COB-RGB

 

 

 

 

 

Council  Agenda

 

 

 

8 April 2015

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 8 April 2015

 

 

 

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, 8 April 2015, commencing at 5.30pm .

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

27 March 2015


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 8 April 2015

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 25 March 2015. 5

9.2          Minutes of the Special Council held on 30 March 2015. 5

Committee Meetings. 6

9.3          Minutes of the Meelup Regional Park Management Committee held 10 March 2015. 6

9.4          Minutes of the Policy and Legislation Committee held 26 March 2015. 6

10..... Reports of Committee. 8

10.1        Policy and Legislation Committee - 26/03/2015 - BUSH FIRE CONTROL OFFICER APPOINTMENT. 8

10.2        Policy and Legislation Committee - 26/03/2015 - MINOR UPDATING OF COUNCIL POLICIES FOLLOWING FURTHER REVIEW PROCESS. 11

11..... Planning and Development Services Report. 47

11.1        LOCAL PLANNING POLICY, PORT GEOGRAPHE VILLAGE CENTRE PRECINCT PLAN.. 47

11.2        AMENDMENT NO.6 - LOT 3 (500) BUSSELL HIGHWAY, BROADWATER. 83

11.3        COUNCIL REPRESENTATIVE FOR THE YALLINGUP LAND CONSERVATION DISTRICT COMMITTEE. 91

12..... Engineering and Work Services Report. 94

Nil

13..... Community and Commercial Services Report. 94

Nil

14..... Finance and Corporate Services Report. 95

14.1        AMENDMENT JETTIES LOCAL LAW... 95

15..... Chief Executive Officer's Report. 102

15.1        COUNCILLORS' INFORMATION BULLETIN.. 102

16..... Motions of which Previous Notice has been Given.. 108

Nil

17..... Confidential Reports. 108

Nil

18..... Questions from Members. 108

19..... Public Question Time. 108

20..... Next Meeting Date. 108

21..... Closure. 108

 


Council                                                                                      5                                                                           8 April 2015

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

Nil

Approved Leave of Absence

 

Cr Grant Henley

3.               Prayer

                   The prayer will be delivered by Reverend Ted vanSponsen from Busselton Free Reformed

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 25 March 2015

Recommendation

That the Minutes of the Council  Meeting held 25 March 2015 be confirmed as a true and correct record.

 

9.2             Minutes of the Special Council held on 30 March 2015

Recommendation

That the Minutes of the Special Council Meeting held 30 March 2015 be confirmed as a true and correct record.

 

Committee Meetings

9.3             Minutes of the Meelup Regional Park Management Committee held 10 March 2015

 

RECOMMENDATION

 

1)        That the minutes of a meeting of the Meelup Regional Park Management Committee held on 10 March 2015 be received.

 

2)        That the Council notes the outcomes of the Meelup Regional Park Management Committee meeting held on 10 March 2015 being:

 

a)            The Committee supported dog management areas for Meelup Regional Park being Eagle Bay foreshore comprising a 450 metre section of beach on part Reserve 21629, extending northwards from Jingarmup Brook as a modified seasonal area where dogs are allowed on leash from 1 August to 30 April and allowed to be off leash for the rest of the year, Eagle Bay foreshore between Jingarmup Brook to a line at right angles to the beach northward of a sign erected at the south eastern apex of Lot 203 as a dog exercise area except between 9.00am and 5.00pm during the period 1 December to 28 February inclusive and all other areas of the Park to be specified as areas prohibited to dogs. 

 

b)            The Committee noted the X-Adventure event to be held in Meelup Regional Park on 13 and 14 March 2015 and requested that the bike trail in alignment at Attachment A in the agenda to be authorized by the City as the alignment trail for the 2015 event.

 

c)            The Committee noted the Environment Officer’s report.

 

d)            The Presiding Member discussed with the Committee a recent meeting he attended along with the Mayor and CEO, addressing the Committee’s Terms of Reference.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.4             Minutes of the Policy and Legislation Committee held 26 March 2015

 

RECOMMENDATION

 

1)    That the minutes of a meeting of the Policy and Legislation Committee held on 26 March 2015 be received.

 

2)    That the Council notes the outcomes of the Policy and Legislation Committee meeting held on 26 March 2015 being:

 

a)    The Bush Fire Control Officer Appointment is presented to Council at item 10.1 of this agenda.

 

b)    The Minor Updating of Council Policies Following Further Review Process item is presented to Council at item 10.2 of this agenda.

 

c)    The Manager, Environmental Services and the Environmental Health Coordinator facilitated a discussion with the Committee in relation to the development of a policy in relation to buskers in accordance with the Thoroughfares Local Law.

 

 

 

 

 


Council                                                                                      9                                                                           8 April 2015

10.             Reports of Committee

10.1           Policy and Legislation Committee - 26/03/2015 - BUSH FIRE CONTROL OFFICER APPOINTMENT

SUBJECT INDEX:

Bush Fire Control and Emergency Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger and Emergency Services

REPORTING OFFICER:

Ranger and Emergency Services Coordinator - Dean Freeman

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 26 March 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report recommends the appointment of a Bush Fire Control Officer for the Dunsborough Bush Fire Brigade for the purpose of enforcing the relevant provisions of the Bush Fires Act 1954.

 

 

BACKGROUND

 

The Dunsborough Bush Fire brigade has nominated Mr Andrew Hunt to be appointed as a Bush Fire Control Officer for the City. Mr Hunt’s nomination has been submitted with the intention of developing a succession plan to meet the future needs of the Brigade with respect to experienced Bush Fire Control Officers.

 

Council may appoint a Bushfire Brigade member as a BFCO to perform the duties required by the Act, and to oversee the running of their respective bushfire brigades. Where a Bushfire Brigade nominates a member for appointment as a BFCO, the nomination is submitted to Council’s Bushfire Advisory Committee for endorsement, following which BFCO nominations are submitted to Council with a recommendation for appointment.

 

STATUTORY ENVIRONMENT

 

Section 38 of the Bush Fires Act 1954 empowers Council to appoint persons as Bush Fire Control Officers.

 

The City’s Bush Fire Advisory Committee is appointed in accordance with Section 67(1) of the Bush Fires Act 1954, to, in part, advise Council on matters relating to preventing, controlling and extinguishing of bush fires, the planning of the layout of fire-breaks in the district, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control.

 

RELEVANT PLANS AND POLICIES

 

The City’s Bush Fire Strategic Plan was adopted in 2005 and is the overarching plan for the City’s management of bush fire issues and includes provisions relating to the appointment, role and responsibility of a BFCO.

 

FINANCIAL IMPLICATIONS

 

There is minor expenditure associated with the requirement of the Act for BFCO appointments to be advertised at least once in a local newspaper. This expenditure can be accommodated within Council’s annual budget allocation for the management of its Bushfire Brigades.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Consideration of this matter is consistent with Community Objective 6.3 - An organisation that is managed effectively and achieves positive outcomes for the community – of the City of Busselton Strategic Community Plan 2013.

 

RISK ASSESSMENT

 

An assessment of the potential implications of not implementing the officer recommendation has

been undertaken using the City’s risk assessment framework. The table below identified ‘downside’

risks only rather than ‘upside’ risks and where the risk, following implementation of controls has

been identified as medium, or greater.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Unregulated burning

causing risk to

community life and

property

Enforcement of

burn permit system

and conditional

approvals for fuel

hazard reduction

burns

Moderate

Possible

Medium

 

CONSULTATION

 

City staff have consulted with the following individuals and bodies:

 

·    Chief Bush Fire Control Officer

·    Deputy Chief Bush Fire Control Officer

·    DFES District Office

 

The process of consultation when there is a requirement to appoint a BFCO or to replace a retired BFCO for a particular brigade area, involves the relevant Bushfire Brigade nominating one of its members for appointment as a BFCO for their area. This nomination is then submitted to Council’s Bushfire Advisory Committee for endorsement, following which BFCO nominations are submitted to Council with a recommendation for appointment. Mr Hunt’s nomination for appointment as a BFCO was considered and supported by the City’s Bush Fire Advisory Committee at its meeting on the 9 September 2014.

 

There is also a requirement under the Act for each BFCO appointment to be advertised to the Community, in a local newspaper.

 

OFFICER COMMENT

 

To ensure the City is meeting its obligations under the Act, to regulate the issue of permits and reduce the impact of a bushfire, it is necessary for Council to review the appointment of BFCO for the district of Busselton. The changes proposed reflect a request from Dunsborough Bush Fire Brigade.

 

 

CONCLUSION

 

Council to appoint the brigade member to the position of BFCO as recommended.

 

OPTIONS

 

Council may elect not to appoint the BFCO referred to in the Officer Recommendation and may request an alternative BFCO be appointed in which case another Bushfire Brigade volunteer with suitable experience would need to be identified.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Subject to Council approval, the proposed delegation to the Chief Executive Officer will become effective immediately following the Ordinary Meeting of Council on the 25 March 2015.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council appoints Andrew Hunt of the Dunsborough Bush Fire Brigade as a Bush Fire Control Officer pursuant to section 38 of the Bush Fires Act 1954.

 

 

 


Council                                                                                      11                                                                        8 April 2015

10.2           Policy and Legislation Committee - 26/03/2015 - MINOR UPDATING OF COUNCIL POLICIES FOLLOWING FURTHER REVIEW PROCESS

SUBJECT INDEX:

Policies and Procedures

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Support Services

REPORTING OFFICER:

Manager, Governance Services - Lynley Rich

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Current Convening of the Council Following an Ordinary Election policy

Attachment b    Current Shire Promotion - Federal Government Partnerships policy

Attachment c    Current Code of Conduct

Attachment d   Current Regional Price Preference policy

Attachment e    Current Street Names policy

Attachment f    Current Senior Employees policy  

 

This item was considered by the Policy and Legislation Committee at its meeting on 26 March 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The City’s rolling review of Council policies continues via the Policy and Legislation Committee.  This report presents a range of policies that have been thoroughly reviewed by the responsible officers and assessed as requiring no change with the exception of updating terminology to City, Mayor and Deputy Mayor.  While no substantial changes are recommended, the operation of each policy has been examined in detail to ensure no other changes are required.

 

 

BACKGROUND

 

The Policy and Legislation Committee has endorsed an ongoing policy review process, whereby all policies of the Council will be reviewed, with the aim of determining the ongoing applicability of the policies, along with standardisation and reduction.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

Each policy referred to in this report has been developed in accordance with and reviewed cognisant of the relevant enabling legislation.

 

RELEVANT PLANS AND POLICIES

 

This report proposes the minor update of a series of existing policies of the Council.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications arising from the review of these policies.

 

Long-term Financial Plan Implications

 

Not applicable.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The ongoing review of Council policies helps achieve governance systems that deliver responsible, ethical and accountable decision-making.

 

RISK ASSESSMENT

 

Having a policy relating to any matter is an effective risk mitigation strategy and there are no risks remaining at a sufficient level for further individual assessment.

 

CONSULTATION

 

Not required.

 

OFFICER COMMENT

 

This report presents a range of policies that have been thoroughly reviewed by the responsible officers and assessed as requiring no change with the exception of updating terminology to City, Mayor and Deputy Mayor.  While no substantial changes are recommended, the operation of each policy has been examined in detail to ensure no other changes are required.

 

In the main, it is the considered view of the relevant officers that the policies included in this report have been operating efficiently and effectively since the previous review was undertaken by the Policy and Legislation Committee and the Council.

 

CONCLUSION

 

The policies have provided consistent guidance to City decision-making processes and it is not considered that any changes are required, other than minor updates to terminology to recognise City status and the associated positions of Mayor and Deputy Mayor.

 

OPTIONS

 

The Committee may recommend and the Council may determine that a policy or policies are not required or that further changes are necessary.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The policies remain effective and the updated versions will take effect as soon as a decision is made by the Council.

 

 

 

 

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

1.    Adopts the following updated Convening of the Council Following an Ordinary Election Policy:

 

014

Convening of the Council Following an Ordinary Election

V2 Draft

 

1.            PURPOSE

 

This policy is to provide for the timely conduct of ceremonies following an election and to recognise the special significance of the business to be conducted at the Council's first meeting.

 

2.            SCOPE

 

This policy applies following any Ordinary Election for the Council, recognising that it is after this election that a Mayoral election is to occur.  Where any extraordinary election for the Council is conducted or an extraordinary Mayoral vacancy occurs, due regard should be given to the significance of the required ceremonies and a special meeting or ceremony should be arranged where practicable.

 

3.            POLICY CONTENT

 

It is recognised that the first meeting following an Ordinary Election has special significance and should therefore be convened as a Special Meeting of Council to allow the business of the Council to be transacted at its ordinary meetings in as timely a manner as practicable.

 

Newly elected members cannot participate in the transaction of Council business until they have made a declaration before an authorised person.  Once the newly elected members have made the declaration, the first order of business for the newly convened Council must be the Election of a Mayor and a Deputy Mayor.

 

It is impracticable for this to occur at an ordinary meeting of the Council and a Special Meeting of the Council shall be convened for this purpose. It is important for this meeting to be scheduled for the first suitable occasion following the elections and wherever possible it shall occur on the Monday evening immediately following the ordinary election day.

 

The proceedings shall commence with the “Swearing In” ceremony for new Councillors to be followed by the Special Meeting for the election of the Mayor and Deputy  Mayor and consideration of Council’s Committees, membership of the Committees and the appointment of Council delegates to various other groups.

 

In recognition of the significance of the occasion, the Special Meeting shall usually be followed by a meal to which Councillors, partners and executive staff and partners will be invited.

 

Policy Background

 

Policy Reference No. - 014

Owner Unit – Governance

Originator – Manager, Governance Services

Policy approved by – Council

Date Approved - 10 March, 2010

 

History

 

Council Resolution

Date

Information

 

 

Version 2 draft

C1003/075

10 March, 2010

Date of implementation

Version 1

 

2.    Adopts the following updated City Promotion – Federal Government Partnerships Policy:

 

022

City Promotion - Federal Government Partnerships

V2 Draft

 

1.            PURPOSE

 

The City of Busselton seeks to establish partnerships with both the Federal and State Governments and to maximise Government funding opportunities to deliver benefit to the City.  Communication is a key component to assist in attracting funding by ensuring that projects and development opportunities in the City of Busselton are promoted and there is a high level of awareness at all levels of Government of the Local Government's initiatives in this regard.

 

2.            SCOPE

 

This Policy applies specifically to the establishment of partnerships and relationships at Federal level in that it is acknowledged that Federal Members and Departments are generally not as readily accessible as the State Government equivalents by reason of distance and broad areas of responsibility.

 

3.            POLICY CONTENT

 

The City of Busselton will utilise a range of mechanisms to promote projects and development opportunities for Government investment potential in the City.  This will include a range of regular communication techniques and professional project portfolio information.

 

This policy is established to provide the specific authority for a delegation from the City of Busselton to visit Canberra annually or as the need arises for the purpose of awareness raising, relationship building and promotion of the City of Busselton to the Federal Government.  The City delegation shall, whenever possible, include the Mayor and Chief Executive Officer, and may include another Councillor and City Officer as required.

