Please note:  These minutes are yet to be confirmed as a true record of proceedings

CITY OF BUSSELTON

MINUTES FOR THE Council  MEETING HELD ON 24 June 2015

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 3

2....... Attendance. 3

3....... Prayer. 3

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

Response to Previous Questions Taken on Notice. 4

Public Question Time. 4

5....... Announcements Without Discussion.. 4

Announcements by the Presiding Member. 4

Announcements by other Members at the invitation of the Presiding Member. 4

6....... Application for Leave of Absence. 4

7....... Petitions and Presentations. 4

8....... Disclosure Of Interests. 4

9....... Confirmation and Receipt Of Minutes. 4

9.1          Minutes of the Council  held on 10 June 2015. 4

9.2          Minutes of the Community Resource Centre Management Committee held 25 May 2015. 5

9.3          Minutes of a Special Meeting of Council held on 3 June 2015. 5

9.4          Minutes of the Finance Committee held 4 June 2015. 5

9.5          Minutes of the Meelup Regional Park Management Committee held 9 June 2015. 6

10..... Reports of Committee. 8

10.1        Finance Committee - 4/06/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 APRIL 2015. 8

10.2        Finance Committee - 4/06/2015 - LIST OF PAYMENTS MADE – APRIL 2015. 15

10.3        Finance Committee - 4/06/2015 - CULTURAL PRECINCT ACTIVATION ACTIVITIES. 45

10.4        Finance Committee - 4/06/2015 - HERITAGE: LOCAL HISTORY; BUSSELTON SETTLEMENT ART PROJECT STEERING COMMITTEE. 17

10.5        Meelup Regional Park Management Committee - 9/06/2015 - GOURMET BEACH BBQ FUNCTIONS CASTLE BAY BEACH NOVEMBER 2015. 20

11..... Planning and Development Services Report. 27

11.1        APPLICATION FOR PLANNING CONSENT : DA14/0478 : PROPOSED REDEVELOPMENT/CHANGE OF USE AT LOT 11 (HSE 5850) BUSSELL HIGHWAY, ABBEY (NEWTOWN HOUSE). 60

11.2        LOT 17 WEST STREET LANDUSE CONCEPT PLAN.. 27

12..... Engineering and Work Services Report. 35

12.1        PROPOSAL TO IMPROVE RECYCLING RATES OF PLASTIC CONTAINERS IN DOMESTIC WASTE. 35

13..... Community and Commercial Services Report. 76

13.1        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES. 76

14..... Finance and Corporate Services Report. 52

14.1        CORPORATE BUSINESS PLAN 2015/2016 - 2018/2019. 52

15..... Chief Executive Officer's Report. 41

15.1        COUNCILLORS' INFORMATION BULLETIN.. 41

15.2        OUTCOMES OF A SPECIAL MEETING OF ELECTORS REQUESTING THAT A REFERENDUM BE HELD ON THE FUTURE OF THE NAUTICAL LADY. 84

Presentations. 84

16..... Motions of which Previous Notice has been Given.. 91

Nil

17..... Confidential Reports. 91

Nil

18..... Public Question Time. 91

19..... Next Meeting Date. 91

20..... Closure. 91

 


Council                                                                                      3                                                                         24 June 2015

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 24 June 2015 AT 5.30pm .

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 5.30pm.

2.               Attendance

Presiding Member:

Members:

 

Cr Grant Henley – Acting Mayor  

 

Cr John McCallum

Cr Tom Tuffin

Cr Gordon Bleechmore

Cr Rob Bennett

Cr Coralie Tarbotton

Cr Jenny Green

Cr Terry Best

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Mr Paul Needham, Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Ms Sarah Pierson, A/ Director, Finance and Corporate Services

Miss Lynley Rich, Manager, Governance Services

Mrs Katie Banks, Executive Assistant

 

Apologies

 

Nil

 

Approved Leave of Absence

 

Cr Ian Stubbs     Mayor

 

Media:

 

“Busselton-Dunsborough Times”

“Busselton-Dunsborough Mail”

 

Public:

 

24

3.               Prayer

The prayer was delivered by Luke Felton from Dunsborough Community Church.

4.               Public Question Time

Response to Previous Questions Taken on Notice 

 

Nil

Public Question Time

 

Nil

5.               Announcements Without Discussion

Announcements by the Presiding Member

 

Councillor Henley was very pleased to advise of the wonderful commitment and announcement for funding of the Busselton Regional Airport upgrade. The announcement was made by Premier Colin Barnett and Minister for Regional Development, Terry Redman,  in Busselton on the weekend. $45.9million will be allocated from Royalties for Regions and $10million will be allocated from the Department of Transport. It was a gold letter day for the City of Busselton and the region.

 

Councillor Henley acknowledged the hard work undertaken by City staff and the commitment from Councillors and community members who have advocated for the upgrade  over many years.

Announcements by other Members at the invitation of the Presiding Member

 

Nil

6.               Application for Leave of Absence

Nil

7.               Petitions and Presentations

Ms Helen Shervington addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Item 13.1. Ms Shervington, the Vice Chairperson of CinefestOz was in support of the Alternative Motion foreshadowed by Councillor R Bennett.

8.               Disclosure Of Interests

Nil

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 10 June 2015

Council Decision

C1506/163              Moved Councillor T Best, seconded Councillor G Bleechmore

That the Minutes of the Council  Meeting held 10 June 2015 be confirmed as a true and correct record.

CARRIED 8/0

Committee Meetings

9.2             Minutes of the Community Resource Centre Management Committee held 25 May 2015

Council Decision

C1506/164              Moved Councillor C Tarbotton, seconded Councillor J McCallum

 

1)         That the minutes of a meeting of the Community Resource Centre Management                Committee held on 25 May 2015 be received.

