Agenda of Ordinary Council

Ordinary Council: Agenda

24 August 2021 Page 4

Disclosure of Interests

Notes for Your Guidance

Impact of a Financial Interest (s. 5.65. & s. 67. Local Government Act 1995)

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a. In a written notice given to the Chief Executive Officer before the Meeting or;

b. At the Meeting immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

a. Preside at the part of the Meeting relating to the matter or;

b. Participate in, or be present during, any discussion or decision making procedure relative to the matter, unless and to the extent that, the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Interests Affecting Financial Interest

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1. A Financial Interest, pursuant to s. 5.60A or 5.61 of the Local Government Act 1995, requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious etc, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.

4. If in doubt declare.

5. As stated if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed. Under s. 5.65 of the Local Government Act 1995 failure to notify carries a penalty of $10 000 or imprisonment for 2 years.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act 1995; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act 1955, with or without conditions.

Interests Affecting Proximity (s. 5.60b Local Government Act 1995)

1. For the purposes of this subdivision, a person has a proximity interest, pursuant to s.5.60B of the Local Government Act 1995, in a matter if the matter concerns;

a proposed change to a planning scheme affecting land that adjoins the person’s land; or
a proposed change to the zoning or use of land that adjoins the person’s land; or
a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2. In this section, land (the proposal land) adjoins a person’s land if;

The proposal land, not being a thoroughfare, has a common boundary with the person’s land; or
The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or
The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3. In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Interests Affecting Impartiality

Definition: An interest, pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a. In a written notice given to the Chief Executive Officers before the Meeting or;

b. At the Meeting, immediately before the matter is discussed

Impact of an Impartiality disClosure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

Ordinary Council: Agenda

24 August 2021 Page 13

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 24 August 2021

COMMENCING AT 4pm

1. OFFICIAL OPENING

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.

2. ATTENDANCE

Members

Cr I Mickel, AM JP President Rural Ward

Cr B Parker Deputy President Rural Ward

Cr J O’Donnell Town 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

Mrs H Phillips Director External Services

Mrs F Baxter Director Corporate & Community Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss A McArthur Executive Assistant

Miss S Hawke Trainee Administration Assistant – Executive Services

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 27 July 2021, and the Special Council Meeting of the 3 August 2021 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

	Agenda Briefing Sessions (22)	Ordinary Council Meetings (22)	Special Council Meetings (10)	Annual Electors Meeting (2)
Shire President Cr Ian Mickel	22	22	10	2
Deputy President Cr Basil Parker	19	18	7	2
Cr Jo-Anne O’Donnell	21	20	8	2
Cr Steve McMullen	19	21	10	2
Cr Jennifer Obourne	21	21	9	2
Cr Ron Chambers	19	22	8	2
Cr Dale Piercey	15	19	8	2
Cr Wes Graham	21	21	9	2

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Shire of Esperance Climate Change Declaration

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

File Ref: D21/6777

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider adopting a Climate Change Declaration.

Recommendation in Brief

That Council endorse the Climate Change Declaration.

Background

On the 20^th September 2019 a number of community members marched through the Esperance CBD in support of a global climate strike held around the world. At the end of this March letters were posted to Federal, State and Local Government to raise awareness of climate change concerns and encouraging government to actively head towards a more sustainable future.

As a result of this action, the Shire of Esperance received some 54 letters requesting the Shire:

1. Sign up to the Cities Power Partnership; and

2. The Shire Council actively advocate for 100% renewable energy target for Esperance

As a consequence of this the Shire signed up to the Cities Power Partnership and Council at its June 2020 Ordinary Meeting of Council resolved (O0620-194) the following 5 pledges:

That Council endorse the following five (5) pledges to be forwarded to the City Power Partnership:

1. Renewable Energy – Install renewable energy (solar PV and battery storage) on Council Buildings;

2. Energy Efficiency – Adopt best practice energy efficiency measures across all council buildings, and support community facilities to adopt these measures;

3. Sustainable Transport – Ensure Council fleet purchases meet strict greenhouse gas emissions requirements and support the uptake of electric vehicles;

4 Sustainable Transport – Support cycling through the provision of adequate cycle lanes, bike parking and end-of-ride facilities;

5. Work Together and Influence – Develop procurement policy to ensure that the practices of contractors and financiers align with the council’s renewable energy, energy efficiency and sustainable transport goals.

It is now proposed for Council to adopt a Climate Change Declaration.

Officer’s Comment

Under the United Nations Framework Convention on Climate Change, Australia is a signatory to the Paris Agreement which aims to limit global temperature rises to well below two (2) degrees Celsius, and to pursue efforts to limit even further to 1.5 degrees Celsius.

The Government of Western has recently released its greenhouse gas emissions policy for major projects assessed by the Environmental Protection Authority (EPA), as the state government commits to working with all sectors of the WA economy to achieve net zero greenhouse gas emissions by 2050.

In light of the absence of State and Federal policy and legislation regarding potential climate change, Western Australia Local Government Association (WALGA) developed a WALGA Climate Change Policy statement (2018) that states:

Local Government acknowledges:

I. The science is clear: climate change is occurring and greenhouse gas emissions from human activities are the dominant cause.

II. Climate change threatens human societies and the Earth’s ecosystems.

III. Urgent action is required to reduce emissions, and to adapt to the impacts from climate change that are now unavoidable.

IV. A failure to adequately address this climate change emergency places an unacceptable burden on future generations.

Local Government is committed to addressing climate change.

Local Government is calling for:

I. Strong climate change action, leadership and coordination at all levels of government.

II. Effective and adequately funded Commonwealth and State Government climate change policies and programs.

The Declaration is consistent with the pledges made for the Cities Power Partnership. Indeed on the WALGA continuum for the Primary Action Area the Climate Change Declaration is generally the first action that is followed by joining the Cities Power Partnership.

The Declaration recognises that climate change is occurring, and that climate change will continue to have a significant effect on the Western Australia environment, society and economy.

It acknowledges the central role of Local Government in driving a successful climate response. It declares that the Shire is committed to addressing climate change within our Local Government area, through the implementation of mitigation and adaptation strategies to minimise the effects on our community, environment and economy.

Our overall objectives are to demonstrate climate leadership/reduce our corporate emissions and build the resilience of our Shire to climate change.

Presently, 45 Western Australian local governments representing 78% of Western Australia’s population have endorsed a climate change declaration.

Consultation

Sustainability Working Group

WALGA - WALGA encourages all Local Governments to become signatories of the Declaration, which will further support WALGA to advocate for the appropriate funding and development of legislative mechanisms to support Local Government climate change management.

Financial Implications

Any actions that result from the commitments in the Climate Change Declaration which incur a direct cost to the Shire will be undertaken within existing budget and/or external grant funding sought, or prioritised through future budgets.

Asset Management Implications

N/A

Statutory Implications

The responsibility for Local Governments’ to mitigate the impacts of climate change is reflected in the Local Government Act 1995 (WA):

“In carrying out its functions a Local Government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity. (Section 1.3(3))”.

Policy Implications

Future policy will be prepared consistent with the Climate Change Declaration as well as the Pledges made for the Cities Power Partnership.

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that values and protects our natural environment

Raise awareness and increase education on environmental issues.

N3 Become a champion community for renewable energy and minimal resource consumption

Corporate Business Plan 2020/21 – 2023/24

N1 Raise awareness and increase education on environmental issues

N3 Build capacity, educate and encourage the community to self-manage minimising resource consumption

Environmental Considerations

The Declaration is related to Climate Change.

Attachments

a ⇩.

Draft Climate Change Declaration

Officer’s Recommendation

That Council endorse the Climate Change Declaration.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 22

Shire of Esperance

Climate Change Declaration

Image: Kalbarri Gorge (Source: WALGA)

Image: Carnarvon Blowholes (Source: WALGA)

Introduction

Climate change is having, and will continue to have, significant effects on the Western Australian environment, society and economy, with impacts felt at the Local Government level. The Shire of Esperance acknowledges that human behaviours, pollution and consumption patterns have both immediate and future impacts on the climate and environment, and that as a Local Government it is part of our role to mitigate and manage these impacts on our community.

This Declaration establishes our position on climate change, and outlines our commitments to addressing climate change, which are further expanded upon in our Strategic Community Plan 2017 – 2027, Corporate Business Plan 2020-2024. This is further supported by Council’s support of the Cities Power Partnership and the five pledges that were adopted at the June 2020 Ordinary Meeting of Council as follows:

1. Renewable Energy – Install renewable energy (solar PV and battery storage) on Council Buildings;

2. Energy Efficiency – Adopt best practice energy efficiency measures across all council buildings, and support community facilities to adopt these measures;

3. Sustainable Transport – Ensure Council fleet purchases meet strict greenhouse gas emissions requirements and support the uptake of electric vehicles;

4. Sustainable Transport – Support cycling through the provision of adequate cycle lanes, bike parking and end-of-ride facilities; and

The Shire of Esperance supports the environmental, social and economic benefits of addressing climate change immediately. We see an opportunity for Local Government to demonstrate leadership in climate change management at a community level and support the development of equitable and implementable State and Commonwealth strategies for climate change management.

Declaration

The Shire of Esperance recognises that climate change is occurring, and that climate change will continue to have a significant effect on the Western Australia environment, society and economy.

We acknowledge the central role of Local Government in driving a successful climate response. Hence, we declare that we are committed to addressing climate change within our Local Government area, through the implementation of mitigation and adaptation strategies to minimise the effects on our community, environment and economy.

