Agenda of Ordinary Council

26 April 2022 Page 24

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 26 April 2022

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire of Esperance acknowledges the Kepa Kurl Wudjari people of the Nyungar nation 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 M Walker Director Asset Management

Mrs H Phillips Acting Chief Executive Officer/Director External Services

Mrs F Baxter Director Corporate & Community Services

Miss E Hegney Executive Assistant

Miss A Palmer Trainee Administration Assistant – Executive Services

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Mr S Burge Chief Executive Officer

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

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 22 March 2022 be confirmed as a true and correct record.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

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12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Local Planning Scheme No. 24 - Amendment No. 8

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

File Ref: D22/8330

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider Amendment 8 to Local Planning Scheme No. 24 by incorporating various changes, including:

· A range of new provisions;

· Updating the Scheme Map to reflect omissions and changes to reserves and roads since the gazettal of the Scheme;

· Introduction of new Additional Uses;

· Revising the effluent disposal provisions of the Scheme to be consistent with the Government Sewerage Policy; and

· Amendments to Schedule 7 regarding parking standards.

Recommendation in Brief

That Council:

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

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

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

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

3. Refer Amendment 8 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Background

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

The proposed modifications fall into broad categories as follows:

· Amending use permissibility within the ‘Rural Townsite’ zone and inserting associated provisions;

· Amending a Special Use zone to take into account usage of a site;

· Introducing exemptions into several Special Control Areas;

· Modifications to the Scheme Map to account for omissions and changes to reserves and closed and dedicated roads;

· Replacing the effluent disposal clause to be consistent with the Government Sewerage Policy and draft Statement of Planning Policy 2.9;

· Introducing new Additional Uses to take into account non-conforming uses; and

· Amending Schedule 7 in relation to parking standards.

Officer’s Comment

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

The proposed amendment is consistent with the Local Planning Strategy.

Amend Clause 17, Table 4 – Zoning and Land Use Table by replacing the ‘X’ with a ‘D+’ for ‘Grouped dwelling’ in the ‘Rural Townsite’ zone.

This modification changes the permissibility of a ‘Grouped dwelling’ in the ‘Rural Townsite’ zone. The ‘+’ is added to link to a new footnote to Clause 17, Table 4 – Zoning and Land Use Table that limits the permissibility of the use to lots that meet the minimum lot size requirements in Schedule 6 of the Scheme.

Amend Clause 17 by inserting ‘+ Grouped dwelling is only permitted where each dwelling complies with Minimum Lot Area Sq. m within Schedule 6.’ below Table 4 – Zoning and Land Use Table:

This modification relates to modification 2.1. This provision applies a restriction on ‘Grouped dwellings’ so that no more than one (1) dwelling is permitted on the minimum lot size provided for the zone under Schedule 6 of the Scheme.

Amend Schedule 2 Clause 4.(c) by introducing new exempted development

This modification exempts the following development from gaining development approval within SCA4 - Public Drinking Water Source Protection Areas:

(q) one satellite dish with a diameter of less than 1.2 metres;

(s) one flagpole not exceeding 6 metres in height with the flags not used for commercial advertising;

(v) any retaining wall less than 500mm high constructed of masonry materials located to the rear of a building associated with the primary use of the site and certified by a qualified Engineer as being suitable for surcharge loads where applicable;

(w) the signage and advertisements contained in Schedule 10 of this Scheme do not require development approval;

(x) the erection of a boundary fence in accordance with an adopted Fencing Local Law;

(aa) the carrying out of works urgently necessary to ensure public safety, for the safety or security of plant or equipment or for the maintenance of essential services;

(bb) A renewable energy facility that is incidental in nature to the use of the land; and

(cc) a solar hot water system.

These uses are considered minor development (or urgent for public safety) that will no longer require an application to be made or for such an application to be referred to the Department of Water and Environmental Regulation as the nature of the development will not impact on the Public Drinking Water Source Protection Area.

The current exemption for an Outbuilding with an area of 10m² or less and a height of 2.4m or less is retained.

Amend Schedule 2 Clause 5.(c)(i) by introducing new exempted development

This modification exempts the following development from gaining development approval within SCA5 - Wetlands of Significance and Lake Warden Recovery Catchment:

(q) one satellite dish with a diameter of less than 1.2 metres;

(s) one flagpole not exceeding 6 metres in height with the flags not used for commercial advertising;

(w) the signage and advertisements contained in Schedule 10 of this Scheme do not require development approval;

(x) the erection of a boundary fence in accordance with an adopted Fencing Local Law;

(aa) the carrying out of works urgently necessary to ensure public safety, for the safety or security of plant or equipment or for the maintenance of essential services;

(bb) A renewable energy facility that is incidental in nature to the use of the land; and

(cc) a solar hot water system.

