SHIRE OF
CARNARVON
MINUTES
ORDINARY COUNCIL MEETING
27 SEPTEMBER 2016
CONFIRMATION OF MINUTES
These minutes were confirmed by the
Council on –
………………………………………………. As a true and accurate record
……………………………………………….. CHAIRMAN
SHIRE OF CARNARVON DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Carnarvon for any act, omission or statement or intimation occurring during Council/Committee Meetings or during formal/informal conversations with Staff or Councillors. The Shire of Carnarvon disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council/Committee Meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement does so at that person's or legal entity's own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or limitation of approval made by a member or officer of the Shire of Carnarvon during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Carnarvon. The Shire of Carnarvon warns that anyone who has an application lodged with the Shire of Carnarvon must obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Carnarvon in respect of the application.
Ian D’Arcy CHIEF EXECUTIVE OFFICER
2 Full Council Minutes – 27 September 2016 TABLE OF CONTENTS TO MINUTES – 27 SEPTEMBER 2016
1.0 ATTENDANCES & APOLOGIES ...... 3
2.0 PUBLIC & ELECTED MEMBER QUESTION TIME ...... 3
3.0 DECLARATIONS OF INTEREST ...... 3
4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN ...... 3
5.0 CONFIRMATION OF MINUTES ...... 4
6.0 PETITIONS AND MEMORIALS ...... 4
7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION ...... 4
8.0 REPORTS OF OFFICERS
8.0 DEPARTMENTAL REPORTS
8.1 GOVERNANCE
8.1.1 Actions Performed under Delegated Authority ...... 4 8.1.2 Proposed Allocation of Funding – HMAS Sydney Memorial ...... 9
8.2 CORPORATE & COMMUNITY SERVICES
8.2.1 Accounts for Payment August 2016 ...... 14 8.2.2 Management Report August 2016 ...... 16 8.2.3 Investments – August 2016 ...... 22 8.2.4 Audit Committee Minutes...... 24 8.2.5 Fees & Charges Variations for 2016/2017 ...... 25
8.3 DEVELOPMENT SERVICES
8.3.1 Endorsement Carnarvon Community College Car Park Marmion Street...... 29 8.3.2 DA – Carnarvon Yacht Club Ablution Block, Pump House & Water Tank ...... 34 8.3.3 DA - Guyed Mast Structure and Fencing to Guy Blocks Broadcast Aust...... 40 8.3.4 Motor Vehicle Wash – TPS No. 10 Zoning...... 46 8.3.5 DA – Oversized Caretakers Dwelling – Lot 141 NWCH South Plantations ...... 51 8.3.6 Proposed Waste Local Law ...... 57
3 Full Council Minutes – 27 September 2016 8.3.7 Request to Waive Fee – Shire of Carnarvon Pet Registration Day Event...... 61
8.4 INFRASTRUCTURE SERVICES
8.4.1 Infrastructure Status Report September 2016 ...... 63 8.4.2 2016 Kidsafe Playground Audit Report ...... 65
9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...... 67
10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF THE COUNCIL...... 67
11.0 DATE OF NEXT MEETING ...... 67
12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC ...... 67
13.0 CLOSURE ...... 67
4 Full Council Minutes – 27 September 2016
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, STUART STREET, CARNARVON ON TUESDAY 27 SEPTEMBER 2016
The meeting was declared open at 8.30am
1.0 ATTENDANCES, APOLOGIES AND APPROVED LEAVE OF ABSENCE:
Mr K Brandenburg ...... President Ms J Nelson ...... Councillor Town Ward Mr E Smith ...... Councillor, Town Ward Mr L Skender...... Councillor, Town Ward Mr E Garrett ...... Councillor, Town Ward Mr B Smith ...... Councillor, Gascoyne/Minilya Ward
Mr I D’Arcy ...... Chief Executive Officer Mr J Nuttall ...... Executive Manager, Corporate Services Mr M Chadwick...... Executive Manager, Development Services Mr M Shepherd ...... Manager, Planning Mr W Taylor ...... Manager, Assets Mrs D Hill ...... Senior Executive Officer
Press ...... Nil Observers ...... Nil Leave of Absence ...... Nil Apologies ...... Cr Simpson; Cr March
2.0 PUBLIC & ELECTED MEMBER 9QUESTION TIME:
Nil
3.0 DECLARATIONS OF INTEREST:
Cr Garrett (Impartiality Interest) – Item 8.1.2 – Proposed Application for Funding – HMAS Sydney Memorial
Cr Nelson (Impartiality Interest) – Item 8.3.2 – Development Application – Carnarvon Yacht Club Ablution Block, Pump House & Water Tank
President Brandenburg (Impartiality Interest) – Item 8.3.2 - Development Application – Carnarvon Yacht Club Ablution Block, Pump House & Water Tank
Cr E Smith (Impartiality Interest) – Item 8.3.1 – Carnarvon Community College Car Park Marmion Street
4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION:
Nil
5 Full Council Minutes – 27 September 2016
5.0 CONFIRMATION OF MINUTES:
5.1 ORDINARY MEETING OF COUNCIL- 23 AUGUST 2016
FC 1/9/16 COUNCIL RESOLUTION Cr B Smith/Cr Nelson
That the minutes of the Ordinary Meeting of Council held on 23rd August 2016 be confirmed as a true record of proceedings. CARRIED F6/A0 5.2 SPECIAL MEETING OF COUNCIL – 16th SEPTEMBER 2016
FC 2/9/16 COUNCIL RESOLUTION Cr B Smith/Cr Nelson
That the minutes of the Special Meeting of Council held on 16th September 2016 be confirmed as a true record of proceedings. CARRIED F6/A0
6.0 PETITIONS AND MEMORIALS
Nil
7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION:
Nil
8.0 REPORTS:
8.1 GOVERNANCE
8.1.1 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTHS OF AUGUST/SEPTEMBER 2016
File No: AO3403 Date of Meeting: 27th September 2016 Location/Address: 3 Francis Street, Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority
Summary of Item: 6 Full Council Minutes – 27 September 2016 To report back to Council actions performed under delegated authority for the months August/September 2016.
Description of Proposal: Refer above.
Background: To increase transparency this report has been prepared for Council and includes all actions performed under delegated authority for –
- Development Approvals issued - Building Permits issued; - Health Approvals issued; - One off delegations to the Chief Executive Officer; - Affixing of Common Seal
Consultation: Nil
Statutory Environment: Local Government Act 1995 Planning & Development Act 2005 TPS No. 10 Shire of Carnarvon Local Government Act Local Laws Health Act 1911 Health (Public Buildings) Regulations 1992
Relevant Plans and Policy: Nil
Financial Implications: There are no financial implications.
Risk Assessment: Reporting requirement only.
Community & Strategic Objectives:
Outcome 5.2 A high standard of governance and accountability.
5.2.1 Maintain a high standard of corporate planning and reporting.
5.2.2 Ensure compliance with all relevant legislation and regulations.
Comment: The following tables outline the action performed within the organisation relative to delegated authority for the months August/September of 2016 and are submitted to Council for information.
COMMON SEAL
Date Affixed Agreement Details 26.08.16 Management of Aquatic Centre Contract – J Little
7 Full Council Minutes – 27 September 2016
BUILDING Application Owners Name Lot & Street Type of Building Work No. B16/187 LESLIE GEORGE LOT 74 SHALLCROSS ST FENCE EAST CARNARVON B16/189 FABRE PTY LTD LOT 5 ROBINSON ST FENCE CARNARVON B16/192 MURCHISON REGION LOT 71 BUTCHER ST FENCE ABORIGINAL CORPORATION MORGANTOWN B16/199 JOHN DWYER LOT 305 BROWN ST RELOCATE EXISITING SOUTH CARNARVON GARAGE RELOCATE SHIPPING CONTAINER B16/200 WAYNE REECE LOT 172 GRANBERRY FENCE DR BROCKMAN B16/201 MINISTER FOR WORKS & STATE LOT 1324 OLIVIA TCE DEMOLITION OF OFFICE OF WA CARNARVON BUILDNG B16/202 CONCEICAO CORREIA LOT 175 ROBINSON ST SHADE STRUCTURE ON CARNARVON BALCONY B16/203 CORAL BAY INVETSMENTS PTY LOT 13 ROBINSON ST 5 x 2BR UNITS, ABLUTION LTD CORAL BAY BLOCK, RETAINING WALL & HARDSTAND B16 /204 WILLIAM YOUNG LOT 322 MEIKLEJOHN FENCE CRES BROCKMAN
The following approvals and advice were issued for the month of August 2016 under delegated authority:
Planning and Development Act (Local Planning Schemes) Regulations 2015 Schedule 2 Clause 68 Applications to use/develop land Applicati Date Applicant/ File Ref: on Subject Land Purpose Grante Proponent Ref: d A1060 P66/16 Lot 36 on P222240 (59) Outbuilding C. Lawer 23/08/2 Wise Street, East 016 Carnarvon
Collection, removal and disposal of sewage Shire of Carnarvon Health Amendment Local Laws 2002, Part 4, Division 1 Date of Decision Other affected Decision details Applicant decision Ref. person(s) A2655 -8 William 10.08.2016 HOS16/004 Approval to interfere N/A St
STATUS REPORT
MINUTE DETAIL RESPONSIBLE STATUS ANTICIPATED REF OFFICER COMPLETION DATE 8 Full Council Minutes – 27 September 2016 23/7/15 Request for Upgrading an TBA Policy to be prepared pending November 2016 Existing Restricted Access Route recruitment of Exec. Manager (RAV) Infrastructure 26/11/15 Proposed Engagement – Work Ian D’Arcy Contract still to be executed. September 2016 27/11/15 for the Dole Program 5/12/15 HMAS Sydney Memorial - Ian D’Arcy Refer to Agenda Item 8.1.2 September 2016 Fascine Dannielle Hill 4-6/2/16 Approval and Implementation of Ian D’Arcy Motion of Council to withdraw November 2016 Blowholes Management Plan from managing reserves pending consideration by the Minister for Lands. Dialog ongoing between the Department of Lands and Shire Administration. Pending outcome of SAT hearing regarding demolition of shacks. 7/2/16 Community Bus & Luggage Dannielle Hill To be purchased later in 2016. December 2016 Trailer 13/2/16 Regional Price Preference Policy John Nuttall Has been advertised – October 2016 – currently being reviewed 24/3/16 Brockman Park Structure Plan Marius Initiation and Stakeholder September 2016 Shepherd Meetings Completed. Public Consultation via Colloborative map carried out for 3 weeks. Awaiting outcomes report from Consultant 5/4/16 Regional Waste Infrastructure Ian D’Arcy Planning underway to roll out December 2016 Project project 18/4/16 Gascoyne Food Bowl – Marius WAPC requires modifications October 2016 Submissions on District Shepherd including bushfire hazard level Structure Plan assessment. 21/4/16 Partial Closure Bush Bay New Marius Awaiting further September 2016 Beach Roads Shepherd correspondence from Department of Lands. 23/4/16 Lease Area – Coral Bay Progress Marius Licencing issues resolved. September 2016 Association – Lot 502 Sanctuary Shepherd Documentation to Coral Bay Road Progress Association for endorsement. 5-6/5/16 Proposed Carnarvon Town Entry Ian D’Arcy All approvals obtained – Ongoing Statements installation scheduled October 2016 9-10/5/16 Reallocation of CLGF Funding – Ian D’Arcy Funding variation granted by Ongoing From Civic Centre to Aquatic Mark Chadwick DRD – Works progressing on Centre and Photovoltaic systems Aquatic Centre refurbishment installed to Shire buildings - photovoltaic systems for Shire buildings not feasible – further variation required to funding. 15/5/16 Baden Powell Hall – Request for Carolien Draft lease prepared – waiting Sept 2016 New Lease Claassens for approval of draft by Scouts WA and Girl Guides WA 25/6/16 Local Planning Strategy Adoption Marius Forwarded to WAPC for October 2016 Shepherd consideration. 26- Gascoyne Food Bowling Scheme Robert Pringle With WAPC for consideration. January 2017 27/6/16 Amendments EPA requires further assessment as per FC 22/8/16
9 Full Council Minutes – 27 September 2016 30/6/16 Proposed Temporary Road Marius Per FC18/8/16 Completed Closure – Gnaraloo Road Shepherd 32/6/16 Tourism WA Sustainability Grant Mark Chadwick Application submitted – 16/17 Financial Program Submission – Visitor awaiting advice from Tourism Year Centre WA 3/7/16 Renaming HMAS Sydney Drive to Ian D’Arcy Request sent to Geographic September 2016 Carnarvon Road Dannielle Hill Names Committee following no adverse objection to the proposal. 7/7/16 Carnarvon Yacht Club – Request Ian D’Arcy Yacht Club advised of August 2016 to Connect to Artesian Water Kelly D’Arcy approval. MOU drafted and sent to Yacht Club for consideration 12/7/16 Rate Payment Incentive Prize John Nuttall To be run after budget September 2016 adopted 13/7/16 Lotterywest Grant Application – John Nuttall Currently being prepared November 2016 Rotary Park 18/7/16 Pedestrian Access Way Closure – Robert Pringle Written confirmation of December 2016 Lot 302 Wheelock Way support obtained from single neighbour. Must seek quotes on fence installation. SCM Development Application – Robert Pringle Notice of determination November 2016 1/8/16 Gascoyne Memorial Foundation provided to applicant. Preliminary discussion entered with regards to access greement. Awaiting confirmation related to transferring fees for Building Commission payments. SCM Skippers Airlines – Request for Kelly D’Arcy Correspondence sent to Completed 2/8/16 Waiver of Landing Fees John Nuttall Skippers Aviation 4/8/16 Nomination of Council Ian D’Arcy GDC advised of Council Completed Representation – GDC Board decision not to nominate 10/8/16 Proposed Lease Carnarvon Toy Kelly D’Arcy / Proposed lease refused by October 2016 Library Carolien Council (FC 10/8/16). Claassens Alternative locations for housing being invested 11/8/16 Award of Tender 02/2016 – Kelly D’Arcy / Tender awarded to Jennifer Completed Aquatic Centre Management Carolien Little (FC 11/8/16). Claassens 12/8/16 Skippers Airlines – Request for John Nuttall Correspondence sent to Completed Reconsideration of PAX Fees Skippers Airlines - request not supported by Council 13/8/16 DA – Time Extension 8 single Robert Pringle Notice of Determination sent Completed Bed Units Francis Street to applicant 15/8/16 Holiday Home Application – 9 Robert Pringle Notice of Determination sent Completed – Follow Crossland Street to applicant up due June 2017 16/8/16 Proposed District Water Robert Pringle RFQ due 19 September. October 2017 Management Strategy LPS 13 Steering Committee to launch soon after selection. 17/8/16 Proposed Civic Precinct Robert Pringle Preliminary analysis carried October 2017 Revitalisation Project Brief out by Project Team. Steering committee to launch early October. 18/8/16 Temporary Closure Gnaraloo Marius Notice of closure published. Completed Road Shepherd Parks & Wildlife notified.
10 Full Council Minutes – 27 September 2016 19/8/16 DA – Extension of Time – Marius Notice of Determination Completed Workers Accommodation Coral Shepherd Issued Bay 20/8/16 POS Strategy Project Brief Helen RFQ due 19 September. October 2017 Karageorgiou Steering Committee to launch soon after selection. 22/8/16 Budget Variation – Time Robert Pringle Project commenced with December 2016 Sensitive Level 2 Flora & Fauna additional funds required – Study – Gascoyne Food Bowl budget variation within today’s meeting. 24/8/16 BAC Rates – Payment Options John Nuttall Correspondence sent to BAC Completed
25/8/16 Reconsideration Exploration Robert Pringle Notification sent to Completed Application E09/1816 Department of Mines and Petroleum and Applicant
OFFICER’S RECOMMENDATION That Council accept the Status Meeting Report and reports outlining the actions performed under delegated authority for the months June/July 2016.
FC 3/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Nelson/Cr Garrett That Council accept the Status Meeting Report and reports outlining the actions performed under delegated authority for the months August/September 2016. CARRIED F6/A0
8.1.2 PROPOSED ALLOCTION OF FUNDING - HMAS SYDNEY MEMORIAL
8.36am – Cr Garrett declared an Impartiality Interest in this item as he is Secretary of the Gascoyne RSL. Cr Garrett was not required to leave the meeting and could participate and vote on the matter.
