COB-RGB

 

 

 

 

 

Council  Agenda

 

 

 

27 August 2014

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 27 August 2014

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council  will be held in the the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 27 August 2014, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

18 August 2014


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 27 August 2014

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 5

2....... Attendance. 5

Apologies. 5

Approved Leave of Absence. 5

3....... Prayer. 5

4....... Public Question Time. 5

Response to Previous Questions Taken on Notice. 5

Public Question Time. 5

5....... Announcements Without Discussion.. 5

Announcements by the Presiding Member. 5

Announcements by other Members at the invitation of the Presiding Member. 5

6....... Application for Leave of Absence. 5

7....... Petitions and Presentations. 5

8....... Disclosure Of Interests. 5

9....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

9.1          Minutes of the Council  held on 13 August 2014. 5

Committee Meetings. 5

9.2          Minutes of a meeting of the Finance Committee held on 7 August 2014. 5

9.3          Minutes of a meeting of the Community Resource Centre Managment Committee held on 05 August 2014. 6

10..... Reports of Committee. 7

10.1        Finance Committee - 7/08/2014 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 JUNE 2014. 7

10.2        Finance Committee - 7/08/2014 - LIST OF PAYMENTS MADE - JUNE 2014. 39

10.3        Finance Committee - 7/08/2014 - MEELUP REGIONAL PARK FAUNA SURVEY. 70

11..... Planning and Development Services Report. 74

11.1        AMENDMENT 2 TO LOCAL PLANNING SCHEME 21 – INTRODUCTION OF A SPECIAL PROVISION AREA TO PERMIT AN UNRESTRICTED LENGTH OF STAY – FORTE CAPE VIEW APARTMENTS - CONSIDERATION FOR INITIATION.. 74

12..... Engineering and Work Services Report. 83

Nil

13..... Community and Commercial Services Report. 84

13.1        2014/15 COMMUNITY BIDS - FIRST ROUND ALLOCATIONS. 84

13.2        COMMUNITY SPORT & RECREATION FACILITIES FUND – SMALL GRANT ROUND APPLICATIONS WINTER. 97

14..... Finance and Corporate Services Report. 141

14.1        COMMUNITY HALLS FUTURE USE AND MANAGEMENT REVIEW... 141

14.2        UNDERTAKINGS IN RELATION TO CITY OF BUSSELTON JETTIES LOCAL LAW 2014. 169

15..... Chief Executive Officer's Report. 173

15.1        COUNCILLORS' INFORMATION BULLETIN.. 173

16..... Motions of which Previous Notice has been Given.. 405

Nil

17..... Confidential Reports. 405

Nil

18..... Questions from Members. 405

19..... Public Question Time. 405

20..... Next Meeting Date. 405

21..... Closure. 405

 


Council                                                                                      5                                                                    27 August 2014

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

Nil

Approved Leave of Absence

 

Nil

3.               Prayer

4.               Public Question Time

Response to Previous Questions Taken on Notice 

Public Question Time

5.               Announcements Without Discussion

Announcements by the Presiding Member 

Announcements by other Members at the invitation of the Presiding Member

6.               Application for Leave of Absence

7.               Petitions and Presentations 

8.               Disclosure Of Interests

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 13 August 2014

Recommendation

That the Minutes of the Council  Meeting held 13 August 2014 be confirmed as a true and correct record.

 

Committee Meetings

9.2             Minutes of a meeting of the Finance Committee held on 7 August 2014

 

RECOMMENDATION

 

1)    That the minutes of a meeting of the Finance Committee held on 7 August 2014 be received.

2)    That the Council notes the outcomes of the Finance Committee meeting held on 7 August 2014 being:

a) The Committee noted the Information Bulletin – June 2014.

b) The Financial Activity Statements – June 2014 Item is presented for Council consideration at Item 10.1 of this agenda.

c) The List of Payments Made – June 2014 Item is presented for Council consideration at Item 10.2 of this agenda.

d) The Meelup Regional Park Fauna Survey is presented for Council consideration at item 10.3 of this agenda.

 

 

9.3             Minutes of a meeting of the Community Resource Centre Managment Committee held on 05 August 2014

 

RECOMMENDATION

 

1)         That the minutes of a meeting of the Community Resource Centre Management                Committee held on 5 August 2014 be received.

2)         That the Council notes the outcomes of the Community Resource Centre Management Committee held on 5 August 2014 being:

a)            The Risk & OHS Officer provided an update on the draft emergency          management plan.

b)            The Property and Corporate Compliance Coordinator provided the Committee with a general  operational update regarding the Centre.  

 

 

 

 


Council                                                                                      7                                                                    27 August 2014

10.             Reports of Committee

10.1           Finance Committee - 7/08/2014 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 JUNE 2014

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

BUSINESS UNIT:

Finance and Information Technology

ACTIVITY UNIT:

Finance

REPORTING OFFICER:

Manager, Finance and Information Technology - Darren Whitby

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Financial Activity Statements – Period Ending 30 June 2014  

 

This item was considered by the Finance Committee at its meeting on 7 August 2014, the recommendations from which have been included in this report. 

 

It should be noted that the pages relating to the Statement of Financial Activity, Net Current Position and the Capital Acqusition Report – Property and Plant Equipment were omitted from the Financial Activity Statements attachment due to a technical error. The pages are now incorporated into Attachment A.

 

PRÉCIS

 

Pursuant to Section 6.4 of the Local Government Act (‘the Act’) and Regulation 34(4) of the Local Government (Financial Management) Regulations (‘the Regulations’), a local government is to prepare, on a monthly basis, a statement of financial activity that reports on the City’s financial performance in relation to its adopted/ amended budget.

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance for the financial year ending 30 June 2014.

 

 

BACKGROUND

 

The Regulations detail the form and manner in which financial activity statements are to be presented to the Council on a monthly basis; and are to include the following:

 

§ Annual budget estimates

§ Budget estimates to the end of the month in which the statement relates

§ Actual amounts of revenue and expenditure to the end of the month in which the statement relates

§ Material variances between budget estimates and actual revenue/ expenditure/ (including an explanation of any material variances)

§ The net current assets at the end of the month to which the statement relates (including an explanation of the composition of the net current position)

 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting of 22 July 2013, the Council adopted (C1307/185) the following material variance reporting threshold for the 2013/14 financial year:

 

That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2013/14 financial year to comprise variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/ Statement of Financial Activity report, however variances due to timing differences and/ or seasonal adjustments are to be reported on a quarterly basis.  

 

STATUTORY ENVIRONMENT

 

Section 6.4 of the Local Government Act and Regulation 34 of the Local Government (Financial Management) Regulations detail the form and manner in which a local government is to prepare financial activity statements.    

 

RELEVANT PLANS AND POLICIES

 

NA.

 

FINANCIAL IMPLICATIONS

 

Any financial implications are detailed within the context of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.3 - ‘An organisation that is managed effectively and achieves positive outcomes for the community’. The achievement of the above is underpinned by the Council strategy to ‘ensure the long term financial sustainability of Council through effective financial management’.

 

RISK ASSESSMENT

 

Risk assessments have been previously completed in relation to a number of ‘higher level’ financial matters, including timely and accurate financial reporting to enable the Council to make fully informed financial decisions. The completion of the monthly Financial Activity Statement report is a treatment/ control that assists in addressing this risk.   

 

CONSULTATION

 

NA.

 

OFFICER COMMENT

 

In order to fulfil statutory reporting requirements, and to provide the Council with a synopsis of the City’s overall financial performance on a year to date basis, the following financial reports are attached hereto:

 

§   Statement of Financial Activity

This report provides details of the City’s operating revenues and expenditures on a year to date basis, by nature and type (i.e. description). The report has been further extrapolated to include details of non-cash adjustments and capital revenues and expenditures, to identify the City’s net current position; which reconciles with that reflected in the associated Net Current Position report.

 

 

 

§   Net Current Position

This report provides details of the composition of the net current asset position on a year to date basis, and reconciles with the net current position as per the Statement of Financial Activity.

 

§   Capital Acquisition Report

This report provides year to date budget performance (by line item) in respect of the following capital expenditure activities: 

o Land and Buildings

o Plant and Equipment

o Furniture and Equipment

o Infrastructure

 

§   Reserve Movements Report

This report provides summary details of transfers to and from reserve funds, and also associated interest earnings on reserve funds, on a year to date basis. 

 

§   Reserve Transfers to Municipal Fund

This report provides specific detail in respect of expenditures being funded from reserves.  

 

Additional reports and/ or charts are also provided to further supplement the information comprised within the statutory financial reports.

 

COMMENTS ON FINANCIAL ACTIVITY TO 30 JUNE 2014

 

The City achieved a closing surplus position of $1,393K for the 2013/14 financial year. However, this figure is notionally off-set by those 2013/14 budget allocations identified for relisting in the 2014/15 draft annual budget; which reflected a net municipal funding requirement of $918K (as per the associated carry-over list). This resulted in an adjusted surplus of approximately $475K, albeit excluding potential carry-over items already included in the initial draft budget. Whilst variances were evident across all areas of the 2013/14 budget, the following table provides a summary of selected high-level and other noteworthy variances that contributed to the net closing surplus position:

 

Description

Variance

$000’s

Operating Revenue

 

Additional rates revenue (exc. specified area rates)

+$180

Additional fees & charges revenue (exc. Waste and Airport related)

+$515

Reduced municipal interest earnings

-$199

SUBTOTAL

+$496

Operating Expenditure

 

Additional legal expenses

-$512

Additional fleet expenses (inc. fuel and replacement parts etc.) 

-$208

Additional insurance and utility expenses

-$121

Unbudgeted Winderlup Court unit payout (per C1406/165)

-$55

Reduced interest payments on borrowings (exc. Reserve funding)

+$183

Reduced contract cleaning costs (organisational)

+$143

Reduced consultancy expenditure (net of grants/ carry-overs etc.)

+$115

Reduced building maintenance costs (organisational)

+$111

Reduced Regional Development Strategies expenditure

+$80

Elimination of (budgeted) Airport operating deficit (net of carry-overs)

+$47

Reduced Elected Member’s expenditure

+$40

SUBTOTAL

-$177

Capital Expenditure

 

Reduced principal payments on borrowings (exc. Reserve funding)

+$151

SUBTOTAL

+$151

 

 

TOTAL

+$470

 

Whilst by no means exhaustive, the above summary nonetheless illustrates (at a more macro level) the range and extent of budget variances that influenced the net closing surplus position. As part of its end of financial year analysis, Senior Management is presently undertaking a more micro level review of 2013/14 financial performance to identify any anomalies and/or trends requiring further investigation and possible remediation during 2014/15.

 

In terms of the Council’s adopted reporting threshold for the 2013/14 financial year, this report will provide specific commentary on those Nature and Type operating categories, and capital revenue and expenditure categories, whereby the +/- 10% reporting threshold was exceeded. However, the above table has been compiled based on the City’s financial performance across all categories, and therefore provides an encompassing synopsis of overall performance for the 2013/14 financial year.

 

Operating Activity

 

§  Operating Revenue

 

As at 30 June 2014, there was a variance of +11.5% in total operating revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Operating Grants, Subsidies and Contributions

+22%

+$870

Fees & Charges

+10%

+$1,240

Other Revenue

+36%

+$189

Non-operating Grants, Subsidies and Contributions

+32%

+$5,604

Profit on Asset Disposal

-17%

-$9

 

A summary of the above variances is provided as follows:

 

Operating Grants, Subsidies and Contributions (Variance: +$870K)

This category includes a range of activities from across the organisation, and minor variances were evident throughout the associated budget. However, the major variances included the following: 

§ The reimbursement of approximately $825K in relation to storm damage clean-up costs (January and September 2013). However, this disaster relief funding was significantly offset by the additional costs associated with the September 2013 clean-up.

§ Additional fleet management related revenue totalling approximately $49K, including Rio Tinto grant funding (apprentice), insurance reimbursements and also additional fuel rebates.    

§ The receipt of additional legal expense reimbursements totalling approximately $46K.

§ The non-receipt of a range of minor operating grants, a number of which have been relisted in the 2014/15 draft budget.   

 

Notwithstanding the value of this variance, for the most part the additional revenue offsets associated expenditures to an equivalent value. Consequently, this variance did not have any material impact on the 2013/14 closing position. 

 

Fees and Charges (Variance: +$1,240K)

The collective performance in fees and charges revenue was favourable in 2013/14, with a range of activities contributing to the overall result. The following table provides an overview of the more significant variances:    

 

Description

Budget

$000’s

Actual

$000’s

Variance

$000’s

Busselton Regional Airport Fees

$698

$1,015

+$317

Waste Management Related Fees

$6,364

$6,647

+$283

Engineering Supervision Fees

$50

$174

+$124

Building Fees

$617

$733

+$116

Geographe Leisure Centre

$1,517

$1,624

+$107

Cat and Dog Registrations

$63

$142

+$79

Naturaliste Community Centre

$143

$212

+$69

Health Services Fees

$291

$353

+$62

Property Information and Search Fees

$104

$157

+$53

TOTAL

$9,847

$11,057

+$1,210

 

Whilst the overall performance in this category favourably contributed to the 2013/14 closing position, the additional Busselton Regional Airport and Waste Management fees did not influence the surplus result. Firstly, as part of its 26 March 2014 meeting, the Council determined (C1403/075) to transfer any operating surplus attributable to the Busselton Regional Airport operations for 2013/14 to the Airport Infrastructure Renewal and Replacement Reserve at financial year end. Secondly, Council Policy 007 (Waste Management Facility and Plant Reserve – Management of Year End Position) requires that any net operating surplus attributable to waste management activities be transferred to the Waste Management Facility and Plant Reserve at financial year end; or vice versa. Consequently, $600K of the favourable variance in fees and charges revenue was essentially quarantined to reserves as at 30 June 2014.

 

Other Revenue (Variance: +$189K)

This category encapsulates a range of activities, with the variance primarily attributable to the following:  

§ Collective fines and penalties revenue fell short of annual budget estimates by approximately -$36K, with bushfire penalties (-$25K) and parking fines (-$13K) the major contributors.      

§ Unbudgeted Long Service Leave contributions from other local government authorities totalling $41K were received.

§ Registration fees totalling $31K, relating to the Local Government CEO Conference, were received.

§ An unbudgeted contribution of $15K from Rio Tinto, in respect of Youth activities (community sponsorship) was received.

§ Event related fees exceeded annual budget estimates by approximately $12K.

§ The sale of quarry rock, plus associated supervision fees, totalling $76K in respect of the Port Geographe realignment project was brought to account.

 

In respect of the above variances, in several instances the revenue was subject to offsetting expenditure and as such, had no direct impact on the closing position. However, the event fees and sale of rock supplies favourably contributed to the closing position for 2013/14.         

 

Non-operating Grants, Subsidies and Contributions (Variance: +$5,604)

Whilst reflecting a favourable variance, the performance in this category was significantly impacted by the recognition of approximately $14.2M (above budget estimates) in donated assets, along with approximately $1.5M in additional developer contributions. The exclusion of these two items resulted in a revised variance of approximately -$10.1M.

 

Councillors were recently provided with advice of the variance in donated assets, which includes, amongst others, $4M in roads, $3.4M in Parks and Gardens, and $2.6M in drainage. This is in addition to approximately $1.4M in fire tenders administered by the Department of Fire and Emergency Services. It should be noted that this variance had no direct impact on the 2013/14 closing position. Similarly, the receipt of additional developer contributions did not impact on the closing position, as these funds are transferred to Restricted Assets upon receipt.   

 

Excluding the above, the associated variance of -$10.1M was primarily attributable to the non-receipt of budgeted grant funds, including the following:

§ Busselton Foreshore related funding, including a contribution of $1M from BJECA for the Railway House project, fell short of annual budget estimates by approximately $8.2M

§ Busselton Regional Airport grant funding fell short of annual budget estimates by approximately $1.35M

§ Boat-ramp grant funding fell short of annual budget estimates by approximately $0.3M  

 

In numerous instances above, the grant funding shortfall was primarily due to timing matters, with the associated projects being relisted as part of the 2014/15 draft budget.

 

As with donated assets and developer contributions, the performance in grant funding did not have any direct impact on the closing position, as associated project works were either underspent to an equivalent amount, or not commenced in 2013/14.    

 

Profit on Asset Disposal (Variance: -$9K)

This is essentially an accounting entry only, which had no impact on the closing position. Whilst numerous individual variances to budget were evident, the overall performance was also impacted by a number of plant replacements which did not occur in 2013/14 (for which a profit on disposal was budgeted).    

  

§  Operating Expenditure

 

As at 30 June 2014, there was a variance of +1.0% in total operating expenditure, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Other Expenditure

-19%

-$660

Allocations

+14%

+$224

Interest Expenses

-51%

-$247

Loss on Asset Disposals

+41%

+$70

 

A summary of the above variances is provided as follows:

 

Other Expenditure (Variance: - $660K)

As with the ‘Other Revenue’ category, this category encapsulates a wide range of activities, and includes many minor variances. However, the major contributors to the overall variance comprised the following:

§ A deferral in donation payments totalling $300K in respect of the Women’s refuge, resulting from unforseen delays in this matter.

§ A shortfall of approximately $40K in collective Members’ related expenditure.

§ A shortfall of approximately $135K in Regional Development Strategies expenditure, including CAPEROC funding (relisted as part of the 2014/15 draft budget).

§ A shortfall in collective advertising expenditure of approximately $41K.

§ A shortfall in community consultation related expenditure of approximately $30K.

§ The unbudgeted (but Council endorsed) payout of a Winderlup Court Unit of approximately $55K.

 

Of the variances identified above, in a number of instances the allocations have been relisted in the 2014/15 draft budget. However a number of the lesser variances favourably impacted on the closing position for 2013/14. 

 

Allocations (Variance: +$224K)

In addition to administration based allocations which clear each month, this category also includes plant and overhead related allocations. Due to the nature of these line items, the activity reflects as a net offset against operating expenditure, in recognition of those expenses that are of a capital nature (and need to be recognised accordingly). The (accounting) variance was primarily due to the under-recovery in a number of operating costs incurred during 2013/14; including additional fuel and other plant related expenses. It should be noted that performance in the category has no direct impact on the closing position.  

 

Interest Expenses (Variance: -$247K)

This variance was attributable to the delay and/ or deferral in the drawdown of budget borrowing facilities. The budgeted interest repayments on these facilities, and the actual expenditure incurred as at 30 June 2014, is provided as follows:  

 

Description

Budget

$000’s

Actual

$000’s

Variance

$000’s

Land Acquisition for Parking

$95.1

$31.6

-$63.5

Geographe Leisure Centre (GLC) Extensions

$26.7

$0

-$26.7

Busselton Foreshore

$148.9

$0

-$148.9

Airport Jet Fuel Facility

$7.8

$0

-$7.8

TOTAL

$278.5

$31.6

-$246.9

 

Whilst the GLC Extensions, Airport Jet Fuel Facility and a component of the Busselton Foreshore loan facilities were drawn late in 2013/14, initial repayments on these loans are not due until September 2014.

Excluding the variance pertaining to the Land Acquisition for Parking loan facility (as loan repayments on this facility are reserve funded), the remainder of the variance (i.e. $183.4K) favourably contributed to the 2013/14 closing surplus position.        

 

Loss on Asset Disposals (Variance: +$70K)

As with Profit on Asset Disposals, this is essentially an accounting entry only, which had no impact on the closing position. Whilst numerous minor budget variances were evident, the overall variance was primarily attributable to the changeover of a number of fire tenders (which are provided by, and returned to, the Department of Fire and Emergency Services).      

 

Capital Activity

 

§  Capital Revenue

 

As at 30 June 2014, there was a variance of -30% in total capital revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Proceeds from the Sale of Assets

-15%

-$114

Proceeds from New Loans

-52%

-$4,000

Transfers from Restricted Assets

+19%

+$855

Transfers from Reserves

-35%

-$4,717

 

A summary of the above variances is provided as follows:

 

Proceeds from the Sale of Assets (Variance: -$114K)

Whilst individual variances were evident throughout the plant replacement program for 2013/14, this variance was primarily attributable to the delay/ deferral in the replacement of a number of plant items. These included a waste compactor, a tractor, a patching truck chassis and several rangers’ vehicles. Where sale proceeds had not been brought to account, it generally meant that the budgeted purchase of a plant item did also not occur. Consequently, performance in this activity did not have any direct impact on the end of financial year closing position.       

 

Proceeds from New Loans (Variance: -$4,000K)

The 2013/14 amended budget included borrowing facilities totalling $7.75M. A summary of the borrowings, including those drawn in 2013/14, is provided as follows:

 

Description

Budget

$M

Actual

$M

Variance

$M

Land Acquisition for Parking

$2.2

$1.1

-$1.1

Geographe Leisure Centre (GLC) Extensions

$1.2

$1.2

$0

Busselton Foreshore (total $4M)

- Active Playing Fields ($1.1M)

- Tennis/ Croquet Club Infrastructure ($2.1M)

- Brown Street Extension ($0.8M)

 

$1.1

$2.1

$0.8

 

$1.1

$0

$0

 

$0

-$2.1

-$0.8

Airport Jet Fuel Facility 

$0.35

$0.35

$0

TOTAL

$7.75

$3.75

-$4.0

 

With regards to the Land Acquisition for Parking loan facility, $1.1M was undrawn in 2013/14. Whilst the facility was projected to assist in funding land acquisitions in both Busselton and Dunsborough, only the Busselton component proceeded in 2013/14. As loan repayments on this facility are funded from the City Car-parking and Access Reserve, the reduced borrowing (and associated repayments) did not have any net impact on the 2013/14 closing position.

