Ordinary Council Meeting Agenda
Harvey Council Chamber Tuesday, 15 December 2020 4pm
Ordinary Council Agenda Tuesday, 15 December 2020
Shire of Harvey
Ordinary Council Meeting
Dear Councillor,
Notice is hereby given that the next meeting of the Harvey Shire Council will be held in the Harvey Council Chamber, Young Street, Harvey, on Tuesday, 15 December 2020 commencing at 4pm.
The business to be transacted is shown in the Agenda hereunder.
Yours faithfully,
Annie Riordan Chief Executive Officer
11 December 2020.
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Ordinary Council Agenda Tuesday, 15 December 2020
Agenda
1. Official Opening ...... 4 2. Record of Apologies and Leave of Absence ...... 4 3. Applications for Leave of Absence ...... 4 4. Reading from a Book of Learning and Wisdom ...... 4 5. Declarations of Members' and Officers' Personal Interest ...... 4 6. Response to Previous Questions Taken on Notice ...... 4 7. Public Question Time ...... 4 8. Petitions/Deputations/Presentations ...... 4 9. Announcements by Presiding Members or CEO Without Discussion ...... 4 10. Confirmation of Minutes ...... 5 11. Receipt of Minutes from Committees ...... 5 12. Officer's Reports ...... 6 12.1. Chief Executive Officer ...... 6 12.2. Infrastructure Services ...... 7 12.2.1. Local Roads Community Infrastructure Program - Additional Funding ...... 7 12.3. Sustainable Development ...... 13 12.3.1. Application for Development Approval and Extractive Industry Licence Application ...... 13 12.4. Corporate Services...... 25 12.4.1. Listing of Accounts Paid - October 2020 ...... 25 12.4.2. Financial Statements as at 31 October 2020 ...... 27 12.5. Community and Lifestyle ...... 30 12.5.1. Public Art Policy ...... 30 12.5.2. Harvey Art Prize ...... 33 12.5.3. Harvey Recreation Ground Master Plan ...... 36 13. Elected Members Motions of Which Previous Notice Has Been Given ...... 40 14. Notice of Motion for Following Meeting ...... 40 14.1. Notice of Motion for Following Meeting ...... 40 15. Questions by Members of Which Due Notice Has Been Given ...... 40 16. Reports of Members ...... 40 17. Seal Register ...... 40 18. New Business of an Urgent Nature Introduced by Decision of Meeting...... 41 19. Matters Behind Closed Doors ...... 41 19.0. Matters Behind Closed Doors ...... 41 20. Closure of Meeting ...... 41
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1. Official Opening
Disclaimer
Members of the Public are advised that recommendations to Council contained within this Agenda can be subject to alteration. Applicants and other interested parties should refrain from taking any action until such time as written advice is received confirming Council’s decision with respect to any particular issue.
Any statement or insinuation of approval regarding any planning or development application made during an Ordinary Council meeting is not to be taken as notice of approval from the Shire. The Shire advises that anyone who has an application lodged with the Shire must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attached to the decision made by Council regarding the application.
An audio and/or visual record will be made of these proceedings to assist in the taking of minutes.
Acknowledgement of Country
The Shire of Harvey acknowledges the traditional custodians of the land and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.
2. Record of Apologies and Leave of Absence
3. Applications for Leave of Absence
4. Reading from a Book of Learning and Wisdom
Read by Cr. Beech
5. Declarations of Members' and Officers' Personal Interest
6. Response to Previous Questions Taken on Notice
7. Public Question Time
8. Petitions/Deputations/Presentations
9. Announcements by Presiding Members or CEO Without Discussion
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10. Confirmation of Minutes
Ordinary Council Meeting – 24 November 2020
Recommendation
That the Minutes of the Council Meeting held on 24 November 2020, as printed be confirmed as a true and correct record.
11. Receipt of Minutes and Recommendations from Committees
Shire of Harvey Bush Fire Advisory Committee - 16 November 2020
Recommendation
That the Minutes of the Shire of Harvey Bush Fire Advisory Committee Meeting held on 16 November 2020, as printed be confirmed as a true and correct record.
Chief Executive Officer Employment Committee - 8 December 2020
Recommendation
That the Minutes of the Chief Executive Officer Employment Committee Meeting held on 8 December 2020, as printed be confirmed as a true and correct record.
Audit Committee – 15 December 2020
Recommendation
That the Minutes of the Audit Committee Meeting held on 15 December 2020, as tabled be confirmed as a true and correct record.
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12. Officer's Reports
12.1. Chief Executive Officer
Nil.
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12.2. Infrastructure Services
12.2.1. Local Roads Community Infrastructure Program - Additional Funding Item No. 12.2.1. Subject: Local Roads Community Infrastructure Program - Additional Funding Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Director Infrastructure Services Authorising Officer: Chief Executive Officer File No.: Attachments: Nil
Summary
Recognising the significant economic impact caused by the COVID-19 crisis the Australian Government previously committed $500 million to the Local Roads and Community Infrastructure Program (LRCI) to support jobs, businesses and the resilience of the local economies.
As part of the program, the Shire of Harvey was allocated $668,755 and Council at its meeting held on 25 August 2020, approved the allocation of the funding to 12 projects in compliance with the funding guidelines.
On 30 October 2020, the Shire was advised that additional funding had been made available through the LRCI program and that the Shire would receive an additional funding allocation of $1,181,211 available from 1 January 2021 with a proviso that the additional funding be expended by 31 December 2021.
This report identifies the additional recommended projects that meet the LRCI funding guidelines and recommends that Council endorse the projects as listed in the report.
Background
As previously reported to Council the additional funding will be made available to local government and will be allocated in a similar way to how the current Roads to Recovery Program and the road component of the Financial Assistance Grants are allocated. The allocated value takes into consideration road length and population and is based on recommendations of Local Government Grants Commission.
Local governments can select the projects to be funded in their community according to priorities at the local level and similar to the Roads to Recovery Program, local governments will need to submit a Work Schedule that outlines the project(s) they plan to undertake.
As long as the projects selected are eligible local road or community infrastructure projects and are additional to local government pre-COVID-19 work program for 2020 - 2021. they will receive funding. In addition, if a project has been brought forward from a future work program it will be eligible for funding.
The Shire would need to complete each project nominated for additional funding by 31 December 2021 to be eligible to receive the full nominal share of funding.
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Comment
In accordance with the guidelines the following projects would be eligible for funding: Local Road Projects
• Road / footpath works • Traffic signs • Traffic control equipment • Street lighting • Bridge / tunnel • Rest areas
Community Infrastructure Projects
• CCTV • Bike/walking paths • Painting / improvements to community facilities • Fencing • Improved accessibility • Landscaping improvements • Picnic shelters / BBQ • Playground / skate parks • Car parking
Proposed Local Roads Projects
The Boulevard / The Promenade Intersection Reconfiguration and Ditchingham Place / Grand Entrance Reconfiguration
At its meeting held on 25 August 2020, Council endorsed making a submission for Regional Road Group Funding, to Main Roads WA (MRWA) for the following ‘Improvement/Expansion projects” for the financial years as listed:
• Uduc /Forestry /Government Road Intersection reconfiguration (2021-2022) • The Boulevard / The Promenade Intersection Reconfiguration (2022-2023) • The Promenade Reconfiguration (2023-2024) • Ditchingham Place / Grand Entrance Reconfiguration (2024-2025) • Old Coast Rd - Travers and Cathedral Intersection Upgrades (2025-2026)
MRWA recently advised the Shire that they included two of the above projects for funding in the current (2020-2021) financial year namely The Boulevard / The Promenade Intersection Reconfiguration and Ditchingham Place / Grand Entrance Reconfiguration. MRWA will fund 2/3 of the cost while the Shire is required to fund the remaining 1/3 of the cost.
As these projects were included after the adoption of the 2020-2021 Budget no contributory Shire funding was included in the current Budget.
It is therefore considered that as the MRWA funding is now available and the Shire will be receiving additional LRCI funding, it is an opportunity to bring these two projects forward to 2020-2021 and implement the works at nil cost to the Shire.
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Uduc Road rehabilitation between Young Street and Third Street
As previously reported to Council, the report considered on 25 August 2020 dealt with improvement/expansion projects only as the preservation projects were incorporated in the annual road rehabilitation and construction program.
MRWA also recently advised the Shire that they have also included a rehabilitation project for 2020-2021, Uduc Road rehabilitation between Young Street for 420m to Third Street. Again, no contributory Shire funding was included in the current Budget.
Path Extension South Western Highway – Uduc Road to Hinge Road
This matter was considered by Council at its meeting held on 24 November 2020 where petitioners requested that a path be constructed on the west side of South Western Highway for a distance of 570m. Council decided that this path will be considered as part of the long term path plan and prioritised accordingly.
Officers consider that this path link would not only improve safety but would also be an opportunity to improve the aesthetics of the entry into the Harvey town site and as funding is available this project should be included.
Path Extension South Western Highway – King Street to Harvey River
The Harvey Visitors Centre located off the South Western Highway north of the Harvey town is not currently assessable to non-motorised traffic via a formal path link. While an informal track exists from King Street to the existing path under the South Western Highway road bridge over the Harvey River, this track is not accessible to all.
A formalised path would be an opportunity to better link the Visitors Centre to the Harvey town site. It would also encourage visitors to walk part of the Noongar Kaartdijin Bidee trail past the recently completed artwork under the Harvey River Bridge.
It is therefore recommended that the following ‘Local Road’ projects be included for LRCI funding
Project LRCI Category Comments Funding The Boulevard / The $350,000 Local Roads Planned for 2022-2023. Total Promenade Intersection projects estimated project cost is Reconfiguration $750,000. MRWA contribution is $400,000 Ditchingham Place / $160,000 Local Roads Planned for 2024-2025. Total Grand Entrance projects estimated project cost is Reconfiguration $480,000. MRWA contribution is $320,000 Uduc Road rehabilitation $100,000 Local Roads Planned for 2021-2022. Total between Young Street for projects estimated project cost is 420m to Third Street $300,000. MRWA contribution is $200,000 Path extension South $84,211 Local Roads Access and amenity Western Highway (Uduc projects improvements Road to Hinge Rd) Path extension SWH $65,000 Local Roads Access and amenity (King St to Harvey River) projects improvements Subtotal $749,211
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Proposed Community Infrastructure Projects
Playground Replacement - Binningup
The existing playground is at the end of its useful life with many of the elements showing signs of advanced corrosion. While some remedial works have been undertaken to make the facility safe, the playground floor is badly corroded and needs urgent replacement however replacement parts are difficult to source as they need to come from overseas suppliers.
The playground is listed for replacement in the Forward Capital Works Plan for 2021-2022
Binningup Beachside facility
A recent maintenance inspection in liaison with both the Surf Lifesaving Club and the Fishing Club identified the following urgent maintenance and upgrade matters:
• Water Ingress to West-facing Wall: o Structure – Engineer to investigate o Protection against rising damp – Subsoil drainage to be constructed against the full length of the western wall o Clean-up works of internal wall and First Aid Room • Lack of access to west of building: Bi-fold doors required • Landscaping to front of building to be installed • New kitchen sink and two mobile stainless-steel trollies required to Surf Lifesaving section for sterilisation of training mannequins. • External shower on eastern wall at Public Toilets, possible screen wall to be erected
Fencing Replacement at the Harvey Commonage
Portions of the western boundary of Reserves 22977 and 32829 (known as Harvey Commonage) require the installation of 700m of rural fencing adjacent to the disused irrigation channel. Historically, this section of the Harvey Commonage had not required fencing as the irrigation channel acted as a physical barrier to separate the land from the South Western Highway. Over time the irrigation channel has deteriorated and there is currently no impediment for stock being able to wander onto the South Western Highway. Therefore, there is an urgent requirement to address this matter for both animal welfare and protecting the safety of road users.
Ridley Place Foreshore Reserve – Reticulation power upgrade/amenity improvements
With the recent works to implement a bore water filtration unit on the Ridley Place Foreshore Reserve, it has been identified that to improve both aesthetics and functionality for park users, the existing overhead power feed to the main switchboard needs be placed underground and the switch board relocated next to the filtration unit enclosure.
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Project LRCI Funding Comments Playground Replacement $300,000 Planned for 2021-2022 in FCWP Binningup Binningup Beachside facility $87,000 Urgent works required Fencing Replacement at the $15,000 Safety issue Harvey Commonage Ridley Place Foreshore Reserve – $30,000 Improved safety and amenity for Reticulation power park users upgrade/amenity improvements Subtotal $432,000 Overall Total $1,181,211
Statutory/Policy Environment
Local Government Act 1995
Section 6.8(1)(b) unbudgeted expenditure to be authorised in advance by Absolute Majority.
Strategic Framework
The Shire’s Strategic Community Plan 2017 – 2027, states:
A local transport network that ensures equity of access across the Outcome 3.6 community to a safe standard. 3.6.1 Provide a safe standard of roads and ancillary infrastructure. Lobby for state and federal funding for road infrastructure. 3.6.3
Risk Management
The Risk Theme Profile identified as part of this report is Inadequate Asset Sustainability Practices. The Consequence could be Financial Impact and Reputational. The additional funds provided to the Shire will assist in implementing new and upgrading existing assets therefore mitigating the financial risk and as such it is considered that a Low risk is present.
Budget Implications
Some of the projects listed above are included in the Long Term Financial Plan and some are based on requests received from the community, outcomes of community meetings, and safety issues identified.
The value of the additional LRCI program funding allocated to the Shire of Harvey is $1,181,211.
Voting Requirements
Absolute Majority.
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Officer’s Recommendation
That Council:
1. Notes the information on the additional funding to be provided as part of the Australian Government’s Local Roads and Infrastructure Program, as outlined in the report; and
2. Authorises the unbudgeted expenditure of $1,181,211, to be fully funded by the Australian Government, to undertake the nine projects as discussed and outlined in the report.
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12.3. Sustainable Development
12.3.1. Application for Development Approval and Extractive Industry Licence Application Item No. 12.3.1. Subject: Application for Development Approval and Extractive Industry Licence Application Proponent: The GM Giacci Family Trust Location: Lot 4 Binningup Road, Binningup Reporting Officer: Planning Officer (AR) Authorising Officer: Director of Sustainable Development File No.: A002367/EX/007 Attachments: 1. Attachment 1 - Noise Management Plan [12.3.1.1 - 47 pages] 2. Attachment 2 - Dust Management Plan [12.3.1.2 - 33 pages] 3. Attachment 3 - Officer Recommendation [12.3.1.3 - 3 pages] 4. Attachment 4 - Works and Excavation Plan [12.3.1.4 - 37 pages]
Summary
The GM Giacci Family Trust applied to the State Administrative Tribunal (SAT) for a review of Council’s decision to refuse the Application for Development Approval and Extractive Industry Licence at its meeting held 25 August 2020, relating to limestone extraction from Lot 4 Binningup Road, Binningup.
The Officer’s recommendation was to approve the Development Application subject to conditions, however Council put forward an Alternate Motion that recommended “That Council refuses the Application for Development Approval for the extraction of limestone from the nominated area within lot 4 Binningup Road, Binningup, as the proposed Management Plans are not considered adequate to manage likely offsite impacts to protect the current amenity of residents within the Binningup town site.”
The Alternate Motion was supported by Council 7-3 with the reason given “That Councillors believe that the proposed Management Plans are not considered adequate to manage likely offset impacts to protect the current amenity of residents within the Binningup town site.”
At the most recent Directions Hearing, SAT invited Council to reconsider its original decision pursuant to section 31 of the State Administrative Tribunal Act 2004 (SAT Act).
The reason for refusal, subject of the SAT review, relates to the adequacy of the proposed Management Plans to manage likely offsite impacts to protect the current amenity of residents within the Binningup town site.
As a result of the current SAT process, additional information has been provided and modifications have been undertaken to the proposed Management Plans by the Applicant to support the Development Application. Officers consider that the proposed amended Management Plans may be considered by Council to now provide an appropriate framework to mitigate potential offsite impacts to protect the current amenity of residents within the Binningup town site, in addition to complying with relevant legislation.
It is therefore recommended that Council reconsiders its original decision pursuant to section 31 of the SAT Act, that the application be approved subject to appropriate conditions and that the Manager Planning Services be authorised to issue the Extractive Industry Licence following the satisfactory completion of the relevant Development Approval conditions.
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Background
Original Decision
At its meeting on 25 August 2020, Council considered applications for Development Approval and an Extractive Industry Licence for the extraction of limestone from Lot 4 Binningup Road, Binningup. Officers recommended the applications be approved, however Council supported an Alternate Motion and resolved to refuse the Application for Development Approval.
SAT Application for Review
An Application for Review was lodged by the GM Giacci Family Trust Ltd to the SAT on 13 May 2020 (DR 99/2020) as the Development Application at this time was ‘deemed refused’. An initial Directions Hearing occurred on 22 June 2020 with the outcome being the requirement for the Applicant to undertake an Acoustic Assessment of the subject site to support the required Management Plans. The Acoustic Assessment was provided, and the applications were referred for Council determination.
Following Council’s determination on 25 August 2020 to refuse the Development Application, the Applicant’s SAT review proceeded with a Directions Hearing occurring on 4 September 2020. At the Directions Hearing, SAT issued orders requiring the preparation and filing of a Statement of Issues, Facts and Contentions (SIFC), prior to a further a Directions Hearing scheduled for 31 October 2020. A copy of the Shire’s and Applicant’s SIFC are contained with Confidential Attachments 1 and 2.
The Shire engaged an external consultant to review the Management Plans to form the basis of the Shire’s SIFC.
On 26 October 2020, SAT requested the parties to discuss any orders proposed for the Directions Hearing and for a signed agreed Minute of Consent Orders (MCO) to be provided to SAT prior to the Directions Hearing.
At its meeting on 27 October 2020, a late item was presented to Council for consideration of the upcoming Directions Hearing process. Officers recommended Minute of Consent Orders being provided to the SAT inviting Council to reconsider its original decision pursuant to section 31 of the SAT Act. The Officer’s recommendation was supported by Council.
Following this Council decision, Officers liaised with the Applicant to advise that Council supported the Minute of Consent Orders to reconsider the Application for Development Approval and Extractive Industry Licence at the upcoming 24 November 2020 Council meeting and for the 31 October 2020 Directions Hearing be vacated. The Applicant was also advised that Officers would be supportive of informal mediation (outside of the SAT process) of the recommended conditions prior to this meeting, as any amendments to the proposed conditions would require a determination by Council.
In response, the Applicant advised that they wanted to proceed with the Directions Hearing on 31 October 2020 and would be seeking to mediate the original Officer recommended conditions.
At the 31 October 2020 Directions Hearing, SAT issued the following orders for the Applicant to provide relevant additional information and invited Council to reconsider its original decision pursuant to section 31 of the SAT Act on or before 15 December 2020. In addition, a further Directions Hearing has been scheduled for 23 December 2020. The Applicant has provided as part of the SIFC, additional supportive information which
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includes modifications to the Noise Management Plan, a revised Dust Management Plan and an updated Works and Excavation Program. A summary of the additional information is provided below:
Noise Management Plan
In response to the factors identified by the Shire associated with contentions relating to noise, a review of the Noise Management Plan (NMP) was undertaken by the Applicant which has resulted in: • An increased earth bund to 7m (from 5m) along the southern boundary of the extraction area for the duration of extraction; and • Removal of the proposed 4m earth bunds on the southern boundary of each of Stages 3 to 6.
Results from the Noise Assessment Final (refer Attachment 1) indicate that, for the worst- case scenarios and without any noise mitigation measures, exceedances of the Environmental Protection (Noise) Regulations 1997 are predicted at 98 Springhill Road (being the Rodgers). Only a very minor exceedance (1 decibel) is predicted at the closest Binningup resident.
With the implementation of the proposed noise mitigation measures (including the above amendments), during worst-case conditions the predicted noise levels to noise sensitive receivers for each stage of extraction do not exceed the assigned noise levels and therefore complies with the Environmental Protection (Noise) Regulations 1997.
The NMP also indicates that the inclusion of proposed operational hours on Saturdays do not impact the noise mitigation measures proposed for the site.
The Noise Assessment Final indicates that with the implementation of the updated NMP, there will be no exceedances of the Environmental Protection (Noise) Regulations 1997 at any sensitive receptors.
Dust Management Plan
The EPA’s Separation Guidance Statement specifically defines ‘sensitive land use’ as a residential development. The recommended separation distances therefore suitably consider the amenity of a residential area. Given that the proposed development conservatively complies with the recommended separation distances of 300-500m for the Binningup town site, and a comprehensive Dust Management Plan has also been developed for the proposed extractive industry operations, the Applicant believes that dust impacts for the town site are adequately addressed.
The Dust Management Plan (DMP) includes detailed management measures; including prohibiting topsoil stripping and bund construction works during conditions when north-east winds exceed 15km/h. This management measure will reduce potential offsite impacts within the Binningup town site.
In addition, the Applicant engaged Environmental Technologies and Analytics to review the DMP prepared by Accendo and propose amendments for both proactive and reactive dust management responses. The amended DMP prepared by Environmental Technologies and Analytics (refer Attachment 2) proposes that an ambient (dust) monitor be installed and operated (on the boundary of the premises) during the first 12 months of extraction and a review to be undertaken to determine if further monitoring should occur.
Ambient air monitoring is defined as the monitoring of the quality of the air in a particular area. This monitoring device will be used to inform the implementation of dust controls and
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the response to potential dust events prior to impacts being experienced in the Binningup community.
The DMP states that the ambient (dust) monitor will be installed prior to extraction operations commencing to obtain base level data. Data from the monitor will be provided in ‘real-time’ and will be used to inform operations for the purpose of: • Defining baseline concentrations of dust in the region before quarry activities commence; • Determining any potential changes or impacts resulting from the quarry operations; and • Supporting proactive and reactive dust management to be incorporated into the operational procedures.
The DMP includes a ‘Trigger-Action-Response’ program that identifies the mitigation processes and responses to address any potential dust impacts from the proposed development.
Conditions
The Officer’s original recommended conditions and advice notes are contained in Attachment 3
The Applicant has requested a revision of the following recommended conditions:
• Recommended Condition (j) Prior to the issue of an Extractive Industry Licence, the Applicant shall provide the Shire with a copy of an amended Water Allocation Licence issued by the Department of Water and Environmental Regulation to include ‘Dust Suppression’ as an authorised activity.
Applicant Reason: It is requested that this condition be removed as the Water Allocation Licence is not held by the Applicant, so it is not appropriate to require the Applicant to provide a third party’s licence.
• Recommended Condition (p) Stockpiles shall be kept to a maximum height of 4m AHD to avoid visual impact and/or material wind drift.
Applicant Reason: The Applicant seeks to amend the maximum height to 8m AHD. The machinery and process will generate stockpiles to approximately 8m AHD.
• Recommended Condition (q) Operating hours are restricted to Monday to Friday 7.00am to 5.00pm. No activities to occur on weekends or Public Holidays.
Applicant Reason: The Applicant seeks to extend operating hours to include Saturday 7.00am to 12.00pm.
Agenda Briefing
At the Agenda Briefing on 8 December 2020, questions were raised regarding the installation of the ambient (dust) monitor which is referenced in the DMP. Whilst the Officer’s recommended conditions include the implementation of the DMP, Officer’s consider it appropriate that this matter be clarified by the recommendation of a standalone condition, being recommended condition 10.
Comment
Application Proposal
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The original NMP indicated that only the sensitive receptor at 98 Springhill Road, Binningup (Rodger residence) would exceed the permissible noise regulations during worst-case scenarios, however recognized that as the residents supported the proposal, the requirement for site specific monitoring of this property was considered unnecessary.
The revised NMP now includes an increase in the earth bund along the southern boundary of the development area to 7m, establishment of a 4m earth bund around the crushing and screening plant (refer Figure 5-1 of the NMP at Attachment 1). Based on the updated proposed noise mitigation measures, the NMP indicates that during worst-case conditions, no exceedances of the Environmental Protection (Noise) Regulations 1997 will occur at any of the identified sensitive receptors.
The revised DMP (refer Attachment 2) proposes the installation of an ambient (dust) monitor which will record existing onsite conditions and provide alerts when conditions may have the potential to cause offsite impacts in accordance with the Trigger-Action-Response program. This will ensure the provision of accurate site-specific data and sufficient response times to implement appropriate mitigation and/or management measures (as detailed in the DMP) to potential dust events prior to impacts being experienced in the community of Binningup.
The DMP indicates that the ambient monitoring device will be installed prior to the commencement of operations to ensure base level data is recorded.
Conditions
Recommended Condition (j) – Amendment to Water Allocation Licence
The Applicant has requested that this condition be removed as they believe it is not appropriate to require the Applicant to provide a third party’s licence.
Officers sought legal advice (refer Confidential Attachment 3) which supports the inclusion of the request as a condition of a Development Approval.
Therefore, Officers do not support the amendment to Condition (j) as requested by the Applicant.
Recommended Condition (p) – Stockpile Heights
The amended Works and Excavation Program (WEP) (refer Attachment 4) identifies that the proposed increase to stockpile heights is required to provide for maximum efficiency of the screening/crushing plant’s capacity on site. The report indicates that visual amenity is not anticipated to be impacted through the proposed increase due to the vegetated ridge located along the eastern side of Lakes Parade being at an approximate elevation of 10m AHD and the closest Binningup dwellings having an approximate elevation of 4m AHD, the proposed stockpiles will be located in excess of 1km from both Binningup Road and the Forrest Highway and are unlikely to cause significant visual impact to passing traffic.
Stockpile heights for the Coastal Plains area (west of the Forrest Highway) have previously been approved up to a maximum of 6m, with heights above this only approved on extractive industry sites located further from roads and urban areas.
Officers consider an increase in stockpile height to a maximum of 6m for the development area could be considered appropriate for the location and consistent with approvals issued along the Coastal Plain.
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Therefore, Officers are not supportive of the amendment to Condition (p) to increase stockpile heights to a maximum of 8m, however consider a maximum of 6m is appropriate.
Recommended Condition (q) – Hours of Operation
The request to extend operating hours to include Saturday 9.00am – 12.00pm is considered general practice for the majority of Extractive Industry operations within the Shire. The Applicant has updated the NMP to include the extended hours and has confirmed that the inclusion of works on a Saturday do not impact the noise assessment outcomes.
Therefore, Officers are supportive of the amendment to Condition (q) to include operating hours to occur on Saturdays 7.00am to 12.00pm.
SAT Process
Pursuant to section 31 of the SAT Act, Council is required to reconsider its original decision and can:
• Affirm its original decision; • Vary its original decision; or • Set aside its original decision and substitute its new decision.
At this point, Council is required to reconsider the application, together with the amended management plans, and determine the application on its merits. Should Council determine to affirm its original decision, the reasons cannot vary from the original reason of the management plans being inadequate to manage likely offsite impacts.
Moving forward, the options for SAT are:
• If Council decide to confirm their refusal of the Application for Development Approval and Extractive Industry Licence, then the SAT process will proceed to a Hearing, details of which will be determined at the scheduled Directions Hearing on 23 December 2020.
• If Council decide to approve the reconsideration of the Application for Development Approval and Extractive Industry Licence, then the SAT process will be vacated, unless the Applicant takes issue with any of the proposed conditions. If this is the case, then only the conditions in question will be required to be mediated through the SAT process.
Conclusion
Council’s decision to support the Alternate Motion to refuse the Application for Development Approval and an Extractive Industry Licence was based on the reason that “Councillors believe that the proposed Management Plans are not considered adequate to manage likely offsite impacts to protect the current amenity of residents within the Binningup town site.
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As a result of the SAT process, the Applicant has undertaken additional investigations and provided further documentation to support their application. In addition to this, the Applicant has also provided extensive mitigation measures, which are now further supported by the proposal to install an ambient (dust) monitor within the development site, which will record current site-specific data.
The NMP no longer identifies any exceedances in levels for sensitive receptor R6 (Rodger residence) in accordance with the Environmental Protection (Noise) Regulations 1997 and the commitment to install the ambient monitor onsite, will ensure accurate site-specific data can be obtained and monitored in accordance with the DMP mitigation measures that have been prepared.
Approval of the proposed use can be considered as it: • Complies with the Environmental Protection Authority’s (EPA’s) Guidance for the Assessment of Environmental Factors: Separation Distances between Industrial and Sensitive Land Uses recommended separation distances to sensitive land uses; • Complies with the Environmental Protection (Noise) Regulations 1997 for worst- case scenario outcomes; • Is included within the Scheme as a discretionary land use; • Can be managed through onsite (dust) monitoring and management plans that are considered appropriate to address potential offsite impacts within acceptable limits of relevant legislation; and • Is considered a temporary land use which does not compromise the sites long term agricultural viability and use.
Officers consider that the concerns raised by Council resulting in its original refusal decision have now been addressed.
For the reasons provided in the Report, Officers recommend that the application be approved subject to appropriate conditions and that Council advise SAT of their decision.
Statutory/Policy Environment
State Administrative Tribunal Act 2004
Section 31. Tribunal may invite decision‑maker to reconsider decision
(1) “At any stage of a proceeding for the review of a reviewable decision, the Tribunal may invite the decision‑maker to reconsider the decision. (2) Upon being invited by the Tribunal to reconsider the reviewable decision, the decision‑maker may — (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and substitute its new decision. (3) If the decision‑maker varies the decision or sets it aside and substitutes a new decision, unless the proceeding for a review is withdrawn it is taken to be for the review of the decision as varied or the substituted decision.”
Local Government Act 1995
• Section 5.23. – Meetings generally open to public:
(1) “Subject to subsection (2), the following are to be open to members of the public —
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(a) all council meetings; and (b) all meetings of any committee to which a local government power or duty has been delegated. (3) If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following —” “(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and” (4) “A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.”
Strategic Framework
WIthin the Shire’s Strategic Community Plan 2017 – 2027:
Strategy 2.3.1 states:
Continue to implement integrated environmental, social and land use planning which will: • Minimise land use conflict;
Strategy 2.3.2 states:
Ensure compliance of rehabilitation plans for extractive industry areas.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information and Failure to fulfil Compliance Requirements. The Consequence could be Environmental, Financial, Reputational or Compliance if incorrect advice is given or the matter is not reconsidered pursuant to section 31 of the SAT Act. The risk is considered Minor and the likelihood Unlikely, given that the report has been thoroughly researched, peer reviewed, provided by a qualified Shire Officer with a recommendation for Council to reconsider its original decision based on its merits. This results in a Low risk being present.
Budget Implications
The Planning Business Unit has a Budget allocation for legal expenses.
Voting Requirements
Simple Majority
Officer’s Recommendation
That Council:
1.Pursuant to section 31 of the State Administrative Tribunal Act 2004, reconsiders its original decision of 25 August 2020 to refuse the Application for Development Approval for an Extractive Industry on Lot 4 Binningup Road, Binningup;
2. Pursuant to section 31(2)(c) of the State Administrative Tribunal Act 2004, sets aside its
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original decision of 25 August 2020 to refuse the Application for Development Approval for an Extractive Industry on Lot 4 Binningup Road, Binningup and approves the Application for Development Approval for the extraction of limestone from the nominated area within Lot 4 Binningup Road, Binningup, subject to the following conditions:
1) No extraction works associated with this Development Approval shall occur on the property until Conditions 3) to 10) of this Development Approval have been satisfactorily achieved and an Extractive Industry Licence has been issued by the Shire;
2) This approval is valid for a period of five (5) years from the date of the issue of the Extractive Industry Licence. If development is not completed within this period, a new approval must be obtained before commencing or continuing development;
Prior to Extractive Industry Licence being issued
3) Prior to the issue of an Extractive Industry Licence, the Applicant shall prepare and submit for approval by the Shire, a Rehabilitation Management and Monitoring Plan which shall include: a) Revegetation and rehabilitation of the extraction area the subject of this approval; b) The proposed rehabilitation back to pasture, to ensure no net loss of agricultural land occurs; c) Details of species types and maintenance and monitoring measures; d) The site is reinstated with a minimum of 400mm cover of overburden and topsoil to a finished rehabilitated level of at least 1m above the highest water table level; and e) All slopes of the batters at the end of excavation, being retained at no more than 1:6 vertical to horizontal.
4) Prior to the issue of an Extractive Industry Licence, the Applicant shall submit for approval by the Shire, in consultation with the Department of Primary Industries and Regional Development, a Weed Management Plan;
5) Prior to the issue of an Extractive Industry Licence, the Applicant shall submit for approval by the Shire a Drainage Management Plan to detail storm water management measures proposed for the site;
6) Prior to the issue of an Extractive Industry Licence, a reinstatement bond of $130,000 (26ha @ $5,000 per hectare) shall be provided to the Shire in the form of a Bond or an irrevocable and unconditional Bank Guarantee;
7) Prior to the issue of an Extractive Industry Licence, the Applicant shall have the approved pit boundaries surveyed and fenced by a suitably qualified surveyor, with the location of such pegs being to the satisfaction of the Shire;
8) Prior to the issue of an Extractive Industry Licence, the Applicant shall install a minimum of four (4) piezometers within the subject site to establish and monitor site-specific groundwater levels, to the satisfaction of the Shire, in consultation with the Department of Water and Environmental Regulation;
9) Prior to the issue of an Extractive Industry Licence, the Applicant shall provide the Shire with a copy of an amended Water Allocation Licence for Lot 4 issued by the Department of Water and Environmental Regulation to
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include ‘Dust Suppression’ as an authorised activity;
10) Prior to the issue of an Extractive Industry Licence, the Applicant shall install an ambient (dust) monitor within the subject site in accordance with the approved Dust Management Plan (Document No. A002367/EX/007 - MP2 – REV 1).
Ongoing
11) Any subsequent extraction stage shall not begin until rehabilitation of the previous stage has substantially commenced, to the satisfaction of the Shire;
12) The Approved Development shall, at all times, comply with the approved Works and Excavation Plan (Doc. No. A002367/EX/007 – 01 – REV 6), approved plans and approved Management Plans, as modified by conditions of this approval;
13) An annual contribution shall be made towards the maintenance and upgrading of Springhill Road in accordance with the methodology adopted by WALGA in the document “Estimating the Incremental Cost Impact on Sealed Local Roads from Additional Freight Tasks, May 2015”;
14) The Applicant shall engage a suitably qualified independent expert to carry out an Annual Audit of Compliance of the conditions of Development Approval and Extractive Industry Licence. The Annual Audit of Compliance shall also include a progress report on the conditions of the approved Rehabilitation Management and Monitoring Plan including: a) Details of completed, ongoing and future rehabilitation areas; b) Photos of rehabilitated areas; c) Monitoring and reporting details, if available; d) Start and completion dates, and expected start dates, if applicable; and e) A map depicting the rehabilitation areas and their completion progress
The Annual Audit of Compliance shall be submitted prior to an annual renewal licence being issued by the Shire;
15) No crushing or screening activities shall occur unless a Works Approval has been obtained from the Department of Water and Environmental Regulation as required by Part V of the Environmental Protection Act 1986;
16) All crushing and screening activities shall be located a minimum of 1000m from the nearest Binningup resident;
17) Stockpiles shall be kept to a maximum height of 6m AHD to avoid visual impact and/or material wind drift;
18) Operating hours are restricted to Monday to Friday 7.00am to 5.00pm and Saturday 7.00am to 12.00pm. No activities to occur on Sunday or Public Holidays;
19) The approved Dust Management Plan (Document No. A002367/EX/007 – MP2 – REV 1) shall be implemented to the satisfaction of the Shire;
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20) The approved Noise Management Plan (Document No. A002367/EX/007 – MP1 – REV 3) shall be implemented to the satisfaction of the Shire;
21) The approved Rehabilitation Management and Monitoring Plan (Document No. A002367/EX/007 – MP3) shall be implemented to the satisfaction of the Shire;
22) The approved Weed Management Plan (Document No. A002367/EX/007 – MP4) shall be implemented to the satisfaction of the Shire;
23) The approved Drainage Management Plan (Document No. A002367/EX/007 – MP5) shall be implemented to the satisfaction of the Shire;
24) The pit boundary survey pegs shall remain in place for the duration of the operation to the satisfaction of the Shire;
25) A 0.5m separation distance to groundwater must be maintained for the life of extraction activities;
26) The Applicant shall undertake monthly monitoring of the installed piezometers (as per condition (8)), from May-October for the life of the development and provide the monitoring data to the Shire and the Department of Water and Environmental Regulation to ensure that a 0.5m separation to the maximum groundwater level is maintained;
27) Any refuelling activities shall be undertaken in accordance with the Department of Water and Environmental Regulations’ Water Quality Protection Note – Toxic and Hazardous Substance Storage and Use. There is to be no storage of hydrocarbons on-site and no major vehicle or machinery repairs or maintenance is to take place on-site;
28) Excavation shall be undertaken to the maximum depth of 1.5m AHD, unless otherwise approved by the Shire, in consultation with the Department of Water and Environmental Regulation, following site specific groundwater monitoring being undertaken;
29) Groundwater shall not be extracted or dewatered during the operation of the extraction activities;
30) With respect to the reinstatement bond required by condition (5), the Shire: a) may call on the Bank Guarantee or Bond for the purpose of carrying out or maintaining rehabilitation work required by the Rehabilitation Management and Monitoring Plan, where that work has not been satisfactorily carried out by the Applicant; b) may, with one week’s written notice to the Applicant, enter Lot 4 for the purpose of carrying out or maintaining the rehabilitation work; c) may retain the Bank Guarantee or Bond and/or enter Lot 4 in accordance with the preceding paragraph for three years after the expiration of this approval, or until the works prescribed by the Rehabilitation Management and Monitoring Plan have been satisfactorily completed (whichever is the later); and d) must return the Bank Guarantee or Bond (or the balance thereof) to the Applicant at the expiration of that period.
3. Advises the Applicant of the following additional requirements that are not included
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as conditions of the approval:
1. The Applicant is advised of their obligations under the Environmental Protection and Biodiversity Conservation Act 1999; and
2. The Department of Planning, Lands and Heritage recommends that reference by made to the State’s Aboriginal Heritage Due Diligence Guidelines.
3. Activities such as crushing and screening, may be prescribed and as such, require a Works Approval, Licence or Registration under Part V of the Environmental Protection Act 1986 (EP Act);
4. The proponent will ensure that all noise emissions comply with the requirements of the ‘Environmental Protection (Noise) Regulations 1997’ at all times’ (p.11);
5. All extraction is required comply with: a) The Shire of Harvey Extractive Industry Local Law 2017, including the holding of a valid licence for all periods of operation; and b) The Department of Water and Environmental Regulation’s “Water Resource Considerations for Extractive Industries 2014”;
4. Upon satisfactory completion of the conditions of the Development Approval required to be fulfilled prior to the issue of an Extractive Industry Licence, authorises the Manager Planning Services to issue an Extractive Industry Licence to The GM Giacci Family Trust for the extraction of limestone at Lot 4 Binningup Road, Binningup, subject to relevant conditions.
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12.4. Corporate Services
12.4.1. Listing of Accounts Paid - October 2020 Item No. 12.4.1. Subject: Listing of Accounts Paid - October 2020 Proponent: Shire of Harvey Location: Reporting Officer: Manager Finance Authorising Officer: Director of Corporate Services File No.: Attachments: 1. Attachment 1 - Listing of Accounts Paid ... [12.4.1.1 - 13 pages]
Summary
Presented by way of attachment is a listing of payments for goods and services for October 2020. It is recommended that Council note the attached payments.
Background
Pursuant to Section 5.42 of the Local Government Act 1995 (Delegation of some powers and duties to CEO), Council has resolved to delegate to the Chief Executive Officer (Delegation No: 2.2.1) the exercise of its powers to make payments from the municipal and trust funds.
As a result of this delegation there is a requirement under the Local Government (Financial Management) Regulations 1996, Regulation 13(3) for a list of payments to be prepared and presented to Council.
Comment
The list of accounts paid for the period of October 2020 is presented as an attachment to this report, as summarised below.
Voucher Amount Schedule of Accounts Municipal EFT 51975 - EFT 52405 $2,413,952.53 117088 - 117104 $29,698.14 DD21352.1 - DD21401.18 $139,032.96 CBA Credit Card $2,351.90 Electronic Funds Submitted $1,068,269.29 Total $3,653,304.82
Statutory/Policy Environment
Local Government (Financial Management) Regulation 1996, Regulation 13 prescribes the reporting of payments to Council.
Strategic Framework
The Shire’s Strategic Community Plan 2017 – 2027, states:
4.3.4 Monitor and ensure compliance with the regulatory framework for local government business.
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Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. There is no Consequence associated as Council is receiving financial information only with no recommendation on action or intervention.
Budget Implications
The payments listed above have been budgeted for in the Shire’s 2020 – 2021 Budget.
Voting Requirements
Simple Majority.
Officer’s Recommendation
That Council notes the above list of accounts paid for the period of October 2020 totalling $3,653,304.82
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12.4.2. Financial Statements as at 31 October 2020 Item No. 12.4.2. Subject: Financial Statements as at 31 October 2020 Proponent: Shire of Harvey Location: Reporting Officer: Manager Finance Authorising Officer: Director of Corporate Services File No.: Attachments: 1. Attachment 1 - Financial Report for the period ending 31 October .... [12.4.2.1 - 13 pages]
Summary
Presented by way of attachment are the Financial Statements as at 31 October 2020.
The following key balances are provided to assist in reporting the Shire’s financial performance.
ACTUAL BUDGET VARIANCE 31 October 2020 2020 - 2021 Statement of Financial Performance Ordinary Revenue $31,961,636 $43,575,228 $11,613,592 Ordinary Expenditure $14,060,663 $50,057,783 $35,997,119 Capital Revenue $434,055 $8,809,126 $8,375,071 Capital Expenditure $1,815,122 $14,004,898 $12,189,776 End of Period Profit / (Loss) $22,229,947
Statement of Financial Position Current Assets $59,505,903 Net Assets $567,448,339
It is recommended Council receive the Financial Statements (refer Attachment 1).
Background
In accordance with the provisions of Section 6.4 of the Local Government Act 1995, and Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, a Local Government is to prepare each month a Statement of Financial Activity (refer Attachment 1) reporting on the revenue and expenditure as set out in the Annual Budget under Regulations 22 (1)(d) for the month.