File No: 3C0414 Date of Meeting: 27th September 2016 Location/Address: Olivia Terrace, Carnarvon Reserve 42702, Lot 1309 on P92154 Olivia Terrace Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: The author has no direct or indirect interest in this item Voting Requirements: Simple Majority – both recommendations Previous Items: 15 December 2015 and 26 July 2016
Summary of Item: This report requests Council receive the minutes of the HMAS Sydney Working Group (15th September 2016), and endorse an allocation of funding for construction of HMAS Sydney Memorial.
The Working Group minutes can be found at Schedule 8.1.2.
Description of Proposal:
11 Full Council Minutes – 27 September 2016 This item primarily relates to an allocation of $11,000 funding from the Shire Community Growth Fund toward the construction of the HMAS Sydney Memorial and some interpretive signage, as recommended by the HMAS Sydney Working Group. Background: At the December 2015 Ordinary Council Meeting, Council endorsed a resolution (at Item 8.1.4) to:
1. Adopt the Fascine Hob Wall as the preferred location for the HMAS Sydney plaques creating a Walk of Remembrance; 2. Direct the Working Group to continue to investigate a possible HMAS Sydney II & HSK Kormoran Memorial site.
In line with the Council’s motion 2 above, members of RSL, HMAS Sydney Working Group and other interested parties, including the representative of the descendants of the sailors lost from HMAS Sydney and HSK Kormoran, agreed on:
a) A design for the HMAS Sydney Memorial is considered appropriate by those consulted; and b) A Cairn similar to that constructed by the HSK Kormoran survivors in honour of their lost comrades at the POW camp in Victoria where they spent the rest of the war.
The drawings of the HMAS Sydney Memorial have been provided free of charge by Dampier Salt Ltd and a local builder has constructed a model demonstrating the construction technique that could be used to create the structure.
A copy of the design is provided in Figure 1 below:
Figure 1 – Proposed HMAS Sydney Memorial
Subsequently, the Council considered this proposal further at its ordinary meeting on 26th July 2016, where it resolved to:
1. Endorse the concept designs and locations for the proposed HMAS Sydney Memorial and HSK Kormoran Cairn structures and their indicative locations.
12 Full Council Minutes – 27 September 2016 2. Direct the CEO promote the concept designs and locations of the Memorial structures for a period of two weeks inviting community response on the overall proposal.
3. Grant delegated authority to the CEO to issue Planning Approval for the proposed HMAS Sydney Memorial and HSK Kormoran Cairn structures, and their selected locations following the outcome of the community promotion/submission period where there is majority support for the proposal.
The follow plan (Figure 2) illustrates the indicative locations of the Sydney Memorial considered and endorsed in principal by Council at the July 2016 Council meeting.
HMAS Sydney Memorial Location
HSK Kormoran Cairn
Robinson St at Olivia Terrace
Figure 2 – Site Plan for location of proposed monuments
Consultation: Consultation on this proposal has included members of the RSL, Naval Association, descendants of both HMAS Sydney and HSK Kormoran, the HMAS Sydney Working Group and general public.
At large, support has been expressed for the HMAS Sydney Memorial and HSK Kormoran Cairn, as proposed, to be progressed.
Statutory Environment: In line with Council previous motion, planning approval pursuant to Section 82 of Division 2; Schedule 2 of Planning and Development (Local Planning Schemes) Regulations, 2015 has been granted under delegated authority to the CEO.
With regard to funding the construction of the HMAS Sydney Memorial the Council may determine to allocate funding from the Community Growth Fund allocation already included in the 2016/17 Budget.
13 Full Council Minutes – 27 September 2016 Relevant Plans and Policy: Council Policy C018 – Iconic Events has been reference in preparing this report – see Financial Implications Section below. Financial Implications: The Shire is now in receipt of quotes for the required construction of the HMAS Sydney Memorial as shown in Figure 1 above, requiring an allocation of $11,000 for the memorial to be built and interpretive signage prepared. In addition, it is proposed that site preparation works and fixing of plaques will be undertaken by the Shire staff, with some in-kind support from the Carnarvon RSL Branch.
However, there is no specific allocation of funding in the 2016/17 Budget for the HMAS Sydney Memorial to be built. It was intended to secure additional grant funds or donations for this component of the 75th Anniversary of the battle between HMAS Sydney and HSK Kormoran. However, due to time constraints to have this Memorial completed in time for the commemorative celebrations on 17 November 2016, and approaches for donations to date having not been successful, the need has arisen for this matter of funding to be considered by Council.
To this end, the Council has an allocation of $84,172 under the Community Growth Fund – General (COA 02J2), and a further $55,573 under Community Growth Fund – Rates (COA 02K2) in the 2016/17 Budget, none of which has been allocated other than an amount of $17,000 from the Community Growth Fund – General. This amount is pre-allocated to iconic events under Council Policy C018 that effectively sets aside $7,000 for the Tropical Festival, $5,000 for the Gassy Dash, $4,000 for Carnarfin and $1,000 for NAIDOC Week. Although, it is understood the Gassy Dash will not be a feature of the 2016/17 events calendar, thus releasing $5,000 to the general pool rendering an available allocation of $79,172 under COA 02K2.
In light of this, the Council has sufficient funding under the Community Growth Fund to accommodate funding for construction of the HMAS Sydney Memorial and associated interpretative sign.
Risk Assessment: There is a risk that should the Council not entertain support for the Working Group’s recommendation the HMAS Sydney memorial will not constructed in time for the 75th Anniversary Celebrations taking place in November 2016.
Community & Strategic Objectives:
Comment: Along with the 75th Commemorative Event and the laying of the new plaques to form the Walk of Remembrance, this Memorial is considered extremely important to commemorate the wartime history and involvement of Carnarvon. Therefore, it is the recommended by the HMAS Sydney Working Group that Council fund construction of the HMAS Sydney Memorial structure and signage from the Community Growth Fund – General with an allocation of $11,000 (ex GST).
As an aside, Council is also urged formally acknowledge the contribution of the Carnarvon RSL members in their voluntary contribution in removing the fallen sailor plaques from HMAS Sydney Memorial Avenue, 14 Full Council Minutes – 27 September 2016 cleaning, and installing the plaques along the Fascine hob wall. This has been a mammoth effort that should be recognised and appreciated by Council and the broader Carnarvon community.
WORKING GROUP RECOMMENDATION That Council: 1. Receive the notes from the HMAS Sydney Working Group meeting of 15 September 2016, as presented at Schedule 8.1.2 of this report. 2. Endorse the allocation of $11,000 (ex GST) taken from the Community Growth Fund - General (COA 02J2) to fund: a) Construction of the HMAS Sydney Memorial, as presented in Figure 1 of this report and approved on the Fascine Foreshore under delegation to the CEO. b) Preparation of interpretive sign that details the history of the battle between HMAS Sydney II and HSK Kormoran off the coast of Shark Bay on 19th November 1941. OFFICER’S RECOMMENDATION That Council formally acknowledge the significant contribution of the Carnarvon RSL member’s in removing the fallen sailor plaques from HMAS Sydney Memorial Avenue, processing their cleaning and where required replacement, and re-installing the plaques along the Fascine hob wall as a walk of remembrance.
FC 4/9/16 COUNCIL RESOLUTION & WORKING GROUP RECOMMENDATION Cr B Smith/Cr Nelson
That Council:
1. Receive the notes from the HMAS Sydney Working Group meeting of 15 September 2016, as presented at Schedule 8.1.2 of this report. 2. Endorse the allocation of $11,000 (ex GST) taken from the Community Growth Fund - General (COA 02J2) to fund:
a) Construction of the HMAS Sydney Memorial, as presented in Figure 1 of this report and approved on the Fascine Foreshore under delegation to the CEO.
b) Preparation of interpretive sign that details the history of the battle between HMAS Sydney II and HSK Kormoran off the coast of Shark Bay on 19th November 1941.
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
That Council formally acknowledge the significant contribution of the Carnarvon RSL member’s in removing the fallen sailor plaques from HMAS Sydney Memorial Avenue, processing their cleaning and where required replacement, and re-installing the plaques along the Fascine hob wall as a walk of remembrance.
CARRIED F6/A0
15 Full Council Minutes – 27 September 2016
8.2 CORPORATE & COMMUNITY SERVICES
8.2.1 ACCOUNTS FOR PAYMENT AUGUST 2016
File No: 2F0504 Date of Meeting: 27th September 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Nadine Brown, Creditors Officer Declaration of Interest: Nil Voting Requirements: Simple Majority
Summary of Item: To present the listing of accounts paid from the Municipal Fund and Trust Fund in accordance with the requirements of the Local Government (Financial Management) Regulations 1996.
Description of Proposal: N/A
Background: Council delegated to CEO the exercise of its power under Financial Management Regulation 12 to make payments from Municipal Fund and Trust Fund.
Consultation: Nil
Statutory Environment: Local Government Act 1995 – Section 5.42 Local Government (Financial Management) Regulations 1996 – Regulations 12 and 13
Relevant Plans and Policy: All accounts are paid as per the Shire of Carnarvon’s 2016/17 Budget.
Financial Implications: Ongoing management of Council funds by providing Council with sufficient information to monitor and review payments made.
Community & Strategic Objectives:
Outcome 5.2 A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Ensure compliance with all relevant legislation and regulations.
Develop and implement audit and risk management processes.
16 Full Council Minutes – 27 September 2016 Develop an understanding of the roles and responsibilities of elected members.
Implement ongoing professional development of best practice governance for elected members and staff.
Outcome 5.4 Long-term financial viability.
Continue to comply with national financial reporting frameworks.
Maintain a high standard of financial management.
Comment: Accounts paid to 31st August 2016 are listed at Schedule No. 8.2.1 (a)
OFFICER’S RECOMMENDATION That Council a) Receive the list of payments totalling $803,496.45 as presented for the month of August 2016 incorporating. BD1626 To BD1633 Bank Direct $ 36,492.78 46226 To 46268 Muni $ 79,590.48 7234 To 7245 Trust $ 37,664.34 EFT19686 To EFT19860 Muni $ 649,748.85 Totalling $803,496.45 be endorsed by Council. b) Note Sundry Creditors as at 31st August 2016 totalling $540,328.45
FC 5/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr E Smith
That Council a) Receive the list of payments totalling $803,496.45 as presented for the month of August 2016 incorporating. BD1626 To BD1633 Bank Direct $ 36,492.78 46226 To 46268 Muni $ 79,590.48 7234 To 7245 Trust $ 37,664.34 EFT19686 To EFT19860 Muni $ 649,748.85 Totalling $803,496.45 be endorsed by Council. b) Note Sundry Creditors as at 31st August 2016 totalling $540,328.45 CARRIED F6/A0
17 Full Council Minutes – 27 September 2016
8.2.2 FINANCIAL ACTIVITY STATEMENT AND BUDGET VARIATIONS – 31 AUGUST 2016
File No: 2F0513 Date of Meeting: 27th September 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Manager Finance Declaration of Interest: Nil Voting Requirements: Officer Recommendation 1 - Simple Majority Officer Recommendation 2 - Absolute Majority
Summary of Item: In accordance with regulation 34 of the Local Government (Financial Management) Regulations, the Shire Administration is required to prepare a monthly Statement of Financial Activity for approval by Council.
Description of Proposal: N/A
Background: The Statement of Financial Activity was introduced by the Department of Local Government from 1 July 2005. This change was implemented to provide elected members with a better idea of operating and capital revenues and expenditures. It was also intended to link operating results with balance sheet items, and reconcile with the end of month balances.
Also, the regulations require a quarterly review of the budget expenditure, with the opportunity to adjust funding allocations to address financial shortcomings and changing priorities to operations, delivery of services and projects.
Consultation: Nil
Statutory Environment: Local Government (Financial Management) Regulation 33A(3) and 34 (1). 33A. Review of budget (3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review. *Absolute majority required. 34. Financial activity statement required each month (Act s. 6.4) (1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a specific purpose. (1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail — (a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c); and (b) budget estimates to the end of the month to which the statement relates; and
18 Full Council Minutes – 27 September 2016 (c) actual amounts of expenditure, revenue and income to the end of the month to which the statement relates; and (d) material variances between the comparable amounts referred to in paragraphs (b) and (c); and (e) the net current assets at the end of the month to which the statement relates. (2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets; and (b) an explanation of each of the material variances referred to in subregulation (1)(d); and (c) such other supporting information as is considered relevant by the local government. (3) The information in a statement of financial activity may be shown — (a) according to nature and type classification; or (b) by program; or (c) by business unit. (4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2), are to be — (a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and (b) recorded in the minutes of the meeting at which it is presented. (5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.
Relevant Plans and Policy: Nil
Financial Implications: Refer to Officer recommendation in relation to budget variations (increases and decreases).
Risk Assessment: Council would be contravening the Local Government act should these statements not be submitted.
Community & Strategic Objectives:
Outcome 5.2 A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Ensure compliance with all relevant legislation and regulations.
Develop and implement audit and risk management processes.
Develop an understanding of the roles and responsibilities of elected members.
Implement ongoing professional development of best practice governance for elected members and staff.
Outcome 5.4 Long-term financial viability.
Continue to comply with national financial reporting frameworks.
Maintain a high standard of financial management.
19 Full Council Minutes – 27 September 2016
Comment: Attached as Schedule 8.2.2 for consideration is the completed Statement of Financial Activity for the period ended 31 August 2016.
In accordance with the Local Government (Financial Management) Regulations, a report must be compiled on variances greater than the percentage agreed by Council which is currently plus (+) or minus (-) of 10%, or $10,000, whichever is the higher.
Additionally, as mentioned in the background above, there is a need to undertake a number of budget variations, effectively reallocating funding from one section of the budget to the other based on changing priorities. These variations are outlined in the Officer Recommendation 2.
OFFICER’S RECOMMENDATION 1 That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, receive the Statement of Financial Activity for the period ended 31 August 2016.
OFFICER’S RECOMMENDATION 2 That Council, in accordance with Regulation 33A(3) of the Local Government (Financial Management) Regulations 1996, adopt the following budget review and variations for the period 31 August 2016, as listed below.