Our overall objectives are to demonstrate climate leadership/reduce our corporate emissions and build the resilience of our Shire to climate change.

Background

International scientific consensus is that climate change is occurring, and that it is driven by anthropogenic causes, with human activities having a profound impact on the concentration of greenhouse gas emissions since the start of the industrial revolution. Ultimately, these activities, such as the burning of fossil fuels, land clearing and agriculture, have increased greenhouse gas concentrations in the atmosphere, leading to changes in the climate system.

For the Shire of Esperance projected changes to our climate in the future include:

· Further increase in temperatures, with more extremely hot days and fewer extremely cool days;

· More heat waves that will be longer and hotter;

· More frequent, extensive, intensive and longer‐lasting marine heatwaves;

· Increased risk of coastal erosion from sea level rise and more intensive storm events.

· Further warming and acidification of the oceans;

· A decrease in cool‐season rainfall across southern Australia, including the southwest of WA;

· More frequent, longer and more intense droughts across southern Australia;

· More intense heavy rainfall throughout Australia, particularly for short‐duration extreme rainfall events (storms);

· An increase in the number of high fire weather danger days and a longer fire season for southern and eastern Australia; and

· Through a combination of many of these impacts, changes to biodiversity including increased species extinction.

These changes have the potential to impact our environment, assets and infrastructure in our Local Government area, and the health, safety and wellbeing of our people. We therefore need to plan for, and adapt to, these changes to ensure our Shire remains a resilient and vibrant area.

Role of Government

As a signatory to the Paris Agreement under the United Nations Framework Convention on Climate Change and the United Nations Sustainable Development Goals, Australia has committed to taking action on climate change.

The Paris Agreement recognises the importance of engagement at all levels of government. As such, the management of climate-change risks in Australia is spread across the three tiers of government: Commonwealth, State and Territory, and Local.

The responsibility for Local Governments’ to mitigate the impacts of climate change is reflected in the Local Government Act 1995 (WA):

As a Local Government our key responsibilities include administering relevant legislation to promote adaptation, mitigating climate risks and impacts to our community and assets as well as the delivery of our services to our community, collaborating with other Local Governments and with State and Territory Governments to manage regional impacts, and the facilitation of resilience building and adaptive capability in our local community.

Progress to Date

In order to respond to the impacts of climate change, the Shire of Esperance has taken action by:

· Retrofitting all Shire buildings with LED lighting reducing emissions from electricity;

· Partnered with GVROC to convert all street lights to LED;

· Installing photovoltaic cells on Shire Buildings including the administration building and Bay of Isles Leisure Centre;

· Preparing the Esperance Coastal Hazard and Vulnerability Assessment;

· Preparing a Coastal Hazard Adaptation Strategy;

· Establishing a Sustainability Working Group

Commitments

The Shire of Esperance commits from the date of signing to:

· Set an appropriate emissions reduction target and work towards its achievement.

· Encourage and empower the local community and local businesses to reduce their greenhouse gas emissions and to adapt to the impacts of climate change.

· Support WALGA to work with State and Federal Government to ensure achievement of greenhouse gas emissions reduction targets as set out in key National and International agreements.

· Support WALGA to work with State and Federal Government to implement key actions and activities for climate change management at a local level.

· Develop and implement a Corporate and Community Adaptation Action Plan and Climate Change Policy.

· Assess the locally specific risks associated with climate change and implications for our services, and identify areas where appropriate mitigation and/or adaptation strategies should be developed and implemented.

· Ensure that, at appropriate review intervals, our Corporate and Community Adaptation Action Plan is reviewed and amended to incorporate the latest climate science, and to reflect the climate change management priorities and progress achieved to date.

· Monitor the progress of our adaptation and/or mitigation actions and communicate our achievements to the Council and Community.

Signatures

Text Box: Signed:
Shire President - Shire of Esperance

Date:

Text Box: Signed:

President - Western Australian Local Government Association

Date:

Climate Change Declaration Certificate

· The Climate Change Declaration Certificate is a shortened version of the Local Government’s Climate Change Declaration and is intended to be displayed by the Local Government to demonstrate its commitment to climate action.

· The Climate Change Declaration Certificate template (below) can be edited and used by Local Governments or emailed to WALGA’s Environment Policy team (environment@walga.asn.au) to be formatted into an A3 size certificate. WALGA’s Climate Change Declaration certificate will display both the Local Government and WALGA logos and be framed by WALGA for the Local Government to display.

· Please ensure that an electronic or scanned copy of the Mayor/Shire President’s signature is included in the Word document copy before sending to WALGA. If using the Certificate template within the Local Government only, remove the signature line for WALGA President.

· WALGA will cover the cost of producing the framed certificate.

Figure 2: Process for obtaining a Climate Change Declaration Certificate from WALGA.

The Climate Change Declaration Certificate template begins on the next page.

Local Governments may choose to copy and paste the following pages into a new document before sending to WALGA’s Environment Policy team to create a Climate Change Declaration Certificate or to use for internal purposes.

Climate Change Declaration

· The Shire of Esperance acknowledges that:

· Evidence shows that climate change is occurring;

· Climate change will continue to have significant effects on the Western Australian environment, society and economy, and the Local Government sector.

· Human behaviours, pollution and consumption patterns have both immediate and future impacts on the climate and environment.

· As a Local Government, it is part of our role to mitigate and manage the impacts of climate change on our community.

The Shire of Esperance supports the:

· Environmental, social and economic benefits of addressing climate change immediately.

· Opportunity for Local Government to demonstrate leadership in climate change management at a community level.

· Development of equitable and implementable State and Commonwealth strategies for climate change management.

The Shire of Esperance commits from date of signing to:

· Set an appropriate emissions reduction target and work towards its achievement.

· Encourage and empower the local community and local businesses to reduce their greenhouse gas emissions and to adapt to the impacts of climate change.

· Support WALGA to work with State and Federal Government to ensure achievement of greenhouse gas emissions reduction targets as set out in key National and International agreements.

· Support WALGA to work with State and Federal Government to implement key actions and activities for climate change management at a local level.

· Develop and implement a Corporate and Community Adaptation Action Plan and Climate Change Policy.

· Monitor the progress of our adaptation and/or mitigation actions and communicate our achievements to the Council and Community.

Text Box: Signed:

Shire President - Shire of Esperance

Date:

Text Box: Signed:

President - Western Australian Local Government Association

Date:

Ordinary Council: Agenda

24 August 2021 Page 23

Item: 12.1.2

Local Planning Scheme No. 24 - Amendment No. 7

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

File Ref: D21/22554

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider draft Amendment No. 7 for approval subject to modifications as a result of the public exhibition that was undertaken.

Recommendation in Brief

In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 7 with proposed modifications to address issues raised in the submissions.

Background

Amendment No. 7 was initiated by Council at its Ordinary Council Meeting on March 2021 under resolution number O0321-067.

The amendment is now brought back for Council consideration after advertising.

Officer’s Comment

In accordance with Planning and Development (Local Planning Schemes) Regulations 2015, Local Planning Scheme No. 24 (LPS 24) Amendment No. 7 (Attachment A) was referred to the Environmental Protection Authority (EPA) for a determination to be made under Section 48A of the Environmental Protection Act 1986.

The EPA advised the Shire of Esperance via letter dated 6 May 2021 that after consideration of the LPS 24 Amendment No. 7 documentation, the proposed scheme amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations on the Scheme Amendment.

Upon receiving the advice from the EPA, LPS 24 Amendment No. 7 was advertised for public comment in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The advertising was commenced on 21 May 2021 and closed on 9 July 2021 being a period of 49 days.

Modifications are proposed to the amendment as a result of the advertising and are outlined in the Schedule of Submissions (Attachment C).

The process that this Scheme Amendment follows and where this application currently sits in the process are shown at Attachment D.

Consultation

Upon receiving the advice from the EPA, LPS 24 Amendment No. 4 was advertised for public comment in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The advertising was commenced on 21 May 2021 and closed on 9 July 2021 being a period of 49 days. Advertising consisted of:

· Advertising notice in the Kalgoorlie Minor – 21 May 2021;

· Notices on the Shires public information boards;

· Amendment documentation being available via the Shire of Esperance’s website; and

· Referral letters to government departments and servicing agencies.

At the close of the advertising period a total of twenty one (21) submissions were received. Copies of all submission can be found at Attachment B. All submissions received have been addressed in the Schedule of Submissions (Attachment C).

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning

Policy Implications

Local Planning Strategy

Government Sewerage Policy

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇨.	Local Planning Scheme No. 24 Amendment No. 7 - Under Separate Cover
b ⇨.	Submissions - Under Separate Cover
c ⇩.	Schedule of Submissions
d ⇩.	Scheme Amendment Flow Chart

Officer’s Recommendation

That Council in accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 7 with the proposed modifications to address issues raised in the submissions:

1. Amending the Scheme by inserting a new point iii) to SCA 11. (d) as follows:

‘(iii) Suitable provision for an adequate onsite effluent disposal area is to be accommodated where development is not connected to a reticulated sewerage system. For on-site wastewater disposal systems to be approved, the site capability needs to be demonstrated to comply with the Government Sewerage Policy 2019, via a winter 'site-and-soil evaluation' (SSE) in accordance with Australian Standard 1547 (AS/NZS 1547).’

2. Amend the Scheme by inserting a new clause in Schedule 1 as follows:

‘39. Mosquito Nuisance Notification.

