Agenda of Ordinary Council

Ordinary Council: Agenda

23 November 2021 Page 5

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

23 November 2021 Page 12

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 23 November 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 R Chambers Deputy President Town Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr J Obourne Town Ward

Cr L de Haas Town Ward

Cr W Graham Rural Ward

Cr R Horan Town Ward

Cr S Flanagan 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 E Hegney 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 26 October 2021 be confirmed as a true and correct record.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCI

12.1 External Services

Item: 12.1.1

Proposed Naming of Reserve 41097 (Duke of Orleans Bay Regional Park)

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/34437

Applicant

Esperance Tjaltjraak Native Title Aboriginal Corporation

Location/Address

Reserve 41097

Executive Summary

For Council to consider naming Reserve 41097 as Tjaltjraak Boodja Park.

Recommendation in Brief

That Council accept a proposal from Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC) to formally name Reserve 41097 as Tjaltjraak Boodja Park, and to request Landgate to support the application of the proposed name to the Reserve.

Background

ETNTAC have submitted a request to the Shire to formally name Reserve 41097 (the area informally known as Duke of Orleans Bay Regional Park) as Tjaltjraak Boodja Park.

The translation of this name is Tjaltjraak Country Park, paying homage to the local blue gum species growing within the reserve. The original request from ETNTAC (Attachment A) was to apply the name of Tjaltjraak Boodjara Park however it has since been confirmed with Aboriginal Elders that their preference is for ‘Boodja’ (Boodja/Boodjara are the same word spelt differently).

Officer’s Comment

The name Duke of Orleans Bay Regional Park was intended to be applied to Reserve 41097 as outlined in the Duke of Orleans Bay Regional Park Plan of Development and Management (noted as Bulletin 138 dated March 1983) however this was never formally applied.

The proposed naming of the Reserve recognises the cultural significance of the land. There are currently a number of Registered Aboriginal Heritage Sites as well as a number of Lodged Sites on Reserve 41097.

The proposed naming of Reserve 41097 is consistent with the aims of the Shire’s Reconciliation Action Plan to identify opportunities for Aboriginal place naming and implement them.

The naming also follows a number of recent initiatives including the installation of Welcome to Country signage at Council facilities. It should be noted that, at this time, there is no proposal for the Shire to rename any other existing features or attractions within the area known as Duke of Orleans Bay Regional Park.

Consultation

Esperance Tjaltjraak Native Title Aboriginal Corporation

Parks and Environment

Executive Management Team

Financial Implications

There will be some marginal costs involved with installing new signage within the Reserve to reflect the name.

Asset Management Implications

Nil

Statutory Implications

Policies and Standards for Geographical Naming in Western Australia

The Policies and Standards for Geographical Naming in Western Australia includes a number of fundamental requirements for the naming of roads, administrative boundaries, cultural and topographical features. They include legislative considerations, external policies and cultural factors to ensure a sound toponymic heritage for future generations of Western Australians.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

Actively engage and communicate with the community to ensure informed decision making

Corporate Business Plan 2021/22 – 2024/25

L4 Actively engage and communicate with the community to ensure informed decision making

L4.1 Implement the Reconciliation Action Plan

L4.4 Initiate the next stage of the Reflect Reconciliation Action Plan

Reconciliation Act Plan

C3 Promote reconciliation through our sphere of influence

C3.4 Cultural interpretation / promotion through art, interpretative materials and information in public spaces including those with high tourist visitation.

Environmental Considerations

N/A

Attachments

a ⇩.

Request to Name Reserve 41097

Officer’s Recommendation

That Council:

1. Accept the proposal to formally name Reserve 41097 as Tjaltjraak Boodja Park;

2. Request Landgate to support the application of the proposed name to the Reserve; and

3. Subject to approval, install signage to reflect the name of Tjaltjraak Boodja Park.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 21

Item: 12.1.2

Development Application - Oversized Outbuilding (Shed), Retaining Walls and Associated Works - Lot 18 (120) Pink Lake Road, Sinclair

Author/s	Peter Wilks	Senior Planning Officer
	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/36681

Applicant

Drake-Brockman Building and Construction on behalf of C & A Henderson

Location/Address

Lot 18 (120) Pink Lake Road, Sinclair

Executive Summary

For Council to consider Development Application 10.2020.4402.2 for an Oversized Outbuilding (Shed), Retaining Walls and Associated Works at Lot 18 (120) Pink Lake Road, Sinclair.

Recommendation in Brief

That Council approve Development Application 10.2020.4402.2 for an Oversized Outbuilding (Shed), Retaining Walls and Associated Works at Lot 18 (120) Pink Lake Road, Sinclair, subject to conditions.

Background

An application for planning approval for an Oversized Outbuilding (Shed), Retaining Walls and Associated Works at Lot 18 (120) Pink Lake Road, Sinclair was received by Planning Services on 17 September 2021.

An Outbuilding (Shed) was previously approved on the property under Application Number 10.2020.4402.2 however the applicant has since revised the design of the Outbuilding and increased the site area which prompted the need for an amendment to the previous approval.

The application was subsequently referred to the adjoining landowners with the Department of Education indicating no objection to the proposal. The other adjoining private landowner did not provide any comment.

Lot 18 (120) Pink Lake Road, Sinclair is zoned ‘Residential’ R20 and has an area of 2064m². 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 108m² of new Outbuilding to be constructed on the property in addition to an existing Outbuilding of approximately 25m². This gives a total of 133m² of Outbuildings on the property, where Council has permitted a maximum of 125m² (100m² plus a 25% site area variation) under its Local Planning Policy: Outbuildings.

It is also noted that additional variations are proposed in regards to the wall and ridge height of the proposed Outbuilding and setback distances for the proposed retaining walls.

As part of the Outbuilding (Shed), the applicant proposes a wall height of 3.8m and a ridge height of 4.59m. These exceed the permitted maximums for Outbuildings of 3.6m wall height and 4.2m ridge height, however both are within the 10% variation criteria.

Variations are also proposed in regards to the retaining walls and earthworks. Under the Residential Design Codes, a retaining wall of 1m in height should be set back 1m from a common boundary. In this instance the applicant proposes a 0.9m setback. A maximum amount of earthworks within 1m of a common boundary of 0.5m also applies, with the applicant proposing a variation for up to 1m of earthworks within 1m of the common boundary.

The wall height, ridge height, setback and earthworks variations could be determined under delegated authority, however as they are part of an application that requires the consent of Council due to the proposed site area the application has to be determined by Council.

Officer’s Comment

The proposal calls for construction of a new Outbuilding (Shed) of 108m² on a property with an existing Outbuilding (Shed) of approximately 25m².

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

The proposed Outbuilding exceeds the maximum wall height of 3.6m and the maximum ridge height of 4.2m. Outbuilding wall and ridge heights in the Residential zone including the 10% variation criteria allows for a wall height of up to 3.96m and a ridge height of up to 4.62m. The proposed outbuilding has a wall height of 3.8m and a ridge height of 4.59m which could be determined under delegated authority were it not part of the same application as a variation to the maximum site area.

In addition, the applicant proposes variations to the setback requirements for retaining walls and for earthworks in proximity to boundaries. Under the Residential Design Codes, a retaining wall of 1m in height normally requires a 1m setback to a common boundary. In addition, a maximum amount of earthworks of 0.5m of excavation or fill within 1m of a common boundary applies. The applicant in this instance proposes a 0.9m setback from the proposed retaining walls to a common boundary, and up to 1m of earthworks within 1m of a common boundary.

The location and orientation of the proposed outbuilding will have minimal impact on the locality and adjoining landowners. This is due to the proposed Outbuilding being located at the rear of the property behind the dwelling, as well as existing vegetation on the property which will conceal the Outbuilding from view.

The applicant’s justification that the proposed Outbuilding is for a combination of domestic storage as well as storage of vehicles and boats is considered acceptable. The setback of the retaining walls is acceptable to Planning Services as they will not adversely impact on the adjoining property, similarly with the proposed earthworks the location and nature of the works will generate minimal impact. As such the officer’s recommendation is for approval of the proposed development.

Consultation

Advertising to adjoining landowners occurred between 21 September and 12 October 2021 for the adjoining private landowner, and between 21 September and 2 November 2021 for the Department of Education.

The Department of Education responded stating no objection to the proposal. The private landowner declined to provide comment.

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 ⇩.	Site Plan
b ⇩.	Elevations and Floor Plan
c ⇩.	Retaining Plans

Officer’s Recommendation

That Council approve Development Application 10.2020.4402.2 for an Oversized Outbuilding (Shed), Retaining Walls and Associated Works at Lot 18 (120) Pink Lake Road, Sinclair, subject to the following conditions:

1. Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved 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

23 November 2021 Page 30

Item: 12.1.3

Development Application - Alterations to the Existing Dwelling, Oversized Outbuilding (Shed) and Fencing - Lot 35 (82) Stewart Street, West Beach

Author/s	Peter Wilks	Senior Planning Officer
	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/36808

Applicant

M R A & F P MacKenzie

Location/Address

Lot 35 (82) Stewart Street, West Beach

Executive Summary

For Council to consider Development Application 10.2021.4826.1 for Alterations to the Existing Dwelling, Oversized Outbuilding (Shed) and Fencing at Lot 34 (85) Stewart Street, West Beach.

Recommendation in Brief

That Council approve Development Application 10.2021.4826.1 for Alterations to the Existing Dwelling, Oversized Outbuilding (Shed) and Fencing at Lot 34 (85) Stewart Street, West Beach, subject to conditions.

Background

An application for planning approval for Alterations to the Existing Dwelling, Oversized Outbuilding (Shed) and Fencing at Lot 34 (85) Stewart Street, West Beach was received by Planning Services on 30 September 2021.

Due to the nature of the proposed application, advertising was undertaken to the adjoining landowners between 8 October and 29 October 2021, with no comments or submissions being received.

Lot 35 (82) Stewart Street, West Beach is zoned ‘Residential’ and has an area of 4013m². The property is further affected by Special Control Area 4 – Public Drinking Water Source Protection Areas, Special Control Area 7 – Blue Haven and Second Beach, and is designated as bushfire prone by the Department of Fire and Emergency Services.

There are three parts to the application. First, minor alterations to the existing dwelling, second an over height Outbuilding (Shed) and third, fencing between the dwelling and the unconstructed portion of Stewart Street.