These uses are considered minor development (or urgent for public safety) that will no longer require an application to be made or for such an application to be referred to the Department of Biodiversity Conservation and Attractions and the Department of Water and Environmental Regulation.

The current exemption for an Outbuilding with an area of 10m² or less and a height of 2.4m or less is retained.

Amend Schedule 2 Clause 9.(c)(i) by introducing new exempted development

This modification exempts the following development from gaining development approval within SCA9 – Coastal Erosion and Inundation Risk:

(q) one satellite dish with a diameter of less than 1.2 metres;

(r) street trading and outdoor eating facilities on public places in accordance with the local laws on trading in thoroughfares and public places;

(w) the signage and advertisements contained in Schedule 10 of this Scheme do not require development approval;

(x) the erection of a boundary fence in accordance with an adopted Fencing Local Law;

(aa) the carrying out of works urgently necessary to ensure public safety, for the safety or security of plant or equipment or for the maintenance of essential services;

(bb) A renewable energy facility that is incidental in nature to the use of the land; and

(cc) a solar hot water system.

These uses are considered minor development (or urgent for public safety) that will no longer require an application to be taken to apply a Section 70A notification advising of a ‘Vulnerable Coastal Area’.

Amend the Scheme Map by reclassifying the portion of Mungan Street between the two sections of Lot 51 on Plan 9505 from ‘Local Road’ to ‘Railways’

The portion of Mungan Street between the two sections of Lot 51 on Plan 0505 has not been developed as a road and forms part of the rail corridor.

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Amend the Scheme Map by reclassifying Lot 2113 on Deposited Plan 193502 Bishop Road, Grass Patch from ‘Local Road’ to ‘Infrastructure Services’

This Lot is currently leased by Telstra Corporation Ltd and has been developed with a Radio Translator/Mobile Phone Facility. The proposed modification reflects the use of the land.

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Amend the Scheme Map by reclassifying Lot 320 on Deposited Plan 418247 from ‘Oceans/Waterways’ to ‘Public Open Space’

Lot 320 on Deposited Plan 418247 has recently been created to cover the footprint and boating exclusion area around the Jetty. The Department of Planning, Lands and Heritage – Land Services is currently amending this lot with Reserve 27318 and as such the proposal is to extend the current reservation and additional use to this reserve.

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Amend the Scheme Map by reclassifying Lot 2105 on Deposited Plan 21055 from ‘Rural Residential’ to ‘Local Road’

Lot 2105 on Deposited Plan 21055 is part of Reserve 42630 that is currently with the Department of Planning, Lands and Heritage – Land Services for a road dedication. The proposed classification as a ‘local road’ is consistent with this request.

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Amend the Scheme Map by rezoning the portion of Lot 111 Cudgee Close Myrup zoned ‘Rural Smallholdings’ and ‘RS2’ to ‘Rural Residential’ and ‘RR3’ and a portion of Lot 110 from Rural Residential’ and ‘RR3’ to ‘Rural Smallholdings’ and ‘RS2’

An estimated area was zoned ‘Rural Residential’ and ‘RR3’ as a result of a submission on Local Planning Scheme No. 24 when it was open for consultation. The lot has now been created so this amendment extends the zone over the entire lot.

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Amend the Scheme Map by rezoning the portion of Lot 200 Phyllis Street Castletown classified as ‘Local Road’ to ‘Residential’ with a density of ‘R20’

Lot 200 is the result of a road closure that was undertaken and amendment with the adjacent residential lot. The lot has now been created so this amendment extends the zone over the entire lot.

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Amend the Scheme by replacing Clause 15. in Schedule 1 relating to Schedule 7 and car parking spaces

It is proposed to replace Clause 15 within Schedule 1 with a new clause which clarifies when the parking standards apply.

In particular it clarifies the link to Schedule 7 and provide guidance as to how apply parking standards when a use is expanded.

Amend the Scheme by replacing Clause 17.(a) within Schedule 1 with a new effluent disposal clause

Local Planning Scheme No. 24 currently contains a clause that requires a 2 metre separation between the base of a leach drain and the highest recorded groundwater level or bedrock. This clause is not consistent with the provisions of the Government Sewerage Policy or the draft State Planning Policy 2.9 Planning for Water (SPP 2.9) and Planning for Water Guidelines.

