COB-RGB

 

 

 

 

 

Council  Agenda

 

 

 

10 June 2015

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 10 June 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, 10 June 2015, commencing at 5.30pm .

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

29 May 2015


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 10 June 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 27 May 2015. 5

Committee Meetings. 6

9.2          Minutes of the Meelup Regional Park Management Committee held 12 May 2015. 6

9.3          Minutes of the Policy and Legislation Committee held 28 May 2015. 6

9.4          Minutes of a Meeting of the Capes Region Organisation of Councils (CapeROC) held on 22 May 2015. 7

10..... Reports of Committee. 8

10.1        Policy and Legislation Committee - 28/05/2015 - LOCKE ESTATE SELECTION CRITERIA.. 8

10.2        Policy and Legislation Committee - 28/05/2015 - BUSSELTON AND DUNSBOROUGH CENTRES FACADE REFURBISHMENT SUBSIDY PROGRAMME APPLICATION: DEPEL PTY LTD, FIG TREE LANE AND OCCY'S DUNSBOROUGH.. 15

10.3        Policy and Legislation Committee - 28/05/2015 - STATUTORY REVIEW OF DELEGATIONS. 39

11..... Planning and Development Services Report. 112

11.1        PROPOSED SINGLE HOUSE WITHIN SPECIAL CHARACTER AREA - LOTS 311 AND 312 WARDANUP CRESCENT, YALLINGUP. 112

12..... Engineering and Work Services Report. 138

Nil

13..... Community and Commercial Services Report. 138

Nil

14..... Finance and Corporate Services Report. 139

14.1        CITY OF BUSSELTON DOGS AMENDMENT LOCAL LAW 2015. 139

15..... Chief Executive Officer's Report. 144

15.1        NAMING OF NEW ROADS, BUSSELTON FORESHORE. 144

15.2        COUNCILLORS' INFORMATION BULLETIN.. 151

16..... Motions of which Previous Notice has been Given.. 158

Nil

17..... Confidential Reports. 158

Nil

18..... Questions from Members. 158

19..... Public Question Time. 158

20..... Next Meeting Date. 158

21..... Closure. 158

 


Council                                                                                      5                                                                        10 June 2015

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

Nil

Approved Leave of Absence

 

Cr Stubbs

3.               Prayer

                   The prayer will be delivered by Pastor Tony Peak from Abundant Life Centre

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 27 May 2015

Recommendation

That the Minutes of the Council  Meeting held 27 May 2015 be confirmed as a true and correct record.

 

 

 

 

 

 

 

Committee Meetings

9.2             Minutes of the Meelup Regional Park Management Committee held 12 May 2015

 

RECOMMENDATION

 

1)        That the minutes of a meeting of the Meelup Regional Park Management Committee held on 12 May 2015 be received.

 

2)        That the Council notes the outcomes of the Meelup Regional Park Management Committee meeting held on 12 May 2015 being:

 

a)            The Committee received the Meelup Regional Park Level 2 Fauna Survey.

 

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

 

 

 

9.3             Minutes of the Policy and Legislation Committee held 28 May 2015

 

RECOMMENDATION

 

1)    That the minutes of a meeting of the Policy and Legislation Committee held on 28 May 2015 be received.

 

2)    That the Council notes the outcomes of the Policy and Legislation Committee meeting held on 28 May 2015 being:

 

a)    The Locke Estate Selection Criteria item is presented to Council at item 10.1 of this agenda.

 

b)    The Busselton and Dunsborough Centre Façade Refurbishment Subsidy Programme Application: Depel Pty Ltd, Fig Tree Lane and Occy’s Dunsborough item is presented to Council at item 10.2 of this agenda.

 

c)    The Statutory Review of Delegations item is presented to Council at item 10.3 of this agenda.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.4             Minutes of a Meeting of the Capes Region Organisation of Councils (CapeROC) held on 22 May 2015

 

RECOMMENDATION

 

1)    That the minutes of a meeting of the Capes Region Organisation of Councils (CapeROC) held on 22 May 2015 be received.

 

2)    That the Council notes the outcomes of the Capes Region Organisation of Councils (CapeROC) meeting held on 22 May 2015 being:

 

a)    CapeROC supported the 2015 South West Showcase event by allocating funding for two officers to represent the City of Busselton and Shire of Augusta-Margaret River at the showcase event.

 

b)    CapeROC approved the renaming of the ‘Cape to Cape Calendar of Events’ to align with the new Margaret River Region Brand and the continuation of the allocation of funding towards the calendar of events and website, supported the development of a Memorandum of Understanding between the City of Busselton and the Shire of Augusta-Margaret River and the Margaret River Busselton Tourism Association outlining administration responsibilities of the website and requires that the logos of both Councils be featured on the calendar of events publication and website in recognition of funding provided by CapeROC.

 

c)    CapeROC approved up to $57,500 CapeROC of funds be allocated to the Waste Management / Regional Landfill Investigations and any remaining funds at 30 June 2015 being retained by respective Councils and agreed to allocate $50,000 each in 2015/16 for CapeROC projects.

 

d)    CapeROC were provided with an update on the Regional Waste Facility.

 

 

 


Council                                                                                      9                                                                         10 June 2015

10.             Reports of Committee

10.1           Policy and Legislation Committee - 28/05/2015 - LOCKE ESTATE SELECTION CRITERIA

SUBJECT INDEX:

Locke Estate

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Propery and Compliance

REPORTING OFFICER:

Property Coordinator - Ann Strang

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 May 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Reserve 22674, Lot 5303, Caves Road, Siesta Park is land known as the Locke Estate. It is crown land vested to the City for the designated purpose of “Recreational Camp Sites and Group Holiday Accommodation”.

 

The Locke Estate consists of 16 campsites that are managed and operated by various not-for-profit organisations through leases entered into with the City.  From time to time campsites within the Locke Estate become vacant.  The purpose of this report is to seek the endorsement of a set of standard selection criteria to be used when assessing applications for vacant sites in the future.

 

 

BACKGROUND

 

In 2007 the City commenced an extensive consultation process with community members and stakeholders to determine the future use of the Locke Estate, with the intention of examining various land use concepts for the site.  The process was partially funded by the state and involved state agency and Locke Estate representatives and community members.  Those considerations led to a decision to maintain the existing use of the land as community run campsites, but to incorporate several recommendations regarding enhanced environmental management of the area and an increased level of compliance with regards to usage of the campsites.

 

The decision of Council on the 23 September 2009 (C0909/332) provided clear criteria in relation to the type of organisations, whether current or future, that could be offered a lease in Locke Estate and criteria for assessment of prospective lessees. The Council in part resolved;

 

4.            That all future lessees will be required to meet the following criteria;

 

(i)            be a 'Not for Profit' Incorporated body with charitable, educational, and / or benevolent objectives;

(ii)           have a Business Plan clearly setting out the services the organisation intends to provide and to whom those services will and will not be provided;

(iii)          be able to demonstrate that the organisation has the financial and business acumen to operate a campsite for the purposes stated in its Business Plan; and

(iv)         in the case of an existing lessee, demonstrate compliance with their obligations under the current lease."

 

These criteria were reflective of the desire of Council and other stakeholders involved in the process to ensure that the Locke Estate sites were leased not only for the right purpose but also that the lessees have the ability to deliver what they promised.      

 

Further, in July 2010, the Council resolved (C1007/271) to reconfirm its commitment to enter into leases of up to 21 years with the existing lessees, with the new lease to introduce a coastal protection and a conservation zone for each campsite and minimum standards of accommodation, facilities and infrastructure.

 

Existing lessees wishing to apply for a new lease were requested to submit a business plan outlining their organisation structure, services, financial capabilities and vision for the site. Thirteen of the lessees applied to enter into a new lease over their current site; with two lessees advising that they wished to relinquish their sites.  One site was already vacant, thus leaving the City with three vacant sites.  

 

A report was presented to Council on the 12 October 2011, which made recommendations in relation to the process of seeking future lessees for the vacant sites and specifically outlined selection criteria for the assessment of expressions of interest.  Council resolved (C1110/313) in part as follows;

 

 7)          Endorses an expressions of interest process to lease vacant sites 7,12and 1 6 in the Locke Estate for a term expiring on 30 November 2032 and otherwise on the terms and conditions of the standard              Locke Estate lease. The assessment of submissions is to be based on the following selection criteria and weighting:

 

1.   

1.   

4.   

1.    Organisational Intent

Describe the organisation’s objects in terms of;

a)       Being charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature,

b)       The Constitution prohibiting members of the organisation, not being entitled or permitted to receive any pecuniary profit from the organisations transactions.

Weighting

30%

 

2.    Premises Use & Purpose

Describe the services the organisation intends to deliver, and how those services comply with the prescribed uses of the site as set out in the lease, specifically to;

(i)                                (i)        Groups participating in organised educational, cultural, religious or recreational activities, and / or;

(ii)                               (ii)      Financially disadvantaged persons who are otherwise not able to afford a holiday, and / or;

(iii)      Individuals or families requiring respite;

and that with the exception of the provision of temporary accommodation for people involved with or contracted to manage, improve and/or maintain the Premises or the Improvements, the applicant will not provide short stay holiday accommodation to the general public.

Weighting

30%

 

3.    Applicants Resources

Applicants should demonstrate their ability to sustain the campsite and meet the obligations contained within the lease, specifically in terms of key personnel and financial resources.

As a minimum, information of proposed personnel to be allocated to the management of the campsite, should address:

(a)      Their role in the management of the campsite; and

(b)      Qualifications or experience with similar undertakings.

As a minimum, the applicant’s financial resources should be demonstrated through the provision of a ‘Statement of the Organisations Financial Capacity & Resources’ from a qualified auditor or accountant.

Weighting

30%

 

4.    Demonstrated Understanding

Applicants should demonstrate their understanding of the purpose of the Reserve as contained in the Management Order between the State of WA and the Shire of Busselton and also of the Shire’s intention to ensure well managed campsites on the Reserve.

Weighting

10%

 

 

 

This resolution further supported the 2009 resolution and again highlighted the importance of considering not only the proponents intended use of the Locke Estate but its ability to provide sound management and meet all of the obligations of the lease, noting that Council were offering lease terms of up to 21 years.  

 

The selection criteria are utilised as part of an expression of interest process which includes extensive written information about the site or sites available, the constraints that apply to those sites (e.g. coastal setback area etc.), usage restrictions and the City’s standard Locke Estate lease terms.  An information session and tour of the site or sites forms part of the process.  The selection criteria are of course provided up front to any interested associations together with an indication of the information that needs to be submitted to address the selection criteria, including business plans, plans of any proposed development and information about the association itself.  In the past around 10 weeks has been allowed for the submission of this information.

 

While the above selection criteria remain generally relevant and suitable for their purpose, it is considered appropriate, given the time period since Council last formally considered such criteria, to now review them.

 

STATUTORY ENVIRONMENT

 

Section 3.54 of the Local Government Act 1995 (the ‘Act’) empowers the City to control and manage reserve land vested in it or placed under its control.  Reserve 22674, known as the "Locke Estate" is vested with the City of Busselton with the power to lease for any term not exceeding 21 years for the designated purpose of "Recreational Camp Sites and Group Holiday Accommodation only" subject to the consent of the Minister for Lands.

 

The objects and purposes of any association which would be considered eligible to lease a site of the Locke Estate are such that they should always be exempt from the land disposition requirements of section 3.58 of the Act.  There is therefore no particular statutory requirement which the City’s EoI process must meet.  The key legal requirement impacting on the selection criteria is the need to ensure any site is used for a purpose which is consistent with the designated purposes under the Reserve Management Order.

 

RELEVANT PLANS AND POLICIES

 

Nil

FINANCIAL IMPLICATIONS

 

The adoption of a Policy setting out the selection / assessment criteria for vacant Locke Estate sites will have no direct financial implications. 