 

2)         That the Council notes the outcomes of the Community Resource Centre Management Committee held on 25 May 2015 being:

 

a)            The Property and Corporate Compliance Coordinator provided the Committee with an update on the hire of meeting rooms at the Centre.

 

b)            The Property and Corporate Compliance Coordinator discussed with the Committee the possibility of converting a meeting room into permanent office space.  

 

c)            The Committee discussed the closing of the Small Business Centre due to a review of funding and restructure by the State Government.

 

d)            The Presiding Member discussed with the Committee the regularity of the public showers being used at the Centre.

CARRIED 8/0

 

9.3             Minutes of a Special Meeting of Council held on 3 June 2015

Council Decision

C1506/165              Moved Councillor C Tarbotton, seconded Councillor J McCallum

 

That the Minutes of the Special Council Meeting held on 3 June 2015 be confirmed as a true and correct record.

CARRIED 8/0

 

9.4             Minutes of the Finance Committee held 4 June 2015

Council Decision

C1506/166              Moved Councillor C Tarbotton, seconded Councillor J McCallum

 

1)         That the minutes of a meeting of the Finance Committee held on 4 June 2015 be                received.

 

2)         That the Council notes the outcomes of the Finance Committee meeting held on 4            June 2015 being:

 

             a)            The Committee noted the Information Bulletin – April 2015

 

             b)            The Financial Activity Statements – Period Ending 30 April 2015 Item is                                 presented for Council  consideration at Item 10.1 of this agenda

 

             c)            The List of Payments Made – April 2015 Item is presented for Council                                   consideration at Item 10.2 of this agenda

 

             d)            The Committee endorsed the Proposed Differential Rates in the Dollar and                        Associated Minimum Payments  – 2015-16 Financial Year item

 

             e)            The Cultural Precinct Activation Activities Item is presented for Council                                consideration at item 10.3 of this agenda

 

             f)             The Heritage: Local History; Busselton Settlement Art Project Steering                                  Committee Item is presented for Council  consideration at Item 10.4 of this                           agenda

 

g)            The Manager, Governance Services provided the Committee with an update on the City’s Local Government Banding by the Salary and Allowances Tribunal

 

h)           The Director, Planning and Development Services and the Manager, Strategic Planning and Development discussed with the Committee development options in relation to Lot 40 Vasse Highway and various loan scenarios for the proposed Bovell Oval expansion 

 

i)             The Deputy Presiding Member with the Committee and Chief Executive Officer, discussed the review of expenditure and whole of life costing  items

 

CARRIED 8/0

 

9.5             Minutes of the Meelup Regional Park Management Committee held 9 June 2015

Council Decision

C1506/167              Moved Councillor C Tarbotton, seconded Councillor J McCallum

 

1)        That the minutes of a meeting of the Meelup Regional Park Management Committee held on 9 June 2015 be received.

 

2)        That the Council notes the outcomes of the Meelup Regional Park Management Committee meeting held on 9 June 2015 being:

 

a)            The Gourmet Beach BBQ Functions Castle Bay Beach November 2015 Item is presented for Council  consideration at Item 10.5 of this             agenda

 

b)            The Committee noted the Environment Officer’s report and the Meelup Coastal Cleanups project evaluation and notes

CARRIED 8/0

 

 


 

Adoption by Exception Resolution

At this juncture the Acting Mayor advised the meeting that the following reports, including the Committee and Officer Recommendations, will be adopted en bloc.

En Bloc Motion

Council Decision

C1506/168              Moved Councillor G Bleechmore, seconded Councillor T Best

 

That the Committee and Officer Recommendations in relation to the following agenda items be carried en bloc:

               

10.1        Finance Committee - 4/06/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 APRIL 2015

10.2        Finance Committee - 4/06/2015 - LIST OF PAYMENTS MADE – APRIL 2015

10.4        Finance Committee - 4/06/2015 - HERITAGE: LOCAL HISTORY; BUSSELTON SETTLEMENT ART PROJECT STEERING COMMITTEE

10.5        Meelup Regional Park Management Committee - 9/06/2015 - GOURMET BEACH BBQ FUNCTIONS CASTLE BAY BEACH NOVEMBER 2015

11.2        LOT 17 WEST STREET LANDUSE CONCEPT PLAN

12.1        PROPOSAL TO IMPROVE RECYCLING RATES OF PLASTIC CONTAINERS IN DOMESTIC WASTE

15.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 8/0

En Bloc

 


Council                                                                                      9                                                                         24 June 2015

10.             Reports of Committee

10.1           Finance Committee - 4/06/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 30 APRIL 2015

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Finance and Information Technology

ACTIVITY UNIT:

Finance

REPORTING OFFICER:

Manager, Finance and Information Technology - Darren Whitby

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Financial Activity Statements - Period Ending 30 April 2015  

 

This item was considered by the Finance Committee at its meeting on 4 June 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

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

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis for the period ending 30 April 2015.

 

 

BACKGROUND

 

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

 

§   Annual budget estimates

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

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

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

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

 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting of 30 July 2014, the Council adopted (C1407/190) the following material variance reporting threshold for the 2014/15 financial year:

 

That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2014/15 financial year to comprise variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/ Statement of Financial Activity report, however variances due to timing differences and/ or seasonal adjustments are to be reported on a quarterly basis.  

STATUTORY ENVIRONMENT

 

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

 

RELEVANT PLANS AND POLICIES

 

Not applicable.

 

FINANCIAL IMPLICATIONS

 

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

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

Not applicable.