 

With regards to the Busselton Foreshore loan facilities (total of $4M), only the $1.1M earmarked for the Barnard Park Active Playing Fields project was funded in 2013/14. The Tennis/ Croquet Club component did not proceed as this project was subject to grant funding which, whilst previously committed, was subsequently rescinded by the incoming Federal Government. Additionally, the Brown Street extension project was delayed due to issues in relation to clearing permits.

 

Whilst the variance in this category did not in itself have any impact on the 2013/14 closing position (as associated capital expenditures were also not undertaken), the delay/ deferral in the drawdown of budgeted loan facilities did, in most instances, favourably impact on principal and interest repayment expenditure. This matter is further discussed in the relevant sections of this report.     

                  

Transfers from Restricted Assets (Variance: +$855K)

This budget comprised a range of matters including the transfer of:

§ cash in lieu of parking (land acquisitions)

§ unspent loan funds (geothermal project)

§ unspent grant funding (for a range of projects)

§ contributions to works as identified in the adopted budget   

Where identified (and funded) works are not completed within a financial year, an equity transfer is not made. Consequently, the performance in this activity did not have any direct impact on the 2013/14 closing position. Notwithstanding this, the favourable variance was primarily attributable to the unbudgeted refund of bond and deposits totalling approximately $740K, the transfer of approximately $730K in loan funds to recoup costs associated with the Geographe Leisure Centre extensions, and also the non-transfer of contribution monies in respect of works not completed in 2013/14 (much of which has been relisted in the 2014/15 draft annual budget).          

 

Transfers from Reserves (Variance: -$4,717K)

Whilst significant in value, this variance had no direct impact on the 2013/14 closing position, as the associated expenditures were also not incurred. Whilst a detailed list of budgeted and actual transfers from reserves is provided in the attachments to this report, there were a number of specific activities in which budgeted transfers were not processed in 2013/14. These include:   

§ Busselton Foreshore Development (-$1.8M)

§ Waste Management (-$1.0M)

§ Plant Replacements (-$0.9M)

§ Busselton Jetty (-$0.3M)

 

Notwithstanding the above, the higher balance of collective funds held in reserve accounts assisted in the interest earnings budget for reserves being exceeded by approximately $82K in 2013/14.  

 

§  Capital Expenditure

 

As at 30 June 2014, there was a variance of -25% in total capital expenditure, with the following categories exceeding the 10% material variance threshold: 

 

Description

Variance

%

Variance

$000’s

Land and Buildings

-52%

-$7,235

Plant and Equipment

-28%

-$1,167

Infrastructure

-49%

-$13,512

Total Loan Repayments – Principal

-28%

-$295

Transfers to Restricted Assets

+1,706%

+$6,791

Transfers to Reserves

+22%

+$1,557

 

The attachments to this report include detailed listings of the following capital expenditure (project) items, to assist in reviewing specific variances:

§  Land and Buildings

§  Plant and Equipment

§  Furniture and Office Equipment

§  Infrastructure

 

A brief overview of performance in each of the above categories is provided as follows:

 

Land and Buildings

Land acquisition expenditure fell short of annual budget estimates by approximately $1M. In addition to the recurrent ‘Miscellaneous Land Acquisitions’ budget of $0.1M not being expended, the residual variance related to the deferral of the acquisition of land in Dunsborough, for future parking. As this budget was fully funded from various sources, including borrowings and reserves, the variance did not have any net impact on overall budget performance in 2013/14.       

 

Capital expenditure on Buildings fell short of annual budget estimates by approximately $6.3M. The main contributors to the variance included several Busselton Foreshore projects (variance of -$4.7M), the Busselton Regional Airport Terminal expansion (variance of -$0.6M) and the Geographe Leisure Centre extensions (variance of -$0.6M). With the exception of the Tennis/ Croquet Club Clubhouse (which was fully grant funded), the other Busselton Foreshore projects have been relisted in the 2014/15 draft budget. This also applies to the residual budget allocations for the Geographe Leisure Centre and Airport projects, which were both well underway by 30 June 2014.         

 

Plant and Equipment

A variance of approximately -$1.2M was evident in this category as at 30 June 2014. From a fleet perspective, the major contributors to the variance included the delay in the changeover of a waste compactor ($382K), the deferral in the changeover of a tractor ($150K), the acquisition of new plant for specific subdivisions ($172K) and the deferral in the changeover of a patching truck chassis ($140K). As all of the above items were fully funded, their delay/ deferral did not have any net impact of the 2013/14 closing position. Where relevant, budget allocations have been relisted as part of the 2014/15 draft budget.

 

In addition to the above, this budget also included funding for two on-site cabins at the Kookaburra Caravan Park. Whilst this project commenced during 2013/14, the remaining balance of funds (approximately $110K) has been carried over to the 2014/15 draft annual budget. This project was fully funded from the Asset Depreciation Reserve, and as such had no net impact on the 2013/14 closing position.      

 

Finally, it should be noted that the unbudgeted expenditure of $47K against the Busselton Jetty Refurbishment related to the acquisition and modification of a work barge. Whilst included in the collective Infrastructure budget allocation for the Busselton Jetty Refurbishment (which was underspent by $264K as at 30 June 2014), due to the nature of the acquisition, it was subsequently required to be reclassified as Plant and Equipment expenditure.                     

 

Furniture and Office Equipment

A variance of approximately +$27K was evident in this classification as at 30 June 2014. Whilst several under-expenditures occurred, these were more than offset by a number of unbudgeted expenditures, and also an over-expenditure of approximately $27K for the Geographe Leisure Centre (GLC). In most instances, the unbudgeted expenditure was due to the need to capitalise acquisitions erroneously budgeted for as operating expenditure. For example, the GLC’s non-capital furniture and equipment budget allocation was underspent by $22K as at 30 June 2014, which predominantly offset the unbudgeted capital expenditure. In most other instances, the unbudgeted expenditure related to items such as air conditioner replacements, which would otherwise have been budgeted for in the Facilities operating expenditure budget.          

 

Infrastructure

As at financial year end, the Infrastructure budget reflected an underspend of approximately $13.5M. The major contributors to the variance (by activity) included:

 

Description

Budget

$000’s

Actual

$000’s

Variance

$000’s

Busselton Foreshore

$11,321

$1,872

-$9,449

Busselton Regional Airport

$1,527

$19

-$1,508

Sanitation Infrastructure

$870

$148

-$722

Bridge Construction

$1,684

$1,054

-$630

Parks, Gardens and Reserves

$1,514

$1,157

-$357

Boat-ramp Construction

$576

$277

-$299

TOTAL

$17,492

$4,527

-$12,965

 

As previously mentioned the attachments to this report include a detailed listing of all capital project budgets and associated expenditures, to assist in reviewing the performance of individual projects. As such, this report will not discuss specific performance at line item level.

Notwithstanding the above, those allocations not expended in 2013/14 have, in most instances, been either included directly into the 2014/15 draft budget, or identified as part of the carry-over listing. It is also worthy of noting that in respect of the remaining Infrastructure activities (i.e. those not identified in the above table), a collective favourable variance of approximately $550K was evident as at 30 June 2014. In most instances the associated projects are funded (e.g. reserves/ grants/ contributions), and have also been relisted as part of the 2014/15 draft annual budget. Consequently, and whilst the variance in Infrastructure expenditure was significant, any net impact on the 2013/14 closing position was not considered to be material.              

 

In respect of the other capital expenditure categories, an overview of the associated financial performance is provided as follows:

 

Total Loan Repayments – Principal (Variance: - $295K)

Analogous with the ‘Interest Expenses’ operating expenditure variance, this variance was primarily due to the delay and/ or deferral in the drawdown of budgeted loan facilities. The budgeted principal repayments on these facilities, and the actual expenditure incurred as at 30 June 2014, is provided as follows:  

 

Description

Budget

$000’s

Actual

$000’s

Variance

$000’s

Land Acquisition for Parking

$233.9

$90.1

-$143.8

Geographe Leisure Centre (GLC) Extensions

$48.1

$0

-$48.1

Busselton Foreshore

$89.3

$0

-$89.3

Airport Jet Fuel Facility

$14.0

$0

-$14.0

TOTAL

$385.3

$90.1

-$295.2

 

Whilst the GLC Extensions, Airport Jet Fuel Facility and a component of the Busselton Foreshore loan facilities were drawn late in 2013/14, initial repayments on these loans are not due until September 2014.

Excluding the variance pertaining to the Land Acquisition for Parking loan facility (as loan repayments on this facility are reserve funded), the remainder of the variance (i.e. $151.4K) favourably contributed to the 2013/14 closing surplus position.        

 

Transfers to Restricted Assets (Variance: +$6,791K)

Whilst a significant variance was evident in this activity as at financial year end, it did not have any direct impact on the 2013/14 closing position. Major contributors to the variance included:

§ The receipt of approximately $1.95M in bonds and deposits, which are refundable upon associated conditions being met.

§ The receipt of approximately $1.8M in additional developer contributions, resulting from increased levels of subdivision activity throughout the 2013/14 financial year.    

§ The quarantining of borrowings totalling $2.65M which were drawn in 2013/14, albeit the majority of funds are not required until 2014/15 (i.e. GLC extensions $1.2M, Barnard Park - $1.1M and Airport Jet Fuel facility $0.35M)

§ The quarantining of unspent government grants totalling approximately $600K, including  $300K for bridgeworks, $195K in CLGF funding for the Barnard Park Active Playing Fields project, and $60K for the Women’s Refuge.      

 

The transfer of funds to Restricted Assets essentially represents the quarantining of funds for future use, and as such, has no direct impact on the closing position. Notwithstanding this, in some instances these funds do contribute to municipal account interest earnings. 

 

Transfers to Reserves (Variance: +$1,557K)

This variance was primarily attributable to end of financial year transfers to two reserve accounts, detailed as follows:

Airport Infrastructure Renewal and Replacement Reserve

Pursuant to Council Resolution C1403/075, the net operating surplus for the Busselton Regional Airport operation was to be transferred to the Airport Reserve as at 30 June 2014. This was primarily to provide additional funding for the Terminal expansion project in 2014/15. For the full financial year, the Airport operation achieved a net operating surplus of approximately $289K (excluding depreciation and non-cash costs). This result was largely due to additional revenue earnings above budget estimates, including $120K in landing fees, $108K in car-parking fees and $61K in head taxes.

Some of this additional revenue from handling fees was due in part to receipted fees for the previous financial year being receipted.                 

 

Waste Management Facility and Plant Reserve

The adopted budget included a transfer of approximately $1.7M to this reserve, equating to the projected revenue to be raised from the Waste Disposal Charge. However, pursuant to Council Policy 007 (Waste Management Facility and Plant Reserve – Management of Year End Position), a reconciliation of the consolidated waste management activities is to be undertaken at financial year end. Should the reconciliation result in a surplus, this amount is to be transferred to the reserve. The opposite also applies. As at 30 June 2014, a surplus operating result of approximately $1.15M was achieved, with this amount transferred to the reserve. Major contributors to the surplus included favourable variances in waste disposal site fees of +$150K and waste collection charges of +$110K,with consultancy expenditure falling short of budget estimates by approximately $130K, and contractors’ expenditure also falling short of budget estimates by approximately $350K (primarily concrete crushing, chipping etc.).                

 

In addition to the above, additional interest earnings of $82K (above annual budget estimates) was achieved as at 30 June 2014, with this adding to the overall value of funds transferred to reserves.    

 

BUDGET VARIATIONS AND OTHER ‘KNOWNS’

 

Further to comments included as part of the May 2014 Financial Activity Statement report, the fair valuation of Land and Building assets undertaken during 2013/14 resulted in a revaluation increment in the order of $44M. Of this, approximately $33M related to Land, with the remaining $11M attributable to Buildings. Whilst not reflected in the attachments to this report (due to the nature of the financial reports provided), the Council’s 2013/14 financial report will include $44M in ‘Other Comprehensive Income’ in the Statement of Comprehensive Income , with this value also reflected in the Statement of Financial Position, and also the Statement of Changes in Equity (revaluation surplus). Whilst not directly impacting on the Building Asset Management Plan funding requirements (which is predicated on replacement value rather than fair value), increased depreciation costs will ultimately affect the performance in associated Asset Management ratios required to be reported upon as part of the Integrated Planning and Reporting process.             

 

CONCLUSION

 

It is considered that the City’s overall financial performance for the 2013/14 financial year was reasonable. Whilst capital expenditure performance fell short of budget estimates in a number of areas, this was largely due to matters beyond the direct control of the Council and City staff. Furthermore, the City was successfully able to subsume a number of material operational over-expenditures (e.g. legal expenses and fuel costs) from within its own resources. This is due, at least in part, to Management’s initiative in striving to realise the identified $400K in operational savings (attributable to the 2014/15 budget) during the 2013/14 financial year also. This initiative was achieved, and provided additional funds to assist in meeting the aforementioned budget overspends.               

 

Pursuant to Council Resolution C1303/074, the closing surplus of $475K has been earmarked for transfer to the Infrastructure Development Reserve in the 2014/15 draft budget, thereby quarantining these funds as savings for future capital projects. 

OPTIONS

 

The Council may determine not to receive the statutory financial activity statement reports.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

1.            Receives the statutory financial activity statement reports for the period ending 30 June 2014, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

 

 


Council

19

27 August 2014

10.1

Attachment a

Financial Activity Statements – Period Ending 30 June 2014

 


 


Council

21

27 August 2014

10.1

Attachment a

Financial Activity Statements – Period Ending 30 June 2014

 


Council

27

27 August 2014

10.1

Attachment a

Financial Activity Statements – Period Ending 30 June 2014

 


 


 


 


 


 


Council

29

27 August 2014

10.1

Attachment a

Financial Activity Statements – Period Ending 30 June 2014

 


Council

29

27 August 2014

10.1

Attachment a

Financial Activity Statements – Period Ending 30 June 2014

 


 


 


 


 


 


 


 


 


Council                                                                                      39                                                                 27 August 2014

10.2           Finance Committee - 7/08/2014 - LIST OF PAYMENTS MADE - JUNE 2014

SUBJECT INDEX:

Financial Operations

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

BUSINESS UNIT:

Finance and Information Technology

ACTIVITY UNIT:

Finance

REPORTING OFFICER:

Manager, Finance and Information Technology - Darren Whitby

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   List of Payments Made – June 2014  

 

This item was considered by the Finance Committee at its meeting on 7 August 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report provides details of payments made from the City’s bank accounts for the month of June 2014, for noting by the Council and recording in the Council Minutes.

 

 

BACKGROUND

 

The Local Government (Financial Management) Regulations require that when the Council has delegated authority to the Chief Executive Officer to make payments from the City’s bank accounts, that a list of payments made is prepared each month for presentation to, and noting by, the Council.

 

STATUTORY ENVIRONMENT

 

Section 6.10 of the Local Government Act and more specifically, Regulation 13 of the Local Government (Financial Management) Regulations; refer to the requirement for a listing of payments made each month to be presented to the Council. 

 

RELEVANT PLANS AND POLICIES

 

NA.

 

FINANCIAL IMPLICATIONS

 

NA.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.3 - ‘An organisation that is managed effectively and achieves positive outcomes for the community’.

 

RISK ASSESSMENT

 

NA. 

 

CONSULTATION

 

NA.

 

OFFICER COMMENT

 

NA.

 

CONCLUSION

 

NA.

 

OPTIONS

 

NA.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council notes the payment of voucher numbers M108910 - M109205, EF034758 - EF035342, T007087 - T007091, and DD002206 - DD002232, together totalling $7,297,361.20.

 

 

 


Council

69

27 August 2014

10.2

Attachment a

List of Payments Made – June 2014

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council                                                                                      73                                                                 27 August 2014

10.3           Finance Committee - 7/08/2014 - MEELUP REGIONAL PARK FAUNA SURVEY

SUBJECT INDEX:

Environmental Management Plans, Impacts Studies and Reports

STRATEGIC OBJECTIVE:

Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Environmental Services

REPORTING OFFICER:

Manager, Environmental Services - Greg Simpson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

This item was considered by the Finance Committee at its meeting on 7 August 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The City has been successful in securing $24,000 of Lotterywest funding to undertake a fauna survey in Meelup Regional Park.

 

This report recommends that Council accepts the grant funding allocated under the Lotterywest Grant Number 421004856, and that Council amend the 2014/2015 budget to include these grant funds to be received as revenue in the 2014/15 financial year and to allocate additional expenditure to implement the fauna survey.

 

 

BACKGROUND

 

During 1994-1996 some fauna survey work was carried out in Meelup Regional Park (the Park) and this data has assisted in the setting of priorities and guiding future management of the Park. However, there are significant knowledge gaps in this previous fauna survey work and to address this matter the City has been successful in securing $24,000 in Lotterywest funding to undertake a more thorough fauna survey for the Park.

 

The Lotterywest funding offer, if accepted by Council, will enable the continued implementation of the Meelup Regional Park Management Plan, which identifies that such research is important in order to fill existing knowledge gaps about the Park’s environmental values and ensuring that these values are managed appropriately.

 

STATUTORY ENVIRONMENT

 

The Council has appointed a Meelup Regional Park Management Committee in accordance with Section 5.8 of the Local Government Act 1995 to care for, control and manage Meelup Regional Park in accordance with its requirements. The Committee has delegated authority in accordance with Section 5.16 of the Act to undertake these management activities and a budget allocated by the Council for this purpose.

 

RELEVANT PLANS AND POLICIES

 

Meelup Regional Park is managed on behalf of the City of Busselton by the Meelup Regional Park Management Committee in accordance with the Meelup Regional Park Management Plan (2010); approved by both the Council and the Minister for Regional Development and Lands. The Committee is charged with managing the Park for conservation and environmental enhancement and allowing recreation and other uses to occur to the extent that they do not impair the conservation values of the park.

 

 

FINANCIAL IMPLICATIONS

 

The fauna survey project will have significant involvement from volunteers, including set up, trap installation and checking, bird surveying and nocturnal spotlighting and this volunteer contribution has been estimated at approximately $13,000. Based on quotations received, the total cost of the fauna survey is $34,000.

 

In order to maintain the integrity of Council’s financial reporting, this report recommends an amendment to Council’s 2014/2015 budget to include the operating grant funding provided under the Lotterywest project as revenue and corresponding expenditure for engaging a consultant to undertake the fauna survey as follows:

 

Environmental planning – Implementation Management Plans Other

 

Description

Account String

2014/2015

Adopted Budget

2014/2015

Amended Budget (Proposed)

2014/2015

Variance

Revenue

 

Grants & Subsidies – Other  (Lottery west)

350-11170-1239-0000

-$23,000)

-$47,000

-$24,000

Expenditure

 

Consultants

350-11170-3260-0000

$73,000

$97,000

$24,000

Net Exp/Rev

 

$50,000

$50,000

$0.00

 

Overall conditions of the grant that must be met before payment can be made by Lotterywest includes a copy of the Council resolution, or letter from the CEO of the City of Busselton, confirming that the City has $10,000 funding available for the project.

 

If Council accepts the funding offer the fauna survey will commence immediately and can be completed and revenue received from Lotterywest for an amount of $24,000 prior to June 30 2015.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The works to be funded by Lotterywest are considered relevant to Key Goal Area 5 ‐ Cared for and Enhanced Environment and Community Objective 5.1 ‐ Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.

 

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

 

The application for Lotterywest funding was prepared in consultation with members of the Meelup Regional Park Management Committee. Staff from Lotterywest have provided advice on the best approach for the administration and acquittal of the grant.

 

 

OFFICER COMMENT

 

The Meelup Regional Park fauna survey will help to fill knowledge gaps about this important Class A reserve’s fauna. Surveys undertaken from 1994-1996 provide some data as a starting basis, but the 2014-15 survey will include research and methodology that has not been done before, namely:

(a)          Habitat assessment and surveying in representative habitats.

(b)          Trapping for frogs, reptiles and small mammals using standard trapping techniques

(c)           Opportunistic bird surveys.

(d)          Bat survey through the use of an ultrasonic detector.

(e)          Spotlighting and head-torching for nocturnal species.

(f)           Camera traps.

(g)          River/wetland survey.

(h)          Targeted Surveys for conservation significant fauna.

 

This information is vital if the park’s fauna is to be managed appropriately and conserved into the future and will provide baseline data for future monitoring. The information will also be utilised in the current revision of the Management Plan, and ensure that appropriate management actions are included based on the survey results.

 

There will be significant value-adding to the project through volunteer contributions, which will also engage the community with the importance and environmental values of the park. The results of the survey will be promoted via media releases, on the www.meeluppark.com website and Facebook page, and via other natural resource management networks and newsletters.

 

The project is ready to commence immediately upon Council’s consideration of the project, and will be completed and acquitted by June 2015.