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

Consideration of this matter is consistent with the following Strategic Community Objectives:

 

Key Goal Area 2 – Well Planned, Vibrant and Active Places

 

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

 

Key Goal Area 6 – Open and Collaborative Leadership

 

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

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. No risks have been identified as ‘medium’ or greater.

 

CONSULTATION

 

The City has previously consulted with the Locke Estate Work Group (LEWG) in relation to the selection criteria used for assessing and recommending potential lessees.  This group, which is no longer in formation, was made up of Lessees, Councillors, City Officers and a community representative.   The group were not in a position to make formal decisions, but were consulted on when recommendations were put to Council.  

 

OFFICER COMMENT

 

It is recommended that a standard set of selection criteria be adopted to assist in the assessment of applications to lease at the Locke Estate.  This will ensure a transparent and consistent approach to the assessment of applications and will improve the effectiveness of the overall process by ensuring advertising of a vacant site can be done in a timely manner. 

 

Applications to lease a Locke Estate site are essentially assessed against their ability to meet the lease purpose and terms.  Having detailed selection criteria however provides further guidance as to the sort of information the City requires to adequately assess an application, and assists potential proponents in presenting and structuring their application. 

 

As outlined in the background section of this report, the matter of how applications for Locke Estate sites should be assessed has been extensively discussed over a number of years with Council making two previous resolutions which provide strong guidance.  It is clear from these previous resolutions that Council is committed to ensuring not only the proper use of the Locke Estate but that it is managed and maintained to a high standard.  This is consistent with the outcome of the extensive review of the use of the Lock Estate completed in 2009.

Officers have conducted a review of the selection criteria resolved by Council in 2011 and are not recommending fundamental changes to the criteria or their intent.  It is proposed that there will be compliance criteria apply which must be satisfied prior to an application being assessed which will include the following: 

 

1.            All future lessees are required to be a 'Not for Profit' Incorporated body with either charitable, religious, cultural, educational, recreational, sporting or other benevolent like nature objectives, and their constitution must prohibit members of the organisation being entitled or permitted to receive any pecuniary profit from the organisation. 

 

2.            Any proposal for use of the site by a future lessee must meet one or more of the following purposes:

 

(i) Groups participating in organised educational, cultural, religious or recreational activities and / or;

 

(ii) Financially disadvantaged persons who are otherwise not able to afford a holiday and / or;

 

(iii) Individuals or families requiring respite; and

 

with the exception of the provision of temporary accommodation for people involved with or contracted to manage, improve and / or maintain the site, short stay holiday accommodation must not be made available to the general public.

 

3.            If a development proposal is part of the submission it must be generally capable of being carried out given site constraints and requirements; including coastal setbacks, environmental constraints etc.

 

This is entirely consistent with the City’s past approach in this regard, but the inclusion of stated compliance criteria will enable the exclusions of proposals that simply could not occur on the Locke Estate from further assessment.

 

It remains important that any selection criteria give adequate and appropriate weight to the proposed use of the site, the community benefit of the proposed use, the financial capabilities of the proponent to develop and maintain the site and proposed infrastructure, and their previous experience in running the proposed program(s) and / or managing property or similar accommodation.

 

It is intended to have three different criteria which cover:

 

1.            an assessment of the activities and purpose of the association applying for the site and the services/programs it intends to carry out on the site;

 

2.            the organisation’s proposed use of the site including an overall assessment of the nature and quality of that use as well as the extent to which it fits with the legislative requirements and environmental constraints on the site; and

 

3.            an assessment of the organisation’s management and financial capacity. 

 

The criteria are essentially very similar to the existing criteria, however they have been reworded to read more like assessment criteria rather than the requirement for documentation to be submitted.  The nature of the documentation each applicant would need to submit would be covered off by written information provided with the selection criteria and provided during the information sessions.  The documentation which would need to be submitted would be substantially the same as it is now, including business plans which outline information about the association itself and the services and activities to be proposed to be carried out on the site, development plans if required outlining any proposed development on the site or otherwise an indication of what is proposed to be done on the site and information about the property management proposals and experience and financial capacity of the association. 

 

The criteria have been weighted to give emphasis to what the organisation is proposing to do on the site and the extent to which the organisation’s purpose and activities fit with the lease/reserve purpose.  For this reason the first criteria has been weighted more highly than the others at 40%.  Criteria two relating to the proposed use of the site, is ultimately about the activities the organisation intends to carry out on the site and the extent to which they fit with the purpose of the Locke Estate albeit, that there is more of an emphasis on proposed activity and development related site criteria and constraints (coastal, environmental etc.). This is weighted at 30%.  Management and financial capabilities has also been weighed at 30%.  These criteria are substantially similar to those that were in the previous selection criteria, with some minor word changes to clarify the nature of relevant previous management experience that would be relevant to the assessment and ultimately some enhancement of the criteria to ensure all relevant information in this regard is being considered and assessed.

 

CONCLUSION

 

In setting criteria as they are and weighting them in the manner proposed, officers feel they have struck the right balance in ensuring the activities carried out at the Locke Estate are in accordance with the well-established use of the Locke Estate as enshrined in the lease purpose, but also helping to ensure that these much sought after sites are being leased to organisations and associations which can deliver upon their proposals and manage these sensitive and valuable sites properly, noting that they are being provided with long term leases of significant community land.

 

OPTIONS

 

1.            The Council may not agree with the recommendation to introduce some or all of the selection criteria and/or their weighting or may require changes to the criteria themselves.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The selection criteria once resolved will be used for any future expressions of interest process for Locke Estate sites.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

1.         Adopts the following set of standard selection criteria to be used to assess proposals in   respect of Locke Estate (Reserve 22674) Lease sites which become available:

 

CRITERIA ONE:                  THE ORGANISATION’S ACTIVITIES AND PURPOSE

 

Weighting = 40%

 

(a)      An assessment of the objectives of the organisation and the services it delivers and the extent to which they meet the objectives of the prescribed uses set out in the standard Locke Estate Lease.

 

(b)      An assessment of what the site is proposed to be used for and any services to be provided and how these meet the objects of the prescribed uses set out in the standard Locke Estate Lease.

 

(c)       An assessment of who will benefit from the proposal and the extent of benefit provided.

 

(d)      The extent to which the proposal would add value to the general social wellbeing of the community or would otherwise benefit the community.

 

CRITERIA TWO:   THE PROPOSED DEVELOPMENT AND USE OF THE SITE

 

Weighting = 30%

 

(a)      An assessment of the concepts and plans of what is proposed to be done on the site including any development proposals for the site, and the extent to which this will help to meet the organisation’s objectives for the site and support its use for the designated lease purposes. 

 

(b)      An assessment of the extent to which any proposed use of the site complies with and/or takes into account the environmental and other land use factors affecting the site and otherwise meets the requirements of any relevant law. 

 

(c)       An assessment of the information the organisation provides as to how it intends to deliver any proposed services/programs from the site and otherwise proposes to manage the site in accordance with standard lease requirements.

 

CRITERIA THREE:   THE ORGANISATION’S MANAGEMENT AND FINANCIAL CAPABILITY

 

Weighting = 30%

 

(a)      An assessment of information provided in relation to proposed key personnel (persons or positions) their qualifications and/or experience as relevant to their proposal.

 

(b)      An assessment of the association’s previous experience and success in managing other properties or otherwise carrying out uses/developments and/or providing services of the type proposed.

 

An assessment of the organisation’s financial resources and/or financial ability and plan to deliver the proposal which it has submitted.  In order to assess this criteria information will need to be provided through a statement of the organisations financial capacity and resources from a suitably qualified person and this should also detail the extent to which the proposal is dependent on grant funding and the status of that funding and/or organisations belief of its capacity to achieve that grant funding and the basis for that belief.

 


Council                                                                                      15                                                                      10 June 2015

10.2           Policy and Legislation Committee - 28/05/2015 - BUSSELTON AND DUNSBOROUGH CENTRES FACADE REFURBISHMENT SUBSIDY PROGRAMME APPLICATION: DEPEL PTY LTD, FIG TREE LANE AND OCCY'S DUNSBOROUGH

SUBJECT INDEX:

City Centres Facade Refurbishment Subsidy Programme

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:

Policy Planner, Statutory Planning - Carly Rundle

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Depel Pty Ltd

Attachment c    Fig Tree Lane

Attachment d   Occy's Dunsborough

Attachment e    Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme  

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 May 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Council is asked to determine three applications received for the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme in accordance with the programme guidelines adopted.

 

 

BACKGROUND

 

Council resolved on 13 March 2013 to trial a programme for the 2013/14 and 2014/15 financial years by allocating $20,000 in the 2013/14 financial year and $50,000 in the 2014/15 financial year towards a façade refurbishment subsidy programme. On 29 January 2014 Council adopted the Busselton City Centre Façade Refurbishment Subsidy Programme and resolved to commence an expression of interest process for applications. Applications would then be assessed by officers and recommendations provided in a further report to Council via the Policy and Legislative Committee.

 

One application was received from the Vasse Bar and Café on the first expressions of interest round, of which Council on 20 November 2014 resolved to support with a subsidy contribution to be paid on completion of the works.

 

Following the first round of expressions of interest the City also received a request from the Dunsborough Yallingup Chamber of Commerce and Industry to consider the inclusion of the Dunsborough Town Centre within the Façade Refurbishment Subsidy Program. Council resolved 10 December 2015 to support the inclusion of a specific area of the Dunsborough Town Centre to be included as an ‘eligible area’ where applications will be considered. The amended programme, now called the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme is provided at Attachment E.  

 

As the budget was not fully allocated in the first round of expressions, a second round of expressions of interest were undertaken ending on 20 March 2015. Three applications were received which are the subject of this report, two in the Dunsborough Town Centre and one in the Busselton City Centre. A Location Plan of the applications received is provided at Attachment A

 

The applications received include:

 

1.    Depel Pty Ltd

 

This application proposes to upgrade the shop front windows of Lots 1, 2 and 3 (Hse 245) Naturaliste Terrace, Dunsborough. The façade extends across three stores currently used for retail purposes. The application is to replace the narrow paneled windows of all three shops replacing these with singular windows on elevations. Attachment B shows a picture of the existing façade and proposed new windows applied for as part of the subsidy application.

 

2.    Fig Tree Lane – Prince Street

 

This application proposes to replace the awnings on the elevation of Fig Tree Lane fronting Prince Street on Lot 1 (Hse 1/55) (Betts), Lot 2 (Hse 2/55) (Jean Scene) and Common Property (Hse 55) Prince Street, Busselton. With the current ‘U’ shape of the façade of Fig Tree Lane the awning to be replaced is approximately 55m in length. 

 

The proposal is to replace the existing verandah awnings with a new dark grey colorbond material and renovate the existing steel frames underneath. Attachment C shows a picture of the existing façade. There were no elevations provided for the new awnings, however the awnings will match those awnings which have recently been replaced by the strata owners of Fig Tree Lane on the Kent Street elevation. A picture of the Kent Street awning has been provided as an example of the new awnings in Attachment C.   

 

3.    Occy’s Dunsborough

 

Occy’s is located within the Dunsborough Park Shopping Centre, and occupies Lot 12 (Hse 12/34) Dunn Bay Road, Dunsborough. The façade subsidy application proposes to construct a fixed patio/awning extending 5.6m into the outdoor alfresco area. The existing awning consists of a green cloth which is retractable (temporary) and extends approximately 1-2m in this area (Attachment D). The applicant proposes to replace this with the permanent structure (Attachment D). The proposed awning will extend into the outdoor alfresco area far enough to shelter an area for outdoor dining and an area kept clear at all times as a pedestrian thoroughfare. 

 

The alfresco area is located within Reserve 38693 (Lions Park). Council resolved to support the use of the outdoor alfresco within a Reserve on 11 December 2013. Pursuant to the City of Busselton Bylaw Relating to Eating Areas in Streets and Other Public Places, the landowners are able to utilise the outdoor alfresco area by applying for an annual licence.

 

STATUTORY ENVIRONMENT

 

The Busselton City Centre Façade Refurbishment Subsidy Programme and application for subsidy funding is consistent with the Local Government Act 1995 and the Local Government (Functions and General) Regulations 1996.