The proposed alterations to the dwelling are minor and comply with all provisions of the Residential Design Codes and Local Planning Scheme No. 24 and are unlikely to impact on adjoining properties or views from public places.

The proposed fencing does not comply with the provisions of Local Planning Policy: Blue Haven Second Beach Development, as solid colorbond fencing is proposed in an area where rural type fencing in accordance with Schedule 3 of the Fencing Local Law is required.

However, given the location of the fence (adjacent unconstructed road), it is unlikely to impact on adjoining properties or the visual amenity of the area. The assessment against the Special Control Area 7 – Blue Haven and Second Beach is contained within the officer’s comment.

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

Outbuildings in Residential and Future Residential Zones

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

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

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

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

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

· Comments from the affected adjoining landowner’s.

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

This proposal calls for 123.4m² of new Outbuilding to be constructed on the property, where Council has permitted a maximum of 125m² (100m² plus a 25% site area variation) under its Local Planning Policy: Outbuildings.

The proposal exceeds both the maximum wall height and the maximum ridge height. In the Residential zone a maximum wall height of 3.6m and a maximum ridge height of 4.2m applies. A 10% variation is wall height of 4.7m and a ridge height of 6.23m.

While the alterations to the dwelling could be approved under delegated authority, the Outbuilding exceeds the maximum wall and ridge heights and therefore the application requires determination by Council.

Officer’s Comment

The proposal calls for minor alterations to the existing dwelling, fencing along the frontage with an unconstructed portion of Stewart Street, and an overheight Outbuilding (Shed).

The alterations to the existing dwelling are very minor, with no variations proposed and could be approved under delegated authority were they not part of the same application as the proposed Outbuilding and fencing. The fencing could also previously have been approved under delegated authority however because of the recent adoption of the Local Planning Policy Blue Haven Second Beach Development by Council in October 2021, this requires Council approval.

Due to the location of the property, the Fencing Local Law is overruled by the provisions of the Local Planning Scheme relating to fencing in Special Control Area 7 – Blue Haven and Second Beach as well as the Local Planning Policy Blue Haven Second Beach Development, both of which state:

No fencing shall be erected without the prior permission of the local government, in accordance with Part 7 of Planning and Development (Local Planning Schemes) Regulations 2015. The local government will consider the use of materials, colour and height of the fence in an attempt to ensure that such structures blend into the landscape.

Local Planning Policy Blue Haven Second Beach Development further requires:

Fencing in accordance with Schedule 3 of the Fencing Local Law will generally be supported with the exclusion of Clause 2) as electric fences are prohibited in the Policy Area.

Schedule 3 of the Fencing Local Law is the ‘rural’ fencing requirements, and limits allowed fencing to post and wire style fencing. As the proposal is for a solid colorbond fence, this requires the consent of the Local Government via issuance of development approval. Further, due to the nature of the variation and the location of the fence along the unconstructed portion of Stewart Street this was considered to require referral to adjoining landowners.

The proposed Outbuilding exceeds the maximum wall and ridge heights of 3.6m and 4.2m respectively. Outbuilding ridge heights in the Residential zone including the 10% variation criteria allows for a wall height of 3.96m and a ridge height of 4.62m. The proposed outbuilding has a wall height of 4.7m and a ridge height of 6.23m, which require the consent of Council in accordance with the provisions of Local Planning Policy: Outbuildings.

While no objections have been raised it is noted that the proposed Outbuilding is located in a visually prominent position on the property. While this may be minimised by use of similar materials to the existing house, the position of buildings on adjoining properties, and the location of vegetation, it is acknowledged that the Outbuilding may have a significant impact on visual amenity. This is particularly in the event that adjoining properties are cleared of existing vegetation.

It is also noted that the Outbuilding is at a lower elevation than the existing dwelling on the property which will help minimise the visual impact, particularly if the outbuilding is constructed from materials that complement the design and materials of the dwelling.

The development also requires compliance with the provisions of Special Control Area 7 – Blue Haven and Second Beach which states:

Objective	· Provide a high level of amenity in this visually sensitive coastal area; · Maintain suitable street setbacks to minimise impact on Twilight Beach Road; · Protect the vegetation corridor fronting Twilight Beach Road; and · Maintain the land for purely residential purposes.	· Proposed development complies
General Requirements Development	· Generally within this area, no development will be permitted which, in the opinion of the local government, will be likely to endanger the visual amenity of Twilight Beach Road and the coastal views as seen from any lot or public place, and the ocean.	· Proposed development complies
	· No land shall be cleared, (other than for construction of buildings), filled or excavated without the prior permission of the local government in accordance with Part 7 of Planning and Development (Local Planning Schemes) Regulations 2015. An application for such permission shall include a statement as to the measures that will be taken to prevent wind and water erosion and a plan showing the proposed landscaping, including the design and location of pathways and driveways.	· Proposed development complies
	· The local government will encourage rear access to properties instead of direct access onto Twilight Beach Road. In no case shall permission be given for vehicular access across public open space or a PAW.	· N/A
	· The local government will encourage rear access to properties instead of direct access onto Twilight Beach Road. In no case shall permission be given for vehicular access across public open space or a PAW.	· N/A
	· No fencing shall be erected without the prior permission of the local government, in accordance with Part 7 of Planning and Development (Local Planning Schemes) Regulations 2015. The local government will consider the use of materials, colour and height of the fence in an attempt to ensure that such structures blend into the landscape.	· Proposed development complies – as the solid fence is located on the opposite side of the dwelling to Twilight Beach Road adjacent to an unconstructed Road Reserve.
	· The local government will not permit the erection of sheds or other buildings between a house erected on the lot and any road except in the case of a corner lot or a lot with dual street frontages where the local government may permit such a building to be built between the residence and any road other than Twilight Beach Road.	· Proposed development complies
	· The local government will expect any residential development, sheds or outbuildings to be constructed of materials that will not be intrusive or draw attention, with the use of light colours or shiny surfaces to be avoided.	· Proposed development complies
	(i) Where setbacks under these provisions can be varied, the local government when exercising its discretion, shall give consideration to the following – i. existing vegetation and its retention; ii. views from outlooks and Twilight Beach Road; iii. difficult topography; iv. if the lot has a street frontage and/or the site area is less than is specified in the Codes; v. if the reduced setbacks will result in an improvement to the visual amenity of the area from Twilight Beach Road or adjoining properties; and vi. any other relevant matters.	· Proposed development complies
	· Where the subject lot is affected by Clause 4 of Schedule 2 – Public Drinking Water Source Protection Areas - Special Control Area 4 and Clause 7 of Schedule 2 - Blue Haven and Second Beach Special Control Area 7, the following minimum lot sizes for subdivision shall apply: i. In accordance with the Drinking Water Source Protection Areas, a minimum lot size of 1 hectare where the development is not proposed for connection to reticulated sewer. ii. Otherwise a minimum lot size in accordance with the Residential Design Codes will apply subject to an Structure Plan being prepared and reticulated sewer being provided.	· Proposed development complies - Existing Lot and amendments to existing dwelling

The officer’s recommendation is for approval of the proposed Alterations to the existing Dwelling, and fencing as the alterations to the dwelling are compliant with all requirements, the variations to the fence are minor and only have minimal impact on adjoining landowners and visual amenity.

The officer’s recommendation is that the Outbuilding also be approved with conditions specifically requiring that materials used in construction complement the design and materials of the dwelling. The applicant’s justification that the proposed Outbuilding is for a combination of domestic storage as well as storage of vehicles and boats is considered acceptable.

Consultation

The application was advertised to the adjoining landowners between 8 October and 29 October 2021. No comments or submissions were received.

Financial Implications

Application fees totalling $800.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.

Plans

Officer’s Recommendation

That Council approve Development Application 10.2021.4826.1 for Alterations to the existing Dwelling, Oversized Outbuilding (Shed) and Fencing at Lot 34 (85) Stewart Street, West Beach, subject to the following conditions:

2. The land and buildings the subject of this approval shall be used for the purposes of Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definition as extracted from the Residential Design Codes).

· Dwelling – A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

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

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

5. 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.

6. 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.

7. 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.

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.

10. The approved development is to comply with the provisions of Australian Standard 3959 – Construction of Buildings in Bushfire Prone Areas.

11. A Bushfire Attack Level Assessment as undertaken by an Accredited Bush Fire Attack Level (BAL) Assessor is to be supplied with any application for a Building Permit.

12. All clearing is to be in accordance with the Bushfire Attack Level assessment.

13. The materials to be used on the external surfaces of the proposed Outbuilding (Shed) shall complement the materials used in the construction of the Dwelling to the satisfaction of the Shire of Esperance.

AND the following advice notes:

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

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

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

6. A licence from the Department of Water and Environmental Regulation (DWER) may be required to install a water bore on-site. Consultation should occur with the DWER for further information in this regard.

7. The approved development is required to comply with the following legislation (as amended from time to time):

· Health (Miscellaneous Provisions) Act 1911

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Health Act (Laundries and Bathrooms) Regulations 1971

· Occupational Safety and Health Regulations 1996

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 43

Item: 12.1.4

New Fees - Personal Training Sessions for Bay of Isles Leisure Centre Members

Author/s	Scott McKenzie	Manager Council Enterprises
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/37072

Applicant

Internal

Location/Address

Black Street, Esperance WA 6450

Executive Summary

For Council to consider the introduction of two (2) new fees for personal training sessions for members of the Bay of Isles Leisure Centre (BOILC).

Recommendation in Brief

For Council to adopt two new fees to provide an opportunity to increase the volume of personal training undertaken at the Bay of Isles leisure Centre.

Background

Senior staff at BOILC have identified an opportunity to adopt new fees that may increase the amount of members taking up the option of personal training within the facility.

Currently, Council has two fees within the Fees and Charges covering personal training;

· Personal Training ½ hour - $55; and

· Personal Training 1 hour - $80.

When the fee was set it was designed to cover a casual gym entry and the staff time to conduct the personal training. However, it is recommended that Council consider adopting a lower fee for members who have gym entry already included in their membership.

The new fee will fully cover the wages for a Level 2 staff member ($29.33 per hour including on costs) that would undertake the personal training.

Officer’s Comment

The proposal being put forward should increase the hours available for health and fitness staff as the volume of personal training undertaken increases with a positive impact on the Budget.