Provisions are also inserted into the Scheme that place limits on development that can occur on lots under 2000m² that are not connected to a reticulated sewerage system.

The proposed provision is consistent with the Government Sewerage Policy and draft State Planning Policy 2.9 Planning for Water (SPP 2.9) and Planning for Water Guidelines maintaining appropriate controls based on soil type and location.

Amend Schedule 5 by replacing ‘Small Bar’ with ‘Tavern’ in the ‘Special use’ of SU7

It is proposed to replace the use of ‘Small Bar’ with ‘Tavern’ as the land use is more representative of the type of Liquor Licence that the site could achieve and alleviate some of the issues associated with operating under a Producers Licence.

The ‘Tavern’ Liquor Licence will allow Lucky Bay Brewing to continue operations as per the current licence which allows consumption on the premises by the glass as well as takeaway sales for packaged product.

The main reasons Lucky Bay Brewing seeks a ‘Tavern’ Licence are:

· The current ‘Producers’ Licence conditions only allow the serving of wine and cider ancillary to a meal. While the serving of a meal is desirable for the responsible service of alcohol this condition does cause significant angst and confusion amongst visiting tourists who have within their group a non-beer drinker. Lucky Bay Brewing seeks to further promote regional tourism as part of the Esperance region, and the ‘Tavern’ Licence would allow the serving of alcohol not manufactured by the brewery to be in a similar style patrons experience in other parts of the State. For example many of the other breweries in the south west hold ‘Tavern’ licences.

· The current licence conditions limit the venue to close at 10:00pm. While this is more than adequate for most of the time, private functions such as weddings often request serving of alcohol until 11:00 pm or midnight. The ‘Tavern’ Licence conditions would allow the venue to meet the patrons request under normal licence conditions. As is currently, Lucky Bay Brewing is required to apply for an Occasional Licence for each of these specific events. The granting of a ‘Tavern’ Licence would eliminate the ongoing application administration of this process.

Lucky Bay Brewing does not seek to increase the venue capacity and will use the toilet and water systems approved in December 2019 for the venue for 288 patrons. Lucky Bay Brewing is currently improving its kitchen facility and has a long-term commitment to the serving of food at the venue.

The proposed amendment supports the change of Liquor Licence for Lucky Bay Brewery.

Amend Schedule 3 by inserting at the end of the Location for A6 the following ‘, Lots 1, 2, 31, 32, 60, 63 Dempster Street, Lots 158, 160 – 162 Taylor Street’.

It is proposed to expand Additional Use A6 to cover the area adjacent the current A6 area and caters for a range of land uses that including a non-conforming land use for a ‘Restaurant/Cafe’.

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Amend Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use

It is proposed to introduce a new additional use to accommodate what is currently a non-conforming land use for ‘Holiday Accommodation.

Amend Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use

It is proposed to introduce a new additional use to accommodate what is currently a non-conforming land use for ‘Caravan Park.

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Amend Schedule 3 and the Scheme Map as depicted on the Scheme Amendment Map by adding an Additional Use

It is proposed to introduce a new additional use to accommodate what is currently developed on the site in particular a Tavern, Hotel and Restaurant/Café.

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Amend Schedule 7 by replacing the Minimum Car Spaces (Space/Sq. Metre unless otherwise stated) for specified land uses

This modification makes amendment to Schedule 7 by revising several parking standards and incorporating bicycle parking based on land use.

Amend Schedule 7 by inserting a new footnote underneath the table after point (i)

A new footnote has been added that is applied to Amusement parlour, Child care premise, Cinema/theatre, Consulting rooms, Convenience store, Exhibition centre, Fast food outlet, Liquor store – small, Medical centre, Motel and Place of worship. The footnote states: the local government may take into consideration any parking areas available in the public domain in proximity to the development.

Consultation

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

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 24

Policy Implications

Local Planning Strategy

Government Sewerage Policy

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Corporate Business Plan 2021/22 – 2024/25

B3 Encourage innovation and support new development

B3.3 Update and Implement Local Planning Scheme and Policies

Environmental Considerations

Nil

Attachments

a ⇨.

Draft Local Planning Scheme No. 24 - Amendment No. 8 - Under Separate Cover

Officer’s Recommendation

That Council

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

I. Amending Clause 17, Table 4 – Zoning and Land Use Table by replacing the ‘X’ with a ‘D+’ for ‘Grouped Dwelling in the ‘Rural Townsite zone.

