Ordinary Council Meeting Minutes 21 March 2013
CONFIRMATION OF MINUTES
These minutes were confirmed by the Council on 18th April 2013 as a true and accurate record of the Ordinary Council Meeting held on 21st March, 2013.
……..…………………………………. C (Turk) Shales Shire President
All attachment items referred to in these minutes are available for public perusal at the Shire office
DISCLAIMER
The advice and information contained herein is given by and to the Council without liability for its accuracy. Before placing any reliance on this advice or information, a written inquiry should be made to the Council giving entire reasons for seeking the advice or information and how it is proposed to be used.
Please note this agenda contains recommendations which have not yet been adopted by Council.
No responsibility whatsoever is implied or accepted by the Shire of Exmouth for any act, omission, statement or intimation occurring during the Council/Committee meetings or during formal/informal conversations with staff. The Shire of Exmouth disclaims any liability for any loss whatsoever and however caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation. Any person or legal entity who acts or fails to act in reliance upon any statement does so at the person’s or legal entity’s own risk.
In particular and without derogating in any way from the broader disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or limitation of approval made by a member or officer of the Shire of Exmouth during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Exmouth. The Shire of Exmouth warns that anyone who has an application lodged with the Shire of Exmouth must obtain and should only rely on written confirmation of the outcome of the application.
Signed at Exmouth (B Price), Chief Executive Officer Shire of Exmouth
INDEX OF MINUTES
1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ...... 5 2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ...... 5 3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ...... 5 4. PUBLIC QUESTIONS TIME ...... 6 5 APPLICATIONS FOR LEAVE OF ABSENCE ...... 6 6. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ...... 6 7. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION...... 7 8. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS ...... 7 9. REPORT OF COUNCILLORS ...... 7 10. REPORTS OF OFFICER ...... 8 10.1 CHIEF EXECUTIVE OFFICER ...... 8 10.1.1 CHIEF EXECUTIVE OFFICERS REPORT ...... 8 10.1.2 FISHING HISTORY INTERPRETATION - KAILIS KING PRAWN ...... 14 10.1.3 NEW POLICY – COUNCIL USE OF SOCIAL MEDIA ...... 16 10.2 EXECUTIVE MANAGER CORPORATE SERVICES ...... 19 10.2.1 GENERAL REPORT ...... 19 10.2.2 MONTHLY FINANCIAL STATEMENTS AND REPORT ...... 22 10.3 EXECUTIVE MANAGER AVIATION SERVICES...... 24 10.3.1 GENERAL REPORT ...... 24 10.3.2 LEASE ALLOCATIONS – EXMOUTH AERODROME ...... 28 10.4 EXECUTIVE MANAGER COMMUNITY ENGAGEMENT ...... 33 10.4.1 GENERAL REPORT ...... 33 10.5 EXECUTIVE MANAGER HEALTH & BUILDING ...... 38 10.5.1 GENERAL REPORT ...... 38 10.5.2 NINGALOO LIGHTHOUSE CARAVAN PARK – APPLICATION FOR INCREASE IN OVERFLOW SITES ...... 42 10.6 EXECUTIVE MANAGER TOWN PLANNING ...... 45 10.6.1 GENERAL REPORT ...... 45 10.6.2 FINAL ADOPTION OF SCHEME AMENDMENT 27 - LOT 1, 101, 112 & 220 MINILYA- EXMOUTH ROAD ...... 48 10.6.3 HOARDING SIGN UPON LOT 1112 NIMITZ STREET, EXMOUTH ...... 74 10.6.4 TENDER ADOPTION – LOCAL PLANNING STRATEGY AND LOCAL PLANNING SCHEME (TENDER: 03/2013) ...... 79 10.6.5 OVERSIZED OUTBUILDING PRIOR TO A DWELLING ...... 82 10.6.6 HOLIDAY ACCOMMODATION, COMMERCIAL KITCHEN AND CHECK IN OFFICE UPON LYNDON LOCATION 166, BULLARA STATION EXMOUTH ...... 88 10.6.7 SECTION 40 PERMIT: LIQUOR WITH OR WITHOUT A MEAL AND TWO (2) EXTENDED TRADING PERMITS (RESTAURANT) ...... 97 10.6.8 PROPOSED DISPOSAL OF PORTIONS OF SECTION 20A RESERVE 47803 (LOT 1477) MADAFFARI DRIVE, EXMOUTH MARINA ...... 101 10.7 EXECUTIVE MANAGER ENGINEERING SERVICES ...... 105
Shire of Exmouth-Minutes- 21 March 2013
10.7.1 GENERAL REPORT ...... 105 10.7.2 TENDER 02/2013 CONSTRUCTION TANTABIDDI BOAT RAMP TOILET BLOCK, EXMOUTH ... 112 11. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...... 114 12. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ...... 114 12.1 CANAL JETTY ADJACENT TO LOT 361 (5) KESTREL PLACE EXMOUTH ...... 114 13. MATTERS TO BE CONSIDERED BEHIND CLOSED DOORS ...... 118 14. CLOSURE OF MEETING ...... 119
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ORDINARY COUNCIL MEETING MINUTES
OOuurr VViissiioonn To support and develop a vibrant, welcoming community that embraces its past, values its present and plans for a sustainable future
OOuurr PPuurrppoossee To responsibly provide governance for the whole community in the best interest of current and future generations
OOuurr SSttrraatteeggiicc OObbjjeeccttiivveess To provide sustainable management of the organisation To consistently apply the principles of Good Governance To communicate effectively To promote socioeconomic development To value our environment and heritage
1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS The Shire President declared the meeting open at 3.30pm and apologised to the gallery for the delay in proceedings.
2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE
Councillor C (Turk) Shales Shire President Councillor S Fitzgerald Deputy Shire President Councillor R Winzer Councillor M Hood Councillor G Thompson Councillor J Warren Mr B Price Chief Executive Officer Ms V Volkoff Administration Manager Mrs J Kox Executive Manager Aviation Services Mrs L Rampling Community Development Officer Mr P Barber Environmental Health Officer Mr R Mhasho Executive Manager Town Planning Mr K Woodward Executive Manager Engineering Services
GALLERY Visitors: 7
APOLOGIES Mrs S O’Toole Executive Manager Corporate Services Mr R Kempe Executive Manager Community Engagement Mr R Manning Executive Manager Health & Building
LEAVE Nil
3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil 5 Shire of Exmouth-Minutes- 21 March 2013
4. PUBLIC QUESTIONS TIME In accordance with section 5.24 of the Local Government Act 1995, a 15 minute public question time is made available to allow members of the public the opportunity of questioning Council on matters concerning them.
Council Consideration Towards Public When public questions necessitate resolutions of Council, out of courtesy and at the President discretion the matter is to be dealt with immediately to allow the public to observe the determination of the matter (obviates the need for the public to wait an undetermined period of time).
When a matter is listed on the Agenda and member/s of the public are in attendance to observe the determination of the matter, out of courtesy and at the discretion of the President the matter is to be brought forward on the agenda and dealt with immediately to allow the public to observe the determination of the matter (again this obviates the need for the public to wait an indeterminate period of time).
Six (6) Questions were submitted by Mr Gavin Penfold from Birds Eye View with regards to the Lease Allocations and the Exmouth Aerodrome Masterplan.
Q1. Where in writing is my agreement with Jenny Kox with the new plans?
Q2. Why does the southern access road of the Birds Eye View Lease have to extend to the runway?
Q3. Why is Council removing the potential for Birds Eye View to sub-lease a portion of their hangar to CHC Helicopters.
Q4. Is the Shire prepared to accept liability for providing us with an invalid lease?
Q5. Are the Councillors aware that our second hangar application will be heard by the State Administrative Tribunal?
Q6. How can we make a decision on the new plans when no rates have been supplied?
The Shire President informed that the Council have agreed to take the above questions on notice. Mr Penfold’s questions will be responded to accordingly and included in the next ordinary meeting minutes.
5 APPLICATIONS FOR LEAVE OF ABSENCE The Local Government Act 1995 (Section 2.25) provides that a Council may, by resolution, grant leave of absence to a member for Ordinary Council Meetings. A member who is absent, without first obtaining leave of the Council, throughout three consecutive Ordinary meetings of the Council is disqualified from continuing his or her membership of the Council.
Disqualification from membership of the Council for failure to attend Ordinary Meetings of the Council will be avoided so long as the Council grants leave prior to the member being absent. The leave cannot be granted retrospectively. An apology for non attendance at a meeting is not an application for leave of absence.
Nil
6. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS That the Minutes of the Audit Committee Meeting held on 19 March 2013 and the Ordinary Meeting of the Shire of Exmouth held on the 21 February 2013 be confirmed as a true and correct record of proceedings.
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COUNCIL DECISION – 02-0313 - ITEM 6
Moved Councillor Fitzgerald, Seconded Councillor Hood. That the Minutes of the Audit Committee Meeting held on 19 March 2013 and the Ordinary Meeting of the Shire of Exmouth held on the 21 February 2013 be confirmed as a true and correct record of proceedings.
CARRIED 6/0
7. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION
The Shire President informed Council of an invitation to meet with Alicia Woodward, the United States Consular General and a delegation from the Centre for New American Security (CNAS). He and the Chief Executive Officer travelled to Perth to attend the meeting on Wednesday 20 March 2013. Discussions were held on the opportunity for Exmouth to host American Defence Force personnel as part of a joint partnership with ADF.
The Shire President also acknowledged the Liberal Government retaining power after the recent WA State Government Election of which Premier Mr Colin Barnett announced $700,000 for a new Volunteer Marine Rescue Building should he be re-elected. This is fantastic news for Exmouth’s Volunteer Marine Rescue Group.
8. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS Nil
9. REPORT OF COUNCILLORS
Councillor Winzer informed Council of his attendance to the Gascoyne Regional Road Group Meeting held in Carnarvon on Thursday 28 February 2013.
Cr Winzer also advised having attended the Gascoyne Regional Zone Meeting which discussed Bush Fire management and waste collection. There was also discussion on Tourism and an attempt to try to get flights and links between Kalbarri, Shark Bay and Carnarvon as the decline in Skippers services is severely affecting Tourism on these towns.
Cr Winzer also informed Council of his attendance to the State Council Meeting on 6th March.
Cr Hood provided an update to Council regarding the employment of a new manager for the Visitor Centre, the selection process is down to 3 people.
Cr Hood also informed Council and the gallery of his progress with the working party for the reintroduction of Horse Racing in Exmouth.
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10. REPORTS OF OFFICER
10.1 Chief Executive Officer
10.1.1 Chief Executive Officers Report
Location: Exmouth Applicant: Chief Executive Officer File Reference: GV.ME.0 Disclosure of Interest: Nil Date: 12 March 2013 Author: Chief Executive Officer, Mr B Price Signature of Author:
SUMMARY The following report contains a brief summary of significant activities, events or issues that were raised since the last meeting.
BACKGROUND Ningaloo Centre The following is an update on the progress of the Ningaloo Centre project provided by Andrew Forte, Strategic Project Officer.
1. RFT 04/2013 ‘Design and Construction of the Ningaloo Centre’ No inquiries from tenderers have arisen with two weeks to close date on 27 March 2013.
2. Regional Development Australia Funding (RDAF) Outcome The Shire of Exmouth’s Expression of Interest (EOI) for $8M toward the $30M Ningaloo Centre construction has received nomination to proceed to full application.
With only $175M of Commonwealth grant funds available under RDAF Round 4 this round is hugely oversubscribed. However, the Ningaloo Centre has a great story to sell and a strong stakeholder support base that will help the Exmouth Shire case.
On 13 February 2013 Regional Development Australia’s web site stated there were 159 successful EOI’s with a total grant value requested equal to $911.8M. However, the web site has since been updated with an asterisk noting 17 additional invitations have been made effective 6 March 2013 to applicants from the Greater Western Sydney RDA locality swelling the requested grant value to $1.03 billion. This is disappointing as the selection criteria clearly stated three only per region would be eligible.
Statistically this means RDAF Round 4 funding available is only able to meet 17% of the demand versus what was 20%. These 17 applicants have an extended time for submission of full application closing 24 April versus 11 April 2013.
The other Mid-west Gascoyne successful EOI’s are ‘North Midlands Thermal Solar Power’ by the Shire of Morawa and ‘Kalbarri Roading and Tourism Infrastructure’ by the Shire of Northampton.
3. RDAF Grant Application A coordinated effort is underway to have completed the RDAF application. The Application is via a web portal and e-document upload is required.
Economic Consulting Services have been engaged to assist in the preparation of the Cost Benefit Analysis of the Ningaloo Centre. Actual costs will be determined by the tender outcome. Benefits are direct and indirect and the consultant will draw upon previous reports and input.
ECS are also preparing the financial sustainability on a 5 year projection to support the Asset and Operations Management Plan. 8 Shire of Exmouth-Minutes- 21 March 2013
Letters of support have been provided to date from Tourism WA and UWA Oceans Institute with Durack Institute of Technology to follow. It has been extremely rewarding to have such enthusiastic support forthcoming for the Ningaloo Centre.
Support from the CEO and EMCS have been fantastic to enable progress on the application, which will be submitted by 11 April 2013.
Documents under preparation include the Business Case, Asset Management and Operations Plan, Project Management Plan and Risk Assessment Plan.
Also attached for Councillor information is the final copy of the Ningaloo Alliance information pamphlet for Councillor information. (refer Attachment 1)
4. Regional Development and Lands (RDL) It is understood that the Stage 1 Business Case for release of $2.18M (to enable the Ningaloo Centre to be designed and documented plus final business case prepared for construction) will be presented to the appointed Minister of the new government in the next week or so for cabinet consideration.
This is time critical as the RDAF Commonwealth grant application requires evidence of State funding support for the Ningaloo Centre and this submission will be used.
5. Next Phase of Project Manager’s Focus Input to and consultation with ECS to prepare essential CBA and FS reports.
Document preparation and several 5000 character essays to succinctly respond to the criteria established by the Round 4 RDAF Application Form, with submit prior to 11 April 2013. Review of tenders in conjunction with WALGA and other Shire representatives against the stringent qualitative criteria and of course the quantitative requirement, namely the budget. It is anticipated to be able to make recommendation of ‘Preferred Tender’ status at the Ordinary Council meeting of 18 April 2013.
Visit by Gascoyne Development Commission CEO Mr Steven Webster, CEO of GDC will be meeting the Council on Tuesday 19 March 2013 to discuss the Gascoyne Regional Blueprint Strategy.
Community Information Forum The next Community Information Forum is proposed to be held on Thursday 18 April 2013 at the Shire Hall commencing at 7.00pm. The program will include presentations on the following:
Update on the CBD/Foreshore Revitalisation Project; Discussion on the proposed Exmouth Race Club Project; Tidy Towns Program; Update on the Ningaloo Centre Project; New Town Planning Scheme; and Recreation Precinct Plan.
Exmouth Amateur Swimming Club – Country Pennants 2015 The Exmouth Amateur Swimming Club has nominated Exmouth to hold the Country Pennants in 2015. The Country Pennants will bring some 30 clubs - around 1500 visitors to Exmouth for the weekend. This is exciting for the Swimming Club and will greatly benefit a wide range of business owners in town.
In order to progress with this nomination the Club requested a letter of support from the Shire of Exmouth to hold the Country Pennants in Exmouth in 2015 which has been provided.
The club is also required to supply accommodation for the Officials who travel to Exmouth for the Country Pennants. In the past, towns who have hosted the Pennants either charge a minimal fee for the weekend or provide the accommodation for free. The Club has requested the use of the Shire transit accommodation for
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the March long weekend in 2015 (Friday 27 February- Sunday 1 March) to accommodate as many officials as we can which has also been granted.
Delegation with Center for a New American Security (CNAS) The Shire President and CEO have been invited by the American Consulate to meet and provide a presentation on Exmouth’s attributes to a delegation of (CNAS) in Perth on Wednesday 20 March 2013.
The CNAS delegation is interested in discussing the political-military element of the U.S. forward-deployed presence in Australia and Southeast Asia, looking at how they can build and sustain political support in the region for U.S. security relationships. Their organization is well-connected with the administration, founded by Kurt Campbell and Michele Flournoy. http://www.cnas.org/
Shawn Brimley is Vice President and Director of Studies at the Center for a New American Security (CNAS) where he oversees the center’s research and serves on the executive leadership team. Mr. Brimley rejoined CNAS after serving in the Obama Administration from February 2009 to October 2012 most recently as Director for Strategic Planning on the National Security Council staff at the White House. He also served as Special Advisor to the Under Secretary of Defense for Policy at the Pentagon from 2009 to 2011, where he focused on the 2010 Quadrennial Defense Review, overseas basing and posture, and long-range strategy development. Mr. Brimley has been published in a variety of venues, including the New York Times, Foreign Affairs and Foreign Policy. Educated at Queen’s University and George Washington University, his research interests include U.S. national security strategy and defense policy, the impact of emerging technology on U.S. strategic choices, and the evolution of America’s global diplomatic and defense posture.
Dr. Ely Ratner is a Fellow in the Asia-Pacific Security Program at the Center for a New American Security (CNAS). He recently served on the China Desk at the State Department as the lead political officer covering China’s external relations in Asia. Prior to joining the State Department, Ely was an Associate Political Scientist at the RAND Corporation. His commentary and research have appeared in Foreign Affairs, Foreign Policy, The Washington Quarterly, The National Interest, Democracy, Journal of Conflict Resolution, International Studies Quarterly and Chinese Journal of International Politics. Ely previously worked as a Professional Staff Member on the U.S. Senate Foreign Relations Committee. He received his Ph.D. in Political Science at the University of California, Berkeley and his B.A. from the Woodrow Wilson School of Public and International Affairs at Princeton University.
The mission of the Center for a New American Security (CNAS) is to develop strong, pragmatic and principled national security and defense policies. Building on the expertise and experience of its staff and advisors, CNAS engages policymakers, experts and the public with innovative, fact-based research, ideas and analysis to shape and elevate the national security debate. A key part of our mission is to inform and prepare the national security leaders of today and tomorrow. CNAS is located in Washington, and was established in February 2007.
Decommissioning of Maritime Beacon Lights The Australian Maritime Authority (AMSA) are undertaking an upgrade of the beacon lights located on North West Cape Tower 11 and have offered the existing two Crouse-Hinds DCB-36 lights to the Council for Heritage Artefacts purposes. I have accepted the lights of behalf of the Council which will likely be incorporated in the new Ningaloo Centre facility.
Attached is a copy of the photos and specifications of the lights for Councillor information. (Refer Attachment 2 & 3)
Final Report on Constitutional Recognition of Local Government The Joint Select Committee on Constitutional Recognition of Local Government has tabled its final report on the financial recognition of local government in the Australian Constitution.
The report can be found at: http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsc lg/localgovt/finalreport.htm
This concludes the work of the Committee and accordingly the Committee is now dissolved.
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Barque Stefano Yinikurtiri Trail Council hosted a presentation coordinated by the NWCEAC on the Barque Stefano Yinikurtiri Trail Project provided by Dr Josko Petkovic. A variety of organisations were invited to the presentation with the NWCEAC seeking letters of support for a funding application to implement the Trail.
Below is a summary of the project for Councillor information.
Ningaloo Coast is one of the most impressive coastlines in Australia. It contains the longest fringe coral reef in the world that is protected by a series of marine parks. In June 2011 the World Heritage Committee declared Ningaloo Coast to be on the World Heritage List.
In 1875, when this coastline was still largely unexplored, it became a setting for a most dramatic shipwreck story. The proposed Trail project is inseparable from this story.
The Barque Stefano Yinikurtiri Trail will recreate in cyberspace and in situ the 350 km, six-month, journey undertaken by the barque Stefano castaways after their vessel became shipwrecked off Point Cloates in October 1875. Of the 17 Stefano crew only two survived the ordeal. They did so by joining the local Yinikurtira Aborigines and living with them for 3 months until they were picked up on 18 April 1876 by a passing pearler, Charles Tuckey, who then brought them to Fremantle.
Two months afterward, on 4 July 1876, the two shipwreck survivors returned to the place of rescue at Bandigi Beach to thank their Indigenous benefactors and to deliver gifts from the Governor and the people of Western Australia. This occasion turned to be a most happy reunion of friends. The reconciliation spirit of this reunion underpins the theme of the Trail.
The 276-page manuscript on the shipwreck ordeal, written in 1876 after the two Stefano survivors returned home, offers a unique perspective on the Pre-Contact Yinikurtiri culture as well as providing the essential narrative for the BSY Trail. The positive interaction between the Stefano mariners and the Indigenous Australians provides the overarching theme for the BSY Trail. The manuscript comes with a map that identifies 21 significant points on the castaways’ journey (Points A-Z). These points will provide the principle architecture for the Trail.
The proposed Trail will commemorate the Stefano shipwreck story and celebrate kindness and generosity of Yinikurtira Aborigines. It was the wish of Syd Dale, the traditional custodian of Yinikurtira land, that the Trail be used to educate all Australians about Aboriginal culture and the Yinikurtira culture in particular. The Stefano story is an ideal vehicle to do this. The book based on the original manuscript and published in 1990 has now been reprinted in eight languages and many reprints indicating an early signs of a classic story status. In addition, the events in the Stefano story took place on the World Heritage listed Ningaloo coastline. The combination of a pristine landscape and an uplifting story gives BSY Trail the potential of becoming a world-class experience - in perpetuity. For all these reasons the Trail will be an excellent vehicle for Indigenous Tourism and Knowledge Tourism with benefits to North West region as a whole and its Indigenous population in particular.
The details of the proposed Trail has been researched for nearly two decades. Planning for the actual Trail has been going on for more than 5 years and was most recently supported by LotteryWest 2011-2012 Trail Planning Grant (No 420111185).
The Lottery West Trail Planning Grant is now acquitted and the funds are now sought to begin the construction of the actual Barque Stefano Yinikurtira Trail in cyberspace and in situ.
Staffing Issues In the absence of the EMCE, Roge Kempe, who is on leave Lauren Rampling is in an acting role and EMHB, Rob Manning, who is also on leave, Patrick Barber will attend the Council meeting in his absence.
Other Meetings & Functions attended by the CEO 1. EMES, Ernie Reynolds MRD, and myself conducted an inspection of Ningaloo Road through to Coral Bay on Monday 25 February 2013. 2. EMTP, EMHB and myself met with owners of Lighthouse Caravan Park on Tuesday 26 February 2013 to discuss expansion projects.
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3. Executive Managers met with Jill Powell, consultant conducting Recreation Precinct Audit on behalf of Council on Tuesday 26 February 2013. 4. EMAS and myself met with Gavin & James Penfold on Friday 8 March 2013 to discuss leasing arrangements at the Exmouth Aerodrome. 5. I met with representatives from PCYC on Friday 8 March 2013 to discuss venue hire charges at the Recreation ground. 6. I met with Inspector Rob Harrison, Karratha Police, on Wednesday 13 March 2013 to discuss future Police Station options. 7. Cr Hood and myself attended the EVC committee meeting held on Wednesday 13 March 2013. 8. Shire President, Cr Hood and myself met with representatives from Shell on Monday 18 March 2013 to discuss operations off the NW Cape.
Other Meetings Scheduled for next Month 1. EMTP and myself to attend the Maritime Advisory Group meeting in Exmouth on Monday 8 April 2013. 2. Shire President, EMES and myself to meet with General Manager of Coastal Infrastructure Business Unit, Department of Transport in Exmouth on Monday 8 April 2013. 3. EMAS and myself to attend Heliport Consultative Committee meeting in Exmouth on Monday 8 April 2013. 4. Shire President and myself to attend the GRSC meeting in Carnarvon on Tuesday 9 April 2013. 5. Cr Winzer and EMAS to attend both Skywest and Qantas Community Consultative Group Meetings held in Exmouth on Tuesday 9 April 2013. 6. Shire President to attend GDC Board Meeting in Carnarvon on Wednesday 10 April 2013.
COMMENT Nil
CONSULTATION Nil
STATUTORY ENVIRONMENT Nil
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Civic Leadership Objective 4: To work together as custodians of now and the future. Outcome: 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth Outcome: 4.2: A local government that is respected, professional, trustworthy and accountable Outcome: 4.3: To be strong advocates representing the region’s interests
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.1.1
That the Council of the Shire of Exmouth receive the Chief Executive Officers Report for the month of March 2013.
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COUNCIL DECISION – 03-0313 – 10.1.1
Moved Councillor Winzer, Seconded Councillor Warren. That the Council of the Shire of Exmouth receive the Chief Executive Officers Report for the month of March 2013.
CARRIED 6/0
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Councillor Thompson did not consider the offer referenced below appropriate as it could be perceived as a bribe in relation to the Scheme Amendment Proposal by MG Kailis – Agenda Item 10.6.2 to be considered by the Council.
Cr Thompson advised that he would abstain from voting. He was advised by the CEO that as per S 5.21(2) of the Local Government Act 1995 that each Council member is required to vote.
Cr Thompson chose to leave the meeting at 3.44pm.
10. REPORTS OF OFFICER
10.1 Chief Executive Officer
10.1.2 Fishing History Interpretation - Kailis King Prawn
Location: Exmouth Applicant: MG Kailis Pty Ltd File Reference: RC.AR.0 Disclosure of Interest: Nil Date: 13 March 2013 Author: Chief Executive Officer, Mr B Price Signature of Author:
SUMMARY This report recommends that Council accept the offer of the Kailis King Prawn to be incorporated into an interpretive display of Exmouth’s Fishing history at a site to be confirmed.
BACKGROUND MG Kailis have offered to Council the Giant King Prawn that has been previously sited at the entrance to ‘K’ Town. It has been a feature attraction at the site and is a significant photographic opportunity for tourists and visitors to the region.
MG Kailis are keen to work with the Council to provide the Prawn and possibly a disused Trawler as an interpretive feature that tells the history of fishing, particularly in the Exmouth Gulf. This feature could be incorporated in the Trail that it proposed to provide connectivity between the CBD and Town Beach area. A suggestion for a preferred site is adjacent to the existing Visitor Centre between the building and the drain reserve illustrated below.
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There may also be an opportunity to adding to the display with the inclusion of other fibreglass structures such as a Red Emperor in the future.
COMMENT MG Kailis are keen for the new installation of the Prawn to be completed by early May to correspond with the proposed ‘Blessing of the Fleet’ for the 2013 prawning season.
CONSULTATION Nil
STATUTORY ENVIRONMENT Nil
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities. Outcome 3.4: A community that is well informed and educated about our natural, cultural and built environment. Outcome 3.6: Expanded education and training facilities and opportunities Outcome 3.7: Residents and visitors have access to appropriate services and facilities to enhance their health and wellbeing
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.1.2
That the Council of the Shire of Exmouth accept the offer of the King Prawn from MG Kailis to be incorporated into a Fishing Industry Interpretive display in Exmouth.
COUNCIL DECISION – 04-0313 – 10.1.2
Moved Councillor Fitzgerald, Seconded Councillor Winzer. That the Council of the Shire of Exmouth accept the offer of the King Prawn from MG Kailis to be incorporated into a Fishing Industry Interpretive display in Exmouth.
CARRIED 5/0
Councillor Thompson re-entered the Chamber at 3.46pm.
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10. REPORTS OF OFFICER
10.1 Chief Executive Officer
10.1.3 New Policy – Council Use of Social Media
Location: Exmouth Applicant: L Rampling File Reference: CM.PO.1 Disclosure of Interest: Nil Date: 12 March 2013 Author: Chief Executive Officer, Bill Price Signature of Author:
SUMMARY The purpose of this report is to propose the use of Social Media to communicate with young people, and outline guidelines for its use.
BACKGROUND In the last 5 years the growth of social media has been remarkable, and its use and influence with young people has been well documented. The community development team wish to capitalise on this and use social media to communicate with young people in the Shire of Exmouth and allow them to communicate with us in this manner.
There are a huge variety of social media, and it can include: Social networking sites – such as Facebook, MySpace & LinkedIn Video and Photo Sharing sites – such as YouTube and Instagram Blogs Micro Blogging – such as Twitter Online Collaborations – such as Wikipedia Forums, discussion boards Vod and podcasting Online multiplayer gaming platforms Instant Messaging – such as MSN Geo-spatial tagging Social Book Marking – such as Pinterest
From our own research with local young people their use of Facebook is high and is the most widely used platform and the one that the community development team wish to focus its communication efforts on.
Taken from Shire’s Youth Needs Analysis Document
Therefore any policy derived at this time only relates to the use of Facebook to a specifically targeted audience, in this case young people. It may be a sensible provision to trial the use of Facebook and monitor its use and take up before considering extending its use to the wider community.
The purpose of the page will be to inform the youth community of Exmouth and engage with young people to deliver relevant information in a timely and cost effective manner. The CDO and CAO will be responsible for posting information on behalf of the Shire. Young people will be able to comment and enter into a dialogue with Officers in relation to the content. 16 Shire of Exmouth-Minutes- 21 March 2013
However posts that are: 1. Discriminatory in any way 2. Obscene or offensive 3. Defamatory 4. Overtly sexual or explicit 5. Threatening or describing violent events or behaviours 6. Refers to or encourages the use of illegal drugs 7. Illegal or encouraging of illegal behaviours (including the violation of current Australian copyright laws) 8. Harassing or hateful to an organisation or person, including the Shire of Exmouth, our employees, stakeholders, associates and suppliers. 9. Discusses Local Government Elections and candidates 10. Spam, repetitive and non-relevant 11. Selling or advertising by commercial enterprises 12. Relates to religious, political or cultural beliefs 13. Comments not topically related to the particular social medium being commented on
Will be removed, and if any user continues to post unacceptable comments or posts they will be blocked from commenting on Shire Pages.
It is important that the Officers using the page are clear of their own roles and responsibilities when using the Shire’s official Facebook page. For example it must be clear that the CDO / CAO are posting in their official capacity, and are representing the Shire professionally. It may also be useful to have some guidance on employee’s personal use, and that has been considered in the accompanying draft policy document (Refer Attachment 4).