Comment
Rates Revenue Rates revenue of $22 million and rubbish rates of $3.4 million was generated in August, with the due date of rates being 25 September 2020. Over 74% of rates were paid by the due date, compared to prior years of around 69%. The Shire has not increased the property and rubbish rates, rate in the dollar from 2019 - 2020 in an effort to provide some relief to Rate Payers.
Cash Flow and Interest Earnings The Shire holds by way of cash and term deposit $16.7 million in Municipal Funds, $7 million in Trust Funds and $28 million in Reserve Funds. The average interest rate on these funds is 0.8%. New term deposits are attracting a very low interest rate for 90 days of approximately 0.5%.
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Operating Grants and Subsidies 59% of the 2020 - 2021 Financial Assistance Grants has been received with $1.99 million included in General Revenue.
Employee Costs The financial statements reflect the first four months of the financial year, and it is anticipated employee costs will remain on budget and in line with the Workforce Plan.
Materials, Contracts, Utilities and Other Expenses The financial statements reflect the first four months of the financial year, and it is anticipated the Shire will operate within its means and in line with the Shire’s adopted 2020 - 2021 Budget.
Capital Expenditure The Shire has budgeted to spend $24 million on capital projects throughout the Shire in 2020 - 2021. Capital works have commenced in several areas including road and footpath projects as well as building works and recreation works. Expenditure totalling approximately $1.8 million for these works has been reported at the end of October. As more projects are completed and as the Shire is invoiced for those works the level of reported expenditure will increase.
Attached to the Agenda is the Financial Report for the reporting period which includes the following:
• Statement of Financial Performance • Statement of Financial Position • Notes to the Statement of Financial Performance and Financial Position • Total Municipal Revenue and Expenditure - graph • Statement of Cash at Bank – Loans • Statement of Cash at Bank – Reserves • Statement of Cash at Bank – Bonds and Deposits • Statement of Cash at Bank – Trust • Current Ratio – graph • Outstanding Rates – graph • Aged Debtors Summary - graph • Current Account Coverage – graph • Statement of Investments
The Notes to the Statement of Financial Performance as well as the Notes to the Statement of Financial Position (as attached) include additional information reported on a by Program basis identifying reasons for variances between budgets and actuals.
Statutory/Policy Environment
Section 6.4 of the Local Government Act 1995, requires financial reports to be prepared as prescribed.
Local Government (Financial Management) Regulation 1996, Regulation 34 prescribes the monthly financial reporting requirements of Council.
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Strategic Framework
The Shire’s Strategic Community Plan 2017 – 2027, states:
4.3.4 Monitor and ensure compliance with the regulatory framework for local government business.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Financial, Reputational or Compliance if the financial statements are not reported accurately, timely or in the required format. The risk is mitigated by Council receiving financial statements on a monthly basis and in a form that is in accordance with the Local Government Act 1995 and associated Regulations, resulting in a Low risk being present.
Budget Implications
Review of the monthly accounts aids in ensuring works and services are undertaken and the Shire operates within its adopted Budget.
Voting Requirements
Simple Majority.
Officer’s Recommendation
That Council receives the Financial Statements as at 31 October 2020.
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12.5. Community and Lifestyle
12.5.1. Public Art Policy Item No. 12.5.1. Subject: Public Art Policy Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Acting Manager Place Authorising Officer: Director Community and Lifestyle File No.: Attachments: 1. Attachment 1 - Terms of Reference [12.5.1.1 - 2 pages] 2. Attachment 2 - Policy 3.1.7 Public Art Policy [12.5.1.2 - 3 pages]
Summary
In order to formalise the Shire’s commitment to recognising the role that local art, artists and cultural industries play in the cultural, economic, social and artistic vitality of the Shire, it is recommended that Council adopt a Terms of Reference for and invite nominations onto an Arts and Culture Advisory Group.
In order to support the role and objectives of this group, it is further recommended that Council adopt Policy 3.1.7 - Public Art Policy.
Background
At the Ordinary Council meeting of 17 September 2019, Council directed the CEO to draft terms of reference for a various Advisory Groups and Committees.
At this review of Committees of Council prior to the local government elections in October 2019, no Advisory Group was established to manage and implement art and cultural projects and acquisitions in the Shire.
Comment
It is recommended that an Arts and Culture Advisory Group be established in order to manage and implement arts and cultural projects and acquisitions in the Shire.
This group will include representation from Council, Administration and key stakeholders with expert knowledge to make such recommendations to Council, support the development of strategies, policies and plans related to arts and culture and act as a panel to appoint on occasion, such as the acquisition of the Harvey Art Prize.
A draft Terms of Reference (refer Attachment 1) for this group are provided for consideration.
In order to provide initial direction to this group, a draft policy is provided to Council for consideration. Draft Policy 3.1.7 - Public Art Policy (refer Attachment 2) provides a set of objectives and definitions to guide the Shire in the development and management of public art projects. It further provides a framework for the maintenance, development and management of the Shire’s Art Collection.
The implementation of this policy will be supported by an operational Arts Collection Management Procedure to guide the Administration on its implementation. Further, the implementation of this policy will require the finalisation of the Shire’s Art Collection Register and provision of this as a gallery on the Shire’s website.
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It is envisioned that over time, further strategies, polices or plans will be initiated in order to guide the role and objectives of the Arts and Culture Advisory Group, and that these will be presented to Council as required.
Statutory/Policy Environment
Nil.
Strategic Framework
The Shire’s Strategic Community Plan 2017 – 2027, states:
1.2.5 Complete the Entry Statement Program for the Shire.
2.2.2 Retain and develop partnerships with local community organisations that enhance local character.
3.3.1 Continue to provide facilities and support community groups, including arts, heritage and cultural groups.
3.3.3 Places of cultural significance are recognised and respected.
4.4.1 Provide opportunities for the community to engage with Councillors and Staff.
Risk Management
The Risk Theme Profile identified as part of this report is Inadequate Engagement Practices. The Consequence could be Reputational if the Shire does not adequately involve and engage local artists and the broader community. The Risk Consequence is considered to be Minor and the likelihood Possible resulting in a Moderate level of risk.
Budget Implications
The following allocations are listed in the Shire’s 2020 – 2021 Budget which will fall within this scope of the Public Art Policy and the Arts and Culture Advisory Group:
• $35,000 – Mural Art Project on Shire Buildings; • $20,000 – Entry Statements; • $1,000 – Harvey Art Prize
Voting Requirements
Simple Majority.
Officer’s Recommendation
That Council:
1. Adopts Policy 3.1.7 – Public Art Policy 2. Endorses the Terms of Reference for the Art and Culture Advisory Group 3. In accordance with the Terms of Reference appoint the following persons onto the Arts and Culture Advisory Group: • Cr. ______; • Cr. ______; • Chief Executive Officer or delegate; • Director Community and Lifestyle;
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• Manager Place; and • Community Development Officer. 4. Invites nominations according to the Terms of Reference to serve on the Advisory Group
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12.5.2. Harvey Art Prize Item No. 12.5.2. Subject: Harvey Art Prize Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Director Community and Lifestyle Authorising Officer: Chief Executive Officer File No.: Attachments: Nil
Summary
This report presents a request from the Harvey Art Society and Gallery Inc (HAS) for Council to discount the normal hire fees for use of the Harvey Recreation and Cultural Centre’s (HRCC) Function Room to host the proposed Harvey Art Prize 2021 exhibition during a period from 15 to 20 January 2021 inclusive. While Officers have delegation to determine this application, the matter is referred to Council as it was felt Council would prefer to deal with the request.
It is also necessary, due to the discontinuance of the General Purpose Committee, to determine a Committee or Advisory Group to facilitate the acquisition of an artwork in line with the Shire’s budget allocation of $1,000.
It is recommended Council discount the normal hire fees for the use of the HRCC’s Function Room for the proposed event; and for the Art and Culture Advisory Group to provide direction to the Administration for the purchase of an artwork from the exhibition.
Background
The HAS has written to the Shire seeking Council’s approval to discount normal hire fees for the HRCC Function Room for the exhibition to be held 15 to 20 January 2021 (plus an additional day for set up and take down, being eight days in total)
The HAS is a volunteer run, incorporated body which plans to hold the Harvey Art Prize in January 2021. This will be the 52nd year of the Harvey Art Prize, having first been held in 1968. The prize attracts artists from across Western Australia.
Comment
The request from the HAS is considered to be worthy of Council’s support. There are currently no bookings for use of the HRCC’s Function Room during this period and so there will be no impact on other community groups, organisations or events. Support of this request would demonstrate a strong commitment towards the arts and also support of community facilitated events.
The General Purposes Committee which previously determined the Harvey Art Prize acquisition was discontinued as a result of the review of Committees of Council at the Ordinary Council Meeting of 17 September 2019.
Under a separate cover in this Agenda, the Administration recommended the adoption of Council Policy 3.1.7 Public Art Policy, to provide a framework for the development of public art projects or spaces within the Shire of Harvey. This includes an Art and Culture Advisory Group, which will include Council representation to advise the Administration in matters relating to public artwork, including determining the winner of the Harvey Art Prize.
The Administration will in accordance with the 2019-2020 Annual Budget, make a purchase
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of the Art Work in accordance with the scope of the Harvey Art Prize from the recommendation of the Art and Culture Advisory Group.
Statutory/Policy Environment
Section 6.12(1)(b) of the Local Government Act 1995 allows Council to waive a fee.
Delegation 1.1.5 - Defer, Waive or Write Off Debts
Council Policy 3.1.7 Public Art Policy provides the framework for public artwork projects in the Shire of Harvey. In accordance with this policy the Administration, on recommendation of the Art and Culture Advisory Group shall determine the winner of the Harvey Art Prize.
Strategic Framework
The Shire’s Strategic Community Plan 2017 – 2027, states:
3.1.4 Continue to support community events and programs. 3.3.1 Continue to provide facilities and support community groups, including arts, heritage and cultural groups. Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational depending on whether Council wishes to support the proposal or not. The Risk Consequence is considered to be Low and the Likelihood Unlikely resulting in a Low level of risk.
Budget Implications
This report recommends that Council provide a discount to the normal hire fees for the use of the HRCC Function Room for the period 15 to 20 January 2021 (plus an additional day for set up and take down, being eight days in total). The HAS has estimated total hire costs to be $1,800 (dependent on actual hours of usage) and has committed $900 towards the hire to assist in the reduction of overall event costs. Some additional indirect costs for electricity would be incurred however these costs are not expected to be significant.
The Shire’s Annual Budget includes an allocation of $1,000 for the purpose of purchasing art from the Harvey Art Prize (account number 116302).
Voting Requirements
Simple Majority.
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Officer’s Recommendation
That Council:
1. Subject to normal conditions of hire, insurance and bond requirements, and the provision of a COVID-19 Safety Plan for the event, grants approval for the Harvey Art Society and Gallery Inc to use the Harvey Recreation and Cultural Centre’s Function Room for the purpose of hosting the Harvey Art Prize 2021 Exhibition; 2. Agrees to discount the normal hire fees for the use of the Harvey Recreation and Cultural Centre’s Function Room from 15 to 20 January 2021 (plus an additional day for set up and take down, being eight days in total) inclusive to $900 (GST exclusive); 3. Notes the Art and Culture Advisory Group will make a recommendation to the CEO on the acquisition from the Harvey Art Prize; and 4. Notes the Administration will purchase the artwork in accordance with Council Policy 3.1.7 Public Art Policy.
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12.5.3. Harvey Recreation Ground Master Plan Item No. 12.5.3. Subject: Harvey Recreation Ground Master Plan Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Harvey Recreation and Cultural Centre Authorising Officer: Director Community and Lifestyle File No.: Attachments: 1. Attachment 1 - HRG Needs Assessment Final Report [12.5.3.1 - 92 pages] 2. Attachment 2 - HRGP Master Plan Concept Report [12.5.3.2 - 7 pages]
Summary
This report provides an update on the Harvey Recreation Ground (HRG) Master Plan project, inclusive of a finalised Needs Assessment Report 2020. The findings remain inconclusive for a number of key elements to which it is the Officers recommendation that Council receive these findings and endorse a community consultation process to determine preferred outcomes.
Background
The Harvey Recreation Ground Advisory Committee (HRGAC) was established in 2013 to provide recommendations to Council relative to:
• The management and maintenance of the Harvey Recreation Ground; • Priorities for capital improvements and major maintenance of the Harvey Recreation Ground; and • The long term development of the Harvey Recreation Ground.
At its meeting held 18 March 2019 the HRGAC proposed the development of a Master Plan for the HRG to identify current and future needs of local sporting and community groups and ensure that any provision of new or upgraded facilities occurs in a planned and coordinated way. The Minutes of that meeting confirm the HRGAC:
1. supports the proposal to develop a Master Plan for the Harvey Recreation Ground as outlined in this report subject to funding for the proposed study being approved; 2. approves the submission of grant applications to the Department of Local Government, Sport and Cultural Industries and the Alcoa Harvey Sustainability Fund for the proposed study; 3. lists for consideration of funding in its 2019/20 Draft Budget a contribution of $9,000 towards the proposed study; and 4. in the event that either of the grant applications referred to in point 2 above are unsuccessful, consider an increased financial contribution to the Harvey Recreation Ground Master Plan in its 2019/20 draft budget to make up the shortfall.
At the Ordinary Council Meeting (OCM) held 26 March 2019 it was endorsed that:
That the Minutes of the Harvey Recreation Ground Advisory Committee, held on Monday, 18th March 2019, as printed, be received and the recommendations contained therein be adopted by Council.
At the HRGAC meeting held on 26 August 2019 the project scope was amended to also include reference to:
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• The Harvey Hawks Football Club as a potential future user group; • The potential for a future indoor 25m pool or hydrotherapy pool to be located at the Harvey Recreation and Cultural Centre; and • Support for requests that the Harvey Skate Park be upgraded.
The amended scope was adopted at the OCM held on 17 September 2019 and at its subsequent meeting held on 8 October 2019, Council awarded the contract to a successful consultant to conduct works.
A separate item endorsed at the OCM held on 8 October 2019 was the Terms of Reference for Advisory Groups. This new structure included the establishment of a Harvey Place Advisory Group and a Sport and Recreation Advisory Group that replaced the HRGAC.
A consultation process was undertaken in early 2020, by the consultant, by the following methods:
• Community survey available in hard copy from the Harvey Recreation and Cultural Centre (HRCC) and Shire of Harvey offices • Community survey available online via Survey Monkey and advertised on the Shire of Harvey website and Harvey Reporter • Sporting and user group survey • Community drop-in session at the HRCC • Meeting at the HRCC with relevant Shire Officers; and • Consultation with neighbouring local governments.
Due to COVID-19 restrictions the Harvey Place Advisory Group (HPAG) was unable to meet and formally consider the draft Needs Assessment report however the report was circulated to the members of HPAG inviting their comments, with no comments received.
At its OCM held on 26 May 2020, Council carried the Officer’s recommendation to proceed with the development of the draft HRG Master Plan. An internal working group was then established to review the findings of the report and provide feedback to inform the finalisation of the Needs Assessment and Concept Master Plan Concept Report for the HRG. The final reports are now ready to be advertised for public feedback prior to adoption in preparation for implementation.
Comment
The HRG Needs Assessment Report and Master Plan Concept Report, November 2020 (Attachment 1 and 2) provides the following:
• Review of background information including relevant Shire plans, reports and studies, facility usage data and demographics. • An audit review of the facilities within the Harvey Recreation Ground. • Identification of trends and factors that may influence precinct development recommendations. • Consultation with Shire officers, the previous Harvey Recreation Ground Advisory Committee, sports and recreation groups and key stakeholders, the general community and other relevant agencies and organisations. • Analysis of needs through synthesis of all information gathered through the study.
The report proposes a number of solutions to the identified needs as indicated in Attachment 1, on pages 28-45, within the context that these considerations may be included into the Shire’s annual budget by way of a staged implementation of the HRG Master Plan project.
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With reference to the HRCAG Minutes of 26 August 2019, items included in the amended the project scope, the following solutions were identified:
• the Harvey Hawks Football Club as a potential future user group • the potential for a future indoor 25m pool or hydrotherapy pool to be located at the Harvey Recreation and Cultural Centre, and • support for requests that the Harvey Skate Park be upgraded.
Soccer relocation to HRG • Investigate pitch configuration options to accommodate the relocation of the HHSC to the HRG. • Proceed with proposed drainage upgrades at HRG. • Temporary Bar demolition - If soccer is to be relocated to HRG, consideration for the demolition of the Temporary bar facility will likely be required to allow the most efficient and HCSC desirable soccer playing field configuration. • Storage – investigate the utilisation of the existing stalls at the western end of the HRCC for external storage use by Soccer and playing field user groups. Aquatic Facilities • The Dr Peter Topham Memorial Swimming Pool was built in 1982 and therefore is likely approaching the end of its useful and economic lifespan. • Should the Shire wish to further investigate indoor aquatic options, further studies (needs assessment and feasibility) would be required in order to determine the most appropriate type of facility and location within the HRCC. Skate Park • Conduct a feasibility and design assessment for an upgraded Harvey Skate Park. Should the Shire determine HRG as the most suitable site then expanding the current location (see site diagram below) and adding skateable elements throughout the area should be considered. The existing skate park area could expand to the internal access road and its exit to the west and south to the Uduc Road fence, conservatively providing an approximate 500m2 to the existing apron of approximately 600m2. • Any upgrade should include contemporary features and designed with input from the local skating community.
The final Needs Assessment and Master Plan is now ready to be advertised for public comment prior to adoption in preparation for implementation. It is the Officer’s recommendation to undertake the consultation period for a period of eight weeks before presenting a staged development plan to Council for consideration as part of setting its annual Budget for 2021-2022.
Statutory/Policy Environment
N/A.
- Page 38 - Ordinary Council Agenda Tuesday, 15 December 2020
Strategic Framework
The Shire’s Strategic Community Plan 2017 – 2027, states:
3.4.6 Continue to maintain and enhance the recreation centres to service a wide range of the community.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational if Council decided not to support the proposal. The risk is considered Moderate and the likelihood Unlikely, resulting in a Low level of risk.
Budget Implications
Nil.
Voting Requirements
Simple Majority.
Officer’s Recommendation
That Council:
1. Endorses the Harvey Recreation Ground (HRG) Needs Assessment Report November 2020; 2. Endorses the Master Plan Concept Plan Report; and 3. Approves the Needs Assessment Report and Master Plan Concept Report to be advertised for public comment.
- Page 39 - Ordinary Council Agenda Tuesday, 15 December 2020
13. Elected Members Motions of Which Previous Notice Has Been Given
13.1 Notice of motion from Cr. Adams
Cr. Adams requested that the following Notice of Motion be placed in the Ordinary Council meeting Agenda for 15 December 2020.
That council, addressing the concerns of staff with regard to the unhealthy, overcrowded and allegedly dangerous conditions under which they work in an office considered entirely unfit for purpose, authorize the CEO to repurpose the demountable structure currently serving as the Harvey Council Chamber, into office space, with a view to assisting to alleviate the current office accommodation problem. This repurposing should be seen as an interim measure pending the building of a new office complex in the proposed Harvey town centre Precinct.
Officer Comment
At the Ordinary Council Meeting of 24 November 2020, Council received a report for the proposed Harvey Cultural Centre Master Plan. Contained in this report was an architectural assessment of the Shire of Harvey Offices, which also provided an occupational health and safety assessment of the current building located in Harvey. The architectural report recommended the demolition of the Shire Offices, with ‘no easy fixes’ to the current situation. Concerns included poor hygiene standards, contributed to by old, dirty carpet, increasing mould and a lack of ventilation and natural lighting. There is water egress into the ceilings which has been known to cause collapse. The convoluted nature of the pathways through the offices represented an increase fire risk to patrons and employees, and some existing exits that have been closed inhibit exit pathways. Wellness issues for employees were raised in the report which suggested the effect of the building design, artificial light, spatial clarity and acoustics could significantly reduce employee mental health.
While the interim measure of converting the Harvey Council Chamber into additional office space could help with the crowding issue, most of the concerns raised in the report would not be alleviated by this motion and would provide only some mitigation to only a limited number of employees. The Administration proposes that Council consider an immediate budget amendment to engage an occupational health and safety consultant who would consider the safety of the Shire of Harvey employees, and provide recommendations to mitigate the immediate health and safety risks raised by the Motion and the architectural report.
14. Notice of Motion for Following Meeting
15. Questions by Members of Which Due Notice Has Been Given
16. Reports of Members
17. Seal Register
- Page 40 - Ordinary Council Agenda Tuesday, 15 December 2020
18. New Business of an Urgent Nature Introduced by Decision of Meeting
19. Matters Behind Closed Doors
19.1 Application for Exemption to Keep More Than the Prescribed Number of Dogs (A006893)
Matters Behind Closed Doors Under Section 5.23(2)(b) of the Local Government Act 1995. Reason: the personal affairs of any person
20. Closure of Meeting
- Page 41 -
Bush Fire Advisory Committee Minutes
Harvey Hills/SES Complex Meeting Room Monday, 16 November 2020 7.30pm Shire of Harvey
Bush Fire Advisory Committee Meeting
Minutes of the meeting of the Bush Fire Advisory Committee held on Monday 16 November 2020 in the Harvey Hills/SES Complex, Harper Street, Harvey commencing at 7.30pm.
Attendance
Committee Membership - Voting
Chairman/Chief Bush Fire Control Officer Mr. M. Papalia Brigade Delegates: Binningup Mr. D. Pryce Cookernup Mr. R. Lawrence Harvey Hills (DCBFCO North) Mr. V. Byrd Leschenault (DCBFCO South) Mr. W. Jackson Myalup Mr P. Brown Roelands Mr. W. Fenn Uduc Mr. G. Morgan Yarloop Mr. R. Wood
Committee Membership – Non Voting
Council Delegate Cr. J. Bromham Manager Waste and Safety Services Mr. H. Jones Community Emergency Services Manager Mr. J. Maddern Bush Fire Risk Planning Coordinator Ms. D. Walker Department Fire and Emergency Service Mr. B. Finlay
Note: Only the eight Brigade Delegates have the right to vote. The Chairperson has a casting vote should there be a tied vote only.
Page 2 Bush Fire Advisory Committee Agenda 16 November 2020
Agenda
1. Official Opening
The Presiding Member opened the meeting at 7.30pm.
2. Record of Attendance/Apologies
Department of Biodiversity, Conservation and Mr D Harvey Attractions Council Delegate Cr F Burgoyne
3. Declarations of Members’ and Officer’s Personal Interest
Nil.
4. Response to Previous Questions Taken on Notice
Nil.
5. Public Question Time
Nil.
6. Petitions/Deputations/Presentations/Submissions
Donna Walker – Bushfire Management Project
7. Confirmation of Previous Minutes
7.1 Bush Fire Advisory Committee – Monday, August 17 2020
Recommendation
That the Minutes of the Bush Fire Advisory Committee meeting held on Monday, 17 August 2020, as attached be confirmed.
Moved: V.Byrd Seconded: R. Wood
That the Minutes of the Bush Fire Advisory Committee meeting held on Monday, 17 August, 2020, as attached be confirmed. BFAC 20/011 Carried 8-0
Page 3 Bush Fire Advisory Committee Agenda 16 November 2020
8. Reports of Committee Members
8.1 Chief Bush Fire Control Officer Mr. Papalia presented his report to the Committee (refer Tabled Attachment 1).
8.2 Shire Training Coordinator Mr. Maddern reported that the 2019/2020 training season complete and working on the 2020/21 training calendar.
8.3 Department Fire & Emergency Services (DFES) Mr. Finlay presented his report to the Committee (refer Tabled Attachment 2).
8.4 Department of Biodiversity, Conservation and Attractions (DBCA) Mr. Maddern presented this report on behalf of Mr. Harvey (refer Tabled Attachment 3).
8.5 Community Emergency Services Manager (CESM) Mr. Maddern reported that he has been in the Acting Role of Area Officer Preston and has been working closely with Australind SES and Binningup BFB for the new station openings. Has also recently completed preseason brief with Captains and FCOs.
9. Reports of Officers
Nil.
10. General Business
Bush Fire Advisory Committee Meeting (BFAC) – Future Meetings
At the meeting held on 17 August 2020, Michael Papalia, Chief Bush Fire Control Officer, proposed that BFAC meetings be reduced to two meetings per annum (currently four meetings held per annum) and that non advisory issues be discussed at Captain and Fire Control Officer Meetings.
The CBFCO requested BFAC delegates to discuss the above at their next brigade meeting and bring considerations to this meeting.
That the Bush Fire Advisory Committee request that the Term of Reference of this committee be changed to the following:
1. Meetings of the Committee will be held on the third Monday of May and November each year. 2. A special meeting of the Committee is to be held if called for by the Presiding Member in a notice to the CEO setting out the date and purpose of the proposed meeting.
Moved: V.Byrd Seconded: R. Lawrence
That the Bush Fire Advisory Committee request that the Term of Reference of this committee be changed to the following: 1. Meetings of the Committee will be held on the third Monday of May and November each year. 2. A special meeting of the Committee is to be held if called for by the Presiding Member in a notice to the CEO setting out the date and purpose of the proposed meeting. BFAC 20/012 Carried 8-0
Page 4 Bush Fire Advisory Committee Agenda 16 November 2020
Bushfire Restricted and Prohibited Burning Times
Discussion was held regarding the changing of Bushfire Restricted and Prohibited burning times to coincide with the rest of the south west region. BFAC delegates to discuss the above at their next brigade meeting and bring considerations to the next meeting.
Burning Periods of Irrigated Land
Discussion was held concerning the Restricted and Prohibited burning times for irrigated and non-irrigated land throughout the Shire of Harvey. Having the same dates for burning periods for all land within the Shire will reduce the confusion and provide greater consistency.
BFAC delegates to discuss the above at their next brigade meeting and bring considerations to the next meeting.
11. Next Meeting
The next meeting of the Bush Fire Advisory Committee will be held on Monday, 15 February 2021 at the Harvey Hills/SES Complex, Harper Street, Harvey, commencing at 7.30pm.
12. Matters Behind Closed Doors
Nil.
13. Closure
The Presiding Member closed the meeting at 9.03pm
Page 5 Attachment 1 Attachment 2 Department of Fire and Emergency Services Report for the Shire of Harvey BFAC Monday 16 November 2020 ______
HIGH THREAT PERIOD DFES are in the final stages of preparation for the High Threat Period (HTP). This normally starts on the first Thursday of December. The HTP will see the State Duty Roster include the Level Three Pre-Formed Teams (L3 PFT). This is a multi-agency Level Three IMT and support. The SW Region will also implement their HTP Roster which incorporates the Regional Duty Coordinator (RDC), On Call Operations Officer and an Administration Support on call 24/7. Additional teams (particularly for Level 2 incidents) are stood up On Call based on the risk at that time (usually weather based). Several Pre-Season forums and workshops have already commenced with others planned for the near future. DFES SW and Lower South West regions have a planned multi-agency forum scheduled for Thursday 3rd December. This will include DBCA and WA Police Force.
HIGH FIRE SEASON FLEET APPLIANCES DFES SW region are awaiting on the arrival of seven Light Tankers and four 2.4/3.4 Tankers. The arrival of these appliances is dependent upon the end of the state’s Northern fire season. Some of the High Season fleet has already been deployed in the SW Region.
STATE AERIAL FIREFIGHTING FLEET The following information outlines the State aerial firefighting aircraft types and bases for their service period for the 2020-2021 southern bush fire season. Jandakot Airport: 1 November 2020, available daily 0900-1800hrs 2 x 2 HELITAKS 1 x Air Attack Supervision (AAS) 1 x 2 FIREBIRD helicopter (utility, all-hazards response) 1 x FIREBIRD helicopter (Air Intel) 1 x Linescanner 1 December 2020, available daily 0900-1800hrs 2 x HELITAKs Commencement date To Be Advised (DBCA), available daily 0600-1800hrs 2 x Fixed wing water bombers 1 x Light fixed wing (AAS) 1 x Helicopter (AAS) Attachment 2 Serpentine Airfield: 20December 2020, available daily 0900-1800hrs 1 x Aircrane High Volume HELITAK Bunbury Airport: Commencement date To Be Advised (DBCA), available daily 0600-1800hrs 2 x Fixed wing water bombers 1 x Light fixed wing (AAS) 1 x Helicopter (AAS) Busselton Airport: 15 December 2020, available daily 0900-1800hrs 2 x 2 HELITAKS
SEASONAL OUTLOOK The BOM have released their seasonal outlook for November to January. Access to this forecast is available via this link - http://www.bom.gov.au/climate/outlooks/#/overview/video • Increased chance of cooler than average day time temperatures with an increased chance of warmer nigh time temperatures. • Increased chance of above average rainfall. • Increased risk of flooding in the South West of the state if we receive a major wet weather event. • Over the years during a similar outlook we have had many large fires in the W.A.
OTHER ITEMS • Various information on how COVID may affect operational activities this fire season.
• Current Superintendent Peter Norman will be departing the region for a position with DFES in Cockburn HQ
• The new incoming Superintendent will be Andy Wright who has been working for some time in the South West Region.
Brett Finlay District Officer Wellington 97801904 0427 011 386
Attachment 3 Harvey Shire BFAC Meeting, 16th November 2020 Parks and Wildlife, Wellington District Report
1. Prescribed Burning Spring 2020
Wellington District 8 Burns Commenced/ Continued/ Completed and 8,694 hectares.
The Spring prescribed burn program has been underway since mid-September. Multiple burns with medium to high levels of complexity and implementation requirements.
Five (5) burns in Harvey Shire commenced/ continued/ completed, totalling 5,252 hectares: - WTN_027 Hadfield (continued) – 103 ha - WTN_083 Lyons (completed) – 252 ha - WTN_097 Denham (commenced) 63 ha - WTN_098 Alcoa heaps (continuing) – 57 ha - WTN 104 Cornwall (commenced) 4,776 ha
- WTN_092 Arcadia (16yo Shire of Dardanup) - WNP adjacent to the dam wall, Wights Rd/Falcon Road/Arcadia Road.
Within the Harvey Shire, our post-rain focus will be WTN_027 Hadfield. Elsewhere in the District we are also monitoring WTN_084 Dongara Ridge (adjacent Wellington Pine Plantation), WTN_085 Wellington National Park (Hamilton Peninsular) and WTN_039 Hamilton
Autumn burn planning will soon be underway.
2. Bushfires
Seven (7) bushfires recorded for the District since the start of the season, one (1) within the Shire of Harvey and the remainder all in Shire of Collie..
3.Aerial Suppression
The Wellington District spotter plane has commenced flights. Aerial suppression aircraft will be based as per previous years, with 1 AAS and 2 FW Water Bombers in Bunbury and 2 x RW Helitacs in Busselton.
Aerial Suppression Aircraft (Western Australia) - 2020/21 Bushfire Season Availability Schedule (as @ 20201113)
1-Nov-20 1-Dec-20 15-Dec-20 20-Dec-20 Jandakot 1 x AS355 Air Attack Platform (H)1 x AS355 Air Attack Platform (H) 1 x AS355 Air Attack Platform (H) 1 x AS355 Air Attack Platform (H) 2 x 214B Helitacks (H) (2,650L) 4 x 214B Helitacks (H) (2,650L) 4 x 214B Helitacks (H) (2,650L) 4 x 214B Helitacks (H) (2,650L) 1 x Air Intelligence Platform (H) 2 x Air Tractor 802 (FW) (3,150L)* 2 x Air Tractor 802 (FW) (3,150L)* 2 x Air Tractor 802 (FW) (3,150L)* 1 x Line Scanner (FW) 1 x Air Intelligence Platform (H) 1 x Air Intelligence Platform (H) 1 x Air Intelligence Platform (H) 1 x Line Scanner (FW) 1 x Line Scanner (FW) 1 x Line Scanner (FW)
Bunbury 2 x Air Tractor 802 (FW) (3,150L)* 2 x Air Tractor 802 (FW) (3,150L)* 2 x Air Tractor 802 (FW) (3,150L)* 1 x Scout Air Attack Platform (FW) 1 x Scout Air Attack Platform (FW) 1 x Scout Air Attack Platform (FW)
Busse lton 2 x 214B Helitacks (H) (2,650L) 2 x 214B Helitacks (H) (2,650L)
Manjimup 2 x Air Tractor 802 (FW) (3,150L)* 2 x Air Tractor 802 (FW) (3,150L)* 1 x Scout Air Attack Platform (FW) 1 x Scout Air Attack Platform (FW)
Albany 2 x Air Tractor 802 (FW) (3,150L)* 2 x Air Tractor 802 (FW) (3,150L)* 1 x Scout Air Attack Platform (FW) 1 x Scout Air Attack Platform (FW)
Serpentine 1 x Aircrane (H) (7,000L)
(H): Helicopter (Rotary Wing) (FW): Fixed Wing * Airtractor 802 Fixed Wings dates are to be reviewed and subject to change as required. N.b. Aircraft may be put on earlier (permanently or temporarily) and differently based for any early season weather/ incident requirements. N.b. DFES will staff both the Air Attack Supervisor and Air Desk Officer role until FW aerial firefighting aircraft are put on line later in Nov or early Dec (then becomes DFES /DBCA Joint Operation). Attachment 3
4. District Staff Changes/ Contacts
District Fire Coordinator: Jessica Newman (Collie) Fire Operations Officer: Darren Harvey (Harvey) Fire Operations Officer: Emma Atkinson (Collie) Assistant Fire Operations Officer Reuben Jacobs (Collie) Assistant Fire Operations Officer :TBC (Harvey)
End of Report.
Darren Harvey | Fire Operations Officer Parks and Wildlife Service | Wellington District Department of Biodiversity, Conservation and Attractions PO Box 809 | Collie WA 6225 T: 08 9735 1988 | F: 08 9734 4539| M: 0428 552 793 E: [email protected] W: www.dbca.wa.gov.au 115°40' 116° 116°20' 116°40' Attachment 3 380000 400000 420000 440000 460000 Wellington District Burn Overview & 6360000 6360000 Achievements to 10/11/2020 TREASURE SAMSON WAGERUP 2020/21 Whole DIstrict YARLOOP Legend
DRIVER WTN_098 × DBCA Offices LYONS WATEROUS PASCOE Town Sites WTN_083 COOKERNUP
-33° Main Roads
-33° HOFFMAN BELL South West Major Hydrography TUMLO CLARKE CORNWALL Local Govt. Authorities WTN_104 OUINDANNING DBCA Districts WTN_049 CHALK MORGAN Water Mark BEDNALL KENT Subtidal WTN_019 HARVEY
6340000 × 6340000 WTN_082 WTN Burn Achievements 2020/21 GUTHRIE MYALUP WOKALUP Wellington 2020/21 Burn Program ROSS Forest Blocks SURFACE Unallocated Crown Land STENE WTN_087 NALYERIN HADFIELD STOCKYARD Interest Tenure BINNINGUP DENHAM DBCA Estate BENGER WTN_100 EDWARD ERNEST YOURDAMUNG WTN_110 BURNID LOCATION Area (ha) Achievements (ha) WTN_027 WTN_059 WTN_112 WTN_006 GERVASSE 040 376 376
TREES WTN_019 MCLARTY 801 / MYALUP 802 104 WTN_027 Hadfield - Mornington Tower 939 103 WTN_039 WTN_039 Hamilton 027 1107 DARRELL AUSTRALIND BRUNSWICK JUNCTION GODFREY WTN_049 Clarke 208 813 HAMILTON PALMER
6320000 6320000 WTN_059 Hadfield 96 ARKLOW HILLMAN WTN_064 Goonac 2493 R0ELANDS WTN_069 Wellington Discovery Forest 558 WTN_108 WORSLEY WTN_074 Western 1005 EATON BUREKUP LEACH WTN_111 WTN_082 Wellington North East 29590 BATALLING WTN_083 Lyons 252 252 DARKAN WTN_085 ALLANSON
BUNBURY -33°20' WTN_084 Dongara Ridge 141
-33°20' COLLIE BOOLADING GERVASSE WTN_085 Wellington National Park 1492 PROPRIETARY × WESTRALIA × WTN_087 Denham 1946 63 FLEAYS NUNDEDINE WTN_092 Arcadia 914 826 WTN_114 LENNARD WTN_006 WTN_093 King Jarrah 92 WTN_109 MUNGALUP DARDANUP COLLIE - BURN MUJA WTN_094 Mungalup 2397 2240 MUNGALUP BOWELLING BOWELLING WTN_097 Wild horse Swamp 305 WTN 092 WTN_101 WTN_094 COLLIE - CARDIFF SHOTTS WTN_098 ALCOA Heaps 569 57 WTN_103 DAVIS WTN_099 WTN_105 BRISTOL WTN_106 WTN_099 Wellington Discovery Forest Plots 11 DARDANUP WTN_069 WTN_092 WESTERN WTN_100 Hadfield - Myles Ave 762 6300000 6300000
ARCADIA WTN_101 Mungalup- McClusky Rd 898 WTN_074 WTN_102 BENNELAKING WTN_102 Bennelaking 4331 WTN_084 BOYANUP YABBERUP WTN_093 CENTAUR WTN_103 Dardanup North 432 BOYANUP CORDERING WTN_104 Cornwall 9353 4776 WTN_113 SHERWOOD LOWDEN WTN_105 Cardiff 1240 DONNYBROOK WTN_106 Bowelling 2473 ROSENEATH WTN_107 FPC PLANTATION DEBRIS 2020 297 PRESTON WTN_108 TWIN RIVERS 30 MUJA WTN_109 SHEARWATER 22 WTN_064 WTN_110 Stockyard 3109 WTN_111 Leach 1120 NOGGERUP WTN_112 Darrell 4686 WTN_113 Arcadia - Valkyrie Rd 2135 WTN_114 Bristol - Phoenix Rd 606 Total 35 76693 8694 6280000 6280000
1:350,000 -33°40' WTN_097 -33°40' 0 2.5 5 10 15 20
380000 400000 420000 440000 460000 115°40' 116° 116°20' 116°40' Kilometres Graticule shown at 20 minutes intervals Roads and tracks on land managed by DBCA may contain unmarked hazards and their surface condition is variable. Exercise caution and drive to conditions on all roads. º Grid shown at 20000 metre intervals The Dept. of Biodiversity, Conservation and Attractions does not guarantee that this map is without flaw of any kind and disclaims all liability for any errors, loss or other consequence which may arise from relying on any information depicted. 115°40' 116° Attachment 3 380000 400000 420000 Wellington District Burn Overview &
TREASURE Achievements to 10/11/2020 SAMSON 2020/21 (Harvey) WAGERUP
YARLOOP Legend
DRIVER × DBCA Offices WTN_098 Town Sites LYONS WATEROUS Main Roads WTN_083 South West Major Hydrography COOKERNUP
-33° Shire of Harvey -33° HOFFMAN Local Govt. Authorities PASCOE DBCA Districts TUMLO Forest Blocks CLARKE CORNWALL Water Mark WTN_104 Subtidal WTN_049 WTN Burn Achievements 2020/21 CHALK Wellington 2020/21 Burn Program KENT Unallocated Crown Land WTN_019 6340000 HARVEY× 6340000 Interest Tenure DBCA Estate GUTHRIE WTN_082 MYALUP BURNID LOCATION Area (ha) Achievements (ha) WOKALUP ROSS WTN_006 GERVASSE 040 376 376 WTN_019 MCLARTY 801 / MYALUP 802 104 WTN_027 Hadfield - Mornington Tower 939 103 SURFACE WTN_039 Hamilton 027 1107 WTN_049 Clarke 208 813 WTN_087 WTN_059 Hadfield 96 DENHAM WTN_064 Goonac 2493 BINNINGUP HADFIELD WTN_069 Wellington Discovery Forest 558 WTN_074 Western 1005 WTN_100 BENGER WTN_082 Wellington North East 29590 WTN_083 Lyons 252 252 EDWARD ERNEST WTN_084 Dongara Ridge 141 YOURDAMUNG WTN_085 Wellington National Park 1492 WTN_027 WTN_087 Denham 1946 63 WTN_059 WTN_112 WTN_092 Arcadia 914 826 WTN_093 King Jarrah 92 WTN_094 Mungalup 2397 2240 WTN_097 Wild horse Swamp 305 WTN_098 ALCOA Heaps 569 57 WTN_039 DARRELL WTN_099 Wellington Discovery Forest Plots 11 AUSTRALIND BRUNSWICK JUNCTION WTN_100 Hadfield - Myles Ave 762 HAMILTON WTN_101 Mungalup- McClusky Rd 898 6320000 PALMER 6320000 WTN_102 Bennelaking 4331
ARKLOW WTN_103 Dardanup North 432 WTN_108 WTN_104 Cornwall 9353 4776 WTN_105 Cardiff 1240 R0ELANDS WORSLEY WTN_106 Bowelling 2473 WTN_107 FPC PLANTATION DEBRIS 2020 297 EATON BUREKUP WTN_108 TWIN RIVERS 30 WTN_109 SHEARWATER 22 WTN_110 Stockyard 3109 WTN_111 Leach 1120 ALLANSON WTN_085 -33°20' WTN_112 Darrell 4686 BUNBURY -33°20' WTN_113 Arcadia - Valkyrie Rd 2135 COLLIE GERVASSE WTN_114 Bristol - Phoenix Rd 606 × Total 10/35 14864/76693 5252/8694 × WESTRALIA
PROPRIETARY SHOTTS
WTN_109 LENNARD WTN_114 WTN_006 MUNGALUP
MUNGALUP 1:210,000 DARDANUP BRISTOL DAVIS COLLIE - BURN WESTERN 0 2.5 5 10 380000 400000 420000 115°40' 116° Graticule shown at 20 minutes intervals Roads and tracks on land managed by DBCA may contain unmarked hazards and their surface condition is variable. Exercise caution and drive to conditions on all roads. Grid shown at 20000 metre intervals Kilometres The Dept. of Biodiversity, Conservation and Attractions does not guarantee that this map is without flaw of any kind and º disclaims all liability for any errors, loss or other consequence which may arise from relying on any information depicted.