 

RELEVANT PLANS AND POLICIES

 

The Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme is a document for the City and Council to consider when assessing applications received for the subsidy funding. It provides clarification and transparency to the public on what will be considered acceptable for an application.

 

The programme specifies an ‘eligible area’ and ‘eligible’ works which will be considered for subsidy funding.

In determining applications the City is also to assess in accordance with the following criteria:

 

·    Consistency with the adopted Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme (including whether the works are ‘eligible’ for funding);

·    Compliance with the City’s Town Planning Scheme and Building Code of Australia;

·    Consistency with the objectives and recommendations of the Busselton City Centre Urban Design Policy( in the case of the Busselton City Centre);

·    The degree to which the applicant is financially contributing to the project;

·    The extent to the which the project contributes to the visual improvement of the façade and is visible from the public domain;

·    Integration of the proposed works with the streetscape, adjoining buildings and degree to which the project contributes to the established character of the street; and

·    The degree to which the proposed works promote interaction with the streetscape, including the provision of frontages which are inviting, provide points of interest for pedestrians and allow for an efficient use of space, are functional, attractive and pedestrian friendly.

 

FINANCIAL IMPLICATIONS

 

A budget of $50,000 is available for subsidy programme funding in the 2014/15 financial year.

 

One application was supported on 20 November 2014, with Council endorsing the Vasse Bar and Café refurbishment application to a value of $6,662.75. The applicant has signed a legal agreement to complete the works by 31 May 2015. The payment is expected to occur prior to the end of the 2014/15 financial year. Following payment of these funds $43,337.25 will remain unallocated for the 2014/15 financial year. 

 

Should applications 1 and 2 be approved in accordance with the officers recommendation, the payments will be made in the 2015/16 financial year, of which to date $50,000 has been allocated in the draft budget.  Following allocation of funds to applications 1 and 2, funds $40,684.95 will remain unallocated.

 

Long-term Financial Plan Implications

 

The proposed budget allocation for the 2015/16 financial year is consistent with the City’s long term Financial Plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation in this report reflects Community Objective 2.2 of the City’s Strategic Community Plan 2013 – ‘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, and no risks identified where the residual risk, once controls are considered, is medium or greater.

 

 

 

CONSULTATION

 

Expressions of interest were sought from the 23 January to 20 March 2015. Three applications have been received.

 

OFFICER COMMENT

 

The applications have been assessed against the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme. All applications are within the eligible areas of the programme which the City has identified as a priority for upgrades. The programme identifies works which will be considered as eligible for the funding and excludes works such as general maintenance which should be occurring regularly without the programme as ‘ineligible’ for subsidy funding.

 

The following provides an assessment of the works and consistency with the programme guidelines adopted which guide the City’s decisions.

 

1.    Depel Pty Ltd

 

The applicant has applied for a subsidy contribution for the works summarised below:

 

Works Proposed

Quotation (ex GST)

Eligible or Ineligible works

Amount

(ex GST)

Replace shop front windows, doors and glazing to all three shops

$13,828.55

Eligible – The modification or creation of windows to provide interaction with the streetscape is considered eligible works.

$13,828.55

Total Expenditure (ex GST)

$13,828.55

Potential subsidy contribution (50% of total expenditure (ex GST) above $5,000)

$4,141.30

 

The works proposed meet the assessment criteria of the programme as they will:

 

·    Comply with the City of Busselton Town Planning Scheme 20 and Building Code of Australia;

·    The works proposed as part of the façade upgrade will visually improve the façade and view of the building from the streetscape; will promote interaction with the streetscape by improving the visibility into the shop fronts and create a shop front which is functional.

 

Whilst the proposed façade works will only result in a minor improvement to the streetscape, the upgrades proposed are functional, will ensure compliance with disabled access for older buildings and are consistent with the façade subsidy programme guidelines and assessment criteria. It is recommended that the subsidy funding of up to $4,141.30 be provided.

 

2.    Fig Tree Lane – Prince Street

 

The applicant has applied for a subsidy contribution for the works summarised below:

 

Works Proposed

Quotation (ex GST)

Eligible or Ineligible works

Amount

(ex GST)

Replace awning structure and renovate underneath

$15,347.50

Eligible – The skinning of an existing awning structure and fascia with new material and the repairing and replacing of an awning structure are eligible works under the policy. 

$15,347.50

Total Expenditure (ex GST)

$15,347.50

Potential subsidy contribution (50% of total expenditure (ex GST) above $5,000)

$5,173.75

 

The works proposed meet the assessment criteria of the programme as they will:

 

·    Comply with the City of Busselton Town Planning Scheme 20 and Building Code of Australia;

·    Will visually improve the appearance of the buildings from the streetscape and is located at the entrance to Fig Tree Lane which is a popular walkway.

·    The length of awning being replaced is significant and will create a consistent look with the awning at Kent Street;

·    The new awning will complement future streetscape works to be undertaken on Prince Street, which may  include the construction of a feature in the Fig Tree Lane forecourt are which is yet to be determined.

 

The proposed application is consistent with the façade subsidy programme guidelines and assessment criteria and it is recommended that the subsidy funding of up to $5,173.75 be provided.

 

3.    Occy’s Dunsborough

 

The application proposes to construct a fixed patio/awning extending 5.6m into the outdoor alfresco. The alfresco area is located within Reserve 38693 (Lions Park). The existing awning consists of a green cloth which is retractable (temporary) and extends approximately 1-2m in this area. The applicant proposes to replace this with the permanent structure. These works are considered ‘eligible’ works in accordance with the Façade Subsidy Programme.

 

The quotation provided (ex GST) for the construction of the new patio/awning is $36,105. A subsidy contribution of $15,552.60 has been requested, which given the value of the proposed, is consistent with the Programme

 

The primary consideration for this application is whether a permanent structure can be supported within the Reserve land and therefore whether the City should allocate funding when it is uncertain that the works will be supported.

 

At the time of the approval for the use of the alfresco area in a Reserve the Department of Lands provided support on the basis that the alfresco area did not deny or limit public access and use to the overall reserve (i.e a thoroughfare was kept clear and structures were not permanent). The decision of the City to allow the use of this area under a licence rather than a lease was also based on the temporary nature of the use as the alfresco which requires structures to be removed from this space daily.

 

The erection of an awning with posts and footings in the Reserve land introduces a ‘permanent structure’ into this space. The consideration of whether the permanent structure can be supported is a question of whether the permanent structure is further entrenching the use of that space exclusively for the use of the business and should be managed under a ‘commercial lease’ rather than a ‘licence’. The provision of a permanent awning will place poles and footings within the Reserve impeding the use by the public and the structure will further create a view that the outdoor alfresco area is an ‘exclusive’ space not available to the public which should potentially be managed through a commercial lease. As there is currently no power to lease on Reserve 38693 this would require the amending of the management order and support from Department of Lands, the City and public to do so.

 

Notwithstanding the above, officers are also aware the awnings around buildings provide shelter and shade to pedestrians and are generally in the public interest. The Department of Lands has also provided support for the permanent awning on Reserve 38693 on the basis that the awning isn’t restricting or impacting on public access to this space, can be deemed to be of public benefit and does not necessarily further entrench the space or make this more ‘exclusive’ to the business.

 

Of further consideration with regards to allowing a permanent structure in Reserve 38639 is that there are a number of businesses which front Reserve 38693, who may wish to follow the precedent that this development could set and a coordinated, fair approach to the provision of alfresco license’s, leases and structures extending into the Reserve is required.

 

Overall, the proposal for the awning structure is consistent with the Façade Subsidy Programme Guidelines and officers would recommend that subsidy funding be provided. However as the land tenure is uncertain it is recommended that the provision of any subsidy funding be deferred until such time as land tenure and some other issues have been investigated more fully by City officers, at which time the matter will be presented for further Council consideration.

 

CONCLUSION

 

It is considered by officers that the proposal 1 and 2 comply with the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme and it is recommended that the subsidy funding of $4,141.30 and $5,173.75 respectively be provided, but that a decision regarding proposal 3 be deferred.

 

OPTIONS

 

Should the Council consider that the either of the applications works or part of the works is not consistent with the programme guidelines objectives and assessment criteria, it may resolve  not to provide subsidy funding for the works. The Council could also provide direction in terms of the Occy’s proposal, as an alternative to deferring the matter as recommended.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The officer recommendation if supported will require the applicants to enter into a legal agreement with the City to complete the works and arrange for the subsidy funding to be paid prior to the end of the 2015/16 financial year.

 

OFFICER RECOMMENDATION

 

That the Council resolve:

 

1.    That the application to upgrade the façade of the Lots 1, 2 and 3 (Hse 245) Naturaliste Terrace, Dunsborough is consistent with the objectives and assessment criteria of the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme and contribute up to $4,141.30 towards the work.

 

2.    That the application to upgrade the façade of Lot 1 (Hse 1/55) (Betts), Lot 2 (Hse 2/55) (Jean Scene) and Common Property (Hse 55) Prince Street, Busselton is consistent with the objectives and assessment criteria of the Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme and contribute up to $5,173.75 towards the work.

 

3.    To enter into a legal agreement with the owners of the successful applications in Resolution 1 and 2 to provide for the payment of funds once the works are completed to the City’s satisfaction and find costs substantiated.

4.    To defer the consideration of the Occy’s proposal for Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme, pending further consideration of tenure issues and broader planning issues.

 

Note:                 The Committee felt that the proposed upgrades to Lots 1, 2 and 3 (Hse 245) Naturaliste Terrace, Dunsborough and Lot 12 (Hse 12/34) Dunn Bay Road, Dunsborough didn’t adhere to  the principles and fit the criteria of the Façade Refurbishment Subsidy Programme. They also wished to include acknowledgment of grant funding by the City to be recognised appropriately by funding recipients.

 

COMMITTEE RECOMMENDATION

 

That the Council resolve:

 

1.   That the application to upgrade the façade of the Lots 1, 2 and 3 (Hse 245)                                            Naturaliste Terrace, Dunsborough is not consistent with the objectives and                                  assessment criteria of the Busselton and Dunsborough Centres Façade                                                        Refurbishment Subsidy Programme and is therefore declined.

 

2.   That the application to upgrade the façade of Lot 12 (Hse 12/34) Dunn Bay Road,                               Dunsborough is not consistent with the objectives and assessment criteria of the Busselton           and Dunsborough Centres Façade Refurbishment Subsidy Programme and is therefore            declined.

 

3.   That the application to upgrade the façade of Lot 1 (Hse 1/55) (Betts), Lot 2 (Hse 2/55) (Jean        Scene) and Common Property (Hse 55) Prince Street, Busselton is consistent with the                              objectives and assessment criteria of the Busselton and Dunsborough Centres Façade            Refurbishment Subsidy Programme and to contribute up to $5,173.75 towards the work.

 

4.   To enter into a legal agreement with the owner of the property in the successful application         in Resolution 3 to provide for the payment of funds once the works are completed to the    City’s satisfaction and final costs substantiated.  The legal agreement shall include the           requirement for appropriate recognition of the City’s contribution to the City’s satisfaction.

 

 

 


Council

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10 June 2015

10.2

Attachment a

Location Plan

 


 


Council

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10 June 2015

10.2

Attachment b

Depel Pty Ltd

 


 


 


 


Council

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10 June 2015

10.2

Attachment c

Fig Tree Lane

 


 


Council

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10 June 2015

10.2

Attachment d

Occy's Dunsborough

 


 


Council

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10 June 2015

10.2

Attachment e

Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme

 


 


 


 


 


 


Council

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10 June 2015

10.2

Attachment e

Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme

 


Council                                                                                      43                                                                      10 June 2015

10.3           Policy and Legislation Committee - 28/05/2015 - STATUTORY REVIEW OF DELEGATIONS

SUBJECT INDEX:

Authorised Delegation of Power / Authority

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Corporate Governance

REPORTING OFFICER:

Manager, Governance Services - Lynley Rich

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Existing Delegations with Minor Changes Proposed (3J and 6E)  

 

This item was considered by the Policy and Legislation Committee at its meeting on 28 May 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Local Government Act 1995 requires delegations made under that Act to be reviewed by the delegator at least once each financial year.  This review is to fulfil that requirement for the 2014/2015 financial year.  This report is presented for the Council to determine whether or not to continue the delegations in their current form. 