Officers will not be able to respond to every comment posted, however those that do require a response will be responded to during business hours only. If a post required a formal comment from Council, Officers would ask the relevant parties to submit their question using the appropriate channels already in existence.
It is anticipated that using Facebook will ensure that messages will be delivered to young people in an appropriate manner and they will start to engage with the Shire, which will assist with the development of the youth work the Community Development Team are planning for the coming year. Should the Facebook page work well and Council can see a real benefit to using it, they may wish to consider extending its use for the wider community. It would be able to: Inform the community about newsworthy Council information and events; Information relating to careers at the Shire; Community Engagement – informing or consulting with the community about particular projects; and Emergency Information such as cyclone alerts and road closures / bush fires.
The accompanying draft policy sets out guidelines to govern the use of Facebook, and it is anticipated if the policy is accepted then all relevant safeguards have been put in place and Council feels it is able to support the use of Facebook for its work with young people.
COMMENT Nil
CONSULTATION Nil
STATUTORY ENVIRONMENT Nil
POLICY IMPLICATIONS A draft policy document has been produced and is attached to this report (Refer Attachment 4).
FINANCIAL IMPLICATIONS Nil 17 Shire of Exmouth-Minutes- 21 March 2013
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.3 – Diverse Tourism opportunities.
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.3 –An inclusive, responsible and cohesive community. Outcome 3.5 –Maintain and increase participation levels in local community organisations and clubs.
Civic Leadership Objective 4: To work together as custodians of now and the future Outcome 4.2 –A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Absolute Majority
OFFICER’S RECOMMENDATION – 10.1.3
That the Council of the Shire of Exmouth adopts the draft Facebook policy as outlined in Attachment 4 and monitors the use and success of Facebook for the next 6 months.
COUNCIL DECISION – 05-0313 – 10.1.3
Moved Councillor Fitzgerald, Seconded Councillor Thompson. That the Council of the Shire of Exmouth adopts the draft Facebook policy as outlined in Attachment 4 and monitors the use and success of Facebook for the next 6 months.
CARRIED by ABSOLUTE MAJORITY 6/0
18 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.2 Executive Manager Corporate Services
10.2.1 General Report
Location: Exmouth Applicant: S O’Toole File Reference: CM.RE.0 Disclosure of Interest: Nil Date: 8 March 2013 Author: Executive Manager Corporate Services
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY The following report contains a brief summary of activities and issues that were raised during the last month.
BACKGROUND
Fringe Benefits Tax Seminar Our Senior Finance Officer attended the annual Fringe Benefits Tax (FBT) Seminar held in Perth on 8 March 2013. Australian Taxation College presented an overview of changes to the legislation as well as providing an update on issues relevant to assist officers in completing the 2013 FBT Return.
RATES
Property Sales Below is a summary of properties sold during 2012/13:
2012/13 Summary of Property Sales Number Sold Land Usage Total Sales Average Sale 42 Vacant Land $10,198,003 $242,810 30 Residential $14,222,999 $474,100 9 Industrial $1,406,000 $156,222 3 Mixed Use $99,000 $33,000 0 Composite Devel $0 $0 0 Special Use $0 $0 0 Tourism $0 $0 84 $25,926,002
19 Shire of Exmouth-Minutes- 21 March 2013
Outstanding Rates and Charges
2012/13 Rates Collection Analysis $ Rates & Charges Levied 2012/13 3,704,931 Arrears 1 July 2012 827,863 Less Collections (3,251,051)
Total Rates & Charges Outstanding 1,281,743
Less Pensioner Deferred Rates (13,288)
Total Rates Collectable 1,268,455 % Collected to Date 72.0%
Notices Sent 6/08/2012 Due Date 10/09/2012 Reminder Notice Sent 19/09/2012 Final Notice Sent 5/10/2012 Notice of Intention to Summons Sent 12/12/2012 Summons Issued 10/01/2013
Graphical Overview of Rates Collection
Human Services Agency (formerly Centrelink) Correspondence has been received from the Department advising for the 2013/14 financial year, Rural Agents will retain the same hourly allocation as they had for 2012/13 which is currently 12.5 hours per week and a 2.5% funding increase will be provided to all sites.
20 Shire of Exmouth-Minutes- 21 March 2013
CONSULTATION Nil
STATUTORY ENVIRONMENT Local Government Act S 3.58
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Civic Leadership Objective 4: To work together as custodians of now and the future. Outcome: 4.2: A local government that is respected, professional, trustworthy and accountable
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.2.1
That the Council of the Shire of Exmouth receive the Executive Manager Corporate Services Report for the month of March 2013.
COUNCIL DECISION – 06-0313 – 10.2.1
Moved Councillor Hood, Seconded Councillor Warren. That the Council of the Shire of Exmouth receive the Executive Manager Corporate Services Report for the month of March 2013.
CARRIED 6/0
21 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.2 Executive Manager Corporate Services
10.2.2 Monthly Financial Statements and Report
Location: Exmouth Applicant: S O’Toole File Reference: FM.FI.0 Disclosure of Interest: Nil Date: 8 March 2013 Author: Executive Manager Corporate Services, Sue O’Toole Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY The provisions of the Local Government Act 1995 and associated Regulations require the Shire of Exmouth to produce a monthly financial management report for presentation to the Council. This report recommends Council accept the financial report and pass the accounts for payment.
BACKGROUND Financial report for the period ended February 2013 has been prepared and a copy of the Report is attached as Attachment 1 and a complete list of accounts for payment is attached as Attachment 2.
COMMENT Nil
CONSULTATION Nil
STATUTORY ENVIRONMENT Local Government Act 1995 and Local Government (Financial Management) Regulations 1996.
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Civic Leadership Objective 4: To work together as custodians of now and the future. Outcome: 4.2: A local government that is respected, professional, trustworthy and accountable
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.2.2
1. The monthly financial report for period ended February 2013 be accepted; and
2. The accounts as listed in the monthly financial report be received: a. Municipal Fund ~ March 2013 $992,548.27 incorporating cheque numbers 12121 to 12155 inclusive and direct debits b. Trust Fund ~ $9,506.66 incorporating cheque number 400753 inclusive and direct debits. Outstanding Creditors totalling ~ $95,956.99
22 Shire of Exmouth-Minutes- 21 March 2013
COUNCIL DECISION – 07-0313 – 10.2.2
Moved Councillor Fitzgerald, Seconded Councillor Warren. 1. The monthly financial report for period ended February 2013 be accepted; and
2. The accounts as listed in the monthly financial report be received: a. Municipal Fund ~ March 2013 $992,548.27 incorporating cheque numbers 12121 to 12155 inclusive and direct debits b. Trust Fund ~ $9,506.66 incorporating cheque number 400753 inclusive and direct debits. Outstanding Creditors totalling ~ $95,956.99
CARRIED 6/0
23 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.3 Executive Manager Aviation Services
10.3.1 General Report
Location: Exmouth Applicant: J Kox File Reference: TT.SP.0 Disclosure of Interest: Nil Date: 8 March 2013 Author: Executive Manager Aviation Services, Jenny Kox
Signature of Author: Senior Officer: Chief Executive Officer, Bill Price
SUMMARY The following Aviation Services Department report contains a brief summary of significant activities and issues arising since February 2013 agenda report.
BACKGROUND Defence The Environmental Management Plan has been prepared and forwarded to the Department of Defence as required under the Deed of Operation.
F18 training operations were conducted out of Learmonth for a week from 22 February 2013. A control tower was activated during training flights and there were no issues arising from the operations, which included the use of an attenuator system.
RAAF Learmonth will be undertaking a site familiarisation visit for the Shire of Exmouth LEMC members and volunteers on 15 March 2013. This will be extended to include a familiarisation visit of the civil airport.
The monthly LACM (Learmonth Airport Consultative Meeting) with RAAF continue with no issues of note during February.
Regulatory The latest version of the Transport Security Plan has been approved which now sees three distinct aprons which enables separation of screening activities.
The 2013 Aviation Risk Context Statement was released at a meeting attended by myself in Perth on 12 March 2013.
I also met with representatives of the Aviation Division of the Department of Transport (WA) whilst in Perth on 12 March 2013 during which plans for Exmouth Aerodrome, the Shire’s RADs application and the State Aviation Strategy were discussed. Successful parties for RADs funding are due to be announced mid June 2013.
The next Exmouth Community Consultation Group meetings will be held by the Department of Transport (WA) on 9 April 2013 at Council Chambers.
Airlines/Air Operators/Industry February RPT passenger numbers (combined Qantas and Skywest) were slightly down on the previous year as the impact of the reduction in Skywest flights was fully seen for the first time. Overall passenger numbers for the financial year to date still sees a 12.11% increase on last, however, it is to be expected that the remaining months passenger numbers may be down on the previous year if there is no change to the number of Skywest flights during tourism season. See the graphical presentation of statistics below.
24 Shire of Exmouth-Minutes- 21 March 2013
The number of passengers per RPT flight verses the number of helicopter passengers saw a greater percentage of helicopter passengers this month due to TC Rusty and additional Shell operations.
Airport A number of operators relocated their aircraft to Learmonth and Exmouth during TC Rusty. The GA apron was full as was Exmouth Aerodrome (fixed wing and helicopters) during the yellow-alert period for Karratha & Port Hedland.
Exmouth Bus Charter, contracted by the Shire of Exmouth to operate the Airport Shuttle Service, have advised that there has been less than 10 people over the past month using the service off the first Qantas flight each weekday as most of these passengers are directly transferring to off-shore facilities.
Heliport De-manning and up-manning around TC Rusty provided a significant increase in operations during February. Up-manning of 7 facilities (including some normally serviced out of Karratha) was completed in 3
25 Shire of Exmouth-Minutes- 21 March 2013
days with over 500 passengers through the terminal in 2 ½ days (which equates to over 1,000 bags!). Bristow Helicopter’s pilot-in-charge (Exmouth) provided the following thanks:
On behalf of Bristow Exmouth I wish to thank everyone associated with the Learmonth Heliport during Cyclone Rusty. We had a few very busy days in both the down man & up man phases which went extremely well. The service to our clients is very much dependent on the flow through the Learmonth heliport and your efforts are very much appreciated.
The operational areas of the heliport are being painted which has bought a fresh look to the building, as well as replacing wall tiles within the toilets which had fallen off and were unsafe. Further aesthetic work will be required, in particular refurbishment of the toilets which are in an extremely poor state.
Staffing Stephen Kox will be attending the Australian Airports Association’s ‘Airfield Pavements and Lighting Forum’ in Brisbane on 16-17 April 2013. The forum will provide extensive technical advice on upgrading and maintaining pavements which will be necessary for the maintenance of Learmonth pavements and the development of Exmouth Aerodrome.
Interviews were held for the replacement check-in/security/ramp operator on 7 March 2013. An offer will be made to the successful applicant in the coming weeks.
Leasing Meetings continued with current and prospective leaseholders of Exmouth Aerodrome with respect to the Development Plan. This is further detailed in Item 10.3.2.
The Qantas Crew Room lease, effective January 2012 for a 2 year term, has been executed after a lengthy review and execution process by Qantas. Qantas have been advised that the crew room is looking to be relocated prior to the cessation of the current lease term.
Projects Set-out of the solar runway lights at Exmouth has been undertaken and installation of the bases for the lights will be undertaken by a private contractor in the coming weeks. Full installation of the lights requires installation of the new windsock to be completed prior to installing and commissioning the lights.
The last apron light at Learmonth Airport is now connected and operational.
Other Items I have been involved in the 2013 Darwin Conference Committee for the preparation of the program and speakers for the Australian Airports Association’s ‘National Airports Conference and Technical & Professional Development sessions’. I have also been invited to present at the Conference as has Andrew Forte to talk about the inception of helicopter operations at Learmonth.
Exmouth Aerodrome Meetings have been held with leaseholders at Exmouth Aerodrome about the proposed development plans. During February, valuations were undertaken for each lot and proposed lot to inform Council of the value of the land currently leased.
A wheels-up landing occurred at Exmouth Aerodrome on 25 February 2013 with no damage to runway infrastructure.
COMMENT Nil
CONSULTATION Nil
STATUTORY ENVIRONMENT Nil
26 Shire of Exmouth-Minutes- 21 March 2013
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome: 1.1: To increase the number of local businesses, industries and services that will provide a range of employment opportunities for the people of Exmouth Outcome: 1.2: Planned and balanced economic growth Outcome: 1.3: Diverse tourism opportunities
Civic Leadership Objective 4: To work together as custodians of now and the future Outcome: 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth Outcome: 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.3.1
That the Council of the Shire of Exmouth receive the Executive Manager Aviation Services Report for the month of March 2013.
COUNCIL DECISION – 08-0313 – 10.3.1
Moved Councillor Hood, Seconded Councillor Fitzgerald. That the Council of the Shire of Exmouth receive the Executive Manager Aviation Services Report for the month of March 2013.
CARRIED 6/0
27 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.3 Executive Manager Aviation Services
10.3.2 Lease Allocations – Exmouth Aerodrome
Location: Exmouth Applicant: J Kox File Reference: TT.SP.1, CP.OP.2 Disclosure of Interest: Nil Date: 12 February 2013 Author: Executive Manager Aviation Services, Jenny Kox
Signature of Author: Senior Officer: Chief Executive Officer, Bill Price
SUMMARY As per the Ordinary Council Meeting held 19 February 2013, Council resolved:
“That the Council of the Shire of Exmouth further lay the matter (December 2012 Agenda Report 10.3.2) on the table to complete negotiations with affected stakeholders and that the item be presented to the next Ordinary Council meeting.”
This report provides an update on negotiations since the December 2012 meeting and recommends that Council endorse the proposed lease allocations at Exmouth Aerodrome (refer Attachment 1).
BACKGROUND At the December 2012 Ordinary Council Meeting, Item 10.3.2 recommended that Council endorse proposed lease allocations at Exmouth Aerodrome to improve safety, access and land facilitation.
Two questions submitted by Ms Heather Lake during Public Question Time requested, in essence, deferment of a decision by Council to enable further consultation with all leaseholders. Council resolved to lay the matter on the table with further presentation of the item at next Council Meeting.
At the February 2013 Ordinary Council Meeting, Council resolved to further lay the matter on the table to enable completion of consultation with leaseholders and plans. Consultation and preparation of plans is now complete.
COMMENT The Exmouth Aerodrome is Reserved Land on which a Management Order exists for the purpose of aviation related activities managed by the Shire of Exmouth. When considering a planning application on reserved land, ‘Council shall have regard to the ultimate purpose intended for the reserve’.
Previously leases at the aerodrome have been approved with purpose in mind but without the benefit of a planned layout to best utilise the land available to access the runway, taxiways and roadways or for future development. There are currently no defined ‘Lots’ on the site or development guidelines in place to assist in planning and building application approvals specific to the operational regulations around an aerodrome.
Preliminary work for the Master Plan has been undertaken to review the current lease areas at the aerodrome with improved access and better facilitation of land in mind.
By letter dated 4 January 2013, leaseholders were advised that a building compliance audit would be undertaken on all buildings and structures within the lease area to ensure Building Code of Australia compliance as well as a survey of lease areas, building and structures.
The main concern has been that the lease areas for Bristow, Bird’s Eye View and Peter & Heather Lake (formerly Ningaloo High) were not significantly defined in that the detailed lease plans have no scale, size (dimensions or area) and have not been surveyed to known cadastral boundaries (refer Attachment 2).
28 Shire of Exmouth-Minutes- 21 March 2013
HDT Surveyors were engaged to determine the actual lease areas for the above off the lease plans using known permanent survey markers.
Meetings were held with all leaseholders on 12 and 15 January 2013 with the Shire President and Chief Executive Officer present at all except one meeting. At each meeting the following was discussed: The undertaking of a survey of lease areas to confirm actual leased area; The provisions and conditions of the Management Order and how that influences lease terms and buildings such as caretaker facilities; The intent of the Development Plan to cover the infrastructure on site and to set known areas & boundaries whilst meeting aerodrome development standards; An explanation of what the Development plan means to their lease; An offer to extend proposed lease areas to include an area of apron for exclusive use; and An opportunity for leaseholders to put forward their thoughts and concerns for discussion.
The survey of each lease was undertaken on 14 January 2013 with the survey plan provided on 25 January 2013 (refer Attachment 3).
The resulting lease areas have been confirmed to be:
Leasee Surveyed Size
Peter & Heather Lake 2716 m2
Bird’s Eye View P/L 2871 m2
Bristow Helicopters Aust. 25,155 m2
Norwest Air Work Pty Ltd 2.4378 Ha
Of note, the survey highlighted the following:
Leasee Issue
Peter & Heather Lake The palm trees, ablutions block and leach drain are outside of the lease area.
Bird’s Eye View P/L The South-east corner of the hangar, the concrete pad and part of the CHC dongas are outside of the lease area. It is also noted that the hangar building approval was based on a plan of the site submitted with the application showing dimensions of 78.3m and an area of 5897m2. Whilst this is not the lease area, the above structures are contained within that area.
Bristow Helicopters Aust. All structures are within the lease area. It is noted that some of the lease area will not be able to be built upon due to its proximity to the runway.
Norwest Air Work Pty Ltd All structures are within the lease area. Mr Eric Roulston has suggested the area be split into two lots which has been incorporated into the plan.
Amendments to the proposed lease plan were made to incorporate additional apron area and other recommendations made by leaseholders such as car parking, reductions to lease areas as well as identifying aircraft parking areas and fuel storage. Version 2 of the plans, were prepared and provided to all leaseholders for further comment and consideration.
29 Shire of Exmouth-Minutes- 21 March 2013
Version 2 plans offered the following lot areas:
Leasee Surveyed Size
Peter & Heather Lake 3363 m2
Bird’s Eye View P/L 4132.5 m2
Bristow Helicopters Aust. 8750 m2
Norwest Air Work Pty Ltd 15037 m2 + 9338 m2
During further meetings, Peter & Heather Lake have requested a reduction of their lease area to 57m depth and 47m width whilst incorporating all of their structures which is an area of 2679m2. The lease includes 12m x 47m of exclusive use apron.
Bird’s Eye View have requested that their lease area be extended to include an additional 1,026m2 giving an overall lease area of 5158.5m2. The lease includes 12m x 90.5m of exclusive use apron.
Bristow Helicopters have requested that their lease area be extended to the current eastern boundary giving an overall lease area of 12,075m2. The lease includes 25m x 1621m of exclusive use apron.
Norwest Air Work have requested that their lease area be divided into two lots, one being 15,037m2 and to be retained by the company, the second being 9,338m2 and to be returned to the Shire. The lease includes exclusive use apron of varying size and dimensions.
All leaseholders have now provided in-principal support for the proposed lease areas. In summary, the lease areas agreed in principal are:
Leasee Surveyed Size
Peter & Heather Lake 2679 m2
Bird’s Eye View P/L 5158.5 m2
Bristow Helicopters Aust. 12,075 m2
Norwest Air Work Pty Ltd 15,037 m2 + 9,338 m2
Endorsement of the plan will not require leaseholders to amend their current lease. Each leaseholder has the following options available with respect to their lease:
1. Retain current lease ‘as is’ which expires on 31 December 2016 (except Bird’s Eye View which expires on 31 October 2018) but execute a Deed of Variation to include the scaled, detailed lease area plan will be required.
2. Rescind the current lease and enter into a new lease for the area defined on Lease Allocation Plan EMX-004. The term can be up to 10 years with a 10 year option as the ‘time clock’ starts again.
A valuation of the current and proposed sites was undertaken on 28 February 2013. This will provide a market figure to help inform negotiations should leaseholders agree to amend their leases. Amendments to leases will be presented separately to Council and proposed rent will take into account the market valuation, current infrastructure and value of infrastructure (included depreciated value).
All lease holders have indicated that consideration will be given to rescinding their current leases to enter into new agreements with the Shire for the new lots.
30 Shire of Exmouth-Minutes- 21 March 2013
Also of note is that the proposed lease plan requires relocation of the overhead power lines servicing Birds Eye View, Bristow and Norwest Airworks. Further investigation into this matter is to be undertaken as each leaseholder has an independent supply from Horizon Power. Relocation of services could be in the order of $500,000.
It is also proposed that design guidelines be prepared for Exmouth Aerodrome once the Lease Allocations Plan is endorsed.
CONSULTATION CEO, Executive Managers, Strategic Project Officer and Exmouth Aerodrome current and proposed lease holders
STATUTORY ENVIRONMENT Land Administration Act 1997 Building Act 2011 Shire of Exmouth Town Planning Scheme No. 3.
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Acceptance of the plan will require budgeted & planned infrastructure development over a number of years to build taxiways, aprons and roadways.
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome: 1.1: To increase the number of local businesses, industries and services that will provide a range of employment opportunities for the people of Exmouth Outcome: 1.2: Planned and balanced economic growth Outcome: 1.3: Diverse tourism opportunities
Civic Leadership Objective 4: To work together as custodians of now and the future. Outcome: 4.1: To be a collaborative community with the capacity to manage to current and future direction of Exmouth Outcome: 4.2: A local government that is respected, professional, trustworthy and accountable Outcome: 4.3: To be strong advocates representing the region’s interests
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.3.2
That the Council of the Shire of Exmouth:
1. Formally adopt the Lease Allocation Plan (EXM-004);
2. Endorse the preparation of Design Guidelines specific to Exmouth Aerodrome as part of the Town Planning Scheme review; and
3. Delegate authority to the Chief Executive Officer to negotiate variations to leased areas with lessees to reallocate land to the new plan.
31 Shire of Exmouth-Minutes- 21 March 2013
COUNCIL DECISION – 09-0313 – 10.3.2
Moved Councillor Fitzgerald, Seconded Councillor Hood. That the Council of the Shire of Exmouth:
1. Formally adopt the Lease Allocation Plan (EXM-004);
2. Endorse the preparation of Design Guidelines specific to Exmouth Aerodrome as part of the Town Planning Scheme review; and
3. Delegate authority to the Chief Executive Officer to negotiate variations to leased areas with lessees to reallocate land to the new plan.
CARRIED 5/1 Councillor Thompson voted against.
32 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.4 Executive Manager Community Engagement
10.4.1 General Report
Location: Exmouth Applicant: R Kempe File Reference: GV.ME.0 Disclosure of Interest: Nil Date: 13 March 2013 Author: Acting Executive Manager Community Engagement, Lauren Rampling Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY The following report contains a brief summary of significant activities, events and issues that were raised during the last month.
BACKGROUND
Visitor Centre
Door statistics: 2010/11 2011/12 2012/13 Compared to last year JUL 19833 16175 17548 1373 AUG 15165 15147 14960 -187 SEP 12309 10901 11537 636 OCT 10890 9474 10371 897 NOV 6255 6119 5291 -572 DEC 5272 5029 5122 93 JAN 5355 4874 4546 -328 FEB 3200 3073 3448 375 MAR 6740 5124 APR 13062 11565 MAY 13243 12130 JUN 13956 12480 TOTAL 125,280 112,091 72823 2287
Door count February 2013 Total visitor numbers 3448 The average visitor number per day in November was 123
33 Shire of Exmouth-Minutes- 21 March 2013
Book easy statistics Accomodation Feb 2013 Jan 2013 Feb 2012 Online Booking $20,405 $11,833 $45,992 Staff Booking $6,725 $4,271 $9,941 Tour Bookings Online Bookings $4185 $2,238 $8,270 Staff Bookings $14,575 $20,355 $19,880
Staff Changes As of the 7th March the centre will have a Durack student, Brylle Munasque undertaking a voluntary work placement at the EVC to assist her in her assessment tasks from the Certificate 3 in Tourism. Staff will aim to assist her in developing knowledge in the tourism industry, providing visitor information and using the booking/point of sale software and equipment.
EVC Committee A Special General Meeting was held on Wednesday 13 March 2013 to elect a new President and Deputy President following the recent resignation of Mick Husband. Jim Williams was elected as President with Shelia Beer as Deputy President.
Library and Community Resource Centre (CRC)
February 2013 door figures are slightly down on 2012 however the items borrowed remain similar for the same periods.
Better Beginnings Story and Craft Time continues to attract 15 to 20 children each week with 283 Junior Fiction books being borrowed over the month.
34 Shire of Exmouth-Minutes- 21 March 2013
This month’s visit to the Child Health Centres new Mothers Group has given the opportunity to introduce the libraries resources available to new mothers, babies and families. These visits encourage new parents to share books with their children and encourage a love of reading from a very early age.
The CRC’s AGM was held on February 20 March 2013 resulting in the election of the below Officer Bearers.
Dinny Ruby Chairperson Neil Haywood Vice Chairperson Roge Kempe Secretary (Maggie Wright may take on this position) Treasurer Carol Cunningham Committee Sylvia Lerch, Virginia Barber, Kay Smidt Auditor Andrea M Kiesey
Community Development Youth Work The Community Development team are focusing their work on young people this year. The aim of this is by concentrating on our teenagers and putting into place initiatives with all youth partners such as the School, Hospital, PCYC, police, will provide a wide range of opportunities and activities that will provide local young people with a voice, skill development and a sense of community. This work is supported by the $20,000 grant received by BHP Billiton.
One of the first activities was to invite young people to the PCYC youth rooms for a Question & Answer Forum on issues they have and ways to get empowerment in events management and culture & the arts. The group are now working together to organise “Aqua Bash” – a water and sound festival based at the Pool. This will take place in the April school holidays. During Youth Week the Community Development Team are taking 4 young people to the KickstART Festival in Perth. As part of this trip the young people will get to meet the team behind organising the festival so they can then look at developing their own activities and events in Exmouth for their peers. The planned events include, Aqua Bash, Whaleshark Festival and the Ningaloo Music Festival. The young people will also work with Officers to produce an event planning handbook.
It is envisioned with this approach to capacity building the young people will be running their own events next year and may require minimal input from Council Officers. It is the Community Development Team’s aim to include as many young people as possible in this process and if you know of anyone that would like to get involved please contact the Community Activities Officer.
Krait 70 Years The Community Activity Officer is currently working with James Dexter from Western Australian Museum and investigating the possibility of an exhibition for September to mark this anniversary.
School Holiday Program The April holiday program is coming together with partners all contributing some activities for children and young people during this time, the program should be finalised early April and available for publication then. One activity already confirmed is craft workshops to decorate a float for the Whaleshark festival.
Recreation Centre Precinct Plan Jill Powel has completed her first site visit to Exmouth, and she is now engaged in the consultation and review process of the Plan. The architect has also been able to visit the Rec Centre and has an understanding of the centre and what Council is keen to achieve during this process.
Kalis Prawn Trawler Interpretive Signage Project Officers have requested a funding variation from the Australian Government in relation to this grant. As it will not be possible to complete the project it is hoped that the funding for interpretive signage can be added to the Water Spray Ground Interpretive Signage.
Supporting Junior Sport Council will be aware that it is a priority to ensure that junior sport thrives in Exmouth, and that each club is treated fairly and equitably by the Shire. In order to ensure this Council officers are currently investigating
35 Shire of Exmouth-Minutes- 21 March 2013
the fees and charges applied to each club. This research will then inform a new policy that will set out how the Shire will behave towards all junior sports clubs. It is anticipated that this will come before the April 2013 Council meeting.
WWII Interpretive Signage The WWII & Lighthouse Interpretative signage is a Finalist in the 2013 WA Heritage Awards.
Media and Community Information February Shire Newsletter Youth Leaders & BHP Billiton Grant – Northern Guardian
COMMENT Nil
CONSULTATION Nil
STATUTORY ENVIRONMENT Nil
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.3 – Diverse Tourism opportunities. 36 Shire of Exmouth-Minutes- 21 March 2013
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.3 –An inclusive, responsible and cohesive community. Outcome 3.5 –Maintain and increase participation levels in local community organisations and clubs.
Civic Leadership Objective 4: To work together as custodians of now and the future Outcome 4.2 –A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.4.1
That the Council of the Shire of Exmouth receive the Executive Manager Community Engagement Report for the month of March 2013.
COUNCIL DECISION – 10-0313 – 10.4.1
Moved Councillor Hood, Seconded Councillor Winzer. That the Council of the Shire of Exmouth receive the Executive Manager Community Engagement Report for the month of March 2013.
CARRIED 6/0
37 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.5 Executive Manager Health & Building
10.5.1 General Report
Location: Exmouth Applicant: R M Manning File Reference: GV.CM.0 Disclosure of Interest: Nil Date: 11 March 2013 Author: Executive Manager Health & Building, R M Manning
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY The following report contains a brief summary of significant activities, events or issues that were raised during last month.
BACKGROUND
Applications for Permits and Certificates Pursuant to the Building Act 2011 Below is a summary of building licence and building certificate applications and approvals up to 28 February 2013.
Building Applications Application Date Lot Development Location Description Decision Decision Date No Received No 20120095 23/07/2012 120 Lot 120 Bluefin Cove Timber Thatched Roof Awaiting information from applicant 20120145 31/10/2012 1148 Lot 1148 (39) Welch Caretakers Residence Awaiting information from Street applicant 13/15 24/01/2013 207 1 Carpenter Street Additions/Extensions Awaiting information from applicant 13/17 25/01/2013 360 Madaffari Drive Gantry Approved 14/02/2013
13/16 29/01/2013 308 Minilya Exmouth Road Swimming Pool And Approved 15/02/2013 Decking 13/18 07/02/2013 166 Dugong Close Single Dwelling Approved 13/03/2013 13/19 05/02/2013 211 8 Dugong Close Single Dwelling Approved 19/02/2013
13/20 07/02/2013 51 14 Crevelle Way Single Dwelling Approved 24/02/2013
13/23 21/02/2013 29 4 Crevelle Way Single Dwelling Awaiting information from applicant 13/24 27/02/2013 1318 7 Salmon Loop Patio Enclosure Processing
13/25 28/02/2013 104 35 Ingram Street Dome Shelter Processing
13/26 28/02/2013 142 26 Hunt Street Warehouse Processing
38 Shire of Exmouth-Minutes- 21 March 2013
Summary of Building Licence/Permit Applications 2005 to Year to date 28 February 2013
Year No. Applications Total Value of Works No. Applications Value
2007 138 $19,487,319.01 26 $2,059,740.00 2008 140 $23,065,372.40 23 $1,908,031.40 2009 140 $24,780,872.94 19 $2,476,550.00 2010 202 $25,165,355.12 29 $2,862,991.00 2011 186 $26,904,715.11 25 $3,829,598.00 2012 152 $22,707,296.00 25 $2,205,749.00 2013 23 $3,191,248.00
COMMENT
Building Council should note that the above statistics are for the month of February only with no overlap into the first week of March. The Executive Manager of Health and Building intends to change the reporting format as per the above such that the statistics will provide a neat, one month overview of what occurred in the period from the first day of the month to the last day of the month preceding the Ordinary Council Meeting.