 

OFFICER COMMENT

 

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

 

§ Statement of Financial Activity

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

 

§ Net Current Position

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

 

§ Capital Acquisition Report

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

Land and Buildings

Plant and Equipment

Furniture and Equipment

Infrastructure

 

§ Reserve Movements Report

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

 

§ Reserve Transfers to Municipal Fund

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

 

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

 

COMMENTS ON FINANCIAL ACTIVITY TO 30 APRIL 2015

   

Operating Activity

 

§  Operating Revenue

 

As at 30 April 2015, there is a variance of +0.9% in total operating revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Operating Grants, Subsidies and Contributions

+18%

+$559

Non-Operating Grants, Subsidies and Contributions

-19%

-$960

Profit on Asset Disposals

+315%

+$29

 

A summary of the above variances is provided as follows:

 

Operating Grants, Subsidies and Contributions (+$559K)

The current variance is primarily attributable to:

§ The earlier than projected raising of an invoice for the balance of the Busselton Jetty Licence Agreement payment for 2014/15 (+$346K)

§ The reimbursement of ‘employee costs’ related expenses, including parental leave and workers compensation payments (+$113K)

§ The receipt of several insurance scheme dividends, and the reimbursement of insurance settlement payments (+$50K)

§ Timing differences in relation to the receipt of a range of minor operating grants, along with budget shortfalls in a selection of ‘reimbursement’ type budgets; due to the associated expenditures not being incurred in the first instance (e.g. legal expenses)

 

Notwithstanding the current favourable variance, the Annual Budget Review has identified that as at the end of March 2015, only the insurance scheme dividends received comprise windfall revenue, with the majority of this ($50K) having previously been transferred to the Infrastructure Development Reserve as current financial year savings.               

 

Non-Operating Grants, Subsidies and Contributions (-$960K)

The current variance is primarily attributable to:

§ The receipt of additional developer contributions above year to date budget estimates (+$429K)

§ The earlier than projected receipt of a Department of Sport and Recreation grant for Barnard Park works (+$319K)

§ The accounting recognition of donated assets, including a fire tender from DFES (+$123K)

§ Timing differences associated with the receipt of capital grant funding including, but not limited to, the following activities:

Road construction grant funding (-$527K)

Beach restoration and Boat-ramp grant funding (-$513K)

Bridge construction grant funding (-$355K)

Airport terminal building and Airport related infrastructure works (-$236K)

Beachfront infrastructure works – including shark nets (-$171K)

 

It should be noted that developer contributions and donated assets revenue have no direct impact on the City’s surplus/ deficit position. Developer contributions are transferred to equity upon receipt, via the ‘Transfers to Restricted Assets’ capital expenditure activity, with donated assets accounted for in the City’s balance sheet.      

    

Profit on Asset Disposals (+$29K)

The current variance remains attributable to book profits on the sale, through auction, of obsolete computer equipment and sundry plant items. In most cases, the items had a zero written down value, with any funds received representing a book profit on disposal. This is in addition to higher than projected changeovers on a range of light and heavy plant items. It should be noted that Profit on Asset Disposals represents accounting entries only, and has no direct impact on the surplus/ deficit position.    

 

§   Operating Expenditure

 

As at 30 April 2015, there is a variance of -2.9% in total operating expenditure, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Materials and Contracts

-20%

-$2,574

Depreciation on Non-current Assets

+20%

+$1,669

Insurance Expenses

-11%

-$88

Loss on Asset Disposals

+122%

+$81

 

A summary of the above variances is provided as follows:

 

Materials and Contracts (-$2,574K)

Due to the nature of this expenditure category, variances are evident across a broad range of activities. However, the major variances, which are predominantly due to timing differences, include:

 

§ Collective contractor expenditure is presently $1,131K below year to date budget estimates and includes, amongst others, recycling contractors (-$258K), coastal protection related contractors (-$300K), Vasse & Provence specified area rate contract maintenance works (-$340K) and also numerous building contractor related works (e.g. Nautical Lady Lighthouse demolition of $150K). Conversely, current overspends include a range of Parks and Gardens expenditures (+$230K), tree pruning (+$78K) and road maintenance contractor expenses (+$78K).

§ Collective consultancy expenditure is presently $475K below year to date budget estimates

§ Building maintenance services (including contract cleaning and general maintenance) is presently $217K below year to date budget estimates

§ Collective Legal expenses are presently $144K below year to date budget estimates

§ Leasing expenses are presently $92K below year to date budget estimates

§ Plant and equipment maintenance services is presently $126K below year to date budget estimates (primarily fuel, oils and grease -$118K)

 

The remainder of the variance is attributable to budget variances in a range of expenditure types including but not limited to, material purchases, maintenance services and non capital asset acquisitions. Whilst the current collective variance is primarily as a result of budget timing matters at this juncture, the Annual Budget Review has estimated that a net shortfall of approximately $390K may be evident in this category at financial year end.    

 

Depreciation on Non-current Assets (+$1,669K)

This variance is primarily attributable to the Buildings fair value valuation (as at 30 June 2014), coupled with the significant value of donated assets brought to account as at last financial year end. The depreciation budget is developed reasonably early in the annual budget process, based on financial year end projections. Whilst generally accurate, this approach has this year been impacted by the aforementioned activities, the outcomes of which were not known until very late in the 2013/14 financial year. It should be noted however that depreciation expense is reversed as a non cash adjustment, and as such has no net effect on the surplus/ deficit position.                       

 

Insurance Expenses (-$88K)

This variance is primarily attributable to property and plant insurance premiums, which continue to reflect variances of -$46K and -$49K respectively. Whilst additional minor expenses are anticipated as additions and amendments are made to the City’s Insurance Schedule, a saving of up to $85K is still expected as at financial year end.                 

 

Loss on Asset Disposals (+$81K)

This variance remains primarily attributable to book losses on the disposal of obsolete computer equipment, sundry plant items and a range of light and heavy vehicles. It should be noted that Loss on Asset Disposals represents accounting entries only, and has no direct impact on the surplus/ deficit position.       

