For the Meeting to Be Held

Ordinary Council

MINUTES

FOR THE MEETING TO BE HELD WEDNESDAY, 23 NOVEMBER 2016 IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016 Meeting Notice

Dear Councillor

I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 23 November 2016, commencing at 5:30pm.

Yours faithfully

GARY EVERSHED CHIEF EXECUTIVE OFFICER

3 ATTENTION/DISCLAIMER

This agenda has yet to be dealt with by the Council. The Recommendations shown at the foot of each item have yet to be considered by the Council and are not to be interpreted as being the position of the Council. The minutes of the meeting held to discuss this agenda should be read to ascertain the decision of the Council.

In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public.

No responsibility whatsoever is implied or accepted by the Shire of Augusta Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings.

The Shire of Augusta Margaret River 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 of intimation occurring during Council or Committee meetings.

Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting 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 intimation of approval made by any member or Officer of the Shire of Augusta Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta Margaret River.

The Shire of Augusta Margaret River advises that anyone who has any application lodged with the Shire of Augusta Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta Margaret River in respect of the application.

The Shire of Augusta Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

5 TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

Minutes of the Ordinary Council Meeting held on Wednesday 9 November 2016, in Council Chambers, 41 Wallcliffe Road, Margaret River, commencing at 5.30pm. Ordinary Council Meeting

1. DECLARATION OF OPENING The Shire President welcomed all in attendance and declared the meeting open at 5.31pm

2. ATTENDANCE Shire President : Cr Ian Earl North Ward

Councillors : Cr Kylie Kennaugh North Ward Cr Peter Lane North Ward Cr Kim Hastie Leeuwin Ward Cr Mike Smart Leeuwin Ward Cr Felicity Haynes Town Ward Cr Pam Townshend Town Ward

Chief Executive Officer : Mr Gary Evershed

Director Sustainable Development : Mr Dale Putland

Manager Asset Services : Mr David Nicholson

Manager Planning and Development Services : Mr Nick Logan

Minute Secretary : Ms Claire Schiller

MEMBERS OF THE PUBLIC 11

MEMBERS OF THE PRESS Augusta Margaret River Times : Mr Warren Hately

7 2.1 Apologies Mr Johan Louw, Director Infrastructure Services

2.2. Approved Leave of Absence Cr Pam Townshend, Town Ward

3. DISCLOSURES OF INTEREST

3.1 Item 11.4.1 List of Payments for October 2016 – Financial Interest – Director Corporate and Community Services, Ms Annie Riordan

The Director Corporate and Community Services disclosed interest in Item 11.4.1 List of Payments for October 2016, the credit card expenses which is certified by the Chief Executive Officer.

3.2 Item 11.2.4 Flinders Bay Master Plan, Augusta, Cr Smart

Cr Smart disclosed a proximity interest in Item 11.2.4 Flinders Bay Master Plan, Augusta, on the basis that the Reserve 24653 that encompasses the Flinders Bay Caravan Park also wraps around the coast to incorporate the foreshore at Grannies Pool directly across the road from Cr Smart’s house.

4. PUBLIC QUESTIONS

4.1. Response to Previous Public Questions Taken on Notice Nil

4.2. Public Question Time 4.2.1 Item 15.1 Michael Gray v Shire of Augusta Margaret River State Administrative Tribunal Matter DR268 of 2016 – Ms Helen Bradbury Helen Bradbury of 229 Horseford Road, Burnside, prior to the meeting submitted the following question in relation to Item 15.1 Michael Gray v Shire of Augusta Margaret River State Administrative Tribunal Matter DR268 of 2016, Manager Planning and Development provided the response:

The question and response were displayed for members of the public gallery.

Q1: I seek clarification with details in the “recommendation” section of Item 15.1 Michael Gray v Shire of augusta Margaret River State Administrative Tribunal Matter DR268 of 2016. Do the numerical extractive industry licence conditions 3, 4, 6, 8, 14, 21, 22, 23 & 24 correspond with the alphabetical conditions determined in Item 11.2.1 at the OCM 27 July 2016 c, d, f, h, n, u, v, w & x? If not, what alphabetical conditions do they refer to with reference to the OCM decision on 27 July 2016?

Yes, the numerical conditions do relate to the corresponding letters of the conditions expressed in the question and set out in the minutes of the ordinary council meeting from 27 July 2016. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

5. APPLICATIONS FOR LEAVE OF ABSENCE Nil

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Council Meeting held 9 November 2016

A correction was made to Item 3.2 Disclosures of Interest ‘Item 11.2.3 Scheme Amendment and Associated Structure Plan – Lot 21 Caves Road, Hamelin Bay – Cr Hastie’, to reflect the wording of Cr Hastie’s declaration of impartial interest as per the written form submitted at the meeting.

Cr Hastie alerted the meeting to a second administrative error which resulted in the following correction:

That on page 62 the word ‘large’ be changed to the word ‘small’ in the reason for amendment OM2016/236.

The following motion was then moved to include the corrections:

MOTION / COUNCIL DECISION CR HASTIE, CR HAYNES OM2016/248 That Council confirms the minutes of the Ordinary Council Meeting held 9 November 2016 with corrections made to Item 3.2 Disclosures of Interest ‘Item 11.2.3 Scheme Amendment and Associated Structure Plan – Lot 21 Caves Road, Hamelin Bay – Cr Hastie’, and the change of the word ‘large’ to ‘small’ on page 62, to be a true and correct record of the meeting. CARRIED 6/0

7. DEPUTATIONS 7.1 Item 11.2.1 Free Standing Illuminated Sign at 12440 (Lot 4) Bussell Highway, Karridale – Mr Mark Hunt

Mr Mark Hunt, Principle Planner of RPS Australia, representing the owner / applicant of 12440 Bussell Highway, addressed the meeting in relation to Item 11.2.1 Free Standing Illuminated Sign at 12440 (Lot 4) Bussell Highway, Karridale. A summary of his deputation is as follows:

Better Choice purchased the service station component from Mr Jim Challis approximately 12 months ago. Mr Challis still retains ownership of the existing Tavern.

Since June this year RPS and the operators have been working with Shire officers to secure the necessary approval to enable the rebranding of the service station commencing with the installation of new signage on site to replace the existing “Gull” signage which is tired, outdated and now redundant. During this process we’ve gone to the lengths required to provide all the necessary information to address concerns raised both internally and by the sole objector.

9 Whilst we support the officer’s general recommendation for approval of the proposed freestanding sign, there are a number of recommended conditions we don’t support. These include:

 Condition No. 3 requiring a reduction of the sign height from 6.8m to 5m; and  Condition No. 4 limiting illumination of the sign to 10pm daily.

In support of this 6.8m high x 2.4m wide freestanding sign, I wish to make the following comments:

 The height of the existing “Gull” signage on site is 7m which is higher than the new 6.8m high signage proposed;

 The site has a frontage of approximately 130-140m to Bussell Highway. Given the nature of the use and that this is the only free-standing sign that Better Choice proposes – I believe the additional height and width is considered reasonable and in context;

 The integration of the company signage, fuel price display and commercial facilities on the site warrants the size of sign being sought;

 The proposed sign will replace two-existing free-standing signs on site thereby reducing the total number of signs on site. The proponent is also committed to removing the additional “A” frame signs that regularly appear along the frontage of the site;

 Greater consideration needs to be given to the signage approval that was granted for signage of the same dimensions at the Margaret River location (for the same operator). I would argue that the Margaret River site is a more visually prominent and yet Shire planning officers and Councillors were supportive of the signage in this location;

 Whilst the sign departs from the acceptable design standards of LPP26 for a freestanding sign, the Policy is a set of guiding principles and therefore the sign should be considered against the performance criteria of LPP26. The proposed sign is considered to be generally consistent with the performance criteria as it is:

 Sufficiently positioned away from any residents to overcome any amenity concerns;  Is of a scale and proportion that is commensurate with the existing Roadhouse buildings and is roughly at the same height as the current 7m high sign that exists on site;  Will not result in visual clutter or compromise the streetscape appearance along Bussell Highway;  Will not protrude above the skyline (including buildings, structures and tree canopies) when viewed from the surrounding locality; and  Will not compromise the safety or create a visual hazard to road users on Bussell Highway. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

 Reference is made in the report indicating that the sign will be illuminated for 24 hours a day. This is incorrect. For obvious reasons, there will be no need to illuminate the sign during daylight hours. The sign is proposed to be illuminated overnight between 6pm and 6am;

 The nearest dwelling is approximately 75m away and is partially obscured from view by vegetation on the eastern side of Bussell Highway. Therefore, I would argue that there will be negligible impact on the amenity of these residents with regards to visibility and light spill;

 The signage contractors use 4.7watt LEDs to illuminate the sections of signage i.e. top panels and lower panels. They are low emission bulbs. The Illuminated price digits are adjustable in light intensity so they can be adjusted to a level that ensures signage remains visible whilst at the same time not affecting nearby properties, the closest being 75m away;

 The sign will not flash or pulsate;

 Impact on character is a very subjective assessment and it’s a questionable argument to suggest that a sign at 5.0m high x 2.4m wide is acceptable but the additional 1.8m is the tipping point where it is no longer in keeping with the character of Karridale. The sign is consistent in character with the use of the site on which it is located;

 The existing Tavern has in place an approved operating licence until 12 midnight. The proposed sign includes panels that promote the Tavern. Therefore, I believe it’s reasonable to expect that the illumination of the sign could occur until 12 midnight in keeping with the Tavern’s approved operating licence.

Councillors, I ask that some consistency be applied in the assessment and approval of the proposed sign at 6.8m x 2.4m which are the exact same dimensions that were approved for the proposed service station (also being operated by Better Choice) on the corner of Bussell Highway and Boodjidup Road roundabout, which is far more prominent than the location of the Karridale Roadhouse. Residents are also far closer in this example where it was determined by officers that it would not have a detrimental impact on the amenity of the location.

In summary, the proponent seeks the Council’s support for the modification of the recommended conditions as follows:

 Removal of Condition No. 3 which requires the reduction of the sign height. The wording of Condition No. 1 and reference to the plans submitted will enable the sign to be constructed at 6.8m high and 2.4m wide; and  If Councillors aren’t willing to support the request for illumination between 6pm and 6am, we would like to request Condition No. 4 be modified so that illumination could occur until 12 midnight which is in keeping with Jim Challis’s approved operating licence. 11 The Shire President called for questions and thanked Mr Hunt for his deputation.

8. PETITIONS Nil

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER

9.1 Welcome to Director Sustainable Development, Dale Putland

The Shire President introduced the newly appointed Director Sustainable Development, Dale Putland, and welcomed him to the meeting and to the Shire of Augusta Margaret River.

9.2 Thank you to Acting Director Sustainable Development, Nick Logan

The Shire President acknowledged the hard work of Nick Logan, Manager Planning and Development and thanked him for his time as Acting Director Sustainable Development.

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

11.1. Chief Executive Officer

13 11.1.1 NOTES OF COUNCILLOR AGENDA BRIEFINGS AND CONCEPT FORUM SESSIONS FROM 13 JULY TO 9 NOVEMBER 2016

LOCATION/ADDRESS Shire of Augusta Margaret River

APPLICANT/LANDOWN Shire of Augusta Margaret River ER

FILE REFERENCE COR/221

REPORT AUTHOR Megan Smith, Executive Assistant

AUTHORISING Gary Evershed, Chief Executive Officer OFFICER

IN BRIEF  Council conducts bi-monthly as required Councillor Briefing Sessions which are run under strict guidelines in compliance with the Department of Local Government and Communities (DLGC) Guidelines.  Council’s policy for the conduct of the Councillor Information Briefing Sessions provides for the proceedings of the briefings to be brought to Council and for wider community awareness as a public record in the form of notes as an additional accountability mechanism.  Notes of recent Councillor Briefing sessions are presented to be received by Council in accordance with Council’s adopted policy.

RECOMMENDATION That Council receives the Notes of Councillor Agenda Briefings and Concept Forum Sessions from 13 July 2016 to 9 November 2016.

LOCATION PLAN Nil

TABLED ITEMS Nil

BACKGROUND The purpose of Councillor Agenda Briefings and Concept Forums is to:

1. Provide relevant information so that Councillors are better informed when participating in Council decision making processes. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

2. Provide a forum for two-way communication between elected members and key staff members on important Council related matters. 3. Provide an inclusive opportunity for general community members and the press to receive the same information on Agenda Items being provided to elected members on a range of relevant topics

Agenda briefings and workshops sessions are centred on one or more of the following outcomes which can be classified under the DLGC Guidelines for Councillor Forums as either a Concept or an Agenda Forum:

Concept Forums  capacity building and up skilling of Councillors  discussion of governance processes and effectiveness  a statement of principles on key issues  guidance to the CEO on further avenues of research  compiling a list of critical issues resulting from the briefing  the brainstorming of ideas  policy development and direction (but not adoption)  ongoing discussion of the Shire’s strategic direction

Agenda Forums  breaking down of complex issues before Council  clarification of items on the Council agenda  requests for additional information on items on the Council agenda  confidential discussion of items which are on the agenda and which will be discussed with members of the public excluded

Agenda Briefing Sessions are open to all elected members and generally to all members of the public and press. The Chief Executive Officer is to be in attendance and other relevant Directors and staff as required by the CEO for the provision of information to elected members.

Matters of a confidential nature to be included in a Council agenda will be discussed at closed briefing sessions (i.e. not open to the public). Otherwise normal briefing sessions will be open to the public at a suitable publicly accessible time.

As recommended by the Department of Local Government and Communities, sessions considered by the CEO in consultation with the Shire President to be Concept Forums will be closed to the public to facilitate the open discussion of preliminary ideas and concepts by Councillors.

CONSULTATION AND ADVICE External Consultation The Local Government Operational Guidelines Number 5 Council Forums have been considered and adapted for use in the Shire of Augusta Margaret River setting.

Internal Consultation Nil

15 DISCUSSION / OFFICER COMMENTS The following are the informal notes of the Councillor Agenda Briefings and Concept Forum Sessions recently held as recommended by Council’s adopted policy which is consistent with the DLG Guidelines.

Notes of Councillor Agenda Briefings and Concept Forum Sessions from 13 July 2016 to 9 November 2016.

Date: 13 July 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan

Closed Councillor Briefing - Burnside Road Extractive Industry – legalities and consequences The Acting Director Sustainable Development presented an outline of the issues around the Burnside Road extractive industry local law permit application. (The briefing was closed due to legal advice that might need to be taken in the future).

Closed Councillor Briefing - Arts Margaret River Licence Agreement for the Management of the Cultural Centre The CEO, Gary Evershed and Dr Fred Affleck, President of Arts Margaret River gave a briefing covering the current status of the licence agreement and the process for its renewal. (The briefing was closed as the briefing covered commercially sensitive information)

Extractive Industry Licence application - Burnside The Acting Director Sustainable Development, Nick Logan, facilitated a briefing which gave an opportunity for the applicant and members of the public to address Council.

Date: 27 July 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan.