 

An increase to the maximum amount to which the CEO can accept a tender is recommended to be approved to allow for potential escalation for the types of tenders that have historically been awarded under delegation.  In addition, an increase to the amount of funding that can be approved under the delegation that enables the CEO to determine applications made to the donations and sponsorships fund is recommended.  No other changes are otherwise recommended.

 

The reason that no other changes are recommended is that the delegations have been refined over the past eight years since they were developed using the Department of Local Government’s (still current) Guideline Relating to Delegations.   They are considered to continue to provide an appropriate level of decision-making power to the CEO and Committees and are closely examined during any compliance audit.

 

Additionally, delegations made under the Cat Act 2011 and the Dog Act 1976 are required to be reviewed once every financial year.  These delegations were implemented during the 2013/14 financial year so have not yet been reviewed.  They are presented for review with this report, and no changes are recommended.

 

 

BACKGROUND

 

Council has the ability to delegate the exercise of powers and discharge of duties to its Chief Executive Officer or to Committees.  Delegations are required to be reviewed by the delegator (in this case the Council) at least once every financial year. 

 

STATUTORY ENVIRONMENT

 

Section 5.42 of the Local Government Act 1995 provides the Council with the ability to delegate powers and duties to its CEO.  This review is to comply with the requirements of Section 5.46 of the Act.  Some powers and duties cannot be delegated in accordance with Section 5.43 of the Act, such as matters that require an absolute majority decision of the Council. 

 

Section 5.16 of the Act provides the ability for powers and duties to be delegated to Committees.  This review is to comply with the requirements of Section 5.18 of the Act.

 

All delegations must be contained in a register, which is a public document. Wherever a decision is made under delegated authority, records of the decision must be kept in accordance with the Local Government (Administration) Regulations 1996.

 

Section 44 of the Cat Act 2011 provides the power for Council to delegate the exercise of its functions and discharge of its duties to the CEO.  Section 47(2) of that Act requires the delegator to review delegations at least once every financial year.

 

Section 10AA of the Dog Act 1976 provides Council with the ability to delegate powers and duties to its CEO.  In accordance with Section 10AB(2) of that Act, the delegations must be reviewed at least once every financial year.

 

RELEVANT PLANS AND POLICIES

 

There are no plans or policies directly applicable to the review of delegations, while noting that several of the powers and duties delegated need to be carried out in accordance with applicable policy provisions.

 

FINANCIAL IMPLICATIONS

 

Nil, other than utilising delegated authority creates organisational efficiencies.  Without a system of delegated authority in place, a significant number of day-to-day local government decisions would have to be referred to the Council as agenda reports.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Delegations enable officers to carry out some of the powers and duties of the local government (the Council) which reduces the volume of matters being referred to Council for a decision.  This can effectively reduce the turnaround time for some matters and enables the Council to use its time to undertake its more strategic role.

 

This contributes to the Strategic Community Objective of Governance systems that deliver responsible, ethical and accountable decision-making.  It also provides for efficient and effective decision-making practices leading to a better use of limited resources.

 

RISK ASSESSMENT

 

Not required for a review undertaken in accordance with statutory requirements.

 

CONSULTATION

 

The current delegations were developed in accordance with the Department of Local Government's Delegations guidelines, which remain current, some years ago and have been continually refined ever since.

 

 

 

OFFICER COMMENT

 

There are a wide range of powers and duties delegated to the CEO in accordance with the powers provided by Sections 5.42(1)(a) and (b) of the Local Government Act 1995.  These are largely recommended to continue unchanged, with the exception of updating the conditions on the delegations relating to tenders and the administration of the donations and sponsorships fund.  The following table provides an overview of the current delegations and an explanation, where necessary, of the powers exercised by the CEO.  The conditions relating to 3J and 6E are recommended to be updated. 

 

3A

Legislative Function

To determine applications received by the City in accordance with any Local Law and to enforce the provisions of Local Laws.

 

3B

Executive Function

To determine applications received by the City to access, use or otherwise conduct activities on land or property.

 

3D

Notices Requiring Things to be Done

To exercise the powers and discharge the duties of the local government under Section 3.25(1), 3.26(2) and 3.26(3).

This provides for the ability to require actions from an owner or occupier relating to unsightly land, overgrown vegetation, rubbish etc.

3E

General Procedure for Entering Property

To authorise persons on behalf of the local government for the purposes of discharging the duties under Section 3.31(2).

A person requires authorisation in order to enter property.  This enables the CEO to authorise others instead of requiring Council approval.

3F

Power to Remove and Impound

To authorise employees on behalf of the local government for the purposes of discharging the duties under Section 3.39 and 3.40A(1).

A person requires authorisation in order to impound vehicles etc.  This enables the CEO to authorise others instead of requiring Council approval.

3G

Disposing of Uncollected Goods

To exercise the powers and discharge the duties of the local government under Section 3.47(2) and 3.47(2a).

Enables the CEO to dispose of impounded goods when not collected in a specified time, including vehicles.

3H

Thoroughfare Closure

To exercise the powers and discharge the duties of the local government under Section 3.50(1), 3.50(1a), 3.50(4), 3.50(6) and 3.50A.

Enables the CEO to require the closure of roads.

3J

Inviting and Awarding Tenders

To publicly invite tenders by determining the written criteria for deciding which tender should be accepted and to award tenders with a contract value up to $300,000, subject to conditions.

It is recommended that the contract value is increased to $350,000 to allow for potential escalation for the types of tenders that have historically been awarded under delegation.

3K

Acquiring and Disposing of Property

To exercise the powers and discharge the duties of the local government under Sections 3.58(2) and 3.58(3) and acquire property on the local government's behalf.  The value of the property shall not exceed $100,000.

Enables the CEO to dispose of property of the local government of relatively low value and may include goods surplus to requirements, such as plant, office furniture etc.

5A

Provision of Urgent Legal Services

To provide authorisation in accordance with Council policy “Legal Representation for Council members and employees” for urgent legal services to a maximum value of $10,000.

 

5B

Directions Regarding Unauthorised Development

To give directions in relation to unauthorised development and to authorise any action available to the responsible authority under the Planning and Development Act 2005. 

 

6A

Payments from Municipal Fund

To exercise the powers and discharge the duties of the local government in accordance with regulation 12 of the Local Government (Financial Management) Regulations 1996.

Enables the payment of creditors without specific Council approval.  All payments made must be reported to Council which is undertaken with a monthly report via the Finance Committee.

6B

Power to Defer, Grant Discounts, Waive or Write Off Debts

To exercise the powers and discharge the duties of the local government under Sections 6.12(1)(b), 6.12(1)(c) and 6.12(3) of the Local Government Act 1995.

Enables the CEO to deal with minor fee waivers and concessions and debt write-off requirements, to a maximum of $2000.

6C

Rates and Service Charges

To exercise the powers and discharge the duties of the local government under Section 6.49, 6.50(1), 6.50(2), 6.56(1), 6.60(2), 6.60(3), 6.60(4), 6.64(1), 6.64(3), 6.71(1), 6.74(1), 6.76(4), 6.76(5), schedule 6.2 clause 1(1) and schedule 6.3 clauses 1(4) and 4(1).

Enables the CEO to determine due dates for rates and to take recovery action for unpaid rates.

6D

Investment

To invest surplus funds in accordance with the Direct Investments section of the Council's investment policy. 

Enables funds to be invested by the CEO as set out in the Council policy.

6E

Payments from Sponsorship and Donations Fund

To determine the allocation of donations and sponsorships from the fund established for this purpose.

This delegation currently requires that individual payments do not generally exceed $500.  It is proposed that this is changed to not generally exceed $1,000 for the reasons outlined in this report.

9A

Appointment of Authorised Persons

To authorise persons, or classes of persons, on behalf of the local government for the purposes of performing particular functions in accordance with Section 9.10(1) and 9.10(2) of the Local Government Act 1995.

A person requires authorisation in order to take enforcement actions.  This enables the CEO to authorise others instead of requiring Council approval.

9B

Authorising Common Seal

To authorise the affixing of the Common Seal of the City to a document that needs the City's Common Seal to be legally effective.

While the CEO can authorise the affixing of the Common Seal so Council approval is not required, it is also necessary for the document to be signed by the Mayor.

10A

Claims Against the Local Government

To consider claims against the local government for damage to property and either accept or deny liability.

 

 

 

The delegation relating to awarding tenders was established in 2011.  The contract amount was increased to $300,000 in 2013.  With the passage of another two years since that increase, it is recommended that the amount is increased to $350,000, largely to allow for potential escalation in the types of contracts that have historically been awarded under delegation by the CEO.

 

With regard to delegation 6E, the delegation currently states that any approved sponsorship donation is generally not to exceed $500.  However, there have been times when a larger amount has been considered appropriate and the matter has been discussed with the Finance Committee.  Since that time, it was identified at the last Marketing and Events Reference Group (MERG) meeting that a number of smaller funding requests to that group were from local clubs for local events and were often in the region of $500 to $1,000.

 

It was identified that these types of requests were actually more aligned to the purpose of the funding provided under the small sponsorships and donations fund administered under delegation by the CEO.  It was proposed by the Mayor that consideration be given to increasing the limit in the delegation to enable the CEO to consider, and approve where appropriate, these types of applications.  It is therefore recommended that the limit on this delegation be increased to $1,000.

 

All other delegations are recommended to continue unchanged.  This report also seeks to review the delegations that the Council has made to Committees.  No changes are recommended.

 

3I

Meelup Regional Park Management Committee

To exercise the powers and discharge the duties of the local government under Section 3.54(1) of the Local Government Act 1995 as they relate specifically to Meelup Regional Park, in accordance with the City's Strategic Plan, Park's management plan and Council's budget.

6F

Busselton Settlement Art Project Steering Committee

To approve the disbursement of funds as approved by the Council in its annual budget for the purpose of raising funds for the project.

7A

Audit Committee

To meet with the auditor on behalf of the local government in accordance with the requirements of Section 7.12A(2).

 

It is noted that the Terms of Reference for the Meelup Regional Park Management Committee are currently being reviewed with the Committee.  It is considered that some potential changes to the delegation may be recommended as a result of this review.  However, in the interim, due to the requirement for this review to be undertaken prior to the end of the financial year, it is recommended that the delegation continues unchanged.

 

The delegations to the CEO under the Cat Act 2011 and the Dog Act 1976 are also recommended to continue unchanged.

 

CA1

Administration of the Cat Act

Authority to exercise the functions in relation to the administration of the Cat Act 2011.

DA1

Appointment of Authorised Persons and Registration Officers

To appoint persons to exercise on behalf of the local government the powers conferred on an authorised person by that Act and to authorise persons to effect the registration of dogs.

 

 

 

 

 

CONCLUSION

 

The existing delegations have served the organisation well and provide a sufficient level of authority to the CEO and Committees to enable timely consideration of day to day local government matters.  It is recommended that all existing delegations are continued, subject to the minor changes recommended.

 

OPTIONS

 

The Council may decide that it requires more or less powers and duties to be delegated to the CEO or Committees, or that it wishes to place additional conditions on any of the delegations.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Any determinations on the delegations will be effective immediately the Council's decision is made.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council, having conducted the statutory annual review of delegations made under the Local Government Act 1995, Cat Act 2011 and Dog Act 1976:

 

1.    delegates to the CEO of the City of Busselton in accordance with Section 5.42(1)(a) and (b) of the Local Government Act 1995 the following powers and duties:

 

3A

Legislative Function

To determine applications received by the City in accordance with a Local Law made by the City of Busselton in accordance with Subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 and to enforce the provisions of those local laws and to otherwise exercise the powers and discharge the duties of the local government under those local laws.