Argosy Court In the second week of March the demolition contractor for the Argosy Court Strata Company commenced a general site clean-up of Lot 620 Murat Road. This was mostly in relation to objects that could be a wind blown hazard and were not personal belongings of D. Wise and C. McKeown.
Council Officers are currently working with the demolition contractor to affect the removal of the remaining two accommodation buildings by mid April 2013.
Environmental Health
General Duties The general environmental health functions are continuing and Officers have and will be paying attention to Food Premises and Caravan Parks in March and April 2013.
Shire staff across several departments have been working very closely with the Exmouth Game Fishing Club (EGFC) to ensure the safety and success of this year’s Gamex event. As a contribution to the town’s bid to win Tidy Towns, this year the EGFC were requested to make a special effort with recycling of card board and aluminium.
Council Officers have initiated a consultative approach with the four pastoral stations towards drafting minimum standards/guidelines for ‘Nature Based Parks’. These standards will be used in the future when a pending Town Planning Scheme (TPS) Amendment (subject to Council and Ministerial approval) will permit tourism activities such as camping. This activity has occurred for many years but has gone unregulated largely due to the TPS listing such uses as ‘X’ – not permitted. Subject to the TPS amendment, the camping use could be permitted and then regulated under the Caravan Parks and Camping Ground Act under the facility classification of a Nature Based Park. The above will enable minimum standards relating to such matters as waste management and recycling, sanitary facilities (as applicable), liquid waste disposal, potable water (as applicable) and obtaining Building Permits (as applicable) to be imposed.
Sentinel Chickens & Mosquito Borne Diseases The University of Western Australia’s Sentinel Chicken Bleeding Program is continuing with monthly bleeding of chicken flocks. There were no new positives blood tests to report of for Murray Valley Encephalitis, Kunjin Virus or other flaviviruses from the rounds of testing up to 5 March 2013.
39 Shire of Exmouth-Minutes- 21 March 2013
Paltridge Memorial Swimming Pool
2013 2012 2011
Pool Users 4372 5440 6664
Virtual Swim to Rottnest This year`s event, we had 5 teams of 4 swimmers (20 swimmers). Each team needed to complete a total of 20km which equates to a total of 400 laps – each swimmer averages 5km (100 laps per swimmer). This event is also an opportunity to raise money for the Royal Flying Doctor Service and a total of $1,050.00 was raised from the Exmouth event.
Interim Swimming Interim Swimming lessons are currently taking place at our pool from 4 to 15 March 2013. This round is specifically for Years 4 to 7 which consists of 145 students. Years Pre-Primary to 3 will be doing their swimming lessons at the beginning of the pool season in November.
CONSULTATION Nil
STATUTORY ENVIRONMENT Nil
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.4: To be a leader in eco-friendly initiatives and innovations.
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities. Outcome 3.3: An inclusive, responsible and cohesive community. Outcome 3.4: A community that is well informed and educated about our natural, cultural and built environment. Outcome 3.5 - Maintain and increase the participation levels in local community organisations and clubs.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.5.1
That the Council of the Shire of Exmouth receives the Executive Manager Health & Building Report for the month of March 2013.
40 Shire of Exmouth-Minutes- 21 March 2013
COUNCIL DECISION – 11-0313 – 10.5.1
Moved Councillor Hood, Seconded Councillor Winzer. That the Council of the Shire of Exmouth receives the Executive Manager Health & Building Report for the month of March 2013.
CARRIED 6/0
41 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.5 Executive Manager Health & Building
10.5.2 Ningaloo Lighthouse Caravan Park – Application for Increase in Overflow Sites
Location: Exmouth Applicant: Nil File Reference: LE.RE.5 Disclosure of Interest: Nil Date: 12 March, 2013 Author: Executive Manager Health & Building, R M Manning
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends that the Council for the Shire of Exmouth approves a variation to the License of the Ningaloo Lighthouse Caravan Park to increase the overflow sites from 10 to 43 overflow sites.
BACKGROUND At the September 2012 Ordinary Council Meeting, Council licensed Ningaloo Lighthouse Caravan Park under the Caravan Parks & Camping Grounds Act 1995 (the Act) and in accordance with how the application for renewal was presented for the following sites:-
121 short stay sites 28 camp sites 10 overflow sites
The operators have requested that they be permitted to have an additional 33 overflow sites to accommodate the overflow people who come to Exmouth each winter especially from late June to late August.
A copy of the application letter is attached (refer to Attachment 1).
Subject to permission being granted by the Council, the proprietors’ intend to erect and install the following to service the additional 33 overflow sites:- Stage 1 Wind Region D rated toilet facilities - 2 x separate Unisex toilets with wash hand basins, toilets and showers and a disabled accessible facility with a shower, hand wash basin and toilet. A potable water supply (tank) and 5 sullage points. Stage 2 Laundry BBQ facilities
Future development will see the operators providing each individual site with a power and sullage point.
COMMENT The application from Ningaloo Lighthouse Caravan Park is a responsible step by the operators to help resolve an issue that occurs every tourist season between the periods, late June to late August. The approval of the requested variation to the License will help to alleviate the pressure that the Shire of Exmouth experiences each year by the heavy influx of caravanning and camping visitors to the Shire of Exmouth.
No reason can be seen for refusing this application and Council could take this opportunity that the Ningaloo Lighthouse Caravan Park is offering to help alleviate the serious overflow problem that we experience each year.
42 Shire of Exmouth-Minutes- 21 March 2013
Should Council agree to grant approval to the requested variation to the Licence, the park will be licensed for the following sites:-
121 short stay sites 28 camp sites 43 overflow sites
CONSULTATION Nil
STATUTORY ENVIRONMENT Caravan Parks and Camping Grounds Act 1995 Caravan Parks and Camping Grounds Regulations 1997
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.4: To be a leader in eco-friendly initiatives and innovations. Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities. Outcome 3.3: An inclusive, responsible and cohesive community. Outcome 3.4: A community that is well informed and educated about our natural, cultural and built environment. Outcome 3.5 - Maintain and increase the participation levels in local community organisations and clubs. Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.5.2
That the Council for the Shire of Exmouth grant approval to the variation of the licence issued pursuant to the Caravan Parks and Camping Grounds Act 1995 for the Ningaloo Lighthouse Caravan Park for an increase in the designated ‘Overflow sites’ from 10 to 43, and re-issue the licence for the period to 30 September, 2013 for the following sites:-
121 short stay sites 28 camp sites 43 overflow sites
COUNCIL DECISION – 12-0313 – 10.5.2
Moved Councillor Warren, Seconded Councillor Winzer. That the Council for the Shire of Exmouth grant approval to the variation of the licence issued pursuant to the Caravan Parks and Camping Grounds Act 1995 for the Ningaloo Lighthouse Caravan Park for an
43 Shire of Exmouth-Minutes- 21 March 2013
increase in the designated ‘Overflow sites’ from 10 to 43, and re-issue the licence for the period to 30 September, 2013 for the following sites:-
121 short stay sites 28 camp sites 43 overflow sites
CARRIED 6/0
44 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.6 Executive Manager Town Planning
10.6.1 General Report
Location: Exmouth Applicant: Nil File Reference: GV.CM.0 Disclosure of Interest: Nil Date: 11 March 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY The following report contains a brief summary of significant activities, events or issues that were raised during the last month.
BACKGROUND Planning Applications and Approvals Below is a summary of planning applications and approvals up to 11 March 2013.
Applic Lodgement Lot Property Address Description. Decision Date No Date PA 4/13 09/01/2013 166 Lyndon Location Bullara Station Stay March OCM PA10/13 25/01/2013 935 25 Learmonth Home Occupation Approved 05/03/2013 Street PA11/13 31/01/2013 24 Dugong Close Holiday Accommodation Approved 01/03/2013 PA14/13 05/02/2013 176 3 Fyfe Street Home Occupation Awaiting information from applicant PA16/13 11/02/2013 1112 1 Nimitz Street Signage Processing PA17/13 11/02/2013 158 38 Tuckey Street Outbuilding Approved 26/02/2013 PA19/13 12/02/2013 1112 1 Nimitz Street Signage March OCM PA22/13 18/02/2013 343 Kestrel Place Jetty Approved 21/02/2013 PA24/13 20/02/2013 1311 26 Tambor Drive Holiday Accommodation March OCM PA25/13 20/02/2013 334 19 Ningaloo Street Renovations And Additions Approved 15/03/2013 PA26/13 22/02/2013 954 11 Welch Street Outbuilding Approved 26/02/2013 PA27/13 22/02/2013 1216 3 Skipjack Circle Outbuilding March OCM PA28/13 27/02/2013 17 Maley Street Shade Cloth On Fence Line March OCM PA29/13 28/02/2013 1112 1 Nimitz Street Lot 1112 Nimitz St (Site Approved 08/03/2013 214)
BACKGROUND
COMMENT Town Planning Scheme No. 3 – Scheme Amendment 30 – Rental Vehicle Hire in Tourist Zone Council is notified that the above scheme amendment is currently being advertised for public comments. A copy of the amendment report is available for viewing on the Shire’s website at www.exmouth.wa.gov.au or at the Shire Office, 22 Maidstone Crescent Exmouth between 8.00am and 4.00pm Monday to Friday. The public is invited to lodge a submission regarding the proposal by 4.00pm, 11 April 2013.
45 Shire of Exmouth-Minutes- 21 March 2013
Draft State Planning Strategy Council will be submitting the following comments to the WAPC on the Draft State Planning Strategy:
1. There is inconsistency between the State Planning Strategy and the recently advertised Draft Gascoyne Regional Planning Framework. The State Strategy identifies Exmouth as a sub-regional centre whilst the Draft Gascoyne Regional Planning Framework identifies it as regional centre.
2. Tourism (page 33-34) The State Planning Strategy should recognise the importance and untapped potential of Cruise Ship tourism. State Government should invest in infrastructure to accommodate cruise ship arrivals in a comfortable and safe way, including a range of port infrastructure along the WA coastline. Refer to the Western Australian Cruise Shipping Strategic Plan 2012-2020
The State should investigate Learmonth for opportunities as regional airport.
3. Planning for energy It should be the State’s aspiration to have a gas pipeline to Exmouth. Exmouth relies on a gas powered power station and currently the gas is being transported by road on a daily basis. With the expected population growth, high demand for electricity should defence air space set up, it will be prudent to have a gas pipeline being extended to service Exmouth.
4. Planning for land availability The State should clear all native title issues in all gazetted townsite to expedite the land available process.
Exmouth South Structure Plan Council is notified that Exmouth South Structure Plan is currently being advertised for public comments. A copy of the Structure Plan is available for viewing on the Shire’s website at www.exmouth.wa.gov.au or at the Shire Office, 22 Maidstone Crescent Exmouth between 8.00am and 4.00pm Monday to Friday. The public is invited to lodge a submission regarding the proposal by 4.00pm, 11 April 2013.
Illegal Sea Containers Letters have been sent to various properties in town regarding illegal sea containers. Council Officers are working with the property owners to ensure compliance.
Ranger Services A summary of the activities performed by Ranger Services during February 2013.
Dogs Camping Parking Litter Fire Off road Other Warning/caution 1 0 0 0 0 0 0 Infringement 0 0 0 0 0 0 0 Court 0 0 0 0 0 0 0 February Total 1 0 0 0 0 0 0 July-January Total 26 65 15 4 31 1 7 2012-2013 Totals 27 65 15 4 31 1 7
Community Emergency Risk Management Plan At the Local Emergency Management Committee Meeting held on the 18 February 2013, the Exmouth Community Emergency Risk Management Plan was tabled for information and comment. It is expected to submit the plan to Council during the April OCM to be endorsed.
CONSULTATION Nil
STATUTORY ENVIRONMENT Planning and Development Act 2005 46 Shire of Exmouth-Minutes- 21 March 2013
Shire of Exmouth Town Planning Scheme No 3
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth.
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.2: Our pristine natural environment and biodiversity will be understood, maintained and protected. Outcome 2.4: To be a leader in eco-friendly initiatives and innovations.
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities. Outcome 3.3: An inclusive, responsible and cohesive community. Outcome 3.4: A community that is well informed and educated about our natural, cultural and built environment. Outcome 3.5 - Maintain and increase the participation levels in local community organisations and clubs.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.6.1
That the Council of the Shire of Exmouth receive the Executive Manager Town Planning Report for the month of March 2013
COUNCIL DECISION – 13-0313 – 10.6.1
Moved Councillor Hood, Seconded Councillor Fitzgerald. That the Council of the Shire of Exmouth receive the Executive Manager Town Planning Report for the month of March 2013
CARRIED 6/0
47 Shire of Exmouth-Minutes- 21 March 2013
Cr Hood advised that he is required to Disclose an Impartiality Interest. The following declaration was made by Cr Hood;
‘With regard to Proposed Scheme Amendment 27 – Lots 1, 101, 112 and 220 Minilya Exmouth Road, the matter in Agenda item 10.6.2, I disclose that I am an employee of Bagwhan Marine. As a consequence, there may be a perception that my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.’
10. REPORTS OF OFFICERS
10.6 Executive Manager Town Planning
10.6.2 Final Adoption of Scheme Amendment 27 - Lot 1, 101, 112 & 220 Minilya-Exmouth Road
Location: Exmouth Applicant: RPS File Reference: LP.PL.3.27 Disclosure of Interest: Nil Date: 21 February 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends that the Council of the Shire of Exmouth refuse Scheme amendment 27 in its entirety; however support the land based components of the Scheme Amendment as a strategic industrial area.
BACKGROUND At a special Council meeting held in May 2012 Council voted against the Officer’s recommendation and refused to initiate Scheme Amendment 27 for the following reasons: 1. That the existing Exmouth Town Planning Scheme Number 3, that has had extensive community consultation and endorsement, has already identified Lots 50 and 51 Minilya Exmouth Road (Mowbowra Creek) as the Strategic Industrial Site enabling Marine Supply Base uses and activities, and that there has been considerable developments and private investment within the strategic industrial area; 2. That the proposal is considered ad hoc spot rezoning and should not be supported in accordance to Town Planning Bulletin 102/2010, given it sets an undesirable precedent for fragmented development of an environmentally sensitive area which otherwise requires coordinated and comprehensive planning; 3. That the 27.840Ha proposal is considered to be of large scale and is not consistent to a small/second tier Marine Supply Base; and 4. Environmental Impacts.
The applicant (RPS Environment and Planning) in May 2012 then submitted a request under Section 76 of the Planning and Development Act 2005 to the Minister for Planning to order a Local Government to prepare or adopt a scheme or scheme amendment. The Minister considered the reasons for Council rejection of Scheme Amendment 27 and provided comment ordering the Shire of Exmouth to initiate the Local Planning Scheme amendment process in July 2012. For the following reasons: 1. A need has been identified for a marine supply base to service the oil and gas industry and fishing operations in this location which could bring significant economic benefits to the local community. As the proposed amendment could facilitate this need being met, it is appropriate for the proposed amendment to be prepared in order that it can be the subject of more detailed consideration through the scheme amendment process;and
48 Shire of Exmouth-Minutes- 21 March 2013
2. As to the reasons given by the Shire of Exmouth for refusing to prepare the proposed amendment: i. Strategic planning for this area has begun but has not been completed. As it will not be completed in the near future, it is preferable for the proposed amendment to be considered on its merits through the scheme amendment process; ii. Given the current use of the land as a brownfield site in a Special Use zone, the proposed amendment is not considered to constitute as hoc ‘spot rezoning’; iii. The scale of the development including the comments by the Learmonth solar Observatory can be assessed through the scheme amendment process once the proposed amendment is initiated by the Shire of Exmouth;and iv. Environmental concerns can also be assessed through the scheme amendment process including referral to the Environmental Protection Authority, once the proposed amendment is initiated by the Shire of Exmouth.
The Scheme amendment was referred to the Environmental Protection Authority (EPA) in accordance with an order of the Minister pursuant to section 76 of the Planning and Development Act 2005 for assessment under the Environmental Protection Act 1986. Council received a letter from EPA stating not enough information had been provided to make an assessment under section 48A of the EPA Act in August 2012. RPS Environment and Planning then prepared an environmental report and forwarded it to EPA on 9 October 2012.
Council is in receipt of the EPA assessment regarding Scheme Amendment 27 (Refer Attachment 1). The assessment was only carried out for the environmental impacts of additional uses within the scheme amendment area (Lots 1,101, 112 and 200 Minilya-Exmouth Road, Learmonth). The assessment identified potential environmental impacts of the land uses can be managed with management plans and the application is likely to generate noise, dust and odour emissions that may have unacceptable impacts on sensitive land uses. Workforce accommodation units (a sensitive land use) should be so situated that they will not be exposed to unacceptable emissions.
COMMENT The environmental assessment provided by EPA does not provide a comprehensive assessment of the potential impacts from potential Marine activities indicated in the Scheme Amendment. EPA advised in their assessment that the future marine component may have significant environmental impacts and requires further assessment.
The purpose of Scheme Amendment 27 is to permit a marine supply base upon on Lots 1, 101, 112 and 220 Minilya-Exmouth Road. A meeting was held between Kailis and the Shire of Exmouth Planning Department to discuss the marine component and other concerns relating to Scheme Amendment 27. The outcome of the meeting was that Scheme Amendment 27 could be dealt with in two separate matters. The amendment could still provide opportunities (land based) to service the oil and gas industry, noting that the current permitted uses are no longer being undertaken (i.e. fish processing).
By separating the marine component from the amendment a full environmental assessment by the EPA can occur at a later stage. As the marine component has always been the bone of contention among Exmouth residents and many groups it will be beneficial to deal with it separately.
Draft Exmouth South Structure Plan The first stage of the Exmouth South Structure Plan involved the preparation of an issues paper and recommendations for the preferred site(s) for a marine support facility. The issues paper involved a community survey which identified that 49.2% of local residents support a marine supply base and 72.7% of business owners support a marine supply base.
One of the questions asked was ‘What factors do you think should be taken into account when considering a more purpose built marine support facility?’ The most selected response was marine and coastal management.
The issues paper states:
49 Shire of Exmouth-Minutes- 21 March 2013
“The site has a long history of industrial use, with closure of seafood processing operations leaving significant infrastructure available. Minor marine supply base proposing using trans-shipment. This is technically a proven method and would provide a low capital cost option.”
The community is divided in support of Scheme Amendment 27 which was also reflected in comments received during the advertising period.
CONSULTATION Consultation was undertaken for 42 days in accordance with Section 15 of the Town Planning Regulations 1967.
Council advertised Scheme Amendment 27 for one week in the Northern Guardian and on community notice boards inviting public comment for a period of 42 days. Submissions where accepted on or before the 28 February 2013 and thirty six submissions were received. The schedule of submission is below.
No Submission Submission Comments From SOE Position WAPC 1 Sascha and I hope common sense will prevail in this matter and a decision will Noted Against Nicole Unger be made against the proposed marine supply base by MG Kailis and PO Box 899 an amendment of the scheme will not be agreed upon. Exmouth WA Potential short term economical benefits will be largely outweighed 6707 by the increased risk of:
1) ENVIRONMENTAL DAMAGE Agreed, proposed marine The proposed site is very close to the sensitive mangrove eco systems activities may damage the if Exmouth Gulf to the south, e.g. Bay of Rest. Exmouth Gulf is a mangrove ecosystem and marine nursing ground for Ningaloo Reef and any damage in this area due to life within the gulf. possible contamination by spills, waste (incl. toxic), foreign matter/organisms on ship hulls can lead to disastrous effects in this unique ecosystem.
Noise pollution and increased boat activity may impact the highly important nursing grounds of humpback whales on their annual migration, when the rest in Exmouth Gulf for several months.
2) ROAD SAFETY ISSUES Agreed, subject to Main Roads The highway/road servicing Learmonth and Exmouth is already comments. Main Roads is dangerous due to its narrowness, flood way dips, windy sections, concerned that the type of increased wild life activity and existing daily truck movements of vehicle configuration has not LPG supply for Exmouth. Increasing the number of trucks on this been identified. Major works to road will make driving conditions even more hazardous, especially Minilya Exmouth Road will be during peak holiday season, when a large number of tourists visit the required. North West Cape area with caravans and camper vans.
3) NEGATIVE VISUAL IMPACTS The visual impact will be Although out of Exmouth township and not affecting residential minimal as it is proposed to be properties directly, the visual impact of a nearly 28 ha lay-down area low rise development and will be will be significant. Is this really what we want our visitors to be determined by setbacks provided welcomed by when they step of the plane at Learmonth or take the at a development application highway into town? This will be the first thing they see! stage. It is proposed that the land Bad examples of these industrialised areas can be seen in Karratha will eventually be used as a and Port Hedland, the picturesque North West Cape is not an area for strategic industrial area, which heavy industry. does not solely rely on the It is a very fine line between sustainable development which is good mining industry. for the area or ruining it for short term economical gain of the mining boom - which will come to an end eventually. And what do we have left then? I trust you will make the right decision not to amend the scheme.
2 Main Roads At page 15 of the application comment is made that the proposed Noted and agreed, major works - Department operations will only generate app 3-5 additional truck movements. will be required to Minilya- PO Box 480 The base number of movements is unknown. Main Roads is Exmouth Road. Carnarvon concerned that the type of vehicle configuration has not been WA 6701 identified.
Given the existing sealed access is narrow and does not meet current standards for semi trailers it is of concern that additional movement may well be road trains. The current movements could adversely contribute to the wear of both seal edge and shoulders in the vicinity of the interaction. It would be unrealistic to expect less than road trains and hence main roads will be requiring the intersection/driveway to be upgraded to cater for road trains. This may well include overtaking bulge to the west of Minilya Exmouth road in addition to turning pockets or acceleration lanes on the east side of the road. 50 Shire of Exmouth-Minutes- 21 March 2013
The second access – presently unsealed on the northern boundary of Lot 1, is the only other access to the site. If it is proposed to make greater use of this access then Main roads will require the intersection to be upgraded and sealed to main roads guidelines/standards.
The proposal indicates a potential bridged access to the northern portion of Lot 220. This or some other facility will be required as the proximity of the floodway and the curve north of Lot 220 restrict visibility and hence without major upgrade to the Minilya Exmouth Road no approval for access is likely to the northern portion of Lot 220. Further any works to bridge the creek will need to be undertaken such that there will be no adverse impact on the level of serviceability to the road.
Given the proximity of the creek and floodway south of Lot 112 main roads will not approve an additional access to lot 112 with substantial upgrade to Minilya Exmouth Road to ensure visibility is not compromised.
3 Barry Nunn I think it is great (and about time) the Shire has asked for the PO Box 728 community to send in their opinions, as asked in the guardian Exmouth WA 23:01:2013 a few of my opinions on the proposed marine base. 6707 1st my view will be on the fact that exmouth is a wonderful Shops and other facilities will be "SMALL" town and with any major expansion i think we will loose controlled by what is permitted that beautiful ideal of living in a small community. why did you in the Scheme Amendment. move here? i moved here because i loved the fact there "was" no Agreed a separate community crime you didn't have to lock your house or your car, even people outside of Exmouth is not could let their kids roam free without being paranoid of any of the desired for. Strict provisions will bad things happening to them that occur in the larger towns or cities. be placed on the transient the first question has to be is this good for the majority of the people workforce to ensure it doesn’t in exmouth? expand upon what is proposed.
you say there will be a camp for transient workers. is that good for exmouth? i think not. they will be staying out there, probably like a small little separate community and a shop and other facilities will be set up so they will not even be coming into town or do any of the tourist things we have. so who from town will benefit?
we have to look after the eco system here and everywhere else, so Agreed the marine impacts need how many prawns can be taken every day before the numbers to be investigated. dwindle and get to a point where they are at risk? the trawlers already have to go further and to new grounds to get their allotted catch. the way they drag the seabed too isn't exactly very environmentally friendly either as large areas just get demolished by their dragging process.
also mentioned is an engineering, maintenance and fabrication Agreed local businesses should facility. surely we should use the people in town already running be supported, however a new these businesses to do these jobs rather than let this business industrial activity will provide opportunity pass us by and go to outside people, who again will be more jobs opportunities for local living there and not putting anything into our community. residents.
i know it is another topic but also in the paper is the "apache drilling Noted, not related to Scheme proposal denied" i think the shire should also be against any drilling Amendment 27. in such a pristine place (the money you get from the helicopters isn't enough to replace the ningaloo reef so why is it put at risk?). because the rigs that are out there already are a few miles outside of the world heritage area does that mean they cannot effect it?? NO it just means it may take a day or two for the oil to get to shore. the drilling for oil and gas is an outrage, what price do we put on the ningaloo reef? is it worth the risk? i know the shire president says there will be no further "incidents" ((i refer to them nearly ripping a well head off with an anchor) let alone a full scale disaster such as happens on a quite regular basis such as mexico) but what experience does he have of ocean drilling for oil? he runs a post office!! it is not as if when an accident does happen a scuba diver just swims down and puts a plug in the well that is spilling out crude oil. i would love to know the emergency response plan if there is a major spill? i know how much equipment is needed just to cover the possibility of a minor spill such as from a small boat, i am interested in how much spill clean-up equipment is here in exmouth on standby, and who is it who is trained to be in charge of it's use.
i hope these views are helpful and i know there are lots of other people who feel the same. thanks again though for actually asking our opinion, it makes a nice change.
4 Leonie My family and I arrived at North West Cape in 1963, well before any Support 51 Shire of Exmouth-Minutes- 21 March 2013
McLeod buildings were erected and at the beginning of the early construction Road Mail associated with U.S. Naval Communications Station. We lived, Box 36 firstly, in the construction camp (dongas) erected for Hardeman, Carnarvon Monier and Hutcherson, and then in tents in the first caravan park. WA 6701 Subsequently we lived in one of the first houses built, later, many family members bought homes, sent their children to school and became very heavily involved in the growing community. My Mother, Bernice McLeod B.E.M. is well known for her 40 plus years of raising funds for the town and wider region (Mrs. Mac’s shed). To this date I am a ratepayer in the Shire of Exmouth.
When we arrived on North West Cape, the only other inhabitants were Michael and Patricia Kailis who had started a fledgling prawning industry in the Gulf of Exmouth, and lighthouse keepers at Vlaming Head, together with the Broad family, pastoralists at Yardie Creek station.
I have only tremendous admiration for the courage of these early pioneers who did the hard yards to ensure diversity of enterprise on North West Cape. The Kailis family was the first to recognise this opportunity.
Diversity of product is vital to grow a healthy town. When there Agreed is opportunity for more jobs, more people will come and invest in homes, send their children to school, use the local facilities, and all infrastructure will grow as demand increases.
One must remember that Exmouth was a purpose built town. Built for only one reason, to allow the United States an important communications advantage to monitor submarines in the Indian Ocean. Because Mother Nature was so generous to us, we have been able to grow, and share with people from all over the world the special natural features with which North West Cape has been heavily endowed.
North West Cape’s primary role was ‘DEFENCE’, as is well documented going back to the role the area played in the second world war.
Now we have the beginnings of diversity of product, with the natural environment adding many streams of tourism for the visiting public and service opportunities springing up for entrepreneurs willing to invest.
Servicing the offshore oil and gas industry which is situated on our Agreed however all the impacts back door is a sensible, sustainable and safe way to ensure diversity need to be known to ensure it which can only equate to environmental, economic and social will be sustainable. sustainability for the population of Exmouth.
I wholeheartedly endorse the use of the ex. M.G. Kailis shore based Noted complex to carry out this role.
5 Sid Seiden It is great to have the opportunity to comment on the proposed supply base.
Firstly I think that the shire needs to have a public open discussion at Noted the shire hall with any concerned parties present to publicly state their case. Namely I think it’s about time MG Kailis stated their intentions clearly.
In the past surveys sent out and calls for submissions have not proved 37 comments have been received very fruitful due to the lack of numbers responding however I think following publication in the that more local people are now aware of the need for more input into Northern Guardian. the decision making process. Having a public meeting goes a long way to dispelling myths and misinformation within the town.
Since the first discussions on this subject you would think that the MG Kailis have submitted a whole process was about MG Kailis. It is not and should not be. They formal scheme amendment in have a right to putting forward a proposal however they have put writing to the Shire for approval. nothing concrete and complete, in writing, to any shire representatives that I aware of.
I, and many other town locals I have spoken to, are not in favour of Noted allowing MG Kailis to be the arbitrator or beneficiary of any decision on a supply base. This is where an open public discussion would be beneficial where MG Kailis need to show complete documentation for their proposal.
It is the established businesses and the town at large that should be Agreed the beneficiary from a supply base. Not the sole domain of one company.
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MG Kailis may say that through them the town will benefit however I Benefits to the community doubt that this will be the case and I would expect them to have on include providing more jobs for board equity investors & any operational decisions may not be to the local residents. direct benefit of Exmouth with much of the activity being "in house" and profitable mainly to them.
We already have an LIA to which locals have made a financial Agreed commitment and which can provide all of the services required by a supply base so why make it a one company closed shop facility that will only feather the nest of a minority with no guarantee that it will not be sold off to other out of town enterprises once it is operational.
With regard to the marine activity that will be associated with the Agreed, marine activities should final concept it makes sense to centralise such activities and not turn not be sprawled along the gulf. the gulf into a sprawl of fractured commercial activity.
Whether or not the proposed limestone loading facility proceeds, this Agreed, marine activities should is another activity that should be incorporated to make use of possible not be sprawled along the gulf. existing infrastructure & limit the spread of commercial activity in the gulf thus creating less of an impact on the environment.