 

CONCLUSION

 

The operating grant funds provided under the Lotterywest project 421004856, Meelup Regional Park fauna survey, will fill existing knowledge gaps in regards to the park’s fauna, in particular significant fauna protected by State and Commonwealth legislation. This information will help ensure the park is managed appropriately and that these species will be conserved.  It is recommended that Council’s 2014/2015 budget be amended to reflect this operating grant revenue and corresponding expenditure.

 

OPTIONS

 

The Council may determine to not endorse the proposed amendment to the 2014/2015 budget.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, an amendment to the 2014/2015 adopted budget will be processed by the 30 September 2014

 

 

 

 

 

 

 

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

.           That the Council accepts the grant funding allocated under the Lotterywest grant scheme and endorses an amendment to the 2014/2015 adopted budget on the following basis:

 

Environmental planning – Implementation Management Plans Other

 

Description

Account String

2014/2015

Adopted Budget

2014/2015

Amended Budget (Proposed)

2014/2015

Variance

Revenue

 

Grants & Subsidies – Other  (Lottery west)

350-11170-1239-0000

-$23,000)

-$47,000

-$24,000

 

 

 

 

 

Expenditure

 

Consultants

350-11170-3260-0000

$73,000

$97,000

$24,000

Net Exp/Rev

 

$50,000

$50,000

$0.00

 

 

  


Council                                                                                      79                                                                 27 August 2014

11.             Planning and Development Services Report

11.1           AMENDMENT 2 TO LOCAL PLANNING SCHEME 21 – INTRODUCTION OF A SPECIAL PROVISION AREA TO PERMIT AN UNRESTRICTED LENGTH OF STAY – FORTE CAPE VIEW APARTMENTS - CONSIDERATION FOR INITIATION

SUBJECT INDEX:

Town Planning Schemes and Amendments

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:

Senior Land Use Planner - Louise Koroveshi

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Strata Lot Layout

Attachment c    Location of Proposed Units  

  

PRÉCIS

 

The Council is requested to consider initiating for public advertising proposed Scheme Amendment 2 to Local Planning Scheme 21 (LPS21) to introduce a special provision into Schedule 3 that would permit an unrestricted length of stay for up to 25% of tourist accommodation units within Forte Cape View Apartments.

 

It is considered that the proposal is broadly consistent with the strategic planning framework applicable to the area and reflects proposed changes in planning direction endorsed by the Council in the adoption of the Local Tourism Planning Strategy. Officers are recommending that the proposed amendment be initiated to allow public consultation to be undertaken.

 

 

BACKGROUND

 

The proposal comprises a scheme amendment that seeks to introduce a special provision for Lots 1-42/12 Little Colin Street, Broadwater to permit an unrestricted length of stay for up to 25% of tourist accommodation units that, pursuant to LPS21, may only be used for short stay purposes. To achieve the objectives of the amendment it is proposed to include the whole of the subject land within a Special Provision Area pursuant to Schedule 3 of LPS21, as outlined in the table below –

 

No.

Particulars of Land

Zone

Special Provision

1

Lots 1-42/12 Little Colin Street, Broadwater

Tourist

Notwithstanding any other provision of the Scheme, an unrestricted length of stay is permissible for 22 of the 23 accommodation units on Strata Lots 21, 23 – 27, 29, 35 and 38 on Strata Plan 40537 (approved on 19 February 2008) and proposed Strata Lots 44 and 45 on Strata Plan 40537 (approved on 3 May 2013).

 

The proposed amendment would facilitate a variation for these strata lots to the standard restriction of 3 months occupancy within a 12 month period that applies to tourist accommodation, to allow the occupiers to occupy a unit for an unlimited time.

 

The subject land is located to the north of Bussell Highway approximately 7km west of the Busselton City Centre (Attachments A & B). The northern boundary of the land has frontage to the coastal foreshore reserve. The site has been progressively developed for tourist accommodation and operates as Forte Cape View Apartments.

 

Currently 75 of a total of 89 accommodation units have been constructed, as well as a reception/manager’s residence, children’s playground and a BBQ area. The City has issued Planning Consent for the development of the remaining 14 accommodation units, conference facilities and an indoor swimming pool. The resort operates as a single, centrally managed entity with binding agreements in place for the central management of the resort and shared use of the common property.

 

Attachment C illustrates the distribution of the proposed unrestricted length of stay units (one of which will be a new residence for the resort manager) within the resort.

 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment with respect to the proposed amendment are set out in the City of Busselton Local Planning Scheme 21 which has now been endorsed by the Minister for Planning and it’s gazettal is imminent. The subject land is zoned Tourist under LPS21 and is mostly developed for short stay tourist accommodation purposes. ‘Tourist Accommodation’ is defined pursuant to Schedule 1 of LPS21 as meaning –

 

‘a building or group of buildings substantively used for the temporary accommodation of tourists, visitors and travellers which may have facilities for the convenience of patrons such as restaurants, convention areas and the like but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a purpose elsewhere specifically defined in this Schedule.’

 

Clause 5.18.1 of LPS21 deals with residential occupancy of tourist developments as follows:

 

‘No person shall occupy a tourist accommodation unit, chalet, caravan, camp or any other form of tourist accommodation for more than a total of 3 months in any one 12 month period.’

 

Clause 6.3.1 provides the mechanism for special provisions, in addition to any provisions which are generally more applicable to such land under LPS21, to be introduced into the Scheme and for those provisions to be listed in Schedule 3 of the Scheme and for the Scheme Map to be endorsed accordingly.

 

RELEVANT PLANS AND POLICIES

 

The key policy implications for consideration of the proposed amendment are set out in the Western Australian Planning Commission Planning Bulletin 83/2013 – Planning for Tourism and the City of Busselton Local Tourism Planning Strategy (2010). Each is discussed below under appropriate subheadings.

 

Western Australian Planning Commission Planning Bulletin 83/2013 – Planning for Tourism

 

The bulletin sets out the policy of the WAPC to guide decision making by the WAPC and local government for subdivision, development and scheme amendment proposals for tourism purposes. Policy provisions outlined in this bulletin relevant to the consideration of the proposed amendment include –

 

*             Proposals for non-tourist accommodation developments (such as permanent residential, commercial, retail and restaurant) within tourism sites to facilitate the development of tourist accommodation should be considered on a case-by-case basis.

 

*             For permanent residential use, local governments may set a percentage limit within their local planning strategy or local planning policy.

 

 

 

 

City of Busselton Local Tourism Planning Strategy

 

The Local Tourism Planning Strategy (LTPS) provides the long term strategic land use planning and strategic direction for tourism development within the District. The subject land is identified as a Non-Strategic Tourism site meaning that, although it has an important tourist function, the allowance of a component of residential development may be appropriate. Non-strategic sites that are located within an existing urban settlement and where determined appropriate in the planning context, can be allowed an unrestricted length of stay component up to a maximum of 25%.

 

The LTPS outlines criteria against which to assess proposals to incorporate an unrestricted length of stay component within non-strategic tourist sites. Each criteria is listed below, with the officer response immediately following –

 

i)              up to 25% unrestricted length of stay, with maximum percentage to be determined on a case-by-case basis and subject to adequate addressing of design issues;

 

The proposed amendment seeks allowance for 22 of the 89 existing, under construction and approved accommodation units for unrestricted length of stay occupancy. This equates to 25% of the total tourist accommodation units, consistent with the LTPS. 

 

ii)             located within an existing urban settlement;

 

The subject land is situated approximately 1km from the Broadwater Shopping Centre which provides for local residential and tourist convenience shopping needs. The site is 7km from the Busselton City Centre, which provides higher level services and shopping opportunities for residents and tourists. The site also has convenient access to public transport, being located on Bussell Highway. The Draft City of Busselton Local Planning Strategy includes the site within the Busselton-Vasse Urban Area.

 

iii)            any unrestricted length of stay component units/development shall be of a design and scale that is subsidiary to the tourism component of the development;

 

The proposed amendment would retain the existing Tourist zoning of the site, reflective of the primary use of the site for short stay holiday accommodation. The applicant is seeking an unrestricted length of stay component for 25% of the total strata units in the resort. It is considered that this percentage is consistent with the LTPS in terms of retaining the dominant tourist function and character of the overall resort development.

 

iv)        the restricted length of stay component having to be completed to the City’s satisfaction, prior to the occupation of the unrestricted stay component; or

v)         the City being satisfied through a legal agreement, bond, bank guarantee, or other legally agreed commitment from the developer to ensure the development will be undertaken and satisfactorily completed;

 

The subject land has been substantially developed and is operating as a tourist resort, comprising 75 accommodation units and limited central facilities. The undeveloped balance of the site has been approved for the development of another 14 accommodation units and significant improvements to the standard and range of central facilities.

 

vi)        the City being satisfied with the separation of the two uses or the management arrangement to prevent land use conflict;

 

Land use conflict within tourist resorts can potentially play out in numerous ways and the most undesirable outcome for a tourist resort is manifested in a devaluation of the tourism experience. A reduced level of conflict and therefore detrimental impact on tourism generated by a residential component can be achieved by limiting the latter to a maximum of 25%, combined with design and management such that the tourism orientation of the development is emphasised and maintained.

 

Forte Cape View Apartments will continue to operate with a dominant tourist function that will be reinforced by the delivery of upgraded and improved central facilities and new tourist amenities such as swimming pools, café, conference facilities and children’s playground. Short stay accommodation units are situated in high tourist amenity areas within the resort closest to the beach and planned new facilities.

 

The resort operates as a single, centrally managed entity with binding agreements in place for the central management of the resort and shared use of the common property and this is an important factor in providing a level of service to support the predominant tourist function such as reception, room servicing, on-site manager and ongoing provision of tourist facilities. Furthermore, the majority of the proposed unrestricted length of stay units are clustered together, rather than being distributed amongst the short stay units and that should also assist in mitigating potential conflict.

 

vii)           on all sites, the unrestricted length of stay component being generally located away from the areas of the site providing the highest tourism amenity; and

 

viii)          on coastal sites, the unrestricted length of stay component being generally located in areas further from the coast.

 

The highest tourism amenity elements include proximity to the beach and resort amenities such as pools. The existing apartments located adjacent to the coastal foreshore reserve are to remain as short stay units. The closest proposed unrestricted length of stay unit to the beach will be located approximately 40m from the boundary of the coastal foreshore reserve, and separated by short stay units.

 

Ten of the proposed unrestricted length of stay units will be clustered adjacent to the central facilities building and near amenities such as the outdoor swimming pool. Whilst their location here could be considered as not being strictly compliant with criteria (vii), it could equally be argued that proximity to resort facilities could serve to encourage the use of those units for short stay purposes. Either way, flexibility in occupancy length would be provided, and equally in close proximity to the same facilities are accommodation units, including apartments, that will only be available for short stay.

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications arising from the recommendations of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed amendment is considered to be consistent with the following community objectives of the City’s Strategic Community Plan 2013 -

 

2.2          A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections; and

3.1          A strong, innovative and diverse economy that attracts people to live, work, invest and visit.

 

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 identified ‘downside’ risks only, rather than upside risks as well. The implementation of the Officer Recommendation will involve initiating the proposed scheme amendment and referring it to the Environmental Protection Authority. In this regard, there are no significant risks identified. 

 

CONSULTATION

 

There is no requirement under the Planning and Development Act 2005 to advertise a proposed scheme amendment prior to it being initiated by the Council. Accordingly, no advertising has occurred to date.

 

If the Council resolves to initiate the proposed amendment, the relevant amendment documentation would be referred to the Environmental Protection Authority (EPA) for consideration of the need for formal assessment under Part IV of the Environmental Protection Act 1986. Should the EPA resolve that the amendment does not require formal assessment it will be advertised for 42 days in accordance with the Town Planning Regulations 1967.

 

OFFICER COMMENT

 

The Local Tourism Planning Strategy identified the subject land as a non-strategic tourist site to be retained for tourism purposes that may, subject to meeting assessment criteria and rezoning, incorporate an unrestricted length of stay component.

 

The proposal has been assessed against the criteria outlined in the LTPS that, in brief, relate to: maximum percentage of unrestricted length of stay units; location within an urban settlement; subsidiary to the tourist component; completion of the tourist component; separation of tourist and residential uses; and location generally away from high tourist amenity areas. The proposed amendment generally meets the assessment criteria of the LTPS and the state planning policy framework in relation to the introduction of an unrestricted length of stay component within a non-strategic tourist site.

 

The unrestricted length of stay units will not necessarily be removed from the short stay letting pool. The proposal would simply enable flexibility in occupancy length that is not currently possible under LPS21. The proposal will also support the reinvestment in the central resort facilities and delivery of planned, new amenities including: indoor and outdoor swimming pools plus children’s splash pool, conference facilities; gymnasium; all weather BBQ areas; outdoor café; children’s playground and playroom; toilets and grassed/landscaped common areas. These improvements will serve to reinforce the predominant tourist function and character of the resort.

 

Occupancy rates for tourist resorts fluctuate throughout the year, being influenced by seasonality and things such as school holidays and major events held within the municipality. An unrestricted length of stay component will provide the opportunity for a more continuous, less seasonal presence within the resort and contributing year round vitality and patronage of the resort and its facilities.

 

Officers are recommending initiation of the proposed amendment for referral to the EPA and subsequent public advertising.

 

CONCLUSION

 

It is recommended that the proposed amendment is initiated for referral to the EPA and subsequent advertising for public comment.

 

OPTIONS

 

Should the Council not support the Officer Recommendation, the Council could consider the following options –

1.            Resolve to decline the request to initiate the proposed amendment in its entirety and provide a reason for such a decision.

 

2.            Resolve to initiate the proposed amendment subject to modification(s).

 

It should be noted that there is no right of appeal against a Council decision not to initiate an amendment.

               

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

 

The implementation of the Officer Recommendation will involve the provision of advice of the Council resolution to the applicant and this will occur within one month of the resolution.

 

OFFICER RECOMMENDATION

 

1.         That the Council, in pursuance of Part V of the Planning and Development Act 2005, effective on the gazettal of the City of Busselton Local Planning Scheme 21, adopts draft Amendment 2 to the City of Busselton Local Planning Scheme 21 for community consultation for the purpose of:

 

(a)              inserting the following particulars into Schedule 3 – Special Provision Areas of the Scheme:

 

No.

Particulars of Land

Zone

Special Provisions

1

Lots 1-42 Little Colin Street, Broadwater

Tourist

Notwithstanding any other provision of the Scheme, an unrestricted length of stay is permissible for 22 of the 23 accommodation units on Strata Lots 21, 23 – 27, 29, 35 and 38 on Strata Plan 40537 (endorsed on 19 February 2008) and proposed Strata Lots 44 and 45 on Strata Plan 40537 (approved 3 May 2013).

 

(b)             amending the Scheme Map accordingly.

 

2.         That as the draft Amendment is in the opinion of the Council consistent with Part V of the Act and Regulations made pursuant to the Act, that upon the preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

 

 

 

 


Council

81

27 August 2014

11.1

Attachment a

Location Plan

 


Council

81

27 August 2014

11.1

Attachment b

Strata Lot Layout

 


Council

83

27 August 2014

11.1

Attachment c

Location of Proposed Units

 

 


Council                                                                                      83                                                                 27 August 2014

12.             Engineering and Work Services Report

Nil


Council                                                                                      85                                                                 27 August 2014

13.             Community and Commercial Services Report

13.1           2014/15 COMMUNITY BIDS - FIRST ROUND ALLOCATIONS

SUBJECT INDEX:

Donations, Contributions & Subsidies

STRATEGIC OBJECTIVE:

A City where the community has access to quality cultural, recreation, leisure facilities and services.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Community Development Officer - Naomi Davey

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Register of Community Bid Applications 2014/15 MAJOR BIDS

Attachment b    Register of Community Bid Applications 2014/15 MINOR BIDS  

  

 

PRÉCIS

 

Each year the City of Busselton provides financial assistance to community groups and not-for-profit organisations through the Community Bids process. This assistance is provided for specific activities or projects proposed to be undertaken by that group or organisation within the forthcoming financial year.

 

This report provides a summary of results from the Councillor workshop on 24 June 2014, and seeks formal endorsement regarding the community bid submissions to be funded in the first round of the 2014/15 financial year and a review of other expired community funding agreements.

 

 

BACKGROUND

 

 

The City of Busselton has historically invited community groups and not-for-profit organisations to apply for funding through the City’s annual budget development process. In April 2010 Council resolved to restructure the process under which external organisations applied to the City for financial assistance. This included the following changes to the various funding application schemes:

·    Amalgamation of the Community Environment and Minor Sporting, Recreational and Community Grants schemes into a consolidated scheme;

·    Development of a two tiered scheme for major and minor projects, with a capping of the overall budget allocations for each tier (resolved by Council);

·    Discontinuation of Small Local Project fund of Councillors to be replaced by a Sponsorship and Donations fund (administered by officers).

 

In August 2010 Councillors considered that a number of established community organisations, who apply for funding each year, warranted ongoing support of Council across a number of financial years.  This would therefore provide organisations with secured financial support over a longer planning period and alleviate the necessity to submit an annual application. These activities / events would become part of the future ‘multi-year agreement process’ and would not form part of the future annual Community Bids process.

 

In March 2011 the Council resolved to allocate funding to the Community Bids program as follows:

 

C1103/097    Moved Councillor Henley, seconded Councillor Hanran Smith:

 

1.         Council allocate a total of 0.5% of estimated rates to be levied to

Major Project Assistance Grants to be determined as part of the

Community Bids assessment process advertised in the first quarter of

each year.

 

               2.           Allocate a total of $50,000 to Minor Project Assistance Grants to be

determined twice each year, once as part of the Community Bids

process, and once again in September each year.

 

               3.           Increases the maximum amount of Minor Project Assistance Grants

            from $3,000 to $5,000 for any one project.

 

In March 2014 City officers prepared and distributed a ‘Community Bids Information Pack’ to interested parties which contained general guidelines for applications and eligibility. The guidelines reflected direction provided by Council during the two rounds of Community Bids in 2013-14 and previous Community Bids Councillor workshop sessions.

 

The guidelines indicated eligibility for Community Bids as follows:

·    Not for profit groups and organisations located in the City of Busselton, except in circumstances where a proposed project, program or activity will take place in the City or have significant regional benefit;

·    Project/ program delivery within the 2014/15 financial year;

·    One application per category, per organisation;

·    Completion of the application form provided;

·    ABN and Incorporation required.

 

The guidelines also provided the following as considerations for funding:

Supported

·    Programs/ projects providing benefit to the broader community;

·    One off projects or activities;

·    Equipment grants for durable equipment only;

·    One-off program related operational expenses.

Not supported

·    On-going operational expenses;

·    Consumable equipment;

·    Retrospective funding/ projects already commenced;

·    Projects that are an event (separately funded);

·    Training;

·    Facility maintenance;

·    Programs, projects and services considered the responsibility of other government departments, individuals and private for-profit groups;

·    Activities that do not relate to the Key Result Areas in the City’s Strategic Community Plan;

·    Proposals not complementary to the services and functions of local government.

 

The first round of Community Bids funding for the 2014/15 financial year opened in April 2014 and a total of twenty nine (29) applications were received. This included seventeen (17) applications for minor bids (under $5,000) requesting $50,840 and twelve (12) applications for major bids ($5,001 and over) requesting $361,184.

 

Applications were assessed by an officer working group, in accordance with the Community Bids guidelines, and recommendations were discussed with Councillors at a workshop held on 24 June 2014. The results of the Councillor recommendations that followed form the basis of the Officer recommendations in this report.

 

STATUTORY ENVIRONMENT

 

Nil

 

RELEVANT PLANS AND POLICIES

 

Nil

 

FINANCIAL IMPLICATIONS

 

Based on the current funding model, the total funds available for allocation in the Community Bids program for 2014/15 is $50,000 for minor projects and $165,000* for major projects. *This amount is inclusive of the following Multi-year agreements:

 

Current community bid multi-year agreements

Ending

Amount

St John of God Hospital

2016/17

$25,000

South West Academy of Sport

2016/17

$10,000

St Georges Family Centre

2015/16

$25,000

 

 

Total      $60,000

 

The proposed funding detailed in the officer recommendation of this report, based on the workshop with Councillors, includes a total of $30,080 to be awarded to minor bids and a total of $105,000 to be awarded to major bids. This leaves a remainder of $19,920 for allocation to Minor projects in Round 2.

 

Additionally in 2014/15 there are two three year funding agreements outside of the Community Bids program that are due to expire and one annual agreement that has requested additional funds and a longer funding agreement duration. These agreements were discussed at the Community Bids workshop as follows:

 

3 Year Agreements

Busselton Senior Citizens Club     $77,625

YouthCare                                           $36,225

 

Annual Agreement

Surf Life Saving WA                         $108,675

 

The  2014/15 annual budget endorsed by Council on 30 July 2014 included these funding contributions. Consequently entering into agreements with these organisations will not have a negative financial implication to the City’s 2014/15 budget. 