Account Budget COA Description Comment Type Variation
INCOME BUDGET INCREASE - PROJECT OTHER GRANT INCOME - ECONOMIC QUOTES EXCEEDED EXPECTED PROJECT 5493 REVENUE -$41,900.00 DEVELOPMENT COSTS. DAFWA TO FULLY FUND THIS INCREASE
EXPENDITURE BUDGET INCREASE - PROJECT QUOTES EXCEEDED PROJECT COSTS. DAFWA 4572 EXPENDITURE ECONOMIC DEVELOPMENT - OTHER $41,900.00 IS TO FULLY FUND THIS INCREASE IN EXPENSE
BUDGET DECREASE - REALLOCATION OF FUNDS TO PRIVATE RENTAL BUDGET FROM UNALLOCATED MAINTENANCE OF STAFF 1972 EXPENDITURE STAFF HOUSING MTCE -$200.00 HOUSING BUDGET DUE TO UNDERESTIMATED MAINTENANCE COSTS REQUIRED FOR RELEASE OF BOND
BUDGET INCREASE - TO COVER GARDENING EXPENSES INCURRED TO FINALISE THE 41H2 EXPENDITURE PRIVATE RENTALS $200.00 RENTAL PROPERTY LEASE AND TO OBTAIN RELEASE OF BOND FROM RENTAL AGENT
BUDGET DECREASE - REALLOCATION OF FUNDS TO CAT CONTROL BUDGET FROM 0912 EXPENDITURE CONTROL EXPENSES OTHER (1,000) EUTHANISING BUDGET DUE TO UNANTICIPATED NUMBERS OF CATS REQUIRING BOARDING
BUDGET INCREASE - TO ACCOMMODATE FOR THE HIGHER AMOUNT OF CATS 2552 EXPENDITURE CAT CONTROL OPS 1,000 REQUIRING BOARDING DUE TO AN INCREASED UPTAKE OF CAT TRAPS
Account Budget COA Description Comment Type Variation
20 Full Council Minutes – 27 September 2016 BUDGET DECREASE - REALLOCATION OF 3572 EXPENDITURE FESTIVAL AND EVENTS (4,000) FUNDS TO RECONCILIATION PLAN BUDGET FROM THE CULTURAL PLAN BUDGET
BUDGET INCREASE - THERE ARE CURRENTLY INSUFFICIENT FUNDS IN THE 3572 EXPENDITURE FESTIVAL AND EVENTS 4,000 RECONCILIATION PLAN BUDGET TO BE ABLE TO COMPLETE THE PROJECT
BUDGET DECREASE - REALLOCATION OF VEHICLE OPERATING EXPENSE - COMM FUNDS TO THE HMAS SYDNEY & HSK 6072 EXPENDITURE (825) SERVICES KORMORAN COMMEMORATIONS BUDGET DUE TO SHORTFALL OF FUNDS
THIS BUDGET INCREASE IS TO MAKE UP FOR A SHORTFALL OF FUNDS IDENTIFIED IN THE HMAS SYDNEY AND HSK KORMORAN CARRIED FORWARD, UNEXPENDED FUNDS 3572 EXPENDITURE 825 75TH ANNIVERSARY COMMEMORATIONS RECEIVED FROM VARIOUS CONTRIBUTIONS MADE TO THE SHIRE IN 15/16 FOR THE 75TH ANNIVERSARY COMMEMORATIONS
BUDGET INCREASE - INCREASE IN EXPENDITURE TO CATER FOR RETAINING WALL REQUIRED TO BE SUPPLIED AND ERECTED ADJACENT TO SAILFISH DRIVE FOR 3960 EXPENDITURE URBAN ROAD MAINTENANCE 20,114 BEACH HOUSE DEVELOPMENT IN CORAL BAY. THIS EXPENDITURE OFFSET BY INCOME RECEIVED AT COA 141510 (COSTS TO BE REIMBURSED BY DEVELOPER)
BUDGET INCREASE - INCREASE IN REVENUE TO CATER FOR REIMBURSEMENT OF EXPENDITURE NOTED AT COA 139600 FOR 4151 REVENUE REIMBURSEMENTS (20,114) RETAINING WALL (FUNDS WILL BE REIMBURSED FROM A BOND HELD IN SHIRE TRUST FUND, PAID BY DEVELOPER)
BUDGET INCREASE - VARIATION TO THIS ACCOUNT IS CONTRIBUTED TO BY A DECREASE IN CLAG EXPENDITURE OFFSET BY A DECREASE IN INCOME NOTED AT COA 118230, AN INCREASE IN EXPENDITURE FOR THE FIMMWA PROGRAM FUNDED BY DEPT 1822 EXPENDITURE MOSQUITO CONTROL (CLAG) 20,796 OF HEALTH AND OFFSET BY AN INCREASE OF INCOME TO BE RECEIVED AT COA 118230 (INCLUDES COSTS FOR EHO CONTRACTOR) AND COSTS ASSOCIATED WITH THE IMPROVEMENTS TO THE SENTINEL CHICKEN PEN, FUNDED BY NEW GRANT INCOME TO BE RECEIVED AT COA 118230
BUDGET INCREASE - VARIATION TO THIS ACCOUNT IS CONTRIBUTED TO BY A DECREASE IN CLAG FUNDING TO REFLECT DECREASE IN EXPENDITURE AT COA 118220 BUT ALSO AN INCREASE IN FIMMWA 1823 REVENUE GRANTS (MOSQUITO FUNDING) (18,011) FUNDING FROM THE DEPT OF HEALTH AND NEW FUNDING TO BE RECEIVED FOR IMPROVEMENTS TO THE SENTINEL CHICKEN PEN. EXPENDITURE FOR CHICKEN PEN IMPROVEMENTS IS REFLECTED AT COA 118220 BUDGET DECREASE - DECREASE RESERVE TRANSFER AMOUNT TO THE MOSQUITO MANAGEMENT FUND DUE TO DECREASE IN TRANSFER TO MOSQUITO MANAGEMENT CLAG EXPENDITURE BUDGET AND 5480 EXPENDITURE (1,262) RESERVE FUND ANTICIPATED FUNDING. TRANSFER TO THIS RESERVE IS CALCULATED AT 10% OF THE FUNDED AMOUNT RECEIVED FROM DEPT OF HEALTH 21 Full Council Minutes – 27 September 2016
BUDGET DECREASE - REALLOCATION OF ENVIRONMENTAL MONITORING AND 1852 EXPENDITURE (1,523) FUNDS TO THE MOSQUITO MANAGEMENT ASSESSMENT BUDGET DUE TO A SHORTFALL OF FUNDS
BUDGET VARIATION TOTAL 0
FC 6/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1 Cr E Smith/Cr Nelson
That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, receive the Statement of Financial Activity for the period ended 31 August 2016.
CARRIED F6/A0
FC 7/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 2 Cr E Smith/Cr Nelson
That Council, in accordance with Regulation 33A(3) of the Local Government (Financial Management) Regulations 1996, adopt the following budget review and variations for the period 31 August 2016, as listed below.
Account Budget COA Description Comment Type Variation
INCOME BUDGET INCREASE - OTHER GRANT INCOME - ECONOMIC PROJECT QUOTES EXCEEDED 5493 REVENUE -$41,900.00 DEVELOPMENT EXPECTED PROJECT COSTS. DAFWA TO FULLY FUND THIS INCREASE
EXPENDITURE BUDGET INCREASE - PROJECT QUOTES EXCEEDED 4572 EXPENDITURE ECONOMIC DEVELOPMENT - OTHER $41,900.00 PROJECT COSTS. DAFWA IS TO FULLY FUND THIS INCREASE IN EXPENSE
BUDGET DECREASE - REALLOCATION OF FUNDS TO PRIVATE RENTAL BUDGET FROM UNALLOCATED MAINTENANCE OF 1972 EXPENDITURE STAFF HOUSING MTCE -$200.00 STAFF HOUSING BUDGET DUE TO UNDERESTIMATED MAINTENANCE COSTS REQUIRED FOR RELEASE OF BOND
BUDGET INCREASE - TO COVER GARDENING EXPENSES INCURRED TO FINALISE THE RENTAL 41H2 EXPENDITURE PRIVATE RENTALS $200.00 PROPERTY LEASE AND TO OBTAIN RELEASE OF BOND FROM RENTAL AGENT
BUDGET DECREASE - REALLOCATION OF FUNDS TO CAT 0912 EXPENDITURE CONTROL EXPENSES OTHER (1,000) CONTROL BUDGET FROM EUTHANISING BUDGET DUE TO
22 Full Council Minutes – 27 September 2016 UNANTICIPATED NUMBERS OF CATS REQUIRING BOARDING
BUDGET INCREASE - TO ACCOMMODATE FOR THE HIGHER 2552 EXPENDITURE CAT CONTROL OPS 1,000 AMOUNT OF CATS REQUIRING BOARDING DUE TO AN INCREASED UPTAKE OF CAT TRAPS
Account Budget COA Description Comment Type Variation
BUDGET DECREASE - REALLOCATION OF FUNDS TO 3572 EXPENDITURE FESTIVAL AND EVENTS (4,000) RECONCILIATION PLAN BUDGET FROM THE CULTURAL PLAN BUDGET
BUDGET INCREASE - THERE ARE CURRENTLY INSUFFICIENT FUNDS 3572 EXPENDITURE FESTIVAL AND EVENTS 4,000 IN THE RECONCILIATION PLAN BUDGET TO BE ABLE TO COMPLETE THE PROJECT
BUDGET DECREASE - REALLOCATION OF FUNDS TO THE VEHICLE OPERATING EXPENSE - COMM 6072 EXPENDITURE (825) HMAS SYDNEY & HSK KORMORAN SERVICES COMMEMORATIONS BUDGET DUE TO SHORTFALL OF FUNDS
THIS BUDGET INCREASE IS TO MAKE UP FOR A SHORTFALL OF FUNDS IDENTIFIED IN THE CARRIED HMAS SYDNEY AND HSK KORMORAN FORWARD, UNEXPENDED FUNDS 3572 EXPENDITURE 75TH ANNIVERSARY 825 RECEIVED FROM VARIOUS COMMEMORATIONS CONTRIBUTIONS MADE TO THE SHIRE IN 15/16 FOR THE 75TH ANNIVERSARY COMMEMORATIONS
BUDGET INCREASE - INCREASE IN EXPENDITURE TO CATER FOR RETAINING WALL REQUIRED TO BE SUPPLIED AND ERECTED ADJACENT TO SAILFISH DRIVE FOR BEACH 3960 EXPENDITURE URBAN ROAD MAINTENANCE 20,114 HOUSE DEVELOPMENT IN CORAL BAY. THIS EXPENDITURE OFFSET BY INCOME RECEIVED AT COA 141510 (COSTS TO BE REIMBURSED BY DEVELOPER)
BUDGET INCREASE - INCREASE IN REVENUE TO CATER FOR REIMBURSEMENT OF EXPENDITURE NOTED AT COA 4151 REVENUE REIMBURSEMENTS (20,114) 139600 FOR RETAINING WALL (FUNDS WILL BE REIMBURSED FROM A BOND HELD IN SHIRE TRUST FUND, PAID BY DEVELOPER)
BUDGET INCREASE - VARIATION TO THIS ACCOUNT IS CONTRIBUTED TO BY A DECREASE IN CLAG EXPENDITURE OFFSET BY A 1822 EXPENDITURE MOSQUITO CONTROL (CLAG) 20,796 DECREASE IN INCOME NOTED AT COA 118230, AN INCREASE IN EXPENDITURE FOR THE FIMMWA PROGRAM FUNDED BY DEPT OF HEALTH AND OFFSET BY AN 23 Full Council Minutes – 27 September 2016 INCREASE OF INCOME TO BE RECEIVED AT COA 118230 (INCLUDES COSTS FOR EHO CONTRACTOR) AND COSTS ASSOCIATED WITH THE IMPROVEMENTS TO THE SENTINEL CHICKEN PEN, FUNDED BY NEW GRANT INCOME TO BE RECEIVED AT COA 118230
BUDGET INCREASE - VARIATION TO THIS ACCOUNT IS CONTRIBUTED TO BY A DECREASE IN CLAG FUNDING TO REFLECT DECREASE IN EXPENDITURE AT COA 118220 BUT ALSO AN INCREASE IN FIMMWA 1823 REVENUE GRANTS (MOSQUITO FUNDING) (18,011) FUNDING FROM THE DEPT OF HEALTH AND NEW FUNDING TO BE RECEIVED FOR IMPROVEMENTS TO THE SENTINEL CHICKEN PEN. EXPENDITURE FOR CHICKEN PEN IMPROVEMENTS IS REFLECTED AT COA 118220 BUDGET DECREASE - DECREASE RESERVE TRANSFER AMOUNT TO THE MOSQUITO MANAGEMENT FUND DUE TO DECREASE IN CLAG TRANSFER TO MOSQUITO 5480 EXPENDITURE (1,262) EXPENDITURE BUDGET AND MANAGEMENT RESERVE FUND ANTICIPATED FUNDING. TRANSFER TO THIS RESERVE IS CALCULATED AT 10% OF THE FUNDED AMOUNT RECEIVED FROM DEPT OF HEALTH
BUDGET DECREASE - REALLOCATION OF FUNDS TO THE ENVIRONMENTAL MONITORING AND 1852 EXPENDITURE (1,523) MOSQUITO MANAGEMENT ASSESSMENT BUDGET DUE TO A SHORTFALL OF FUNDS
BUDGET VARIATION TOTAL 0
CARRIED BY ABSOLUTE MAJORITY F6/A0
8.2.3 INVESTMENTS AS AT 31 AUGUST 2016
File No: 2F0502 Date of Meeting: 27th September 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Finance Manager Declaration of Interest: Nil Voting Requirements: Simple Majority
Summary of Item: To seek Council’s endorsement of surplus funds invested to 31 August 2016
Description of Proposal: N/A 24 Full Council Minutes – 27 September 2016
Background: Nil
Consultation: Takes place with Financial institutes prior to renewal of investments
Statutory Environment: Section 6.14 of the Local Government Act 1995 grants Council the power to invest surplus funds.
Relevant Plans and Policy: The investment report is produced in accordance with Council’s investment policy.
Financial Implications: Nil
Risk Assessment: No risk identified
Community & Strategic Objectives:
Outcome 5.2 A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Ensure compliance with all relevant legislation and regulations.
Develop and implement audit and risk management processes.
Develop an understanding of the roles and responsibilities of elected members.
Implement ongoing professional development of best practice governance for elected members and staff.
Comment: The attached monthly report on investments (Schedule No. 8.2.3) has been compiled in accordance with the reporting framework included as part of Council’s investment policy.
OFFICER’S RECOMMENDATION That Council receive the investments report as at 31 August 2016.
FC 8/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Skender/Cr Nelson
That Council receive the investments report as at 31 August 2016. CARRIED F6/A0
25 Full Council Minutes – 27 September 2016
8.2.4 AUDIT COMMITTEE MINUTES – 10 AUGUST 2016
File No: 2F0521 Date of Meeting: 27th September 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: John Nuttall, Executive Manager Corporate Services Declaration of Interest: None Voting Requirements: Simple Majority
Summary of Item: This item presents to Council for noting and acceptance the minutes of the Audit Committee which met on 10 August 2016.
Description of Proposal: That Council receive and approve the minutes of the Audit Committee meeting held on 10 August 2016. The minutes are presented at Schedule 8.2.4(a). The documentation presented to the Audit Committee is at Schedules 8.2.4(b) and 8.2.4(c).
Background: As Council is aware, the Local Government Act 1995 (s.7.1A) requires an Audit Committee to be formed to exercise the duties conferred on it. The most recent Committee meeting was held in August and reviewed the recently received Financial Management Report and reviewed the Internal Auditing which has occurred this financial year.
Consultation: Nil
Statutory Environment:
Local Government Act 1995, Division 1A 7.1A. Audit committee (1) A local government is to establish an audit committee of 3 or more persons to exercise the powers and discharge the duties conferred on it.
7.1C. Decisions of audit committees Despite section 5.20, a decision of an audit committee is to be made by a simple majority.
Relevant Plans and Policy: This requirement is legislative rather than policy based.
Financial Implications: Nil
Risk Assessment: Should the Audit Committee not meet as required, and report back to the Council there would be a breach of the Local Government Act, 1995.
26 Full Council Minutes – 27 September 2016
Community & Strategic Objectives:
Outcome 5.2 A high standard of governance and accountability.
5.2.1 Maintain a high standard of corporate planning and reporting. 5.2.2 Ensure compliance with all relevant legislation and regulations. 5.2.3 Develop and implement audit and risk management processes.
Comment: Council is asked to note the documentation that was placed before the Audit Committee, along with the resolutions passed by the Committee at its recent meeting, and receive/adopt the Audit Committee minutes.
OFFICER’S RECOMMENDATION That Council: 1. Receive and adopt the minutes of the Audit Committee dated 10 August 2016, and presented at Schedule 8.2.4(a). 2. Note the 2015/16 Financial Management Report and the Internal Audit summarises as presented in Schedules 8.2.4(b) and 8.2.4(c) of this report.
FC 9/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr E Smith
That Council: 1. Receive and adopt the minutes of the Audit Committee dated 10 August 2016, and presented at Schedule 8.2.4(a). 2. Note the 2015/16 Financial Management Report and the Internal Audit summarises as presented in Schedules 8.2.4(b) and 8.2.4(c) of this report. CARRIED F6/A0
(Note to Minute – Cr Nelson requested that her apologies be recorded in the Audit Committee Minutes.)
8.2.5 FEES AND CHARGES VARIATIONS FOR 2016/2017
File No: 2F0514 Date of Meeting: 27th September 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Manager, Finance Declaration of Interest: Nil Voting Requirements: Absolute Majority
Summary of Item: To request that Council adopt the following variations to existing and the proposal of new fees and charges with respect to the 2016/2017 financial year.