Also on the marine side of things consideration also needs to address Agreed, marine supply bases the increased movement of vessels within the gulf should a dedicated should not be an eyesore or close supply base be created. As we saw last year when there were up to 20 to recreational activity. vessels moored in the gulf to avoid a cyclone it became a very ad hock affair with vessels strewn out across the gulf. Exmouth is a supply base by default at the moment.
I dont know if anyone else noted the extra amount of rubbish that appeared on the gulf shore line during this period ?
In conjunction with a supply base and the amount of vessels it will Agreed, marine activities should attract we need to establish a port facility with a mooring control area not be sprawled along the gulf & dedicated channels for the movement of vessels. Preferably vessels and marine supply bases should will have dedicated moorings and move to and from the eastern side not be an eyesore or close to of the gulf & not become an eyesore close to the towns beaches recreational activity. where we have recreational activity. This will have to be considered in conjunction with the established prawn fishing fleet that operates within the gulf.
Once again I call on the shire to advertise and hold a public meeting Noted so that all of these issues can be openly discussed.
6 Department of The amendment is for Lots 1, 101, 112 and 220 Minilya-Exmouth Planning Road, Learmonth and seeks to: · Modify Schedule 3 – Special Use Zones by adding additional text to include: o Supply base to support the fishing and oil and gas industry, including marine engineering, maintenance and repair, and fabrication and assembly of related components o Storage facility/deport/laydown area o Residential o Transient Workforce Accommodation; · modify Schedule 3 – Special Use Zones to include specific conditions relating to the listed Special Uses; and · inserting definitions into Schedule 1.
As the lots, subject to this amendment, are not specifically zoned for Disagree, the scheme amendment tourism purposes and the Council’s Policy Manual provides guidance states residential development is on Temporary Workforce Accommodation (Policy 6.28, page 320) part of the application not Policy Development has no objections to the amendment. transient workforce accommodation. Provisions need Please note that this is a response to tourism planning issues only to be made to ensure the transient and does not reflect comments of other branches of the Department of workforce accommodation does Planning (DoP) or a formal position of the Western Australian not grow as into a second town. Planning Commission (WAPC), which may need to be consulted on this amendment.
7 Water The WC does not have any existing or planning infrastructure in the Noted - Corporation vicinity of the amendment site. It is noted that the proponent intends PO Box 100 to deal with water demands and wastewater treatment within the Leederville proposed development site. WA 8 Darren Cossill As has been widely reported tourism in Australia is facing significant Noted Support General challenges. The high Australian dollar and cheap international Manager - airfares have meant that more than ever before international tourists Partner are looking for alternative destinations and Australian tourists are 53 Shire of Exmouth-Minutes- 21 March 2013
Novotel taking advantage of the opportunity for cheap holidays overseas. This Ningaloo has meant that investment in tourism products is at it lowest and Resort financial institutions are becoming less inclined to lend money for Exmouth tourism development.
With this in mind it is important that tourism focused products look Noted, agreed. to alternative revenue streams to help weather this storm. Exmouth is fortunate that the Oil and Gas Industry has increased their focus on our region during this time meaning that many tourism businesses in Exmouth have been able to take advantage of this new market. We feel that it is extremely important that while these opportunities present themselves we take full advantage of them for the long term benefit of tourism infrastructure and products. There are several potential benefits to the expansion of the Oil and Noted and agreed Gas presence in Exmouth; 1) Investment in infrastructure, 2) Local employment servicing a well paying industry allowing families to reside in Exmouth and therefore increasing the pool of people looking for work in other industries such as tourism, 3) Year round customers in a seasonal industry
With the potential opportunities created by Kailis’ proposal, Exmouth’s reputation as an alternative to Port Hedland and Dampier harbours for loading of vessels will have positive benefits for the whole community not just tourism.
The effects on tourism by the increased pressure on tourism Noted infrastructure will in my opinion be minimal due to the difference in booking behaviour of the two types of customers. During peak times tourists book over 3 months in advance to ensure they get the accommodation and tours they want and to take advantage of the cheaper airfares available for advanced purchase. Corporate clients on the other hand are last minute business due to the nature of their industry and fill the rooms not already booked to tourism.
We keep getting told that the Oil and Gas resources off Exmouth Noted and agreed have a finite life span. So why not take full advantage of the opportunity to establish tourism infrastructure that will allow tourism’s growth into the future. If we can achieve the upgrading of Exmouth Airport and perhaps see the development of more hotels and resorts then the potential is there for all other aspects of tourism to grow too, creating a vibrant year round destination that doesn’t turn tourists off because all of the restaurants are closed and the tour operators have headed south for the summer.
We ask that you support Kailis’ proposed scheme amendment 27 as Noted without the oil and gas industry we cannot afford to keep our resort open during these quieter months when corporate work makes up almost all of our custom.
9 Clayton Lord As a local builder employing six to eight carpenters we require Noted and agreed the Kailis Support 25 Street constant workflow. Tradesman expect high wages to live comfortably proposal will provide for Exmouth and I believe without some major industry other than tourism this increased jobs within Exmouth. will become harder to maintain as more builders and trades seem to be moving into town. Some businesses are set up with safety requirements to access these oil and gas jobs but have to travel currently to keep guys employed. I don’t believe we can obtain a good population growth without business investment in the town and region.
10 Simon Stevens Last year there was a survey of Exmouth residents, instigated by the Noted Support PO Box 557 Shire. There seemed to be conflicting views as to the true reason for Exmouth the survey, especially after results were published, as it would appear that they weren’t the results that either the Shire of Shire President wanted to hear. In view of this fact I have seen a copy of this letter to the Planning Minister John Day and MG Kailis to ensure that my views are heard. However despite this, I would like to draw your attention to the results.
I refer to Exmouth South Structure Plan Issues paper I retrieved from your website last year, and in particular to the section titled Exmouth Noted South Community Survey. The poignant questions I would like you to consider are questions 1-5 between pages 8-15 and there subsequent answers.
From these results I feel that the residents have already clearly state Noted their opinion on the matter. The results appear to favourably endorse the Learmonth Supply Base and further involvement with the oil and gas sector.
I would also like to mention that I consider it a serious short fall that Noted the survey didn’t clarify whether the respondent was a house owner 54 Shire of Exmouth-Minutes- 21 March 2013
or tenant as I feel this would have further strengthened the case, as I consider the people that have invested in the town deserve recognition for the fact.
I would also like to point out that whilst I was involved in the tourism Noted industry between October 1997 and April 2012, the decline in this industry has been significant. 10 years ago whilst there were a few dive shops operating there were principally 2 who ran vessels all the year around they were consisted of 2 * 25 man vessels (more in the season) and were operational every day of the year except Christmas day and the occasional days during February. This year no vessels have run since November 2012 and none are scheduled to run until sometime in March 2013.
Whilst a lot of the tourism problems can be blamed on the world economic down turn and the strength of the Australian dollar, there Noted are a lot more opportunities now, especially for whaleshark swimming, in third world countries such as the Philippines, Thailand, PNG, Africa and Yucatan Peninsular to name a few. As these countries don’t suffer from the overregulation and over priced conditions here we are no longer competitive.
As a result reliance on the tourism market isn’t a sound proposition for Exmouth in the current climate. I think we are in a very fortunate position to be able to capitalise on the oil and gas exploration that is happening, and will continue to happen off our coast and if Exmouth doesn’t embrace this is some form I think it will seriously jeopardise the future of the town.
Whilst I have been to several meetings over the years, the response you seem to get is always from the same groups of people, and isn’t representative of the community. I am afraid due to the apathetic nature of the general public and the good response you had from the survey that will most probably be the best representation you will get.
So with reference to the above and in answer to your question, concerning the Learmonth Supply Base I suggest you take guidance from the positive response to the questions 1-5 in last years survey.
11 Graham I am against the Kailis site being used for Oil & gas industrial site The DEC environmental Against Rumble because; assessment identified potential PO Box 476 1. We already have industrial sites at Mowbowra and in environmental impacts of the Exmouth WA town land uses can be managed with 6707 2. Water pollution from ballast etc. on ocean management plans and the 3. Water & land pollution from industrial work on land site application is likely to generate 4. Effects on sea life & whales etc. noise, dust and odour emissions 5. I think it would make a great caravan pk with everything that may have unacceptable there as it already has back up power, many sites plus impacts on sensitive land uses. houses, shop, pool, bar etc. on a lovely bit of coast too Workforce accommodation units nice to be ruined for industrial purposes & also Kailis (a sensitive land use) should be museum in sheds situated so they will not be 6. One central industrial area on the coast is enough, not exposed to unacceptable spread all along the coast. emissions. The environmental impact on the marine component of the proposal was not assessed.
Agreed industrial areas should not be sprawled out along the coast.
12 David The town requires industry to grow and survive along with corporate Noted Support Gillespie business working together with the town, accommodation industry 27 Murat requires constant support not seasonal. I’m for this proposal. Road Exmouth 13 Christine I have had an opportunity to review the proposed Scheme and note Noted - Lewis that on page 20 section 9.1.4 that a search of the Department of Manager Indigenous Affairs (DIA) database did not identified any registered Advice & Aboriginal heritage sites and I confirm that there are no identified Approvals registered Aboriginal heritage sites within the proposed development Department of of Lot 1, 101, 112 and 220 Minilya-Exmouth Road. It is noted that Indigenous this area has not been surveyed for Aboriginal heritage values in the Affairs past. PO Box 3153 East Perth
14 Brian Reading As a small business owner in Exmouth we need a continuity of Noted Support 21 Maley St consistent work to be able to offer work for our employees. If this Exmouth WA proposal is passed and the project develops we will be able to employ 6707 more personnel which will multiply through the community to make Exmouth a vibrant happy place to live.
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15 E & V As permanent resident of Exmouth, we wish to register our strongest Agreed, environmental Against Seaman opposition to the proposed changes for the use of the Kailis site assessment of the marine 6 Grayling allowing it to be used as a support location to the oil & gas industry, component needs to be Way knowing this will bring a substantial increase to the amount of vessel determined. Exmouth traffic deep into the Exmouth Gulf which must have a disturbing and detrimental effect to our migrating whale population, who as we all know use the Gulf as a vital resting location for mothers & calves, along with a host of other marine species we are so fortunate to have using our waters. As the original proposal was rejected by our Shire Councillors who represent us an a community and our recollection of this strong opposition that Kailis put forward to the Straits Salt proposal in the Gulf, YES WE DO OBJECT.
16 Gary Mounsey As a business owner and resident/rate payer I support the Scheme Agreed, the proposal will Support Exmouth Bus amendment no 27 to go ahead by the proposed MG Kailis and Ezion. provide more jobs for local Charters I cannot see in the near future of any other development happening in residents. PO Box 860 the Exmouth area that will help create local jobs and help support and Exmouth already dying business district that struggles to keep afloat year in year out. This could have a huge opening for my business alone to obtain more work with extra crew changes coming in and out of Exmouth rather than going up the coast to Dampier. With a bit of luck they just might help some of our local sporting clubs that struggle in this town by not having any major mining or oil and gas companies like other North West towns in WA.
17 Jacqueline The scheme amendment should not be considered as it is only a Agreed, full environmental Against Hine portion of a much larger project. The whole project should be assessment of the marine 5 Jones Place considered holistically and in context of the existing environment. component needs to be Exmouth Existing environmental approval only exists for the land part of this undertaken. project – it still requires an environmental approval for the marine section (as advised by EPA). The assessment should be done prior to consideration of any scheme amendment. This would avoid future situations where there is continual applications to implement similar projects due to the scheme already being in place (if marine environmental approval is unsuccessful).
The proposed project for which the scheme amendment is being Noted sought would be the forth approved site for industrial marine use in the Exmouth Gulf (the others being the Exmouth Navy Pier, the Noted, full environmental Exmouth Marina and Mowbowra Creek groin). There are already assessment of the marine plans to increase industrial shipping in Exmouth Gulf by expansions component needs to be of the exmouth Marina and the building of the Mowbowra Creek undertaken. groin. Industrial shipping has been shown to disturb whales which are a significant consideration in this location – being a crucial resting site for cows and calves of the protected Humpback Whale. Noting the site is the highest density of Humpback Whales in the southern hemisphere who have already been displaced by industrial shipping at several sites on their migration route along the WA coastline.
Finally the economic benefits of the project for the town are likely to Noted be restricted to a very small number of people due to the plans to continue allowing accommodation on-site for workers who fly in and out, the removal of business from existing arrangements.
18 Sally Kelly Assured Hospitality is in full support of the Scheme Amendment 27. Support Assured We think the modifications and additions to special uses sough in the Hospitality amendment will provide a positive outcome for the Town of PO Box 415 Exmouth. Belmont Assured operated 3 properties in the Margaret River region (holiday Agree resorts/restaurant/bar) over 12 years and recently divested our interests in Margaret River to invest in Exmouth. Our experience is that it is hard for tourism alone to support and grow infrastructure. Exmouth has wonderful natural attractions for tourists and is fortunate to have the opportunity of nearby industry capable of supporting the investment required by small business to improve the overall offering to tourists and residents.
We think that proposed Marine Supply base by MG Kailis should be Agree, the proposal will more welcomed. It will provide employment (approx. 150 people) there is employment opportunities for an identified demand for the services which are currently being local residents. provided by facilities in other communities further away; and this potential to contribute to diversification of the Exmouth economy is in a location that is isolated from residential areas and virtually ‘out of sight’ from most recreation al boating.
The proposed use of barges to service offshore vessels via a semi- Agree, however the submersible service barge in the gulf appears to be a very logical and environmental impacts of the innovative way to meet a current demand in a reasonable timeframe, service barge should be known.
56 Shire of Exmouth-Minutes- 21 March 2013
with little further impact than has already been the case with the prior MG Kailis operations.
We understand that in any event, the proposed offshore activities will be subject to a separate investigation and approvals under the Environmental Protection Act.
We strongly urge the Shire of Exmouth to approve the proposed scheme amendment.
19 Des O’Brien Preamble - It is difficult to understand just why the Minister is Agree Against 138 Madaffari allowing this review of an amendment previously rejected by the Drive Shire. Obviously the amendment and the EPA assessment of MG Exmouth Kailis's 'ultimate proposal' for the land based marine supply base and the off shore semi-submersible barge go 'hand in hand'. This is like reviewing a horse drawn cart without reviewing the horse - they go together. However, I fully understand that if this current review is successful and the EPA review of the off shore (semi-submersible barge) based MG Kailis proposal is not, this yet to come, MG Kailis will have a property able to be used as another light industrial area further fragmenting the town of Exmouth which already has established light industrial areas and land available at the Exmouth marina for the express purpose to service the oil and gas industry.
Reasons for objection to the Proposal - Notwithstanding the above comment, which is also an 'objection', I object to the above proposal for the following reasons.
1. Businesses small and large have already established a base in Noted Exmouth and its light industrial area slightly south of town, for servicing the north west oil, gas and fishing industries including MG Kailis's existing 'fishing' industry.
Establishing another industrial site at Learmonth may cause some of Noted these existing small businesses who do not have the vast resources and capital available to them, as do MG Kailis, to close. Many of these are family based and with that loss of families to Exmouth thus impacting across a broad spectrum of Exmouth life and business.
2. The proposed 'base' at Learmonth will be operated by a mainly Noted transient work force who would mostly not have 'families' with them and who would not be working during most of the cyclone season when oil and gas industries ramp back their operations whereas the existing small similar businesses in Exmouth continue to operate.
3. It has been shown that transient work forces are a problem in north Noted west towns for reasons such as that expressed recently (year 2012) by the Roebourne Shire President. These reasons include drug use, alcohol fuelled violence, use of ratepayers facilities without any financial input (Library for instance).
4. Historically, as noted in section 3 of the RPS Document the Kailis A full environmental assessment prawn trawling fleet consisted of 'about' 15 trawlers in the early of the marine component of the 1970's. In 1967/8 there were about 22 prawn trawlers operating out proposal needs to be known. from the old Learmonth factory site. Today, year 2013, there are about 6 to 8 prawn trawlers operating out of the Exmouth Marina. This should tell us that 22 trawlers to 6/8 trawlers over some 44 years, that the Exmouth prawning industry is in serious decline despite Government monitoring. One could point the finger at Kailis as being the culprit in this demise due to their destruction of the sea grasses and coral habitats in at least 35% of the gulf as the 'ground chains' utilised are dragged across the gulf floor.
Yet this current proposal ultimately wants to place further marine activities in the Gulf in the guise of a semi-submersible barge and 'landing barges' accessing the beach front.
5. Clause 2.2 of the RPS Document states that "Vacant areas of the Noted subject land are largely devoid of vegetation". This is incorrect and there is long term established vegetation on parts of the vacant land. it is not "largely devoid of vegetation".
6. Clause 4.0 of the RPS Document lists the "Onshore activities A full environmental assessment associated with the proposal". It seems at odds that most of the of the marine component of the 'activities' listed are already available out of the Exmouth Marina and proposal needs to be known, and therefore it is common sense that if this proposal is to proceed, then it industrial areas should not be should be based at the Exmouth Marina with the off shore semi- sprawled out along the coast. submersible barge anchored off the Marina in a far safer location, environmentally, than the proposed site many kilometres south at Learmonth. This would lessen the impact on the gulf with ships 57 Shire of Exmouth-Minutes- 21 March 2013
traversing a known whale and whale calf 'resting place' during the whales migration south and any impact through 'landing barges' crossing the shallow shore line and the dunal system.
We should be building on our existing marine infrastructure at the Exmouth Marina as obviously MG Kailis have realised in basing their prawning fleet there.
7. Clause 6.0 of the RPS Document notes that "All vehicular traffic Main Roads have provide (road-based) associated with supply base activities will not conflict comment stating that road etc etc". I disagree with this as the current entry to the prawning upgrades will be required. factory provides poor 'sight lines' in both directions but particularly to the north where vehicles travelling at 110kph exit from the 'creek Noted line' dip in road. With additional slow moving trucks utilising the access point to the site, we may have a conflict.
8. Clause 9.2 of the RPS Document mentions that under the proposal Noted an additional 100,000kL of water is required to be extracted. The existing ground water aquifer is under stress as can be attested to by many government reports and I believe that this amount of water should be 'reserved' for future development in the town site of Exmouth and its near environs.
Additionally, the RPS Document clause 9.2 'brushes over' the intent in regard to Environmental Impacts of existing and future sewage, power requirements, handling and disposal of used oils and fuels, hazardous materials etc etc. The bio-max system currently in use ultimately discharges its effluent into the 'ground' either into a special soil bed or via irrigation drippers all dependant on the system design in place. No mention is made of the possible 'leakage' of waste water into the gulf waters. All 'waste water' (sewage) on site should be collected and taken to the town waste water treatment plant. Grey water should be re-cycled.
9. The RPS Document plan showing proposed layout of infrastructure Agreed on lot 220, shows "self-funded fuel tanks" abutting the foreshore reserve. Surely this is the worst place for them. The fuel tanks should be located to the west of site adjacent road reserve.
10. Clause 7.1 of the RPS Document notes the current uses of the site Noted, the proposed site is allowed under Shire of Exmouth Town Planning Scheme No. 3. Due already zoned for industrial uses. to the current lack of caravan sites in town and out along the west coast, this for tourists during the 'season' and of accommodation for 'low income' workers in Exmouth Townsite, the Learmonth site is an ideal location for a caravan park with budget chalets. Alternatively, with MG Kailis's expertise in fishing and aquaculture, and the existing infrastructure, the site is suitable for a land based aquaculture industry perhaps combined with the aforementioned developments in this paragraph.
In conclusion I strongly object to this proposal for reasons noted Agreed, a full environmental above and especially the fact that it is not being considered as a impact assessment of the marine "whole" proposal together with its ultimate "off-shore" component component needs to be which surely would be rebutted. undertaken.
20 Bev Wilson I don’t want the hump back whales to lose the gulf as a resting place. Agreed, a full environmental Against PO Box 330 impact assessment of the marine Exmouth I would like an environmental report to be completed BEFORE the component needs to be scheme amendment is decided. undertaken.
There are already enough marine supply bases in the gulf.
21 Lyn Irvine Private citizen on behalf of Exmouth community. I am a humpback 21 Lockwood whale researcher concerned about the effects to the community- local St whale watchers and the tourist industry- of the potential for this Exmouth proposed Scheme Amendment to displace humpback whales from Exmouth Gulf.
The proposed scheme amendment focuses on terrestrial Agreed, a full environmental environmental concerns but does not address any marine assessment of the marine environmental impacts. As the scheme amendment will allow component needs to be activities that pose a significant potential risk to the marine undertaken. environment, I believe that it should undergo a full environmental assessment prior to approval.
Noted My specific concern is as follows: increased vessel noise may displace resting humpback whales from Exmouth Gulf.
Exmouth Gulf is believed to be a critical habitat for humpback 58 Shire of Exmouth-Minutes- 21 March 2013
whales as they travel from their breeding grounds in the Kimberleys to their feeding grounds in the Antarctic- a journey of 3000 nautical miles. Humpback whale mothers utilize Exmouth Gulf as a quiet, protected area to nurse their young calves. This nursing- rest allows the calves to build up blubber reserves that they need for insulation as they travel to the colder southern waters.
Research has shown that humpback whale females and calves are Agreed, a full environmental sensitive to vessel noise and will move away from the noise source. assessment of the marine Increased vessel traffic in Exmouth Gulf will increase vessel noise, component needs to be which will increase the risk of humpback whales being displaced undertaken. from Exmouth Gulf. Displacement from resting areas will compromise the fitness of the calves, which may ultimately affect their survival.
Humpback whales are protected by the EPBC Act. I believe that the risk of humpback whale displacement from Exmouth Gulf warrants a full environmental assessment of the proposed scheme amendment. This assessment should include impacts on terrestrial and marine systems and should be carried out prior to the assessment of the proposed scheme amendment.
22 Owen Giersch Regarding the Exmouth south structure planning- marine supply base Noted Against Learmonth and how it may affect Learmonth Solar Observatory (LSO – joint Solar Australian BoMet- USAF facility) operations. One of the main Observatory reasons the LSO location was selected was because it needed to be Manager set up in a radio quiet zone. LSO is one of the best radio telescope sites in the world for this reason. Its instruments currently cover a wide range of radio frequencies from 25 MHz to 15.4 GHz. Increases in industrial activity usually result in an increase in radio frequency interference (RFI) and some protection in this domain is afforded by radio spectrum legislation and the Federal Government body ACMA (Australian Communications and Media Authority).
If a marine supply base is established within 50km of the LSO site it Noted. Further discussion with will increase RFI and likely decrease the accuracy of our data, the Department of Defence is hindering our ability to support several technological activities. required on this matter. Possible sources of RFI include, ship to shore communication, satellite communication, and ship radar, plus other site support constructions such as TV, mobile, or radio transmitters. The solar monitoring by LSO supports a wide range of important activities that involve safety of life, national security, and economic loss. These include support for reliable HF communication (State Emergency Services, Flying Doctors, and Australian Defence Forces), over the horizon radar (monitoring air and sea movements), mining industry (aeromagnetic exploration), satellite operations (preventing component failure, reduction in lifetimes, and control problems), electrical power companies (preventing damage of HV transformers from solar shock induced currents), oil and gas companies (reducing enhanced pipeline corrosion from solar induced electric currents), as well as other areas of technology (such as GPS dependent systems).
We hope this provides insight regarding BoMet/IPS concerns. Please keep LSO advised to any decisions made regarding the status of the Kailis processing site, and plans for RFI mitigation, or other expansions in the southern Gulf of Exmouth.
23 Axel Passeck We are against the proposed Amendment to change the Scheme of to Noted Against Sea Breeze allow Kails to change for fishing operation to a heavy duty industrial Resort use, with accommodation, licensed bar, massive fuel storage and 24/7 Exmouth WA heavy industrial activity. We are plan to build and life on our land in 6707 the near future and to run an up market B&B. The subject of this As the only direct neighbour we are concerned about the change into The subject site has always been submission is a heavy Industrial Site for the following reasons. zoned for industrial purposes in on behalf of - when be bought our land we bought it as “Wilderness” the Shire’s Local Planning the Passeck and pre zoned for B&B. A neighbouring heavy industrial Scheme. Family, site is not where we see our future as neighbours. owners of - - we are concerned about the: Noted Cape - -24/7 operation Wilderness - - massive storage of fuel and chemicals on site Estate 327. - - flooding the site in cyclonic, tsunami or torrential rain Address of - - the unsuitability of the site, being split by a massive propert flood way and surrounded by others affected by - - being situated in the mouth of the biggest gorge, Charles Scheme Knife Gorge and it’s catchment Cape - - blocking and stopping beach access Wilderness Estate 327 on We don’t understand why the Minister interfere into 2 negative Shire Noted and agreed. Minilia – decisions and split the Terrestrial from the Marine Environment, Exmouth while there is a designated Heavy Industrial Site approved and Road promoted by the Shire? 59 Shire of Exmouth-Minutes- 21 March 2013
The Kailis Site was and still is identified not suitable, while an alternative site is allocated, approved and supported for the permissible use. We do oppose to the process in separating the Marine side from the Agreed, a full environmental Terrestrial! assessment of the marine It is like commenting on the a racing car performance without tyres component needs to be fitted. One is directly linked to the other or where is the “Marine undertaken. Supply Base” coming from. It is not a “Site Supply Base” isn’t it? Transportation of goods from and to “site” of a Marine Supply Base is usually in the Marine environment. To take this discussion out and separate it is very unusual to say the least!
We do oppose also that the process so far has been allowed to Noted continue without an Environmental Impact Statement, including the Environmental Impact Study. Most concerning is the amount of Fuel and Chemicals proposed to be stored on site. The Area is in our opinion in a high risk flood plain and one of the deepest and ferocious flood way splitting the site, almost running through the middle, asking for a BRIDGE??? The already zoned Industrial Area south of town is not carrying this risk! Why would the Minister consider such a site for fuel and chemical storage opposing a potential environmental disaster risk, easily impacting our property, beach front, water and living quality?
To our understanding the broad support is for the already designated Noted and allocated site south of town, but there is also another option worthwhile looking at. If the Minister I concerned that Exmouth is not delivering on a missing important piece of infrastructure supporting the Oil and Gas Industry, then has he considered the already existing dormant facilities on the H.E. Holt Naval Communication Station. Surely the Navy Pier and their Lay Down Yard would be able to handle the task ahead, being much bigger and safer than the current Kailis site. It also is approx. 4 hours shorter trip for supply vessels to the sites. Surely this has to be taken into account, making the supply and service not only much more profitable but also much more flexible. Of course such a solution would not require massive barges. Funny enough the provision of large barges is to our understanding the part of Kailis business partners.
We may hear people arguing that as business owners of the Sea Breeze Resort we would like to support this as a new market for our business. Surely not as the laydown yard is only approx 100m away from our building. This if any, would negatively impact on our well established Tourism Business.
We may also hear people arguing that we live in Esperance, known as Noted a Port location. Yes it is correct that we bought a house right in the middle of Esperance in walking distance to Primary and High School. We moved to Esperance for reasons of education, not live style nor business opportunity. We also not live at the water front and nowhere near heavy duty Industry or fuel and chemical storage in a high risk flood area.
May we highlight that our future is in Exmouth, live and operate a Block 327 of the Cape business and continue to employ people on our block of land 327 Wilderness Estate is located Cape Wilderness Estate. approximately 7km away from We therefore urge the Shire and Minister to consider our position and the proposed Kailis Site. disregard this application and only allow fishing operation on the site as historically proven to be successful.
24 Kim Tapper I would just like to put in writing that I am in full support of the Noted Support Lot 1 Lefroy Kailis proposal; I have been following the project throughout and St have shown support throughout this process. The Learmonth Business offshore logistics hub proposal gives the Exmouth community an Owner opportunity to benefit from aligning with the State’s resource sector, Ningaloo but in a strategic and limited way that preserves the essence, values Lodge and economic diversity we currently enjoy.
The advantages of the Learmonth site proposal. This site and proposal has a number of advantages over other potential areas for an offshore logistics hub in the Exmouth region, including: Located a significant distance from the residential corridor Noted of the Exmouth townsite, including Cape Wilderness Estate, removing any potential land use conflict. All vehicular traffic (road-based) associated with supply base activities will terminate at this site, 22 kms from the Exmouth Township Significant separation of recreational and commercial
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marine traffic Separation of offshore logistics hub operations from the “easy feel” Exmouth township, with marine activity below the visual horizon from Exmouth It is a developed site with existing infrastructure that is suitable for the proposed purpose that will otherwise become redundant The ability for the site to access the coast and the flat inter-tidal area for vessel unloading means the site is uniquely suited to the low impact barge concept proposed. A purpose-built site (i.e. single use) is attractive for supply base operators and contractors working the region, particularly when compared to a multi-purpose site The logistic hub will operate as a “public facility” open to all operators who wish to access it From a business and also personal aspect I have no objections, I fully support the project and welcome the benefits the project will deliver to the businesses in Exmouth and to the residents of Exmouth with the growth of employment.
26 Susie Bedford My interests are affected on behalf of Cape Conservation Group, a Against (President not-for-profit, volunteer-run organization concerned with “protecting Cape and preserving the Cape now and for future generations”. Conservation Group) Cape Conservation Group against the granting of the scheme Noted, industrial activity should PO Box 1029 amendment. not sprawled along the coast, Exmouth WA The Marina is already being used for the oil and gas industry, with however the site has always been 6707 prospects of further developments and another industrial base for zoned for industrial use in the transporting limestone has been approved, eventually resulting in the Shires Local Planning Scheme. construction of a 600m groin Mowbowra Creek. The Navy pier is occasionally used by the petroleum industry, with potential for increase industrial use in the future. We do not need a 4th industrial site on the western side of Exmouth Gulf. The Cape Conservation Group says NO to a fourth industrial site and believes that the Kailis/Exion Learmonth Marine Supply Base should not be approved before an environmental assessment is undertaken.