 

             STRATEGIC COMMUNITY OBJECTIVES

 

The Community Bids program aligns with the Council’s Strategic Community Plan 2013 and principally with the following Strategic Priorities:

 

 

 

 

1.    Caring and Inclusive Community:

1.1  A community where people feel safe, empowered, included and enjoy a sense of good health and wellbeing.

 

1.2  A community that provides opportunities for our youth to learn, grow, work and become healthy adults.

 

1.3  A community that supports health, active ageing and services to enhance quality of life as we age.

2.    Well Planned, Vibrant and Active Places:

2.1  A City where the community has access to quality cultural, recreation, leisure facilities and services.

5.    Cared For and Enhanced Environment:

5.1  Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.

6.    Open and Collaborative Leadership:

6.1  A Council that engages broadly and proactively with the community.

 

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

Applicants do not obtain relevant and adequate insurances such as Public Liability exposing the City and/or Applicant to litigation.

Ensure conditions of funding are clear and copies of relevant insurances are obtained.

Moderate

Rare

Medium

 

CONSULTATION

 

The Community Bids process was advertised in the local community newspaper on 2, 9, 16 and 23rd April 2014, via the Council for the Community page. Recognised Community Groups and Sporting Clubs in the City of Busselton were also notified of the Community Bids process via email. A hard copy of the Community Bids application form and guidelines were available at the City Administration Building, Dunsborough Library and the Busselton Library.

 

A workshop was held with Councillors on 24 June 2014 to discuss Officer comments related to the submissions, with this feedback used to inform the final Officer recommendations in this report. 

 

OFFICER COMMENT

 

Applications were initially assessed by an officer working group, who considered the following criteria:

*             Does the project, program or activity meet the Community Bids criteria?

*             Has the applicant outlined why the projects, programs or activities are needed by the community?

*             Is there an expectation or risk to the community if the project, program or activity does not proceed?

*             Did the organisation or group state the level of cash or in kind contribution they will make to the project, program or activity?

* Has the applicant demonstrated attempts at seeking funding from other sources?

*             Has the applicant been successful in previous community bids applications and what was the funded amount?

* Does the project align with the City of Busselton’s Strategic Plan?

 

Officers presented the applications to Councillors at a workshop on 24 June 2014, where the following recommendations were made:

 

a)            Minor Bids - up to $5,000

 

 

Applicant

Project Title

Recommendation

Specific Conditions of Funding

1

parkrun Australia

Geographe Bay parkrun

 

$5,000

Nil

2

Friends of Peron Reserve (auspiced by Dunsborough Coast and Landcare Group Inc.)

Development of the East Peron Reserve Management Plan and review of Peron Reserve Management Plan

$4,300

Nil

 

3

Busselton Underwater Hockey Club Inc.

Purchase of underwater hockey goals

$4,000

Nil

4

Dunsborough Coast and Landcare Group Inc.

Signs For Rehabilitated Dandatup Brook

$2,000

Nil

5

Busselton Street Chaplain Group

BSC Equipment Program

$1,700

Nil

6

Busselton Hockey Stadium Club

Purchase of a Defibrillator

$900

Nil

7

Busselton Child Care Centre

BCCC Storage Improvement Project

$2,500

Nil

8

Busselton Football and Sportsman’s Club

Community Engagement Program (Social Cricket)

$2,500

Nil

9

Busselton Netball Association

Kitchen upgrade

$2,000

Nil

10

Busselton Surf Lifesaving Club

Increase volunteer training & patrol capacity of BSLSC

$1,300

Nil

11

1st Cape Naturaliste Scout Group

Purchase of outdoor camping and cooking equipment

$1,300

Nil

12

Naturaliste Sports Club

Refurbishment John Edwards Pavilion

$1,000

Nil

13

St Mary’s Community Care - Nurture Works

Assets for BUZ Children's School Programs & Camps

$580

Funding for musical instruments only

14

Dunsborough Volunteer Bushfire Brigade

Station Upgrade 2014

$1,000

Funding for GPS Unit and hand held radios only

15

Wests Hockey Club

Shirts for Wests Hockey Club

Nil

n/a

16

Cavaliers Hockey Club Inc.

Safety face masks for junior hockey sport and recreation development

Nil

n/a

17

Possum Centre Inc.

Possum Education and Awareness Programme

Nil

n/a

 

TOTAL FUNDING

$30,080

 

 

b)            Major Bids - $5,001 and over

 

 

Applicant

Project Title

Recommendation

Specific Conditions of Funding

1

Naturaliste Volunteer Marine Rescue Inc.

Building Extension

$25,000

Nil

2

Busselton Golf Club Inc.

Clubhouse Kitchen Renovation

$20,000

Nil

3

FAWNA (Fostering and Assistance for Wildlife Needing Aid)

FAWNA Storage Facility

$10,000

Nil

4

GeoCatch

Community Wall Art Project

$10,000

Final design is to be submitted to the City for approval.

5

Growing Towards Wellness

Growing Towards Wellness - Active Weekend Recovery; Geographe

$10,000

Nil

6

Dunsborough & District Country Club Inc.

Croquet lawn & maintenance shed extension

$10,000

Nil

7

Dunsborough Greenfield Community Group

Common user infrastructure

$20,000

Funding subject to;

- all entities entering into lease agreements and meeting statutory requirements, and

- City approval of defined infrastructure project

8

Dunsborough Men's Shed

DMS Construction & Setup

Nil

n/a

9

Dunsborough Community Garden Inc.

DCG Preliminary Start-up Structures

Nil

n/a

10

Geographe Community Landcare Nursery (auspiced by Busselton-Dunsborough Environment Centre)

Disabled Toilet (Stage 2)

Nil

n/a

11

Busselton Population Medical Research Institute

BPMRI Marketing Project

Nil

n/a

12

City of Busselton

Community Bus

Nil

n/a

13

St John of God Hospital

Contribution Towards a Wellness Suite – Third year of five year funding agreement

$25,000

Expires 2016/17

14

South West Academy of Sport

Contribution Towards Sports Talent Development program – Second year of three year funding agreement

$10,000

Expires 2016/17

15

St Georges Family Centre

Construction of Parish Family Centre - First year of two year funding agreement

$25,000

Expires 2015/16

 

TOTAL FUNDING

$165,000

 

 

As a result of this assessment process, an amount of $19,920 in the Minor projects bids budget is left remaining which will be utilised as part of Minor Bids round 2, to be advertised later in the 2014/15 financial year. There will not be another round of Major Bids for 2014/15, as it will be fully expended should the Council adopt the Officer recommendations in this report.

 

Notification of Applicants:

Successful and unsuccessful applicants of round one funding will be individually notified of the Council’s decision. Successful applications will be required to sign a grant agreement with the City and meet any specific conditions of funding.

 

Special Conditions:

In addition to the specific conditions identified, all applicants will be advised of the requirement for funding to be used for the purposes specified and that it is the responsibility of applicants to obtain all necessary approvals to undertake proposed projects, including (but not limited to) applications to the City for planning, building and health approvals.

 

Specific conditions for Dunsborough Greenfields Community Group include the submission of a common user infrastructure project to officers for approval. Officers will liaise with the group to research and define the most suitable project that best suites the grant.

 

City officers will continue discussions with the various applicants regarding eligibility for other grant funding opportunities.

 

In addition to the Community Bids program, in 2014/15 there are two, three year funding agreements that are due to expire and one annual agreement that has requested additional funds as well as the potential for a longer funding agreement duration. These agreements were discussed at the Community Bids workshop as follows:

 

3 Year Agreements

Busselton Senior Citizens Club   

YouthCare                                                          

 

Annual Agreement

Surf Life Saving WA                        

 

Council discussed the future funding arrangements for these organisations and recommendations were as follows:

 

*indexed to Consumer Price Index (CPI)

 

As mentioned in the Financial Implications section of this report, the Council adopted the 2014/15 annual budget at a special Council meeting on 30 July 2014, which included these items. Consequently entering into agreements with these organisations will not have a negative financial implication on the City’s 2014/15 budget. 

 

CONCLUSION

 

The Community Bids application and Councillor assessment panel process is constantly evolving and aims to match community needs with the funds available within priority areas identified in the City of Busselton’s Strategic Community Plan (2013).

 

It is recommended that Council adopts the Round 1 Community Bids funding allocations proposed as a result of the Councillor Workshop

 

OPTIONS

 

The Council may wish to consider re-assessment and differing levels of funding proposed for all or some of the community bid applications. In pursuing this option the Council needs to consider budget availability and the immediacy for some funding items and the effect this delay could have on organisations being able to finalise their plans and budgets for the 2014/15 year.

 

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

 

 All Community Bids applicants will be individually advised in writing of the outcome of the Council decision within 21 days. Successful applications will be required to sign a grant agreement with the City and meet any specific conditions of funding.

 

 In addition to the specific conditions identified, all applicants will be advised of the requirement for funding to be used for the purposes specified and that it is the responsibility of applicants to obtain all necessary approvals to undertake proposed projects, including (but not limited to) applications to the City for planning, building and health approvals.

 

City officers will continue discussions with the various applicants regarding eligibility for other grant funding opportunities.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.         Endorses the provision of funding for Round 1 of the 2014/15 Community Bids program as outlined in the table below, subject to the specific conditions as stated:

 

 

a.         Minor Bids:

 

 

Applicant

Project Title

Recommendation

Specific Conditions of Funding

1

parkrun Australia

Geographe Bay parkrun

 

$5,000

Nil

2

Friends of Peron Reserve (auspiced by Dunsborough Coast and Landcare Group Inc.)

Development of the East Peron Reserve Management Plan and review of Peron Reserve Management Plan

$4,300

Nil

 

3

Busselton Underwater Hockey Club Inc.

Purchase of underwater hockey goals

$4,000

Nil

4

Dunsborough Coast and Landcare Group Inc.

Signs For Rehabilitated Dandatup Brook

$2,000

Nil

5

Busselton Street Chaplain Group

BSC Equipment Program

$1,700

Nil

6

Busselton Hockey Stadium Club

Purchase of a Defibrillator

$900

Nil

7

Busselton Child Care Centre

BCCC Storage Improvement Project

$2,500

Nil

8

Busselton Football and Sportsman’s Club

Community Engagement Program (Social Cricket)

$2,500

Nil

9

Busselton Netball Association

Kitchen upgrade

$2,000

Nil

10

Busselton Surf Lifesaving Club

Increase volunteer training & patrol capacity of BSLSC

$1,300

Nil

11

1st Cape Naturaliste Scout Group

Purchase of outdoor camping and cooking equipment

$1,300

Nil

12

Naturaliste Sports Club

Refurbishment John Edwards Pavilion

$1,000

Nil

13

St Mary’s Community Care - Nurture Works

Assets for BUZ Children's School Programs & Camps

$580

Funding for musical instruments only

14

Dunsborough Volunteer Bushfire Brigade

Station Upgrade 2014

$1,000

Funding for GPS Unit and hand held radios only

15

Wests Hockey Club

Shirts for Wests Hockey Club

Nil

n/a

16

Cavaliers Hockey Club Inc.

Safety face masks for junior hockey sport and recreation development

Nil

n/a

17

Possum Centre Inc.

Possum Education and Awareness Programme

Nil

n/a

 

TOTAL FUNDING

$30,080

 

 

 

b.            Major Bids:

 

 

Applicant

Project Title

Recommendation

Specific Conditions of Funding

1

Naturaliste Volunteer Marine Rescue Inc.

Building Extension

$25,000

Nil

2

Busselton Golf Club Inc.

Clubhouse Kitchen Renovation

$20,000

Nil

3

FAWNA (Fostering and Assistance for Wildlife Needing Aid)

FAWNA Storage Facility

$10,000

Nil

4

GeoCatch

Community Wall Art Project

$10,000

Final design is to be submitted to the City for approval.

5

Growing Towards Wellness

Growing Towards Wellness - Active Weekend Recovery; Geographe

$10,000

Nil


6

Dunsborough & District Country Club Inc.

Croquet lawn & maintenance shed extension

$10,000

Nil

7

Dunsborough Greenfield Community Group

Common user infrastructure

$20,000

Funding subject to;

- all entities entering into lease agreements and meeting statutory requirements, and

- City approval of defined infrastructure project

8

Dunsborough Men's Shed

DMS Construction & Setup

Nil

n/a

9

Dunsborough Community Garden Inc.

DCG Preliminary Start-up Structures

Nil

n/a

10

Geographe Community Landcare Nursery (aspiced by Busselton-Dunsborough Environment Centre)

Disabled Toilet (Stage 2)

Nil

n/a

11

Busselton Population Medical Research Institute

BPMRI Marketing Project

Nil

n/a

12

City of Busselton

Community Bus

Nil

n/a

13

St John of God Hospital

Contribution Towards a Wellness Suite – Third year of five year funding agreement

$25,000

Expires 2016/17

14

South West Academy of Sport

Contribution Towards Sports Talent Development program – Second year of three year funding agreement

$10,000

Expires 2016/17

15

St Georges Family Centre

Construction of Parish Family Centre - First year of two year funding agreement

$25,000

Expires 2015/16

 

TOTAL FUNDING

$165,000

 

 

2.    Authorises the Chief Executive Officer to enter into a three (3) year funding agreement with the Busselton Senior Citizens Centre Inc. for the purposes of providing seniors services for 2014 to 2016 inclusive for an annual contribution of $77,625 (indexed per annum) 

 

3.    Endorses the funding allocation of $36,225 towards the 2014/15 YouthCare Chaplaincy Services within the City of Busselton

 

4.    Endorses the funding allocation of $108,675 towards the 2014/15 Surf Life Saving WA lifesaving services within the City of Busselton.

 

 

 

 


Council

95

27 August 2014

13.1

Attachment a

Register of Community Bid Applications 2014/15 MAJOR BIDS

 


Council

97

27 August 2014

13.1

Attachment b

Register of Community Bid Applications 2014/15 MINOR BIDS

 


Council                                                                                      97                                                                 27 August 2014

13.2           COMMUNITY SPORT & RECREATION FACILITIES FUND – SMALL GRANT ROUND APPLICATIONS WINTER

SUBJECT INDEX:

Leisure 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 Services

REPORTING OFFICER:

Community Development Coordinator - Jeremy O’Neill

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Dunsborough and Districts Country Club (Inc.) Application – Croquet Lawn and Storage Shed

Attachment b    Supporting Information for Application  

  

 

PRÉCIS

 

Each year Local Government Authorities are required to rate and prioritise the Community Sport and Recreation Facilities Fund (CSRFF) submissions received within their municipality.

 

In June 2009 several changes were made to the CSRFF program including the introduction of the Small Grant Round, which has a different timeline to standard grant round.  Small Grant Applications must be submitted by local government authorities to Department of Sport and Recreation (DSR) by 29 August 2014. The purpose of this report is to meet the CSRFF criteria by outlining the submissions received for projects within the City for this current funding round and request that Council rate each application prior to forwarding to DSR for final consideration.

 

 

BACKGROUND

 

DSR administers the CSRFF program, with the purpose of providing State Government financial assistance to Local Government Authorities and local community groups (up to one third of the total capital cost), to develop well-planned facilities for sport and recreation.

 

In June 2009 several changes were made to the CSRFF program to improve the level of support the Western Australian Government provides to the sporting community. Of particular note is the introduction of the Small Grant Round, which has a different timeline to standard grant rounds. Small Grant Applications must be submitted to DSR from Local Government Authorities by the end of March and August each year. This requires local governments to assess and prioritise applications prior to submission. Successful Small Grants are required to be acquitted prior to 15 June each year.

 

In order to assist with the evaluation of submissions and to ensure projects are viable and appropriate, DSR has developed “Key Principles of Facility Provision”. Accordingly, each submission is to be assessed against those criteria.

 

Under the provision, Local Government Authorities are required to rate and prioritise local submissions using the following guide;

 

RATE

DESCRIPTION

A

Well planned and needed by the municipality

B

Well planned and needed by the applicant

C

Needed by the municipality, more planning required

D

Needed by the applicant, more planning required

E

Idea has merit, more preliminary work needed

F

Not recommended

 

Submissions for the current funding round closed on Thursday, 31 July 2014. Following this date, each Local Government Authority is required to assess and prioritise the applications before forwarding all documentation to the South West Office of the DSR no later than 29 August 2014.

 

During September and October 2014 local applications (along with others received throughout the State) will be evaluated and ranked by relevant State Sporting Associations and the CSRFF Assessment Panel, prior to the outcome being announced by the Minister for Sport and Recreation. Funds for successful applications will become available around November 2014.

 

One (1) application was received for the current small grants round as follows:

 

(i)      Dunsborough and Districts Country Club (Inc.) – Croquet Lawn and Storage Shed

 

STATUTORY ENVIRONMENT

 

Nil

 

RELEVANT PLANS AND POLICIES

 

Nil

 

FINANCIAL IMPLICATIONS

 

The application from the Dunsborough and Districts Country Club Inc. (DDCC) is for the construction of a new croquet lawn and a storage facility for equipment and has a total project cost of $50,322 (ex GST).  DDCC has been recommended for a cash contribution from the City to the value of $10,000 (ex GST) as part of the 2014/15 Community Bids program, which will be considered by the Council at its ordinary meeting of 27 August 2014.

 

The DDCC have been made aware of the possibility of a self-supporting loan through the City of Busselton should they not be deemed successful as part of the 14/15 Community Bid process.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter aligns with the City of Busselton Strategic Community Plan 2013 and principally with the following strategic goal:

 

Caring and Inclusive Community

1.3          A community that supports healthy, active ageing and services to enhance quality of life as we age.

 

Well Planned, Vibrant and Active Places

2.1          A City where the community has access to quality cultural, recreation and leisure facilities and services.

2.2          Infrastructure assets that are well maintained and responsibly managed to provide for future generations.

 

RISK ASSESSMENT

 

An assessment of the potential risks of implementing the Officers recommendation was undertaken, and as a result, no risks were rated as ‘medium’ or above were identified.

 

CONSULTATION

 

Consultation has taken place between Officers of the City and staff from the South West Office of DSR in regard to the funding submission received. Consultation has also taken place between City Officers assessing the application and the applicant in regards to the submission received.

 

OFFICER COMMENT

 

Dunsborough and District Country Club (Inc.) –Construction of a new croquet lawn and storage shed  -Total Project Cost   $50,322


The application for a new croquet lawn and storage facility has been submitted by the DDCC.

The Croquet Section of the Dunsborough & Districts Country Club has identified an opportunity to expand the croquet playing surface to include a second Association size croquet lawn. This lawn will enhance the current playing area to Association requirements for attracting state level association tournaments.

Following success of other events recently held at the Country Club, the club’s croquet section proposes to further develop the sport of croquet by holding two annual croquet tournaments and a summer series of social croquet golf. The croquet association’s tournaments will be held to attract experienced players from all over the state twice a year and the social croquet/golf summer series will be organised during the summer evenings (similar to Corporate Bowls) to attract new players to the sport. To be able to achieve these outcomes the second croquet playing area will need to be extended to Association size.

The Croquet Section members have developed the ‘Croquet Section – Strategic Plan 2014-2019’ to grow the sport of Croquet within the local community and successful completion of this project will offer the membership the opportunity to the develop the following strategies:

• Grow membership to 50 croquet playing members

• Host Croquet West – Association pennant home matches

• Host an annual Croquet West tournament weekend event

• Conduct more social Ricochet/Golf Croquet sessions to introduce new local players

• Conduct more coaching sessions to develop more local Association players

• Launch our “Summer Night Series” of social Golf Croquet (similar to Corporate Bowls)

• Host an annual Country Club membership croquet tournament weekend

• Develop other programs to encourage junior and family involvement.  

Whilst the DDCC have shown a propensity for sound sports development planning, this needs to be complimented by sound facility development planning. It was recommended by the Council at the Community Bids workshop in June 2014 that a master plan for the DDCC site would be required prior to future facility developments beyond the current application. The rationale behind this recommendation was to ensure future land use planning allowed for best use of the site (and its constraints) and growth in memberships.

This project will provide a much needed facility upgrade to cater for a growing membership and as a result it may increase participation in sport and recreation activities that the DDCC has to offer. It is recommended that this project be assessed as a ‘high’ priority and that it is a (B) Well planned and needed by the applicant.


CONCLUSION

 

The application received for the 2014/15 CSRFF Small Grants funding round show sound reasoning and  justification, as such it is recommended that Council adopts the Officers Recommendations section of this report to allow the project to proceed should funding from DSR be forthcoming.

 

OPTIONS

 

1.   The Council decides not to support the DDCC - Croquet Lawn and Storage Shed application at this time.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

DSR, South West Office staff will be advised in writing of the Council’s decision prior to the end of August 2014 when the full contents of the application are forwarded to their regional office in Bunbury.

 

OFFICER RECOMMENDATION

 

That the Council as part of the 2014/15 CSRFF Small Grants Program supports in principle the construction of a croquet lawn and storage shed by the Dunsborough and Districts Country Club (Inc.) as proposed in their application, rating it as ‘B’ and number one priority for consideration.