(a) The mosquito nuisance area is defined as all land within 5km of the Lake Warden Wetland System as defined in the Lake Warden Wetland System (LWWS), Esperance Initial Environmental Impact Assessment by the then Department of Environment and Conservation 1 July 2008.

(b) At the subdivision stage the Western Australian Planning Commission may impose a condition requiring the subdivider to make arrangements with the Commission for a notification in accordance with Section 165 of the Planning and Development Act 2005 to be deposited which will inform lot owners and prospective purchasers of the potential mosquito risk.

(c) The local government will impose a condition on its development approval for any habitable building as defined in Clause 78A of the Deemed Provisions requiring a Section 70A notification under the Transfer of Land Act 1893 stating ”The subject land occasionally experiences considerable problems with nuisance and disease carrying mosquitoes. These mosquitoes are known carriers of Ross River (RRV) and Barmah Forest (BFV) viruses. Human cases of RRV and BFV diseases occur in some years in this general locality.”’

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

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A25

Lots 1, 27-29, 41 - 44 and 63 Shark Lake Road, Monjingup

Rural Smallholdings

As a ‘D’ use:

· Grouped dwelling

As an ‘A’ use:

· Workforce accommodation

The local government may grant approval for a grouped dwelling so that the total number of dwellings (excluding and ancillary dwelling) does not exceed two.

4. Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 35

SCHEDULE OF SUBMISSIONS – LOCAL PLANNING SCHEME NO. 24

AMENDMENT No. 7

No	Submittors Details	Description of Affected Property	Submission Comments	Planning Services Comments
1	Stephanie Carpenter 2 Lange Way NULSEN WA 6450	Lot 2 (167) Pink Lake Road, Pink Lake	1. Supports the inclusion of the Additional use on the affected property.	1. Note
2	Mae Connelly 10 Ormonde Street, CASTLETOWN WA 6450	Lot 2 (167) Pink Lake Road, Pink Lake	1. Supports the inclusion of the Additional use on the affected property.	1. Note
3	Megan Davies waznmeg@bigpond.net.au	Lot 2 (167) Pink Lake Road, Pink Lake	1. Supports the inclusion of the Additional use on the affected property.	1. Note
4	Dr Jeff Power Jeff.power1@gmail.com	Lot 2 (167) Pink Lake Road, Pink Lake	1. Supports the inclusion of the Additional use on the affected property.	1. Note
5	Fiona and Matt Shillington Esperance Chalet Village info@esperancechaletvillage.com.au	Lot 2 (167) Pink Lake Road, Pink Lake	1. Support the inclusion of the Additional use on the affected property.	1. Note
6	Renae Ratcliffe PO Box 1105 ESPERANCE WA 6450	Lot 2 (167) Pink Lake Road, Pink Lake	1. Supports the inclusion of the Additional use on the affected property.	1. Note
7	Land Management Central Department of Planning, Lands and Heritage 140 William Street PERTH WA 6000	N/A	1. No Objection to the proposed Local Planning Scheme No. 24 Amendment No. 7	1. Note
8	Department of Mines, Industry Regulation and Safety Locked Bag 100 EAST PERTH WA 6892		1. Reviewed the LPS 24 Amendment 7 with respect to mineral and petroleum resources, geothermal energy, and basic raw materials. 2. This amendment will require a statutory reservation of land from Department of Planning, Lands and Heritage (DPLH). Under an Operational Agreement between DMIRS and DPLH, proposals for conservation reservation (among others) are referred to DMIRS for comment and/or approval. 3. It is unclear whether these tenement holders have been consulted by the Shire and agree to have the nominated areas converted from Rural to Environmental Conservation which would restrict access for exploration. DMIRS recommends that the Shire contact these tenement holders prior to commencing the statutory change via DPLH 4. Noting the above, DMIRS has no objections to LPS 24 amendment 7.	1. Note 2. Dismiss This amendment changes the planning framework only it does not make any statutory changes to the reservation of land from Department of Planning, Lands and Heritage. 3. Note Tenement holders have been contacted an afforded an opportunity to comment on the Amendment. 4. Note
9	Regional Services Department of Transport Unit 4/35 Brookman Street, KALGOORLIE WA 6430	N/A	1. No Comment	1. Note
10	Bernadette Dixon hillcroft2@bigpond.com	Lot 2 (167) Pink Lake Road, Pink Lake	1. Supports the inclusion of the Additional use on the affected property.	1. Note
11	Tiffany Brown PO Box 1171, ESPERANCE WA 6450	Lot 2 (167) Pink Lake Road, Pink Lake	1. Supports the inclusion of the Additional use on the affected property.	1. Note
12	Water Corporation land.planning@watercorporation.com.au	N/A	1. The proposed changes to the Scheme do not appear to affect Water Corporation assets. If our assets are affected, future developers may be required to fund new works or the upgrading of existing works and protection of all works.	1. Note
13	Dino Capelli cassandracapelli@bigpond.com	Twilight Beach Road	1. Supports amendment No. 7 – Point 7 relating to front set-backs on Twilight Beach Road.	1. Note
14	Department of Biodiversity, Conservation and Attractions 120 Albany Highway ALBANY WA 6330	N/A	1. No Comments	1. Note
15	Department of Health PO Box 8172 Perth Business Centre WA 6849	N/A	1. Suitable provision for an adequate onsite effluent disposal area is to be accommodated in any planning approval. For on-site wastewater disposal systems to be approved, the site capability needs to be demonstrated to comply with the Government Sewerage Policy 2019, via a winter 'site-and-soil evaluation' (SSE) in accordance with Australian Standard 1547 (AS/NZS 1547). 2. The subject land is in a region that occasionally experiences considerable problems with nuisance and disease carrying mosquitoes. These mosquitoes can disperse several kilometres from breeding sites and are known carriers of Ross River (RRV) and Barmah Forest (BFV) viruses. Human cases of RRV and BFV diseases occur in some years in this general locality, with the 2020/21 season recording 16 RRV cases. To protect the health and lifestyle of communities, it is the recommendation of the DOH that land use planning decisions include consideration of the proximity to breeding habitat of mosquitoes and whether mosquito management, if required, will be effective and appropriately resourced into the future. Mosquito breeding sites may be either natural wetlands or constructed water bodies. For this reason, careful planning and consideration must be given to the design and location of 'liveable communities' and social infrastructure, such that there are buffer zones between water bodies and developments that reflect mosquito dispersal distances.	(a) Uphold Amend the Scheme by inserting a new point iii) to SCA 11. (d) as follows: (iii) Suitable provision for an adequate onsite effluent disposal area is to be accommodated where development is not connected to a reticulated sewerage system. For on-site wastewater disposal systems to be approved, the site capability needs to be demonstrated to comply with the Government Sewerage Policy 2019, via a winter 'site-and-soil evaluation' (SSE) in accordance with Australian Standard 1547 (AS/NZS 1547). (b) Uphold Amend the Scheme by inserting a new clause in Schedule 1 as follows: ‘39. Mosquito Nuisance Notification. (a) The mosquito nuisance area is defined as all land within 5km of the Lake Warden Wetland System as defined in the Lake Warden Wetland System (LWWS), Esperance Initial Environmental Impact Assessment by the then Department of Environment and Conservation 1 July 2008. (b) At the subdivision stage the Western Australian Planning Commission may impose a condition requiring the subdivider to make arrangements with the Commission for a notification in accordance with Section 165 of the Planning and Development Act 2005 to be deposited which will inform lot owners and prospective purchasers of the potential mosquito risk. (c) The local government will impose a condition on its development approval for any habitable building as defined in Clause 78A of the Deemed Provisions requiring a Section 70A notification under the Transfer of Land Act 1893 stating ”The subject land occasionally experiences considerable problems with nuisance and disease carrying mosquitoes. These mosquitoes are known carriers of Ross River (RRV) and Barmah Forest (BFV) viruses. Human cases of RRV and BFV diseases occur in some years in this general locality.”’
16	Department of Primary Industries and Regional Development Locked Bag 4 Bentley Delivery Centre WA 6983	N/A	1. No objection	1. Note
17	Main Road Western Australia PO Box 99 Kalgoorlie WA 6433	N/A	1. No comment	1. Note
18	Ken & Megan Warren megken@westnet.com.au	Lot 2 (167) Pink Lake Road, Pink Lake	1. Supports the inclusion of the Additional use on the affected property.	1. Note
19	Department of Education 151 Royal Street East Perth WA 6450	N/A	1. Modification No.2 The Department notes that a 'Commercial Vehicle Parking' use has the potential to adversely impact a number of existing and planned public school sites which adjoin 'Residential' and 'Rural Townsite' zoned land under LPS24. Notwithstanding this, the Department is satisfied that any potential conflicts between such a use and a school site can be suitably addressed through the development application process. 2. Modification No. 9 One public primary school site is generally required for every 1,500 dwellings in accordance with the requirements of the Western Australian Planning Commission's Operational Policy 2.4 – Planning for School Sites. The Department notes that the proposed modification to Clause 8 of Schedule 1 would have the potential to deliver approximately 2,200 additional dwellings on 'Rural' zoned lots within the Shire which may trigger the requirement for an additional public primary school site. Notwithstanding this, the Department acknowledges that the proposed modification is likely to deliver a relatively low dwelling yield in the short to medium term future. Preliminary analysis indicates that the resultant student yield will be negligible and the enrolment capacities of the existing and planned public schools will not be compromised.	1. Note 2. Note
20	Department of Water and Environmental Regulation PO Box 525 ALBANY WA 6331	N/A	1. No objection to any of the modifications to the Zoning and Land Use Table 2. No objection to Modification 9 – additional dwellings in the Rural zone 3. The Government Sewerage Policy (GSP) supports refining of the Sewerage Sensitive Area (SSA) groundwater mapping. The policy states that the DPLH mapping is indicative – “The sewage sensitive boundaries may be refined through higher resolution mapping in accordance with the definitions above”. 4. Consistent with previous DWER advice provided regarding Amendment 4 (letter dated 7 January 2019), criteria of the GSP should be applied in relation to SSA mapping on the scheme map. Modified SSA mapping to the north of the Lake Warden Wetland System (LWWS) within the scheme map is supported as the buffer remains in accordance with the criteria as an additionally identified area sensitive to sewage, however, the 1 km up-groundwater gradient buffer to the south of the LWWS should be maintained. This is because currently, groundwater flow back to Pink Lake extends beyond 1 km to the lake. 5. DWER requests shape files for the Shire’s modified SSA mapping be provided following further changes to the SCA. 6. Schedule 3 – A8 supported 7. Schedule 2 – A16 supported 8. Part of the Industrial Development zone (729) is within the P3 area and potentially up-groundwater gradient of Water Corporation Production Bore WHPZs. Based on a check of WIN data DWER holds there are no DWER or Water Corporation monitoring bores located within the POS reserve although a Water Corporation bore ‘Exploratory 8’ is shown on the boundary.	1. Note 2. Note 3. Note 4. Dismiss – the comments on Amendment 4 noted that that there was a low risk of excluding the modified areas from the sewerage sensitive area. The boundary proposed is the result of The Analysis of Surficial Ground Water Landscapes and Hydrological Pathways linking the Ramsar Listed Lake Warden Wetlands by Tilo Massenbauer. 5. Note 6. Note 7. Note 8. Note
21	Corey Johnson 8 Frank Freeman Drive BANDY CREEK WA 6450	Lots 1, 27-29, 41-44 and 63 Shark Lake Road, Monjingup	1. As owner of Lot 63 Shark Lake Road, Monjingup, requests the addition of the land use 'Workforce Accommodation' as part of Amendment 7 to Shire of Esperance Local Planning Scheme No. 24 to Lot 63 Shark Lake Road and to all lots zoned Rural Smallholdings which front onto Shark Lake Road including Lots 27 to 29, 41 to 44 and Lot 1. This additional land use is requested to assist with housing workforce for nearby farms and the Shark Lake Industrial Park.	1. Uphold Amend the Scheme by inserting a new clause in Schedule 3 as follows: No. A25 Location: Lots 1, 27-29, 41 - 44 and 63 Shark Lake Road, Monjingup Base Zone: Rural Smallholdings Additional Use(s): As a ‘D’ use: · Grouped dwelling As an ‘A’ use: · Workforce accommodation Development Standards/Conditions The local government may grant approval for a grouped dwelling so that the total number of dwellings (excluding and ancillary dwelling) does not exceed two.