Closed Councillor Briefing – CEO Performance Targets The CEO, Gary Evershed, briefed Council on the CEO performance targets for 1 July 2016 to 30 June 2017 (The briefing was closed as it dealt with the financial situation of an individual person).

Closed Councillor Briefing - Proposed Extractive Industry Permit – Burnside Road The Acting Director Sustainable Development, Nick Logan, gave an outline of the application for a Permit under the Shire’s Extractive Industry Local Law relating to SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

9500 Burnside Road. (The briefing was closed as it included confidential legal advice).

Date: 10 August 2016 – Councillor Briefings Cowaramup Attendance: Crs Earl, Kennaugh, Haynes, Lane, Smart, Hastie, Acting CEO, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan.

Community Engagement Policy The Coordinator Community Planning and Development, Kirstie Kitis, presented to Council on the change to the Community Engagement Policy.

Community Strategic Plan The Coordinator Community Planning and Development, Kirstie Kitis, gave an overview to Council on the Community Strategic Plan.

Illegal Camping at Alexandra Bridge The Coordinator Ranger Services, briefed Council on the problem of illegal camping at Alexandra Bridge and the approach of the Rangers to the issue, as well as responding to calls for using various methods to prevent the problem.

Date: 24 August 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan.

Closed Councillor Briefing – CEO Performance Review The CEO, Gary Evershed, briefed Council on the CEO performance review report for 2016. (The briefing was closed as it dealt with the financial situation of an individual person) (Note: Crs Lane, Earl and Townshend were not present for this briefing).

Closed Councillor Briefing – Ward Review The CEO, Gary Evershed, briefed Council on the Ward Review which has commenced. (The briefing was closed due to legal advice which might be obtained in the future).

Homelessness Policy The Coordinator Community Planning and Development, Kirstie Kitis, presented on the Shire’s Homelessness Policy.

Public Art Trail The Coordinator Community Planning and Development, Kirstie Kitis, presented on the Public Art Trail

Margaret River Busselton Tourism Association (MRBTA) The CEO of the MRBTA, Pip Close, gave an overview of the past year and the planning for the year ahead.

17 2016-2017 Firebreak Notice Senior Ranger, Alison Scott, gave an update on the 2016-2017 Firebreak Notice.

Date: 14 September 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Infrastructure Services, Johan Louw, Acting Director Corporate and Community Services, Dylan Brown, Acting Director Sustainable Development, Matt Cuthbert.

Councillor Briefing – Lot 122 Bussell Highway Witchcliffe The Acting Director Sustainable Development, Matt Cuthbert, gave a briefing on scheme amendment 44 and related structure plan for lot 122 Bussell Highway Witchcliffe, the Witchcliffe Village.

Councillor Briefing – Bushfire Attack Levels (BAL) The Acting Director Sustainable Development, Matt Cuthbert, gave an update on the BAL.

Date: 28 September 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Acting Director Infrastructure, David Nicholson, Acting Director Sustainable Development, Nick Logan.

Gas Exploration in Margaret River The CEO, Gary Evershed, facilitated presentations by Jeff Haworth and Mark Gabrielson of the Department of Mines and Petroleum, Lisa Chatwin and Cr Pete Lane on the methodologies and applications for gas exploration in the Margaret River region. Perimeter Road Update The Acting Director Infrastructure, David Nicholson, facilitated a briefing by Main Roads updating Councillors on the progress of the project.

Flinders Bay Cape Leeuwin Trail The Acting Director Infrastructure, David Nicholson, updated Councillors on the budgetary implications of the project due to the anticipated over budget expenditure requirements.

Closed Councillor Briefing – Community Reference Group The Coordinator Community Planning and Development, Kirstie Kitis, gave a briefing to Council to receive nominations and appoint the Community Reference Group for involvement in the Your Vision 2036 project. (The Briefing was closed as confidential details of private individuals were discussed.)

Date: 12 October 2016 Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Acting SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

Director Infrastructure, David Nicholson, Acting Director Sustainable Development, Nick Logan.

Asbestos Removal Program The Acting Director Infrastructure Services, David Nicholson, and the Manager Building and Asset Services, David Gunn, updated Councillors on the Shire’s asbestos removal program.

Date: 9 November 2016 Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Infrastructure, Johan Louw, Acting Director Sustainable Development Nick Logan, Acting Director Corporate and Community Services, Andrew Ross.

Closed Councillor Briefing SAT review of Extractive Industry Licence Conditions The Coordinator Legal Services, Ian McLeod updated Council on the Extractive Industry Licence status. The Grays submitted an application for Review to the State Administrative Tribunal in relation to 9 of the Conditions imposed on the Extractive Industry Local Law Licence. The SAT conducted an onsite mediation on 25 October 2016 where amendments to some of the conditions were requested by the Grays. The SAT made an order allowing the Council to consider these amended conditions and re-consider its previous decision. The briefing was closed as, while any decision that comes out of mediation will be public, the content of any discussions had in mediation are subject to confidentiality. Furthermore, the Council may want legal advice on its prospects if the matter goes to a final hearing in the SAT.

Bushfire Risk Management Plan (BRMP) The Bushfire Risk Planning Coordinator, Chris Lloyd, provided information on the BRMP and progress with risk assessments and treatment schedules.

Augusta Aero Club Lease and Relocation The Coordinator Legal Services, Ian McLeod, updated councillors on the number of issues which need to be determined by Council regarding the lease and relocation of the hangar, including the extent that the Shire should pay for the relocation.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 5: Effective leadership and governance Community Outcome 5.1: Effective governance and corporate leadership Strategic Response 5.1.1: Attract and develop high quality Councillors that are able to lead and articulate the community’s aspirations Service level strategy/plan 5.1.1.5: Conduct Councillor briefing sessions prior to Ordinary Council Meetings and bring a record of briefings Council Meetings on a quarterly basis

PLANNING FRAMEWORK Nil

FINANCIAL IMPLICATIONS Nil 19 SUSTAINABILITY IMPLICATIONS Environmental Nil

Social Nil

Economic Nil

VOTING REQUIREMENTS Simple Majority

RECOMMENDATION That Council receives the Notes of Councillor Agenda Briefings and Concept Forum Sessions from 13 July 2016 to 9 November 2016.

ADVICE TO APPLICANT / PROPONENT Nil

ATTACHMENTS Nil

RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR LANE OM2016/249 That Council receives the Notes of Councillor Agenda Briefings and Concept Forum Sessions from 13 July 2016 to 9 November 2016. CARRIED 6/0 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

11.2. Sustainable Development

21 11.2.1 FREESTANDING ILLUMINATED SIGN AT 12440 (LOT 4) BUSSELL HIGHWAY, KARRIDALE

LOCATION/ADDRESS 12440 (Lot 4) Bussell Highway, Karridale

APPLICANT/LANDOWN RPS ER

FILE REFERENCE PTY/1819, P216364

REPORT AUTHOR Angela Satre, Senior Planner

AUTHORISING Nick Logan, Acting Director Sustainable Development OFFICER

IN BRIEF • The Karridale Roadhouse, at 12440 (Lot 4) Bussell Highway (the Site), is the subject of a development application to replace the existing signage that fronts Bussell Highway with a single illuminated freestanding sign. • The proposed sign is 6.8m high and 2.4m wide and is intended to be illuminated 24 hours a day. • The proposal was advertised and one objection was received. • The proposal does not meet criteria set out by the Shire’s Local Planning Policy 26 Signage (LPP26) given the sign is oversize, illuminated and located within 100m of the neighbouring dwelling. • It is recommended that the proposal be approved with conditions, including that it be limited to 5m in height which will increase its level of compliance with Shire policy.

RECOMMENDATION That Council grants conditional approval to the proposed Service Station Addition (Freestanding Illuminated Sign) at 12440 (Lot 4) Bussell Highway Karridale.

LOCATION PLAN

Figure 1: Site Plan TABLED ITEMS Nil SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

THE SITE The Site is currently developed with the Karridale Roadhouse (Gull service station) and Tavern and the primary site access is from Bussell Highway. To the north east, at the Brockman Highway intersection, is the Karridale Crossroads (general store, service station, and guest house / residence).

Land immediately surrounding the Brockman Highway intersection, is zoned ‘Village Centre’ and is developed with a Transport Depot (Lot 1 corner Brockman/Bussell) and disused church (Lot 123 corner Bushby/Bussell). Surrounding the Site to the south and south east is agricultural zoned land and the south-eastern site is developed with a dwelling and two chalets.

The Site has a 127m wide frontage to Bussell Highway which contains the existing Gull petrol service station sign, the green timber Karridale Roadhouse sign and at least eight ‘A’ frame signs of various sizes.

THE PROPOSAL The proposed sign would advertise a rebranded ‘Better Choice’ service station, petrol prices and some facilities offered on Site. It would be illuminated overnight seven days a week. The sign would be 6.8m high and 2.4m wide, and would have a total area of 16.3m2 and be setback one metre from Bussell Highway. A copy of the proposal plans is included as Attachment 1 and an impression of the proposed sign is provided in Figure 2 below.

Figure 2: Proposed Sign

The proposed sign will replace and be positioned slightly north of the existing green timber ‘Karridale Tavern’ sign at the north end of the property. The existing "Gull" branded free-standing sign at the south end of the property is to be removed in addition to the ‘A’ frame signs along the Bussell Highway frontage (refer to Figures 3 and 4 below).

Figures 3 & 4: Existing Signs

CONSULTATION External Consultation The application was referred to surrounding land owners. One submission of support was received from a nearby land owner. A late objection from the occupier of the dwelling to the north east of the Site was also received with concerns about the proximity of the sign to the residence.

Western Power provided generic advice about working near electrical infrastructure.

Comments were also received from Main Roads WA; no objection was raised to the proposal subject to: a) The sign complying fully with all of the relevant by-laws and planning schemes made by the Shire of Augusta Margaret River;

23 b) The level of illumination must be appropriate to the level of off-street ambient lighting; and c) The illumination does not flash or pulsate.

STATUTORY ENVIRONMENT I LEGAL IMPLICATIONS Nil

PLANNING FRAMEWORK Leeuwin Naturaliste Ridge Statement of Planning Policy (LNRSPP) The Settlement Hierarchy (table 5) of the LNRSPP designates Karridale as a ‘hamlet with enclaves’; elaborating that a hamlet should function as a rural service centre, with a focus for rural living and tourist facilities.

The LNRSPP describes Bussell Highway as a Travel Route Corridor. The land immediately to the north of the Site is identified as a Travel Route Corridor with Rural Landscape Significance.

Local Planning Strategy The Shire’s Local Planning Strategy (LPS) identifies the Site and majority of the land to the west of Bussell Highway within Visual Management Zone A. As a result, careful consideration must be given to the impacts of development on the local rural character.

Karridale Hamlet Settlement Strategy The Karridale Hamlet Settlement Strategy, May 2000 (KHSS) describes the character of Karridale as:

“ … very low key and unobtrusive nature of built development…open vistas through a rural environment together with some vegetation in isolated pockets and within road reserves…Part of the local character is also found in views to the Leeuwin Naturaliste Ridge to the west and the form of Bushby and Chapman Roads linking Bussell Highway with Caves Road”.

Local Planning Scheme No. 1 The Site is zoned Village Centre by Local Planning Scheme No. 1 (LPS1). The purpose of the zone is to provide for the expansion of small-scale community and retail points whilst preserving the character of the settlement.

The LPS1, at clause 4.2.5.2, also highlights the importance of maintaining village character as an objective of the zone. Those relevant zone objectives include to ensure that:

(a) the scale and design of development promotes village character and atmosphere; (b) developments preserve and enhance the streetscape character and values of each village centre; and (c) developments are complemented by landscaping to enhance their appearance and provide a sense of identity consistent with the village’s established character. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

Schedule 5 of LPS1 also details sign types and numbers of signs that are exempt from the requirement for development approval relative to each land use zone. Freestanding signs are not listed in Schedule 5 Exempt Signs and therefore planning approval is required for all freestanding signs. Applications for signs are assessed against the Shire’s Local Planning Policy 26 Signage (LPP26).

Local Planning Policy 26 Signage Shire Policy LPP26 provides acceptable development standards for freestanding signs including a maximum height guideline of 5m and a maximum area of 5m 2. LPP26 also specifies that freestanding signs should not be illuminated. The proposed sign exceeds both the height (by 1.8m) and the area guidelines (by 11.3m2) and it is intended that it be illuminated 24 hours. Proposed variations to the acceptable development standards are assessed against the relevant performance criteria in LPP26 which include:  Signage that is of a scale, proportion and form appropriate to the streetscape;  Signage that makes a contribution to the desired streetscape;  Signage that does not have an unreasonable adverse impact to streetscape interaction;  Rationalisation of signage to reduce visual clutter, to simplify existing signage, to screen an unsightly view, or to supplement landscaping;  Signage that does not result in a visual impact to the skyline.

PLANNING ASSESSMENT Consideration of the proposed sign is undertaken in context of the existing sign which it replaces, consistency with LPS1 and Shire sign policy and the extent to which it is of an appropriate size and scale for its intended location.

Whilst the height of the sign is consistent with the existing ‘Gull’ sign which is approximately 7m tall, the overall size of the proposed sign is larger in that it is 2.4m wide (as opposed to the Gull sign at 1.2m) and therefore its overall area is 16.3m2 compared with 8.4m2. The larger size of the sign adds to the extent which it has an influence on the visual amenity of the area.

In relation to the proposed level of illumination, the sign does not meet the performance criteria set out by LPP26 which specifies that illuminated signs must be setback more than 100m to a residential use. In this case the proposed sign would be setback 75m to the residence to the north east and an objection has been received from the affected occupier of the premises. The extent to which this element of the proposal is likely to cause an inconvenience to neighbours can be lessened via applying a condition that illumination of the sign be limited (for example) to 10pm.

Other performance criteria relating to visual impact against which the proposal must be considered require a greater level of subjective consideration. The existing character of Karridale is of a low key, low density village centre, wherein the current ‘Gull’ sign is the only development of its type (by way of its height and illumination) for many kilometres between Augusta and Witchcliffe. The type of sign expected in a settlement of this type must therefore differ from what might be considered acceptable in a more urban environment. In this context the proposed sign cannot be considered to be in keeping with the ‘established village character’ of Karridale. 25 Notwithstanding, a certain level of signage associated with service stations is expected and provided for by Shire policy. It is recommended that with modification, the extent of visual impact that the proposed sign will have can be reduced to that which is similar to the existing sign, whilst still allowing for a rationalisation of other smaller signs on the site which is the proponents intention. As such it is recommended that:  The height of the sign be limited to 5m as per LPP26;  The width of the sign be supported as proposed at 2.4m (resulting in an area of 12m2); and  Illumination be allowed until 10pm only.

STRATEGIC PLAN/POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016 - 2020 Goal 3: Managing growth sustainably. Community Outcome: Clearly define areas for growth and renewal Strategic Response: Implement Local Planning Scheme No. 1

FINANCIAL IMPLICATIONS There are no financial implications arising due to the proposal.

SUSTAINABILITY IMPLICATIONS Environmental There are no environmental implications arising from the proposal with retention of surrounding vegetation.