 

 

 


Council

101

27 August 2014

13.2

Attachment a

Dunsborough and Districts Country Club (Inc.) Application – Croquet Lawn and Storage Shed

 


 


 


 


 


 


Council

107

27 August 2014

13.2

Attachment a

Dunsborough and Districts Country Club (Inc.) Application – Croquet Lawn and Storage Shed

 


 


Council

111

27 August 2014

13.2

Attachment a

Dunsborough and Districts Country Club (Inc.) Application – Croquet Lawn and Storage Shed

 


 


 


 


Council

139

27 August 2014

13.2

Attachment b

Supporting Information for Application

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      141                                                               27 August 2014

14.             Finance and Corporate Services Report

14.1           COMMUNITY HALLS FUTURE USE AND MANAGEMENT REVIEW

SUBJECT INDEX:

Agreements/Contracts

STRATEGIC OBJECTIVE:

A City where the community has access to quality cultural, recreation, leisure facilities and services.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Property and Corporate Compliance

REPORTING OFFICER:

Property Coordinator - Ann Sanford

Asset Coordinator - Dan Hall

Community Development Coordinator - Jeremy O’Neill

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location of Halls within City of Busselton

Attachment b    Vase Hall Lease Plan

Attachment c    Vasse Tennis Courts Lease Plan

Attachment d   Yallingup Hall Lease Plan

Attachment e    Yoongarillup Hall Site Plan

Attachment f    Carbunup Hall - Plan showing suggested area of land to be relinquished

Attachment g   Acton Park Hall - Plan showing suggested area of land to be relinquished

Attachment h   Kaloorup Hall - Plan showing suggested area to be relinquished 

Attachment i     Wilyabrup Hall - Plan showing suggested area of land to be relinquished

Attachment j     Leased Area - Held by Ruabon and District Progress Association

Attachment k    Ruabon Volunteer Fire Brigade - Proposed Sub-lease area  

  

PRÉCIS

 

The purpose of this report is to make a recommendation on the future management of eight of the community halls within the District.    It contains a summary of results from the Councillor workshop held on 26 March 2014 and the community consultation undertaken with the various community groups involved.  This follows a recommendation of Council to identify cost savings in relation to community halls in the 2014/15 financial year. 

 

 

BACKGROUND

 

The City has a number of community halls throughout the District, as indicated in Attachment A.  There are thirteen (13) halls located on City owned or managed land and one (1) located on private land.  Of the fourteen (14) halls,  three (3) are within the Busselton CBD, one (1) is in Dunsborough, one (1) is currently being constructed in Eagle Bay, one (1) is currently closed and eight (8) are in rural or outer lying areas.  The physical state of the buildings, their utilisation by the community, the management of bookings and the maintenance arrangements varies from hall to hall.  

 

Council have sought to review the management, level of usage and condition of its community halls as part an overall assessment of expenditure to ensure it is best directed to meet community needs.  It is acknowledged that these halls often are of great significance to the communities in which they are situated, both currently and historically.  However, there is also a need for the Council to consider how it allocates its limited resources to ensure the community overall are getting best benefit from those allocations.  The Council is also keen to ensure that all of its buildings are being appropriately managed and that there is sufficient and appropriate documentation in place to reflect those management arrangements.

 

With the exception of Carbunup Hall none of these (8) eight rural halls have any formal agreement in place between the City and the group or persons managing the hall.   These groups manage the bookings via either formal or informal committees and retain the funds generated from use or hire. These funds are used to pay the costs of services and varying levels of maintenance.  The City has historically contributed, or been wholly responsible for, the structural and major maintenance, the insurance and the fire and emergency compliance matters. 

 

The City’s Asset Management team has also prepared a Buildings Asset Management Plan as part of the asset management process the City has been undertaking over the last few years.  A 5 year financial plan for Buildings was included as part of this process.

 

To assist with the preparation of this 5 year plan the City engaged a local engineering firm to carry out structural assessments of eight (8) of the halls.  These were selected on the basis of their age and general condition relative to the City’s overall building portfolio.  The reports helped to determine the structural integrity of each building and clarified which of the works previously identified would be necessary to maintain the continued safe use of the same.  

 

Following a review of the annual budget, potential savings to operating expenses on City owned or managed buildings were identified and presented in a report to Council in December 2013.  This included the cost of maintaining and insuring community halls in the district.  Council resolved (C1312/334) in part, that staff investigate potential savings in respect of community halls and provide a report and recommendations back to Council.

 

The halls were categorised based on the structural and general condition of the building, the frequency of use and the current management structure.  The outcome of the initial assessment determined that the eight (8) community halls located throughout the City were a high priority for review.  Of the six (6) halls which were not reviewed more extensively, three (3) are located in the Busselton CBD and are currently managed by the City (being Churchill Park Hall, the Youth Centre Building and Railway Hall), one has only recently been constructed and has a lease in place (Eagle Bay Hall), one has recently been extensively renovated and has had its management arrangements reviewed (being Dunsborough Hall) and one has been the subject of substantial previous assessment and various reports to Council (being Ambergate Hall).

 

Further review of these eight (8) remaining halls involved the evaluation of the structural integrity reports, condition assessments, the rate and type of usage, the management structure, and other services available in the area were evaluated.  Various options were considered and discussed with Councillors at a workshop on 26 March 2014 and these are discussed in more detail in the Officer Comment section.

 

Consultation has been undertaken with relevant community groups, the outcomes of which is also discussed in the Officer Comment section. 

 

STATUTORY ENVIRONMENT

 

Leasing

 

When disposing of property whether by sale, lease or other means, a Local Government is bound by the requirement of section 3.58 of the Local Government Act.  However 3.58 (5) (d) provides exemptions to this process under Regulation 30 (2) (b) (i) (ii) of the Local Government (Functions & General) Regulations.

 

This section states “disposal of land to incorporated bodies with objects of benevolent, cultural, educational or similar nature and the member of which are not enlisted to receive any pecuniary profit from the body’s transactions, are exempt from the advertising and tender requirements of section 3.58 of the Local Government Act”.   The constitution of the Vasse and Districts Community Centre Incorporated is such that this exemption applies.  The management group of the Yallingup Hall must become incorporated and once incorporated it is likely that this exemption will apply.

 

Management Orders

 

The care, control and management of reserves are bound by the requirements of section 46 of the Land Administration Act 1997.  The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies.

 

RELEVANT PLANS AND POLICIES

 

The Overall Asset Management Plan links with other organisational plans such as the Strategic Community Plan and Long Term Financial Plan (LTFP).  The data from Asset Management Plans is incorporated into the LTFP and in this way informs the Corporate Business Plan and Annual Budget.

 

FINANCIAL IMPLICATIONS

 

The financial implications associated with each hall and the associated Officer’s Recommendation are identified in the Officer Comment section of this report. 

 

In summary, for the halls to be retained and leased to a third party, the City would undertake the works included in the 5 year building plan and would maintain the structural integrity throughout the term of the lease.  This cost is expected to be minimal in the short to medium term once the initial work has been undertaken.  The lessee would be responsible for the ongoing running costs.

 

With respect to the remaining halls, it is proposed that the City does not undertake the works identified in the 5 year building plan.  This will result in a favourable financial implication to the City, estimated to be in the vicinity of $140,000 in those 5 years.  There could, however,  be additional costs associated with possible options such as demolition.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The review of the community halls is consistent with the following City of Busselton Strategic Priorities:

 

Key Goal Area 2

•             Well planned, vibrant and active places

•             Provide a range of quality leisure, cultural, recreation and sporting facilities and services;

•             Responsible management of public infrastructure assets.

 

Council Strategy

•             Ensure our recreational facilities meet the needs of our growing community

•             Maintain community assets at an appropriate standard, consulting with the community about     expectations and costs of maintenance.

 

 

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

Risk that the community perceives we are not developing and maintaining community facilities to cater  for the increasing population.

Ensure clear and consistent communication with the community regarding future asset management  and facility re-development schedules.

Minor

Likely

Medium

 

Financial risk of potential lessees not maintaining halls to the relevant Australian Standards.                            

                                               

 

 

Well drafted lease agreement with clear guidelines on lease obligations and good property management practices.                     

 

Minor

 

Likely     

 

Medium

 

 

 

 

 

 

CONSULTATION

 

City officers are involved in ongoing discussions with various community hall management bodies regarding the condition and future use of the halls.  In particular and where possible, discussions were had with groups and particular community members potentially impacted by recommendations arising from the Councillor workshop.  A summary of the outcomes of that consultation is provided in the officer comment section of this report.

 

OFFICER COMMENT

 

The assessment of the rural community halls, which was considered at the Councillor workshop, was undertaken in accordance with four criteria:

 

             1.            The known level of community use of the hall;

 

             2.            The structural adequacy and general building condition of the hall;

 

             3.            The management arrangements which are currently in place for the hall or which could be put in place given the level of community commitment to manage the facility; and

 

             4.            The presence of other community facilities in the vicinity of the hall such as a fire shed.

 

Obviously, not all of those criteria would apply in relation to each of the halls or indeed would apply in the same way.  However, based on the application of those criteria the halls were loosely categorised as coming within one of three categories, being retain long-term, retain and review in the medium-term and immediate review.  While recommendations have been developed based on the halls loosely fitting in within one of three categories, there are variations based on particular arrangements or circumstances which exist in relation to particular halls.  This is explained in more detail under the headings for each of the halls in the discussion which follows. 

 

 


 

Retain Long Term

 

             The two halls that come within this category are Vasse Newtown Hall and Yallingup Hall

 

Vasse-Newtown Hall

 

The Vasse Newtown Hall (Attachment B) is l on Reserve 2866 which is crown land vested with the City for the purpose of Agricultural Hall Site.  The property address is 8 Kaloorup Road, Vasse. The City has the power to lease or licence to a third party for the designated purpose.

 

The Vasse and Districts Community Centre Incorporated (‘the VDCC”) have been managing the hall for many years, although there is no formal agreement between the City and the VDCC l.  The hall is used on the first and third Saturday of every month for markets and is hired on regular basis for functions and general social and sporting activities. All funds generated from the bookings are currently retained by the VDCC.

 

The City has historically undertaken structural and major repairs of the hall and managed compliance issues such as fire equipment testing.  It was built in the late 1890’s to early 1900’s and is considered to be in a moderate condition.  The VDCC have undertaken minor maintenance works from their own funds.  The structural assessment of the hall conducted on the 19 July 2013 concluded that the building was in a condition commensurate with its age but that, subject to some minor repairs and with on-going maintenance and inspections the building would be expected to have a further life of at least 10 years.

 

In light of the structural condition of the hall and the high level of use, it is recommended that the City retain the Vasse-Newtown hall and carry out any required structural as well as non-structural works identified in the 5 year financial plan.  The cost to undertake these works has been calculated at approx. $72,000 over 5 years. 

 

Although the VDCC currently manage the bookings and retain any income generated from the use of the hall, there is no formal arrangement in place and no clear guidelines as to which party is responsible for costs such as maintenance, insurance and outgoings. 

 

It is recommended that the City enter into the standard community and sporting group lease agreement with the VDCC, however, given the age of the building, it is recommended that the maintenance obligation in this lease are such that the City is responsible for any structural repairs.  The proposed term of the lease is five (5) years plus an option for a further five (5) years.  This  is consistent with leases granted to community groups in similar situations. 

 

While not specifically discussed in the Councillor workshop, the land opposite the Vasse Hall is Reserve 28603 which is vested with the City for the purpose of Recreation.   This parcel of land consists of an oval, play equipment, tennis courts and shelter building.  In 1983 the City entered into a lease with VDCC for this parcel of land. The lease expired in 2004; however the VDCC still remain in occupation on a holding over clause meaning that either party can terminate the same on the provision of one month’s notice.

 

Although the VDCC continue to manage and maintain the tennis courts, the remainder of the Reserve is maintained by the City.  The portion of reserve maintained by the City is currently used as a passive public open space.  There are no plans to upgrade it for use as an active open space as it does not have a reticulated water supply and is too small for senior sized sports club competitions.

 

The VDCC have recently upgraded the tennis court surface and the lighting and are therefore keen to retain this facility.  As the existing lease is for the whole of the Reserve, it is suggested that the lease of the Reserve be terminated and a new lease for the tennis courts and shelter only (as shown in Attachment C) be entered into for a term to coincide with the lease of the hall.

Options:

1.            The Council could resolve to enter into a longer term lease not exceeding 21 years.  However given the age of the building a longer term is not recommended as a review of the condition of the            hall is recommended in 10 years.

2.            The Council could resolve to enter into a lease that renders the lessee responsible for structural repairs.

 

Yallingup Hall

 

Yallingup Hall is located on Reserve 15458 which is crown land vested with the City for the purpose of Agricultural Hall Site as indicated in Attachment D.  The property address is 2305 Caves Road, Yallingup. The hall was originally a school building in Karridale. It was relocated to its current location in the 1920’s.

 

The City currently has no authority to enter into any lease or licence agreement with third party for this parcel of land.  If Council adopt the recommendation within this report, the City will seek approval from the Minister to be granted power to lease or licence this Reserve. 

 

Members of the Yallingup community have been managing the use of the hall for many years on an informal basis.  They have formed a committee but are not an Incorporated Association.  The hall is mainly used for art exhibitions and yoga. It is also hired for functions and general social activities. The hall has quite a high level of community use.  All funds generated from the bookings are currently retained by the committee. There is no formal agreement for the use or management of the hall.

 

The City has historically undertaken structural and major repairs of the hall and has managed statutory compliance issues such as fire equipment testing.  The community group through the funds generated from the hall bookings have contributed to minor maintenance works to the hall. 

 

The hall is considered to be in a moderate condition.  The structural assessment of the hall conducted on the 19 July 2013 concluded that, although in a condition commensurate with its age, it requires maintenance to prevent its accelerated degradation.  With appropriate maintenance works, however, the building is expected to have a further life of 10 years, noting a further structural assessment in 5 years was recommended.    

 

Taking into consideration the structural condition of the hall and the high level of use, it is recommended that the City retain Yallingup Hall and carry out any required structural as well as non-structural works identified in the 5 year financial plan.  An amount of $47,945 has been allocated towards Yallingup Hall in the 2014/15 Budget for works including re-stumping of the floor and refurbishment of the toilets. These works will ensure that the hall continues to meet the required standard of service as well as potentially increasing the frequency of use facilitated by the installation of air conditioning.

 

Staff have consulted with the committee who have indicated that they would be interested in entering into a more formal management arrangement for the hall.  They are aware that they must become incorporated.  It is recommended that over the next six months the group work to formalise their committee to achieve this and that during this time the City seek power to lease the Reserve from the State. 

 

Subject to the power to lease being granted and the group becoming incorporated, it is recommended  the City enter into a standard sporting and community groups lease agreement with that incorporated body.  Given the recommendation to reassess the structural integrity of the building again in five (5) years, it is recommended that the lease term is for five (5) years only.


Options:

1.            The Council could resolve to enter into a longer term of lease up to 21 years.  However   as            a review of the structure is recommended in five (5) years this may not be compatible.

2.            The Council could resolve to enter into a lease agreement whereby the lessee is responsible for any                 structural repairs.

 

Retain and Review Medium Term

 

There is one hall identified in this category, Yoongarillup Hall.

 

Yoongarillup Hall

 

Yoongarillup Hall is located on Reserve 17656, which is a 4.4ha parcel of crown land vested with the City for the purpose of Recreational and Hall Site as indicated in Attachment E.  The property address is 3 Yoongarillup Road, Yoongarillup.  This parcel of land also houses a volunteer rural fire brigade shed, tennis court and storage shed.  The City currently has no power to lease or licence to a third party. 

 

The original hall was constructed in the early 1920’s. It is not known what date the stage, toilets, kitchen and extension was built. 

 

The Yoongarillup Hall Committee Inc. managed the use of the hall and undertook maintenance repairs for many years.  In July 2013 the committee disbanded due to continually struggling to obtain a quorum at their meetings. 

 

The City has since been managing the hall including managing bookings for its use.  It is used for community functions, meetings and birthday celebrations.  The level of use is moderate but use is not to the same extent as the Vasse and Yallingup halls.

 

The City has historically undertaken structural and major repairs of the hall and has managed compliance issues such as fire equipment testing.  The structural assessment of the hall conducted on the 19 July 2013 concluded that the timber building is in a condition commensurate with its age but that, subject to some minor repairs and with on-going maintenance and inspections the building would be expected to have a further life of at least 10 years.  A sum of $26,900 has been allocated in 2015/16 year in the 5 year financial plan for this building. 

 

The City had been in consultation with the Busselton Pistol Club regarding the potential use of the hall.  The Club have since informed staff that it is not suitable as the cost of fitting it out to suit their requirements is prohibitive. 

 

It is recommended that the City continues to manage the hall whilst seeking expressions of interest from community groups interested in leasing and managing the hall.  During this time it is suggested that no funds are expended on structural maintenance but that the City continues to meet essential statutory compliance requirements such as electrical and fire equipment testing and building insurance.  The 2014/2015 budget has funds allocated towards this.  Some of these costs will be offset by any hire fees received. 

 

In the event of any major repairs being required during this time the City could look at closing the hall until a determination of the future use is made.  Any bookings would be re-allocated to an alternative City owned or managed facility.

 

Other than an electricity supply shared with the hall, the fire brigade shed is a stand alone building with separate amenities. During the next 12 months the City will investigate the cost associated with the provision of an independent supply of electricity to each area.

A further report will be presented to Council within the next 12 months on the outcome of the expression of interest process.

 

Option:

 

The Council could resolve not to retain the hall on this site and either require its removal and relocation or demolition.               

 

Immediate Review

 

There are four halls in this category, Carbanup Hall, Acton Park Hall, Kaloorup Hall and Wilyabrup Hall.

 

Carbunup Hall

 

Carbunup Hall is located on crown land, being Reserve 19338 vested with the City for the purpose of Agricultural Hall Site as indicated in Attachment F.  The property address is 3 Wildwood Road, Carbunup. The City has the power to lease or licence to a third party. 

 

In 2010, the City entered into a lease agreement with the Yallingup Steiner School Incorporated (‘the YSS’)   which is due to expire on the 22 March 2016.  The YSS, however, have an option to remain in occupation until 22 March 2019.  Prior to the lease to the YSS, the Carbunup Hall was not being used by the community to any great extent.  Indeed the fact that the Carbunup Hall was receiving very little community use was part of the justification for allowing the YSS to have exclusive use of the site.  Under the lease, the YSS are required to maintain the hall and playground area, including structural repairs. 

 

The toilets and water tank are not included within the leased area and the ongoing costs of these parts of the building are met by the City, including electricity, cleaning and maintenance.

 

The hall was constructed around 1920, and no major upgrade works or renovations appear to have been carried out. The hall is considered to be in a moderate condition.   A structural assessment of the hall conducted on the 19 July 2013 concluded that the building is in a condition commensurate with its age but that, subject to some minor repairs and with on-going maintenance and inspections the building would be expected to have a further life of at least 10 years.  It is estimated that the works required would cost in the vicinity of $45,000. 

 

Staff met with the members of the YSS and discussed the possibility of the vesting in the Reserve being transferred to them.  The rationale for this was the age and condition of the hall, (and therefore potential cost to the City), together with the fact that the only organisation benefitting from the use of the hall is the YSS.  The YSS indicated its support for this proposal. 

 

It is therefore proposed that the City relinquish the vesting of the Reserve to the State, subject to the Department of Lands supporting the direct vesting between the State of WA and the YSS.  If supported, the whole of the Reserve would be the responsibility of the YSS. 

 

This would result however in the toilets no longer being available to the public and there is no proposal to construct an alternative public toilet facility within the immediate vicinity.  Although this may cause some inconvenience for a time while people get used to the new arrangement, it would represent a cost saving in terms of the cleaning and running costs of the toilets.

 

The cost of maintaining and cleaning the toilets along with building insurance on the hall and the toilets equated to $20,098 in the 2013/14 budget.  This is partly offset by rent and insurance reimbursements for the hall totalling $1,100.  The net saving if the vesting was relinquished would therefore be approximately $19,000 per annum plus the future costs associated with building maintenance in the long term.

 

Options:

1.            The Council could resolve to retain the vesting and continue to lease the building until 2019, at which time a review could be undertaken as to whether to retain or remove the hall.

2.            The Council could resolve to retain the vesting and negotiate a new lease agreement with the YSS to include the whole of the Reserve, therefore releasing the City of the obligation of cleaning and supplying water and electricity to the toilets. 

 

Acton Park Hall

 

Acton Park Hall straddles the boundary of two parcels of crown land, Reserve 18562 Acton Park Road which is vested with the City for the purpose of Hall Site and Reserve 18918 Acton Park Road which is vested with the City for the purpose of Recreation.  The City currently has no power to lease or licence either Reserve.

 

A community group made up of Acton Park residents have been managing the use of the hall for many years.  The hall is used mainly for community gatherings.  There are no regular bookings.  The group managing the hall are not an incorporated organisation but are considering registering as an Incorporated Association in the future. 

 

The City has historically undertaken structural and major repairs of the hall.  Additionally, the City has carried out statutory compliance inspections such as fire equipment testing.  The community group, utilising funds generated from the hall bookings, have contributed to minor maintenance and repairs to the hall. 

 

The original date of construction of the hall is unknown; however some reports suggest that it was constructed around 1940.  In 1986,  substantial refurbishment works were  undertaken which included widening the building by 1.1m and constructing new walls and a new roof structure, however, the assessment on the overall structural condition of the hall is classified as poor.