Ordinary Council: Agenda

24 August 2021 Page 37

Item: 12.1.3

Local Planning Policy - Blue Haven and Second Beach Development

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

File Ref: D21/25576

Applicant

Internal

Location/Address

Blue Haven and Second Beach Areas also shown as SCA7 in Local Planning Scheme No. 24.

Executive Summary

For Council to consider proceeding with a Local Planning Policy namely the Local Planning Policy – Blue Haven and Second Development (Attachment A)

Recommendation in Brief

That Council in accordance with Clause 4(3) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) proceed with the ‘Local Planning Policy – Blue Haven and Second Development’ without modification as per Attachment A.

Background

Council at its June 2021 Ordinary Meeting of Council resolved (O0621-138):

That Council in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) Local Planning Policy – Blue Haven and Second Development as contained in Attachment A.

The draft policy was advertised and is now brought back to Council to proceed without any modification.

Officer’s Comment

The objective of the proposed Local Planning Policy – Blue Haven and Second Development is:

· To provide development control within the area known as the Blue Haven Second Beach Development Area.

The Blue Haven and Second Beach area is located within a Special Control Area (SCA 7) which provides a range of development requirements. This Local Planning Policy provides a consistent approach in how the Scheme provisions are interpreted within the area known as the Blue Haven Second Beach Development Area.

One submission (Attachment B) was received after the closure of the advertising period. This did not result in any recommended changes to the policy and as such no amendment to the advertised policy are proposed.

Consultation

A briefing session was held on the 25 May 2021 where the draft Local Planning Policy was discussed.

The Policy was advertised in accordance with Clauses 4.(1) and (2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 in the Esperance Weekender between the 9 July 2021 and the 30 July 2021 being 21 days. A notice was also published on the Shire of Esperance webpage.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2

Planning and Development Act 2005

Policy Implications

This item relates to policy development.

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 Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Corporate Business Plan 2020/21 – 2024/25

Built Environment

B3.3 Update and Implement Local Planning Scheme and Policies

Environmental Considerations

Nil

Attachments

a ⇩.	Local Planning Policy - Blue Haven Second Beach Development
b ⇩.	Submission
c ⇩.	Schedule of Submissions

Officer’s Recommendation

That Council in accordance with Clause 4(3) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) proceed with the ‘Local Planning Policy – Blue Haven and Second Development’ without modification as per Attachment A.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 50

Item: 12.1.4

Accommodation in a Caravan Policy

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

File Ref: D21/25809

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider adopting the proposed Policy EXT New: Accommodation in a Caravan.

Recommendation in Brief

That Council adopt Policy EXT New: Accommodation in a Caravan.

Background

The Caravan Parks and Camping Grounds Regulations 1997 provides options for camping on a site that is not a caravan park or camping ground.

A person may camp for up to 3 nights in any period of 28 consecutive days on land which he or she owns or has a legal right to occupy.

Written approval may be given for a person to camp on land for a period specified in the approval which is longer than 3 nights may be given by the local government of the district where the land is situated, if such approval will not result in the land being camped on for longer than 3 months in any period of 12 months.

Written approval may be given for a person to camp on land for a period not longer than 12 consecutive months if the person owns or has a legal right to occupy the land and is to camp in a caravan on the land while a permit has effect in relation to the land.

Officer’s Comment

The proposed Council Policy – Accommodation in a Caravan (Attachment A) provides a refinement of the approach required by the Caravan Parks and Camping Grounds Regulations 1997. It expands on the permissibility of the use whilst still being consistent with the provisions of the Caravan Parks and Camping Grounds Regulations 1997.

The proposed approach is to:

1. Allow the use of a caravan for no more than 6 weeks on a site with an existing dwelling is permitted so long as the consent of the person owns or has a legal right to occupy the land is given.

2. Allow the use of a caravan for no more than 3 months on a site with an existing dwelling is permitted so long as the consent of the person owns or has a legal right to occupy the land is given and an Application Approval to Camp Other Than at a Caravan Park is lodged and approved (this is the current practice).

3. Allow the use of a caravan for no more than one (1) year as Temporary Caravan Accommodation where there is a current building permit for the construction of a dwelling on the property. This use is only permitted in the ‘Rural’, ‘Rural Residential’ and ‘Rural Smallholdings’ zone and is requires Development Approval to be granted by the Shire.

It should be noted that Council previously had a policy that was rescinded dealing with temporary accommodation. That policy allowed temporary accommodation to be developed in an outbuilding which was contrary to Planning and Building regulation. This policy addresses the issues with the previous policy by utilising the provisions of the Caravan Parks and Camping Grounds Regulations 1997.

Consultation

External Services – Statutory Division

Financial Implications

This policy will reduce the administrative burden placed on local government to ensure that a caravan is only occupied for no more than 3 nights in any period of 28 days on land which he or she owns or has a legal right to occupy.

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 – s2.7(2)(b) Determine Local Government’s policies

Caravan Parks and Camping Grounds Regulations 1997 – Cl11 Camping other than at caravan park or camping ground

Policy Implications

This item relates to Policy development

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Corporate Business Plan 2020/21 – 2024/25

Built Environment

B3.3 Update and Implement Local Planning Scheme and Policies

Environmental Considerations

N/A

Attachments

a ⇩.

Draft Policy EXT New: Accommodation in a Caravan

Officer’s Recommendation

That Council adopt Policy EXT New: Accommodation in a Caravan.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 55

Item: 12.1.5

Development Application - Oversized Outbuilding (Shed) - Lot 899 (15) Frederick Street, Sinclair

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

File Ref: D21/26107

Applicant

Wrinkly Tin and Cladding Co on behalf of C I Ditchburn

Location/Address

Lot 889 (15) Frederick Street, Sinclair

Executive Summary

For Council to consider Development Application 10.2021.4716.1 for an Oversized Outbuilding (Shed) at Lot 889 (15) Frederick Street, Sinclair.

Recommendation in Brief

That Council approve Development Application 10.2021.4716.1 for an Oversized Outbuilding (Shed) at Lot 889 (15) Frederick Street, Sinclair subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed) at Lot 889 (15) Frederick Street, Sinclair was received by Planning Services on 24 June 2021.

Lot 889 (15) Frederick Street, Sinclair is zoned ‘Residential’ R20 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.

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 81 square metres of new Outbuilding to be constructed on the property with approximately 63 square metres already existing (and to be retained) for a total of approximately 144 square metres of Outbuildings, where Council has permitted a maximum of 100 square metres (100 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 4.993 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 81 square metres on a property which will result in the area of Outbuildings on the site of approximately 144 square metres.

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 (100 square metres) of Outbuildings permitted in the Residential zone as well as the 25% maximum variation criteria which would permit up to 125 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 4.993 metres proposed.