27 Susie Bedford My interests are affected as a private citizen, who did not move to Against PO Box 767 Exmouth in the hope it would be a town that services the oil and gas Exmouth WA industry. 6707 I believe in sustainable development that works towards preserving Noted the environmental resources that attract thousands of tourists to the area each year. I do not believe that allowing further development of the marine supply bases in Exmouth Gulf fits in with the nature of the town and its environs in the vicinity of Ningaloo Reef and Cape Range, which have enough significant international features to warrant the granting of the Ningaloo Coast World Heritage Area. People are attracted to the area to visit Ningaloo Reef, the whale sharks and to explore this amazing area. We should be doing everything in our power to ensure sustainable development that does not impact tourism.
The Marina is already being used for the oil and gas industry, with Noted, industrial activity should prospects of further developments and another industrial base for not sprawled along the coast, transporting limestone has been approved, eventually resulting in the however the site has always been construction of a 600m groin Mowbowra Creek. The Navy pier is zoned for industrial use in the occasionally used by the petroleum industry, with potential for Shires Local Planning Scheme. increase industrial use in the future.
We do not need a 4th industrial site on the western side of Exmouth Gulf. The Cape Conservation Group says NO to a fourth industrial site and believes that the Kailis/Exion Learmonth Marine Supply Base should not be approved before an environmental assessment is undertaken.
28 Jackie Brooks I would just like to put in writing that I am in full support of the Agree, there will be employment Support 14 Fyfe St Kailis proposal, I have been following the project throughout and benefits, and improvements to Exmouth WA have no objections as you can see by the below info on the Kailis infrastructure. 6707 site there will be employment gained and Exmouth businesses will benefit.
Private In addition to direct jobs, as a public facility the logistics hub will Citizen/ enable existing engineering businesses in Exmouth to increase their Manager of a access to light engineering opportunities from Oil and Gas activities business in the region, as well as vessel servicing and maintenance. This will increase the level of trade related jobs, as well as create opportunities for apprenticeships for Exmouth youth the most significant benefit opportunity for Exmouth is that by aligning to the region’s resource industry it can position itself as a growth region of strategic 61 Shire of Exmouth-Minutes- 21 March 2013
importance to the state, and as such will be able to secure increased funding to improve and develop community infrastructure and services in the area of education, health and other social infrastructure.
29 Leonard S Against scheme Noted, the environmental Against Abdallah The Exmouth Gulf is home to several species of fish that are endemic impacts of the marine component 12 Fyfe St to both WA and Exmouth need to known. Exmouth Industrial facilities such will eventually involve chemical pollution entering the water, especially with the re-fuelling of boats and boat maintenance. Such facility will finally destroy the Gulf that has already suffered enough from trawling.
30 Brett Wolf We are opposed to the development of a marine supply base on Lots Noted, industrial activity should Against Owner/ 1, 101, 112 and 220 Minilya-Exmouth Road, by the MG Kailis not sprawled along the coast, Operator Group. however the site has always been True Blue zoned for industrial use in the Bones We own and operate a guided fly fishing charter business- True Blue Shires Local Planning Scheme. Exmouth WA Bonefish. The shoreline immediately to the north and south of the proposed development offers world class permit (snub-nosed dart, Trachinotus blochii) fishing.
For saltwater fly fishers, like bonefish, permit are a premium species to target. We have fly fishers from all over Australia, and the world, come to Exmouth to specifically target permit. All permit captured are subsequently released.
These visiting fly fishers are high spending, low impact tourists.
Permit are a very shy fish so they will move away from areas impacted by heavy boat traffic. Fly fishing with heavy industry in the background is not a great experience to provide customers.
The proposed development would be better situated between Exmouth and the Industrial Area just to the south of Exmouth, rather than spreading heavy industry further south into Exmouth Gulf.
31 Henty Farrar Thank you for your letter of 11 January 2013 noting that Kailis Ltd Noted - Manager had prepared a Scheme Amendment document, and by inference, that Midwest the Shire has now resolved to advertise the Amendment. Gascoyne Department of The land the subject of the proposed Amendment include Crown land Regional that is leased by the applicant for specific permitted uses which do Development not include residential use nor use of the land for a shore base for the & Lands oil and gas industry.
Accordingly, the applicant’s powers in respect of Lot 112 did not and do not extent to applying to the Local Authority for a rezoning of the land to authorize these uses. In other words, Kailis does not have the legal capacity to make any application in respect of Lot 112 that is beyond the scope of the authorization it holds from the land owner for the use of the land in Lot 112. The State as owner of the land was not a signatory to the rezoning Application.
Indeed, it is understood that without a valid owner’s consent on any application, such an application would not be a valid application under the Local Planning Scheme and would therefore not be able to be competently considered by Council.
To-date, Kailis as lessee has not approached RDL as Lessor, with any proposal to amend the terms of its lease over Lot 112.
Under the circumstances, it would seem the rezoning process- at least in respect of Lot 112, is without proper foundation and perhaps therefore invalid.
Thank you for bringing this matter to the attention of the Department.
32 Jim Dodds The DOH provides the following comment: Noted Director 1. Waste Water Disposal Environmental All on-site wastewater treatment and disposal systems associated Health with proposed developments are to be approved by DOH Directorate 2. Mosquito-born Disease Control Programme and Services The risk of mosquitoes and mosquito-borne disease is largely unknown for this region. However, human cases of Ross River virus 62 Shire of Exmouth-Minutes- 21 March 2013
(RRV) disease have been reported in some years, indicating that mosquito activity is of public health concern in the region under certain environmental conditions. Murray Valley encephalitis and Kunjin virus disease are also of concern in the Gascoyne, Pilbara & Kimberley regions.
There is the potential for mosquitoes to breed in on-site infrastructure and constructed water bodies if they are poorly designed, as well as in mosquito breeding habitat associated with seasonal flooding that is within close proximity to the subject land.
The location of the proposed Scheme Amendment is such that future residents/onsite workers may be exposed to mosquito-borne diseases. Therefore, the Shire of Exmouth needs to be confident that they can manage the risks to public health and severe impacts on the quality of life of prospective residents/workers from mosquitoes and mosquito- borne diseases. Recommendations: The Shire of Exmouth ensures they have sufficient resources to continue mosquito management for the future of the development following the handover of responsibility from the developer; The proponent consider developing a mosquito management plan and must ensure proposed infrastructure and site works do not create additional mosquito breeding habitat as follows: o Changes to topography resulting from earthworks (e.g. the installation of pipelines, footpaths, roads etc) must prevent run-off from creating surface ponding as it may become mosquito breeding habitat o Water tanks and other water-holding containers must be sealed or screened to prevent mosquito access and breeding. Regular monitoring for mosquito larvae and treatment with larvicide may also be required o Waste items (tyres, drums and other water holding receptacles) should be filled with sand/soil; kept undercover or punctured to reduce the chances of these items holding water and becoming mosquito breeding habitat; o Constructed water bodies (drainage infrastructure, infiltration basins and swales, settling ponds, wetlands etc) must be located, designed and maintained so they do not create or contribute to mosquito breeding; and o Mosquito-proof design should be incorporated into building design for worker’s accommodation/residential dwellings/recreational facilities (such as mosquito mesh on all doors and windows and the inclusion of an enclosed outdoor recreation area) in order to minimize resident/worker/visitor exposure to mosquito bites.
Associated with this proposed Scheme Amendment is the potential for the incursion of exotic mosquitoes with ships or freight arriving from interstate or overseas. If these exotic mosquitoes were to establish, outbreaks of exotic mosquito-borne disease could occur. o The proponent should work with the Australian Quarantine and Inspection Service (AQIS) Vector Monitoring Program to detect exotic mosquitoes (as required by AQIS); o Port surrounds are kept in a sanitary condition to prevent the incursion and establishment of mosquitoes, prevention standing water and ensuring vegetation is kept to a minimum with the port and surrounds.
3. Scheme Amendment 27 Content ‘Public Health’ is recommended to be integrated to the Amendment within the various strategies outlined. Public Health should include disability access, disaster preparedness, health, social and mental wellbeing of the residents, workforce and visitors. Incorporating ‘public health’ into the design and implementation of this amendment will ensure a more sustainable development. Health concerns about buffers should not be limited to just industries and infrastructures. Consideration must be given to the need for adequate buffers to protect residents from lifestyle and public health impacts such as mosquitoes or industrial activities for example. You should also consider incorporating Health Impact Assessment 63 Shire of Exmouth-Minutes- 21 March 2013
(HIA) and/or Public Health Assessment (PHA) principles in your decision making process. For your information and guidance, you may access the relevant information at the following sites:
HIA- http://www.public.health.wa.gov.au/2/1400/2/health_risk_assessment .pm PHA- http://www.publich.health.wa.gov.au/2/1399/2/public_health_assess ment.pm
Should you have queries or require further information please contact Vic Andrich on 9388 4978 or [email protected]
33 D. Ann Preest Due to our past experience with the Ezion Management involved in Against Organisation – this project we as an organization have no confidence in the project. Yinikurtira Our organization was given in writing a letter of support for the Traditional conference we were awarded in 2010. Owners This support was withdrawn when I would not comply with the Endorsed wishes of the manager of the company and was told that there were representative ways he would deal with the issue. of the late I was requested to remove a consultant from our organization as they Yinikurtira did not wish for us to work with this company. Custodian We are an organization that is honourable to those that support the Traditional Legacy of the late Sydney Dale and choose to be the focus of ridicule Owner NWC until the issue became known. Sydney Dale We therefore have no confidence in the business proposal and its management relating to this proposal and supply the Attachment 1 for consideration. 1. Just on 20 years ago no research was carried out after the Exmouth Marina was completed. It was observed that north of this area all of the Coral and sea grass had been smother by silt and was all dead. Prior to the marina being built one could observe dugongs any day of this year in this area. Still to this day no dugongs have returned and one must assume this is because no sea grass recovery is evident. 2. If Mowbowra Creek facility is built one can expect similar destruction of sea grass and coral for at least 10-15 km north of Mowbowra Creek and if Kailis Proposal has a similar impact from the location it is highly likely that all A full environmental impact sea grass and coral not from Kailis to Bundegi (40km) of assessment of the marine the Western side of Exmouth Gulf coastline will be component is required. destroyed with a flow on effect to all the ecology/fauna that rely on this habitat with a possible flow on effect again to the Bundegi and Ningaloo Reef. 3. Now that it is a busy port area this is a required move for the Department of Transport to apply appropriate monitoring services and support. 4. There will be a danger to our community due to distance and monitoring- 1 control of drugs 5. Uncontrolled observation of sea movements 6. The control of waste is an issue 7. Water is an issue and needs to be monitored 8. The involvement of the Aboriginal people from the areas would have to be made a requirement as well will expect to be the people delivering the cultural information and education 9. There is much more to be considered here 10. Monitoring of the water System would be required to make sure no contaminants were introduced 11. There is a lot more to consider here as we would like to be the body involved in training and will take this up at a higher level
Continuing with the issue we would like to also include the following: Please also to be in consideration this important statement from the Manager of Empire Oil in this week’s Local Guardian Newspaper: Basically what was said in lay man’s language is “if an animal is not a worm blooded fury cute tourist attraction it is of no importance to the environment, sustainability or natural history.”
This view should be looked at seriously by the EPA Director as to the sustainability of Empire Oils Management to make decisions regarding their business and environmental credentials and their commitment to honouring environmental conditions applied to their companies approvals.
There is a lot more to be considered with this proposal and we would like to be involved in the future as our country will be the one suffering in time to come. 64 Shire of Exmouth-Minutes- 21 March 2013
34 Mary Bullock I would like to register by objection to the additional shipping Noted Against Exmouth proposed from the proposed site including pontoon and transferring facilities, as in the absence of excess. Shipping, seagrass and coral life has regenerated. Any dredging or extra shipping will adversely affect this.
35 Department of DEC does not endorse accommodation facilities and recreational Noted - Environment areas within designated industrial areas or in close proximity to and industrial land used. This planning can typically become problematic Conservation in regards to noise, dust and odour issues given the variety of interests.
DEC strongly suggests that Guidance Statement N.3 (Environmental Protection Authority – Separation Distances between Industrial and Sensitive Land Uses) be referred to for advice.
36 Department of No objection Noted - Water
37 RPS The MG Kailis Group wish to register its support for proposed Town Noted Support – PO Box 465 Planning Scheme Amendment No. 27. In addition, and on behalf of Applicant Subiaco WA MG Kailis Group, we provide the following as a summary of the history for 6904 of this Amendment proposal, including commentary regarding the Scheme recently released drat Exmouth South Structure Plan and the Amendm consistency of proposed Amendment No. 27 with the findings and ent objectives of this structure plan.
This Scheme Amendment proposal was originally considered by the Shire of Exmouth at its Ordinary Council Meeting on 15 December 2011, where it was resolved:
“to set aside amendment 27 to carry out a comprehensive study/risk analysis, with the assistance of the WAPC that engages the community and industry to fully understand the demand and impact of any potential supply base(s).”
In February 2012, the matter was placed before Council to reconsider the December 2011, however the motion did not receive an absolute majority to revoke the December resolution.
Following the February 2012 meeting, the Shire of Exmouth engaged TME Town Planning Management Engineering to assist in the preparation of the Exmouth South Structure Plan, which included a first phase deliverable of an Issues Paper and reporting recommending the preferred sites/s for a marine supply base(s) within the Shire of Exmouth. The Issues Paper was presented to Council in April 2012, where it was resolved:
“The Council of the Shire of Exmouth receive the first part of the Exmouth South Structure Plan being an Issues Paper and a report, taking into account the results of the literature review, community consultation and identification of opportunities and constraints, and recommending the preferred site/s for a marine supply base(s) within the Shire of Exmouth”.
After considering the Issues Paper, there was a Special Council Meeting held on 1 May 2012 to consider this proposed Scheme Amendment. The officer’s report recommended Council initiate the proposed Scheme Amendment for the purpose of public advertising, however Council voted against the officer’s recommendation based on the following reasons:
1. That the existing Exmouth Town Planning Scheme No. 3, that has had extensive community consultation and endorsement, has already identified Lots 50 & 51 Minilya-Exmouth Road (Mowbowra Creek) as the Strategic Industrial site enabling Marine Supply Base uses and activities, and that there has been considerable developments and private investment within the Strategic Industrial area. 2. That the proposal is considered ad hoc spot rezoning and should not be supported in accordance to Town Planning Bulletin 102/2010, given it sets an undesirable precent for fragmented development of an environmentally sensitive area which otherwise requires coordinated and comprehensive planning. 3. That the 27.840Ha proposal is considered to be of large scale and is not considered to a small/second tier Marine Supply Base. 4. Environmental Impacts.
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Following the December resolution of Council, the applicant submitted a request under Section 76 of the Planning and Development Act 2005 for the Minister for Planning; Culture and the Arts; Science and Innovation to order the Shire of Exmouth to prepare the amendment to the local planning scheme. On 6 July 2012 and following the provision of further information by the applicant, the Minister ordered the Shire of Exmouth to prepare the amendment to its Town Planning Scheme No. 3 as set out in the Scheme Amendment report entitled “Proposed Scheme Amendment Lots 1, 101, 112 and 220 Minilya-Exmouth Road, Learmonth” (Version: Rev 0 Date: October 2011). The following reasons for the order were given by the Minister:
1. The Shire of Exmouth has declined to prepare the amendment to its Town Planning Scheme No 3 set out in the document entitled Proposed Scheme Amendment Lots 1, 101, 112 & 220 Minilya-Exmouth Road, Learmonth”. 2. A need has been identified for a marine supply base to service the oil and gas industry and finishing operations in this location which could bring significant economic benefits to the local community. As the proposed amendment could facilitate this need being met, it is appropriate for the proposed amendment to be prepared in order that it can be the subject of more detailed consideration through the scheme amendment process. 3. As to the reasons given by the Shire of Exmouth for refusing to prepare the proposed amendment: a. Strategic planning for this area has begun but has not been completed. As it will not be completed in the near future, it is preferable for the proposed amendment to be considered on its merits through the scheme amendment process. b. Given the current use of the land as a ‘brownfields’ site in a Special Use zone, the proposed amendment is not considered to constitute ad hoc ‘spot rezoning’. c. The scale of the development including the comments by the Learmonth Solar Observatory can be assessed through the scheme amendment process once the proposed amendment is initiated by the Shire of Exmouth. d. Environmental concerns can also be assessed through the scheme amendment process including referral to the Environmental Protection Authority, once the proposed amendment is initiated by the Shire of Exmouth.
Accordingly, the proposed Scheme Amendment was presented to Council on 19 July 2012, where was resolved:
“That the Council of the Shire of Exmouth note the Minister for Planning Hon John Day’s response and direction to initiate Scheme Amendment 27 – Lots 1, 101, 112 and 220 Minilya- Exmouth Road, Learmonth pursuant to section 76(1) of the Planning and Development Act 2005 (the Act).”
Following the above resolution, the Scheme Amendment, along with a supporting Environmental Assessment Report, was forwarded to the Environmental Protection Authority under Section 48A of the Environmental Protection Act 1986, where it was determined on 12 November 2012, that the Scheme Amendment be ‘Not Assessed (Advice Given)’, effectively facilitating public advertising of the proposed scheme amendment. A copy of the Environmental Assessment Report has previously been provided to the Shire, which outlines the key findings and proposed management strategies.
It should be recognised that the EPA’s decision not formally assess the proposed Scheme Amendment should not be interpreted as support for future proposals associated with the marine operations situated outside of the amendment area. This will be considered separately via a referral of the proposed marine operations under Section 38 of the Environmental Protection Act 1986. Importantly, this Scheme Amendment proposal, which effectively only seeks to amend the list of permitted uses over the amendment area, can still be progressed and comprehensively assessed separately to the Section 38. Further, and as stated in our letter to the Shire dated 19 December 2012, we reiterate: a) Amendment No. 27 does not include a ‘marine component’. b) Should the marine component of the overall development proposal not be pursued for whatever reason, Amendment No. 27 could still facilitate a ‘supply base’ type of operation that services 66 Shire of Exmouth-Minutes- 21 March 2013
the fishing / oil & gas industry via alternative transport methods (i.e. Road) or other uses (i.e. storage / transport depot). c) MG Kailis are not of the view that the successful progression of Amendment No. 27 will mean that the marine component will automatically be supported, and in this regard are committed to ensuring that further investigations regarding potential environmental impacts associated with any proposed marine operations outside of the amendment area are undertaken.
Draft Exmouth South Structure Plan The Shire of Exmouth has commenced development of a structure plan for the area from south of Exmouth townsite to Learmonth. The development of an Exmouth South Structure Plan will complement the Exmouth townsite structure planning completed in 2011 and is an important step in planning for the wider area of Exmouth-Learmonth.
In recognition of the increased interest from industry for Exmouth to have greater involvement in the oil and gas sector through development of a Marine Support Facility(s), the first stage of the Exmouth South Structure Plan involved the preparation of an Issues Paper and recommendations for the preferred site(s) for a marine support facility.
The Issues Paper includes the findings of a community survey, literature review and the identification of opportunities and constraints relating to marine support facilities in the Exmouth region. The Issues Paper identified the key themes that emerged from the survey analysis, which included:
Exmouth needs additional economic development Exmouth needs to take advantage of the oil and gas industry Exmouth needs additional employment opportunities Fly in/Fly Out only welcome if they live in and contribute to the town Collectively, we must protect and conserve: the environment, the tourism industry, the character and community of Exmouth.
MP Rogers & Associates (Coastal Engineers) undertook a review of five (5) potential sites previously identified as having the potential to support marine support facilities, including:
Site 1: Point Murat Site 2: Exmouth Boat Harbour Site 3: Strategic Industry Area Site 4: Kailis Site 5: Lyndon (Learmonth South)
With respect to the Kailis site (amendment area), the Issues Paper states:
“The site has a long history of industrial use, with closure of seafood processing operations leaving significant infrastructure available. Minor marine supply base proposing using trans- shipment. This is technically a proven method and would provide a low capital cost option.”
In regard to the matter of a preferred site(s) for a Marine Supply Facility(s) within the Shire of Exmouth, the Issues Paper concludes:
Subject to environmental assessment and approvals, development of a ‘tier 2’ Marine Support Facility(s) would have overall benefits to the Shire and the region; Site 1 (Point Murat) and Site 2 (Exmouth Boat Harbour) have significant constraints and do not warrant further investigations; Site 3 (Strategic Industry site) and Site 4 (Kailis site) both have sufficient merit to warrant detailed investigations; and Site 5 (Lyndon – Learmonth South) may have sufficient merit to warrant detailed investigations but is less prospective than Site 3 and Site 4.
The findings of the preliminary investigations relating to marine support facility(s) within the region, along with other investigations into the area referred to as Exmouth South, has led to the release of a draft structure plan for public comment. The draft structure plan makes specific reference to the Kailis site, listing the following objective and actions:
Objective:
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Facilitate transition of the former seafood processing plant and caravan park to a new economic activity compatible with environmental and landscape values. Actions: Further investigate the MG Kailis site an nearby Crown reserve east of the Minilya-Exmouth Road and south of Badjirrajirra Creek for suitability for a marine support facility, lay-down and general industry area compatible with environmental and landscape values.
Importantly the issues paper and the draft Exmouth Structure Plan recognizes the locational advantages and historical activities that contribute to the Kailis site being considered suitable for such as, supporting our clai that Amendment No 27 is consistent with the vision for this area.
Summary On behalf of our client, MG Kailis Group, we reiterate our support for proposed Amendment No. 27.
Amendment No. 27 is considered to be consistent with the latest structure planning for this area, which seeks to facilitate the transition of the site to a new economic activity, compatible with the environmental and landscape values.
Further, it should be acknowledged that the Scheme Amendment process, and other necessary approval processes associated with the development scenario envisaged by the proponent (MG Kailis), will ensure that the environmental and social impacts of the proposal are thoroughly assessed and considered.
Accordingly, we look forward to Council’s support for the Amendment.
Thirty Six (36) responses were received. 17 responses were against the proposed scheme amendment and 13 were for the scheme amendment. 6 responses provided no indication of support or refusal they were advice comments. Main Roads Water Corporation Department of Indigenous Affairs Department of Regional Development and Lands Department of Health Yinikurtira Traditional Owners
It should be noted that six (6) comments of support for the scheme amendment were from local businesses and tourist operations. Comments of support for the scheme amendment were also received from the Applicant (RPS) and have been included in the pie chart below.
The perceived issues raised in the consultation process include: 1. The impact of the proposal on the marine environment within the Exmouth Gulf and the impact on Humpback Whales; 68 Shire of Exmouth-Minutes- 21 March 2013
2. Road safety issues with increased traffic and the number of trucks and potentially road trains; 3. Negative Visual Impacts; 4. Concerns of industrial sprawl all along the gulf, when there are other existing sites which could be utilised such the Navy Pier site, Exmouth Marina and Mowbowra Creek Groin; 5. Residential development in an industrial area having impacts on residents health from the noise, odour and dust created from industrial activity; 6. The transient workers accommodation being developed into a separate community outside of the Exmouth Townsite; 7. Impacts on the Learmonth Solar Observatory creating increased radio frequency interference, with a specified effect on Defence capabilities; 8. Blocking off beach access; 9. Flooding impacts; 10. The location of the fuel tanks being located so close to the ocean; 11. The use of Crown land for a use which was not permitted; 12. There is long term established vegetation on parts of the vacant land; 13. The risk of Mosquito-Borne diseases; 14. Environmental impacts of existing and future sewerage, power requirements, handling and disposal of used oils and fuels, hazardous material; and 15. Disability access and disaster preparedness.
The Issues have been further discussed under a separate issues section below.
The perceived benefits of the scheme amendment raised in the consultation process include: 1. Investment in infrastructure; 2. Increased employment opportunities; 3. Increased provision of workflow for local businesses; 4. Diversification of Exmouth’s economy; 5. Year round customers for the tourist industry; and 6. The industrial and marine activity is not located within close proximity to the Exmouth Townsite or the Cape Wilderness Estate reducing potential land use conflicts.
ASSESSMENT Council will be advised to refuse Scheme Amendment 27 in its current form. However, Council Officers support the land based component of the scheme amendment as a strategic industrial area for the following reasons:
potential benefits development could provide including economic and local employment, diversification of economy, year round customers for the tourist industry and the reasons given by the Minister to proceed with the Scheme Amendment; A need has been identified for the use of the site to service the oil and gas industry and fishing operations in this location which could bring significant economic benefits to the local community; Given the current use of the land as a ‘brownfields’ site in a special use zone, the proposed amendment is not considered to constitute ad hoc ‘spot rezoning’; The EPA assessment identified potential environmental impacts of the land uses can be managed with management plans; and The uses proposed by the scheme amendment are covered in the current Scheme under section 5.8 Industrial zone. It will be good planning to completely delete the lots from the special use section of the Scheme and include the lots under section 5.82.
The Impact of the Proposal on the Marine Environment The EPA only provided an assessment for the environmental impacts of additional uses within the scheme amendment area (Lots 1,101, 112 and 200 Minilya-Exmouth Road, Learmonth). The scheme amendment identifies a potential marine component with blocking of beach access to the public. The environmental impacts of any future marine component within the scheme amendment area are unknown. It is recommended that a full environmental assessment of the marine component be undertaken prior to giving any approval for any development having an impact on the Exmouth Gulf. Potential environmental impacts on the marine environment were also identified in the consultation process as a major concern by local residents.
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Road Safety Issues Main Roads have provided comment stating the applicant will need to provide major road upgrades to accommodate increased traffic, the number of road trains and access to and from the site. No approval for access is likely to be given to the northern portion of Lot 220.
Negative Visual Impacts Visual impacts can be determined at a development application stage. The proposed indicative development includes low density development having minimal visual impact.
Industrial Sprawl Along the Gulf The community raised concerns regarding industrial sprawl along the Exmouth Gulf. However the site is currently zoned for fish processing, fish shop, café, Caravan Park, residential and aquaculture. The Exmouth South Structure Plan has also identified the subject site as having potential for marine based industry. Other areas such as the Exmouth Boat Harbour were identified in the Structure Plan as having significant constraints and does not warrant further investigation.
Residential Development in an Industrial Area and Health Risks The EPA assessment identified potential environmental impacts of the land uses can be managed with management plans and the application is likely to generate noise, dust and odour emissions that may have unacceptable impacts on sensitive land uses. Workforce accommodation units (a sensitive land use) should be situated so they will not be exposed to unacceptable emissions. Workers accommodation located within close proximity to heavy industrial activity will not be supported and the applicant must acknowledge that workers may be exposed to emissions.
The Development of a Separate Community The scheme amendment in its current form does not restrict the amount of transient workforce accommodation or residential development. The scheme amendment in its current form should not be supported in order to prevent development of a separate community. Further provisions need to be included relating to transient workers accommodation and residential development as part of the proposal.
Impacts on the Learmonth Solar Observatory Learmonth Solar Observatory have provided comments that a marine supply base within the vicinity of the Observatory will have a significant impact on radio frequencies, however the subject site has always been zoned for industrial purposes for fish processing, fish, café, caravan park, residential and aquaculture. It is recommended the Department of Defence be consulted on the effect of this application on their defence operations and capabilities.
Flooding Impacts The impacts of flooding in the area are unknown. Main Roads have provided comment stating additional access to the south of Lot 112 will not be supported given its proximity to the creek and floodway.
The Location of the Fuel Tanks The location of the fuel tanks in the scheme amendment will be determined at a development application stage. The plans shown are indicative only.
The Use of Crown Land for a Use which was Not Permitted on Lot 112 The re-zoning of Lot 112 has not been approved by the owner of the land being the State of Western Australia. The land is currently leased by the applicant for specified permitted purposes which do not include Residential nor the use of the land for a shore base for the oil and gas industry. It is recommended that approval of the Scheme Amendment in its current form is not permitted. The Amendment should be modified to not include Lot 112 until approval has been given by the Department of Regional Development and Lands.
Established Vegetation on Parts of the Vacant Land DEC has provided an assessment of the land based component of the proposed scheme amendment stating it can be managed by management orders.
Environmental Impacts of Existing and Future Sewerage, Power Requirements, Handling and Disposal of Used Oils and Fuels, Hazardous Material.
70 Shire of Exmouth-Minutes- 21 March 2013
DEC has provided an assessment of the land based component of the proposal which states it can be managed by management orders.
Disability Access and Disaster Preparedness Disability access and disaster preparedness can be further discussed in the preparation of management plans at a development application stage
STATUTORY ENVIRONMENT Shire of Exmouth Town Planning Scheme No.3 Planning and Development Act 2005
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth.
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.2: Our pristine natural environment and biodiversity will be understood, maintained and protected. Outcome 2.4: To be a leader in eco-friendly initiatives and innovations.
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities. Outcome 3.3: An inclusive, responsible and cohesive community.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.6.2
That the Council of the Shire of Exmouth;
1. Refuse Scheme Amendment 27 in its current form for the following reasons; a. The reasons set out in the community opposition to the Scheme Amendment; b. Approval has not been given by the owner of Lot 112 the State of Western Australia (Department of Regional Development and Lands) for the rezoning of the land; c. The proposal does not restrict the development of residential and transient workforce accommodation in the proposed scheme area; and d. The environmental impacts of the proposed marine component have not been assessed by the Environmental Protection Authority and are the main concern amongst local residents.
2. Adopt Scheme Amendment 27 with modifications; a. Modify clause 5.8.2 to include Lots 220, 101 and 1.
71 Shire of Exmouth-Minutes- 21 March 2013
b. Modify schedule 3 (Special Use Zone – SU1) by deleting special uses: fish processing, fish shop, café, caravan park, residential, and aquaculture and inserting: ‘Strategic Industrial with a portion of Lot 1 being used for transient workforce accommodation’; c. Remove any mention of the word Marine and Residential from the scheme amendment; and d. Insert Transient workforce accommodation definition.