 

In order to maximise the opportunities to promote the City of Busselton to Federal Members and Departments, in arranging the delegation the CEO should have due regard to the following matters:

·    The promotional activities of other Local Governments occurring at the time, such that the City's message is not lost or diluted;

·    The opportunity to combine the Canberra delegation with other development or conference opportunities available at that time;

·    The potential for the delegation to be jointly conducted with neighbouring Local Government/s for projects and development opportunities of regional significance;

·    The potential for the visit to be coordinated in conjunction with and supported by the local Federal Member to assist with introductions and relevant contacts.

 

The delegation shall be conducted utilising established Conference and Training funds and shall be given a high priority for access to the funds provided by the Council for this purpose.   

 

 

 

Policy Background

 

Policy Reference No. - 022

Owner Unit – Chief Executive Office

Originator – Chief Executive Officer

Policy approved by – Council

Date Approved – 8 December 2010

Review Frequency – As required

 

History

 

Council Resolution

Date

Information

 

 

Version 2 draft

C1012/412

8 December, 2010

Date of implementation

Version 1

 

 

3.    Adopts the following updated Code of Conduct:

 

037

Code of Conduct

V8 Draft

 

1.            PURPOSE

 

A local government, in accordance with Section 5.103(1) of the Local Government Act 1995, is required to prepare or adopt a Code of Conduct to be observed by Council members, Committee members and employees.  The Code of Conduct is to contain matters as prescribed by Regulations and can also make further provision for expectations of Council members, Committee members and employees.

 

The Code of Conduct is a statement of guidance for Council members that is supplementary to the enforceable rules in the Local Government (Rules of Conduct) Regulations 2007.  It is also a statement of guidance and specific requirements to be observed by Committee members and employees of the City of Busselton.

 

2.            SCOPE

 

2.1          DEFINITIONS

 

"Committee member" - Any member appointed to a Committee constituted by Council in accordance with Section 5.8 of the Local Government Act 1995 by virtue of Section 5.10 of that Act, whether a Council member or not.

"Council member" - Any person who holds the office of Councillor on the Council of the City of Busselton, including the Mayor and Deputy Mayor.

"Employee" - Any person who is employed by the City of Busselton.  For the purposes of the sections of the Code of Conduct in relation to employees' disclosure of interests, this shall include a person who under a contract for services with the local government will provide advice or a report on a matter.

 

The Code of Conduct is to apply, insofar as it is applicable to each type of person, to every Council member, Committee member and employee of the City of Busselton.  Any provision in this Code of Conduct is of effect only to the extent that it is not inconsistent with the Act and Regulations <Ref: Local Government Act 1995 Section 5.103(3)>, and any other statutory power.

 

This Code of Conduct does not seek to replicate the role of or requirements for Council members, Committee members or employees contained in other legislation, including but not limited to the Local Government Act 1995 and the Local Government (Rules of Conduct) Regulations 2007.  The Guiding Statements of Responsibility section of this code requires individuals to be aware of their role and responsibilities.

 

2.2          OBLIGATION TO OBSERVE

 

2.2.1      Council members

 

The obligation to observe a Code of Conduct for Council members arises from Section 5.103 of the Local Government Act 1995 and a declaration that they have made to observe that code or the Rules of Conduct Regulations, upon election to the Council at a swearing in ceremony before a Justice of the Peace or a person authorised by the Oaths, Affidavits and Statutory Declarations Act 2005 to take statutory declarations.

 

Further to that, aspects of the Code of Conduct are also linked to the Local Government Act 1995 and associated Rules of Conduct Regulations which are enforceable in their own right.

 

2.2.2      Committee members

 

The obligation for Committee members (that are not also Council members) to observe a Code of Conduct arises from the requirement in Section 5.103 of the Local Government Act 1995.  Committee members are appointed to their positions by the Council in accordance with Section 5.10 of that Act and can also be removed from the office by the local government in accordance with Section 5.11(2)b of the Act.

 

2.2.3      Employees

 

The obligation for employees to observe a Code of Conduct arises from Section 5.103 of the Local Government Act 1995, the Local Government (Administration) Regulations 1996 <Ref:  Administration Regulations 34B and 34C> and the terms and conditions of their employment with the City of Busselton.  The observance of Council policies is a key responsibility of any employee and any breach of those responsibilities could incur disciplinary action, including termination, via the management framework established in accordance with the CEO's responsibilities under Section 5.41(g) of the Local Government Act 1995.

 

2.3          BREACH OF CERTAIN PROVISIONS

 

Where a requirement in the Code of Conduct is prescribed in an Act or Regulations, any alleged breach may be investigated by another statutory body, including but not limited to the Department of Local Government and Regional Development and the Corruption and Crime Commission.

 

3.            POLICY CONTENT

 

3.1          GUIDING STATEMENTS OF RESPONSIBILITY

 

3.1.1      Principles

 

(a)          In acting in the capacity of a Council member, Committee member or employee of the City of Busselton, all persons shall espouse the principles outlined in regulation 3 of the Local Government (Rules of Conduct) Regulations 2007.  Specifically, any person acting in that capacity shall:

·    Act with reasonable care and diligence;

·    Act with honesty and integrity;

·    Act lawfully;

·    Avoid damage to the reputation of the local government;

·    Be open and accountable;

·    Base decisions on relevant and factually correct information;

·    Treat others with respect and fairness;

·    Not be impaired by mind affecting substances.

 

(b)          Additionally, all Council members, Committee members and employees shall:

·    Provide relevant and factually correct information to decision-makers;

·    Fulfil their public and professional duties in a manner that is ethical, impartial, objective, responsible and in the best interests of the local government uninfluenced by fear or favour;

·    Act in accordance with their obligation of fidelity to the local government;

·    Not use or attempt to use their positions for personal benefit or the personal benefit of others, either by influencing others, the improper use of information gained in the performance of their duties, or otherwise;

·    Contribute to the good governance and strategic priorities of the City of Busselton in accordance with the adopted vision, values, plans and budget as amended by Council from time to time <Ref:  City of Busselton Strategic Community Plan, Annual Budget et al>;

·    Understand and be mindful of their role, responsibilities, empowerment and limitations and act within those parameters <Ref:  Local Government Act 1995 Sections 2.7, 2.8, 2.9, 2.10, 5.41, part 5 division 9 and generally;  Local Government (Rules of Conduct) Regulations 2007; Local Government (Administration) Regulations 1996 regulations 34B and 34C; Committee Terms of Reference; Employee Position Descriptions; Delegations Register et al>.

·    Refrain from making allegations which are improper or derogatory, unless true, in the public interest and in an appropriate forum;

·    Refrain from any form of conduct in the performance of their official or professional duties which may cause any reasonable person unwarranted offence or embarrassment.

 

3.1.2      Achievement of priorities

 

(a)          The local government framework of: the Council, the staff body and any Committees that the Council resolves to constitute; is established to ensure the Council's corporate goals are achieved, its strategies are implemented and its statutory obligations met.  The achievement of these requirements, in accordance with adopted plans and strategies, requires teamwork, cooperation and respect for the unique role of each component of that framework.

 

3.2          MATTERS OF CONDUCT

 

3.2.1      General - Applicable to Council members, Committee members and employees

 

3.2.1.1   Lawful actions

 

(a)          It is the responsibility of all Council members, Committee members and employees to act in a manner that is lawful and in accordance with the Acts, Regulations, codes and other policies and procedures that are relevant to their particular position. 

 

Any omission of a specific requirement from this Code of Conduct does not negate a person's responsibility to observe and comply with provisions that are applicable to their position.

 

3.2.1.2   Compliance with orders and policies

 

(a)          Council members, Committee members and employees will comply with any lawful and reasonable order given by any person having authority to make or give such an order.

 

Any doubts as to the propriety of any such order shall be taken up with the superior of the person who gave the order and, if resolution cannot be achieved, with the Chief Executive Officer.

 

(b)          Council members, Committee members and employees will give effect to the lawful policies of the local government and/or have due regard for the lawful policies of the local government in decision-making, whether or not they agree with or approve of them.

 

3.2.1.3   Conflicts of interest

 

An important consideration for any Council member, Committee member or employee is to ensure that there is no actual (or perceived) conflict of interest between their personal interests and the impartial fulfilment of their statutory or contracted civic or professional duties. 

 

(a)          Any Council member, Committee member or employee intending to undertake a dealing in land within the local government area that involves an application for planning consent or subdivision approval, or which may otherwise be in conflict with the City's functions, shall provide written notice of this intention to the Chief Executive Officer.  The notice shall be provided as soon as practicable in all circumstances, but where an application is to be lodged with the local government or another statutory body for approval, then within 7 days of the lodgement of that application.  This requirement does not extend to the purchase of the principal place of residence.

 

(b)          Where a relative (refer definition in section 3.2.4.2 of this code) of a Council member, Committee member or employee with that person's knowledge is intending to undertake a dealing in land within the local government area that involves an application for planning consent or subdivision approval, or which may otherwise be in conflict with the City's functions, written notice shall also be provided in accordance with section 3.2.1.3 (a).

 

(c)           Where it is the Chief Executive Officer or a relative of the Chief Executive Officer intending to undertake a dealing in land in accordance with this section, the written notification required is to be provided to the Mayor.

 

(d)          When an application is made by a Council member, Committee member, employee or a relative of any of those persons, the Council member, Committee member or employee has no greater or lesser rights than those of any other member of the public in relation to access to information and access to City officers.  Council members, Committee members and employees shall observe the requirements of seeking information through the usual local government process for a member of the public and booking appointments in their own time to meet with officers of the City. 

 

(e)          In receiving a written notice on a matter where a local government decision is required, the Chief Executive Officer or the Mayor as the case may be, shall consult with the most senior officer within the directorate responsible for planning who is not otherwise the employee dealing in land as to the requirement or otherwise of an assessment of the application by a suitably qualified independent person and as to the appropriateness of determining the application under delegation or referring it to Council for a decision.

 

Nothing in section 3.2.1.3 negates or replaces the disclosure requirements of any person in accordance with Division 6 of the Local Government Act 1995 <Disclosure of Financial Interests>; Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 <Disclosure of Interest> or any other disclosure requirements in this code.

 

It is not the intention of this requirement to disadvantage any person due to their election to office or their employment.  The requirement is to ensure there is minimum potential for perceptions of or actual undue influence, advantage or disadvantage for a Council member, Committee member or an employee. 

The following sections of the Code of Conduct will address specific matters of conduct and, as necessary, provide specific direction on actions that must be taken when and as a matter arises by a person acting in a specific role.

 

3.2.2      Council members

 

Specific rules for Council members are defined in part 2 of the Local Government (Rules of Conduct) Regulations 2007

 

(a)          Further to that, Council members are to recognise their role as distinguished from that served by employees of the City of Busselton, and the Council (ie in its convened state).   

 

(b)          Council members when interacting with employees of the City of Busselton in their capacity as a Council member shall observe the protocol of making requests for information and discussing the business of the Council with the relevant Director and/or the identified responding officer during any organised briefing session for a matter before the Council for consideration.  The liaison between individual Council member and individual employee on matters of local government business shall be conducted in a respectful, courteous and honest manner.

 

3.2.3      Committee members

 

3.2.3.1   Disclosure of interest

 

(a)          The disclosure of any interest that could, or could reasonably be perceived to, affect the impartiality of a Committee member carrying out their role shall be made, insofar as the provisions can relate to Committee members, in accordance with the requirements for employees in 3.2.4.1 (a) of this Code of Conduct.

 

3.2.3.2 Gifts

 

(a)          If a Committee member is offered a gift of any description in connection with the performance of their role as a Committee member, the member shall seek advice in relation to that offer from the CEO of the City of Busselton, or his nominated representative, before accepting any gift. 

 

The advice provided shall be in accordance with the requirements for Council members and employees.

 

3.2.3.3   Confidential information

 

(a)          A Committee member must not disclose confidential information obtained in the performance of their duties to any other person outside of the Committee or relevant Local Government employees. 

 

For the purposes of section 3.2.3.3 confidential information is that which is discussed during a meeting or that part of a meeting that is closed to members of the public in accordance with the provisions of the Local Government Act 1995, or that is in a document of the local government that is marked confidential.

 

3.2.3.4   Use of local government resources

 

(a)          A Committee member shall make proper use of the local government's resources as allocated to the Committee, including but not limited to assistance from employees, stationary, access to the office and meeting rooms of the local government, and only for the purposes of advancing the work and requirements of the Committee in accordance with its Terms of Reference.

 

3.2.3.5   Relationships with the local government

 

(a)          Committee members shall not direct or attempt to direct any local government employee to do or not to do anything.

 

(b)          Employees of the local government will be allocated where and as necessary to assist a Committee with its required tasks.  It is expected that Committee members and employees with any responsibility in relation to that Committee will work together with a spirit of cooperation and understanding.

 

(c)           A Committee or Committee member shall not undertake tasks that contribute to the administration of the local government, except those tasks that are the direct responsibility of the Committee in accordance with its Terms of Reference and Council policies relating to Committees.  It is noted that Council considers members of its Management and Advisory Committees as working members and thus they are to contribute to the body of work required to be done by the Committee.

 

3.2.4      Employees

 

3.2.4.1   Disclosure of interest

 

Definitions for the purposes of section 3.2.4.1

 

"Interest" - Any interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.

 

(a)          An employee who has an interest in any matter to be discussed at a Council or Committee meeting attended by the employee is required to disclose the nature of the interest:

(i)            in a written notice to the CEO before the meeting; and/or

(ii)           at the meeting immediately before the matter is discussed.

 

(b)          An employee who has given, or will give, advice in respect of any matter to be discussed at a Council or Committee meeting not attended by the employee is required to disclose the nature of any interest the employee has in the matter:

(i)            in a written notice given to the CEO before the meeting; and/or

(ii)           at the time the advice is given.

 

(c)           If in order to comply with the requirements of 3.2.4.1 (a) or (b) an employee makes a disclosure in a written notice given to the CEO before a meeting, then:

(i)            before that meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting;

(ii)           immediately before a matter to which the disclosure relates is discussed at the meeting, the person presiding is to bring the notice and its contents to the attention of the persons present.

 

(d)          If in order to comply with the requirements of section 3.2.4.1:

(i)            the nature of an employee's interest in a matter is disclosed at a meeting; or

(ii)           a disclosure is made at a meeting if it is realised that an employee has an interest in a matter that they had not previously realised was for discussion at that meeting; or

(iii)      the presiding member brings to the attention of those present at the meeting a written disclosure;

then the nature of the interest is to be recorded in the minutes of the meeting.

 

Section 3.2.4.1 does not apply to interests referred to in Section 5.60 of the Local Government Act 1995 (in that a direct or indirect financial interest or a proximity interest must be disclosed in the manner described in Division 6 of Part 5 of that Act).