II. Amending Clause 17 by inserting the following below Table 4 – Zoning and Land Use Table:

‘+ Grouped dwelling is only permitted where each dwelling complies with Minimum Lot Area Sq. m within Schedule 6.’

III. Amending Schedule 2 Clause 4.(c) by replacing it with:

‘(i) Despite any other provision of the Scheme development approval is required for all development except for development exempted under clause 61. (q), (s), (v), (w), (x), (aa), (bb) and (cc) of Schedule A.

(ii) Outbuildings with an area of 10m² or less and a height of 2.4m or less do not require approval unless otherwise specified in the Scheme (other than in this clause).’

IV. Amending Schedule 2 Clause 5.(c)(i) by replacing it with:

‘Despite any other provision of the Scheme development approval is required for all development except for development exempted under clause 61. (q), (s), (v), (w), (x), (aa), (bb) and (cc) of Schedule A.’

V. Amending Schedule 2 Clause 9.(c)(i) by replacing it with:

‘Despite any other provision of the Scheme development approval is required for all development except for development exempted under clause 61. (q), (r), (w), (x), (aa), (bb) and (cc) of Schedule A.’

VI. Amending the Scheme Map by reclassifying the portion of Mungan Street between the two sections of Lot 51 on Plan 9505 from ‘Local Road’ to ‘Railways’ as depicted on the Scheme Amendment Map.

VII. Amending the Scheme Map by reclassifying Lot 2113 on Deposited Plan 193502 Bishop Road, Grass Patch from ‘Local Road’ to ‘Infrastructure Services’ as depicted on the Scheme Amendment Map.

VIII. Amending the Scheme Map by reclassifying Lot 320 on Deposited Plan 418247 from ‘Oceans/Waterways’ to ‘Public Open Space’ and ‘Additional Use Reserve AR3’ as depicted on the Scheme Amendment Map.

IX. Amending the Scheme Map by reclassifying Lot 2105 on Deposited Plan 21055 from ‘Rural Residential’ to ‘Local Road’ as depicted on the Scheme Amendment Map.

X. Amending the Scheme Map by rezoning the portion of Lot 111 Cudgee Close Myrup zoned ‘Rural Smallholdings’ and ‘RS2’ to ‘Rural Residential’ and ‘RR3’ as depicted on the Scheme Amendment map.

XI. Amending the Scheme Map by rezoning the portion of Lot 200 Phyllis Street Castletown classified as ‘Local Road’ to ‘Residential’ with a density of ‘R20’ as depicted on the Scheme Amendment map.

XII. Amending the Scheme by replacing Clause 15. in Schedule 1 with the following:

‘15 (a) A person shall not use land for a purpose specified in Schedule 7 unless car parking spaces of the number specified in Schedule are provided and sealed, drained and marked to the local government's specifications prior to occupancy of development or commencement of a use and maintained to the satisfaction of the local government thereafter.

(b) Where the floor area occupied by an existing use is increased, the parking requirement will be calculated on the basis of the floor area of the extension only or the area subject to the change of use of the site provided the existing number of car spaces is not reduced.

(c) Where the development is a use not listed within Schedule 7 or where a variation to the car parking requirements listed under Schedule 6 and/or Schedule 7, the number of parking spaces is to be determined by the local government having due regard to:

(i) the nature of the proposed development;

(ii) the number of employees or others likely to be engaged in the use of the land;

(iii) the anticipated demand for visitor parking;

(iv) the availability of on street parking; and

(v) the orderly, proper and sustainable planning of the area.

(d) Where a proposed development is adjacent to on street parking and is within the Commercial zone or Additional Use A6, the local government may approve a reduced number of bays specified in Schedule 6 or 7 having due regard to subclause (d) when considering the total number of parking spaces required for the development.

XIII. Amending the Scheme by replacing Clause 17.(a) within Schedule 1 with the following and renumbering the clause accordingly:

‘(a) Where existing and proposed lots within the Scheme Area are not connected to a reticulated sewerage system, on-site wastewater systems shall be to the specifications and satisfaction of the local government.

(b) Within Public Drinking Water Source Areas and sensitive water resource areas secondary treatment systems with nutrient removal will be required on any lot less than 1ha or where soils have low capacity to retain nutrients.

(c) The discharge point of the on-site wastewater system should be at least the following distances above the highest groundwater level, taking into account long-term variability, possible groundwater rise following development and perched water tables:

(i) Public Drinking Water Source Area - 2 metres; and

(ii) All other areas –

a) loams and clay soils - 0.6 metres

b) gravels - 1 metre

c) sands - 1.5 metres.