COUNCIL MOTION– 14-0313 - 10.6.2
Moved Councillor Fitzgerald, Seconded Councillor Winzer. That the Council of the Shire of Exmouth;
1. Refuse Scheme Amendment 27 in its current form for the following reasons; a. The reasons set out in the community opposition to the Scheme Amendment; b. Approval has not been given by the owner of Lot 112 the State of Western Australia (Department of Regional Development and Lands) for the rezoning of the land; c. The proposal does not restrict the development of residential and transient workforce accommodation in the proposed scheme area; and d. The environmental impacts of the proposed marine component have not been assessed by the Environmental Protection Authority and are the main concern amongst local residents.
2. Adopt Scheme Amendment 27 with modifications; a. Modify clause 5.8.2 to include Lots 220, 101 and 1. b. Modify schedule 3 (Special Use Zone – SU1) by deleting special uses: fish processing, fish shop, café, caravan park, residential, and aquaculture and inserting: ‘Strategic Industrial with a portion of Lot 1 being used for transient workforce accommodation’; c. Remove any mention of the word Marine and Residential from the scheme amendment; and d. Insert Transient workforce accommodation definition.
AMENDMENT – 15-0313 - 10.6.2
Moved Councillor Shales, Seconded Councillor Fitzgerald. That the Council of the Shire of Exmouth;
1. Refuse Scheme Amendment 27 in its current form for the following reasons; a. The reasons set out in the community opposition to the Scheme Amendment; b. Approval has not been given by the owner of Lot 112 the State of Western Australia (Department of Regional Development and Lands) for the rezoning of the land; c. The proposal does not restrict the development of residential and transient workforce accommodation in the proposed scheme area; and d. The environmental impacts of the proposed marine component have not been assessed by the Environmental Protection Authority and are the main concern amongst local residents.
2. Adopt Scheme Amendment 27 with modifications; a. Modify clause 5.8.2 to include Lots 220, 101 and 1. b. Modify schedule 3 (Special Use Zone – SU1) by deleting special uses: fish processing, fish shop, café, caravan park, residential, and aquaculture and inserting: ‘Strategic Industrial with a portion of Lot 1 being used for transient workforce accommodation’; c. Remove any mention of the word Marine and Residential from the scheme amendment; and d. Support no more than 12 (specialist) transient workers accommodation. e. Transient Workers Accommodation definition in the Scheme Amendment to be amended to state: Transient Workforce Accommodation: is a building or group of buildings used for accommodation of on-site workers comprising bedrooms, dining, kitchen, ablutions, appropriate amenity and associated parking.
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Advice i. Please be advised that any marine component for the purposes of a marine supply base requires separate approval from relevant authorities. ii. A separate planning application to the Shire is required for the supported land uses in accordance with the Shire of Exmouth Town Planning Scheme Number 3;
CARRIED 5/1 Councillor Thompson voted against. The Amendment became the Substantive Motion and was put.
COUNCIL DECISION – 16-0313 - 10.6.2
Moved Councillor Fitzgerald, Seconded Councillor Winzer. That the Council of the Shire of Exmouth;
1. Refuse Scheme Amendment 27 in its current form for the following reasons; a. The reasons set out in the community opposition to the Scheme Amendment; b. Approval has not been given by the owner of Lot 112 the State of Western Australia (Department of Regional Development and Lands) for the rezoning of the land; c. The proposal does not restrict the development of residential and transient workforce accommodation in the proposed scheme area; and d. The environmental impacts of the proposed marine component have not been assessed by the Environmental Protection Authority and are the main concern amongst local residents.
2. Adopt Scheme Amendment 27 with modifications; a. Modify clause 5.8.2 to include Lots 220, 101 and 1. b. Modify schedule 3 (Special Use Zone – SU1) by deleting special uses: fish processing, fish shop, café, caravan park, residential, and aquaculture and inserting: ‘Strategic Industrial with a portion of Lot 1 being used for transient workforce accommodation’; c. Remove any mention of the word Marine and Residential from the scheme amendment; and d. Support no more than 12 (specialist) transient workers accommodation. e. Transient Workers Accommodation definition in the Scheme Amendment to be amended to state: Transient Workforce Accommodation: is a building or group of buildings used for accommodation of on-site workers comprising bedrooms, dining, kitchen, ablutions, appropriate amenity and associated parking.
Advice i. Please be advised that any marine component for the purposes of a marine supply base requires separate approval from relevant authorities.
ii. A separate planning application to the Shire is required for the supported land uses in accordance with the Shire of Exmouth Town Planning Scheme Number 3;
CARRIED 5/1 Councillor Thompson voted against.
73 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.6 Executive Manager Town Planning
10.6.3 Hoarding Sign Upon Lot 1112 Nimitz Street, Exmouth
Location: Lot 1112 Nimitz Street, Exmouth Applicant: Three Islands Whale Shark Dive File Reference: A225 V2 Disclosure of Interest: Nil Date: 25 February 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends that the Council of the Shire of Exmouth grant conditional planning approval for an off building, hoarding sign upon Lot 1112 Nimitz Street, Exmouth.
BACKGROUND Three Islands Whale Shark Dive shop is part of the Exmouth Ningaloo Caravan and Holiday Resort and fronts Murat Road with parking provided in front. The shop has no street signage to attract visitors. Current on-building signs are difficult to see unless close to the building. Three Islands Whale Shark Dive submitted a Planning Application on 12 February 2013 for the development of a hoarding sign on the boundary of Lot 1112 Nimitz Street in front of the parking area.
PROPOSAL One (1) Hoarding sign; 2400mm width x 1200mm height; Built to Shire specifications; Permanent fixture; and Located in front of existing Three Islands Whale Shark Dive shop, in front of the car parking area on the lot boundary. 74 Shire of Exmouth-Minutes- 21 March 2013
COMMENT The application can be assessed using the Shire of Exmouth Town Planning Scheme Number 3 and the Shire’s Signage Policy.
Town Planning Scheme Number 3 Council shall examine each application in the light of the objectives of the Scheme and with particular reference to the character and amenity of locality within which it is to be displayed, including its historic or landscape significance and traffic safety, and the amenity of adjacent areas which may be affected.
Tourist zone objectives To provide for a wide range of tourist facilities and holiday accommodation. To protect and wherever possible enhance the special characteristics which attract tourists to the district. To ensure the town of Exmouth remains the principal place in the district for tourist services and facilities, including holiday accommodation. To facilitate access, especially within the town, for buses and caravans including provision of suitably located stopping places To ensure the Council’s facilities for tourists, and related services offered by the Council, are maintained at a high standard.
The application for a hoarding sign is considered to generally comply with the requirements of the Town Planning Scheme. It will attract tourists to the district.
Signage Policy 6.9 Council’s main concerns in regard to advertising signage relate to:
Policy Provisions Officer Comment Visual impact on surrounding land and buildings. Minimal surrounded by high vegetation and only 1.2m high. Visual impact on streetscape. Minimal as setback approximately 10m from the road and surrounded by high vegetation.
Visual impact on the overall locality. Located approximately 10m away from other existing hoarding signs. Minimal visual impact.
The structural integrity and safety aspects of a To be determined at building permit stage. sign for cyclonic events.
When considering proposals for new advertising signage Council will have regard to:
Policy Provisions Officer Comment Whether a new sign is compatible with any Not compatible existing signs on the site.
Whether a new sign complements or detracts The proposed sign complements the surrounding from the dominant character of the surrounding landscape. landscape.
Whether a new sign complements or detracts The proposed sign complements the existing building. from the architectural style and character of the building, site or area.
Whether a new sign compromises surrounding The proposed sign does not compromise surrounding land uses due to its size, design, location or the land uses as it is an appropriate scale and design to use of illumination or devices such as flashing or complement existing developments. moving elements.
Whether a new sign may be hazardous to Setback approximately 10m from the road, behind 75 Shire of Exmouth-Minutes- 21 March 2013
vehicular or pedestrian traffic. trees, not near a footpath. Therefore non-hazardous to vehicular and pedestrian traffic.
Whether a new sign added to an existing Only one sign proposed not to be added to existing directional sign or structure would prejudice signs or structures. readability due to excessive signs at one location.
Whether a new sign on or attached to a heritage Only one sign proposed not to be added to an existing building is discreet and complements the building heritage building. and area.
Whether rationalisation or reduction in the Rationalisation may be appropriate as there is another number of existing signs is appropriate and dive shop and a restaurant located in close proximity. achievable.
An off-building hoarding sign in the Tourist zone is listed as an ‘X’ use in Council’s Signage Policy meaning it is not permitted.
Hoarding signs This is an advertising sign, which is fixed to a structure and which has one or more supports. The overall height is less than the signs width. Requirements for hoarding signs:
Policy Requirements Officer comment Part of the sign must be greater than 1.2m above Non-Compliant. 1.2m above ground level. ground level.
A hoarding sign shall have a maximum area of The proposed hoarding sign has an area of 2.88m2, 10m2 and be limited to a maximum of one sign however there are two (2) existing hoarding signs per street frontage lot. within a close distance of the proposed one. Although Lot 1112 already has two existing hoarding signs, the hoarding sign for Three Island Whale Shark Dive should be considered in relation to dive shop only. The two existing hoarding signs are advertising Pinocchio’s’ restaurant. Three Islands Whale Shark Dive do not have any other hoarding signs, therefore it should be considered compliant.
A hoarding sign shall not be Less than 1.2m or The proposed hoarding sign will be a maximum of greater than 2.5m from ground level 1.2m from ground level. Compliant.
A hoarding sign shall not be erected in the area The sign is proposed on the lot boundary. between any building and the front boundary of a lot.
Hoarding signs shall be subject of a Building An advice note has been included. Licence with appropriate structural engineering details.
Clause 9.6.6 of the TPS3 states: ‘A policy shall not bind the Council in respect of any application for planning approval but the Council shall have due regard to the provisions of the Policy and the objectives which the Policy is designated to achieve before making its decision.
Council Officers are of the opinion that the subject proposal is considered not to have a detrimental effect on the amenity of the area and Murat Road in particular. The proposed sign will have a minor effect on Murat Road. Officer recommends approval of a Hoarding sign upon Lot 1112.
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ISSUES Although the hoarding sign is not permitted in accordance with Council’s signage policy, policy shall not bind the Council in making a determination. The hoarding is considered to have minimal visual impact and meets the objectives of Tourist zone, therefore officer recommends approval.
CONSULTATION Nil
STATUTORY ENVIRONMENT Planning and Development Act 2005 Town Planning Scheme No. 3
POLICY IMPLICATIONS Policy 6.9 Signage
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.6.3
That the Council of the Shire of Exmouth approve Planning Application 19/13 for a hoarding sign upon Lot 1112 Nimitz Street for Three Islands Whale Shark Dive, Exmouth subject to the following conditions:
1. The development being carried out generally in accordance with the Shire of Exmouth Town Planning Scheme No. 3 and the approved plans (PA19/13);
2. The sign shall be securely fixed to the structure by which it is supported to the satisfaction of Council and shall be maintained in a safe condition;
3. Any substantial variation from the approved plans contained herein requires a separate planning approval. Should your plans for a building licence differ from these plans, a building licence may not be issued until such time as fresh planning approval is granted;and
4. The approval granted is valid up to two (2) years from the date of this approval. Should the use approved not substantially commence within this time, the approval will lapse.
Advice i. Prior to any construction, the applicant being required to obtain a building permit approval from the Shire of Exmouth.
ii. The approval granted is not to be construed as approval granted under the Building Act 2011, Building Regulations 2012 or any other relevant statutory approval. iii. An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the 77 Shire of Exmouth-Minutes- 21 March 2013
Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
COUNCIL DECISION – 17-0313 – 10.6.3
Moved Councillor Fitzgerald, Seconded Councillor Hood. That the Council of the Shire of Exmouth approve Planning Application 19/13 for a hoarding sign upon Lot 1112 Nimitz Street for Three Islands Whale Shark Dive, Exmouth subject to the following conditions:
1. The development being carried out generally in accordance with the Shire of Exmouth Town Planning Scheme No. 3 and the approved plans (PA19/13);
2. The sign shall be securely fixed to the structure by which it is supported to the satisfaction of Council and shall be maintained in a safe condition;
3. Any substantial variation from the approved plans contained herein requires a separate planning approval. Should your plans for a building licence differ from these plans, a building licence may not be issued until such time as fresh planning approval is granted;and
4. The approval granted is valid up to two (2) years from the date of this approval. Should the use approved not substantially commence within this time, the approval will lapse.
Advice i. Prior to any construction, the applicant being required to obtain a building permit approval from the Shire of Exmouth.
ii. The approval granted is not to be construed as approval granted under the Building Act 2011, Building Regulations 2012 or any other relevant statutory approval. iii. An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
CARRIED 6/0
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10. REPORTS OF OFFICERS
10.6 Executive Manager Town Planning
10.6.4 Tender Adoption – Local Planning Strategy and Local Planning Scheme (Tender: 03/2013)
Location: Exmouth Applicant: Rhassel Mhasho File Reference: TT.DE.2, CM.TE.032013 Disclosure of Interest: Nil Date: 5 March 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends Council award tender 03/2013 Preparation of the Local Planning Strategy and Local Planning Scheme to Taylor Burrell Barnett for the sum indicated in the Confidential Evaluation Report and authorise the Chief Executive Officer to make minor changes to the scope of works as deemed appropriate.
BACKGROUND The Shire of Exmouth Strategic Plan 2007-2012 has flagged the preparation of a new Scheme and Strategy as a flagship project for Council. For reasons relating to limited Shire resources and high staff changeover the Strategy and Scheme were never initiated.
The provision of funding provided by Royalties for Regions through the Northern Planning Program has assisted in building the capacity of regional towns to deliver key strategic planning strategies to guide development in local government areas and reduce ‘ad-hoc’ planning.
It is envisaged that the project will set out the long-term planning directions for Exmouth, applying State and regional planning policies, and provide the rationale for zones and other provisions of the Local Planning Scheme. It will set out the direction for economically, socially and environmentally sustainable development based on a comprehensive analysis of State, Regional and Local Planning issues and objectives. It will also attract investors and provide certainty of the project approval process thereby reducing delays and project uncertainties.
COMMENT The Shire called for tenders for the preparation of the strategy and scheme on Saturday 9th February 2013. Tender was advertised in the West Australian on Saturday 9th February 2013 and closed at 2pm on 8 March 2013 and ten (10) tenders were received.
The tendered parties include: 1. Dowling Giudici & Associates 2. Taylor Burrell Barnett 3. Urbis 4. Greg Row & Associates 5. GHD 6. RPS 7. Land Insights 8. Harley Global 9. Town Planning Management (TME) 10. Hassell
The tenders were assessed by the evaluation panel made up of the Executive Manager Town Planning and Chief Executive Officer. All tenders were assessed against the compliance criteria and then ranked according
79 Shire of Exmouth-Minutes- 21 March 2013
to an assessment of how each tender addressed the qualitative criteria. The panel then adopted a best value for money approach.
The evaluation report provides details of the tender process and evaluation of the tenders (refer Confidential Attachment 2).
In view of the tight timeframe for the project and the need to award a contract as soon as possible, the recommendation includes provision for the Chief Executive Officer to make minor changes to the scope of works when clarifying any aspect of the tender with the chosen tenderer, so that any such minor matters do not have to brought back for Council resolution.
CONSULTATION Nil
STATUTORY ENVIRONMENT Local Government Act 1995 Local Government (Functions and General) Regulations 1996
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth.
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.2: Our pristine natural environment and biodiversity will be understood, maintained and protected.
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities.. Outcome 3.4: A community that is well informed and educated about our natural, cultural and built environment.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Absolute Majority
OFFICER’S RECOMMENDATION – 10.6.4
That the Council of the Shire of Exmouth:
1. Accepts the tender from Taylor Burrell Barnett received in response to “Request for Tender No 03/2013 – Local Planning Strategy and Local Planning Scheme” for the sum indicated in the Confidential Evaluation Report and authorizes the Chief Executive Officer to make minor changes to the scope of works during the course of the project as he deems appropriate subject changes being within the project budget.
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COUNCIL DECISION – 18-0313 – 10.6.4
Moved Councillor Winzer, Seconded Councillor Fitzgerald. That the Council of the Shire of Exmouth:
1. Accepts the tender from Taylor Burrell Barnett received in response to “Request for Tender No 03/2013 – Local Planning Strategy and Local Planning Scheme” for the sum indicated in the Confidential Evaluation Report and authorizes the Chief Executive Officer to make minor changes to the scope of works during the course of the project as he deems appropriate subject changes being within the project budget.
CARRIED by ABSOLUTE MAJORITY 6/0
81 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.6 Executive Manager Town Planning
10.6.5 Oversized Outbuilding Prior to a Dwelling
Location: Lot 1216 (3) Skipjack Circle, Exmouth Applicant: Mark Binstead File Reference: A1109 Disclosure of Interest: Nil Date: 27 February 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends that the Council of Shire of Exmouth grant conditional planning approval for an Oversized Outbuilding upon Lot 1216 (3) Skipjack Circle, Exmouth prior to the development of a dwelling.
BACKGROUND This application proposes the development of an Outbuilding prior to the development of a dwelling. An application for planning approval was made on 22 February 2013.
PROPOSAL Outbuilding 10m x 7.5m = 75m2; Side setback 1.27m min, 1.93m average; Rear Setback 8m; Wall height 3m; 82 Shire of Exmouth-Minutes- 21 March 2013
Max pitched roof height 4m; and 15 degree pitched roof
COMMENT The proposal can be assessed against the Shire of Exmouth Town Planning Scheme No. 3 (Scheme) and Council's Oversized Outbuilding Policy.
Town Planning Scheme No. 3 (Scheme) The subject land is zoned Residential under the Scheme. The objectives of the Residential zone are: To provide for the predominant form of residential development to be single houses whilst providing for diversity with some higher density close to the town centre; To provide for diversity of lifestyle choice with a range of residential densities; To achieve a high standard of residential development having regard to the economic importance of tourism to the town; and To allow for the establishment of non-residential uses which are compatible with the predominant residential use and which will not adversely affect local amenities.
Generally the application complies with the objectives of the Shire’s Town Planning Scheme.
Local Planning Policy 6.6 - Outbuildings Council’s Local Planning Policy 6.6 - Outbuildings (Policy) defines an ‘outbuilding’ as:
“An enclosed non-habitable structure that is ancillary to and detached from a dwelling, used for domestic purposes associated with the enjoyment of that dwelling, and may include the garaging of motor vehicles.”
In addition, an ‘oversized outbuilding’ is defined under the Policy as:
“An outbuilding that exceeds 60m² in area and/or has a wall height exceeding 2.4m and/or a ridge height that exceeds 4.2m.”
As an outbuilding is ancillary to a dwelling, the approval of an outbuilding on land prior to the construction of a dwelling shall only be permitted if one of the following has been achieved:
Policy Provision Officer Comment Council has granted special approval for the outbuilding Report presented to Council for decision. to be erected prior to the development of a dwelling.
The applicant has a current building licence through a The applicant does not have a current registered builder for the dwelling prior to or with the building licence for a dwelling. building licence for the outbuilding.
In the case of an owner builder, the applicant has a current The applicant does not have a current building licence for the dwelling and provides a Statutory building licence for a dwelling. Declaration with the building licence application for the outbuilding providing a commitment to construct a residence within 6 months of completion of the outbuilding (the residence and outbuilding applications can be submitted together, accompanied by the Statutory Declaration).
Further to the above the approval of an outbuilding prior to a residence (in a residential area) will be subject to the applicant constructing suitable fencing of the side and rear property boundaries to provide sufficient screening to reduce the visual impact of the structure from neighbouring properties.
83 Shire of Exmouth-Minutes- 21 March 2013
As seen in the image above Lot 1216 Skipjack Circle has suitable side fencing but no fencing at the rear. Suitable fencing will need to be provided at the rear of the Lot 1216 Skipjack Circle prior to the development of the Outbuilding in accordance with Council’s Outbuilding policy.
The applicant will need to pay for half of the fencing to be constructed, with the other half being paid by the relevant adjoining neighbours in accordance with the provisions of the Dividing Fences Act 1961.
Policy Provisions Provided Officer Comment Setbacks: Compliant - 6m front 19.95m front - 0.9m reduced side setback 1.93m average side setback, minimum in accordance with of 1.27m outbuilding policy, subject to consultation.
Outbuilding is not located within 19.95m front setback Complies the front setback.
Open space to be minimum of 50% 92% Complies of the lot.
Outbuilding not to exceed 90m2. 75m2 Complies
Maximum wall height of 3.6m and 3m wall height Complies maximum gable roof height of 4m ridge height 4.5m.
84 Shire of Exmouth-Minutes- 21 March 2013
ISSUES Boundary Fencing The subject lot only has side fencing to provide screening. In accordance with Council’s Outbuilding Policy the applicant is required to construct suitable side and rear fencing to provide sufficient screening to reduce the visual impact of the structure from neighbouring properties paying half the costs involved. The relevant adjoining owners will need to agree to pay the other half in accordance with the provisions of the Dividing Fences Act 1961. A condition has been included requiring the applicant to provide adequate fencing on all lot boundaries.
Height The increase in height is considered negligible and does not conflict with the intent of the provision which is to not detract from the streetscape or the visual amenity of residents or neighbouring properties.
It is considered that the variation can be approved as no objections have been received from adjoining residents during the consultation period and for the reasons mentioned above.
It is considered that the oversized outbuilding is consistent with the orderly and proper planning of the locality and does not have any adverse effects upon the locality. It is recommended that the proposed outbuilding be approved.
Colour Pallet The applicant has not provided details regarding colour’s to be used with the outbuilding. A condition shall be applied to ensure consistency with council colour pallet.
Stormwater Details regarding drainage and stormwater have not been provided. This has been conditioned.
CONSULTATION In accordance with the provisions of the Residential Design Codes the application was notified to adjoining property owners with a period of 14 days to provide comment.
Adjoining property owners were invited to comment on the proposal, with the consultation period closing Wednesday 13 March 2013. A list of notified properties is tabled below:
Property Response Officers comments Lot 1215 Skipjack Circle (A1108) Nil The proposed variations to the Residential Design codes are Lot 104 Snapper Loop (A1620) Do not object considered compatible within the residential precinct. Lot 104 Snapper Loop (The Resident) Nil
Lot 103 Snapper Loop (A1619) Nil
Lot 103 Snapper Loop (The Resident) Nil
Lot 102 Snapper Loop (A1618) Do not object
Lot 102 Snapper Loop (The Resident) Nil
Lot 1217 Skipjack Circle (A1110) Nil
STATUTORY ENVIRONMENT Shire of Exmouth Town Planning Scheme No.3 Planning and Development Act 2005
POLICY IMPLICATIONS Policy 6.6 Outbuildings
85 Shire of Exmouth-Minutes- 21 March 2013
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth..
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.6.5
That the Council of the Shire of Exmouth grant conditional planning approval for the oversized outbuilding upon Lot 1216 (3) Skipjack Circle, Exmouth subject to the following conditions:-
1. The development being carried out generally in accordance with the Shire of Exmouth Town Planning Scheme No. 3 and the amended approved plans (PA27/13) to the satisfaction of Council Officers;
2. A 1.8m high non-visually permeable fencing shall be constructed on all lot boundaries prior to the development of the proposed Oversized Outbuilding in accordance with Councils Oversized Outbuilding Policy 6.6, Councils Local Law relating to Fencing and the Dividing Fences Act 1961, subject to approval by Council;
3. The external cladding of the outbuilding to be consistent with the Council Policy 6.2 - Colour Palette for Developments;
4. A maximum wall height of 3m;and a maximum ridge height of 4m;
5. The outbuilding shall not be used for habitable purposes;
6. Storm water being managed on site and/or discharged into the Shire’s road drainage system, in accordance with Council Policy, the Building Code of Australia and to satisfaction of Council Officers;
7. Concrete footings on the boundaries shall not encroach beyond the limits of the site;
8. Any substantial variation from the approved plans contained herein requires a separate planning approval. Should your plans for a building licence differ from these plans, a building licence may not be issued until such time as fresh planning approval is granted; and
9. The approval granted is valid up to two (2) years of the date of this approval. Should the use approved not substantially commence within this time, the approval will lapse.
Advice i. Prior to any construction, the applicant being required to obtain a building permit approval from the Shire of Exmouth.
ii. The approval granted is not to be construed as approval granted under The Building Act 2011, Building Regulations 2012 or any other relevant statutory approval.
iii. An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to 86 Shire of Exmouth-Minutes- 21 March 2013
the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
COUNCIL DECISION – 19-0313 – 10.6.5
Moved Councillor Fitzgerald, Seconded Councillor Hood. That the Council of the Shire of Exmouth grant conditional planning approval for the oversized outbuilding upon Lot 1216 (3) Skipjack Circle, Exmouth subject to the following conditions:-
1. The development being carried out generally in accordance with the Shire of Exmouth Town Planning Scheme No. 3 and the amended approved plans (PA27/13) to the satisfaction of Council Officers;
2. A 1.8m high non-visually permeable fencing shall be constructed on all lot boundaries prior to the development of the proposed Oversized Outbuilding in accordance with Councils Oversized Outbuilding Policy 6.6, Councils Local Law relating to Fencing and the Dividing Fences Act 1961, subject to approval by Council;
3. The external cladding of the outbuilding to be consistent with the Council Policy 6.2 - Colour Palette for Developments;
4. A maximum wall height of 3m;and a maximum ridge height of 4m;
5. The outbuilding shall not be used for habitable purposes;
6. Storm water being managed on site and/or discharged into the Shire’s road drainage system, in accordance with Council Policy, the Building Code of Australia and to satisfaction of Council Officers;
7. Concrete footings on the boundaries shall not encroach beyond the limits of the site;
8. Any substantial variation from the approved plans contained herein requires a separate planning approval. Should your plans for a building licence differ from these plans, a building licence may not be issued until such time as fresh planning approval is granted; and
9. The approval granted is valid up to two (2) years of the date of this approval. Should the use approved not substantially commence within this time, the approval will lapse.
Advice i. Prior to any construction, the applicant being required to obtain a building permit approval from the Shire of Exmouth.
ii. The approval granted is not to be construed as approval granted under The Building Act 2011, Building Regulations 2012 or any other relevant statutory approval.
iii. An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
CARRIED 6/0
87 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.6 Executive Manager Town Planning
10.6.6 Holiday Accommodation, Commercial Kitchen and Check in Office Upon Lyndon Location 166, Bullara Station Exmouth
Location: Lyndon Location 166, Bullara Station, Exmouth Applicant: Bullara Estates Pty Ltd File Reference: A514 Disclosure of Interest: Nil Date: 11 March 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends that the Council of the Shire of Exmouth: 1. Grant conditional planning approval for a commercial kitchen and check in office upon Lyndon Location 166; and 2. Grant conditional retrospective planning approval for the use of the Cottage for holiday accommodation.
BACKGROUND An on-site meeting was held on the 6 December 2012 with the lessee of Pastoral Lease 3114/623, Bullara Station, Timothy Richard Shallcross, the Shire’s Environmental Health Officer and the Shire’s Planning Officer to discuss what was required in regard to obtaining the appropriate approvals for existing and proposed developments upon the subject land. The outcome resulted in this application.
A review of the file has indicated that the lessee only has planning approval for an observation deck which was given at the October 2007 OCM. Condition 1 of the planning approval states: ‘The proponent shall provide recent (ie 2007) written agreement to the proposal or the planning application form signed by the land owner, obtain formal approval for the observation deck from the EPA and retrospective approval for the ‘Holiday Accommodation’ from the Shire of Exmouth and prior to the issue of a building licence.’
The file does not reveal that the Shire has given planning approval for holiday accommodation (pursuant to the TPS and the Health Act 1911) or the caravan and camping ground upon the pastoral lease property.
Low Key Tourism Diversification Permit The subject land has a low key Tourism Diversification Permit granted by the Department of Regional Development and Lands, Pastoral Lands Board in January 2003. The permit has 12 conditions and permits low key tourist activities within the existing homestead catering for 6 to 8 tourists and the shearers shed and quarters being used for school camps for up to 30 children and adults.
Condition 2 of the permit states “No facilities associated with the permit activity shall be constructed without the prior approval of the Pastoral Lands Board Western Australia” and
Condition 10 of the permit states “The permit holder must comply with the requirements of the Local Authority and the lessee shall perform, discharge and execute all requisitions and works on the permit area required by any local or public authority operating under any statute, by-law or regulation.”
88 Shire of Exmouth-Minutes- 21 March 2013
The subject location is approximately 3.5km east off Minilya-Exmouth Road off Burkett Road in Lyndon Location 166, Pastoral Lease 3114/623, Bullara Station, Exmouth.
PROPOSAL Retrospective Planning Approval for: Use of Cottage for Holiday Accommodation o Accommodates 6 adults o Three (3) bedrooms o 7m x 13.5m = 94.5m2 o Kitchen/Living area 5.4m x 7m = 37.8m2 o 1 bathroom o 1 toilet o Fire extinguishers provided o Parking under verandah on north side of cottage
Planning Approval for: Commercial Kitchen o Internal cool room o Island bench with stainless steel top and caster wheels o Store room o Laundry o Leach drain o Grease trap Check in Office o 3.3m x 4.6m =15.18m2 o Flat roof 2.3m high
89 Shire of Exmouth-Minutes- 21 March 2013
COMMENT Use of the existing Cottage for Holiday Accommodation The Cottage is currently advertised on the Bullara Station website for holiday accommodation as a three (3) bedroom home that can sleep up to six (6) people.
Town Planning Scheme Number 3 Council’s Town Planning Scheme classifies holiday accommodation as an ‘AA’ use in Pastoral zones meaning that the use is not permitted unless Council has granted planning approval.
Objectives of the Pastoral zone: a. To support the continuation of the pastoral industry in the district b. To protect the pastoral industry from land use conflicts by location of high intensity uses c. To allow for diversification of uses as may be endorsed by the Pastoral Lands board
Policy 6.27 Holiday Accommodation Local Planning Policy No. 6.27: Holiday Accommodation (Policy 6.27) outlines the permissibility and development requirements for holiday accommodation. Furthermore, applications for Lodging Houses should accord with this policy as appropriate, however, shall specifically accord with the requirements of the Town Planning Scheme, Health Local Laws and the separate Planning Policies that apply.