Possible benefits that have been identified include;

· An increase in memberships as patrons may see more advantage in being a member;

· An increase in personal training services increasing net income for the facility;

· Positive impacts on the fitness of the community (a defined priority of the Public Health Plan); and

· An increase in attraction and retention of staff by offering more hours to casual staff.

Staff would only be rostered on for personal training sessions when there is a booking for this service.

Consultation

BOILC Senior Staff

Financial Implications

The financial implications arising from this report for the remainder of the 2021/22 financial year will be a minor increase to the Fees and Charges – Admissions Dry account for the BOILC. The benefit will be greater again if the new fee can attract new members, a single new member on the Dry side of the BOILC would be $853 per annum.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

· Part 6, Division 5, s.6.16 of the Local Government Act 1995 deals with the imposition of new fees and charges.

· Part 6, Division 4, s.6.6 of the Local Government Act 1995 deals with amendments to the Annual Budget.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Facilitate and support sport, recreation, arts and cultural activities

Corporate Business Plan 2021/22 – 2024/25

C1.3 Manage the Bay of Isles Leisure Centre

Public Health Plan 2021-2026

Strategy 1 – Promotions 1.1 Delivery of programs designed to promote physical exercise and active living – Item b)

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council;

1. Adopts two new Fees, being: Personal Training Session ½ hour Dry/Full Members - $40 and Personal Training Session 1 hour Dry/Full Members - $60; and

2. Give public notice of the imposition of the new fee identifying that it will commence from 6 December 2021.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 November 2021 Page 45

Item: 12.1.5

Application for Traders Permit (Food Van) - Westies Food Van

Author/s	Paul Clifton	Manager Development & Statutory Services
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/37097

Applicant

Emily Payne

Location/Address

Twilight Beach, Road Reserve, West Beach

Executive Summary

For Council to consider an application for a Traders Permit (Food Van) to be located within the Twilight Beach Road Reserve.

Recommendation in Brief

That Council refuse the traders permit for the following safety reasons:

· That traffic and pedestrian safety will be further compromised in the vicinity of West Beach and Twilight Beach Road and the carpark by the introduction of the proposed trader’s permit increasing the patronage of the carpark; and

· The potential for the attraction of additional patrons to West Beach, including tourists who are not familiar with the many hazards of West Beach, poses additional safety risks for those patrons as identified by the Coastal Risk Assessment.

Background

Westies Food Van previously operated out at Twilight Beach under a traders permit from December 2020 to January 2021, however they have requested a six (6) week trial to operate at West Beach commencing in December 2021. The application was submitted on 4 November 2021.

The application was assessed with regards to:

· Trading in Public Places Policy;

· The desirability of the proposed activity;

· The location of the proposed activity with respect to pedestrian and vehicular traffic safety and the safety of customers of the street trader and the street trader themselves;

· The appropriateness of the activity in the proposed area with respect to the character and function of the area;

· Whether the goods, services, wares or merchandise proposed to be sold are currently provided by existing and permanent outlets; and

· The competition principles set out in the National Competition Policy.

An application to trade from West Beach was previously sought and refused at the November 2017 Ordinary Council Meeting. The matter ultimately went to the State Administrative Tribunal (SAT) and the decision was upheld. This history has also been considered in assessing this application.

Officer’s Comment

The West Beach Carpark opposite Johns Street is heavily constrained in terms of siting of a permit area. The carpark is effectively divided between the Twilight Beach Road Reserve and Reserve 41141. This is depicted in the diagram below with the green shading being Reserve 41141.

Reserve 41141 is vested to the Shire of Esperance with the purpose of park and recreation. The vesting does not allow for the establishment of a trading permit area within the Reserve, thus the permit area is located within the Twilight Beach Road Reserve.

As stated previously a similar application was made to Council in late 2017 where it was refused. The applicant appealed to the State Administrative Tribunal where the matter was heard. SAT determined that the proposed traders permit should be refused as it is not the appropriate location for such an activity.

SAT made this determination based on the following safety reasons:

In essence the Shire’s refusal of the proposed traders permit was affirmed by SAT. While the proposed location of the food van is slightly different in the most recent application, it does remain in the Twilight Beach Road Reserve. The Shire remains concerned with the proximity of the proposed trading locations to the Twilight Beach carriageway given the traffic issues presented to the SAT.

Further, the locations proposed in this application has the serving area opening out into the West Beach carpark, encouraging people to congregate in the West Beach Carpark increasing risks to pedestrian safety. As the elements of this application are very similar to the 2017 traders permit application, it is considered that the above SAT reasoning should still be applied.

The Shire has received a number of enquiries over the years relating to locations where a mobile food van may operate. Information from a food safety and trading in public places perspective has been provided to all interested parties. It is explained that should a trading location not be in the policy, it will require Council consideration.

West Beach has been identified as a possible location by people wishing to establish a mobile food van business in the past, however when advised of the site constraints and the previous SAT determination further interest in this site stopped. Since 2017 no applications have been received for businesses to trade at West Beach.

Westies Food Van trialed operating from Reserve 50765 (Twilight Beach) in early 2021. An outcome from this trial was the establishment of an approved trading area within Reserve 50765. The Applicant has been advised of the option to trade from this location or, express and interest to trade at the Greater Sports Ground to provide food and beverages to people in the Overflow Camping area.

Consultation

Manager Strategic Planning and Land Projects

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are

· Food Act 2008

· Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2016

Policy Implications

Nil

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

Environmental Considerations

Nil

Attachments

a ⇩.

State Adminstrative Tribunal Orders and Decisions - 2018WASAT47

Officer’s Recommendation

That Council refuse the application for Traders Permit by Westies Food Van for the following safety reasons:

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 68

Item: 12.1.6

Museum Opening Hours Over the Summer Period 2021/22

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/37171

Applicant

Esperance Museum (internal)

Location/Address

Esperance Museum

Executive Summary

To establish operating hours for the Esperance Museum (the Museum) over the summer period 2021/22.

Recommendation in Brief

That Council support the Esperance Museum opening seven (7) days a week from 20 December 2021 until 30 January 2022.

Background

The Museum relies on volunteer staff to keep the doors open. Currently, the Museum is open from 1.30pm to 4.30pm Thursday to Sunday. Last summer, local tourism increased due to COVID-19 travel restrictions.

Council opted to have the Museum open seven (7) days a week including additional funding for staff to cover the three (3) days that the Museum would ordinarily be closed. The seven day opening proved to be very successful with the Museum’s daily income averaging in excess of $370 per day over January 2021.

Officer’s Comment

There has been strong interest from the volunteers regarding the Museum opening over the 2021/22 summer period. The Museum is viewed as a flagship tourism attraction in Esperance, located in the town center, and it is important that it be accessible to visitors over the busiest time of the year.

Through discussion, it has been established that volunteers are available to maintain a seven day (7) a week operation from 20 December 2021 through to 30 January 2022. Many of the volunteers are happy to work extra shifts over a short term period in order to provide the service. With a commitment from volunteers there will not be a need to recruit a paid staff member for this period.

However, it is clear that once school resumes in 2022, normal four (4) day a week operations will resume. As always, support for the volunteers will be provided by Shire staff over this time. While front of house paid staffing will not be required, additional cleaning costs will be incurred, as daily cleaning of the Museum will be necessary.

Consultation

Museum volunteers

Library and Culture staff

Cleaning staff

Financial Implications

The financial implications arising from this report are a marginal increase in cleaning costs at the Museum.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Facilitate and support sport, recreation, arts and cultural activities

Corporate Business Plan 2021/22 – 2024/25

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council approve the Esperance Museum opening seven (7) days a week from 20 December 2021 until 30 January 2022.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 70

Item: 12.1.7

Removal of Basic Daily Fee for Home Care Package Clients

Author/s	Monica Greatrex	Manager Aged Care & Disability Services
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/37177

Applicant

Esperance Home Care (internal)

Location/Address

Esperance Home Care

Executive Summary

For Council to consider removing the Basic Daily Fee for services provided under the Home Care Package Program at Esperance Home Care to reflect the introduction of improved payment arrangements for home care providers.

Recommendation in Brief

For Council to remove the Basic Daily Fee for client services provided under the Home Care Package Program at Esperance Home Care from the Schedule of Fees and Charges, and to give public and client notice of the discontinuation of the fee.

Background

In August 2021, the Australian Government announced changes to the way that Home Care Package Program providers are paid. The Improved Payment Arrangements (IPA) for Home Care Packages became effective from 1 September 2021 with providers now receiving funding based on actual services delivered in the previous month. Further, Services Australia will now hold any unspent client amounts.

Officer’s Comment

Prior to IPA, Esperance Home Care (EHC) received government funding monthly in advance. Any unspent amount was held by (EHC) and would be returned proportionally to the Commonwealth and the care recipient when the client no longer required the Home Care Package.

Under IPA providers can continue to ask a care recipient to pay the Basic Daily Fee which ranges from $4.00 to $10.00 per day depending on the home care package level and the number of services delivered. However, if EHC continues to charge the fee, it must first deduct this from the price reported to Service Australia prior to reimbursement.

Most providers are not charging this fee as it is not compulsory under IPA and clients rarely exceed their available package budgets. Thus, clients are disadvantaged as they are essentially paying for services the Government can be paying for in the first instance, and there will not be any care recipient portion to return when the client no longer requires the package.

Clients are already aware that they are required to pay for any services that go over their package budget.

Consultation

Esperance Home Care staff

Financial Implications

The proposal has nil budgetary impact as the Basic Daily Fee is not realised as revenue.

Asset Management Implications

Nil

Statutory Implications

Nil

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 2018/2019 – 2021/2022

C2.2 Manage Esperance Home Care

Environmental Considerations

Nil

Attachments

a ⇩.

IPA Fact Sheet

Officer’s Recommendation

That Council:

1. Remove the Basic Daily Fee for client services provided under the Home Care Package Program at Esperance Home Care from the Schedule of Fees and Charges;

2. Publically advertise the removal of the Fee from the Schedule of Fees and Charges in accordance with statutory requirements; and

3. Notify Esperance Home Care clients that the Fee will be discontinued from 1 December 2021.

Absolute Majority

Ordinary Council: Agenda

23 November 2021 Page 80

Item: 12.1.8

Trial of Trading Permit Area within Reserve 27318

Author/s	Paul Clifton	Manager Development & Statutory Services
Authorisor/s	Holly Phillips	Director External Services

File Ref: D21/37339

Applicant

Internal

Location/Address

Lot 991 on Plan 220456 - Reserve 27318 for the purpose of Recreation with a Management Order to Shire of Esperance with power to lease.