27 Full Council Minutes – 27 September 2016
Description of Proposal: It is requested that the variations listed in the attached Schedule 8.2.5 for existing fees and charges, be adopted by Council as a result of further review and consideration at Management level in relation to the actual operational costs incurred by Council in delivering these services to the wider community base.
Council are also asked to adopt the new fees and charges submitted in the same schedule in light of new services that are anticipated to be offered and delivered and that have been budgeted for in the current financial year.
Background: In accordance with Sections 6.16 to 6.19 of the Local Government Act 1995, a Local Government may impose a fee or charge for any goods or service it provides. Fees and charges must be imposed when adopting the annual budget, however may also be imposed or amended during the course of the year if necessary.
At the Ordinary Council meeting held on the 23rd of August 2016, Council adopted the current Fees and Charges schedule as part of the overall adoption of the 2016/2017 Annual Budget.
Since this adoption, there has been a further review of the fees and charges schedule and some anomalies have been identified in existing fees and charges that now require a variation.
In addition to this, there are also some new fees and charges that are required to be included in the current schedule to reflect new services that will be offered and provided by the Shire of Carnarvon. The expenditure and income for these new services has already been included in the current years’ budget but were not part of the original fees and charges schedule adopted by Council in August.
Consultation: Internal review of current Fees and Charges schedule and consultation was undertaken by Executive Managers and senior staff.
Statutory Environment: Local Government Act 1995
6.16. Imposition of fees and charges
(1) A local government may impose* and recover a fee or charge for any goods or service it provides or proposes to provide, other than a service for which a service charge is imposed. * Absolute majority required. (2) A fee or charge may be imposed for the following — (a) providing the use of, or allowing admission to, any property or facility wholly or partly owned, controlled, managed or maintained by the local government; (b) supplying a service or carrying out work at the request of a person; (c) subject to section 5.94, providing information from local government records; (d) receiving an application for approval, granting an approval, making an inspection and issuing a licence, permit, authorisation or certificate; (e) supplying goods; (f) such other service as may be prescribed. (3) Fees and charges are to be imposed when adopting the annual budget but may be — (a) imposed* during a financial year; and (b) amended* from time to time during a financial year. * Absolute majority required.
28 Full Council Minutes – 27 September 2016
6.17. Setting level of fees and charges
(1) In determining the amount of a fee or charge for a service or for goods a local government is required to take into consideration the following factors — (a) the cost to the local government of providing the service or goods; (b) the importance of the service or goods to the community; and (c) the price at which the service or goods could be provided by an alternative provider. (2) A higher fee or charge or additional fee or charge may be imposed for an expedited service or supply of goods if it is requested that the service or goods be provided urgently. (3) The basis for determining a fee or charge is not to be limited to the cost of providing the service or goods other than a service — (a) under section 5.96; (b) under section 6.16(2)(d); or (c) prescribed under section 6.16(2)(f), where the regulation prescribing the service also specifies that such a limit is to apply to the fee or charge for the service. (4) Regulations may — (a) prohibit the imposition of a fee or charge in prescribed circumstances; or (b) limit the amount of a fee or charge in prescribed circumstances.
6.18. Effect of other written laws
(1) If the amount of a fee or charge for a service or for goods is determined under another written law a local government may not — (a) determine an amount that is inconsistent with the amount determined under the other written law; or (b) charge a fee or charge in addition to the amount determined by or under the other written law. (2) A local government is not to impose a fee or charge for a service or goods under this Act if the imposition of a fee or charge for the service or goods is prohibited under another written law.
6.19. Local government to give notice of fees and charges If a local government wishes to impose any fees or charges under this Subdivision after the annual budget has been adopted it must, before introducing the fees or charges, give local public notice of — (a) its intention to do so; and (b) the date from which it is proposed the fees or charges will be imposed.
Relevant Plans and Policy: No existing Policy affected.
Financial Implications: The adopted 2016/2017 operating budget is partially based on the revenue generated from services provided by the Council to the local community and also Council’s external clientele base.
Risk Assessment: The possible risk associated with not adopting the variations to existing and proposed new fees and charges for 2016/2017 is that it may result in a reduction of anticipated income.
29 Full Council Minutes – 27 September 2016 The length of the delay of implementation of these changes to the current fees and charges schedule will also result in a delay in the delivery of new services that have already been accounted for in the adopted 2016/2017 budget.
To mitigate this potential risk, it is recommended that Council adopts the variations and proposed new fees and charges to form the current 2016/2017 Fees and Charges schedule.
Community & Strategic Objectives:
Outcome 5.2 A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Ensure compliance with all relevant legislation and regulations.
Develop and implement audit and risk management processes.
Outcome 5.4 Long-term financial viability.
Continue to comply with national financial reporting frameworks.
Maintain a high standard of financial management.
Comment: Council reviews all fees and charges on an annual basis, prior to the finalisation of the annual budget. An extensive review was conducted in preparation of the 2016/2017 budget whereby, officers adopted a focus on improving revenue raised through fees and charges based on full cost recovery through a user pays principle. This was conducted through consultation and engagement with responsible officers accountable for individual fees and charges levied, and furthermore with Council prior to the adoption of the budget in August 2016.
As noted in the Background section of this agenda item above, the schedule attached has since identified various changes that need to be implemented for both existing and the proposal of new fees and charges for the current financial year.
To assist in Council’s consideration of this proposal and the officer’s recommendation, the schedule attached includes two additional columns to the existing format of the current fees and charges schedule. A column that will advise if the fee or charge is “Existing” or “New” and a “Comments” column that offers an explanation as to why a variation has been requested to amend an existing fee or charge and also to support the submission of a new fee or charge.
Council is also advised that an inadvertent oversight to the waste fees had occurred, and has since been corrected in the Schedule of Fees with the word ‘administration’ fee being changed to read ‘service’ fee for commercial operators disposing of waste materials at the Browns Range Landfill facility.
OFFICER’S RECOMMENDATION That Council: 1. In accordance with section 6.16 and 6.17 of the Local Government Act, 1995 adopt the following fees and charges and include in the current 2016/2017 Fees and Charges schedule; 2. In accordance with section 6.19 of the Local Government Act, 1995; (a) set an effective date to impose the following fees and charges, being 15th October 2016; 30 Full Council Minutes – 27 September 2016 (b) publicly advertise its intention to impose the following fees and charges and the date in which they will take immediate effect.
FC 10/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Nelson/Cr Garrett
That Council:
1. In accordance with section 6.16 and 6.17 of the Local Government Act, 1995 adopt the following fees and charges and include in the current 2016/2017 Fees and Charges schedule;
2. In accordance with section 6.19 of the Local Government Act, 1995; (b) set an effective date to impose the following fees and charges, being 15th October 2016; (b) publicly advertise its intention to impose the following fees and charges and the date in which they will take immediate effect. CARRIED BY ABSOLUTE MAJORITY F6/A0
8.3 DEVELOPMENT SERVICES
8.3.1 ENDORSEMENT OF CARNARVON COMMUNITY COLLEGE CAR PARKS IN MARMION STREET
8.46am – Cr E Smith declared in Impartiality Interest in this item as he is a Member of the School Council. Cr E Smith was not required to leave the meeting and could participate and vote on the matter.
File No: A946; 5RD100 Date of Meeting: 27th September 2016 Location/Address: Marmion Street Road Reserve adjacent R15274 Lot 1161 on P205734 (HN) 27 Marmion Street, East Carnarvon Name of Applicant: Department of Education Name of Owner: Shire of Carnarvon Author: Robert Pringle, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Date of previous meeting: 23rd February 2013
Summary of Item: This report concerns a request on behalf of the WA Department of Education to reconstruct, drain and bitumise the existing Marmion Street car park and construct a second car park further North within the Marmion Street road reserve as part of the Stage 2 of Carnarvon Community College redevelopment. Upon review by the Shire’s Development and Infrastructure Directorates it is recommended the Council support the request subject to conditions, inclusive of an agreement to be executed by the Minister for Education and the Local Government indicating that the Minister is responsible for maintenance and liability for the car park areas.
Description of Proposal: The existing car park on Marmion Street is outlined in Figure 1. Figure 2 (next page) and Schedule 8.3.1, demonstrate the extent of the proposed renovation and addition of a third car park adjacent to the property.
31 Full Council Minutes – 27 September 2016
Figure 1 – Existing Marmion Street Car Park
32 Full Council Minutes – 27 September 2016 The existing car parking areas will retain many of the same features, such as access points, but will be bitumised and allow for surface runoff to be collected and channeled into existing storm water drainage infrastructure at the intersection of Gascoyne Road.
The combined total of car parking spaces will be 64 and 28 spaces in parking area ‘A’ and ‘B’ respectively. Two ACROD bays are provided in priority positions for accessibility to each campus area.
With a projected increase in motor vehicle, pedestrian and cycle B B movements in the area, a Traffic Impact Assessment has been
independently prepared, quantifying and commenting on the traffic impacts associated with the Primary School use on the existing road network. Although the focus is on immediate issues associated with Stage 2 development, the assessment also considers the ultimate development of the site, inclusive of the relocation of the secondary school from the Cleaver Street campus.
There will be a total of three (3) vehicle access points to Marmion Street. The access to area ‘B’ and the northern access to area ‘A’ are located just south of Smith Street and Fleming Street intersections respectively. The traffic impact assessment relates to preliminary designs which included extension to area ‘A’ only, not a separate area ‘B.’ Though the report therefore does not address traffic impact to Smith Street, the offset and design is similar to the location of Fleming Street and the northern entry of area ‘A.’ From the impact assessment, the design will not negatively impact traffic flow at the intersection due to low overall vehicle counts during peak periods.
The existing footpath/cycleway along the property boundary is shown to be replaced from the southern extent of car park ‘A’ to the northern extent of car park ‘B’. The width will be a minimum of two metres. This footpath travels in the same general area as sub-surface scheme water pipes managed by WaterCorp. The location of the pedestrian crossing on Marmion Street will remain the same, however new crossing through area ‘A’ will reduce pedestrian/vehicle conflict within the reserve.
A A The parking area that was previously accessed from area ‘A’ is the proposed site of a new faculty/administration building, thus the net effect of the proposals will mean that all car parking associated with the current stages of development will be located within the Marmion Street and Gascoyne Road road reserves.
Background: In Stage 1 of the Carnarvon Community College development, consolidation of the East Carnarvon and Central Carnarvon primary schools was achieved. Stage 2 of the development will include significant redevelopment of ageing buildings and provision of new administration, kindergarten, sports courts, general classrooms, and an arts, crafts & music centre. A variety of landscaping works will take place, including a central outdoor ‘mall’ continuing the development plan from the Stage Figure 2 – Proposed Car Park 1 redevelopment. Site Plan
33 Full Council Minutes – 27 September 2016 In February 2013, Council considered the development of the Gascoyne Road parking and drop-off/pick-up area. At the time, Council was made aware of the general objectives of the entire redevelopment project. To accommodate all of the desired development within the existing Lots/Reserve Area, including adequately sized sporting ovals, land outside of the property boundaries was considered necessary. Since the most harmonious use of a road reserve would be for car parking, Council endorsed the development of the car park. As a condition of approval, Council required an agreement to be prepared which would indemnify the Shire from responsibility from maintenance and risks associated from the carpark, and additionally that the Department for Education is to demonstrate appropriate insurance cover against such risk.
Though the development was undertaken, the agreement was never finalised. The matter was brought to the attention of officers when similar arrangements were considered for the WACHS redevelopment and parking proposal for Francis Street.
Consultation: The matter has been referred internally through the Assets, Infrastructure and Planning sections, with minor amendments being proposed in relation to storm water drainage. The proposed agreement has been reviewed by the Manager Governance and Executive Manager Corporate Services.
Statutory Environment: Public Works Act 1902 public work and work mean and include — (a) every work which the Crown, or the Governor, or the Government of Western Australia, or any Minister of the Crown, or any local authority is authorised to undertake under this or any other Act; (b) any railway authorised by special Act or any work whatsoever authorised by any Act; (h) public schools or any other schools authorised to be established wholly or in part at the public cost by any Act in force for the time being, universities, colleges, technical and other educational institutions, including residences or hostels for teachers or students, and play-grounds;
Planning and Development Act 2005 Clause 6 of the Act excludes public works identified in the Public Works Act 1902 from being subject to the Planning and Development Act. The Shire is to be consulted when the proposal for any public work is made, and the relevant Planning Scheme should be considered.
Town Planning Scheme No. 10 The property and reserve is identified as a ‘Public Purposes – School Site’ reserve. Marmion Street is identified as a ‘local road’ reserve. Car parking, footpaths, and storm water drainage are uses consistent with a road reserve.
Relevant Plans and Policy: East Carnarvon – Kingsford District Structure Plan Relevant actions achieved through the proposal: - Streetscape improvements along Marmion Street; - Focus educational land uses in East Carnarvon to assist in creating an education hub; Related actions achieved through the proposal: - Upgrade of footpath/cycleway infrastructure adjacent to the car park areas - Formalisation of existing school parking recognised in Figure 63 (page 93).
Liveable Neighbourhoods Marmion Street is classified as an ‘Access Road’ under Main Roads hierarchy. The desirable traffic volume is less than 3000vpd at 50km/h.
Financial Implications: There are no immediate financial implications for the Shire, with the Department of Education being responsible for all construction costs for the proposed car parking area. 34 Full Council Minutes – 27 September 2016
However, Council needs to be mindful that there will be a need for the car parking area to be maintained and upgraded over the long term. Additionally, matters concerning public liability also need to be addressed. Accordingly, it is recommended that any endorsement to the car park being situated in the road reserve be supported by a deed of agreement being executed that ensure the Department of Education will also be responsible for public liability and all maintenance repairs and upgrading works in perpetuity.
Risk Assessment: Failure to complete a Deed of Agreement with the Department of Education could result in long term financial and risk liability to the Shire.
Community & Strategic Objectives: The importance of improved education is recognized in the Carnarvon Strategic Community Plan 2011, with a focus on increasing capacity as reflected in the following outcomes extracted from the Community Plan:
Outcome 1.2 Increased availability of serviced residential, commercial and industrial land.
1.2.3 Facilitate and / or participate in the development of Shire, State Government and private sector land holdings. Outcome 1.5 Increased capacity of education and training services.
Comment: Stage 2 of the Carnarvon Community College project provides for only a slightly increased number of student spaces. It will provide for additional staff and faculty capacity, though the bulk of this space would not be filled until Stage 3 of the development. The reconfiguration of car parking spaces in area ‘A’, deletion of staff parking within the property boundary, and the additional car parking area ‘B’ leaves a net increase of 28 car parking spaces serving the College.
The traffic impact assessment prepared independently for the Department identifies that existing traffic volume on Marmion Street is 1,300vpd and will only increase minimally through to Stage 3 of the development. The traffic volume is well within desired range of traffic volume for the ‘Access Street’ classification set by Main Roads and the Liveable Neighbourhoods guidelines. In regards to vehicular speed, Marmion Street is normally a 50 km/hr zone, and has a ‘School Zone’ restriction of 40km/hr during peak morning arrival and afternoon departure time periods.
As the proposal is located within the road reserve, the Shire should undertake measures to ensure all associated maintenance, repairs and liability remains with the applicant. As previously mentioned this should include the applicant preparing and executing with the Shire a Deed of Agreement that indemnifies the Shire from responsibility for maintenance, repair and damage to the car park and includes the maintenance of adequate insurance coverage.
The previous car parking area endorsed in 2013 by the Shire should be included in the Agreement, since the process undertaken following Council’s endorsement was not executed. It is anticipated that there may be similar requests made by the Department once Stage 3 (High School) of the project is advanced. The traffic impact assessment has already identified probable traffic impacts from this development, though it would be prudent for the assessment to be revised should infill development in the surrounding residential areas occur ahead of Phase 3.
Despite the Town Planning Scheme No. 10 and Planning and Development Act 2005 not being applicable due to the nature of the public works, the proposal is consistent with the intent of a ‘local road’ reserve. Additionally, the proposal achieves several of the broad actions and discussion points of the East Carnarvon- Kingsford District Structure Plan in terms of the Marmion Street streetscape. In it’s maintenance and planning cycles for infrastructure development, the footpaths developed as a part of this proposal should be linked to 35 Full Council Minutes – 27 September 2016 other neighbourhood footpaths – with the result being improved pedestrian and cycling connectivity from Robinson Street through to Chinaman’s Pool.