Social Social implications from the proposal may arise due to impacts arising from the proximity of the development to the north eastern residence and impacts that may arise to the unique village character of Karridale.

Economic There may be an economic impact to the proponent from increased revenue arising from the proposal.

RECOMMENDATION That Council, in accordance with clause 68 (2) of the Deemed Provisions of Local Planning Scheme No. 1, grants conditional approval to the Service Station Addition (Freestanding Illuminated Sign) at 12440 (Lot 4) Bussell Highway, Karridale subject to the following conditions:

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

Plans and P1 – P2 received at the Shire offices on 13 July 2016. Specifications

2. If the development, the subject of this approval, is not substantially commenced within two (2) years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. The sign the subject of this development approval (the approved sign) is permitted up to a maximum height of five (5) metres from natural ground level. Amended plans shall be submitted prior to the issue of a building licence showing compliance with a maximum five metre height limit.

4. The approved sign is permitted to be illuminated up to 10pm daily. From 10pm to 6am the sign shall not be illuminated.

5. The approved sign shall be maintained in good condition to the satisfaction of the Shire.

6. The approved sign shall be installed so that there is no detrimental impact upon traffic safety and amenity in the locality. The sign shall not flash or pulsate and the level of illumination of the sign shall be appropriate to the level of off-street ambient lighting. (P)

7. Existing signage within 7m of the Bussell Highway frontage of the site shall be removed prior to practical completion of the approved sign (refer to advice note b).

8. The existing trees and vegetation fronting Bussell Highway to the immediate north and west of the approved sign are to be retained and shall not be impacted by excavation or construction phases of the development.

9. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta Margaret River Standards & Specifications. (I)

10. Works are prohibited within the road reserve including pruning or clearing of vegetation without prior written approval of the Shire and or Main Roads WA. The proponent shall submit and implement a Traffic Management Plan prepared by an accredited Traffic Manager in accordance with the Main Roads WA Traffic Management Code of Practice, and Australian Standards AS 1742.3 – 2009 for any works within the road reserve (including road). (I)

ADVICE NOTES a. This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority before any work commences on site as per the Building Act 2011.

27 b. The existing signage required to be removed includes the ‘A’ frame signs, the green timber Karridale Roadhouse sign, and the Gull petrol price sign that are displayed along the Bussell Highway frontage of the site.

ATTACHMENTS 1. Proposed Plans

RECOMMENDATION CR HASTIE, CR SMART That Council, in accordance with clause 68 (2) of the Deemed Provisions of Local Planning Scheme No. 1, grants conditional approval to the Service Station Addition (Freestanding Illuminated Sign) at 12440 (Lot 4) Bussell Highway, Karridale subject to the following conditions:

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

4. The approved sign is permitted to be illuminated up to 10pm daily. From 10pm to 6am the sign shall not be illuminated.

5. The approved sign shall be maintained in good condition to the satisfaction of the Shire.

7. Existing signage within 7m of the Bussell Highway frontage of the site shall be removed prior to practical completion of the approved sign (refer to advice note b). SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

10. Works are prohibited within the road reserve including pruning or clearing of vegetation without prior written approval of the Shire and or Main Roads WA. The proponent shall submit and implement a Traffic Management Plan prepared by an accredited Traffic Manager in accordance with the Main Roads WA Traffic Management Code of Practice, and Australian Standards AS 1742.3 – 2009 for any works within the road reserve (including road). (I)

b. The existing signage required to be removed includes the ‘A’ frame signs, the green timber Karridale Roadhouse sign, and the Gull petrol price sign that are displayed along the Bussell Highway frontage of the site. 0/0

Cr Hastie moved the following amendment:

AMENDMENT / COUNCIL DECISION CR HASTIE, CR SMART OM2016/250 That Condition 4 be amended to: That the approved sign is permitted to be illuminated up to midnight daily. From midnight to 6am the sign shall not be illuminated. CARRIED 6/0

REASON Cr Hastie spoke to the motion with reference to the applicant’s request at Item 7.1 Deputations, stating that the amendment is a fair and reasonable compromise.

MOTION / COUNCIL DECISION 29 CR HASTIE, CR SMART OM2016/251 That Council, in accordance with clause 68 (2) of the Deemed Provisions of Local Planning Scheme No. 1, grants conditional approval to the Service Station Addition (Freestanding Illuminated Sign) at 12440 (Lot 4) Bussell Highway, Karridale subject to the following conditions:

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

4. The approved sign is permitted to be illuminated up to midnight daily. From midnight to 6am the sign shall not be illuminated. 5. The approved sign shall be maintained in good condition to the satisfaction of the Shire.

7. Existing signage within 7m of the Bussell Highway frontage of the site shall be removed prior to practical completion of the approved sign (refer to advice note b).

10. Works are prohibited within the road reserve including pruning or clearing of vegetation without prior written approval of the Shire and or SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

Main Roads WA. The proponent shall submit and implement a Traffic Management Plan prepared by an accredited Traffic Manager in accordance with the Main Roads WA Traffic Management Code of Practice, and Australian Standards AS 1742.3 – 2009 for any works within the road reserve (including road). (I)

b. The existing signage required to be removed includes the ‘A’ frame signs, the green timber Karridale Roadhouse sign, and the Gull petrol price sign that are displayed along the Bussell Highway frontage of the site. CARRIED 6/0 11.2.2 AMENDMENT NO. 32 TO LPS1 AND RELATED STRUCTURE PLAN, KEVILL ROAD EAST

LOCATION/ADDRESS Lots 56, 57 and 58 Kevill Road East, Margaret River

APPLICANT/LANDOWN Halsall & Associates Town Planning Consultants ER

FILE REFERENCE LND/1/32SASP

REPORT AUTHOR Matt Cuthbert, Acting Manager Development Services

IN BRIEF  The proposal seeks to amend the zoning of three existing and adjoining ‘rural residential’ lots, in order to facilitate their future subdivision into smaller (1ha) lots.  Council initiated the amendment in April 2015, however the applicant was delayed in providing modified documents such that advertising did not commence until July 2016.  No objections were received during the advertising period.  It is recommended that the proposal be forwarded to the Western Australian Planning Commission (WAPC) with a recommendation for approval.

RECOMMENDATION That Council recommends to the WAPC that Amendment 32 and the related Structure Plan be approved.

SITE AND SURROUNDS

31 The subject land consists of three lots (Lots 56, 57 and 58) which are 3.0026ha, 3.0018ha and 3.00ha in size respectively. The land is located to the west of the Margaret River town centre and has frontage to Kevill Road East via co-joining battle-axe legs. Surrounding land is zoned ‘Rural Residential’ and consists of lots which are generally 3ha in size. Within the surrounding area designated as ‘RR15’ a structure plan is in place which allows further subdivision down to a minimum lot size of 1ha. Re-subdivision of 3ha lots in the area is being progressively undertaken consistent with the structure plan.

Figure 1 – Location Plan

TABLED ITEMS Nil

BACKGROUND Council endorsed a structure plan (referred to as a Detailed Area Plan at that time) to provide for future re-subdivision of the rural residential area surrounding (but not including) the subject land, in 2011 (see Figure 2).

Figure 2 – Excerpt from existing Detailed Area Plan

At the ordinary meeting of 22 April 2015 Council resolved to amend the scheme to allow the potential for further subdivision of the land. A draft modified structure plan which was submitted with the amendment was supported for the purposes of advertising, on the basis that it was modified to provide the opportunity for subdivision of each lot into two and not three lots as sought by one of the landowners.

THE PROPOSAL The proposal consists of two elements being:  Identification of the land in Schedule 11 – ‘Special Provisions Relating to Development on Land Zoned Rural-Residential Zone’ of LPS1. This provides the statutory basis for subdivision of the lots to a minimum lot size of 1ha, subject to the preparation of a suitable modification to the structure plan which applies to adjacent land; and  A modification to the existing Kevill Road structure plan which demonstrates how one of the subject lots (57) could be subdivided into a total of 2 lots, each of approximately 1ha.

The modified structure plan can be found at Attachment 1. It proposes that Lot 57 be strata - subdivided in battle axe formation with rights to the access leg being shared with adjoining Lot 56 so that the one point of access will serve 4 lots.

It should be noted that whilst supportive of the rezoning of their land, the owners of Lots 56 and 58 have not put forward a structure for the future subdivision of their land given that they have no intention of subdividing at this time.

CONSULTATION SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

A total of 11 submissions were received during the consultation period, 10 being from government agencies and service providers and 1 from a member of the public. All submissions supported the proposal or raised no objections.

PLANNING FRAMEWORK LPS1 The subject land is zoned ‘Rural Residential. Clause 4.22.1(b) requires a minimum lot size of 3ha. However, clause 4.22 states:

In the event of any conflict between the provisions of clause 4.21 and the site- specific provisions of Schedule 7, the provisions of Schedule 7 shall prevail.

As such, reference to an alternative lot size in Schedule 7, provides for the creation of lots smaller than 3ha.

Land surrounding the subject land is zoned Rural Residential and designated ‘RR15’. The provisions included at Schedule 7 relevant to the ‘RR15’ designation state that:

1. The local government will not support any proposal to re-subdivide the land until such time as a Local Structure Plan has been prepared and adopted for the land in accordance with the Scheme having regard the relevant considerations for the preparation of such a plan at clause 6.2.8. 2. Subject to the overriding consideration that as much existing vegetation as possible shall be preserved, vegetation on the land may only be removed where it is dead or dangerous or required to be removed to give effect to an approved subdivision or development or to satisfy a bushfire requirement. 3. Notwithstanding the provisions of Clause 4.21 of the Scheme, the minimum lot size for any re-subdivision of the land shall not be less than 1hectare.

Local Planning Strategy Council’s adopted position with respect to proposals to re-subdivide rural residential land takes the form of a proposed amendment to the Shire’s Local Planning Strategy. Locational and subdivisional criteria are to be added to the LPS as follows:

Locational Criteria The re-subdivision of areas which display any of the following attributes are unlikely to be supported:  Significantly vegetated – subdivision of densely vegetated land would result in an undesirable environmental outcome, would likely put future residents at higher risk of bushfire, and have greater potential to be inconsistent with the environment and landscape provisions of the LNRSPP.  Located in areas which have an extreme fire risk and/or have poor fire management characteristics.  Located along Caves Road – Caves Road is identified as a travel route corridor by the LNRSPP wherein development should be sited so as to be inevident from the road. Subdivision would result in additional development and thus a greater potential for adverse visual impact.

33  Located in an identified Environmental Corridor (LPS) or National Park Influence Area.  Located in areas which have been developed around the maximisation of views, where additional development would impact upon such views and landscape character  Isolated from all other lots having potential for subdivision (i.e. - would commence rather than complete a pattern of subdivision inconsistent with the character of the locality).  Not easily accessible, for example – no direct road frontage, located at end of long cul de sac, etc.

Subdivision Criteria Once an area has been determined to be suitable for re-subdivision (refer to locational criteria for guidance) proposals should be required to meet the following criteria:  Subdivision at a ratio of less than 1ha (average) will not be supported.  Lots of not less than 4000m2 may be considered where a clustered subdivision approach is appropriate notwithstanding that the 1ha average lot size will still need to be met.  Rezoning and structure planning necessary to support subdivision should be undertaken on a precinct (rather than lot by lot) basis unless completing a pattern of subdivision.  Subdividers will be required to contribute to the proportional upgrade of infrastructure necessary to adequately service the intended additional population.  Opportunities for re-subdivision should seek to provide enhanced environmental outcomes.  A bushfire hazard assessment and Bushfire Management Plan is to be prepared and implemented at the time of subdivision.

DISCUSSION / OFFICER COMMENTS In response to the subdivision criteria, the land’s inclusion in the Kevill Road structure plan will necessitate contributions towards road upgrading, as is applicable to all other subdivision which occurs in this area. In respect to fire management, the proponent has prepared a Bushfire Management Plan (BMP) which confirms that future development upon undeveloped strata lots (572 and 573) can be undertaken to a maximum Bushfire Attack Level (BAL) rating of 29 which is an acceptable rating, subject to a moderate amount of vegetation clearing within proximity to the proposed building envelopes.

The proponent has also provided an environmental study which confirms that there are no declared rare or priority species located within the areas which require modification by the BMP. A large Marri tree is identified as being a likely ‘habitat tree’, however its proximity to the existing dwelling on the site means that it will not need to be removed to facilitate development.

A structure for the subdivision of Lots 56 and 58 has not been provided as the owners of the land do not intend to subdivide in the foreseeable future. As such, the modified structure plan contains a notation which requires that a further modification SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016 to the plan will be required prior to subdivision. This will necessitate that detailed site investigations such as geotechnical, environmental and fire management will occur.

The proponent has sought, post advertising, to seek some very minor changes to the plan which include increasing the truncation to the access driveway and reducing the extent of that driveway which is ‘common property’. These changes do not alter any physical development outcomes as previously supported by Council and are recommended for approval.

FINANCIAL IMPLICATIONS Nil

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 3: Managing Growth Sustainably Community Outcome: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No. 1 (LPS1) Service level strategy/plan: Provide Planning Services

SUSTAINABILITY IMPLICATIONS Environmental The site is predominantly cleared and building envelopes are located to avoid removing existing vegetation where possible.

Social The proposal provides the opportunity to increase the resident population without compromising the amenity of the area.

Economic The subdivider will be responsible for the provision of the necessary infrastructure to the newly created lots, and has paid a fee for the processing of the amendment.

RECOMMENDATION That Council:

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

a) including reference to Lots 56, 57 and 58 Kevill Road East Margaret River within Schedule 7 – Special provisions relating to development on land zoned “Rural-Residential Zone”, (relevant to clause 4.21) at RR-15 under the ‘Site Description’ column as follows:

35 R-R 15 Lots 59 - 66 Kevill Road East, Lots 34 1. The local government will not support any & 35 Kevill Road East, Lots 28 – 46 proposal to re-subdivide the land until such Ironstone Place, Kevill Road East and time as a Local Structure Plan has been Zani Place, Lots 20 – 22 and 26 prepared and adopted for the land. Culhane Road, Lot 2 Zani Place and 2. Subject to the overriding consideration that Kevill Road West and Lots 1 – 8 as much existing vegetation as possible shall Trinder Drive, be preserved, vegetation on the land may Margaret River. only be removed where it is dead or Lots 12, 18 and 19 Kevill Road East dangerous or required to be removed to give Margaret River effect to an approved subdivision or Lots 56, 57 and 58 Kevill Road East, development or to satisfy a bushfire Margaret River requirement. 3. Notwithstanding the provisions of Clause 4.21 of the Scheme, the minimum lot size for any re-subdivision of the land shall not be less than 1hectare.

b) Amending the Scheme map to include lots 56, 57 and 58 Kevill Road East Margaret River within the area referenced as ‘RR-15’.

c) Amending the Scheme map to include lots 56, 57 and 58 Kevill Road East Margaret River within Developer Contribution Area 2C (‘DCA2c’)

d) Modifying the ‘Priority and Timing’ section of DCP2c at Schedule 10 of the Scheme to include the subject lots as follows:

Priority and Timing Works are to be undertaken in three stages in the following order of priority as sufficient funds are collected:  Stage 1: Kevill Road East from Wallcliffe Road to 430m north (first 31 lots).  Stage 2: Kevill Road East from 430m north of Wallcliffe Road to the southern extent of Lots 61 and 62 Kevill Road East (next 35 lots).  Stage 3: Kevill Road East from the southern extent of Lots 61 and 62 Kevill Road East north to the western extent of Lot 529 Kevill Road East (remaining 24 30 lots).