Ordinary Council Meeting Minutes
Australind Council Chamber Tuesday, 24 November 2020 4pm
Ordinary Council Minutes 24 November 2020
Contents
1. Official Opening
2. Record of Apologies and Leave of Absence
3. Applications for Leave of Absence
4. Reading from a Book of Learning and Wisdom
5. Declarations of Members’ and Officers’ Personal Interest
6. Response to Previous Questions Taken on Notice
7. Public Question Time
8. Petitions/Deputations/Presentations
9. Announcements by Presiding Member or CEO Without Discussion
10. Confirmation of Minutes
11. Receipt of Minutes and Recommendations from Committees
12. Officer’s Reports
12.1 Chief Executive Officer
12.1.1 South Western Highway Tourism Drive Proposal - Shire of Harvey 10 (B000329) 12.1.2 Shire of Harvey Delegations Register - Shire of Harvey 14 (CC/U/003) 12.1.3 Recording of Council Meetings - Shire of Harvey (CC/C001) 20 12.1.4 Harvey Community Precinct Redevelopment - Shire of Harvey 23 (B000158) 12.1.5 Designated Area Migration Agreement - South West Region of 26 Local Governments - South West Region (GR/L/003)
12.2 Infrastructure Services
12.2.1 Rigg Road, Myalup - Proposed ‘No Stopping’ Parking Restrictions - 29 Shire of Harvey (R000012) 12.2.2 Proposed New Path – South Western Highway between Uduc 31 Road and Hinge Road Shire of Harvey 12.2.3 Community Open Space, Binningup – Landscaping - Shire of 34 Harvey Lots 194, 195, 198, 199, 200, 8001 and 8002, Binningup (A006245, A016443) 12.2.4 Better Bins Plus: Go FOGO Kerbside Collection Program 38 (B000303)
- Page 2 - Ordinary Council Minutes 24 November 2020
12.3 Sustainable Development
12.3.1 Extension to Existing Use Not Listed (Farm Machinery Sales and 45 Servicing) - Harvey Farm Service - Lot 77 Sixth Street, Harvey (A014172) 12.3.2 Local Development Plan – Stage 1 Edenlife Communities - 55 Edenlife Communities Pty Ltd - Lot 9001 Leisure Drive Australind (A016159) 12.3.3 Application for a “Use Not Listed” (Animal Establishment) - Scout 62 About Pet Care - Lot 67 (Unit 2/21) Sweny Drive, Australind (A008259) 12.3.4 Approval of a Shed to a Dwelling - Mrs Barbra Anne Gore - Lot 24 69 (No. 6) Mackenzie Place, Australind (A013313) 12.3.5 Proposed local road naming and re-naming for road alignments 72 affected by the Bunbury Outer Ring Road - Main Roads Western Australia - Treendale Road, Roelands and Clifton Road, Brunswick (B000295) 12.3.6 Proposed Tourism Development Strategy, and Visitor Servicing 77 and Signage Strategy - Shire of Harvey (B000348 & B000353)
12.4 Corporate Services
12.4.1 Listing of Accounts Paid – September 2020 - Shire of Harvey 82 (FMS006) 12.4.2 Financial Statements as at 30 September 2020 - Shire of Harvey 84 (CC/C/062)
12.5 Community and Lifestyle
12.5.1 Harvey Community and Sporting Facility (The Boundary) – 87 Proposed Memorandum of Understanding - Shire of Harvey - Harvey Recreation and Cultural Centre (A001861) 12.5.2 Australia Day Awards – 2021 - Various Nominees - Shire of Harvey 90 (C/A/012 & A001861)
13. Elected Members Motions of Which Previous Notice Has Been Given
14. Notice of Motion for Following Meeting
15. Questions by Members of Which Due Notice Has Been Given
16. Reports of Members
17. Seal Register
18. New Business of an Urgent Nature Introduced by Decision of Meeting
- Page 3 - Ordinary Council Minutes 24 November 2020
19. Matters Behind Closed Doors
19.1 Application for Exemption to keep more than the Prescribed 94 Number of Dogs (A000475) Matters Behind Closed Doors Under Section 5.23(2)(b) of the Local Government Act 1995. Reason: the personal affairs of any person
19.2 Application for Exemption to keep more than the Prescribed 96 Number of Dogs (A004137) Matters Behind Closed Doors Under Section 5.23(2)(b) of the Local Government Act 1995. Reason: the personal affairs of any person
20. Closure of Meeting
- Page 4 - Ordinary Council Minutes 24 November 2020
Shire of Harvey Council Minutes
Minutes of the Ordinary Council Meeting of the Harvey Shire Council, held in the Council Chamber, Mulgara Street, Australind, on Tuesday, 24 November 2020, commencing at 4pm.
Attendance
Shire President Cr. P. Gillett Cr. B. Adams Cr. P. Beech Cr. M. Boylan Cr. J. Bromham Cr. F. Burgoyne Cr. M. Campbell Cr. C. Carbone Cr. R. Coleman Cr. W. Dickinson Cr. T. Jackson Departed: 4.26pm Returned: 4.27pm Departed: 4.57pm Returned: 4.58pm Cr. A. Lovitt JP Cr. D. Simpson
Staff
Chief Executive Officer Ms. A. Riordan Director Corporate Services Mr. D. Winter Director Infrastructure Services Mr. R. Lotznicker Director Community and Lifestyle Ms. K. Davis Acting Director Sustainable Development Mrs. E. Edwards Manager Governance and Strategy Ms. K. Williams Acting Manager Place Ms. A. Pitts Manager Special Projects Ms. P. Pietersen Manager Waste and Safety Services Mr. H. Jones Manager Information Services Mr. A. Ewing Manager Harvey Recreation and Cultural Mr. D. Marshall Centre Marketing and Communications Officer Ms. C. Moore Agenda and Minutes Officer Ms. K. Hough
There were 6 members of the public present.
- Page 5 - Ordinary Council Minutes 24 November 2020
Minutes
1. Official Opening
The meeting was declared open at 4pm.
Disclaimer
Members of the Public are advised that recommendations to Council contained within this Agenda can be subject to alteration. Applicants and other interested parties should refrain from taking any action until such time as written advice is received confirming Council’s decision with respect to any particular issue.
Any statement or insinuation of approval regarding any planning or development application made during an Ordinary Council meeting is not to be taken as notice of approval from the Shire. The Shire advises that anyone who has an application lodged with the Shire must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attached to the decision made by Council regarding the application.
An audio and/or visual record will be made of these proceedings to assist in the taking of minutes.
Acknowledgement of Country
The Shire of Harvey acknowledges the traditional custodians of the land and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.
2. Record of Apologies and Leave of Absence
Apologies
Nil.
Leave of Absence
Nil.
3. Applications for Leave of Absence
Nil.
4. Reading from a Book of Learning and Wisdom
Read by Cr. Dickinson
- Page 6 - Ordinary Council Minutes 24 November 2020
5. Declarations of Members’ and Officers’ Personal Interest
Cr. Beech declared an Impartiality Interest in Item 12.5.1 - Harvey Community and Sporting Facility (The Boundary) – Proposed Memorandum of Understanding - Shire of Harvey - Harvey Recreation and Cultural Centre (A001861). Cr. Beech advised that he is a Council representative on the Harvey Recreation and Cultural Centre Advisory Committee and declared that he would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Beech declared an Impartiality Interest in Item 12.5.2 - Australia Day Awards – 2021 - Various Nominees - Shire of Harvey (C/A/012 & A001861). Cr. Beech advised that a number of the nominees are known to him and he is Chair of the Australia Day Awards Committee who put forward a nomination. Cr. Beech declared that he would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Campbell declared an Impartiality Interest in Item 12.5.2 - Australia Day Awards – 2021 - Various Nominees - Shire of Harvey (C/A/012 & A001861). Cr. Campbell advised that a nominee is known to her and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Coleman declared an Impartiality Interest in Item 12.3.1 - Extension to Existing Use Not Listed (Farm Machinery Sales and Servicing) - Harvey Farm Service - Lot 77 Sixth Street, Harvey (A014172). Cr. Coleman advised that this business sponsored events that she was involved with and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Coleman declared an Impartiality Interest in Item 12.5.2 - Australia Day Awards – 2021 - Various Nominees - Shire of Harvey (C/A/012 & A001861). Cr. Coleman advised that she put forward a nominee for an award and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Jackson declared a Financial Interest in Item 12.1.1 - South Western Highway Tourism Drive Proposal - Shire of Harvey (B000329). Cr. Jackson advised that she has a registered tourism business in the Shire of Harvey and declared she would leave the Chamber for the duration of the item.
Cr. Jackson declared a Financial Interest in Item 12.3.6 - Proposed Tourism Development Strategy, and Visitor Servicing and Signage Strategy - Shire of Harvey (B000348 & B000353). Cr. Jackson advised that she has a registered tourism business in the Shire of Harvey and declared she would leave the Chamber for the duration of the item.
Cr. Lovitt declared an Impartiality Interest in Item 12.5.2 - Australia Day Awards – 2021 - Various Nominees - Shire of Harvey (C/A/012 & A001861). Cr. Lovitt advised that she was listed as a referee for one of the nominees and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Dickinson declared an Impartiality Interest in Item 12.1.1 - South Western Highway Tourism Drive Proposal - Shire of Harvey (B000329). Cr. Dickinson advised that she is a Council representative on the Harvey Visitor Centre Board of Management and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.
- Page 7 - Ordinary Council Minutes 24 November 2020
Cr. Dickinson declared an Impartiality Interest in Item 12.3.6 - Proposed Tourism Development Strategy, and Visitor Servicing and Signage Strategy - Shire of Harvey (B000348 & B000353). Cr. Dickinson advised that she is a Council representative on the Harvey Visitor Centre Board of Management and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Dickinson declared an Impartiality Interest in Item 12.5.2 - Australia Day Awards – 2021 - Various Nominees - Shire of Harvey (C/A/012 & A001861). Cr. Dickinson advised that a number of nominees are known to her. Cr. Dickinson declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Burgoyne declared an Impartiality Interest in Item 12.5.2 - Australia Day Awards – 2021 - Various Nominees - Shire of Harvey (C/A/012 & A001861). Cr. Burgoyne advised that a number of nominees are known to him. Cr. Burgoyne declared that he would deal with the matter on its merits and stay in the Chamber for the duration of the item.
Cr. Gillett declared an Impartiality Interest in Item 12.5.1 - Harvey Community and Sporting Facility (The Boundary) – Proposed Memorandum of Understanding - Shire of Harvey - Harvey Recreation and Cultural Centre (A001861). Cr. Gillett advised that he is a Council representative on the Harvey Recreation and Cultural Centre and declared that he would deal with the matter on its merits and stay in the Chamber for the duration of the item.
6. Response to Previous Questions Taken on Notice
Nil.
7. Public Question Time
Ms. Amy Roberts put forward the following question.
Question 1: There is a property within the Shire that has restricted access to the road verge at a local bus shelter by installing uncapped steel pickets. It is mandatory for primary school aged children to be taken to and from the bus shelter by an adult, however this is not possible due to the restrictions placed by the resident. Why hasn’t the Shire responded to the repeated correspondence on this matter or taken action on this issue?
Answer 1: The Shire is aware of this issue and will develop an action plan moving forward. Previously the Shire has requested that the pickets be removed however it is apparent that they are reinstalled. The issues concerning aggression and personal safety need to be addressed by the police.
8. Petitions/Deputations/Presentations
8.1 Petition Herbert Road speed limit
Mr. Norman presented a petition to the Chief Executive Officer, as tabled, requesting the Shire consider implementing additional traffic management along Herbert Road to reduce excessive speeding.
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In line with the Shire of Harvey Local Law Standing Orders 2017 section 6.10(2) the Chief Executive Officer will provide a report to Council addressing the petition.
8.2 Deputation
Mr. Ieraci addressed Council regarding item 12.3.1 - Extension to Existing Use Not Listed (Farm Machinery Sales and Servicing) - Harvey Farm Service - Lot 77 Sixth Street, Harvey (A014172).
8.3 Deputation
Cr. Lovitt addressed Council recognising the 100th Anniversary of the first woman elected into Local Government in Western Australia. Elizabeth Clapham was elected Councillor to the Town of Cottesloe.
9. Announcements by Presiding Member or CEO Without Discussion
The Presiding Member noted the official opening of the Binningup Bush Fire Brigade and Australind SES Headquarters building. Special thanks was put forward to all of the volunteers, especially throughout this year, and to Shire Officers who assisted with this opening of these facilities.
10. Confirmation of Minutes
Ordinary Council Meeting – Tuesday, 27 October 2020
Recommendation
That the Minutes of the Council Meeting held on Tuesday, 27 October 2020 as printed be confirmed as a true and correct record.
Moved: Cr. Adams Seconded: Cr. Dickinson
That the Minutes of the Council Meeting held on Tuesday, 27 October 2020 as printed be confirmed as a true and correct record. Carried 13-0 20/250.
11. Receipt of Minutes and Recommendations from Committees
Nil.
- Page 9 - Ordinary Council Minutes 24 November 2020
Cr. Jackson left the Chamber at 4.26pm.
12. Officer’s Reports
Chief Executive Officer
Item No. 12.1.1 Subject: South Western Highway Tourism Drive Proposal Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Chief Executive Officer Authorising Officer: Chief Executive Officer File No.: B000329
Summary
At the Ordinary Council Meeting on 25 February 2020, Council supported a proposal to undertake a feasibility study on a South Western Highway Tourism Drive to encourage increased tourist visitations to the towns and communities along the South Western Highway and committed $10,000 from the 2019-2020 Budget towards the project.
The project was a collaboration between the Shires of Serpentine-Jarrahdale, Murray, Waroona and Harvey, and was supported by the Peel Development Commission. Savagely Creative was appointed to prepare a feasibility study on the proposal, which was completed in August 2020.
The Feasibility Study Report and the Feasibility Study to Determine the prospects for, and Implications of reviving the Harvest Highway concept, along the South West Highway (State Route 20) linking the Shires of Serpentine-Jarrahdale, Murray, Waroona and Harvey (refer Attachment 1) is presented to Council and it is recommended that Council supports the recommendation to defer any action to progress a South Western Highway Tourism Drive at this time, and to revisit the proposal in two years.
Background
In 2001 the Bunbury Wellington Economic Alliance initiated a project called the "Harvest Highway" to market the South Western Highway using the produce, tourist attractions, unique communities and rural lifestyle as its focus.
The purpose of the project was to identify ways which the long distance route could be used to raise awareness of the region and encourage visitors to travel using the South Western Highway instead of the Forrest Highway. The overarching aim was to encourage greater visitation, increased length of stay, visitor spend and economic activity.
The original geographical area of the Harvest Highway concept was from Byford in the North to Manjimup in the South and encompassed communities both on the Highway (Byford, Mundijong, Pinjarra, Waroona, Harvey, Dardanup, Donnybrook, Balingup, Greenbushes, Bridgetown and Manjimup) as well as communities close to the Highway such as Jarrahdale, Collie, Boyup Brook, Dwellingup and Nannup. This original area encompassed 12 local governments (Serpentine-Jarrahdale, Murray, Waroona, Harvey, Collie, Dardanup, Capel, Donnybrook/Balingup, Bridgetown/Greenbushes, Boyup Brook, Nannup and Manjimup) and approximately 22 communities of varying sizes.
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The project was funded in its first year of operation (and subsequently for a second year), by the Australian Department of Transport and Regional Services, and run and managed by the Bunbury Wellington Economic Alliance, the Warren Blackwood Economic Alliance and the WA Department of Training.
The Harvest Highway initiative developed membership amongst tourism, food and other enterprise, marketed the Harvest Highway, undertook training for business, and ran and marketed a schedule of major events and activities. The initiative developed a dedicated website and produced a monthly printed newsletter.
When funding ceased at the end of 2005 the initiative was scaled back, but the concept has recently been revived in the Warren Blackwood Alliance area, encompassing the communities of Donnybrook, Balingup, Greenbushes, Bridgetown, Manjimup and Nannup.
The Vision and Mission of the original Harvest Highway were:
Vision Local Communities working together to develop and market the South West Highway as an alternative inland visitor route, showcasing local produce.
Mission The Harvest Highway Project will be the catalyst for the development of an alternative visitor route through the inland areas of the Peel and South West regions. Creating opportunities in the business, marketing and training arenas, the project will facilitate local communities in their endeavours to develop visitor experiences and increase employment in a collaborative environment.
In late 2019, the Shire of Serpentine-Jarrahdale, Murray, Waroona and Harvey were supportive of undertaking a feasibility study to investigate the potential for reviving a similar initiative to the Harvest Highway Project and Council support from the respective Shires was obtained.
At the Ordinary Council Meeting of 25 February 2020, Council resolved as follows:
That Council: 1. Supports the proposal to undertake a feasibility study on the South Western Highway Tourism Drive campaign in order to raise awareness and encourage increased tourist visitations to the towns and communities along the South Western Highway; and 2. Approves a contribution of $10,000 from the Shire’s Consultancy Budget allocation towards the feasibility study subject to confirmation of matching financial contributions from the Shire’s of Serpentine-Jarrahdale, Murray and Waroona, and the State Government.
Funding for the project was committed as follows:
$10,000 Shire of Serpentine-Jarrahdale $10,000 Shire of Murray $10,000 Shire of Waroona $10,000 Shire of Harvey $10,000 Peel Development Commission $50,000 Total
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A Request for Quotation was coordinated by the Shire of Murray, with Savagely Creative engaged to develop the Feasibility Study. The Feasibility Study was completed in August 2020 at Attachment 1.
Comment
A Working Group was formed which included Officers from the Shires of Murray, Serpentine- Jarrahdale, Waroona and Harvey. The group engaged the external consultant to undertake the initial feasibility study to assess the viability of the proposal.
The proposed Feasibility Study determined the implications and prospects for reviving the Harvest Highway/tourist drive concept along the South Western Highway (State Route 20) linking the Shires of Serpentine-Jarrahdale, Murray, Waroona and Harvey.
While the Harvest Highway concept had considerable merit, it was determined that the project was ahead of its time in the promotion of food and agri-tourism. There was a lack of agreement among stakeholders with regard to the level of input and promotion required for the region, with challenges in the scale and size of the tourism industry which currently exists. The project requires a significant contribution of business and industry support to be feasible, and with a lack of tourism activity and businesses still in a start-up phase, funding to contribute to the project would be minimal. This would see the resourcing fall in the short term to the participating local governments, which is unable to be funded at this time.
In summary upon receiving the feasibility study and the implications of reviving the Harvest Highway concept along the South West Highway (State Route 20), it is recommended for deferral for a period of two years, resuming in 2022. The project has considerable merit and although not feasible at this current time, it is recommended to consider in the interim, cooperative marketing activities to promote the region, and integrate the project into the Shire’s planning activities to commence further work in two years.
Statutory/Policy Environment
N/A.
Strategic Framework
Within the Shire of Harvey’s Strategic Community Plan 2017 – 2027, Strategy 1.2.9 states:
Continue to collaborate with our partners to promote regional tourism initiatives.
Action 3.23 of the Shire’s draft Economic Development Strategy states:
Support tourism along the South Western Highway in conjunction with Tourism WA and other Local Governments.
Risk Management
The Risk Theme Profile in relation to this item is Providing Inaccurate Advice/Information. The Consequence could be Reputational if Council wish to support the Harvest Highway project. The Officer’s recommendation to defer the project purports a lower reputational risk to the Shire than if the project should continue. Therefore, the Risk Consequence is considered to be Minor and the Likelihood Unlikely resulting in a Low level of risk.
- Page 12 - Ordinary Council Minutes 24 November 2020
Budget Implications
The Shire allocated $10,000 from the Shire’s 2019-2020 Budget as a contribution towards the feasibility study. The feasibility study contract was invoiced for considerably less giving an equitable return of funds to participating Shires and the Peel Development Commission. The Shire of Harvey will receive a returned contribution of $4,150.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council:
1. Notes the report “Feasibility Study to determine the prospects for, and implications of, reviving the Harvest Highway concept, along the South West Highway (State Route 20) linking the Shire of Serpentine-Jarrahdale, Murray, Waroona and Harvey: August 2020” at Attachment 1;
2. Notes that the project will be deferred due to the high expenditure requirements to initiate the project, with surplus funds to be reimbursed by the Shire of Murray to all participating contributors; and
3. Notes the intent of the participating local governments and the Peel Development Commission to revisit the proposal in two years.
Moved: Cr. Bromham Seconded: Cr. Burgoyne
That Council: 1. Notes the report “Feasibility Study to determine the prospects for, and implications of, reviving the Harvest Highway concept, along the South West Highway (State Route 20) linking the Shire of Serpentine-Jarrahdale, Murray, Waroona and Harvey: August 2020” at Attachment 1; 2. Notes that the project will be deferred due to the high expenditure requirements to initiate the project, with surplus funds to be reimbursed by the Shire of Murray to all participating contributors; and 3. Notes the intent of the participating local governments and the Peel Development Commission to revisit the proposal in two years. Carried 12-0 20/251.
Cr. Jackson entered the Chamber at 4.27pm.
- Page 13 - Ordinary Council Minutes 24 November 2020
Chief Executive Officer
Item No. 12.1.2 Subject: Shire of Harvey Delegations Register Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Governance Officer - Compliance, Manager Governance and Strategy Authorising Officer: Chief Executive Officer File No.: CC/U/003
Summary
To present to Council for adoption, the Council Delegations Register (refer Attachment 1) providing direction for the administration to perform the required functions of the Shire.
Background
A delegation is the process prescribed in legislation for assigning authority to exercise an express power or duty from the delegate to another person (named by position title or office) or an entity (the delegate). The aim of delegated authority is to assist with improving the time taken to make decisions within the constraints allowed by the relevant legislation.
A decision to delegate a power or duty must be made by a local government after thorough consideration on how the delegation will facilitate the effective operation of the local government. This consideration allows Councils to develop delegations specific to the needs and circumstances of each local government.
In line with the Local Government Act 1995 a local government Council is required to provide good governance to the people in the district and be predominantly concerned with higher level policy matters for their local governments. Duties and powers which are operational in nature, but exercise a discretion, should be delegated to the Chief Executive Officer (CEO). Powers and duties can be delegated to CEOs with comprehensive conditions attached, this limits the exercise of powers or discharge of duties to circumstances prescribed by the Council. For example, a permit application which does not satisfy the conditions attached to a delegation, must be referred to the Council for determination.
Section 59 of the Interpretation Act 1984 prescribes the framework for how delegated authority must be structured in Western Australian law. In summary:
1. The written law (head of power) must include an express power to delegate, which specifically enables a person (the delegator) to make a delegation; 2. In that same written law, there must be an express power or duty conferred or imposed on the delegator and it must be capable of being delegated. This means that: a. The power or duty proposed for delegation must be written in the same law as the express power to delegate; and b. That written law must not prohibit the power or duty from being delegated or contain limitations or conditions, which the proposed delegation exceeds; 3. The power to delegate cannot be delegated; 4. Delegations must be in writing (the instrument of delegation); and 5. Delegations must be advised to the delegate in writing.
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The delegation of a power shall be deemed to include the delegation of any duty incidental thereto or connected therewith and the delegation of a duty shall be deemed to include the delegation of any power incidental thereto or connected therewith.
Delegation by office or by name in accordance with Section 53 of the Interpretation Act 1984 provides that a delegation can be to the holder of an office (whether acting or permanent) or by naming an individual: Where a written law confers a power or imposes a duty upon a person to appoint or designate a person to —
(a) perform any function; or (b) be a member of any board, tribunal, commission, committee, council, or other similar body, whether corporate or unincorporated; or (c) be or do any other thing, that person may make the appointment or designation either by appointing or designating a person by name or by appointing or designating the holder of an office by the term designating his office; and any such appointment or designation of the holder of an office shall be construed as the appointment or designation of the person from time to time holding, acting in, or lawfully performing the functions of the office.
Delegations made by the Shire of Harvey are to the holder of an office. A register of delegations is to be kept and reviewed at least once every financial year.
In the course of reviewing the Shire of Harvey Delegations during the year, the Administration noted a number of errors, or missing delegations which negatively affected the Administrations operations, and these delegations were reported quickly to Council to allow the Administration to fulfil their statutory and operational functions. While several immediate reports were considered and endorsed by Council, a comprehensive review of the Shire’s delegation register was not undertaken, rather the review focused on the high-risk delegations foremost.
Comment
The Administration has reviewed the entire suite of delegations, using the WALGA Delegations Template, Local Government Operational Guidelines Number 17 Delegations, as well as the comprehensive review of informing and subsidiary legislation against the existing delegations.
While this review was extensive and it is recommended that delegations are reviewed at least once per year, it should be acknowledged by Council that local governments are rarely static organisations, with the review of delegations sometimes required outside of the scheduled review period.
The Administration, in reviewing the adoption and delivery of delegations and sub delegations purchased software, Attain, to help aid in the administration of the Shire’s compliance functions, assisting to resource intensive processes for greater compliance and efficiency. Attain allows the Shire to manage our compliance calendar, delegations of authority, gift and travel declarations, primary and annual returns and related party disclosures. A consequence to shifting to this program is a change in format for the Delegations which now forms a register, rather than the more individual delegation format which was used previously. There is no formal requirement for the CEO to provide the delegations in any particular document type, only that it meets the requirements of Section 59 of the Interpretation Act 1984 and the Local Government Act 1995.
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The review has considered the addition and revocation of several delegations. These changes are recommended to assist the Shire in performing its functions and improve compliance. Currently a number of delegations are written under legislation that does not provide an instrument for the action to be performed, therefore the function should be facilitated through the concept of acting through or a Council policy. The decision to add, revoke or amend a delegation was informed by a review of existing delegations from the WALGA Governance Team, as well as a thorough review with relevant Shire Officers.
Of significance for Council’s consideration is the inclusion of delegation 1.1.1 Appointment of Authorised Persons. This gives delegation to the Chief Executive Officer to appoint Authorised Persons to fulfil prescribed functions in the Local Government Act 1995 and Subsidiary Legislation, Local Laws as well as the appointment of Authorised Persons under the Building Regulations 2012, Criminal Procedure Act 2004 and Graffiti Act 2016. This allows the Shire to appoint Authorised Persons under the heads of power listed in that delegation. Other inclusions as listed in the register are:
- 1.1.1 - Appointment of Authorised Persons - 6.1.1 - Determine Compensation - 6.1.3 - Food Business Registrations - 6.1.4 - Appointment of Approved Officers and Authorised Officers - 6.1.5 - Debt Recovery and Prosecutions - 6.1.6 - Abattoir Inspection and Fees - 6.1.7 - Food Business List – public access - 7.1.1 - Give Notice Requiring Obliteration of Graffiti - 8.1.1 - Appoint Authorised Officer or Approved Officer - 8.1.2 - Enforcement Agency Reports to the CEO - 8.1.4 - Determine Compensation for Seized Items - 9.1.8 - Local Development Plans
Several Delegations have been revoked from the register, as there was no instrument of delegation or the delegation was better performed through the concept of acting through or policy decisions. Revoked delegations include:
- 2.1.10 - Contractors, Plant and Equipment - 2.2.5 - Contract Variations - 4.1.1 - Subdivision clearances - 4.1.6 - Reserve Management Order - 4.1.7 - Subdivision / Amalgamation Applications - 4.1.10 - S40 Certificates - 4.1.11 - Vegetation clearing referrals - 4.1.15 - Road names - 4.1.21 - Statutory authority referrals - 4.1.22 - JDAP recommendations - 4.1.25 - Extractive Industries – re approval - 4.1.26 - Advertising Signs - 4.2.1 - Building Permits Licence Fees – waived for local organisations - 4.3.8 - Appointment of environmental health officers and authorised officers under the public health act
In two specific instances, the Reserves and Management Orders and the Building Permit Fees- Local Organisations, policies were created which better instruct the Administration in performing those functions (refer Attachment 2 and 3).
- Page 16 - Ordinary Council Minutes 24 November 2020
There were extensive minor amendments to a number of delegations, for a number of reasons. Foremost, the information as contained in the delegations did not align with the requirements of the Interpretation Act 1984. In several instances the delegation was given from the incorrect head of power, for example, delegations referenced the head of power as the Local Government Act 1995, where the head of power came from a different piece of legislation such as the Building Act 2011. In other amendments the duty expressed in the delegation did not accurately reflect the function which was required to be performed by the CEO. In these instances, the Administration has chosen to align the delegation more accurately with the WALGA Delegations template. A comprehensive review of all changes to Council Delegations has been provided for Council in Attachment 4.
Statutory/Policy Environment
Local Government Act 1995
5.42. Delegation of some powers and duties to CEO (1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under — (a) this Act other than those referred to in section 5.43; or (b) the Planning and Development Act 2005 section 214(2), (3) or (5). * Absolute majority required. (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation. [Section 5.42 amended: No. 1 of 1998 s. 13; No. 28 of 2010 s. 70.] 5.43. Limits on delegations to CEO 28 A local government cannot delegate to a CEO any of the following powers or duties — (a) any power or duty that requires a decision of an absolute majority of the council; (b) accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph; (c) appointing an auditor; (d) acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph; (e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100; (f) borrowing money on behalf of the local government; (g) hearing or determining an objection of a kind referred to in section 9.5; (ha) the power under section 9.49A(4) to authorise a person to sign documents on behalf of the local government; (h) any power or duty that requires the approval of the Minister or the Governor; (i) such other powers or duties as may be prescribed. [Section 5.43 amended: No. 49 of 2004 s. 16(3) and 47; No. 17 of 2009 s. 23; No. 16 of 2019 s. 23.] 5.44. CEO may delegate powers and duties to other employees (1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation. (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.
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(3) This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 5.42, but in the case of such a power or duty — (a) the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and (b) the exercise of that power or the discharge of that duty by the CEO’s delegate, are subject to any conditions imposed by the local government on its delegation to the CEO. (4) Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section. (5) In subsections (3) and (4) — conditions includes qualifications, limitations or exceptions. [Section 5.44 amended: No. 1 of 1998 s. 14(1).] 5.45. Other matters relevant to delegations under this Division (1) Without limiting the application of sections 58 and 59 of the Interpretation Act 1984 — (a) a delegation made under this Division has effect for the period of time specified in the delegation or where no period has been specified, indefinitely; and (b) any decision to amend or revoke a delegation by a local government under this Division is to be by an absolute majority. (2) Nothing in this Division is to be read as preventing — (a) a local government from performing any of its functions by acting through a person other than the CEO; or (b) a CEO from performing any of his or her functions by acting through another person. 5.46. Register of, and records relevant to, delegations to CEO and employees (1) The CEO is to keep a register of the delegations made under this Division to the CEO and to employees. (2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator. (3) A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.2.2 states:
Maintain, review and ensure relevance of Council’s policies and local laws
Risk Management
The Risk Theme Profile identified as part of this report is Business and Community Disruption, Failure to Fulfil Compliance Requirements and Inadequate Document and Management Practices. The Consequence could be Financial, Service Interruption, Compliance or Reputational. The risk is considered Minor and the likelihood Unlikely, given that the Delegations are based on model templates in line with legislation, and where identified, checked by qualified professionals. This results in a Low risk being present.
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Budget Implications
The cost of the software Attain was a budgeted expenditure of $7,600.
Voting Requirement
Absolute Majority.
Officer’s Recommendation
That Council:
1. Adopt the Shire of Harvey Delegations Register as at 24 November 2020 Attachment 1; and
2. Adopts Policies 4.1.17 Reserves and Management Orders Attachment 2 and 4.2.20 the Building Permit Fees- Local Organisations and Attachment 3.
Alternative Recommendation
Moved: Cr. Beech Seconded: Cr. Boylan
That Council: 1. Adopt the Shire of Harvey Delegations Register as at 24 November 2020 Attachment 1 with the following amendments: 1.1 Amend Delegation 1.1.5 Defer, Waive or Write off Debts to include the following condition (e) For the CEO to report to Council on the exercise of this delegation. 1.2 Remove Delegation 6.1.5 Debt Recovery and Prosecutions; 2. Adopts Policies 4.1.17 Reserves and Management Orders Attachment 2 and 4.2.20 the Building Permit Fees- Local Organisations Attachment 3. 3. Requests the Chief Executive Officer to conduct annual workshops on the complete delegation register prior to the annual reviews commencing in 2021 Carried 8-5 20/252.
Reason: Council believes that by overseeing the deferral, waiver or write off of debts they are fulfilling their governance duty as a Council. Additionally, by removing debt recovery delegation and increasing input into the delegation register Council are improving oversight.
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Chief Executive Officer
Item No. 12.1.3 Subject: Recording of Council Meetings Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Executive Assistant, Manager Governance and Strategy Authorising Officer: Chief Executive Officer File No.: CC/C001
Summary
To provide direction to the Administration and community on the guidelines for recording and livestreaming of Council Meetings. It is recommended that Council adopt Council Policy 1.2.5 Recording and Livestreaming of Council Meetings.
Background
This policy aims to provide direction to the Administration and community with regard to the roles and responsibilities of the recording and live streaming of Council Meetings. The recording and livestreaming of meetings aims to improve participation and access to information for the community, actively improving the accessibility to Council’s decision making processes.
The Shire of Harvey began the recording and livestreaming of public meetings in April 2020. While a formal policy decision was not taken, the Shire has administratively undertaken the recording and livestreaming of meetings as a consequence and mitigation to the effects of COVID-19 and the reduced level of public participation which was able to be facilitated during the State Government’s pandemic controls. This policy is in accordance with the amendments made to the Local Government (Administration) Regulations 1996 on 26 March 2020. This allows local governments to hold their meetings via means of live stream during the public health emergency. Outlines of the modifications to the Local Government Act 1995 and in turn to the live streaming and recording of Council Meetings is outlined in Part 2 (Council and Committee Meetings) s.14C, 14D, 14E.
In accordance with Local Government Act 1995 all Council Meetings and local government delegated committees are to be open to members of the public. The recording of Council Meetings, and the streaming of the meeting on a live platform, improves the transparency of meetings, providing increased access to people who are unable to attend in person.
All records should be kept in accordance with Part 3 (Record keeping plans for government organisations) of the State Record Act 2000. When Council livestream the proceedings of its meetings and records in audio or visual format, those recordings become part of the official records of the local government and are subject to the requirements of the State Records Act 2000 and the State Records Office (SRO), Freedom of Information legislation as administered by the Office of the Information Commissioner. The SRO’s General Disposal Authority for Local Government Records requires that all such formats used to record Council Meetings must be retained in accordance with the conditions of the State Records Act 2000, the SRO’s ‘Record Keeping Polices and Standards’, and the General Disposal Authority itself. In accordance with the General Disposal Authority, the recordings will be destroyed after one year.
- Page 20 - Ordinary Council Minutes 24 November 2020
Comment
The recording and livestreaming of Council meetings will assist the Administration in the documentation of decision making, but will not provide notes verbatim. The intention of Council Minutes is to provide a statement of events during the meeting and will not be recorded as Hansard.
Under the Local Government Act 1995 all Council Meetings and local government delegated committees are to be open to members of the public. Should the meeting involve one of the topics listed in section 5.23, the Presiding Member has the authority to close the entire meeting or part of the meeting to members of the public. The decision to close the meeting or part of the meeting to the public must be recorded in the minutes of that meeting. The closing of the meeting to the public under section 5.23 will cease the recording and live streaming of the meeting.
The community, and members participating in the meeting, viewing the meeting through livestream or viewing a recording of the meeting, should be reminded that the recording of these meetings are subject to alteration at the discretion of Council and any party that may have an interest should cease any action until written advice is obtained confirming Council’s decision with respect to that particular issue.
It is a requirement that all Council members, members of staff and the public attending are aware that the meeting will be recorded and livestreamed. This is to be done at the start of each meeting with an announcement by the Presiding Member, and all meeting rooms will have a sign clearly displayed, to inform members of the public of the recording and streaming of meetings. Cameras are generally positioned to ensure that the public gallery will not be captured. It is not guaranteed that members of the public will not be streamed or recorded. Members of the public should not enter the public meeting room if they do not wish to be recorded.
The recordings of the livestreamed meetings will be made available via the Shire of Harvey’s website within a reasonable timeframe. Should technical difficulties arise the recording of the live stream and even the live stream itself may not be available to view on the website or may incur a longer than usual upload delay. Making copies or distributing any part of a live stream or recording is prohibited and the Shire of Harvey reserves all rights in relation to its copyright.
Statutory/Policy Environment
The Local Government Act 1995 Section 5.94(n), (o) and (p) of the Act lists, among other information, the agenda and minute related documents (whether or not current, and in the form or medium that they are held by the local government) that must be made available, free of charge, for inspection by any member of the public. This list includes the confirmed minutes of council or committee meetings (and also electors’ meetings).
Local Government (Administration) r.14C. Attendance by electronic means in public health emergency or state of emergency (Act s. 5.25(1)(ba)) prescribes the attendance by electronic means in a public health emergency or state of emergency.
State Records Act 2000 prescribes the way to which records of meetings of Council must be kept.
- Page 21 - Ordinary Council Minutes 24 November 2020
The Shire of Harvey Code of Conduct for Council Members, Committee Members and Staff and Shire of Standing Orders Local Law 2017 prescribes the behaviour and ways which the meeting must be held.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.2.3 states:
Investigate ‘smart’ technologies to improve service provision.
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.4.1 states:
Provide opportunities for the community to engage with Councillors and Staff.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Compliance or Reputational. The risk is considered Minor and the likelihood Likely, given that the policy is line with legislation. This results in a Moderate risk being present.
Budget Implications
Nil.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council adopts Council Policy 1.2.5 Recording and Livestreaming of Council Meetings.
Moved: Cr. Adams Seconded: Cr. Dickinson
That Council adopts Council Policy 1.2.5 Recording and Livestreaming of Council Meetings. Carried 10-3 20/253.
- Page 22 - Ordinary Council Minutes 24 November 2020
Chief Executive Officer
Item No. 12.1.4 Subject: Harvey Community Precinct Redevelopment Proponent: Shire of Harvey Location: Harvey Reporting Officer: Manager Special Projects Authorising Officer: Chief Executive Officer File No.: B000158
Summary
A Public Expression of Interest (EOI) for the Harvey Community Precinct Redevelopment was advertised from 26 June 2020. At the close of the EOI on 21 July 2020, nine submissions were received.
A desk top review of the submissions was undertaken where each submission was analysed in detail, cross references and examples of works reviewed and references contacted for comment. Following the assessment, the evaluation panel considered that four of the nine respondents be invited to complete stage 2 of the process.
Detailed submissions from the four shortlisted respondents were received on 28 October 2020 and following a further evaluation process and presentation by the respondents to a Council Forum held on 10 November 2020, a final analysis was completed on 12 November 2020.
This report recommends that Council notes the recommendation contained in the confidential attachment (refer Confidential Attachment 1).
Background
An EOI for the Harvey Community Precinct Redevelopment was advertised where respondents were required to submit information on their suitability to prepare and deliver the Harvey Community Precinct Redevelopment.
Details are included in Confidential Attachment 1.
Comment
Of the nine submissions received, the following respondents were subsequently shortlisted to progress to stage 2 of the assessment process.
• Bollig Design Group • Christou Design Group P/L • DKJ Projects Architecture • Element Advisory P/L and Iredale Pedersen Hook Architects Australia
A Request for Tender (RFT) was issued to the four finalists and a mandatory site inspection was held on Monday 31 August 2020. Judging of the schemes was a five-part process:
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• EOI ranking 5% • Anonymous Session by Directors and Manager Special Projects 20% • Elected members Judging at presentation 30% • Directors Judging at Presentation 20% • Final analysis, including fee assessment 25%
Details of the assessment are contained in Confidential Attachment 1.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017-2027 and Corporate Business Plan 2020 - 2024, the following Strategies are relevant to the project:
• 1.2 Develop the Shire as a tourist destination based on the Shire’s distinct characteristics and natural assets and qualities. • 2.1 Heritage buildings and places are utilised, preserved and maintained. • 2.2 Town centres are welcoming, well presented and development enhances their character and value. • 3.2 A safe and healthy community with a strong sense of community pride. • 3.3 The history of the Shire and its rich and varied cultural heritage and natural environment is valued, respected, promoted and celebrated. • 3.4 Services, infrastructure and facilities continue to meet community needs, • 3.4.4 Complete the Harvey Community Precinct Study. • 4.4 A well informed, connected and engaged community that actively participates. • 4.3.7.1 Identify and improve administration facilities for the Shire’s Office in Harvey (flagship priority).
Statutory/Policy Environment
Nil.
Risk Management
The Risk Theme Profile identified as part of this report is Failure to provide an effective and relevant Masterplan, in keeping within the heritage and historical context of the Town of Harvey. The Consequence could be Environmental, Financial, or Reputational if inadequate information and briefing is provided to the consultants engaged. The risk is considered Minor due to the investigation already completed, and the extensive analysis in the selection of the design team. The likelihood is considered Unlikely, given that, firstly a briefing document will be generated by the design team in response to the information provided for the development of the Masterplan, and secondly the input by the Manager Special Projects and Directors during the early design stage. This results in a Low risk being present.
Budget Implications
An amount of $176,000 was included in the 2020-2021 Budget for the production of a Master Plan. A preliminary figure has been included in the Forward Capital Works Plan for the construction of a new Library, mixed community offices and facilities, and a new Civic Administration Development.
Further documentation and a business plan will be presented for Council approval once a Master Plan has been completed.
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Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council notes the recommendation as per the Confidential Attachment 1.
Moved: Cr. Lovitt Seconded: Cr. Beech
That Council notes the recommendation as per the Confidential Attachment 1. Carried 13-0 20/254.
- Page 25 - Ordinary Council Minutes 24 November 2020
Chief Executive Officer
Item No. 12.1.5 Subject: Designated Area Migration Agreement Proponent: South West Region of Local Governments Location: South West Region Reporting Officer: Chief Executive Officer Authorising Officer: Chief Executive Officer File No.: GR/L/003
Summary
South West local governments has been investigating the potential to establish a Designated Area Migration Agreement (DAMA) in the South West of Western Australia.
The Bunbury Geographe Chamber of Commerce and Industry (BGCCI) have commenced a feasibility study, funded by local businesses, to identify skill shortages and likely trends across the region and to establish a DAMA.
Upon establishment of a DAMA there will be the requirement to appoint a Designated Area Representative (DAR) to provide ongoing administrative support for the five-year term of the DAMA.
Council is requested to consider supporting the establishment of a DAMA and provide in- principle support to providing part funding of the DAR position.