The applicants justification for the proposed Outbuilding (Shed) is to house a large boat.

The officers recommendation is for approval of the proposed Outbuilding (Shed) as the location of the proposed outbuilding alongside the existing shed on the property and adjacent to an existing shed on the rear property at S/L 2 (8B) Ocean Street, Sinclair which will assist in reducing impact on the streetscape and surrounding locality.

Consultation

The application was referred to adjoining landowners for three weeks from 25 June 2021 to 13 July 2021.

No submissions or objections were received during this period.

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

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

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.

Plans

Officer’s Recommendation

That Council approve Development Application 10.2021.4716.1 for an Oversized Outbuilding (Shed) at Lot 889 (15) Frederick Street, Sinclair subject to the following conditions:

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

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.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 63

Item: 12.1.6

Development Application - Consulting Rooms - Lot 545 (24) Dempster Street, Esperance

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

File Ref: D21/26215

Applicant

Lionel Trotman on behalf of M Elliot and E Cooper.

Location/Address

Lot 545 (24) Dempster Street, Esperance.

Executive Summary

For Council to consider Development Application 10.2021.4729.1 for Consulting Rooms at Lot 545 (24) Dempster Street, Esperance.

Recommendation in Brief

That Council approve Development Application 10.2021.4729.1 for Consulting Rooms at Lot 545 (24) Dempster Street, Esperance subject to conditions.

Background

An application for development approval was received by Planning Services on 7 July 2021 for the change of use of the existing dwelling at Lot 545 (24) Dempster Street, Esperance to consulting rooms for use by two chiropractors. Included in the proposed works would be the conversion of the front and rear yards to car parking, along with sealing of car parking and accesses and the containment of stormwater to the property.

Consulting Rooms is an ‘A’ use as per the provisions of Local Planning Scheme No. 24 (LPS 24). An ‘A’ use means that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the deemed provisions.

The application was subsequently referred to the adjoining landowners for comment in accordance with the Shire’s Advertising Schedule, with advertising occurring between 14 July 2021 and 4 August 2021. Two objections were received from adjoining landowners.

Due to the objections received, the application is put to Council for determination.

Officer’s Comment

Lot 545 (24) Dempster Street, Esperance is zoned Residential R40 with Additional Use 6. It is further affected by Special Control Area 9 – Coastal Inundation and Erosion zone. In this area Consulting Rooms is designated as an ‘A’ land use and requires advertising as per the provisions of Local Planning Scheme No. 24.

In accordance with Local Planning Scheme No. 24, Consulting Rooms is defined as follows:

Consulting Rooms means premises used by no more than 2 health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care;

Information provided indicates that the proposed Consulting Rooms will only employ three people, two health practitioners and a receptionist, complying with this definition.

While ten car parking bays are provided, it is unlikely that all will be in use at any one time as the chiropractors can only handle one person each at a time. Vehicle movements are thus likely to be limited. However discussion must include the access easement being used to access the rear of Lot 545 (24) Dempster Street, Esperance.

This easement (shown as ‘A’ in the above diagram) is registered on the property titles of both the subject land and adjoining property Lot 544 (26) Dempster Street for the benefit of Lot 545 (24) Dempster Street as a right of carriageway to access Lot 545. It can only be removed with the consent of both sets of landowners, and may require the consent of any other body with an interest in the land, such as the bank of someone who holds a mortgage on one of the properties.

The proposal will not result in the use of an essential service greater than that normally required by a single dwelling.

Three objections were received from adjoining and nearby landowners on the following grounds:

Objection:	Planning Comment:
New Business in the Residential/Tourist zone. This proposal completely changes the use of this building, from a dwelling to a business	Noted. The land use ‘Consulting Rooms’ was permitted under previous Local Planning Scheme No. 22 and 23, and as such could have considered on the property as far back as 2010 (when LPS 23 came into effect) and potentially as far back as 1991 (when LPS 22 came into effect). While Planning Services does acknowledge that Consulting Rooms and Medical Centre are unusual land uses in the area, there has also been previous cases for such land uses being approved in the zone and area. The dentist at Lot 1 (8) Dempster Street, Esperance is an example of this.
Alternative premises could be more appropriately used.	The only proposal that can be assessed is the one currently before Council.
Vehicle access via narrow easement	Noted. The access easement for the benefit of Lot 545 (24) Dempster Street is 3 metres wide. This is wide enough to permit access by a single vehicle travelling in one direction, but is not wide enough to allow for two-way traffic.
Impact on views	Noted. Unfortunately there is no consideration given for impact on views as a result of passing vehicles under Planning Legislation.
Impact from traffic.	Noted. It is acknowledged that there will be some form of impact from traffic travelling to and from the property, particularly via the easement. The applicant is intending to install a traffic management system to reduce conflict between vehicles entering and exiting and also will assist with safety of pedestrians. The application was referred to Asset Management due to safety concerns with their comments worked into the application, however Planning Services does acknowledge that increased traffic also causes increased risk.
Asbestos concerns in the existing building.	Noted. Any removal of asbestos will need to be done by an appropriately qualified and licensed contractor.
Lack of Privacy	Noted. Unfortunately there is no consideration given for impact on privacy from commercial business under Planning Legislation only from other residential dwellings.
Impact on property value	This is not a valid planning consideration.

The applicant and the landowner also provided their own letters of justification for the proposal on 6 August 2021.

The applicant (Lionel Trotman) indicates that the large number of car parking bays is to appease the local planning scheme and does not reflect the business requirements. Planning Services acknowledges that car parking requirements for consulting rooms may be higher than necessary in this instance, however the applicant did not ask for a reduction in car parking provision. Mr Trotman further goes on to explain that this isn’t a public car park, that they expect the front entrance along Dempster Street to be heavily used by persons with limited mobility which makes up a large proportion of the customer base.

Mr Trotman further goes on to explain that they are looking to install an electronic traffic management system and to limit vehicle speed to 5kph to assist with vehicle and pedestrian safety, as well as volunteering to erect a fence on the western side of the property if it would assist in ameliorating some of the objectors concerns.

The justification supplied by Dr Evelyn Cooper goes on to explain that the proposal is relatively low impact and that they intention is not to impact on the adjoining landowners.

It is noted that Amendment 7 to Local Planning Scheme No. 24 is currently in its last stages prior to being gazetted and coming into effect. One of the changes proposed in Amendment 7, and previously supported by Council, was to insert Consulting Rooms with the land use permissibility a ‘D’ use in the Additional Use 6 (A6) area which included the subject land. The difference between a Medical Centre (currently a ‘D’ use in the A6 area) and Consulting Rooms, is that a Medical Centre can have three or more health care practitioners at any one time, while Consulting Rooms is limited to two.

It is also noted that ‘D’ or ‘Discretionary’ land uses do not possess mandatory advertising requirements, and as such if the proposal had included one additional health practitioner, the application would not have required advertising to adjoining landowners and likely would have been approved under delegated authority.

Reasons for recommendation

· The proposed use meets the definition of consulting rooms which means premises used by no more than 2 health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care;

· The land use is an ‘A’ use means that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the deemed provisions;

· The proposal is consistent with the objectives for the Residential zone which states to provide for a range of non-residential uses, which are compatible with and complementary to residential development.

· The proposed Consulting Rooms, at the indicated level of operation, will be a relatively low impact Consulting Rooms well suited to a residential area; and

· Expansion (i.e. additional therapists) of the business will either require a return to commercial premises due to it exceeding the maximum therapists for a consulting room or a change of use to a full Medical Centre land use.

Consultation

In accordance with Councils advertising schedule, the application was referred to the adjoining landowners between 14 July 2021 and 4 August 2021.

Three objections were received as part of the application.

Financial Implications

Application Fees totalling $295.00 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

Policy Implications

Nil

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 ⇩.	Floor Plans and Elevations
b ⇩.	Revised Site Plan showing Traffic Management System
c ⇩.	Submissions
d ⇩.	Applicants Justification
e ⇩.	Landowners Justification

Officer’s Recommendation

That Council approve Development Application 10.2021.4729.1 for Consulting Rooms at Lot 545 (24) Dempster Street, Esperance subject to the following conditions:

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

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

3) The approved consulting rooms must not cause injury to or prejudicially affect the amenity of the neighbourhood.

4) The approved consulting rooms shall not employ more than two health specialists.

5) The approved consulting rooms must not display a sign exceeding 0.2 square metres in area.

6) The approved consulting rooms must not require the provision of any essential service main of a greater capacity than normally required in the zone in which it is located.

7) A minimum of ten (10) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

8) Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

9) All car parking areas and access ways shall be maintained for their stated purpose at all times and shall not be used for display or general storage purposes.

10) All delivery vehicles must be located entirely on the site during loading and unloading of goods associated with the use of the site.

11) All stormwater and drainage run off is to be retained on-site to the satisfaction of the Shire of Esperance unless otherwise agreed upon by the Shire of Esperance.

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

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

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

15) Any asbestos containing material either to be removed, or damaged as part of the implementation of the Consulting Rooms, is to be removed and appropriately disposed of by a licensed asbestos contractor.

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

17) A Section 70A Notification under the Transfer of Land Act 1893 (as amended) must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and successors in title that:

VULNERABLE COASTAL AREA - This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

The Section 70A Notification is to be registered on the Certificate of Title prior to the commencement of use, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant's/owner's expense.

18) 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.

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 prior to any works commencing on-site.

2) The development is to comply with the National Construction Code, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995

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

4) 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.