2. Recommends to the WAPC in accordance with clause 20(2)(e) of the Deemed Provisions that the Kevill Road East Detailed Area Plan (Structure Plan) dated October 2016, be approved subject to: a) All references on the plan and in the supporting documentation to Local Development Plan, being changed to ‘Local Structure Plan’; and b) The amendment report and BMP being updated to accurately reflect the naming conventions and achieve accurate cross referencing with SPP 3.7 and the Guidelines for Planning in Bushfire Prone Areas 2015.

ADVICE TO APPLICANT / PROPONENT Nil SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

ATTACHMENTS 1. Schedule of submissions 2. Kevill Road East Detailed Area Plan (Structure Plan) dated October 2016

RECOMMENDATION CR HAYNES, CR KENNAUGH That Council: 1. In pursuance of Section 75 of the Planning and Development Act 2005, amends Local Planning Scheme No. 1 by:

a) including reference to Lots 56, 57 and 58 Kevill Road East Margaret River within Schedule 7 – Special provisions relating to development on land zoned “Rural-Residential Zone”, (relevant to clause 4.21) at RR-15 under the ‘Site Description’ column as follows:

R-R 15 Lots 59 - 66 Kevill Road East, Lots 1. The local government will not support 34 & 35 Kevill Road East, Lots 28 – any proposal to re-subdivide the land 46 until such time as a Local Structure Plan Ironstone Place, Kevill Road East has been prepared and adopted for the and Zani Place, Lots 20 – 22 and 26 land. Culhane Road, Lot 2 Zani Place and 2. Subject to the overriding consideration Kevill Road West and Lots 1 – 8 that as much existing vegetation as Trinder Drive, possible shall be preserved, vegetation Margaret River. on the land may only be removed where it Lots 12, 18 and 19 Kevill Road East is dead or dangerous or required to be Margaret River removed to give effect to an approved Lots 56, 57 and 58 Kevill Road East, subdivision or development or to satisfy a Margaret River bushfire requirement. 3. Notwithstanding the provisions of Clause 4.21 of the Scheme, the minimum lot size for any re-subdivision of the land shall not be less than 1hectare.

Priority and Timing Works are to be undertaken in three stages in the following order of priority as sufficient funds are collected:  Stage 1: Kevill Road East from Wallcliffe Road to 430m north (first 31 lots).  Stage 2: Kevill Road East from 430m north of Wallcliffe Road to the southern extent of Lots 61 and 62 Kevill Road East (next 35 lots).

37  Stage 3: Kevill Road East from the southern extent of Lots 61 and 62 Kevill Road East north to the western extent of Lot 529 Kevill Road East (remaining 24 30 lots).

2. Recommends to the WAPC in accordance with clause 20(2)(e) of the Deemed Provisions that the Kevill Road East Detailed Area Plan (Structure Plan) dated October 2016, be approved subject to: a) All references on the plan and in the supporting documentation to Local Development Plan, being changed to ‘Local Structure Plan’; and b) The amendment report and BMP being updated to accurately reflect the naming conventions and achieve accurate cross referencing with SPP 3.7 and the Guidelines for Planning in Bushfire Prone Areas 2015. 0/0

Cr Lane moved the following amendment:

AMENDMENT / COUNCIL DECISION CR LANE, CR HAYNES OM2016/252 That the following be added the third column of the table in recommendation 1 a): 4. Prior to subdivision the landowners should investigate the need for additional land to be added to the foreshore reserve for the provision of access. CARRIED 6/0

REASON Cr Lane spoke to the motion stating the need to be clear that there is provision for construction of an access track. Cr Lane used the Cape to Cape Winter Diversion Track as an example of a situation where there was no such provision which has resulted in confusion.

MOTION / COUNCIL DECISION CR HAYNES, CR KENNAUGH OM2016/253 That Council: 1. In pursuance of Section 75 of the Planning and Development Act 2005, amends Local Planning Scheme No. 1 by:

a) including reference to Lots 56, 57 and 58 Kevill Road East Margaret River within Schedule 7 – Special provisions relating to development on land zoned “Rural-Residential Zone”, (relevant to clause 4.21) at RR-15 under the ‘Site Description’ column as follows: SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

R-R 15 Lots 59 - 66 Kevill Road East, Lots 1. The local government will not support 34 & 35 Kevill Road East, Lots 28 – any proposal to re-subdivide the land 46 until such time as a Local Structure Plan Ironstone Place, Kevill Road East has been prepared and adopted for the and Zani Place, Lots 20 – 22 and 26 land. Culhane Road, Lot 2 Zani Place and 2. Subject to the overriding consideration Kevill Road West and Lots 1 – 8 that as much existing vegetation as Trinder Drive, possible shall be preserved, vegetation Margaret River. on the land may only be removed where it Lots 12, 18 and 19 Kevill Road East is dead or dangerous or required to be Margaret River removed to give effect to an approved Lots 56, 57 and 58 Kevill Road East, subdivision or development or to satisfy a Margaret River bushfire requirement. 3. Notwithstanding the provisions of Clause 4.21 of the Scheme, the minimum lot size for any re-subdivision of the land shall not be less than 1hectare. 4. Prior to subdivision the landowners should investigate the need for additional land to be added to the foreshore reserve for the provision of access.

Priority and Timing Works are to be undertaken in three stages in the following order of priority as sufficient funds are collected:  Stage 1: Kevill Road East from Wallcliffe Road to 430m north (first 31 lots).  Stage 2: Kevill Road East from 430m north of Wallcliffe Road to the southern extent of Lots 61 and 62 Kevill Road East (next 35 lots).  Stage 3: Kevill Road East from the southern extent of Lots 61 and 62 Kevill Road East north to the western extent of Lot 529 Kevill Road East (remaining 24 30 lots).

2. Recommends to the WAPC in accordance with clause 20(2)(e) of the Deemed Provisions that the Kevill Road East Detailed Area Plan (Structure Plan) dated October 2016, be approved subject to: a) All references on the plan and in the supporting documentation to Local Development Plan, being changed to ‘Local Structure Plan’; and

39 b) The amendment report and BMP being updated to accurately reflect the naming conventions and achieve accurate cross referencing with SPP 3.7 and the Guidelines for Planning in Bushfire Prone Areas 2015. CARRIED 6/0

11.2.3 IN-PRINCIPLE SCHEME AMENDMENT - LOT 6 OSMINGTON ROAD, MARGARET RIVER

LOCATION/ADDRESS Lot 6 Osmington Road, Margaret River

APPLICANT/LANDOWN Halsall & Associates Town Planning Consultants/K ER Warburton

FILE REFERENCE PTY/5828 P216382

REPORT AUTHOR Angela Satre, Senior Planner

IN BRIEF  In principle support is sought for an Amendment to LPS1 to allow expansion of the existing tourist accommodation development marketed as ‘Losari Retreat’.  Losari Retreat is located at Lot 6 Osmington Road (the Site) and is developed with six chalets and a single dwelling.  The In-Principle Amendment seeks inclusion of Additional Use provisions into LPS1 to facilitate development of up to 12 chalets and two dwellings on the Site. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

 The preparation of a Local Development Plan is a necessary precursor to development and a draft plan has been provided.  It is recommended that the in-principle Amendment be supported subject to modifications to delete the ability for two dwellings to be developed on the Site.

RECOMMENDATION That Council supports the ‘in principle’ rezoning of Lot 6 Osmington Road, Margaret River subject to a range of maters being resolved prior to submission of scheme amendment documentation.

LOCATION / SITE PLAN The Site is located 3.3km to the north east of the Margaret River town site. The Site is bound by forest reserve to the south and east and by rural properties to the north and west, and frontage and access to the Site is provided from Osmington Road to the north (refer to Figure 1 below). The Site is zoned ‘Priority Agriculture’ by Local Planning Scheme No. 1 (LPS1).

Six chalets have been developed on the Site surrounding an existing dam in the centre of the property. A dwelling, which also acts as a reception point for guests, exists in the south east of the Site. An equestion building and equestrian facilities (1400m2 indoor arena and stables) have been developed in the south west. The Site has otherwise been developed with open paddocks used for grazing, primarily of horses, and contains stands of vegetation through the centre of the property including three stands of remnant vegetation.

Osmington Road has been progressively developed with mutliple tourism projects over time reflective of its close proximity to the Margaret River town centre.

Figure 1: Site Plan

TABLED ITEMS 1. In-Principle Amendment documentation, dated July 2016.

BACKGROUND A building licence was issued in 1997 for the equestrian centre and stables. Between 1997 and 2009 approvals were granted for development of the six chalets on the Site. In 2010 approval was granted for a second dwelling which was not constructed.

THE PROPOSAL The proposal seeks Council’s ‘in-principle’ support of a proposed rezoning. Formal documentation and consideration by Council would follow if Council supports the proposal.

The proposal is to:

41 a. Introduce ‘Additional Use’ provisions for this Site to provide for development of up to 12 chalets and two dwellings; and b. Introduce a Local Development Plan to demonstrate the location of the additional development, which would be the subject of a development application at a later date.

The second dwelling is proposed as a ‘manager’s dwelling’. The tourist accommodation is proposed to be operated in association with the experiental activities provided by way of the equestrian facilities.

CONSULTATION / ADVICE Should this proposal be initiated by Council, detailed consultation would be required in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

PLANNING FRAMEWORK Local Planning Scheme No. 1 The Site is 26.6ha in size and is zoned ‘Priority Agriculture’. The objectives of the zone are to:  Protect the long term availability of suitable land for a diverse range of agricultural purposes;  Maintain and enhance the environmental qualities of the landscape and attractive rural character and amenity; and  To allow for the provision of low impact tourist development such as chalet development but only where there is an established and continued rural production and where the use is incidental to the established use or protection of native vegetation.

LPS1 clause 4.16.3 provides for chalet development up to a density of 6 chalets for any Priority Agricultural zoned land holding greater than 20ha.

LPS1 clause 4.16.2 limits development of one single dwelling to each lot zoned Priority Agriculture.

Local Planning Strategy The Local Planning Strategy (LPS) identifies protection of prime agricultural land for productive agricultural pursuits as a key priority for the zone.

The LPS, clause 3.2.2, states that scheme amendments to rezone land to facilitate tourism uses will be required ‘…where the density considered in the scheme are proposed to be exceeded. Such proposals will carefully be considered in relation to: a. the extent to which the proposal will compromise the ability of the lot(s) in question to function as viable agricultural units… b. the extent to which the proposal will impact upon surrounding agricultural land uses… c. the proximity of the lot to established settlements and existing tourist facilities…’

Local Tourism Planning Strategy SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

The LTPS guides decision making in relation to tourism development in the Shire. The LTPS provides specific guidance in relation to various accommodation types including chalets. Clause 4.1 states that chalets: ‘…should be located close to an attraction and natural settings within rural environs. Rural chalet developments provide for an interpretation of the local environment and in some circumstances, rural production. Within rural areas this form of development should generally be subsidiary to the primary use of agricultural land for agricultural purposes…’.

The LTPS cautions that development of more than six chalets on lots over 20ha could be considered to exceed a form of development which is ancillary to the primary agricultural use.

LTPS clause 4.3.3 also highlights the need for rezoning for tourism development when the nature, and density, of the land use cannot be considered in the zone.

There is also an emphasis in the LTPS of encouraging high quality tourism accommodation that is consistent with expectations of the region.

Statement of Planning Policy 3.7 Planning in Bushfire Prone Areas Pursuant to Statement of Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP3.7) a Bushfire Hazard Level assessment and a Bushfire Management Plan is required for strategic planning proposals such as Scheme amendments.

DISCUSSION / OFFICER COMMENTS Chalets are a discretionary land use in the Priority Agriculture zone, however, the proposed twelve chalets exceed the density of development that can be considered in the zone. The need for a Scheme Amendment arises due to the scale of the variation to the Scheme provisions (12 chalets) and due to the proposal for a second dwelling.

The chalets are largely proposed in the existing parkland cleared areas on the Site, would be setback significantly from the forested reserves to the south and east and would be located on land that is not developed for agriculture. The chalets are proposed to complement the existing tourist development and would not adversely impact the tourism or agricultural activities on the Site.

Three chalets are proposed to be located to the west of the existing dam and would be positioned in proximity to remnant vegetation identified as C1 vegetation complex. Protection and retention of this vegetation complex on private land is important as its existence is below the minimum recommended thresholds. Development may impact this vegetation via the implementation of fire risk mitigation measures for the chalets, installation of access tracks and strategic fire breaks. An Environmental Assessment of the remant vegetation, with regard to the likely impacts arising from the development, is recommended.

The proposed chalets are complementary to the agricultural use of the Site which, as an equestrian centre, represents a diverse agricultural purpose consistent with the Scheme’s objectives for the zone. Given the proposed location of the chalets 43 amongst vegetated areas, there is no likely adverse impacts to the existing agricultural productivity of the Site. The location of the chalets would screen the development from outside the Site which would be consistent with the zone objective of maintaining the environmental qualities and landscape values of the zone. The existing resort is a high quality facility that is a significant asset in the local accommodation provision.

Of concern is the proposal for a second dwelling on the Site. The development of second dwellings on rural lots is no longer a permissible type of development in the rural zones. It is noteworthy that the proponent sought and gained approval for a second dwelling on the Site in 2010, prior to the gazettal of LPS1. The dwelling however, was never built.

It is technically possible to allow a second dwelling on this lot by making reference to such in the ‘Additional Use’ schedule of LPS1. The proponent has indicated that the dwelling is required to house a resort manager however it is not clear as to the reason why current arrangements in this regard cannot continue. It is recommended that Council indicate to the proponent that the second dwelling is unlikely to be supported unless it can be demonstrated that it essential in order to support to the increased tourism development upon the land when the matter is considered for initiation.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 3: Managing Growth Sustainably. Community Outcome: Liveable and well-designed places. Strategic Response: Implement Local Planning Scheme No. 1. Service level strategy/plan: Provide planning services.

SUSTAINABILITY IMPLICATIONS Environmental Development is to be located to avoid adverse impacts to vegetation. An environmental assessment is recommended to confirm this outcome.

Social The proposal has the potential to provide additional short stay accommodation in the locality without compromising the amenity of the area.

Economic The proposal has the potential to enhance the Shire’s tourism industry.

RECOMMENDATION That Council: SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

1. Supports the ‘in principle’ rezoning of Lot 6 Osmington Road, Margaret River. 2. Requires that the following matters be resolved prior to presentation of formal amendment documents for initiation:  Preparation of a Bushfire Management Plan;  Preparation of an environmental assessment;  Presentation of justifiable reasons for the inclusion of a second dwelling on the site.