 

An employee is excused from a requirement under 3.2.4.1 (a) or (b) to disclose the nature of an interest if:

(i)            the employee's failure to disclose occurs because they did not know that he or she had an interest in the matter; or

(ii)           the employee's failure to disclose occurs because the employee did not know the matter in which he or she had an interest would be discussed at the meeting and the employee discloses the nature of the interest as soon as possible after becoming aware of the discussion of a matter of that kind.

 

Any interest that arises for an employee on a matter before the Council or a Committee for determination is required to be disclosed in the manner specified in 3.2.4.1 (a) or (b).  However, in recognition of the requirements discharged by employees during the course of their employment, including but not limited to the exercise of delegated authority, purchasing and tender evaluation, recruitment and selection, inspection and regulation, interests shall also be disclosed in other circumstances.  Disclosures are required to be made to the CEO of the City of Busselton in these circumstances.

 

(e)          If during the course of discharging the requirements of their employment, an employee becomes aware of an interest or a potential interest, that interest or potential interest is to be disclosed in a prompt and full manner to the CEO and direction sought on the ability to continue to discharge the requirements of their employment in this case.

 

(f)           If an employee is intending to engage in private work outside of their employment with the City of Busselton, either with a person or body with an interest in a proposed or current contract with the local government, or if the arrangement could, or could reasonably be perceived to, either immediately or in the future, result in an interest for the employee arising in their employment with the City of Busselton, the intention to engage in this work shall be disclosed in a prompt and full manner to the CEO and direction sought on the appropriateness of the arrangement.

 

3.2.4.2   Gifts

 

Definitions for the purposes of section 3.2.4.2 (and 3.2.1.3 relative)

 

"Activity involving a local government discretion" - Any activity that cannot be undertaken without an authorisation from the local government or by way of a commercial dealing with the local government.

 

Gift" - Any disposition of property, or the conferral of any other financial benefit, made by one person in favour of another otherwise than by will (whether with or without an instrument in writing), without consideration in money or money's worth passing from the person in whose favour it is made to the other, or with such consideration so passing if the consideration is not fully adequate, but does not include any financial or other contribution to travel (in that specific requirements for contributions to travel are covered in Section 5.83 of the Local Government Act 1995). This definition excludes:

·    A gift from a relative;

·    A gift that must be disclosed in accordance with regulation 30B of the Local Government (Elections) Regulations 1997;

·    A gift from a statutory authority, government instrumentality or non-profit organisation for professional training.

 

"Notifiable gift" - A gift worth between $50 and $300 or a gift that is one of two or more gifts given to the employee by the same person within a period of six months that are in total worth between $50 and $300.

 

"Prohibited gift" - A gift worth $300 or more or a gift that is one of two or more gifts given to the employee by the same person within a period of six months that are in total worth $300 or more.

 

"Relative" - a parent, grandparent, brother, sister, uncle, aunt, nephew, niece or lineal descendent of the person or of the person's spouse or de facto partner, the person's spouse or de facto partner or the spouse or de facto partner of the other specified relatives, whether or not the relationship is traced through, or to, a person whose parents were not actually married to each other at the time of the person's birth or subsequently, and whether the relationship is a natural relationship or a relationship established by written law.

 

(a)          Employees are required to refrain from accepting a prohibited gift from a person who:

(i)            is undertaking or seeking to undertake an activity involving a local government discretion; or

(ii)           it is reasonable to believe is intending to undertake an activity involving a local government discretion.

 

(b)          An employee who accepts a notifiable gift from a person who:

(i)            is undertaking or seeking to undertake an activity involving a local government discretion; or

(ii)           it is reasonable to believe is intending to undertake an activity involving a local government discretion;

is required to notify the CEO of the acceptance within 10 days of accepting the gift.

 

(c)           The notification of the acceptance of a notifiable gift is required to be in writing and include details of:

(i)            The name of the person who gave the gift;

(ii)           The date on which the gift was accepted;

(iii)          A description and the estimated value of the gift;

(iv)         The nature of the relationship between the employee and the person who gave the gift.

 

(d)          If the gift is notifiable as it is one of two or more gifts given to the employee by the same person within a period of six months that are in total worth between $50 and $300, whether or not it is also notifiable as it is worth between $50 and $300 itself, the notification is required to include, in relation to each other gift accepted within the six month period from that person:

(i)            A description;

(ii)           The estimated value;

(iii)          The date of acceptance.

 

(e)          The CEO is to maintain a register of notifiable gifts and record in it the details of notifications given to comply with a requirement under section 3.2.4.2.

 

3.2.4.3   Confidential information

 

(a)          Confidential information must only be disclosed by an employee to another person to the extent that is necessary for the employee to do so in the performance of his or her duties. 

 

For the purposes of section 3.2.4.3 confidential information is that which is discussed during a meeting or that part of a meeting that is closed to members of the public in accordance with the provisions of the Local Government Act 1995, or that is in a document of the local government that is marked confidential, or any other information obtained during the performance of duties that could reasonably be considered to be confidential or of a sensitive nature.

 

Nothing in this section enables the disclosure of any confidential or sensitive information to any Council member or Committee member if the information does not directly relate to a confidential matter that is on the agenda for a meeting of the Council or the Committee, nor to any employee who is not empowered or required by virtue of their position in the organisation to have that information.

 

The handling of confidential or sensitive information is a significant responsibility for employees with authorised access to such information.  Any imparting of such information must be undertaken in strict accordance with the requirements of this code.  Where there is any doubt as to the requirement to impart confidential or sensitive information, caution is urged as any unauthorised disclosure of such information is considered a serious breach of the employee's responsibilities.

 

3.2.4.4   Use of local government resources

 

(a)          An employee shall make proper use of the local government's resources and shall not use them for personal or private purposes, unless the use is otherwise provided for in a contract of employment, or authorised by the CEO by some other means. 

 

It is acknowledged that minor incidental (not primary and not majority) use of certain resources will be provided for in operational requirements. (An example of this would be to conduct an internet search or check a personal email account on a Shire computer during a designated break.  This type of minor incidental use is provided for in the City's email and internet practice, whereby it is stated these facilities are for almost exclusive business use).

 

3.2.4.5   Relationships with Council members and Committee members

 

Employees are employed by and responsible to the CEO of the City of Busselton.  While their direction, supervision and management is the sole responsibility of the CEO in accordance with Section 5.41(g) of the Local Government Act 1995, it is also recognised that the Chief Executive Officer has a responsibility to the Council of the City of Busselton to ensure employees provide it with relevant and quality advice. 

 

(a)          Employees shall therefore be aware of their duty to, via the Chief Executive Officer, provide relevant and quality advice to the Council and Committees.  They shall also act courteously and with due respect during their dealings with the Council, any Committee, any Council member or Committee member.  It is expected that employees will deal with each other, Council members and Committee members in an honest and respectful manner.

 

3.2.4.6   Administrative practices

 

(a)          As an overarching principle of employment, employees, in attending to their duties for the City of Busselton in their required and normal hours of employment including approved overtime, shall give their full attention to their duties and requirements throughout that time to ensure that their work is carried out efficiently and effectively.  Employees shall comply with any lawful and reasonable order given by any person having the authority to make or give such an order, (noting the restrictions on Councillors or Committee members in relation to directing local government employees).  They will also give effect to the lawful decisions of the Council in a prompt and effective manner.

 

 

 

Policy Background

 

Policy Reference No. - O37

Owner Unit – Governance

Originator –Manager, Governance Services

Policy approved by – Council

Date Approved - 25 June 2011

Review Frequency – As required, no statutory timeframe

Related Documents –

Local Government Act 1995

Local Government (Rules of Conduct) Regulations 2007

Local Government (Administration) Regulations 1996

Shire of Busselton Standing Orders Local Law

Background - Initiated October 2007 to replace former policy 037 (Code of Conduct) and former policy 238 (Planning Applications Lodged With the Shire by Elected Members, Employees and Closely Associated Persons).

 

History

 

Council Resolution

Date

Information

 

 

Version 8 draft

C1107/230

27 July, 2011

Addition of the words “purchasing and tender evaluation” to the Employee Disclosure of Interests section and deletion of Strategic Plan dates to simply refer to the Strategic Plan

Version 7

C0806/193

26 June, 2008

New code of conduct adopted by Council as a result of requirements of new legislation.

Version 6

C0412/435

8 December, 2004

Re-resolved as a continuing policy of the Council - no change.

Version 5

C0404/136

28 April, 2004

Reaffirmed by Council decision - no change.

Version 5

C015/268

7 May, 2001

Revised Code of Conduct adopted.

Version 5

C006/0367

28 June, 2000

Inclusion of additional impartiality interest disclosure clauses.

Version 4

C1099/0490

27 October, 1999

Revised Code of Conduct adopted.

Version 3

C998/0343

 

 

 

C998/0347

11 August, 1999

Inclusion of clauses requiring a register of token gifts to be kept and requirements for the acceptance of gifts

Inclusion of clauses requiring impartiality interests to be disclosed

Version 2

 

 

Version 1

 

4.    Adopts the following updated Regional Price Preference Policy:

 

049

Regional Price Preference

V3 Draft

 

1.            PURPOSE

 

In order to promote sub-regional development the City of Busselton will provide a price preference to regional suppliers (located within the stipulated area) when evaluating and awarding contracts with Council via the Tendering Process (note that no price preference will be offered for purchases made other than via the tendering process).  Any price preference provided will comply with Part 4A of the Local Government (Functions and General) Regulations 1996 as amended.

 

2.            SCOPE

 

This policy applies to all tenders called by the City of Busselton, unless Council resolves that this policy will not apply to a particular tender.

 

3.            POLICY CONTENT

 

The following price preference (where claimed) will be given to tenderers submitting tenders assessed in relation to this policy;

 

Part 1 Goods and Services

 

Up to a maximum price reduction of $50,000 unless a lesser amount is stipulated in the tender document.

 

Stipulated Area

 

·    10% reduction to all suppliers located within the district of the City of Busselton.

 

Part 2 Construction (building) Services

 

Up to a maximum price reduction of $50,000 unless a lesser amount is stipulated in the tender document.

 

Stipulated Area

 

·    5% reduction to all suppliers located within the district of the City of Busselton.

 

Part 3 Goods and Services, including Construction (Building) Services tendered for the first time where Council previously supplied the Goods or Services

 

Up to a maximum price reduction of $500,000 unless a lesser amount is stipulated in the tender document.

 

Stipulated Area

 

·    10% reduction to all suppliers located within the district of the City of Busselton.

 

Regional Price Preference will only be given to suppliers located within the stipulated areas for more than 6 months prior to the advertising date of the tender.

 

Located within the area stipulated is defined as a supplier having a physical presence in the way of a shop, depot, outlet, headquarters or other premises where the goods or services specifically being provided are supplied from.  This does not exclude suppliers whose registered business is located outside the stipulated area but undertake the business from premises within the stipulated area.  An example is a franchisee of a multinational company.

 

Only those goods and services identified in the tender as being from a source or supplied through the businesses physical presence located within the stipulated area will have the price preference applied when assessing the tender.

 

Price is only one factor that Council considers when evaluating a tender.  There is nothing contained within this policy that compels Council to accept the lowest tender or any tender based on price offered.

 

Policy Background

 

Policy Reference No. - 049

Owner Unit – Contracts and Tendering

Originator – Director, Finance and Corporate Services

Policy approved by – Council

Date Approved – 8 December 2010

Review Frequency – As required

Related Documents –

Local Government (Functions and General) Regulations 1996

 

History

 

Council Resolution

Date

Information

 

 

Version 3 draft

C1012/415

8 December 2010

Policy re-adopted in new standard format

Version 2

 

 

Version 1

 

5.    Adopts the following updated Street Names Policy:

 

141

Street Names

V3 Draft

 

1.            PURPOSE

 

In naming new streets or renaming existing streets, the City must apply to the Geographic Names Committee (GNC) for approval.  The GNC has established guidelines as to acceptable naming or renaming proposals.  This policy sets out the special circumstances by which a non-complying naming or renaming proposal may be considered for application to the GNC.

 

2.            SCOPE

 

The policy applies to all new streets or existing streets in the City of Busselton and includes all variations of street (such as road, place, boulevard etc).

 

3.            POLICY CONTENT

 

The established GNC criteria provides that:

·    Names should not be a duplication of an existing name.

·    Names of living individuals are not normally suitable.

·    Names characterised as follows are usually inappropriate:

·    Incongruous names

·    Christian names

·    Christian and surname combinations

·    Corrupted names

·    Unduly cumbersome or difficult to pronounce names

·    Obscene or derogatory names

·    Racist or discriminatory names

·    Company or commercialised names

Preferred sources of names include:

·    Aboriginal names

·    Pioneers, early settlers, war casualty lists

·    Thematic names, e.g. flora, ships, etc.

 

The City maintains an approved list of names and any application for a street name that does not appear on the approved list is to include supporting explanation and history of the proposal.  Complying proposals will be forwarded to the GNC.

 

In certain special circumstances, a departure from the criteria may be supported for application to the GNC for approval.  In order for a proposal for a street name that does not comply with the criteria to be supported the proposal must display one or more of the following:

·    The naming proposal demonstrates exceptional circumstances warranting special consideration;

·    The proposal is considered to be particularly beneficial for the District;

·    The proposed non-complying name has great significance, the significance of which would be lost without using the proposed name;

·    There is significant community support for the proposal.

 

Council approval is required and non-complying name proposals, except those that are obscene or derogatory, racist or discriminatory, shall be referred to Council for consideration.  Any approval provided by the Council must still be endorsed by the GNC to take effect.

 

Policy Background

 

Policy Reference No - 141

Owner Unit - Infrastructure Development

Originator - Manager, Governance Services

Policy approved by - Council

Date approved -

Review frequency - as required

 

History

 

Council Resolution

Date

Information

 

 

Version 3 draft

C1012/414

8 December, 2010

Clarification as to circumstances when a non-complying proposal will be considered

Version 2

 

 

Version 1

 

6.    Adopts the following updated Senior Employees Policy:

 

149

Senior Employees

V3 Draft

 

1.         PURPOSE

 

To designate employees as Senior Employees in accordance with Section 5.37(1) of the Local Government Act 1995.

 

2.         SCOPE

 

In accordance with Section 5.37(2) of the Local Government Act 1995, the CEO is to inform the Council of each proposal to employ or dismiss a Senior Employee.

 

In accordance with Section 5.39(1) the employment of a Senior Employee is to be governed by a written contract.

 

In accordance with Section 5.120, the Complaints Officer in relation to the Conduct of Certain Officials must be a Senior Employee or the CEO.

 

3.         POLICY CONTENT

 

The Senior Employees of the City of Busselton are designated as:

*          Director, Planning and Development Services;

*          Director, Community and Commercial Services;

*          Director, Engineering and Works Services;

*          Director, Finance and Corporate Services.