3B

Executive Function

To determine applications received by the City to access, use or otherwise conduct activities on land or property that is owned by or vested with the City of Busselton.

3D

Notices Requiring Things to be Done

To exercise the powers and discharge the duties of the local government under Section 3.25(1), 3.26(2) and 3.26(3) of the Local Government Act 1995.

3E

General Procedure for Entering Property

To authorise persons on behalf of the local government for the purposes of discharging the duties under Section 3.31(2) of the Local Government Act 1995.

3F

Power to Remove and Impound

To authorise employees on behalf of the local government for the purposes of discharging the duties under Section 3.39 and 3.40A(1) of the Local Government Act 1995.

3G

Disposing of Uncollected Goods

To exercise the powers and discharge the duties of the local government under Section 3.47(2) and 3.47(2a) of the Local Government Act 1995.

3H

Thoroughfare Closure

To exercise the powers and discharge the duties of the local government under Section 3.50(1), 3.50(1a), 3.50(4), 3.50(6) and 3.50A of the Local Government Act 1995 and regulation 6(3) of the Local Government (Functions and General) Regulations 1996.

3J

Inviting Tenders and Choice of Tender

To exercise the powers and discharge the duties of the local government under Regulation 14 of the Local Government (Functions and General) Regulations to publicly invite tenders by determining the written criteria for deciding which tender should be accepted.

To exercise the powers and discharge the duties of the local government under Regulation 18 of the Local Government (Functions and General) Regulations relating to Choice of Tender.

Conditions

The delegation is subject to:

a)         Utilising the standard selection criteria as per Policy 031;

b)        Following the City’s operational practice utilising tender evaluation processes and documentation developed by WALGA;

c)         Compliance with the requirements of the City’s Purchasing Policy as it relates to tendering; and

d)        Acceptance of a tender is not to exceed a contract value of $350,000.

3K

Acquiring and Disposing of Property

To exercise the powers and discharge the duties of the local government under Sections 3.58(2) and 3.58(3) of the Local Government Act 1995, and further to acquire property on the local government's behalf. 

Conditions

The value of the property shall not exceed $100,000 in accordance with Section 5.43(d) of the Local Government Act 1995.

5A

Provision of Urgent Legal Services

To provide authorisation in accordance with Council policy "Legal Representation for Council members and employees" for urgent legal services to a maximum of $10,000. 

Conditions

The determination must be made in accordance with the provisions of the Council policy "Legal Representation for Council members and employees".

5B

Directions Regarding Unauthorised Development

To give directions in relation to unauthorised development and to authorise any action available to the responsible authority under the Planning and Development Act 2005 incidental to such written direction. 

6A

Payments from Municipal Fund

To exercise the powers and discharge the duties of the local government in accordance with regulation 12 of the Local Government (Financial Management) Regulations 1996, in relation to Section 6.10 of the Local Government Act 1995.

6B

Power to Defer, Grant Discounts, Waive or Write Off Debts

To exercise the powers and discharge the duties of the local government under Sections 6.12(1)(b), 6.12(1)(c) and 6.12(3) of the Local Government Act 1995.

Conditions

Any waiver or granting of a concession shall only be for up to $2000 and considered solely on its merits; and any debt write off approved shall be less than $1000 if it is more than 12 months old or less than $200 if it is between 90 days and 12 months old.

6C

Rates and Service Charges

To exercise the powers and discharge the duties of the local government under Section 6.49, 6.50(1), 6.50(2), 6.56(1), 6.60(2), 6.60(3), 6.60(4), 6.64(1), 6.64(3), 6.71(1), 6.74(1), 6.76(4), 6.76(5), schedule 6.2 clause 1(1) and schedule 6.3 clauses 1(4) and 4(1) of the Local Government Act 1995.

Conditions

The delegation shall be exercised within the limitations identified in delegation LGA 3K regarding the value of property.

6D

Investment

To invest surplus funds in accordance with the Direct Investments section of the Council's investment policy. 

Conditions

Council approval is required for any investment in Managed Investments.

6E

Payments from Sponsorship and Donations Fund

To determine the allocation of donations and sponsorships from the fund established for this purpose in accordance with the Council's tiered funding scheme.

Conditions

Individual payments from this fund are not to exceed $1,000 unless consultation with the Finance Committee has first occurred.

9A

Appointment of Authorised Persons

To authorise persons, or classes of persons, on behalf of the local government for the purposes of performing particular functions in accordance with Section 9.10(1) and 9.10(2) of the Local Government Act 1995.

9B

Authorising Common Seal

To authorise the affixing of the Common Seal of the City to a document that needs the City's Common Seal to be legally effective and that is in one or more of the following categories -

1.            documents required to satisfy conditions of subdivision and/or development approval;

2.            documents required to effect the transfer of land as part of a settlement transaction (sale and purchase);

3.            documents required to secure the repayment of a loan granted by the City, a loan granted to the City by a third party and/or to secure the pre-funding of infrastructure works by the City;

4.            documents required to effect the grant of leasehold interests in the land either by the City to a third party, or by a third party to the City;

5.            documents required to effect the grant of a licence either by the City to a third party, or by a third party to the City;

6.            documents required to effect the subdivision of land, including the strata titling of land;

7.            documents which are capable of registration and/or lodgement at Landgate (WA Land Titles office); and

8.            documents that are necessary or appropriate to enable a CEO to carry out his functions under any written law.


Conditions

The document must not be inconsistent with a Council policy or resolution.  While the CEO can authorise the affixing of the Common Seal to a document as classified, it is noted that it is also necessary for the document to be signed by both the Mayor and the CEO (or a senior employee authorised by the CEO).

10A

Claims Against the Local Government

To consider claims against the local government for damage to property and either accept or deny liability.

Conditions

The claim shall not exceed $500.  Payment up to $500 is able to be made upon receipt of a release form.

 

2.    delegates to the CEO of the City of Busselton in accordance with Section 44 of the Cat Act 2011 the following powers and duties:

 

CA1

Administration of the Cat Act

Authority to exercise the functions in relation to the administration of the Cat Act 2011.

 

3.    delegates to the CEO of the City of Busselton in accordance with Section 10AA(1) of the Dog Act 1976 the following powers and duties:

 

DA1

Appointment of Authorised Persons and Registration Officers

To appoint persons to exercise on behalf of the local government the powers conferred on an authorised person by that Act and to authorise persons to effect the registration of dogs.

 

4.    delegates to Committees in accordance with Section 5.16 of the Local Government Act 1995 the following powers and duties: 

 

3I

Meelup Regional Park Management Committee

To exercise the powers and discharge the duties of the local government under Section 3.54(1) of the Local Government Act 1995 as they relate specifically to Meelup Regional Park, in accordance with the City's Strategic Plan, Park's management plan and Council's budget.

Conditions

Normal maintenance and servicing (eg. building maintenance and operations, maintenance of grassed areas and surrounds, rubbish removal, etc) of the coastal foreshore recreation areas at the localities of Eagle Bay, Meelup Beach and Castle Rock are to be undertaken by the City; and all law enforcement (eg bush fire control, litter control, etc) is to be exercised by the City's Ranger and Fire Services.

6F

Busselton Settlement Art Project Steering Committee

To approve the disbursement of funds as approved by the Council in its annual budget for the purpose of raising funds for the project.

Conditions

The budget provided by the Council is to be used for fundraising events and initiatives, including the marketing and promotion of such events and initiatives.

7A

Audit Committee

To meet with the auditor on behalf of the local government in accordance with the requirements of Section 7.12A(2) of the Local Government Act 1995.

 

 

 

 

 


Council

51

10 June 2015

10.3

Attachment a

Existing Delegations with Minor Changes Proposed (3J and 6E)

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      115                                                                    10 June 2015

11.             Planning and Development Services Report

11.1           PROPOSED SINGLE HOUSE WITHIN SPECIAL CHARACTER AREA - LOTS 311 AND 312 WARDANUP CRESCENT, YALLINGUP

SUBJECT INDEX:

DA15/0116

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    Development Plans

Attachment c    Schedule of Submissions

Attachment d   Photo Montage  

  

 

PRÉCIS

 

The Council is asked to consider an application seeking approval for a Single House on Lots 311 and 312 Wardanup Crescent, Yallingup (“the site”).

 

The planning proposal has been placed before Council due to the scale of the proposed development and its prominence.

 

It is considered that the proposal is consistent with the relevant planning framework and is recommended for approval subject to conditions.

 

 

BACKGROUND

 

The City received an application (DA15/0116) for a Single House within a Special Character Area; Lots 311 and 312 Wardanup Crescent, Yallingup see Attachment A. The application for planning consent was referred to adjoining neighbouring properties, and the application as advertised is provided at Attachment B.

 

The proposal comprises of a Single House that extends over two lots within the Yallingup Special Character Area, the combined lot area is 2126 sqm.  The site is situated on Wardanup Crescent, just east of the Valley Road ‘Ghost Trail’.  The south-west boundary comprises of a Tourist Zoned lot that has been developed for short-stay, single storey tourist units (Lot 1) and to the north-east comprises of two, two-storey dwellings. 

 

The subject land is characterised by a steep slope (approximately 7m high) between the area along its north-east and south-west boundaries. A near vertical 3m high limestone block wall is located along the north-east boundary where the site fronts Wardanup Crescent and then the land slopes steeply up from the top of the wall to the level surface of the site above. The remainder of the slope along the south-west boundary is retained by a slightly higher and battered retaining wall which has been constructed with mortared laterite rock.  The retaining wall will need to be reinforced to accommodate the proposed house; this is discussed in more detail in the officer comments section.

 

A bituminised access road which services the adjoining land to the south-west (Lot 1) is located at the base of the retained slope, the short-stay units utilise the driveway for shared access.  While the driveway is actually contained within the area of the site (refer Attachment A) an easement on Title to the benefit of the residents of Lot 1 provides legal right of carriageway over both Lots 311 & 312.

Finally, another vertical limestone wall approximately 3.5m in height is located on the other side of the property along its north-east boundary which acts as retention for the two existing dwellings on the adjoining land to the north-east.

 

The proposed building is designed to maximise the change in levels across the site, the proposed house will be split level and two storeys.  The proposed house even with the proposed retaining walls would not exceed the 10m height control in Yallingup.

 

The application was referred to neighbouring properties for comment; four responses have been received.  The main concerns that have been raised relate to the stability of the existing retaining wall, overshadowing and the overlooking of neighbouring properties.

 

STATUTORY ENVIRONMENT

 

The key statutory environment in terms of the planning decision is set out in the City of Busselton Local Planning Scheme No. 21 (‘the Scheme’).  The property is zoned ‘Residential and located within an area identified as ‘Landscape Value’ and ‘Yallingup Special Character Area’. 

 

The Landscape Value Area provisions of the Scheme are set out at Clause 6.4. The relevant provisions include that:

 

“The local government shall not grant planning approval for the clearing or development of any land identified within a Landscape Value area on the Scheme map unless it has considered:

 

(a)          Whether the development will be compatible with the maintenance and enhancement, as far as is practicable, of the existing rural and scenic character of the locality;

(b)          Whether the development will materially affect any wildlife refuge, significant wetland, coastal environment  or any identified site containing Aboriginal archaeological relics and;

(c)           Disturbance to the natural environment, including:

i)             Visual effects of clearing for development;

ii)            Maintenance of rural character; and

iii)           Habitat disturbance”.

 

Before granting planning approval for the erection of a building on land within the Landscape Value area, the local government shall make an assessment as to whether it should impose conditions relating –

 

a)            The siting of the proposed building;

b)            The use of prescribed materials on the external surfaces of the building; and

c)            The number type, and location of existing trees and shrubs which are to be retained and the extent of landscaping to be carried out on the site.

 

Part 6.7 of the Scheme deals with Special Character Areas, the provisions state:

 

6.7.1.     The local government may devise development objectives, provisions and/or controls to reinforce, retain or change the characteristics, form and nature of a designated Special Character area, with such objectives, provisions and/or controls being specified in Schedule 4.