ATTACHMENTS 1. Draft Local Development Plan Losari Retreat Lot 6 Osmington Road, July 2016

RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR HAYNES OM20163/254 That Council: 1. Supports the ‘in principle’ rezoning of Lot 6 Osmington Road, Margaret River. 2. Requires that the following matters be resolved prior to presentation of formal amendment documents for initiation:  Preparation of a Bushfire Management Plan;  Preparation of an environmental assessment;  Presentation of justifiable reasons for the inclusion of a second dwelling on the site. CARRIED 6/0

45 11.2.4 FLINDERS BAY MASTERPLAN, AUGUSTA

LOCATION/ADDRESS Flinders Bay, Augusta

APPLICANT/LANDOWN Shire of Shire of Augusta Margaret River ER

FILE REFERENCE LND/144

REPORT AUTHOR Matt Slocomb, Senior Planning Officer Matt Cuthbert, Acting Manager Development Services

Cr Smart adderessed the meeting in relation to his dislocsure of interest made at Item 3.2 Disclosures of Interest, on the basis that the Reserve 24653 that encompasses the Flinders Bay Caravan Park also wraps around the coast to incorporate the foreshore at Grannies Pool directly across the road from Cr Smart’s house. Cr Smart stated that on reading all the advice from the Department of Local Government, he has determined that any decisions made with regards the masterplan will have no financial impact on his property.

On this basis and in line with 20.2 of section 5.68(1)(b) of the Local Government Act 1995, Cr Smart requested he be allowed to participate in discussions and the decision making process.

Local Government Act 1995, Administration , Part 5, Division 6 s.5.68

5.68. Councils and committees may allow members disclosing interests to participate etc. in meetings

(1) If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — (a) may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and (b) may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — (i) the disclosing member also discloses the extent of the interest; and (ii) those members decide that the interest — (I) is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or (II) is common to a significant number of electors or ratepayers.

Cr Smart left Chambers at 6.03pm.

Cr Hastie moved the following motion as per Cr Smart’s request:

MOTION / COUNCIL DECISION CR HASTIE, CR HAYNES OM/2016/255 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

That Cr Smart be allowed to participate in the discussion and decision making process of Item 11.2.4 Flinders Bay Master Plan, Augusta. LOST 2/3 CRS EARL, KENNAUGH AND LANE VOTED AGAINST

As the motion was lost, Cr Smart remained absent from Chambers and the meeting resumed.

IN BRIEF  The need for a Masterplan for the Flinders Bay area arose as an outcome of maintenance works undertaken within the settlement in 2015, at which time the community sought certainty as to the nature of future improvement and management works by the Shire.  The plan is also being developed to protect the special qualities of this area, the colonial heritage of the site together with its low key coastal character.  Development of the draft Masterplan has been informed by extensive public consultation.  The draft Masterplan provides a framework which guides the management and eventual improvements to Shire managed land in Flinders Bay over time.

RECOMMENDATION That Council adopts the draft Flinders Bay Masterplan for the purposes of advertising and consultation with the community.

SITE AND SURROUNDS Flinders Bay is located approximately 3kms south of the Augusta town site, separated from the southern extent of Augusta by the Flinders Bay Caravan Park. Leeuwin Road bypasses the settlement to the west and provides for regional connection to Cape Leeuwin in the south and Bussell Highway to the north.

The site is approximately 1km north of the Augusta Boat Harbour which opened in November 2014. This has resulted in a change in the use of Flinders Bay which formerly provided the only coastal boat ramp for Augusta, now unused for this specific purpose.

The Flinders Bay area is comprised of a number of reserves, some of which are vested in the Shire of Augusta Margaret River and others which are unallocated Crown Land. The main areas to which the Masterplan relates are listed below and identified by Figure 1:

 Reserves 24653 and 24654: Comprise of the main foreshore area and Granny’s Pool and is vested in the Shire of Augusta Margaret River for the purposes of Recreation and Camping and Recreation (Note that the Flinders Bay Caravan Park is located in R24653).

47  Reserves 24536, 24537 and 24538: Located more centrally to the residential area and contain Redman Brook and the connection between Peppermint Drive and Wishart Road.  Reserve 25141: Located to the south of the settlement and contains Storm Bay as well as the recently constructed foot path to the harbour.  Reserve 24535: Contains the existing interpretative shelter.

Whilst the Masterplan does not specifically relate to privately owned freehold land it should be noted that the preparation of a Local Planning Policy is also underway (Draft Local Planning Policy 29 – Development in Flinders Bay). The policy will operate in conjunction with the Flinders Bay Masterplan, its purpose being to ensure private residential development is consistent with the established character of the area.

Figure 1 – Location Plan

TABLED ITEMS Nil

BACKGROUND A number of previous design exercises and studies have been undertaken in relation to the Flinders Bay area, a brief summary of which has been provided below:

Conservation Study for Flinders Bay Historic Settlement, by KTA Partnership (1995) The Conservation Study was prepared to identify the cultural significance of the Flinders Bay development for future conservation of the site and provide policy recommendations for development in Flinders Bay.

Coastal Character and Values Study: Flinders Bay, Shire of Augusta Margaret River, by Curtin University (2013) The National Sea Change Taskforce initiated a research project in collaboration with Curtin University (WA). The purpose of the research project was to develop a methodology and planning tool to capture and document the coastal values and character of coastal communities. Flinders Bay was one of four WA case studies that were included in the research.

Wadandi Track (Rails to Sails) This document sets out the alignment for the Wadandi Track, most of which is located within the former Busselton to Flinders Bay railway alignment. The plan sets a tentative alignment through the foreshore adjacent to Davies Road, with a trail head in the Flinders Bay foreshore. The plan also noted that the specific layout of the Flinders Bay foreshore area should be determined through a Masterplan process.

Augusta Interpretive Plan The plans set a framework for an interpretive trail from Donovan Street reserve north of the Augusta Townsite to the Leeuwin lighthouse, along with recommended placement of interpretative material throughout the Augusta area. The plan proposes the convergence of the interpretative trail and the Wadandi Track at the Flinders Bay foreshore, with a trail head and interpretive material being located in the area adjacent to the former jetty site. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

CONSULTATION AND ADVICE

External Consultation The plan has been developed in two stages. The first was preparation of an Opportunities and Constraints document which assesses current infrastructure, identifies elements which could be improved and provides options for future development.

The Opportunities and Constraints plan was publically advertised for four weeks commencing 22 March 2016. The consultation methods used are detailed as follows:

1. Face to face Community members were invited to view and discuss the Opportunities and Constraints document, with two planning staff located in the Augusta office for that day. This informal consultation method was publicised online and in the paper. Approximately 16 community members attended the consultation throughout the day. Hard copy material was also displayed at the “consultation counter” at both of the Shire administration and customer service areas (Augusta and Margaret River).

2. Public notices A public notice was provided in the ‘Community Consultation’ section of the Augusta Margaret River Times on Friday 25th March and Friday 8th April. Posters of the community engagement were positioned in Flinders Bay and at the Augusta Shire office. A total of 20 hardcopy submission were received at the closure of the consultation period.

3. Online The proposal was advertised via the Shire’s ‘Your Say’ page, which provided access to general information in respect to the proposal, a copy of the Opportunities and Constraints Plan as well an online survey. The page attracted 80 views and 25 comments were submitted during the consultation period.

The comments received throughout this process were analysed and formed the basis of a Community Engagement Summary, which was placed on the Shire’s ‘Your Say’ in May 2016 (See Attachment 2). Feedback gained through the initial consultation has informed the development of the draft Masterplan. It is intended that a similar consultation process will be undertaken for the Masterplan.

Internal Consultation Relevant Shire staff were consulted in the preparation of the Draft Masterplan. This included input from the Shires Environmental, Asset Management, Community Planning and Development, Events, Works and Ground Maintenance services areas.

DISCUSSION / OFFICER COMMENTS The general intent expressed via the majority of submissions was a desire for the Shire to maintain the low key nature of Flinders Bay. The top ten issues raised were: 1. Retain Informality/Coastal Character of Setting 2. Retain Informality of Carparks

49 3. Weed Control and Management in Redman Brook 4. Erosion Management of the Foreshore 5. Replacement/Improvement of the Play Ground Facilities 6. Increased Green Space 7. Improved Universal Access 8. Improved Universal Accessibility through foreshore area 9. Keep Informality of the Roads 10. Pipe/Fill Redman Brook Drain

A further break down of the submissions is provided in the Community Engagement Summary (see Attachment 2).

Informed by the consultation process, the Draft Masterplan identifies the following actions:

Actions for Main Foreshore

1. Remove bitumen road and replace with lawn to increase foreshore green space and plant additional Norfolk Island Pines. The existing bitumen loop road is degraded and due for replacement. It is no longer critical to formalise vehicle access into this area given the closure of the boat ramp and removal of the bitumen would provide the opportunity to increase the width of the foreshore area by replacing the bitumen with turf and further planting of Norfolk Island Pines.

2. Construction of two formalised car parking areas. In responding to the issue of parking a balance has been arrived at between retaining the informality of parking within the foreshore area and catering for the ageing population of Augusta which warrants parking capable of being compliant with the equal access requirements.

Two small formal car park areas have been provided on the plan, which are capable of being built in accordance with the Australian Standard for universal access. These have deliberately been placed adjacent to the main areas which warrant regular access, that being the change rooms and proposed trailhead/consolidated interpretive site. The existing changes rooms and adjacent entry point to the beach are used extensively by the swimmers who frequent the area, and the trailhead/consolidated interpretive is anticipated to be used regularly.

The remainder of the parking is to be provided informally on the grassed area along Davies Road. This space should provide area for approximately 50 cars to be parked which is considered to be ample to deal with peak crowds, whilst not resulting in great expanses of bitumised area when seasonality takes effect and there are less people using and visiting the foreshore. There may also be options for an overflow parking on the northern most part of part of the foreshore should these bays prove insufficient. The provision of a smaller number of formal bays represents a lower overall cost in terms of maintenance and drainage.

3. Provide space for informal parking off Davies Road delineated by bollards. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

As discussed above, parking occurs informally at peak times at the foreshore and it is proposed to allow this to continue in the road reserve by providing sufficient space for vehicles to park at right angle to the road. Bollards will prevent vehicles from parking on the extended foreshore sitting/picnic area.

4. Construct terraced foreshore area to stabilise the fore dune and provide informal seating. Conduct other stabilisation works along foreshore as necessary. Sand nourishment was undertaken at the Flinders Bay foreshore in the summer of 2012/13 following erosion issues over the course of the winter. Since that time the foreshore has been eroded to a point where further sand nourishment would be required.

The use of sand nourishment is a short term fix to the erosion of the foreshore, and represents a significant cost if it is to be undertaken on an ongoing basis. Additionally, there is a degree of uncertainty as to the sediment dynamics in Flinders Bay following the construction of the Augusta Boat Harbour. The Coastal Hazard Risk Management and Adaptation Plan prepared for the Shire noted that planning for this area is required as a short term action given the community value of the site and the number of assets in the foreshore area which would be at risk of costal processes.

It is recommended that reinforcing the foreshore with local stone would protect it from coastal processes, but if done in a terraced manner would also create the opportunity for additional seating and passive recreation space. Further technical evaluation would be required prior to implementation.

5. Replace existing playground with nautical/nature play themed facility. The existing playground is due for renewal, having less than 5 years of useful life projected from an asset management perspective. When replaced it is recommended that the design be a nautical theme/nature play facility in keeping with the built and natural environments.

6. Create new beach access points including handrails where necessary. Access to the beach by swimmers occurs at different locations dependant on the tide, weather conditions and the degree that rocks are exposed along the foreshore. Adjacent to the main meeting area (toilet block and shelter) there is an existing stairway which can sometimes be unusable depending on the extent of erosion on the foreshore. There is a second informal access that has also been made adjacent to the swimming jetty. Formalising existing access points will provide safer opportunities to access the beach in all weather conditions in closer proximity the areas of higher use – particularly near the change rooms and swimming jetty.

7. Improve accessibility to the beach around the existing jetty and boat ramp (including hand rails and investigate ramp removal). Since the development of the Augusta Harbour and the subsequent closure of the Flinders Bay boat ramp, the maintenance of this facility has been bought into question. In the short term, actions will be pursued to address the safety concerns associated with the slippery concrete in the tidal area of the ramp through an

51 appropriate cleaning program. Although not raised by the public during the consultation process, it was separately requested that a handrail be considered at this location. The feasibility of a handrail is currently being investigated. In the longer term, it is recommended that the removal of the ramps be investigated as these are no longer used, will require ongoing maintenance and have the effect of impeding movement along the beach. It is not proposed to remove the jetty.

8. Pipe and fill Redman Brook drain to increase green space. The exposed drain which transects the northern part of the foreshore is unsightly and a potential safety risk. Piping and filling the drain would allow the green space on either side to be used contiguously (e.g. for a kick-a-bout area) and improve amenity.

9. Create consolidated interpretation walk/trail head encompassing the material located at the existing structure at Reserve R24535 in consultation with the Augusta Historical Society. Currently there is an interpretation shelter located at Reserve R24535 which is located on the opposite side of Davies Road and about 250m from the other interpretive structures and signage located on the foreshore. For this reason, it does not have much passive use from people using the main foreshore area. Additionally, it is considered that there is a dissociation between the existing heritage elements (such as the jetty ruin and the winch) and the main foreshore area. In this regard it is recommended that a consolidated interpretive area be created on the main foreshore, with a link/walk through to the jetty ruins in a manner reminiscent of the Memorial Approach in Mt Clarence, Albany. This will encompass the interpretive material which is currently located at Reserve R24535. This is anticipated to make the heritage significance of the site a more focal point of the foreshore.

10. Addition of Barbeque facilities, seating and shade to the southern end of the foreshore. This location is favoured sitting area in certain weather conditions. It has been noted that the existing barbeques can suffer from exposure to the wind, and the area to the south is more protected and can be used more regularly throughout the year. Notwithstanding the above, given that electrical barbeque plates are favourable to gas in areas of high wind, there may be practical implications with providing power to the site which is a considerable distance from this area.

11. Proposed Wadandi Trail Alignment through foreshore. The original plans for the trail depicted the path heading through the foreshore adjacent to Davies Road. This has been adjusted to take into account the position of the informal parking discussed above.

12. Possible pontoon location (subject to separate study) The Shire has undertaken community consultation and investigating possible locations for floating rafts or pontoons within the Shire. As an outcome of consultation, there was strong support for positioning pontoons in Augusta and at Flinders Bay. The plan has been amended to reflect these findings.

Actions for Redman Brook SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

1. Undertake staged weed control and landscaping within the Redman Brook using predominantly native species which ‘match’ with the existing aesthetic. Redman brook is currently inundated by a large number of weed species, which consist of Nasturtium, Arum Lilly’s and Kikyu. Given that the Western Ringtail Possum is known to occur in this area it is important that the vegetation is restored to a habitat more conducive to the ongoing presence of this species in the area. Accordingly, it is recommended that these are progressively removed and replaced with native species. A staged approach is recommended in order to reduce the visual impact of removing the large numbers of weeds built up in the reserve.

