Minutes of Council - 13 August 2014

Council 7 13 August 2014

10. Reports of Committee

10.1 Policy and Legislation Committee - 17/07/2014 - TRADING IN PUBLIC PLACES POLICY REVIEW

SUBJECT INDEX:	Market and Food Stalls
STRATEGIC OBJECTIVE:	A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.
BUSINESS UNIT:	Environmental Services
ACTIVITY UNIT:	Environmental Services
REPORTING OFFICER:	Environmental Health Coordinator - Tanya Gillett
AUTHORISING OFFICER:	Director, Planning and Development Services - Paul Needham
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Nil

This item was considered by the Policy and Legislation Committee at its meeting on 17 July 2014, the recommendations from which have been included in this report.

PRÉCIS

A revision of the Trading in Public Places Policy is required to address issues raised by the community, license holders and City officers as well as improve and update the Policy. The Policy is presented to Council for review and to initiate public consultation. Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption later in 2014.

BACKGROUND

Mobile food vehicles/stalls/vendors provide an important service to the community and visitors particularly in locations where retail premises or permanent places of business are not available to the consumer. These are currently administered under the Trading in Public Places Local Law under the guidance of the Trading in Public Places – Standard Conditions of Approval Version 2 (the Policy). In order to ensure that this Policy remains current and continues to reflect the needs of the community, it is periodically reviewed and updated.

Recent requests by the community, City officers and license holders have been made to endorse applications that have been considered outside the scope of this Policy and it is now proposed that a review be undertaken to address the issues presented.

STATUTORY ENVIRONMENT

Local Law Relating to Trading in Public Places

Local Government Property Local Law 2010

RELEVANT PLANS AND POLICIES

Trading in Public Places – Standard Conditions of Approval Version 2

Commercial Hire Sites Policy

FINANCIAL IMPLICATIONS

There are no budgetary considerations required as a result of this report or revised Policy. A review of the Trading in Public Places Local Law is currently being completed which will be superseded by the Activities in Thoroughfares and Public Places Local Law which will address licencing fees and provide a general update to the legislation at this time.

STRATEGIC COMMUNITY OBJECTIVES

This proposal aligns with the City of Busselton Strategic Community Plan 2013 as follows:

Key Goal Area 1

A welcoming, inclusive, healthy and capable community that provides accessible services for all residents.

RISK ASSESSMENT

An assessment of the potential implication of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls has been identified is medium or greater. No such risks were identified.

CONSULTATION

Should the revised Trading in Public Places Policy be accepted by Council, it will be advertised inviting written submissions for consideration to be completed by Friday 10 October 2014. Once all submissions are assessed, a report will be brought back to the Policy and Legislation Committee at its 20 November 2014 meeting for further determination at this time.

OFFICER COMMENT

The Trading in Public Places Policy (the Policy) has been effectively providing guidance to the enforcement of the Trading in Public Places Local Law for some time but recently the City has been questioned on a number of the requirements within the Policy, driving the need for a review of some components. Each of these components will be discussed separately.

1. 300m rule – Currently clause 3.3(c) of the Policy states as follows:

Mobile food vehicles/vendors are not permitted to operate within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader;

1) without prior approval to operate in such locations being sought,

2) submitting a written letter of support from the proprietor(s) of such retail premises or permanent place(s) of business.

With the City’s increasing number of events and markets being approved, particularly on the Busselton Foreshore, this clause is increasingly difficult to administer. During City approved events and markets, increased numbers of attendees at these locations places an increased demand on retail premises and permanent places of business, often to the point where these outlets become overwhelmed. To enhance the visitor experience during these times, it is proposed that there be the ability for Council to exercise a relaxation of this clause where it can be demonstrated that the number of attendees proposed at the City approved event or market may overwhelm existing business or the service to the community during this time may become inadequate.

Further, where Council determines that an event or market will be disadvantaged or lose its character or usefulness without the operation of mobile food vehicles/vendors within 300m of an existing retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader, then a mobile trader be permitted within 300m. An example of this would be an application for say a Wine Fair located across the road from a premises approved to sell packaged liquor. Currently the Policy would not permit wine vendors without permission from the adjacent permanent premises and the hypothetical Wine Fair would be deemed disadvantaged should this rule be applied. Notwithstanding, the strategic and economic benefits an event such as a hypothetical Wine Fair may bring to the region, in instances such as these a common sense approach would be to permit a relaxation of this clause for the success of the Wine Fair.

Additionally, the City’s Market Policy has designated Lions Park as a suitable location to conduct the Dunsborough based markets. Conflicts have arisen with the 300m rule in this location as much of the produce presented at these markets is available for purchase within established business premises within 300m. For example, fresh produce presented for sale at the market is also available at a fruit and vegetable outlet, and two supermarkets both within 300m of Lions Park. Markets attract the community and visitors into the Dunsborough CBD in their own right. While it may be argued by individual businesses that the markets have a detrimental impact while they are located in Lions Park, collectively local business may benefit from the increased customer population drawn into the area by virtue of the markets.

For these reasons, it is recommended that changes be made to the Policy to accommodate duplication of available products within City approved events and markets only. Appropriate discretion is also required to ensure that the City has the right of refusal for these stalls based on the needs of the attendees and the event or market being adequately catered for within the vicinity of the event or market and/or the event or market not attracting the number of attendees to warrant relaxation of this clause. Revisions have been made within the Policy to reflect these proposals.

2. Dogs at Market Stalls – Currently a prohibition exists for stallholders to bring dogs onsite to any market stall. Recently, an approach to Council by a greyhound awareness group to bring their dogs to the markets to raise awareness of the plight of these dogs after the completion of their racing careers and the need for re-homing, has resulted in the need to reconsider this prohibition. While the bringing of dogs to markets by stallholders should not be encouraged due to the dogs being tied up and left during the operation of the market, it is suggested that concessions may be applied where the group can demonstrate the following:

· they belong to a registered not for profit organisation;

· they complete an application to the City that details the intentions of their stall and that the intention is not for the sale of animals only;

· the application satisfies the City that the dogs are separated from the general market, such as being within a marquee, they are under the care and control of designated and adequately trained handlers at all times and the application can demonstrate how the animal interaction with the general public will occur in a controlled environment; and

· the application is accompanied by a Risk Management Plan detailing the care and control of the dogs at all times from arrival at the market, during the market stall operation and removal from the market. This Risk Management Plan will also detail how the interactions with the general public will occur.

Failure to meet these conditions to the satisfaction of the City will result in the application for dogs to be permitted at a market stall being refused. Revisions have been made within the Policy to reflect these proposals.

It should also be noted that should a market be held in a dedicated dog prohibited area, then the prohibition will remain and no concessions will be granted by virtue of other laws applying to the area.

3. Sale of live animals at markets – Recently a request was received by the City to allow permission to sell live chickens from the markets. Subsequent research conducted by officers resulted in no such prohibition being available to the City through the Department of Agriculture or any other law administered by the City. In order to prevent markets from becoming a place where live animals such as chicken, dogs or other livestock is available for sale, it is recommended that a condition be placed on all market approvals that prohibit the sale of live animals from any market. This will apply a proactive condition to control the welfare of animals through transport and subsequent sale in these instances. Revisions have been made within the Policy to reflect this proposal.

4. Designated Numbers and Locations for Trading in Public Places Licence approvals – Currently should an application for a Licence be received and this complies with the Local Law and Policy, applications are approved. There is no direction given within the Policy to restrict the licences to certain locations nor is there any restriction on the number of licences that will be permitted at any one time. Administration of the applications has traditionally only permitted one type of licence per location at any one time, that is, only one ice cream van or coffee van at each location at the same time. There is however, no maximum number of licences that can be approved at each of those locations. This is proving to be of concern as some areas are becoming popular for stalls and are at times supporting 4 licences for different goods at certain times. This proposal aims to set a maximum of four (4) stalls at any location at any one time due to the approved locations traditionally being car parks and during peak tourism, these stalls can restrict car parking for visitors and the general public.

Within this Policy review it is proposed that the City designate pre-approved locations as areas where Trading in Public Places Licences will be permitted. Currently there is no direction given within the Policy and the City has no lawful means of refusing an area that is not causing a safety hazard. In looking at the desirability of a location and providing a baseline customer level to ensure the viability of the business, designated car parks have been established as a preferable location in which to trade. Notwithstanding the maximum of four (4) stalls to be approved at any one time, the following locations are supported for the delivery of goods and services from mobile food vehicles/stalls:

· Busselton Airport, Yalyalup

· Busselton Drive Ins – Road Reserve, Broadwater

· Busselton Foreshore – West of Equinox

· Busselton Volunteer Marine Rescue Car Park, Busselton

· Centennial Park Car Park, Dunsborough

· Dolphin Road Boat Ramp, West Busselton

· Dunsborough Skate Park, Dunsborough

· Eagle Bay Car Park, Eagle Bay

· Geographe Bay Yacht Club, West Busselton

· Gull Service Station, Broadwater

· Harvest Road Car Park, Broadwater

· Meelup Beach, Dunsborough

· Old Dunsborough Boat Ramp, Dunsborough

· Roberts Road Car Park, Abbey – Abbey Boat Ramp

· Rotary Park, Busselton

· Vasse General Store, Vasse

· Yallingup Beach Car Park – Slippery Rocks, Yallingup

· Yoganup Park, Busselton

Should an application be received that is outside of the locations listed above, it may be considered if the location is within an established car park and meets all other requirements of this Policy and the Local Law.

Additionally, land that is not under the care and control of the City by virtue of vesting or ownership is currently being utilised for Trading in Public Places licences. While in the past this has been completed with the permission of the landholder, normally DPAW or Main Roads WA, it is proposed that only locations where the City has care and control of the land be licenced in future. This reduces the administration required to gain these approvals which are required on an annual basis and often prove difficult to obtain. Further, it reduces complications with the enforcement of the Local Law on land that is not under the care and control of the City.

It is therefore proposed to remove the following previously approved location due to it being land not located within or adjacent to an established car park:

· Vincent Street Car Park – Trial completed, land not utilised for stall on regular basis

Revisions have been made within the Policy to reflect this proposal.

5. Alignment with the Commercial Hire Site Policy – Currently Trading in Public Places Licences are issued for a maximum of 4 hours per day at any one location, except for Yallingup where they are restricted to 2 hours per day between 1 May and 30 November in any given year. Pressure has been recently applied by a Licence holder arguing that the 4 hour rule does not allow the business to operate to its full potential, particularly during peak tourism seasons. The 4 hour rule was originally applied for fairness to allow more than one operator to share a location and reduce the domination that a licensee may perceive over a site.

For consistency it is proposed to allow mobile food vehicles/vendors to apply through the Commercial Hire Site Policy process where greater than 4 hours per day may be requested. This process will allow for a fair and equitable application of licencing for all mobile food vehicles/vendors wanting to trade for longer than a 4 hour timeframe while providing some certainty and tenure for their business at a particular location. Further, this will allow a commercial rate to be applied rather than an annual licence fee to allow this to occur. Should the City philosophically agree to include mobile food vehicles/vendors to be considered under the Commercial Hire Site Policy, a further review of this Policy will be required and presented to Council at a later date.

CONCLUSION

The revision of the Trading in Public Places Policy has been initiated to address issues raised by the community, license holders and City officers as well as improve and update the Policy. The changes are recommended giving consideration to these issues while continuing to give protection to retail premises or permanent places of business.

The Policy is presented to Council for review and to initiate public consultation. Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption later in 2014.

OPTIONS

Council may determine to not endorse one or more of the proposed amendments to the Trading in Public Places Policy.

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

Should the Officer Recommendation be endorsed and proceed to public consultation, it is proposed that the completed review of the Policy be submitted to the City’s Policy and Legislation Committee Meeting of 20 November 2014 and if accepted be placed before Council for final adoption at the meeting of 10 December 2014.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

PL1407/001 Moved Councillor R Bennett, seconded Councillor T Best

That the Council:

Support the review of the Commercial Hire Site Policy to include mobile food vehicles/vendors for consideration under this Policy; and

Invite written submissions on the revised Trading in Public Places Standard Condition of Approval Policy renamed as the Trading in Public Places Policy as follows:

City of Busselton

020 Trading in Public Places Policy

1. PURPOSE

This policy will be used to set standard conditions of approval and provide guidance for licences issued in accordance with the “City of Busselton Local Law Relating to Trading in Public Places”.

2. SCOPE

This policy applies to all applications for Trading in Public Place licences in the City of Busselton.

3. POLICY CONTENT

3.1 Objective

The purpose of this policy is to provide the Council with a consistent framework to encourage, control and regulate the location of mobile food vehicles and placement of goods and articles in public places across the City of Busselton.

This policy further aims to encourage a high standard of service delivery to our local community and visitors whilst supporting local economic development and commercial viability.

3.2 Definitions

Community Association means an institution, association, club, society or body, whether incorporated or not, the objects which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and the members of which are not entitled or permitted to receive any pecuniary profit from the transactions thereof.

Council means the Council of the Municipality of the City of Busselton.

Event means an occurrence approved to be held within the City of Busselton on private or public land, either indoor or outdoor by a person(s)/group/organisation, where people assemble at a given time for entertainment, recreation or community purposes.

Facility or Reserve means any property owned by the City of Busselton and includes buildings, recreation centres, community centres, halls, reserves (passive and active).