Background
A DAMA is a formal agreement between the Australian Government and a regional, State or Territory authority. It provides access to more overseas workers than the standard skilled migration program. DAMAs operate under an agreement-based framework, providing flexibility for regions to respond to their unique economic and labour market conditions.
DAMAs are designed to provide solutions to Australian businesses where there are skills gaps and shortages that cannot be met by the Australian market by allowing ‘endorsed’ employers to sponsor a broader range of overseas workers than is available under the standard temporary and permanent visa program (refer Attachment 1).
The purpose of the industry funded feasibility study is to identify regional workforce needs in each location and overall as a region. The study will focus on the South West region’s high growth industries including agribusiness, forestry, health and social services, tourism and hospitality, construction and mining. Upon the completion of the feasibility study, the appointed consultant Perdaman Global Services, will provide recommendations as part of the implementation plan to establish the DAMA and the required administrative support.
It is understood that the private sector is not able to be the DAR and enter into a DAMA agreement directly with the Federal Government. The DAR should be a relevant local or regional government agency. The private sector is therefore seeking support from local governments to, once the study is complete, auspice and undertake the DAR position.
- Page 26 - Ordinary Council Minutes 24 November 2020
Comment
On 4 November 2019, the Shire President and the Chief Executive Officer (CEO) attended a DAMA Information Session which was coordinated by Nola Marino MP and attended by representatives from the Department of Home Affairs. Nola Marino MP outlined the problems faced by numerous businesses in the electorate of Forrest in regards to accessing labour. The representatives from the Department of Home Affairs outlined the DAMA process to assist with the individual needs of the region.
In March 2020, a discussion with Nola Marino MP and CEOs from the South West region looked to investigate the possibility of establishing a DAMA. Further investigation was placed on hold due to the Covid-19 pandemic.
The Shire of Dardanup, on behalf of the South West local governments, has had further discussions with Nola Marino MP and industry representatives to progress a DAMA, with the BGCCI coordinating the funding from industry to undertake the following work through the appointment of consultant, Perdaman Global Services:
Stage One Strategy session with all Shires to determine key objectives and Strategy session to components of the key agreement. determine DAMA Submission and final report from session. parameter and outcomes Stage Two Initial meetings with the DAMA section of the Department of Preliminary consultations Homes Affairs and appropriate Ministers and political operatives to with the Department of ensure enough political support and a strong business case to Home Affairs progress negotiations for the agreement. Stage Three Collation of documents, stakeholder consultations and lodgement Preparation of submissions of submissions to the Department of Home Affairs. This will be a for Labour Agreement detailed and significant undertaking involving multiples agencies and bodies. This will need to happen for each Shire in order for them to access the agreement. Stage Four Further negotiations to finalise the Labour Agreement with the Further lobbying, Department of Home Affairs and other relevant Stakeholders. consultations and negotiations for Labour Agreements
A report will be provided by the Shire of Dardanup on behalf of the region, to the South West WALGA Zone meeting due to be held on 27 November 2020, seeking support for the establishment of a DAMA across the South West and requests local governments in the region to support the DAMA through the funding of the DAR position.
Statutory/Policy Environment
N/A.
Strategic Framework
Within the Shire of Harvey’s Strategic Community Plan 2017 – 2027, Objective 1 states:
To be a diverse and innovative economy supporting a range of employment opportunities.
- Page 27 - Ordinary Council Minutes 24 November 2020
Risk Management
The Risk Theme Profile in relation to this item is Providing Inaccurate Advice/Information and Business and Community Disruption. The Consequence could be Reputational if Council did not wish to support a Designation Area Migration Agreement. The Risk is mitigated by the Officer’s recommendation to support the proposal. The Risk Consequence is considered to be Minor and the Likelihood Unlikely resulting in a Low level of risk.
Budget Implications
The costs involved with employment of a Designated Area Representative (DAR) located within a South West local government have been estimated at approximately $50,000 pa (0.5 FTE). In addition, funding of a vehicle or provision of a vehicle allowance would be required. The proposed funding of the position by the twelve South West local governments would require a contribution by the Shire of Harvey of $5,000 per annum over a five year period. It is expected that a fee for service model will be implemented requiring local employers to pay a fee to the DAR for placement and services and this may offset some of the local government funding contributions.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council:
1. Supports the establishment of a Designated Area Migrant Agreement across the South West region of Local Governments; and
2. Provides in-principle support for the provision of $5,000 per annum for the period of a five year Designated Area Migration Agreement to fund a Designated Area Representative to be employed by a South West local government.
Moved: Cr. Jackson Seconded: Cr. Dickinson
That Council: 1. Supports the establishment of a Designated Area Migrant Agreement across the South West region of Local Governments; and 2. Provides in-principle support for the provision of $5,000 per annum for the period of a five year Designated Area Migration Agreement to fund a Designated Area Representative to be employed by a South West local government. Carried 12-1 20/255.
- Page 28 - Ordinary Council Minutes 24 November 2020
Infrastructure Services
Item No 12.2.1 Subject: Rigg Road, Myalup - Proposed ‘No Stopping’ Parking Restrictions Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Director Infrastructure Services Authorising Officer: Chief Executive Officer File No.: R000012
Summary
Parking on Rigg Road, Myalup in the vicinity of the Crooked Carrot Eating House has been an issue for some time with residents in the area raising a number of road safety concerns regarding the large volume of vehicles using both sides of the road verge area for informal 90 degree angle parking.
This report recommends introducing a No Stopping Parking restriction on the road and verge area on the north side of Rigg Road as shown in Attachment 1.
Background:
In June 2015, Council approved an Eating House and Wayside Stall from what was originally a Wayside Stall. The Eating House was for 64 patrons but there was no limit on patrons external to the eating house (now the Crooked Carrot). Since 2015, numerous approvals have been issued including a toilet block, shade structures, tram and covered areas (2017), extension to kitchen and extension of carpark to the south including area for caravans (2018). Following numerous complaints and concerns regarding safety, in late 2019, a site meeting was held at the Crooked Carrot to discuss issues relating mainly to parking and access. During busy times, particularly on the weekends and at certain times during the week, vehicles are parking indiscriminately in both Rigg Road, the road reserve and in the Forrest Highway road reserve. Following further meetings involving Main Roads WA (MRWA), the Crooked Carrot and Shire Officers in March 2020, it was decided that MRWA would undertake works to restrict access from the Crooked Carrot onto Forrest Highway and undertake landscaping works to stop caravans parking in the Forrest Highway road reserve off Rigg Road. These works are currently in progress.
Comment
As mentioned above, during busy times, large volumes of vehicles use both sides of the Rigg Road verge area for informal 90 degree angle parking.
The current unregulated parking creates safety issues for both pedestrians crossing Rigg Road from the parked cars and vehicles reversing onto Rigg Road. This is creating congestion and safety issues for other motorists using Rigg Road to access properties along Rigg Road, Lakeside Drive and Kookaburra Close.
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To complement the works being undertaken by MRWA, as previously discussed with the Crooked Carrot, it is proposed that a No Stopping Parking restriction be implemented on the road and verge area on the north side of Rigg Road as shown in Attachment 1.
This will result in the following safety improvements:
• Restricting the on road angle parking on the south side of Rigg Road only will ensure no one is crossing the road to access the Crooked Carrot; • Will force motorists to park on site in the currently underutilised Crooked Carrot car parking area; and • Will complement the works being undertaken by MRWA to restrict parking within the Forrest Highway road reserve.
Statutory/Policy Environment
The head of power for the implementation of restricted on road parking is the Shire of Harvey Parking Local Law.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 3.6.1 state:
Provide a safe standard of roads and ancillary infrastructure.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational if Council decides not to support the request for the parking restrictions. The Risk Consequence is considered to be Minor and the Likelihood Unlikely resulting in a Low level of risk. The Risk is mitigated by supporting the recommended no stopping parking restriction on Rigg Road
Budget Implications
The cost to implement the proposal including signage, yellow no stopping line marking is in the order of $500. This would be funded from the signage maintenance budget.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council approves the implementation of the No Stopping Parking restriction on Rigg Road, Myalup, as shown on Attachment 1.
Moved: Cr. Burgoyne Seconded: Cr. Bromham
That Council approves the implementation of the No Stopping Parking restriction on Rigg Road, Myalup, as shown on Attachment 1. Carried 13-0 20/256.
- Page 30 - Ordinary Council Minutes 24 November 2020
Infrastructure Services
Item No 12.2.2 Subject: Proposed New Path – South Western Highway between Uduc Road and Hinge Road Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Director Infrastructure Services Authorising Officer: Chief Executive Officer File No.: R000003
Summary
Shire Officers are in the process of developing an updated draft 10 year Local Path Plan which will outline annual funding options for both long term path replacement and improvement (new paths).
When completed a report will be presented to Council outlining a replacement and improvement time line based on various funding scenarios.
It is recommended that the proposed path along the South Western Highway between Uduc Road and Hinge Road be prioritised accordingly and be considered for inclusion in the draft Local Path Plan
Background
At its meeting held on 27 October 2020 a petition with 55 signatories was presented to Council. The petitioners requested the following:
“We, the undersigned, all being residents of the Shire of Harvey, do formally request the Council's consideration to construct a footpath on the western side of the South Western Highway from the Vibe Service Station to Hinge Road. Residents of all ages, elderly, younger families (some with small children and prams) middle aged residents and younger residents walk or ride bicycles along this gravelly side of the road”.
Further commentary associated with the petition also outlined the following:
“this side of the road is gravel and sloping, which makes it difficult to walk along. There is a footpath on the opposite side (along the Senior High School), however, the public or residents are not going to cross the busy Highway at the Service Station and then across again further south, a second time, should they wish to access their homes or walk along Hinge Road”.
The author of the petition concluded that “the Shire and Councillors (as well as the Main Roads Department) have a duty of care to build a footpath for residents to walk safely along the Highway”.
Comment
Path replacement
The Shire’s current Local Path Plan was adopted by Council in 2012 and focused mainly on identifying projects to achieve an ‘ultimate path network’. The Plan, however, did not address path replacement which have a serviceable lifespan. It is important to monitor path condition and replace the infrastructure to maintain an acceptable level of service of the asset.
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The updated draft 10 Year Local Path Plan is currently being prepared and will incorporate path replacement and a proposed budget will need to incrementally increase to keep pace with replacement, as well as provide for improvement where strategic gaps are identified.
Path Improvement (New Paths)
The following scoring criteria has been developed in order to assess and prioritise new path projects based on:
• Strategic benefit • User Group Benefit • Connectivity Benefit • Safety Benefit
A maximum score of 20 points is achievable under these criteria. A ten-year improvement program is currently being developed based on this scoring criteria.
Discussion
Once the draft plan has been developed, the level of acceptable annual funding for both long term path replacement and improvement timelines will be presented to Council in the context of the Shire’s other competing funding requirements.
It should be noted that in preparing the draft plan, some path improvement funding may potentially be matched where projects qualify for grant funding.
The path section requested by the petitioners will be considered in the context of the above mentioned scoring criteria.
Statutory/Policy Environment
Local governments are the asset owners of local government roads.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Outcome 3.6 and Strategy 3.6.1 state:
3.6 A local transport network that ensures equity across the community to a safe standard 3.6.1 Provide a safe standard of roads and ancillary infrastructure
Risk Management
The Risk Theme Profile identified as part of this report is Inadequate Asset Sustainability Practices. The Consequence could be Property and Financial Impact should the path and track infrastructure not be maintained to the required standard. The Risk Consequence Rating is considered to be Moderate and the Likelihood Possible, giving a Moderate risk rating.
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Budget Implications
Not applicable at this stage however the estimated cost to construct approximately 550m of concrete path, 2.1m wide is in the order of $68,000.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council:
1. Notes that Officers are currently in the process of preparing a draft 10 year Local Path Plan;
2. Considers including the proposed new path along the South Western Highway between Uduc Road and Hinge Road for assessment and prioritising in accordance with the scoring criteria outlined in the report during the preparation of the draft 10 Year Local Path Plan; and
3. Advises the author of the petition of its decision.
Moved: Cr. Dickinson Seconded: Cr. Beech
That Council: 1. Notes that Officers are currently in the process of preparing a draft 10 year Local Path Plan; 2. Considers including the proposed new path along the South Western Highway between Uduc Road and Hinge Road for assessment and prioritising in accordance with the scoring criteria outlined in the report during the preparation of the draft 10 Year Local Path Plan; and 3. Advises the author of the petition of its decision. Carried 13-0 20/257.
- Page 33 - Ordinary Council Minutes 24 November 2020
Infrastructure Services
Item No. 12.2.3 Subject: Community Open Space, Binningup - Landscaping Proponent: Shire of Harvey Location: Lots 194, 195, 198, 199, 200, 8001 and 8002, Binningup Reporting Officer: Director Infrastructure Services / Manager Parks Services Authorising Officer: Chief Executive Officer File No.: A006245, A016443
Summary
The ownership of Lots 194, 195, 198, 199, 200, 8001 and 8002, Binningup is currently being transferred from Binningup Nominees Pty Ltd to the Shire as Binningup Nominees Pty Ltd no longer wish to maintain the land.
These land parcels were initially developed as Community Open Space (refer Attachment 1) and maintained by Binningup Nominees Pty Ltd in accordance with the requirements of the Shire of Harvey Town Planning Scheme No 12.
Council approved for the subject lots to be transferred free of cost (gifted) to the Shire at its meeting held on 28 July 2020.
The Shire is in the process of taking over the landscape maintenance of the subject land and this report discusses the requirements and cost implications.
Background
As previously reported to Council, on 18 August 1987, Shire of Harvey Town Planning Scheme 12 - Lakewood Shores Guided Development Scheme was Gazetted, which among other things provided for the development and management of Open Space Areas within the Scheme Area broadly defined as Public, Community and Golf Course.
The Golf Course remains the owner’s responsibility and all Public Open Space has previously been ceded to the Shire as Recreation Reserves.
The Community Open Space, however, remained the responsibility of the owner, Binningup Nominees Pty Ltd.
Council Meeting 28 July 2020
Council considered a report on the transfer of land comprising Community Open Space from Binningup Nominees Pty Ltd to the Shire, where the following decision was made (in part):
That Council:
1. Pursuant to Clause 4.5.2 of the Shire of Harvey Town Planning Scheme 12 - Lakewood Shores Guided Development Scheme accepts the gifting of …. lots from Binningup Nominees Pty Ltd: (refer Attachment 1)
2. Authorises the Chief Executive Officer to affix the Common Seal to the Transfer of Land Documents contained within Attachment 2 of this report; and
3. Authorises the Chief Executive Officer to enter into a Memorandum of Understanding with Binningup Nominees Pty Ltd associated with the allocation of water and access to the bore and reticulation control station.
- Page 34 - Ordinary Council Minutes 24 November 2020
Comment
Landscape Maintenance
There are approximately 2.5 hectares of turf and gardens that are required to be maintained within the estate, including two parks and one playground. The turf has previously been kept to a very high standard by Binningup Nominees Pty Ltd and was being mowed and maintained in line with the maintenance activities and frequencies being undertake at the Binningup golf course.
As Binningup Nominees Pty Ltd have been undertaking the landscape maintenance requirements for Lakewood Shores Binningup at their cost since the development commenced, the Shire has provided a small rates concession for them undertaking the requirements for the estate.
Since Binningup Nominees Pty Ltd stopped all maintenance activities in early 2020, the area has had little maintenance activities undertaken and any maintenance has been by the local residents who have taken on the responsibility themselves with many undertaking mowing and garden activities to keep the area as neat and tidy as possible. However, the area is now in dire need of regular maintenance and watering.
As the transfer of the land is now imminent, the Shire’s Parks Services proposes that the landscape maintenance in the areas as shown in Attachment 1, be contracted out at least until the end of the 2020-2021 financial year due to the lack of in-house resources. Moving forward, it is proposed that a public tender be called for the maintenance of Lakewood Shores from the 2021-2022 financial year forward.
Currently, the existing irrigation within the estate is supplied from a water body located within the golf course currently owned by Binningup Nominees Pty Ltd and is not part of, or likely to be in the future, part of any transfer of land to the Shire. As the Shire currently has no permanent tenure over this water supply the water to the landscaping would be undertaken within the Binningup Nominees Pty Ltd water allocation licence. The Shire is currently developing a Memorandum of Understanding (MOU) for the use of the water and supply pump.
In the longer term, Parks Services Officers will need to investigate alternative supply and delivery options as there is a potential risk that the estate may be left without this source of water in the future. It should be noted however, that the irrigation infrastructure outside of the water body, supply pump and controller at the lake will become Shire of Harvey responsibility in accordance with the MOU.
It should also be noted that the existing irrigation system is in relatively poor condition with sections being added onto sections as the estate developed. In addition, there is limited knowledge of the irrigation system as there are few irrigation ‘as constructed’ drawings available.
Lighting Lakes Parade
As reported to Council at its meeting held on 7 October 2020, Western Power undertook a design to install street lighting in Lakes Parade, Binningup to the relevant Australian Standards for residential developments. This is to replace the existing obsolete bollard lighting in the street.
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Following consideration of the report, Council approved the reallocation of funding from various sources to implement the proposal estimated to cost $95,000. Western Power have advised that the new lighting will be installed by the end of December 2020.
Statutory/Policy Environment
Part V of the Shire of Harvey Town Planning Scheme 12 - Lakewood Shores Guided Development Scheme, Community Open Space, contains provisions for the development and management of the Community Open Space and provides an opportunity to transfer the Community Open Space to the Shire in the event the management entity is no longer able to undertake the required management.
Part IV of the Transfer of Land Act 1893, Dealings with Land, Division 1, Transfers, provides the section associated with the transfer of land in freehold from one entity to another.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.2.3 and 2.4.5 states:
2.2.3 Continue to provide a high standard of town centre presentation and maintenance; and 2.4.5 Monitor and maintain current and future playground facilities within the Shire
Budget Implications
Quotations for undertaking the landscape maintenance of the Community Open Space areas were obtained. The lowest price submitted was for $82,380 for a 12-month period or $6,865 per month. As there are eight months of the 2020-2021 financial year remaining, the cost will be approximately $55,000 (this excludes any reticulation maintenance that may be required).
Council has allocated $20,000 in the 2020-2021 Budget towards the maintenance of the subject lots. Therefore, there will be a $35,000 funding shortfall in this financial year (including additional expenditure for reticulation maintenance) and it is recommended that the funding shortfall be considered in the Budget review.
In recognition of the management previously being undertaken by the Binniningup Nominees Pty Ltd, the subject lots were granted a small rates concession under Section 6.47 of the Local Government Act 1995 (Act) as the land was developed as open space and waiving of the rate was considered appropriate.
The value of the concession in 2019-2020 was $412.66. There was no concession in 2020- 2021 as one was not requested.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Environmental, Financial, Reputational or Compliance if an incorrect administration of the Scheme occurs and areas of Community Open Space are not appropriately managed. The Risk is considered Minor and the likelihood Unlikely, as the land is currently being transferred to the Shire and the Shire will be taking on the maintenance of the land. This results in a Low risk being present.
- Page 36 - Ordinary Council Minutes 24 November 2020
Voting Requirements
Simple Majority.
Officer’s Recommendation
That Council lists an additional amount of $40,000 in the Budget review to fund the anticipated funding shortfall for the landscape maintenance of the Community Open Space areas in Binningup, as shown in Attachment 1.
Moved: Cr. Bromham Seconded: Cr. Coleman
That Council lists an additional amount of $40,000 in the Budget review to fund the anticipated funding shortfall for the landscape maintenance of the Community Open Space areas in Binningup, as shown in Attachment 1. Carried 13-0 20/258.
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Infrastructure Services
Item No. 12.2.4 Subject: Better Bins Plus: Go FOGO Kerbside Collection Program Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Waste and Safety Services Authorising Officer: Director Infrastructure Services File No.: B000303
Summary
The Shire of Harvey applied to participate in the ‘Better Bins Plus: Go FOGO’ Kerbside Collection Program in July 2020.
The Waste Authority have presented an offer to the Shire (refer Attachment 1) that is contingent on the Shire agreeing to make changes to the waste services currently provided to households by 2026.
It is recommended that Council maintains the current level of waste management services provided to households and prior to accepting the grant funding, authorises the Chief Executive Officer to enter into discussions with the Waste Authority regarding potential future funding opportunities through the ‘Better Bins Plus: Go FOGO’ Kerbside Collection Program to comply with the Waste Authority funding requirements.
Background
Council Meeting 18 September 2018
Council adopted the following waste service model:
a. Provides the following waste collection services to all households (townsites and non townsites) that are currently receiving a waste collection service: • General waste (240L MGB) reduced to a fortnightly collection; • Organics waste (240L MGB) to a weekly collection; and • Recycling (240L MGB) maintain the fortnightly collection.
b. Maintains the provision to non-households (commercial activities, such as cafes, caravan parks, schools etc.): • General waste (240L MGB) maintain the reduced to a weekly collection; and • Recycling (240L MGB) maintain the fortnightly collection.
The Better Bins Plus: Go FOGO Kerbside Collection Program
The Program is a scheme funded from the Western Australian State Government’s Waste Avoidance and Resource Recovery Account, which under section 80(1)(a) of the Waste Avoidance and Resource Recovery Act 2007 (WA) may be used to fund programs relating to the management, reduction, reuse, recycling, monitoring or measurement of waste.
The Program has been developed by the Waste Authority to provide financial incentives for local governments to implement the Better Bins Plus: Go FOGO Kerbside Collection Guidelines.
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In July 2020, the Shire submitted an application for $160,000 to participate in the ‘Better Bins Plus: Go FOGO’ Program, to support the purchasing of compostable bags, waste education branding on collection vehicles and bin tagging of kerbside bins.
The Waste Authority subsequently offered the Shire $158,250 over two financial years as follows:
• $68,575 for 2020-2021: and • $89,675 for 2021-2022
The funding was offered on the proviso that the Shire gave a commitment to undertake the following:
• A transition away from General Waste mobile garbage bins (MGB) exceeding the capacity of 70L per week (maximum 140L capacity, fortnightly collection); and • To provide within its district MGB’s with dark green bodies and lid colours consistent with Australian Standard 4123.7-2006.
Existing Waste Service Provided
The Shire’s existing waste services for households consist of the following:
Type Size Collection Colour AS 4123.7-2006 frequency General Waste 240L Fortnightly Dark green bodies/red Transitioning to red lid lids. on dark green since 2013 for new MGB’s and replacement lids. Recycling 240L Fortnightly Yellow lid/green body Complies FOGO 240L Weekly Lime green lid and Lid complies with AS body 4123.7-2006.
Comment
The State Government’s Waste Avoidance and Resource Recovery Strategy 2030, has set the following Municipal Solid Waste (MSW) recovery targets:
Year Target 2020 Increase MSW material recovery to 65% in the Perth and Peel regions, 50% in major regional centres 2025 Increase MSW material recovery to 67% in the Perth and Peel regions, 55% in major regional centres 2030 Increase MSW material recovery to 70% in the Perth and Peel regions, 60% in major regional centres
Within the funding agreement, condition 6.2 sets out a number of conditions that Council needs to agree to as follows:
“(a) The Recipient must:
i. Seek approval from its Council, within 12 months of the Execution Date, to replace all General Waste Receptacles that are larger than 70 litres in capacity per week with General Waste Receptacles that are 70 litres capacity or less per week in its jurisdiction by 30 June 2026; and
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ii. provide written notification to the Waste Authority of the decision of the Council regarding clause 6.2(a)(i);
(b) If, in accordance with clause 6.2(a)(i), the Council does not approve the replacement of all General Waste Receptacles that are larger than 70 litres in capacity per week with General Waste Receptacles that are 70 litres capacity or less per week in its jurisdiction by 30 June 2026, the Recipient must:
i. seek approval from its Council, within 12 months of the Council Election occurring, to replace all General Waste Receptacles that are larger than 70 litres in capacity per week with General Waste Receptacles that are 70 litres capacity or less per week in its jurisdiction by 30 June 2026; and
ii. provide written notification to the Waste Authority of the decision of the Council regarding clause 6.2(b)(i);
(c) The Recipient must replace all General Waste Receptacles that are larger than 70 litres in capacity per week with General Waste Receptacles that are 70 litres capacity or less per week in its jurisdiction by 30 June 2026 except for any arrangements for the use of General Waste Receptacles that are larger than 70 litres by households that have been approved in writing by the Waste Authority by 30 June 2026.
(d) The Recipient must provide written notification to the Waste Authority once it has completed the requirement in clause 6.2(c).
(e) If the Recipient has not replaced all General Waste Receptacles that are larger than 70 litres capacity per week with General Waste Receptacles that are 70 litres capacity or less in its jurisdiction by 30 June 2026, the Waste Authority may send the Recipient a written request requiring it to repay all or a portion of the Grant Funds to the WARR Account within fourteen (14) days, and the Recipient must comply with such a direction.
(f) If the Recipient has the approval of its Council to transition to General Waste Receptacles that are 70 litres capacity or less per week in its jurisdiction by 30 June 2026 at the time of the Execution Date, the Recipient must provide written notification to the Waste Authority of the Council’s endorsement of this requirement within fourteen (14) days of the Execution Date.
(g) This clause continues in force following the expiry or termination of this Agreement”.
In accordance with the funding agreement, Council must consider moving to smaller General Waste MGB at least twice before 30 June 2026. If Council decides not to move to smaller General Waste MGB, a justification needs to be provided to the Waste Authority.
General Waste MGB
Officers consider that by agreeing to reduce the size of the General Waste MGB from the current 240L (fortnightly collection) to a General Waste MGB less than 140L (fortnightly collection) and by agreeing to the following condition i.e. the Waste Authority may send the Recipient a written request requiring it to repay all or a portion of the Grant Funds to the WARR Account within fourteen (14) days, and the Recipient must comply with such a direction, may could expose the Shire to a number of potential risks.
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In addition, the funding agreement states that: “the Recipient will provide within its district (as provided for under the Local Government Act 1995 (WA)) mobile garbage bins (Receptacles), with dark green bodies and lid colours consistent with Australian Standard 4123.7-2006”.
It should be noted that the Shire has been transitioning from dark green to red lids on all new and replacement General Waste MGB (in accordance with AS 4123.7-2006).
Some of the risks associated with changing to a smaller General Waste MGB include:
• Significant cost to change from the current 240L MGB to a 140L MGB; • Potential risk of increased contamination of Recycling and FOGO waste streams; • Reputational risk due to the expectation of the community maintaining a 240L MGB; • Reputational and financial risk due to unnecessary disposal of existing MGB; and • Financial risk due to the funding clause 6.2 of the funding agreement having no expiry date.
FOGO MGBs
The Shires existing FOGO MGBs do not currently comply with AS 4123.7-2006 colours which requires lime lid and dark green body. In 2019 the Shire rolled out FOGO MGBs with lime coloured lids and body to maintain consistency with other local governments in our region.
Officers consider that changing the FOGO MGBs and agreeing to the aforementioned clause, could expose the Shire to following potential risks
• Significant MGB infrastructure cost to change from lime MGBs to dark green MGBs; • Reputational risk due to the education and expectation of the using a lime coloured MGB; and • Reputational risk due unnecessary disposal of lime MGB bodies.
Recycling MGBs
The existing recycling MGBs comply with the requirements on AS 4123.7-2006.
Discussion and Conclusions
As mentioned above, the Shire currently provides a weekly FOGO service, and an alternative fortnightly Recycling service and General Waste service. All households have been issued with 240L MGBs.
The Waste Authority grant is conditional upon Council agreeing to replace the current 240L General Waste MGB with a MGB with less than 140L capacity and still maintain the fortnightly collection. In addition, the Waste Authority is requiring that Council agree to change the lime green FOGO MGB with a dark green FOGO MGB with a lime green lid. Both of these requirements would need to be implemented before 30 June 2026.
Since the introduction of the FOGO bin, the Shire’s existing MSW services has achieved almost 65% material recovery in the first 12 months. In addition, recent audits of the Shire’s kerbside FOGO waste has found that the Shire has an extreme low contamination rate of 0.4%.
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Therefore, the Shire is already achieving recovery targets and contamination rates well above State Strategies and industry standards with its current waste service. Officers consider that while it is acknowledged that the Waste Authority’s aim is to reduce waste to landfill the Shire’s recent large investment in the additional FOGO MGB and Council decision to maintain the 240L General Waste MGB and change to a fortnightly collection is the right solution for the Shire’s residents as evidenced by the high percentage of material recovery and low contamination rate.
Statutory/Policy Environment
Waste Avoidance and Resource Recovery Act 2007. • Section 50 (1) gives authority for a local government to provide waste services; and • Section 67 (1) gives authority to a local government to impose receptacle charge to provide for the proper disposal of waste, by making an annual charge, in respect of premises provided with a waste service by the local government.
The Local Government (Functions and General) Regulations 1996. • Part 4 Provision of goods and services Division 2 Tenders for providing goods or services (s. 3.57) Regulation 11(2) (e), permits the exemption from public tender the goods or services that are to be supplied by or obtained through the government of the State or the Commonwealth or any of its agencies, or by a local government or a regional local government.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.5.2 states:
Support a regional approach to waste management, which may include transfer stations, kerb‐side collections, waste education, landfill sites and recycling facilities.
Risk Management
Risk Risk Risk Risk Action Plan Rating Consequence Likelihood (Controls or (Prior to Risk Theme Risk (Financial (with Mitigation Treatment Profile Impact and existing Treatment or Reputational controls) proposed) Control)
That the Shire Extreme Unlikely High Inadequate That an changes a (5) (2) (10-16) Engagement appropriate service without Practices model for waste a satisfactory services is investigation of developed, the potential communicated impacts these and introduced to changes will the community. have on the community.
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Risk Risk Risk Risk Action Plan Rating Consequence Likelihood (Controls or (Prior to Risk Theme Risk (Financial (with Mitigation Treatment Profile Impact and existing Treatment or Reputational controls) proposed) Control) That the introduces a That an service without appropriate undertaking model for waste adequate services is community Inadequate Extreme Possible High developed, consultation as Engagement (5) (3) (10-16) communicated to whether the Practices and introduced to community the community desires such a prior to being service and are change prepared to pay for it. A suitable That the Shire financial signs the Inadequate assessment prior agreement and Major Likely High Asset to signing the is required to (3) (4) (10-16) Sustainability agreement pay the funding Practices between the back to Waste Shire and Waste Authority Authority That financial A suitable arrangements financial for the change Inadequate assessment prior of the service Extreme Unlikely High Asset to signing the are not (5) (2) (10-16) Sustainability agreement equitable or are Practices between the unable to be Shire and Waste afforded by the Authority Shire
Budget Implications
The Waste Authority has offered the Shire $158,250 i.e. $68,575 for 2020-2021 and $89,675 for the 2021-2022 financial year to participate in the Better Bins Plus: Go FOGO Kerbside Collection Program subject to a number of conditions.
The conditions required to be adhered to in accepting the grant would have significant future cost implications on the Shire i.e. replacing all of the existing 240L General Waste MGB’s by 2026 and replacing the existing 240L FOGO MGBs with a dark green bin and lime green lid by the same date.
Council has budgeted $160,000 in the 2020-2021 financial year, dependant on receipt of the Grant from the Waste Authority.
The cost implications of agreeing to the Waste Authority conditions are estimated to be in the order of $750,000 over the next 5 years which means Council would need to set aside an additional $150,000 per financial year to meet the Waste Authority deadline of 2026.
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Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council
1. Notes that the Waste Authority has offered the Shire $158,250 over two financial years with $68,575 available for 2020-2021 and $89,675 available for the 2021-2022 financial year to participate in the Better Bins Plus: Go FOGO Kerbside Collection Program subject to a number of conditions, as outlined in the report;
2. Before accepting the grant funding, authorises the Chief Executive Officer to enter into discussions with the Waste Authority regarding potential future funding opportunities through the ‘Better Bins Plus: Go FOGO’ Kerbside Collection Program to comply with the Waste Authority funding requirements;
3. Advises the Waste Authority that its preference, due to the success of the current waste service to householders, is to maintain the following waste collection service and bin colour combinations for its kerbside waste collection service until there is more clarity on future funding opportunities to implement the Waste Authority grant funding conditions:
(a) General waste (240L MGB) fortnightly collection transitioning to red lid/dark green body; (b) FOGO (240L MGB) weekly collection, lime green lid and body; and (c) Recycling (240L MGB) fortnightly collection, yellow lid/dark green body; and
4. Receives a further report once Recommendation 2 has been actioned.
Moved: Cr. Adams Seconded: Cr. Burgoyne
That Council 1. Notes that the Waste Authority has offered the Shire $158,250 over two financial years with $68,575 available for 2020-2021 and $89,675 available for the 2021-2022 financial year to participate in the Better Bins Plus: Go FOGO Kerbside Collection Program subject to a number of conditions, as outlined in the report; 2. Before accepting the grant funding, authorises the Chief Executive Officer to enter into discussions with the Waste Authority regarding potential future funding opportunities through the ‘Better Bins Plus: Go FOGO’ Kerbside Collection Program to comply with the Waste Authority funding requirements; 3. Advises the Waste Authority that its preference, due to the success of the current waste service to householders, is to maintain the following waste collection service and bin colour combinations for its kerbside waste collection service until there is more clarity on future funding opportunities to implement the Waste Authority grant funding conditions: (a) General waste (240L MGB) fortnightly collection transitioning to red lid/dark green body; (b) FOGO (240L MGB) weekly collection, lime green lid and body; and (c) Recycling (240L MGB) fortnightly collection, yellow lid/dark green body; and 4. Receives a further report once Recommendation 2 has been actioned. Carried 13-0 20/259.
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Sustainable Development
Item No. 12.3.1 Subject: Extension to Existing Use Not Listed (Farm Machinery Sales and Servicing) Proponent: Harvey Farm Service Location: Lot 77 Sixth Street, Harvey Reporting Officer: Planning Officer (IF) Authorising Officer: Acting Director Sustainable Development File No.: A014172 Attachment Reg. No. 20/20135
Summary
An Application for Development Approval has been received for an extension to an existing Use Not Listed (Farm Machinery Sales and Servicing) at Lot 77 Sixth Street, Harvey (refer Attachment 1). The application is referred to Council as Officers do not have delegation to approve a Use Not Listed where objections have been received during the advertising period. Council has previously determined that the use (Farm Machinery Sales and Servicing) is consistent with the objectives and purposes of the “Intensive Farming” zone by granting Development Approval for Harvey Farm Service to operate on Lot 20 (Previously Lots 7, 8 and 9) Korijekup Avenue in April 2011.
It is recommended that the application be approved, subject to modifications and appropriate conditions.
Background
Site Description
Lot 77 Sixth Street is zoned “Intensive Farming” under the Shire’s District Planning Scheme No. 1 (the Scheme) and is located within Harvey. The site is of regular shape with an area of approximately 2ha. There is existing vegetation screening around the property, three dome shelters and three sea containers and an area of hardstand, currently approved for personal farm use only (refer Attachment 2).
Site History
Lot 77 Sixth Street adjoins Lot 20 (previously Lots 7, 8 and 9) Korijekup Avenue which has an existing approval for a Use Not Listed (Farm Machinery Sales and Servicing) granted by Council in April 2011.
Previous approvals and relevant history is listed below:
• January 1983 – Planning Consent was issued to Mr. Ieraci to operate an “Industry – Rural” on Lot 8 Korijekup Avenue and for a 345m² extension to the existing workshop. It is noted that in the Officer’s report, it states that “Mr. Ieraci trades under the name Harvey Farm Service and he sells and services tractors from his 2000m² lot”;
• December 1983 – Council allocates “Building Envelopes” for the subject sites (including the other seven “Intensive Farming” lots) with the following setbacks: Front setback: 7.5m Rear setback: 20m Side setbacks: 0.9m
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• October 2010 – Application for Planning Consent was received for an extension to the existing buildings to create a showroom and office space. In addition, the landowner proposed to formalise the parking area at the front of the property to create bitumen- sealed customer parking and a machinery display area.
A site inspection conducted by Officers revealed that the business operations on the property occurred on all three of the properties. In addition, it was observed that there were 12 tractors stored on Lot 77, with various implements attached including slashers, mulchers and sprayers. When queried about the number of tractors on Lot 77, the landowner advised that all of the tractors were used in the vineyard on the property and the high number was due to the fact that he did not like changing the implements.
Although not indicated in that application, the landowner also expressed his intentions to construct a machinery shed on Lot 77 to house the tractors and machinery as well as constructing an additional access across Lot 77 to facilitate access to the rear of Lot 20. After conducting the site inspection Officers requested that additional information be submitted explaining the relationship between Lots 7, 8 and 9 (now Lot 20) and Lot 77, in addition to other information.
• May 2011 – Development Approval was granted for a ‘Use Not Listed’ – Farm Machinery and Sales on Lots 7, 8, and 9 (now Lot 20) Korijekup Avenue. This approval excluded the use of Lot 77 Sixth Street for use relating to Harvey Farm Service.
• February 2019 – Application for Development Approval was received for dome shelters and sea containers on Lot 77 Sixth Street. The application was approved in October 2019 under delegation for the purpose of personal use only and not relating to Harvey Farm Service.
• October 2019 – Notice sent to the property owner advising the following:
“Through the assessment of your Application for Development Approval dated 01/03/2019, the Shire would like to remind you of conditions relating to your previous Development Approval, as resolved by Council at its meeting on 10th May 2011.
Conditions relating to access for Lot 20 (previously Lots 7,8 & 9) Korijekup Avenue
(f) Access for all vehicles entering or exiting the site is limited to Korijekup Avenue and such access is to be upgraded to a heavy haulage standard to the specifications and satisfaction of the Shire of Harvey.
(i) The landowner is advised that access to Lots 7,8, and 9 (20) Korijekup is not permitted via Lot 77 Sixth Street.
(k) Storage, display for sale, servicing and demonstration of machinery is to be limited to the newly created Lot (currently Lots 7,8 and 9) only.
The Shire would like to reaffirm that access to Lot 20 Korijekup is not permitted via Lot 77 Sixth Street and that the previous approval does not allow for the storage, display or servicing of machinery related to Harvey Farm Service on Lot 77 Sixth Street.
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All signage and machinery related to Harvey Farm Service is to be removed from Lot 77 Sixth Street and all commercial activity is to be contained within Lot 20 Korijekup. This action is to be undertaken within 60 days of receiving this letter. Failure to comply with this notification may result in the Shire instigating legal action which may result in penalties as prescribed by the Planning and Development Act 2005.” • December 2019 – Correspondence was received from Mr. Ieraci requesting the use of Lot 77 for activities relating to Harvey Farm Service (refer Attachment 3).
• December 2019 – Shire Officers advised Development Approval would be required for the use of Lot 77 for Harvey Farm Service.
• June 2020 – Application for Development Approval was received for the subject proposal with an amended proposal being received September 2020.
Proposal
The application proposes an extension of the approved ‘Use Not Listed’ – Farm Machinery Sales and Servicing currently occurring on Lot 20 (previously Lots 7, 8, and 9) Korijekup Avenue, to include the use of Lot 77 Sixth Street for activities relating to Harvey Farm Service.
The Applicant has advised that Harvey Farm Service has outgrown Lot 20 and more area is required for the sales and servicing of agricultural equipment. This additional area is intended to be used for servicing of customer machinery, testing of serviced/repaired machinery, storage of second hand equipment and customer machines awaiting repair, accommodate parking for 18 staff members and the loading/unloading of couriers. The Applicant has outlined that a rural property is essential for the testing of farm machinery after servicing and repairs (such as tractors, rotary hoes, mulchers, hay mowers and balers etc.), as a hardstand area is not suitable.
The proposal (refer Attachment 1) shows Lot 77 Sixth Street being divided into a number of areas designated for specific activities relating to Harvey Farm Service. A 20m land buffer is proposed on the southern boundary where Lot 77 abuts Lots 1 through 5 Korijekup Avenue. There are also proposed areas designated for testing of lawn mowers, machinery/ equipment testing area, customer machines awaiting repairs, new and second hand machinery storage, loading and unloading areas, staff parking, new equipment storage, assembly area in preparation for sale and a fuel bay.
The Applicant has advised that access for all Harvey Farm Service activities will continue to be via Lot 20 Korijekup Avenue. The Sixth Street access to Lot 77 will be utilised for personal use only.
Advertising
Pursuant to Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Deemed Provisions), the application was advertised to the adjoining properties and the properties on Sixth Street for a period of 14 days concluding on 14 October 2020. A total of seven submissions were received with two supporting the proposal and five objecting to the proposal. A summary of the submissions received is provided in Attachment 4.
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Comment
Proposal
In May 2011 Council considered an application for the use of Lot 77 for activities relating to Harvey Farm Service and it was not supported by Shire Officers or Council. The reason for Council not supporting the use of Lot 77 was based on the likely impacts the use of this lot would have on neighbouring properties.
Since the previous Development Approval was issued, Shire Officers have observed Lot 77 being consistently used for the storage, display and testing of machinery which appear to relate to Harvey Farm Service activities. As a consequence of this, Officers advised the Applicant that further application would need to be made for the use of Lot 77 and Development Approval would need to be granted to avoid compliance action being undertaken. As Council has previously determined that the use (Farm Machinery Sales and Servicing) is consistent with the objectives and purposes of the “Intensive Farming” zone in this area and granting approval for Harvey Farm Service to operate on Lot 20 (previously Lots 7, 8 and 9) Korijekup Avenue in April 2011, there was no requirement for the subject application to be referred for Council’s initial consideration of the use. The subject application was therefore advertised pursuant to the Scheme requirements.
Shire Officers have met with the Applicant on site to discuss the proposal and possible measures that may be taken to protect the amenity of neighbouring properties resulting from the submissions received during advertising. The Applicant has expressed that they would be amenable to constructing a 1.8m solid colorbond fence on the property boundary adjoining Lots 1 through 6 Korijekup Avenue. Additional to the solid fencing, the Applicant proposes to plant additional vegetation screening within the land buffer area as shown on the proposed plan. In this regard, the Applicant has expressed that they do not wish to erect permanent fencing around the land buffer area boundary due to the disruption this would cause to the maintenance of the grass in this area. Permanent fencing may also impede access to the water line that runs through this portion of the property to service lots on Korijeup Avenue, should repair or maintenance be required. The Applicant would however be amenable to installing posts to demarcate the land buffer area to ensure Harvey Farm Service staff do not use the land buffer area for Harvey Farm Service operations.