OFFICER’S RECOMMENDATION That Council endorse the car park redevelopment and expansion within the Marmion Street road reserve adjacent to Lot 1161 Marmion Street, subject to the following conditions:
(1) The car park areas shall be developed to generally accord with the endorsed plans (Schedule 8.3.1) dated 27 September 2016. The endorsed plans shall not be significantly modified or altered without the prior written endorsement of the CEO. (2) The proponent shall indemnify the Shire of Carnarvon from all liability and be responsible for all recurrent maintenance and future upgrading of the Carnarvon Community College car parking areas including associated drainage and pedestrian pathways, with a legal Deed of Agreement to this effect being prepared at the proponent’s expense and executed by the Shire of Carnarvon and the WA Education Department prior to commencement of construction. The agreement shall be inclusive of the Gascoyne Road car park. (3) The proponent shall submit to the local government prior to commencement of construction a current insurance policy that covers the car park areas which shall continue to be kept current in perpetuity.
FC 11/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr B Smith
That Council endorse the car park redevelopment and expansion within the Marmion Street road reserve adjacent to Lot 1161 Marmion Street, subject to the following conditions:
(1) The car park areas shall be developed to generally accord with the endorsed plans (Schedule 8.3.1) dated 27 September 2016. The endorsed plans shall not be significantly modified or altered without the prior written endorsement of the CEO.
(2) The proponent shall indemnify the Shire of Carnarvon from all liability and be responsible for all recurrent maintenance and future upgrading of the Carnarvon Community College car parking areas including associated drainage and pedestrian pathways, with a legal Deed of Agreement to this effect being prepared at the proponent’s expense and executed by the Shire of Carnarvon and the WA Education Department prior to commencement of construction.
The agreement shall be inclusive of the Gascoyne Road car park.
(3) The proponent shall submit to the local government prior to commencement of construction a current insurance policy that covers the car park areas which shall continue to be kept current in perpetuity.
CARRIED F6/A0
8.3.2 DEVELOPMENT APPROVAL: CARNARVON YACHT CLUB ABLUTION BLOCK, PUMP HOUSE AND WATER TANK
8.48am – Cr Nelson declared an Impartiality Interest in this item as her parents are members of the Carnarvon Yacht Club. Cr Nelson was not required to leave the meeting and could participate and vote on the matter.
8.48am – President Brandenburg declared an Impartiality Interest in this item as he is a member of the Carnarvon Yacht Club. President Brandenburg was not required to leave the meeting and could participate and vote on the matter. 36 Full Council Minutes – 27 September 2016 File No: A3880 P71/16 Date of Meeting: 27th September 2016 Location/Address: Lease YC Carnarvon Boat Harbour – Pt Lot 1337 on P91032 Harbour Road, South Carnarvon Name of Applicant: Carnarvon Yacht Club Name of Owner: Department for Transport Author: Robert Pringle, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Date of previous meeting: Nil
Summary of Item: This report concerns a development application by the Carnarvon Yacht Club to erect a transportable building which will provide ablutions and change rooms adjacent to the newly developed marina pens. The application also seeks development approval for the shipping container located on the property which contains a pump system to increase pressure of scheme water. Upon review by the Shire’s Planning, Building and Environmental Health sections it is recommended the Council support the request subject to conditions.
Description of Proposal: The Carnarvon Yacht Club (CYC) has purchased a second-hand transportable accommodation unit which was previously located in the City of Karratha at a mining/construction camp. As the transportable was designed and erected for another Wind Region D setting, it is an appropriate form of development for the Carnarvon region.
The use of the transportable will be a change room and ablution facility catering primarily to yachters using the new marina pens on extended stays in Carnarvon. A limited number of pens are permitted to be used for such guests as per the constitution of the CYC. The facilities are likely to have limited use by locals. There are toilet facilities existing within the lease area and the main clubhouse on the adjacent freehold property.
The transportable is 14.44m long by 3.33m wide by 2.7m high. Schedule 8.3.2 contains photos of the transportable (‘Elevations’). There are four units in the transportable, each with an ensuite containing a shower, toilet and hand basin. The existing layout of the accommodation unit includes a single bed, work desk and some cabinetry. The CYC will remove the single beds and are likely to provide some sort of bench seating to complement the change room function. No habitation will be permitted in the transportable.
As shown in Figure 1 (next page) and Schedule 8.3.2, the transportable will be located in line with the new secure access point for the holding pens. A setback of 2 metres will be provided from the lease boundary. An internal roadway of compacted dredge spoil with a topcoat of river sand runs between the marina access and the proposed site.
A verandah was purchased with the transportable (photo in Schedule 8.3.2) and will be reconstructed on site once the transportable is tied down. The verandah is the same length as the transportable and is approximately 2.1m wide. The transportable will require a concrete pad for tie-down, which could be extended to include underneath the verandah area. Steps may be used to provide access to the doorways.
The development is proposed to include a greywater recycling system, which is proposed to be used on the landscaped area on the northern side of the marina. The landscaped area was developed following the water works earlier this year. The system is subject to approval through the Department of Health, and the applicants have been liaising with the Shire’s Contract Environmental Health Officer to ensure compliance. A standard leach drain system may be used if the treatment system is not feasible.
37 Full Council Minutes – 27 September 2016
Figure 1 – Site plan showing site redevelopment and proposed development
As a part of the marina redevelopment project, the CYC was having difficulty getting adequate water pressure from the scheme water connection point. They realised that a water pump system would be required, and for security, invested in a sea container to house the pump and minimise ambient pump noise. A water storage tank supports the system. These developments were erected without Shire approval, and the current application seeks retrospective approval. Both structures are located 1.8m from the northeast boundary (Best Western property) and 4.5m from the Harbour Road boundary.
Background The CYC obtained a 21-year lease for the current land and marina area from Department of Transport in 1993. At the time, the land was primarily saltmarsh filled with river sediment. CYC raised and obtained funds to dredge the marina and channel areas in order to create land-access boat pens.
In 2015, a Royalties for Regions grant made the redevelopment of the groyne area possible. Works undertaken between November 2015 and April 2016 included stabilising and extending the sea walls at the entry to the marina and dredging the groyne and marina area to an appropriate depth. The works should have the effect of reducing the rate of sedimentation in the marina.
Once the groyne was removed, installation of floating pens was possible. This area is made secure with a keypad access gate from land. Several pens are now available for hire by passing yachters.
The pump house (sea container) and water tank were erected in early 2016 without development approval being sought. Retrospective applications are required for development approval and a building permit for
38 Full Council Minutes – 27 September 2016 these structures. The sea container and water tank sit on a concrete pad. The sea container is tied down appropriately. When full, the water tank has sufficient mass to stay immobile against wind force. It is kept full at all times in order for the pump to work properly.. The purpose of the pump is to increase the pressure of the scheme water to allow distribution over the landscaped areas and to provide scheme water to the marina area – including to the holding pens.
Consultation: A site inspection was carried out with the Building Surveyor, Contract Environmental Health Officer and Planning Officer in attendance. All parties were satisfied that the development could reasonably be made in compliance with the relevant legislation and regulations.
No public notification is required under Town Planning Scheme No. 10.
Statutory Environment: Town Planning Scheme No. 10 (TPS 10) The affected land is reserved ‘Public Purposes – Harbour Purposes’ in TPS 10. As a scheme reserve, all development is subject to local government approval, and the development should address the ultimate purpose of the reserve.
Relevant Plans and Policy: State Planning Policy 2.6 State Coastal Planning Policy The policy was reviewed and no policy measures apply to the proposed development.
State Planning Policy 6.3 Ningaloo Coast Environmental impacts related to the proposal will be managed by the Department of Health’s assessment of the application for on-site effluent disposal. The proposal represents an economic benefit to the Ningaloo Coast area, by supporting on-water activity and experience of the Ningaloo Coast.
TPS 10 Policy Statement No. 16 – Shipping (sea) containers The proposed use of a shipping container for the pump house must comply with the Scheme Policy. The proposed container is in good repair upon inspection.
Financial Implications: There are no financial implications associated with the officer’s recommendation.
Risk Assessment: There is no risk to the Local Government associated with the officer’s recommendation
Community & Strategic Implications: The proposed development accords with the following outcomes and objectives of the Shire of Carnarvon Strategic Community Plan 2011: Outcome 1.1 Increased tourism within the region
1.1.1 Promote and support local and regional tourism initiatives. 1.1.2 Facilitate the opportunities and funding options for niche tourism products and experiences. 1.1.7 Promote and support festivals, events and attractions that add value to the District’s economy.
Comment: The proposed development is consistent with the objectives of the Scheme Reserve. The goal of the development is to provide services to travelling yachters, boosting the amenity for their stay in Carnarvon. The redevelopment of the marina has already resulted in increased interest in Carnarvon, and the Yacht Club hopes to retain a complement of repeat visitors and also to attract new visitors to Carnarvon as a result. 39 Full Council Minutes – 27 September 2016 The developments have been located on the property in a way that reduces the need for additional infrastructure (such as being adjacent to water connections and power) and also minimized distance between the floating pens and the services. Shade cloth is used on the chain mesh fence to screen the entire yacht club development from view from Harbour Road.
The proposed usage rate is to be controlled through the membership of the Yacht Club. The Club Committee implemented By-Law Number 5 earlier this month to limit the number of overnight guests in the marina to 20. The applicant has expressed interest in an effluent treatment system which may permit the recycling of grey water for use on the landscaped areas within the marina. Should there be need for any additional structures or buildings to house a part of such system, it is recommended that endorsement of the local government be sought and that the development be complementary and adjacent to the current proposed facilities.
OFFICER’S RECOMMENDATION That Council, 1. Pursuant to Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions Clause 68 grant development approval for application P71/16 A3880 for development and use of a transportable ablution, pump house (sea container) and water tank on land described as Lease YC of Lot 1337 on P91032 Harbour Road, South Carnarvon subject to the following conditions: a. The development and use hereby approved shall be in accordance with the Approved Plans (Schedule 8.3.2) dated 27 September 2016, including any conditions placed thereon by the Shire of Carnarvon. b. The building so approved shall be used for an ablution block only. c. The transportable ablution building shall be set back a minimum 2m from the lease boundary. d. The pump house (sea container) shall be set back a minimum 1.8m from the northeastern lot boundary. It shall not be permitted to fall into disrepair or become unsightly and be kept free from visible rust. e. The water tank shall be located a minimum 1.8m from the northeastern lot boundary and 4.5m from the southeastern lease boundary adjacent to Harbour Road. f. A building or structure to be erected above ground for the purposes of effluent treatment from the ablution facility shall be identified on an amended site plan and shall not be installed or erected without prior written approval of the CEO. g. A landscaping plan, providing screening of the approved developments from the adjacent property and roadway, shall be submitted for approval by the Local Government and implemented within 6 months of the date of the approval. 2. Provide the following advice notes in addition to the regulatory notes with the notice of determination on the approval granted in item 1: a. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011 and Health Act 1911. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Services and Environmental Health Departments on (08) 9941 0000. b. With respect to condition (d), Council’s Scheme Policy Statement No. 16 requires uniform colouring to match existing development on the site. The existing colour scheme should be maintained, as it matches the existing and proposed ablution facilities. c. With respect to condition (f), such buildings or structures shall be sited in accordance with the Health Act 1911 and associated regulations, and are subject to approval of the WA Department of Health and the Shire of Carnarvon, and should not be installed or erected without evidence of all approvals being obtained. d. With respect to condition (g), the purpose of the landscaping is to achieve visual screening from adjacent properties and Harbour Road utilizing natural features. It is recommended that native species are utilised where practical to achieve these outcomes.
40 Full Council Minutes – 27 September 2016 FC 12/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr B Smith/Cr Nelson
That Council,
1. Pursuant to Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions Clause 68 grant development approval for application P71/16 A3880 for development and use of a transportable ablution, pump house (sea container) and water tank on land described as Lease YC of Lot 1337 on P91032 Harbour Road, South Carnarvon subject to the following conditions:
a. The development and use hereby approved shall be in accordance with the Approved Plans (Schedule 8.3.2) dated 27 September 2016, including any conditions placed thereon by the Shire of Carnarvon.
b. The building so approved shall be used for an ablution block only.
c. The transportable ablution building shall be set back a minimum 2m from the lease boundary.
d. The pump house (sea container) shall be set back a minimum 1.8m from the northeastern lot boundary. It shall not be permitted to fall into disrepair or become unsightly and be kept free from visible rust.
e. The water tank shall be located a minimum 1.8m from the northeastern lot boundary and 4.5m from the southeastern lease boundary adjacent to Harbour Road.
f. A building or structure to be erected above ground for the purposes of effluent treatment from the ablution facility shall be identified on an amended site plan and shall not be installed or erected without prior written approval of the CEO.
g. A landscaping plan, providing screening of the approved developments from the adjacent property and roadway, shall be submitted for approval by the Local Government and implemented within 6 months of the date of the approval.
2. Provide the following advice notes in addition to the regulatory notes with the notice of determination on the approval granted in item 1:
a. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011 and Health Act 1911. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Services and Environmental Health Departments on (08) 9941 0000.
b. With respect to condition (d), Council’s Scheme Policy Statement No. 16 requires uniform colouring to match existing development on the site. The existing colour scheme should be maintained, as it matches the existing and proposed ablution facilities.
c. With respect to condition (f), such buildings or structures shall be sited in accordance with the Health Act 1911 and associated regulations, and are subject to approval of the WA Department of Health and the Shire of Carnarvon, and should not be installed or erected 41 Full Council Minutes – 27 September 2016 without evidence of all approvals being obtained.
d. With respect to condition (g), the purpose of the landscaping is to achieve visual screening from adjacent properties and Harbour Road utilizing natural features. It is recommended that native species are utilised where practical to achieve these outcomes. CARRIED F6/A0
8.3.3 DEVELOPMENT APPLICATION: 70M GUYED MAST STRUCTURE AND FENCING TO GUY BLOCKS
File No: A3278; P69/16 Date of Meeting: 27th September 2016 Location/Address: Lot 256 on DP168942 North West Coastal Hwy Brown Range Name of Applicant: Broadcast Australia Pty Ltd Name of Owner: Broadcast Australia Pty Ltd Author: Robert Pringle Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: N/A
Summary of Item: A development application has been received from Broadcast Australia as they seek to replace the current 100m lattice tower with a 70m guyed mast on Lot 256 North West Coastal Highway. The land is reserved ‘Public Purposes – Radio Australia’, thus the communications tower is a suitable land use and the structure is recommended for approval. The applicant will be required to notify the Carnarvon Airport operations as the towers are constructed and demolished in order to assist with updating navigational references.
Description of Proposal: The proposed development is to erect a new 70m tall guyed mast (narrow structure with wide support wires) to replace the existing 100m lattice tower (shown in Figure 1) which is nearing the end of its lifecycle and is severely corroded (refer Schedule 8.3.3 (a)).
The existing and proposed tower both are contained within a 9,040m2 compound on the larger lot, which is serviced by an internal road network. The compound also houses some satellite dishes and operational buildings. As a result of the guy wires being used for the new mast, two areas outside the compound will be required for the ground anchors. These areas will be fenced with chain mesh and barbed wire to prevent unauthorised access.
The proposal is further detailed in the plans attached as Schedule 8.3.3 Figure 1 – Existing tower (c), but an extract of the site plans is provided at Figure 2 (next page) viewed from NWCH for clarity.
Background: Lot 256 has a long history of use for broadcast and telecommunications purposes, and was the site of the NASA Tracking Station from 1964 to 1975. The buildings associated with this operation were decommissioned, but the site has been recognised as place ‘MI 25 – Former NASA Tracking Station’ in the Shire’s Heritage Inventory. The Broadcast Australia compound and tower are not subject to the heritage listing. 42 Full Council Minutes – 27 September 2016
Broadcast Australia was the proponent of a new communications tower at Robinson Street and Lewer Road intersection in September 2014, where the Shire argued that exemption under the National Transmission Network Sales Act 1998 did not include new construction, and that development approval was required.