Public Place means any street, way or place which the public are allowed to use, whether street, way or place is or is not on private land.

Trading means selling or hiring of goods, wares, merchandise or services, or offering of goods, wares merchandise or services for sale or hire in a street or other public place and includes displaying goods, wares or merchandise for the purpose of offering them for sale or hire, inviting offers for sale or hire, soliciting orders or carrying out of any other transaction therein, it includes the setting up of a stall, or the conducting of business at a stall.

3.3 Standard Conditions of Approval for Location of Mobile Food Vehicles/Stalls/ Goods

a) Mobile food vehicles/vendors are not permitted to operate in the business district of Busselton or Dunsborough as defined by the ‘business’ zoning in the current Town Planning Scheme except where operating at City approved events or markets.

b) Mobile food vehicles/vendors are only permitted to operate in locations preapproved by the City as follows:

1) Busselton Airport, Yalyalup

2) Busselton Drive Ins – Road Reserve, Broadwater

3) Busselton Foreshore – West of Equinox

4) Busselton Volunteer Marine Rescue Carpark, Busselton

5) Centennial Park Car Park, Dunsborough

6) Dolphin Road Boat Ramp, West Busselton

7) Dunsborough Skate Park, Dunsborough

8) Eagle Bay Car Park, Eagle Bay

9) Geographe Bay Yacht Club, West Busselton

10) Gull Service Station, Broadwater

11) Harvest Road Carpark, Broadwater

12) Meelup Beach, Dunsborough

13) Old Dunsborough Boat Ramp, Dunsborough

14) Roberts Road Car park, Abbey – Abbey Boat Ramp

15) Rotary Park, Busselton

16) Vasse General Store, Vasse

17) Yallingup Beach Car Park – Slippery Rocks, Yallingup

18) Yoganup Park, Busselton

c) Should an application be received requesting a license at a location outside those designated in clause 3.3(b), the City may grant the license if:

1) the location is on land under the care and control of the City by virtue of vesting or ownership; and

2) the location is within an established car park; and

3) the application meets all requirements of this Policy and provisions of the Local Law.

d) Mobile food vehicles/vendors are not permitted to operate within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader without;

1) prior approval to operate in such locations being sought;

2) submitting a written letter of support from the proprietor(s) of such retail premises or permanent place(s) of business.

e) Subject to clause 3.3(d), the City reserves the right to permit the operation of mobile food vehicles/vendors within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader;

1) during a City approved Event or Market; and

2) where it can be demonstrated that the number of attendees attracted to the City approved Event or Market warrants the consideration of mobile food vehicles/vendors due to the potential inadequacy or overwhelming of the retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader; or

3) where it can be demonstrated that the City approved Event or Market will be disadvantaged or lose its character or usefulness without the operation of mobile food vehicles/vendors within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader.

f) Mobile food vehicles/vendors are not approved to park in a public area, reserve, facility or space unless it can be demonstrated to the satisfaction of the City that the location of the vehicle will not pose a traffic impediment or danger to the safety of the general public.

g) Trading is permitted for a maximum of 4 hours per day in any approved location.

h) A maximum of four (4) mobile food vehicles/stalls are permitted to be approved at any one time at any one location.

i) Only one (1) mobile food vehicle/stall will be permitted to sell any product at any location at any one time. Where a duplication of product occurs that is ancillary to the primary product being offered for sale, this may be approved at the City’s discretion.

j) Displayed goods on footpaths must be at least 2 metres away from a truncation, crossover or street corner.

k) Goods will not be permitted on footpaths where access to a loading zone or disabled parking bay may be impeded.

l) The licensee must not deposit or store any container, vehicle or structure containing goods on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles.

3.4 Special Conditions of Approval for Location of mobile Food Vehicles/Stalls/Goods at Yallingup

a) Trading will only be permitted for a maximum of 2 hours per day between 1 May and 30 November in any year with condition 3.3f) above applying at all other times.

b) Trading will not be permitted in the Torpedo Rocks car park illustrated in Appendix A.

3.5 General Standard Conditions

a) The licensee is responsible for compliance with the Environment Protection (Noise) Regulations 1997.

b) Food vehicles and food operations must comply with the Food Act 2008, Food Regulations 2009 and the Food Safety Standards.

c) Food vehicles are not permitted to set up or provide external tables or chairs for customers.

d) The licensee must maintain a minimum of $10 million Public Liability insurance. The policy must be able to meet any possible claim which may be sustained against the licensee or the City in relation to the death or injury to any person or property arising out of anything authorised by the licence.

e) Solicitation of customers by touting or the use of public address systems is prohibited.

f) The licensee must ensure that the area is kept clean and tidy at all times. The permit holder is responsible for the disposal of litter and cleaning of footpaths.

g) The licensee must ensure that no debris or litter is swept into the street gutter and/or subsequently washed down the storm water drainage system. No detergents and cleaning agents shall be washed into the street, gutter or drainage system.

h) The licensee is responsible for the maintenance of the permit area and shall maintain all display stands/equipment to a high standard.

i) The licensee must not display or allow to be displayed any advertisement, placard, poster, streamer, sign or signboard other than attached to and forming part of the vendor’s vehicle or display stand.

j) A trading in public places licence is not transferable.

k) Stall holders are not permitted to have or bring dogs onsite to any market stall;

l) Subject to clause 3.5(k), dogs may be considered for permission at a market stall under the following conditions:

1) An application is submitted to the City of Busselton including the following:

i) the applicant belongs to a registered not for profit organisation and can produce documentation to support that registration;

ii) the application details the intentions of the stall and the cause to which the application is supporting and is not for the sale of dogs only;

iii) no sale of dogs is permitted from the market stall;

iv) the application satisfies the City that the dogs are separated from the general market, such as being within a marquee, the dogs are under the care and control of designated and adequately trained handlers at all times and the application can demonstrate how the animal interaction with the general public will occur in a controlled environment; and

v) the application is accompanied by a Risk Management Plan detailing the care and control of the dogs at all times from the arrival at the market, during the market operations and removal from the market. This Risk Management Plan will also detail how the interactions with the general public will occur.

2) Failure to meet any of the abovementioned conditions to the satisfaction of the City will result in the application for dogs to be permitted at a market stall being refused.

m) Stall holders are not permitted to have or bring onsite to any market stall any live animal for sale to the public;

3.6 Policy Provisions for Events

a) Traders may be approved to operate for the duration of an Event during the hours it is open to the public.

b) Food vehicles garaged or located within the City of Busselton seeking approval to operate at Events will be required to demonstrate registration under the Food Act 2008 prior to being approved. An application for temporary food stalls/vans will not be required for those businesses registered by the City of Busselton.

c) Food businesses registered by a municipality other than the City of Busselton seeking approval to operate at Events will be required to provide a copy of their Food Act 2008 registration and complete and submit a complete application for Temporary Food Stalls/Vans associated with events and tender the appropriate fee prior to being approved.

3.7 Policy Provisions for Community Associations

a) Community associations are entitled to a fifty percent fee reduction for trading in public place applications.

3.8 Enforcement

In the event that the licence conditions are breached, and in accordance with the Local Law provisions;

a) a licence may be revoked, or

b) compliance action taken.

3.9 Administration of this Policy

The Chief Executive Officer (CEO) has the authority to administer the requirements of the

Trading in Public Places Policy on behalf of Council.

Policy Background

Policy Reference No. – 020

Owner Unit – Environmental Health

Originator – Coordinator Environmental Health

Policy approved by – Council

Review Frequency – As required

Related Documents – Local Law relating to Trading in Public Places

CARRIED 5/0

Council 21 13 August 2014

10.3 Policy and Legislation Committee - 17/07/2014 - PROPOSED CITY OF BUSSELTON DOGS LOCAL LAW 2014

SUBJECT INDEX:	Local Laws
STRATEGIC OBJECTIVE:	Governance systems that deliver responsible, ethical and accountable decision-making.
BUSINESS UNIT:	Corporate Services
ACTIVITY UNIT:	Legal Services
REPORTING OFFICER:	Legal Services Coordinator - Cobus Botha
AUTHORISING OFFICER:	Director, Finance and Corporate Services - Matthew Smith
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Attachment a Dogs Local Law Working Version ⇨ Attachment b Dogs Local Law Gazettal Version ⇨

This item was considered by the Policy and Legislation Committee at its meeting on 17 July 2014, the recommendations from which have been included in this report.

PRÉCIS

Under the Local Government Act 1995 (Local Government Act) local governments are required to carry out periodic reviews of their local laws to determine whether or not it considers that it should be repealed or amended. As a consequence of the recent amendments to the Dog Act 1976 (Dog Act), the City of Busselton’s existing Shire of Busselton Dog Bylaws 1991 (Current Local Law), which has been under review for the past few years, could be finalised. It is recommended that Council repeal the Current Local Law and adopt a new City of Busselton Dogs Local Law 2014 (Proposed Local Law).

The Proposed Local Law has been prepared for consideration by the Council to initiate the law making process under the Local Government Act.

BACKGROUND

The Dog Act provides for the control, registration, ownership and keeping of dogs. Under Section 51 of the Dog Act a local government may make local laws providing for, among other things, the establishment and maintenance of dog management facilities, detention, maintenance, care and release or disposal of dogs seized, licensing, use and inspection of approved kennel establishments and requiring that premises where dogs are kept must be fenced in a manner capable of confining the dog.

After many years of consultation and development, amendments to the Dog Act together with a new set of regulations, were passed by Parliament and came into effect on 1 November 2013. These amendments include a requirement for all new dogs to be micro-chipped, changes to the length of impounding of dogs where the owner can be identified, more uniform restrictions on dangerous dogs and improvements in the dog nuisance provisions.

From a local government perspective the most significant change brought about by the amendment of the Dog Act is in relation to the procedure for determining dog exercise areas and areas where dogs are prohibited. Prior to these amendments taking effect local governments had to determine dog exercise areas and areas where dogs were prohibited through the making or amendment of a local law. As from 1 November 2013 (the date on which the amendments came into effect) local governments are now able to specify dog exercise areas and areas where dogs are prohibited by an absolute majority decision after giving 28 days’ notice of its intention to do so. As a consequence certain parts of the Current Local Law specifying dog exercise areas and dog prohibited areas became obsolete. Dog exercise areas and dog prohibited areas within the City district are currently under review by City officers. A separate report will in due course be presented to Council to consider various options and to exercise Council’s powers under the new provisions of the Dog Act in relation to dog exercise and dog prohibited areas.

The City’s Current Local Law was gazetted during 1991. Since then the Western Australian Local Government Association (WALGA) developed a Model Dog Local Law which is considered to be consistent with the relevant requirements under the Dog Act and also considered to suit the needs and circumstances of most local governments. As part of the City’s periodic local law review project the City’s Current Local Law has been under review since 2010. The review indicated that, in addition to the provisions dealing with dog exercise and prohibited areas which became obsolete, the Current Local Law is to a certain extent inconsistent with the WALGA Model Dog Local Law, is in various respects considered to be outdated and therefore needs to be amended. The Current Local Law for instance:

. Provides for certain fees and charges to be determined and imposed under the local law (e.g fees and charges for impounding and destruction of dogs and application and registration of kennel establishments). This in effect means that these fees and charges can only be adjusted by way of an amendment to the Current Local Law, which would require the same process as making a new local law. The current tendency is for fees and charges rather to be imposed and determined under Sections 6.16 - 6.19 of the Local Government Act, which enables local governments to review these fees and charges annually as part of their budget process.

. Uses terminology which is inconsistent with current legislation (e.g. reference is made to “Shire Clerk” and Local Government Act “1960” instead of Local Government Act “1995”).

. Provides for outdated modified penalties which need to be reviewed and brought in line with current fines and penalties prescribed under the Dog Act.

. The process for application for a kennel establishment license is outdated and should be brought in line with the corresponding provisions under the WALGA Model Dog Local Law.

The Proposed Local Law seeks to allow the City to effectively regulate those areas of dog ownership and dog management reserved for local governments under the Dog Act. Council is therefore requested to consider the Proposed Local Law and whether to commence the process under Section 3.12 of the Local Government Act to repeal the Current Local Law and make the Proposed Local Law.

STATUTORY ENVIRONMENT

Local Government Act

The heads of power for Council to make the Proposed Local Law are provided under section 3.5 of the Local Government Act and section 51 of the Dog Act. Section 51 of the Dog Act specify the dog related matters in relation to which local governments may make local laws and 3.5 of the Local Government Act stipulates:

“A local government may make Local Laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act”.

The procedure for making local laws is set out in sections 3.12 to 3.17 of the Act and regulation 3 of the Local Government (Functions and General) Regulations 1996. The person presiding at a Council meeting is to give notice of the purpose and effect of a proposed local law by ensuring that —

· the purpose and effect of the proposed local law is included in the agenda for that meeting; and

· the minutes of the Council meeting include the purpose and effect of the proposed local law.

The purpose and effect of the Proposed Local Law is as follows:

Purpose:

To repeal the Shire of Busselton Dog Bylaws 1991 and to extend to Council the control over dogs which exist under the Dog Act 1976.

Effect:

To provide Council with controls and regulatory measures in relation to impounding of dogs, the number of dogs that can be kept, establishment of approved kennels and the manner in which dogs are to be confined by the occupier of a premises. Offences are created for allowing a dog to excrete on specified areas (unless the excreta are removed) and for non-compliance with certain other provisions of the local law.