 

Capital Activity

 

§  Capital Revenue

 

As at 30 April 2015, there is a variance of -22.4% in total capital revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Proceeds from Sale of Assets

-26%

-$229

Proceeds from New Loans

-27%

-$6,800

Transfers from Restricted Assets

+24%

+$656

 

A summary of the above variances is provided as follows:

 

Proceeds from Sale of Assets (-$229K)

This variance continues to be primarily attributable to timing differences in relation to plant acquisitions and changeovers, as evidenced by the current variance in the ‘Plant and Equipment’ capital expenditure activity. Performance in this category has limited direct impact on the surplus/ deficit position, as revenue from the sale of assets, combined with reserve transfers, generally fully offset the associated capital expenditure transaction.     

 

Proceeds from New Loans (-$6,800K)

This variance is attributable to the delay in the drawdown of the Busselton Foreshore borrowing facility of $6.8M, which was originally budgeted to be drawn in March 2015. The loan (value reduced to $6.5M) has subsequently been locked in for drawdown on 13 May 2015.  

 

Transfers from Restricted Assets (+$656K)     

Due to the nature of this category, the annual budget is predominantly spread evenly across the financial year. The transfers processed so far this financial year relate to the return of bond monies ($1.7M), and also the transfer of 2013/14 unspent loan funds ($1.57M) pertaining to the Geographe Leisure Centre Extensions and Barnard Park projects. Performance in this category has no direct impact on the surplus/ deficit position, as associated transactions are either ‘off’ balance sheet (deposits and bonds), or represent equity transfers to fund associated expenditures (including loan funds).        

 

Capital Expenditure

 

As at 30 April 2015, there is a variance of -24.8% in total capital expenditure, with the following categories exceeding the 10% material variance threshold: 

 

Description

Variance

%

Variance

$000’s

Land & Buildings

-43%

-$3,005

Plant and Equipment

-29%

-$1,001

Furniture and Office Equipment

-28%

-$126

Infrastructure

-50%

-$10,943

Advances to Community Groups

-100%

-$30

Transfers to Restricted Assets

+76%

+$660

 

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

§   Land and Buildings

§   Plant and Equipment

§   Furniture and Office Equipment

§   Infrastructure

 

A summary of the remaining variances is provided as follows:

 

Advances to Community Groups (-$30K)

This matter relates to the drawdown of the budgeted self-supporting loan of $30K in favour of the Busselton Football and Sportsman’s Club; to carry out repairs to the Bovell Park football clubrooms. The loan facility was drawn during April 2015, with the loan funds to be paid to the Club during May 2015.        

 

Transfers to Restricted Assets (+$660K)

Similar to ‘Transfers from Restricted Assets’, the annual budget in this category is spread evenly across the financial year. The favourable year to date variance is due to the receipt of developer contributions totalling approximately $1,185K, along with bond and deposit receipts totalling approximately $339K. As with ‘Transfers from Restricted Assets’, performance in this category has no direct impact on the surplus/ deficit position, as associated transactions are either ‘off’ balance sheet (deposits and bonds), or represent equity transfers to quarantine funds received in the form of, amongst others, developer contributions (via the ‘Non-Operating Grants, Subsidies and Contributions’ operating revenue category).          

 

BUDGET VARIATIONS AND OTHER ‘KNOWNS’

 

In considering the October 2014 Financial Activity Statements, the Council determined (C1412/338) to quarantine a number of windfall revenues and identified savings to the Infrastructure Development Reserve; summarised as follows:

 

Description

Amount

$

September 2013 Storm Damage Claim Reimbursement

99,092

Insurance Scheme Surplus Distribution

50,336

Loan Repayments – Civic and Administration Centre

83,919

TOTAL

233,347

 

CONCLUSION

 

As per the 2014/15 Annual Budget Review, the City’s overall financial performance to 31 March 2015 was considered satisfactory, with a surplus closing position in the order of $900K projected as at 30 June 2015. Based on the City’s financial performance to 30 April 2015, there is nothing to indicate that the Annual Budget Review comments do not remain valid.

 

The previous month’s operating revenue and expenditure performance has generally continued during April. Operating revenue continues to reflect a year to date variance of less than +1%, with the operating expenditure variance remaining below -3%. The charts as attached to this report reflect the actual/ budget congruence in these activities.

 

Whilst significantly higher in magnitude, capital revenue and expenditure performance has also continued to reflect that of the prior month, with variances of approximately -22% and -25% respectively.

 

Notwithstanding the above, it is worthy of noting that as indicated in the attached ‘year on year comparative’ chart, the Net Current Position as at 30 April 2015 is approximately $2.1M less than at the same time last financial year. As at the end of April 2015 however, there is the capacity to transfer approximately $5M from reserve funds, plus a further $1.6M already expended on Busselton Foreshore projects; which are subject to loan funding. Consequently, the April 2015 figure (in comparison to previous financial years) is not in itself specifically conducive to assessing the City’s overall financial performance on a year to date basis.  

      

OPTIONS

 

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

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1506/169              Moved Councillor G Bleechmore, seconded Councillor T Best

 

That the Council receives the statutory financial activity statement reports for the period ending 30 April 2015, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

CARRIED 8/0

En Bloc

 


Council                                                                                      15                                                                      24 June 2015

10.2           Finance Committee - 4/06/2015 - LIST OF PAYMENTS MADE – APRIL 2015

SUBJECT INDEX:

Financial Operations

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Finance and Information Technology

ACTIVITY UNIT:

Finance

REPORTING OFFICER:

Manager, Finance and Information Technology - Darren Whitby

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   List of Payments Made - April 2015  

 

This item was considered by the Finance Committee at its meeting on 4 June 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report provides details of payments made from the City’s bank accounts for the month of April 2015, for noting by the Council and recording in the Council Minutes.