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 81

12.2 Asset Management

Item: 12.2.1

Esperance Tanker Jetty Timber Policy

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/22313

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider adopting a new policy regarding the disposal of Esperance Tanker Jetty Timber.

Recommendation in Brief

That Council:

1. Adopt policy ASS New: Esperance Tanker Jetty Timber;

2. All proceeds from the sale on the Esperance Tanker Jetty Timber to go into the Jetty Reserve;

3. Create a new class of fees for the Esperance Tanker Jetty Timber - Grade 3; and

4. Give public notice of the new fees for Esperance Tanker Jetty Timber - Grade 3 identifying that they will commence from 30 August 2021.

Background

Now that the new replacement Esperance Jetty has been opened, it is timely that the Shire consider what will happen to the historic Esperance Tanker Jetty timber salvaged as part of the deconstruction.

The timber has been graded, with only grades one to three remaining, as all grade four timber were donated to Esperance Men in Sheds. The following table is the current quantities of timber available.

	Grade 1	Grade 2	Grade 3
1935 pile	40	0	0
toe rail	115	0	0
deck plank	250	969	348
single stringer	0	0	144
double stringer	18	45	89
single corbel	17	122	0
double corbel	61	0	0
half cap	0	96	60

At the March Ordinary Council Meeting, Council resolved the following motion:

That Council;

2. Request the CEO to develop a process for potential uses of the remaining Historic Esperance Tanker Jetty Timber for Council’s consideration.

Officer’s Comment

The attached draft new policy ASS New: Esperance Tanker Jetty Timber is presented to Council for consideration on how to distribute the historic timber to the community ensuring that the higher quality timber will be used for community projects. Council may wish to consider changing thresholds or quantities referenced in the policy to make sure they align with community expectation.

Consultation

Council had a workshop on the 25^th May 2021 regarding the remaining Tanker Jetty Timbers and further workshops on the policy on the 20^th July 2021 and 3^rd August 2021.

Financial Implications

If Council adopt the policy to sell grade three Esperance Tanker Jetty timbers to the general public, it is proposed that all proceeds from the sale would go in to the Esperance Jetty Reserve to be used to the upkeep of the new Esperance Jetty.

Asset Management Implications

Nil

Statutory Implications

Disposal of timber over an estimated value of $20,000 to an individual or group would require the Shire to dispose of the timber as per the requirements of the Local Government Act, most likely by public notice. This would only be required if significant volumes of timer are being requested by a single individual or single group.

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Environmental Considerations

Nil

Attachments

a ⇩.	ASS New: Esperance Tanker Jetty Timber
b ⇩.	H+H Architects - Tanker Jetty Timber Grading Matrix

Officer’s Recommendation

That Council:

1. Adopt policy ASS New: Esperance Tanker Jetty Timber;

2. All proceeds from the sale on the Esperance Tanker Jetty Timber to go into the Jetty Reserve;

3. Create a new class of fees for the Esperance Tanker Jetty Timber - Grade 3 as follows:

a. Deck plank $50 GST Inclusive;

b. Single stringer $300 GST Inclusive;

c. Double stringer $600 GST Inclusive;

d. Half cap $300 GST Inclusive;

4. Give public notice of the new fees for Esperance Tanker Jetty Timber - Grade 3 identifying that they will commence from 30 August 2021.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

24 August 2021 Page 88

Item: 12.2.2

St Germain Avenue Traffic

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/23228

Applicant

St Germain Residents

Location/Address

St Germain Avenue, Castletown

Executive Summary

For Council to consider options in relation to St Germain Avenue traffic petition.

Recommendation in Brief

That Council request the Chief Executive Officer to:

1. Develop the St Germain Avenue traffic calming concepts, in consultation with the effected abutting residents, for future budget consideration; and

2. Request Main Roads to consider installing a 50km/h sign at the entry to St Germain Avenue from Goldfields Road.

Background

At the February 2021 Ordinary Council Meeting, Council resolved the following motion in response to the petition regarding St Germain Avenue, the petition is included in attachment A.

That Council:

1. Receive the petition entitled St Germain Avenue, Castletown; and

2. Request the CEO investigate options for Council consideration.

Following this resolution Shire officers have undertaken a traffic counter study to understand the issues around St Germain Avenue. The traffic counters provide the following information:

· Daily traffic numbers

· Classification of vehicles into types

· Speed statistics

The results from the traffic counters are included in attachment B and a summary included in attachment C.

From the Traffic Counters, daily traffic along St Germain Avenue is from 730 to 950 Vehicles per day (VPD) of this heavy vehicle represents 1% of the vehicles. The 85^th Percentile speed ranges from 49Km/h to 54 Km/h excluding the entry off Fisheries Road. The 85^th Percentile speed is the speed that 85% of vehicles are travelling at or below, meaning 15% vehicle are travelling faster than this. From a traffic engineering perspective this value is normally used to gage if there is an overall speeding issue.

Officer’s Comment

Addressing the concerns raised from the petition:

Some people entering from Goldfields Road and Fisheries Road are gaining excessive speed, rapidly. A few motor bike riders are hitting very high speeds at a fast rate, which in turn has the effect of excessive noise.

Officer’s comment: The 85th Percentile speed that ranges from 49Km/h to 54 Km/h, excluding the entry off Fisheries Road, doesn’t indicate an overall significant speeding issues along St Germain Avenue. From the data, there are a few vehicles that excessively speed along the road, this unfortunately occurs on most streets and is a policing issue.

The volume of traffic using this road can be excessive, especially Monday to Friday.

Officer’s comment: the 730 to 950 Vehicles per day is well under the design of a local access road street, which are designed to accommodate up to 3,000 VPD. From the data collected, the weekend traffic isn’t significantly different to the week day traffic.

We have St Germain Park on this street, which is frequented by children and adults alike. We fear it is only a matter of time before there is a serious accident, causing injury to an innocent victim. The fact that the play equipment was removed from the St Germain Road side to Burton Road side indicates to us that the Shire also had concerns in regard to safety from speeding vehicles.

Officer’s comment: The swing set that was near St Germain Avenue in St Germain Park was relocated to the existing multi combination unit to consolidate the playground equipment into one location and for no other reason.

The number of children walking and riding to school along this road and footpath is high.

Officer’s comment: No data was captured regarding the pedestrian usage along the road, but it is expected that there would be a high number of school children use this path to get to school.

The entry to St Germain Avenue from all roads is brick paved. Aesthetically – lovely, but when it rains, these become extremely slippery causing speeding vehicles to slide and lose control.

Officer’s comment: The bricked paved treatment is used to provide an indication to drivers there is an intersection, as signage is not common practice from Main Roads WA at T-junctions. All surface reduce in friction when it rains, it is the responsibility of the driver to drive to the road conditions. Brick paving is considered an acceptable pavement for low speed roads.

The roundabouts at Goldfields Road and Fisheries Road end have been constructed in a way that many cars don’t go around, they simply drive over the top – hence they don’t have to slow down.

Officer’s comment: The roundabout is required to be built with a mountable apron to accommodate heavy vehicles turning movements, otherwise they would drive through the roundabout causing maintenance issues.

Response to suggested solutions:

Close off Fisheries Road which would stop the through traffic. This is highly recommended. St Germain Avenue - we believe should NOT be used by heavy vehicle traffic. It should be for local residents not a through road for heavy vehicles.

Officer’s comments: Closing the access onto Fisheries Road is not recommend, as you would only be pushing a problem onto other streets, namely Remark Drive and Fleur Gate (off Chantilly Circuit). Further to this a 1% heavy vehicle usage of the road is not unreasonable.

Put a 50km sign at the entrance from Goldfields Road

Officer’s comments: Speeds signs can only be installed by Main Roads WA, who wouldn’t normally install a speed sign in a residential area for the default 50Km/h speed limit. This said, there would be no harm in asking the question to Main Roads WA.

Improve the roundabouts so they are more raised as per the roundabout - Andrews and Dempster Roads intersection.

Officer’s comments: Raising the mountable apron around the roundabout would make it more of a deterrent for light vehicle to mount them. There is doubt to the effectiveness of this treatment slowing the speed of vehicles.

Look at perhaps either removing the bricks or treating them with a non-slip product.

Officer’s comments: The brick paving is an appropriate treatment for a T-junction and has worked well around town.

Traffic calming solution – chicanes. Speed humps are not an option as they have been proven to be noisy, which would impact the livability of the area. Chicanes help reduce vehicular speeds by requiring motorists to manoeuvre through the curb and have been proven to reduce the speed to 21-23km which would be a great deterrent.

Officer’s comments: Chicanes have been looked at by officers and are a potential option to reduce speed along St Germain Avenue. We agree that speed humps are not a good option.

Shire officers have developed a number a number of concepts that may help reduce the potential to speed along the straight section of St Germain Avenue, these are provided in D to F. These concepts would need to be further developed to make sure they would work as indented and consultation with effected abutting residents undertaken to work out the preferred option.

Consultation

Shire officers met with available residents of St Germain Avenue on the 26^th July 2021 to discuss the results from the traffic counter, issues identified in the petition and proposed options to address the issue.