Statewide and local public notice is to be given by advertising the Proposed Local Law in accordance with the requirements of sections 3.12(3) and (3a) of the Local Government Act. The submission period must run for a minimum period of six weeks after which Council, having considered any submissions received, may resolve to make the local law as proposed or make a local law that is not significantly different from what was proposed.

The Proposed Local Law is based on the WALGA Model Dog Local Law.

National Competition Policy

Since the early 1990’s State, Territory and Commonwealth Heads of Government through the Council of Australian Governments (COAG) initiated a commitment to achieving a nationally consistent approach to competition policy in Australia. This resulted in the adoption of the National Competition Policy (NCP) which requires, among other things, that local governments ensure that all new local laws which restrict competition are consistent with the following requirements:

· The benefits of the restriction to the community as a whole outweigh the costs; and

· The objectives of the local laws can only be achieved by restricting competition.

In accordance with the National Competition Local Law Review Guidelines local governments are however not required to do an assessment against the NCP of a local law based on a WALGA model local law and adopted by Council without substantial change. As the Proposed Local Law is based on the WALGA Model Dog Local Law an assessment against the NCP is therefore not required.

RELEVANT PLANS AND POLICIES

None

FINANCIAL IMPLICATIONS

Costs associated with the advertising and gazettal of the Proposed Local Law will come from the legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose. Progressing the Proposed Local Law should not have any other financial implications for the City.

STRATEGIC COMMUNITY OBJECTIVES

The proposal aligns with the City of Busselton Strategic Community Plan 2013 as follows:

6.2 Governance systems that deliver responsible, ethical and accountable decision making.

RISK ASSESSMENT

The Proposed Local Law does not involve any significant changes from current practices and is therefore considered low risk.

CONSULTATION

No external consultation has been sought. If Council resolve to commence the law making process, public submissions will be invited as part of the statutory consultation process prescribed under Sections 3.12 (3) and (3a) of the Local Government Act.

OFFICER COMMENT

State legislation provides for a three tiered system for regulating the care for and control over dogs:

Dog Act

Under the Dog Act local governments are provided with legislative controls in relation to matters such as registration and identification of dogs, control of dogs (e.g. the obligation to identify dog’s owner, power to seize dogs, dogs to wear collars and registration tags and declaring of and dealing with dangerous dogs), what constitutes a dog nuisance and how to deal with such a nuisance.

Local Laws

The Dog Act also extend to local governments the power to regulate by way of a local law matters such as impounding of dogs, the number of dogs that can be kept, establishment of approved kennels, the manner in which dogs are to be confined by the occupier of a premises and to create offences for non-compliance with certain provisions of a local law (e.g for allowing a dog to excrete on specified areas unless the excreta are removed).

Council resolutions

As a consequence of recent changes to the Dog Act local governments now also have the ability to determine dog exercise areas and areas where dogs are prohibited by an absolute majority decision after giving 28 days’ notice of its intention to do so.

For the reasons mentioned under the BACKGROUND section of this report the Current Local Law is considered to be outdated. It is also considered that, rather than amending the Current Local Law, it would be more appropriate to repeal the Current Local Law and to make a new local law based on the current WALGA Model Dog Local Law and in accordance with the recent changes to the Dog Act. The Proposed Local Law is based on the relevant WALGA model and is considered to be consistent with the relevant empowering provisions under the Dog Act. The Proposed Local Law is structured as follows:

Part 1

The preliminary section deals with matters of a more technical nature including the official title of the local law, the commencement date, the area to which the local law shall apply, repealing the Current Local Law and defining terminology used in the local law.

Part 2

This section deals with the impounding of dogs. It provides for fees, charges and costs to be imposed and determined by Council in relation to the seizure and impounding, release and/or destruction and disposal of a dog, the times at which the pound keeper has to be in attendance at the pound and criminalising breaking into or destruction of a pound.

Part 3

This section requires from an occupier of a premises on which a dog is kept to cause the relevant portion of such premises to be fenced in a manner capable of confining the dog. It also limits the number of dogs which may be kept on any premises other than an approved kennel establishment, to 2 dogs and the young of those dogs under the age of 3 months.

Part 4

This section regulates the process for obtaining and transferring of a license for an approved kennel establishment and the cancellation thereof. It requires from an applicant to give notice of the proposed use of the premises as a kennel establishment (notice to be given in a newspaper circulating in the district and to owners and occupiers of adjoining premises). It also provides for payment of fees in relation to applying for and issuing of a license for an approved kennel establishment.

Part 5

This part of the Proposed Local Law makes reference to the fact that dog prohibited and dog exercise areas are to be determined by Council resolution under the relevant provisions of the Dog Act.

Part 6

Under this section a dog must not excrete on a thoroughfare or other public place or on privately owned land without the consent of the occupier of such land. It also requires from a person in control of such a dog to immediately remove excreta, failing which such a person commits an offence.

Part 7

This section of the Proposed Local Law deals with enforcement. A range of modified penalties (specified in Schedule 3 of the local law) are created and persons responsible for enforcing the Proposed Local Law are authorised to issue infringement notices.

Schedules

Schedule 1 of the Proposed Local Law consists of a template application for a license for an approved kennel establishment. Schedule 2 contains draft conditions which could be imposed on a license for an approved kennel establishment. Under Schedule 3 the offences in respect of which modified penalties apply, are specified.

CONCLUSION

The objective of the Proposed Local Law is to provide the City with adequate and effective controls which will operate together with the provisions of the Dog Act in as seamless a manner as possible to control and regulate dog ownership, behaviour and management within the City’s district. In the process it is considered desirable to repeal the City’s Current Local Law.

OPTIONS

Council have the following options:

Option 1

Not to proceed with progressing the Proposed Local Law and rely on the Current Local Law and the Dog Act to regulate dogs within the City’s district. If Council wishes to pursue this option, it should consider amending the Current Local Law to provide Council with more modern and effective controls for the management and control of dogs within the City’s district. Significant changes to the Current Local Law will be required to achieve such an outcome. Also the process under the Local Government Act for amending a local law is the same as making a new local law. Therefore this option is not recommended.

Option 2

Council could choose to vary the provisions of the Proposed New Local Law in any number of ways. Council should however be aware not to require any changes which may render the Proposed Local Law inconsistent with the Dog Act.

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

Implementation of the Officer Recommendation will be through the advertising of the Proposed Local Law for public comment. That will occur within 1 month of Council making a resolution consistent with the Officer Recommendation.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council:

(1) Commences the law-making process for the City of Busselton Dogs Local Law 2014, the purpose and effect of the local law being as follows:

Purpose: To repeal the Shire of Busselton Dog Bylaws 1991 and to extend to Council the control over dogs which exist under the Dog Act 1976.

Effect: To provide Council with controls and regulatory measures in relation to impounding of dogs, the number of dogs that can be kept, establishment of approved kennels and the manner in which dogs are to be confined by the occupier of a premises. Offences are created for allowing a dog to excrete on specified areas (unless the excreta are removed) and for non-compliance with certain other provisions of the local law.

(2) Authorises the CEO to carry out the law-making procedure under section 3.12(3) of the Local Government Act 1995, by –

(i) giving Statewide public notice and local public notice of the proposed local law; and

(ii) giving a copy of the proposed local law and public notice to the Minister for Local Government.

(3) That the CEO, after the close of the public consultation period, submit a report to the Council on any submissions received on the proposed local law to enable the Council to consider the submissions made and to determine whether to make the local law in accordance with section 3.12(4) of the Act.

Council 27 13 August 2014

10.4 Policy and Legislation Committee - 17/07/2014 - SALARY PACKAGING POLICY

SUBJECT INDEX:	Salary Packaging
STRATEGIC OBJECTIVE:	An organisation that is managed effectively and achieves positive outcomes for the community.
BUSINESS UNIT:	Finance and Corporate Services
ACTIVITY UNIT:	Employee Services & Risk
REPORTING OFFICER:	Human Resources Coordinator - Megan Crossley
AUTHORISING OFFICER:	Director, Finance and Corporate Services - Matthew Smith
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Attachment a Salary Packaging Policy 2014 ⇨

This item was considered by the Policy and Legislation Committee at its meeting on 17 July 2014, the recommendations from which have been included in this report.

This item is presented for consideration for acceptance onto the agenda for the 17 July 2014 meeting of the Policy and Legislation Committee in accordance with Section 5.1(3) of the Standing Orders Local Law.

PRÉCIS

This report presents a revised Salary Packaging Policy for Council approval. It was agreed in the recently approved City of Busselton Enterprise Agreement 2014 that the ability to provide further salary packaging benefits for employees would be researched and a report provided to Council. In particular the inclusion of Remote Area Housing benefits for those with a mortgage was sought. Currently the City provides Remote Area Housing benefits for those who rent only.

Based on research conducted the attached policy has been revised to provide for three additional benefits

· Airline Lounge Membership

· Remote Area Housing - Mortgage Interest

· Remote Area Domestic Energy

Salary packaging is considered an effective attraction and retention tool and continuing to offer and improve these benefits will assist the City in meetings its Workforce Planning strategy of “Retaining our staff through attractive remuneration, benefits and innovative practices”.

BACKGROUND

In April 2012 Council endorsed a new Salary Packaging Policy which allowed City employees to salary package a number of benefits in addition to those available at the time (Superannuation, City uniforms and recreational facility fees); namely Remote Area Rent, Living Away From Home Allowance and Novated Leasing of Vehicles (C1204/095).

The remote area rent and living away from home benefits are available to employees by virtue of a portion of the City of Busselton and surrounding localities being considered a ‘Remote Locality’ by the ATO. Under the ATO’s definition of ‘remote area’ a locality is considered remote if it is ‘over 40 kms from a town with a population of 14,000 or more, and over 100 kms from a town with a population of 130,000 or more’. Hence remote area concessions can be utilised to offset the increased cost of living expense incurred by individuals living in a remote locality, and are FBT exempt for the City.

Since endorsement of the policy two (2) employees have taken up the Novated Leasing of Vehicles benefit and 15 employees are currently accessing the remote area rental benefit, all of which is done via an external packaging company Pay Plan.

The policy currently provides a remote area housing benefit to those who rent their current place of residence only. There is the option however to provide employees who currently pay a mortgage on their home with the ability to salary package the interest payments on that mortgage. The mortgaged residence must be within the remote area and must be the employee’s primary of residence and the mortgage must have been taken out (and be) solely for the purchase of the home.

As part of the recent Enterprise Agreement negotiations staff requested that the City look further into the possibility of providing remote area housing for mortgages along with any other benefits that would allow them to access greater tax savings through a legitimate avenue. The City committed to do this noting its obligation to ensure that any benefits introduced could be effectively managed and did not pose a risk for the City.

Officers have undertaken this research and have determined that there are a number of additional benefits that the City could offer their employees at minimal cost / risk to the City, namely:

· Airline Lounge Membership

· Remote Area Housing Mortgage Interest

· Remote Area Domestic Energy

STATUTORY ENVIRONMENT

Salary packaging is a complex area of remuneration management and the Council must comply with the requirements of the Australian Taxation Office (“ATO”) and relevant State and Federal taxation legislation and regulations associated with FBT and salary packaging.

Fringe Benefits Tax

Legally FBT is payable by the employer for any non-cash benefits provided to employees. There are however certain benefits which are classified as concessional or FBT exempt benefits. The majority of benefits offered through the current Council Policy, with the exception of Novated Lease motor vehicles, are FBT exempt. Under the current policy any FBT costs and / or related costs associated with the benefits are borne by the employee and factored into the packaging arrangement.

Under the revised policy remote area housing for mortgages and remote area domestic energy attract FBT on 50% of the value of the interest reimbursed. Again though this cost will be borne by the employee under the policy.

Fringe benefits provided to staff (whether salary packaged or not) are, unless exempt, required to be reported on a staff member's Payment Summary where the aggregate taxable value of fringe benefits provided exceeds $2,000 per FBT year. Further it is the grossed-up value (i.e. multiplied by 1.9417) that is required to be shown on the Payment Summary. Whilst this amount will not be taxable income, it will be taken into account for the purposes of determining the application of certain surcharges, levies and Government entitlements, such as the additional Medicare levy and Family Tax Benefits. Employees will need to be aware of this and seek their own financial advice prior to entering into any salary packaging arrangement.

The additional benefits proposed to be introduced, (Airline Lounge Membership and Remote Area Domestic Energy), are exempt from FBT payment summary reporting.

Australian Taxation Office Requirements – Tax Compliance

Employees cannot claim a tax deduction on packaged benefits and are required to observe all standards set by the ATO regarding salary packaging. The standards require complete proof of expenditure and adherence to the employees nominated flexible remuneration. Regular requests for proof of expenditure are undertaken by Human Resources and the external salary packaging provider. Failure to observe these standards can result in ATO penalties for the employee.

Organisational compliance will be provided for within the requirements of this Council Policy and employee compliance will continue to be managed within the existing terms and conditions of their employment and the Salary Packaging Agreement.

RELEVANT PLANS AND POLICIES

The adoption of the revised Salary Packaging Policy will provide greater access to more employee benefits, and aid the City in achieving its Workforce Plan strategy of “Retaining our staff through attractive remuneration, benefits and innovative practices.