2. Restore pedestrian access via cleared/mown track (unconstructed path). Currently there is no pedestrian access along the Redman Brook Reserve. An unconstructed track was previously in place but has since become overgrown. Whilst it is not proposed to create a formalised path, it is considered appropriate that the connection be established informally to provide improved movement through the settlement, make maintenance easier (i.e. mowing) and manage fuel levels.

3. Undertake drainage maintenance works as required to ensure continued function. The primary function of Redman Brook is a drainage reserve, and as outlined above, this has previously been hampered though the weed infestation which has built up to the point of obstructing drainage. Maintenance of the drainage line will prevent inundation and flooding in adjacent areas in major storm events.

Actions for Granny’s Pool

1. Improve universal access when existing stairway reaches end of useable life. The proposed stairway is nearing the end of its useable life and it is intended that the asset be replaced in such a manner that improves universal access to the site. As outlined above, this is to cater for the ageing demographic of the area.

2. Undertake weed control in area around Granny’s Pool. There is currently Victorian Tea Tree, Dolichols Pea and various perennial grasses within this area that will need to be controlled on an ongoing basis.

Actions for Storm Bay

1. Investigate change to a dog beach. Storm Bay is well separated from the main recreational area of Flinders Bay and is considered to be appropriate for use as a dog beach.

2. Undertake weed control in area around Storm Bay As outlined above, there is currently Victorian Tea Tree, Dolichols Pea and various perennial grasses within this area that will need to be controlled on an ongoing basis.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil 53 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Prepare a management plan for the Flinders Bay area. Corporate Business Plan 2016-2020 Goal 3: Managing Growth Sustainably Community Outcome 3.3: Unique natural and settlement character Strategic Response: Protect heritage places, values and significant regional landscapes in the planning scheme. Service level strategy/plan: Finalise and implement Flinders Bay Development Plan

FINANCIAL IMPLICATIONS A specific budget has not been provided for the implementation of the Masterplan, but it is intended to inform future budget considerations, and also guide replacement and renewal over time. Other funding opportunities are also possible, such as Coastal Assistance Project Grants for foreshore protection works.

SUSTAINABILITY IMPLICATIONS

Environmental The Masterplan does not contain any proposals which would negatively impact on the existing remnant vegetation present on the site.

Social Projects supported by the draft Masterplan will provide additional opportunities for social interaction.

Economic Additional investment in Augusta by the Shire has the potential to encourage private sector investment and increased economic activity.

RECOMMENDATION That Council adopts the draft Flinders Bay Masterplan for the purposes of advertising and consultation with the community.

ATTACHMENTS 1. Draft Flinders Bay Masterplan 2. Community Engagement Summary – May 2016

RECOMMENDATION / COUNCIL DECISION CR EARL, CR KENNAUGH OM2016/256 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

That Council adopts the draft Flinders Bay Masterplan for the purposes of advertising and consultation with the community. LOST 2/3 CRS HASTIE, HAYNES AND LANE VOTED AGAINST

As the motion was lost, Cr Hastie moved the following alternative motion:

ALTERNATIVE MOTION / COUNCIL DECISION CR HASTIE, CR LANE OM2016/257 That the item be deferred until a meeting can be held with the immediate property owners in January 2017 with a report back to Council. CARRIED 5/0

REASON The deferral will allow for direct input from immediate property owners that will be impacted by the development, many of whom are absentee owners, before the wider community is consulted.

Cr Smart re-entered Chambers at 6.20pm

55 11.2.5 TALLINUP AUGUSTA AIRPORT LEASES

LOCATION/ADDRESS Reserve 29668 Hillview Road, Augusta

APPLICANT/LANDOWN Augusta Aero Club / Shire of Augusta Margaret River ER

FILE REFERENCE RES/29668

REPORT AUTHOR Ian McLeod, Coordinator Legal Services

IN BRIEF  On 2 February 1993 the Shire leased a portion of the Tallinup Augusta Airport (TAA) Reserve 29668 Hillview Road, Augusta (Reserve) to Aero Club for 21 years (1993 Lease).  The 1993 Lease expired on 1 February 2014 and a request for a new lease was not made at the time.  At its Ordinary Meeting on 24 June 2015 Council adopted a Master Plan (MP) for the TAA and included a resolution that Shire commence negotiation with the Augusta Aero Club to facilitate relocation to a new site within the TAA.  The Shire received three separate EOI submissions relating to different lease areas, including a submission made by the Augusta Aero Club (Aero Club). The Shire decided that the Club’s submission was to be considered separately given the Club was in the process of negotiating a new lease of the hangar it currently occupies at the Airport.  Since that date the Shire has been in ongoing discussions with the Aero Club in relation to the new lease area.

RECOMMENDATION That Council: 1. Grants a lease over the most northern 25m x 25m Lease area identified in the MP (Proposed Lease Area) for a period of 10 + 10 years. 2. Grants an interim lease over the existing hangar site subject to terms including: a. The Lease is to terminate after 5 years or 12 months after commencement of development on the proposed Lease Area, whichever is the sooner. b. The Club is to remove the existing hangar within 12 months of commencing development on the proposed Lease Area. c. No further development is to take place other than signage on the existing hangar. 3. That the Shire budgets for the costs of relocating the existing hangar or contribute an equivalent amount to the construction of a new hangar and the relocation of the airport electricity metre, through the inclusion of $30,000 in year 2020/21 in the Long Term Financial Plan. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

The TAA is located on Reserve 29668, which is vested in the Shire with the power to lease.

TABLED ITEMS Nil

BACKGROUND The Aero Club notes they were established in 1967. The earliest Shire record of Aero Club activity on the Tallinup Augusta Airport (TAA) is from 1971 when the Aero Club undertook clearing of approximately 40 acres (160,000m²) of land for the new airstrip and built a runway 1,140m long by 60m wide. In 1972 the Aero Club constructed a hangar and shed adjacent to the runway. This is the existing hangar that is used by the Aero Club and the shed houses a public toilet.

1993 Lease In February 1993 the Shire and the Aero Club negotiated a 21year lease over a significant portion of the TAA.

Lease area from 1993 Lease shown in red.

The 1993 Lease also provided that upon determination of the lease term the Lessee would “yield up the demised premises with all buildings, improvements and fixtures and fittings now thereon in good repair and condition”. That is, the lease area and improvements would then be under the care and control of the Shire.

The lease expired on 1 February 2014. There is no record of any request to renew the lease made at that time or prior to the expiration.

Airport Master Plan On 26 February 2014 Council resolved to adopt an Interim Development Plan (IDP) as a guide to assessing and conditioning development applications and as a basis for leasing arrangements. The IDP had been advertised in April of 2013. Members of the Aero Club had been involved in a briefing session for the draft IDP in September 2013 and had attended a workshop with Shire Staff in November 2013.

In October 2014 the Shire entered into an agreement for shared funding with the Department of Transport as part of the Regional Airports Development Scheme (RADS). The agreement was based on the preparation of a Master Plan by June 2015. On 22 April 2015 Council adopted the DMP for the purpose of advertising. The DMP includes as part of Stage 1 (within 2 – 5 years) relocation of the Aero Club hangar.

The DMP was advertised for 21 days in May 2015. 10 submissions were received, two were objections, and one of those objections was from the Aero Club.

57 In June 2015 Council made the following resolution; “That Council: 1. Adopts the Master Plan for the Tallinup Augusta Airport, comprising the Short Term Development Plan and the Long Term Development Plan, as shown in Attachments 1 and 2. 2. Commences negotiation with the Augusta Aero Club to facilitate relocation to a new site within the Tallinup Augusta Airport. 3. Commences an expression of interest process for leasing and development of new hangar sites identified on the adopted Short Term Development Plan.

The report to Council included the following in relation to the Aero Club:

 A site will be identified for relocation of the club following negotiations with the club.  The Shire supports an alternative site for the Aero Club being identified subject to negotiations and in due course.  The current location of the Aero Club hangar represents a long term constraint to the safe and effective function of the TAA. This is evidenced by the aircraft turning area which is encroached by the Aero Club building. The building impinges on the safe aircraft wing tip clearance and aircraft manoeuvring area for the current Royal Flying Doctors Services (RFDS) Code 2B aircraft.  The parking apron will be able to accommodate an appropriately designed parking position for the design aircraft once the Aero Club hangar is relocated.  Widening the taxiway to the north is constrained by the lease area to the south of the existing hangars. Given cost constraints, it would not be practical to construct a new, significantly wider taxiway to the north in favour of retention of the Aero Club building which is aging infrastructure and impinges on the aircraft manoeuvring area.

After the adoption of the MP the Shire, by public notification, sought expressions of interest (EOI) from private parties and community groups for the leasing of four different sites at the Reserve. The lease tenure offered to interested parties was ten years plus a ten year option to renew. For the purposes of identification, the MP has been overlaid with labels of the different lease areas and is called “Plan 1” which is shown at Attachment 1.

Current activity of Aero Club The Aero Club provided in relation to the Clubs activities in August 2016  The Club has 24 financial members;  Currently the Aero Club does not own or operate an aircraft;  Currently there are no official Aero Club organised events. In the past the Australia Day and Queens birthday long weekend have been traditional club fly-ins;  The Aero Club does not offer any flight training;  The Aero Club has maintained the care and upkeep of the RFDS hut; SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

 The Aero Club Provides a presence at the aerodrome in regards to security and safety;  The Aero Club has maintained the toilets in the past.

CONSULTATION AND ADVICE External Consultation Members of the Aero Club met with officers from the Shire and submitted an expression of interest (EOI) included as Attachment 2. The EOI makes the following request in relation to a lease area.

“the AAC is not accepting of the costs associated with relocation. As the AAC is being forced to relocate the associated costs lay with the AMR Shire. The AAC has already, as described above, provided the necessary infrastructure. The AAC is seeking reimbursement and/or compensation for being forced to relocate. … The proposed final hangar will be in the order of twenty five (25) metres long by twenty five (25) metres deep. Within these this offered lease there will be provisions for hangered aircraft, a clubroom, briefing room and toilet facilities with the hangar doors opening to the East. The AAC seeks the larger hangar site (lease three (3)) for the proposed infrastructure. The AAC seeks a position whereby the general public cannot access airside areas unless through the AAC clubroom and area for parking.

The AAC would like to offer the following proposal. The AMR Shire to pay full costs of relocation based on the existing hanger to a mutually agreeable site within the TAA. This includes but not limited to:- 1) Existing hangar relocation compensation 2) Earthworks compensation 3) Male and Female ablutions with shower facilities compensation 4) Mains power relocation compensation 5) Water mains relocation compensation 6) Minimum two thousand (2000) square metres of asphalt compensation 7) Reimbursement, on pro rata basis, for new corrugated iron on existing hangar 8) All fees and costs associated with planning, survey, engineering, building inspections waived and/or compensated for the AAC 9) Lease duration of twenty one (21) years with an option for a further twenty one (21) years.

The AAC will cover any expense with developing the larger hangar over and above the existing AAC hangar size.”

Attachment 2

59 Council considered a number of EOIs in relation to proposed TAA leases, including the Aero Club’s EOI on 9 December 2015. However, there was no resolution in relation to the Aero Club’s EOI. It was mentioned in the report to Council that: “the Club’s submission will be considered separately given the Club is in the process of negotiating a new lease of the hangar it currently occupies at the Airport.”

Since this date there has been ongoing discussions and correspondence between the Aero Club and the Shire. The Shire has attempted to negotiate an interim lease over the existing lease area to provide the Aero Club with tenure while relocation is arranged. To date the Aero Club has refused to enter into any interim lease on the basis that “the interim lease does not give the Augusta Aero Club any security for the future and does not include the minimum of……the AAC toilet building and proposed clubroom site.”

The Shire and the Aero Club have also been unable to reach agreement on the extent to which the Shire will be able to pay for the relocation.

Officers met with Aero Club representatives on 31 October 2016 and were able to agree on a new location and leasing arrangement which are reflected in the recommendation. No agreement has been reached on the amount that will be contributed by the Shire to any cost of relocation.

Internal Consultation The Building Assets & Maintenance unit has provided a general estimate of the costs associated with dismantling and re-erecting the existing hangar as $19,000. This does not include the cost of relocating the electricity mains for the airport (currently located inside the Club’s hangar) or extension of the existing taxiway. A conservative estimate of the costs associated with relocating the electricity metre is $10,000.

DISCUSSION / OFFICER COMMENTS This matter can be considered in terms of three main points:

1. Should the Aero Club be relocated and if so where?

Given the importance placed on relocating the Club’s hangar in the MP, granting a lease over the existing hangar area in excess of five years would amount to significant diversion of the adopted position and would represent a sub-optimal outcome for the use of the airport by larger aircraft, including the RFDS. Professional independent advice is that the current building represents a hazard by location with the required wing tip clearance area.

If the Club was granted a long term lease in the current location, there would be no scope for the Aero Club to expand given the sensitivity of the current location. This would limit the Aero Club’s ability to increase the size of its hangar or to create a club room.

These two issues need to be balanced against the cost of relocating.

2. Where should the Club be relocated? SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

The Club have indicated their preference for the most northern lease area identified in the MP. While there is currently no apron extending to this lease area, small private aircraft should still be able to access a hangar located on the site.

This site would also allow for long term growth of the Club and would be in accordance with both the long term and the short term priorities of the MP.

To allow for the transition from the existing hangar location to the new lease area, two separate leases could be granted. One over the new lease area for a 10 + 10 year term allowing the Aero Club to commence planning and development and seek funding for a new hangar and club house; and a concurrent lease over the existing hangar site which will expire after 5 years or a year after commencement of development on the new lease area, whichever is the sooner. There is no other EOI for this lease area that would prevent use by the Aero Club, and it is also a larger, east facing site, suitable for the long term needs of the Aero Club.

3. Who should bear the cost of relocation?

As the Aero Club has no current legal tenure over the airport, and the existing hangar and toilets vested in the Shire at the termination of the 1993 lease, the Shire has no legal obligation to provide new premises or compensate the Club for any relocation. Furthermore, the Club has only ever paid a peppercorn rent.

However, given the contribution that the Club has made to the TAA since it began and the fact that the relocation is being required by a plan adopted by the Council, it would be reasonable for the Shire to contribute to the cost of relocating.

As to the amount that might be contributed by the Shire, it would be logical to base this on the cost of dismantling the current hangar and re-erecting it on the new lease area or the cost of paying for a like for like building, whichever is the lesser. While additional work may be required and improved premises sought by the Aero Club, the proposed 5 year interim tenure over the current Aero Club site will provide for investigation of other funding opportunities. These could include contributions from the Club, Lotteries Funding and RADS funding.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Land Administration Act 1997 ( LAA ) Under its management order the Reserve is vested in the Shire with the power to lease for 21 years and to be used for its designated purpose as an “Aerial Landing Ground” only. Any lease agreement made over the Reserve is to be submitted to the Department of Lands for approval by the Minister for Lands pursuant to section 18(2) of the LAA.