Consultation: The development application details were forwarded to the Airport Supervisor, who provided the information to Aerodrome Management Services P/L for comment. Similarly, the applicant forwarded the information through to CASA, with response recorded at Schedule 8.3.3 (b). Essentially, once the new tower is erected, notice to the airport operator is required for updates to the navigational aid database. Similar action will occur once the current tower is demolished.
KEY MAP
ENLARGEMENT
Figure 2 – Site Plans – Key Map and Enlargement showing the development proposal.
43 Full Council Minutes – 27 September 2016 Statutory Environment: National Transmission Network Sales Act 1998 Previously the Shire has argued the following ‘exemption’ claimed under Subsection 24(3) of the Act was flawed and successfully required Broadcast Australia to submit a development application. The subsection reads as follows: “24(3) A State regulatory law does not apply to a site or telecommunications facility that: a) is owned by the Commonwealth, an NTC or a declared successor; and b) was used at any time before the commencement of this Act in connection with a protected activity.”
The Shire’s argument is that subsection 24(5) applies, as the construction occurred after the commencement of the Act, and therefore the Planning and Development Act 2005 Applies:
“24(5) Subsections (3) and (4) do not apply to a building, structure or other telecommunications facility that commenced to be constructed after the commencement of this Act”.
Planning and Development Act 2005 As the National Transmission Network Sales Act 1998 does not apply to this construction, development is subject to the State of Western Australia’s current Planning and Development Act.
Shire of Carnarvon Town Planning Scheme No. 10 The land is reserved “Public Purposes – Radio Australia” and any development is subject to Development Approval in accordance with Part III of the Scheme and Clause 60 of the Deemed Provisions of the Scheme.
Relevant Plans and Policy: State Planning Policy 5.2 – Telecommunications Infrastructure This Policy recognises the importance of telecommunications services and provides a framework for the preparation, assessment and determination of applications for development approval. The policy states that Telecommunications Infrastructure should be sited and designed in accordance with the Guidelines for the Location, Siting and Design of Telecommunications Infrastructure. The proposed development accords with the guidelines.
Financial Implications: There are no financial implications associated with the officer recommendation.
Risk Assessment: There are no risks associated with the officer recommendation.
Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcome as expressed in the Carnarvon Strategic Community Plan 2011: Outcome 5.2 A high standard of governance and accountability.
5.2.2 Ensure compliance with all relevant legislation and regulations.
Comment: Broadcast Australia has, since September 2014, conceded to the Shire’s interpretation of the National Transmission Network Sales Act 1998. They have now submitted a development application to replace an existing 100m tower with a reduced height guyed mast on their site in Brown Range. The facility currently provides for FM radio and Digital TV broadcasting services.
The proposed development is limited to a small area of the existing site. It will not have an impact on any adjacent property, and additionally it does not impact on the heritage site identified as the Former NASA Tracking Station (Shire of Carnarvon Municipal Inventory 2015 Place No. 25). There are no impacts to the 44 Full Council Minutes – 27 September 2016 Dampier-Bunbury Natural Gas Pipeline which runs in an easement inside the eastern and northern boundaries of the whole Lot.
Broadcast Australia has provided correspondence from CASA in relation to the proposal – which identifies that the principal requirement would be for notification to be made to the Airport Supervisor when there are changes made. This would include notification both when the new tower is erected and the old tower is demolished. Further clarification is provided at Schedule 8.3.3 (b).
The author notes that in the site plan, the guy site within the existing compound is sited over a ‘gravel road’. This road is very informal and its use is negligible, therefore it would be easy to relocate the road or otherwise cease its use.
The proposal meets the objectives of State Planning Policy 5.2 – Telecommunications Infrastructure. In regards to visual impact of the development, the current 100m tower acts as a landmark for travellers in both directions through Carnarvon. It is one of the first structures visible on approach. The reduced height means that there will be a reduced visual impact. As the former NASA Tracking Station buildings have been removed from the site, the visual impact of the tower does not negatively affect the heritage place.
Unlike the Broadcast Australia tower located at the intersection of Robinson Street and Lewer Road, this facility is not adjacent to the object limit surface of the existing airport operation. It is also located in a predominantly rural setting, not creating visual amenity issues in the surrounding area. Thus it is appropriate to permit the development with fewer conditions relating to visual amenity, and to instead focus on the requirement to notify airport operations so that navigational databases will be updated.
OFFICER’S RECOMMENDATION That Council, 1. Pursuant to Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions Clause 68, grant development approval for application P69/16 A3278 for development of a 70m guyed mast structure and fencing to guy blocks at Lot 256 on DP168942 North West Coastal Hwy, Brown Range subject to the following conditions: a. The development is generally in accordance with the approved plans (Schedule 8.3.3 (c)) dated 27 September 2016, and shall be subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the CEO. b. The broadcast tower shall be lit and marked to the satisfaction of the CEO according to the recommendations of the Civil Aviation Safety Authority (CASA). 2. Provide the following advice notes with the notice of determination on the approval granted in item 1, in addition to the standard advice notes: a. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Section on (08) 9941 0000. b. One weeks’ notice prior to erection of the new guyed mast and demolition of the existing tower should be given to Carnarvon Aerodrome management. Please notify via the following emails: [email protected] & [email protected].
45 Full Council Minutes – 27 September 2016 FC 13/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr Nelson
That Council, 1. Pursuant to Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions Clause 68, grant development approval for application P69/16 A3278 for development of a 70m guyed mast structure and fencing to guy blocks at Lot 256 on DP168942 North West Coastal Hwy, Brown Range subject to the following conditions:
a. The development is generally in accordance with the approved plans (Schedule 8.3.3 (c)) dated 27 September 2016, and shall be subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the CEO. b. The broadcast tower shall be lit and marked to the satisfaction of the CEO according to the recommendations of the Civil Aviation Safety Authority (CASA).
2. Provide the following advice notes with the notice of determination on the approval granted in item 1, in addition to the standard advice notes:
a. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Section on (08) 9941 0000. b. One weeks’ notice prior to erection of the new guyed mast and demolition of the existing tower should be given to Carnarvon Aerodrome management. Please notify via the following emails: [email protected] & [email protected]. CARRIED F6/A0
8.3.4 CONSIDERATION OF ‘MOTOR VEHICLE WASH’ AS A ‘USE NOT SPECIFICALLY MENTIONED’ UNDER TOWN PLANNING SCHEME NO. 10 FOR THE ‘TOURIST ACCOMMODATION’ ZONE
File No: 4D0501; A1495 Date of Meeting: 27th September 2016 Location/Address: Land Zoned ‘Tourist Accommodation in Town Planning Scheme No. 10 Name of Applicant: Haydn & Jodie of Capricorn Holiday Park Name of Owner: Various Author: Robert Pringle Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: N/A
Summary of Item: A development proposal has been received from the Owners of Capricorn Tourist Park as they seek to lease a portion of their land adjacent to North West Coastal Highway for a ‘motor vehicle wash’. The land is zoned ‘Tourist Accommodation.’ A car wash use is not specifically listed in Town Planning Scheme No. 10 (TPS 10). In accordance with the Scheme, the use may be approved by Council, and a development application could thereafter be considered following the requirements of the Scheme for public advertising of the proposal. It
46 is recommended to endorse the listing of ‘motor vehicle wash’ as a use not specifically mentioned in the Scheme, using the definition provided in the model scheme text.
Description of Proposal: The Planning Section was approached by the applicants as they carried out due diligence for establishment of a car wash facility on their land. The Officer identified that the use is ‘not specifically mentioned’ in TPS 10, and as such, the first requirement would be to make a request to Council for the use to be considered consistent with the objectives of the zone concerned.
The applicants have provided a written request (Schedule 8.3.4 (a)), outlining certain aspects of their proposal. Included in their request is details of market research undertaken to date, the intended scope of the operation, and how the potential land use conflict between the existing and proposed uses can be mitigated. The following is a summary of the main points:
- Facility users would not need to access the caravan park, and would not interfere with park access. - Facility will include 3 Manual bays, 1 automatic wash system, dog wash and vacuum bays; - A grey water recycling system will be used and may be used for park gardens & landscaping; - Location on northern portion of property, currently an open space adjacent to North West Coastal Highway with an existing two-way crossover. - Traffic data has been obtained which should be used to generate a traffic impact assessment - Facility would be beneficial to travelling public and permanent residents of Carnarvon and surrounds - As owners of both the Caravan Park and Motor Vehicle Wash, nuisance, disturbances and conflict can be resolved internally. As owners with an adjacent sensitive land use, they would operate in a way to minimise disruption to their customers, which would also reduce disruption in the locality.
Background: The applicant’s property has been lawfully used for a Caravan Park & Camping Ground for several decades, with the use pre-dating the current Town Planning Scheme. The area used for caravan and camping sites has been increased in recent years by the former owners, with the northern (old) section of the park being used year-round and the southern (new) section of the park being operated during peak holiday seasons.
A single car wash operates in Carnarvon in a commercially zoned property, adjacent to a road house and service station. The ‘car wash’ use was determined to be a use not specifically mentioned in the Scheme and consistent with the objectives of the Commercial zone by way of FC 14/6/05 (June 2005). In the report to Council, the author identified the ‘motor vehicle wash’ definition from the Town Planning Regulations 1967 Model Scheme Text, which is the use that is proposed by the officer recommendation.
Consultation: A development control unit meeting was held with representation from Environmental Health, Building and Planning Sections to provide the applicant with relevant information, and also to ensure compliance with Caravan Park and Camping Ground licencing conditions. A requirement of the development application will be the preparation of a site plan which demonstrates future planning for compliance with the park licence conditions.
In accordance with Clauses 4.2, 4.3, and Clause 64 of the Deemed Provisions of TPS 10, any future development application will be advertised publicly (neighbour notification, website, shire bulletin board and other notification as in accordance with advertising protocol). The application will be determined by Council.
Statutory Environment: Planning and Development Act 2005 Shire of Carnarvon Town Planning Scheme No. 10 The land is zoned ‘Tourist Accommodation’. There is not currently a land use definition that reasonably contains the use of land as proposed. Subclause 4.2.4 provides for consideration of land uses “not specifically mentioned in Table No. 1” of the Scheme. 47
Caravan Park and Camping Ground Act 1995 and Regulations 1997 Many of the properties zoned ‘Tourist Accommodation’ in TPS 10 are Caravan Parks and Camping Grounds and are subject to licences issued by the Local Government. The areas proposed for a ‘motor vehicle wash’ should either be excluded from the licenced area or be available for park guests only to ensure compliance with the Act and Regulations.
Relevant Plans and Policy: Town Planning Scheme No. 10 – Scheme Report The following text provides the objectives of the Zoning: “5.4.4 Hotel, Tourist Accommodation and Private Clubs & Institutions Zones. In general these zones need little explanation, the zone categories being evocative of their intent. The Tourist Accommodation Zone has resulted from an amalgamation of two other normally encountered zone classifications of Motel and Caravan Park but the new title and expanded role of the Tourist Accommodation Zone gives greater flexibility and choice in the provision made for tourist accommodation which is particularly important for a town so dependent upon tourism.”
WAPC Planning Bulletin 49/2014 The Bulletin was consulted to determine if there was guidance in relation to commercial operations on a Caravan Park site. There was no specific mention of separation of land uses in this bulletin, however the objectives of the policy includes: “to encourage the development and redevelopment of caravan parks in a manner that responds appropriately to the environment, economy and context, and maintains a minimum standard.”
Financial Implications: There are no financial implications associated with the officer recommendation.
Risk Assessment: There are no risks associated with the officer recommendation.
Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:
Outcome 1.2 Increased availability of serviced residential, commercial and industrial land. 1.2.3 Facilitate and / or participate in the development of Shire, State Government and private sector land holdings.
Comment: Use not specifically mentioned A full review of the Scheme has been undertaken to ensure the proposed use does not fall within existing Scheme land use definitions. The author of the report for FC 14/6/05 would have come to the same conclusion. The prior decision related only to the ‘Commercial’ zone, and therefore there would not be a prior decision on record for the proposed use in the ‘Tourist Accommodation’ Zone.
Consideration of a ‘use not specifically mentioned’ in the Scheme must apply for all areas of the particular Zone, not to the development area only. Thus the Council must consider if the use is reasonably consistent with the objectives of the zone across the whole of the Scheme area.
Intent of the Zone As indicated under the Scheme Report for TPS 10, the objective of the ‘Tourist Accommodation’ zone is to provide for a range of accommodation for the travelling public. In consideration of the uses permitted or
48 subject to discretion of the Local Government presented in TPS 10, there are very few commercial uses and no industrial uses which could be permitted under the Scheme.
The Planning Section is currently drafting Local Planning Scheme No. 13 in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 1 Model Scheme Text. Within the model, the ‘Tourism’ zone has the following objectives: • To promote and provide for tourism opportunities. • To provide for a variety of holiday accommodation styles and associated uses, including retail and service facilities where those facilities are provided in support of the tourist accommodation and are of an appropriate scale where they will not impact detrimentally on the surrounding or wider area. • To allow limited residential uses where appropriate. • To encourage the location of tourist facilities so that they may benefit from existing road services, physical service infrastructure, other tourist attractions, natural features and urban facilities.
It is the intent of officers to appropriately zone uses in the Local Planning Scheme in accordance with the model scheme text, and therefore the current zone is likely to be zoned ‘Tourism.’
Off-road and four wheel driving is a common activity for locals and the travelling public in the Carnarvon/Gascoyne region. Even from normal driving conditions and through regular environmental conditions such as wind and dust, motor vehicles tend to get dirty or salt covered quite quickly. Salt in particular can assist in vehicle corrosion and deterioration. A large proportion of the travelling public have large/long vehicles and there is not a facility with adequate access to provide this service in the Gascoyne region.
As identified above, the ‘motor vehicle wash’ has a tourism function and should be considered to meet the objectives of the current ‘Tourist Accommodation’ zone by virtue of the model scheme text zone ‘Tourism’.
Character of the Zone and Locality The ‘Tourist Accommodation’ zone appears 14 times on the TPS 10 map. The areas covered include properties in most localities, and the zone is used in a mix of contexts – adjacent to standard density residential predominantly, but also within the Horticultural areas of Kingsford and Inggarda. The existing caravan parks are predominantly served by Robison Street as an ‘Important Local Road’, or are otherwise served by local roads with high service priority (Wise Street, Angelo Street & Boundary Road).
Half of the existing ‘Tourist Accommodation’ zones are at capacity and would require significant redevelopment to accommodate the proposed use. Areas of existing vacant land within the Zone are indicated with orange (part vacant) or green (whole vacant) markers in Figure 1 below and include: - Lots 60 (92) Shallcross Street & 59 (52) Boundary Road - 2.2 hectares (private land with existing dwellings and outbuildings on both lots, but not densely developed) - Lot 12 (570) Robinson Street – 3.9 hectares (vacant land – half of lot is covered by current floodway constraint in TPS 10) - Lot 501 (79) Angelo Street - 0.36 hectares (current use is for stables behind 4 units) - Lot 1 (379) Robinson Street – 1 hectare (current use for bin hire/storage – Gateway Motel) - Lot 1002 (34) David Brand Drive – 0.14 hectares (vacant – Carnarvon Motel) - Lot 971/1150 (6) West Street – 1.17 hectares (vacant – Best Western) - Lot 1368 (150) Robinson Street - 2.4 hectares (Gwoonwardu Mia reserve area and potential area for Carnarvon Road extension to Babbage Island Road) - Lot 21 (1042) North West Coastal Highway – 0.27 hectares (Capricorn Holiday Park) - Pt Lot 9500 Mahoney Avenue – 0.5 Hectares (undeveloped and serviced)
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Figure 1 – ‘Tourist Accommodation’ Zoned lands in TPS 10. Red fully developed. Orange part developed. Green vacant.
Considering the objective of WAPC Planning Bulletin 49/2014 addressed under Relevant Plans and Policies, the proposed new use must fit within the existing context of the ‘Tourist Accommodation’ use, but should also consider the context of the locality as a whole. Though each development proposal should ultimately reflect on the character of the specific locality, the current question to Council is the consistency with the proposed use in the Zone, irrespective of the individual location.