From an administrative perspective, the adoption of the revised salary packaging policy will require changes to participating employees pay details and may also result in some minor stand down time as employees attend voluntary education sessions on the additional benefits available.

FINANCIAL IMPLICATIONS

The majority of our current salary packaging benefits are administered through an external provider, Pay-Plan. Pay Plan has been working with the City for the past two (2) years and have advised that there are no further charges associated with the set-up of the additional benefits.

The cost of any associated fees and charges (administrative or FBT) for each package arrangement will be borne by the employee.

STRATEGIC COMMUNITY OBJECTIVES

The Officers recommendation aligns with and supports the Council’s Strategic Community Plan 2013, specifically Key Goal – “Open and Collaborative Leadership”.

RISK ASSESSMENT

A risk assessment was previously undertaken to assess potential risks associated with salary packaging benefits currently on offer to employees and the overall risk assessment was low. In introducing extended benefits under the current policy the City sought and received Tax Rulings from the ATO. These rulings aligned with information provided by Pay Plan and the City’s tax advisers, UHY Norton. Whilst not having sought tax rulings in relation to the additional benefits proposed in the revised policy, officers have liaised extensively with Pay Plan and with the City’s tax advisers.

While the Remote Area Housing Mortgage Interest has strict eligibility criteria, the City, through its external administrator Pay-Plan, conducts a thorough assessment of eligibility prior to packaging the benefit, with employees having to provide mortgage and settlement documents for review along with loan statements showing the interest paid and being claimed. Pay Plan also conducts regular monitoring to ensure employees remain compliant.

As with the already provided salary packaging benefits, a Salary Packaging Agreement is drawn up between the City, Pay-Plan and the employee for all of the additional benefits proposed and there is a very strong focus on the employee complying with all ATO and declaration requirements. There is also a very strong message contained within these Agreements that should an employee provide false information that could damage the reputation and the image of the City, as well as put the City at a financial risk, then harsh disciplinary action would be undertaken, and most likely the outcome would be termination of employment.

CONSULTATION

Consultation and research undertaken with the City’s Tax Advisors and Pay-Plan have shown that the additional benefits being proposed within this report are deemed eligible to be offered to the City employees and would allow them to access greater tax savings through a legitimate avenue.

OFFICER COMMENT

It is recommended that Council introduce additional salary packaging benefits through endorsement of the attached revised salary packaging policy. A brief overview of the additional salary packaging benefits is provided below.

It is recommended that the revised policy come into effect as of 1 September 2014 but that allowable benefits be provided for back to an effective date of 1 July 2014. There is no time limit on salary packaging expenses incurred prior to the arrangement being in place, however in order to ensure tighter control over the arrangement and in particular to mitigate the risks associated with remote area housing mortgage interest and loan terms changing over a longer historical period, perhaps rendering them ineligible at some point, the policy provides for back dating to 1 July 2014 only. This date also aligns with the beginning of the financial year and with the approval of the Enterprise Agreement.

Airline Lounge Membership

Employees can apply to salary package the cost of their “entitlement to use an Australian Airline Lounge Membership”, e.g. the Qantas Club, by being paid part of their total remuneration as a reimbursement. Their Base Cash Salary will be reduced accordingly. These membership fees are “tax free” when provided to an employee as part of a salary packaging arrangement.

Allowable under this benefit are:

· Airline lounge membership joining fee

· Airline membership annual renewal fee

· Membership fees to more than one airline lounge facility are permitted

Frequent Flyer membership fees are not eligible for salary packaging as they do not give an entitlement to use an airline lounge facility.

Remote Area Housing Mortgage Interest

Subject to strict qualifying criteria, employees that have a mortgage on their home in a remote area can apply to salary package their interest expenses on the mortgage. The home must be their usual place of residence.

The employee receives reimbursement of 100% of their interest expenses paid through being paid part of their total remuneration as a reimbursement. Their Base Cash Salary will be reduced accordingly, noting that superannuation contributions will be based on their salary prior to the reduction. 50% of the reimbursement does however attract FBT, which is payable by the employee.

Under the policy the employee is only able to package interest paid during the period of their employment with the City of Busselton and only from 1 July 2014 onwards.

There are a number of strict eligibility criteria that the employee must satisfy (and maintain) for this benefit to be provided. These are detailed in the attached revised policy. The City, through its external provider Pay-Plan, will ensure compliance is met at all times with the employee being required to provide such things as:

· Property settlement papers showing the purchase details for the house

· Copy of bank letter showing the loan arrangement – whereby the loan must be in the employee’s name or jointly with their spouse and for the purposes of the purchase of the house only

· Mortgage statements clearly identifying the interest reimbursement sought

Remote Area Domestic Energy

Employees who package remote area housing benefits can apply to salary package 100% of the value of the cost of their residential electricity and gas expenses tax free through being paid part of their total remuneration as a reimbursement. Their Base Cash Salary will be reduced accordingly. Like remote area housing mortgage interest 50% of the reimbursement does however attract FBT, which is payable by the employee.

The employee is only able to package energy costs paid during the period of their employment with the City of Busselton and for the period that they are / have been claiming a remote housing benefit.

As per the remote area mortgage interest the employee must provide to the City tax invoices and any other required evidence of purchase and payment of the domestic energy and that the energy was used in the house being packaged (e.g. electricity bills and / or gas bills). These must be submitted to the City on a regular basis. The invoices must be in the employee’s name or jointly with their spouse or partner. In order to better control the eligibility of the benefit the policy restricts reimbursements to payments for gas where the gas is mains gas or for the purchase of large size (45kg or greater) bottles only.

Note it is recommended that this benefit only be offered to employees if the Remote Area Mortgage Interest benefit is also approved. Otherwise only those employees eligible to salary package Remote Area Rental would benefit from this additional benefit without those who pay a mortgage on a home being provided with the ability to access it.

Living Away From Home Allowance

Living Away From Home Allowance (LAFHA) has been provided for since the introduction of the Salary Packaging Policy, with its availability being restricted to staff at a level 7 and above under the current policy. Changes made by the government to LAFHA since then have however further limited its availability and attractiveness. LAFHA can only now be provided for a maximum of one year and to qualify an employee must maintain a primary place of residence for their own personal use. Renting out an owned home or cancelling the lease of the premises at the home location is likely to fail the ‘maintained for personal use’ criteria. Additionally all expenses must be quantified now as opposed to employees being provided an allowance for living away from home expenses based on a reasonable amount.

Given this, and given the difficulty in administering the benefit (Pay Plan have indicated they are not able to administer this benefit) it is recommended that LAFHA be withdrawn as an allowable benefit under the revised policy. It should be noted that since the introduction of the current policy there has been no employee take-up of the benefit, predominantly due to the majority of employees relocating permanently to the City upon accepting a position.

CONCLUSION

Looking forward, the introduction of further salary packaging benefits to City employees will strengthen the City as a great place to work and live and will act as a tool to attract and retain staff. The current salary packaging policy only provides remote area housing benefits for those who rent. This has been noted as unfair by employees since the introduction of the policy and through the recent enterprise agreement negotiations. Further research has indicated that the City is able to provide those who have a mortgage on their primary place of residence the ability to package their mortgage interest, although there are strict criteria that apply in terms of the purpose of the loan and FBT is payable on 50% of the value reimbursed. Despite this it is recommended that Council support the inclusion of this as an allowable benefit under a revised policy, and that Council also support the provision of remote area domestic energy and airline memberships as allowable benefits.

OPTIONS

1. The Council may not agree with the recommendation to introduce some or all of the additional salary packaging benefits and hence may require a different approach or policy position. If Council chooses not to provide remote area housing mortgage interest as an allowable benefit officers would recommend also not providing remote area domestic energy.

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

The new policy will be effective as of 1 September 2014.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

PL1407/001 Moved Councillor T Best, seconded Councillor T Tuffin

That the Council:

1. Adopts the attached Salary Packaging Policy, to replace the current Salary Packaging Policy, to come into operation from 1 September 2014.

CARRIED 5/0

Council 33 13 August 2014

11. Planning and Development Services Report

11.1 REVIEW OF THE CITY OF BUSSELTON'S ENERGY ACTION PLAN

SUBJECT INDEX:	Project - Energy Action Plan
STRATEGIC OBJECTIVE:	Growth is managed sustainably and our environment is protected and enhanced as we develop.
BUSINESS UNIT:	Environmental Services
ACTIVITY UNIT:	Environmental Planning Services
REPORTING OFFICER:	Senior Sustainability/Environment Officer - Mathilde Breton
AUTHORISING OFFICER:	Director, Planning and Development Services - Paul Needham
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Attachment a Draft City of Busselton Energy Action Plan 2014-2019 ⇨

PRÉCIS

This report seeks the Council’s endorsement of the revised City of Busselton Energy Action Plan 2014-2019 listed as Attachment A. The revised plan was prepared by the Energy Working Group and makes recommendations to reduce the City’s greenhouse gas emissions and energy costs. It is an update to the Corporate Energy Action Plan endorsed by Council in June 2010. It also includes a new section on initiatives proposed to be implemented to support and encourage the community to reduce their greenhouse emissions.

BACKGROUND

On 11 June 2008, the Council resolved (CO805/155):

That the Council:

(a) endorses the City’s participation in the Cities for Climate Protection Program and Water Campaign and works to complete the milestones within the resources available for implementation of the Environment Strategy […].

Resolution CO805/155 also included a budget allocation in the 2008/09 budget to commence implementation of the Cities for Climate Protection Program and Water Campaign.

On 9 December 2009, the Council then resolved (C0912/424):

That the Council:

(a) Endorses the following greenhouse gas emissions reduction goals:

* A 50% per capita reduction by 2015 and a 70% per capita reduction by 2020 in corporate emissions on 2006/07 levels; and

* A 25% per capita reduction by 2015 and a 40% per capita reduction by 2020 in community emissions on 2006/07 levels.

(b) Requests that the CEO prepare a more detailed energy action plan outlining specific actions to be implemented to reduce corporate and community greenhouse gas emissions and that this be provided to the Council for consideration by June 2010 […].

Resolution C0912/424 also provided guidance on the Council’s preferred greenhouse gas emission reduction initiatives, including the use of Green Power.

On 23 June 2010, the Council resolved (C1006/220):

That the Council

(a) endorses the City of Busselton Corporate Energy Action Plan (as amended) as the City’s strategy to reduce greenhouse gas emissions and energy usage of City’s assets and operations […].

Resolution C1006/220 also foreshadowed budget allocations in the 2010/11 budget to implement the Energy Action Plan. It also requested the CEO prepare a more detailed action plan outlining specific actions to be implemented to reduce community greenhouse gas emissions and supported the continuation of the City Energy Working Group.

Many actions of the Energy Action Plan have been implemented, resulting in a significant reduction in greenhouse emissions and energy costs for the City. It is now time to review the Energy Action Plan in order to identify additional opportunities to further reduce the City’s greenhouse footprint and mitigate future energy cost increases. The proposed review also includes some limited proposals on how the City can assist the local community in reducing their greenhouse emissions through education, behaviour change programs and planning and development processes

STATUTORY ENVIRONMENT

As per the Local Government Act 1995 Section 1.3 (3) In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity.

There is no statutory requirement for the Council to reduce its greenhouse gas emissions. However the National Greenhouse and Energy Reporting (NGER) Act 2007 requires corporations and facilities that emit greenhouse gases above a certain threshold to report their emissions, energy usage and consumption, including some local governments. The City is currently not required to report its greenhouse gas emissions until its emissions from waste sent to landfill increase above a set threshold.

The Clean Energy Act 2011 set a carbon price for greenhouse gas emissions, which at present the City is not directly required to pay. However the City has been affected by higher electricity and gas prices since the Clean Energy legislation has been introduced. The Clean Energy legislation has recently been revoked, but notwithstanding that, there is still an expectation of future increases in the real cost of energy.

RELEVANT PLANS AND POLICIES

The City of Busselton Environment Strategy (2004) Action 7.4 recommends to “Join the Cities for Climate Protection (CCP) Program aimed at reducing greenhouse gas emissions and energy use”.

The review of the Energy Action Plan is in line with the Environment Policy (2011), which recommends that the City acts in accordance with all relevant environmental legislation and regulation, and endeavours to promote and implement environmental best practices in all areas of operation and decision making.

FINANCIAL IMPLICATIONS

Funding for implementation of actions recommended in the revised action plan will need to be built into the budget preparation process and ten-year financial plan when required, and as appropriate.

While some initiatives have high up front capital costs, it is important to consider their estimated payback period. Alternative financing options such as using financial reserves, leasing or borrowing may also be available, bringing forward energy saving initiatives, which otherwise would have been delayed due to a lack of funds. Delaying energy saving initiatives with a high return on investment can have a substantial cost in the medium to long term.

Where possible, external funding will be sought to implement the action plan. Some initiatives may only be pursued subject to external funding being secured.

STRATEGIC COMMUNITY OBJECTIVES

The review of the Energy Action Plan is relevant to Key Goal Area 5 – Cared for and Enhanced Environment and Community and Objective 5.2 Growth is managed sustainably and our environment is protected and enhanced as we develop.