Executive Summary

For Council to consider approving a trial of a trading location within Reserve 27318 to enable a mobile food van to trade over the weekends of December 2021 and February 2022.

Recommendation in Brief

That Council:

1. Approve a trial of trading for a mobile food van to sell coffee, tea, biscuits and cakes from within Reserve 27318 on weekends during 1 December 2021 and 28 February 2022;

2. Charge the Mobile Food Business fee on a pro-rata basis to suit the proposed timeframe; and

3. Report back to Council on any outcomes of the trial as part of the review process of EXT 030 Trading in Public Places Policy.

Background

The Shire has the ability to lease land within Reserve 27318 which has seen the establishment of four (4) lease areas within the Jetty Headland area as shown on the below image.

As Council would be aware, the local businesses of Coffee Cat and Sir Juice have recently placed customer pods in their lease areas.

Coffee Cat operates between the hours of 6.45am and 2.00pm Monday to Friday, and occasionally on public holidays. Sir Juice operates between the hours of 9.00am and 3.00pm Monday to Friday, 9.00am and 2.00pm on Saturday, and is closed on Sunday.

It is evident that people visiting the Jetty Headland are unable to purchase caffeinated refreshments and minor snacks over the weekend as Coffee Cat is closed on both Saturday and Sunday, and Sir Juice does not sell coffee.

Officer’s Comment

Clause 6.6 of the Activities in Thoroughfares and Public Places and Trading Local Law 2016 (Local Law) outlines the conditions which may be included on a Traders Permit, these include:

a. the place, the part of the district, or the thoroughfare to which the permit applies;

b. the days and hours during which a permit holder may conduct a stall or trade;

c. the number, type, form and construction, as the case may be, of any stand, table, structure or vehicle which may be used in conducting a stall or in trading;

d. the goods or services in respect of which a permit holder may conduct a stall or trade;

e. the number of persons and the names of persons permitted to conduct a stall or trade;

f. the requirement for personal attendance at the stall or the place of trading by the permit holder and the nomination of assistants, nominees or substitutes for the permit holder;

g. whether and under what terms the permit is transferable;

h. any prohibitions or restrictions concerning the –

i. causing or making of any noise or disturbance which is likely to be a nuisance to persons in the vicinity of the permit holder;

ii. the use of amplifiers, sound equipment and sound instruments;

iii. the use of signs; and

iv. he use of any lighting apparatus or device;

i. the manner in which the permit holder's name and other details of a valid permit are to be displayed;

j. the care, maintenance and cleansing of the stall or any structure used for trading and the place of the stall or any structure;

k. the vacating of the place of a stall or trading when the stall is not being conducted or trading is not being carried on;

l. the acquisition by the stallholder or trader of public risk insurance;

m. the period for which the permit is valid;

n. the designation of any place or places where trading is wholly or from time to time prohibited by the local government; and

o. any other conditions as the local government may apply.

EXT 030 Trading in Public Places Policy (the Policy) draws on the elements of Clause 6.6 of the Local Law identifying the locations where trading may occur by establishing approved trading locations.

As lease areas have been considered bricks and mortar businesses, a 300m trading buffer has been implemented. The proposed trading permit location is inconsistent with Section 3.1 (General Location and Siting Requirements) of the Policy. Pursuant to Clause 3.1.3 of the Policy, mobile food vendors are not (to trade) within 300m of a permanent food business during its normal hours of operations.

The 300m distance between mobile food vendors and established food premises is an arbitrary measure set by Council and so can be amended should it be considered necessary. The proposal could be used to elicit views to amend this measure in future reviews of the Policy.

Whilst there are a number of established food businesses that operate within 300m of the proposed location, it is proposed that the ability to trade within the trial period is only for weekends whilst the Coffee Cat is closed.

A number of food businesses have indicated that they may be unable to cope with the expected visitor influx over the upcoming summer period, and this proposal may assist with meeting the demand for caffeinated refreshments.

Should the trial of trading permit area be approved, an Expression Of Interest (EOI) will be sought from interested parties to trade from the location within the specified times. The EOI will denote that there will be no power or water supplied and traders will need to be self-sufficient in the area.

Option One

That Council:

1. Approve a trial of trading for a mobile food van to sell coffee, tea, biscuits and cakes from within Reserve 27318 on weekends between 1 December 2021 and 28 February 2022;

2. Charge the Mobile Food Business fee on a pro-rata basis to suit the proposed timeframe; and

3. Report back to Council on any outcomes of the trial as part of the review process of EXT 030 Trading in Public Places Policy.

Option Two

That Council maintain the current status quo.

Consultation

Nil

Financial Implications

The proposed trial will generate a marginal increase in revenue for pro-rata fees associated with Mobile Food Businesses.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are

Food Act 2008

Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2016

EXT 030 Trading in Public Places Policy

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

Nil

Officer’s Recommendation

That Council:

1. Approve a trial of trading for a mobile food van to sell coffee, tea, biscuits and cakes from within Reserve 27318 on weekends between 1 December 2021 and 28 February 2022;

2. Charge the Mobile Food Business fee on a pro-rata basis to suit the proposed timeframe; and

3. Report back to Council on any outcomes of the trial as part of the review process of EXT 030 Trading in Public Places Policy.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 84

12.2 Asset Management

Item: 12.2.1

Proposed Road Dedication - Intersection of Burnside Road and Swann Road

Author/s	Jeanette Appleby	Supervisor Asset Administration
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D21/26460

Applicant

Internal

Location/Address

Intersection of Burnside Road and Swann Road, Salmon Gums

Executive Summary

For Council to consider a portion of Lot 370 Burnside Road and portion of Lot 371 Swann Road, Salmon Gums to be dedicated as road reserve.

Recommendation in Brief

That Council

1. Support the dedication of a portion of Lot 370 on Plan 202821 and a portion of Lot 371 on Plan 202821 as a road reserve.

2. Request the Minister of Lands to dedicate:

a. The 6772.9m² portion of land being portion of Lot 370 on Plan 202821 as a road reserve;

b. The 2654.7m² portion of land being portion of Lot 371 on Plan 202821 as a road reserve; and

3. Advise the Minister of Lands that the Shire will cover all costs and expenses reasonably incurred in considering and granting the request.

Background

The Shire has a long term program to stagger rural road intersections throughout the Shire of Esperance to improve road safety. The intersection at Burnside Road and Swann Road is being converted from a cross road to a staggered intersection with funding under the State Black Spot Program. As part of this project it is required to dedicate 6772.9m² of land being portion Lot 370 and 2654.7m² of land being portion Lot 371 on Diagram 202821 to a road reserve. A plan of this is included in attachment A and B.

Officer’s Comment

Shire officers have already negotiated the acquisition of the portion required Lot 370 and 371 on Diagram 202821 with the property owners, the next step required is to dedicate these portions of land into a road reserve. Should the road dedication be supported, a request will need to be made to the Minister for Lands under Section 56 - Land Administration Act 1997.

Consultation

Discussions were held with the Department of Planning, Lands and Heritage – Lands to determine the process required to facilitate the request.

Financial Implications

The financial implications arising from this report will be for a licenced surveyor to process the request, which is budgeted for within the project.

Statutory Implications

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

Deliver a diverse, efficient and safe transport system

Environmental Considerations

Nil

Attachments

a ⇩.	Portion of Lot 370 Burnside Road Salmon Gums
b ⇩.	Portion of Lot 371 Swann Road Salmon Gums

Officer’s Recommendation

That Council

1. Support the dedication of a portion of Lot 370 on Plan 202821 and a portion of Lot 371 on Plan 202821 as a road reserve.

2. Request the Minister of Lands to dedicate:

a. The 6772.9m² portion of land being portion of Lot 370 on Plan 202821 as a road reserve;

b. The 2654.7m² portion of land being portion of Lot 371 on Plan 202821 as a road reserve; and

3. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 89

Item: 12.2.2

Proposed Road Dedication - Intersection of Liebeck Road and Kendal Road

Author/s	Jeanette Appleby	Supervisor Asset Administration
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D21/31826

Applicant

Internal

Location/Address

Intersection of Liebeck Road and Kendall Road, Scaddan

Executive Summary

For Council to consider a portion of Lot 956 on Kendal Road, Scaddan to be dedicated as a road reserve.

Recommendation in Brief

That Council;

1. Support the dedication of a portion of Lot 956 on Plan 202839 as road reserve;

2. Request the Minister of Lands to dedicate the 7142.5m² portion of land being portion of Lot 956 on Plan 202839 as a road reserve; and

3. Advise the Minister of Lands that the Shire will cover all costs and expenses reasonably incurred in considering and granting the request.

Background

The Shire has a long term program to stagger rural road intersections throughout the Shire of Esperance to improve road safety. The intersection at Liebeck Road and Kendal Road has been converted from a cross road to a staggered intersection with funding under the State Black Spot Program. As part of this project it is required to dedicate 7142.5m² of land being portion Lot 956 on Plan 202839 to a road reserve. A plan of this is included in attachment A.

Officer’s Comment

Shire officers have already negotiated the acquisition of the portion Lot 956 on Plan 202839 with the property owners, the next step required is to dedicate this portion of land into a road reserve. Should the road dedication be supported, a request will need to be made to the Minister for Lands under Section 56 of the Land Administration Act 1997.

Consultation

Discussions were held with the Department of Planning, Lands and Heritage – Lands to determine the process required to facilitate the request.

Financial Implications

The financial implications arising from this report will be for a licenced surveyor to process the request, which is budgeted for within the project.

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

Deliver a diverse, efficient and safe transport system

Environmental Considerations

Nil

Attachments

a ⇩.