(d) Unless in accordance with subclause (e) an on-site wastewater system is not to be located within:

(i) a wellhead protection zone

(ii) 100 metres of any bore used for public drinking water supply where existing lots would be rendered undevelopable by the wellhead protection zone;

(iii) 30 metres of a private bore used for household/ drinking water purposes;

(iv) 100 metres of a waterway or wetland and not within a waterway foreshore area or wetland buffer.

(v) 100 metres of a drainage system that:

a) is located down-groundwater-gradient;

b) discharges directly into a waterway or significant wetland without treatment; or

c) intersects groundwater; or

(vi) any area subject to inundation and/or flooding in a 10 per cent AEP rainfall event.

(e) Smaller setbacks may be considered where a proponent demonstrates to the satisfaction of the responsible authority, in consultation with the relevant advisory agencies, that the reduced setbacks will not have a significant impact on the environment or public health. In seeking a reduced setback, secondary treatment systems with nutrient removal may be required.’

(f) Smaller setbacks to bores used for public drinking water supply will not be supported under any circumstances.

(g) On residential zoned lots under 2000m², Aged Care Facility, Child Care Premises, Civic Use, Educational Establishment, Grouped Dwelling, Multiple Dwelling, Holiday House, Place of Worship and Small Bar will not be permitted unless connection to a reticulated sewerage system is proposed.

(h) On Rural Townsite zoned lots under 2000m², Aged Care Facility, Child Care Premises, Civic Use, Club Premises, Educational Establishment, Exhibition Centre, Fast Food Outlet, Holiday House, Hotel, Holiday Accommodation, Lunch Bar, Motel, Motor Vehicle Wash, Place of Worship, Reception Centre, Restaurant/café, Road House, Service Station, Small Bar and Tavern will not be permitted unless connection to a reticulated sewerage system is proposed.

Note: Reticulated Sewerage System has the same meaning as a mains sewerage system.’

XIV. Amending Schedule 5 by replacing ‘Small Bar’ with ‘Tavern’ in the ‘Special use’ of SU7.

XV. Amending Schedule 3 by inserting at the end of the Location for A6 the following ‘, Lots 1, 2, 31, 32, 60, 63 Dempster Street, Lots 158, 160 – 162 Taylor Street’ and the Scheme Map as depicted on the Scheme Amendment Map.

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

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A26

Lot 905 Goldfields Road

Residential

As a ‘D’ use

· Holiday Accommodation

As determined by the local government.

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

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A27

Lots 29, 537 Mitchell Street, Lots 25 – 28 Westmacott Street

Residential

As a ‘D’ use

· Caravan Park

As determined by the local government.

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

No.

Location

Base Zone

Additional Use(s)

Development Standards/Conditions

A28

Lot 50 Goldfields Road, Lot 16 Phyllis Street

Tourism

As a ‘D’ use

· Hostel

· Hotel

· Restaurant/Café

· Serviced Apartment

· Tavern

1. Where development adjoins a Residential zone the minimum setback will be at the discretion of the local government.

2. Where overlooking occurs as defined in the R-Codes of the adjoining Residential zone screening is to be applied in accordance with the R-Codes

XIX. Amending Schedule 6 by inserting ‘ (iii)’ after 2000(i) in the Minimum Lot Areas Sq. m for Rural Townsite and add a new point below point (ii) as follows:

‘(iii) Where a lot is connected to a reticulated sewerage system or a suitable package treatment system the R20 density will apply’

XX. Amending Schedule 7 by replacing the Minimum Car Spaces (Space/Sq. Metre unless otherwise stated) for the following land uses:

Land Use	Minimum Car Spaces (Space/Sq. Metre unless otherwise stated)
Child care premises	1 bay per employee and 1 bay per 5 children(ii)
Club premises	1 bay per employee and 1 bay per 4 persons accommodated
Community purpose	1 bay per employee and 1 bay per 4 persons accommodated
Consulting rooms	3 bays per consulting room plus 1 bay per staff member(ii)
Convenience Store	1 bay per 25m² gross floor area(ii)
Fuel depot	1 bay per 45m² of office facilities
Garden centre	1 bay per 75m² public floor area
Home store	1 bay per 40m² of gross floor area or part thereof of the use
Medical centre	3 bays per consulting room plus 1 bay per employee(ii)
Motor vehicle wash	1 bay per employee and 1 bay per wash bay
Park home park	1 bay per accommodation unit Visitor car parking 1 bay per 10 long stay site 1 bay per 20 short stay site
Recreation – private	To be assessed by the local government with regard to the facilities required
Service station	1 bays per pump plus 1 bay per employee plus 1 per 15m² shop
Supermarket	1 bay per 10m² public floor area
Tourist development	1 bay per accommodation unit plus 1 bay per employee plus 1 bay per 4m² restaurant
Transport depot	1 bays per commercial vehicle garaged plus 1 bay per on-site employee
Veterinary centre	3 bays per consulting room plus 1 bay per staff member
Workforce accommodation	1 bay per accommodation unit

