown land transactions that need Minister’s approval

Local Government Act 1995 – Section 9.49A Execution of Documents

Local Government Act – s3.58 Disposing of Property

Local Government (Functions and General) Regulations 1996 – r.30(2)(e) Dispositions of property excluded from Act s.3.58

Policy Implications

COR004 Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport and recreation opportunities and activities

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

Corporate Business Plan 2021/22 – 2024/25

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Lease Request - Esperance Cycling Club

RECOMMENDATION AND DECISION

12.3.5 Lease Renewal – Esperance Cycling Club

Moved: Cr Graham

Seconded: Cr Piercey

O0721-113

Council Resolution

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

1. Lease portion of Reserve 27626, Lot 64 Thompson Street West Beach to the Esperance Cycling Club;

2. The term of the lease being 12 months, with three (3) further term options of 12 months each;

3. The annual lease fee being $110.00 Inc GST;

4. A lease preparation fee of $130.00 Inc GST; and

5. The club ensuring appropriate ablution facilities are made available for events held at the site.

CARRIED

F6 - A0

Ordinary Council: Minutes

27 July 2021 Page 161

Item: 12.3.6

Rates Exemption Application

Author/s	Tania Hourn	Senior Rates Officer
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/21935

Applicant

DM Stewart Pty Ltd on behalf of Aunty Joan’s Dolly Mix Incorporated.

Location/Address

104 Dempster Street, Esperance, WA 6450

Executive Summary

For Council to consider granting a rates exemption under Section 6.26(2)(g) of the Local Government Act 1995 (WA) ‘land used exclusively for charitable purposes’ at 104 Dempster Street (Assessment 4671) used by Aunty Joan’s Dolly Mix Incorporated.

Recommendation in Brief

That Council grant a rates exemption under Section 6.26(2)(g) of the Local Government Act 1995 (WA) from 1 July 2021 for 104 Dempster Street in the name of DM Stewart Pty Ltd.

Background

An application for a rates exemption has been received from Helen Rose Raine (Associate/Director for Aunty Joan’s Dolly Mix Inc) (Attachment A) for Council to consider a rates exemption for 104 Dempster Street, Esperance. Aunty Joan’s is registered by the Australian Charites and Not-for-profit Commission and are operating as a doll museum since 7 April 2020.

The associates of this organisation are all family members of the late Joan Stewart whose doll collection is on display for public viewing as a doll museum. Associates include:

· Mrs Helen Rose Raine

· Mr Andrew Murray Stewart

· Mr Duncan Mackenzie Stewart and

· Mr John Ernest Stewart.

The building Located at 104 Dempster Street, Esperance is used exclusively for the purpose of the doll museum. There is no formal entry fee to this ‘museum’. There is a gold coin donation incentive in place. All donations are used to operate the museum. Goldfields Individual & Family Support Agency (GIFSA) also provide personnel to assist operations during opening hours.

It should be noted that any rate exemption only applies to the rates and waste rate portion of the rates notice. Charges such as the rubbish service and ESL are still due and payable.

Officer’s Comment

Section 6.26(2)(g) of the Local Government Act provides that ‘land used exclusively for charitable purposes’ is not ratable by local government.

Mere ownership of land by a charitable organisation does not in itself bring that land within the scope of Section 6.26(g). It is only where the use of the land is for a charitable purpose that the sub-section applies.In this instance Aunty Joan’s Dolly Mix Inc. are using the land at 104 Dempster Street solely for the purpose of their not-for-profit organisation providing the late Mrs Joan Stewarts doll collection for the public to view.

The application has been supported with the following;-

1. Completed application for rates exemption

2. Certified Australian Charities and Not-for profits Commission (Attachment B)

3. Details of ABN

4. Certificate of Incorporation (Attachment C)

It is therefore recommended that the Shire grants a rates exemption status for DM Stewart Pty Ltd under Section 6.26(2)(g) of the Local Government Act 1995 (WA) for the property located at 104 Dempster Street, Esperance form 1 July 2021 until such a time that their circumstances change.

Consultation

Information received from the applicant.

Local Government Act 1995 (WA).

Financial Implications

The Calculated rates for 2021/22 financial year amount to $2,506.95 and $80 for waste rate.

Rubbish collection and ESL charges will remain due and payable.

Asset Management Implications

Nil

Statutory Implications

Section 6.26(2)(g) of the Local Government Act 1995 (WA)

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future.

Corporate Business Plan 2020/21 – 2024/25

4.5.15 Manage Financial Service

Environmental Considerations

Nil

Attachments

a ⇩.	Application
b ⇩.	ACNC
c ⇩.	Certificate of Incorporation

RECOMMENDATION AND DECISION

12.3.6 Rates Exemption Application

MOTION

Moved: Cr McMullen

Seconded: Cr Obourne

That Council grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 (WA) from 1 July 2021 for 104 Dempster Street in the name of DM Stewart Pty Ltd.