 

 

BACKGROUND

 

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

 

STATUTORY ENVIRONMENT

 

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

 

RELEVANT PLANS AND POLICIES

 

NA.

 

FINANCIAL IMPLICATIONS

 

NA.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

 

NA. 

 

CONSULTATION

 

NA.

 

OFFICER COMMENT

 

NA.

 

CONCLUSION

 

NA.

 

OPTIONS

 

NA.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1506/170              Moved Councillor G Bleechmore, seconded Councillor T Best

 

That the Council notes the payment of voucher numbers M111047 - M111240, EF039689 – EF040167, T007135 - T007139, and DD002437 - DD002465, together  totalling $7,322,812.55.

 

CARRIED 8/0

En Bloc

 


Council                                                                                      17                                                                      24 June 2015

10.4           Finance Committee - 4/06/2015 - HERITAGE: LOCAL HISTORY; BUSSELTON SETTLEMENT ART PROJECT STEERING COMMITTEE

SUBJECT INDEX:

Heritage

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community and Commercial Services

REPORTING OFFICER:

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Finance Committee at its meeting on 4 June 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to seek Council’s approval to amend the 2014/15 adopted budget through the transfer of $2,859 from the Cultural Planning Sundry Income Account to the Sundry Restricted Asset Account to contribute towards future sculptures in the Settlement Art Project.

 

 

BACKGROUND

 

The Busselton Settlement Art Project (BSAP) is a public art initiative commemorating the successful establishment of Busselton as one of the first settlements outside Perth. The project consists of the commissioning of six (6) life-sized bronze sculptures (one per year subject to funding) at a total cost of approximately $700,000 (ex GST). The project is overseen by a formal Committee of Council, the Busselton Settlement Art Project Steering Committee (BSAPSC).

 

The BSAPSC organizes events to keep the project in the public realm by raising awareness and to raise funds. The BSAPSC’s last fundraising event was held in November 2014 in the form of a garden party. The event featured a guest speaker and auction items, with income from the event totaling $2,859.  This report seeks to transfer the income to a restricted asset account to ensure the funds are put towards the commissioning of the next sculpture in the project.

 

STATUTORY ENVIRONMENT

 

Under Section 5.8 of the Local Government Act 1995 (the Act), a local government, by absolute majority, may establish committees of three or more persons to assist the Council, and to exercise the powers and discharge the duties of the local government that can be delegated to committees.  Authority can be delegated to formally constituted Committees of Council in accordance with Sections 5.16 and 5.17 of the Act.

 

Under Section 6.8 of the Act, expenditure that is not included in the annual budget requires a resolution in advance of the expenditure with Absolute Majority.

 

RELEVANT PLANS AND POLICIES

 

Social & Ageing Plan 2012 – 2020

It is a goal of the City’s Social and Ageing Plan (2010-2020) that the City’s culture is celebrated, valued and retained. The installation of the BSAP is in line with this goal.

 


 

City of Busselton’s Ten Year Financial and Corporate Business Plans

The BSAP has been identified as a key project in the City’s four year Corporate Business Plan and includes an allocation of $50k per year in 2015/16 and 2016/17. 

 

The Local Planning Policy (6B) Percent for Art Provisions

The Percent for Art Provisions allows developers to provide a cash in lieu contribution in place of an artwork at the site of the development application.  The policy enables funds which are in the Percent for Art Cash in Lieu – Public Art Restricted Funds account collected in the Busselton (East) precinct of the City of Busselton to be directed to the Settlement Art Project as a priority.

 

FINANCIAL IMPLICATIONS

 

The budget transfer will reduce Council’s net current position by $2,859 at the end of the 2014/15 financial year. However these funds were raised for the purpose of the Settlement Art Project so it is considered appropriate to transfer the funds to a restricted asset account to allow for this in the future.

 

Long-term Financial Plan Implications

 

$50,000 per year until 2016/17 has been included in the City’s endorsed Long Term Financial Plan towards the commissioning of sculptures for the Settlement Art Project, however matching funds are required to be raised in order to fund individual statues.  The transfer of funds from the BSAPSC’s fundraising activities in 2014/15 will assist in building funds for the commissioning of future statues.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

Well Planned, Vibrant and Active Places

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

2.2          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 by the City’s risk assessment framework.  There are no identified risks associated with the officer recommendation.

 

CONSULTATION

 

The participating members of the BSAPSC have been included in the process of discussing and forming the recommendations in this report. Consultation has also been ongoing with the Bussell family and key stakeholders identified for future sculptures yet to be commissioned.

 

OFFICER COMMENT

 

Funds raised by the BSAPSC is as a result of their hard work in fundraising activities for the Busselton Settlement Art Project. Tickets for the event in November were sold on the basis that the profits would go towards the project.  Officers therefore recommend that the income from the Sundries Income Account (330-10900-1750-0000) of $2,859 be transferred to the Sundry Restricted Asset Account for the purposes of raising funding to commission the next sculpture for the Settlement Art Project.

 

CONCLUSION

 

Although the transfer will reduce Council’s net current position by $2,859 at year end, the expectation from those who participated in the November fundraising event was that the funds raised would go towards the commissioning of the next sculpture.  Significant fundraising is required for each sculpture and ongoing fundraising activities such as this will assist in reaching the funds required.

 

OPTIONS

 

The Council may chose not to transfer the funds that were raised by the BSAPSC and this will reduce the total funds available to complete the next sculpture. Donations and contributions are still needed to realize the third sculpture of J.G Bussell.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, Officers will transfer the funds from the Sundry Account to the Sundry Restricted Asset Account before the end of the 2014/15 Financial Year.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1506/171              Moved Councillor G Bleechmore, seconded Councillor T Best

 

That the Council approves  the transfer of $2,859 from the Cultural Planning Sundry Income Account (330.10900.1750) to the Sundry Restricted Asset Account for the Busselton Settlement Art Project.