Policy 6.27 objectives sought to: Support a diverse accommodation base within the Shire; Provide an effective management framework and guide for the provision of holiday accommodation (other than within the Tourist zone) within the Shire; Ensure that a holiday accommodation establishment is maintained to a satisfactory standard and that its use is lawfully conducted; Ensure that all holiday accommodation accords with Town Planning Scheme No. 3 by undertaking community consultation with adjoining property owners and a formal decision being made by the Council where required; Ensure holiday accommodation does not compromise the amenity of the residential neighbourhood through appropriate planning approval conditions;and Ensure that holiday accommodation establishments comply with the Building Code of Australia and Regulations and Health Act 1911. Generally the use of the Cottage for holiday accommodation conforms with the provisions of the Scheme and the objectives of Policy 6.27. Amenity Tenant Code of Conduct and management statement framework clearly outlines: minimal noise after 10pm, pets are permitted but must be kept on a leash and not go inside the cottage, cyclone information, parking and occupancy requirements, rubbish collection and contacts. While sufficient, a condition shall be applied to ensure the use can be rescinded if, in the opinion of Council, any activities associated with the use affects amenity (enjoyment) or causes nuisance or annoyance to owners/occupiers of land in the vicinity. Number of Occupants The number of allowable occupants is restricted by the ventilation requirements under the Health Act 1911, which defines the following: a. For every person over the age of 10 years, there is to be a minimum of 14 cubic metres of air space per person; and b. For every person between the ages of 1 & 10 years, there is to be a minimum of 8 cubic metres of air space per person.
Officers have calculated the permissible number of occupants per bedroom of the submitted floor layout as follows (Schedule 1). 90 Shire of Exmouth-Minutes- 21 March 2013
Schedule 1: Allowable Occupants: Capprock Cottage, Lyndon Location 166, Bullara Station, Exmouth
2 3 Bedroom 1: Total floor space: 10.92m , Approximate Air Space: 29.48m Allowable occupants: 2 adults OR 1 adult and 1 child OR 3 children
2 3 Bedroom 2: Total floor space: 7.8m , Approximate Air Space: 21.06m Allowable occupants: 1 adult OR 2 children
Bedroom 3: Total floor space: 7.8m2, Approximate Air Space: 21.06m3 Allowable occupants: 1 adult OR 2 children
*Note: All persons over the age of 10 years require a minimum of 14 cubic metres of air space per person. Children aged up to 10 years require a minimum of 8 cubic metres of air space each. As such, the term ‘adult’ has been used for persons over the age of 10 years.
**The air space is calculated with a 2.7m ceiling height.
Occupancy Levels The Shire’s Holiday Accommodation Policy (6.27) allows up to 12 persons to be considered in a holiday home, which complies with the ventilation/overcrowding requirements of the Health Act 1911. Alternative combinations of adults and children can be accommodated as per Schedule 1 above.
In consideration of the above Schedule, the maximum number of overnight occupants is six (6) persons, with no more than four (4) people over the age of 10.
Further, the maximum occupancy for each room shall be in accordance with the Shire of Exmouth Health Local Laws and Council Policy.
Number of Vehicles The holiday accommodation policy permits a maximum of three (3) and two (2) boat (including trailers) on site. Tenant code of conduct states maximum of three (3) vehicles and two (2) trailers. The number of vehicles and trailers (including boats on trailers) shall be restricted to three (3) and two (2) respectively.
Access Access is provided from two (2) dirt tracks off Burkett Road.
Management Statement and Code of Conduct The applicant has submitted a copy of the Tenant Code of Conduct and Fire Evacuation Plan. The documentation is considered sufficient to achieve the desired management framework. A condition shall be applied to ensure the occupancy numbers are written clearly to reflect the relevant Scheme provisions and approval by Council.
Consultation Undertaken The use of the cottage for holiday accommodation was not referred to adjoining landowners as there is no residential development within 10km of the cottage.
Council officers recommend Council grant retrospective planning approval for the use of the cottage for holiday accommodation subject to conditions.
Proposed Commercial Kitchen and Check-in Office The applicant is proposing to develop the existing kitchen into a commercial kitchen and build a check in office. The Check in office has a stove stone and brick façade. It is connected to the existing kitchen block, has a flat pitched roof and a roof height of 2.2m. The kitchen block has a roof height of 3.2m.
Commercial kitchen and check in office are uses not listed in the Town Planning Scheme Number 3.
91 Shire of Exmouth-Minutes- 21 March 2013
Officer recommends conditional planning approval for the commercial kitchen and check in office as they are ancillary developments to the existing tourist use and proposed building heights are consistent with existing developments.
ISSUES Expiration of Pastoral Lease and Low Key Tourism Permit All Pastoral Leases in Western Australia will expire on 30 June 2015, and most will be renewed for the same term, in accordance with the provisions of the Land Administration Act 1997.
The low key tourism permit for Bullara Station will also expire on 30 June 2015. Following discussions with the lessee it is intended that the land will continue to be used for Tourism purposes.
It is recommend all future development within the lease area is forwarded to the Department of Regional Development and Lands for considering the continuation of pastoral lease and ensuring that the tourist use is incidental to the predominant Pastoral use.
Native Title It is unknown whether the land is affected by Native Title Rights and Interests. A footnote has been included which requires the proponent to liaise with the Department of Indigenous Affairs and the Department of Regional Development and Lands (Native Title).
CONSULTATION Department of Regional Development and Lands (DRDL) – Pastoral Lands Board
DRDL have no objection to any of the developments included within this application. The catering and tourism activities are covered by the permit issued by the Pastoral Lands Board so the permit itself acts as implicit approval. The Pastoral Lands Board are aware of all structures and accommodation associated with the land use, and any refurbishment (provided an entirely new structure is not erected) is allowed under the permit. Referral to the Pastoral Lands Board is unnecessary.
Shire of Exmouth Environmental Health Officer
STATUTORY ENVIRONMENT Shire of Exmouth Town Planning Scheme Number 3 Land Administration Act 1997 Planning and Development Act 2005
POLICY IMPLICATIONS Holiday Accommodation Policy 6.12
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth.
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
92 Shire of Exmouth-Minutes- 21 March 2013
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.6.6
That the Council of the Shire of Exmouth:
1. Grant planning approval for the commercial kitchen and check in office in accordance with the Shire of Exmouth Town Planning Scheme Number 3, Department of Regional Development and Lands Low Key Tourism Permit and Planning Application (PA4/13); 2. Grant retrospective planning approval for the use of the cottage for holiday accommodation in accordance with the Shire of Exmouth Town Planning Scheme Number 3, Planning Application (PA4/13), Department of Regional Development and Lands Low Key Tourism Permit and Local Planning Policy No. 6.27: Holiday Accommodation (as amended); 3. The maximum number of overnight occupants allowed within the cottage at the same time shall be six (6) persons. This includes no more than four (4) persons over the age of ten at any one time. Furthermore, the maximum occupancy for each room shall be in accordance with the Shire of Exmouth Health Local Laws and Council Policy; 4. The maximum number of vehicles and trailers (including boats on trailers or camper trailers) that can be accommodated with the use of the cottage for holiday accommodation shall be three (3) and two (2) respectively; 5. The Tenants Code of Conduct shall be clearly displayed in the Cottage premises in accordance with Council Policy; 6. An emergency response plan (i.e. fire escape route maps etc) is required to be clearly displayed in a conspicuous location within the cottage, plus: a fire extinguisher, in a clearly visible location (and marked on the emergency response plan), is to be maintained in proper working order; 7. The cottage is to be managed by a local caretaker/manager living and readily contactable within ten (10) minutes of the property, when the cottage is being used by guests; 8. If in the opinion of Council the approved use adversely affects the local amenity including the enjoyment of neighboring properties, or causes a nuisance to owners/occupiers of the land in the vicinity, or to persons or traffic using roads in the vicinity of the approved use, Council may vary or rescind its approval in accordance with Council Policy; 9. The cottage not being used for the use hereby granted until an inspection has been carried out by a Council officer and that officer is satisfied that the conditions of this approval hereby granted have been complied with; 10. The applicant shall submit a Potable Water Management Plan to the satisfaction of Council Officers; 11. The applicant shall submit a Waste Management Plan to the satisfaction of Council Officers; 12. The applicant is to submit a Notification of Food Business form to the Council’s Environmental Health Department; 13. The commercial kitchen shall not be used for the preparation of food for sale to patrons until such use has been approved by Council Officers; 14. Any substantial variation from the approved plans contained herein requires a separate planning approval. Should your plans for a building licence differ from these plans, a building licence may not be issued until such time as new planning approval is granted; and 15. The approval granted is valid up to two (2) years of the date of the approval hereby granted. Should the development of the commercial kitchen and check in office not substantially commence within this time, the approval will lapse.
93 Shire of Exmouth-Minutes- 21 March 2013
Advice i). Prior to any construction, the applicant being required to obtain a building permit approval from the Shire of Exmouth. ii). The approval granted is not to be construed as approval granted under the Building Act 2011, Building Regulations 2012 or any other relevant statutory approval. iii). In regards to Condition (3) above, the number of persons per room shall accord with the following: For every person over the age of 10 years, there is to be a minimum of 14 cubic metres of air space per person; and For every person between the ages of 1 & 10 years, there is to be a minimum of 8 cubic metres of air space per person. Below is a Schedule of permitted number of occupants per room which identifies alternative combinations of guests – not to exceed a total of six (6) persons. This includes no more than four (4) persons over the age of 10 at any one time. This Schedule shall be appropriately displayed in the cottage.
Schedule 1: Allowable Occupants: Capprock Cottage, Lyndon Location 166, Bullara Station, Exmouth
Bedroom 1: Total floor space: 10.92m2, Approximate Air Space: 29.48m3 Allowable occupants: 2 adults OR 1 adult and 1 child OR 3 children
Bedroom 2: Total floor space: 7.8m2, Approximate Air Space: 21.06m3 Allowable occupants: 1 adult OR 2 children
Bedroom 3: Total floor space: 7.8m2, Approximate Air Space: 21.06m3 Allowable occupants: 1 adult OR 2 children
*Note: All persons over the age of 10 years require a minimum of 14 cubic metres of air space per person. Children aged up to 10 years require a minimum of 8 cubic metres of air space each.
As such, the term ‘adult’ has been used for persons over the age of 10 years.
**The air space is calculated with a 2.7m ceiling height.
iv). Any future development is to be forwarded to the Department of Regional Development and Lands Pastoral Lands Board in accordance with the Low Key Tourism Permit;
v). Separate approval is required by the Shire’s Environmental Health Officer regarding the Commercial Kitchen. For further Information, please contact the Shire of Exmouth’s Health Services on 9949 3000.
vi). In relation to the preparation of a Waste Management Plan, the applicant shall address Policy P.24 and Guideline G.13 of the Ningaloo Coast Regional Strategy Carnarvon to Exmouth (Aug 2004). vii). An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
COUNCIL DECISION – 20-0313 – 10.6.6
Moved Councillor Fitzgerald, Seconded Councillor Hood. That the Council of the Shire of Exmouth:
1. Grant planning approval for the commercial kitchen and check in office in accordance with the Shire of Exmouth Town Planning Scheme Number 3, Department of Regional Development and Lands Low Key Tourism Permit and Planning Application (PA4/13);
94 Shire of Exmouth-Minutes- 21 March 2013
2. Grant retrospective planning approval for the use of the cottage for holiday accommodation in accordance with the Shire of Exmouth Town Planning Scheme Number 3, Planning Application (PA4/13), Department of Regional Development and Lands Low Key Tourism Permit and Local Planning Policy No. 6.27: Holiday Accommodation (as amended); 3. The maximum number of overnight occupants allowed within the cottage at the same time shall be six (6) persons. This includes no more than four (4) persons over the age of ten at any one time. Furthermore, the maximum occupancy for each room shall be in accordance with the Shire of Exmouth Health Local Laws and Council Policy; 4. The maximum number of vehicles and trailers (including boats on trailers or camper trailers) that can be accommodated with the use of the cottage for holiday accommodation shall be three (3) and two (2) respectively; 5. The Tenants Code of Conduct shall be clearly displayed in the Cottage premises in accordance with Council Policy; 6. An emergency response plan (i.e. fire escape route maps etc) is required to be clearly displayed in a conspicuous location within the cottage, plus: a fire extinguisher, in a clearly visible location (and marked on the emergency response plan), is to be maintained in proper working order; 7. The cottage is to be managed by a local caretaker/manager living and readily contactable within ten (10) minutes of the property, when the cottage is being used by guests; 8. If in the opinion of Council the approved use adversely affects the local amenity including the enjoyment of neighboring properties, or causes a nuisance to owners/occupiers of the land in the vicinity, or to persons or traffic using roads in the vicinity of the approved use, Council may vary or rescind its approval in accordance with Council Policy; 9. The cottage not being used for the use hereby granted until an inspection has been carried out by a Council officer and that officer is satisfied that the conditions of this approval hereby granted have been complied with; 10. The applicant shall submit a Potable Water Management Plan to the satisfaction of Council Officers; 11. The applicant shall submit a Waste Management Plan to the satisfaction of Council Officers; 12. The applicant is to submit a Notification of Food Business form to the Council’s Environmental Health Department; 13. The commercial kitchen shall not be used for the preparation of food for sale to patrons until such use has been approved by Council Officers; 14. Any substantial variation from the approved plans contained herein requires a separate planning approval. Should your plans for a building licence differ from these plans, a building licence may not be issued until such time as new planning approval is granted; and 15. The approval granted is valid up to two (2) years of the date of the approval hereby granted. Should the development of the commercial kitchen and check in office not substantially commence within this time, the approval will lapse.
Advice i). Prior to any construction, the applicant being required to obtain a building permit approval from the Shire of Exmouth. ii). The approval granted is not to be construed as approval granted under the Building Act 2011, Building Regulations 2012 or any other relevant statutory approval. iii). In regards to Condition (3) above, the number of persons per room shall accord with the following: For every person over the age of 10 years, there is to be a minimum of 14 cubic metres of air space per person; and For every person between the ages of 1 & 10 years, there is to be a minimum of 8 cubic metres of air space per person. 95 Shire of Exmouth-Minutes- 21 March 2013
Below is a Schedule of permitted number of occupants per room which identifies alternative combinations of guests – not to exceed a total of six (6) persons. This includes no more than four (4) persons over the age of 10 at any one time. This Schedule shall be appropriately displayed in the cottage.
Schedule 1: Allowable Occupants: Capprock Cottage, Lyndon Location 166, Bullara Station, Exmouth
2 3 Bedroom 1: Total floor space: 10.92m , Approximate Air Space: 29.48m Allowable occupants: 2 adults OR 1 adult and 1 child OR 3 children
Bedroom 2: Total floor space: 7.8m2, Approximate Air Space: 21.06m3 Allowable occupants: 1 adult OR 2 children
Bedroom 3: Total floor space: 7.8m2, Approximate Air Space: 21.06m3 Allowable occupants: 1 adult OR 2 children
*Note: All persons over the age of 10 years require a minimum of 14 cubic metres of air space per person. Children aged up to 10 years require a minimum of 8 cubic metres of air space each.
As such, the term ‘adult’ has been used for persons over the age of 10 years.
**The air space is calculated with a 2.7m ceiling height.
iv). Any future development is to be forwarded to the Department of Regional Development and Lands Pastoral Lands Board in accordance with the Low Key Tourism Permit;
v). Separate approval is required by the Shire’s Environmental Health Officer regarding the Commercial Kitchen. For further Information, please contact the Shire of Exmouth’s Health Services on 9949 3000.
vi). In relation to the preparation of a Waste Management Plan, the applicant shall address Policy P.24 and Guideline G.13 of the Ningaloo Coast Regional Strategy Carnarvon to Exmouth (Aug 2004). vii). An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
CARRIED 6/0
96 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.6 Executive Manager Town Planning
10.6.7 Section 40 Permit: Liquor With or Without a Meal and Two (2) Extended Trading Permits (Restaurant)
Location: Lot 900 (27) Murat Road, Exmouth Applicant: Anne McCarrol File Reference: Lot 900 Disclosure of Interest: Nil Date: 13 March 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends that the Council of the Shire of Exmouth issue a certificate under section 40 of the Liquor Control Act 1988 for a Restaurant: liquor with or without a meal and two (2) extended trading permits.
BACKGROUND The subject land is zoned Tourist and has short stay holiday accommodation. The land is owned in freehold by Westprime Investments Pty Ltd.
This application seeks a local planning authority certificate under Section 40 of the Liquor Control Act for a permit: liquor with or without a meal and two (2) extended trading permits.
The subject property had previous planning approval for a liquor licence on 26 November 2009 but has since expired so planning approval is sought again.
Lot 27 Murat Road, Exmouth
97 Shire of Exmouth-Minutes- 21 March 2013
PROPOSAL No changes to the existing building; Trading hours 7am to Midnight, seven days a week; Approval to sell liquor on Good Friday, Christmas Day and Anzac Day; Liquor to be sold with or without meals; and Two (2) extended trading hours permits for the ability to sell at any time liquor to a lodger under section 50 (2) and to sell liquor whether or not ancillary to a meal during hours which are permitted under a hotel licence.
COMMENT The Shire’s Town Planning Scheme outlines the permissible uses and development requirements upon the subject lot. The application for the restaurant licence under section 50 of the Liquor Control Act is considered to comply with the requirements set by the Department of Racing, Gaming and Liquor regarding restaurant licensing. Other conditions set out by the Department are: The premises must have a kitchen included for preparing food; It must have sufficient toilet facilities for patrons and staff; A dining area must always be set with tables and chairs for dining; and The applicant will be required to demonstrate that the application is in the public interest, having regard to the likely health and social impacts on the community and sub-groups within the community.
Previous plans were approved and supported. The applicant is not proposing any modification to the building, therefore the application is considered compliant.
Car Parking This was dealt with in the previous planning approval when the restaurant/cafe was being built.
Amenity The location of the restaurant is unlikely to cause any noise issues however a condition is proposed so that the anticipated noise levels will need to comply with the Environmental Protection (Noise) Regulations 1997 (as amended).
The Department can cancel the permit immediately if the licensee is found in breach of any of the conditions or the permit is determined no longer in the best interests of the public.
Other The licensee is advised that care must be taken when advertising the business. The sale of liquor should not be advertised as an attraction to the premises. A footnote is suggested to advise the applicant. Considering the above issues, the permit can be approved on the basis: The proposed restaurant is considered to be a use not permitted unless Council has granted approval; Based on the requirement on the premises set by the Department of Racing, Gaming and Liquor, the premises achieve the requirements; and The permit does not adversely affect the local amenity.
It is considered that the proposal is consistent with the local planning scheme and that the application can be recommended for conditional planning approval.
CONSULTATION Nil
STATUTORY ENVIRONMENT Planning and Development Act 2005 Shire of Exmouth Town Planning Scheme No. 3 Liquor Licensing Act 1988
POLICY IMPLICATIONS Nil
98 Shire of Exmouth-Minutes- 21 March 2013
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth.
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.2: Our pristine natural environment and biodiversity will be understood, maintained and protected.
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.3: An inclusive, responsible and cohesive community. Outcome 3.4: A community that is well informed and educated about our natural, cultural and built environment.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.6.7
That the Council of the Shire of Exmouth grant conditional planning approval for a Section 40 – Certificate of Local Planning Authority upon Lot 900 (27) Murat Road, Exmouth for a Restaurant Licence and two (2) extended trading permits under section 60 (4)(c) and 60 (4)(ca) of the Liquor Control Act 1988 subject to the following conditions:
1. The use of the premises for the sale and consumption of liquor may occur with or without a meal provided it is limited to the internal floor area of the restaurant except on Anzac Day when the sale, supply and consumption of liquor cannot occur between 3am and midday, subject to compliance with conditions imposed by the Department of Racing, Gaming and Liquor; 2. A designated manager must be in charge of the premises at all times when the premises are open for business; 3. Liquor shall not be used as an attraction to the premises; 4. The dining area must always be set up with tables and chairs for dining; 5. The maximum noise levels emitted from the premises shall not exceed levels specified in the Environmental Protection (Noise) Regulations 1997 (as amended); and 6. The approval granted is valid for a period of two (2) years from the date of this approval. Should the use approved not substantially commence within this time, the approval will lapse.
Advice i). The applicant is advised that when advertising the business liquor should not be used as an attraction to the premises. ii). Prior to the operation of the permit, the applicant is required to obtain Health approval from the Shire of Exmouth and the permit licence from the Department of Racing, Gaming and Liquor. iii). If the applicant is found in breach of the licence conditions of their permit, or if it is determined that the permit is no longer in the best interest of the public, the permit can be cancelled immediately.
99 Shire of Exmouth-Minutes- 21 March 2013
iv). The approval granted is not to be construed as approval granted under The Building Act 2011, Building Regulations 2012 or any other relevant statutory approval. v). An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
COUNCIL DECISION – 21-0313 – 10.6.7
Moved Councillor Winzer, Seconded Councillor Warren. That the Council of the Shire of Exmouth grant conditional planning approval for a Section 40 – Certificate of Local Planning Authority upon Lot 900 (27) Murat Road, Exmouth for a Restaurant Licence and two (2) extended trading permits under section 60 (4)(c) and 60 (4)(ca) of the Liquor Control Act 1988 subject to the following conditions:
1. The use of the premises for the sale and consumption of liquor may occur with or without a meal provided it is limited to the internal floor area of the restaurant except on Anzac Day when the sale, supply and consumption of liquor cannot occur between 3am and midday, subject to compliance with conditions imposed by the Department of Racing, Gaming and Liquor; 2. A designated manager must be in charge of the premises at all times when the premises are open for business; 3. Liquor shall not be used as an attraction to the premises; 4. The dining area must always be set up with tables and chairs for dining; 5. The maximum noise levels emitted from the premises shall not exceed levels specified in the Environmental Protection (Noise) Regulations 1997 (as amended); and 6. The approval granted is valid for a period of two (2) years from the date of this approval. Should the use approved not substantially commence within this time, the approval will lapse.
Advice i). The applicant is advised that when advertising the business liquor should not be used as an attraction to the premises. ii). Prior to the operation of the permit, the applicant is required to obtain Health approval from the Shire of Exmouth and the permit licence from the Department of Racing, Gaming and Liquor. iii). If the applicant is found in breach of the licence conditions of their permit, or if it is determined that the permit is no longer in the best interest of the public, the permit can be cancelled immediately. iv). The approval granted is not to be construed as approval granted under The Building Act 2011, Building Regulations 2012 or any other relevant statutory approval. v). An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
CARRIED 6/0
100 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.6 Executive Manager Town Planning
10.6.8 Proposed Disposal of Portions of Section 20A Reserve 47803 (Lot 1477) Madaffari Drive, Exmouth Marina
Location: Reserve 47803 (Lot 1477), Exmouth Marina Applicant: Nil File Reference: R47803 Disclosure of Interest: Nil Date: 12 March 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends that the Council of the Shire of Exmouth request the Department of Regional Development and Lands (State Land Services) instigate the process for the disposal of portions of Section 20A Reserve 47803 (Lot 1477) Madaffari Drive in the Exmouth Marina Precinct C.
BACKGROUND Reserve 47803 is set aside for the purpose of Public Recreation and Drainage was ceded to the crown free of cost by the developer in accordance with the provisions of the Planning and Development Act 2005 as part of the sub divisional process. Reserve 47803 has a designated land use of Public Recreation and Drainage with a management order to the Shire of Exmouth. The reserve has a small playground with no landscaping or lighting.
Council Officers have identified portions of Reserve 47803 being surplus to its requirements. The surplus portions of the reserve identified include the areas between the canals and existing residential lots. This land has no landscaping or development.
The owners of Lot 16 have submitted a request for the future purchase of the area (open space) on the canal side of their property. They feel that it detracts from the look of their property. They would like to have the property more visually appealing form the waterside. During wind and bad weather the empty land creates a lot of dust and problems residents.
101 Shire of Exmouth-Minutes- 21 March 2013
PROPOSAL Request the Department of Regional Development and Lands (State Land Services) instigate the process for the disposal of portions of Reserve 47803 (Lot 1477) Madaffari Drive in the Exmouth Marina Precinct C.
It is envisioned that the land be sold freehold to adjoining land owners and proceeds from the sale of the land will be used to develop and landscape surrounding public open spaces.
COMMENT In accordance with West Australian Planning Commission a reduction in Public Open Space can be considered when the proceeds from the sale are allocated to improve capital infrastructure in surrounding Public Open Space, or given back to the Crown. It is intended that proceeds from the sale of the portions of Reserve 47803 will be used to develop and landscape surrounding public open spaces within the marina.
Council’s in north Western Australia require a lower percentage of Public Open Space with the trade-off being that they are more developed for active recreation with the provision of lighting. In the hot climate of northern areas recreational activities are occurring more often in the cool of the night under lights. With its hot dry climate Exmouth is one such location where recreational activities should be favoured for night time use. In addition the general lack of water also puts pressure on Council’s in the upkeep of parks. It is preferred for a lessor area of public open space being given to reduce Councils on-going maintenance costs.
Shire of Exmouth Town Planning Scheme Number 3 Reserve 47803 is currently zoned ‘Marina’ in accordance with the Shire of Exmouth Town Planning Scheme Number 3. The objectives of the Marina are: 1. To provide for residential, tourist, commercial, and marine industrial development with waterfront access adjacent to the Exmouth small boat harbour; 2. To integrate with other land uses, particularly tourist and town centre related, to benefit the whole community; 3. To complement and not complete with the town centre for civic, cultural, and commercial uses; 4. To provide for marine research educational facilities to an appropriate scale and character; 5. To provide for visitors and pedestrian movements; 6. To create an attractive and viable project; 7. Promote and safeguard health, safety, convenience, environmental quality and the general welfare and amenity of the locality; 102 Shire of Exmouth-Minutes- 21 March 2013
8. To encourage a high standard of development within the zone; and 9. To promote a high standard of maintenance of artificial waterways and other waterways through cooperation with the Waterways Manager and the Department of Planning and Infrastructure.
A reduction in Public Open Space in the Exmouth Marina Precinct C is considered to comply with the above objectives. There will be a benefit to the community as surrounding open spaces will be developed and landscaped to a high standard. Using the revenue from the sale of the portion of the reserve will help to make existing Public Open Spaces in the Marina more attractive.
WAPC Policy DC 2.3 Public Open Space in Residential Areas Policy Objectives To ensure that all residential development in the State is complemented by adequate, well-located areas of public open space that will enhance the amenity of the development and provide for the recreational needs of local residents. In appropriate cases, to facilitate the provision of land for community facilities – such as community centres, branch libraries and day care centres – in conjunction with land ceded for public open space. To protect and conserve the margins of wetlands, water courses and the foreshores adjacent to residential development.
The sale of portions of Reserve 47803 will meet the policy objectives as proceeds from sale will enhance surrounding Public Open Space, and the foreshore of the canal will remain protected.
CONSULTATION Nil
STATUTORY ENVIRONMENT Shire of Exmouth Town Planning Scheme No.3 Planning and Development Act 2005 Land Administration Act 1997
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS The creation of trust fund account for proceeds of sale from portions of Reserve 47803 to be utilised only for the development and maintenance of existing public open spaces in the Exmouth Marina.
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth.
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.2: Our pristine natural environment and biodiversity will be understood, maintained and protected.
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities.. Outcome 3.4: A community that is well informed and educated about our natural, cultural and built environment.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
103 Shire of Exmouth-Minutes- 21 March 2013
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.6.8
That the Council of the Shire of Exmouth request the Department of Regional Development and Lands (State Land Services) begin the process for the disposal of portions of Section 20A Reserve 47803 (Lot 1477) Madaffari Drive in the Exmouth Marina Precinct C.
COUNCIL DECISION – 22-0313 – 10.6.8
Moved Councillor Warren, Seconded Councillor Hood. That the Council of the Shire of Exmouth request the Department of Regional Development and Lands (State Land Services) begin the process for the disposal of portions of Section 20A Reserve 47803 (Lot 1477) Madaffari Drive in the Exmouth Marina Precinct C.
CARRIED 6/0
104 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.7 Executive Manager Engineering Services
10.7.1 General Report
Location: Exmouth Applicant: Keith Woodward File Reference: GV.ME.0 Disclosure of Interest: Nil Date: 21 March 2013 Author: Executive Manager Engineering Services, Keith Woodward Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY The following report contains a brief summary of significant activities, events and issues that were raised during the last month.
BACKGROUND
Tender to Construct the Stage 2 LIA Floodway/Reid Street and the Mortis Street Levee
Engineering Services are in the progress of project planning and formulating tenders to expend $3.5 million from the Royalties for Regions Gascoyne Revitalization Funds on the Exmouth Flood Mitigation Works incorporating Stage 2– Reid Street; Light Industrial Area Creek; and Stage 1 Mortis Street Flood Mitigation Works. These projects have been recognized as a flagship project within the Gascoyne Regional Development Plan 2010 – 2020.
The Stage 1 Reid Street, Light Industrial Area Creek civil levee and culvert works were finished in August 2012. The Stage 2 works planned will include the reconstruction and realignment of Reid Street; the Light Industrial Area Creek levee interconnected into the new profile of Reid Street; and rock armory including guide posts and signage. Stage 2 works completed this project.
The Stage 1 Mortis Street project proposed includes the Western levee upgrade and extension as specified in:
Government of Western Australia Department of Water report Market Street Levee, Exmouth–Flood Mitigation Works Detailed Design Report 14 December 2010.
Market Street Levee-Flood Mitigation Works Civil Works Technical Specifications report 17 November 2011.