XXI. Amending Schedule 7 by inserting a new footnote underneath the table after point (i) as follows:

‘(ii) the local government may take into consideration any parking areas available in the public domain in proximity to the development.’

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

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

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

3. Refer Amendment 8 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 April 2022 Page 33

Item: 12.1.4

RSPCA WA Pet Sterilisation Program

Author/s	Holly Phillips	Director External Services
Authorisor/s	Holly Phillips	Director External Services

File Ref: D22/8321

Applicant

RSPCA Western Australia

Location/Address

N/A

Executive Summary

For Council to consider a request by RSPCA Western Australia (RSPCA WA) to participate in their Pilot Pet Sterilisation Program (the Program) by waiving lifetime registration fees for pet owners who qualify for the 12-month trial of the Program.

Recommendation in Brief

That Council participates in the Program, by waiving registration fees for a period of three (3) years (not lifetime registration) for Program qualifiers. Further, that Council requests an engagement with the RSPCA WA Chief Executive Officer to discuss levels of service provision to the Esperance region.

Background

On 16 March 2022 RSPCA WA wrote to the Chief Executive Officer to request the Shire’s participation in the Program which will initially run from 1 June 2022 to 30 June 2023. RSPCA WA will evaluate the success of the Program after this time.

The Program will offer reduced sterilisation costs, free microchipping and, where supported, lifetime pet registration for pet owners who hold a WA Seniors Card, Pensioner Concession Card or Health Care Card.

Broadly, the Program aims to improve animal welfare outcomes and reduce local government workloads, by:

· Helping community members meet requirements to register and sterilise their pets;

· Supporting local veterinary businesses;

· Enabling those experiencing financial hardship to better care for their pets;

· Assisting cat owners to comply with the Cat Act 2011, which mandates that all cats over six (6) months of age be sterilised, microchipped and registered with their local government;

· Assisting dog owners to comply with sterilisation requirements introduced under the Dog Amendment (Stop Puppy Farming Bill 2021), at a reduced cost when the Bill becomes law; and

· Reducing local government workloads by reducing the number of unwanted litters and, consequently, the number of strays and incoming animals in local pounds.

The Program is specifically targeted at people suffering financial hardship who ordinarily would not consider getting their pets sterilised and registered, or those who are unaware of the need to do both.

Officer’s Comment

Generally, officers consider the Program to be a positive initiative that may raise the number of sterilised and microchipped animals in the community.

Notwithstanding this, officers are concerned the Program could be open to exploitation. Examples of such misuse would be:

· Pet owners who do not qualify for the Program who nefariously transfer their animals to achieve lifetime registration status; or

· Eligible people gaining financial benefits by obtaining pets and after securing free added value (sterilisation, microchip and lifetime registration), on-selling these pets for profit.

To reduce this risk, it is considered a three (3) year registration is a reasonable incentive for the Shire to offer qualifying participants. This would encourage ongoing responsible pet ownership throughout the pet’s life, independent of the owner at the time.

Further, officers would like to see an increased local presence of RSPCA WA inspectors to fulfil their core duties of responding to animal welfare issues, and enforcing animal welfare legislation in the community. As there are no inspectors currently located in Esperance, Shire rangers are often at the frontline of these issues.

Given the Independent Review of the Animal Welfare Act 2002, and proposed Government responses to this, it is an opportune time for the Shire to request an engagement with the Chief Executive Officer of RSPCA WA to discuss greater levels of service provision to the region.

Option One - Recommended

That Council:

1. Participates in the RSPCA Western Australia Pilot Pet Sterilisation Program by waiving registration fees for a period of three (3) years to pet owners that qualify for the Program, commencing on 1 June 2022 and concluding on 30 June 2023; and

2. Requests an engagement with the RSPCA WA Chief Executive Officer to discuss levels of service provision to the Esperance region.