 

Policy Background

 

Policy Reference No. - 149

Owner Unit – CEO – Governance/Major Projects

Originator – CEO

Policy approved by – Council

Date Approved – 24 November 2010

Review Frequency – As required

Related Documents –

Section 5.37 of the Local Government Act 1995

Background -

Policy supersedes Policy 149/6 as at 1 January 2011

 

History

 

Council Resolution

Date

Information

 

 

Version 3 draft

C1011/406

24 November, 2010

New structure implemented

Version 2

 

 

Version 1

 

 


Council

29

8 April 2015

10.2

Attachment a

Current Convening of the Council Following an Ordinary Election policy

 


Council

31

8 April 2015

10.2

Attachment b

Current Shire Promotion - Federal Government Partnerships policy

 


 


Council

33

8 April 2015

10.2

Attachment c

Current Code of Conduct

 


 


 


 


 


 


 


 


 


 


Council

43

8 April 2015

10.2

Attachment d

Current Regional Price Preference policy

 


 


Council

45

8 April 2015

10.2

Attachment e

Current Street Names policy

 


 


Council

47

8 April 2015

10.2

Attachment f

Current Senior Employees policy

 

 


Council                                                                                      49                                                                        8 April 2015

11.             Planning and Development Services Report

11.1           LOCAL PLANNING POLICY, PORT GEOGRAPHE VILLAGE CENTRE PRECINCT PLAN

SUBJECT INDEX:

Planning Scheme

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Development Services

REPORTING OFFICER:

Manager, Development Services - Anthony Rowe

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Draft Amendment to Local Planning Policy – 4B Urban Centres Policy "Port Geographe Village Centre – Design Guidelines and Performance Standards

Attachment b    Summary of Submissions

Attachment c    Correspondence PGLOA 23 February 2015

Attachment d   Correspondence Master Builders WA 16 February 2015  

  

 

PRÉCIS

 

At the ordinary Council meeting of 28 January 2015, the City resolved to publish notice of a draft Amendment to Local Planning Policy – 4B Urban Centres Policy "Port Geographe Village Centre – Design Guidelines and Performance Standards”. The Draft Amendment was advertised on February 2015 and 13th February 2015 with submissions closing 27th February 2015.

 

The attached report reaffirms the need for the amendment and considers the submission received.

 

No changes are recommended to the Draft Amendment that was advertised.

 

The Draft Amendment is provided for Adoption.

 

 

BACKGROUND

 

Port Geographe

 

The Port Geographe Village Precinct Plan covers a discrete area bound by the coast, Layman Road and Keel Retreat.

 

The Local Planning Policy – 4B Urban Centres Policy "Port Geographe Village Centre – Design Guidelines and Performance Standards provides development principles for the Precinct that includes; the Village Centre core, grouped dwelling areas, tourist accommodation, resort village, boat launching and marina, core residential and non-core residential.

 

Within the Port Geographe Village Centre Precinct Plan, the “core residential” policies largely reflect the provisions that are found in the covenants within the Port Geographe area.  Due to the protracted period that has occurred with the development of Port Geographe, the covenants on some allotments in the Non-Core Residential Development area have now lapsed.

 

The R Codes alone will not achieve development that is consistent with Port Geographe Village Centre – Design Guidelines and Performance Standards. On this basis, the City desired to align the Local Planning Policy to the original planning direction and make single houses subject to planning approval. Whilst the City would not generally seek to reflect covenants in planning instruments, in this case there is considered to be a legitimate planning purpose for doing so.

 

STATUTORY ENVIRONMENT

 

Local Planning Scheme 21 enables the City to create Local Planning Policy to provide guidance on development requirements.  Local Planning Policy cannot contradict the Scheme, and the Scheme cannot contradict State policy (including the R-Codes) unless approved by the Minister.

 

The Scheme provides an opportunity at cl.9.2 (b)(ix), to capture single houses to require planning approval instead of being routinely Permitted – not requiring planning approval.

 

RELEVANT PLANS AND POLICIES

 

Local Planning Scheme 21 also identifies and/or provides a head of power for a number of ‘special character areas’ that specify design criteria that is different to the R-Codes.

 

This includes the area identified in the Port Geographe Development Plan, which is the same as the Special Area Rate.

 

It also refers to development being guided by:

 

·    The Port Geographe Landscape Plan (non-existent)

·    The Port Geographe Village Centre Precinct Plan

 

The Scheme, in addition, provides controls regarding canal lots, the canal edge and features to be retained in any modifications to the Port Geographe Development Plan, the Port Geographe Landscape Plan and the Port Geographe Village Centre Precinct Plan.

 

Modifying the Port Geographe Village Centre Precinct Plan

 

Clause 6.9.4 makes provision for Modifying the Port Geographe Village Centre Precinct Plan

 

(g)    The local government shall, in considering the Port Geographe Village Centre Precinct Plan and any subsequent modifications, be satisfied, prior to adoption that the following matters have been addressed.

(i)     The objectives of the Port Geographe Village Centre Precinct Plan have been followed.

(ii)    The mix of residential, tourist and business uses, as indicated in the Port Geographe Village Centre Precinct Plan and as adopted, have not been adversely affected by any subsequent version of the Port Geographe Village Centre Precinct Plan.

(iii)   That the marine-related facilities and the marina(s) within the boundary of the Port Geographe Village Centre Precinct are to be developed in accordance with the Port Geographe Village Centre Precinct Plan, and are in accordance with the objectives and policies of the zone.

(iv)   In adopting any subsequent Port Geographe Village Centre Precinct Plan, local government shall ensure that adequate public consultation is carried out by the proponents to allow for local community input and government agency responses or, in the case of minor changes, make the decision in its own right.

 

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications of the recommendations of this report.

 

Long-term Financial Plan Implications

 

There are no long-term financial plan implications of the recommendations of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework. The assessment identified ‘downside’ risks only; rather than upside risks as well.

 

The implementation of the Officer Recommendation will endorse the amendment to Local Planning Policy 4.

 

This amendment has been prepared in response to community concern and also is consistent with covenants that have been created for land within the area.  The amendment is therefore, expected to advance the City reputation.

 

CONSULTATION

 

The proposal was advertised on February 2015 & 13th February 2015.

 

Two submissions were received.  A summary of submissions is provided in Attachment B.

 

OFFICER COMMENT

 

Whilst it was a relocated home that first drew attention to the development control framework at the Port Geographe Village Centre Precinct, the concern has been to ensure that all future development regardless of construction type is consistent with Port Geographe Village Centre Precinct Design Guidelines.  The parameters of the R-Code deemed to comply, alone, will not achieve consistency with the Port Geographe Village Centre Precinct Design Guidelines.

 

The time taken for the development to occur in Port Geographe has been longer than expected when the original titles and convents were created.  In some locations, within the Port Geographe Village Centre Precinct, the original covenants have now lapsed, and without other design control it is jeopardizing the overall intent of a coherent and consistent design theme for the Village.  Also, since those titles were originally created the State has exempted single dwelling (if meeting R Code deemed to comply) from requiring planning approval. When the titles were created the original scheme intended all residential development in the Precinct be consistent with the Port Geographe Village design guidelines.

 

The Port Geographe Village design guidelines reflect the design controls specified in the covenants applying to the residential areas.  A close review of the policy, however, found that there were gaps in the application of the guidelines which became especially apparent with the lapsing of the covenants in some areas.  There is therefore, a risk of development occurring that is contrary to the intent of the Port Geographe Village design guidelines.

 

Since the consideration of Council on 25 January 2015, the City has received enquiries about the relocation of existing buildings sourced from, mostly, older areas of Busselton.  The incentive for renewal of housing stock in older, more central areas is providing a stock of buildings for relocation, if not demolished.  Unfortunately, some of these buildings are inconsistent with reasonable community expectations of residential character and amenity in other parts of the City. 

 

There are factors that make Port Geographe a potential location for these buildings.  The land has a high coastal amenity (attractive for establishing a holiday home), and the potential for capital gain/speculation is also attractive.  In other words – the incentive is to get a return in the form of a cheap building, which can be disposed of later, when the land price has increased significantly.

 

The Port Geographe Village Centre Precinct Plan and Local Planning Policy – 4B Urban Centres Policy "Port Geographe Village Centre – Design Guidelines and Performance Standards is therefore required to apply a consistency to all individual residential developments within the Precinct to collectively ensure the intent for the Port Geographe Village Centre Precinct is achieved.

 

Scheme 21 enables at Clause 9.2 (b) (ix) a local planning policy to require (call in ) a single house is to be subject to a planning consent.  The draft Amendment to Local Planning Policy – 4b Urban Centres Policy "Port Geographe Village Centre – Design Guidelines and Performance Standards”, will achieve this.  All single houses within the precinct will require planning approval and will be assessed against the Guidelines.

 

The City has also been assured by DoP that the effect of clause 9.2(b)(ix) is to be retained when the Planning and Development Regulations 2014 (MST and Deemed provisions) becomes operational on 1 July 2015. 

 

Submissions

 

Two submissions were received, one from the Port Geographe Land Owners Association and the other from the Master Builders (Association) Western Australia.  The submissions are summarized in Attachment B and provided at Attachments C and D respectively.

 

The Port Geographe Land Owners Association also made an enquiry regarding its desire to extend the affect of the proposed Port Geographe Village Centre Precinct Plan, to include the whole of the Special Area Rate area (SAR).

 

In reply, the City advised that the validity of extending Port Geographe Village Centre Precinct Plan to the whole SAR is not supported by the Scheme.  The Scheme identifies that there is a Port Geographe Village Centre Precinct Plan but it is something quite different to the Development Plan Area which is also the extent of the SAR. The Port Geographe Village Centre Precinct plan is narrowly about the business and tourist area and the residential area that is immediate to it, and frames it.

 

To achieve the purpose of extending the residential policies of the Port Geographe Village Centre Precinct, to the SAR as a whole, requires amendment of the Scheme. 

 

The City is not opposed to amending the Scheme but it is best undertaken as part of a comprehensive review that may include; the viability of the current limits on the tourist sites and any proposed change to the urban form that may result from the resolution of the ownership for the remainder of Port Geographe area.

 

In the meantime, the covenants outside the Village Centre Precinct remain active and are potentially effective.  The City does alert applicants by advisory note that a planning or building approval does not override the need to comply with the provisions of a covenant.  The City has elevated this note, affecting all areas of the City, to reinforce the awareness of any potential covenants to the applicant, its potential enforcement and the need for consistency with it.

 

The other submission was received came from the Master Builders (Association) Western Australia.  The submission misunderstands the proposed amendment to the Local Planning Policy and bundles it with concerns about the proposed Scheme amendment to address prefabricated buildings. 

 

The City, with either the Port Geographe Village Centre Precinct policy or the proposed Prefabricated Building amendment, will not prohibit dwellings utilizing a prefabricated method of construction.  It is only seeking to ensure that where such construction methods occur that the outcome is consistent with the character and type of buildings in the locality.

 

The City does however accept that in situ constructions can also be inconsistent with the character of a locality and there are emerging prefabrication techniques offering advantages over traditional materials that should be encouraged. 

 

Despite the MBA’s lament for consistency across the State, most new estates have covenants that augment the requirements of the R Codes.

 

Given the new estates have covenants to create a certain character people have bought into, the MBA’s position means that only residents of established areas, despite that they may also buy into the character of an area, can have no expectation it should be maintained.

 

The City is responding to this.  There is scope to amend the R-Codes to incorporate elements of local character within the deemed to comply provisions.  The City is presently reviewing its current residential policy to augment the deemed to comply provisions.  This will improve the character control over development that will be exempted from planning approval.

 

This may also be the best balance for the MBA.  It still provides certainty and speed of assessment that is sought by the MBA’s members, whilst also providing consistency between new estates and infill within established areas that is also consistent with the City responsibility to protect the community interest.

 

Modifying the Port Geographe Village Centre Precinct Plan

 

The draft Amendment to Local Planning Policy – 4B Urban Centres Policy "Port Geographe Village Centre – Design Guidelines and Performance Standards" is consistent with Clause 6.9.4 (g).  The draft amendment reaffirms and clarifies the intent of the policy and has been prepared with consultations undertaken, in accordance with Part 2 of Scheme 21.

 

CONCLUSION

 

The City considers there is a risk that development contrary to the intent of the Port Geographe Village Centre Precinct can occur and this warrants the proposed amendment to Planning Policy 4: Urban Centres Policy the entire section 4B - Port Geographe the Village Centre Precinct Plan.

 

OPTIONS

 

Fundamentally, other than the officer recommendation, the Council has two options –

 

1.    Not adopt the proposed changes to the policy; or

2.    Modify the proposed changes before final adoption, in response to submissions received.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If adopted the Draft Amendment has effect as at the date of notice. Notice will be arranged within one month of the Council making a resolution consistent with the officer recommendation.

 

OFFICER RECOMMENDATION

 

1.       That the Council, pursuant to clause 2.3 of the City of Busselton Local Planning Scheme 21, resolve to adopt for final approval the following amendments to Local Planning Urban Centres Policy

 

a)      Replace at cl 4 the words “8.  Core Residential” with the word “8.  Residential”;

b)     Replace the residential areas now separately identified as “Core Residential” and “Non -Core Residential” on the Plan , with a combined “Residential” area notated by an “8”;

c)      Replace the words “Core Residential” in the Plan legend with the word “Residential”;

d)     Replace cl 4.8 heading “Core Residential” with “Residential”; and

e)     Delete the whole of 4.8 and replace with:

In order to establish a distinct architectural hierarchy to the Village Centre Precinct, all residential development within the area of the Village Centre Precinct Map requires planning approval, pursuant to cl.9.2(b)(ix).

In principle, residential development should conform with the following;

(a)       The Residential Design Codes of Western Australia (R-Codes) are applicable, including the granting of discretion where warranted to meet the objectives for the Village Centre.

(b)       Ground floor walls should be of masonry construction.

(c)        Upper level walls should be of masonry construction or a rendered cement appearance with the use of lightweight (e.g. timber) cladding or feature panels or elements for up to 50% of the upper level wall surface.

(d)       Garages, carports and outbuildings should be consistent in construction and finish with the ground floor of the house.

(e)       Garages and cross overs should make up no more than 50% of the width of the frontage of the site, or 7m in width where the frontage is less than 12m in width.

(f)        Roofs should be of clay or concrete tile, or Colorbond metal with feature details in timber or fibrous cement sheet.

(g)       Roofs to garages, carports and outbuildings should be consistent in roof pitch and materials with the house.

(h)       Building heights will be subject to clause 5.8 of the City of Busselton Local Planning Scheme 21. The reference to the mean high water mark means the mean high water mark of Geographe Bay.

(i)        Uniform fencing of limestone material or similar is to be provided at the POS interface.

(j)        The underside of any decks, at ground floor level, should be enclosed.

(k)       Retaining walls, facing the canal should be terraced with no face, greater than 1.2m high between steps. Any storage lockers should not protrude above the terrace or ground level.

(l)        Side fencing should not protrude forward of the building setback from a public road.