Financial Implications

The financial implications arising from this report would be considered in future budgets.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

Deliver a diverse, efficient and safe transport system

Corporate Business Plan 2020/21 – 2024/25

B3.1 Manage asset development

Environmental Considerations

Nil

Attachments

a ⇩.	Petition - St Germain Avenue
b ⇨.	St Germain Ave - Traffic and Speed Study - Under Separate Cover
c ⇩.	St Germain Ave - Traffic and Speed Study Summary
d ⇩.	St Germain Ave - Slow Point Concept
e ⇩.	St Germain Ave - Intersection Treatment Concept
f ⇩.	St Germain Ave - Pedestrian Refuge Islands Concept

Officer’s Recommendation

That Council request the Chief Executive Officer to:

1. Develop the St Germain Avenue traffic calming concepts, in consultation with the effected abutting residents, for future budget consideration; and

2. Request Main Roads to consider installing a 50km/h sign at the entry to St Germain Avenue from Goldfields Road.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 101

Item: 12.2.3

Dog Park Development

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

File Ref: D21/26551

Applicant

Internal

Location/Address

Wildcherry Park (Reserve 33339) and Greater Sports Ground (Reserve 3287)

Executive Summary

For Council to consider the dog park community consultation and future Dog Park development.

Recommendation in Brief

That Council:

1. Note the community feedback received on future dog park development; and

2. Request the Chief Executive Officer to:

a. Develop a detailed design and implement a primary dog park at Wildcherry Park Reserve.

b. Develop a detailed design for a dog park at the Greater Sports Ground Reserve in line with the Greater Sports Ground Reserve Master Plan, future budget consideration.

Background

Council is interested in exploring options and locations for a proposed fenced Dog Park, where residents and visitors can safely exercise and socialise their dogs. The development of a fenced dog park has been potentially identified outside of the Shire of Esperance Public Open Space Strategy and Council requested for community feedback on sites that can potentially be developed formally as a Dog Park.

To commence the process Council and Shire of Esperance staff identified three initial reserves that could potentially be considered for development as a Dog Park.

· Within the Greater Sports Ground Reserve (0.5ha)

· Within the Wildcherry Park Reserve (0.7ha)

· Within the Walker Street Reserve (0.5ha)

The proposed sites identified by Council and Shire of Esperance staff are only initial concepts, and Dog Park locations are not limited to these sites only.

Ideally, reserve and public open space land for fenced Dog Parks should meet these guidelines:

· Size: 0.5 – 1ha

· Water source for water fountains and dog watering stations

· Parking or capacity to develop parking spaces

· Provision for dog poo bag station and general waste bins

· Preferably away from schools and not directly on sporting fields so there is no clash of use

The Shire undertook community consultation in May 2021 via a Social Pinpoint Survey including an interactive map to allow the community to provide feedback on the proposed sites or other potential sites the Shire of Esperance should consider for a formal Dog Park development.

Officer’s Comment

Community consultation was undertaken via a Social Pinpoint Survey including an interactive map to allow the community to provide feedback on the proposed sites or other potential sites the Shire of Esperance should consider as a formal Dog Park. The interactive map identified the three initial reserves and Dog Park concepts identified by Council and Shire of Esperance staff that could potentially be considered for development as a Dog Park and allowed the community to provide direct feedback on these options or identify other reserve areas for consideration for a Dog Park development. The Social Pinpoint Survey also included a My Dog and Me Survey that aimed to gather information on the communities use and value on a potential Dog Park.

The Social Pinpoint Survey was well received by the community with 96 comments on the interactive map and 42 responses to the My Dog and Me Survey. The consultation feedback clearly indicated that there was community support for Dog Park developments with positive feedback received for the
Wildcherry Park Reserve and Greater Sports Ground Reserve.

Based on the community feedback it is recommended that Council consider the two reserves for future Dog Park development. Wildcherry Park Reserve as a primary Dog Park due to the size of the reserve and the opportunity to develop a larger Dog Park and the Greater Sports Ground Reserve as a secondary Dog Park due to the reserves central location and the current use of the reserve as a dog exercise area, dog club area and Agricultural Show facility that would work in with the Greater Sports Ground Master Plan review that is currently underway.

Consultation

Council had a briefing session on the results on the 27^th July 2021

Financial Implications

The development of a Dog Park has been included in the adopted 2021/22 Shire of Esperance Budget and included as a project funded under the Local Roads and Community Infrastructure Program.

Asset Management Implications

Maintenance of the Dog Park/s would be factored into annual Parks and Reserve Maintenance Budgets for Wildcherry Park Reserve and Greater Sports Ground Reserve.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Provide infrastructure and places that support the services we provide

Maintain the Shire’s robust asset management practices and maintenance programs

Environmental Considerations

Nil

Attachments

a ⇩.	Social Pinpoint Dog Park Development Consultation Comments and Feedback
b ⇩.	Social Pinpoint Dog Park Development My Dog and Me Survey Results

Officer’s Recommendation

That Council

1. Note the community feedback received on future dog park development; and

2. Request the Chief Executive Officer to:

a. Develop a detailed design and implement a primary dog park at Wildcherry Park Reserve.

b. Develop a detailed design for a dog park at the Greater Sports Ground Reserve in line with the Greater Sports Ground Reserve Master Plan, future budget consideration.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 124

Item: 12.2.4

Building Asset Management Plan

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

File Ref: D21/27024

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider the Building Asset Management Plan 2021

Recommendation in Brief

That Council endorse the Building Asset Management Plan 2021

Background

The Shire owns and maintaining building assets that provide services and needs required by the community. These buildings are provided for the benefit of residents, workers, and visitors to the Shire and help to directly or indirectly contribute to the delivery of the objectives and actions to deliver the Strategic Plan.

The Building Asset Management Plan 2021, included in attachment A, has been reviewed in line with the adopted Strategic Asset Management Plan 2020. This is prepared to meet minimum legislative and user requirements for sustainable service delivery and long-term financial planning and reporting. It will be achieved by setting standards, service levels and programs that the Shire has developed and will deliver. The standards and service levels have been set in accordance with user needs, regulations, industry practice and legislative codes of practice.

Officer’s Comment

This Asset Management Plan has been developed using the current National Asset Management Strategy (NAMS) format.

Assets identified in this plan are summarised as follows:

Asset category	Type of Assets	Quantity	Current replacement value	Depreciated replacement value
Community	Club Rooms, Community Halls	16	9,509,333	4,441,217
Corporate	Administration, Depot, Staff Accommodations	30	31,582,000	13,488,560
Cultural	Historical, Heritage listed	15	9,143,260	4,386,000
Facilities	Educational, Recreational, Sporing	9	26,789,040	15,803,248
Toilets		31	3,770,450	2,475,590
TOTAL		101	80,794,083	40,594,615

Key assumptions used in this plan include:

· Budget allocation will be sufficient to enable the agreed service levels (both community and technical) to be met.

· Operations and maintenance costs are based on historical expenditure and assume there will be no significant increase in the cost of providing these services apart from those additional costs related to new assets

· Council will seek to fully fund required asset renewal requirements into the future

· Capital renewal programs are designed to maintain the service potential of existing assets and not to increase the size or increase the service potential of the building.

· No significant change in demand and no significant changes in legislation

· Replacement timing of buildings are based on Griffins valuation report, but assuming all major buildings will undergo refurbishments to extend their useful life beyond that of the original design life.

Consultation

This AMP has been prepared and reviewed internally by Asset Management staff and across departments including Corporate Resources.

Financial Implications

To enable the shire to fully fund the maintenance and renewal cost of the buildings when they reach the end of their life an additional $161,281 needs to be allocated each year to the building renwal and maintenance allocation, thus bringing the total allocation per year to $2,019,852. Operational costs are in addition to this amount. This additional allocation of funding should be considered in the Long Term financial Plan.

Asset Management Implications

The Asset Management Plan will guide how the shire manages the Building Assets into the future.

Statutory Implications

Asset Management Plans are considered a key Informing Strategy to the Integrated Planning and Reporting Framework.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Provide infrastructure and places that support the services we provide

Maintain the Shire’s robust asset management practices and maintenance programs

Corporate Business Plan 2020/21 – 2024/25

B1.6 Implement Strategic Asset Management Plan (SAMP)

Environmental Considerations

N/A

Attachments

a ⇩.

Building Asset Management Plan 2021

Officer’s Recommendation

That Council endorse the Building Asset Management Plan 2021

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 202

Item: 12.3.2

Licence Area Adjustment - Esperance Mountain Bike Association

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

File Ref: D21/26549

Applicant

Shire of Esperance

Location/Address

Lot 1980 on Deposited Plan 182382 and Lot 2033 on Deposited Plan 187527, Part Reserve 35037, Myrup Road, Myrup

Executive Summary

For Council to consider amending the Licence Area for the Esperance Mountain Bike Association Incorporated to exclude the portion of Lot 1980 DP 182382 Reserve 35037 which is the Lease area for the Esperance Model Aero Club Inc.

Recommendation in Brief

That Council amend the Licence Area for the Esperance Mountain Bike Association Incorporated to exclude the portion of Lot 1980 DP 182382 Reserve 35037 which is the Lease area for the Esperance Model Aero Club Inc.

Background

Esperance Model Aero Club (the Club) have occupied the North West 150 x 200m corner of Lot 1980 DP 182382, Reserve 35037, since November 1997, when a 5 year Licence was approved by Council. A 10 year Lease with a 10 year option was subsequently approved by Council in December 2009, giving the Club exclusive use of their Lease Area.

Mountain bike enthusiasts made informal use of what is now the Esperance Mountain Bike Association (the Association) Licence Area for 7 years prior to March 2010. Since this time the Association have been granted successive Licences by the Shire of Esperance to use a portion of Reserve 35037. These Licences grant non-exclusive use of the land, as part of Lot 2033 on DP 187527 is used by the Esperance Pony Club and the Esperance Equestrian Club for horse riding activities, and the mountain bike tracks are also open for the general public to use and enjoy.