AMENDMENT

Moved: Cr Piercey

Seconded: Cr Obourne

That Council grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 (WA) from 1 July 2021 for 104 Dempster Street in the name of DM Stewart Pty Ltd for such time as the usage remains a charitable purpose.

CARRIED

F6 - A0

The amendment became the substantive motion..

O0721-114

Council Resolution

That Council grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 (WA) from 1 July 2021 for 104 Dempster Street in the name of DM Stewart Pty Ltd for such time as the usage remains a charitable purpose.

CARRIED

F6 - A0

Reason: Council wanted to ensure the exemption is only valid for as long as the business usage remains a charitable purpose.

Ordinary Council: Minutes

27 July 2021 Page 253

13. Reports Of Committees

Nil

14. Motions of which Notice has been Given

Nil

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Nil

16. Urgent Business Approved by Decision

17. Matters behind Closed Doors

Officer’s Comment:

It is recommended that the meeting is behind closed doors for the following items, in accordance with section 5.23(2) of the Local Government Act 1995.

Dr Nieukerke, Ms Phillips, Mrs Hosking & Mrs Grant left the Chamber at 4.48pm and did not return.

Moving behind closed doors

Moved: Cr Graham

Seconded: Cr Piercey

O0721-116

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 Outstanding Rates - Take Possession of Land on Assessment 19448

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 Outstanding Rates - Take Possession of Land on Assessments 117226, 117713 & 117739.

17.3 Air BP Airfield Representative Agreement

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)).

CARRIED

F6 - A0

17.1 Outstanding Rates - Take Possession of Land on Assessment 19448

Moved: Cr Chambers

Seconded: Cr Obourne

O0721-117

Council Resolution

That Council

1. Notes the Property Seizure and Sale Order on the land auction has been unsuccessful, as the reserve amount was not met.

2. Resolve to exercise its power of sale under Section 6.64 of the Local Government Act 1995 (WA) over land for assessment 19448 noting that the Shire has attempted to recover the outstanding rates by commencing proceedings in the Magistrates Court of WA under Section 6.56 of the Local Government Act 1995 (WA) and enforcement proceedings under the Civil Judgements Enforcement Act 2004 (WA).

3. Agrees to take possession of the land in accordance with Section 6.64 of the Local Government Act.

4. Appoints Cloud Payment Group to act on behalf of the Shire to Take Possession.

5. Delegate the proceedings of sale to the CEO.

CARRIED

F6 - A0

17.2 Outstanding Rates - Take Possession of Land on Assessments 117226, 117713 & 117739

Moved: Cr Graham

Seconded: Cr McMullen

O0721-118

Council Resolution

That Council

1. Resolves to exercise its power under Section 6.64 of the Local Government Act 1995 (WA) over land for Assessments 117226, 117713 & 117739 and take possession of the land with the intent to sell, as rates remain unpaid for a period of more than 3 years.

2. Appoints Cloud Payment Group to act on behalf of the Shire to take possession of the land.

3. Delegate the proceedings of sale to the CEO.

CARRIED

F6 - A0

17.3 Air BP Airfield Representative Agreement

Moved: Cr Obourne

Seconded: Cr Graham

O0721-119

Council Resolution

That Council

1. Enter into an Airfield Representative Agreement with a commencement date of no earlier than 1 September 2021,

2. Request the CEO to review the AR Agreement in July 2022, having regard to the timing of provision by Air BP of a mobile into plane refuelling method,

3. Alter the Reporting Officer Fees within the Fees and Charges for 2021/22 to also include Refueling callouts (RFDS exempt), and

4. Include the figures within the 2021/22 Budget as indicated in the table in Financial Implications.

CARRIED

F6 - A0

Coming from behind closed doors

Moved: Cr McMullen

Seconded: Cr Chambers

O0721-120

That the meeting come from behind closed doors.

CARRIED

F6 - A0

18. PUBLIC QUESTION TIME

Nil

19. CLOSURE

The President declared the meeting closed at 5.01pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

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

Dated_____________________

a ⇩.	Information Bulletin - June 2021
b ⇩.	Corporate Performance Report - June 2021
c ⇩.	Delegations Discharge - Corporate Resources - Quarterly
d ⇩.	WALGA Quarterly Overview Report
e ⇩.	Correspondence - Hon Dave Kelly MLA
f ⇩.	Outstanding Resolutions - Quarterly Report

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

Author/s	Sofie Hawke	Trainee Administration Assistant - Executive Services
Authorisor/s	Shane Burge	Chief Executive Officer