 

CARRIED 8/0

En Bloc

 


Council                                                                                      21                                                                      24 June 2015

10.5           Meelup Regional Park Management Committee - 9/06/2015 - GOURMET BEACH BBQ FUNCTIONS CASTLE BAY BEACH NOVEMBER 2015

SUBJECT INDEX:

Committees

STRATEGIC OBJECTIVE:

A City recognised for its high quality events and year round tourist offerings.

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Events

REPORTING OFFICER:

Events Coordinator - Shane Walsh

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Margaret River Gourmet Escape 2015  

 

This item was considered by the Meelup Regional Park Management Committee at its meeting on 9 June 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The City has received an event application and proposal for Beach BBQ functions to be held at Castle Bay Beach as part of the 2015 Gourmet Escape event, consisting of lunch and dinner functions on Friday 20 to Sunday 22 November 2015 inclusive, similar in nature to the functions held in 2013 and 2014.  This report recommends that the event be supported subject to a number of conditions being met.

 

 

BACKGROUND

 

Due to the winter storm damage in November 2013, the Meelup Regional Park Management Committee (the Committee) supported the City of Busselton in relocating the Gourmet Escape Beach BBQ functions from Smiths Beach to Castle Bay Beach. At the time (September 2013), event organiser Brand Events, advised that the shape and width of Smiths Beach had been reduced due to winter storm damage and was no longer suitable for the Beach BBQ functions. The issues being the increased development of foreshore dunes and associated vegetation which reduced the area available for the infrastructure required for the event, and the uncertainty of the course of Gunyulgup Brook, which changes frequently.

 

Despite the change of location, due to the success of the seven (7) functions held at Castle Bay Beach Brand Events requested the City support the event returning in November 2014 in the form of six (6) functions.

 

As part of the event application assessment for the 2014 Beach BBQ functions at Castle Bay Beach, Brand Events presented a report to the City’s Marketing and Events Reference Group (MERG) for consideration.  Comprising of representatives from the City of Busselton, Busselton Chamber of Commerce and Industry, the Dunsborough-Yallingup Chamber of Commerce and Industry, the Geographe Bay Tourism Association, and the Busselton Jetty Environment and Conservation Association, MERG recommended to Council that the event be supported. Subsequently, Council resolved (C1407/181) to support, as part of the 2014 Gourmet Escape event, a Beach BBQ function to be held at Castle Bay Beach and that City Staff and the Dunsborough-Yallingup Chamber of Commerce and Industry consult with the Meelup Regional Park Management Committee in relation to environmental conditions.”

 

Prior to the 2014 event the City’s Events Coordinator, in close consultation with the Committee and Brand Events, developed specific event conditions.  This required Brand Events to meet the following requirements:

 

·    Provide a detailed plan of the function site on the beach and in the car park;

·    Not use machinery to dig sewerage piping into the beach sand;

·    Signage on site that the beach will remain open to the public at all times and to also advertise that fact on the event website;

·    The MC at the functions was to acknowledge the uniqueness of the area and environmental significance of Castle Bay Beach;

·    Promote the site nationally and internationally as a world class  A Reserve  beach;

·    An open space be left on the beach between the rocks in front of the car park and the four tent structures, so the ocean views could be seen from the car park and that easy beach access was available for park visitors from the car park;

·    Adequate number of car parking bays be left for the general public during the bump in and bump out days, and as many bays be left for park visitors during the functions as well;

·    Transport and parking considerations be addressed so that the general public could access the beach by road and park in the car park in designated areas

·    Contractors and staff to use minimum car bay spaces in each corner leaving most of the car park for park visitors

·    Supply a shuttle bus for guests and park visitors from Meelup Beach Car Park

·    Daily liaison with Committee members during bump in, event days and bump out days;

·    A complete clean-up of the event site post event;

·    Brand Events continue to monitor other beach locations for future beach BBQ events;

·    Report back to the Committee summarising the event

 

Whilst the 2014 event attracted 1,568 guests over the six (6) successful functions, however, at the Meelup Regional Park Management Committee meeting on Tuesday 9 December 2014, the following motion was passed by the Committee;

 

“That the Meelup Regional Park Management Committee makes every effort to assist Brand Events to locate an appropriate and permanent venue for the Gourmet Beach BBQ event originally held at Smiths Beach”.

 

In preparation for 2015 Gourmet Escape event, Brand Events investigated and assessed several beach locations including Smith’s Beach, Point Piquet, Dunsborough Foreshore and Injidup for the Beach BBQ functions. In May 2015, the City’s Events team received a report from Brand Events summarising the feasibility of two (2) new beach locations, Bunker Bay and Eagle Bay, after visiting these sites with Committee members.  The feasibility assessment showed that the other beach locations considered within the City of Busselton local government boundary, were not suitable or appropriate for the Beach BBQ functions. 

 

Brand Events have investigated all locations recommended by the Committee and after consideration of the options have requested that the City, in conjunction with the Committee, consider the Beach BBQ functions to be held at Castle Bay Beach in 2015 from Friday 20 to Sunday 22 November 2015 inclusive.

 

From the recent site meeting in April 2015 with representatives from Brand Events, the Committee raised two (2) main concerns around the Beach BBQ functions being held at Castle Bay Beach. The Committee’s concerns included:

 

-      The impact of the event on the ‘A’ class reserve at Castle Bay Beach;

-      The level of accessibility to the beach that park visitors would have during the organiser’s nine (9) day presence at Castle Bay Beach.

 

To address the Committee’s concerns, while meeting the event conditions specified for the 2014 event, Brand Events proposed an increased fee (above the adopted Meelup Regional Park Fees and Charges for 2015/2016) which could then be used to offset the impacts created by the event and to contribute to the overall wellbeing of the ‘A’ class reserve site. Further, Brand Events will ensure that the car park is available for Park visitors and when the car park is full that visitors are directed to Meelup Beach car park, with use of a free shuttle bus service. 