Advertising
The application was advertised for a period of 14 days to adjoining neighbours and residents on Sixth Street north of Korijekup Avenue. Shire Officers’ met with a group of residents from Korijekup Avenue and the concerns raised have been reflected in the summary of submissions Attachment 4. The general feedback received during the advertising period was unfavourable to the proposal in its current form, although adjoining landowners have indicated that they would be more supportive of an amended proposal with measures in place to manage the impact on the amenity of their properties. There were also submissions expressing support for the proposal received, acknowledging the service to the farming community that Harvey Farm Service currently provides. It was also raised by residents that Harvey Farm Service operations have been occurring on this site for a number of years already.
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Further consultation has been undertaken with adjoining landowners at Lots 1 to 6 Korijekup Avenue, following the site meeting with the Applicant. There was generally little support for a 1.8m colorbond fence to be constructed on the boundary between Lot 77 and Lots 1 to 6, as this would not be in keeping with the rural character of the area. Landowners expressed they wish to remain firm on their position as detailed in their submission, requiring a 1.8m colorbond fence at the 20m land buffer, with vegetation to screen the fence and any noise or visual impacts of Harvey Farm Service activities. The option of the 1.8m colorbond fence positioned on the northern side of the water line on Lot 77, approximately 5m setback into the property, which would be screened by vegetation was also raised as an acceptable outcome by one adjoining landowner.
Discussion
In the assessment of this proposal and the formulation of the Officer’s recommendation to Council, due regard has been given to the previous concerns of Council and adjoining property owners considered in previous applications. Consideration has also been given to the justification for Harvey Farm Service to expand into Lot 77 to ensure the longevity of the business and the services they offer to the farming community in Harvey. Adjoining property owners have expressed that they do not object to the location of Harvey Farm Service and acknowledge their need to expand although are concerned with regard to the possible impact the proposal will have on the amenity of their properties if the land buffer area is not appropriately managed and appropriately screened. Shire Officers have determined that the most appropriate arrangement for managing the possible impacts of the proposal on neighbouring properties is the construction of a 1.8m colorbond fence on the boundary of Lots 1 to 6 Korijekup Avenue and Lot 77 Sixth Street, as well as additional vegetation north of the existing vegetation screening. Locating the fence on the boundary is considered by Officers to be the most practical location for a fence of this nature, and is consistent with the Shire of Harvey Fencing Local Law 2017.
The Guide to the Dividing Fences Act 1961 provides the following advice on erecting a dividing fence at the Applicant’s expense;
“If you wish to claim a contribution and the adjoining land is not vacant, there must be an agreement or a court order in place before erecting the fence. Where the adjoining land is vacant, you do not need an agreement. Once the fence is erected a claim for a contribution can be made on the owner when there is a substantial building erected on the land, or when the land owner occupies or permits the occupation of any building on the land. You do not need an agreement if you want to erect the fence entirely at your own expense, and forego any right to a contribution under the Act. The fence you erect must still be a ‘sufficient fence’. If you decide to erect a fence at your own expense, it is recommended that you give the adjoining owner the details of the proposal as a courtesy, and to enable them to make arrangements to protect their property or animals during the construction process. A decision to erect a fence entirely at your own cost does not give you the right to enter the adjoining owner’s property without their permission during construction.”
Statutory/Policy Environment
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
• Schedule 2 – Deemed Provisions, Section 64 – Advertising Applications:
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“(1) An application for development approval must be advertised under this clause if the proposed development —“
“(b) relates to a use if —
(i) the use is not specifically referred to in the zoning table for this Scheme in respect of the zone in which the development is located; and (ii) the local government determines that the use may be consistent with the objective of that zone and that notice of the application should be given;”
“(3) The local government may advertise, or require the applicant to advertise, an application for development approval in one or more of the following ways —
(a) by giving notice of the proposed use or development to owners and occupiers of properties in the vicinity of the development who, in the opinion of the local government, are likely to be affected by the granting of development approval, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is given to the person;”
Shire of Harvey District Planning Scheme No.1
• Zoning and Development Standards- Intensive Farming Zone
- Policy Statement: “Local Government has identified by zoning and intends to protect from inappropriate use of the valuable irrigated farmland in the Scheme area”
• Clause 4.2.5 – Use Not Listed
If the use of land for a particular purpose is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the interpretation of one of the land use categories the local government may:-
(a) determine that the use is not consistent with the objectives and purposes of the particular zone and is therefore not permitted; or
(b) determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone and thereafter follow the advertising procedures of Clause 64 of the Deemed Provisions in considering an application consent. In approving such an application, the local government may apply any conditions or development standards it deems necessary.
Shire of Harvey Fencing Local Law 2017
2.1 Sufficient fences (1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence.
(3) Where a fence is erected on or near the boundary between—
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(b) a residential lot and a commercial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 3;
Schedule 2 - Specifications for a sufficient fence on a residential lot
2. Corrugated fence A fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to manufacturer’s specifications or which satisfies the following specifications— (a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case shall have a minimum in-ground depth of 600 millimetres; (b) the total height and depth of the fence to consist of a single continuous fibre reinforced cement or steel sheet; (c) the sheets to be lapped and capped with extruded snap-fit type capping in accordance with the manufacturer’s specifications; and (d) the height of the fence to be 1 800 millimetres except with respect to the front setback area for which there is no minimum height but which is subject to clause 2.2.
Schedule 3 - Specifications for a sufficient fence on a commercial lot or an industrial lot
2. Other fences (a) a fence of cement sheet or steel sheeting constructed to the minimum specifications referred to in Schedule 2;
Shire of Harvey Delegations Register
Delegation 4.1.3(9)
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.3.1 states:
Continue to implement integrated environmental, social and land use planning which will: • minimise land use conflict.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Environmental or Compliance if incorrect advice is given or a condition missed. The risk is considered Minor and the likelihood Unlikely, given that the report has been thoroughly researched, peer reviewed and provided by a qualified Council Officer. This results in a Low risk being present.
Budget Implications
Nil.
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Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council:
1. Approves the Application for Development Approval for a ‘Use Not Listed’ (Farm Machinery Sales and Servicing) at Lot 77 Sixth Street, Harvey subject to the following conditions:
1. The development and/or use shall be in accordance with the attached approved plans, subject to modifications required as a consequence of any condition(s) of this approval. The approved plans shall not be modified or altered without first obtaining approval from the Shire.
2. This approval is valid for a period of two (2) years. If the development is not substantially commenced within this period, a new approval must be obtained before commencing or continuing development.
3. Prior to commencement of the approved use, amended plans are to be submitted and approved by the Shire. The amended plans shall include the:
a. installation of a 1.8m colorbond screening fence, at the Applicant’s expense, on the boundary between Lots 1 to 6 Korijekup Avenue and Lot 77 Sixth Street;
b. planting of additional screening vegetation to be located north of the existing vegetation screening on Lot 77;
c. existing dome and sea container located adjoining Lot 6 Korijekup Avenue shall be marked for ‘personal use only’;
d. installation of posts/poles/pickets to identify the boundary of the 20m land buffer; and
e. 20m land buffer being marked as not being used for the display, servicing or storage of machinery relating to Harvey Farm Service.
4. Access for all vehicles relating to Harvey Farm Service entering and exiting the site shall be limited to Korijekup Avenue via Lot 20.
5. Operating hours are limited to 7:00am to 6:00pm Monday to Friday and 8:00am to 12:00pm on Saturdays.
6. Prior to commencement of the approved use, the 1.8m colorbond screening fence required by Condition 3.a. shall be installed and thereafter maintained to the satisfaction of the Shire.
7. Prior to commencement of the approved use, a Landscaping Plan shall be submitted and approved by the Shire, implemented and thereafter maintained to the satisfaction of the Shire. The Landscaping Plan shall include the location, species and quantities and the proposed vegetation.
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8. A Bank Guarantee or Bond of $1,500 shall be submitted prior to commencement of the approved use for the purpose of establishing and maintaining the approved landscaping/screening. Such Bank Guarantee or Bond shall be held by the Shire of Harvey for a minimum period of two years from installation of the landscaping until the establishment and maintenance of vegetation is confirmed satisfactory.
9. Prior to commencement of the approved use, demarcation of the 20m land buffer boundary required by Condition 3.d. shall be undertaken and thereafter maintained to the satisfaction of the Shire.
10. The existing structures on the site shall not be used for activities relating to Harvey Farm Service, unless otherwise approved by the Shire.
11. The 20m land buffer as shown on the approved plans shall not to be used for the display, servicing or storage of machinery relating to Harvey Farm Service.
12. Further intensification of commercial activity on Lot 77 will require a new Development Approval.
2. Advises the Applicant of the following additional requirements that are not included as conditions of the approval:
1. The Shire of Harvey advises that the development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions. Further information can be obtained from the Shire of Harvey’s Environmental Health Services on (08) 9729 0300.
Moved: Cr. Adams Seconded: Cr. Beech
That Council: 1. Approves the Application for Development Approval for a ‘Use Not Listed’ (Farm Machinery Sales and Servicing) at Lot 77 Sixth Street, Harvey subject to the following conditions: 1. The development and/or use shall be in accordance with the attached approved plans, subject to modifications required as a consequence of any condition(s) of this approval. The approved plans shall not be modified or altered without first obtaining approval from the Shire. 2. This approval is valid for a period of two (2) years. If the development is not substantially commenced within this period, a new approval must be obtained before commencing or continuing development. 3. Prior to commencement of the approved use, amended plans are to be submitted and approved by the Shire. The amended plans shall include the: a. installation of a 1.8m colorbond screening fence, at the Applicant’s expense, on the boundary between Lots 1 to 6 Korijekup Avenue and Lot 77 Sixth Street; b. planting of additional screening vegetation to be located north of the existing vegetation screening on Lot 77; c. existing dome and sea container located adjoining Lot 6 Korijekup Avenue shall be marked for ‘personal use only’; d. installation of posts/poles/pickets to identify the boundary of the 20m land buffer; and e. 20m land buffer being marked as not being used for the display, servicing or storage of machinery relating to Harvey Farm Service.
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4. Access for all vehicles relating to Harvey Farm Service entering and exiting the site shall be limited to Korijekup Avenue via Lot 20. 5. Operating hours are limited to 7:00am to 6:00pm Monday to Friday and 8:00am to 12:00pm on Saturdays. 6. Prior to commencement of the approved use, the 1.8m colorbond screening fence required by Condition 3.a. shall be installed and thereafter maintained to the satisfaction of the Shire. 7. Prior to commencement of the approved use, a Landscaping Plan shall be submitted and approved by the Shire, implemented and thereafter maintained to the satisfaction of the Shire. The Landscaping Plan shall include the location, species and quantities and the proposed vegetation. 8. A Bank Guarantee or Bond of $1,500 shall be submitted prior to commencement of the approved use for the purpose of establishing and maintaining the approved landscaping/screening. Such Bank Guarantee or Bond shall be held by the Shire of Harvey for a minimum period of two years from installation of the landscaping until the establishment and maintenance of vegetation is confirmed satisfactory. 9. Prior to commencement of the approved use, demarcation of the 20m land buffer boundary required by Condition 3.d. shall be undertaken and thereafter maintained to the satisfaction of the Shire. 10. The existing structures on the site shall not be used for activities relating to Harvey Farm Service, unless otherwise approved by the Shire. 11. The 20m land buffer as shown on the approved plans shall not to be used for the display, servicing or storage of machinery relating to Harvey Farm Service. 12. Further intensification of commercial activity on Lot 77 will require a new Development Approval. 2. Advises the Applicant of the following additional requirements that are not included as conditions of the approval: 1. The Shire of Harvey advises that the development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions. Further information can be obtained from the Shire of Harvey’s Environmental Health Services on (08) 9729 0300. Carried 13-0 20/260.
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Sustainable Development
Item No. 12.3.2 Subject: Local Development Plan – Stage 1 Edenlife Communities Proponent: Edenlife Communities Pty Ltd Location: Lot 9001 Leisure Drive Australind Reporting Officer: Senior Planning Officer Authorising Officer: Acting Director Sustainable Development File No.: A016159 Attachment Reg. No. 20/33770
Summary
An application for a proposed Local Development Plan for Lot 9001 (No. 107) Leisure Drive, Australind (refer Attachment 1) has been received. The proposed Local Development Plan (LDP) is referred to Council for consideration pursuant to clause 52 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Deemed Provisions).
The LDP has not been advertised for public comment under clause 50 of the Deemed Provisions as Officers are satisfied that there is no adverse effect on any owners or occupiers of adjoining land in the area, and it is therefore recommended that Council support the proposed LDP.
Background
Site Description
Lot 9001 (No. 107) Leisure Drive, Australind is zoned “Residential Development” under the Shire’s District Planning Scheme No. 1 (the Scheme) and is located within the Kingston Estate. The overall site has an area of 83.2ha and the development site for Stage 1 is approximately 23ha (refer Attachment 2). The site is indicated as ‘Retirement Village’ on the Kingston Estate Structure Plan (2014) and the zoning is ‘Urban’ under the Greater Bunbury Region Scheme (GBRS).
Site History
• Shown as ‘Aged Persons Site’ on Kingston Outline Development Plan 28 February 2000. • Approved as a Use Not Listed ‘Park Home Park’ (for persons aged 50 and over) approved on 27 November 2018. • Western Australian Planning Commission granted approval for a 60-year lease for a ‘Lifestyle Village’ under sections 136 and 139 of the Planning and Development Act 2005 (The Act). • Caravan Park (Park Home Park) Licence issued 18 November 2019 for the Stage 1 Area, which is due to expire on 18 November 2020. • Current approval ‘Aged Persons’ Village’, approved 28 February 2020.
Proposal
The objectives of the proposed LDP include to:
• Vary development standards for an Aged Persons’ Village on a single Certificate of Title under the R30 provisions of the Residential Design Codes (R-Codes); and
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• Incorporate the Aged or Dependent Persons’ Dwellings Design Principles under Clause 5.5.2 of the R-Codes;
The LDP proposes to vary the following R-Codes provisions: Table 1 – Proposed R-Codes Variations
Deemed-to-comply Clause Proposed Variation Justification 5.1.2 Street Setback Dwellings shall be orientated • The dwellings are towards the internal street C2.1 Buildings set back from made up of 1, 2 or 3 and shall have a 2m average the primary street boundary: modules that are up to setback from the front 15m in length and up boundary. to 4.5m in width. iv. in the case of areas coded • Lots are an average R15 or higher, where: size of 12.5m x 21.5m • a single house or • The modules are grouped dwelling generally stepped at (where that grouped the front to achieve dwelling is not visual interest. adjacent to the primary street), has • The proposed 2m its main frontage to a average from the front communal street, boundary allows for right-of-way or shared better utilisation of the pedestrian or vehicle length of the block. access way; • Outdoor living areas • the street setback area located down the may be reduced to side of all dwellings, so 2.5m, or 1.5m to a the rear setback is porch, verandah, also not required. balcony or the equivalent (refer Figure 2b and 2d);
5.1.3 Lot Boundary Setbacks Side and rear boundary • The dwellings are setbacks may be a minimum designed and sited to of 1m from lot boundaries take into account what C3.1 Buildings which are set where it can be demonstrated is on the lot next door. that it does not impact on the back in accordance with the • No dwellings will be following provisions, subject solar access or visual privacy of an existing adjoining approved with air- to any additional measures in conditioning units other elements of the R- residence or outdoor living area. facing the adjoining Codes: outdoor living area, and no outdoor living iii. separate single house, areas are adjoining grouped or multiple dwelling indoor habitable areas. buildings on the same site, or • Where these criteria facing portions of the same can be met, the multiple dwelling building, set dwellings may be back from each other as located 1m from the though there were a boundary. boundary between them;
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5.2.1 Setbacks of Garages • The dwellings • Carports shall be setback and Carports predominantly from front boundaries incorporate double 1.5m. open carports to the • Roller doors to the front of primary street carports/garages are only frontage. permitted where they are • The designs are free setback a minimum of 2m standing and designed or greater from the to incorporate skillion internal street, and shall and gable designs that be automatic lifting. Roller complement the doors to carports closer to roofline of the homes. road than 2m are subject • Most homes are to separate development designed to approval by Shire. accommodate four- wheel drive vehicles undercover within the front setback or two vehicles side by side. • If an occupant wants a roller door, the setback is increased to a minimum of 2m from the kerb to increase the safety of entering and exiting the garage. • The site consists of all private internal roads with a maximum speed limit of 10km p/hour.
Advertising
Pursuant to Clause 50(3) of the Deemed Provisions, the LDP has not been advertised to the public as Officers are satisfied that the plan in not likely to adversely affect any owners or occupiers within the adjoining area.
Comment
Proposal
• Kingston Estate Structure Plan (2014) requires further detailed planning for the area, resulting in the requirement for the subject LDP; • The LDP is required as a condition of Development Approval under P28/20 for an Aged Care Village (refer Attachment 3); • The zoning is Residential Development, and the Aged Persons’ provisions of the R- Codes are applicable to the site; • The LDP varies deemed-to-comply provisions for street setbacks, carport and garage setbacks and lot boundary setbacks; and • The development has a single Certificate of Title with a lease granted under section 136 of the Act to occupy land for a term exceeding 20 years.
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Discussion
No issues have been raised during the Officer’s assessment from other internal business units of the Shire.
The LDP enables timely processing of dwellings through the Planning and Building Business Units and sets up consistent assessment criteria for Stage 1 of the development, which is intended to be carried forward to future stages of works.
The development is a gated community with private internal roads, it is appropriate to apply consistent measures for varying the R-Codes for elements that would normally impact on a public streetscape. There are no implicated adverse impacts on the surrounding amenity.
Conclusion
It is recommended the proposed LDP be approved for Stage 1 of the Aged Persons’ Village to enable dwellings that comply with the LDP to proceed with Building Permits.
Statutory/Policy Environment
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
Part 6 — Local development plans 46. Term used: local development plan In this Part — local development plan means a plan setting out specific and detailed guidance for a future development including one or more of the following — (a) site and development standards that are to apply to the development; (b) specifying exemptions from the requirement to obtain development approval for development in the area to which the plan relates.
47. When local development plan may be prepared A local development plan in respect of an area of land in the Scheme area may be prepared if — (a) the Commission has identified the preparation of a local development plan as a condition of approval of a plan of subdivision of the area; or (b) a Local Development Plan requires a local development plan to be prepared for the area; or (c) an activity centre plan requires a local development plan to be prepared for the area; or (d) the Commission and the local government considers that a local development plan is required for the purposes of orderly and proper planning.
49. Action by local government on receipt of application (1) On receipt of an application for a local development plan to be assessed and advertised, the local government — (a) must consider the material provided by the applicant and advise the applicant in writing —
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(i) if the local development plan complies with clause 48(1); or (ii) if further information from the applicant is required before the local development plan can be accepted for assessment and advertising; and
(b) must give the applicant an estimate of the fee for dealing with the application in accordance with the Planning and Development Regulations 2009 regulation 48.
(2) The local development plan is to be taken to have been accepted for assessment and advertising if the local government has not given written notice of its decision to the applicant by the latest of the following days — (a) 14 days after receipt of an application; (b) 7 days after receipt of the further information requested under subclause (1)(a)(ii); (c) if the local government has given the applicant an estimate of the fee for dealing with the application — the day on which the applicant pays the fee.
50. Advertising of local development plan (1) The local government must, within 28 days of preparing a local development plan or accepting an application for a local development plan to be assessed and advertised — (a) advertise the proposed local development plan in accordance with subclause (2); and (b) seek comments in relation to the proposed local development plan from any public authority or utility service that the local government considers appropriate.
(2) The local government must advertise the local development plan in one or more of the following ways — (a) by giving notice of the proposed plan to owners and occupiers who, in the opinion of the local government, are likely to be affected by the approval of the plan, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is given to the person; (b) by publishing a notice of the proposed plan in a newspaper circulating in the Scheme area including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is published; (c) by publishing a notice of the proposed plan by electronic means in a form approved by the local government CEO including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is published; (d) by erection of a sign or signs in a conspicuous place on the land the subject of the proposed plan giving notice of the proposed plan for a period of not less than 14 days from the day on which the sign is erected including on each sign a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the sign is erected.
(3) Despite subclause (1) the local government may decide not to advertise a local development plan if the local government is satisfied that the plan is not likely to adversely affect any owners or occupiers within the area covered by the plan or an adjoining area.
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(4) The local government — (a) must make a local development plan advertised under subclause (1) and the material accompanying it available for public inspection during business hours at the offices of the local government; and (b) may publish the local development plan and the material accompanying it on the website of the local government.
52. Decision of local government (1) Following consideration of a proposed local development plan, including any amendments made to the plan to address matters raised in submissions, the local government must — (a) approve the local development plan; or (b) require the person who prepared the local development plan to — (i) modify the plan in the manner specified by the local government; and (ii) resubmit the modified plan to the local government for approval; or (c) refuse to approve the plan.
Shire of Harvey District Planning Scheme No.1
• Clause 5.1 Residential Development Requirements
• Table 4 – Zoning and Development Standards
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.3.1 states:
Continue to implement integrated environmental, social and land use planning which will: • minimise land use conflict.
Risk Management
The Risk Theme Profile identified as part of this report is Failure to Fulfil Compliance Requirements and Inadequate Engagement Practices. The Consequence could be Reputational or Compliance if the procedure identified in Part 6 of the Deemed Provisions is not followed or if an incorrect assessment of the proposal occurs. The risk is considered Minor and the likelihood Unlikely, given that Shire Officers have followed the identified procedures and the report has been thoroughly researched, peer reviewed and provided by a qualified Shire Officer. This results in a Low risk being present.
Budget Implications
The estimated development application fee for the processing of the LDP is $1,142 which is to be confirmed upon finalisation of the application.
All costs associated with advertising an LDP are at the expense of the Applicant.
Voting Requirement
Simple Majority.
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Officer’s Recommendation
That Council, pursuant to Schedule 2, Clause 52(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, approves the Local Development Plan for Stage 1 of the Aged Persons Site on Lot 9001 (No. 107) Leisure Drive, Australind as provided in Attachment 2.
Moved: Cr. Burgoyne Seconded: Cr. Dickinson
That Council, pursuant to Schedule 2, Clause 52(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, approves the Local Development Plan for Stage 1 of the Aged Persons Site on Lot 9001 (No. 107) Leisure Drive, Australind as provided in Attachment 2. Carried 13-0 20/261.
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Sustainable Development
Item No. 12.3.3 Subject: Application for a “Use Not Listed” (Animal Establishment) Proponent: Scout About Pet Care Location: Lot 67 (Unit 2/21) Sweny Drive, Australind Reporting Officer: Planning Officer (IF) Authorising Officer: Acting Director Sustainable Development File No.: A008259 Attachment Reg. No. 20/25611
Summary
An Application for Development Approval has been received for a “Use Not Listed” (Animal Establishment) on Lot 67 (No. 21) Sweny Drive, Australind (refer Attachment 1). At its meeting on 22 September 2020, Council considered the “Use Not Listed” and determined that it may be consistent with the objectives and purposes of the zone and the application was subsequently advertised. The application is now referred to Council as Officers do not have delegation to determine a “Use Not Listed” where adverse submissions have been received during public advertising.
It is recommended that the application be approved subject to appropriate conditions.
Background
Site Description
Lot 67 (No. 21) Sweny Drive, Australind is zoned “Light and Service Industry” under the Shire’s District Planning Scheme No. 1 (the Scheme) and is located within the Australind Light Industrial Area. The site is of regular shape with an area of 2,800m2 (refer Attachment 2).
The property consists of three tenancies with shared car parking at the front and an allocation of gravel laydown area for each tenancy adjacent to the main building.
Site History
The existing building on site was constructed in 1997. In 2010, Council granted Development Approval for a “Use Not Listed” (Purging and Processing of Yabbies and Marron) on the site. A Development Approval was also issued in 2013 for ‘Car Detailing and Automotive Works’.
There are currently two other tenants utilising the property; one concrete business and one private individual.
Proposal
The application proposes a dog day care facility which will operate Monday to Friday from 7:00am to 5:30pm from the middle tenancy (Unit 2) of the premises (refer Attachment 3). The Applicant has indicated that there will be a maximum of 15 dogs on the premises at any given time with owners coming to the property to drop-off and collect the dogs. Parking is proposed to be at the front of the property in the existing shared carpark. The Applicant will also have access to a portion of the laydown yard, which is intended to be fenced and grassed for supervised outdoor animal exercise.
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The proposed internal layout (refer Attachment 4) of the premises includes two separate enclosures, one for small dogs and one for large dogs. The floor plan also shows an area for merchandise and pet food sales, an office, kitchenette, fridge, storage areas and toilet. The Applicant has also shown an area within the premises for a hydrobath washing station and additional dog crates. Both of the internal enclosures will be fenced with areas of artificial lawn. Client access will be through a door on the northern side of the building, directly into the tenancy. The existing roller door will be fenced from the inside and will be able to be opened and closed as required.
The Applicant has provided details on their proposed noise and waste management methods which are included as Attachment 5.
The Applicant has advised that it is intended that the business includes three types of signs, a 1m x 1m sign on the fence at the front of the property (refer Attachment 6), a smaller sign on the entry door to the premises (refer Attachment 7) and a banner to be used at the front of the tenancy which will be taken in and out each day (refer Attachment 8).
The Applicant has further advised that there will be one to two staff on the premises during opening hours. At present there are 11 marked car parking bays on the property for communal use. With respect to parking, the Applicant has advised the following;
“I will be encouraging one of the staff members (be it me or someone else) to park at 'our' laydown area across from 'our' shed. That way that staff member won't be using a parking bay at the front. We want as little disruption to Easy Crete as possible, so by using our lay down area to park one of the cars we'll impact them as little as possible.
The clients will basically be just dropping off or picking up their doggy. We won't be encouraging clients to 'hang around' because we will be busy supervising the dogs and won't want to be distracted.
They also won't all arrive at the same time - some will come at 7am, some later - it just depends on whether they're dropping them before work or are just giving their doggy a day out. If just giving them a day out, they aren't likely to be there until around 9am.
We plan to close at 5.30pm, but again the pickup times will be different for everyone.”
Advertising
Pursuant to Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Deemed Provisions), the application was advertised to landowners within a 200m radius of the site and in the newspaper for a period of 21 days concluding on 20 October 2020. A total of six submissions were received with two supporting the proposal and four objecting to the proposal. A summary of the submissions received is provided in Attachment 9. The main points from the submissions are:
• Possible noise from barking dogs; • Issues with parking and congestion within the property; • The disposal of waste and waste water; • Possible odour issues; and • Welfare of the animals during the summer months, where temperatures in the shed can increase.
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Comment
Proposal
This proposal is being considered as an Animal Establishment, which is a “Use Not Listed” under the Scheme. Council determined at its meeting held 22 September 2020 that the use, Animal Establishment may be consistent with the Light and Service Industry Zone.
The Scheme provides the standard parking requirement for developments in the Light and Service Industry Zone as one space per 50m2 GFA. This proposal requires the availability of three car parking bays.
Advertising
During the advertising period, two submissions supporting the proposal and four submissions objecting to the proposal were received (refer Attachment 9). Upon receiving the objections, Officer’s contacted the Applicant to request additional information and supporting documentation to address the issues raised in the objections (refer Attachment 10).
The Shire’s Planning and Environmental Health Officers have since been working with the Applicant to ensure the issues raised are appropriately managed should the development be approved by Council.
Discussion
Council has previously determined that the use, Animal Establishment, may be consistent with the objectives of the Light and Service Industry Zone. The public advertising period raised a number of issues with the proposal, which have been satisfactorily addressed by the Applicant through consultation with Shire Officers.
Noise
The Applicant has advised that the facility will be managed to avoid excessive barking from the dogs. It should also be noted that this is not an overnight stay facility and there will be no noise from the dogs overnight. The Applicant has advised that they are prepared to install insulation, should there be any complaints regarding noise not being managed appropriately. The Shire’s Environmental Health Officers have confirmed that this will be sufficient and any issues that arise can be further managed accordingly.
Temperature Control
The Applicant has advised that the premises includes an air conditioning unit, the roller door will remain open for ventilation and there will be industrial fans located throughout the area if needed. The Shire’s Environmental Health Officers have confirmed this will be sufficient and should any further issues with temperature arise, management measures will need to be increased.
Waste Water Disposal
The Shire’s Environmental Health Officers are satisfied with the removal of waste water from the hydrobath as part of this proposal, as detailed in Attachment 10.
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Odour and Waste Removal
The Shire’s Environmental Health Officers are satisfied with the management of odour/waste as detailed in Attachment 10.
Parking
At present, there are 11 bays on the site to be shared amongst the three tenancies. The Applicant has advised one staff member will be parking in the hard stand area included in the lease for this tenancy and another will utilise one of the existing car parking bays at the front of the tenancy. Client vehicles will not be parked at the property for extended periods, as only drop off/pickups would be required. Client arrival times will also generally be staggered as drop off/ pick up will be dependent on work hours. Scout About Pet Care also offers a pickup service, where a staff member will pick up and drop off the dog from home.
Conclusion
It is recommended that the proposed “Use Not Listed” for an Animal Establishment be approved subject to conditions.
Statutory/Policy Environment
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
• Schedule 2 – Deemed Provisions, Section 64 – Advertising Applications:
“(1) An application for development approval must be advertised under this clause if the proposed development —“
“(b) relates to a use if —
(i) the use is not specifically referred to in the zoning table for this Scheme in respect of the zone in which the development is located; and (ii) the local government determines that the use may be consistent with the objective of that zone and that notice of the application should be given;”
“(3) The local government may advertise, or require the applicant to advertise, an application for development approval in one or more of the following ways —
(a) by giving notice of the proposed use or development to owners and occupiers of properties in the vicinity of the development who, in the opinion of the local government, are likely to be affected by the granting of development approval, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is given to the person;”
• Schedule 1- Part 6 cl.38 – Land use terms used in Scheme
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Animal Establishment: means a premises used for the breeding, boarding, training or caring of animals for commercial purposes but does not include animal husbandry- intensive or veterinary centre.
Shire of Harvey District Planning Scheme No.1
• Clause 4.2.4 – Zoning and Development Tables
“If the use of land for a particular purpose is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the interpretation of one of the land use categories the Council may: -
“(b) determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone and thereafter follow the advertising procedures of Clause 64 of the Deemed Provisions in considering an application consent. In approving such an application, the local government may apply any conditions or development standards it deems necessary.”
• Table 16 & 17– Zoning and Development Standards (Service and Light Industry):
Policy Statement: “Primarily industry which will not affect the amenity of nearby areas through the emission of wastes and which do not require independent power sources. A relatively high standard of building will be sought. Local government will coordinate the position of crossovers and landscaping on the street frontages of adjoining premises.”
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.3.1 states:
Continue to implement integrated environmental, social and land use planning which will: • minimise land use conflict.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Environmental, Financial, Reputational or Compliance if incorrect advice is given or a condition missed. The risk is considered Minor and the likelihood Unlikely, given that the report has been thoroughly researched, peer reviewed and provided by a qualified Shire Officer. This results in a Low risk being present.
Budget Implications
Nil.
Voting Requirement
Simple Majority.
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Officer’s Recommendation
That Council:
1. Approves the Application for Development Approval for a “Use Not Listed” (Animal Establishment) on Lot 67 (No. 21) Sweny Drive, Australind, subject to the following conditions:
1. The development and/or use shall be in accordance with the attached approved plans, subject to modifications required as a consequence of any condition(s) of this approval. The approved plans shall not be modified or altered without first obtaining approval from the Shire.
2. This approval is valid for a period of two years. If the development is not substantially commenced within this period, a new approval must be obtained before commencing or continuing development.
3. Three parking bays are required to be provided on the property. One of these bays is to be in the hard stand area included within the lease area as shown on the approved plan.
4. The use/development is not to interfere with the amenity of the locality or cause nuisance by reason of the emission of noise, vibration, smell, waste water, water products or otherwise.
5. Hours of operation shall be limited to Monday to Friday between the hours of 7:00am and 5:30pm.
2. Advises the Applicant of the following additional requirements that are not included as conditions of the approval:
1. The development the subject of this approval may also be regulated by the Building Code of Australia and a separate building permit must be granted before the development commences.
2. The Shire of Harvey advises that the development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions. Further information can be obtained from the Shire of Harvey’s Environmental Health Services on (08) 9729 0300.
Moved: Cr. Bromham Seconded: Cr. Campbell
That Council: 1. Approves the Application for Development Approval for a “Use Not Listed” (Animal Establishment) on Lot 67 (No. 21) Sweny Drive, Australind, subject to the following conditions: 1. The development and/or use shall be in accordance with the attached approved plans, subject to modifications required as a consequence of any condition(s) of this approval. The approved plans shall not be modified or altered without first obtaining approval from the Shire. 2. This approval is valid for a period of two years. If the development is not substantially commenced within this period, a new approval must be obtained before commencing or continuing development.
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3. Three parking bays are required to be provided on the property. One of these bays is to be in the hard stand area included within the lease area as shown on the approved plan. 4. The use/development is not to interfere with the amenity of the locality or cause nuisance by reason of the emission of noise, vibration, smell, waste water, water products or otherwise. 5. Hours of operation shall be limited to Monday to Friday between the hours of 7:00am and 5:30pm. 2. Advises the Applicant of the following additional requirements that are not included as conditions of the approval: 1. The development the subject of this approval may also be regulated by the Building Code of Australia and a separate building permit must be granted before the development commences. 2. The Shire of Harvey advises that the development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions. Further information can be obtained from the Shire of Harvey’s Environmental Health Services on (08) 9729 0300. Carried 12-1 20/262.
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Sustainable Development
Item No. 12.3.4 Subject: Approval of a Shed to a Dwelling Proponent: Mrs Barbra Anne Gore Location: Lot 24 (No. 6) Mackenzie Place, Australind Reporting Officer: Senior Environmental Health Officer Authorising Officer: Acting Director Sustainable Development File No.: A013313 Attachment Reg. No. 20/33477
Summary
A request has been received seeking the approval to convert an existing shed into a dwelling at Lot 24 (No. 6) Mackenzie Place, Australind (Attachment 1). Section 144 of the Health (Miscellaneous Provisions) Act 1911 (the Act), provides Council the authority to approve this conversion.
It is recommended that this application be approved subject to conditions.
Background
Lot 24 (No. 6) Mackenzie Place, Australind (Attachment 2) is 750m² in size and is zoned “Residential” under the Shire’s District Planning Scheme No. 1. It is surrounded by dwellings on all sides and the existing residence is connected to the main sewer line.
The 70m² shed is located at the rear of the property with a plastic rainwater tank connected for use in the garden.
Comment
Planning Comment
The application has been assessed by the Shire’s Planning Business Unit and it was deemed not to require development approval.
Health Comment
Pursuant to Section 144 of the Act, the Local Government may give consent for the building not erected as a dwelling to be converted into a dwelling.
Council has previously approved a number of sheds to dwelling conversions subject to conditions.
Health (Miscellaneous Provisions) Act 1911, Section 144
“144. Building not erected as dwelling not to be converted into one:
No person shall convert into or adapt or use a dwelling any building not originally constructed or erected as a dwelling-house, and no person shall let, or lease, or sublet, or sublease, or otherwise permit, whether for any consideration or gratuitously, the use of, the building as a dwelling, without having first obtained the consent of the Local Government of the district in which the building is situated, and complied (in case a conditional consent is given) with such conditions as the Local Government has seen fit to impose.”
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The structure is proposed to be converted to:
• Two bedrooms; • Kitchen and Lounge; • Bathroom/water closet/laundry; and • Carport
The amenities within this proposed shed conversion comply with the minimum requirements for a dwelling under the Act.
The ventilation of the building is required to comply with Sewerage (Lighting, Ventilation and Construction) Regulations 1971, and the Building Code of Australia.
Building Comment
The Shire’s Building Business Unit advises the following works would be required to convert the shed into a Class 1 habitable building:
• Damp proof reinforced floor construction; • Walls and ceilings are insulated to a minimum standard and lined; • Light and ventilation requirements; • Compliance with energy efficient provisions; and • Minimum ceiling height of 2.4m.
An application for a Building Permit has been submitted that satisfies the aforementioned requirements of the Building Code of Australia.
General Comment
It is to be noted that the Act can only address health related matters. The shed conversion could be made to comply with conditions required to make the building a Class 1 structure pursuant to the Building Code of Australia and the Health Act 1911.
Statutory/Policy Environment
Health (Miscellaneous Provisions) Act 1911, Section 144 and subsidiary regulations gives Council the authority to approve the conversion of a shed to a dwelling subject to appropriate conditions.
Sewerage (Lighting, Ventilation and Construction) Regulations 1971.
Building Code of Australia sets the requirements for a Class 1 building.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 2.3.1 (in part) and 4.3.4 state:
2.3.1 Continue to implement integrated environmental, social and land use planning which will: • minimise land use conflict.
4.3.4 Monitor and ensure compliance with the regulatory framework for local government business.
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Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/information. The Consequence could be Financial, Reputational or Compliance if an incorrect approval is given or a condition is missed. The risk is mitigated by the report being thoroughly researched, reviewed and provided by a qualified Shire Officer, resulting in Low risk being present.
Budget Implications
Nil.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council approves the conversion of the shed at Lot 24 (No. 6) Mackenzie Place, Australind to a dwelling pursuant to Section 144 of the Health (Miscellaneous Provisions) Act 1911, subject to a Building Permit being obtained that satisfies the following requirements of the Building Code of Australia: a. The floor being reinforced and damp proofed; b. Walls and ceilings being insulated to the minimum standard and lined; c. Compliance with lighting and ventilation requirements; d. Compliance with energy efficient provisions; and e. A minimum ceiling height of 2.4m being achieved.
Moved: Cr. Lovitt Seconded: Cr. Coleman
That Council approves the conversion of the shed at Lot 24 (No. 6) Mackenzie Place, Australind to a dwelling pursuant to Section 144 of the Health (Miscellaneous Provisions) Act 1911, subject to a Building Permit being obtained that satisfies the following requirements of the Building Code of Australia: a. The floor being reinforced and damp proofed; b. Walls and ceilings being insulated to the minimum standard and lined; c. Compliance with lighting and ventilation requirements; d. Compliance with energy efficient provisions; and e. A minimum ceiling height of 2.4m being achieved. Carried 13-0 20/263.
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Sustainable Development
Item No. 12.3.5 Subject: Proposed local road naming and re-naming for road alignments affected by the Bunbury Outer Ring Road Proponent: Main Roads Western Australia Location: Treendale Road, Roelands and Clifton Road, Brunswick Reporting Officer: Senior Planning Officer Authorising Officer: Acting Director Sustainable Development File No.: B000295 Attachment Reg. No. 20/33762
Summary
Council is requested to consider a list of road names to be submitted to Landgate’s Geographic Names Team (GNT) for the renaming and new naming of the proposal received by Main Roads WA, as presented in Attachment 1, for roads affected by the Bunbury Outer Ring Road (BORR).
Background
Main Roads WA (MRWA) have requested that the Shire commence the process of approving the renaming/new road names for the three local roads affected by the BORR within the Shire in accordance with Landgate’s document ‘Policies and Standards for Geographical Naming in Western Australia’ (2017). The request includes three portions of road detailed as follows:
1. The existing Clifton Road alignment between Forrest Highway and Howson Drive, Brunswick; 2. The existing Treendale Road alignment from the northern side of the proposed BORR to Raymond Road; and 3. The new link road that terminates the southern portion of the existing Treendale Road with the proposed Raymond Road intersection.
Comment
Rationale for proposed names
A naming proposal must comply with the following criteria in order to be considered:
• Prior or current ownership of land is not sufficient grounds for a road name; • A commemorative name shall not be used to commemorate victims of, or mark the location of, accidents or tragedies; • An identical or similar name shall not already exist within a radius of 50 kilometres; • Names of past or present local government serving officials will not be supported; • Names will not be supported after a person who has sponsored the development of the area, or was a commercial developer; • The initials of a given name shall not to be used in any instances; • Approval shall not be given to the naming of roads after commercial businesses, trade names and not-for-profit organisations.
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Road No. 1
The portion of Clifton Road between Howson Drive and Forrest Highway is proposed to terminate in a cul-de-sac head to provide street frontage to Lot 50 (No. 842) Clifton Road and emergency access from Forrest Highway. This portion of road is proposed to become an extension of Howson Drive.
Road No. 2
A letter was sent to all affected landowners of Road No. 2 where the portion of Treendale Road needs to be renamed, but the road alignment stays the same. The length of road is approximately 710m in length. There were six submissions received with suggested road naming options (Attachment 2). The submissions generally carried a common theme, which was to reflect the serene amenity of the area with the use of the word “Meadow”. One submission has been proposed to leave this portion of Treendale Road as it is currently named which cannot be supported as the road will be dissected by the BORR and be separate to the remaining portion of Treendale Road.
Table 1: Proposed Road Name, Theme and Origin
Preference Road Name Origin Source Original promotional campaign for 1. Meadow Land owner Meadow Landing Land Sales 2. Meadow River Amenity reference Land owner 3. Old Treendale Reflects the previous status Land owner 4. River Bend Location on the Collie River Land owner Existing Road name not to be 5. Treendale Road Land owner changed
Table 2: Alternative Road Names
Preference Road Name Origin Source Amenity reference – combination of the theme represented by the 6. Serene/ Serenity community consultation, in respect Shire of Harvey of the meadows, the river and the views. Settlement family – on the original 7. Still list of the Meadow Landing Street Shire of Harvey naming proposal from stage 1. Settlement family – on the original 8. Ottrey list of the Meadow Landing Street Shire of Harvey naming proposal from stage 1.
The proposed road names have been through a ‘preliminary validation’ process using Landgate’s online road name query via the Landgate website.