Proposed Staggered Intersection - Kendall and Liebeck Roads

Officer’s Recommendation

That Council;

1. Support the dedication of a portion of Lot 956 on Plan 202839 as road reserve;

2. Request the Minister of Lands to dedicate the 7142.5m² portion of land being portion of Lot 956 on Plan 202839 as road reserve; and

3. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 93

Item: 12.2.3

Proposed Road Dedication - Intersection of Fagan Road and Quast Road

Author/s	Jeanette Appleby	Supervisor Asset Administration
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D21/32816

Applicant

Internal

Location/Address

Intersection of Fagan Road and Quast Road, Salmon Gums

Executive Summary

For Council to consider a portion of Lot 1002 Quast Road to be dedicated as a road reserve.

Recommendation in Brief

That Council;

1. Support the dedication of a portion of Lot 1002 on Diagram 203623 as road reserve;

2. Request the Minister of Lands to dedicate the 5869.6m² portion of land being portion of Lot 1002 on Diagram 203623 as a road reserve; and

3. Advise the Minister of Lands that the Shire will cover all costs and expenses reasonably incurred in considering and granting the request.

Background

The Shire has a long term program to stagger rural road intersections throughout the Shire of Esperance to improve road safety. The intersection at Fagan Road and Quast Road is being converted from a cross road to a staggered intersection with funding under the State Black Spot Program. As part of this project it is required to dedication of 5869.6m² of land being portion Lot 1002 on Diagram 203623 to a road reserve. A plan of this is included in attachment A.

Officer’s Comment

Shire officers have already negotiated the acquisition of the portion required Lot 1002 on Plan 203623 with the property owner, the next step required is to dedicate this portion of land into a road reserve. Should the road dedication be supported, a request will need to be made to the Minister for Lands under Section 56 of the Land Administration Act 1997.

Consultation

Discussions were held with the Department of Planning, Lands and Heritage – Lands to determine the process required to facilitate the request.

Financial Implications

The financial implications arising from this report will be for a licenced surveyor to process the request, which is budgeted for within the project.

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

Deliver a diverse, efficient and safe transport system

Environmental Considerations

Nil

Attachments

a ⇩.

Quast - Fagan Road - Proposed Staggered Intersection

Officer’s Recommendation

That Council;

1. Support the dedication of a portion of Lot 1002 on Plan 203623 as road reserve;

2. Request the Minister of Lands to dedicate the 5869.6m² portion of land being portion of Lot 1002 on Plan 203623 as road reserve; and

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 96

Item: 12.2.4

Lot 12 Kirwan Road - Trees

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

File Ref: D21/36704

Applicant

Internal

Location/Address

Lot 12 Kirwan Road Merivale.

Executive Summary

For Council to consider harvesting the blue gum trees on Lot 12 Kirwan Road Merivale.

Recommendation in Brief

That Council request the Chief Executive Officer to issue a tender for the disposal of blue gum trees on Lot 12 Kirwan Road Merivale.

Background

The Shire purchased Lot 12 Kirwan Road Merivale (Kirwan Road) for the potential of a landfill site in 2017. Since this time the landfill proposal for Kirwan Road has been abandoned. At the August 2020 Ordinary Council Meeting, Council resolved the following motion regarding how to deal with Lot 12 Kirwan Road:

That Council retain Lot 12 Kirwan Road for gravel extraction purposes for 3-5 years and reassess the wood chip market in the second half of 2021.

In regards to the gravel, it is estimated there is over 1,000,000 m³ of gravel on Kirwan Road and the economic benefit of keeping Kirwan Road purely for gravel extraction for Shire projects is over $150,000 per year.

In regards to the wood chip market, it has once again picked up from its lull experienced 12 months ago when Council made the previous motion. Since this time the Local Government Insurance Scheme (LGIS) who are the Shire’s insurance broker, have been unable to find an insurer for the planation at Kirwan Road, since our current insurer withdrew from the market due to significant losses. Given this, the planation in now not insured with the policy lapsing on the 7 October 2021.

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

Lay this matter on the table until the November Ordinary Council Meeting to get further clarification.

Shire Officers have investigated the possibility of obtaining insurance through another underwriter, who have advised they have reached their quota limit, and would not be able to underwrite anything further until their quota limit is reset on the 1^st April 2022.

Officer’s Comment

In consideration of the improvement in the wood chip market, officer’s recommend we start the disposal (sale) of the blue gum trees as soon as possible. It is also recommend to undertake the disposal via a Public Tender so that sale can accommodate market conditions.

If Council resolve the officer’s recommendation, the results of the public tender would be presented back to Council for determination.

Consultation

LGIS

Financial Implications

The plantation is now an uninsured asset on the Shires books.

Asset Management Implications

Nil

Statutory Implications

Council Delegation to the CEO

Delegation 1.10 Disposing of property (s.3.58)

Conditions:

2. The Chief Executive Officer is limited to determining disposals of property (including land assets) for any single project, or where not part of a project a single event, to an aggregated maximum material value of $500,000.

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.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council request the Chief Executive Officer to issue a Public Tender for the disposal of blue gum trees on Lot 12 Kirwan Road Merivale.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 99

Item: 12.2.5

Proposed Land Swap and Road Dedication - Telegraph Road Monjingup

Author/s	Jeanette Appleby	Supervisor Asset Administration
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D21/32754

Applicant

Internal

Location/Address

Lot 11 on D088232 Telegraph Road Monjingup

Executive Summary

For Council to consider a land swap and road dedication for Lot 11 Telegraph Road Monjingup, to realign the road reserve.

Recommendation in Brief

That Council;

1. Support the land swap including the dedication of a 16,698.10m² portion land being excised from Lot 11 on Diagram 88232 CT 2023/944 for road reserve, and the inclusion of 18,055.81m² portion of Road – ID 111 into freehold land being Lot 11 on Diagram 88232 CT 2023/944;

2. Request the Minister of Lands agree to a land swap of an approximate 16,698.10m² portion of land from private ownership being Lot 11 on Plan 202821 and dedication as a road reserve under Section 56 (1) (a) of the land Administration Act 1997 and the inclusion of 18,055.81m² portion of Road – ID 111 into freehold land being Lot 11 on Diagram 88232 CT 2023/944; and

3. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

Background

A portion of Telegraph Road has been built on private land sometime in the past, as it was a more direct alignment. This can create issues if there is an accident on that portion of road or the land owner restricts access. To fix this a mutually beneficial land swap with the landowner that will reduce the Shires risk associated with having a Shire road built on private land has been proposed.

The land swap would include the dedication of a 16,698.10m² portion land being excised from Lot 11 on Diagram 88232 CT 2023/944 for road reserve. This will remove a portion of the current Telegraph Road from private ownership. In return the private landowner will receive a 18,055.81m²portion of unmade Road - ID 11 to be included within freehold land being Lot 11 on Diagram 88232 CT 2023/944. A plan is included in Attachment A.

Officer’s Comment

Shire Officers have negotiated with the property owner, who has agreed to the land swap proposal. Should the road swap and dedication be supported, a request will need to be made to the Minister for Lands under Section 56 - Land Administration Act 1997.

Consultation

Discussions were held with the Department of Planning, Lands and Heritage – Lands to determine the process required to facilitate the request.

Financial Implications

The financial implications arising from this report are the costs to undertake the licenced surveying of the land, this will be funded via the road maintenance budget allocation.

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

Deliver a diverse, efficient and safe transport system

Environmental Considerations

Nil

Attachments

a ⇩.

Survey Diagram - Land Swap Telegraph Road

Officer’s Recommendation

That Council;

1. Support the land swap including the dedication of a 16,698.10m² portion land being excised from Lot 11 on Diagram 88232 CT 2023/944 for road reserve, and the inclusion of 18,055.81m² portion of Road – ID 111 into freehold land being Lot 11 on Diagram 88232 CT 2023/944;

2. Request the Minister of Lands agree to a land swap of a 16,698.10m² portion of land from private ownership being Lot 11 on Plan 202821 and dedication as a road reserve under Section 56 (1) (a) of the land Administration Act 1997 and the inclusion of 18,055.81m² portion of Road – ID 111 into freehold land being Lot 11 on Diagram 88232 CT 2023/944; and

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 103

12.3 Corporate & Community Services

Item: 12.3.1

Esperance Golf Club Lease Renewal Request

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/33833

Applicant

Esperance Golf Club (Inc.)

Location/Address

Lots 527 and 529 Norseman Road, Reserve 38227

Executive Summary

For Council to consider entering into a new lease with the Esperance Golf Club for Lots 527 and 529 Norseman Road, Reserve 38227.

Recommendation in Brief

That Council enter into a new lease with the Esperance Golf Club for Lots 527 and 529 Norseman Road, Reserve 38227.

Background

The Esperance Golf Club has been leasing the current premises since 1983. The initial lease was due to expire in 2003, however was renewed in 2001 due to the Club applying for a self-supporting loan for course improvements.

The Club has received approval in the Shire’s 2021/22 community grants program for their project to automate the reticulation system which will increase efficiencies for their grounds maintenance.

The current lease is due to expire in November 2021 and the Club has requested to renew the lease for a further term of 20 years or the maximum allowed.

Officer’s Comment

There have been some structures identified on the site which have not received approvals prior to their construction, being 3 golf cart sheds and some patio extensions to the caretaker’s residence.

Our Compliance Officer has commenced discussion with the Club to ensure these structures are reviewed in order to resolve these issues. This will involve the Club submitting a development approval and engaging a private building surveyor to obtain a certificate of building compliance for the unauthorised structures.

As this process can be quite lengthy, it is not seen as a barrier to the Club being offered a new lease for the premises provided they continue to work toward resolving the above compliance concerns.

The current lease is registered with Landgate and will be required to be surrendered upon expiry. It is expected that the Club will be responsible for this cost.

Consultation

Esperance Golf Club

Manager Strategic Planning and Land Projects

Manager Parks and Reserves

Coordinator Building Services

Coordinator Environmental Health

Compliance Officer

Community Development and Events Coordinator

Financial Implications

Annual lease fee $110 Inc GST

Lease preparation fee of $132 Inc GST

Landgate surrender fee $178.20 Inc GST

Asset Management Implications

Nil – Buildings on site are the responsibility of the Club with regard to maintenance, insurance and renewal.

Statutory Implications

Local Government Act 1995 – s.3.58 Disposing of Property

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

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

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

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 2021/22 – 2024/25

Manage Shire Leases and Insurance

Environmental Considerations

Site is located adjacent to RAMSAR wetlands.

Attachments

a ⇩.