There are some areas in the existing ‘Tourist Accommodation’ Zone where a ‘motor vehicle wash’ facility would not ideally be located, including areas adjacent to standard density residential development, areas with low road service priority, and areas without complementary amenities. There are ideal locations for a ‘motor vehicle wash’ facility, including areas adjacent to high service priority roads, such as Robinson Street and North West Coastal Highway. These locations have existing ‘service commercial’ land uses, suitable for passing traffic. A ‘motor vehicle wash’ would be consistent with the other ‘service commercial’ land uses.
Application for and consideration of Development Approval Certain ‘Tourist Accommodation’ zoned areas within TPS 10 are not appropriate locations for the ‘motor vehicle wash’ use by virtue of the density of residential development in the adjacent areas. The local government would ultimately retain control of the location of facilities through the development application process, which under TPS 10 would require advertisement to affected neighbouring properties and to the public at large. It would be reasonable and defendable for the local government to refuse an application for development approval on the basis of amenity to the locality and practicality of network movement – which should then exclude the feasibility of development on low-priority roads, where access would be required through existing ‘tourist accommodation’ facilities, and where the development would negatively impact upon existing sensitive land uses.
It would be expected for any future development proposal to address the following additional matters: - Traffic impact assessment; - Noise impact assessment; - Operational plan (hours, management); and - Waste water treatment and disposal. 50
OFFICER’S RECOMMENDATION That Council, pursuant to Clause 4.2.4 of Town Planning Scheme No. 10 determine that a ‘motor vehicle wash’ use as defined below is consistent with the objectives of the ‘tourist accommodation’ zone.
“Motor vehicle wash” means premises primarily used to wash motor vehicles.
FC 14/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr E Smith/Cr Skender
That Council, pursuant to Clause 4.2.4 of Town Planning Scheme No. 10 determine that a ‘motor vehicle wash’ use as defined below is consistent with the objectives of the ‘tourist accommodation’ zone.
“Motor vehicle wash” means premises primarily used to wash motor vehicles CARRIED F6/A0
8.3.5 DEVELOPMENT APPROVAL: OVERSIZED CARETAKER’S DWELLING AT LOT 141, NORTH WEST COASTAL HIGHWAY, SOUTH PLANTATIONS
File No: A1639; P68/16 Date of Meeting: 27 September 2016 Location/Address: Lot 141 on P202366 1745 North West Coastal Hwy, South Plantations Name of Applicant: Deane Francis Wiggins Name of Owner: Deane Wiggins, Suzzanne Wiggins Author/s: Helen Karageorgiou, Economic Development and Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: N/A
Summary of Item: This report relates to an application for a proposed extension to an existing caretaker’s dwelling. The application entails the extension to accommodate an additional bedroom, office, and home gym. The proposed development requires approval of variation to certain aspects of the Shire of Carnarvon Town Planning Scheme (TPS) No 10. This report recommends that Council approves the proposed development application subject to a number of conditions.
Description of Proposal: The owners intend to extend the caretaker’s dwelling due to the expansion of the caretaker’s family and require additional development to accommodate an additional bedroom, office and a home gym. The size of the current dwelling is 176.2m² including the verandah. The proposed extension is 46.5m².
The development application does not meet the acceptable development provisions in the TPS No. 10 in terms of clause 6.13.6 which states: “maximum floor area of a caretaker’s dwelling, including any verandah, porch, pergola or patio space, or the like, but excluding an attached garage or carport, shall not exceed 180m²”
Therefore, a variation to accommodate the additional extension of the existing dwelling, is required. The existing proposed extension is shown in Figure 1 below:
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Figure 1. Locality for proposed extension on Lot 141, 1745 North West Coastal Highway, South Plantations The following plans have been submitted by the owners: Site plan in Figure 2. Floor Plan in Figure 3. Elevations in Figures 4a and 4b. Section in Figure 5.
Figure 2: Site plan
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Figure 3: Floor Plan
Figure 4a: SW Elevation Figure 4b: NW Elevation
Figure 5: 1:50 Section
The proposal is more clearly shown in the architectural drawings prepared as indicated in the site plan and in the floor plan and elevations included as Schedule 8.3.5(a) and Schedule 8.3.5(b).
The proposed development has been assessed against the requirements of Clause 6.13 of the TPS No. 10 as shown below:
Standard TPS No. 10, Proposed Compliance Maximum floor area of Not to exceed 180 m² Existing dwelling Non-Compliant caretaker dwelling, including (including verandah) : 176.2m² (but relaxation of any verandah, porch, pergola Proposed extension : 46.5 m² standards permissible by 53
or patio space, or the like, but Total : 227 m² Local Council - excluding an attached garage Clause 5.14.1) or carport (Clause 6.13.6)
Clause 5.14.1 of the TPS No.10 allows for relaxation of the standards as justified below:
POWER TO RELAX DEVELOPMENT STANDARDS AND Proposed Justification REQUIREMENTS OTHER THAN THOSE SPECIFIED IN THE RESIDENTIAL DESIGN CODES The Local Government may, where it is impossible or Existing dwelling The extension to the impractical to comply with the development standards (including verandah) : 176.2m² existing caretaker’s relax the standards set out in Parts V and VI and Table Proposed extension : 46.5 m² dwelling is required due No. 2 provided that the relaxation of any standard will Total : 227 m² to the expansion of the family. not prejudice the objectives of the Scheme bearing in The caretaker requires mind the reasons for the particular requirement or will an office to undertake not establish an undesirable precedent or will not the administrative duties detract from the amenity of the locality. (Clause 5.14.1) of the horticultural activities and operations undertaken at the plantations. Due to the distance of the dwelling from available gymnasiums in the town, a home gym is required for use by the family which is easily accessible.
Background: Lot 141 North West Coastal Highway is a plantation lot zoned as ‘intensive horticulture’ under the TPS No. 10, and the land is being used as such. The property has been subject to past development approvals for a first dwelling, caretaker’s dwelling and a shed. The caretaker, however, requires additional space due to an additional member to the family, hence the decision to extend the house (caretaker’s dwelling). The intention is to include another bedroom, an office and a home gym in the proposed additional development as discussed above.
Consultation: Internal consultation with Shire staff has been undertaken.
Statutory Environment Planning and Development Act, 2005 Part 5, Local Planning Schemes, is in force under this Act and has the objective of making suitable provision for improvement, development, and use of the land as described in the local planning scheme area.
Town Planning Scheme No 10. In the zoning table, Table 1 of TPS No.10 a caretaker’s dwelling has the following meaning:
“a dwelling on the same site as a building (or within a portion of that building), operation, or plant and occupied by a supervisor of that building, operation, or plant”.
A caretaker’s dwelling is identified as an “IP” use, meaning it should be incidental to the primary activity.
Clause 6.13.6 of the TPS No 10 limits the floor area of a caretaker’s dwelling to 180 m².
Clause 5.14.1 of the TPS No 10, allows Council to relax these standards under certain condition.
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Planning and Development Regulations 2015, Deemed Provisions: Clause 68 of the Deemed Provisions applies to exempt residential development that is proposed in accordance with the Deemed-to-Comply requirements of the Residential Design Codes. The Scheme provisions prevail over the R-codes and therefore approval from Council is required to vary the development standards.
National Construction Code 2016: Bushfire Attack Level (BAL) The property is in a bushfire prone area. In terms of the BAL assessment (basic) report the distance between the proposed development and the nearest bushfire prone vegetation was determined and certified that the horizontal distance is greater than 100 metres on flat land. The BAL Assessment (Basic) Report completed by the owner is attached in Schedule 8.3.5(c).In addition, the owners have obtained a BAL Certificate issued by a Practitioner accredited by the Fire Protection Association Australia, which is also attached. The BAL is BAL- LOW for the proposed development and, therefore, does not impact on the proposal.
Relevant Plans and Policy: State Planning Policy 3.1 Residential Design Codes The property is zoned as Intensive Horticulture. Clause 2.7 (e) of the TPS No.10 requires compliance with the R-codes, as it states development is permitted if it complies with certain requirements, one of which is:
“the erection of a single house including any extension, ancillary outbuildings and swimming pools on any land zoned Residential, Residential Development, Special Residential, Rural, Intensive Horticulture and Special Rural where such development: (i) Complies with the applicable ‘Acceptable Development’ provisions of the Residential Design Codes of Western Australia and any applicable Planning Policies and Design Guidelines”
The R-codes, however, do not specifically address a caretaker’s dwelling.
Financial Implications: There is no financial liability associated with the officer’s recommendation.
Risk Assessment: There is no risk associated with the officer’s recommendation.
Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:
Outcome 1.2 Increased availability of serviced residential, commercial and industrial land. 1.2.3 Facilitate and / or participate in the development of Shire, State Government and private sector land holdings.
Outcome 5.2 A high standard of governance and accountability. 5.2.2 Ensure compliance with all relevant legislation and regulations.
Public Notification and Referral Local Planning Scheme regulations 2015 Clause 64 No notification is required as the proposal does not have an impact on the surrounding properties.
Development Control Unit The application was circulated to Building Surveyor for comment on the BAL Assessment Report.
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Comment: The proposed extension and development is located in Carnarvon’s horticultural district. The growth of this industry, either on existing plantations or new land, will provide local economic benefits and opportunities as well as a potential catalyst for continued population growth. The Draft Local Planning Strategy 2016 also emphasises this area as becoming one of high quality food production in the region.
The application for development of this property should be encouraged as it falls within the framework of the Strategy and has minimal impact on the surrounding properties.
The application for consideration before Council is motivated based on the following:
Notwithstanding the fact that the proposed extension exceeds the permissible maximum extent of 180 m² for a caretaker’s dwelling, the relaxation of standards is permissible by Local Council in terms of Clause 5.14.1.of the Town Planning Scheme No. 10, Carnarvon Townsite and Environs. The extension of the residence will have minimal impact on the surrounding properties but provides local economic benefits for the horticultural district. The owners have also aimed to achieve a 5.4 star rating for energy compliance of their property after having received an energy efficiency compliance certificate as per Western Australian protocols by a qualified assessor. The landowner has also indicated that the purpose of the extension is to accommodate the caretaker’s growing family. In addition, the caretaker requires an office to undertake the administrative duties of the horticultural activities and operations undertaken at the plantations. Due to the distance of the dwelling from available gymnasiums in the town, an in-house gym is required for use by the family which is easily accessible.
OFFICER’S RECOMMENDATION That Council, 1. Pursuant to Clause 68 of the deemed provisions the Shire of Carnarvon Town Planning Scheme No. 10, grant development approval for application P68/16 A1639 for development of land at Lot 141 on P202366 (HN 1745) North West Coastal Highway South Plantations for an oversized Caretaker’s Dwelling subject to the following condition: a. The development is generally in accordance with the approved plans (Schedule 8.3.5 (a) and (b)) dated 27 September 2016, except as modified by conditions of approval. b. That a Deed of Agreement is prepared and submitted by the applicant prior to the issue of a building permit stating that the dwelling be used solely for the purposes of a Caretaker’s Dwelling and not for workers’ accommodation or tourist accommodation. 2. Provide the following advice notes with the notice of determination on the approval granted in item 1: a. Building application(s) are required to be submitted to the Shire for the proposed extension of the dwelling. b. Suitable landscaping measures are to be implemented in terms of Clause 6.13.7 of the Town Planning Scheme No 10: A minimum area of 30m² is to be provided as landscaped private open space, directly accessible from at least one (1) habitable space or room within the caretaker dwelling. c. A caretaker use can only be carried out for the duration the appurtenant use is being carried out. Further approval pursuant to this scheme is required where the caretaker function is sought to be carried on with a change from one use class to another on the lot. d. All stormwater from the development shall be retained on site and disposed of in a manner that does not have an adverse effect on neighbouring properties.
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FC 15/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Nelson/Cr Skender
That Council,
1. Pursuant to Clause 68 of the deemed provisions the Shire of Carnarvon Town Planning Scheme No. 10, grant development approval for application P68/16 A1639 for development of land at Lot 141 on P202366 (HN 1745) North West Coastal Highway South Plantations for an oversized Caretaker’s Dwelling subject to the following condition: a. The development is generally in accordance with the approved plans (Schedule 8.3.5 (a) and (b)) dated 27 September 2016, except as modified by conditions of approval. b. That a Deed of Agreement is prepared and submitted by the applicant prior to the issue of a building permit stating that the dwelling be used solely for the purposes of a Caretaker’s Dwelling and not for workers’ accommodation or tourist accommodation.
2. Provide the following advice notes with the notice of determination on the approval granted in item 1: a. Building application(s) are required to be submitted to the Shire for the proposed extension of the dwelling. b. Suitable landscaping measures are to be implemented in terms of Clause 6.13.7 of the Town Planning Scheme No 10: A minimum area of 30m² is to be provided as landscaped private open space, directly accessible from at least one (1) habitable space or room within the caretaker dwelling. c. A caretaker use can only be carried out for the duration the appurtenant use is being carried out. Further approval pursuant to this scheme is required where the caretaker function is sought to be carried on with a change from one use class to another on the lot. d. All stormwater from the development shall be retained on site and disposed of in a manner that does not have an adverse effect on neighbouring properties.
CARRIED F6/A0
8.3.6 PROPOSED WASTE LOCAL LAW 2016
File No: 2L0336 Date of Meeting: 27th September 2016 Location/Address: NA Name of Applicant: Shire of Carnarvon Name of Owner: NA Author/s: Mark Chadwick, Executive Manager Development Services Declaration of Interest: Nil Voting Requirements: Absolute Majority Previous Report: Nil
Summary of Item: This item is seeking Council to propose making make a new Waste Local Law (WLL) for the Shire of Carnarvon, based on minor amendments to the “Template Waste Local Law” provided by the WA Local Government Association.
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The making of the proposed Shire of Carnarvon Waste Local Law 2016 (WLL 2016) aims to ensure that an up to date local law exists that will effectively manage domestic waste services within the Shire of Carnarvon.
Description of Proposal: The purpose and effect of the proposed Shire of Carnarvon Waste Local Law 2016 is as follows;
Purpose: to make provisions that; defines various types of waste, receptacles that may be used for depositing waste and the collection and disposal of waste. Enables fees associated with providing waste services and prescribes penalties for non-compliance of any relevant provisions; within the Shire of Carnarvon.
Effect: to ensure that appropriate collection and disposal of waste occurs within the Shire of Carnarvon. Mitigate any adverse safety, health or environmental impacts associated with waste management to the community. Enable the costs associated with the provision and enforcement of waste services to be recovered for the benefit of the community.
Background: The Shire has existing local laws that relate to the collection and disposal of waste which were made under the powers of the Health Act 1911, as amended within a division of the existing Health Local Law 1997 and Health (Amendment) Local Law 2002 specifically relating to waste. These provisions are very dated and the provisions under the Health Act 1911 as amended, for making waste local laws have since been repealed. Waste local laws are currently made under the Waste Avoidance and Resource Recovery Act 2007 and Local Government Act 1995.
The Shire is expected to review its local laws on a regular basis. A review of current local laws concerning waste has not occurred since 2002 and therefore the proposed WLL 2016 is considered appropriate.
Consultation: Consultation has occurred with Shire’s Health Department staff and relevant staff at the Department of Environmental Regulation (DER) and the Department of Local Government and Communities (DLGC). Both DER and DLGC are required to be consulted before the final local law is brought back to Council for consideration. The WA Local Government Association has also been consulted and have provided some suggested changes based on the experiences of other local governments that have used the WALGA template in making their respective waste local laws. The Department of Health WA have advised that consent is not required from the Executive Director of Public Health to make the proposed local law. The WA Parliament’s Joint Standing Committee on Delegated Legislation (JSCDL) has been consulted in relation to the explanatory memorandum that is required at the completion of the process.
Statutory Environment: The proposed WLL 2016 as written in Schedule 8 3 6 (a) is made under Section 61 of the Waste Avoidance and Resource Recovery Act 2007 and Section 3.12 of the Local Government Act 1995. The Shire is using the checklist as attached in Schedule 8 3 6 (b) and guideline provided by the Department of Local Government and Communities to ensure the correct statutory process is followed for making the local law. Extracts from the relevant legislation is as follows.