RISK ASSESSMENT

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls has been identified is medium or greater. The following two medium risks were identified:

Risk	Category	Causes	Likelihood	Consequence	Risk
Projects have longer payback periods, using older technology	Financial	Technological improvements, which reduce payback periods if later technology used.	Possible	Minor	Medium
Raising community expectations	Reputational	Inclusion of some limited proposals to assist the community in reducing their greenhouse emissions despite current limited capacity to implement community wide greenhouse reduction programs.	Possible	Minor	Medium

The following controls are proposed to mitigate the risks:

Risk	Controls
Projects have longer payback periods, using older technology	Latest proven technologies will be used. Consideration will be given during the planning phase of the need to delay the implementation of a project to allow for the use of more up-to-date technologies. In many instances, the financial savings achieved from when the project is implemented will offset the cost savings of the new technology
Raising community expectations	Limitations included in Council report and draft Energy Action Plan on scope and extent of community section. Similar wording will be used in any communication with the media and the community.

CONSULTATION

The revised Energy Action Plan was prepared in-house, with significant involvement from the Energy Working Group (EWG). The EWG provided significant input on the proposed initiatives and endorsed the draft revised Energy Action Plan at its meeting on 1 July 2014.

The EWG comprises two Councillors and representatives from the following activity units of the City:

- waste management

- facility services

- fleet services

- environmental planning services

- recreation services

- information technology

The Environment Reference Group (ERG) was also consulted, in particular on the initiatives proposed for the community. The ERG supported the then draft revised Energy Action Plan at its meeting on 12 December 2013.

OFFICER COMMENT

Implementation of the Energy Action Plan and associated greenhouse emission reductions

The adoption of emissions reduction targets in 2009, followed by the adoption of the Energy Action Plan in 2010 created a strong framework and impetus for the City to start reducing its greenhouse footprint.

Some of the key achievements include the following:

2009

- Installation of a 5 kW solar PV system at the Geographe Leisure Centre.

2010

- Completion of energy audits for the following facilities: Kookaburra Caravan Park, Busselton Library, Busselton Depot and the Naturaliste Community Centre.

- Installation of a 2.66 kW solar PV system at the Naturaliste Community Centre and a 6.84 kW solar PV system at the Administration Office.

- Insulating all ceiling spaces of the Administration Centre and IT House (1000m2).

- Painting IT House roof with Insultec reflective paint and installation of two whirly birds.

- Purchasing of recycled office paper (ongoing).

- Set up of the Green Taskforce to promote sustainable behaviours in the workplace (ongoing).

2011

- Purchase of 3 bikes for staff short business and commuting trips.

2012

- Upgrade of Photoelectric (PE) cells in ablution blocks to ensure lights only come on at night time.

- Installation of solar powered security lighting at various community halls.

- Installation of a 3.5 kW solar PV system at the Community Resource Centre.

- Installation of solar and wind powered streetlights and bollards on the Busselton foreshore.

2013

- Purchase of an additional bike for staff short business and commuting trips.

- Installation of solar hot water systems at the Kookaburra Caravan Park and Winderlup Court units (Aged person homes).

2014

- Construction of a geothermal system at the Geographe Leisure Centre.

- Installation of a pool blanket on the indoor pool at the Geographe Leisure Centre.

- Employment of a part time Recycling Officer.

These initiatives have allowed the City to return its 2013/14 total greenhouse emissions close to 2006/07 levels despite a high population growth and to reduce its per capita greenhouse emissions by 29.3% from the 2006/07 base year.

While total energy costs have increased due to increasing energy prices, the implementation of energy savings initiatives has buffered the City from those impacts.

Additional data, including greenhouse gas emissions produced by the City since 2009/10, greenhouse emissions by energy types and energy costs are presented in Attachment A.

However further effort is required to continue reducing corporate greenhouse emissions in line with the Council endorsed reduction targets as follows:

Year	GHG emissions (tonnes Co2e)	Per capita reduction from 06/07 base year
2013/14	6286.70	29.3%
2015/16 (interim target)	4,770.16	50%
2020/21 (long term target)	3,348.38	70%

This is the purpose of the revised draft Energy Action Plan listed as Attachment A. There have also been major improvements to technologies and best practices and overall a better understanding of greenhouse mitigation strategies, which the revised Action Plan will aim to capitalise on.

Community Emissions

In December 2009, the Council as per the (now defunct) Cities for Climate Protection program endorsed the following community reduction targets:

A 25% per capita reduction by 2015 and a 40% per capita reduction by 2020 in community emissions on 2006/07 levels.

It is recognised that the City has minimal control over emissions emitted by the broader community. Since the Federal Government withdrew its support to the CCP Program, it is also more difficult to quantify and report on community emissions. Nevertheless it is considered that the City has a role to play in facilitating greenhouse emission reductions in the community. The initiatives proposed in the revised draft EAP focus on areas of responsibility for the City. It is also cognisant of limited existing resources available to implement community wide programs.

CONCLUSION

The draft City of Busselton Energy Action Plan 2014-2019 provides a planned approach to reducing the City’s energy consumption and costs and the City’s greenhouse emissions, as well as giving some direction in assisting the local community in reducing their greenhouse footprint.

Local governments have a key role to play in responding to the threat of climate change by reducing their own emissions and demonstrating best practice to their local communities. Local governments are responsible for delivering a large range of services to the community, and use energy and produce greenhouse emissions in doing that.

There is a strong financial incentive for local governments to reduce their energy use as energy costs are expected to increase significantly over the next few years. The implementation of this action plan is likely to result in a significant net financial benefit to the City and its residents and ratepayers and ensure the future sustainability of the City’s assets and services.

All levels of governments are expected to play a role and implement best practice in protecting the environment, in line with the community’s expectations. It is also necessary for the City to continue developing its capacity in greenhouse reporting and mitigation to prepare for potential future legislative requirements and maximise any investment opportunities.

A community section has been included in this revised Energy Action Plan, recognising that the City has a role to play in assisting the local community in reducing their emissions, though constrained by our limited sphere of responsibility and cognisant of limited resources currently available.

This Energy Action Plan 2014-2019, if endorsed, will build on previous achievements and strengthen the City’s greenhouse reduction strategy and the management of energy consumption and costs.

OPTIONS

The Council has the option not to endorse the revised draft Energy Action Plan.

The Council may also recommend changes to the proposed initiatives listed in the draft revised Energy Action Plan.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Officer recommendation 1 is immediate. Officer recommendations 2 and 3 are ongoing.

OFFICER RECOMMENDATION

That the Council:

1. Endorse the draft City of Busselton Energy Action Plan (2014-2019) listed at Attachment A as the City’s guide for future planning for future planning to reduce greenhouse gas emissions and energy usage of City assets and operations.

2. Consider in developing subsequent budgets and when reviewing the ten year financial plan, the implementation of actions listed in the City of Busselton Energy Action Plan (2014-2019).

3. Supports the continuation of the City of Busselton Energy Working Group to oversee the implementation and lead future reviews of the City of Busselton Energy Action Plan (2014-2019).

Council 39 13 August 2014

11.2 PROPOSED FINAL ADOPTION OF HERITAGE LIST FOLLOWING PUBLIC CONSULTATON AND UPDATE ON REVIEW OF THE MUNICIPAL HERITAGE INVENTORY

SUBJECT INDEX:	Heritage
STRATEGIC OBJECTIVE:	A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.
BUSINESS UNIT:	Strategic Planning and Development
ACTIVITY UNIT:	Strategic Planning and Development
REPORTING OFFICER:	Strategic Planner - William Hosken
AUTHORISING OFFICER:	Director, Planning and Development Services - Paul Needham
VOTING REQUIREMENT:	Absolute Majority
ATTACHMENTS:	Attachment a Summary of Submissions ⇨ Attachment b Proposed Heritage Conservation Works at Membenup Homestead ⇨

PRÉCIS

On 27 February 2013 the Council adopted a draft Heritage List and changes to our Municipal Heritage Inventory, subsequent to which these documents were prepared accordingly and advertised for public consultation.

This report provides a summary of submissions (Attachment A) and requests the Council’s consideration of the final adoption of the Heritage List as advertised. It also asks the Council to note the next steps in reviewing the City’s planning framework as it relates to heritage sites and properties.

The Council is also requested to consider the granting of a rates concession for heritage conservation works to a property on the Municipal Heritage Inventory and draft Heritage List.

BACKGROUND

Heritage List

The Heritage List is adopted pursuant to Clause 37 of District Town Planning Scheme No. 20, for the purposes of identifying sites of local cultural heritage significance that are worthy of conservation under the relevant provisions of the Scheme and Local Planning Policy 9: Environment and Heritage Conservation Policy. This provides the opportunity for heritage values to be considered before development and especially demolition is approved, as well as providing an opportunity for development standards to be varied to accommodate – or as an incentive for – heritage conservation. Inclusion in the Heritage List does not necessarily mean that development or even demolition will not be allowed, but is needed as a trigger to consider heritage matters.

Prior to the Council’s adoption of a draft Heritage List for the purposes of public consultation, which included heritage sites identified as Category 1, 2 and 3 on the Municipal Heritage Inventory, the Municipal Heritage Inventory served as a default for this purpose, in accordance with Clause 37, and still does so until such as the Council adopt the Heritage List in final form.

Municipal Heritage Inventory

The Municipal Heritage Inventory is primarily intended as a record of places of heritage significance, and places are included in one of five categories, which may be briefly described as follows -

* Category 1 – These are the most significant places, and they are places of state significance usually also identified on the State Heritage Register.

* Category 2 – These are significant places of local heritage significance, but not state significance, and proposals to demolish or significantly change these places should be seriously considered before being supported, if appropriate.

* Category 3 – These are less significant places, worth recording, but it is not appropriate to regulate their use or development differently to other land to any significant degree.

* Category 4 – These are publicly owned heritage places, of varying levels of significance, but the development of which is exempt from local planning control by virtue of the public works legislation.

* Category 5 – These are places of local heritage significance but where little or no built heritage remains.

With the adoption of a Heritage List, the Municipal Heritage Inventory (MHI) reverts to being merely a record of sites of local cultural heritage significance. The MHI is to be retained as all local governments are required to prepare and adopt one pursuant to the Heritage of Western Australia Act 1990, and it serves to document:

* A description of each place and the reasons for its entry on the Heritage List (assessment and categorisation);

* A level of heritage site information to support the provision of general advice and the assessment of development proposals;

* Local cultural heritage sites which do not require conservation under the Scheme and Policy provisions, either due to significance, condition or being otherwise conserved by public ownership and policy requirements.

2013 Council Resolution

Following a report to the Council regarding the Municipal Heritage Inventory (MHI) and draft Heritage List on 27 February 2013, the Council resolved as follows:

1. In pursuance of Section 45 of the Heritage Act 1990 adopt the proposed changes to the City of Busselton Municipal Heritage Inventory for community consultation as follows…

2. In pursuance of Clause 36 of the City of Busselton District Town Planning Scheme No. 20 adopt the draft Heritage List for community consultation as follows…

3. Note the Schedule of Preliminary Submissions (Attachment A) and the Schedule of Other Changes (Attachment B).

4. Prepare a consolidated draft Municipal Heritage Inventory including the proposed changes and inserting the description of the Municipal Heritage Inventory Management Category descriptions consistent with Local Planning Policy 9.

5. Advertise the proposed changes to the Municipal Heritage Inventory and the draft Heritage List in parallel consistent with the statutory requirements for a minimum of 42 days.

6. Consider all submissions received following receipt of advice from the Heritage Advisory Committee prior to adopting a final Municipal Heritage Inventory and Heritage List.

7. Once the above has occurred, undertake assessment of Heritage Precincts and other listings that cover large geographical areas identified under Management Categories 1, 2, and 3 for their appropriateness and whether particular buildings or places within these precincts should be individually listed.

In accordance with items 1 and 4 of this resolution, the MHI document was revised including the modifications adopted by the Council. The MHI and draft Heritage List were then advertised concurrently between 31 December 2013 and 26 February 2014.

Submissions received in relation to the MHI and draft Heritage List are presented at Attachment A for the Council’s consideration and discussed in the ‘Consultation’ section of this report.

Progression of item 7 of this resolution is currently being progressed and is discussed as part of other heritage review matters in the ‘Officer Comment’ section of this report.

Heritage Conservation Incentives

The City has recently received an application for a rating concession for conservation of a heritage property (Lot 1 (50) Membenup Road, Wonnerup) in accordance with the City’s Local Planning Policy 9A – Heritage Conservation, following recent expiry of their previous concession. This involves a discount on City rates charges for a period of time (typically five years) subject to the completion of agreed conservation works to a property listed on the Municipal Heritage Inventory.

As there are currently no other rating concessions for heritage conservation in place, the matter of incentives for heritage conservation is discussed in this report to allow the Council to consider the continuance of this scheme and various other incentive options. A recommendation regarding this particular application (further details in Attachment B) is also provided for consideration.

STATUTORY ENVIRONMENT

The Heritage of Western Australia Act 1990 outlines the requirement for local governments to compile and review municipal heritage inventories. In accordance with section 45 of the Act each local government is required to review its inventory of heritage places every four years.

The conservation and protection of places and areas of local heritage significance is provided for in the Planning and Development Act 2005, which enables local governments to protect heritage places in local planning schemes.

Clause 37 of District Town Planning Scheme No. 20 outlines the procedures associated with making and amending a Heritage List, designation of heritage areas, planning application procedures, and variations from development standards in support of heritage conservation.

Aboriginal heritage sites are recognised and protected under the Aboriginal Heritage Act 1972 and as such are not addressed in the Heritage List or Municipal Heritage Inventory.