 

6.7.2      Where such objectives, provisions and/or controls are specified in Schedule 4 in relation to a designated Special Character area, those objectives, provisions and/or controls act in conjunction with the other provisions of this Scheme relevant to that area with the exception that the provisions of Schedule 4 will take precedence over any other provisions of this Scheme.

 

In determining all applications for planning approval, the City must also consider the ‘Matters to be Considered’ set out at Clause 11.2 of the Scheme, some of the most relevant in this context are as follows –

 

(i)           the compatibility of a use or development with its setting;

 

(j)           any social issues that have an effect on the amenity of the locality;

 

(l)           the likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

 

(m)         whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

 

(n)          the preservation of the amenity of the locality;

 

(o)          the relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

 

(v)          whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

 

(w)         whether the proposal is likely to cause soil erosion or land degradation;

 

(z)           any relevant submissions received on the application;

 

RELEVANT PLANS AND POLICIES

 

Local Planning Policy No.3 – Special Character Areas and Visual Management Policy

 

‘Clause 4.4.2 – Development Controls

 

·    A height limit of 10 metres measured vertically from natural ground level at any point of a building is applied to the Area.  The maximum height of the house is 8 metres measured from natural ground level.

 

·    Buildings shall have an appearance of lightweight construction and fit with the site topography which will normally require the use of stumped construction. -  Due to the amount of retaining that is required, it would be difficult to design a dwelling that appeared lightweight.  The applicant is proposed to amend the retaining wall, this will enable significant landscaping to be carried out.  Once this has become established, it will soften the visual impact of the proposed development.

 

·    Site coverage should be no more than 40% of the lot area and where possible remnant vegetation should be used to reduce the visual mass / bulk of dwellings. – In light of two lots being amalgamated the proposed site coverage would be 25.81%.

 

·    Building style shall be reflective of, and sensitive to, the context of existing residential character through the use of prominent windows, lightweight and prominent balconies, relatively steep and multi- pitched roofs. Skillion roof styles, which may reflect an emerging coastal architecture, will be considered on their merit in the context of the site, the streetscape, the building’s elevation and position within the lot and the degree to which the design meets the intent and provisions of the policy – The character of Yallingup has changed in recent years; the majority of dwellings that have been constructed recently are large singles houses but are no longer of lightweight construction with multi-pitched roofs.  Rather a variety of architecture comprising of flat roofed and innovative designs.

 

Clause 4.5.2       

 

·    Minimum separation between buildings, regardless of front and rear setback, to be four (4) metres. - There is a 4 metre separation to all neighbouring properties.

 

·    The front setback to be a minimum of 7.5 metres, consistent with adjoining residences, or sufficient to maintain any remnant vegetation, whichever is the greater’ – Due to the orientation of the building a corner of the lower ground floor would be 0.5 metres within the 7.5m front setback, the remainder of the dwelling would comply with this requirement.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the planning decision.

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation in this report reflects Community Objective 2.2 of the City’s Strategic Community Plan 2013 – ‘A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.’

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework.  The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks as well.  Risks are only identified in Council reports where the residual risk, once controls are identified, is ‘medium’ or greater.  No such risks have been identified.

 

CONSULTATION

 

The planning application was referred to adjoining neighbouring properties and the comments received are outlined in the schedule of Submission at Attachment C

 

OFFICER COMMENT

 

The key questions requiring consideration in determining the development application are seen as being:

1.    The stability of the retaining wall and access during construction;

2.    Overshadowing and potential overlooking of neighbouring properties;

3.    Impact on the Special Character Area

 

Retaining wall and driveway

 

Retaining wall

 

In light of the concerns that have been received, the applicant commissioned a geotechnical report which has been submitted.   The report states that the site is deemed to be capable of supporting the proposed development, subject to appropriate foundation methods being implemented. Given the depth and the expected extent of the uncontrolled fill containing zones of loose sand present across the site, shallow foundations are not considered suitable to support the proposed loading.

 

It is therefore proposed the building be supported on piles founded into the underlying rock and use of bored piles (with rock auger), micropiles (cased with a down-the-hole hammer) or similar in relation to the cantilevered section over the south-western slope. Further detail regarding foundation methods will be provided as part of the certified detailed design documentation to be provided to the City at the building permit stage.

 

The remediation of the retaining wall is essential and it is proposed such work be carried out via the construction of a soil nailed wall. This exercise is described by the geotechnical report and would not require removal of the rock lining.  However it would require remediation of the mortared laterite rock lining including backfilling of holes.  Where the lining is undermined, missing rocks will need to be replaced and reinforced with ‘shotcrete’ facing (about 150 mm thick) over the face of the mortared laterite rock lining. Finally installation of 10m to 12m long soil nails at about 2m centres vertically and horizontally (subject to detailed design) will be inserted into the wall.

 

The proposed work to the retaining wall towards the front of the site (along the south-east boundary) will be different; it is proposed to retain the wall with a terraced retaining wall structure as shown on the proposed development plans. This proposed method will present a more gradual incline from the crest of the site to the road and provide opportunity for appropriate landscaping to be implemented.

 

Driveway

 

Access to adjoining Lot 1 is currently obtained by a 3m wide sealed driveway, the western portion of the driveway (approximately 95m2) is almost completely located within Lot 311 and a portion of it (24m2) also protrudes into Lot 312 at the base of the existing retaining wall on the south-west slope.

 

To this end the residents of Lot 1 use the driveway for access to their respective units and there is an easement in place which provides a right of carriage way benefit in favour of the residents to Lot 1.

 

In this regard the proposal does not seek to utilise any existing portion of the site currently used by the driveway for Lot 1, nor does the landowner intend to rescind or modify the current easement at the time of amalgamation. However due to the required excavation and construction works associated with retaining Slopes 1 & 2 as part of the proposal, it will be necessary for the applicant to use the driveway for access and therefore some restriction to use of the driveway by the residents of Lot 1 for vehicle access may apply for a short period. In addition if any damage to the driveway is sustained during the construction period the landowner commits to reinstate any portion of the driveway that is damaged at no cost to the residents of Lot 1.

 

With respect to the cantilevered sections of the proposal, no part of the dwelling will overhang the existing driveway area. 

 

 

 

 

Overshadowing and loss of Privacy

 

A number of concerns have been raised that the proposed house would result in overlooking of neighbouring properties to the south-east.  The proposed house is designed to maximise views of the bushland and the ocean; as a result a number of windows, balconies and swimming pool are proposed within the elevation facing these units.  The access road to the short stay accommodation units separates them from the application site and three of the units have car ports situated at the front serviced by this road.  Due to the significant level differences, the proposed house would look over the roofs of the units and if there was any overlooking it would be onto the front elevations, access road and car ports.   Furthermore, the visual privacy requirements of the R-Codes apply to adjoining sites only where that land is zoned to allow for residential development.  The definition of residential development states ‘development of permanent accommodation for people’. 

 

Notwithstanding the above, the communal driveway would be considered a street under the R-Codes; the R-codes make it clear that the front setback to a street will not be taken into consideration when assessing overlooking, as it is not considered to be private space.  A photo montage has been submitted outlining the impact on these units, refer to Attachment D.

 

With regard to overshadowing, due to the level differences and the proposed cantilevered design the proposed house will change the current outlook from Lot 1.  There is a minimum separation of 13 metres from the proposed house and the closest point of the short-stay accommodation units, the overshadowing of the site would comply with the 12.5% requirements as set out in the R-Codes.

 

Impact on the Special Character Area

 

The character of Yallingup has changed in recent years; the majority of dwellings that have been constructed recently are large singles houses but are no longer of lightweight construction with multi-pitched roofs.  Rather a variety of architecture comprising of flat roofed and innovative designs.  

 

It is considered that the proposed house will definitely appear larger than most within the surrounding area; however it is considered that the proposal would not result in a detrimental impact on the character of the area.

 

CONCLUSION

 

Following a detailed assessment of the proposal against the scheme and relevant policy, it is considered that the proposal is acceptable subject to conditions. 

 

OPTIONS

 

The Council could:

 

1.    Refuse the proposal, setting out reasons for doing so.

2.    Apply additional or different conditions.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The applicant will be advised of the Council decision within two weeks of the Council meeting.

 

 

 

 

OFFICER RECOMMENDATION

 

That the Council resolve:

1.    That application DA15/0116 submitted for development of a Single House on Lots 311 and 312, Wardanup Crescent, Yallingup is considered by Council to be consistent with Local Planning Scheme No.21 and the objectives and policies of the zone within which it is located.

2.    That Planning Consent be granted for the proposal referred in 1. above, subject to the following conditions:

General conditions:

a)      The development hereby approved shall be substantially commenced within two years of the date of this decision notice.

b)     The development hereby approved shall be undertaken in accordance with the signed and stamped, Approved Development Plan(s) (enclosed), including any notes placed thereon in red by the City, and except as may be modified by the following conditions.

Conditions to be met prior to commencement of any works:

c)      The development hereby approved, or any works required to implement the        development, shall not commence until the following plans or details have been                submitted and have been approved in writing:

 

i)       Details of type and colour of all external materials to be used;

ii)      Details of the retaining wall;

iii)     A Construction Management Plan;

iv)     A Landscape Plan, which shall incorporate landscaping of the retaining wall and verge;

v)      A copy of the Certificate of Title or other suitable evidence that the lots have been amalgamated.

vi)     Details of effluent disposal, stormwater and surface water drainage works. Stormwater to be retained for use and/or infiltration within the site at a rate of 1m3 per 65m2 of impervious area.

 

Conditions to be met prior to occupation/use of the development:

d)     Prior to occupation or use of the development, the following is occur to the satisfaction of the City:

i)       All works and actions required pursuant to conditions (b) and (c) are to be completed.

Conditions to be met on an ongoing basis:

e)     The following conditions are to be met on an ongoing basis to the satisfaction of the City, for the life of the development:

i)       All works and actions required by conditions (b), (c) and (d) are to be maintained.

 

 


Council

121

10 June 2015

11.1

Attachment a

Location Plan

 

 

ImageProxy.ashx?imageUrl=http%3a%2f%2fBSNSPATIAL%2fIntraMaps70%2fSpatialEngineWS2%2fPrintMap

COB-RGB

Disclaimer: Every effort has been made to make the information displayed here as accurate as possible.  This process is ongoing and the information is therefore ever changing and can not be disseminated as accurate.  Care must be taken not to use this information as correct or legally binding.  To verify information contact the City of Busselton office.

 

Produced on:
Wednesday, 20 May 2015

north

Map Scale:
1:653

 


Council

123

10 June 2015

11.1

Attachment b

Development Plans

 


 


 


 


 


 


 


 


 


 


 


Council

135

10 June 2015

11.1

Attachment c

Schedule of Submissions

 

 

App.

No

ADDRESS

NAME

Nature of Submission

Comment

1

4/1 Wardanup Crescent Yallingup

John and Carol Dominish

1.   Overshadowing, in particular morning sun;

2.   Details of the retaining wall and how this will be fixed;

3.   Plans are inadequate in respect of confirming the impact on neighbouring properties.

4.   It is unclear where their boundary finishes, will the grouped dwellings driveway be lost?

5.   There entertaining area looks over our unit (being unit 4) and the unit in front (being unit 3) therefore I feel we will have noise issues as well as lighting as it is there balcony looking over us and there is a very large pool which will have alot of lighting.

6.   Noise and disturbance to neighbouring properties during construction;

7.   Will they be using our drive for their trucks?

8.   I worry after having cracking from the first 2 houses built on the block that the next one to be built is going to impact majorly on our properties.

1. The overshadowing complies with the R-Codes.

2. The retaining wall will be engineered and reinforced, condition imposed.

3.  Additional plans are shown in Appendix D, the proposal complies with the R-Codes;

4.  The boundary finishes in the middle of the driveway; this will not be lost and made good if required.

5 and 6. The proposal has a minimum separation of 13m between the neighbouring properties, it is considered that the proposed dwelling would not result in noise and disturbance.