Waste Avoidance and Resource Recovery Act 2007 states in; “Section 61. Local laws in respect of waste management (1) A local government — (a) may, if the CEO consents; and (b) must, if the CEO so directs, make local laws in accordance with the Local Government Act 1995 Part 3 Division 2 Subdivision 2 for the purposes specified in section 64 or generally for carrying into effect the provisions of this Part.”
The Waste Avoidance and Resource Recovery Act 2007 states in; 58
“Section 64. Subject matter of local laws (1) In this section — “owner”, in relation to premises comprised of or on land, has the meaning given in the Local Government Act 1995 section 1.4. (2) Local laws may be made for all or any of the following purposes — (a) the provision and administration of waste services and related matters; (b) the establishment, provision, use and control of receptacles for the deposit and collection of waste, whether temporary or otherwise; (c) if a local government its self undertakes or contracts for removal of waste from premises, imposing on the owner or occupier of the premises requirements in connection with the removal so as to facilitate the removal, and prescribing the manner in which the requirement is to be complied with; (d) if a local government or the holder of a waste collection permit does not itself undertake or contract for removal of waste from premises, imposing on the owner or occupier of the premises a requirement to remove waste from the premises, and prescribing the manner in which the requirement is to be complied with; (e) if a local government its self undertakes or contracts for the removal of waste, requiring the waste to be placed in waste receptacles provided by the local government; (f) prescribing intervals at which the contents of the receptacles will be removed by a local government; (g) requiring the temporary placing of waste receptacles in streets or lanes by owners or occupiers of property for collection of waste, and requiring the replacement of the receptacles on the property; (h) providing for the maintenance by owners and occupiers of waste receptacles provided by a local government; (i) providing for the issue of approvals to collect local government waste and remove it from premises; (j) fixing fees and charges in relation to waste services provided by a local government and the issue of approvals under paragraph (i), and prescribing the persons liable and the method of recovery of amounts not duly paid.”
The Local Government Act 1995 states in; Section 3.12. Procedure for making local laws (1) In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described. (2) At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.”
Financial Implications: The financial implications of making the local law are the costs associated with advertising them in a newspaper circulated statewide and publishing them in the Government Gazette. There is $10,000 allocated in COA 201D20 of the 2016-17 Budget for expenses associated with making local laws. The estimated cost for advertising in a statewide newspaper is $400 and for publishing in the Government Gazette is $1,600.
Risk Assessment: The risk associated with not having a WLL 2016 is significant due to the existing health local laws being outdated and not being made under the relevant act that has since replaced the law making powers used previously. The proposed WLL 2016 provides an ability to issue infringements and impose modified penalties, whereas the current local laws require the matter be heard in court, which is more time consuming and unnecessary for enforcing compliance for minor offences.
Community & Strategic Objectives: The proposed WLL 2016 aligns with community and strategic directions by assisting to manage waste and implement waste recycling initiatives to ensure community participation with future waste minimization programs and regulatory compliance with waste services provided by the Shire.
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Outcome 2.3 Improved management of recycling and re-use of waste.
2.3.1 Develop a regional integrated waste management program, including recycling, reuse and waste minimisation.
2.3.2 Promote recycling through the introduction of landfill fees.
2.3.3 Investigate waste collection strategies including recycling, green waste and bulk waste collections.
2.3.4 Develop the landfill site to accommodate opportunities for recycling materials.
2.3.5 Once a site is established, promote, encourage and support waste materials, recycling, reuse and minimisation.
Outcome 5.2 A high standard of governance and accountability.
5.2.1 Maintain a high standard of corporate planning and reporting.
5.2.2 Ensure compliance with all relevant legislation and regulations.
5.2.3 Comment:
The5 Shire.2.4 currently does not have a stand alone WLL and is instead relying on outdated provisions within its Health Local Laws 1997, as amended. The head of power for making these local laws no longer comes from provisions within the Health Act 1911, as amended but from the Waste Avoidance and Resource Recovery Act5 20.2.075 . The proposed WLL 2016 provides better aligned and consistent enforcement powers for the implementation of household waste collection and disposal within the Shire, including the setting of fees and charges and enforcement of modified penalties, which are more appropriate to current needs. The financial costs associated with establishing the local laws are within the adopted budget and reasonable.
OFFICER’S RECOMMENDATION
That Council pursuant to s. 3.12 of the Local Government Act 1995 and s 61 of the Waste Avoidance and Resource Recovery Act 2007
1. PROPOSES to make the Shire of Carnarvon Waste Local Law 2016 as written in Schedule 8 3 6 (a) ; 2. DIRECTS the CEO to enact the Procedures for making a valid Local Law: In accordance with Local Government Act 1995 and Ministerial Directions as written in Schedule 8 3 6 (b). 3. CONSIDER after the last day for submissions following 6 weeks advertising in a notice published statewide, at a Council meeting a. submissions received; and b. whether to make the local law as proposed (by absolute majority); or c. whether to make a local law that was not significantly different from what was proposed (by absolute majority).
FC 16/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr Nelson
That Council pursuant to s. 3.12 of the Local Government Act 1995 and s 61 of the Waste Avoidance and Resource Recovery Act 2007
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1. Proposes to make the Shire of Carnarvon Waste Local Law 2016 as written in Schedule 8 3 6 (a). 2. Directs the CEO to enact the Procedures for making a valid Local Law: In accordance with Local Government Act 1995 and Ministerial Directions as written in Schedule 8 3 6 (b). 3. Consider after the last day for submissions following 6 weeks advertising in a notice published statewide, at a Council meeting: a. submissions received; and b. whether to make the local law as proposed (by absolute majority); or d. whether to make a local law that was not significantly different from what was proposed (by absolute majority). CARRIED BY ABSOLUTE MAJORITY F6/A0
8.3.7 REQUEST TO WAIVE HAWKERS/TRADERS/STALLHOLDERS LICENCE FEE FOR SHIRE OF CARNARVON PET REGISTRATION DAY EVENT
File No: 3R0312 Date of Meeting: 27th September 2016 Location/Address: Carnarvon Town Oval Name of Applicant: N/A Name of Owner: N/A Author/s: Mark Chadwick, Executive Manager Development Services Declaration of Interest: Nil Voting Requirements: Absolute majority Previous Report: 27th October 2015
Summary of Item: This report relates to a request from Ranger Services seeking Council’s consideration to waiving the Hawkers/Traders/Stallholders licence fee charge for a Pet Registration Day event to be held 5th November 2016 at the Town Oval.
Description of Proposal: The proposal is to waive the statutory Local Government licence fees for Hawkers/Traders/Stallholders applicable to the Pet Registration Day event.
Background: For the Council’s information, recent amendments to the Dog Act, 1996 means dogs were to be micro- chipped effective from the 1st November 2015. This change in the legislation has prompted the Shire’s Rangers Services to arrange a Pet Registration Day event for the 1st November 2015 to encourage dog owners to register their pets by the due date. The event also promoted responsible pet ownership and animal welfare, as well as create an informative and interactive environment with the view to enforcing the Shire of Carnarvon’s commitment to the pet community.
This event is similar to successful pet events held in Perth and larger Shires throughout Western Australia and across Australia. These include events such as Dog Day Out, Dogs Breakfast, Million Paws Walk.
The event is to include approximately three stalls, displays and activities conducted by local businesses involved in animal health and welfare (ie Vets) and mobile food traders. Additionally, discussions on legal requirements of pet owners will be a focus of Ranger Services.
The approval for the event is being processed under delegated authority. Consultation:
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Discussion has occurred within the Ranger Services staff and Community Development staff as well as proposed stallholders relevant to the organization of the event.
Statutory Environment:
Dog Act, 1976 Part II Division 2 Section 22 (2) of the Dog Act, 1976 requires on or after 1 November 2015 an owner of a dog that has reached 3 months of age to be microchipped.
Local Government Act, 1995 The payment of fees is required pursuant to provisions of the Local Government Act, 1995. Specifically, Section 6.12 (1)(b) of the Act affords Council the ability to waive payments as outlined below: 6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may — (a) When adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; or (b) Waive or grant concessions in relation to any amount of money; or (c) Write off any amount of money, Which is owed to the local government. * Absolute majority required. (2) Subsection (1) (a) and (b) do not apply to an amount of money owing in respect of rates and service charges. (3) The grant of a concession under subsection (1) (b) may be subject to any conditions determined by the local government. (4) Regulations may prescribe circumstances in which a local government is not to exercise a power under subsection (1) or regulate the exercise of that power.
Local Government Act Local Laws, Section 29 Section 29.3 of the Shire of Carnarvon Local Government Act Local Laws requires a hawker, trader or stall holder to pay $25 each, as reflected in the Council’s Fees and Charges 2016/17.
Relevant Plans and Policy: At present the Council does not have a policy in relation to the waiving of fees.
Financial Implications: Should Council support this request there is expected to be a loss of income to the Shire (GL Account 117330) in the amount to $75, based on three (3) stalls being established for this event.
Risk Assessment: There is no perceived risk associated with this request.
Community & Strategic Objectives:
Outcome 5.4 Long-term financial viability.
Continue to comply with national financial reporting frameworks.
Maintain a high standard of financial management.
Implement long term financial planning.
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Comment: The event is primarily for the registration of dogs and invites local Veterinarian staff to conduct microchipping at the same time. Pet owners will also be able to register their cats, and gain further information animals in general.
To encourage attendance and create a community event atmosphere, it is intended to invite stall holders to sell coffee, food, drinks, services and pet products. However, without this support, it is doubtful many community members will attend, resulting in many dogs remaining unregistered contrary to the Dog Act provisions. Accordingly, the waiving of the stallholder fee will go some way to encouraging participation from local businesses, with the desired result being: An increased level of compliance against the Dog and Cat Acts; An opportunity to create a better informed community about pet ownership; and Carnarvon being recognised as a responsible pet friendly town.
Staff are also of the view that the benefits from this positive community event will far out way the waived stall holder licence fees in strengthening community relationships generally.
OFFICER’S RECOMMENDATION That Council, pursuant to Section 6.12 (1)(b) of the Local Government Act (1995), waive the hawkers, traders and stall holders license fee (as prescribed in the Shire of Carnarvon Schedule of Fees 2016/17) for the Shire of Carnarvon Pet Registration Day Event to be held on 5th November 2016.
FC 17/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr B Smith
That Council, pursuant to Section 6.12 (1)(b) of the Local Government Act (1995), waive the hawkers, traders and stall holders license fee (as prescribed in the Shire of Carnarvon Schedule of Fees 2016/17) for the Shire of Carnarvon Pet Registration Day Event to be held on 5th November 2016.
CARRIED BY ABSOLUTE MAJORITY F6/A0
8.4 INFRASTRUCTURE SERVICES
8.4.1 INFRASTRUCTURE STATUS REPORT – SEPTEMBER 2016
File No: – Date of Meeting: 27th September 2016 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Will Taylor – Manager, Assets Wayne Sanderson – Infrastructure Operations Manager Gloria Quinn – Asset Strategy Officer Declaration of Interest: Nil Voting Requirements: Simple majority Previous Report: – ______
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Summary of Item: For Council to receive information on projects and activities undertaken by the Infrastructure section via the ‘Status Report for September 2016’ attached at Schedules 8.4.1(a) and 8.4.1(b).
Description of Proposal: At the request of Council, it is proposed to include a Status Report and Infrastructure Monthly Report for each Ordinary Council Meeting (OCM) providing information on the major activities of the Infrastructure section for the previous month.
Background: Some years ago, an Infrastructure Status Report was included as part of the agenda for each OCM. Due to ensuing staff changes and differing management styles this process lapsed leaving a gap in the information available to Councillors. Recently, a request was made to reinstate the Status Report so that Council may be adequately informed on infrastructure projects and activities occurring within the town and the Shire in general.
Consultation: Nil
Statutory Environment: Nil
Relevant Plans and Policy: Nil
Financial Implications: Nil
Risk Assessment: N/A
Community & Strategic Objectives:
Outcome 5.2 A high standard of governance and accountability.
5.2.1 Maintain a high standard of corporate planning and reporting.
Outcome 5.6 Best practice human resource management practices
5.6.2 Provide timely and accurate information across the organisation.
Comment: Council has recognised the need for additional information on infrastructure activities to be provided at OCMs to assist with decision making and addressing queries from constituents.
OFFICER’S RECOMMENDATION That Council receive the Infrastructure Status Report for September 2016 as provided at Schedule 8.4.1(a) and 8.4.1(b) to this report.
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FC 18/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr B Smith
That Council receive the Infrastructure Status Report for September 2016 as provided at Schedule 8.4.1(a) and 8.4.1(b) to this report. CARRIED F6/A0
8.4.2 2016 KIDSAFE PLAYGROUND AUDIT REPORT
File No: 5R0305 Date of Meeting: 27th September 2016 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Will Taylor – Manager Assets Gloria Quinn – Asset Strategy Officer Declaration of Interest: Nil Voting Requirements: Simple majority Previous Report: Nil
Summary of Item: For Council to receive the 2016 Kidsafe WA Playground Audit Report for Carnarvon (attached at Schedule 8.4.2).
Description of Proposal: An audit of Carnarvon’s playground equipment has been undertaken revealing that significant failures exist in the current condition of playground components in some of the parks within the Carnarvon town site.
Accordingly, this report is tabled to make Council aware of the nature of these failures and the options available to rectify any hazards.
Background: In February 2016, Katherine Celenza from Kidsafe WA conducted an inspection of playground equipment in Carnarvon parks and foreshore areas. This audit is conducted regularly across WA to ensure safety issues are identified and assist local governments in mitigating risks of damage or injury that may result from playground components that do not comply with relevant Australian Standards.
Consultation: Kidsafe – Child Accident Prevention Foundation of Australia (Western Australia)
Statutory Environment: The 2016 Kidsafe WA Playground Audit Report states –
“In Western Australia there is no regulatory requirement to comply with the Australian Standards relating to playgrounds. However, the Australian Standards are widely regarded as a minimum standard and failing to comply with these standards could lead to prosecution in the event of an incident leading to a serious child injury or death.”
Relevant Plans and Policy: Nil 65
Financial Implications: The 2016/17 budget allocation for playground equipment maintenance is $4,957.00 to be used to cover the expense in replacement parts and labour costs.
However, there are some playgrounds that have been identified as unsafe and beyond repair, and if not removed there can be significant implications in the event of a claim for injury or death.
Risk Assessment: A risk matrix is included in the report and priority ratings are provided for each set of playground equipment. It is important the Shire be diligent in maintaining this equipment, and removing where required, to ensure the safety of public users.
Community & Strategic Objectives:
Outcome 2.1 Improved physical quality of the built environment.
2.5.1 Develop and maintain township streetscapes, parks, gardens and open spaces in accordance with aspirations of the community.
Outcome 5.2 A high standard of governance and accountability.
5.2.2 Ensure compliance with all relevant legislation and regulations.
5.2.3 Develop and implement audit and risk management processes.
Comment: Although “there is no regulatory requirement to comply with the Australian Standards, self-regulation of inspecting the respective playground equipment is encouraged. In this regard, it is important to note that some of the safety issues documented in the audit report have already been addressed, and that a process of regular inspection and repairs is being implemented by Shire staff.
Other than weathering and corrosion, damage to playground equipment can occur from misuse by adolescents and adults for whom the equipment was never intended to cater. Council has little to no capacity to prevent such damage but regular inspection and repair can assist in mitigating the risk of injuries to young children.
OFFICER’S RECOMMENDATION That Council receive the 2016 Kidsafe Playground Audit Report, and support remedial action or removal to address playground equipment failures in line with the Report recommendations and 2016/17 budget allocation.
FC 19/9/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr E Smith
That Council receive the 2016 Kidsafe Playground Audit Report, and support remedial action or removal to address playground equipment failures in line with the Report recommendations and 2016/17 budget allocation. CARRIED F6/A0
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9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
Nil
10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF COUNCIL
Nil
11.0 DATE OF NEXT MEETING:
The next meeting will be held on Tuesday 25th October 2016 commencing at 10.30am in Coral Bay.
12.0 MATTERS FOR WHICH THE MEETING BE CLOSED TO THE PUBLIC:
Nil
13.0 CLOSURE:
The Chairman declared the meeting closed at 9.06am.
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