Section 6.47 of the Local Government Act 1995 states that, subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive (by absolute majority) a rate or service charge or resolve to grant other concessions in relation to a rate or service charge. The proposed rating concession for conservation works to the heritage building is consistent with the provisions of the Local Government Act 1995.

RELEVANT PLANS AND POLICIES

The Western Australian Planning Commission’s State Planning Policy 3.5 – Historic Heritage Conservation outlines policy measures and development control principles relating to local planning frameworks for heritage preservation.

Local Planning Policy 9A – Heritage Conservation outlines the City’s assessment criteria and processes for development proposals, in relation to the management category identified in the Municipal Heritage Inventory. This policy also provides the basis for the Council to consider rates concessions for the completion of heritage conservation works. Some elements of this policy require updating or review to reflect the outcomes of this review process, as further discussed in the ‘Officer Comment’ section of this report.

FINANCIAL IMPLICATIONS

The proposed rates concession for the landowners of Lot 1 (50) Membenup Road, Wonnerup of 50% for the 2014/15 financial year is estimated to be worth approximately $838 and will be a direct cost to the City.

STRATEGIC COMMUNITY OBJECTIVES

The recommendation of this report reflects Community Objective 2.2 of the Strategic Community Plan 2013, which is; “A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections”.

RISK ASSESSMENT

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks as well. The table below describes identified risks where the residual risk, once controls have been identified, is identified as ‘medium’ or greater.

Risk	Controls	Consequence	Likelihood	Risk Level
Reputation/ Environment risk – place of community heritage interest is not listed and is demolished or developed without need for Council consideration	Proposed annual review procedure to consider any nominations and recommend changes to the Heritage List	Minor	Possible	Medium

CONSULTATION

Submissions to the draft Heritage List and Municipal Heritage Inventory are summarised at Attachment A, including general officer comment and comments from the City’s contracted professional Heritage Advisor. Additional discussion is provided in the ‘Officer Comment’ section of this report.

Responses that were received generally reflected the following matters:

* Submission of further information for existing sites;

* Nomination of new sites;

* Objection to the listing of an existing site.

The Council resolution of 27 February 2013 included the consideration of submissions by the Heritage Advisory Committee, however this has not been undertaken as this committee has not been active since 2012 and is not currently formed by the Council.

In accordance with Clause 37 (5) of the Scheme, the owner and occupier of all sites included in the Heritage List will be notified in writing of the adoption of that site on the Heritage List.

OFFICER COMMENT

Submissions

Submissions have been categorised according to their intent and will be generally addressed as follows:

MHI

Submissions with further information for existing entries in the MHI were publicly encouraged, and the detail of these submissions will be further assessed and the Municipal Heritage Inventory updated accordingly. As a live and non-statutory document, corrections to existing listings within the MHI will be undertaken by officers and Council resolution in this regard is not required.

Nominations

Enquiries and submissions nominating new sites occur on an irregular basis and have been recorded for reference as part of a future review process. A number of submissions nominating new sites, including by the landowners themselves, have been received as part of this most recent advertising process also. Officers will assess and report to the Council regarding potential inclusions on the MHI and Heritage List later in the 2014/15 year alongside other matters.

Heritage List (Object/ Support)

Submissions received which raise support or object to the listing of a particular property are presented to the Council for consideration in adopting the Heritage List, as summarised in Attachment A. Advice provided by the City’s Heritage Advisor in relation to submissions received is also included in this Attachment.

Three submissions request consideration of a change in management category to category 3. Note that this would then allow demolition to occur without any requirement for planning approval or assessment. In exercising this quasi-judicial planning function, officers undertake assessment of sites and submissions in consideration of the advice of the City’s Heritage Advisor and in accordance with the Heritage Council’s Criteria for the Assessment of Local Heritage Places and Areas and the principles of the Burra Charter. As such, officers are not of the opinion that any of these three submissions have provided heritage information or assessment in evidence that the current listing or management category is not appropriate.

The Council’s consideration of adopting or amending the Heritage List has presented an opportunity for aggrieved landowners to appeal the listing of their property, however it is noted that no appeal right exists for a site once it is listed on the State Heritage Register. In relation to the conditions or refusal of any development or subdivision proposal on the grounds of heritage conservation, landowners may request the City’s reconsideration or appeal to the Statutory Administrative Tribunal in the same manner as any other application.

Heritage Review Process

A number of matters are proposed to be addressed by further review work, as discussed below. A further report detailing the outcomes of this is proposed to be presented to the Council later in the 2014/15 year, with heritage matters the subject of annual reporting as required thereafter.

Regular Review and Assessment of Nominations

At present, informal nominations of heritage sites – typically through development assessment or unsolicited public submission – are not assessed for some years until the Heritage List and MHI are subject to full review. This presents the risk of places with heritage significance being developed or demolished without assessment, while the City is in receipt of advice or knowledge of the place’s potential heritage significance. While heritage conservation can be considered a general principle for planning assessment, the relevant incentives and controls in the Scheme and local planning policy are not applicable to sites not included on the Heritage List, and demolition of buildings does not require planning approval if the site is not on the Heritage List.

Officers are proposing to regularly (annually) review heritage nominations and report to the Council regarding any proposed changes to the Heritage List or updates to the MHI. This will ensure individual heritage matters are considered in a timely manner, reducing the likelihood of heritage items not being identified or identified incorrectly, and reduce the work associated with full review of the Heritage List and MHI thereby improving the City’s ability to undertake this every four years in accordance with statutory requirements.

Review of Heritage Precincts/ Areas

In accordance with the Council resolution of 27 February 2013, officers have commenced review of heritage precincts/ areas to determine the appropriateness of these listings and whether individual sites contained within should be listed separately (including relevant management categories). This will be reported back to the Council later in the 2014/15 year.

Updates to Local Planning Policy 9A

Local Planning Policy 9A includes a number of Scheme and Heritage List references that require updating and the description linked to management categories also requires some review. As noted in one submission, the Category 4 and 5 descriptions in the Policy (and MHI in reflection of this) are somewhat inaccurate and confusing, particularly in referencing sites as being without built features. This policy will be reviewed and a draft revised policy presented back to the Council later in the 2014/15 year.

Classification and Management of Publicly Owned Sites

Heritage sites under the ownership or management of local and state government have been included under Category 4, as a means to identify that different management considerations apply. One submission notes the importance of perceived equity in approaching the management of publicly owned heritage properties opposed to those in private ownership, and the difficulty in identifying the relative importance of sites, which could result in a lack of certainty when determining an appropriate level of heritage consideration relevant to future projects.

While works undertaken by the State Government are typically exempt from local planning requirements (under the Public Works Act), they are also subject to various other other State policy requirements, which includes consideration of local heritage listing in relation to property disposal. For the City, an Operational Practice Procedure (OPP) currently under preparation will clarify internal procedures for development assessment and consultation in relation to City owned and managed land, and consideration of heritage matters will be built into this process. In all cases, works to sites on the State Heritage Register are also subject to the approval of the Heritage Council of Western Australia.

In response officers propose to:

* Register the existence of a conservation plan or similar instrument relating to City managed sites on the MHI;

* Review City managed sites with heritage advice to determine whether supporting information – in the form of guidance notes, a conservation plan or other instrument – might be necessary to support the conservation of heritage significance at the site.

Heritage Conservation Incentives

In accordance with Clause 34 (22) of the Scheme, the City may agree to vary any provision of the Scheme in support of a heritage conservation outcome in relation to a site on the Heritage List and this is occasionally called upon in relation to development and subdivision proposals.

The City has also provided rate concessions for agreed conservation works on heritage listed properties. One request (Lot 1 (50) Membenup Road) was recently received for a rate concession following the expiry of the previous agreement. There have been no other requests in the past five years.

It is timely for Council to review the effectiveness of the current incentives/concessions. A report to Council on the merit of existing and potential heritage conservation incentives will be provided later in 2014. This will allow for potential incentives to be further investigated and costed, as well as the opportunity to consider the outcomes of the Heritage Council of Western Australia’s review of their ‘Heritage Loan Subsidy Scheme’ (pending).

Heritage Advisory Committee

The report of 27 February 2013 included a resolution for the consideration of consultation outcomes by the former Heritage Advisory Committee, which was involved early in the heritage review process. This has not taken place on account of this committee not operating since 2012 or currently being formed and endorsed as a formal committee of the Council.

With the proposed adoption of the Heritage List, the largest part of this review process will be completed and officers suggest there is no regular role for this committee. Further steps, including the regular review of nominated changes to the Heritage List, are proposed to be reported to the Council on an annual basis.

Proposed Rating Concession – Membenup Homestead

Membenup Homestead is a substantial single storey limestone residence built circa 1861, and is listed on the City’s MHI and draft Heritage List as a Category 2 site. The site has previously been the subject of a 5 year Heritage Agreement and rating concession, and the landowners have proposed to undertake further conservation works.

Officers and the City’s Heritage Advisor have assessed the proposed heritage conservation works to Membenup Homestead (Attachment B) and are of the opinion that the granting of a rates concession under the current policy framework is warranted, however recommend that this agreement is limited to a period of one year in the context of the proposed review of heritage incentives.

Previous concessions have been undertaken with a supporting legal agreement to provide for conditions associated with the completion of works, as a practice generally referred to in the Local Planning Policy. However due to the cost of preparing an agreement relative to the concession proposed, it is proposed to grant this concession subject to a supportive Council resolution only. The owners of this property have demonstrated a commitment over the previous five year agreement and officers suggest it is unlikely that eiligibility for future incentives will be willingly compromised in this case.

Officers will not generally support any further concessions until the review of incentive mechanisms has been completed.

CONCLUSION

It is recommended that the Council finally adopt the Heritage List and provide notification as detailed, endorse the Schedule of Submissions and revised Municipal Heritage Inventory, and note further review of heritage planning matters as per the Officer Recommendation.

OPTIONS

The Council may consider various other options, including resolving to exclude certain sites from adoption of the Heritage List based on the public submissions provided. As discussed in the ‘Officer Comment’ section and Attachment B of this report, officers do not recommend any sites are excluded from the Heritage List as advertised based on the submissions received.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Notice of the adoption of the Heritage List will occur within one month of the Council resolution.

Granting of a rates concession for Lot 1 (No. 50) Membenup Road, Wonnerup will occur as part of the issue of rating notices generally within one month of the Council resolution.

Further review of the planning framework in relation to heritage matters will be reported to the Council later in the 2014/15 year.

OFFICER RECOMMENDATION

That the Council:

1. Pursuant to Clause 37 of District Town Planning Scheme 20, adopts the Heritage List as follows, and:

a. Publishes notice of the adoption of the Heritage List once in a local newspaper circulating in the District;

b. In accordance with Clause 37 (5) of the Scheme, notifies in writing the owners and occupiers of all sites included in the Heritage List;

c. Maintains a copy of the Heritage List with the District Town Planning Scheme documents for public inspection.

DRAFT HERTAGE LIST

The following draft Heritage List has been adopted by the Council pursuant to Clause 37 of District Town Planning Scheme No. 20.