 

As part of the request to host the Gourmet Escape Beach BBQ Function at Castle Bay Beach in 2015, Brand Events have also applied to host the functions at Castle Bay Beach for the following two (2) years, in 2016 and 2017. 

 

As part of this proposal, Brand Events have proposed a single upfront event fee for the three (3) years (2015-2017 inclusive) of $25,000 (excl GST) to be used towards the maintenance and upgrade of the Park, including new toilet facilities at Castle Bay Beach. Using the adopted site based event fee (per patron/competitor) for the Meelup Regional Park of $3.64 (excl GST), it is expected that the fees collected from Brand Events over the three (3) years would be approximately $17,000 (excl GST). Hence, Brand Event’s proposed single upfront fee is considerably greater than what would be received through the adopted Fees and Charges over the three (3) year period. This proposal illustrates their commitment to maintaining the integrity of the site.

 

Castle Bay Beach is a highly regarded venue to many people, including Brand Events. Over the past two (2) years Brand Events has had the benefit of spending time with several members of the Committee and have noted their passion, diligence and expertise when it comes to protecting the Park. Their goal is to collaborate and work with the Committee to ensure that the event only enhances and improves the Park as an ‘A’ class reserve.

 

STATUTORY ENVIRONMENT

 

The Council has appointed a Meelup Regional Park Management Committee in accordance with Section 5.8 of the Local Government Act 1995 to care for, control and manage Meelup Regional Park in accordance with the Meelup Regional Park Management Plan (2010). The Committee has delegated authority in accordance with Section 5.16 of the Act to undertake these management activities and a budget allocated by the Council for this purpose.

 

RELEVANT PLANS AND POLICIES

 

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

 

In 2006, Council resolved (C0604/105) to adopt Events Policy 231. This Policy has been used to manage the application and approval process for all types of events conducted in the City of Busselton including events held within Meelup Regional Park. The event application is processed and approved in accordance with City’s event policy and approval processes which include specific conditions for events to be held in Meelup Regional Park for trail, road and site based events.

 

FINANCIAL IMPLICATIONS

 

Brand Events will fund the City of Busselton $25,000 (excl GST) in advance as part of a three (3) year arrangement to hold the beach functions at Castle Bay Beach, which can then be used in the maintenance and upgrade of Meelup Regional Park. Using the adopted Meelup Regional Park site based event fee (per patron/competitor)  of $3.64 (excl GST), it is expected that the advanced payment of $25,000 will be greater by an estimated amount of $7,000 over the three year period  compared to the City collecting the adopted annual per patron fees from Brand Events.

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter is considered relevant to Key Goal Area ‐ Robust Local Economy and Community Objective 3.2 ‐ A City recognised for its high quality events and year round tourist offerings.

 

RISK ASSESSMENT

 

An assessment of the potential implications of not implementing the Officer recommendation has been undertaken using the City’s risk assessment framework. The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks. The table below describes identified risks where the residual risk, once controls have been identified, is identified as ‘medium’ or greater;

 

Risk

Controls

Consequence

Likelihood

Risk Level

Environmental risk of damage being incurred from event infrastructure and use of the site based at Castel Bay Beach.

Meelup Regional Park event conditions specifying environmental controls; daily site inspections; post event inspections.

Minor

Possible

Medium

Reputational risk attributed to Park visitors not being able to access Castle Bay Beach during each function.

Effective control of vehicles in the limited car park and event organisers advertising access to the beach area

Minor

Unlikely

Low

 

CONSULTATION

 

The City of Busselton Events Coordinator will continue to consult and liaise with Brand Events and the Committee to support and facilitate this event.

 

OFFICER COMMENT

 

The 2015 Gourmet Escape Beach BBQ Functions will again provide a great opportunity to showcase the Meelup Regional Park as an ‘A’ Class Reserve to intrastate, interstate and international visitors attending the event, as well as attracting extensive media coverage around Australia and internationally.

 

The events in 2013 and 2014 have been very successful. Issues that have been identified by the Committee during the two (2) events have been considered and addressed by Brand Events, which demonstrates their willingness to work with the Committee to resolve any shortfalls or concerns.

 

Over the course of the six (6) Castle Bay Beach functions proposed for 2015, it is expected that approximately 1,575 guests will attend the Beach BBQ Functions. 

 

To address the Committee’s concern in regards to ongoing access to Castle Bay Beach at all times, Park visitors will be able to access the beach from the car park, adjacent trails, and beaches. Additionally, it is proposed to only close the car park to Castle Bay Beach when the car park is full. On the occasions when the car park is full, function guests and Park visitors will be directed to Meelup Beach car park, who will be able to catch a shuttle bus to Castle Bay Beach which will run on a 10 minute round trip basis.

 

The majority of guests will be coached to the event site directly from their hotels/accommodation which will reduce the number of private vehicles accessing the car park and surrounding area during this time. Any guests who drive to the event will be advised in advanced to park at Meelup Beach car park and to utilise the free shuttle bus service to Castle Bay Beach. During non-function times a minimum of 50% of the car park will be reserved for park visitor parking.

 

Infrastructure proposed for the functions will include four (4) tipi structures and a catering marquee on the beach (maximum size approximately 6x3m) and two (2) additional 3m x 3m shelters for support services (St John Ambulance) in the car park if required. 

 

Brand Events will continue to work with the Committee to ensure there will be minimum environmental impact on the event site and that the beach is accessible to park visitors at all times.

 

CONCLUSION

 

Meelup Regional Park is an increasingly popular destination for events in the City of Busselton. The event application for the Gourmet Beach BBQ functions at Castle Bay Beach will be assessed in accordance with the City of Busselton’s Events application process and will incorporate the Meelup Regional Park General Event Conditions.