Request for Lease - Esperance Golf Club

Officer’s Recommendation

That Council enters into a lease with the Esperance Golf Club (Inc.) for Lots 527 and 529 Norseman Road, Reserve 38227, subject to;

1. Department of Lands’ approval;

2. Term of the lease being 20 years;

3. Annual lease fee to be $110 Inc GST;

4. Lease preparation fee of $132 Inc GST being payable;

5. The Club submitting a development application for unauthorised structures on site; and

6. A request being lodged at Landgate to surrender the expiring lease with the Club to be responsible for lodgement costs.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 107

Item: 12.3.2

Policy Review - Human Resources

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/34777

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the section of the Policy Manual that relates to Human Resources.

Recommendation in Brief

That Council adopt the Human Resources policies inclusive of amendments, inclusions and deletions as reviewed.

Background

A review of Council Policies is recommended to take place every two years, in line with Council elections to ensure that the Policies are in keeping with community expectations, relevance and current requirements.

Officer’s Comment

The following is a summary of recommended changes to the existing Human Resources Policies. Please refer to Attachment A for details.

Ref No.	Policy Name	Recommended Amendment
HR 001	Motor Vehicles	No change
HR 002	Staff Entitlements	No change
HR 003	Staff Retention & Recruitment	No change
HR 004	Staff Annual and Long Service Leave Management	No change
HR 005	Recognition of Long-Term Service	No change
HR 007	Equal Opportunity, Discrimination, Harassment & Bullying	No change
HR 008	Emergency Volunteer and Reserve Services Leave	No change
HR 009	Jury Duty	No change
HR 010	Occupational Safety & Health	No change – to be reviewed following changes to WHS legislation
HR 011	Termination of Employment	No change
HR 012	Gratuity Payment and Farewell Gifts to Employees	No change
HR 013	UV & Clothing	No change
HR 014	Workplace Drug and Alcohol Use	No change
HR 015	CEO Performance Review	No change
HR 016	Volunteer Management	No change
HR 017	Temporary Employment or Appointment of CEO	Insert clause numbering for reference

Consultation

Manager Human Resources

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s.2.7(2)(b) Determine the Local Government’s Policies

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 2021/22 – 2024/25

Provide leadership and direction to implement the Corporate Business Plan.

Environmental Considerations

Nil

Attachments

a ⇩.

Reviewed HR Policies - 2021

Officer’s Recommendation

That Council adopt the Human Resources policies inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 165

Item: 12.3.3

Rates Exemption Application

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

File Ref: D21/35031

Applicant

Mudjar Aboriginal Corporation formerly known as Esperance Nyungar Aboriginal Corporation (ENAC)

Location/Address

4 Woods Street Chadwick WA 6450

Executive Summary

For Council to consider granting a rates exemption under Section 6.26(2) (g) of the Local Government Act 1995 (WA) ‘land used exclusively for charitable purposes’ at 4 Woods street Chadwick (Assessment 17913) used by Mudjar Aboriginal Corporation (MAC).

Recommendation in Brief

That Council grant a rates exemption under Section 6.26(2)(g) of the Local Government Act 1995 (WA) from 1 July 2021 for 4 Woods Street, in the name of Esperance Nyungar Aboriginal Corporation (ENAC).

Background

An application for a rates exemption was received from Kylie Ryan (Corporation Manager for MAC) on 17 September 2021, for Council to consider a rates exemption for 4 Wood Street Chadwick.

ENAC have recently had a name change to Mudjar Aboriginal Corporation (MAC). (Attachment A).

MAC are a not for profit, public benevolent institution and have declared that the property of 4 Woods Street is being used ‘exclusively’ for charitable purposes. (Attachments B & C).

MAC is an Aboriginal community controlled organisation. Their directors are Aboriginal elders from the Nyungar, Ngadju and Wongi regions. On a daily basis they use the property to carry out the following activities:-

1. Community Crime Prevention Project- Focuses on engaging the youth (aboriginal and non-aboriginal) who are at risk of disengaging from school and are in trouble with the law, using activities such as woodwork, art & craft and gardening. This is funded through grants.

2. Repay WA Host- Provides opportunities for aboriginal and non-aboriginal people to carry out their community hours through engagement in meaningful projects and programs. This is a non-funded project.

3. Workforce Development Permit (WDP) Scheme Sponsor- This is similar to Repay WA but allowing aboriginal and non-aboriginal people to work off their court mandated fine debts through engaging in activities at MAC. This is a non-funded project.

4. Cultural Awareness- Delivers workshops and education to a variety of groups to increase awareness and understanding of aboriginal culture and history. MAC has sourced funding through grants to support this program. Contributions may be made by participants to cover costs. Aboriginal facilitators are utilised and paid to deliver this education.

5. Work Experience/Placement- MAC provides opportunities for Wongutha CAPS students to carry out their experience/placement requirements at our premises as part of completing their certificates in horticulture. MAC has also provided internships for aboriginal people as gallery and administration assistants. MAC provide workshop space for local aboriginal people to come and create art. They can then sell their created art and crafts in MAC’s gallery as a means of generating financial income for themselves.

The ultimate objective of the organisation is to provide programs and projects that deliver services for Aboriginal and Non-Aboriginal people that provide opportunities for them to be supported to improve their lives.

Officer’s Comment

Section 6.26(2) (g) of the Local Government Act 1195 (WA) provides that ‘land used exclusively for charitable purposes’ is not ratable by Local Government.

Mere ownership of land by a charitable organisation does not in itself bring that land within the scope of Section 6.26(2) (g). It is only where the use of the land is for a charitable purpose that the sub-section applies. In this instance MAC are using the land at 4 Woods Street Chadwick solely for the purpose of their not for profit organization, providing the Aboriginal and Non-Aboriginal people of our community with the support they need to improve their lives.

They have supported their application with the following:-

1. Completed application for rates exemption.

2. The organisations Rule book (attachment B)

3. Charitable Activities Summary (Attachment D)

Consultation

Information received from the applicant.

Local Government Act 1995 (WA)

Financial Implications

The calculated rate for 2021/22 financial year amount to $3,131.30 and $80.00 waste rate.

Rubbish and ESL charges will remain due and payable.

Asset Management Implications

Nil

Statutory Implications

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

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

Corporate Business Plan 2021/22 – 2024/25

4.5.15 Manage Financial Service

Environmental Considerations

Nil

Attachments

a ⇩.	ENAC Name Change
b ⇩.	MAC Rule Book
c ⇩.	MAC Rule Book Item 10
d ⇩.	MAC Charitable Activities Summary

Officer’s Recommendation

That Council grant a rates exemption under Section 6.26(2) (g) of the Local Government Act 1995 (WA) from 1 July 2021 for 4 Woods Street, in the name of Esperance Nyungar Aboriginal Corporation (ENAC).

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 199

Item: 12.3.4

Self Supporting Loan - Esperance Bay Yacht Club

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

File Ref: D21/35784

Applicant

Esperance Bay Yacht Club

Location/Address

The Esplanade, Esperance

Executive Summary

This report recommends approval of a new self-supporting loan of $750,000 for the purpose of a marina upgrade for the Esperance Bay Yacht Club.

Recommendation in Brief

That Council agrees to provide a self-supporting loan of $750,000 to Esperance Bay Yacht Club for a term of 15 years to contribute towards a marina upgrade. Council must also secure guarantors from the club.

Background

In January 2021 a report was presented to Council requesting Council’s support in-principle a self-supporting loan up to $800,000 for Esperance Bay Yacht Club (EBYC) to go towards Taylor Street Marina Upgrade and provide a letter of support to Building Better Regions Fund for the project, Council Resolution O0121-008: -

“That Council

1. Support in-principle a self-supporting loan up to $800,000 for Esperance Bay Yacht Club to assist in funding the Taylor Street Marina Upgrade.

2. Provide a letter of support for the Taylor Street Marina Upgrade to Building Better Regions Fund.”

EBYC have recently been advised they were successful in securing $2,094,770 from Round 5 of the Building Better Regions Fund to upgrade the marina.

In response to this fantastic news EBYC are now in a position to commence their much anticipated project and have requested the self supporting loan for $750,000. The loan will be split into 3 x $250,000 loans and EBYC have provided 17 guarantors to spread over the 3 loans.

The new loan was included in the 2021/2022 budget so there will be no requirement to provide one month’s public notice.

Currently EBYC have 2 self-supporting loans with the Shire of which at 30 June 2021 there was $294k and $31k outstanding. They were raised in 2013 and 2018 respectively. The club has always met their loan repayment requirements by the due date for these loans and previously expired loans.

Officer’s Comment

In making determination with regards to this self supporting loan application the repayment ability and security need to be addressed.

Repayment Ability: Audited financial statements for the last 3 years have been provided in support of the application. Actually 6 years’ worth of audited financial statements data is available due to a self-supporting loan application in November 2018. Without excluding non-cash expenses (depreciation) the club’s net profit has comfortably been well in excess of current loan repayments.

The repayment commitments for the new loan will be approximately $62,000 per annum based on current day interest rates.

The EBYC’s Taylor Street Marina Upgrade Business Plan (Plan) reports that the marina upgrade will increase the number of pens from 32 to 52. The marina is fully occupied and there is current demand for a further 15 pens. These boats are either moored in the bay, berthed at Bandy Creek, or dry docked. One pen remains vacant to be available for visiting vessels. There have also been numerous more enquiries over the past few years requesting a pen. With this in mind EBYC are expecting on completion of the project the occupancy will immediately be at 100%.

The Plan outlines the marina fees will increase by approximately $95,000 per annum after project completion. There is also the expectation that the marina annual repairs and maintenance expenditure will decline with the upgrade.

EBYC’s balance sheet at 20 June 2021 confirms that the club has two current loans, which were both raised as self-supporting loans through the Shire as mentioned above.

Therefore with continued annual net profit, increase in pen fees, reduction in marina maintenance costs and assuming no significant changes, the EBYC are in a good position to service the loan.

Security: Standard practice for a self-supporting loan is that personal guarantors are sought from within the membership group who will benefit from the loan provision. EBYC has provided a list of 17 guarantors. Loan documents between the Shire and the club must be signed along with all guarantors before any funds are released.

The club has had other self-supporting loans in the past and always met their loan repayment requirements by the due date.