PLACE NAME	LOCATION	MHI REFERENCE
Newtown House	5850 Bussell Highway ABBEY	PN110
Little Holland House	Lot 42 Farm House Court BOVELL	PN093
Fairlawn Farmhouse And Outbuildings	39 Chapman Hill Road BOVELL	PN084
Cattle Chosen Farmhouse Site	12 Drovers Road BOVELL	PN076
Drive-In Cinema	500 Bussell Highway BROADWATER	PN172
A. R. Bovell & Son	42 Queen Street BUSSELTON	PN157
No. 7 Albert Street	7 Albert Street BUSSELTON	PN160
Commercial Premises, Albert St. Grocer & Baker	17 Albert Street BUSSELTON	PN163
Kent Street House. No 95	95 Kent Street BUSSELTON	PN164
Duchess Street Duplex	33 & 35 Duchess Street BUSSELTON	PN166
Busselton Early Childcare Centre (Dr Yates’ House)	15 Albert Street BUSSELTON	PN161
Armstrong Cottage	2 Adelaide Street BUSSELTON	PN002
Commercial Hotel	107-117 Queen Street BUSSELTON	PN018
Bovell's Cottage	11 Adelaide Street BUSSELTON	PN006
Esplanade Hotel	30-38 Marine Terrace BUSSELTON	PN022
Kent St Dwelling (Yoonderup)	71 Kent Street BUSSELTON	PN028
Sussex House Commercial Building	89 Queen Street BUSSELTON	PN055
The Retreat / Doctors' Surgery	23 Albert Street BUSSELTON	PN057
Lady Campion Hostel	27 Adelaide Street BUSSELTON	PN030
Prospect Villa Dwelling	4 Pries Avenue BUSSELTON	PN040
Villa Carlotta Dwelling	110 Adelaide Street BUSSELTON	PN059
Ship Hotel Site	8 Albert Street BUSSELTON	PN043
Ship Hotel Stable	8 Albert Street BUSSELTON	PN044
St. Davitt's House/Early Cammilleri Residence	27 Georgette Street BUSSELTON	PN047
St. Joseph's Church	70 Kent Street BUSSELTON	PN048
St Joseph’s Church (Former Site)	69 Prince Street BUSSELTON	PN049
St. Mary's Church And Graveyard	39 Peel Terrace BUSSELTON	PN051
St. Mary's Church Rectory	43 Peel Terrace BUSSELTON	PN053
Kent Street House. No. 39	39 Kent Street BUSSELTON	PN162
Duchess Street House. No.43	43 Duchess Street BUSSELTON	PN165
Bryant Memorial Hall	47 Kent Street BUSSELTON	PN173
Glew Homestead	51 Strelly Street BUSSELTON	PN178
Paterson’s House	15 Adelaide Street BUSSELTON	PN181
Duchess Street House. No.31	31 Duchess Street BUSSELTON	PN167
Doll’s House	39 Albert Street BUSSELTON	PN174
Adelaide St Duplex. No. 6 &8	6 & 8 Adelaide Street BUSSELTON	PN175
Kershaw’s House	16 Prince Street BUSSELTON	PN185
Vasse Hotel	38 Duchess Street BUSSELTON	PN058
Carbunup Shop	6672 Bussell Highway CARBUNUP RIVER	PN074
St. George’s Anglican Church	50 Gibney Street DUNSBOROUGH	PN080
Hutchings Museum formerly Blythe's house	8 Newberry Road DUNSBOROUGH	PN087
Beachgrove Dwelling	49 Ford Road GEOGRAPHE	PN005
Sandilands Dwelling	59 Ford Road GEOGRAPHE	PN042
Old Railway Goods Shed	308 Payne Road KALOORUP	PN197
Marybrook Farmhouse And Grave Site -Bunbury Family	Lot 60 Marybrook Road MARYBROOK	PN097
St. John the Baptist Anglican Church	3 Metricup Road METRICUP	PN126
Wildcroft Cottage	1972 Caves Road NATURALISTE	PN140
Slab Cottage, Harwood’s Café & Quindalup Post Office	1087 Caves Road QUINDALUP	PN170
Parkfield House	378 Mewett Road QUINDALUP	PN113
The Clamps House	9A Ollis Street QUINDALUP	PN129
Chapman’s Mill (Inlet Park Farm)	71 Tall Tree Crescent REINSCOURT	PN079
Pigeon Grove Homestead	26 Barracks Drive REINSCOURT	PN114
Rushleigh Homestead	46 Rushleigh Road REINSCOURT	PN182
Westbrook Homestead	Lots 40 and 84 Westbrook Glen VASSE	PN139
Fernbrook	663 Rendezvous Road VASSE	PN202
Old Broadwater Farm Homestead	56 New River Ramble WEST BUSSELTON	PN007
Customs Officers House And Police Station -'the Gulch'	22 Kent Street WEST BUSSELTON	PN021
Phoebe Abbey's Farmhouse	42 Seymour Street WEST BUSSELTON	PN038
Sussex Masonic Lodge	60 West Street WEST BUSSELTON	PN056
Paisley Cottage	37 Bussell Highway WEST BUSSELTON	PN037
Silver Chain Administration Offices	58 West Street WEST BUSSELTON	PN045
West Street House	28 West Street WEST BUSSELTON	PN158
Busselton Vet Clinic	41 Bussell Highway WEST BUSSELTON	PN184
Lockeville Farmhouse & St Mary’s Church Hall	770 Layman Road WONNERUP	PN094
Wonnerup House & Grounds	935 Layman Road WONNERUP	PN144
Wonnerup School & Teachers House	936 Layman Road WONNERUP	PN146
The Island Farmhouse	174 Forrest Beach Road WONNERUP	PN134
Beachborough Homestead	434 Forrest Beach Road WONNERUP	PN176
Membenup Homestead	50 Membenup Road WONNERUP	PN180
Abbey Farm	57 Abbeys Farm Road YALLINGUP	PN062
Caves House	1/18 Yallingup Beach Road YALLINGUP	PN077
Millbrook Farm	70 Millbrook Road YALLINGUP	PN102
Millbrook Water Mill	70 Millbrook Road YALLINGUP	PN103
Sienna Restaurant	2 & 8 Canal Rocks Road YALLINGUP	PN130
Yallingup Precinct Area; Caves, Caves House, Store, Hall, Power House and Farm	18 & 23 Yallingup Beach Road YALLINGUP, 2259 & 2305 Caves Road YALLINGUP	PN150
Former Mill and associated cottages	15 Lyddy Road YALYALUP	PN204

2. Endorses the Schedule of Submissions prepared in response to the community consultation undertaken in relation to the Heritage List and Municipal Heritage Inventory.

3. Notes further review of the planning framework relating to heritage matters as follows, the results of which to be reported back to the Council later in the 2014/15 year:

a. Review heritage precincts and other sites covering large geographical areas to assess the appropriateness of listings and management categories, and whether sites within these areas should be individually listed;

b. Assess newly nominated sites for potential inclusion on the Municipal Heritage Inventory and Heritage List;

c. Review Local Planning Policy 9A, including revision of management category descriptions;

d. Review internal planning, processes and policies regarding heritage sites under public management;

e. Investigate current and potential heritage conservation incentive schemes, including costs.

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

4. Grants a 50% rating concession for the 2014/15 rating year for the completion of proposed heritage conservation works in respect to Lot 1 (No. 50) Membenup Road, Wonnerup.

Note: Officers presented an Alternative Recommendation for Council consideration, recommending that Item 1, the Heritage List proposed for final adoption be amended to include reference to the management categories currently designated in the Municipal Heritage Inventory. Officers also recommended that the Former Mill and associated cottages at 15 Lyddy Road, Yalyalup (PN204) be amended from 2 to 3. Also, within Item 2, Officers have amended a typographical error in referencing Attachment A.

ALTERNATIVE OFFICER RECOMMENDATION

That the Council:

1. Pursuant to Clause 37 of District Town Planning Scheme 20, adopts the Heritage List as follows, and:

a. Publishes notice of the adoption of the Heritage List once in a local newspaper circulating in the District;

b. In accordance with Clause 37 (5) of the Scheme, notifies in writing the owners and occupiers of all sites included in the Heritage List;

c. Maintains a copy of the Heritage List with the District Town Planning Scheme documents for public inspection.

HERTAGE LIST

The following Heritage List is adopted by the Council pursuant to Clause 37 of District Town Planning Scheme No. 20:

PLACE NAME	LOCATION	MHI REFERENCE	MANAGEMENT CATEGORY
Newtown House	5850 Bussell Highway ABBEY	PN110	1
Little Holland House	Lot 42 Farm House Court BOVELL	PN093	1
Fairlawn Farmhouse And Outbuildings	39 Chapman Hill Road BOVELL	PN084	2
Cattle Chosen Farmhouse Site	12 Drovers Road BOVELL	PN076	1
Drive-In Cinema	500 Bussell Highway BROADWATER	PN172	3 (previously 2)
A. R. Bovell & Son	42 Queen Street BUSSELTON	PN157	2
No. 7 Albert Street	7 Albert Street BUSSELTON	PN160	2
Commercial Premises, Albert St. Grocer & Baker	17 Albert Street BUSSELTON	PN163	2
Kent Street House. No 95	95 Kent Street BUSSELTON	PN164	2
Duchess Street Duplex	33 & 35 Duchess Street BUSSELTON	PN166	2
Busselton Early Childcare Centre (Dr Yates’ House)	15 Albert Street BUSSELTON	PN161	1
Armstrong Cottage	2 Adelaide Street BUSSELTON	PN002	2
Commercial Hotel	107-117 Queen Street BUSSELTON	PN018	2
Bovell's Cottage	11 Adelaide Street BUSSELTON	PN006	1
Esplanade Hotel	30-38 Marine Terrace BUSSELTON	PN022	1
Kent St Dwelling (Yoonderup)	71 Kent Street BUSSELTON	PN028	1
Sussex House Commercial Building	89 Queen Street BUSSELTON	PN055	2
The Retreat / Doctors' Surgery	23 Albert Street BUSSELTON	PN057	2
Lady Campion Hostel	27 Adelaide Street BUSSELTON	PN030	1
Prospect Villa Dwelling	4 Pries Avenue BUSSELTON	PN040	1
Villa Carlotta Dwelling	110 Adelaide Street BUSSELTON	PN059	1
Ship Hotel Site	8 Albert Street BUSSELTON	PN043	1
Ship Hotel Stable	8 Albert Street BUSSELTON	PN044	1
St. Davitt's House/Early Cammilleri Residence	27 Georgette Street BUSSELTON	PN047	1
St. Joseph's Church	70 Kent Street BUSSELTON	PN048	1
St Joseph’s Church (Former Site)	69 Prince Street BUSSELTON	PN049	3
St. Mary's Church And Graveyard	39 Peel Terrace BUSSELTON	PN051	1
St. Mary's Church Rectory	43 Peel Terrace BUSSELTON	PN053	1
Kent Street House. No. 39	39 Kent Street BUSSELTON	PN162	3
Duchess Street House. No. 43	43 Duchess Street BUSSELTON	PN165	2 (previously 3)
Bryant Memorial Hall	47 Kent Street BUSSELTON	PN173	3
Glew Homestead	51 Strelly Street BUSSELTON	PN178	2 (previously 3)
Paterson’s House	15 Adelaide Street BUSSELTON	PN181	2 (previously 3)
Duchess Street House. No. 31	31 Duchess Street BUSSELTON	PN167	2
Doll’s House	39 Albert Street BUSSELTON	PN174	2
Adelaide St Duplex. No. 6 & 8	6 & 8 Adelaide Street BUSSELTON	PN175	2
Kershaw’s House	16 Prince Street BUSSELTON	PN185	2
Vasse Hotel	38 Duchess Street BUSSELTON	PN058	3
Carbunup Shop	6672 Bussell Highway CARBUNUP RIVER	PN074	3
St. George’s Anglican Church	50 Gibney Street DUNSBOROUGH	PN080	3
Hutchings Museum formerly Blythe's house	8 Newberry Road DUNSBOROUGH	PN087	3
Beachgrove Dwelling	49 Ford Road GEOGRAPHE	PN005	1
Sandilands Dwelling	59 Ford Road GEOGRAPHE	PN042	1
Old Railway Goods Shed	308 Payne Road KALOORUP	PN197	3
Marybrook Farmhouse And Grave Site -Bunbury Family	Lot 60 Marybrook Road MARYBROOK	PN097	2
St. John the Baptist Anglican Church	3 Metricup Road METRICUP	PN126	2
Wildcroft Cottage	1972 Caves Road NATURALISTE	PN140	2
Slab Cottage, Harwood’s Café & Quindalup Post Office	1087 Caves Road QUINDALUP	PN170	1
Parkfield House	378 Mewett Road QUINDALUP	PN113	2
The Clamps House	9A Ollis Street QUINDALUP	PN129	2
Chapman’s Mill (Inlet Park Farm)	71 Tall Tree Crescent REINSCOURT	PN079	1
Pigeon Grove Homestead	26 Barracks Drive REINSCOURT	PN114	2
Rushleigh Homestead	46 Rushleigh Road REINSCOURT	PN182	3
Westbrook Homestead	Lots 40 and 84 Westbrook Glen VASSE	PN139	1
Fernbrook	663 Rendezvous Road VASSE	PN202	1
Old Broadwater Farm Homestead	56 New River Ramble WEST BUSSELTON	PN007	2 (previously 1)
Customs Officers House And Police Station -'the Gulch'	22 Kent Street WEST BUSSELTON	PN021	1
Phoebe Abbey's Farmhouse	42 Seymour Street WEST BUSSELTON	PN038	1
Sussex Masonic Lodge	60 West Street WEST BUSSELTON	PN056	1
Paisley Cottage	37 Bussell Highway WEST BUSSELTON	PN037	2
Silver Chain Administration Offices	58 West Street WEST BUSSELTON	PN045	2
West Street House	28 West Street WEST BUSSELTON	PN158	2
Busselton Vet Clinic	41 Bussell Highway WEST BUSSELTON	PN184	2
Lockeville Farmhouse & St Mary’s Church Hall	770 Layman Road WONNERUP	PN094	1
Wonnerup House & Grounds	935 Layman Road WONNERUP	PN144	1
Wonnerup School & Teachers House	936 Layman Road WONNERUP	PN146	1
The Island Farmhouse	174 Forrest Beach Road WONNERUP	PN134	2
Beachborough Homestead	434 Forrest Beach Road WONNERUP	PN176	2
Membenup Homestead	50 Membenup Road WONNERUP	PN180	2
Abbey Farm	57 Abbeys Farm Road YALLINGUP	PN062	1
Caves House	1/18 Yallingup Beach Road YALLINGUP	PN077	1
Millbrook Farm	70 Millbrook Road YALLINGUP	PN102	1
Millbrook Water Mill	70 Millbrook Road YALLINGUP	PN103	1
Sienna Restaurant	2 & 8 Canal Rocks Road YALLINGUP	PN130	3
Yallingup Precinct Area; Caves, Caves House, Store, Hall, Power House and Farm	18 & 23 Yallingup Beach Road YALLINGUP, 2259 & 2305 Caves Road YALLINGUP	PN150	2
Former Mill and associated cottages	15 Lyddy Road YALYALUP	PN204	3 (previously 2)

2. Endorses the Summary of Submissions at Attachment A prepared in response to the community consultation undertaken in relation to the Draft Heritage List and Municipal Heritage Inventory.