Local Government Act 1995 ( LGA ) A lease of property vested in the Shire is considered to be a disposition of property for the purposes of section 3.58 of the LGA. However, where a disposition is to a charitable or not for profit body then the disposition is exempted by the Regulations from the advertising and tender requirements of Section 3.58.

61 The Shire has no statutory requirement to compensate the Club in relation to the relocation as the Club has no legal tenure over the Land.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) The leases will be consistent with goal 3 of the CSP because they will ensure that the growth of the Airport is managed sustainably and that there are no conflicts with priority users such as emergency services. Corporate Business Plan 2016-2020 Community Outcome 3.4: Connected and safe transport network Strategic Response 3.4.1: Develop and maintain a high quality transport network in partnership with all levels of government. Service level strategy/plan: Although not specifically identified as a plan or strategy the leases were identified in the Reserve MP and the lease agreements will be made so as to be consistent with the MP and to ensure that the Reserve is used safely and priority is given to emergency services.

PLANNING FRAMEWORK Local Planning Scheme No. 1 (LPS1) The Airport is zoned Reserve for Public Purposes and is designated as Aerodrome and Public Utilities. The leases will be consistent with the Reserve purpose because they will contain standard clauses stating that the hangar facilities are for the maintenance and storage of aircraft only.

The development of the hangars will also require development approval under LPS1.

Tallinup Augusta Masterplan (Masterplan) The MP consists of a short term plan and a long term plan and identifies the proposed lease areas as “Hangar Sites”. The MP shows taxi ways and aprons adjoining these areas and also shows the Obstacle Limitation Surface (OLS) as the broken pink lines. These lines indicate the appropriate building heights in relation to the distance from the runway. Any buildings developed on Area 4 will be subject to complying with OLS requirements as determined by a qualified surveyor and a specific clause will be included in the lease.

FINANCIAL IMPLICATIONS Relocation of the Aero Club is recommended to be supported by an allocation of $19,000 in the Shire’s LTFP. The Shire should also allocate $10,000 for relocation of the electricity metre.

SUSTAINABILITY IMPLICATIONS Environmental Some vegetation will be required to be removed for the development of the lease areas, particularly for the development of Area 1 however the clearing is minimal and is over land previously cleared. The removal of the vegetation will be considered and assessed as part of the development approval application process.

Social SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

The leases will enable development resulting in employment opportunities during construction works.

Economic Improving facilities and use of the TAA has the potential to increase economic activity in Augusta.

RECOMMENDATION That Council: 1. Grants a lease over the most northern 25m x 25m Lease area identified in the MP (Proposed Lease Area) for a period of 10 + 10 years. 2. Grants an interim lease over the existing hangar site subject to terms including: a. The Lease is to terminate after 5 years or 12 months after commencement of development on the proposed Lease Area, whichever is the sooner. b. The Club is to remove the existing hangar within 12 months of commencing development on the proposed Lease Area. c. No further development is to take place other than signage on the existing hangar. 3. That the Shire budgets for the costs of relocating the existing hangar or contribute an equivalent amount to the construction of a new hangar and the relocation of the airport electricity metre, through the inclusion of $30,000 in year 2020/21 in the Long Term Financial Plan.

ATTACHMENTS 1. Plan 1 – Lease areas overlaid on MP 2. Aero Clubs EOI

RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART OM2016/258 That Council: 1. Grants a lease over the most northern 25m x 25m Lease area identified in the MP (Proposed Lease Area) for a period of 10 + 10 years. 2. Grants an interim lease over the existing hangar site subject to terms including: a. The Lease is to terminate after 5 years or 12 months after commencement of development on the proposed Lease Area, whichever is the sooner. b. The Club is to remove the existing hangar within 12 months of commencing development on the proposed Lease Area. c. No further development is to take place other than signage on the existing hangar. 3. That the Shire budgets for the costs of relocating the existing hangar or contribute an equivalent amount to the construction of a new hangar and 63 the relocation of the airport electricity metre, through the inclusion of $30,000 in year 2020/21 in the Long Term Financial Plan. CARRIED 6/0

11.2.6 UNBUDGETED EXPENDITURE - RAPIDS LANDING PUBLIC OPEN SPACE DESIGN

LOCATION/ADDRESS Reserve 50760 Leschenaultia Avenue, Margaret River

FILE REFERENCE FIN/44 LND/152

REPORT AUTHOR Nick Logan, Acting Director Sustainable Development

AUTHORISING Gary Evershed, Chief Executive Officer SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

OFFICER

IN BRIEF  The Shire has been working collaboratively with the Department of Education and Department of Finance over the design and delivery of the future shared district level open space at Rapids Landing.  Prior to finalising costings and a funding strategy for delivery of the open space, detailed design is required. There is no budget allocation currently identified for this purpose.

RECOMMENDATION Council approves unbudgeted expenditure of $16,000 to fund the design and cost estimate for public open space adjacent to the Rapids landing School Oval at Reserve 50760, through the creation of new job RES141 in the Parks and Gardens business unit budget.

TABLED ITEMS Nil

BACKGROUND The Department of Education (DoE) has progressed the delivery of the new primary school at Rapids Landing. The District Level public open space (POS) adjacent to the school is to be a shared facility between the DoE and the Shire, with shared costs for delivery and future maintenance. The DoE’s obligations extend only to half of the costs of the construction of the school oval, with the balance of the POS the responsibility of the Shire. The location of the Shire vested reserve is shown below.

CONSULTATION AND ADVICE Discussions with DoE and internal stakeholders are ongoing.

DISCUSSION / OFFICER COMMENTS At present there is an allocation in the Long Term Financial Plan for contribution towards the delivery of the POS. Once a firm estimate of final costings is made available (following the school tender process and design of the POS) a full funding strategy for delivery of the POS will be brought to Council. To enable this to occur design of the POS is required, together with a qualified cost estimate.

Quotation for the work has been sought and the recommended budget modification is sufficient to fund the design process.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 6.8(1) of the Local Government Act 1995 states that:

“ A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure — 65 (a) is incurred in a financial year before the adoption of the annual budget by the local government; or (b) is authorised in advance by resolution*; or (c) is authorised in advance by the mayor or president in an emergency.”

Point (b) requires the resolution be adopted by an absolute majority of Council.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 2: Welcoming and inclusive communities Community Outcome 2: Equity and opportunities for all Strategic Response: Provide programs and facilities that encourage resilience in seniors, young people and families. Community Outcome 5: Active and healthy lifestyles Strategic Response: Maximise participation in physical activity and promote the benefits of healthy lifestyles.

FINANCIAL IMPLICATIONS Unbudgeted expenditure of $16,000 will be incurred in the Parks and Gardens business unit budget. This expenditure will be balanced by savings and there is not expected to be any adverse impact on the Shire’s budgeted financial position.

SUSTAINABILITY IMPLICATIONS Environmental Nil

Social Nil

Economic Nil

VOTING REQUIREMENTS Absolute Majority

RECOMMENDATION Council approves unbudgeted expenditure of $16,000 to fund the design and cost estimate for public open space adjacent to the Rapids landing School Oval at Reserve 50760, through the creation of new job RES141 in the Parks and Gardens business unit budget.

ATTACHMENTS Nil SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

«Explanation_Doc_1» RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR SMART OM2016/259 Council approves unbudgeted expenditure of $16,000 to fund the design and cost estimate for public open space adjacent to the Rapids landing School Oval at Reserve 50760, through the creation of new job RES141 in the Parks and Gardens business unit budget. CARRIED BY ABSOLUTE MAJORITY 6/0

67 11.3. Infrastructure Services SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

11.3. INFRASTRUCTURE SERVICES Nil

69 11.4. Corporate and Community Services SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

11.4.1 LIST OF PAYMENTS FOR OCTOBER 2016

FILE REFERENCE FIN/42

REPORT AUTHOR Jaye Allington, Finance Officer Accounts Payable

AUTHORISING Annie Riordan, Director Corporate and Community OFFICER Services

Director Corporate and Community Services discloses interest in the credit card expenses which is certified by the Chief Executive Officer.

IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared.

RECOMMENDATION That Council notes the October 2016 List of Payments for $5,029,848.41 as certified correct by the Director Corporate and Community Services.

LOCATION PLAN Nil

TABLED ITEMS Nil

BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council.

CONSULTATION AND ADVICE External Consultation 71 Nil

Internal Consultation Nil

DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2015-16 and 2016-17 financial years.

The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

In order to improve operational efficiency and reduce costs, the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT. SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH CHEQUE / EFT MODE OF PAYMENT SUB-TOTAL AMOUNT NUMBERS Cheques (includes reimbursement of credit 42093-42102 $17,878.48 $17,878.48 cards) EFT 55873-56351 $4,133,052.07 Direct Debits $878,917.86 $5,011,969.93 TOTAL $5,029,848.41

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS TOTAL CUMULATIVE CUMULATIV MONTH CHEQUES EFT PMTS CHEQUES EFT TOTAL PMTS E 2015-16 2015-16 2015-16 PAYMENTS 2016-17 2016-17 2016-17 PAYMENTS 18,574.2 3,126,634 3,126,634. 26,818.4 3,666,885.3 3,693,703. 3,693,703. JULY 9 3,108,059.98 .27 27 2 6 78 78 18,321.8 1,998,344 5,124,978. 23,160.3 3,700,179.9 3,723,340. 7,417,044. AUGUST 2 1,980,022.38 .20 47 9 9 38 16 16,151.7 9,877,777 15,002,755 19,330.4 8,310,023.7 8,329,354. 15,746,39 SEPTEMBER 4 9,861,625.31 .05 .52 3 8 21 8.37 19,349.6 5,077,565 20,080,320 17,878.4 5,011,969.9 5,029,848. 20,776,24 OCTOBER 3 5,058,215.63 .26 .78 8 3 41 6.78 22,306.5 2,639,891 22,720,212 NOVEMBER 8 2,617,585.05 .63 .41 38,300.4 3,378,604 26,098,816 DECEMBER 3 3,340,304.12 .55 .96 24,247.5 4,425,850 30,524,667 JANUARY 7 4,404,603.21 .78 .74 FEBRUARY 17,988.5 2,292,007.08 2,309,995 32,834,663 73 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

0 .58 .32 31,991.9 6,394,548 39,229,211 MARCH 1 6,362,556.19 .10 .42 15,738.8 2,497,089 41,726,300 APRIL 8 2,481,350.30 .18 .60 26,446.6 2,833,076 44,559,376 MAY 2 2,806,629.63 .25 .85 38,302.0 8,204,329 52,763,705 JUNE 6 7,078,064.84 .10 .95 287,720. 51,391,023.7 52,763,70 87,187.7 20,689,059. 20,776,246 03 2 5.95 2 06 .78

74 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Continue to monitor and analyse monthly, year to date and annual financial performance.

Social Nil

Economic Nil

RECOMMENDATION That Council notes the October 2016 List of Payments for $5,029,848.41 as certified correct by the Director Corporate and Community Services.

ATTACHMENTS 1. List of Payments for October 2016

RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR KENNAUGH OM2016/260 That Council notes the October 2016 List of Payments for $5,029,848.41 as certified correct by the Director Corporate and Community Services. CARRIED 6/0

11.4.2 FINANCIAL ACTIVITY STATEMENT REPORT - OCTOBER 2016

FILE REFERENCE FIN/14

REPORT AUTHOR Andrew Ross, Manager Corporate Services

IN BRIEF  The monthly financial activity statement report is a standard financial reporting item prepared in accordance with the provisions of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.  Council is to consider the financial results for the period ending 31 October 2016.

RECOMMENDATION That Council receives the Monthly Financial Report – October 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

LOCATION PLAN Nil

TABLED ITEMS Nil

BACKGROUND In accordance with Financial Management Regulation 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation (1) (d), for that month with the following details: (a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates.

Also under Financial Management Regulation 34(5) Council are to adopt each year a material variance threshold. At the Ordinary Meeting of Council on 27 July 2016 (OM2016/158) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000.

CONSULTATION AND ADVICE External Consultation Nil

Internal Consultation Business unit managers were provided the draft monthly financial reports for their business units and have provided their comments on variances greater than 10% and $10,000.

DISCUSSION / OFFICER COMMENTS The commentary contained in the body of this report is in line with Financial Management Regulation (2) (b) that requires commentary on material variances to the Statement of Financial Activity at the nature/type, program or business unit level.

The Statement of Financial Activity shows a year to date actual closing position at 31 October of $19.048 million compared to the year to date budget position of $15.997 million. The closing position reduced by $1.588 million compared to the result at the end of September.

The main reasons for the variation to Budget are:  Capital expenditure on a year to date basis $3.226 million or 78% below budget. All areas of capital expenditure are well below budget due to project and equipment purchase delays resulting from inclement weather, approvals, resource constraints or other reasons as well as budget profiles being overly optimistic.  Operating expenditure on a year to date basis is $1.335 million or 10.5% below budget (last month $1.288 million or 13.3% below budget). Contributing factors are employee expenses being $0.384 million or 8% under budget (last month $0.354 million or 9.5% under budget) due to staff leave taken and staff vacancies, materials and contracts being $1.007 million or 28.1% under budget (last month $0.978 million or 35.6% under budget) due primarily to projects not having commenced in a number of areas such as Waste ($0.412 million), Fire Prevention ($0.116 million), Community Planning & Development ($0.073 million), CEO ($0.054 million), Rangers ($0.054 million) and Asset Services ($0.053 million), and depreciation being $0.233 million or 8.5% over budget (last month $0.167 million or 8.1% over budget).  Operating revenue is $0.290 million or 1.1% above budget (last month $0.279 million or 1.1% above budget). The main reasons are over budget rates due to additional properties and the levying of interim rates, and higher than budget interest income.  Grants for capital works are $0.605 million or 33.3% under budget (last month $0.271 million under budget) due to regional road group grant claims being delayed due to inclement weather impacting construction.

Capital expenditure of only $0.206 million was incurred during the month compared to the budget for the month of $1.682 million. Budget profiling has resulted in a number of projects being budgeted much earlier than they should have been. Expenditure for the month included:  $4,257 for preliminary works for the Margaret River Youth Precinct;  $9,457 on various community building projects;  $20,928 for Parks and Gardens projects included works to commence the playground equipment replacement program ($1,819), extension of the recycled water reticulation system ($3,362), tree planting ($3,381) and Public Open Space renewal works ($8.760 million);  $74,824 on road related projects of which $11,384 was spent on infrastructure upgrade projects and $63,440 was spent on infrastructure renewal projects. Drainage works, the Wadandi Track and various works for the reconstruction of Leeuwin Road, Rosa Brook Road, Treeton Road and Wallcliffe Road were the main projects;  $13,182 on the plant program for the replacement of a road broom;  $64,961 on caravan park projects including $53,913 for the Turner Caravan Park chalets project and $11,149 for Alexandra Bridge camping ground to formalise sites and camping areas; and  $18,605 for CCTV equipment for the Margaret River works depot.

Financial performance against budget is shown in the following charts.

Following is the Statement of Financial Activity for the year ending 31 October 2016.