7. It will be necessary to use the driveway, some restrictions may apply for a short period.

8. The house will be engineered and require significant retaining, this is a private matter between the two parties.

2

3/1 Wardanup Crescent

Yallingup

David and Judith Barge

1.   Structural stability of the existing rock wall between the proposed house and our property.

2.   Potential damage to our property from vibration during construction.

3.   Loss of privacy due to the close proximity of the proposed house, in particular the terrace outside the guest house.

1. The retaining wall will be engineered and reinforced, condition imposed.

2.  The house will be engineered and require significant retaining, this is a private matter between the two parties.

3. Any overlooking complies with the visual privacy requirement of the R-Codes.

3

2/1 Wardanup Crescent

Yallingup

Gordon and Sally Hay

1.  Height above the 10m height restriction;

2.  Loss of privacy;

3.  Loss of morning sunlight/overshadowing;

4.  Structural integrity of the coffee rock retaining wall.

1.  The maximum height is 8m.

2.  Any overlooking complies with the visual privacy requirement of the R-Codes.

3. The overshadowing complies with the R-Codes.

4. The retaining wall will be engineered and reinforced, condition imposed.

4

3/1 Wardanup Crescent, Yallingup

Fred Harris

1.   Overshadowing and loss of privacy;

2.   There is a driveway easement for the adjoining properties, where does the 2 metre side setback to these properties start?

3.   Noise and disturbance from the balconies

4.   Stormwater treatment and run-off to neighbouring properties;

5.   Other dwellings have been constructed respecting the neighbours privacy;

6.   Design appears overwhelming;

7.   The dwelling appears to be overheight;

8.   Does the proposal confirm to building regulations?

1. Any overlooking/overshadowing complies with the visual privacy requirement of the R-Codes.

2. The setback starts from the property boundary, which includes the driveway.

3.  The proposal has a minimum separation of 13m between the neighbouring properties, it is considered that the proposed dwelling would not result in an unacceptable noise and disturbance.

4. Stormwater will be conditioned and required to be retained on site.

5.  Any overlooking complies with the visual privacy requirement of the R-Codes.

6. The proposed design complies with the Yallingup Special Character Area.

7. The maximum height if 8m.

8. The dwelling will be required to comply with Building regulations.

 


Council

137

10 June 2015

11.1

Attachment d

Photo Montage

 


 


 


 

 


Council                                                                                      141                                                                    10 June 2015

12.             Engineering and Work Services Report

Nil

13.             Community and Commercial Services Report

Nil


Council                                                                                      143                                                                    10 June 2015

14.             Finance and Corporate Services Report

14.1           CITY OF BUSSELTON DOGS AMENDMENT LOCAL LAW 2015

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed City of Busselton Dogs Amendment Local Law 2015  

  

 

PRÉCIS

 

Following gazettal of the City of Busselton Dogs Local Law 2015 (Dogs Local Law) the Joint Standing Committee on Delegated Legislation (JSC) expressed their concern with the wording of a certain clause of the local law and required amendment of the local law to resolve the issue. Council subsequently resolved to authorise the preparation and advertising of the proposed City of Busselton Dogs Amendment Local Law 2015 (Amendment Local Law). The purpose of this report is for Council to consider submissions received in relation to the proposed Amendment Local Law and to consider whether to make the proposed Amendment Local Law pursuant to Section 3.12 of the Local Government Act 1995 (the Act).

 

It is recommended that Council resolve to make the proposed Amendment Local Law.

 

 

BACKGROUND

 

On 12 November 2014 the Council resolved to make the Dogs Local Law which was subsequently gazetted on 24 November 2014 and came into operation 14 days after its publication in the Government Gazette.

 

The JSC, which is a committee of state politicians from both houses of the Western Australian Parliament, has delegation from Parliament to scrutinize and recommend the disallowance of local laws to the Parliament of Western Australia.  Under the above mentioned delegation, the JSC reviewed the Dogs Local Law following gazettal thereof and advised the City that, the current wording of clause 3.1(1)(c) of the local law potentially modifies the rules of fairness and could lead to an unreasonable outcome and therefore causes it to fall outside the empowering enactment.  As a solution the JSC proposed that Council amend this clause in the manner of the text underlined below:

 

(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined), and is fitted with a proper latch or other means of fastening it;

 

 

Further background in relation to the JSC’s concerns and subsequent undertakings provided by Council were outlined in the previous report to Council. As a consequence Council resolved at its meeting on 25 February 2015 as follows:

 

 

 

That the Council:

 

1      Provides, in relation to the City of Busselton Dogs Local Law 2014, the following undertakings to the Joint Standing Committee on Delegated Legislation:

 

a)            To amend within 6 months from this resolution clause 3.1(1)(c) to read as follows:

 

“(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined), and is fitted with a proper latch or other means of fastening it;”

 

b)            Not enforce the above clause in a manner contrary to the undertaking;

 

c)             Make any consequential amendments arising from the undertaking; and

 

d)            Where the Local Law is made publicly available, whether in hard copy or electronic form that the law be accompanied by a copy of these undertakings.

 

2      Commences the law‐making process for amending the City of Busselton Dogs Local Law 2014, the purpose and effect of the local law being as follows:

 

Purpose: To amend clause 3.1(1)(c) of the City of Busselton Dogs Local Law 2014 to clarify the

intended operation of the clause.

 

Effect: To ensure that the wording of clause 3.1(1)(c) of the City of Busselton Dogs Local

Law 2014 operates fairly as intended and as such achieve consistency with the

empowering legislation under which the local law is made.

 

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

 

a)            giving Statewide public notice and local public notice of the proposed amendment of the Local Law; and

 

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

 

4    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 of the Local Law to enable the Council to consider the submissions made and to determine whether to make an amendment local law in accordance with section 3.12(4) of the Act.

 

Pursuant to abovementioned Council resolution the City provided the requested undertakings to the JSC, gave statewide and local public notice of the proposed Amendment Local Law and provided the Minister for Local Government and Communities (Minister) with a copy of the public notice and proposed Amendment Local Law.

 

In following the process under section 3.12 of the Act, the proposed Amendment Local Law is now referred to Council for consideration to resolve whether or not to make the proposed Amendment Local Law.

 

STATUTORY ENVIRONMENT

 

The procedure for making an amendment local law is the same as the procedure for making a local law. The procedure for making local laws is set out in section 3.12 of the Act and Regulation 3 of the Local Government (Functions and General) Regulations 1996.

 

In terms of section 3.12(4) of the Act, Council is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was originally proposed. A decision to make a local law has to be supported by an absolute majority of the Council. 

 

If Council resolve to make the proposed Amendment Local Law then the process required under section 3.12(5) and (6) of the Act needs to be carried out.  Section 3.12(5) requires that the local law be published in the Government Gazette and a copy be provided to the Minister.  Section 3.12(6) requires that after the local law has been published in the Government Gazette, the City must give local public notice stating the title of the local law, summarising the purpose and effect of the local law and advising that copies of the local law may be inspected at or obtained from the City offices.

 

In accordance with section 3.14 of the Act the local law will come into operation 14 days after publication in the Government Gazette.

 

RELEVANT PLANS AND POLICIES

 

None

 

FINANCIAL IMPLICATIONS

 

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

 

Long-term Financial Plan Implications

 

Abovementioned expenses will not impact on the City’s Long-term Financial Plan

 

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 Local Law does not involve any significant changes from current practices and is therefore considered low risk with no risks identified as “medium” or greater.

 

CONSULTATION

 

The proposed Amendment Local Law was advertised publicly in both local and state wide newspapers for a minimum of 6 weeks in accordance with the requirements under section 3.12(3)(a) of the Act. No public submissions were received.

 

The proposed Amendment Local Law was also given to the Minister for consideration and comment.  The Department of Local Government and Communities, who responded on behalf of the Minister, did not require any variations or changes to the proposed Amendment Local Law.

 

OFFICER COMMENT

 

While, the intention of the clause 3.1(1)(c) of the Dogs Local Law is clear - to keep dogs confined - the current wording makes it an offence for an owner or occupier to open a gate at any time when a dog is on the premises, including when the owner or occupier temporarily opens a gate to leave his/her yard. The proposed amendment to the Dogs Local Law will remove any potential ambiguity – it will ensure that every gate or door in a fence, where a dog is kept, must be kept closed at all times when the dog is on the premises 'unless the gate is temporarily opened in a manner that ensures that the dog remains confined'. The proposed amendment will also accommodate the JSC’s expressed concerns in relation to the rules of fairness.

 

It is therefore recommended that Council resolve to make the proposed Amendment Local Law.

 

CONCLUSION

 

The proposed Amendment Local Law, which is consistent with the undertakings provided by the City to the JSC, will remove the unintentional but potential unreasonable effect of clause 3.1(1)(c) of the Dogs Local Law.

 

OPTIONS

 

Council may consider referring the proposed Amendment Local Law to the Policy and Legislation Committee for further consideration. However, given the undertakings given to the JSC to effect the proposed amendment and given the matter has previously been considered by Council and obtained unanimous support, it is recommended that Council resolves as per Officer Recommendations 1 & 2 below.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If Council resolve to make the proposed Amendment Local Law, the local law will be gazetted and will come into operation 14 days after publication. The timeframe for completion of the gazettal process is approximately thirty days from the date of the Council resolution.

 

OFFICER RECOMMENDATION

 

That the Council :

 

1.    Resolves to make the City of Busselton Dogs Amendment Local Law 2015 in accordance with section 3.12(4) of the Local Government Act 1995.

 

2.    Authorises the Chief Executive Officer to carry out the processes required to make the City of Busselton Dogs Amendment Local Law 2015 in accordance with section 3.12(5) and section 3.12(6) of the Local Government Act 1995.

 

 


Council

143

10 June 2015

14.1

Attachment a

Proposed City of Busselton Dogs Amendment Local Law 2015

 

 


Council                                                                                      147                                                                    10 June 2015

15.             Chief Executive Officer's Report

15.1           NAMING OF NEW ROADS, BUSSELTON FORESHORE

SUBJECT INDEX:

Busselton Foreshore

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Major Projects

ACTIVITY UNIT:

Major Projects

REPORTING OFFICER:

Major Projects Officer - Mersina Robinson

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Attachment A: Proposed New Roads, Busselton Foreshore

Attachment b    Attachment B Schedule of Submissions  

  

 

PRÉCIS

 

In February 2015 Council resolved to conduct a public competition to name two proposed thoroughfares in the new foreshore development; and a judging panel be formed to consider the submissions.

 

Following advertising of proposed names for the two unnamed thoroughfares, four submissions were received.  All four submissions supported the name for Road 1 “Foreshore Parade”.  In regard to Road 2, alternative names proposed were: “Jetty Lane”, “Stanley Street” and “Nautical Way”.

 

The Panel proposes that Council adopt the names Road 1 – Foreshore Parade and Road 2 – Jetty Way

for the two unnamed thoroughfares, and that they be referred to the Geographic Names Committee for approval. 

 

 

BACKGROUND

 

On 25 February 2015 Council resolved to conduct a public competition to name two of the proposed thoroughfares in the new foreshore development; and that a judging panel be formed to consider the submissions.

 

A judging panel was formed comprising two representatives from the City of Busselton Council, the Busselton Jetty Environment Conservation Association, the Geographe Bay Tourism Association and the community. At a meeting the Group agreed on putting forward the following road names with an option to suggest alternatives:

 

Road 1 – Foreshore Parade;

Road 2 – Jetty Way.

 

On 27 March 2015 an invitation to submit nominations for naming of the two thoroughfares was advertised in the Council for the Community (Busselton-Dunsborough Times).   The submission period was for 14 days from 27 March until 10 April 2015.   A total of four submissions were received (refer Attachment B).  All four submissions were in support of the proposed name for Road 1.

 

Alternative names suggested for Road 2 were:

 

-      Jetty Lane;

-      Stanley Street; and

-      Nautical Way.