Landgate requires that all road name requests are submitted using an online system that queries proposed road names for their availability and their compliance. Names that do not pass the preliminary validation process are not automatically ruled out, so may still be included in the proposed list then further research and justification is required to demonstrate that they comply with the Policy standards. The results are shown in Table 3 below:
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Table 3: Preliminary Validation Results from Online Tool
Name Road Name Preliminary Reason Validation 1 Meadow Failed Road name exists within 50km. Meadow Lane in DARDANUP WEST Similar road name exists within 50km. Meadow View Road in GELORUP Meda Way in DALYELLUP Meotti Road in DONNYBROOK Medway Road in WARAWARRUP Mead Street in DONNYBROOK 2 Meadow River Failed Two words 3 Old Treendale Failed Two words 4 River Bend Failed Two words 5 Treendale Road Failed Duplication of existing 6 Serene/ Serenity Failed Similar road name exists within 50km. Serene Drive in GELORUP 7 Still Failed Road name exists within 50km. Still Road in COOKERNUP 8 Ottrey Passed N/A
Road No. 3
The new link road will form an extension of the existing Treendale Road and therefore is proposed to be dedicated as an extension of Treendale Road. As with Road No. 1, this is the process for an extension to an existing stretch of road without any intersecting points. This portion of Treendale Road is approximately 2.85km in length and is the majority of the existing road length, therefore the logical retention of the existing name, which meets the assessment criteria of the Guidelines as the road will still meet the definition for Road type.
Western Australian Land Information Authority (Landgate)
Policies and Standards for Geographical Naming in Western Australia (2017)
This Policy outlines the criteria for the naming of streets and places. Proposals submitted to GNC need to include a plan showing the extent of the proposed names and details of the origin of the names. Relevant sections of the Policy include:
Road Name Submission Process
Landgate accepts applications for new names relating to roads, localities, administrative boundaries and topographic features.
In addition, each road name proposal shall include the following information: • The reason for the proposal or name change; • Origin of each road name and its source; • A location by local government, locality and estate name if known; • Identification on a map clearly indicating extent and precise start and end points; • Photographs or sketches; • Any other supporting information such as historic articles, reference materials, publications etc;
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• Where applicable, evidence of landowner, family or community support; • If the name is Aboriginal in origin, evidence of support from relevant Aboriginal Community; and • If the application is for a renaming, evidence of consultation from the affected residents and property owners is required.
Conclusion
• Road No. 1 is designed as an extension of Howson Drive, with a curve in the road that will join the two roads into one. This automatically makes it an extension of Howson Drive. Should the design change and an intersection is created, the existing portion of Clifton Road that remains will be unnamed unless a street address is required. • Road No. 2 – recommended names as per Tables 1 and 2. • Road No. 3 – the logical conclusion is the extension of Treendale Road as per the Officer’s comments.
Statutory/Policy Environment
Land Administration Act 1997
The naming of a road or feature is carried out under the Land Administration Act 1997 which is supported by policies and standards which set out the process.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.3.4 states:
Monitor and ensure compliance with the regulatory framework for local government business.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational if incorrect information is provided and the opportunity to nominate a candidate was lost. The risk is considered Minor and the likelihood Unlikely, given that a report has been generated for Council’s consideration with sufficient time for a nomination to be made. This results in a Low risk being present.
Budget Implications
Nil.
Voting Requirement
Simple Majority.
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Officer’s Recommendation
That Council supports the following submissions to Landgate’s Geographic Names Team as presented in Attachment 1:
• Road No. 1 – To rename the portion of Clifton Road and its realignment as an extension of ‘Howson Drive’.
• Road No. 2 – Rename to ‘Meadow’ with appropriate road extension such as Lane or Court with the following alternative names: o Serenity o Still o Ottrey
• Road No. 3 – Name the new alignment as an extension of ‘Treendale Road’.
Moved: Cr. Burgoyne Seconded: Cr. Dickinson
That Council supports the following submissions to Landgate’s Geographic Names Team as presented in Attachment 1: • Road No. 1 – To rename the portion of Clifton Road and its realignment as an extension of ‘Howson Drive’. • Road No. 2 – Rename to ‘Meadow’ with appropriate road extension such as Lane or Court with the following alternative names: o Serenity o Still o Ottrey • Road No. 3 – Name the new alignment as an extension of ‘Treendale Road’. Carried 13-0 20/264.
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Cr. Jackson left the Chamber at 4.57pm
Sustainable Development
Item No. 12.3.6 Subject: Proposed Tourism Development Strategy, and Visitor Servicing and Signage Strategy Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Economic Development Officer Authorising Officer: Acting Director Sustainable Development File No.: B000348 & B000353
Summary
This report recommends that Council endorses the revised scope for the Shire Tourism Development Strategy (refer Attachment 1) and Visitor Servicing and Signage Strategy (refer Attachment 1) and requests the Chief Executive Officer prepare draft strategies and supporting documents to be presented to Council at its meeting to be held May 2021.
Background
A report to the Council Meeting held on 26 May 2020 put forward a draft plan to implement the Shire’s Economic Development Strategy (EDS) and Council resolved as follows:
That Council:
1. Subject to the availability of funding, endorses the draft plan as attached to implement the Shire’s Economic Development Strategy;
2. Lists for consideration of funding in its 2020-21 draft Budget an allocation of $49,000 for Economic Development activities described in this report;
3. Receives a further report at the June 2020 Council Meeting on the proposal to develop a strategy for tourist information bays and signage;
4. As part of its forthcoming budget deliberations considers the appointment of an Economic Development Officer to facilitate the delivery of the Shire’s Economic Development Strategy; and
5. Requests the Chief Executive Officer to provide an annual review and status report on the implementation of the Shire’s Economic Development Strategy.
One of the important priorities included in the Shire’s EDS is Action 3.1, “Develop a local Tourism Development Plan that builds on and leverages regional tourism development strategies.” This Action was initially proposed to be undertaken in 2021-2022 however, at the Meeting held on 23 June 2020 Council resolved to allocate $40,000 of the draft Budget for Action 3.1 of the Shire’s Economic Development Strategy to “Develop a local Tourism Development Plan” to be completed by 28 February 2021 and include a review of the Harvey Visitors Centre.
In addition, a report to the Council Meeting held on 23 June 2020 to develop a Tourist Visitor Information Bays and Signage Strategy for the Shire and Council resolved as follows:
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That Council, subject to any proposed changes to the scope of the study as outlined in this report, requests the Chief Executive Officer to invite quotations and select a consultant to develop a strategy for tourist information bays and signage within the Shire
An allocation of $20,000 is included in the Shire’s 2020-2021 Budget for the development of the Tourism Information Bays and Signage Strategy for the Shire.
At its meeting held on 25 August 2020, Council resolved as follows:
That Council:
1. Endorses the scope for the Shire of Harvey’s Local Tourism Development Strategy.
2. Appoints the following persons onto the Local Tourism Development Strategy Working Group:
• Cr. Dickinson • Cr. Lovitt; • Chief Executive Officer or delegate; • Director Sustainable Development or delegate; • Director Community and Lifestyle; • Manager Place; • Manager Special Projects; and • Marketing and Communications Officer.
3. Invites nominations to serve on the Working Group from:
• One representative from the Harvey District Tourist Bureau; • Two representatives from the local tourism industry; and • One representatives from the Bunbury-Geographe Tourism Partnership.
4. Requests the Chief Executive Officer to prepare a draft Local Tourism Development
At the same meeting, Council further resolved:
1. Appoints the following persons onto the Tourist Information Bay and Signage Strategy Working Group:
• Cr. Coleman; • Cr. Lovitt; • Cr. Adams; • Chief Executive Officer or delegate; • Director Infrastructure Services or delegate; • Director Sustainable Development or delegate; • Director Community and Lifestyle or delegate; • Manager Special Projects; • Marketing and Communications Officer; • Corporate and Community Engagement Officer; and • Projects Officer – Community Development.
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2. Invites nominations to serve on the Working Group from:
• One representative from the Harvey District Tourist Bureau; • Two representatives from the local tourism industry; and • One representative from the Bunbury-Geographe Tourism Partnership.
3. Requests the Chief Executive Officer to prepare a draft Tourist Information Bay and Signage Strategy to be presented to Council at its meeting in January 2021.
In response, the Tourist Information Bays and Signage Strategy Request for Quotation (RFQ) was advertised and received no responses (refer Attachment 2). The Local Tourism Development Strategy RFQ was prepared but not released (refer Attachment 3).
On 2 November 2020, the Economic Development Officer (EDO) position was filled and tasked with the responsibility of delivering the Local Tourism Development Strategy and the Tourist Information Bays and Signage Strategy.
Comment
Combined RFQ Process and Budget
On further investigation, the EDO and respective Working Groups identified considerable overlap in the strategy consultation process for the consultant, stakeholders and the tourism industry, resulting in inefficient use of resources.
Subject to further input from Council, the Local Tourism Development and Tourist Information Bays and Signage Strategy Working Groups and their respective budgets will merge, forming the Tourism Development Strategies Working Group.
To attract quality consultants and to avoid duplication, the RFQ will seek to appoint a suitable consultant to deliver the both the Tourism Development Strategy and Visitor Servicing and Signage Strategy.
Revised RFQ Scope
The Working Group has revised the scope of the RFQ, providing more detail on the required deliverables (refer Attachment 1).
Additionally, to understand how visitors access and use visitor information, the review of the Australind and Harvey Visitor Centres will be moved from the Tourism Development Strategy and included in the renamed Visitor Servicing and Signage Strategy. This will also include a review of Visitor Information Bays.
Statutory/Policy Environment
Policy 3.2.1 Tourism – Objectives and Policy Document Guidelines identifies tourism policy objectives and activities to support tourism within the Shire. This proposal to develop a Tourism Strategy and a Visitor Servicing and Signage Strategy would complement the Council’s policy.
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Strategic Framework
Within the Shire’s Strategic Community Plan 2017-2027, Strategy 1.2.2 states:
Develop a signage, information and way-finding strategy for the whole of the Shire which is Tourist friendly.
Within the Shire’s Economic Development Strategy, Action 3.1 states:
Develop a local Tourism Development Plan that builds on and leverages regional tourism development strategies.
Risk Management
The Risk Theme Profile identified in relation to this item is Inadequate Engagement Practices. The Consequence could be Reputational if there is inadequate consultation with relevant stakeholders regarding the preparation of the proposed Strategies. The Risk has been mitigated by including a requirement for consultation with stakeholders in developing the draft Strategies and seeking public comment prior to adoption. The Risk Consequence is considered to be Moderate and the Likelihood Unlikely resulting in a Moderate level of risk.
Budget Implications
An allocation of $40,000 has been included in the Shire’s 2020-2021 Budget for the previously proposed Local Tourism Development Strategy.
In addition, an allocation of $20,000 has also been included in the Shire’s 2020-2021 Budget for the previously proposed Visitor Information Bays and Signage Strategy development.
It is proposed that the above funding allocations merge.
The proposed timeline delays the launch of the Strategies from February to May. It is however anticipated that a potential understanding of future budget requirements will be available in time for the Shire’s Budget review.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council:
1. Endorses the following:
(a) Merging the Local Tourism Development Strategy and Tourist Information Bays and Signage Working Groups and their respective budgets, forming the Tourism Strategies Working Group;
(b) Revising the name of the Tourist Information Bays and Signage Strategy to the Visitor Servicing and Signage Strategy;
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(c) Revising the name of the Local Tourism Development Strategy to Tourism Development Strategy;
(d) Including the review of the Harvey and Australind Visitor Centres being included in the Visitor Servicing and Signage Strategy;
(e) Revising the scope for the Tourism Development Strategy and the Visitor Servicing and Signage Strategy as contained in Attachment 1; and
2. Requests the Chief Executive Officer to prepare a draft Tourism Development Strategy and a draft Visitor Servicing and Signage Strategy to be presented to Council at its meeting in May 2021.
Moved: Cr. Adams Seconded: Cr. Bromham
That Council: 1. Endorses the following: (a) Merging the Local Tourism Development Strategy and Tourist Information Bays and Signage Working Groups and their respective budgets, forming the Tourism Strategies Working Group; (b) Revising the name of the Tourist Information Bays and Signage Strategy to the Visitor Servicing and Signage Strategy; (c) Revising the name of the Local Tourism Development Strategy to Tourism Development Strategy; (d) Including the review of the Harvey and Australind Visitor Centres being included in the Visitor Servicing and Signage Strategy; (e) Revising the scope for the Tourism Development Strategy and the Visitor Servicing and Signage Strategy as contained in Attachment 1; and 2. Requests the Chief Executive Officer to prepare a draft Tourism Development Strategy and a draft Visitor Servicing and Signage Strategy to be presented to Council at its meeting in May 2021. Carried 12-0 20/265. Cr. Jackson entered the Chamber at 4.58pm
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Corporate Services
Item No. 12.4.1 Subject Listing of Accounts Paid – September 2020 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Finance Authorising Officer: Director Corporate Services File No.: FMS006
Summary
Presented by way of attachment is a listing of payments for goods and services for September 2020. It is recommended that Council note the attached payments.
Background
Pursuant to Section 5.42 of the Local Government Act 1995 (Delegation of some powers and duties to CEO), Council has resolved to delegate to the Chief Executive Officer (Delegation No: 2.2.1) the exercise of its powers to make payments from the municipal and trust funds.
As a result of this delegation there is a requirement under the Local Government (Financial Management) Regulations 1996, Regulation 13(3) for a list of payments to be prepared and presented to Council.
Comment
The list of accounts paid for the period of September 2020 is presented as an attachment to this report, as summarised below.
Voucher Amount Schedule of Accounts Municipal EFT 51510 - EFT 51974 $2,755,671.28 117072 - 117087 $71,532.74 DD21144.1 - DD21292.19 $212,914.23 CBA Credit Card $1,890.02 Electronic Funds Submitted $1,363,950.25 Total $4,405,958.52
Statutory/Policy Environment
Local Government (Financial Management) Regulation 1996, Regulation 13 prescribes the reporting of payments to Council.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.3.4 states:
Monitor and ensure compliance with the regulatory framework for Local Government Business.
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Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. There is no Consequence associated as Council is receiving financial information only with no recommendation on action or intervention.
Budget Implications
The payments listed above have been budgeted for in the Shire’s 2020 – 2021 Budget.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council notes the above list of accounts paid for the period of September 2020 totalling $4,405,958.52.
Moved: Cr. Simpson Seconded: Cr. Campbell
That Council notes the above list of accounts paid for the period of September 2020 totalling $4,405,958.52. Carried 13-0 20/266.
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Corporate Services
Item No. 12.4.2 Subject: Financial Statements as at 30 September 2020 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Finance Authorising Officer: Director Corporate Services File No.: CC/C/062
Summary
Presented by way of attachment are the Financial Statements as at 30 September 2020.
The following key balances are provided to assist in reporting the Shire’s financial performance.
AC T U AL BUDGET VARIANCE 30 September 2020 2020 - 2021 Statement of Financial Performance Ordinary Revenue $31,293,514 $43,575,228 $12,281,714 Ordinary Expenditure $11,076,567 $50,057,783 $38,981,215 Capital Revenue $434,055 $8,809,126 $8,375,071 Capital Expenditure $1,312,498 $14,004,898 $12,692,400 End of Period Profit / (Loss) $24,780,610
Statement of Financial Position Current Assets $62,067,456 Net Assets $569,722,340
It is recommended Council receive the Financial Statements (refer Attachment 1).
Background
In accordance with the provisions of Section 6.4 of the Local Government Act 1995, and Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, a local government is to prepare each month a Statement of Financial Activity (refer Attachment 1) reporting on the revenue and expenditure as set out in the Annual Budget under Regulations 22 (1)(d) for the month.
Comment
Rates Revenue Rates revenue of $22 million and rubbish rates of $3.4 million was generated in August, with the due date of rates being 25 September 2020. Over 74% of rates were paid by the due date, compared to prior years of approximately 69%. The Shire has not increased the property and rubbish rates, rate in the dollar from 2019 - 2020 in an effort to provide some relief to rate payers.
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Cash Flow and Interest Earnings The Shire holds by way of cash and term deposit $17.5 million in Municipal Funds, $7 million in Trust Funds and $28 million in Reserve Funds. The average interest rate on these funds is 0.82%. New term deposits are attracting a very low interest rate for 90 days of approximately 0.55%.
Operating Grants and Subsidies 59% of the 2020 - 2021 Financial Assistance Grants has been received with $1.99 million included in General Revenue.
Employee Costs The financial statements reflect the first three months of the financial year, and it is anticipated employee costs will remain on budget and in line with the Workforce Plan.
Materials, Contracts, Utilities and Other Expenses The financial statements reflect the first quarter of the financial year, and it is anticipated the Shire will operate within its means and in line with the Shire’s adopted 2020 - 2021 Budget.
Capital Expenditure The Shire has budgeted to spend $24 million on capital projects throughout the Shire in 2020 - 2021. Capital works have commenced in a number of areas including road and footpath projects as well as building works and recreation works. Expenditure totalling approximately $1.3 million for these works has been reported at the end of September. As more projects are completed and as the Shire is invoiced for those works the level of reported expenditure will increase.
Attached to the Agenda is the Financial Report for the reporting period which includes the following:
• Statement of Financial Performance • Statement of Financial Position • Notes to the Statement of Financial Performance and Financial Position • Total Municipal Revenue and Expenditure - graph • Statement of Cash at Bank – Loans • Statement of Cash at Bank – Reserves • Statement of Cash at Bank – Bonds and Deposits • Statement of Cash at Bank – Trust • Current Ratio – graph • Outstanding Rates – graph • Aged Debtors Summary - graph • Current Account Coverage – graph • Statement of Investments • Detailed Quarterly Accounts
The Notes to the Statement of Financial Performance as well as the Notes to the Statement of Financial Position (as attached) include additional information reported on a by Program basis identifying reasons for variances between budgets and actuals.
Statutory/Policy Environment
Section 6.4 of the Local Government Act 1995, requires financial reports to be prepared as prescribed.
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Local Government (Financial Management) Regulation 1996, Regulation 34 prescribes the monthly financial reporting requirements of Council.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.3.4 states:
Monitor and ensure compliance with the regulatory framework for Local Government Business.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Financial, Reputational or Compliance if the financial statements are not reported accurately, timely or in the required format. The risk is mitigated by Council receiving financial statements on a monthly basis and in a form that is in accordance with the Local Government Act 1995 and associated Regulations, resulting in a Low risk being present.
Budget Implications
Review of the monthly accounts aids in ensuring works and services are undertaken and the Shire operates within its adopted Budget.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council receives the Financial Statements as at 30 September 2020.
Moved: Cr. Coleman Seconded: Cr. Simpson
That Council receives the Financial Statements as at 30 September 2020. Carried 13-0 20/267.
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Community and Lifestyle
Item No. 12.5.1 Subject: The Boundary (Harvey Community and Sporting Facility) – Proposed Memorandum of Understanding Proponent: Shire of Harvey Location: Harvey Recreation and Cultural Centre Reporting Officer: Manager Harvey Recreation and Cultural Centre Authorising Officer: Director Community and Lifestyle File No.: A001861
Summary
The report outlines a proposed Memorandum of Understanding (MOU) for The Boundary, previously known as the Harvey Community and Sporting Facility, and recommends that Council approves the MOU for an initial term of 12 months, beginning 1 July 2021.
A proposed Management Model was presented to Council Agenda Briefing on 15 September 2020. The Officers recommendation was withdrawn, seeking further information and clarification of specific matters of concern. The proposed MOU and report is the resulting document.
Background
Lot 100, 67-93 Young Street, Harvey is freehold land vested in the Shire of Harvey. On the land is a built complex known as the Harvey Recreation and Cultural Centre (HRCC) that incorporates a recreation centre and indoor courts, a cultural centre, kiosk and other services. It also incorporates The Boundary (also known as the Harvey Community and Sporting Facility). The Boundary includes the community area, kiosk, storage room, meeting room, change facilities, outdoor change rooms, umpire room, first aid room and outdoor viewing platform.
Planning for The Boundary first commenced in 2007 when a number of local clubs and community groups commenced discussions on the possibility of developing a multi-purpose shared use facility to meet current and long term needs of club and community at the HRCC. A Needs and Feasibility Assessment was endorsed by Council in June 2013 and the funding model was endorsed in June 2014.
Construction of The Boundary was completed in August 2020. The Shire, together with sport and community organisations, have been actively using The Boundary for a cultural centre dinner and a show and meetings. The summer sport season opener in October was a soft launch of the facility with members of community making use of the new space. An official opening is scheduled for Friday 27 November 2020 at 5pm, by Nola Marino MP.
Comment
The primary outcomes for constructing The Boundary in Harvey was to provide a multi- purpose shared facility for use by sport, recreation, civic, cultural and community use.
- Page 87 - Ordinary Council Minutes 24 November 2020
In establishing the terms of use for this new facility in a way that is inclusive and equitable for all residents and ratepayers in the Shire, meetings were held with sporting and other user groups to develop a Memorandum of Understanding (MOU) that incorporates the practical considerations relating to capital and operating management, procurement for fees and charges and the day to day functionality of shared used.
The engaged clubs and organisations have decided to form an incorporated body to be known as The Boundary Inc. that will invite membership from user groups of the facility to form and consider the day to day functionality of shared use. They will be the champions of the site to ensure the key objectives and principles outlined in item three of the MOU are upheld.
The key objectives and principles outlined in item three of the MOU state:
(a) The parties to this MOU acknowledge that whilst this MOU is not legally binding, it is made in good faith to support inclusive and equitable access.
(b) The parties to this MOU encourage acceptance and inclusivity in the interest of consistency and fairness.
(c) Flexibility and innovation is encouraged to maximise the opportunities for both winter and summer utilisation.
(d) The parties to the MOU agree to support practical considerations relating to shared facilities, fixtures and scheduling.
(e) Improved usage and improved and better maintained facilities for use that provide stronger social networks between clubs and community, together with opportunities to encourage community involvement and increase participation in civic, community and sporting events and initiatives.
Whilst The Boundary Inc. is in progress towards achieving incorporation, which can be a minimum three-month process, the Shire has agreed to work in partnership with user groups to trial the management and operation of The Boundary until the period 30 June 2021.
At the time of receiving incorporation, and no later than 1 July 2021, the MOU will be signed and the Shire and The Boundary Inc. will use the financial year of 2021-22 as an opportunity to pilot and measure the running costs of The Boundary. This is a due diligence step to establish a robust methodology for setting fair and equitable fees and charges, whilst empowering community groups to derive an income that supports their operations. Financial management is outlined in item six of the MOU.
At completion of the first full financial year of operating, the terms of the MOU will be reviewed and if no difficulties have arisen from the management relationship between the Shire and Boundary Inc, the MOU will be renewed for a further five years.
The processes outlined above have been achieved through collaborative decision making with interested parties and provide their full support for achieving success through these mechanisms.
- Page 88 - Ordinary Council Minutes 24 November 2020
Statutory/Policy Environment
N/A.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 3.1.2 and 4.5.1 state:
3.1.2 Continue to engage local community groups to understand needs, improve facilities and source grant funding.
4.5.1 Maximise Shire grant funding
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational if Council decided not to support the proposal. The risk is considered Moderate and the likelihood Unlikely, resulting in a Low level of risk.
Budget Implications
The Shire’s 2021-2022 Budget will include a $5,000 fee from The Boundary Incorporated for the use of The Boundary (the Harvey Community and Sporting Facility). Included in the 2020-21 Budget is a forecast revenue of $6,000 however until an MOU is in place revenue will not be collected.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council endorses the Memorandum of Understanding for The Boundary (Harvey Community and Sporting Facility) as described in this report, for a 12-month period beginning 1 July 2021.
Moved: Cr. Beech Seconded: Cr. Burgoyne
That Council endorses the Memorandum of Understanding for The Boundary (Harvey Community and Sporting Facility) as described in this report, for a 12-month period beginning 1 July 2021. Carried 13-0 20/268.
- Page 89 - Ordinary Council Minutes 24 November 2020
Community and Lifestyle
Item No. 12.5.2 Subject: Australia Day Awards - 2021 Proponent: Various Nominees Location: Shire of Harvey Reporting Officer: Community Development Officer (CC) Authorising Officer: Director Community and Lifestyle File No.: C/A/012 & A001861
Summary
This report seeks consideration of the nominations for the 2021 Australia Day Awards to be presented at Australia Day functions held in Australind, Harvey and Brunswick Junction.
Background
Since 2003, the Australia Day Council (ADC) has coordinated the Community Citizen of the Year Awards (previously known as the Premier’s Australia Day Awards) in partnership with local governments throughout the State. The Awards comprise four categories:
• Community Citizen of the Year Award; • Senior Community Citizen of the Year Award; • Young Community Citizen of the Year Award; and • Active Citizen of the Year Award (community group or event).
Nominations for the 2021 Australia Day Community Citizen of the Year Awards opened 1 September and closed 31 October 2020. Nominations are required to be submitted to the Australia Day Council by 7 December 2020.
The Shire’s Awards, Honours and Prizes Advisory Group met on 9 November 2020 to consider the nominations and recommend award recipients in the various categories. A copy of the Minutes of that meeting are attached to this report (refer Confidential Attachment 1).
Comment
The nominations for Australia Day Awards are included in Confidential Attachment 1.
Having assessed the nominations, the Advisory Group has recommended that the Shire endorse the nominations and these be forwarded to the Australia Day Council prior to the closing date.
Statutory/Policy Environment
Policy 3.1.1 relates to Honours and Awards.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 3.1.1 states:
Volunteer efforts are recognised through awards and functions.
- Page 90 - Ordinary Council Minutes 24 November 2020
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The consequence could be Reputational if the event does not go ahead. The Risk Consequence is considered to be Moderate and the Likelihood Unlikely resulting in a Moderate level of risk.
Budget Implications
The annual cost to be a member of the Australia Day Council and participate in the Australia Day Awards is $594.
Voting Requirement
Simple Majority.
Officer’s Recommendation:
That Council:
1. Endorses the nominations for the Australia Day Awards 2021 as per Confidential Attachment 1.
2. Presents the above awards at 2021 Australia Day functions held in the Shire with the announcement of the award recipients being embargoed until the awards have been presented.
Moved: Cr. Burgoyne Seconded: Cr. Coleman
That Council: 1. Endorses the nominations for the Australia Day Awards 2021 as per Confidential Attachment 1. 2. Presents the above awards at 2021 Australia Day functions held in the Shire with the announcement of the award recipients being embargoed until the awards have been presented. Carried 13-0 20/269.
- Page 91 - Ordinary Council Minutes 24 November 2020
13. Elected Members Motions of Which Previous Notice Has Been Given
Nil.
14. Notice of Motion for Following Meeting
Cr. Adams requested that the following Notice of Motion be placed in the Ordinary Council meeting Agenda for 22 December 2020.
That council, addressing the concerns of staff with regard to the unhealthy, overcrowded and allegedly dangerous conditions under which they work in an office considered entirely unfit for purpose, authorize the CEO to repurpose the demountable structure currently serving as the Harvey Council Chamber, into office space, with a view to assisting to alleviate the current office accommodation problem. This repurposing should be seen as an interim measure pending the building of a new office complex in the proposed Harvey town centre Precinct.
15. Questions by Members of Which Due Notice Has Been Given
Nil.
16. Reports of Members
Cr. Campbell reported on her attendance at the following:
• Lot 208 Youth Inc. board meeting • Morrissey Homestead board meeting • Cr. Campbell put forward her acknowledgment of the Leschenault Progress Association (LPA) for their efforts on the Community Day event. Congratulations was extended to the LPA and Shire staff on a well-attended event.
Cr. Bromham reported on his attendance at the following:
• Worsley Alumina Community Liaison Committee meeting. Cr. Bromham advised that Worsley are interested in assisting the Shire in a variety of ways.
Cr. Adams reported on his attendance at the following:
• Soft opening of the Treendale Farm Tavern • Opening of the new Australind SES building
Cr. Burgoyne reported on his attendance at the following:
• Soft opening of the Treendale Farm Tavern • Official opening of the Binningup Bush Fire Brigade building • Official opening of the Australind SES Headquarters
Cr. Beech reported on his attendance at the following:
• Harvey Community Resource Centre AGM • Alcoa Community Consultative Workshop • Harvey Recreation and Cultural Centre Memorandum of Understanding review • Remembrance Day Service at the Harvey War Memorial
- Page 92 - Ordinary Council Minutes 24 November 2020
• Official opening of the Binningup Bush Fire Brigade building • Official opening of the Australind SES Headquarters • Harvey Recreation and Cultural Centre Advisory Group meeting
17. Seal Register
Officer’s Recommendation:
That Council:
1. Notes the use of the Common Seal under Delegated Authority (1.1.1) in accordance with Council Policy (1.1.2) on the following items:
Prepared By • Notification 70A – Treendale Nominees Lot 9523 Treendale The Promenade DP416287 Nominees • Form A5 – Surrender of Easement Lot 9003 DaveRose Pty Ltd DP417454
2. Notes the use of the Common Seal on items previously authorised by Council as follow:
Prepared By • Transfer of Land Binningup Nominees to the Binningup Shire of Harvey Nominees • Loan Agreement – Brunswick River Cottages Lander Lawyers
Moved: Cr. Beech Seconded: Cr. Lovitt
That Council: 1. Notes the use of the Common Seal under Delegated Authority (1.1.1) in accordance with Council Policy (1.1.2) on the following items: Prepared By • Notification 70A – Treendale Nominees Lot Treendale 9523 The Promenade DP416287 Nominees • Form A5 – Surrender of Easement Lot 9003 DaveRose Pty Ltd DP417454 2. Notes the use of the Common Seal on items previously authorised by Council as follow: Prepared By • Transfer of Land Binningup Nominees to the Binningup Shire of Harvey Nominees • Loan Agreement – Brunswick River Cottages Lander Lawyers
Carried 13-0 20/270.
18. New Business of an Urgent Nature Introduced by Decision of Meeting
Nil.
- Page 93 - Ordinary Council Minutes 24 November 2020
19. Matters Behind Closed Doors
Moving Behind Closed Doors
Moved: Cr. Burgoyne Seconded: Cr. Campbell
That Council Moves Behind Closed Doors in accordance with Section 5.23 (2)(b) the personal affairs of any person. Carried 13-0 20/271.
Council moved behind closed doors at 5.06pm.
Item No. 19.1 Subject: Application for Exemption To Keep More Than The Prescribed Number of Dogs Proponent: Mr Joshua Prokesh Location: 12 McDowell Street Yarloop Reporting Officer: Coordinator Safety Services / Manager Waste and Safety Services Authorising Officer: Director Infrastructure Services File No.: A000475 Attachment Reg. No. 20/11607
Officer’s Recommendation
That Council approves the application from Mr Joshua Prokesh of 12 McDowell Street Yarloop, for an exemption from Clause 3.2, Shire of Harvey Dogs Local Law 2017, subject to the following conditions:
1. The exemption applies only to the dogs listed on the application and once any of the dogs are deceased, sold or otherwise disposed of, the exemption automatically lapses;
2. The exemption will automatically lapse on any offence relating to the Dog Act 1976, by the dogs or any person in charge of these dogs;
3. The property must be kept clear of all animal excreta using proper disposal methods;
4. Adequate cover and protection is available for the dogs at all times;
5. The dogs being at all times adequately confined in accordance with the Dog Act 1976;
6. Access is given to the Shire for annual inspections or more regularly if the Shire so determines;
7. The exemption may be revoked or varied at any time in a manner provided for in Section 26 (3) (c) of the Dog Act 1976; and
8. The exemption only applies to 12 McDowell Street Yarloop and should the Applicant move to another address or the dogs be relocated to another address the approval shall lapse.
- Page 94 - Ordinary Council Minutes 24 November 2020
Moved: Cr. Beech Seconded: Cr. Simpson
That Council approves the application from Mr Joshua Prokesh of 12 McDowell Street Yarloop, for an exemption from Clause 3.2, Shire of Harvey Dogs Local Law 2017, subject to the following conditions: 1. The exemption applies only to the dogs listed on the application and once any of the dogs are deceased, sold or otherwise disposed of, the exemption automatically lapses; 2. The exemption will automatically lapse on any offence relating to the Dog Act 1976, by the dogs or any person in charge of these dogs; 3. The property must be kept clear of all animal excreta using proper disposal methods; 4. Adequate cover and protection is available for the dogs at all times; 5. The dogs being at all times adequately confined in accordance with the Dog Act 1976; 6. Access is given to the Shire for annual inspections or more regularly if the Shire so determines; 7. The exemption may be revoked or varied at any time in a manner provided for in Section 26 (3) (c) of the Dog Act 1976; and 8. The exemption only applies to 12 McDowell Street Yarloop and should the Applicant move to another address or the dogs be relocated to another address the approval shall lapse. Carried 13-0 20/272.
- Page 95 - Ordinary Council Minutes 24 November 2020
Item No. 19.2 Subject: Application for Exemption To Keep More Than The Prescribed Number of Dogs Proponent: Mr Malcolm Watt Location: 23 Stallard Court Australind Reporting Officer: Coordinator Safety Services / Manager Waste and Safety Services Authorising Officer: Director Infrastructure Services File No.: A004137
Officer’s Recommendation
That Council refuses the application from Mr Malcolm Watt of 23 Stallard Court, Australind, for an exemption from Clause 3.2, Shire of Harvey Dogs Local Law 2017, due to the following
1. The objections received from three residents as to barking of the current dogs;
2. The potential impact on the neighbourhood amenity due to dogs barking/noise in this residential area;
3. The dogs are kept at the front of the property behind an open wire mesh fence;
In accordance with Section 26(1) of the Dog Act 1976 and Clause 3.2(2) (a) of Councils Dogs Local Law 2017 the Applicant is only permitted to hold two dogs at his property at 23 Stallard Way Australind.
Alterative Motion
Moved: Cr. Simpson Seconded: Cr. Bromham
That Council approves the application from Mr Malcolm Watt of 23 Stallard Court, Australind, for an exemption from Clause 3.2, Shire of Harvey Dogs Local Law 2017, subject to the following conditions: 1. The exemption applies only to the dogs listed on the application and once any of the dogs are deceased, sold or otherwise disposed of, the exemption automatically lapses; 2. The exemption will automatically lapse on any offence relating to the Dog Act 1976, by the dogs or any person in charge of these dogs; 3. The property must be kept clear of all animal excreta using proper disposal methods; 4. Adequate cover and protection is available for the dogs at all times; 5. The dogs being at all times adequately confined in accordance with the Dog Act 1976; 6. Access is given to the Shire for annual inspections or more regularly if the Shire so determines; 7. The exemption may be revoked or varied at any time in a manner provided for in Section 26 (3) (c) of the Dog Act 1976; and 8. The exemption only applies to 23 Stallard Court, Australind and should the Applicant move to another address or the dogs be relocated to another address the approval shall lapse. Carried 8-5 20/273.
- Page 96 - Ordinary Council Minutes 24 November 2020
Reason: Council believes that the lack of evidence to the source of noise leaves the Shire vulnerable to an appeal through the State Administrative Tribunal.
Returning from Behind Closed Doors
Moved: Cr. Burgoyne Seconded: Cr. Dickinson
That Council return from Behind Closed Doors. Carried 13-0 20/274.
Council returned from behind closed doors at 5.23pm.
20. Closure of Meeting
There being no further business to discus, the meeting was declared closed at 5.23pm.
I, Cr. Paul Gillett certify that the aforesaid Minutes of the meeting held on Tuesday, 24 November 2020, are a true and correct record of that meeting on Tuesday, 24 November 2020.
______
Cr. Paul Gillett Shire President
- Page 97 -
Ordinary Council Meeting Minutes
Harvey Council Chamber Tuesday, 27 October 2020 4pm
Ordinary Council Minutes 27 October 2020
Contents
1. Official Opening
2. Record of Apologies and Leave of Absence
3. Applications for Leave of Absence
4. Reading from a Book of Learning and Wisdom
5. Declarations of Members’ and Officers’ Personal Interest
6. Response to Previous Questions Taken on Notice
7. Public Question Time
8. Petitions/Deputations/Presentations
8.1 Footpath connecting South Western Highway and Hinge Road
8.2 Deputation addressing Confidential Item 19.1
9. Announcements by Presiding Member or CEO Without Discussion
10. Confirmation of Minutes
Ordinary Council Meeting – Tuesday, 22 September 2020
11. Receipt of Minutes and Recommendations from Committees
12. Officer’s Reports
12.1 Chief Executive Officer
Nil.
12.2 Infrastructure Services
12.2.1 Lot 200 (No.27) Young Street, Harvey, St Anne’s Catholic Primary 9 School - Proposed Road Widening & Dedication of Land - Shire of Harvey - Young Street, Harvey (A001799) 12.2.2 New Street Lighting at Lakes Parade - Shire of Harvey - Binningup 12 (A006245, A016443) 12.2.3 Gibbs Street, Harvey - Proposed ACROD Parking Bay Trial - Shire of 18 Harvey - Harvey (R000002) 12.2.4 Shire of Harvey Bushfire Risk Management Plan 2020-2025 - Shire of 20 Harvey
- Page 2 - Ordinary Council Minutes 27 October 2020
12.3 Sustainable Development
12.3.1 Application for a “Use Not Listed” (Rural Workers Accommodation) - 25 Galati Nominees Pty Ltd - Lot 51 (No. 60) Buffalo Road, Parkfield (A016283)
12.4 Corporate Services
12.4.1 Listing of Accounts Paid – August 2020 - Shire of Harvey (FMS006) 31 12.4.2 Financial Statements as at 31 August 2020 - Shire of Harvey 33 (CC/C/062)
12.5 Community and Lifestyle
12.5.1 Harvey War Memorial Interpretive Sign - Shire of Harvey 36 (P000004)
13. Elected Members Motions of Which Previous Notice Has Been Given
13.1 Notice of Motion - Cr Lovitt
13.2 Notice of Motion - Cr Adams
14. Notice of Motion for Following Meeting
15. Questions by Members of Which Due Notice Has Been Given
16. Reports of Members
17. Seal Register
18. New Business of an Urgent Nature Introduced by Decision of Meeting
18.1 Notice of Motion – Cr Coleman
18.2 SAT Review – Extractive Industry – The GM Giacci Family Trust – Lot 4 Binningup Road, Binningup (A002367/EX/007)
19. Matters Behind Closed Doors
19.1 SAT Invitation to reconsider Conditions of Development Approval Extractive Industry - Carbone Bros Pty Ltd - Lot 29 Tredrea Place, Myalup (A007913/EX/002)
20. Closure of Meeting
- Page 3 - Ordinary Council Minutes 27 October 2020
Shire of Harvey Council Minutes
Minutes of the Ordinary Council Meeting of the Harvey Shire Council, held in the Council Chamber, Young Street, Harvey, on Tuesday, 27 October 2020, commencing at 4pm.
Attendance
Shire President Cr. P. Gillett Cr. B. Adams Cr. P. Beech Cr. M. Boylan Cr. J. Bromham 6.22pm departed 6.26pm returned Cr. F. Burgoyne 4.05pm departed 4.21pm returned 5.35pm departed Cr. M. Campbell Cr. C. Carbone 4.05pm departed 4.21pm returned 5.35pm departed Cr. R. Coleman 6.24pm departed 6.26pm returned Cr. W. Dickinson Cr. A. Lovitt JP Cr. D. Simpson
Staff
Chief Executive Officer Ms. A. Riordan Director Corporate Services Mr. D. Winter Director Infrastructure Services Mr. R. Lotznicker Director Community and Lifestyle Ms. K. Davis Acting Director Sustainable Development Mrs. E. Edwards 5.09pm departed 5.10pm returned Manager Governance and Strategy Ms. K. Williams Manager Building Services Mr. M. Stewart 5.35pm departed Manager Information Services Mr. A. Ewing 5.36pm departed 6.25pm returned Manager Finance Ms. L. Davies 5.35pm departed Marketing and Communications Officer Ms. C. Moore Bush Fire Training Coordinator Ms. D. Walker 4.45pm departed Governance Officer – Compliance Ms. K. Hough Executive Assistant Miss. F. Schindler 6.01pm departed 6.06pm returned
There were 3 members of the public and 2 member of the press present.
- Page 4 - Ordinary Council Minutes 27 October 2020
Minutes
1. Official Opening
The meeting was declared open at 4pm.
Disclaimer
Members of the Public are advised that recommendations to Council contained within this Agenda can be subject to alteration. Applicants and other interested parties should refrain from taking any action until such time as written advice is received confirming Council’s decision with respect to any particular issue.
Any statement or insinuation of approval regarding any planning or development application made during an Agenda Briefing Session is not to be taken as notice of approval from the Shire. The Shire advises that anyone who has an application lodged with the Shire must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attached to the decision made by Council regarding the application.
An audio and/or visual record will be made of these proceedings to assist in the taking of minutes.
Acknowledgement of Country
The Shire of Harvey acknowledges the traditional custodians of the land and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.
2. Record of Apologies and Leave of Absence
Apologies
Cr. Jackson.
Leave of Absence
Nil.
3. Applications for Leave of Absence
Nil.
4. Reading from a Book of Learning and Wisdom
Read by Cr. Lovitt.
- Page 5 - Ordinary Council Minutes 27 October 2020
5. Declarations of Members’ and Officers’ Personal Interest
Cr. Burgoyne declared a Financial Interest in Item 19.1 - SAT Invitation to reconsider Conditions of Development Approval – Extractive Industry - Carbone Bros Pty Ltd - Lot 29 Tredrea Place, Myalup (A007913/EX/002). Cr. Burgoyne advised that his employer works in extractive industry and declared that he would leave the Chamber for the duration of the item.
Cr. Burgoyne declared a Financial Interest in Item 18.2 – SAT Review – Extractive Industry – The GM Giacci Family Trust – Lot 4 Binningup Road, Binningup (A002367/EX/007). Cr. Burgoyne advised that his employer works in extractive industry and declared that he would leave the Chamber for the duration of the item.
Cr. Carbone declared a Financial Interest in Item 19.1 - SAT Invitation to reconsider Conditions of Development Approval – Extractive Industry - Carbone Bros Pty Ltd - Lot 29 Tredrea Place, Myalup (A007913/EX/002). Cr. Carbone advised that his employer works in the extractive industry and declared that he would leave the Chamber for the duration of the item.
Cr. Carbone declared a Financial Interest in Item 18.2 - SAT Review – Extractive Industry – The GM Giacci Family Trust – Lot 4 Binningup Road, Binningup (A002367/EX/007). Cr. Carbone declared that he is the applicant on behalf of GM Giacci Family Trust and would leave the Chamber for the duration of the item.
6. Response to Previous Questions Taken on Notice
Nil.