 

The structural assessment and report conducted on the 26 July 2013  concluded that the old section of the building was not in good condition and that there is a significant amount of work required to bring the structure up to standard.  The report also concluded that consideration should be given to whether it is economically viable for the City to carry out this work.  If the recommendations of the report were carried out, the building would be expected to have a further economic life of 10 years.

 

Staff met with residents currently managing the hall to discuss the results of the review process and the condition report.  The group were informed of the potential that the City may ultimately look to relinquish vesting of the hall.  As the residents are keen to see the hall remain for community use, the option of them taking on the vesting of the hall site direct from the State Government was discussed.

 

Whilst the residents would prefer the management of the hall to remain as is, they are considering the option of becoming incorporated and taking on the future vesting of the land where the hall is located.

 

Since meeting with the residents, there has been an increase in the level of community usage of the hall.  There is also potential for it to be utilised as a meeting place in the event of an emergency as there is no fire brigade shed on site. Given the condition of the hall, however, it may not be viable for the City to retain the hall in the long term. 

 

Thus it is recommended that the City consider excising the portions of Reserves 18562 and 18918 on which the Acton Park Hall is situated and work with the residents in the area to facilitate management of this portion of land being taken over by them.  It is proposed that the residents be given a period of time to form and incorporate an association and put in place the necessary arrangements to take over management of the hall and, subject to substantial progress being made in this regard in the next 12 months, the City relinquish vesting of the hall site to the resident group.  If substantial progress is not made within that 12 month period, it is proposed that the City call for expression of interest from the community generally to see if there are any other groups interested in taking over the site.  A report would be put to the Council following this expression of interest process, should it be necessary, which will ultimately determine the future of the site. 

 

In the interim, it is proposed that the City continue to undertake the inspections associated with public building compliance in relation to the hall and other such minor works that are provided for in the 2014/15 budget.

 

It is proposed that the vacant portions of land which remain following excision of the hall site stay in the control of the City for use to meet potential future community needs.

 

If vesting of the hall site is ultimately relinquished, then the City would make savings in the region of $30,000 based on current 5 year asset management plan projections. 

 

Options:

1.            The Council could resolve to retain vesting of the hall, however, if it was to do so, consideration would need to be given to the need to undertake substantial structural repairs as identified in the structural engineers report.  If this option is proposed, consideration also needs to be given to the potential for further significant costs that may need to be spent within a 5-10 year timeframe in relation to this hall.

2.            Council could seek to immediately demolish the hall but retain vesting of the land and therefore free up more land which could be used for different future community needs, however, given the wishes of residents in the area, this option is not proposed.

 

Kaloorup Hall

 

Kaloorup Hall is located on Reserve 18641 which is Crown Land vested with the City for Recreational and Communal purposes.  The property address is 335 Payne Road, Jindong.  The City currently has no power to lease or licence to a third party. 

 

The local residents have been managing the use of the hall and undertaking minor maintenance for many years.  The hall is not regularly used  apart from occasional social gatherings of the community. There is currently no formal agreement between the City and the residents.  

 

The City has historically managed the compliance matters such as fire equipment testing and undertaken minor repairs. 

 

The hall was constructed around 1930.  The external door to the rear and the open fire place at the front have been added over time.  There has been no major upgrade works or renovations carried out on the hall.  The building is considered to be in a very poor condition which was confirmed by the structural assessment and report on the hall.

 

The report estimated the costs for the works required to bring the hall into an acceptable condition are in the vicinity of $38,000, but also questioned the viability of doing this work given that the expenditure of this money would at best give the building another 10 years of economic life.  The sum of $29,500 has been allocated in the 5 year plan for buildings, but given the condition, the limited use and the recent construction of the volunteer fire brigade shed at this location, the economic viability of maintaining this hall is questionable.

 

The residents managing the hall were consulted in relation to the review.  Given the age and the condition of the hall, the group were informed of the potential that the City may not be able to continue to retain the building.  As the residents are keen to retain their hall, the option of them taking on the vesting of the hall site direct from the State Government was discussed.

 

It is therefore recommended that if the group become incorporated, vesting of a portion of the Reserve. as indicated in Attachment “H”, is relinquished in their favour. Whilst the residents would prefer the management of the hall to remain as is, they are considering this as an option. To ensure the group has a reasonable amount of time to consider their options, it is suggested that they be given a 12 month timeframe do to so.

 

If the group decide not to progress incorporation and the vesting within the 12 months, Council have the option of offering the site to a third party through an expression of interest process or alternatively the hall could be relocated or demolished. 

 

In the meantime, it is recommended that the City continue to undertake the statutory public building inspections in relation to the hall and fire equipment testing.  This would cost in the vicinity of $2,800 per annum.    These costs have been included in the 2014/15 budget.

 

During consultation the group enquired whether the funds that Council would potentially need to remove the hall could be provided to the group to assist them in funding the structural repairs identified in the report.  As mentioned above, the general guide for the demolition cost is in the vicinity of $10,000 - $20,000 per building depending on the size and materials.  There is no current budget allocation for any demolition costs but depending on the group’s progress, some allocation could be considered in a future budget or alternatively the group could be encouraged to apply for community bids or other funding.

 

Options:

1.            The Council could resolve to demolish the hall and retain the vesting of the Reserve, thus providing           an option for future use.

2.            The Council could resolve to undertake the structural repairs identified in the structural engineers                 report and enter into a lease agreement with a suitably incorporated association for a term of 5 years. However given the age of the building there is potential for further structural obligations and       costs associated with this, during the term of the lease.    

 

Wilyabrup Hall

 

Wilyabrup Hall is located on Reserve 51305 which is crown land vested with the City for Community purposes.  The property address is 697 Puzey Road, Wilyabrup.  The City has the power to lease or licence the reserve to a third party.

 

Local residents have been managing the use of the hall for many years.  The hall is used for functions and general social and sporting activities. There is currently no formal agreement between the City and the residents. The City has historically undertaken structural and major repairs of the hall. The residents generally have undertaken minor maintenance.

 

The original east section of the building was constructed in 1928. In the 1950’s the building was extended to the west and converted to a community hall. The building is considered to be in a very poor condition as confirmed by the structural assessment and report.

While the City has $24,445 allocated in the 5 year plan for buildings, the estimated costs for works identified in the condition report and additional works to improve functionality is in the vicinity of $57,000.  However, given the condition of the hall, the limited use of the hall and the recent construction of the volunteer fire brigade shed at this location, the economic viability of maintaining this hall should be considered.

 

City Staff met with the residents managing the hall and discussed the outcomes and review process.   Given the age and the condition of the hall, the group were informed of the potential that the City will no longer retain this building as a City Asset.  As the residents are keen to see the hall remain available to the community, the option of them taking on the vesting of the hall site direct from the State Government was discussed.

 

While the volunteer fire brigade shed has basic amenities there is a proposal to include ablution facilities and a meeting room in the future.  The existing ablution facility will need to be retained until such time as the fire shed is upgraded.

 

It is recommended that the City consider relinquishing the vesting of a portion of the Reserve as indicated in Attachment “I”, to a third party.   For the City to be able to relinquish this to the current group managing the hall, then they must become incorporated.   While the residents would prefer the management of the hall to remain as is, they are considering the option of becoming incorporated and taking on the future vesting of the land where the hall is located.

 

If this process is not making substantial progress within 12 months then Council could consider offering the site to another third party through an expression of interest process.  While an outcome is being achieved to reflect the recommendation, it would be proposed that the City only undertake public building compliance inspections required for this hall, such as fire equipment testing as well as insuring the hall.    These costs are provided for in the 2014/15 budget.

 

If the hall site is relinquished to a third party, the City would save the annual costs noted above and additionally the staff resourcing costs associated with public building inspections.  The allocation of $24,445 which has been identified in the 5 year building plan would no longer be required. 

 

Option:

 

Council could resolve to undertake the structural repairs identified in the structural engineers report and enter into a lease agreement with a suitably incorporated association for a term of 5 years.  However, given the age of the building there is a potential need for further structural works and costs associated with this, during the term of the lease.

 

Ruabon Hall

 

Ruabon Hall is located on a portion of Lot 583 Ludlow-Hithergreen Road, Abba River, which is private land.  The land is owned by the executors of the Late Albert Arthur Scott.  

 

In 1974 the Ruabon and District Progress Association (“the RDPA”) entered into a 99 year lease agreement with the land owner over the portion of land shown in Attachment J.   The City is not a party to this agreement.

 

The RDPA manage the use of the hall and by doing so generate funds to assist with the upkeep of the hall.  The RDPA has approached the City on a number of occasions in the past to assist with the maintenance of the hall, which historically the City has  agreed to.  As funds had previously been allocated to this hall it was captured in the 5 year building plan.

 

It is thought that the original building was constructed around 1930.  It is not known when the other extensions were constructed. The hall is considered to be in a poor condition.  The structural report of the hall dated 26 July 2013 concluded that the building is in poor condition and in particular, the condition of the floor could be deemed to be hazardous and that a significant amount of work is required to bring the structure up to an acceptable standard.  The report also concluded that the economic viability of rectification must be considered given the building’s age and condition.

 

Whilst the City has $16,000 allocated in the 5 year plan for buildings, the estimated costs for the works noted above and additional works to improve functionality is in the vicinity of $30,000.  However, given the condition, the limited use of the hall and the recent construction of the volunteer fire brigade shed at this location, the economic viability of RDPA or the City maintaining this hall is doubtful.

 

Staff met with members of the RDPA and discussed the review process that the halls have undergone.  Given the age and the condition of the hall, the group were informed of the potential that the City will no longer provide assistance in relation to maintenance or running costs towards the hall.  The members are concerned about the costs associated with the works required and their ongoing obligation to maintain the hall.  Their preference would be that the City continues to assist with the running costs; however they do acknowledge the reasoning behind the review. 

 

It is recommended that due to the hall being in a poor condition and the construction of the rural fire brigade shed providing a meeting place for the community, it is proposed that the City no longer allocates funds towards the upkeep of the hall. 

 

The City will continue to maintain the Ruabon Volunteer Fire Brigade Shed.  It is proposed to enter into an appropriate agreement with the RDPA to provide clear guidelines on the City’s obligations relating to the fire shed such as building insurance, maintenance and service costs. 

 

Options:

1.            The Council could resolve to continue to assist the RDPA with the building insurance and compliance inspection costs, subject to an agreement being entered into setting out clear guidelines on each party’s obligations.

2.            The Council could resolve to negotiate with the land owners to assign the lease agreement between the land owners and the RDPA to the City of Busselton.  Further to this the City would       undertake the structural repairs of the hall and enter into a sub-lease with the RPDA.   However given the age of the building and the numbers of years remaining on the lease, there is potential for significant ongoing structural rectification costs.    

 

CONCLUSION

 

The recommendations to Council in relation to each of the halls seek to take into consideration the wishes of the community, while also taking into consideration the application of proper asset management principles and having due regard to the level of community use of the various halls and the other facilities available in the area.  The recommendations, which generally reflect the outcomes of the Councillor workshop, hopefully find the right balance between meeting the wishes of the community and the appropriate management of the limited financial resources available to the City. 

 

In particular, where it might otherwise be proposed that the City would relinquish management of a hall which was in not particularly good structural condition and which does not have extensive community use at, and/or where there may be other community facilities maintained by the City in the area, an opportunity has been provided to concerned local community members to engage with others in the community and undertake their own assessment of the appropriateness and viability of taking on management of the hall.

OPTIONS

 

Options have been provided for each hall in the Officer Comment section of this report.

 

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

 

Recommendation 1 – 2: Negotiation and preparation of lease agreements will commence immediately, with both recommendations anticipated to be completed within 12 months of the resolution.

 

Recommendation 3: The City will advertise seeking an expression of interest for the hall and report back to Council in 2015 on the outcomes.

 

Recommendation 4 – 8: The changes required to various Reserve Management Orders and the process of various groups becoming incorporated is anticipated to take approximately 12 – 24 months.

 

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.            In relation to the Vasse-Newton Hall and surrounds:

 

             a)               Undertake recommended works identified in the structural assessment  dated 19                 July 2013, the proposed structural works to be presented for Council consideration                           as part of the 2015/16 budget deliberations.

 

             b)               Undertake other works, limited to tiles to floor of the hall, window refurbishment                and painting work, to be presented for Council consideration as part of the 2015/16                         budget deliberations.

 

             c)                Subject to the consent of the Minister for Lands, authorise the CEO to enter into a                lease agreement with the Vasse and Districts Community Centre Incorporated for the                      whole of Reserve 2866, Lot 366, Deposited Plan 43375, Volume LR3135, Folio                                            236 as indicated in Attachment B, subject to the following:

            

i.      the lease to be consistent with the City’s standard community and sporting group                 lease agreement with the exception that repairs of a structural nature are the City’s obligation to meet;

 

ii.     the term of the lease to be for 5 years commencing on 1 January 2015 with a further        5 year option;

 

iii.    the annual rent to be $200.00 inclusive of GST with annual CPI rent reviews; and

 

iv.   all costs associated with the preparation of the lease agreement to be met by the                 Lessee.

             d)               Subject to the consent of the Minister for Lands, authorise the CEO to enter into a                lease agreement with the Vasse and Districts Community Centre Incorporated for                              the portion of Reserve 28603, Lot 4454 , Plan 4543, Volume LR3004, Folio                                        753 as indicated in Attachment           C, subject to the following:

 

            

i.      the lease to be consistent with the City’s standard community and sporting group lease agreement;

 

ii.     the term of the lease to be for 5 years commencing on 1 January 2015 with a further        5 year option;

 

iii.    the annual rent to be $200 inclusive of GST with annual CPI rent reviews; and

 

iv.   all costs associated with the preparation of the lease agreement to be met by the Lessee.

 

2.            In relation to the Yallingup Hall:

 

                a)            Request alteration of the Management Order for Reserve 15458 to grant the City                  power to Lease for periods of up to 21 years subject to approval from Minister                                    for Lands.

 

                b)            Request alteration of the purpose of the Management Order for Reserve 15458 , Lot           1178 from ‘Agricultural Hall Site’ to the purpose ‘Community Centre’.

 

                c)            That subject to Recommendations 2 (a ) and 2 (b), authorise the CEO to enter into a             lease      agreement with a suitable Incorporated Association for a portion of Reserve                        15458 , Lot 1178, Plan 82133, Volume LR3005, Folio 174 as indicated in                                                             Attachment D,    subject to the following:

            

i.      the lease to be consistent with the City’s standard community and sporting group                 lease agreement with the exception that repairs of a structural nature are the City’s obligation to meet;

 

ii.     the term of the lease to be for 5 years commencing on 1 January 2015; 

 

iii.    the annual rent to be $200 inclusive of GST with annual CPI rent reviews; and

 

iv.   all costs associated with the preparation of the lease agreement to be met by the                 Lessee.

 

3.         3.            In relation to the Yoongarillup Hall, located on Reserve 17656, continue to manage hall   bookings for the next year, while seeking expression of interest from the community on the           future   use of the hall and that there be a further report to Council on the outcomes of that        process. 

 

4.         4.            In relation to the Carbunup Hall, located on Reserve 19338, Lot 7, Deposited Plan 140537,             Volume LR3004, Folio 126;

 

                              a)           request the Minister for Lands to relinquish the Management Order of Reserve                                  19338 as indicated in Attachment F and request that the Minister for Lands vest the                         Reserve directly with the Yallingup Steiner School Inc.  

 

                b)            Should the Minister for Lands not agree to vest the Management Order directly with                        the Yallingup Steiner School Inc, the Council authorise the CEO to amend the lease                    agreement dated 23 March 2010 between the City of Busselton and the Yallingup                  Steiner School Inc. to be inclusive of the whole of Reserve 19338 for the remainder                    of the term.


 

5.         5.            In relation to the Acton Park Hall:

 

                a)            Maintain the Management Order for the Hall while the community members                                      currently managing bookings for the hall seek to form an incorporated                                                    association to take over management.

 

                b)            Subject to the outcome of recommendation 5 (a) being achieved , the Council seek to                      relinquish the Management Order of a portion of Reserve 18562 and a portion of                              Reserve 18918 as shown in Attachment G, subject to the Minister for                                                       Lands agreeing to vest the Reserve directly with the incorporated body formed as a                                result of resolution 5(a).  

 

                c)            Should the current management group not make substantial progress towards                                    becoming incorporated prior to 30 June 2015, seek expressions of interest from                                 the community on the           future use of the hall and report to Council on the outcomes                        of that process. 

 

6.            In relation to the Kaloorup Hall:

 

                a)            Maintain the Management Order for the Hall while the community members                         currently managing bookings for the hall seek to form an incorporated association to                       take over management.

 

                b)            Subject to the outcome of recommendation 6 (a) being achieved, the Council seek to          relinquish the Management Order of a portion of Reserve 18641 as shown in                          Attachment H,   subject to the Minister for Lands agreeing  to vest that                                                    portion of the Reserve directly with the incorporated body formed as a result of                                         resolution 6(a).

 

                c)            Should the current management group not make substantial progress towards                       becoming incorporated prior to 30 June 2015, seek expressions of interest from the                         community on the future use of the hall and report to Council on the outcomes of                        that process.

 

   7.         In relation to the Wilyabrup Hall:

 

                a)            Maintain the Management Order for the Hall while the community members                                      currently managing bookings for the hall seek to form an incorporated association to                       take over management.

 

                b)            Subject to the outcome of recommendation 7 (a) being achieved, the Council seek to                       relinquish the Management Order of a portion of Reserve 51305 as shown in                                       Attachment I, subject to the Minister for Lands agreeing to vest that portion of the                            Reserve directly with the incorporated body formed as a result of resolution 7(a).

 

                c)            Should the current management group not make substantial progress towards                                    becoming incorporated prior to 30 June 2015, seek expressions of interest from the                         community on           the future use of the hall and report to Council on the                                                     outcomes of that process. 

 

8.            In relation to the Ruabon Hall located on private land:

 

                a)            From 1 January 2015 no longer maintain the hall.

 

                b)            Enter into a sub-lease with Ruabon District Progress Association for the rural fire                                brigade shed located on a portion of Lot 583, Deposited Plan 126324 Volume                                      LR1050, Folio 551 Ludlow-Hithergreen Road, Abba River as shown in Attachment K.

 

 

 

 


Council

159

27 August 2014

14.1

Attachment a

Location of Halls within City of Busselton

 


Council

159

27 August 2014

14.1

Attachment b

Vase Hall Lease Plan

 


Council

161

27 August 2014

14.1

Attachment c

Vasse Tennis Courts Lease Plan

 


Council

161

27 August 2014

14.1

Attachment d

Yallingup Hall Lease Plan

 


Council

163

27 August 2014

14.1

Attachment e

Yoongarillup Hall Site Plan

 


Council

163

27 August 2014

14.1

Attachment f

Carbunup Hall - Plan showing suggested area of land to be relinquished

 


Council

165

27 August 2014

14.1

Attachment g

Acton Park Hall - Plan showing suggested area of land to be relinquished

 


Council

165

27 August 2014

14.1

Attachment h

Kaloorup Hall - Plan showing suggested area to be relinquished

 


Council

167

27 August 2014

14.1

Attachment i

Wilyabrup Hall - Plan showing suggested area of land to be relinquished

 


Council

167

27 August 2014

14.1

Attachment j

Leased Area - Held by Ruabon and District Progress Association

 


Council

169

27 August 2014

14.1

Attachment k

Ruabon Volunteer Fire Brigade - Proposed Sub-lease area

 


Council                                                                                      171                                                               27 August 2014

14.2           UNDERTAKINGS IN RELATION TO CITY OF BUSSELTON JETTIES LOCAL LAW 2014

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

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:

Absolute Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

The Joint Standing Committee on Delegated Legislation (JSC), which is a committee of State politicians from both houses of the Western Australian Parliament, advised the City that there is potential for clause 2.16 (2) (a) of the City of the Busselton Jetty Local Law 2014 (Jetties Local Law) to be inconsistent with certain Commonwealth legislation and therefore requested Council to provide the JSC with certain undertakings in relation to enforcing the relevant provisions under the local law.  The purpose of this report is for Council to consider the JSC request and to resolve whether to provide the undertakings sought by the JSC.

 

It is recommended that Council provide the undertakings sought by the JSC.  

 

 

BACKGROUND

 

The Jetties Local Law was gazetted on 14 May 2014 and came into operation on 28TH May 2014.

 

In terms of clause 2.16 a person shall not, without the written consent of the local government tether an animal to the jetties, take an animal onto the jetties or permit an animal to enter or stray upon the jetties. Clause 2.16(2)(a) however provides that above prohibition does not apply to a guide dog used for the assistance of visually impaired persons.

 

The JSC, which is a committee of state politicians from both houses of the Western Australian Parliament, has delegation from Parliament to scrutinize and recommend the disallowance of local laws to the Parliament of Western Australia.  Under the above mentioned delegation, the JSC reviewed the Jetties Local Law after publication in the Government Gazette and raised the following issue:

 

Under Commonwealth legislation [section 23 of the Disability Discrimination Act 1992 (Cth)] it is provided that it is unlawful to discriminate against a person on the grounds of their disability by refusing them access to public premises. Section 8 (1) of the Disability Discrimination Act 1992 (Cth)  then confirms that this also applies if the discrimination against the person occurs because that person has a carer, an assistant, an assistants animal or a disability aid.  The reference in the Commonwealth Statue to the broader term “assistance animal” (rather than “hearing or guide dog”) means that there is a potential for clause 2.16 (2) (a) of the Jetties Local Law to be inconsistent with the Commonwealth Legislation and therefore invalid to the extent of that inconsistency.