3. Notes further review of the planning framework relating to heritage matters as follows, the results of which to be reported back to the Council later in the 2014/15 year:

b. Assess newly nominated sites for potential inclusion on the Municipal Heritage Inventory and Heritage List;

c. Review Local Planning Policy 9A, including revision of management category descriptions;

d. Review internal planning, processes and policies regarding heritage sites under public management;

e. Investigate current and potential heritage conservation incentive schemes, including costs.

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

4. Grants a 50% rating concession for the 2014/15 rating year for the completion of proposed heritage conservation works in respect to Lot 1 (No. 50) Membenup Road, Wonnerup.

AMENDMENT

Moved Councillor Green, seconded Councillor McCallum:

That the “Clamps” House be removed from the Heritage List and the Municipal Heritage Inventory and a plaque be placed on the kerb indicating and recognising that the property was once owned by the Clamps family.

CARRIED 6/1

FOR	AGAINST
Cr Green	Cr Stubbs
Cr McCallum
Cr Henley
Cr Bleechmore
Cr Tuffin
Cr Bennett

AMENDMENT

Moved Councillor Tuffin, seconded Councillor Henley:

That the “Clamps” House be reclassified to a category 3 to give the owners considerable control over what happens to the building.

LOST 3/4

FOR	AGAINST
Cr Tuffin	Cr McCallum
Cr Henley	Cr Bleechmore
Cr Stubbs	Cr Bennett
	Cr Green

AMENDMENT

Moved Councillor Best, seconded Councillor McCallum:

That the property on 15 Lyddy Road, Yalyalup become a Category 5 instead of a category 2 and not be included on the Heritage list.

CARRIED 6/1

FOR	AGAINST
Cr Green	Cr Stubbs
Cr McCallum
Cr Henley
Cr Bleechmore
Cr Tuffin
Cr Bennett

COUNCIL DECISION

ALTERNATIVE OFFICER RECOMMENDATION

That the Council:

1. Pursuant to Clause 37 of District Town Planning Scheme 20, adopts the Heritage List as follows, and:

a. Publishes notice of the adoption of the Heritage List once in a local newspaper circulating in the District;

b. In accordance with Clause 37 (5) of the Scheme, notifies in writing the owners and occupiers of all sites included in the Heritage List;

c. Maintains a copy of the Heritage List with the District Town Planning Scheme documents for public inspection.

HERTAGE LIST

The following Heritage List is adopted by the Council pursuant to Clause 37 of District Town Planning Scheme No. 20:

PLACE NAME	LOCATION	MHI REFERENCE	MANAGEMENT CATEGORY
Newtown House	5850 Bussell Highway ABBEY	PN110	1
Little Holland House	Lot 42 Farm House Court BOVELL	PN093	1
Fairlawn Farmhouse And Outbuildings	39 Chapman Hill Road BOVELL	PN084	2
Cattle Chosen Farmhouse Site	12 Drovers Road BOVELL	PN076	1
Drive-In Cinema	500 Bussell Highway BROADWATER	PN172	3 (previously 2)
A. R. Bovell & Son	42 Queen Street BUSSELTON	PN157	2
No. 7 Albert Street	7 Albert Street BUSSELTON	PN160	2
Commercial Premises, Albert St. Grocer & Baker	17 Albert Street BUSSELTON	PN163	2
Kent Street House. No 95	95 Kent Street BUSSELTON	PN164	2
Duchess Street Duplex	33 & 35 Duchess Street BUSSELTON	PN166	2
Busselton Early Childcare Centre (Dr Yates’ House)	15 Albert Street BUSSELTON	PN161	1
Armstrong Cottage	2 Adelaide Street BUSSELTON	PN002	2
Commercial Hotel	107-117 Queen Street BUSSELTON	PN018	2
Bovell's Cottage	11 Adelaide Street BUSSELTON	PN006	1
Esplanade Hotel	30-38 Marine Terrace BUSSELTON	PN022	1
Kent St Dwelling (Yoonderup)	71 Kent Street BUSSELTON	PN028	1
Sussex House Commercial Building	89 Queen Street BUSSELTON	PN055	2
The Retreat / Doctors' Surgery	23 Albert Street BUSSELTON	PN057	2
Lady Campion Hostel	27 Adelaide Street BUSSELTON	PN030	1
Prospect Villa Dwelling	4 Pries Avenue BUSSELTON	PN040	1
Villa Carlotta Dwelling	110 Adelaide Street BUSSELTON	PN059	1
Ship Hotel Site	8 Albert Street BUSSELTON	PN043	1
Ship Hotel Stable	8 Albert Street BUSSELTON	PN044	1
St. Davitt's House/Early Cammilleri Residence	27 Georgette Street BUSSELTON	PN047	1
St. Joseph's Church	70 Kent Street BUSSELTON	PN048	1
St Joseph’s Church (Former Site)	69 Prince Street BUSSELTON	PN049	3
St. Mary's Church And Graveyard	39 Peel Terrace BUSSELTON	PN051	1
St. Mary's Church Rectory	43 Peel Terrace BUSSELTON	PN053	1
Kent Street House. No. 39	39 Kent Street BUSSELTON	PN162	3
Duchess Street House. No. 43	43 Duchess Street BUSSELTON	PN165	2 (previously 3)
Bryant Memorial Hall	47 Kent Street BUSSELTON	PN173	3
Glew Homestead	Lot 19 Strelley Street BUSSELTON	PN178	2 (previously 3)
Paterson’s House	15 Adelaide Street BUSSELTON	PN181	2 (previously 3)
Duchess Street House. No. 31	31 Duchess Street BUSSELTON	PN167	2
Doll’s House	39 Albert Street BUSSELTON	PN174	2
Adelaide St Duplex. No. 6 & 8	6 & 8 Adelaide Street BUSSELTON	PN175	2
Kershaw’s House	16 Prince Street BUSSELTON	PN185	2
Vasse Hotel	38 Duchess Street BUSSELTON	PN058	3
Carbunup Shop	6672 Bussell Highway CARBUNUP RIVER	PN074	3
St. George’s Anglican Church	50 Gibney Street DUNSBOROUGH	PN080	3
Hutchings Museum formerly Blythe's house	8 Newberry Road DUNSBOROUGH	PN087	3
Beachgrove Dwelling	49 Ford Road GEOGRAPHE	PN005	1
Sandilands Dwelling	59 Ford Road GEOGRAPHE	PN042	1
Old Railway Goods Shed	308 Payne Road KALOORUP	PN197	3
Marybrook Farmhouse And Grave Site -Bunbury Family	Lot 60 Marybrook Road MARYBROOK	PN097	2
St. John the Baptist Anglican Church	3 Metricup Road METRICUP	PN126	2
Wildcroft Cottage	1972 Caves Road NATURALISTE	PN140	2
Slab Cottage, Harwood’s Café & Quindalup Post Office	1087 Caves Road QUINDALUP	PN170	1
Parkfield House	378 Mewett Road QUINDALUP	PN113	2
~~The Clamps House~~	~~9A Ollis Street QUINDALUP~~	~~PN129~~	2
Chapman’s Mill (Inlet Park Farm)	71 Tall Tree Crescent REINSCOURT	PN079	1
Pigeon Grove Homestead	26 Barracks Drive REINSCOURT	PN114	2
Rushleigh Homestead	46 Rushleigh Road REINSCOURT	PN182	3
Westbrook Homestead	Lots 40 and 84 Westbrook Glen VASSE	PN139	1
Fernbrook	663 Rendezvous Road VASSE	PN202	1
Old Broadwater Farm Homestead	56 New River Ramble WEST BUSSELTON	PN007	2 (previously 1)
Customs Officers House And Police Station -'the Gulch'	22 Kent Street WEST BUSSELTON	PN021	1
Phoebe Abbey's Farmhouse	42 Seymour Street WEST BUSSELTON	PN038	1
Sussex Masonic Lodge	60 West Street WEST BUSSELTON	PN056	1
Paisley Cottage	37 Bussell Highway WEST BUSSELTON	PN037	2
Silver Chain Administration Offices	58 West Street WEST BUSSELTON	PN045	2
West Street House	28 West Street WEST BUSSELTON	PN158	2
Busselton Vet Clinic	41 Bussell Highway WEST BUSSELTON	PN184	2
Lockeville Farmhouse & St Mary’s Church Hall	770 Layman Road WONNERUP	PN094	1
Wonnerup House & Grounds	935 Layman Road WONNERUP	PN144	1
Wonnerup School & Teachers House	936 Layman Road WONNERUP	PN146	1
The Island Farmhouse	174 Forrest Beach Road WONNERUP	PN134	2
Beachborough Homestead	434 Forrest Beach Road WONNERUP	PN176	2
Membenup Homestead	50 Membenup Road WONNERUP	PN180	2
Abbey Farm	57 Abbeys Farm Road YALLINGUP	PN062	1
Caves House	1/18 Yallingup Beach Road YALLINGUP	PN077	1
Millbrook Farm	70 Millbrook Road YALLINGUP	PN102	1
Millbrook Water Mill	70 Millbrook Road YALLINGUP	PN103	1
Sienna Restaurant	2 & 8 Canal Rocks Road YALLINGUP	PN130	3
Yallingup Precinct Area; Caves, Caves House, Store, Hall, Power House and Farm	18 & 23 Yallingup Beach Road YALLINGUP, 2259 & 2305 Caves Road YALLINGUP	PN150	2
~~Former Mill and associated cottages~~	~~15 Lyddy Road YALYALUP~~	~~PN204~~	~~3 (previously 2)~~

2. Endorses the Summary of Submissions at Attachment A prepared in response to the community consultation undertaken in relation to the Draft Heritage List and Municipal Heritage Inventory.

3. Notes further review of the planning framework relating to heritage matters as follows, the results of which to be reported back to the Council later in the 2014/15 year:

b. Assess newly nominated sites for potential inclusion on the Municipal Heritage Inventory and Heritage List;

c. Review Local Planning Policy 9A, including revision of management category descriptions;

d. Review internal planning, processes and policies regarding heritage sites under public management;

e. Investigate current and potential heritage conservation incentive schemes, including costs.

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

4. Grants a 50% rating concession for the 2014/15 rating year for the completion of proposed heritage conservation works in respect to Lot 1 (No. 50) Membenup Road, Wonnerup.

SUBJECT INDEX:	Community Services
STRATEGIC OBJECTIVE:	A City where the community has access to quality cultural, recreation, leisure facilities and services.
BUSINESS UNIT:	Community Services
ACTIVITY UNIT:	Community Development
REPORTING OFFICER:	Community Development Coordinator - Jeremy O’Neill
AUTHORISING OFFICER:	Director, Community and Commercial Services - Naomi Searle
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Attachment a Draft Community Facilities Booking Policy ⇨ Attachment b Use of Sports Grounds Policy ⇨

SUBJECT INDEX:	Councillors' Information
STRATEGIC OBJECTIVE:	Governance systems that deliver responsible, ethical and accountable decision-making.
BUSINESS UNIT:	Executive Services
ACTIVITY UNIT:	Executive Services
REPORTING OFFICER:	Reporting Officers - Various .
AUTHORISING OFFICER:	Chief Executive Officer - Mike Archer
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Attachment a Report detailing planning applications received ⇨ Attachment b Report detailing planning applications determined ⇨

SUBJECT INDEX:	Local Planning Strategy
STRATEGIC OBJECTIVE:	Environment and climate change risks and impacts are understood and managed.
BUSINESS UNIT:	Development Services; Environmental Services
ACTIVITY UNIT:	Strategic Planning
REPORTING OFFICER:	Director, Planning and Development Services - Paul Needham
AUTHORISING OFFICER:	Director, Planning and Development Services - Paul Needham
VOTING REQUIREMENT:	Simple Majority
ATTACHMENTS:	Attachment a Published Under Separate Cover Confidential Peron-Naturaliste Partnership Memorandum of Understanding Attachment b Published Under Separate Cover Confidential Executive Summary of Coastal Hazard Mapping for Economic Analysis of Climate Change Adaptation in the Peron-Naturaliste Region (Damara) Attachment c Published Under Separate Cover Confidential Executive Summary of Climate Change Adaptation Options Assessment - Developing flexible adaptation pathways for the Peron-Naturaliste Region of Western Australia (ACIL Tasman/Damara) Attachment d Published Under Separate Cover Confidential Interim/Summary Report on Google Earth Results from 'Community Awareness of Coastal Adaptation to Climate Change in Busselton' Workshop (Curtin University) Attachment e Published Under Separate Cover Confidential Development of a Pilot Coastal Community Adaptation Awareness Plan for City of Busselton (ACCARNSI) Attachment f Published Under Separate Cover Confidential Shire of Busselton Coastal Erosion Study - Assessment of Climate Change Impacts (Damara) Attachment g Published Under Separate Cover Confidential Mapping associated with Attachment F Attachment h Published Under Separate Cover Confidential Previous modelling mapping as per March 2010 report Attachment i Published Under Separate Cover Confidential Historical shoreline movement map example Attachment j Published Under Separate Cover Confidential Coastal Protection Management Plan (Shore Coastal) Attachment k Published Under Separate Cover Confidential Sea Change Taskforce Coastal Councils Climate Change Legal Risks Report (Part A) (Beatty Legal) Attachment l Published Under Separate Cover Confidential Sea Change Taskforce Coastal Councils Climate Change Legal Risks Report (Part B) (Beatty Legal) Attachment m Published Under Separate Cover Confidential Proposed Interim Coastal Risk Assessment Line