STATUTORY ENVIRONMENT

 

The legislation that impacts on Geographic Names is the Land Administration Act 1997, Part 2 – General Administration and Division 3 General.

 

District Town Planning Scheme No. 20

 

The subject land is zoned ‘Special Purpose (Busselton Foreshore)’ and comprises Special Provision Area No. 44, which sets out detailed planning matters that are to be addressed through the preparation of a DGP.  The Special Purpose zone provides for land uses which do not easily fit within the scope of other zones. The Special Purpose zone was introduced to facilitate the Busselton Foreshore redevelopment. The DGP has been adopted by the Council in accordance with the provisions of Clause 25 of the Scheme, which includes advertising, consideration of submissions and final approval/determination by the City and the WAPC.  The DGP was endorsed by the WAPC on 7 November 2014.   

 

Land Administration Act 1997

 

In addition to town planning considerations, land tenure considerations are also relevant subject to the Land Administration Act 1997 (LAA). The LAA is administered by the Minister for Regional Development and Lands in his statutory role as Minister for Lands, with advice provided by the Department of Lands. Further control on the use of the reserve is protected by the Management Order conditions which may range from specific land management restrictions to the granting to the management body of the power to lease.

 

Rationalisation of the existing reserves on the site was approved by Parliament in November 2012 subject to the following conditions:

 

-     Finalisation of the proposed rezoning of the site (Amendment No.173) bound by West Street, Marine Terrace, Brown Street extension and the coast;

-     City adoption and WAPC endorsement of a Development Guide Plan for the rezoned site; and

-     Finalisation of an agreement to the satisfaction of the Minister for Lands for the relocation of the tennis club facilities from Reserve 28535, including the right for the tennis club to continue to operate in its present location until relocation has been achieved.

 

RELEVANT PLANS AND POLICIES

 

The key policies relevant to the proposal are the Geographic Names Committee Policies and Standards for Geographical Naming in Western Australia (Landgate, April 2013).

 

FINANCIAL IMPLICATIONS

 

If the City does not proceed with the finalisation of road names, this will result in additional costs to the processing of the cadastral survey. 

 

Long-term Financial Plan Implications

 

Nil.

 

 

 

 

 

STRATEGIC COMMUNITY OBJECTIVES

 

The revised BFMP is considered consistent with the City’s Strategic Community Plan 2013 which identifies the following community objectives especially relevant to the Busselton Foreshore Redevelopment:

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

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. There are no significant risks identified.

 

CONSULTATION

 

It should be noted that there is no requirement for the City to seek public comment for this type of proposal.  Consultation undertaken is outlined under “Background”.

 

OFFICER COMMENT

 

Two submitters suggested Jetty Lane instead of Jetty Way.  A “Lane” is described in the Geographic Names Committee Guidelines as “a narrow way between walls, buildings etc a narrow country or city roadway”. A “Way is defined as an accessway between two streets. As the road leading to the jetty is planned to be more open with both landscaping and buildings on either side, “Way” is preferred to “Lane”.

 

Stanley Street was suggested by submitter 2 because it is a continuation of the existing (Stanley) Street. The submitter suggested there are some roads/streets with 2 names which only causes confusion to new residents and tourists e.g. Hester St/Milward St.

 

Nautical Way was suggested by submitter 3 as a way to appease those that want to retain the building to be demolished. As a nautical mile is 1852 metres, it was suggested the distance from this road to the end of the jetty would be very similar.

 

Road 2 leads to the key points of interest on the Busselton Foreshore i.e. the Jetty, beach, Railway House, public open space, proposed commercial establishments (Family Restaurant/Microbrewery). It also provides the connection from Marine Terrace to Road 1. Hence it is considered more consistent with the road type definition of “Way” than “Lane”. Other possible options include: “Approach” or “Entrance”.

 

An “Approach” is described as a roadway leading to an area of community interest i.e, public open space, commercial area, beach etc.  An “Entrance” is described as a roadway connecting other roads. 

 

Whilst Road 2 could be seen as an extension to Stanley Street, the new road is clearly one of two (along with Queen Street) major entry roads to the foreshore development, and the foreshore development will be announced with signage at appropriate locations, further emphasising the entry to the foreshore.

 

Nautical Way is a possible option. However the road leads to the Jetty which is the more significant landmark or feature of the foreshore.

 

In putting forward appropriate road names, the judging panel has given consideration to Geographic Names Committee Policies and Standards for Geographical Naming in Western Australia (Landgate, April 2013). Specifically, Section 3, Clause 3.1.3 states names should be easy to pronounce, spell and write.  They shall not exceed two (2) words including the road type for roads.  Names used for roads and localities should be short. Section 8, Clause 8.3.1 Road Name Elements which states that every road name shall consist of a single name element followed by a road type, e.g. Smith Road, Jones Street etc not Black Swan Drive, Jon Smith Avenue.  

 

Advice from the Team Leader, Geographic Names (Landgate) is that “Foreshore, as a road name is suitable, with any of the proposed road types (Avenue, Boulevard, Esplanade, Drive, Parade or Promenade).  However Foreshore as a road name can be misconstrued as it is also a type of topographic feature is it best suited to be utilised in the name of a park/public open space etc.” Jetty as a road name is suitable, however Busselton Jetty is not for the same reasons as stated above.

 

The judging panel and officers consider the proposed road names to be consistent with the Geographic Names Committee Policies and Standards for Geographical Naming in Western Australia objectives of local and State policy.  Therefore, it is recommended Council adopt the proposed road names for approval.

 

Road 1 – Foreshore Parade;

Road 2 – Jetty Way.

 

CONCLUSION

 

Officers are recommending that Council adopt the proposed road name for Roads 1 and 2 on the Busselton Foreshore as:

Road 1 – Foreshore Parade;

Road 2 – Jetty Way.

 

OPTIONS

 

Should the Officer Recommendation not be supported, other names considered but not recommended to be put forward to Landgate for consideration could be preferred, ie Jetty Approach, however, the assessment did not reveal any substantive issue or reasonable grounds that would support other options.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the Officer Recommendation will occur within one month of the date of the Council decision.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.         1.            Approve the following road names on the Busselton Foreshore:

                Road 1 – Foreshore Parade;

                Road 2 – Jetty Way.

 

2.            Refer the proposed names to Landgate’s Geographic Names Committee for approval.

 

 

 


Council

151

10 June 2015

15.1

Attachment a

Attachment A: Proposed New Roads, Busselton Foreshore

 

 

 



Council

153

10 June 2015

15.1

Attachment b

Attachment B Schedule of Submissions

 


 


Council                                                                                      155                                                                    10 June 2015

15.2           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 May, 2015

Attachment b    Planning Applications Determined Between 1 and 15 May, 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

15.2.1    Gail Kearney Memorial Hospice Golf Day – Letter of Thanks

 

Correspondence has been received from Jan Honey on behalf of Harcourt's BusseIton and Cape to Cape Financial Service:

 

 “On behalf of BusseIton Hospice, Harcourt's Real Estate and Cape to Cape Financial Services we would like to thank you for your kind donations and your ongoing support.

 

 We raised over $31,500 this year and we could not achieve this without your continued support. This is the 12th year we have held this event and with this year's donations we have raised over $370,000.00.

 

Once again a BIG THANK YOU for your support and we hope you can donate again in 2016.”

15.2.2    Regional Development Australia Network Newsletter

 

A copy of the Regional Development Australia Network Newsletter has been received which was collaborated by the nine RDA committees in Western Australia to promote the activities facilitated throughout 2015. The newsletter is available to be viewed in the Councilors’ office. 

15.2.3    Planning & Development Services Statistics

 

Planning Applications

 

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

 

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

15.2.4    RAC Cycling Survey 2015

 

A Copy of the 2015 RAC Cycling Survey paper has been received. The survey received a total of 5,657 responses from cyclists and non-cyclists from across WA. The survey is available to be viewed in the Councillors’ office.

15.2.5    Current Active Tenders (19/05/15)

 

RFT25/14            Busselton Foreshore Development – Lighting and Small Power:

 

The City of Busselton invited tenders for the design, supply and installation of electrical lighting and small power for the Busselton Foreshore. The Tender was advertised on 22 November 2014 and, due to changes to the design/workscope, only closed on 31 March 2015. The City received one (1) submission and the contract was awarded under CEO delegation on 6 May 2015 for the sum of $247,161.20. The works commenced on 11 May 2015 and estimated date for practical completion is on by the end of November 2015. 

 

RFT02/15             Cell 1 Bulk Earth Works:

 

The City of Busselton invited tenders to undertake the bulk earthworks for Cell 1 of the new waste landfill site at the existing Dunsborough Waste Facility. The tender was advertised on 21 February 2015 and closed on 13 March 2015. Seventeen (17) submissions were received. The contract was awarded to Leeuwin Civil in the Council meeting on 13 May 2015 for the sum of $474,253.28 (excluding GST) subject to the receipt of works approval from the Department of Environment and Regulation.  Works are expected to commence on 8 June 2015 with the estimated date for practical completion being 31 August 2015.  

 

RFT03/15             Busselton Foreshore – Pump Station, Tank and Iron Filter Construction:

 

The City of Busselton invited tenders for the construction of a new pump station, storage tank, iron filter and associated electrical connections. The tender was advertised on 21/22 March 2015 in the West Australian and on 27 March 2015 in the Busselton Dunsborough Times and closed on 14 April 2015. Eight (8) submissions were received. The submissions have been evaluated and a preferred tenderer has been selected.  At this stage, Engineering Works and Services (EWS) have decided to defer the project, as preferred tenderer’s contract price exceeds the project’s budget leaving a shortfall of approximately $50,000.00. EWS is considering various options which may include seeking Council approval for a budget amendment. The preferred tenderer is bound by their offer until 11 July 2015 and, should the project progress, it is expected that the contract will be awarded under CEO delegation.

 

RFT04/15            Busselton Foreshore – Design, Supply and Installation of Utilities Services:

 

The City of Busselton intends to invite tenders for the design, supply and installation of utility services for the Busselton Foreshore development.  It is anticipated that the tender will be advertised on 30 May 2015, with the closing date on 14 July 2015. It is estimated that the works will commence on or about 30 August 2015 and will be completed by the end November 2015.  

 

 

 

EOI01/15             Expression of Interest for construction of the New Administration Building:

The City of Busselton has invited Expressions of Interest (EOI) to construct the City’s new administration and civic building. The EOI was advertised in the West Australian on 16 May 2015 and on the City’s Website.  The EOI’s submission deadline is 2 June 2015. It is expected that the evaluation process will be concluded and accepted tenderers shortlisted by end of June 2015, which will allow the City to invite tenders by mid-July.

15.2.6    CEO attendance at Local Government Chief Executive Officers’ Conference

 

The CEO will be attending the Local Government CEOs’ conference on the Gold Coast between July 29 and 31, 2015. 

15.2.7    Rio Tinto Regional Community Newsletter – Regional FIFO Connect

 

A Copy of the Rio Tinto Regional Community Newsletter April 2015 – Regional FIFO Connect has been received and is available to be viewed in the Councillors’ office.

 

OFFICER RECOMMENDATION

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

·    15.2.1              Gail Kearney Memorial Hospice Golf Day – Letter of Thanks

·    15.2.2              Regional Development Australia Network Newsletter

·    15.2.3              Planning & Development Services Statistics

·    15.2.4              RAC Cycling Survey 2015

·    15.2.5              Current Active Tenders (19/05/15)

·    15.2.6              CEO attendance at Local Government Chief Executive Officers’ Conference

·    15.2.7              Rio Tinto Regional Community Newsletter – Regional FIFO Connect

 

 

 


Council

159

10 June 2015

15.2

Attachment a

Planning Applications Received Between 1 and 15 May, 2015

 


 


 


Council

161

10 June 2015

15.2

Attachment b

Planning Applications Determined Between 1 and 15 May, 2015

 

 


Council                                                                                      163                                                                    10 June 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

                   24 June 2015

21.             Closure