 

The JSC advised the City that it negotiated with the Minister for Local Government and Communities to request the Governor to make global amendments to those problematic clauses in all local laws for purposes of removing the above-mentioned potential inconsistencies with relevant Commonwealth legislation. The JSC therefore suggested that the City contact the Department of Local Government and Communities (DLG) and arrange for inclusion of the required amendment to the Jetties Local Law under the proposed “global amendment”.  The City was however advised that the DLG is unable to include the required amendment to the City’s Local Law in the proposed “global amendment” local law currently being drafted for that purpose, as the proposed “global amendment” is subject specific, that is only relating to dog, cemeteries, and local government property local laws.

 

The JSC subsequently requested that Council provide the following undertakings in relation to the Jetties Local Law:

               

·    To within six months of The Parliamentary Counsel’s global amendment initiative being concluded, amend clause 2.16(2)(a) for consistency with the Disability Discrimination Act 1992 (Cth)

·    To include a Note at clause 2.16 of the ‘working’ version of the Local Law referencing the relevant provisions of the Commonwealth’s Disability Discrimination Act 1992.

·    That clause 2.16(2)(a) will not be enforced in a manner contrary to the undertakings given.

·    That where the Local Law is made publicly available, whether in hard copy or electronic form, it be accompanied by a copy of the undertakings.

·    To provide a copy of the minutes of the Council meeting at which the City of Busselton resolved to provide these undertakings.

 

The purpose of this report is for Council to consider the request from the JSC to provide the abovementioned undertakings.

 

STATUTORY ENVIRONMENT

 

Section 42 of the Interpretation Act 1984 allows the WA State Parliament to disallow a local law.   As there is a considerable amount of delegated legislation made, parliament has appointed the JSC to undertake an overseeing role on its behalf.  The JSC examines all local laws and other subsidiary legislation made that are subject to Section 42 of the Interpretation Act and has the authority to recommend to Parliament that a local law be disallowed. The JSC indicated that, should Council provide above undertakings, it will avoid notice of motion to disallow the Jetties Local Law being placed in the legislative Council.

 

RELEVANT PLANS AND POLICIES

 

None.

 

FINANCIAL IMPLICATIONS

 

Providing the required undertakings will have no financial implications for the City.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Jetties Local Law and the undertakings required in relation thereto are consistent with the City’s Strategic Community Plan 2013. 

 

RISK ASSESSMENT

 

The required undertakings will not involve a departure the purpose and effect of the Jetties Local Law and is therefore considered low risk. 

 


 

CONSULTATION

 

City Officers will continue liaising with the DLG in an attempt to have the required amendment to the Jetties Local law being included under the “global amendment” being undertaken by the DLG.

 

OFFICER COMMENT

 

The JSC’s position with regard to the potential inconsistency with clause 2.16 (2)(a) of the Jetties Local Law and the relevant provisions of the Disability Discrimination Act 1992  is fully appreciated.  However, to the extent that the relevant provisions under the Jetties Local law are considered to be inconsistent with the Disability Discrimination Act 1992, it still has the ability to operate seamlessly with the relevant Commonwealth Legislation.  The reference to “guide dogs” in the Jetties Local Law does not seek to exclude the relevant provisions under the Disability Discrimination Act 1992. In the instance of clause 2.16(2)(a) of the Jetties Local Law the City is not seeking to disallow access to the Busselton Jetty and adjacent swimming jetty to assistance animals generally – it is only specified that guide dogs will not require the written consent of the local government.  The City would not discriminate against a person on the grounds of their disability by refusing them access to the jetties, including whether or not that person has an assistance animal.  Also should the relevant provisions under the Jetties Local Law found to be inconsistent with the Commonwealth legislation and invalid to that extent, it is apparent that the Commonwealth legislation would take precedence and therefore take effect over the local law.

 

For the purpose of clarity and good governance the City should however in due course amend the Jetties Local Law to replace the reference under clause 2.16(2)(a) to “guide dogs” with “assistance animals” (either as part of Parliament’s global initiative or as an ad hoc amendment undertaken the City).  In the interim, the inclusion of a note at clause 2.16 of the “working version” of the Jetties Local Law referencing the relevant provisions of the Commonwealth’s Disability Discrimination Act 1992 and making publicly available the undertakings given to the JSC in relation to this matter, should ensure that those persons responsible for enforcing the Jetties Local Law are aware of the relevant provisions under the Disability Discrimination Act 1992 and that the local law is applied consistently therewith.

 

It is therefore recommended that Council provide the undertakings as sought by the JSC.

 

CONCLUSION

 

Providing the undertakings required by the JSC, Council will ensure that the Jetties Local Law operates seamlessly with the relevant Commonwealth legislation until the required amendment can be made. 

 

OPTIONS

 

Council has the following alternative options:

 

Option 1              

 

Not to provide the undertakings sought by the JSC.   This may result in a protective notice of motion to disallow the Jetties Local Law being placed in the Legislative Council.

 

Option 2              

 

To commence without any delay the law making process for amending clause 2.16(2)(a) of the Jetties Local Law to ensure consistency with the Disability Discrimination Act 1992 (Cth).  There is however still an opportunity to effect this amendment as part of Parliament’s global amendment initiative which could potentially avoid the City following the time consuming and expensive process of an ad hoc local law amendment. Therefore this alternative is not recommended.

 

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

 

The City should by December 2014 have a clear indication whether the required amendment of the Jetties Local Law can be included under Parliament’s global amendment initiative. If not the required ad hoc amendment of the Jetties Local Law is to be undertaken within six months of the “global amendment” being concluded.

 

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council resolves to:

 

1.            Provide the following undertakings in relation to the City of Busselton Jetties Local Law 2014:

 

(a)           To within six months of The Parliamentary Counsel’s global amendment initiative               being concluded, amend clause 2.16(2)(a) of the local law for consistency with the         Disability Discrimination Act 1992 (Cth);

(b)          To include a Note at clause 2.16 of the ‘working’ version of the local law referencing         the relevant provisions of the Commonwealth’s Disability Discrimination Act                1992(Cth);

(c)           That clause 2.16(2)(a) will not be enforced in a manner contrary to these               undertakings given;

(d)          That where the local law is made publicly available, whether in hard copy or         electronic form, it be accompanied by a copy of these undertakings; and

(e)          To provide a copy of the minutes of this Council to the Joint Standing Committee on         Delegated Legislation.

 

  


Council                                                                                      175                                                               27 August 2014

15.             Chief Executive Officer's Report

15.1           COUNCILLORS' INFORMATION BULLETIN

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

Attachment c    Report Detailing Current Status of State Administrative Tribunal Appeals With the City

Attachment d   Letter regarding Local Planning Scheme 21 from WAPC

Attachment e    Schedule of Modifications

Attachment f    LPS 21 Including Track Changes  

  

PRÉCIS

 

This report provides an overview of a range of information that is considered appropriate to be formally presented to the Council for its receipt and noting.  The information is provided in order to ensure that each Councillor, and the Council, is being kept fully informed, while also acknowledging that these are matters that will also be of interest to the community.

 

Any matter that is raised in this report as a result of incoming correspondence is to be dealt with as normal business correspondence, but is presented in this bulletin for the information of the Council and the community.

 

 

INFORMATION BULLETIN

15.1.1    Planning & Development Services Statistics

 

Planning Applications

 

Attachment PDS1 is a report detailing all Planning Applications received by the City between 16 and 31 July, 2014.  Twenty four formal applications were received during this period.

 

Attachment PDS2 is a report detailing all Planning Applications determined by the City between 16 and 31 July, 2014.  A total of thirty five applications (including subdivision referrals) were determined by the City during this period with all approved / supported.

 

15.1.2    State Administrative Tribunal (SAT) Appeals

 

Attachment PDS3 is a list showing the current status of State Administrative Tribunal Appeals involving the City of Busselton as at 31 July, 2014.  Please note that, as there are now no live SAT matters (the Port Geographe matter is neither live nor is it a matter the City is directly a party to) provided that no new applications are lodged, next months update will simply state that there are no live SAT matters. 

15.1.3    Schedule of Modifications Local Planning Scheme 21

 

Attachment D is a letter from Tim Hillyard, Secretary, Western Australian Planning Commission, confirming the Minister's approval of the Scheme subject to modifications.

 

Also attached is an electronic version of the schedule of modifications (Attachment E) and the tracked changed version of the text (Attachment F).

 

 

OFFICER RECOMMENDATION

That the items from the Councillors’ Information Bulletin be noted:

·    15.1.1              Planning & Development Services Statistics

·    15.1.2              State Administrative Tribunal (SAT) Appeals

·    15.1.3              Schedule of Modifications Local Planning Scheme 21

 

 

 


Council

177

27 August 2014

15.1

Attachment a

Report Detailing Planning Applications Received

 


 


Council

177

27 August 2014

15.1

Attachment b

Report Detailing Planning Applications Determined

 


 


Council

183

27 August 2014

15.1

Attachment c

Report Detailing Current Status of State Administrative Tribunal Appeals With the City

 

 (Note:  All applications (excluding WAPC matters) are managed by the legal services section of Finance and Corporate Services in conjunction with the responsible officer below.)

 

As at 31 July 2014

APPEAL (Name, No. and Shire File Reference)

DATE COMMENCED

DECISION APPEAL IS AGAINST

RESPONSIBLE OFFICER

 

STAGE COMPLETED

NEXT ACTION AND DATE OF ACTION AS PER SAT ORDERS

DATE COMPLETED / CLOSED

16283SUB P6513

WAPC ref:137898

Tallwood Nominees v WAPC

(Port Geographe Phase Two new subdivision conditions)

DR203 of 2009

Jan/Feb 2009

Appeal against conditions of subdivision approval (NOTE: appeal is against WAPC subdivision approval).

Sharon Woodford-Jones

·      AWBMP subject to ongoing review.  The agencies considered the terms of the consent order have not been complied with.

·      Tallwood Nominees are in liquidation.

·      State Solicitors Office is now dealing with the SAT appeal and we are a party with an interest, no further date set at this stage, nothing is expected to change at this point in time unless the development is sold.

·       Awaiting sale of development.

 

SAT

Threadgold vs City of Busselton

January 2014

Appeal against the amount of sand to be extracted and the sealing of Haag Road.

Pete Malavisi

·      First Mediation March 13. Agreement to reword condition 1 so as to increase potential of pit up to same amount as originally approved.  Applicant to provide details for upgrading gravel road and City to consider prior to next scheduled mediation.

·      Mediation May 12, City to consider proposal for gravel road with relevant widening.

·      The City is required to provide a formal response in relation to the proposal before the City by 10th June.

·      Agreement has been reached through mediation with a final directions hearing scheduled for July 4 which is now expected to be vacated.

·      To provide revised conditions to be issued as consent orders.  To be completed by 7July 2014.

·      Consent Orders issued on 7 July 2014, significant changes are areas for sand extraction have been reduced and requirement for sealing of Haag Rd removed.  However, Haag Rd to be widened to 7m, bonds to be taken to manage dust and maintenance.

·     

7 July 2014

SAT

Troncone vs City of Busselton

March 2014

Appeal against Citys refusal of a holiday home in Dunsborough Lakes

Carly Rundle/Pete Malavisi

·      Directions hearing held Mar 21

·      Applicant has lodged a new application and report to be prepared to take the matter to Council for April 23.

·       Another directions hearing scheduled for July 4 depending on outcome from the Council meeting.

·       Resolution as per Council meeting has now been completed and a conditional approval issued to the applicant.  Awaiting confirmation that the matter has now been vacated.

·       Matter now vacated

·       Planning Consent issued on 30 June 2014, time limited to 5 years for holiday home including condition for implementation of any recommendations from the acoustic report.  Applicant notified City on 15/7/14 that sound wall has been constructed in accordance with the report.

 

·      

2 July 14

 


Council

183

27 August 2014

15.1

Attachment d

Letter regarding Local Planning Scheme 21 from WAPC

 


 


Council

189

27 August 2014

15.1

Attachment e

Schedule of Modifications

 

SCHEDULE OF MODIFICATIONS

CITY OF BUSSELTON

LOCAL PLANNING SCHEME NO. 21

ATTACHMENT 6

No.

Clause Ref/

Location

Modification

Reasons

1.

Scheme & Map

Incorporate the modifications proposed in the recently approved Amendment No. 130 to TPS No. 20

Need to carry over approved Amendment otherwise changes will be lost with the gazettal of LPS No. 21.

Text Modifications

2.

All Scheme Text

Undertake a comprehensive proof read of the scheme text to identify and correct any typographical, formatting, numbering, agency naming and grammatical errors.

 

Undertake a comprehensive check of all Scheme clause cross referencing.

 

Modify the scheme text in accordance with the 'track changed' version at Attachment 2.

Ensures document is correct and easy to read and comprehend.

 

 

 

Ensures correct operation of scheme.

 

 

Incorporates amendments gazetted post 12 August 2009 to the current Scheme No. 20, the City’s recommended modifications and minor modifications and wording, grammar and formatting corrections including the changes documented below.

3.

Various

Change ‘development application’ or ‘planning application’ to ‘application for planning approval’

Correct  MST terminology

4.

Cl 1.4 & Cl 6.12.1

Renumber map sheet numbers to reflect the additional sheets added to the scheme (Refer to associated map modifications 40 & 41 below).  Total sheets will now be 33, with the ‘Contributions Sheet’ being sheet No. 33.

Ensures clauses refer to the correct number of sheets, as applicable.

5.

Cl 4.2.10(ii) & (iii)

Remove the words ‘of the scheme’.

Wording is unnecessary.

6.

Cl 4.5.3 (b)

Delete ‘within the Rural Residential zone’.

Unnecessary wording

7.

Cl 4.5.3(d)

Reword clause to provide clarity and delete reference to 20ha lot size.

Intensive Agriculture use is not permitted in the Rural Residential zone in the Zoning Table regardless of lot size.

8.

Cl 5.3.1(f)

Change “acceptable development” to “deemed to comply”.

Consistent R-Codes terminology.

9.

Cl 5.3.1 (h)

Change ‘part 6’ to ‘part 7’

Correct cross reference

10.

Cl 5.8.3

Update R-Code clause references to 5.1.6 (P6) and 6.1.2. (P2)

Reflects the latest version of the R-Codes

11.

Cl 5.28

Change ‘Department of Environment’ to ‘Department of Parks and Wildlife’.

Correct department name.

12.

Cl 5.23.3

Change clause cross reference to Cl 5.23.2

 Corrects clause cross reference typographical error.

13.

Cl 5.34.2(d)

Change ‘substantively’ to ‘substantially’.

Correct terminology.

14.

Cl 5.37

Remove all text pertaining to Cl 5.37 ‘Exhibition Centres in the Viticulture & Tourism Zone’ and renumber subsequent clauses and cross references accordingly.

Provisions are not contained in the TPS No. 20 and is therefore not a policy neutral clause.  Recommend that change be included in the proposed omnibus amendment.

15.

Cl 5.40.3

Refer to “Agriculture”, “Intensive Agriculture” and  “Recreation Agriculture”  

These are the correct land use descriptions and ‘agriculture - extensive’ is not a land use defined in the scheme.

16.

Cl 6.4.3

Delete ‘to which this clause applies’ and replace with ‘within the Landscape Value area’.

Removes potential ambiguity.

17.

Cl 6.4.4

Change ‘6.4’ to ‘6.4.3’

Specific cross reference.

18.

Cl 6.5.6(b)

Change ‘of’ to ‘and’

Grammar

19.

Cl 7.5.8

Modify wording to clarify scope of Commission’s determination matters.

Consistent with clause 25(7) of TPS No. 20 and draft Model Scheme Text provisions for structure plans.

20.

Cl 9.2.1 & 9.2.2

Modify the wording of the introductory and concluding ‘permitted development clauses as per the track changes (Attachment 2).

Retains the intent of the ‘permitted development’ clauses, but significantly improves the wording, format and clarity of these clauses.

21.

Schedule 1

Interpretations

Change ‘’Caravan Park” to Caravan Park & Camping Grounds”

Change “Stock Yard” to “Stock & Sale Yard”

Consistency between Zoning Table (Table 1) and Interpretations (Schedule 1).

22.

Schedule 1

Interpretations

‘Showroom”

Change “goods of a bulky nature” to “bulky goods”

The term “bulky goods” is defined in the schedule.

23.

Schedule 2, Additional Use A76, Condition 3

Change ‘six (6) chalets’ to ‘nine (9) chalets’ and ‘900m2 to ‘1350m2.

Consistent with the wording of the provision contained in Amendment No. 149 to TPS No. 20

24.

Schedule 2

Ensure that any unallocated “Additional Use No’s” are indicated as either ‘This Additional Use is unallocated’ or ‘Deleted via Amendment No ?’ to DTPS No. 20 (date)’

Ensures that there is no numbering gap in the schedule. (Note: this modification has not been incorporated into the track changed version – Attachment 2)

25.

Schedule 3

Ensure that any unallocated “Special Provision Area No’s” are indicated as either ‘This Special Provision Area is unallocated’ or ‘Deleted via Amendment No ?’ to DTPS No. 20 (date)’

Ensures that there is no numbering gap in the schedule. (Note: this modification has not been incorporated into the track changed version – Attachment 2)

26.

Schedule 3

SP area16, special provision 7a)iv)

Correct clause cross reference ‘6.2’.

6.2 is the incorrect clause number.

27.

Schedule 3, SP23, Condition 5a)ii)

Change ‘Clause 2.5’ to ‘Part 2’

Reflects the appropriate part in the most recent R-Codes.

28.

Schedule 3, SP23, Condition 5c)

 

Change in the clause ‘5(c)’ to ‘5(b)’.

Correct clause cross reference.

29.

Schedule 3, SP34, Condition 2

Change ‘Lot 5’ to ‘Lot 65’.

Reflects the correct lot number in Amendment No. 157.

30.

Schedule 3, SP41, Particulars of Land column

Change ‘28’ to ‘38’.

Correct Lot No.

31.

Schedule 3, SP54, Condition 9

Delete ‘by Scheme Amendment 88’.

Reserves shown via Amendment No. 88 will cease to exist and have been carried over into the new scheme, so reference to the old Amendment document is not necessary.

32.

Schedule 14 title, clause cross reference

Change from ‘[Cl 9.2(i)]’ to ‘[Cl9.2.1(i)]’.

Correct cross reference.

33.

Cl 10.1(l)

Change clause cross reference to ‘9.2.1(i)’

Ensures correct clause reference.

34.

Cl 12.4.1 & 12.4.2 & Note.

Delete and replace with the following:

 

12.4.1   A person whose land or property is injuriously affected by the making or amendment of the Scheme may make a claim for compensation under section 178 of the Act.

 

Note :  A claim for compensation under section 178 of the Act may be made in the Form No. 7 in Appendix  A of the Town Planning Regulations 1967.

 

Ensures the compensation clauses are consistent with the  Planning & Development Act 2005 and removes the inconsistencies generated by the current MST provisions.

Map Modifications

35.

Various Sheets

Support the City’s proposed modifications contained in the maps submitted on 15 April 2014, subject to the additional modifications required in this schedule.

Incorporates amendments gazetted post 12 August 2009 to the current Scheme No. 20, and recommended minor modifications that correct drafting errors.

36

All Sheets

Modify the maps to be consistent with standard scale, presentation and drafting standards, to the satisfaction of the of the Department of Planning (e.g. produce maps at A1 size; Sheets 1 & 2 show ‘sheet reference maps’ as cadastre only (i.e. no zoning/colours) and reintroduce ‘Refer to Sheet X’ designations; adjust line thicknesses (e.g. ‘Area’ designations).   

·      Consistency of scheme drafting across the State;

·      Consistency with advertised version of the scheme;

·      Improves readability/clarity of plans; and

·      Eliminates the duplication of zoning maps (i.e. potential for errors and conflict between larger scale and smaller scale maps).

37.

Sheets Title Block

Remove ‘note’ (disclaimer) and reference to the Scheme No. 20 gazettal date.

Scheme No. 21 is a new scheme and therefore reference to ‘accuracy’ or ‘errors’ and what will be a superseded scheme is unnecessary and will cause confusion.

38.

Various Sheets

Add additional R-Code and SP No. etc. values around match lines.

Corrects drafting errors and ensures ‘values’ are shown on both sheets.

39.

Various Sheets

‘Recreation’ reserves and ‘Ocean’ designations to be made consistent with the advertised version of Scheme No. 21.

Reverting to the gazetted version of Scheme No. 20 for these designation creates large areas which will not be zoned/reserved (i.e. ‘No Zone’).  This means that these land parcels will have no planning controls and be open to potentially inappropriate development. Also, the Shire’s submitted modifications do not form part of Council’s resolution and therefore there is no head of power for this change to be made. Also, Scheme No. 21 appropriately addresses previous reservation anomalies (e.g. roads which have been incorrectly identified as ‘Recreation’ reserve or portions of lots shown as ‘No Zone’ ).