 

 

 

 

 


Council

55

8 April 2015

11.1

Attachment a

Draft Amendment to Local Planning Policy – 4B Urban Centres Policy "Port Geographe Village Centre – Design Guidelines and Performance Standards

 

 

4B PORT GEOGRAPHE VILLAGE CENTRE

 

DESIGN GUIDELINES AND PERFORMANCE STANDARDS

 

 

 

1.0                   INTRODUCTION

 

These guidelines apply to development which forms part of the Port Geographe Village Centre Precinct as identified on the Village Centre Precinct Plan.

 

The guidelines supplement the provisions of the City of Busselton Local Planning Scheme, the Residential Design Codes (R-Codes) and clause 9.2(ix) of the City of Busselton Local Planning Scheme.  The erection on a lot of a single house, and any incidental development, requires the planning approval of the local government within the area affected by this Local Planning Policy.

 

They apply to all development within the Village Centre. Reference should also be made to the Port Geographe Landscape Master Plan. These guidelines do not have precedence over any statutory act or any ordinance or regulation of any government instrumentality or statutory authority.  However, they do provide guidance as to when discretion under the R-Codes should be applied to achieve the objectives for the Village Centre.

 

Adherence to the guidelines will ensure that facilities built within the Village Centre Precinct reflect a maritime location whilst having their own character. The Village Centre Precinct Plan provides an opportunity for a wide range of uses to be established. The guidelines provide a design framework which will ensure that conflicts between activities are avoided and the mix of uses creates a sense of vitality, movement and colour.

 

The guidelines will be implemented by the City of Busselton, under the Local Planning Scheme.

 

The guidelines were updated in July 2003, February 2005 July 2008 and January 2015 to reflect revisions to the Village Centre Precinct Plan.  No changes to the guidelines are proposed outside the area subject to the revised Precinct Plan other than to reflect land use changes or development proposals that have occurred or are imminent, since the guidelines were first prepared

 

2.0                   OBJECTIVES

 

The objectives of the guidelines are to ensure that:

 

(a)  The Village Centre precinct is developed in an aesthetically pleasing and cohesive manner, exhibiting high quality and well integrated development;

(b)  The facilities to be designed reflect the marine nature of the site, have a nautical character and maximise opportunities to relate to the waterfront; and

(c)  The various proposed land uses relate well to each other in terms of architectural theme, building height, built form, and colour, tone and texture of materials.

 

 

3.0                   DESIRED CHARACTER

 

A unified architectural theme should be defined and created by each designer of developments within the Village Centre. In the public realm, elements which tie together the overall maritime theme will create an appropriate seafront vernacular incorporating a variety of materials and finishes. These will tie in with boardwalks around buildings to provide public pedestrian access to the waterfront.

 

Elements of the local vernacular include but are not limited to limestone, weatherboard/timber and corrugated iron roofing.

 

Consistency balanced with variety is to be achieved through roof forms, use of materials and landscape treatments. The use of outdoor spaces is to be maximised to enhance a relaxed atmosphere.

 

The guidelines allow for flexibility in design so that each development will have its own identity while still relating to the overall architectural principles of the Village Centre.

 

For details of the desired architectural principles refer to Section 5.0.

 

4.0                   SITE CHARACTERISTICS

 

This section will deal with each of the following sites within the Village Centre Precinct.

 

1.         Village Centre Core

2.         Grouped/Multiple Dwellings

3.         Tourist Accommodation

4.         Tourist Accommodation

5.         Resort and Retirement Village (Now excluded from the Village Centre Precinct)

6.         Boat Launching Area

7.         Marina Facility

8.         Residential

9.         View Corridor

10.       Core Grouped Dwellings and Tourist/Residential Lots

11.       Mixed Use Development

 

 

Village Centre Precinct Plan

4.1       Village Centre Core (1)

 

(a)  The main public area of the development will be based around the portion of the marina waterfront between the boat launching area and the mixed use development on the islands.

(b)  Recreation and entertainment facilities to cater for visitors will likely include restaurants, cafes and retail outlets.

(c)  The waterfront areas will contain a public boardwalk with extensive shaded areas.  Outdoor seating, furniture and landscape elements will be encouraged on the boardwalk.

(d)  Strong relationships with the water will be encouraged.

(e)  The Village Centre provides the opportunity for the inclusion of public art in the marina precinct.

(f)  Pedestrian movement and access should predominate.

(g)  The Village Centre Core will be the Centre’s showpiece, which will derive its own distinctive architectural style from the developments within it, and be highly visible.

(h)  Provision is made for the docking of boats on the marina side of the island properties.

(i)   The provision of residential and tourist accommodation will be encouraged within the Village Centre, in accordance with the intent of the Local Planning Scheme, including on the upper floors of mixed use developments.

(j)   Buildings located between car parks and waterways should be double-fronted, facing both the car park and the waterfront area but allowance will be made for servicing areas to be located facing the car park. These must be enclosed. 

 

 

4.2       Grouped/Multiple Dwellings (2)

 

(a)  Tourist accommodation is to form the northern and north-western boundaries to the marina fronting onto the boats pens.

(b)  Private boat jetties are to be located adjacent to the dwellings.

(c)  Buildings are to create a strong frontage to the marina.

(d)  Buildings are to provide a modulated frontage to the marina with an articulated façade and using elements such as verandahs, balconies, awnings, dormers and window projections to provide visual interest and to establish a fine grained scale to development.

(e)  Buildings should be double-fronted in their architectural treatment with an appropriate response to both the marina and the street.

(f)  Building heights will be subject to clause 47 of The City’s Planning Scheme, which generally allows for an average height of 7.5 metres for land within 150 metres of the mean high water mark and a maximum height of 10 metres in all other areas, unless the merits of the design warrant an increased height which can be approved by The City under the Scheme.  The reference to the mean high water mark means the mean high water mark of Geographe Bay and not of the canals within the Port Geographe estate.

(g)  Buildings should have their own architectural character which should be identifiably related to the Village Centre architectural theme.

 

4.3       Tourist Accommodation (3)

 

(a)   This site establishes a waterborne entry statement for the whole of the Port Geographe development and should therefore create a distinctive presence onto the harbour entry channel.

(b)   Opportunity is available for extensive views to the waterway and across Geographe Bay.

(c)   Vehicle parking and access is to be provided from the east.

(d)   The building design is to emphasise the curved form of the shoreline.

(e)   The building design should not dominate the adjoining beach area by either casting shadows or presenting an unarticulated profile.

(f)   The building design should address the termination of the vista along the approach road.

(g)   Building heights will be subject to clause 47 of The City’s Planning Scheme, which generally allows for an average height of 7.5 metres for land within 150 metres of the mean high water mark and a maximum height of 10 metres in all other areas, unless the merits of the design warrant an increased height which can be approved by The City under Clause 5.8 of the Scheme.  The reference to the mean high water mark means the mean high water mark of Geographe Bay and not of the canals within the Port Geographe estate.

 

4.4       Tourist Accommodation (4)

 

(a)   Direct access is available from the entry road off Spinnaker Boulevard.

(b)   An area of public car parking has been established as a buffer between this site and the single residential area.

(c)   A foreshore conservation reserve has been retained between the site and the beach to prevent a direct relationship between the site and the foreshore. Pedestrian access to the foreshore will be via the dual use path.

(d)   The development may comprise several components, each of which should have its own architectural character, identifiably related to each other and the Village Centre architectural theme.

(e)   The beach resort should provide a significant architectural or landscape statement adjacent to the junction, or terminating the vistas along Layman Road.

(f)   The design should not dominate the adjacent beach area by either casting shadows or presenting an unarticulated profile.

 

(g)   Integrated and complementary arrangements for access and car parking should be considered for any individual developments within the broader site.

(h)   Building heights will be subject to Scheme clauses, which generally allows for an average height of 7.5 metres for land within 150 metres of the mean high water mark and a maximum height of 10 metres in all other areas, unless the merits of the design warrant an increased height which can be approved by the City under the Scheme.  The reference to the mean high water mark means the mean high water mark of Geographe Bay and not of the canals within the Port Geographe estate.

 

4.5       Resort and Retirement Village (5)

Modifications in 2004 to the Village Centre Precinct Plan amended the Precinct boundaries to exclude this site. Prior to its exclusion, the following guidelines for development applied:

 

(a)   Access is to be from Layman Road.

(b)   Good pedestrian links are to be provided within the site and from development on the site to the Village Centre Core.

(c)   The development should have an architectural character which is identifiably related to the Village Centre architectural theme.

(d)   Building heights will be subject the Scheme, which generally allows for an average height of 7.5 metres for land within 150 metres of the mean high water mark and a maximum height of 10 metres in all other areas, unless the merits of the design warrant an increased height which can be approved by the Scheme.  The reference to the mean high water mark means the mean high water mark of Geographe Bay and not of the canals within the Port Geographe estate.

 

4.6       Boat Launching Area (6)

 

(a)   The boat launching area provides public access to the water for launching trailable boats.

(b)   The use of perimeter landscaping should be maximised to help screen the parking areas.

(c)   Vehicular access is directly off the peninsula distributor road, or via the Village Centre car parking area off Layman Road.

 

4.7       Marina Facility (7)

 

(a)   The site provides direct access to the marina pens from the marina building and adjacent car parking area.

(b)   The entrance to the marina pens creates a single security point.

(c)   The marina facility will allow for boat maintenance, dry standing and refuelling.

(d)   Water quality protection measures will be essential.

(e)   Buildings within the marina site should reflect the character of the Village Centre buildings and not have an industrial aesthetic.

(f)   The marina pens and boat maintenance compound will generally not be accessible by the public to ensure security.

(g)   Building heights will be subject to the Scheme, which generally allows for an average height of 7.5 metres for land within 150 metres of the mean high water mark and a maximum height of 10 metres in all other areas, unless the merits of the design warrant an increased height which can be approved by The City under the Scheme.  The reference to the mean high water mark means the mean high water mark of Geographe Bay and not of the canals within the Port Geographe estate.

(h)   The provision of a feature flag mast on the extremity opposite the Village Centre is to be encouraged.

 

4.8        Residential (8)

 

In order to establish a distinct architectural hierarchy to the Village Centre Precinct, all residential development within the area of the Village Centre Precinct Map requires planning approval, pursuant to cl.9.2(b)(ix) of the City of Busselton Local Planning Scheme 21.

 

In principle, development should conform with the following;

 

(a)   The Residential Design Codes of Western Australia (R-Codes) are applicable, including the granting of discretion where warranted to meet the objectives for the Village Centre.

(b)   Ground floor walls should be of masonry construction.

(c)   Upper level walls should be of masonry construction or a rendered cement appearance with the use of lightweight (e.g. timber) cladding or feature panels or elements for up to 50% of the upper level wall surface.

(d)   Garages, carports and outbuildings should be consistent in construction and finish with the ground floor of the house.

(e)   Garages and cross overs should make up no more than 50% of the width of the frontage of the site, or 7m in width where the frontage is less than 12m in width.

(f)   Roofs should be of clay or concrete tile, or Colorbond metal with feature details in timber or fibrous cement sheet.

(g)   Roofs to garages, carports and outbuildings should be consistent in roof pitch and materials with the house.

(h)   Building heights will be subject to clause 5.8 of the City of Busselton Local Planning Scheme 21. The reference to the mean high water mark means the mean high water mark of Geographe Bay.

(i)    Uniform fencing of limestone material or similar is to be provided at the POS interface.

(j)    The underside of any decks, at ground floor level, should be enclosed.

(k)   Retaining walls, facing the canal should be terraced with no face, greater than 1.2m high between steps. Any storage lockers should not protrude above the terrace or ground level.

(l)    Side fencing should not protrude forward of the building setback from a public road.

 

 

4.8.1  Guidelines for Lots 21 – 24 (Public Open Space Lots 8.1)

 

(a)   Development shall be in accordance with the R30 provisions of the R-Codes.

(b)   All buildings should achieve front and rear setbacks in accordance with the R-Codes with the rear boundary being the boundary with the Public Open Space (POS).

(c)   Nil setbacks to side boundaries are encouraged, or are otherwise in accordance with the R-Codes.

(d)   Quality uniform fencing, of limestone material or similar, is to be provided at the POS interface.

(e)   Where possible, and particularly for dwellings greater than single storey, buildings constructed on these lots should either be double-fronted, facing both the street and the POS area, or have their main outlook fronting the open space.

 

 

 

4.8.2  Guidelines for Lots 31 to 37 (Waterfront Lots 8.2)

 

(a)   Development shall be in accordance with the R30 provisions of the R-Codes.

(b)   The rear setback is to be calculated from the waterfront lot boundary.

(c)   Structures adjoining the waterfront are to meet any additional setback requirements that may result from the specific structural engineering requirements of the walls to the water body.

(d)   Nil setbacks to side boundaries are encouraged.

(e)   Quality fencing of limestone material or similar, is to be provided at the POS interface of Lot 37.

(f)   Where possible, and particularly for dwellings greater than single storey, buildings constructed on these lots should either be double-fronted, facing both the street and the water, or have their main outlook fronting development on the islands.

 

4.9       View Corridor (9)

 

To enhance the perception of the marina bay and the Village Centre from Layman Road and canal lots within Port Geographe, restrictions will be applied to a limited number of single residential lots.

 

These are as follows:

(a)   Lots Nos. 529, 530, 531, 551, 552 and 553 will be limited to single storey development.

(b)   On Lot Nos. 550 to 554 no development will be permitted within 6 metres of the canal wall and fencing will be limited to open fencing no more than 1 metre high within this area.

 

4.10                 Core Grouped Dwellings and Tourist/Residential Lots (10)

 

Grouped dwelling lots and tourist accommodation on the islands are to be developed as per the Residential Design Codes of Western Australia requirements.  Building heights will be subject to Clause 5.8 of The City’s Planning Scheme, which generally allows for an average height of 7.5 metres for land within 150 metres of the mean high water mark and a maximum height of 10 metres in all other areas, unless the merits of the design warrant an increased height.  The reference to the mean high water mark means the mean high water mark of Geographe Bay and not of the canals within the Port Geographe estate.

 

The Tourist/Residential lots (Lots 38 – 39) have the same R40 coding as the grouped dwelling lots (Lots 11 and 30).  Residential lots (Lots 40 – 44) have an R60 coding.

 

 

4.10.1  Guidelines for Lot 11

 

(a)   As Lot 11 is surrounded on all sides by roads, careful attention will need to be given to the design of development on it.  No access is permitted from Layman Road and access should be restricted from Starboard Road and Port Lane.  Primary access should therefore be off the new subdivisional road adjoining Lots 10 and 12 with internal rear parking to dwellings which front Layman Road, Starboard Road and Port Lane encouraged.

(b)   Quality uniform fencing, of limestone material or similar, is to be provided along all boundaries of the site and feature walling encouraged at the intersection of Layman Road and Starboard Road.

(c)   Dwellings should be constructed with facades to as much of the adjoining roads as possible, and particularly to Layman Road and Starboard Road.