7. Public Question Time
Nil.
8. Petitions/Deputations/Presentations
8.1 Footpath connecting South Western Highway and Hinge Road
Ms. Jasper presented a petition to the Chief Executive Officer, as tabled, requesting the Shire consider the construction of a footpath along the western side of South West Highway in the upcoming budget.
The Chief Executive Officer will provide to Council a report on the matter as part of the mid-year Budget review in line with the Shire of Harvey Local Law Standing Orders section 6.10(2).
Cr. Burgoyne and Cr. Carbone left the Chamber at 4.05pm.
8.2 Deputation addressing Confidential Item 19.1
Mr Fred Carbone addressed Council regarding Item 19.1- SAT Invitation to reconsider Conditions of Development Approval Extractive Industry - Carbone Bros Pty Ltd - Lot 29 Tredrea Place, Myalup (A007913/EX/002).
Cr. Burgoyne and Cr. Carbone entered the Chamber at 4.21pm.
- Page 6 - Ordinary Council Minutes 27 October 2020
9. Announcements by Presiding Member or CEO Without Discussion
Nil.
10. Confirmation of Minutes
Ordinary Council Meeting – Tuesday, 22 September 2020
Recommendation
That the Minutes of the Council Meeting held on Tuesday, 22 September 2020, as printed be confirmed as a true and correct record.
Moved: Cr. Adams Seconded: Cr. Coleman
That the Minutes of the Council Meeting held on Tuesday, 22 September 2020, as printed be confirmed as a true and correct record. Carried 12-0 20/230.
11. Receipt of Minutes and Recommendations from Committees
Nil.
- Page 7 - Ordinary Council Minutes 27 October 2020
12. Officer’s Reports
Chief Executive Officer
Nil.
- Page 8 - Ordinary Council Minutes 27 October 2020
Infrastructure Services
Item No. 12.2.1 Subject: Lot 200 (No.27) Young Street, Harvey, St Anne’s Catholic Primary School - Proposed Road Widening and Dedication of Land Proponent: Shire of Harvey Location: Young Street, Harvey Reporting Officer: Director Infrastructure Services Authorising Officer: Chief Executive Officer File No.: A001799
Summary
Shire Officers were recently made aware that a portion of pathway on the western side of Young Street adjacent to Lot 200 (No.27) Young Street Harvey is located on private property owned by the Roman Catholic Bishop of Bunbury and comprising St Anne’s Catholic Primary School.
The 2.1m wide concrete path was constructed 19 years ago within Lot 200 following approval granted by Council at its meeting held on 12 December 2000 on the basis that the school funded the works.
Offices sought advice on the best way forward and have met on several occasions with both representatives of the school and a consultant specialising in land matters.
Following those discussions, it was determined that the best way forward to satisfy statutory requirements is to leave the path in its current location and proceed with the dedication of the portion of land (which contains the path) for road purposes, as shown in Attachment 1.
Background
The verge area adjacent to Lot 200 Young Street has a gravel surface and is currently used by the adjoin school, and others, for perpendicular parking. This only possible as the path is located on private property allowing adequate room in the verge to accommodate parking.
Fenced basketball courts adjoin the path and recently a vehicle drove across the path and damaged a portion of the existing fencing. It was at that time that both the school and the Shire became aware that the path was in fact constructed on private property and as such the school, and not the local government, would be liable is a member of the public were to be injured while using the path.
Council at its meeting held on 12 December 2000 made the following decision regarding the matter: (refer Attachment 2)
“That Council advises St Anne’s Primary School that it supports the relocation of 80 to 90m of the footpath on Young Street, Harvey nad will undertake the works within the current financial year, on the basis of $4,500 funding being supplied by the school”.
- Page 9 - Ordinary Council Minutes 27 October 2020
Comment
Cadastral Survey
Upon being made aware of the matter, Officers engaged a licence surveyor to undertake a cadastral survey to determine the actual location of the path. It was determined that approximately 150m of path is located on private property (refer Attachment 1).
Options
Once the path location had been formally determined, several options to resolve the matter were investigated/discussed.
• Option 1: Remove the path and construct a new path within the existing road reserve; • Option 2: Leave the path where it is and take a management order over the portion of land comprising the path; and • Option 3: Leave the path were it is and incorporate the portion of land in question into the existing road reserve. Following an assessment of the advantages and disadvantages of each option it was decided that the best solution was Option 3.
Option 3 ensures that perpendicular parking can still be accommodated on the verge area and that the path is incorporated within the road reserve. It is also the most cost effective option.
Process
St Anne’s Catholic Primary School have indicated that they are prepared to cede the land comprising the path (430m2 as shown on Attachment 2) free of charge.
Also it has been determined that there will be no application fee payable to the WA Planning Commission (WAPC) if the subdivision application is for the sole purpose of “road widening”. This would result in a saving of approximately $3,450. The total cost to undertake the transfer and dedication of land is a $9,650 and would include the following:
• Landgate search fees/registration fees; • Prepare and execute documentation; • Licenced surveyor to establish and mark new boundary; and • WAPC application and application for new titles for lodgement at Landgate.
Discussion
It is considered that the recommended way forward will be a “win win” for both the school and the Shire for the following reasons:
• Estimated cost to remove and construct the path in the existing road reserve would cost in the order of $21,500. • By St Anne’s Catholic Primary School agreeing to cede 430m2 and leaving the path where is would ensure that the verge area can still be used for parking.
- Page 10 - Ordinary Council Minutes 27 October 2020
Also Council previously approved constructing the path on private land to enable the school to continue to use the verge area for parking. The work was undertaken in 2000-2021 at the school’s expense. The recommended proposal will ensure that the public path will be located within the road reserve.
It is therefore recommended that Council support the proposal.
Statutory/Policy Environment
Section 56 of the Land Administration Act (1997) deals with “Dedication of land as road”, which requires Council’s support for the formal acquisition process to proceed.
Strategic Framework
Within the Shire’s Strategic Community Plan 2013 - 2023, Strategy 3.6.1 states:
Provide a safe standard of roads and ancillary infrastructure.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/ Information. The Consequence could be Financial, Reputational or Compliance if correct procedures are not followed for acquiring land under the Land Administration Act (1997). The acquisition process will be undertaken by suitably qualified and experienced persons resulting in a Low risk being present.
Budget Implications
The total cost to undertake the transfer and dedication of land as detailed in the report is $9,650. This would be funded from the Infrastructure Services path maintenance budget allocation.
Officer’s Recommendation
That Council:
1. Endorses the acquisition of 430m2 of land from Lot 200 (No.27) Young Street, Harvey to accommodate an existing portion of path into the existing Young Street road reserve, as shown in Attachments 1 and 2;
2. Authorises the Chief Executive Officer to proceed with dedication in accordance with Section 56 of the Land Administration Act 1997.
Moved: Cr. Adams Seconded: Cr. Coleman
That Council: 1. Endorses the acquisition of 430m2 of land from Lot 200 (No.27) Young Street, Harvey to accommodate an existing portion of path into the existing Young Street road reserve, as shown in Attachments 1 and 2; and 2. Authorises the Chief Executive Officer to proceed with dedication in accordance with Section 56 of the Land Administration Act 1997. Carried 9-3 20/231.
- Page 11 - Ordinary Council Minutes 27 October 2020
Infrastructure Services
Item No 12.2.2 Subject: New Street Lighting at Lakes Parade Proponent: Shire of Harvey Location: Binningup Reporting Officer: Manager Design and Development / Director Infrastructure Services Authorising Officer: Chief Executive Officer File No.: A006245, A016443
Summary
At its meeting held on 28 July 2020, Council considered a report on the transfer of a number of lots in Binningup comprising common land, which were previously being maintained by Binningup Nominees Pty Ltd. This also included an area comprising bollard lighting in the Lakes Parade Road reserve which were installed and maintained by Binningup Nominees Pty Ltd.
As a result of extensive damage, the bollards have been wrapped in plastic and the lighting circuit isolated to ensure the area is safe. There is currently no street lighting along this section of Lakes Parade.
This report deals with removing the existing bollard style street lighting which has been vandalised on numerous occasions and replacing the lighting with standard Western Power Street lighting.
It is recommended that Council approve the installation of standard Western Power street lighting including the recommended funding to implement the proposal as outlined in the report.
Background
Council Meeting 26 May 2020
Council considered the initial report regarding lighting of several intersections on the South Western Highway where the following decision was made (in part)
“2. List $48,000 for consideration in the 2020-2021 draft Budget for the installation of four solar lights at the intersections of South Western Highway with Riverdale, Honeymoon, Heppingstone and Government Roads; and
3. Considers listing $48,000 in the 2021-2022 draft Budget for the installation of four solar lights at the intersections of South Western Highway with Clifton and Kelly Roads, and Raymond Road with Kelly and Treendale (west) Roads”.
$20,000 was allocated in the current 2020-2021 Budget to commence these works.
Council Meeting 22 June 2020
Council considered a report on the Australian Government’s proposed Local Roads and Community Infrastructure Program (LRCIP) where a number of projects were endorsed including the following project:
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Road Solar Lighting $76,000 Local Road Street lighting Council adopted program – Stage 2 Projects $20,000 currently listed in 2020-2021. Additional funds required for stage 1 and 2
Officers subsequently submitted the endorsed projects to the Australian Government and the funding and projects were approved subject to the Shire providing and undertaking that all projects would be completed in the 2020-2021 financial year.
Council Meeting 28 July 2020
Council considered a report on Community Open Space, Binningup - Transfer of Land Lots 194, 195, 198, 199, 200, 8001 and 8002, Binningup as shown in Attachment 1 where the following decision was made (in part):
“2. Authorises the Chief Executive Officer to affix the Common Seal to the Transfer of Land Documents contained within Attachment 2 of this report; and
3. Authorises the Chief Executive Officer to enter into a Memorandum of Understanding with Binningup Nominees Pty Ltd associated with the allocation of water and access to the bore and reticulation control station.”
At the time of subdivision in this section of Binningup a specification for bollard type lighting (as requested by the Developer) was approved. Unfortunately, the ongoing damage to this easily accessible infrastructure has been extensive and poses a safety risk to the general public. Therefore, a refit to standard lighting is being recommended.
Proposed Solar Lighting – Section of Shared Path Cathedral Ave.
The 2020-2021 Budget includes an amount of $29,500 for the installation of solar path lighting along the section of shared path between Fees Field and Old Coast Road in Leschenault.
Officers have investigated this proposal and consider that before any lighting is considered for this pathway (which extends from the Collie River Bridge to the end of the Old Cathedral Avenue), that an overall lighting strategy be developed to determine justification and priorities.
Comment
Australian Government’s Local Roads and Community Infrastructure Program
As mentioned above, Council endorsed a number of projects including $76,000 to complete the solar lighting project.
Officers recently pegged the eight endorsed lighting locations and met with Main Roads WA (MRWA) officers to discuss their requirements. At the meeting, it was revealed that extensive works are planned on the South Western Highway over the next two financial years.
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Following the meeting it was considered that the installation of the solar lighting at the various locations should be deferred as the proposed road improvement works may well negate the need for lighting. Comments on the MRWA works are tabulated below:
Main Road Local Side Road Proposed MRWA Works 1 South Western Clifton Road Shoulder widening works to be Highway undertaken within the next 18months 2 South Western Riverdale Road Shoulder widening works currently Highway under construction. 3 South Western Honeymoon Road 2m wide seal widening and shoulder Highway works planned. 4 South Western Heppingstone Road 2m wide shoulder widening to be Highway constructed 5 South Western Kelly Road 2m wide shoulder widening to be Highway constructed 6 South Western Government Road Extensive intersection upgrade to be Highway constructed including turning pockets for vehicles in both the north and south carriageways. 7 Raymond Road Kelly Road Nil 8 Raymond Road Treendale Road (west) Nil
Discussion
As can be seen from the above table, solar lighting to both of the intersections on Raymond Road are still proposed to be implemented as no works by MRWA are programmed in this area. It would be prudent to defer all of the proposed intersection lighting on the South Western Highway.
Officers intend to reassess the intersections on South Western Highway once improvement works are completed to ascertain whether solar lighting would still be required and a further report would be presented to Council on this matter.
In addition, as the solar lighting project was to be funded from the Australian Government LRCIP deferral of the solar lighting project would result in the LRCIP funding not being expended this financial year which would be in breach of the Australian Government funding guidelines.
Community Open Space, Binningup
As mentioned in the background section of the report, Council authorised the Chief Executive Officer to resume the maintenance and upkeep of the common areas in Binningup which were previously being managed by Binningup Nominees Pty Ltd. These negotiations are currently in progress. Part of this includes the obsolete bollard lighting along Lakes Parade.
Western Power have undertaken a design to install street lighting in Lakes Parade, Binningup to the relevant Australian Standards for residential developments.
The cost to undertake this work is $96,000. Given that this project is ‘shovel ready’ and would meet the LRCIP funding criteria, budgeted funding could be reallocated to this project. The Shire will need to advise the funding body of the reallocation of funding pending the resolution of Council.
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Statutory/Policy Environment
N/A
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Outcome 3.6 and Strategy 3.6.1 state:
3.6 A local transport network that ensures equity across the community to a safe standard
3.6.1 Provide a safe standard of roads and ancillary infrastructure
Risk Management
The Risk Theme Profile identified as part of this report is Inadequate Asset Sustainability Practices. The Consequence could be Property and Financial Impact should the lighting not be maintained to the required standard. The Risk Consequence Rating is considered to be Moderate and the Likelihood Possible, giving a Moderate risk rating.
Budget Implications
Current funding for lighting in the 2020-2021 Budget is as follows:
Project Amount Funding source Solar Lighting Intersections $20,000 Municipal Solar Lighting Intersections $76,000 Australian Government Solar Lighting Shared Path $29,500 Municipal Total $125,500
A total of $25,500 is required to provide solar lighting at the two Raymond Road Intersections If this was sourced from the above funding pool this would leave a total of $100,000 which could be used to fund the $96,000 Lakes Parade Lighting project resulting in the following Budget reallocations/adjustments.
Project Amount Funding source Action Reallocation of funds from New Lighting Lakes Parade $20,000 Municipal intersection solar lighting budget Approval to reallocate funds Australian New Lighting Lakes Parade $76,000 from Intersection solar Government lighting budget required Reallocation of funds from Solar Lighting Intersections $25,500 Municipal Cathedral Ave shared path solar lighting budget Funds remaining $4,000 Municipal Surplus/Contingencies Total $125,500
Voting Requirement
Simple Majority.
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Officer’s Recommendation
That Council:
1. Defers the installation of Solar Lighting at the following intersections until Main Roads WA have completed road improvements;
Main Road Local Side Road South Western Highway Clifton Road South Western Highway Riverdale Road South Western Highway Honeymoon Road South Western Highway Heppingstone Road South Western Highway Kelly Road South Western Highway Government Road
2. Proceeds with the installation of Solar Lighting at the following intersections;
Raymond Road Kelly Road Raymond Road Treendale Road (west)
4. Approves the:
(a) Installation of Western Power residential street lighting in Lakes Parade, Binningup at a cost of $96,000; and
(b) Reallocation of funding to implement the Lakes Parade lighting and two intersection solar lights, as follows;
Project Amount Funding source Action Reallocation of funds from New Lighting $20,000 Municipal intersection solar lighting Lakes Parade budget Approval to reallocate New Lighting Australian funds from intersection $76,000 Lakes Parade Government solar lighting budget required Reallocation of funds from Solar Lighting $25,500 Municipal Cathedral Ave shared path Intersections solar lighting budget Funds $4,000 Municipal Surplus/Contingencies remaining Total $125,500
5. Authorises the Chief Executive Officer to request an amendment to the Local Roads and Community Infrastructure Program to replace the “Road Solar Lighting – Stage 2” project with the “Lakes Parade Lighting” project; and
6. Receives a further report on the installation and future funding of solar lighting on the intersections of South Western Highway with Riverdale, Honeymoon, Heppingstone; Government Roads; Clifton and Kelly Roads upon completion of the proposed Main Roads WA improvements.
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Moved: Cr. Lovitt Seconded: Cr. Campbell
That Council: 1. Defers the installation of Solar Lighting at the following intersections until Main Roads WA have completed road improvements; Main Road Local Side Road South Western Highway Clifton Road South Western Highway Riverdale Road South Western Highway Honeymoon Road South Western Highway Heppingstone Road South Western Highway Kelly Road South Western Highway Government Road 2. Proceeds with the installation of Solar Lighting at the following intersections; Raymond Road Kelly Road Raymond Road Treendale Road (west) 4. Approves the: (a) Installation of Western Power residential street lighting in Lakes Parade, Binningup at a cost of $96,000; and (b) Reallocation of funding to implement the Lakes Parade lighting and two intersection solar lights, as follows; Project Amount Funding source Action New Reallocation of funds Lighting $20,000 Municipal from intersection solar Lakes lighting budget Parade New Approval to reallocate Lighting Australian funds from intersection $76,000 Lakes Government solar lighting budget Parade required Reallocation of funds Solar from Cathedral Ave Lighting $25,500 Municipal shared path solar lighting Intersections budget Funds $4,000 Municipal Surplus/Contingencies remaining Total $125,500 5. Authorises the Chief Executive Officer to request an amendment to the Local Roads and Community Infrastructure Program to replace the “Road Solar Lighting – Stage 2” project with the “Lakes Parade Lighting” project; and 6. Receives a further report on the installation and future funding of solar lighting on the intersections of South Western Highway with Riverdale, Honeymoon, Heppingstone; Government Roads; Clifton and Kelly Roads upon completion of the proposed Main Roads WA improvements. Carried 12-0 20/232.
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Infrastructure Services
Item No 12.2.3 Subject: Gibbs Street, Harvey - Proposed ACROD Parking Bay Trial Proponent: Shire of Harvey Location: Harvey Reporting Officer: Director Infrastructure Services Authorising Officer: Chief Executive Officer File No.: R000002
Summary
A request has been received for an ACROD parking bay in the vicinity of a medical premises on the corner of Gibbs Street and Becher Street.
The request has emanated as a result of parents and teachers from the Harvey Primary School taking up the available on road parking during school hours making it difficult for persons with a mobility issue being able to find a parking spot close to the medical premises.
Background:
Section 1.9 of the Shire of Harvey Parking Local law states that “a local government may, by resolution, prohibit or regulate by signs or otherwise the stopping or parking of any vehicle or any class of vehicles in any part of the parking region…”
With regards to ACROD parking bays, in accordance with the standards, these bays are normally constructed in an off road parking area, or on a road verge, as a 2.5m wide perpendicular bay with a 2.5m wide no parking bay protected by a bollard adjacent to the parking bay.
Several local governments have developed policies enabling the creation of ACROD 2.5 parking bays to serve residents in need. These types of parking bays are for the use by anyone who has a current ACROD permit, however, they are most beneficial to adjacent businesses.
These bays are generally located in a parallel parking zone, are 2.5m wide and are delineated by appropriate signage and line marking.
Comment
A request has been received requesting that the Shire consider providing an ACROD parking bay in the vicinity of the medical premises at the corner of Becher Street and Gibbs Street in Harvey.
Officers have liaised with the adjoining businesses and have observed that most of the on road parking in Becher Street and Gibbs Street is taken up during normal business hours and during school times making it difficult for elderly and physically challenged persons being able of find a park in close proximity to the medical premises.
Given the existing road layout, it would be difficult to implement the conventional ACROD parking within the road reserve at this location and therefore it is considered that Council considers trialling an ACROD 2.5 parking bay as shown on Attachment 1.
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Should Council approve the installation of the ACROD bay, the bay would be available for use by any holder of an ACROD permit, however, it would be of particular benefit to the adjoining medical businesses.
Statutory/Policy Environment
The head of power for the implementation of restricted on road parking is the Shire of Harvey Parking Local Law.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 3.6.1 state:
3.6.1 Provide a safe standard of roads and ancillary infrastructure
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational if Council decides not to support the request for an ACROD parking bay. The Risk Consequence is considered to be Minor and the Likelihood Unlikely resulting in a Low level of risk. The Risk is mitigated by supporting the recommended parking trial.
Budget Implications
The cost to implement the proposal including signage, line marking, concrete ramp and short path extension is in the order of $750. This would be funded from the path and the signage maintenance budget.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council:
1. Approve the implementation of an ACROD 2.5 bay on the southern side of Gibb Street, as shown on Attachment 1, as a 12-month trial to determine the effectiveness of this type of alternative ACROD parking; and
2. Receives a further report on the trial at the conclusion of the 12-month trial period.
Moved: Cr. Burgoyne Seconded: Cr. Coleman
That Council: 1. Approve the implementation of an ACROD 2.5 bay on the southern side of Gibb Street, as shown on Attachment 1, as a 12-month trial to determine the effectiveness of this type of alternative ACROD parking; and 2. Receives a further report on the trial at the conclusion of the 12-month trial period. Carried 12-0 20/233.
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Infrastructure Services
Item No. 12.2.4 Subject: Shire of Harvey Bushfire Risk Management Plan 2020-2025 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Waste and Safety Services Authorising Officer: Director Infrastructure Services File No.: B000270
Summary
In accordance with the requirements of the State Hazard Plan for Fire (formally Westplan Fire), local governments are required to prepare an integrated Bushfire Risk Management Plan (BRM Plan) for areas where there is a potential significant bushfire risk.
A BRM Plan is a strategic document that identifies assets at risk from bushfire and their priority for treatment with the local government. The Shire of Harvey BRM Plan was reviewed by the Office of Bushfire Risk Management on 24 September 2020 (refer Attachment 1).
The BRM Plan, as presented in Attachment 2 is presented for Council’s endorsement.
Background
The Department of Fire and Emergency Services (DFES) Bushfire Risk Management Branch was created in 2012 in response to key recommendations from the Perth Hills fire (Keelty 1), Margaret River fire (Keelty 2) and the Waroona Yarloop fire (Ferguson) inquiries.
The Bushfire Risk Management Branch coordinates DFES Bushfire Risk Management Officers (BRMO’s) and DFES funded Bushfire Risk Planning Coordinators embedded in local governments to facilitate the creation of BRM Plans.
Between November 2017, when the Shire of Harvey (Shire) joined the program, until 30 June 2018 the Shire had a full time Bushfire Risk Planning Coordinator.
However, from 1 July 2018 the resource allocation was shared with the Shires of Murray and Waroona as shown below:
Financial year Local Government BRPC resource allocation Harvey Murray Waroona 2018-19 80% 20% 2019-20 20% 60% 20% 2020-21 10% 50% 40% 2021-22 10% 30% 60%
The shared arrangement shown above will continue until 30 June 2022 but will be reviewed on an annual basis and reallocation may occur based on the need of each Shire and BRM Plan progress.
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At the end of each financial year the Shire is required to prepare and submit a report to the Office of Bushfire Risk Management detailing progress against the BRM Plan, including the treatment implementation.
The Emergency Management Act 2005 provides the head of power to direct local governments to comply with the requirements of State emergency management policies where they are given a role within those policies. The State Hazard Plan – Fire requires local governments with a high or extreme bushfire risk to develop an integrated BRM Plan utilising the Office of Bushfire Risk Management guidelines and templates to do so.
Comment
The aim of the BRM Plan is to document a coordinated and efficient approach toward the identification, assessment and treatment of assets exposed to bushfire risk within the Shire of Harvey.
Bushfire Risk Management Pan Objectives
The objective of the BRM Plan is to effectively manage bushfire risk within the Shire of Harvey in order to protect people, assets and other things of local value. Specifically, the objectives of this BRM Plan are to:
• Guide and coordinate a tenure blind, multi-agency bushfire risk management program over a five-year period; • Document the process used to identify, analyse and evaluate risk, determine priorities and develop a plan to systematically treat risk; • Facilitate the effective use of the financial and physical resources available for bushfire risk management activities; • Integrate bushfire risk management into the business processes of local government, land owners and other agencies; • Ensure there is integration between land owners and bushfire risk management programs and activities; • Monitor and review the implementation of treatments to ensure treatment plans are adaptable and risk is managed at an acceptable level.
The BRM Plan has been prepared for the Shire based on a best practice template provided by Office of Bushfire Risk Management. Local information relating to the bushfire context is added for each local government, considering environment, weather, priorities and demographics.
Bushfire Risk Management System
The identification of assets and calculation of bushfire risk has been conducted using the DFES specialist software Bushfire Risk Management System. This software allows assets to be mapped in a Geographical Information System (GIS) and then completes an individual risk assessment based on the data entered.
Assets can be grouped with adjoining assets of the same category and with the same risk, to simplify the assessment process. The four categories of assets are as follows:
• Human Settlement; • Economic; • Environmental; and • Cultural.
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Human Settlement
This is the most significant asset type, referring to residential assets, with a separate sub category for Special Risk or Critical Infrastructure. For the Shire, known tourism and short stay properties have been categorised as Special Risk, whilst the Harvey Hospital, nursing homes, schools and evacuation centres are considered Critical Infrastructure.
Economic
This category has been utilised to record assets such as commercial, industrial and agricultural properties. This category also includes tourism and recreational facilities.
Environmental
These assets include flora and fauna habitat that are assessed as either Priority, Protected or of Local Importance. It is recognised that much of the information for flora and fauna assets is not formally recorded and requires some local knowledge. To this extent these attributes are expected to be recognised and included to a more specific extent (e.g. actual location of orchid species) during the implementation of the Treatment Schedule. Notwithstanding that, assets entered into the program include areas of known Western Ringtail Possum habitat.
Cultural
This category has been used to assess a variety of cultural assets broken down into sub categories of Aboriginal, Recognised, Local or Other. As with environmental assets, Aboriginal assets and sensitivities will be included specifically during the planning of treatments through collaboration and consultation with the traditional owners of the land. Other assets entered consist of heritage buildings, religious buildings such as churches and local community assets, such as community centres and sporting facilities.
Discussion
The risk assessment process is slightly different for each category type, with the same Likelihood and Consequence formulae, but varying vulnerability calculators. All categories take into account the fuel type (grassland, scrub, forest etc.), fuel age and separation distance (distance from the asset to the vegetation), as well as the slope under the vegetation and slope between the vegetation and the asset.
Human Settlement and Cultural vulnerability is assessed merely as Low, Moderate or High. Low for example, may indicate a higher level of community engagement and preparedness, better construction standards or water hydrants in the area. For Economic assets the vulnerability is assessed as to the susceptibility of the asset to fire and the level of impact of damage to the asset, in local, regional or state – Critical Infrastructure terms.
For Environmental assets, the assessment for vulnerability takes into consideration the conservation status (priority/threatened or local) and the geographical extent of the asset type (widespread, restricted or highly restricted).
A total of 904 groups of assets have been identified and risk assessed during the process. The BRM Plan suggests treatments that are then required for all assets assessed as at High, Very High or Extreme Risk. This equates to 642 of assets, or 71%. Of these assets, 164 or almost 18% have been assessed as at Extreme Risk, requiring urgent treatment action.
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Once the BRM Plan has been endorsed by Council, the Treatment Schedule which is an extensive, dynamic treatment plan for all Shire tenure as well as interacting with other agencies and private land holders to mitigate risk on other tenure, will need to be developed.
Statutory/Policy Environment
The Emergency Management Act 2005 provides the head of power to direct local governments to comply with the requirements of State emergency management policies where they are given a role within those policies as follows:
Section 20 (4) sets out that - A public authority that is given a role and responsibilities under a State emergency management policy is to comply with the State emergency management policy.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 2.7.1, 2.7.4, 3.1.2, 4.7.1, 4.7.2, 4.7.6 and 4.7.7 state:
2.7.1 Improved controlled access to all our water bodies, forests and reserves in partnership with the relevant agencies.
2.7.4 Partner with other government agencies to implement pest and weed control measures.
3.1.2 Continue to actively engage local community groups to understand needs, improve facilities and source grant funding.
4.7.1 Promote training and development of emergency services personnel. 4.7.2 Investigate and obtain funding to support the appointment of specialist emergency services staff
4.7.6 Support the Local Emergency Management Committee (LEMC)
4.7.7 Maintain the Local Emergency Management Plan for the Shire and develop plans for the needs of specific areas.
Risk Management
While the officer recommendation serves to assist the Shire in providing treatments and controls for the risks identified within the BRM Plan, the risk of bushfire will always remain within the Shire. The BRM Plan will identify those areas that remain at high bushfire risk and where planned mitigation works are required. Implementation of the BRM Plan will not remove the risk but will assist the Shire in highlighting areas where work with landowners is required to decrease the bushfire risk.
The implementation of the BRM Plan Treatment Schedule will assist to reduce the impact of bushfire on areas where mitigation measures have been implemented. Not adequately resourcing implementation of the BRMP could, however, create significant reputational risk for the Shire, and should therefore be avoided.
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Risk Risk Risk Action Plan Risk Rating Consequence Likelihood (Controls or (Prior to Risk Theme Risk (Financial (with Mitigation Treatment or Profile Impact and existing Treatment Control) Reputational controls) proposed) That the Shire of Endorses the Failure to Harvey does not BRMP and Extreme/Catas fulfil endorse the BRMP Unlikely (2) High (10-16) implement trophic (5) compliance and there is a proposed requirements bushfire event. treatments Endorses the That the Shire of BRMP and Harvey does not apply for MAF Business & endorse the BRMP Almost grants to Major (4) Extreme (20) community and therefore certain (5) implement disruption unable to apply for proposed MAF grants. mitigation treatments. Not adequately Review and Ineffective resourcing maintain Shire Major (4) Possible (3) High (10-16) Employment implementation of of Harvey Practices the BRMP workforce plan.
Budget Implications
An endorsed BRM Plan allows the Shire to access the state government Mitigation Activity Funding (MAF) grants available to all local governments. This funding is made available to implement treatment strategies on land managed by the local government.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council:
1. Endorses the Shire of Harvey Bushfire Risk Management Plan 2020-2025; and
2. Supports the development and implementation of a coordinated, comprehensive, multi-agency Treatment Schedule in support of, and to be incorporated into, the Bushfire Risk Management Plan 2020-2025.
Moved: Cr. Burgoyne Seconded: Cr. Dickinson
That Council: 1. Endorses the Shire of Harvey Bushfire Risk Management Plan 2020-2025; and 2. Supports the development and implementation of a coordinated, comprehensive, multi-agency Treatment Schedule in support of, and to be incorporated into, the Bushfire Risk Management Plan 2020-2025. Carried 12-0 20/234.
Ms. Walker left the Chamber at 4.45pm.
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Sustainable Development
Item No. 12.3.1 Subject: Application for a “Use Not Listed” (Rural Workers Accommodation) Proponent: Galati Nominees Pty Ltd Location: Lot 51 (No. 60) Buffalo Road, Parkfield Reporting Officer: Planning Officer (ND) Authorising Officer: Director Sustainable Development File No.: A016283 Reg. 20/32223
Summary
An Application for Development Approval has been received for a ‘Use Not Listed’ (Rural Workers Accommodation) on Lot 51 (No. 60) Buffalo Road, Parkfield (refer Attachment 1). The application is referred to Council as Officers do not have delegation to determine that a ‘Use Not Listed’ may be consistent with the purpose and objectives of the General Farming zone.
It is recommended that Council determines the proposed ‘Use Not Listed’ may be consistent with the objectives of the zone and advertises the proposal.
At the completion of advertising, should no adverse submissions be received, the Manager Planning Services may determine the application in accordance with Delegation 4.1.3.
Background
Lot 51 Description
Lot 51 Buffalo Road is located approximately 31km south west of the Harvey townsite and approximately 200m north of the Leschenault Estuary (refer Attachment 2). It is zoned ‘General Farming’ under the Shire’s District Planning Scheme No.1 (the Scheme) and zoned ‘Rural’ under the Greater Bunbury Region Scheme (GBRS). Lot 51 has an area of approximately 176ha.
The eastern half of Lot 51 is mostly occupied by market gardens, whereas the western portion is grassed pasture. A large vegetable packing and distribution building is located in the northern portion of the lot, adjacent to Springhill Road. There are various irrigation ponds running north south in the central portion of the Lot. A house and associated sheds occupies the southern portion of Lot 51 being approximately 540m north of Buffalo Road and approximately 100m west of the proposed Rural Workers Accommodation site.
Site Description
For the purpose of this Report, “the site” refers to the area associated with the proposed Rural Workers Accommodation (refer Attachment 1). The area allocated for the proposal is for the most part, cleared pasture. The area of the development, including communal facilities, access and parking, water tanks and shed, covers an area of approximately 2,000m2.
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Proposal
The application is for Development Approval of 24 Rural Workers Accommodation units and supporting facilities (refer Attachment 1) consisting of the following:
1. A total of 24 self-contained units contained within six buildings of four self-contained units in each building. Each unit includes its own toilet and bathroom facilities; 2. A communal laundry with washing, drying and linen storage facilities; 3. A communal kitchen/recreational facility including a kitchen, servery, stores, communal area (118m2) and lounge area (38m2); 4. Limestone carpark area and access road connecting to Buffalo Road 500m to the south of the site; 5. On-site stormwater retention; 6. Universal access toilet facilities; 7. Anaerobic Treatment System for effluent disposal stated to be in accordance with AS/NZS 1547 On – site domestic wastewater management; 8. 3 x 100,000 litre water tanks and associated filtration system for potable water; 9. Plant Shed (6m2); and 10. Associated landscaping
Comment
Rural Workers Accommodation
The proposed Rural Workers Accommodation is eligible for an exemption that was issued by the Minister for Planning on 30 April 2020 (via Part 10B of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulation 2015). The Applicant has elected to submit an Application for Development Approval as the State of Emergency COVID-19 pandemic Exemptions are temporary only (i.e. for the period of the State of Emergency declaration in WA plus 90 days). For this facility to be permanent, a formal development approval is required.
Clause 4.2.5 of the Scheme makes provision for a “Use Not Listed” to be considered and provides that Council can “determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone”. The Scheme does not provide much guidance on the objectives of the “General Farming” zone, however, the Policy Statement contained within Table 27 “General Farming” of the Scheme refers to encouraging these areas to continue to be used for viable large scale farming activities and promoting good farming, animal husbandry and soil conservation.
The proposed Rural Workers Accommodation is directly in support of the horticultural use which is being carried out within the property and also on adjoining Lot 301. Horticulture has become, over recent years, a substantial mainstay of the Myalup and Binningup areas and is therefore a significant provider of employment.
Advertising
If Council determines that the proposed Rural Workers Accommodation use may be consistent with the objectives and purposes of the zone, pursuant to Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Deemed Provisions), the application is required to be advertised for a period of at least 14 days for public comment.
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If no objections are received during the advertising period, Officers have delegation to approve the application as per Delegation 4.1.3.
Referrals will also be required to be sent to the following departments:
• Department of Planning, Lands and Heritage - adjacent to Regional Open Space; • Department of Primary Industry and Regional Development - Priority Agricultural Land Policy Area; • Department of Water and Environmental Regulation - Water Resources and Floodplain; and • Department of Biodiversity Conservation and Attractions - Parks and Wildlife Branch – (Clause 27 of GBRS being adjacent to Regional Reserve).
Conclusion
The land use of Rural Workers Accommodation may be considered to be supportive of the horticultural activities in the locality and it is therefore considered that the proposed Rural Workers Accommodation may be consistent with the objectives and purposes of the ‘General Farming’ zone.
At the completion of advertising, should no adverse submissions be received, the Manager Planning Services may determine the application in accordance with Delegation 4.1.3.
Statutory/Policy Environment
Planning and Development (Local Planning Schemes) Regulations 2015
Schedule 2 – Deemed Provisions, Section 64 – Advertising Applications:
“(1) An application for development approval must be advertised under this clause if the proposed development —“
“(b) relates to a use if —
(i) the use is not specifically referred to in the zoning table for this Scheme in respect of the zone in which the development is located; and (ii) the local government determines that the use may be consistent with the objective of that zone and that notice of the application should be given;”
“(3) The local government may advertise, or require the applicant to advertise, an application for development approval in one or more of the following ways —
(a) by giving notice of the proposed use or development to owners and occupiers of properties in the vicinity of the development who, in the opinion of the local government, are likely to be affected by the granting of development approval, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is given to the person;”
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Greater Bunbury Region Scheme
The subject lot is predominantly zoned ‘Rural’ under the Greater Bunbury Region Scheme. The GBRS states the purpose of the ‘Rural’ zone as:
“To provide for the sustainable use of land for agriculture, assist in the conservation and wise use of natural resources including water, flora, fauna and minerals, provide a distinctive rural landscape setting for the urban areas and accommodate carefully planned rural living developments”.
The western portion of Lot 51 is identified as ‘Regional Open Space’ reserve. The development site is approximately 300m east of the Regional Open Space.
Shire of Harvey District Planning Scheme No.1
Clause 4.2.5
“If the use of land for a particular purpose is not specifically mentioned in the Zoning table and cannot reasonably be determined as falling within the interpretation of one of the land use categories then Council may: -
(a) determine that the use is not consistent with the objectives and purposes of the particular zone and is therefore not permitted; or
(b) Determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone and there after follow the advertising procedures of Clause 64 of the Deemed Provisions in considering an application for consent. In approving such and application, the local government may apply any conditions or development standards it deems necessary”
Table 27 – Zoning and Development Standards for the General Farming Zone-
Policy Statement – “Local government intends to encourage these areas to continue to be used for viable large scale farming activity. Local government will encourage and promote good farming, animal husbandry and soil conservation. Some limited tourist and recreational activity may be permitted where no adverse effect to the primary agricultural purpose of the zone will result.
Shire of Harvey Delegations Register
Delegation 4.1.3
“9. To approve an Application for Development Approval for a “Use Not Listed” that Council has determined ‘may be consistent with the purpose and objectives of the zone.”
“Approval for a “Use Not Listed” under Delegation 9. is subject to no objections being received during advertising of the application.”
- Page 28 - Ordinary Council Minutes 27 October 2020
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.3.1 states:
Continue to implement integrated environmental, social and land use planning which will: • minimise land use conflict.
Budget Implications
Nil.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Environmental, Financial, Reputational or Compliance if an incorrect assessment of the land use occurs, insufficient community engagement occurs, an incorrect approval is given or a relevant condition missed. The Risk is considered Minor and the likelihood Unlikely, given that the report has been thoroughly researched, peer reviewed and provided by a qualified Shire Officer. This results in a Low risk being present.
Voting Requirements
Officer’s Recommendation 1 – Absolute Majority Officer’s Recommendation 2 – Simple Majority
Officer’s Recommendation 1 of 2
That Council, pursuant to Clause 4.2.5 (b) of the Shire of Harvey’s District Planning Scheme No. 1, determines that the proposed ‘Use Not Listed’ detailed in the Application for Development Approval for Lot 51 (No. 60) Buffalo Road, Parkfield can be considered as “Rural Workers Accommodation” which may be consistent with objectives and purposes of the ‘General Farming’ zone. By Absolute Majority
Moved: Cr. Bromham Seconded: Cr. Beech
That Council, pursuant to Clause 4.2.5 (b) of the Shire of Harvey’s District Planning Scheme No. 1, determines that the proposed ‘Use Not Listed’ detailed in the Application for Development Approval for Lot 51 (No. 60) Buffalo Road, Parkfield can be considered as “Rural Workers Accommodation” which may be consistent with objectives and purposes of the ‘General Farming’ zone. Carried by Absolute Majority 12-0 20/235.
- Page 29 - Ordinary Council Minutes 27 October 2020
Officer’s Recommendation 2 of 2
That Council:
1. Pursuant to Clause 4.2.5 (b) of the Shire of Harvey’s District Planning Scheme No. 1, advertises the Application for Development Approval for Lot 51 (No. 60) Buffalo Road, Parkfield for the proposed ‘Use Not Listed’ (Rural Workers Accommodation) in accordance with Schedule 2, Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, and 2. If no objections are received during the public advertising period, acknowledges Officers may determine the Development Application pursuant to Delegation 4.1.3 (9).
Moved: Cr. Coleman Seconded: Cr. Burgoyne
That Council: 1. Pursuant to Clause 4.2.5 (b) of the Shire of Harvey’s District Planning Scheme No. 1, advertises the Application for Development Approval for Lot 51 (No. 60) Buffalo Road, Parkfield for the proposed ‘Use Not Listed’ (Rural Workers Accommodation) in accordance with Schedule 2, Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015, and 2. If no objections are received during the public advertising period, acknowledges Officers may determine the Development Application pursuant to Delegation 4.1.3 (9). Carried 12-0 20/236.
- Page 30 - Ordinary Council Minutes 27 October 2020
Corporate Services
Item No. 12.4.1 Subject Listing of Accounts Paid – August 2020 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Finance Authorising Officer: Director Corporate Services File No.: FMS006
Summary
Presented by way of attachment is a listing of payments for goods and services for August 2020. It is recommended that Council note the attached payments.
Background
Pursuant to Section 5.42 of the Local Government Act 1995 (Delegation of some powers and duties to CEO), Council has resolved to delegate to the Chief Executive Officer (Delegation No: 2.2.1) the exercise of its powers to make payments from the municipal and trust funds.
As a result of this delegation there is a requirement under the Local Government (Financial Management) Regulations 1996, Regulation 13(3) for a list of payments to be prepared and presented to Council.
Comment
The list of accounts paid for the period of August 2020 is presented as an attachment to this report, as summarised below.
Voucher Amount Schedule of Accounts Trust EFT 51408 $11,505.00 Municipal EFT 51142 - EFT 51509 $2,162,766.94 117056 - 117070 $6,365.67 DD20995.1 - DD21068.18 $139,614.80 CBA Credit Card $4,986.70 Electronic Funds Submitted $1,020,103.93 Total $3,345,343.04
Statutory/Policy Environment
Local Government (Financial Management) Regulation 1996, Regulation 13 prescribes the reporting of payments to Council.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.3.4 states:
Monitor and ensure compliance with the regulatory framework for Local Government Business.
- Page 31 - Ordinary Council Minutes 27 October 2020
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. There is no Consequence associated as Council is receiving financial information only with no recommendation on action or intervention.
Budget Implications
The payments listed above have been budgeted for in the Shire’s 2020 – 2021 Budget.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council notes the above list of accounts paid for the period of August 2020 totalling $3,345,343.04.
Moved: Cr. Lovitt Seconded: Cr. Campbell
That Council notes the above list of accounts paid for the period of August 2020 totalling $3,345,343.04. Carried 12-0 20/237.