40.

Sheet 2

Add additional Map Sheet to cover the Forrest Beach locality. (Note associated text modification No. 4)

Map scale is too small for accurate interpretation (e.g. ‘SP 54’ and various ‘Area’ designations).

41.

Sheet 1 & 2

Add additional Map Sheet to cover the ‘Ambergate North’ and ‘Andrew Lane’ Rural Residential localities. (Note associated text modification No. 4)

Map scale is too small for accurate interpretation.

42.

Sheet1

Remove ‘HMAS Swan Wreck’ identification.

Has no planning/scheme purpose.

43.

Sheet 7

‘Public Purposes WT’ reserve to match Reserve 44036 cadastre boundary.

Alignment/drafting error.

44.

Sheet 10

Show all of Reserve 31591, Lot 3001 as ‘Recreation’ reserve.

Change Lot 111 Stone Street, Quindalup from ‘Residential’ zone to ‘Public Purposes’ reserve with a ‘WA’ water authority designation.

Currently portion shown incorrectly as ‘no zone’.

 

Land is owned by Water Corporation and contains utility infrastructure.

45.

Sheet 12 & 13

Add ‘Special Provision Area’ boundary to SP 31 area ‘Dunsborough Industrial Park’

Boundary is missing from this area.

46.

Sheet 15

Change land behind Lot 7 (No. 396) Caves Road, Siesta Park from ‘Ocean’ and ‘No Zone’ to ‘Recreation’ reserve.

Corrects drafting error.

47.

Sheet 2

Add missing ‘Recreation’ reserve consistent with gazetted Amendment No. 88 to Scheme No. 20.

Omitted gazetted reservation as a result of reverting all ‘Recreation’ reserves to the initially gazetted Scheme No. 20 version.

48.

Sheet 2 & 28

Add missing ‘Recreation’ reserve consistent with gazetted Amendment No. 164 to Scheme No. 20.

Omitted gazetted reservation as a result of reverting all ‘Recreation’ reserves to the initially gazetted Scheme No. 20 version.

49.

Sheet 23

Add missing ‘Recreation’ reserve (Pt Lot 500) consistent with gazetted Amendment No. 96 to Scheme No. 20.

Omitted gazetted reservation as a result of reverting all ‘Recreation’ reserves to the initially gazetted Scheme No. 20 version.

50.

Sheet 24

Add missing ‘Recreation’ reserve consistent with gazetted Amendment No. 168 to Scheme No. 20.

Omitted gazetted reservation as a result of reverting all ‘Recreation’ reserves to the initially gazetted Scheme No. 20 version.

51.

Sheet 24

Add ‘Recreation’ reserve around ‘Business’ zone in Frederick Street.

Consistent with advertised Scheme No. 21.

52.

Sheet 25

Add ‘Recreation reserve to north of ‘Special Purpose WFS’ area.

Consistent with advertised Scheme No. 21.

53.

Sheet 12 & 17

Adjust ‘Addition Use’ A 76 boundary to match cadastre.

Addition use currently does not reflect the relevant lot boundaries and encroaches on to adjacent road reserves and lots which was not the intent of the initial Amendment No. 149.

54.

Sheet 12 & 17

Adjust ‘Addition Uses’ A 75 & A 37 boundary to match cadastre.

Addition use currently does not reflect the relevant lot boundaries and encroaches on to adjacent road reserves and lots which was not the intent of the initial Amendment No. 149.

55.

Sheet 23

Include the ‘Adelaide Street Special Character Area’, as per gazetted Amendment No. 125 to Scheme No. 20.

Has been Inadvertently removed.

56.

Various Sheets

Change all ‘Pubic Purpose’ sites that are currently shown as black to yellow.

Corrects drafting error.

57.

Various Sheets

Relocate Sheet No. inserts 11 - 15 and 18 - 29 to the east to provide greater map coverage of the Yalyalup and Airport Industrial localities.

Improved detailed map coverage.

 


Council

193

27 August 2014

15.1

Attachment f

LPS 21 Including Track Changes

 

 

ATTACHMENT 2

 

COB-RGB

 

 

 

 

 

 

 

DRAFT

(CONSOLIDATED MODEL SCHEME TEXT COMPLIANT)

 

 

 

 

 

LOCAL PLANNING SCHEME No. 21

 

 


PLANNING AND DEVELOPMENT ACT 2005

 

RESOLUTION DECIDING TO PREPARE A LOCAL PLANNING SCHEME

 

CITY OF BUSSELTON

 

LOCAL PLANNING SCHEME NO. 21

 

                                                                                                     

 

 

 

RESOLVED that the local government, in pursuance of section 72 of the Planning and Development Act 2005, prepare the above Local Planning Scheme with reference to an area situated wholly within the City of Busselton and enclosed within the inner edge of black border on a plan now produced to the Council of the local government and marked and certified by the Chief Executive Officer under his hand dated the ________ day of ___________, 20___ as “Scheme Area Map”.

 

 

 

 

 

 

 

 

 

 

Dated this                          day of                                20

 

 

 

 

________________________

MIKE ARCHER

CHIEF EXECUTIVE OFFICER

 

 

 

 

 


 

 

 

 

CITY OF BUSSELTON

 

LOCAL PLANNING SCHEME No. 21

 

The City of Busselton under the powers conferred on it by the Planning and Development Act 2005 makes the following Local Planning Scheme.

 

 

 

 

 

 

This Local Planning Scheme of the City of Busselton consists of this scheme text and the scheme map. 

 

The Scheme divides the local government district into zones to identify areas for particular uses and identifies land reserved for public purposes and recreation. Most importantly, the Scheme controls the types of uses and development allowed in different zones. There are particular controls included for heritage and 'area' designations. The Scheme text also sets out the requirements for planning approval, enforcement of the Scheme provisions and non-conforming uses.


Council

197

27 August 2014

15.1

Attachment f

LPS 21 Including Track Changes

 

 

TABLE OF CONTENTS

 

PART 1 – PRELIMINARY

 

1.1       CITATION

 

1.2       RESPONSIBLE AUTHORITY

 

1.3       SCHEME AREA

 

1.4       CONTENTS OF SCHEME

 

1.5       PURPOSES OF SCHEME

 

1.6       AIMS OF THE SCHEME

 

1.7       DEFINITIONS

 

1.8       RELATIONSHIP WITH OTHER SCHEMES

 

PART 2 – LOCAL PLANNING POLICY FRAMEWORK

 

2.1       LOCAL PLANNING POLICIES

 

2.2       RELATIONSHIP OF LOCAL PLANNING POLICIES TO SCHEME

 

2.3       PROCEDURE FOR MAKING OR AMENDING A LOCAL PLANNING POLICY

 

2.4       REVOCATION OF LOCAL PLANNING POLICY

 

PART 3 – RESERVES

 

3.1       RESERVES

 

3.2       REGIONAL RESERVES

 

3.3       LOCAL RESERVES

 

3.4       USE OF LOCAL RESERVES

 

3.5       DEVELOPMENT OF LOCAL RESERVES

 

PART 4 – ZONES

 

4.1       ZONES

 

4.2       OBJECTIVES AND POLICIES OF THE ZONES

 

4.3       ZONING TABLE

 

4.4       INTERPRETATION OF THE ZONING TABLE

 

4.5       EXCEPTIONS TO THE ZONING TABLE

 

4.6       LAND USE PERMISSIBILITY IN THE SPECIAL PURPOSE, VASSE DEVELOPMENT AND DEFERRED VASSE DEVELOPMENT ZONES

 

TABLE 1 – ZONING TABLE

 

4.7       ADDITIONAL USES

 

4.8       RESTRICTED USES

 

4.9       SPECIAL PURPOSE ZONE

 

4.10    NON-CONFORMING USES

 

4.11    EXTENSIONS AND CHANGES TO A NON-CONFORMING USE

 

4.12    DISCONTINUANCE OF NON-CONFORMING USE

 

4.13    TERMINATION OF A NON-CONFORMING USE

 

4.14    DESTRUCTION OF NON-CONFORMING USE BUILDINGS

 

PART 5 – GENERAL DEVELOPMENT REQUIREMENTS

 

5.1       COMPLIANCE WITH DEVELOPMENT STANDARDS AND REQUIREMENTS

 

5.2       RESIDENTIAL DESIGN CODES

 

5.3       SPECIAL APPLICATION OF RESIDENTIAL DESIGN CODES

 

5.4       RESTRICTIVE COVENANTS

 

5.5       VARIATIONS TO SITE & DEVELOPMENT STANDARDS & REQUIREMENTS

 

5.6       ENVIRONMENTAL CONDITIONS

 

5.7       DEVELOPMENT ON A PUBLIC ROAD OR UNZONED LAND

 

5.8       HEIGHT OF BUILDINGS

 

5.9       PROVISION OF SERVICES

 

5.10    WATER SUPPLY

 

5.11    EFFLUENT DISPOSAL

 

5.12    DUMPING OF WASTES

 

5.13    VEHICLES, CARAVANS, TRAILERS IN RESIDENTIAL AREAS

 

5.14    RESIDENTIAL ENTERPRISE

 

5.15    CORNER SHOP

 

5.16    COTTAGE INDUSTRY

 

5.17    BED AND BREAKFAST

 

5.18    PERMANENT / RESIDENTIAL OCCUPATION OF TOURIST DEVELOPMENTS

 

5.19    RESIDENTIAL DEVELOPMENT IN THE BUSINESS ZONE

 

5.20    SERVICE ACCESS IN THE BUSINESS & RESTRICTED BUSINESS ZONES

 

5.21    SERVICE COURTS IN THE BUSINESS & RESTRICTED BUSINESS ZONES

 

5.22    PARKING IN THE BUSINESS AND RESTRICTED BUSINESS ZONES

 

5.23    CASH-IN-LIEU OF PARKING IN THE BUSINESS AND RESTRICTED BUSINESS ZONES

 

5.24    PARKING IN INDUSTRIAL DEVELOPMENT

 

5.25    USE OF SETBACK AREAS IN THE INDUSTRIAL ZONE

 

5.26    FACTORY UNIT BUILDINGS

 

5.27    FACADES IN THE INDUSTRIAL ZONE

 

5.28    DEVELOPMENT OF DAMS IN RURAL AREAS

 

5.29    FIRE MANAGEMENT IN RURAL AREAS

 

5.30    CLEARING OF LAND IN RURAL AREAS OR LAND CODED R2, R2.5 OR R5

 

5.31    ANCILLARY ACCOMMODATION IN RURAL AREAS

 

5.32    BUILDING ENVELOPES IN RURAL AREAS

 

5.33    BUILDING MATERIALS AND VISUAL AMENITY IN THE RURAL LANDSCAPE AND CONSERVATION ZONES

 

5.34    SUBDIVISION OF LOTS WITH MORE THAN ONE DWELLING IN THE AGRICULTURE AND VITICULTURE AND TOURISM ZONES

 

5.35    SETBACK REQUIREMENTS IN THE AGRICULTURE AND VITICULTURE AND TOURISM ZONES

 

5.36    VEGETATION SURVEYS IN THE CONSERVATION AND BUSHLAND PROTECTION ZONES

 

 

5.37    SPECIAL PROVISIONS RELATING TO THE RURAL RESIDENTIAL ZONE

 

5.38    SPECIAL PROVISIONS RELATING TO THE RURAL LANDSCAPE ZONE

 

5.39    SPECIAL PROVISIONS RELATING TO THE BUSHLAND PROTECTION ZONE

 

5.40[HF1]               PROHIBITED ADVERTISEMENTS

 

PART 6 - SPECIAL CONTROL AREAS

 

6.1       OPERATION OF SPECIAL CONTROL AREAS

 

6.2       DEVELOPMENT INVESTIGATION AREA

 

6.3       SPECIAL PROVISION AREA

 

6.4       LANDSCAPE VALUE AREA

 

6.5       WETLAND AREA

 

6.6       COASTAL MANAGEMENT AREA

 

6.7       SPECIAL CHARACTER AREA

 

6.8       AIRPORT PROTECTION AREA

 

6.9       PORT GEOGRAPHE DEVELOPMENT AREA

 

6.10    WASTE WATER EXCLUSION AREA AND WASTE WATER BUFFER AREA

 

6.11    FLOODWAY AREA AND OTHER FLOOD PRONE LAND

 

6.12    DEVELOPMENT CONTRIBUTION AREAS

 

6.13    DESIGNATED BUSHFIRE PRONE AREAS

 

PART 7 - STRUCTURE PLANS, DEVELOPMENT GUIDE PLANS, DETAILED AREA PLANS AND DEVELOPER CONTRIBUTIONS PLANS

 

7.1       COMPLIANCE WITH ADOPTED PLANS

 

7.2       PREPARATION OF PLANS

 

7.3       REVIEW OF PLANS

 

7.4       STRUCTURE PLANS

 

7.5       DEVELOPMENT GUIDE PLANS

 

7.6       DETAILED AREA PLANS

 

7.7       DEVELOPER CONTRIBUTIONS PLANS

 

PART 8 - HERITAGE PROTECTION

 

8.1       HERITAGE LIST

 

8.2       DESIGNATION OF A HERITAGE AREA

 

8.3       HERITAGE AGREEMENTS

 

8.4       HERITAGE ASSESSMENT

 

8.5       VARIATIONS TO SCHEME PROVISIONS FOR A HERITAGE PLACE OR HERITAGE AREA

 

PART 9 - DEVELOPMENT OF LAND

 

9.1       REQUIREMENT FOR APPROVAL TO COMMENCE DEVELOPMENT

 

9.2       PERMITTED DEVELOPMENT

 

9.3       AMENDING OR REVOKING PLANNING APPROVAL

 

9.4       UNAUTHORIZED EXISTING DEVELOPMENT

 

9.5       TEMPORARY DEVELOPMENT

 

 

 

PART 10 - APPLICATIONS FOR PLANNING APPROVAL

 

10.1    FORM OF APPLICATION

 

10.2    ACCOMPANYING MATERIAL

 

10.3    ADDITIONAL MATERIAL FOR HERITAGE MATTERS

 

10.4    ADVERTISING OF APPLICATIONS

 

PART 11 - PROCEDURE FOR DEALING WITH APPLICATIONS

 

11.1    CONSULTATION WITH OTHER AUTHORITIES

 

11.2    MATTERS TO BE CONSIDERED

 

11.3    DETERMINATION OF APPLICATIONS

 

11.4    FORM AND DATE OF DETERMINATION

 

11.5    TERM OF APPROVAL

 

11.6    TEMPORARY PLANNING APPROVAL

 

11.7    SCOPE OF PLANNING APPROVAL

 

11.8    APPROVAL SUBJECT TO LATER APPROVAL OF DETAILS

 

11.9    DEEMED REFUSAL

 

11.10  REVIEWS

 

PART 12 - ENFORCEMENT AND ADMINISTRATION

 

12.1    POWERS OF THE LOCAL GOVERNMENT

 

12.2    DELEGATION OF FUNCTIONS

 

12.3    PERSON MUST COMPLY WITH THE PROVISIONS OF THE SCHEME

 

12.4    COMPENSATION

 

12.5    PURCHASE OR TAKING OF LAND

 

12.6    NOTICE FOR REMOVAL OF CERTAIN BUILDINGS OR OTHER WORK

 

PART 13 - SCHEDULES

 

SCHEDULE 1      INTERPRETATIONS

 

SCHEDULE 2      ADDITIONAL USES

 

SCHEDULE 3      SPECIAL PROVISION AREAS

 

SCHEDULE 4      SPECIAL CHARACTER AREAS

 

SCHEDULE 5      WETLAND AREAS (DIRECTIONS FOR MATTERS TO BE INCLUDED IN A STATEMENT OF ENVIRONMENTAL EFFECTS)

 

SCHEDULE 6      FORM OF APPLICATION FOR PLANNING APPROVAL

 

SCHEDULE 7      ADDITIONAL INFORMATION FOR ADVERTISEMENT APPROVAL

 

SCHEDULE 8      NOTICE OF PUBLIC ADVERTISEMENT OF PLANNING PROPOSAL

 

SCHEDULE 9      NOTICE OF DETERMINATION ON APPLICATION FOR PLANNING APPROVAL

 

SCHEDULE 10   ENVIRONMENTAL CONDITIONS

 

SCHEDULE 11   VASSE DEVELOPMENT ZONE - SPECIAL PROVISIONS

 

SCHEDULE 12   DEFERRED VASSE - DEVELOPMENT ZONE SPECIAL PROVISIONS

 

SCHEDULE 13   PROVISIONS APPLYING TO SUSSEX LOCATION 413 SMITHS BEACH ROAD, YALLINGUP

 

SCHEDULE 14   EXEMPTED ADVERTISEMENTS

 

SCHEDULE 15   DEVELOPMENT CONTRIBUTION AREA

 

 


Council

221

27 August 2014

15.1

Attachment f

LPS 21 Including Track Changes

 

 

 

PART 1 - PRELIMINARY

 

 

 

 

1.1       CITATION

 

1.1.1      The City of Busselton Local Planning Scheme No. 21 (the Scheme) comes into operation on its Gazettal date.

 

1.1.2      The following Scheme is revoked -

 

Name

Gazettal date

 

Shire of Busselton District Town Planning Scheme No. 20

 

 

7 September 1999

 

1.2       RESPONSIBLE AUTHORITY

 

The City of Busselton is the responsible authority for implementing the Scheme.

 

1.3       SCHEME AREA

 

The Scheme applies to the Scheme area which covers the entire local government district of the City of Busselton as shown on the Scheme map.

 

1.4       CONTENTS OF SCHEME

 

The Scheme comprises -

  

(a)              the Scheme text; and

 

(b)             the Scheme map (sheets 1 - [HF2] 33 and a legend sheet).

 

6.              Note:           The Scheme map comprises 33 sheets and a legend sheet which identify land in the Scheme area in the various zones, reserves and area designations.  In addition, each sheet contains the Scheme title, scale and north point. The adoption citation and legend of the various zones, reserves and area designations, which relate to Sheets 1 to 33 are depicted on a separate Sheet. Sheet 33 contains a separate legend exclusive to that sheet.[HF3] 

 

1.5       PURPOSES OF SCHEME

 

The purposes of the Scheme are to -

 

(a)       set out the local government’s planning aims and intentions for the Scheme area;

 

(b)       set aside land as reserves for recreation and public purposes;

 

(c)        zone land within the Scheme area for the purposes defined in the Scheme;

 

(d)       control and guide land use and development;

 

(e)       set out procedures for the assessment and determination of applications for planning approval;

 

(f)        make provision for the administration and enforcement of the Scheme; and

 

(g)       address other matters set out in Schedule 7 to the Planning and Development Act.

 

1.6       AIMS OF THE SCHEME

 

The aims of the Scheme are -

 

(a)       to provide for the development and, where necessary, the improvement of the City of Busselton in physical, social and economic terms (and, in particular, to broaden its economic base) and for orderly and economic development and optimum use of its land and other resources, consistent with the conservation of important natural and man-made features, and to do so in such a way that the likely need and aspirations of the people of the City, the region and the State will be provided for and realised;

 

(b)       to provide a comprehensive planning instrument for the City that is clear and explicit but which provides flexibility in its application;

 

(c)       to provide resourceful guidance to -

 

(i)        the preparation of development guide plans;

 

(ii)       public authorities in respect of the likely future needs of the City;

 

(iii)      the private sector in terms of future development opportunities and requirements; and

 

(iv)      the community in respect of the manner in which the effects of growth and change are proposed to be managed;

 

(d)       to ensure that rational decisions are made with regard to land use and that the assessment and classification of land resources on the basis of capability and suitability are an essential facet of the planning process;

 

(e)       to facilitate the provision of public amenities and community support services consistent with the development and growth of the City;

 

(f)        to ensure that growth and development of the City occurs in a way which preserves existing environmental qualities and minimises adverse environmental impacts;

 

(g)       to ensure that existing and future residents enjoy a range of attractive living environments and have access to the widest possible range of services and amenities;

 

(h)       to protect and enhance areas within the City identified as being of significant environmental value;

 

(i)        to encourage the conservation and extraction of geological resources so as to prevent sterilisation of known resources by inappropriate development; and

 

(j)        to generally implement and reflect the policies and strategies outlined in the City of Busselton Local Rural Planning Strategy (“the Local Rural Planning Strategy”) and (where not inconsistent with that Strategy and/or this Scheme) the Leeuwin Naturaliste Region Plan - Stage 1 and the State Planning Policy No. 6.1 - Leeuwin-Naturaliste Ridge.

 

1.7       DEFINITIONS

 

1.7.1      Unless the Scheme or the context otherwise requires, words and expressions used in the Scheme have the same meaning as they have -

 

(a)       in the Planning and Development Act; or

 

(b)       if they are not defined in that Act -

 

(i)         in Schedule 1; or

 

(ii)       in the State Planning Policy No. 3.1 Residential Design Codes (“R-Codes”).

 

1.7.2      If there is a conflict between the meaning of a word or expression in Schedule 1 and the meaning of that word or expression in the R-Codes -

 

(a)       in the case of a development to which the R-Codes applies, the definition in the R-Codes prevails; and

 

(b)       in any other case the definition in Schedule 1 prevails.