(d)   Setbacks are as per the R-Codes but street setbacks should reflect reduced secondary road frontages. Nil street setbacks to Starboard Road are encouraged, subject to achieving satisfactory sight line requirements.

 

4.10.2  Guidelines for Lot 30

 

(a)   Development on this site should maximise the outlook to the water whilst presenting a suitable façade to Port Lane given its location at the entrance to the heart of the Village Centre.

(b)   The number of access points to Port Lane should be restricted to a single accessway, with internal rear parking to dwellings which front Port Lane and the waterway encouraged.

(c)   The minimum R-Code setback to Port Lane is required, unless it can be demonstrated that a reduced setback will produce a better interface to the mixed use area opposite. 

(d)   All structures must be setback to meet any structural setback requirements from the wall to the stinger free pool.

(e)   Nil setbacks will be permitted to the rear access to Lot 31 subject to achieving a satisfactory design outcome having regard to the small size of adjoining lots.

(f)   Quality fencing of limestone material or similar is to be provided along the Port Lane frontage.

 

 

4.10.3  Guidelines for Lots 38 – 44

 

(a)   Development on Lots 38 and 39, whether for tourist and/or residential development is to comply with R40 provisions of the R-Codes.

 

(b)   Development on Lots 40 to 44, whether for tourist and/or residential development is to comply with R60 provisions of the R-Codes.

(c)   Lots 40 – 44 can comprise up to 5 freehold lots capable of strata development which can be accessed via an accessway comprising adjoining battleaxe legs with reciprocal rights of access for each lot as required.  Front setbacks to any such accessway can therefore be reduced at The City’s discretion, subject to a quality design outcome.

(d)   Setbacks shall be in accordance with the R-Codes, unless it can be demonstrated that a reduced setback will produce a better interface to adjacent development.  Setbacks must however meet all design requirements associated with the structural design requirements of canal walls and any City policies in this regard.

(e)   Nil setback to the POS on Lot 39 and to side boundaries are encouraged subject to meeting amenity requirements under the R-Codes.

(f)   Development for solely residential purposes should be capable of conversion for tourist uses in the future if required.

(g)   Quality fencing of limestone material or similar is to be provided at the POS interface of Lot 39.

(h)   The architectural style of development is to reflect and/or respect the architectural style and scale of the adjoining mixed use development. Development on Lots 40-44 is to be cognisant of the visual prominence of these sites when viewed from the marina, other waterfront lots and the Public Open Space areas.

(i)    The number and size of lots on the islands are indicative only.  A variation to the number or configuration of lots, for example, to create larger sites, is not opposed providing quality development results.

 

4.11                 Mixed Use

 

Mixed use developments (also referred to as “shop-houses”) are intended to provide ground floor commercial tenancies and upper storey residential accommodation.  Examples of such developments are found in Figures 1 and 2.  All development should comply with the Mixed Use provisions of the R-Codes and be subject to the following guidelines:

 

Coding:           A density of up to R60 is considered appropriate reflecting the mixed use character of development, the proximity to commercial facilities, the elevated and water aspects, and the desire to provide a range of residential densities in the Village Centre.

Use:                All development on Lots 45 and 46 is to contain a mixture of development, and not comprise solely residential accommodation.  Ground floor commercial tenancies should directly interface with, and open onto, the boardwalk.  Partial use of the boardwalk associated with any development will be considered on its merits providing public use of the boardwalk is not unreasonably compromised.

Setbacks:        Nil setbacks are permitted to the service road and the boardwalk, subject to no building being closer than 6m to a canal wall, and an appropriate interface between the development and the public realm. Nil site setbacks to adjoining buildings will also be permitted on common boundaries subject to achieving an appropriate architectural interface with adjacent development.

Open space:   A balcony with a minimum area of 10m² is to be provided for each upper floor apartment. No additional open space is required other than provision of uniform waterfront boardwalks which accommodates public access.

Height:            The Scheme permits a maximum height of 10m (3 storeys). Exceptions to this height may be granted for strategic architectural features and for landmark developments within the Village Centre.

Roof angle:     The roof pitch is to be preferably 25 degrees or greater with gable forms.

Parking:          Two parking spaces are to be provided for each dwelling for residential use. Commercial parking is to be discouraged from the islands and is to be provided adjoining Lot 46. This parking should also be available for resident visitor parking after hours. 

Lot Sizes:        The number and size of lots within the mixed use areas of the Village Centre are indicative only.  A variation to the number or configuration of lots, for example, to create larger sites, is not opposed providing a quality mixed use development results on the lots created.

 

Below is an example of the floor layout of mixed use development for Lot 46:

 

 

 

 

 

Building Examples lots 49-53

 

FIGURE 2 EXAMPLE DESIGN FOR LOT 46


Building Examples Lots 49-53b

 

FIGURE 3 APARTMENT/RETAIL EXAMPLE DESIGNS FOR LOT 45

 

5.0                   ARCHITECTURAL PRINCIPLES AND BUILDING FORM

 

This section is applicable in its entirety to all development within the Village Centre Precinct, other than for single lot residential development which is subject to the provisions outlined in section 4.8 of this document.

 

A maritime theme is intended in the Village Centre related to the spatial layout. It is important that each developer within the Village Centre acknowledges and adopts a definite theme to ensure a cohesive development that relates well to the site and the adjoining residential areas.

 

The main feature of the Village Centre precinct is the marina water body, which provides opportunities to view the waterside buildings from a wide range of vantage points. It is therefore essential that careful attention is paid to the three dimensional design of the buildings.

 

The features of the overall architectural character envisaged are:

 

(a)     A variety of materials in each development. Limestone or rammed earth is encouraged but not mandatory;

(b)     A preference for two storey buildings with provision for up to three storeys (or higher subject to a quality design outcome). A variety of roofing, including corrugated iron, with a defined form and overhanging eaves;

(c)     Steeply pitched roofs (25 degrees or greater) with hip and gable roof forms;

(d)     Use of the space within the roof;

(e)     Open upper level balconies and dormer windows;

(f)      Extensive use of glass;

(g)     Buildings connected with timber pergolas where practicable;

(h)     Shading by free standing shade structures;

(i)      Encouragement of the use of lightweight (e.g. timber) cladding or feature panels or elements at upper levels of buildings;

(j)      The use of colonnades;

(k)     A considered use of proportions; and

(l)      The use of buildings to frame public spaces.

 

The following design features should also be considered:

 

(a)     Pedestrian access around the buildings is most important and is to be a feature of the Village Centre core area.

(b)     The use of open balcony railings, sail-like shade structures and street furniture with a nautical character is encouraged to help to emphasise the maritime location of the site.

(c)     Passive solar design techniques for energy efficiency and human comfort should be employed wherever possible.

(d)     Buildings are to address the waterfront as well as the land, presenting a facade which provides visual interest and establishes a fine scale to the development.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gable roofs in either direction

5.1       Roof Form

Dormer windowsFIGURE 4 DESIGN PRINCIPLES Roof pitch and form are prominent elements of building character. To ensure that a consistent pattern is achieved, roofs should have a pitch within a range of 25 degrees or above. Curved roofs will be permitted.

Views to waterInland view 
masked
by roof

 

 

 

 

 

 

 

 

Access to the roof will be permitted on the water frontage of the building, subject to maintaining Scheme height restrictions.

 

Roofs are required to have gables and overhanging eaves. Designs which include dormer windows, changes of pitch on one roof and other elements such as towers and lanterns to add interest to the roof form are encouraged.

 

Small buildings and service structures are to follow the principles incorporated in the main structures.

FIGURE 5
ROOF LEVEL TERRACES

 

 

 

5.2       Materials, Finishes and Colours

 

A common palette is to be used throughout the Village Centre precinct which will permit variety, and allow developments to have an individual identity while providing cohesion between buildings.

 

Streetscape elements in particular should be of common materials, finishes and colours and be in keeping with the environment of the marina.

 

5.2.1                Roofs

 

Pitch 25 degrees or greater. A lower roof pitch may be permitted where it is not visible from any public space, including anywhere on the water.

 

Suitable materials include:

·    Concrete or slate tiles or profiled metal sheeting - Custom Orb

 

Colour Range

·    Any colour other than Zincalume and off-white.

 

5.2.2                Walling

 

The use of more than one material is encouraged to add variety and reduce building bulk. Finishes that separate ground and upper floors or parts of upper floors are encouraged. A free range of materials, solid and lightweight is permitted. No Zincalume or off-white finishes are permitted.

 

Suitable materials include:

(a)     Rendered masonry in a range of earth colours

(b)     Face brick in a range of earth colours

(c)     Limestone (coursed or ashlar finish or surface clad) or rammed earth

(d)     Weatherboard timber or similar lightweight cladding (woodgrain compressed fibre/board)

(e)     Rendered fibreboard cladding or profiled metal sheeting fixed horizontally; colours in the range used for roofs

 

 

5.3       Architectural Form

 

Consistency of roof form goes some way to unifying the architectural character of the whole precinct. Individual treatments and materials will define a differentiated character for each separate development. In addition, a number of principles apply relating to architectural form and the treatment of openings, as follows:

 

FIGURE 6:  COLONNADES 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


P657-SK18D (image for word docA) Model (1)It is desirable to create colonnades in multi-level buildings by setting back the ground floor below the floor above. This applies to the elevation of any development which is in the Village Centre Core and fronts onto one of the main pedestrian routes (refer Figure 7).

 

 

 

 

 

FIGURE 7 PEDESTRIAN ROUTES

 

 

 

 

 

5.4       Tower and Roof Features

The use of tower features on prominent corners or at the end of vistas is encouraged.

 

5.5       Canopies

 

Arcading to provide shade and shelter is preferred adjacent to buildings. Other shade structures will be permitted as follows:

 

(a)     Lean-to canopies with the canopy at the same pitch as the roof of the building or, in the case of curved forms, the lower part of the roof.

(b)     Pergolas attached to the building; either flat or sloping.

(c)     Free-standing structures not attached to the building, such as sail canopies, can be attached.

 

 

Wall hung flat canopies and bullnose canopies will generally not be permitted.

 

5.6       Balconies

 

Balconies are desirable elements to break down the perceived bulk of buildings, create articulated elevations and provide outdoor spaces to enhance a relaxed holiday atmosphere. Balcony balustrades should be open; either timber or metal. Solid side enclosures may be permitted if they can be justified to provide privacy for adjoining properties.

 

 

5.7       Plant and Service Areas

 

Mechanical plant and service areas should be screened from public view. Roof level plant must be contained within the roof space or designed as a part of the roofscape; for instance in a dormer or lantern feature. Mechanical plant at ground level and service areas shall be screened from public view with enclosures at least 1500mm high.

 

TV aerials and satellite dishes are permitted on the roof, but should not be located so as to be visually intrusive.

 

5.8       Building Height

 

The City of Busselton Local Planning Scheme No. 21 permits a maximum of 3 storeys or 10m above natural ground level; reduced to 2 storeys (or 7.5 metres) for land within 150 metres of the Mean High Water Mark of Geographe Bay.  Exceptions to this height may be granted for strategic architectural features or based on the merits of a design.

 

Building height is determined from the perpendicular distance from a building’s highest point to the natural ground level of the land on which it is to be erected.

6.0                   SIGNAGE

 

Directional, identifying and advertising signage for the Village Centre precinct must have regard to the character of the particular site and promote a maritime theme throughout the precinct. In this regard, a detailed signage strategy, including thematic designs, is to be submitted for approval with the first development application for the mixed use lots.

 

Free standing advertising signage will not be permitted. Signs attached to buildings shall be designed as an integral part of the building, either recessed into the facade, contained within a frame, or hanging from an awning, verandah or colonnade.

 

Directional signage in public spaces is to be consistent in design throughout the Village Centre precinct.

 

Details of proposed site signage, including construction characteristics, should be included when plans are submitted for development approval.  All signs require a sign licence and a sign licence application form must be lodged with the City of Busselton.

7.0                   LIGHTING

 

It is important that consideration be given to good night lighting that provides adequate illumination for safe access which will aid in passive security while not creating a loss of amenity for the surrounding residential properties.

 

The lighting of buildings and open space should enhance the appearance and amenity of the precinct. In particular, illumination should be considered to increase safety and inhibit anti-social behaviour.

 

The following issues need to be addressed when designing lighting and details should be included when applying for development approval:

 

(a)     The provision of adequate illumination of open areas for public safety;

(b)     The provision of lighting to inhibit anti-social behaviour;

(c)     Feature lighting structures should be designed to complement precinct lighting themes;

(d)     Spilt light to surrounding properties, roadways, pedestrian paths, etc, should be minimised.

(e)     Ensuring that parking areas and open space on private property, which may be subject to night time use, has lighting; and

(f)      To define pedestrian accessways.

8.0                   PEDESTRIAN FACILITIES

 

The pedestrian streetscape is a vital link between the different buildings and activity areas within the Village Centre precinct.  Extensive use of waterfront boardwalks is proposed.

 

Pedestrian facilities should be consistent in detailing for all the sites within the Village Centre and should delineate the boundaries between the site and the public domain. It is therefore important that:

 

(a)     All fittings must be safe and durable;

(b)     Access throughout the Village Centre precinct should have minimal level changes to allow wheelchair access to all facilities;

(c)     Pedestrian areas should provide shade and shelter and contain adequate street furniture (benches, bins, etc.) located in areas attractive to resting and visible from adjacent buildings and roadways; and

(d)     Public space should be well lit and convey safe usage with passive surveillance possible from adjoining buildings.

 

9.0                   FENCING

 

Boundary fencing will be permitted to provide security and privacy for residents whilst not dominating the public space. Where fences are used they should be compatible in scale, detailing and materials with the building(s) on the lot. High front walls should be avoided; rather, low walls and landscaping or semi-transparent fences should define boundaries while allowing surveillance and security.

 

Other than for single residential lots which do not adjoin waterways or POS, fences and walls should be of an open nature and be of masonry construction. All walls should be constructed using materials, styles and colours that are similar to their respective building(s).  Fibrous cement or colorbond metal fencing is not encouraged within the Village Centre precinct.

 

Boundary fencing on the water edge is to be avoided as far as possible. Fencing within 6m of the water edge is to be open and no more than 1m high. No fencing is to be constructed within 1m of a canal wall.

 

For full details of requirements for fencing, and for specific requirements relating to retaining walls, refer to the City of Busselton Local Planning Scheme No. 21.

 

 

10.0     LANDSCAPING

 

The Port Geographe area provides an opportunity for a variety of landscaped public areas, planted boulevards, beachfronts and parklands. These areas will be planted using primarily native plants according to the Port Geographe Landscape Master Plan.

 

The landscaping theme uses local vegetation varieties to blend Port Geographe into the Busselton region, ensuring the success of plantings, and enhancing the existing coastline vegetation whilst creating a distinct identity for the locality.

 

For specific guidance on landscaping, reference should be made to the Port Geographe Landscape Master Plan and Guidelines.