Option Two

That Council:

1. Participates in the RSPCA Western Australia Pilot Pet Sterilisation Program by waiving lifetime registration fees for pet owners that qualify for the Program, commencing on 1 June 2022 and concluding on 30 June 2023; and

2. Requests an engagement with the RSPCA WA Chief Executive Officer to discuss levels of service provision to the Esperance region.

Option Three

That Council:

1. Declines the request by RSPCA Western Australia to participate in their Pilot Pet Sterilisation Program; and

2. Requests an engagement with the RSPCA WA Chief Executive Officer to discuss levels of service provision to the Esperance region.

Consultation

Internal

Ranger Services

Chief Executive Officer

External

The City of Kalgoorlie-Boulder and City of Albany have both indicated their intent to participate in the Program.

Financial Implications

The financial implications arising from this report are the waiving of pet registration fees of $42.50 per animal (3-year registration). Eligible pension concession card holders already receive a 50% discount on these amounts. It is unknown how many members of the community will qualify for participation in the Program, however Council may wish to cap numbers.

Statutory Implications

Participation in the Program will complement the Shire’s regulatory obligations under the Cat Act 2011 and Dog Act 1976.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Develop and maintain a safe environment for the community

Corporate Business Plan 2021/22 – 2024/25

C6.5 Manage Ranger Services

Environmental Considerations

The environmental considerations arising from this report are the improved population and health management of cats and dogs, and a potential reduction in the abandonment of unwanted pets.

Attachments

a ⇩.

RSPCA WA Request to Participate in Pet Sterilisation Program

Officer’s Recommendation

That Council:

2. Requests an engagement with the RSPCA WA Chief Executive Officer to discuss levels of service provision to the Esperance region.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 April 2022 Page 56

Item: 12.1.8

Development Application - Oversized Outbuilding (Shed) - Lot 242 (22) Asken Turn, Bandy Creek

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

File Ref: D22/9389

Applicant

Wells Building Designers and Consultants on behalf of Alana Drake-Brockman

Location/Address

Lot 242 (22) Asken Turn, Bandy Creek

P1205#yIS1

Executive Summary

For Council to consider Development Application 10.2022.4944.1 for an Oversized Outbuilding (Shed) at Lot 242 (22) Asken Turn, Bandy Creek.

Recommendation in Brief

That Council approve Development Application 10.2022.4944.1 for an Oversized Outbuilding (Shed) at Lot 242 (22) Asken Turn, Bandy Creek subject to conditions.

Background

An application for development approval for a Single House, Oversized Outbuilding (Shed) and front fence was received by the Shire on 28 February 2022.

Following discussions with the applicant, the application was shortly thereafter split into two (2) applications, one for the Outbuilding and one for a Single House and Fence. The application was split as the dimensions of the Outbuilding required Council consent and the Single House and Fence could be determined under delegated authority.

Lot 242 (22) Asken Turn, Bandy Creek is zoned ‘Residential’ R15 and has an area of 836m². The property is further affected by Special Control Area 2B – Flinders Residential Development.

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

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

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 landowners.

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

This proposal calls for a new Outbuilding to be constructed on the property, with a wall height of 4.2m and ridge height of 4.793m proposed. In the residential zone a maximum wall height of 3.6m and a maximum ridge height of 4.2m applies, each with a maximum variation of 10% subject to advertising. In this instance the applicant proposes variations greater than 10%, which requires the consent of Council.

Furthermore, the applicant proposes a side and rear setback variation where a 1.1m side and 1.5m rear setback is required. The applicant in this instance proposes a setback of 0.15m to both the side and rear boundaries.

The application for the Outbuilding (Shed) was referred to the adjoining landowners between 28 February 2022 and 25 March 2022. No objections, and one non-objection were received.

Officer’s Comment

The proposed Outbuilding exceeds the maximum wall height of 3.6m and the maximum ridge height of 4.2m. 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 subject to advertising. The proposed outbuilding has a wall height of 4.2m and a ridge height of 4.793m which exceeds the maximum variation criteria and requires the consent of Council.

In regards to the side and rear setback variation, taken separately from the proposed height variation this could have been determined under delegated authority. However, when included with an application with building heights exceeding the maximum variations, the consent of Council is still required. It should be noted that a 0.15m (150mm) side and rear setback is the most common setback for Outbuildings which is what is proposed in this instance.

The officer’s recommendation is for approval of the proposed Outbuilding (Shed) as the location and orientation of the proposed outbuilding will minimise impact on the locality and adjoining landowners. This is primarily due to the proposed Outbuilding being located at the rear of the property behind the dwelling which will help conceal the Outbuilding from view.