Consultation

Western Australian Treasury Corporation

Financial Implications

All self-supporting loans are included as a total liability of the Shire regardless of any loan agreements and guarantors that it has with community group or club. This means that any increases in self-supporting loans will decrease the borrowing capacity of the Shire.

Asset Management Implications

Nil

Statutory Implications

Section 6.20(1) of the Local Government Act (1995) provides the power to borrow. Section 6.20(2) requires that where the establishment of a loan occurs outside the budget adoption process, that one month’s public notice of the proposal be given and must be resolved by an absolute majority.

Policy Implications

The policy implications arising from this report are CORP 002: Financial Management. Council will consider loan funding that is prudent and within guidelines and ratios as identified by the Department of Local Government. Loan funding will be guided by those loans that are proposed in the Long Term Financial Plan. An exception to this is self-supporting loans.

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 2021/22 – 2024/25

Manage Financial Services

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council:

1. Provide a self-supporting loan of $750,000 to Esperance Bay Yacht Club for a term of 15 years for the purpose of their marina upgrade

2. Secure personal guarantors for the loan from Esperance Bay Yacht Club.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 November 2021 Page 202

Item: 12.3.5

Waive Rates for Common Property A/76505

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

File Ref: D21/35826

Applicant

Seaview Villas Body Corporation

Location/Address

Lot 16 76-77 The Esplanade, Esperance

Executive Summary

For Council to consider to waive rates under Section 6.47 of the Local Government Act 1995 (WA) as a solution to land that should be classified common property, therefore non-rated.

Recommendation in Brief

That Council;

1. Deem rates for Lot 16 on Plan 17291 as non-ratable land in accordance to Section 6.47 of the Local Government Act 1995 (WA) as the land should be common land, and therefore non-ratable.

2. Reverse all levies raised since May 2016.

Background

Seaview Villas Body Corporation (SVBC) is a strata development on the Esplanade, comprising of 20 units. Access to the villas is via Lot 16 which is in the ownership of Scotia Nominees Pty Ltd, the original developer. The final stage of the development was completed around 1994 at which time it was the intent of all parties of the development that Lot 16 be transferred to SVBC to form common property.

The developer suffered both financial and personal difficulties in the years following the completion of the 20 units, which to this day has prevented the necessary transfer taking place. Had this occurred, Lot 16 would have become part of the common property of the strata development providing individual unit owners the lawful access and not been subject to further rates.

As a consequence of the transfer not being lodged, the Valuer Generals Office maintained the minimal gross rental value (GRV) of $20 on the property.

As rates were being raised, this issue was addressed in 2008 when Council Resolved;-

“That Council, subject to receiving an executed land transfer document between Scotia Nominees Pty Ltd and Seaview Villa’s Body Corporate.

1. Accepts the offer submitted by the Seaview Villas Body Corporate to make a payment of $1,914.08 representing 50% of outstanding rates on A/76505.

2. Writes off a portion of rates outstanding on Lot 16, 76-77 The Esplanade, Esperance. Scotia Nominees Pty Ltd A/76505 totalling $1,900.08.

3. Amends Lot 16,76-77 The Esplanade, Esperance to non-rateable from 1^st July 2008 until transfer of land is register to Landgate.”

It is noted the steps 1 to 3 were all carried out, but there were no executed land transfer document between Scotia Nominees Pty Ltd and (SVBC).

In May 2016 the Body Corporate Manager for (SVBC) was notified that Lot 16 on Plan 17291 is still rateable land and rates should have been raised since 2008. The Shire then issued an interim, back rating the levies 5 years as per Section 6.39 of the Local Government Act 1995 (WA).

After communicating with ASIC (Australian Securities and Investments Commission) we were informed that Scotia Nominees are now a deregistered company and can only transfer the land if the company was to re-register. This was no longer an option.

ASIC expressed that they take no responsibility for de-registering a company that still has land titles in their name.

In May 2017, it was discussed between Rodger Greenhill (Committee member for SVBC), their Solicitor and the Shire that given the circumstances our only logical answer would be to raise the rates for 3 years and then take possession of this land under Section 6.64 of The Local Government Act 1995 (WA) with the intent to sell this land for $1.00 to the SVBC.

In July 2021 the Shire sourced quotes for the sale by public auction, as this is a pre-requisite to taking possession of the land, but this proved to be a costly exercise. Therefore, SVBC could not cover this cost.

The Shire made another attempt in contacting ASIC (Australian Securities and Investments Commission) to see if there were any options we had not been made aware of. It was found that SVBC could make an application to ASIC Property Law Group to transfer the hand held by ASIC to the SVBC as the land was not desirable to ASIC.

Maya Choppra, Body Corporate Manager for (SVBC) begun the application with the assistance of the Shire’s rates department. Lot 16 is encumbered by a drainage easement to the Shire and you cannot transfer land to common property while it is encumbered.

After researching removing the drainage easement with the assistance of the Manager of Strategic Planning and Land Projects, it was found that Lot 16 on SP 17291 is an existing strata lot and the process to convert Lot 16 to common property is known as a Type 1(b) subdivision, enlargement of common property by conversion of a lot. In order to do this the owner needs to consent to the conversion which has been made impossible to achieve as the company that owns the strata lot has been deregistered. Irrespective of the ownership of the lot being problematic, a multi lot easement also exists on a portion of the lot that would need to be removed before any change could occur which is also an impediment to the conversion of the land into common property.

Officer’s Comment

As the rates department and the SVBC have exhausted all attempts to transfer this land, it seems there is no possible way to achieved this.

It is noted that, had the land been processed correctly on completion of the development in 1994 then no income would have been generated, and neither should it moving forward.

Officer’s recommendation is to waive rates for this common property deeming the land non-ratable as this seems the only solution available to the Shire.

Section 6.47 of the Local Government Act 1995 (WA) provides that “Subject to Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or a at a later date waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge”.

*Absolute Majority Required*.

Consultation

Local Government Act 1995 (WA)

Manager Strategic Planning and Land Projects

Landgate

Australian Securities and Investments Commission (ASIC)

Financial Implications

This land should not have been rated. The current outstanding rates, as rates were raised and back dated in 2016 is $15,958.27.

Asset Management Implications

Nil

Statutory Implications

Section 6.47 of the Local Government Act 1995 (WA)

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

Corporate Business Plan 2021/22 – 2024/25

4.5.15 Manage Financial Service

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council;

1. Deem rates for Lot 16 on Plan 17291 as non-rateable in accordance to Section 6.47 of the Local Government Act 1995 (WA) as the land should be common land and therefore non-rateable.

2. Reverse all levies raised since May 2016.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 November 2021 Page 205

Item: 12.3.6

Application for Short Term Adjustment to Retail Trading Hours

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/36884

Applicant

Woolworths Supermarkets

Location/Address

N/A

Executive Summary

A request for additional trading hours over the Christmas / New Year Period has been received from Woolworths Supermarkets.

Recommendation in Brief

That the requested additional trading days be endorsed by Council with application to be made to the Department of Commerce for these changes to apply to the whole of the Esperance Shire.

Background

An application has been received by Woolworths for several additional trading days after Christmas this year (see Attachment A), with support for the additional days confirmed by the Esperance Chamber of Commerce and Industry (see Attachment B).

Christmas Trading Hours in Esperance were permanently changed to the current extended days and hours in 2014. This was done through extensive consultation within our local community. At the time there was no appetite for any additional hours or days following Christmas.

With the increase in tourist number last year a similar application was received from Charter Hall (operators of the Boulevard Shopping Centre) which was supported by Council and approved by the Minister.

Officer’s Comment

The request by Woolworths Supermarkets is considered reasonable this year given both the number of closed days that result after Christmas, due to the placement of both public holidays and Sundays and the expectation of a higher number of visitors in town than normal. In addition, support has been received from the Esperance Chamber of Commerce and Industry, which is a required element of any application.

The recommendation proposes that any trading extension is applicable to the entirety of the Shire rather than just Woolworths (as per the application received) to ensure all businesses in town are on a level playing field. It is important to note that an extension to retail trading hours provides an opportunity for traders to open for the additional period, not a requirement that they do so.

The majority of retailers in town do currently have the capacity to receive an exemption to open at any time, provided they meet the Department of Commerce’s definition of a small retail business and have applied for an exemption certificate.

Endorsement of this recommendation by Council doesn’t confirm a change, it simply provides the mechanism to apply to the State Government, with the Minister for Commerce being the decision-making body.

Consultation

This application has been discussed with the Executive Officer of the Esperance Chamber of Commerce and Industry, who has advised that it was debated by the Chamber Board who have no objection to the requested extension.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are governed by the Retail Trading Hours Act 1987. Any change (both temporary and permanent) requires recommendation by the relevant local government and approval by the Minister for Commerce.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Support our businesses to grow, adapt and assist in building capacity

Develop partnerships to strengthen economic growth

Environmental Considerations

Nil

Attachments

a ⇩.	Extended Trading Request - Woolworths
b ⇩.	Response to Extended Trading Request - ECCI

Officer’s Recommendation

That Council;

1. Endorse the requested changes to retail trading hours in the Shire of Esperance with the addition of the following days (between 10am and 4pm):

· Sunday 26 December 2021

· Monday, 27 December 2021

· Tuesday, 28 December 2021

· Saturday, 1 January 2022

· Sunday 2 January 2022

· Monday 3 January 2022

2. Request the CEO to make application to the Department of Commerce for the proposed changes to apply to the entirety of the Esperance Shire.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 210

Item: 12.3.7

James Street Cultural Precinct Development Plan

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/37068

Applicant

Internal Report

Location/Address

Executive Summary

For Council to consider endorsing and advertising the James St Precinct Cultural Precinct Development Plan prior to it being finalised.

Recommendation in Brief

That the James Street precinct plan be received by Council and advertised for public submissions prior to being finalised.

Background

The James Street Precinct planning process was commenced in early 2020. Quotes were called for consultants to assist with delivering the precinct plan, with a consortium made up of Place Laboratory (landscape design and place making consultants) and Pracsys Economics (economics and management consultants) being the successful candidates.

The initial round of community engagement was undertaken in September 2020, with a large range of potential opportunities within the precinct identified through this process. Following the results of this engagement process being shared with Council, the decision was made to extend the project to enable the development of several scenarios that would be able to show how these ideas could be incorporated into the precinct. This allowed further community engagement to occur to identify the community preferences from within these ideas.