- Page 32 - Ordinary Council Minutes 27 October 2020
Corporate Services
Item No. 12.4.2 Subject: Financial Statements as at 31 August 2020 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Finance Authorising Officer: Director Corporate Services File No.: CC/C/062
Summary
Presented by way of attachment are the Financial Statements as at 31 August 2020.
The following key balances are provided to assist in reporting the Shire’s financial performance.
AC T U AL BUDGET VARIANCE 31 August 2020 2020 - 2021 Statement of Financial Performance Ordinary Revenue $30,502,612 $43,575,228 $13,072,616 Ordinary Expenditure $5,529,441 $50,057,783 $44,528,342 Capital Revenue $493,164 $8,809,126 $8,315,962 Capital Expenditure $772,466 $14,004,898 $13,232,432 End of Period Profit / (Loss) $28,723,989
Statement of Financial Position Current Assets $66,196,004 Net Assets $570,459,851
It is recommended Council receive the Financial Statements (refer Attachment 1).
Background
In accordance with the provisions of Section 6.4 of the Local Government Act 1995, and Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, a Local Government is to prepare each month a Statement of Financial Activity (refer Attachment 1) reporting on the revenue and expenditure as set out in the Annual Budget under Regulations 22 (1)(d) for the month.
Comment
Rates Revenue Rates revenue of $22 million and rubbish rates of $3.4 million was generated in August. The Shire has not increased the property and rubbish rates, rate in the dollar from 2019 - 2020 in an effort to provide some relief to Rate Payers.
Cash Flow and Interest Earnings The Shire holds by way of cash and term deposit $5.6 million in Municipal Funds, $6.8 million in Trust Funds and $28 million in Reserve Funds. The average interest rate on these funds is 0.99%. New term deposits are attracting a very low interest rate of approximately 0.70%.
- Page 33 - Ordinary Council Minutes 27 October 2020
Operating Grants and Subsidies 59% of the 2020 - 2021 Financial Assistance Gants has already been received with $1.99 million included in general revenue.
Employee Costs The financial statements reflect the first two months of the financial year, and it is anticipated employee costs will remain on budget and in line with the Workforce Plan.
Materials, Contracts, Utilities and Other Expenses The financial statements reflect the first two months of the financial year, and it is anticipated the Shire will operate within its means and in line with the Shire’s adopted 2020 - 2021 Budget.
Capital Expenditure The Shire has budgeted to spend $24 million on capital projects throughout the Shire in 2020 - 2021. Capital works have commenced in a number of areas including road and footpath projects as well as building works and recreation works. Expenditure totalling approximately $1 million for these works has been reported at the end of August. As more projects are completed and as the Shire is invoiced for those works the level of reported expenditure will increase.
Attached to the Agenda is the Financial Report for the reporting period which includes the following:
• Statement of Financial Performance • Statement of Financial Position • Notes to the Statement of Financial Performance and Financial Position • Total Municipal Revenue and Expenditure - graph • Statement of Cash at Bank – Loans • Statement of Cash at Bank – Reserves • Statement of Cash at Bank – Bonds and Deposits • Statement of Cash at Bank – Trust • Current Ratio – graph • Outstanding Rates – graph • Aged Debtors Summary - graph • Current Account Coverage – graph • Statement of Investments
The Notes to the Statement of Financial Performance as well as the Notes to the Statement of Financial Position (as attached) include additional information reported on a by Program basis identifying reasons for variances between budgets and actuals.
Statutory/Policy Environment
Section 6.4 of the Local Government Act 1995, requires financial reports to be prepared as prescribed.
Local Government (Financial Management) Regulation 1996, Regulation 34 prescribes the monthly financial reporting requirements of Council.
- Page 34 - Ordinary Council Minutes 27 October 2020
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.3.4 states:
Monitor and ensure compliance with the regulatory framework for Local Government Business.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Financial, Reputational or Compliance if the financial statements are not reported accurately, timely or in the required format. The risk is mitigated by Council receiving financial statements on a monthly basis and in a form that is in accordance with the Local Government Act 1995 and associated Regulations, resulting in a Low risk being present.
Budget Implications
Review of the monthly accounts aids in ensuring works and services are undertaken and the Shire operates within its adopted Budget.
Voting Requirement
Simple Majority.
Officer’s Recommendation
That Council receives the Financial Statements as at 31 August 2020.
Moved: Cr. Dickinson Seconded: Cr. Simpson
That Council receives the Financial Statements as at 31 August 2020. Carried 12-0 20/238.
- Page 35 - Ordinary Council Minutes 27 October 2020
Community and Lifestyle
Item No. 12.5.1 Subject: Harvey War Memorial Interpretive Sign Proponent: Shire of Harvey Location: Harvey Reporting Officer: Community Development Officer (AM) Authorising Officer Director Community and Lifestyle File No.: P000004
Summary
This report recommends that Council endorses the proposed design and fabrication specifications of the Harvey War Memorial interpretive sign for installation prior to Remembrance Day on 11 November 2020.
Background
The Harvey War Memorial was a project to commemorate the Centenary of the ANZAC landing at Gallipoli on 25 April 1915. Funded by the Shire of Harvey, Royalties for Regions, RSL (WA) and RSL (Harvey), it was officially opened in February 2015 and dedicated on 15 March 2015.
A report to the Council Meeting held on 26 May 2020 put forward a proposal to design and manufacture an interpretative sign for the Harvey War Memorial. Council resolved as follows:
“That Council:
1. Endorses the proposed Harvey War Memorial design ‘concept’ interpretive sign to be located at location B, as shown in Attachment 1 estimated to cost $6,500;
2. Lists the proposal for consideration in the 2020 – 2021 draft Budget;
3. Authorises the Chief Executive Officer to: (a) Finalise the design for the interpretive sign, and obtain quotes for the sign design and fabrication; (b) Pursue grant funding from Veterans’ Affairs and/or other sources; and (c) Forward the concept design and interpretative text to the Harvey Place Advisory Committee and Harvey RSL Sub Branch for comment; and
4. Receives a further report once the information outlined in recommendation 3 has been finalised”.
This report responds to Council’s resolution to design, obtain quotes, pursue funding and undertake engagement for the Harvey War Memorial interpretive sign.
Comment
Following this resolution of Council, Shire Officers proceeded to engage both the Harvey Place Advisory Group and Harvey RSL Sub Branch on the project. Both groups have agreed in principle to the interpretive text, artwork and fabrication specifications of the project.
With regards to funding, the Harvey RSL Sub Branch have agreed to make a financial contribution towards the project. As such the design and fabrication specifications of the project are proposed below:
- Page 36 - Ordinary Council Minutes 27 October 2020
Design The final interpretive text and artwork is attached (refer Attachment 1).
Fabrication Specifications The material utilised in the fabrication of the sign base and surround is Corten Steel which is durable, weatherproof and in sympathy with the existing War Memorial (refer Attachment 2).
Sign Location As endorsed by Council on 26 May 2020, the interpretive sign will be installed on the north side of the gabion wall at the South-West corner of the site (refer Attachment 3).
Statutory/Policy Environment
Nil.
Strategic Framework
Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 3.3.3 states:
Places of cultural significance are recognised and respected.
Risk Management
The Risk Theme Profile identified as part of this report is Providing Inadequate Information. The Consequence could be Reputational depending on whether Council wishes to support the proposal or not. The Risk Consequence is considered to be Low and the Likelihood Unlikely resulting in a Low level of risk.
Budget Implications
An allocation of $6,500 is included in the Shire’s 2020-2021 Budget for the Harvey War Memorial interpretive sign.
Harvey RSL Sub Branch have also agreed to contribute $2,000 towards the project.
The total amount of $8,500 will cover all design and fabrication costs.
Voting Requirements
Simple Majority.
Officer’s Recommendation
That Council endorses the proposed design and fabrication specifications for the Harvey War Memorial interpretive sign as presented in this report for installation prior to Remembrance Day on 11 November 2020.
Moved: Cr. Beech Seconded: Cr. Adams
That Council endorses the proposed design and fabrication specifications for the Harvey War Memorial interpretive sign as presented in this report for installation prior to Remembrance Day on 11 November 2020.
Carried 12-0 20/239.
- Page 37 - Ordinary Council Minutes 27 October 2020
13. Elected Members Motions of Which Previous Notice Has Been Given
13.1 Notice of Motion for the Following Meeting – Cr Lovitt
Cr. Lovitt requested that the following Notice of Motion be placed in the Ordinary Council meeting Agenda for Tuesday, 27 October 2020.
That Council authorises the Chief Executive Officer to make a formal submission to Main Roads WA in accordance with clause 7.2 of their Speed Zoning Policy to lower the existing posted speed limits on both Buffalo Road and Cathedral Avenue in Leschenault, to improve the safety and amenity for road users and residents in the area.
Officer’s Comments
The Shire of Harvey have secured State Blackspot funding for Buffalo Road and Federal Blackspot funding for Cathedral Avenue in the current financial year. Road design for Cathedral Avenue will be completed this month and this will then be referred to Council for approval before any works are commenced. The proposed submission to Main Roads would better compliment the new work once completed.
Moved: Cr. Lovitt Seconded: Cr. Adams
That Council authorises the Chief Executive Officer to make a formal submission to Main Roads WA in accordance with clause 7.2 of their Speed Zoning Policy to lower the existing posted speed limits on both Buffalo Road and Cathedral Avenue in Leschenault, to improve the safety and amenity for road users and residents in the area. Carried 12-0 20/240.
13.2 Notice of Motion for the Following Meeting - Cr Adams
Cr. Adams requested that the following Notice of Motion be placed in the Ordinary Council Meeting Agenda for Tuesday, 27 October 2020.
That Council, recognising the prolonged impact of the COVID19 virus on the economy at all levels of government and perhaps more importantly on the looming impact on household budgets, requests the CEO in partnership with the President, to bring together a committee, chaired by the President and consisting of equal representation from staff and councillors to: a) Critically review the 20/21 budget to identify ongoing and necessary services, maintenance, repairs and projects having immediate community benefit, while also identifying budgeted longer term proposals that could well be deferred until the outcome of the current COVID19 driven economic situation becomes clearer; and b) Review and recommend modifications to the several current policies that may well be difficult to justify and inappropriate during a period of enforced austerity such as we are almost certain to be required to address.
- Page 38 - Ordinary Council Minutes 27 October 2020
Officer’s Comments
The COVID-19 Pandemic has had and will continue to have impact on households, our local communities and the Shire of Harvey. The Shire’s responsibility to its community has been reinforced by the state and federal governments, calling local governments to assist in the remedial activities of the pandemic, with direction to seek out projects and other measures which would stimulate local economies in the recovery response.
On 7 October 2020, the federal government announced additional spending, to employ local governments in a ‘community led recovery plan’. A clear aim of the recovery plan was to empower local governments nation-wide, to deliver roads and community infrastructure and other local priorities which support local jobs and business. This included a Local Roads and Community Infrastructure Program for South West local governments for ‘shovel-ready’ projects.
The Shire through thorough process, utilises its detailed informing plans and strategies in the drafting and adoption of the Annual Budget, predicated on a base of strong financial planning. Included in this process is the review of the Shire’s Asset Management Plan, Forward Capital Works Plan, Corporate Business Plan, scheduling of Fees and Charges and of course the setting of Rates. These planning activities included Council in various workshops, as well as considering the needs of the community and other stakeholders through consultation processes. The robust process of adopting the Budget ensures a document which is both financially responsible and informed as well as facilitates the Shire’s operations to meet the strategic aims and direction of Council.
On 23 June 2020, the Shire identified to Council, the need to remodel a new Long Term Financial Plan (LTFP) when the effects of the COVID-19 Pandemic could be better understood. It was felt by the Administration that the financial information available was not sufficient to effectively forecast a 10 year forward financial plan. The delay aligns the LTFP with the review of Shire’s Strategic Community Plan, with an aim for each document to consider the effects of the COVID-19 pandemic and recovery. The LTFP is a critical function of the Shire’s strategic planning, guiding the Shire’s financial decision making with regard to operations, service levels, infrastructure replacement and renewal and the raising of revenue. The plan should be robust, and a barometer for future action, encouraging decision making which promotes long term financial sustainability.
The motion put forward implies Council taking a position to reduce expenditure on maintenance, repairs and service provision as well as deferring projects until a clearer economic and budgetary position is ratified. While the short term effect of such decision making may produce short term saving, it would be remiss to not consider the Shire’s long term financial and other planning activities when making immediate reactionary budget and policy decisions. It would also deviate from the recovery planning encouraged by the state and federal government to support local economic growth, including the utilisation of debt and reserves to fund stimulus projects. The Shire has already, in an effort to reduce the economic burden of the pandemic on both community and rate payers, introduced multiple policy and budgetary decisions. This has included the freezing of rates and fees and charges, the creation of a COVID-19 financial hardship policy, the bringing forward of various capital works programs to support local jobs and the re-purposing of reserves for stimulus infrastructure projects.
- Page 39 - Ordinary Council Minutes 27 October 2020
The Notice of Motion also request the creation of an additional committee to review the budget and policies. The Shire facilitates this process through detailed planning and budgetary workshops which include Council and Officers. The mid-year budget process will commence in the early part of 2021 and will consider the aforementioned forward planning processes in its delivery, with an aim to arrive at a sensible and sustainable budget. This process will be extensive, and the Council and Administration will have updated financial information to review our economic position, and consider the sustainability of our LTFP and the effects COVID-19 pandemic.
In closing the Shire has already completed a preliminary assessment in terms of rate revenue, and there has been a considerable increase in the early payment of rates, from 69 percent to 73 percent. This has indicated that the financial stability of rate payers due to the effects of the pandemic has not been as critical as initially predicted. By the mid-year budget review this position is likely to be clearer. The Shire recognises the need for frugality in these uncertain times, and will continue to look for efficiencies in its operations, and in the delivery of critical projects, and welcomes the input from Council at the mid-year budget review and LTFP process.
Moved: Cr. Adams Seconded: Cr. Lovitt
That Council, recognising the prolonged impact of the COVID19 virus on the economy at all levels of government and perhaps more importantly on the looming impact on household budgets, requests the CEO in partnership with the President, to bring together a committee, chaired by the President and consisting of equal representation from staff and councillors to: a) Critically review the 20/21 budget to identify ongoing and necessary services, maintenance, repairs and projects having immediate community benefit, while also identifying budgeted longer term proposals that could well be deferred until the outcome of the current COVID19 driven economic situation becomes clearer; and b) Review and recommend modifications to the several current policies that may well be difficult to justify and inappropriate during a period of enforced austerity such as we are almost certain to be required to address. Lost 4-8 14. Notice of Motion for Following Meeting
Nil.
15. Questions by Members of Which Due Notice Has Been Given
Nil.
Mrs. Edwards left the Chamber at 5.09pm.
16. Reports of Members
Mrs. Edwards entered the Chamber at 5.10pm.
Cr. Burgoyne reported on his attendance at the following:
• 2020 Political Forum and WALGA AGM with the Shire President
- Page 40 - Ordinary Council Minutes 27 October 2020
Cr. Campbell reported on her attendance at the following:
• Leschenault Progress Association board meeting • Morrissey Homestead AGM and board meeting • Community Sail Training Trust Advisory Group • Shire of Harvey community information day at the Treendale shopping centre • Youth Strategy Working Group
Cr. Campbell put forward her thanks to Councillors and Shire Officers who volunteered at the Lot 208 Youth Inc. dinner and acknowledged the success of the evening. Cr. Campbell also put forward her congratulations to Shire Officers for conducting a successful community engagement event at the Treendale shopping centre, attracting participation from over 150 residents.
Cr. Beech reported on his attendance at the following:
• Harvey Recreation and Cultural Centre Advisory Group meeting with the Shire President • Harvey Community Resource Centre committee meeting • Yarloop Walk Trail Opening with the Shire President and Cr. Jackson and Cr. Dickinson • South West Bike Trek cheque presentation and afternoon tea • Harvey Community Radio AGM
On behalf of David Marshall, Cr. Beech put forward thanks to Council and Shire for the support and additional funding for the Harvey Community Radio during the COVID-19 pandemic. Cr. Beech also acknowledged the Harvey Community Radio on their success on becoming finalists in the CBAA Community Radio Awards, winners will be announced on Monday, 2 November 2020.
Cr. Bromham reported on his attendance at the following:
• Ongoing surveys with the Lot 208 Youth Inc. participants and community • Youth Strategy Working Group meeting • Binningup Water Sports Club meeting • Binningup Water Sports Building management meeting • Leschenault Bush Fire Brigade meeting
Cr. Bromham put forward his thanks to the Shire for their ongoing work and commitment to the Binningup Water Sports Committee.
Cr. Coleman reported on her attendance at the following:
• South West Bike Trek cheque presentation and afternoon tea • Camp Mornington tour with the Chief Executive Officer, Director Community and Lifestyle and Shire President • Historical Machinery Display Shed with Marion Lofthouse, Graham Manning and Richard Knight • Camp Mornington discussion with Robyn Clarke and Mark McGowan
- Page 41 - Ordinary Council Minutes 27 October 2020
Cr. Dickinson reported on her attendance at the following:
• Bunbury Harvey Regional Council meeting • Yarloop Walk Trail Opening • Leschenault Leisure Centre Advisory Group with Cr. Lovitt • Yarloop Place Advisory Group • WALGA Training - Planning Practices • South West Bike Trek cheque presentation and afternoon tea • Leschenault Catchment Council AGM • Yarloop Workshop Committee meeting • Binningup Youth Camp AGM
17. Seal Register
Officer’s Recommendation:
That Council:
1. Notes the use of the Common Seal under Delegated Authority (1.1.1) in accordance with Council Policy (1.1.2) on the following items: Prepared By • Deed of Covenant Document – Lot 9003 DP Dave Rose and the 417454 – Meadowview Estate Shire of Harvey • Landgate – Surrender of Easement – Lot 9003 Dave Rose and the DP 417454 Shire of Harvey • Withdrawal of Caveat – Lot 9012 DP 48683 McLeaods Kingston Barristers & Solicitors
2. Notes the use of the Common Seal on items previously authorised by Council as follows: Prepared By • Loan Agreement Brunswick River Cottages Shire of Harvey
Moved: Cr. Beech Seconded: Cr. Burgoyne
That Council: 1. Notes the use of the Common Seal under Delegated Authority (1.1.1) in accordance with Council Policy (1.1.2) on the following items: Prepared By • Deed of Covenant Document – Lot 9003 DP Dave Rose and the 417454 – Meadowview Estate Shire of Harvey • Landgate – Surrender of Easement – Lot 9003 Dave Rose and the DP 417454 Shire of Harvey • Withdrawal of Caveat – Lot 9012 DP 48683 McLeaods Kingston Barristers & Solicitors 2. Notes the use of the Common Seal on items previously authorised by Council as follows: Prepared By • Loan Agreement Brunswick River Cottages Shire of Harvey Carried 12-0 20/241.
- Page 42 - Ordinary Council Minutes 27 October 2020
18. New Business of an Urgent Nature Introduced by Decision of Meeting
18.1 Notice of Motion
That Council accepts new business of an urgent nature to the meeting being Notice of Motion from Cr. Coleman.
Moved: Cr. Coleman Seconded: Cr. Adams
That Council accepts new business of an urgent nature to the meeting being Notice of Motion from Cr. Coleman. Carried 12-0 20/242.
Moved: Cr. Coleman Seconded: Cr. Lovitt
That Council consider a local and state partnership to secure Camp Mornington, and if considered give authority to the CEO to progress matters with in-principle support.
Reason
Council wishes to retain Camp Mornington as a benefit for the community. The property is currently for sale by offers with the closing date for offers being 27 November 2020. This multifunction facility will provide crisis care to at risk youth, support the local aboriginal community by providing back to country programs and engage in commercial opportunities. This facility will fill a gap in providing safe and accessible short term accommodation for Youth under 16 who are experiencing mental health issues. In addition, youth will be linked with external agencies who can provide additional assistance.
Amendment to the recommendation
Moved: Cr. Gillett Seconded: Cr. Dickinson
That Council request the Chief Executive Officer to provide a report to a Special Council meeting to be held on November ___ 2020 via zoom, containing a draft business case with consideration of financial implications. Carried 7-5 20/243.
Substantive Motion
1. That Council consider a local and state partnership to secure Camp Mornington, and if considered give authority to the CEO to progress matters with in-principle support. 2. That Council request the Chief Executive Officer to provide a report to a Special Council meeting to be held on November 9 2020 via zoom, containing a draft business plan with consideration of financial implications. Lost 5-7
- Page 43 - Ordinary Council Minutes 27 October 2020
18.2 SAT Review – Extractive Industry – The GM Giacci Family Trust – Lot 4 Binningup Road, Binningup (A002367/EX/007)
That Council accepts new business of an urgent nature to the meeting being report 18.2 - 18.2 SAT Review – Extractive Industry – The GM Giacci Family Trust – Lot 4 Binningup Road, Binningup (A002367/EX/007).
Moved: Cr. Gillett Seconded: Cr. Beech
That Council accepts new business of an urgent nature to the meeting being report 18.2 - 18.2 SAT Review – Extractive Industry – The GM Giacci Family Trust – Lot 4 Binningup Road, Binningup (A002367/EX/007). Carried 12-0 20/244.
19. Matters Behind Closed Doors
Cr. Burgoyne and Cr. Carbone left the Chamber at 5.35pm.
Moving Behind Closed Doors
Moved: Cr. Adams Seconded: Cr. Simpson
That Council Moves Behind Closed Doors in accordance with Section 5.23 (2)(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting. Carried 10-0 20/245.
Council moved behind closed doors at 5.35pm.
Mr. Stewart and Ms. Davies left the Chamber at 5.35pm.
Mr. Ewing left the Chamber at 5.36pm.
Miss. Schindler left the Chamber at 6.01pm.
Item No. 18.2 Subject: SAT Review – Extractive Industry Proponent: The GM Giacci Family Trust Location: Lot 4 Binningup Road, Binningup Reporting Officer: Planning Officer (AR) Authorising Officer: Acting Director Sustainable Development File No.: A002367/EX/007
Miss. Schindler entered the Chamber at 6.06pm.
This matter is currently before the State Administrative Tribunal (SAT) and the report at Confidential Attachment 2 contains information received resulting from SAT orders.
Therefore, pursuant to section 5.23(2)(d) of the Local Government Act 1995, the matter will be discussed ‘behind closed doors’ as it deals with “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.
- Page 44 - Ordinary Council Minutes 27 October 2020
Officer’s Recommendation
That Council support Minute of Consent Orders being provided to the State Administrative Tribunal regarding Matter No. DR 99 of 2020 for the State Administrative Tribunal invite Council to reconsider its original decision pursuant to Section 31 of the State Administrative Tribunal Act 2004.
Moved: Cr. Bromham Seconded: Cr. Campbell
That Council support Minute of Consent Orders being provided to the State Administrative Tribunal regarding Matter No. DR 99 of 2020 for the State Administrative Tribunal invite Council to reconsider its original decision pursuant to Section 31 of the State Administrative Tribunal Act 2004.
Tied 5-5 Carried by Casting Vote 6-5 20/246.
Cr. Bromham left the Chamber at 6.22pm Cr. Coleman left the Chamber at 6.24pm
Item No. 19.1 Subject: SAT Invitation to reconsider Conditions of Development Approval – Extractive Industry Proponent: Carbone Bros Pty Ltd Location: Lot 29 Tredrea Place, Myalup Reporting Officer: Manager Planning Services Authorising Officer: Director Sustainable Development File No.: A007913/EX/002 Attachment Reg. No. 20/17851
Cr. Bromham and Cr. Coleman entered the Chamber at 6.26
This matter is currently before the State Administrative Tribunal and the report at Confidential Attachment 1 contains information discussed during mediation and legal advice.
Therefore, pursuant to section 5.23(2)(d) of the Local Government Act 1995, the matter will be discussed ‘behind closed doors’ as it deals with “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.
Officer’s Recommendation 1 of 2
That Council endorses the Phytophthora Dieback Information Brochure Template (Attachment 4) for use by extractive industry proponents within the Shire.
Moved: Cr. Bromham Seconded: Cr. Beech
That Council endorses the Phytophthora Dieback Information Brochure Template (Attachment 4) for use by extractive industry proponents within the Shire. Carried 10-0 20/047.
Officer’s Recommendation 2 of 2
That Council, pursuant to section 31(2)(b) of the State Administrative Tribunal Act 2004:
- Page 45 - Ordinary Council Minutes 27 October 2020
1. Amends condition 2 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 to be reworded as follows:
“This approval is valid for a period of ten (10) years from the date of the issue of the Extractive Industry Licence. If development is not completed within this period, a new approval must be obtained before commencing or continuing development.”
2. Refuses to amend condition 3 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020.
3. Amends condition 4 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 to be reworded as follows:
“Prior to the issue of an Extractive Industry Licence, the Applicant shall prepare and submit for approval by the Shire, a Rehabilitation Management and Monitoring Plan which shall include: a. Revegetation and rehabilitation of the extraction area the subject of this approval and include details of current and completed revegetation areas;
b. Proposed rehabilitation back to pasture to ensure no net loss of agricultural land occurs;
c. Details of species types and maintenance and monitoring measures;
d. The site is reinstated with a minimum of 400mm cover of overburden and topsoil to a finished rehabilitated level at least 1m above the highest water table level; and
e. All slopes of the batters at the end of excavation, being retained at no more than 1:6 vertical to horizontal.”
4. Amends condition 5 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 to be reworded as follows:
“Prior to the issue of an Extractive Industry Licence, the Applicant shall submit for approval by the Shire an amended Phytophthora Dieback Information Brochure. The amended Phytophthora Dieback Information Brochure shall include the ‘best practice management techniques’ utilised by the operator for Lot 29 and be consistent with the Shire’s Template.
5. Refuses to amend condition 9 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020.
6. Deletes condition 11 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 and renumbers remaining conditions.
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7. Includes the following as an Advice Note on the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020:
“All extraction shall comply with: a. The Shire of Harvey Extractive Industry Local Law 2017, including the holding of a valid licence for all periods of operation; and
b. The Department of Water and Environmental Regulation’s “Water Quality Protection Note 15 “Basic Raw Materials Extraction”.”
8. Reissues the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 as follows:
1. No extraction works associated with this Development Approval shall occur on the property until Conditions 3) to 9) of this Development Approval have been satisfactorily achieved and an Extractive Industry Licence has been issued by the Shire.
2. This approval is valid for a period of ten (10) years from the date of the issue of the Extractive Industry Licence. If development is not completed within this period, a new approval must be obtained before commencing or continuing development.
Prior to Extractive Industry Licence
3. Prior to the issue of an Extractive Industry Licence, the Applicant shall submit an amended proposal for approval by the Shire that addresses:
a. the proposed extraction area being modified to ensure the retention and protection of the “Tuart (Eucalyptus gomphocephala) Woodlands and Forests of the Swan Coastal Plain Ecological Community”, which includes the six Tuarts initially proposed to be cleared, with a buffer of at least 30m from the outer edge of the canopies; and
b. updated proposal details including: i. total area to be extracted; ii. total volume of limestone to be extracted; and iii. staging and extraction timeframe.
4. Prior to the issue of an Extractive Industry Licence, the Applicant shall prepare and submit for approval by the Shire, a Rehabilitation Management and Monitoring Plan which shall include:
a. Revegetation and rehabilitation of the extraction area the subject of this approval and include details of current and completed revegetation areas;
b. Proposed rehabilitated back to pasture to ensure no net loss of agricultural land occurs;
c. Details of species types and maintenance and monitoring measures;
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d. The site is reinstated with a minimum of 400mm cover of overburden and topsoil to a finished rehabilitated level at least 1m above the highest water table level; and
e. All slopes of the batters at the end of excavation, being retained at no more than 1:6 vertical to horizontal.
5. Prior to the issue of an Extractive Industry Licence, the Applicant shall submit for approval by the Shire an amended Phytophthora Dieback Information Brochure. The amended Phytophthora Dieback Information Brochure shall include the ‘best practice management techniques’ utilised by the operator for Lot 29 and be consistent with the Shire’s Template.
6. Prior to the issue of an Extractive Industry Licence, a reinstatement bond of $5,000 per hectare shall be provided to the Shire in the form of a Bond or an irrevocable and unconditional Bank Guarantee.
7. Prior to the issue of an Extractive Industry Licence, a contribution shall be made towards the maintenance and upgrading of Tredrea Place and Taranto Road in accordance with the methodology adopted by WALGA in the document “Estimating the Incremental Cost Impact on Sealed Local Roads from Additional Freight Tasks, May 2015”.
8. Prior to the issue of an Extractive Industry Licence, the Applicant shall have the approved pit boundaries surveyed and fenced by a suitably qualified surveyor, with the location of such pegs being to the satisfaction of the Shire.
9. Prior to the issue of an Extractive Industry Licence, a suitable demarcation barrier shall be erected 30m from the outer edge of the canopies of the Tuart (Eucalyptus gomphocephala) Woodlands and Forests of the Swan Coastal Plain Ecological Community as shown on the approved plan, to the satisfaction of the Shire.
Ongoing
10. The Approved Development shall, at all times, comply with the approved plans as approved Management Plans, as modified by conditions of this approval.
11. The Applicant shall engage a suitably qualified independent expert to carry out an Annual Audit of Compliance (AAC) of the conditions of Development Approval and Extractive Industry Licence and the AAC shall include a progress report on the conditions of the Development Approval and Extractive Industry Licence including:
a. Details of completed, ongoing and future rehabilitation areas;
b. Photos of rehabilitated areas;
c. Monitoring and reporting details, if available;
d. Start and completion dates, and expected start dates, if applicable; and
e. A map depicting the rehabilitation areas and their completion progress.
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12. No crushing or screening activities shall occur unless a Works Approval has been obtained from the Department of Water and Environmental Regulation as required by Part V of the Environmental Protection Act 1986.
13. Stockpiles shall be kept to a maximum height of 5m to avoid visual impact and/or material wind drift.
14. Operating hours are restricted to 7.00a.m. – 5.00p.m., Monday to Friday and 7.00a.m. – 12.00 noon on Saturday. No activities to occur on Sunday or Public Holidays.
15. The Applicant is required to provide a copy of the endorsed Phytophthora Dieback and Extractive Industries Information Brochure:
a. To each new customer of the extractive industry operation; and
b. Once to each existing customer of the extractive industry operation as an updated version.
16. The approved Water Management Plan (Document No. A007913/EX/002 – MP1) shall be implemented to the satisfaction of the Shire in consultation with the Department of Water and Environmental Regulation.
17. The approved Weed Management Plan (Document No. A007913/EX/002 – MP2) shall be implemented to the satisfaction of the Shire in consultation with the Department of Primary Industries and Regional Development.
18. The approved Dust Management Plan (Document No. A007913/EX/002 – MP3) shall be implemented to the satisfaction of the Shire.
19. The approved Dieback Management and Monitoring Plan (Document No. A007913/EX/002 – MP4) shall be implemented to the satisfaction of the Shire.
20. The approved Rehabilitation Management and Monitoring Plan (Document No. A007913/EX/002 – MP5) shall be implemented to the satisfaction of the Shire.
21. The pit boundary survey pegs shall remain in place for the duration of the operation to the satisfaction of the Shire.
22. Following the occurrence of a rainfall event greater than the 10 year/2 hour Average Recurrence Interval, the proponent shall inspect the site and provide a report to the Shire, including details of impacts and remediation actions, if required.
23. Any refuelling activities shall be undertaken in accordance with the Department of Water and Environmental Regulations’ Water Quality Protection Note - Toxic and Hazardous Substance Storage and Use. There is to be no storage of hydrocarbons on-site and no major vehicle or machinery repairs or maintenance is to take place on-site.
24. With respect to the reinstatement bond required by condition e), the Shire:
a. may call on the Bank Guarantee or Bond for the purpose of carrying out or maintaining rehabilitation work required by the Rehabilitation Management
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and Monitoring Plan, where that work has not been satisfactorily carried out by the Applicant;
b. may, with one week’s written notice to the Applicant, enter Lot 29 for the purpose of carrying out or maintaining the rehabilitation work;
c. may retain the Bank Guarantee or Bond and/or enter Lot 29 in accordance with the preceding paragraph for three years after the expiration of this approval, or until the works prescribed by the Rehabilitation Management and Monitoring Plan have been satisfactorily completed (whichever is the later); and
d. must return the Bank Guarantee or Bond (or the balance thereof) to the Applicant at the expiration of that period.
Advice Notes:
1. The Applicant is advised of their obligations under the Environment Protection and Biodiversity Conservation Act 1999.
2. The Department of Planning, Lands and Heritage recommends that reference be made to the State’s Aboriginal Heritage Due Diligence Guidelines.
3. All extraction shall comply with:
a. The Shire of Harvey Extractive Industry Local Law 2017, including the holding of a valid licence for all periods of operation; and
b. The Department of Water and Environmental Regulation’s “Water Quality Protection Note 15 “Basic Raw Materials Extraction”.
Moved: Cr. Dickinson Seconded: Cr. Bromham
That Council, pursuant to section 31(2)(b) of the State Administrative Tribunal Act 2004: 1. Amends condition 2 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 to be reworded as follows: “This approval is valid for a period of ten (10) years from the date of the issue of the Extractive Industry Licence. If development is not completed within this period, a new approval must be obtained before commencing or continuing development.” 2. Refuses to amend condition 3 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020. 3. Amends condition 4 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 to be reworded as follows: “Prior to the issue of an Extractive Industry Licence, the Applicant shall prepare and submit for approval by the Shire, a Rehabilitation Management and Monitoring Plan which shall include: f. Revegetation and rehabilitation of the extraction area the subject of this approval and include details of current and completed revegetation areas;
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g. Proposed rehabilitation back to pasture to ensure no net loss of agricultural land occurs; h. Details of species types and maintenance and monitoring measures; i. The site is reinstated with a minimum of 400mm cover of overburden and topsoil to a finished rehabilitated level at least 1m above the highest water table level; and j. All slopes of the batters at the end of excavation, being retained at no more than 1:6 vertical to horizontal.” 4. Amends condition 5 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 to be reworded as follows: “Prior to the issue of an Extractive Industry Licence, the Applicant shall submit for approval by the Shire an amended Phytophthora Dieback Information Brochure. The amended Phytophthora Dieback Information Brochure shall include the ‘best practice management techniques’ utilised by the operator for Lot 29 and be consistent with the Shire’s Template. 5. Refuses to amend condition 9 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020. 6. Deletes condition 11 of the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 and renumbers remaining conditions. 7. Includes the following as an Advice Note on the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020: “All extraction shall comply with: a. The Shire of Harvey Extractive Industry Local Law 2017, including the holding of a valid licence for all periods of operation; and b. The Department of Water and Environmental Regulation’s “Water Quality Protection Note 15 “Basic Raw Materials Extraction”.” 8. Reissues the Development Approval for limestone extraction from Lot 29 Tredrea Place, Myalup (A007913/EX/002) in relation to review DR 77/2020 as follows: 25. No extraction works associated with this Development Approval shall occur on the property until Conditions 3) to 9) of this Development Approval have been satisfactorily achieved and an Extractive Industry Licence has been issued by the Shire. 26. This approval is valid for a period of ten (10) years from the date of the issue of the Extractive Industry Licence. If development is not completed within this period, a new approval must be obtained before commencing or continuing development. Prior to Extractive Industry Licence 27. Prior to the issue of an Extractive Industry Licence, the Applicant shall submit an amended proposal for approval by the Shire that addresses: a. the proposed extraction area being modified to ensure the retention and protection of the “Tuart (Eucalyptus gomphocephala) Woodlands and Forests of the Swan Coastal Plain Ecological Community”, which includes the six Tuarts initially proposed to be cleared, with a buffer of at least 30m from the outer edge of the canopies; and b. updated proposal details including: i. total area to be extracted; ii. total volume of limestone to be extracted; and iii. staging and extraction timeframe.
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28. Prior to the issue of an Extractive Industry Licence, the Applicant shall prepare and submit for approval by the Shire, a Rehabilitation Management and Monitoring Plan which shall include: a. Revegetation and rehabilitation of the extraction area the subject of this approval and include details of current and completed revegetation areas; b. Proposed rehabilitated back to pasture to ensure no net loss of agricultural land occurs; c. Details of species types and maintenance and monitoring measures; d. The site is reinstated with a minimum of 400mm cover of overburden and topsoil to a finished rehabilitated level at least 1m above the highest water table level; and e. All slopes of the batters at the end of excavation, being retained at no more than 1:6 vertical to horizontal. 29. Prior to the issue of an Extractive Industry Licence, the Applicant shall submit for approval by the Shire an amended Phytophthora Dieback Information Brochure. The amended Phytophthora Dieback Information Brochure shall include the ‘best practice management techniques’ utilised by the operator for Lot 29 and be consistent with the Shire’s Template. 30. Prior to the issue of an Extractive Industry Licence, a reinstatement bond of $5,000 per hectare shall be provided to the Shire in the form of a Bond or an irrevocable and unconditional Bank Guarantee. 31. Prior to the issue of an Extractive Industry Licence, a contribution shall be made towards the maintenance and upgrading of Tredrea Place and Taranto Road in accordance with the methodology adopted by WALGA in the document “Estimating the Incremental Cost Impact on Sealed Local Roads from Additional Freight Tasks, May 2015”. 32. Prior to the issue of an Extractive Industry Licence, the Applicant shall have the approved pit boundaries surveyed and fenced by a suitably qualified surveyor, with the location of such pegs being to the satisfaction of the Shire. 33. Prior to the issue of an Extractive Industry Licence, a suitable demarcation barrier shall be erected 30m from the outer edge of the canopies of the Tuart (Eucalyptus gomphocephala) Woodlands and Forests of the Swan Coastal Plain Ecological Community as shown on the approved plan, to the satisfaction of the Shire. Ongoing The Approved Development shall, at all times, comply with the approved plans as approved Management Plans, as modified by conditions of this approval. 34. The Applicant shall engage a suitably qualified independent expert to carry out an Annual Audit of Compliance (AAC) of the conditions of Development Approval and Extractive Industry Licence and the AAC shall include a progress report on the conditions of the Development Approval and Extractive Industry Licence including: a. Details of completed, ongoing and future rehabilitation areas; b. Photos of rehabilitated areas; c. Monitoring and reporting details, if available; d. Start and completion dates, and expected start dates, if applicable; and e. A map depicting the rehabilitation areas and their completion progress. 35. No crushing or screening activities shall occur unless a Works Approval has been obtained from the Department of Water and Environmental Regulation as required by Part V of the Environmental Protection Act 1986. 36. Stockpiles shall be kept to a maximum height of 5m to avoid visual impact and/or material wind drift.
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37. Operating hours are restricted to 7.00a.m. – 5.00p.m., Monday to Friday and 7.00a.m. – 12.00 noon on Saturday. No activities to occur on Sunday or Public Holidays. 38. The Applicant is required to provide a copy of the endorsed Phytophthora Dieback and Extractive Industries Information Brochure: a. To each new customer of the extractive industry operation; and b. Once to each existing customer of the extractive industry operation as an updated version. 39. The approved Water Management Plan (Document No. A007913/EX/002 – MP1) shall be implemented to the satisfaction of the Shire in consultation with the Department of Water and Environmental Regulation. 40. The approved Weed Management Plan (Document No. A007913/EX/002 – MP2) shall be implemented to the satisfaction of the Shire in consultation with the Department of Primary Industries and Regional Development. 41. The approved Dust Management Plan (Document No. A007913/EX/002 – MP3) shall be implemented to the satisfaction of the Shire. 42. The approved Dieback Management and Monitoring Plan (Document No. A007913/EX/002 – MP4) shall be implemented to the satisfaction of the Shire. 43. The approved Rehabilitation Management and Monitoring Plan (Document No. A007913/EX/002 – MP5) shall be implemented to the satisfaction of the Shire. 44. The pit boundary survey pegs shall remain in place for the duration of the operation to the satisfaction of the Shire. 45. Following the occurrence of a rainfall event greater than the 10 year/2 hour Average Recurrence Interval, the proponent shall inspect the site and provide a report to the Shire, including details of impacts and remediation actions, if required. 46. Any refuelling activities shall be undertaken in accordance with the Department of Water and Environmental Regulations’ Water Quality Protection Note - Toxic and Hazardous Substance Storage and Use. There is to be no storage of hydrocarbons on-site and no major vehicle or machinery repairs or maintenance is to take place on-site. 47. With respect to the reinstatement bond required by condition e), the Shire: a. may call on the Bank Guarantee or Bond for the purpose of carrying out or maintaining rehabilitation work required by the Rehabilitation Management and Monitoring Plan, where that work has not been satisfactorily carried out by the Applicant; b. may, with one week’s written notice to the Applicant, enter Lot 29 for the purpose of carrying out or maintaining the rehabilitation work; c. may retain the Bank Guarantee or Bond and/or enter Lot 29 in accordance with the preceding paragraph for three years after the expiration of this approval, or until the works prescribed by the Rehabilitation Management and Monitoring Plan have been satisfactorily completed (whichever is the later); and d. must return the Bank Guarantee or Bond (or the balance thereof) to the Applicant at the expiration of that period. Advice Notes: 4. The Applicant is advised of their obligations under the Environment Protection and Biodiversity Conservation Act 1999. 5. The Department of Planning, Lands and Heritage recommends that reference be made to the State’s Aboriginal Heritage Due Diligence Guidelines. 6. All extraction shall comply with:
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a. The Shire of Harvey Extractive Industry Local Law 2017, including the holding of a valid licence for all periods of operation; and b. The Department of Water and Environmental Regulation’s “Water Quality Protection Note 15 “Basic Raw Materials Extraction”. Carried 10-0 20/248.
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Returning from Behind Closed Doors
Moved: Cr. Adams Seconded: Cr. Dickinson
That Council return from behind closed doors. Carried 10-0 20/249.
Council returned from behind closed doors at 6.30pm.
20. Closure of Meeting
There being no further business to discuss, the meeting was declared closed at 6.30pm.
I, Cr. Paul Gillett certify that the aforesaid Minutes of the meeting held on Tuesday, 27 October 2020, are a true and correct record of that meeting on Tuesday, 27 October 2020.
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Cr. Paul Gillett Shire President
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