The applicant’s justification that the proposed Outbuilding is for a combination of domestic storage and storage of a boat and caravan which requires a larger site area and building height is considered acceptable.

Consultation

The application for the Outbuilding (Shed) was referred to the adjoining landowners between 28 February 2022 and 25 March 2022. No objections, and one non-objection were received.

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Local Planning Scheme No. 24

Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

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

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.

Plans

Officer’s Recommendation

That Council approve Development Application 10.2022.4944.1 for an Oversized Outbuilding (Shed) at Lot 242 (22) Asken Turn, Bandy Creek, 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

26 April 2022 Page 62

Item: 12.1.9

Proposed Road Closure - Portion of the Road Reserve for the Intersection of Gilpin and Simpson Street Adjoining Lot 445 (14) Gilpin Street, Chadwick

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

File Ref: D22/9508

Applicant

Wells Building Designers and Consultants on behalf of A J Davidson & L Altieri & S E Mack & W D Mack

Location/Address

Portion of the Road Reserve for the Intersection of Gilpin and Simpson Street adjoining Lot 445 (14) Gilpin Street, Chadwick

P1348#yIS1

Executive Summary

For Council to consider granting final approval to the closure of a portion of the Road Reserve for the Intersection of Gilpin and Simpson Street adjoining Lot 445 (14) Gilpin Street, Chadwick

Recommendation in Brief

That Council;

1. Request the Minister of Lands to close the portion of the Road Reserve for the Intersection of Gilpin and Simpson Street adjoining Lot 445 (14) Gilpin Street, Chadwick under Section 58 (1) of the Land Administration Act 1997;

2. 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; and

3. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

Background

The Shire was approached by the proponent to seek a resolution to an encroachment into the adjoining

Reserve.

During this time it was also noted that the owners of Lot 445 (14) Gilpin Street had undertaken works in a portion of the intersecting street adjoining their property. As the affected portion of land did not impact on the intersection, it was considered appropriate to undertake the road closure process with an aim of amalgamating the affected portion of land into Lot 445 (14) Gilpin Street.

Officer’s Comment

From a planning perspective, the closure of the affected portion of the intersection of Gilpin and Simpson Streets is appropriate as the affected portion does not impact on movement of vehicles and/or pedestrians and does not interfere with sight lines.

Should Council wish to proceed with the closure, a formal request will be lodged with the Minister for Lands under Section 58 (1) of the Land Administration Act 1997 to close the road portion and amalgamate the portion of road reserve into Lot 445 (14) Gilpin Street, Chadwick.

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which requires a minimum 35-day public comment/referral period to all affected landowners and government agencies.

The proposed road closure was advertised from 17 February 2022 to 4 April 2022. A notice was also placed in the Esperance Express on 3 April 2021.

Five (5) submissions were received at the end of the advertising period, all of which came from government and servicing agencies. No submissions objected to the proposal.

Financial Implications

All costs associated with the road closure process in regard to title adjustments and new titles are to be met by the applicant. Thus, the Shire will need to indemnify the Minister against any costs associated with the request and in turn, the applicant will need to indemnify the Shire of all costs and charges in association with the closure.

An application fee of $800 applies to this application.

Asset Management Implications

The proposed road closure has been discussed with Asset Management staff, who support the closure request. The affected portion of the Road Reserve for the intersection of Gilpin and Simpson Street will be amalgamated into Lot 445 (14) Gilpin Street, Chadwick.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Asset Management Policy ASS 006: Permanent Road Closures

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 ⇩.	Schedule of Submissions
b ⇩.	Plan

Officer’s Recommendation

That Council;

2. 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; and

3. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

Voting Requirement Simple Majority

a ⇩.	EDRA MoU for Use of Noel White Centre
b ⇩.	Office Allocation EDRA
c ⇩.	EDRA Letter to Shire CEO

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

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

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

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

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

a ⇩.	Request to Waive Fees in Exchange for Sponsorship - Esperance and Districts Agricultural Society
b ⇩.	Diamond Sponsorship Details - Esperance and Districts Agricultural Society

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

Financial year	Annual fees collected
2017/18	$12,520
2018/19	$19,590
2019/20	$15,180
2020/21	$25,620

Author/s	Emily Hegney	Executive Assistant
Authorisor/s	Holly Phillips	Director External Services

a ⇩.	Information Bulletin - March 2022
b ⇩.	Corporate Performance - March 2022
c ⇩.	Delegations Discharge - Corporate Resources
d ⇩.	Status Report/Quarterly