11.0     ANCILLARY BUILDINGS

 

The architectural themes established in this document for development in the Village Centre precinct should be continued for ancillary buildings in respect to their form, colours, details and materials, to ensure the cohesion of the development as a whole. Ancillary buildings may include public toilets, amenity kiosks and bus shelters.

12.0     APPROVALS PROCEDURE

 

Prior to the commencement of any building or site works (including the removal of existing trees and vegetation and/or the construction of dwellings, outbuildings, fencing or any other structures), information describing the proposed works in respect to that development is to be submitted the City of Busselton.

 

Applications for development should be submitted in accordance with Part 2 of the City of Busselton’s Local Planning Scheme No. 21 and demonstrate compliance with these guidelines.

 

 


Council

73

8 April 2015

11.1

Attachment b

Summary of Submissions

 

PROPOSAL : DRAFT AMENDMENT TO LOCAL PLANNING POLICY – 4B Urban Centres Policy "Port Geographe Village Centre – Design Guidelines and Performance Standards

 

Publications: February 2015 & 13th February 2015

Submission Close: 27th February 2015

 

Officer: Anthony Rowe

 

 

 

No

Name

Nature of submission

Comment

Recommendation

1

Port Geographe Landowners Association

The PGLOA supports control over the village but requests similar controls be extended to protect other developed areas of Port Geographe.

 

The PGLOA expressed concern about the pursuit and enforcement of existing controls not taken i.e. fencing within 6m of the water edge being required as open type, but solid fencing has been constructed.

The Local Planning Scheme 21 only applies an authority to create a local planning policy to address the Port Geographe Village Centre Precinct.  It is for this reason the Village Centre Precinct controls cannot be extended without a Scheme amendment

 

The covenants do provide control outside of the village centre, albeit they are difficult for a community to utilize.  The City is, however, alerting development applicants to the covenants to ensure there is consistency at the start.

 

The fences referred to by the PGLOA were not approved and are a matter of compliance being undertaken by the City.

 

No change

 

Master Builders (Association) Western Australia

 

 

 

 

 

 

Objecting to the ban on prefabricated homes passed by Council at its meeting 28 January 2015.

 

It will make homes less affordable and denies opportunity to benefit from significant advances in building methods and technologies.

 

Infringe property owner rights to choose their construction type.

 

Deny industry workers and home buyers additional benefits of off-site manufacturing.

 

Introduce subjectivity into the planning approval process.

 

Prevent alternative high energy efficiency alternatives.

 

Create jurisdictional inconsistencies across WA.

 

Mandate brick construction when there is a shortage of bricklayers in WA.

 

Increase the minimum completion time.

 

Like mandating petrol V8 cars because a few people happen to prefer them.

 

Need flexible building regulation in WA to deliver quality and affordable homes for Western Australian and trust that you can review your decision.

 

 

The submission confuses the proposal to introduce a control on prefabricated buildings across the City and the local planning policy at hand which addresses only the Port Geographe Village Centre Precinct.  Whilst both matters were addressed in the 25 January 2015 report, consultation has only been sought on the amendment to the Port Geographe Village Centre Precinct Plan and Port Geographe Village Centre – Design Guidelines and Performance Standards (Local Planning Policy).

 

Both, the proposed local planning policy and the separate Scheme amendment for prefabricated buildings, do not prohibit development.  Instead they make development subject to planning assessment to ensure a compatibility with the form of buildings in the locality.  The Local Planning Policy is not specific to prefabricated homes but affects all single house proposals within the small area identified by the Port Geographe Village Centre Precinct Plan.

 

The proposed Local Planning Policy amendment will clarify the arrangement across Port Geographe Village Centre Precinct, to reflect the covenants that had applied and were intended by the development.  Events transpired to slow progress in the area and lose the developer’s oversight of the covenants, leaving the community responsible.  The proposed Local Planning Policy is a reaffirmation of the urban form requirements that were always intended to apply.

 

It is important to note that the major estates in Busselton, and often in WA, have design covenants that builders have to adapt to; which are considerably more detailed than the R-code.  Port Geographe as a developing estate is by no means unique in having design controls additional to those provided by the R-Code.

 

The City across its area supports a range of construction types and affordability.  Lifestyle Villages, is an example of an estate established for prefabricated and affordable buildings, and the City is open to other such estates being established.

No change

 

 


Council

75

8 April 2015

11.1

Attachment c

Correspondence PGLOA 23 February 2015

 


 


 


Council

79

8 April 2015

11.1

Attachment d

Correspondence Master Builders WA 16 February 2015

 


 


 


Council                                                                                      81                                                                        8 April 2015

11.2           AMENDMENT NO.6 - LOT 3 (500) BUSSELL HIGHWAY, BROADWATER

SUBJECT INDEX:

Town Planning and Scheme Amendments

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Statutory Planning

REPORTING OFFICER:

Statutory Planning Coordinator - Joanna Wilson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Aerial Plan  

  

 

PRÉCIS

 

The City has received a request to initiate a rezoning of the Busselton Drive-In site at Lot 3 (Hse No 500) Bussell Highway to Special Purpose (Broadwater Development Area) and assign a portion as Reserve for Recreation – to be facilitated by Scheme Amendment 6 to Local Planning Scheme 21 (LPS21).

 

It is considered that the proposal is consistent with the strategic planning framework applicable to the area, Officers are therefore recommending that the proposed amendment be initiated to allow public consultation to be undertaken.

 

 

BACKGROUND

 

The subject land currently has a ‘drive-in’ cinema and comprises an area of 3.85Ha, the site is bound by Bussell Highway to the north, Bell Drive to the east, Cross Road to the west and a Reserve forms the southern boundary.  There are a variety of dwelling types within the surrounding area, NovaCare –aged housing is on the opposite side of Bell Drive,

 

The amendment proposes to rezone the site, with the exception of a strip abutting Cross Road and the Reserve to the South, to ‘Residential/R40’ and to place the residential zoned land in a ‘Special Provisions Area’. The strips of land adjacent to Cross Road and the Reserve are to be reserved for ‘Recreation’.

 

                Proposal

 

The amendment proposes to rezone the subject land from ‘Residential R20’ and ‘unzoned’ land to ‘Residential R40’ with appropriate special provisions being applied to further guide development of the land. The rezoning will facilitate the development of the site for the purposes of providing medium density housing.

 

The recoding is likely to yield approximately 120 dwellings (this would depend upon the actual layout proposed, size of dwellings and several other factors) within the site when fully developed, although the final design and development outcome would be subject to a formal development application being lodged and assessed against the Scheme.

 

A number of special provisions are proposed to control future subdivision and development of the site. This includes a requirement for a Development Guide Plan to be prepared if “green title’ subdivision is proposed.  The provisions as proposed by the owner are as follows –

 

 

 

No.

Particulars of Land

Zone

Special Provisions

57

Lot 3 Bussell Highway

Residential (R40)

1.    The land can be developed via a development application approval process endorsed by the City of Busselton in the form of grouped dwellings or aged persons accommodation and then subdivided in accordance with any such development approval as supported by the City of Busselton and endorsed by the Western Australian Planning Commission.  Alternatively, the land can be subdivided in a conventional format via a Development Guide Plan.

2.    Development/subdivision up to a residential density of R40 is permissible.

3.    Conventional subdivision of the land shall be generally in accordance with a Development Guide Plan for the land adopted by Council and endorsed by the Western Australian Planning Commission pursuant to the Scheme.  The principal land uses depicted on the Development Guide Plan shall be residential and public open space.

4.    Notwithstanding the provisions of Part 7 of the Scheme, the Development Guide Plan shall also include the following details:

(a) The proposed lot yield and minimum and      average lot sizes;

(b) Services and infrastructure;

(c) Proposal for landscaping and finished site levels and drainage;

(d) Management and protection of land allocated to public open space;

(e) Any proposed staging;

(f) Road, bicycle and pedestrian network; and

(g) Such other information considered relevant by the local government.

5.  Prior to final approval of the Development Guied Plan the developer will prepare:

(a) A Local Water Management Strategy (LWMS) for the full extent pf the site in accordance with the principles outlined in Better Urban Water Management (WAPC, 2008).

       The LWMS will be prepared to the satisfaction of the City of Busselton, Department of Water and the Department of Parks and Wildlife.

(b) An ethnographic and archaeological survey, the findings to be reported to the City of Busselton and the Department of Indigenous Affairs.

(c)  A mosquito management and implementation strategy.

(d)  A traffic impact assessment.

(e) An acid sulphate soil investigation to determine the presence, extent and severity of ASS, an ASS management plan is to be prepared prior to commencement of subdivisional works.

Note that officers do not think that all of these proposed provisions are necessary or appropriate, as briefly discussed in the Officer Comment section of the report.

 

STATUTORY ENVIRONMENT

 

The Planning and Development Act 2005 outlines the relevant considerations when preparing and amending local planning schemes. The relevant provisions of the Act have been taken into account in preparing and processing this amendment.

 

RELEVANT PLANS AND POLICIES

 

The key State and local policies most relevant to the proposal are set out in State Planning Policy No.3 - Urban Growth and Settlement, Liveable Neighbourhoods.

 

State Planning Policy No.3 – Urban Growth and Settlement/Liveable Neighbourhoods

One of the main features of the Urban Growth and Settlement Policy is to create sustainable communities with access for all to employment, health, education, shops, leisure and community facilities by locating new development so as to be accessible by foot, bicycle or public transport rather than having to depend on access by car.  While access to the site would predominately be by car, the area is also serviced by the local bus system with pick-up/drop-off points nearby on Bussell Highway.

 

This principle is also reinforced within Liveable Neighbourhoods which advances the principle of an urban structure of walkable neighbourhoods clustered to form towns of compatibly mixed uses in order to reduce car dependence for access to employment, retail and community facilities.

 

Planning For Bushfire Protection Guidelines

 

Planning for Bush Fire Protection Guidelines (‘the Guidelines’) is a policy document prepared by (FESA) and the WA Planning Commission. The Guidelines are the standard for assessment of planning proposals in bushfire prone areas.

 

The key elements of the Guidelines relevant to the proposal are:

 

*             Element 2: Vehicular Access; and

*             Element 4: Siting of development

 

Element 2 intends to ensure that the vehicular access serving a subdivision/development is safe in the event of a bushfire; while the intent of Element 4 is to ensure that the siting of development minimises the level of bushfire impact.

 

Draft State Planning Policy 3.7 (SPP 3.7) was released in May 2014 with the period for public consultation ending 25 July 2014. A draft Planning for Bushfire Risk Management Guidelines to support the draft SPP 3.7 was released concurrently with the period for public consultation ending 1 August 2014, if adopted this will replace Planning for Bushfire Editions 2.

 

Residential Design Codes

Table 1 and Table 4 of the Residential Design Codes (R-Codes) outline the general site area requirements that apply to residential land. A general distinction is also made between grouped dwellings and multiple dwellings.

 

The relevance of the R-Codes in relation to the proposed amendment at this stage is generally restricted to its guidance on development density, more specifically the number of units that can realistically be expected on a site.

 

The R-Codes will become more relevant at the development application stage where any proposal will be assessed in detail against the various design elements contained therein.     

 

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.’

 

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

 

In terms of the strategic context, appropriate opportunities to support urban consolidation are generally supported by the strategic planning framework, especially at a State level. Opportunities to provide a diversity of lot sizes and housing types in urban areas, and therefore a variety of lifestyle options, are also broadly supported. In the immediate vicinity there are a variety of dwelling types, including aged housing, low density and medium density housing, as a result the proposal would not be detrimental to the character of the area.

 

The site has a number of WA Peppermint Trees and comprises of Western Ringtail Possum habitat, as a result, an application was made to the Department of Environment to establish a developable area.  The approval granted by the Department of Environment is to clear 1.708 hectares of Peppermint trees, to retain Peppermint trees elsewhere on site and to revegetate offset planting areas.

 

As part of the DoE process an ‘Offset Development Plan’ was prepared and approved, the plan identifies a developable area of approximately 3.1 hectares which is the area identified as Special Purpose.

It is recommended, given the above, that the amendment be initiated for consultation purposes as the proposal is considered to be consistent with the relevant planning framework.

 

It is likely that advertising the amendment will result in concerns of the traffic impact on Bell Drive, in particular, a community (especially Novacare residents) expectation that Bell Drive will be closed to through-traffic, from south of the Novacare site to Bussell Highway. That expectation has been created through past planning processes, including at one stage an expectation that Broadwater Boulevard would extend further to the west and then to the north, to intersect with Bussell Highway. It is now possible, indeed probably likely, that the environmental and other constraints associated with the land in question, would mean that the link will never actually be completed.  Closure of Bell Drive to through traffic would therefore force even more traffic through the existing Broadwater Boulevard/Bussell Highway intersection, increasing traffic management concerns there and leaving a significant residential precinct with only one means of access and egress, including in the event of an emergency. Officers are of the view that closure of Bell Drive to through-traffic would not be desirable, as it would place additional and unnecessary pressure on the Broadwater/Bussell Highway intersection, and not be a sound planning outcome.

 

Special provisions

 

Special provisions should be reserved for matters that are unique to the consideration of development at an identified site.  They should not repeat the assessment consideration normally applied and that would also apply to the subject site.  On this basis the Special Provisions can be rationalised to address only those aspects relating to density and the requirement for a Detailed Area Plan – and those changes are reflected in the Officer Recommendation.

 

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.

 

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

 

Officers consider that there are no substantive issues that would support either option.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Officer Recommendation will be implemented through the completion of the amendment documentation and forwarding of the amendment to the Environmental Protection Authority within one month of the Council meeting.

 

 

 

 

 

 

 

OFFICER RECOMMENDATION

 

1.            That the Council in pursuance of Part V of the Planning and Development Act 2005, adopts           draft Amendment 6 for community consultation for the purposes of:

 

a)     Inserting the following particulars into Schedule 3 – Special Provision Areas of the Scheme

 

No.

Particulars of Land

Zone

Special Provisions

57

Lot 3 Bussell Highway

Residential (R40)

1. Development/subdivision across the site up to the equivalent of a residential density of R40.  Land use permissibility as to the residential zone.

2.  Conventional subdivision of the land shall be generally in accordance with a Detailed Area Plan for the land adopted by Council pursuant to the Scheme.  The principal land uses depicted on the Detailed Area Plan shall be residential and public open space.

 

b)      AmendIng the Scheme Map by rezoning Lot 3 Bussell Highway to ‘Special Purpose – Broadwater Development Area’ Zone and including the land within ‘Special Provision 57’.

 

2.         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

87

8 April 2015

11.2

Attachment a

Location Plan

 


Council

87

8 April 2015

11.2

Attachment b

Aerial Plan

 


Council                                                                                      89                                                                        8 April 2015

11.3           COUNCIL REPRESENTATIVE FOR THE YALLINGUP LAND CONSERVATION DISTRICT COMMITTEE

SUBJECT INDEX:

Environment: Community Support

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 Planning

REPORTING OFFICER:

Senior Environmental Officer, Natural Resource Management - Will Oldfield

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

 

PRÉCIS

 

As part of its external representation, the Council has historically nominated a representative to serve on the Yallingup Land Conservation District Committee (LCDC).  The nominee must then be formally appointed by a Ministerial appointment and Gazettal process.  Cr Coralie Tarbotton was nominated for this position by the Council in 24 April 2012, and has served as Council’s representative since this time to the present.   She has indicated that she is happy to continue as Council’s representative to the Yallingup Land Conservation District Committee. The Council is requested to nominate a Councillor for a new 2 year term.