Officer’s Comment

During an audit of Shire Leases and Licenses earlier this year Officers became aware that the Association’s Licence Area incorporates the Club’s Lease Area. It appears that this may have been an administrative error at the time the Licence was drawn up as the Club is provided exclusive use of their lease area.

No correspondence has been located to advise there was any agreement between the Club and the Association at the time the Licence commenced.

There is correspondence between the Association and the Esperance Equestrian Club and Esperance Pony Club confirming that they are agreeable to the Association utilising the northern portion of their Lease area for mountain biking.

A map showing the proposed Licence Area was drawn up and sent out to the Association for comment following the audit. As a result of this, the Association reached out to the Club to discuss the possibility of using some of the uncleared portion of their Lease Area.

An agreement was reached and confirmed in writing by the Club stating they are happy for the Association to use the land on their Lease area, not including the cleared area where model planes take off and land for safety reasons, and wish to retain the right to reclaim and use the full lease area in the future.

The Association confirmed in writing that they are happy with the proposed Licence Area, and understand that they may be required to vacate the Club’s Lease Area in the future.

Officer’s recommendation is that the whole of the Club’s Lease Area be removed from the Association’s Licence Area, as the cleared area used for model planes to take off and land makes up the bulk of the Club’s Lease Area and the uncleared area has no existing mountain bike tracks on it.

The Association also enquired whether it might be possible to extend their Licence to include portion of Lot 1746 on Deposited Plan 207800, Reserve 26813, Myrup Road. Discussion with Officers in this regard have determined this is not possible due to the Reserve’s Land Use and the Shire having no Power to Lease over this Reserve. This area is currently used for storage of road making materials.

Consultation

Esperance Mountain Bike Association Incorporated

Esperance Model Aero Club Inc

Manager Strategic Planning & Land Projects

Manager Parks & Environment

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s3.58 Disposing of Property

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Esperance is seen as a destination of choice to live and work

Promote the Esperance lifestyle using environmental, built, cultural and social assets

Corporate Business Plan 2020/21 – 2024/25

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.	Proposed Esperance Mountain Bike Association Licence Area
b ⇩.	Esperance Model Aero Club confirmation
c ⇩.	Esperance Mountain Bike Association confirmation

Officer’s Recommendation

That Council, subject to the approval of the Minister for Lands, amend the Licence Area for the Esperance Mountain Bike Association Incorporated to exclude the portion of Lot 1980 DP 182382 Reserve 35037 which is the Lease area for the Esperance Model Aero Club Inc.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 208

12.4 Executive Services

Item: 12.4.1

Prevent Support Heal Campaign

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

File Ref: D21/24020

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider supporting the Prevent Support Heal Campaign.

Recommendation in Brief

That Council formally support of the Prevent Support Heal Campaign.

Background

The Western Australian Association for Mental Health (WAAMH) is the peak body for community mental health services, believing in the vision that as a human right, every one of us will have the resources and support needed for mental wellbeing, recovery and citizenship.

WAAMH launched the Prevent Support Heal campaign and are seeking support from the Local Government sector. Prevent Support Heals main objective is that quality mental health should be available to all Western Australians, not just those who need hospital.

At the moment the biggest action Prevent Support Heal are running is the 1000 Flowers project which is collecting the stories of 1000 families who have been affected by WA’s mental health system.

Several other local governments such as the town of Bassendean, Shire of Mundaring, City of Fremantle, East Metropolitan Zone of WALGA and more have supported the campaign.

Officer’s Comment

Recently Esperance Bay & Districts CWA held a morning tea to start a conversation about the 1000 flowers project, even though the Shire missed the morning tea, the event sparked interest with Councillors who felt the Prevent Support Heal campaign is something the Shire could be involved in.

Being an isolated town, Esperance has limited amount of resources to support age appropriate personal community support for youth mental health issues. Joining this campaign recognizes the importance of mental health in our community whilst advocating for an improved mental health care for Western Australians.

More information on Prevent Support Heal can be found below.

https://preventsupportheal.org.au/

Consultation

Prevent Support Heal

Executive Management Team

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

An organisational and community culture that encourages innovation and embraces change

Foster a culture of innovation

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council:

1. Formally support of the Prevent Support Heal Campaign,

2. Acknowledges the important role prevention programs and non-clinical community mental health organisations play in caring for people with mental health challenges, particularly through the COVID pandemic; and

3. Request the CEO to:

a. Write to the Minister for Mental Health, Hon Stephen Dawson MLC agreeing with ethos of the campaign, outlining how an increase in mental health prevention and support would benefit the Esperance community.

b. Promote the campaign through various communication channels; and

c. Explore ways the State Government can support Local Government to care for their community mental health.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 242

Item: 12.4.3

Elected Member Social Media Policy

Author/s	Justin Sudmeyer	Media & Communications Officer
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/26369

Applicant

Internal

Location/Address

N/A

Executive Summary

That Council consider adopting the EXE New: Elected Member Social Media Policy.

Recommendation in Brief

That Council adopt policy EXE New: Elected Member Social Media Policy.

Background

It has been identified the Shire would benefit from having a policy in relation to Elected Member’s use of social media. Social media has increasingly become an essential part of daily life and method of communication. The use of social media by the Shire and the Elected Members can enhance communication, engagement and collaboration with our community, and share the positive and professional identity of our organisation.

Officer’s Comment

The purpose of the Policy is to ensure that Elected Members for the Shire of Esperance use social media in accordance with the Code of Conduct - Council Members, Committee Members and Candidates, Local Government Act 1995 and Local Government (Elections) Regulations 1997.

The attached Policy has been developed in consultation with WALGA template, and advice provided through the Shire of Esperance staff. This Policy provides a clear and in depth policy for social media use by Elected Members for the Shire of Esperance.

Consultation

WALGA

Shire of Esperance staff

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 - Section 5.39C

Policy Implications

Nil

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

Facilitate Councillors’ requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Elected Member Social Media Policy

Officer’s Recommendation

That Council adopt policy EXE New: Elected Member Social Media.

Voting Requirement Simple Majority

Ordinary Council: Agenda

24 August 2021 Page 258

Item: 13.2

Interim Audit Management Letter

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

File Ref: D21/27479

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the Interim Audit Management Letter.

Recommendation in Brief

That Council note the matters raised in the Interim Audit Management Letter and endorse the recommendations to reduce the risk.

Background

Moore Australia (Auditors) on behalf of the Office of the Auditor General (OAG) recently undertook the interim audit in preparation of the 30 June 2021 annual financial audit. During the interim audit a number of systems and controls were tested that the Auditor relies upon for the audit process.

During the course of the audit, they noted four matters that needed to be brought to the attention of the Shire. This resulted in the attached management letter.

The Audit Committee met on 9 August 2021 and resolved the below:

That the Audit Committee note the matters raised in the Interim Audit Management Letter and endorse the recommendations to reduce the risk.

Officer’s Comment

The four matters raised by the Auditor were as follows:

· Revenue has not been recognised in accordance with AASB 15 or AASB 1058 – considered moderate risk

The Auditors findings noted that waste collection fees had not been recognised per week as the service delivery is met. Their concern is purely a timing difference that affects the monthly financial reporting in accordance with the above accounting standards. However, on an annual basis it is correct.

The majority Waste fees are levied annually, and historically revenue has been recognised in August. Revisions to accounting standard AASB 1058 came into effect 30 June 2020. Since this update the advice is to apportion this kind of revenue equally over the financial year. With weekly/fortnightly bin collections, we will now spread the recognition of this revenue over the full year as and when the performance obligation has been met i.e. picking up the rubbish. The effect of doing this won’t change the annual effect on Financial Reporting but will effect monthly reporting.

· Monthly Payroll Reconciliation Not Performed – considered a moderate risk

In this instance, the auditor’s findings noted that payroll reconciliations were not being performed monthly. It is current practice to perform the payroll reconciliation annually. To improve the process the Manager Financial Services of the Assistant accountant will process reconciliations on at least a quarterly basis.

· Missing Employment Contract– considered a moderate risk

During payroll testing the Auditors noted that one employee did not have a formal letter for a level increase, or updated employment contract. This was a one off occurrence, for which an email authorising the change was the governing document which related to a level change for an existing employee in 2012. Procedural checklists have been updated to ensure all changes to contracts are communicated by letter or update to the contract.

· No Credit Card Agreements Signed with Card holder – considered a minor risk

In the review of credit card policies and procedures, it was noted that the Shire lacked a user agreement between the officer and the Shire. Currently the card holder and relevant Shire executive sign authorisation forms issued by the bank. Shire Policy COR 007: Procurement will be updated to formally include a separate agreement between the credit card holder and the Shire.

Consultation

Moore Australia (Auditors) – on behalf of the Office of the Auditor General

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

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 2021/22 – 2024/25

L.2.6 Manage Finance

Environmental Considerations

Nil

Attachments

Nil

Committee Recommendation

That Council note the matters raised in the Interim Audit Management Letter and endorse the recommendations to reduce the risk.

Voting Requirement Simple Majority

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

a ⇩.	Information Bulletin - July 2021
b ⇩.	Corporate Performance Report - July 2021
c ⇩.	Appreciation Letter - Kidsport - Executive Director, Sport and Recreation
d ⇩.	Kidsport Statistics 2020-2021
e ⇩.	Andrew St & Dempster St Roundabout - Crash Statistics - 2016 - 2020