Investments At 31 October 2016 the Shire’s cash on hand, deposits and investments totalled $32,490,502 (an increase of $1,324,739 to last month) and total investment interest earned for the month was $63,999. Actual interest earned for the year to date of $209,010 exceeded the approved budget of $177,524

Term Deposits – Cash Management At 31 October the Shire had the following short-term facilities (term deposits).

Term Maturit Institution (ADI) Principal Interest Interest Days y $ Rate $ 183 20/12/1 Bankwest 1,500,00 2.80% 21,058 6 0 210 16/3/17 AMP 1,500,00 2.95% 25,459 0 365 18/7/17 National Australia 1,500,00 2.90% 43,500 Bank 0 365 28/7/17 National Australia 1,000,00 2.82% 28,200 Bank 0 365 16/8/17 Bankwest 4,000,00 2.50% 100,000 0 365 6/9/17 Bankwest 2,000,00 2.45% 49,000 0 365 12/9/17 National Australia 3,000,00 2.71% 81,300 Bank 0 365 13/9/17 National Australia 2,000,00 2.71% 54,052 Bank 0 180 11/4/17 National Australia 2,500,00 2.70% 33,288 Bank 0 210 21/4/17 ING 2,000,00 2.62% 30,148 0 270 16/6/17 Members Equity Bank 2,000,00 2.65% 39,205 0 270 16/6/17 Bank of Queensland 1,500,00 2.60% 28,849 0 24,500,0 534,059 00

During the month the following transactions occurred:  Investment of $2.5 million with NAB was placed for 180 days at 2.70%.

The average rate of interest to be paid on all of the term deposits is 2.70% and exceeds the Reserve Bank’s cash rate of 1.50%.

In-Kind Support In-Kind support and fee waivers at 31 October 2016 totalled $4,184. $184 of fees were waived under delegation and a further $4,000 was provided in sponsorships for sports representatives.

Reserves 79 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

Movements to reserves for the month generally represent interest earned on reserve funds. However, other transactions may also be processed. At the end of the month reserve transfers occurred for the following:  transfer of lime sand royalties received to the Road Asset reserve;  transfer of revenue received from advertising signs to the Recreation Centres reserve; and  transfer of the $500,000 Regional Venues Improvement fund grant received for the Margaret River Cultural Centre redevelopment project to the Community Facilities reserve.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Financial Management Regulation 34 requires a local government to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation 22(1) (d).

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position.

FINANCIAL IMPLICATIONS The overall financial performance of the Shire is summarised in this report.

Social Nil

Economic As stated in the report

RECOMMENDATION That Council receives the Monthly Financial Report – October 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

ADVICE TO APPLICANT / PROPONENT 80 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

ATTACHMENTS 1. Monthly Financial Report consisting of: a. Notes to and forming part of the Statement of Financial Activity b. Financial Reports by Business Units

RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR SMART OM2016/261 That Council receives the Monthly Financial Report – October 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. CARRIED 6/0

11.4.3 COMMUNITY CONSULTATION AND STAKEHOLDER ENGAGEMENT POLICY

FILE REFERENCE CSV/87

REPORT AUTHOR Stacey Hutt, Community and Corporate Planner

IN BRIEF  Council adopted the draft Community Consultation and Stakeholder Engagement Policy at Ordinary Council Meeting (OCM) 14 September 2016 for a 21-day community consultation period.  The Shire received two submissions on the draft policy which was advertised for community feedback from 30 September to 21 October 2016.  This report details one amendment to the draft policy following the feedback received through community consultation.

RECOMMENDATION That Council adopts the Community Consultation and Stakeholder Engagement Policy as presented in Attachment 1.

LOCATION PLAN Nil

TABLED ITEMS Nil

BACKGROUND The Corporate Plan identifies and prioritises the key strategies and activities Council will undertake in response to the Community Strategic Plan 2033. Action 5.6.2.9 within The Corporate Business Plan 2015-19 asked for a review of the Community Consultation Framework for Non-Planning Matters Policy within the 2015-16 financial year.

The Shire conducted a review of the organisations approach to community consultation and stakeholder engagement over 2016 which provided a review of the Shire’s community engagement policies.

The need to develop community and stakeholder engagement for the Shire was identified as a priority area within the Australian Business Excellence Framework review in March 2015. As a result, the following actions were included within the Corporate Business Plan for action within the 2015-16 financial year:

5.2.2.14 Scope via the customer survey and International Association for Public Participation 2 Framework (IAP2) the requirements to develop a Stakeholder and Customer Framework and Engagement Strategy

5.6.2.9 Review the Community Consultation Policy (non-planning matters)

Council received a report at OCM 14 September 2016 which detailed the update of the Community Consultation Policy for Non-Planning Matters; updating the policy to be renamed the “Community Consultation and Stakeholder Engagement Policy” and absorption of Local Planning Policy 2 –Consultation. Council adopted the draft policy at the meeting for the purposes of community consultation over a 21-day period and revoked the Local Planning Policy 2 – Consultation.

CONSULTATION AND ADVICE External Consultation The draft Community Consultation and Stakeholder Engagement Policy was advertised for community feedback over a 21-day period, from 30 September to 21 October 2016. The Shire received a total of two submissions on the draft policy over this time.

Internal Consultation Internal consultation occurred in the compilation of the draft policy with the Executive, Community Planning and Development business unit and Planning business unit officers.

DISCUSSION / OFFICER COMMENTS The Shire has been consulting the community through committees and distribution groups as a means of better understanding community needs in order to plan for service delivery. In more recent times, officers have been using an online Community Pulse, Facebook and more recently a consultation portal “Your Say” as a mechanism for effective engagement with residents and ratepayers of the Shire. Community engagement is a cost effective and efficient means of gathering feedback while also providing greater transparency for the community. Together, the policy and organisational framework will result in an increase in face to face community engagement alongside valued online engagement techniques and traditional paper consultations.

The development of this policy has been informed by best practice, including Asset Based Community Development (ABCD), International Association for Public Participation (IAP2) and the Institute of Public Works Engineering Australia (IPWEA) Practice Note 8: Levels of Service.

The draft policy presents 11 principles, which move the Shire from a broad focus on consultation toward a stronger commitment for quality community engagement. The

83 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016 policy details three levels of engagement to be employed depending on the type of activity. These levels are to inform, consult and involve. The policy shows a commitment to using multiple forms of communication to successfully gather feedback from various community groups and increased participatory community workshops.

Community feedback was invited on the draft policy through Your Say and this was advertised on the Shire’s website and within the Shire’s community consultation section of the Margaret River Times. Hard copies of the draft policy and submission form were available through the Margaret River and Augusta Shire administration buildings.

Your Say had a total of 459 visitors over the 21-day consultation period with 47 visiting the Community Consultation and Stakeholder Engagement Policy project page. Nine visitors downloaded the draft policy document and a total of two visitors submitted their feedback on the draft policy. The results were:

 One submission in support of the policy, stating: “Seems sound and appropriate to combine policies.”  One submission not in support of the policy, stating: “No mention made of what feedback system there is to see if the proposals address community expectations and after implementation they indeed are successful.”

As a result of this feedback the following statement has been added to principle 10 of the draft policy for Council’s consideration:

“The evaluation of consultation projects will occur within project and business planning processes which will include ongoing communication with identified stakeholder groups.”

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local governments are required by legislation to engage with community in planning for service delivery. Relevant legislation includes the Local Government Act 1995, Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015 and State Planning Policy 3.1 Residential Design Codes.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 5 Effective Leadership and Governance Outcome 2 Effective strategy, planning and asset management Strategy 2.2.2 Develop long term Resourcing Strategy aligned to the Community Strategic Plan

PLANNING FRAMEWORK 84 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

SUSTAINABILITY IMPLICATIONS The Community Consultation and Stakeholder Engagement Policy includes acknowledgment of the Shire’s commitment to using its best endeavours to meet the needs of current and future generations through the integration of environmental protection, social advancement, cultural recognition and economic prosperity. The Shire is also committed to providing leadership and a strong commitment to community engagement in policy-making and key projects.

RECOMMENDATION That Council adopts the Community Consultation and Stakeholder Engagement Policy as presented in Attachment 1.

ATTACHMENTS 1. Community Consultation and Stakeholder Engagement Policy

RECOMMENDATION / COUNCIL DECISION CR SMART, CR KENNAUGH OM2016/262 That Council adopts the Community Consultation and Stakeholder Engagement Policy as presented in Attachment 1. CARRIED 6/0

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1 Opportunity for Solar Photovoltaic Energy – Cr Peter Lane

On the 9 November 2016 at the Ordinary meeting of Council, Cr Peter Lane gave notice of the following motion:

MOTION That the CEO write to DPaW and FPC to explore the opportunity, that on logging the pine plantation to the north of Margaret River town-site, east of Bussell Highway, of leasing approximately 20 hectares for the purpose of constructing a solar photovoltaic energy array.

MOTION / COUNCIL DECISION CR LANE, CR HAYNES OM2016/263 That the CEO write to DPaW and FPC to explore the opportunity, that on logging the pine plantation to the north of Margaret River town-site, east of Bussell Highway, of leasing approximately 20 hectares for the purpose of constructing a solar photovoltaic energy array. CARRIED 4/2 CRS HASTIE AND SMART VOTED AGAINST

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING Nil

14. NEW BUSINESS OF AN URGENT NATURE 14.1. Members Nil 14.2. CEO Nil

15. CONFIDENTIAL BUSINESS

PROCEDURAL MOTION / COUNCIL DECISION CR KENNAUGH, CR LANE OM2016/264 That the meeting go behind closed doors. CARRIED 6/0

Members of the public and press left Chambers at 6.54pm

15.1 MICHAEL GRAY V SHIRE OF AUGUSTA MARGARET RIVER STATE ADMINISTRATIVE TRIBUNAL MATTER DR268 OF 2016

LOCATION/ADDRESS Lot 9500 Burnside Road, Margaret River

APPLICANT/LANDOWN Michael Gray (Margaret River Earth Cartage) ER

FILE REFERENCE PTY/10656, P216500

REPORT AUTHOR Angela Satre, Senior Planning Officer

AUTHORISING Annie Riordan, Acting Chief Executive Officer OFFICER

IN BRIEF  On 27 July 2016 Council granted an Extractive Industry Licence for Lot 9500 Burnside Road Margaret River subject to 24 operating conditions.  An ‘Application for Review of Decision’ was subsequently lodged by the Applicant with the State Administrative Tribunal (SAT).  An onsite Tribunal Mediation was held on 25 October 2016 at which a Proposal was presented to the Shire seeking deletion and replacement of nine conditions.  SAT made an order under section 31 of the State Administrative Tribunal Act 2004 inviting Council to reconsider its previous decision. Council has the option to affirm or vary the decision or set aside the decision and substitute a new decision.  It is recommended that Council vary the decision made on 27 July 2016 by replacing 8 conditions of the Licence and deleting one condition.

RECOMMENDATION That Council resolves to vary the decision made at the Ordinary Meeting of Council on 27 July 2016 (OM2016/147) to approve the Extractive Industry at Lot 9001 Burnside Road Margaret River by varying conditions 3, 4, 6, 8, 14, 21, 22, 24 and deleting condition 23.

RECOMMENDATION / COUNCIL DECISION CR LANE, CR KENNAUGH OM2016/265 That Council resolves to vary the decision made at the Ordinary Meeting of Council on 27 July 2016 (OM2016/147) to approve the Extractive Industry at Lot 9001 Burnside Road Margaret River by deleting condition 23, and replacing conditions: 3, 4, 6, 8, 14, 21, 22, 24 as follows:

3. No maintenance of machinery or activities in relation to extractive industry is to be undertaken in the outbuildings adjacent to Lots 212 and 214 Burnside Road.

“Maintenance of all trucks and machinery may continue at the sheds until 31 December 2016”.

4. Prior to the end of the 2016 calendar year all machinery associated with the extractive industry, with the exception of the mobile screening plant, shall be relocated from the outbuildings adjacent to Lots 212 and 214 Burnside Road to an area adjacent to the existing dwelling on Lot 9500 Burnside Road.

“Prior to the end of the 2016 calendar year all trucks and machinery used in the extractive industry, with the exception of the mobile screening plant, be relocated to within 200m of the existing residence on Lot 9001 Burnside Road.”

6. The proponent shall pay a Rehabilitation Bond, within 90 days from the date of this licence, to be held against satisfactory completion of rehabilitation works required as a condition(s) of this licence. The

rehabilitation bond will be based on the final exposed footprint at any stage of the extraction.

“ Extraction of stage 4 is only permitted to commence following rehabilitation of stages 1 – 3. The proponent shall pay a Rehabilitation Bond, within 90 days from the date of this licence, to be held against satisfactory completion of rehabilitation works required as a condition(s) of this licence. The bond will be based on the cost of rehabilitating the largest exposed extraction footprint at any one time”.

8. Heavy vehicles shall suitably avoid school bus times on the immediate road network (Burnside and Carters Roads) to the Shire's satisfaction.

“ No extractive industry trucks shall be permitted on Burnside and Horseford Roads during those hours that school buses are operating on those roads, currently calculated between the hours of 7:40am and 8:00am and 3:50pm and 4:10pm”.

14. Major repairs and maintenance of vehicles in not permitted on Site.

“ No maintenance of machinery or activities in relation to the extractive industry is to be undertaken in the outbuildings adjacent to Lots 212 and 214 Burnside Road after 31 December 2016, other than maintenance carried out within the operating hours set out in this licence, which shall be permitted until 31 December 2017. From 31 December 2017 maintenance in relation to the extractive industry is not permitted in the outbuildings adjacent to Lots 212 and 214 Burnside Road”.

21. No depositing of material on the Site is permitted unless subject to authorisation from the Shire for the purpose of rehabilitation.

“No deposition of material is permitted on Lot 9001 without prior Shire approval save for:  Material approved by the Shire for rehabilitation; and  Material utilised during grading and sorting of excavated product; and  For farming purposes.”

22. Prior to the end of the 2016 calendar year the existing access to the site is to be relocated from the termination of Burnside Road to a location generally opposite Lot 20 Burnside Road. The vehicle crossover shall be located, designed and constructed in accordance with the Shire’s crossover standards and specifications.

“Prior to the end of the 2018 calendar year the access to Lot 9001 is to be relocated from the termination of Burnside Road to a location generally opposite Lot 20 Burnside Road. The vehicle cross over shall be located, designed and constructed in accordance with the Shire’s crossover standards and specifications.” 89 SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 23 NOVEMBER 2016

24. Trucks entering and exiting the site are not use the Caves Road / Horseford Road intersection.

“Trucks involved in the extractive industry activity are not to use the Caves Road / Horseford Road intersection”.

CARRIED 6/0

PROCEDURAL MOTION / COUNCIL DECISION CR LANE, CR KENNAUGH OM2016/265 That the meeting come out from behind closed doors. CARRIED 6/0

Members of the public and press re-entered chambers at 7.07pm

Council’s decision for Item 15.1 was displayed for members of the public.

16. CLOSURE OF MEETING

The Shire President thanked all in attendance and declared the meeting closed at 7.12pm