Project Objective The Exmouth Townsite and North West Cape is subject to cyclones, causing strong winds and storms resulting in inundation of the coastal zone. Flooding of the coastal plain also occurs as a result of the combination of rain, high tides and low lying landform. Flooding associated with run-off from the Cape Range and storm/cyclone events is of particular concern, with the Exmouth Townsite having experienced two recent flood events. These events included severe Tropical Cyclone Vance in March 1999 and a significant winter rain event that occurred in June 2002 causing damage to property, roads and the boat harbour. The Shire of Exmouth in conjunction with the Department of Water completed the “Exmouth Floodplain Management Study” December 2007. The study proposed a floodplain development strategy for the Shire and assessed possible flood mitigation works. The study recommended both structural and non-structural flood mitigation measures, based on detailed hydrologic and hydraulic modeling and has been endorsed by the Shire and the Department of Water. These works have been recommended to minimize the impact of flooding on the town including the Light Industrial Area (LIA); Exmouth Marina Precinct, existing 105 Shire of Exmouth-Minutes- 21 March 2013
residences and businesses; and to assist with maintaining access between properties south of the LIA creek and town. The need for flood mitigation has also been identified to establish clear parameters for future development on land affected by the floodway/flood fringe. During a flood event, the breakout of floodwater from the LIA floodway substantially impacts the Exmouth community and ultimately the State Government. The works identified within this stage of the flood mitigation works would alleviate the affect should a 1:100 year flood event occur. A 1:100 year flood in most situations is associated with a cyclone however can occur independently of cyclones in Exmouth. Subsequent to the“Exmouth Floodplain Management Study” December 2007 additional flood planning was undertaken by the government of Western Australia Department of Water associated and the Market Street area. The Exmouth Flood Mitigation Works Detailed Design Report 14 December 2010 and the Market Street Levee-Flood Mitigation Works Civil Works Technical Specifications report 17 November 2011 were formulated.
The implementation of these flood mitigation plans and measures will allow for compatible planning and use of the land on and surrounding the floodplains as a resource for future use and protect infrastructure to alleviate the financial and social impacts to the community, business and government in a flood event. This project will allow for the future sustainability and strategic growth of Exmouth.
Main Roads Western Australia Program Roads 2030 for the Development of Roads
Program Overview The Roads 2020 Regional Road Development Strategies, released during 1997 and 1998, were an initiative of the 1992 Memorandum of Understanding between the State Government and the Western Australian Local Government Association, then known as the Western Australian Municipal Association. Local Government roads in the Strategies were designated ‘Significant Roads’.
The Memorandum of Understanding requires that the road development strategies be reviewed at five yearly intervals to assess the effects of changing circumstances.
The following road Service Level description provides standard terminology classifying the development level allocated to the Shire’s priority roads which are historically Murat Road, Yardie Creek Road and Ningaloo Access Road.
Service Levels Type 1 – Unformed Road (Cleared-flat bladed. Minimum construction. Formation consists of adjacent material) This type is the first stage development of the road when the alignment is cleared of all vegetation with the running surface constructed from materials in-situ. This type of road allows for light traffic. With minimal drainage provision, the road is prone to closure during periods of heavy rainfall.
Type 2 – Formed Road (Formed (raised) and drained road without imported material or a constructed pavement) To avoid possible further relocation of the road and the resultant impact on the landscape environment, Type 2 earthworks are constructed using local road-making material and improved drainage control.
Type 3 – Gravel Road (Road construction from imported material of adequate thickness, shaped and drained) When maintenance costs increase to unacceptable levels or when economic or social benefits are evident, a Type 2 road can be improved by sheeting the surface with suitable gravel material to become a Type 3 road.
Type 4 – Sealed Road (6m Seal Width) (Sealed with no kerbing) Sealing is carried out to improve road-user comfort and safety when the road is experiencing higher traffic volumes or when significant numbers of heavy vehicles are required to use a Type 3 road. A Type 3 road is upgraded to Type 4 by building up the residual gravel pavement to full thickness. This is then compacted and sealed.
106 Shire of Exmouth-Minutes- 21 March 2013
Type 5 – Sealed Road (7m Seal Width) This is further development of the Type 4 road with extra seal width being provided to cater for higher traffic volumes and a high proportion of heavy vehicles.
Type 6 – Sealed Road (8 - 9m Seal Width) This stage represents further development of a Type 4 or Type 5 road with additional seal width being provided as traffic volumes increase to improve safety; reduce maintenance costs; provide space for a stationary vehicle to stand clear of traffic lanes; and to assist cyclists.
Type 7 – Sealed Road with Overtaking Lane An additional lane is provided on two-laned sealed roads when the traffic volume; proportion of heavy vehicles; and overtaking opportunities on adjoining sections of road cause traffic bunching to occur.
Type 8 – Dual Carriageway An additional carriageway is provided to improve safety and increase the capacity on high volume roads.
ROADS 2030–Road Justification and Development Strategy Submission/Assessment Form (Attachment to be tabled) Local Government Authority Name & No: Shire of Exmouth LGA No: …806……………
Road Description and Location Road / Route Name: Murat Road
Road Name Road Start SLK Finish Length Is this road Number (standard SLK (km) currently in the length Roads 2025 kilometre) document Murat Road (Local Road Regional 8060066 00 16.45 16.45 Yes Distributor) Murat Road (Rural Local Road Local 8060066 16.45 21.00 4.55 Yes Distributer)
Road Hierarchy Category: Regional Distributer 0.00 to 16.45 Local Distributer 16.45 to 21.00 NAV Network Number: PERMIT NETWORK 4 ROAD TABLE ADDENDUM FROM 26/05/2010 Murat Road is included in the RAV Network system (conditional).
Comment: Murat Road is the only entrance road into the Exmouth town site. The road was originally designed and constructed in 1966. Murat Road is defined as a Regional Distributor which services a significant tourist destination and the Exmouth community. Murat Road links the town site with the Naval Communication Base ‘Harold E Holt’. The road extends north to Yardie Creek Road in close proximity to the coastline providing visitor access to the Ningaloo shore and reef and Cape Range National Park which is encapsulated within the Ningaloo Coast World Heritage Area. The Road Hierarchy Category should change SLK 16.45-21.00 to a regional distributer.
Economic Social/Wellbeing: With Exmouth being claimed as the “Northern Gateway” to the Ningaloo Reef; development increasing in the town site; an increased usage of the World Heritage coastline between Exmouth and Carnarvon, it is critical that an appropriate entrance road into Exmouth is appropriately designed improving vehicle and pedestrian safety.
One of the main benefits to be derived from the reconstruction of Murat Road relates to the significant indirect economic benefit opportunity associated with the project. It is envisaged that Exmouth’s new and improved infrastructure associated with air, sea and road transport, land development, building construction, tourism facilities and World Heritage recognition will inevitably attract increased investment from both existing and prospective owners.
Traffic Count Data: From MR Minilya Exmouth Road.
107 Shire of Exmouth-Minutes- 21 March 2013
Road Development Need: Increased traffic to the Exmouth region is placing high demands on the existing road which was designed in 1966. The road is under engineered and design does not meet current standards. It is expected that traffic volumes will increase on Murat Road as the Shire of Exmouth continues to develop.
Development Strategy: The redesign/construct will focus on upgrading the existing Type 4 Road to a Type 5 Road building up the residual gravel pavement to full thickness, increase width, compacted, sealed, street lighting and landscaping.
Outcomes: The benefits of this proposal are asset preservation, pedestrian and traffic safety taking into account increases in development and tourism.
Road Development Strategy: Murat Road will be constructed SLK 0.00 to 3.20 Type 5 Road. Murat Road SLK 3.20 to 5.40 Type 5 with street lighting. Funding: Roads Projects Grants, State Black Spot and the Shire of Exmouth.
ROADS 2030–Road Justification and Development Strategy Submission/Assessment Form Local Government Authority Name & No: Shire of Exmouth LGA No: …806……………
Road Description and Location Road / Route Name: Yardie Creek Road
Road Name Road Start SLK Finish Length Is this road Number SLK (km) currently in the Roads 2025 document Yardie Creek Road 8060038 00 76.00 76.00 Yes
Road Hierarchy Category: Local Distributer 0.00 to 76.00 NAV Network Number: PERMIT NETWORK 4 ROAD TABLE ADDENDUM FROM 26/05/2010 Yardie Creek Road is included in the RAV Network system (conditional).
Comment: Yardie Creek Road (YCR) provides sealed access to the Ningaloo Coast World Heritage Area, Ningaloo beaches, Ningaloo Reef and Cape Range National Park. Subject to Environmental conditions and Military training access south over Yardie Creek via YCR to Coral Bay though DEC, Shire, Defence and Station lands is achievable by 4x4 wd.
Economic Social/Wellbeing: With Exmouth being claimed as the “Northern Gateway” to the Ningaloo Reef; development increasing in the Townsite; increased usage of the World Heritage coastline in between Exmouth, Coral Bay and Carnarvon, it is appropriate that access is maintained. World Heritage recognition will inevitably attract increased tourism and investment from both existing and prospective owners.
Traffic Count Data: Not Available
Road Development Need: Increased traffic to the Exmouth region is placing high demands on the existing road which is under engineered and design does not meet current standards. It is expected that traffic volumes will increase on Yardie Creek Road as the Shire of Exmouth continues to develop.
Development Strategy: The redesign will focus on upgrading the existing Type 3 Road to a Type 5 Road building up the residual gravel pavement to full thickness, increase width, compact and sealed.
Outcomes: The benefits of this proposal are asset preservation, traffic safety taking into account increases in development and tourism.
108 Shire of Exmouth-Minutes- 21 March 2013
Road Development Strategy: Yardie Creek Road will be constructed SLK 0.00 to 76.00 Type 5 Road. Funding: Roads Projects Grants, future State Black Spot and the Shire of Exmouth.
An evaluation examining the maintenance cycles, quantities and cost associated with maintaining the full length of YCR (76Km) was completed in August 2008. This process included the formulation of the 20 year maintenance program for YCR. The schedule below provides an overview summary of the maintenance program. The works associated with this program have been estimated to cost $615,160 annually. This cost includes the purchase and cartage of gravels from the Exmouth town site, the supply and application of gravel/ bitumen and the road crew works.
Item Cycle or Extent Annual Costs Reseal 11 years 7km/year 392,000 Edge Repair 5km/year 25,000 Shoulder grading 35 km/year 25,000 Shoulder re-gravelling including the 10 to 15 years depending on location at 10 135,800 purchase/cart cost of gravel km/year Vegetation Control Double current program in areas of high growth 27,360 Batter/drainage Maintenance As with vegetation control 10,000 Total 615,160
The Shire currently spends approximately $100,000 annually maintaining YCR. The road deficit costs compound annually. The funding shortfall for YCR means the Shire cannot adequately manage the risk or liability unless there are substantial increases in funding. The Shire can expect YCR to degrade substantially in the future resulting in an increased liability.
The condition assessment of YCR has shown the road to be in reasonable condition in many aspects, but slowly deteriorating causing maintenance requirements to increase. The maintenance problems are typical of a relatively young sealed road that has reached an age where seal width and condition are slowly being degraded.
The road surface in multiple areas is showing signs of seal failure. The assessment of the current seal condition did indicate that there were numerous sections where the seal binder was near the end of its service life.
The wear along the edges of the bitumen seal is extensive except for the recently widened section over the first 4 Km of YCR. Most of YCR does not have an adequate seal width for caravans and boat trailers. Observations showed that most vehicles when passing another vehicle would drive with vehicle wheels on the edge of the seal. As a result the bitumen seal width is continually eroding resulting in edge drop and rutting.
The current annual shoulder maintenance program is not adequate to maintain the road shoulders. Part of the problem with the current program is the lack of proper re-gravelling of the shoulders due to the high cost of gravel. Onsite in situ gravel material has been used on the road shoulders. This material has deteriorated with repetitive grading and is no longer able to provide a tight well bound layer. The road construction gravels in proximity to Yardie Creek Road are low quality and would be described as calcareous material including shelly sands, coral gravel limestone and sand.
The cost of maintaining Yardie Creek Road would be reduced by sourcing gravel close to road repairs which for the southern part of the road would necessitate sourcing gravel from the Cape Range National Park.
To summarise the potential impact of maintenance and operations funds remaining at the current level over the next 20 years in terms of the road condition is given in Table 6.
Table 6 Component Impact after 20 years Seal Seal over 48 km lost or dangerously potholed/damaged Seal edge 15 km of seal edge (both sides) dangerously defective Shoulder/Batter 40 km of shoulder/Batter severely defective Drainage/Vegetation 20 km verge site distance dangerously inadequate In addition to these impacts on road conditions, there will be impacts on driver safety and road user costs.
109 Shire of Exmouth-Minutes- 21 March 2013
ROADS 2030–Road Justification and Development Strategy Submission/Assessment Form Local Government Authority Name & No: Shire of Exmouth LGA No: …806……………
Road Description and Location Road / Route Name: Ningaloo Road
Road Name Road Start SLK Finish Length Is this road Number SLK (km) currently in the Roads 2025 document Ningaloo Road 8060083 0.00 29.33 29.33 Yes
Road Hierarchy Category: Local Distributer 0.00 to 29.33 NAV Network Number: Ningaloo Road is not included in the RAV Network system.
Comment: The road provides visitor access to the Ningaloo shore and reef which is encapsulated within the Ningaloo Coast World Heritage Area. The road provides access to the Ningaloo Station Homestead which has become a popular destination for tourists.
Economic Social/Wellbeing: Please refer to attached correspondence from: Gascoyne Development Commission 21 December 2012 Bullara Station 16 December 2012 Department of Environment and Conservation 13 December 2012 Ningaloo Station 30 December 2012 Main Roads 22 January 2013 Main Roads 22 January 2013
Traffic Count Data: From MR Minilya Exmouth Road.
Road Development Need: Provide details of the road’s future use Road Development need: The development strategy is to maintain/construct Ningaloo Road to a Type 2 formed road. This standard will improve road safety.
Ningaloo Road provides access to the Ningaloo Coast World Heritage Area and Ningaloo Station Homestead. Increasing traffic to the Exmouth region is placing high demands on the existing road which is under engineered to meet the existing road transport requirements.
Development Strategy: The works will focus on maintaining the existing Type 2 Road.
Outcomes: The benefits of this proposal are asset preservation, traffic safety taking into account increases in development and tourism.
Road Development Strategy: Ningaloo Road will be constructed SLK 0.00 to 29.33 Type 2 Road Funding: Road Project Grants and Shire
The road construction gravels in proximity to Ningaloo Road are low quality and would be described as calcareous material including shelly sands, coral gravel limestone and sand. The Shire cannot afford or keep up with the level of pavement disintegration that is occurring on Ningaloo Road nor can the Shire afford to purchase and cart processed gravels. Even if the maintenance funds and operations are maintained at the current level, asset value will degrade and then drop in severability. Ultimately it would be expected that much of the Ningaloo Road would effectively revert to a 4x4 access only road if the level of existing funding remains static.
110 Shire of Exmouth-Minutes- 21 March 2013
In March 2012 a bush fire started on the southern and northern side of Ningaloo Road. The fire scar is approximately 10 kilometres long interfacing with the road. As a result of the loss of vegetation and the summer wind pattern sand is drifting in a northerly direction over the road. The road conditions sand drift assessed could be described as; very deep sand drifts and complete road coverage varying in depth to 700mm. Sand lumps forming intermittently 3 to 6 metres wide and 5 to 7 metres between formations. The sand drift road reserve volume is estimated at 30,000, 31October 2012.
The Shire loader cleared sand for 12 days. The goal to provide limited access through the sand to Ningaloo Station. This action become financially unsustainable and the project carried increasing risk of failure. It is estimated that 15 days additional sand clearing works is required to provide temporary access. This is subject to wind conditions. The sand clearing project was stopped.
At this stage the road is open to 4x4wd vehicles only.
COMMENT Nil
CONSULTATION Nil
STATUTORY ENVIRONMENT Nil
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS As per Shire 2012/2013 Budget
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.5: Maintain & Improve Shire Infrastructure
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.5: To make Exmouth an attractive town that is a comfortable and welcoming place to live and visit, and reflects the lifestyle values and unique natural environment
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 10.7.1
That the Council of the Shire of Exmouth receive the Executive Manager Engineering Services Report for the month of March 2013.
COUNCIL DECISION – 23-0313 – 10.7.1
Moved Councillor Fitzgerald, Seconded Councillor Warren. That the Council of the Shire of Exmouth receive the Executive Manager Engineering Services Report for the month of March 2013.
CARRIED 6/0
111 Shire of Exmouth-Minutes- 21 March 2013
10. REPORTS OF OFFICERS
10.7 Executive Manager Engineering Services
10.7.2 Tender 02/2013 Construction Tantabiddi Boat Ramp Toilet Block, Exmouth
Location: Exmouth Applicant: Keith Woodward File Reference: CM.TE.022013 Disclosure of Interest: Nil Date: 21 March 2013 Author: Executive Manager Engineering Services, Keith Woodward Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends that the Council of the Shire of Exmouth award Tender 02/2013 Construction Tantabiddi Boat Ramp Toilet Block, Exmouth to DLR Building Co. Pty Ltd for the sum indicated in the attached Tender Evaluation Report (Confidential Attachment 1) and authorise the Executive Manager Engineering Services to approve project variations.
BACKGROUND In April 2012 Council was advised that it was management’s proposal to construct new public toilets at Tantabiddi Boat Ramp utilising the Tantabiddi Boat Ramp Project surplus funds. This proposal was supported by Council and the proposal was submitted to the Royalties for Regions Gascoyne Revitalization Steering Committee who subsequently approved the proposal.
The Shire advertised Tender 02/2013 Construction Tantabiddi Boat Ramp Toilet Block, Exmouth in the West Australian Newspaper on the 23 January 2013 and the Northern Guardian on the 30 January 2013.
COMMENT 4 tender submissions were received from:
1. Batavia Construction 2. DLR Building Co, Pty Ltd 3. Kat 5 Pty Ltd 4. Northern Aspect Pty Ltd
Tender submissions were assessed by the Executive Manager of Engineering Services and the Works Planning and Projects Officer. All tenders were assessed against the tender compliance criteria and ranked accordingly. The assessment then adopted best value for money approach.
The tender assessment report is attached and is Commercial in Confidence. (Refer Confidential Attachment 1)
CONSULTATION The building architectural, structural and hydraulic drawings and specifications were formulated by GHD Australia.
STATUTORY ENVIRONMENT Section 3.57 of the Local Government Act (LGA) 1995 and the LGA Functions and General Regulations, 11 to 24G.
Regulation 18 (4) of the Local Government (Functions and General) Regulations states:
112 Shire of Exmouth-Minutes- 21 March 2013
“Tenders that have not been rejected under sub regulation (1), (2), or (3) are to be assessed by the local government by means of a written evaluation of the extent to which each tender satisfies the criteria for deciding which tender to accept and it is to decide which of them it thinks it would be most advantageous to the local government to accept.” All tenders were evaluated against the selection criteria by which each tender is assigned a score based on the tenderers capacity to meet the tender objectives. The contract will be awarded to a tenderer who best demonstrates the ability to carry out the required service at a competitive price. The tendered prices were assessed via qualitative and compliance criteria to determine the most advantageous outcome to Council. This means that, although price is considered, the Tender containing the lowest price will not necessarily be accepted, nor will the offer ranked the highest on the qualitative criteria.
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS The Tantabiddi Boat Ramp construction budget was $2,220,000. The actual cost of construction was $1,915,025. The project surplus is $304,975 excluding GST at 12 March 2013 which forms the budget for this project.
The Royalties for the Regions Revitalization Steering Committee approved the reallocation of surplus project funds into the construction of public toilets at the Tantabiddi Boat Ramp.
The preferred tendered rate is within budget.
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.5: Maintain & Improve Shire Infrastructure
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built. Outcome 2.5: To make Exmouth an attractive town that is a comfortable and welcoming place to live and visit, and reflects the lifestyle values and unique natural environment
Social Objective 3: To be a dynamic, passionate and safe community valuing natural and cultural heritage. Outcome 3.2: Excellent lifestyle, recreational and cultural facilities.
VOTING REQUIREMENTS Absolute Majority
OFFICER’S RECOMMENDATION – 10.7.2
That the Council of the Shire of Exmouth award Tender 02/2013 Construction Tantabiddi Boat Ramp Toilet Block, Exmouth to DLR Building Co. Pty Ltd for the sum indicated in the attached Confidential Tender Evaluation Report and authorise the Executive Manager Engineering Services to approve project variations.
COUNCIL DECISION – 24-0313 – 10.7.2
Moved Councillor Hood, Seconded Councillor Fitzgerald. That the Council of the Shire of Exmouth award Tender 02/2013 Construction Tantabiddi Boat Ramp Toilet Block, Exmouth to DLR Building Co. Pty Ltd for the sum indicated in the attached Confidential Tender Evaluation Report and authorise the Executive Manager Engineering Services to approve project variations.
CARRIED by ABSOLUTE MAJORITY 6/0
113 Shire of Exmouth-Minutes- 21 March 2013
11. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
12. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING
COUNCIL DECISION – 25-0313 – ITEM 12
Moved Councillor Winzer, Seconded Councillor Fitzgerald. That the Council of the Shire of Exmouth accept the New Business of an Urgent Nature 12.1 – Canal Jetty Adjacent to Lot 361 (5) Kestrel Place Exmouth.
CARRIED 6/0
The Chief Executive Officer declared an interest in the following report and left the Chamber at 5.03pm.
12.1 Canal Jetty Adjacent to Lot 361 (5) Kestrel Place Exmouth
Location: Lot 361 (5) Kestrel Place, Exmouth Applicant: Engineered Water Systems File Reference: A1494 Disclosure of Interest: Bill Price Chief Executive Officer Date: 13 March 2013 Author: Executive Manager Town Planning, Rhassel Mhasho
Signature of Author:
Senior Officer: Chief Executive Officer, Bill Price
SUMMARY This report recommends Council grant conditional planning approval for the development of a jetty and mooring posts adjacent to Lot 361 (5) Kestrel Place in the Exmouth Marina Village precinct A. (Refer Attachment 1).
BACKGROUND The applicant proposes to construct a jetty adjacent to Lot 361 (5) Kestrel Place, Exmouth prior to the construction of a dwelling.
The Department of Transport (DoT) gave Council powers to approve ‘broad development approval’ for jetty applications which have been lodged with Council. The term ‘broad approval’ is used; on the basis that no plans that are submitted (other than general location/site plans) will be endorsed.
It has been discussed and agreed upon by Council’s Town Planning Department, Environmental Health and Building Department, and DoT that the basic principles of the Exmouth Marina Village Boat Mooring Management Plan, Standard Operating Procedures and Local Laws should form the basis of any approval, with the technical details regarding design and engineering of the proposed jetties being assessed by the DoT at Jetty license application stage.
i) Development of a ‘jetty’ is ancillary to a dwelling. ii) The proposed jetty will be within the designated mooring envelope.
114 Shire of Exmouth-Minutes- 21 March 2013
Lot 361 (5) Kestrel Place
PROPOSAL Jetty protruding 8.8m into the canal from the canal setout line Jetty located in the centre of the jetty envelope Floating pontoon with two mooring posts
COMMENT The proposal is for a jetty and can be assessed under the Shire of Exmouth Town Planning Scheme (TPS) No. 3, Local Laws and various Local Planning Policies. These instruments outline the permissibility for this proposal within the Scheme Area. In accordance with the Scheme, a jetty within the Marina zone is classified as an ‘IP’ use meaning the use is not permitted unless such use is incidental to the predominant use as approved by Council.
ISSUES The applicant seeks Council to consider a variation to approve a jetty prior to the construction of a dwelling. Under Council’s Policy the proposal is considered to be an ‘IP’ use meaning the use is incidental to the predominant use. The Exmouth Marina Precinct A Design Guidelines state:
“It is considered that development ancillary to the main dwelling including gazebos, pergolas, decks, retaining walls, and jetties should be dealt with as if they were listed as a ‘permitted’ use as long as they comply with any relevant site requirements under these guidelines.”
The clause is intended to limit a jetty to be ancillary to a dwelling, encouraging infill residential development to prevent vacant land within the Marina. Generally it is considered that the owner has provided sufficient justification to support approval.
Council Officers recommend that the Shire of Exmouth grant conditional planning approval.
115 Shire of Exmouth-Minutes- 21 March 2013
CONSULTATION Department of Transport
STATUTORY ENVIRONMENT Town Planning Scheme No.3 and the following statutory policies adopted by Council under Part 9.6 of that Scheme:- Exmouth Marina Village Outline Development Plan; Exmouth Marina Village Superlot A Design Guidelines; Exmouth Floodplain Management Strategy 07; and Exmouth Marina Village Canal Boat Mooring Management Plan and Standard Operating Procedures (BMMP & SOP’s).
POLICY IMPLICATIONS Policy 6.34: Exmouth Marina Village Canal Boat Mooring Management Plan and Standard Operating Procedures.
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Economic Objective 1: To be a diverse and innovative economy with a range of local employment opportunities. Outcome 1.2 - Planned and balanced economic growth.
Environment Objective 2: To have a balanced respect for our environment and heritage, both natural and built.
Civic Leadership Objective 4: To work together as custodians for now and the future. Outcome 4.1: To be a collaborative community with the capacity to manage the current and future direction of Exmouth. Outcome 4.2: A local government that is respected, professional, trustworthy and accountable.
VOTING REQUIREMENTS Simple Majority
OFFICER’S RECOMMENDATION – 12.1
That the Council of the Shire of Exmouth grant conditional planning approval for a jetty and mooring posts adjacent to Lot 361 (5) Kestrel Place, Exmouth subject to the following conditions:-
1. The development being carried out in accordance with the Design Guidelines for the Exmouth Marina Village Precinct ‘A’; 2. The development being carried out generally in accordance with the Shire of Exmouth Town Planning Scheme No. 3 and the approved plans (PA33/13); 3. The boat mooring and jetty being constructed wholly within the jetty and mooring envelopes for the subject lot; 4. No boat is permitted to be moored in a manner that allows any part of the boat to extend outside the approved mooring envelope, being 14.1m from the canal setout line; 5. The jetty structure not putting a horizontal surcharge load on the canal wall; 6. Mooring piles and associated envelope areas not being roofed or having structures built on, around, adjacent to, or within the approved jetty area;
116 Shire of Exmouth-Minutes- 21 March 2013
7. The applicant is advised to obtain a permit for a barge vessel to enter Local Government Property, to carry out construction works in the waterway; 8. All proposed jetty designs are to be approved by the Department of Transport - Coastal Facilities Branch, with engineering plans and detail being in accordance with the Exmouth Marina Village Canal Boat Mooring Management Plan; and 9. The approval granted is valid up to two (2) years from the date of this approval. Should the use approved not substantially commence within this time, the approval will lapse.
FOOTNOTES
i) Prior to any construction, the applicant being required to obtain a building permit approval from the Shire of Exmouth. ii) The applicant shall obtain all relevant licenses and permits (including a jetty license) from the Department of Transport, prior to obtaining a building permit from Council. iii) Enclosed is a copy of the Exmouth Marina Village Canal Boat Mooring Management Plan and Standard Operating Procedures. iv) The maximum powerboat permissible is 15 metres in length in accordance with the Canal Boat Mooring Management Plan. v) The maximum sail boat permissible is 10 metres in length in accordance with the Canal Boat Mooring Management Plan. vi) The mooring of boats shall accord with the Exmouth Cyclone Contingency and Vessel Management Plan. vii) Council Officers may enter uninvited onto your property, including your vessel or jetty provided the provisions of the Local Government Act are adhered to. viii) The approval granted is not to be construed as approval granted under The Building Act 2011, Building Regulations 2012 or any other relevant statutory approval. ix) An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
COUNCIL DECISION – 26-0313 – 12.1
Moved Councillor Winzer, Seconded Councillor Warren. That the Council of the Shire of Exmouth grant conditional planning approval for a jetty and mooring posts adjacent to Lot 361 (5) Kestrel Place, Exmouth subject to the following conditions:-
1. The development being carried out in accordance with the Design Guidelines for the Exmouth Marina Village Precinct ‘A’; 2. The development being carried out generally in accordance with the Shire of Exmouth Town Planning Scheme No. 3 and the approved plans (PA33/13); 3. The boat mooring and jetty being constructed wholly within the jetty and mooring envelopes for the subject lot; 4. No boat is permitted to be moored in a manner that allows any part of the boat to extend outside the approved mooring envelope, being 14.1m from the canal setout line; 5. The jetty structure not putting a horizontal surcharge load on the canal wall; 117 Shire of Exmouth-Minutes- 21 March 2013
6. Mooring piles and associated envelope areas not being roofed or having structures built on, around, adjacent to, or within the approved jetty area; 7. The applicant is advised to obtain a permit for a barge vessel to enter Local Government Property, to carry out construction works in the waterway; 8. All proposed jetty designs are to be approved by the Department of Transport - Coastal Facilities Branch, with engineering plans and detail being in accordance with the Exmouth Marina Village Canal Boat Mooring Management Plan; and 9. The approval granted is valid up to two (2) years from the date of this approval. Should the use approved not substantially commence within this time, the approval will lapse.
FOOTNOTES
i) Prior to any construction, the applicant being required to obtain a building permit approval from the Shire of Exmouth. ii) The applicant shall obtain all relevant licenses and permits (including a jetty license) from the Department of Transport, prior to obtaining a building permit from Council. iii) Enclosed is a copy of the Exmouth Marina Village Canal Boat Mooring Management Plan and Standard Operating Procedures. iv) The maximum powerboat permissible is 15 metres in length in accordance with the Canal Boat Mooring Management Plan. v) The maximum sail boat permissible is 10 metres in length in accordance with the Canal Boat Mooring Management Plan. vi) The mooring of boats shall accord with the Exmouth Cyclone Contingency and Vessel Management Plan. vii) Council Officers may enter uninvited onto your property, including your vessel or jetty provided the provisions of the Local Government Act are adhered to. viii) The approval granted is not to be construed as approval granted under The Building Act 2011, Building Regulations 2012 or any other relevant statutory approval. ix) An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with the rules and regulations made pursuant to the Planning and Development Act 2005 (as amended). Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).
CARRIED 6/0
The Chief Executive Officer re-entered the Chamber at 5.05pm.
118 Shire of Exmouth-Minutes- 21 March 2013
13. MATTERS TO BE CONSIDERED BEHIND CLOSED DOORS
Nil
14. CLOSURE OF MEETING The Shire President declared the meeting closed at 5.06pm.
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