 

 

BACKGROUND

 

The Department of Agriculture and Food administer the Land Conservation District Committees under the Soil and Land Conservation Act (1945). The Department have notified the City that the term of the Council’s current nominee has expired and have requested that a new representative be nominated for the new 2 year term.

 

Cr Coralie Tarbotton was the Council’s representative on the Yallingup LCDC for the most recent term which expired in November 2014.

 

STATUTORY ENVIRONMENT

 

Not applicable to this appointment specifically as it is not a Committee of the Council, however, the Council’s nominee will need to be approved by the relevant Minister.

 

RELEVANT PLANS AND POLICIES

N/A.

 

FINANCIAL IMPLICATIONS

 

Long-term Financial Plan Implications

 

Not applicable as the Committee is managed by the Office of the Commissioner, Soil and Land Conservation, part of the Department of Agriculture and Food.

 

STRATEGIC COMMUNITY OBJECTIVES

 

“Our natural Environment is cared for and enhanced for the enjoyment of the community and visitors.”

The aims and objectives of the Yallingup Land Conservation District align strongly with this objective of the Council. The Yallingup LCDC continues to be a positive influence and actively caring for the coastal environment of the Yallingup area. 

 

“A Council that engages broadly and pro-actively with the community.”

 

Councillors participating in externally run Committees contributes to strong links with the community and the provision of effective communication networks.

 

RISK ASSESSMENT

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational –reduced presence communicates a lowering of support to the community and the office of the Soil Commissioner

Nominate a Councillor representative

Minor

Likely

Low

 

CONSULTATION

 

Cr. Tarbotton has indicated that she is happy to continue in this role unless there is another Councillor that would particularly like to take on the role.

 

OFFICER COMMENT

 

The City has received a request from the Department of Agriculture for a Councillor Representative.  The Yallingup LCDC has indicated it would appreciate having a Councillor on the committee as it regards the relationship with Council as a valuable asset for both parties.

 

The Yallingup LCDC is an active Natural Resource Management group in the Yallingup area that contributes strongly to the community and involves itself in rehabilitation of coastal foreshores, managing human impacts in popular locations through provision of appropriate infrastructure and community education. It received funding from Coastwest to develop a management plan for the Yallingup Foreshore between the carpark at Slippery Rocks and Rabbit’s carpark.  The plan was adopted in 2012 and, in conjunction with the City of Busselton, the Yallingup LCDC is steadily implementing the plan.

 

Recent projects of the Yallingup LCDC include:

·    consultation regarding improvements to the Yallingup Foreshore (Playground, open space and viewing facilities);

·    continuation of restoration of the Injidup Dune;

·    revegetation of the Yallingup Foreshore on north side of Salmon Track;

·    weeding of the Yallingup Brook (Bamboo, Morning Glory, Castor Oil);

·    loan of Mule to Surf Life Saving Association for summer beach patrols; and,

·    maintenance of the Yallingup walk Trails in conjunction with Geographe Bay Tourism Association and Department of Parks and Wildlife.

 

The Yallingup LCDC generally meets on a Tuesday afternoon at 4.00PM at the Local Bush Fire Brigade Shed on a monthly, or as needed, basis.

 

Expressions of interest are sought from Councillors to be submitted to the Office of the Commissioner, Soil and Land Conservation.

 

CONCLUSION

 

The Yallingup LCDC is an active natural resource management group that has a strong track record in coastal foreshore management of over 20 years. The group’s association with the City over this time has been positive and resulted in many good environmental and community outcomes. It is recommended that this partnership be recognised and continued through nomination of a Councillor to the Yallingup LCDC for the new 2 year term.

 

OPTIONS

 

Cr. Tarbotton has indicated that she is happy to continue in this role unless there is another Councillor that would particularly like to take on the role.

 

Should a Councillor not be available to undertake this role it would be open to the Council to request the Department’s consideration of the Council’s nominee being someone who is not a Councillor, or not to have a nominee.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The nomination can be forwarded immediately, however, the approval and gazettal process through the Department of Agriculture and Food may take some months.

 

OFFICER RECOMMENDATION

 

That the Council nominates Councillor Coralie Tarbotton as its representative for the Yallingup Land Conservation District Committee.:

 

 

 

  


Council                                                                                      91                                                                        8 April 2015

12.             Engineering and Work Services Report

Nil

13.             Community and Commercial Services Report

Nil


Council                                                                                      93                                                                        8 April 2015

14.             Finance and Corporate Services Report

14.1           AMENDMENT JETTIES LOCAL LAW

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Annexure 1. City of Busselton Amendment Jetties Local Law 2015  

  

 

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. Council subsequently provided the JSC with an undertaking to amend the Jetties Local Law in order to ensure consistency with relevant legislation.

 

The purpose of this report is to recommend that Council commence the process for amending the Jetties Local Law in accordance with the undertaking provided to the JSC.

 

 

BACKGROUND

 

The Jetties Local Law was gazetted on 14 May 2014 and came into operation on 28 May 2014. It applies to the Busselton Jetty and adjacent swimming jetty.

 

In terms of clause 2.16 of the Jetties Local Law 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 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 assistance 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 of the Jetties Local Law to be inconsistent with the Commonwealth legislation and therefore invalid to the extent of that inconsistency.

 

At the request of the JSC, Council resolved on 27 August 2014 to provide the JSC with an undertaking to amend clause 2.16(2)(a) of the Jetties Local Law in order to ensure consistency with the Disability Discrimination Act 1992 (Cth). The proposed amendment is set out in the draft amendment local law attached as Attachment 1 which provides for:

·    Amending clause 1.5 of the Jetties Local Law by inserting the following definition:

 

“assistance animal” has the meaning given to it in section 9 of the Disability Discrimination Act 1992 (Cth); and

 

·    Amending clause 2.16 of the Jetties Local Law by replacing “a guide dog used for the assistance of visually impaired persons” with “an assistance animal”.

 

The purpose of this report is for Council commence the process for amending the Jetties Local Law in accordance the draft amendment local law attached as Attachment 1, which is consistent with the undertaking provided to the JSC.

 

STATUTORY ENVIRONMENT

 

Local Government Act

 

Section 3.5 of the Local Government Act 1995 (Act) provides the heads of power for Council to make a proposed new local law:

 

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

 

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

 

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

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

 

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

 

Purpose

 

To amend the City of Busselton Jetties Local Law 2014 to avoid potential inconsistency between the broader term “assistance animal” as referenced in the Disability Discrimination Act 1992 (Cth) and the termguide dog” as referenced in the local law.

 

Effect 

 

To ensure Clause 2.16 of the City of Busselton Jetties Local Law 2014 achieves consistency with the reference in the Commonwealth statute to the broader term “assistance animals”.

 

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

 

The proposed amendment local law is not based on a WALGA model. 

 

 

Joint Standing Committee

 

Section 42 of the Interpretation Act 1984 allows the Parliament of Western Australia to disallow a local law, which is a mechanism to guard against the making of subsidiary legislation that is not authorised or contemplated by the empowering enactment, has an adverse effect on existing rights or ousts or modifies the rules of fairness. Parliament has appointed the JSC to undertake an overseeing role on its behalf, which includes the power to scrutinise and recommend the disallowance of local laws to the Parliament. The proposed changes to the Jetties Local Law are the result of concerns raised by the JSC following scrutiny of the Jetties Local Law. It is therefore considered that the JSC will not have any concerns with the proposed amendment local law.

 

National Competition Policy

 

The proposed amendment local law will not restrict competition therefore no assessment thereof is required under the National Competition Policy.

 

RELEVANT PLANS AND POLICIES

 

There are no Council Policies which apply to this report and the recommendations made hereunder.

 

FINANCIAL IMPLICATIONS

 

Long-term Financial Plan Implications

 

Costs associated with the advertising and gazettal of the proposed amendment local law is unlikely to exceed $2,000. These costs will be paid from the City’s legal budget. There are sufficient funds in the 2014/15 budget and draft 2015/16 budget for this purpose.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

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

 

RISK ASSESSMENT

 

The proposed amendment of the Jetties Local Law does not involve any significant changes from current practices and is therefore considered low risk. 

 

CONSULTATION

 

No external consultation has been sought.  If Council resolve to commence the law making process, public submissions will be invited as part of the statutory consultation process prescribed under Sections 3.12 (3) and (3a) of the Act and the Minister for Local Government and Communities will be provided with a copy of the proposed amendment local law for comment.

 

OFFICER COMMENT

 

The reference in the Disability Discrimination Act 1992 (Cth) to the broader term "assistance animal" (rather than "guide dog”) means that there is potential for the City’s Jetties Local Law local to be inconsistent with the Commonwealth legislation and therefore invalid to the extent of that inconsistency. The proposed amendment will ensure that such potential inconsistency between the Jetties Local Law and the relevant Commonwealth statute will be removed.

 

The proposed amendment is consistent with a global amendment made by the Governor to other local laws that have been identified as requiring a similar amendment. Council has already considered the merits of the proposed amendment of the Jetties Local Law required by the JSC and resolved to provide the JSC with an undertaking to amend the local law accordingly. Therefore it is recommended that Council resolve to amend the Jetties Local Law in accordance with the draft amendment local law attached as Attachment 1.

 

CONCLUSION

 

In order to ensure consistency between the Jetties Local Law and the Disability Discrimination Act 1992 (Cth) with regard to references to “guide dog” and “assistance animal” the City’s Jetties Local law has to be amended in accordance with the draft amendment local law attached as Attachment 1.

 

OPTIONS

 

Not progressing with the proposed amendment local law would be contrary to the previous Council resolution and the undertaking provided by Council to the JSC.  Council will however have the opportunity to consider any submissions made or issues which may arise during the statutory consultation process and determine whether to progress with making the proposed amendment local law.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Within two weeks of Council decision to commence the law-making process, the proposed amendment local law will be advertised for public comment.  The statutory consultation period is a minimum of six weeks.  Following the close of the advertising period a report will be submitted to Council for further consideration which, depending on the number and nature of submissions received, should be within two months.

 

OFFICER RECOMMENDATION

 

(1)          That the Council commences the law-making process for the City of Busselton Jetties        Amendment Local Law 2015, the purpose and effect of the proposed Amendment Local Law              being as follows:

 

Purpose:

To amend the City of Busselton Jetties Local Law 2014 to avoid potential inconsistency between the broader term “assistance animal” as referenced in the Disability Discrimination Act 1992 (Cth) and the term “guide dog” as referenced in the local law.

 

Effect:

To ensure Clause 2.16 of the City of Busselton Jetties Local Law 2014 achieve consistency with the reference in the Commonwealth statute to the broader term “assistance animals”.

 

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

 

(i)     giving state-wide public notice and local public notice of the proposed amendment local law; and

 

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

 

 

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

 

 

 


Council

97

8 April 2015

14.1

Attachment a

Annexure 1. City of Busselton Amendment Jetties Local Law 2015

 

 

LOCAL GOVERNMENT ACT 1995

City of Busselton

                                                                          

Jetties Amendment Local Law 2015

 

Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Busselton resolved [insert date] to make the following local law.

 

1        Citation

 

This local law may be cited as the City of Busselton Jetties Amendment Local Law 2015.

 

2        Commencement

 

This local law comes into operation 14 days after the day of its publication in the Government Gazette.

 

3        Principal Local Law

 

In this local law "Principal Local Law" means the City of Busselton Jetties Local Law 2014 as published in the Government Gazette of 14 May 2014.  The Principal Local Law is hereby amended.

 

4        Clause 1.5 amended

 

In clause 1.5 after the definition “applicant”, insert the following definition -

 

“assistance animal” has the meaning given to it in section 9 of the Disability Discrimination Act 1992 (Cth).

 

5        Clause 2.16 amended

         

In clause 2.16(2)(a) replace the words “a guide dog used for the assistance of visually impaired persons” with “an assistance animal”.

 

_______________

 

 

Dated:    [insert day and month] 2015.                        

 

The Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in the presence of-

 

____________________________

IAN WILLIAM STUBBS, Mayor

 

____________________________

MICHAEL STEPHEN LEE ARCHER, Chief Executive Officer

 


Council                                                                                      99                                                                        8 April 2015

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   Planning Applications Received Between 1 and 15 March, 2015

Attachment b    Planning Applications Determined Between 1 and 15 March, 2015  

  

 

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    Expression of Appreciation – Volunteer Response in Support of the O’Sullivan Northcliffe Fire and Other Incidents

 

 Correspondence has been received from John Tillman, Superintendent, Department of Fire and Emergency Services Lower South West to Tim Wall, Community Emergency Services Officer:

 

“I wish to take this opportunity to express my sincere appreciation to yourself and the BusseIton Bulk Water Tanker crew for the professional way in which you responded to regional requests during the last few months. The DFES Lower South West Region sent taskforces to:

 

• Bullsbrook    • Donnybrook

• Bindoon        • Northcliffe

• Nowergup   • Tone River

• Waroona      • Lake Unicup

 

Without the commitment of your team, the response to such incidents would not be possible. Particularly throughout the duration of the O'Sullivan incident, the volunteer efforts contributed an enormous amount of hours towards the protection of Northcliffe, Windy Harbour and surrounding areas.

 

The coordination and combined efforts of all services to minimise the impact of these fires on affected communities at large with no loss of life and minimal property damage is commendable. What often goes unnoticed is the number of properties protected and saved.

 

The response by your brigade and its members is very much appreciated. Situations like these require flexibility, leadership and professionalism. Congratulations on a job well done!”

15.1.2    Planning & Development Services Statistics

 

Planning Applications

 

Attachment A is a report detailing all Planning Applications received by the City between 1 and 15 March, 2015.  Twenty six formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 1 and 15 March, 2015.  A total of fifteen applications (including subdivision referrals) were determined by the City during this period with fourteen approved / supported and one refused.

 

OFFICER RECOMMENDATION

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

·    15.1.1              Expression of Appreciation – Volunteer Response in Support of the O’Sullivan Northcliffe Fire and Other Incidents

·    15.1.2              Planning & Development Services Statistics

 

 

 

 


Council

101

8 April 2015

15.1

Attachment a

Planning Applications Received Between 1 and 15 March, 2015

 


 


Council

103

8 April 2015

15.1

Attachment b

Planning Applications Determined Between 1 and 15 March, 2015

 

 


Council                                                                                      105                                                                      8 April 2015

16.             Motions of which Previous Notice has been Given

Nil  

17.             Confidential Reports  

Nil

18.             Questions from Members  

19.             Public Question Time

20.             Next Meeting Date

                   22 April 2015

21.             Closure