Three scenarios were developed with a comprehensive engagement process then undertaken to garner as much feedback as possible from throughout the community. Full details on both rounds of engagement is available within the appendices of the attached document.

Following the second round of engagement, community feedback was analysed to inform the final development plan. The key elements of the plan are:

· New collocated facility built to house library, visitor information centre, volunteer support centre, flexible community and arts spaces, commercial hospitality offering, and museum (further work still needs to be done to determine if this is the majority of the collection or just the portion requiring a higher level of care than can be provided in the existing facility).

· Flexible approach to the Goods Shed depending on level of museum relocation to new collocated facility.

· Ensure a high degree of heritage interpretation throughout the precinct.

· Replacement playground for Grace Darling Park on Dempster Street (incorporating the positive features of Grace Darling Park).

· Provide a replacement performance area for the demolished sound shell to support more events and improved eventgoer experience.

· Retain Museum Village in its current form/location, with the option to relocate into the precinct core, pending a review of operations following initial precinct upgrades. Improve connectivity with the rest of the precinct in the meantime.

· Improve vehicle and pedestrian access and connections.

· General improvements to grounds surrounding the RSL building and ANZAC memorial.

· Demolish Sports House. Retain the CWA building in its current form and functions.

· Improve landscape outcomes including a potential new water feature.

The attached James Street Cultural Precinct Development Plan (October 2021) provides full details on the proposed plan along with staging and implementation recommendations. The limited remaining effective life of the existing library has been a major informing element within the staging process.

Officer’s Comment

The final development plan as presented has been developed with significant input from throughout the community. The second round of engagement resulted in over 1400 unique users interacting with the online feedback platform, well in excess of 100 attendees at a range of community workshops and a number of direct submissions in addition to the online feedback options.

This volume of input and engagement provides a high level of confidence that the resulting plan meets the aspirations of the majority of the community. It is understood that there will always be people that don’t agree with all elements of the plan, but to ensure that a final check can be made it is also proposed that an additional opportunity be made available for people to provide any feedback they deem necessary on the development plan prior to Council formally endorsing it.

Option One

That Council receive the attached development plan and advertise if for public submissions. This is recommended to provide a final opportunity for community input now that a single plan has been developed.

Option Two

That Council endorse the attached development plan. This is not recommended as, even though there has been significant community feedback already, a final opportunity for feedback is believed to be important now that a single plan has been developed.

Consultation

Details of community engagement activities are contained within the attached report. In addition, a number of briefings with Council have occurred.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A Community where everyone feels welcome, involved and connected to each other

Provide services, facilities and information that are inclusive and accessible

Environmental Considerations

Nil

Attachments

a ⇨.

James Street Cultural Precinct Development Plan (October 2021) - Under Separate Cover

Officer’s Recommendation

That Council

1. Receive the James Street Cultural Precinct Development Plan (October 2021).

2. Request the Chief Executive Officer to advertise the James Street Cultural Development Precinct Development Plan (October 2021) for public submissions for a period of 3 weeks.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 November 2021 Page 214

Item: 12.3.8

Potential Tourism/Workers Accommodation Study

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/37181

Applicant

Internal report

Location/Address

N/A

Executive Summary

The Goldfields Esperance Development Commission (GEDC) is supportive of partnering with the Shire, to undertake a study of the issues and options available regarding affordable workers and tourism accommodation needs in Esperance.

Recommendation in Brief

That Council endorse an application to the Goldfields Esperance Development Commission to collaboratively fund a study on affordable worker and tourism accommodation options in Esperance, focusing on the gaps and a feasibility analysis; and amend the municipal budget to enable this.

Background

There has been a significant shortage of residential accommodation in Esperance for over 12 months. In addition, with the closure of the Blue Waters Lodge on Goldfields Road as the YHA backpacker’s (the last in town) in February 2020, there was no longer an option for short term seasonal worker accommodation.

The Blue Waters Lodge was repurposed by the Shire in the December 2020 to fill part of the accommodation need in town to assist workers while they source a rental property and to accommodate short term seasonal workers. The lodge has been well tenanted ever since. It was initially intended to operate until the end of June 2021, but due to the ongoing worker accommodation need in town it will be required to operate in this way until at least part way through 2022. This highlights the need for a long-term solution to be identified. Moving forward we also need to identify the best use of the Blue Waters Lodge.

In discussions with the Goldfields Esperance Development Commission, the potential for funds to assist in undertaking a study of this nature has been identified. In order for these funds to be made available Council would need to provide the remaining funds required to progress the study.

The intention is to:

· Undertake an audit of current tourism/workers accommodation options

· Undertake a demand analysis for low cost worker accommodation

· Identify landholdings within the Shire suitable for accommodation development

· Outline the pathways to meet the identified demands and attract investment

· Result in an analysis of the current situation, gaps and options along with a high level feasibility analysis of preferred options for meeting the identified gaps.

Officer’s Comment

This proposed work will be beneficial to both the EOI process with the Blue Waters lodge as well as supporting what has already been identified as a significant issue impacting on Esperance current ability to grow and develop. The high current utilisation of the lodge provides clear evidence of current gaps in the commercial accommodation environment in town. This work supports the action of Review potential enhanced accommodation options (site location, accommodation types, ownership models) within the Esperance Tourism Development initiative from the Esperance Region Economic Development Strategy.

Providing a way forward to enable the Blue Waters Lodge to be utilised for other purposes also supports Action PAE7 in the Esperance Tourism Strategy Undertake an EOI for the Esperance YHA site with WA investors and operators with the aim of seeking investment into the site in a visitor attraction, this action was identified as very high priority.

The opportunity to partner with the GEDC and deliver this information in the short term has the potential to both provide clarity on the current industry gaps as well as begin an investment attraction program within the tourism accommodation space.

The current thinking is that the provision of a workers accommodation facility that could transition into tourism accommodation in the future has the potential to both fill a short to medium term need (workers accommodation) while ensuring that longer term viability of the facility is also ensured (lack of current hostel/backpackers accommodation in town). It is hoped that the study will reveal the most practical solutions available to meet both current and future needs.

Option One

That Council support the approach to the GEDC to undertake a jointly funded study, with funds apportioned form the Priority Projects Reserve to underwrite the contribution from Council.

Option Two

That Council not support undertaking this study.

Consultation

This item has resulted from discussions between officers from the GEDC and the Shire of Esperance.

Financial Implications

The financial implications arising from this report are

Description		Budget Figure	Amended Figure	Variation
New W/O in Economic & Business Development	01-4170-370	0	40,000	40,000
Community & Economic Development – Grants Income	01-4170-115	(25,000)	(45,000)	(20,000)
Priority Projects Reserve		757,227	737,257	(20,000)
Net result				0

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item (with regards to approving a change to the municipal budget) are contained within Section 6.8 (1) of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Support our businesses to grow, adapt and assist in building capacity

Develop partnerships to strengthen economic growth

Esperance Tourism Strategy April 2021 - Action PAE7

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council;

1. Endorse an application to the Goldfields Esperance Development Commission to collaboratively fund a study on affordable worker and tourism accommodation in Esperance, focusing on the gaps and a feasibility analysis; and

2. Amend the municipal budget as follows to enable this:

Description		Budget Figure	Amended Figure	Variation
New W/O in Economic & Business Development	01-4170-370	0	40,000	40,000
Community & Economic Development – Grants Income	01-4170-115	(25,000)	(45,000)	(20,000)
Priority Projects Reserve		757,227	737,257	(20,000)
Net result				0

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 November 2021 Page 265

12.4 Executive Services

Item: 12.4.1

Waiver of Planning and Building Fees - Ports Football Club

Author/s	Emily Hegney	Executive Assistant
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/37160

Applicant

Ports Football Club Inc.

Location/Address

Greater Sports Ground.

Executive Summary

For Council to consider waiving or refunding all Shire Planning and Building fees applicable to the Ports Football Club Development Application.

Recommendation in Brief

That Council approve the request to refund all Shire Planning fees and waive or refund all Building fees applicable with Ports Football Club’s Development Application for the upgrade of the lighting of their playing oval.

Background

On 1 November 2021 Ian Campbell from Ports Football Club wrote to the Chief Executive Officer, requesting the Shire to waive all Building and Planning application fees and charges associated with the upcoming upgrades to their oval lighting.

Established in 1966, Ports Football Club Inc. have junior and senior teams for men and women. This local sporting club is aiming to upgrade their lighting on their oval in order to provide a safe and high quality training and playing facility for the community and their members. Ports Football Club have commenced the project already by ordering the light poles. They expect to commence installing the lights in early 2022.

Officer’s Comment

It is being recommended to waive the Shire Planning fees and Building fees associated with the upcoming applications for Ports Football Club. Though the fees may be minor in comparison to the whole project, the Shire would like to see these remedial works completed and believes this project will have a community benefit.

Options

Option 1

That Council waive all Shire Planning and Building fees applicable with Ports Football Club’s Development Application for the refurbishment of their oval lighting.

This is the officer’s recommendation for the reason outlined in this report.

Option 2

That Council reject the request to waive all Shire fees and charges applicable with Ports Football Club for the refurbishment of their oval’s lighting.

This recommendation is provided should Council wish to reject the request.

Consultation

Consultation with the Shire’s external services department regarding development and building application fees.

Financial Implications

The financial implications arising from this report is the refund of a $710 Planning fee and waiving or refunding the Building fee. The Building fee amount is determined by the Shire after the Planning Approval is issued, but can be approximated at $948.41 as it is based on the value of the works to be completed. The waiving of the Planning fee is noted as a refund as it has already been paid.

Asset Management Implications

Nil

Statutory Implications

Nil

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 ⇩.

Waiver of Planning and Building Fees - Ports Football Club Inc.

Officer’s Recommendation

That Council waive all Development fees and Building Shire fees (excluding BCITF and Building Services Levy) applicable with Ports Football Club’s Development Application for the upgrade of their playing oval lighting.

Voting Requirement Absolute Majority

a ⇩.	Information Bulletin - October 2021
b ⇩.	Council Priorities Summary - October 2021
c ⇩.	Delegations Discharge - Corporate Resources
d ⇩.	Letter - Prevent Heal Support Campaign
e ⇩.	Community Engagement - Marine Park Planning Process

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