 

This report recommends that the Meelup Regional Park Management Committee supports the use of Meelup Regional Park for this event at Castle Bay Beach for a period of three (3) years subject to a number of conditions being met, as outlined in the Officer recommendation.

 

OPTIONS

 

The Committee may resolve not to accept the Event Coordinator’s recommendation or may resolve to amend the Officer’s recommendation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer recommendation be endorsed, the 2015 Gourmet Escape Beach BBQ event organisers will be notified of the event approval in June 2015.

 

OFFICER RECOMMENDATION

 

That the Committee supports the Gourmet Escape Beach BBQ functions to be held at Castle Bay Beach in 2015, 2016 and 2017, in accordance with the Meelup Regional Park General Event Conditions, and notes that City Officers (in partnership with the Meelup Environment Officer) will require that the event organiser:

 

1.    Provides a single, upfront  payment of $25,000 (excl GST) in lieu of the Meelup Regional Park Site Based Event Fee (per patron/competitor) for all three (3) of the Gourmet Escape Beach BBQ events to be held at Castle Bay Beach in 2015, 2016 and 2017 inclusive;

2.    That the advanced payment of $25,000 be allocated towards maintenance and upgrading of facilities in Meelup Regional Park;

3.    That the Committee works with the event organiser to minimise the environmental impact on the site and to keep the beach open to park visitors at all times.

 

Note:              The Director, Planning and Development Services put forward an Alternative Officer Recommendation to recognise that it  is a decision that has in the past effectively been made by the Council itself – and as such the recommendation should be drafted as a proposed Council resolution, with the Committee’s role being to make a recommendation to the Council; to ensure that the additional income is actually reflected in additional spend on management of the Park; and recognising that City officers have delegation to issue permits pursuant to the City of Busselton Property Local Law, that the Committee can only make decisions when meeting formally and that it is therefore not practicable for Brand Events to liaise in any formal way with the Committee, but it is clearly appropriate for the Committee to be consulted with as part of the process.  

 

ALTERNATIVE OFFICER RECOMMENDATION:

 

That the Council resolves to indicate support for the holding of the Brand Events Gourmet Escape Beach Barbecue Event at Castle Bay Beach in 2015, 2016 and 2017, subject to the following –

 

1.    That the fee for the issuing of permits for the undertaking of all three events is set at $25,000 plus GST;

2.    That the fee be paid in full no later than one month prior to the holding of the 2015 Event;

3.    That the Council consider, in adopting the City’s budget for ‘other income’ for the 2015/16 financial year for Meelup Regional Park, that budgeted income be increased by $18,700 (i.e. $25,000 minus $6,300 - which is what would otherwise be expected from the event in the 2015/16 financial year) from $12,500 (as currently set out in the working draft budget) to $31,200;

4.    That the Council consider, in adopting the City’s budget for ‘recreation reserves maintenance’ for the 2015/16 financial year for Meelup Regional Park, that budgeted spend be increased by $18,700 (reflecting the increased income) from $146,070 (as currently set out in the working draft budget) to $164,770;

5.    That should the funds not be spent prior to the end of the 2015/16 financial year, that any surplus be transferred to a restricted asset account and the budgeted spend for Meelup Regional Park be increased in a future financial year by an amount equivalent to the surplus;

6.    That public access to Castle Bay Beach be maintained throughout the duration of each of the events; and

7.    That any permits issued for the undertaking of the events shall require –

7.1  An environmental management plan for the event to be submitted to and approved by the City no later than two months prior to the 2015 event;

7.2  A report on compliance with the environmental management plan for each event shall be submitted to the City within one month of each event;

7.3  An assessment by the City of the need to review or modify the environmental management plan prior to the 2016 event and/or 2017 event shall be made following receipt of the report on compliance for the 2015 and/or 2016 events; and

7.4  Informal consultation by City officers with members of the Meelup Regional Park Management Committee prior to any decisions being made in relation to points 7.1 and 7.3 above.

 

Note:              The Committee were supportive of the alternative officer recommendation, however, felt it was appropriate to include in the recommendation that a bond would be obtained from Brand Events for the Gourmet Beach BBQ at Castle Bay Beach.          

 

 

 

 

 

Council Decision and Committee Recommendation

C1506/172              Moved Councillor G Bleechmore, seconded Councillor T Best

 

That the Council resolves to indicate support for the holding of the Brand Events Gourmet Escape Beach Barbecue Event at Castle Bay Beach in 2015, 2016 and 2017, subject to the following –

 

1.            That the fee for the issuing of permits for the undertaking of all three events is set at $25,000 plus GST;

 

2.            That the fee be paid in full no later than one month prior to the holding of the 2015 Event;

 

                3.            That the Council consider, in adopting the City’s budget for ‘other income’ for the                              2015/16 financial year for Meelup Regional Park, that budgeted income be increased                       by $18,700 (i.e.        $25,000 minus $6,300 - which is what would otherwise be expected                        from the event in the                 2015/16 financial year) from $12,500 (as currently set out in                        the working draft budget) to $31,200;

 

                4.            That the Council consider, in adopting the City’s budget for ‘recreation reserves                                 maintenance’ for the 2015/16 financial year for Meelup Regional Park, that budgeted                      spend    be increased by $18,700 (reflecting the increased income) from $146,070 (as                             currently set       out in the working draft budget) to $164,770;

 

                5.            That should the funds not be spent prior to the end of the 2015/16 financial year,                              that any surplus be transferred to a restricted asset account and the budgeted spend                      for Meelup Regional Park be increased in a future financial year         by an amount                                    equivalent to the surplus;

 

                6.            That public access to Castle Bay Beach be maintained throughout the duration of                               each of the events; and

 

        7.            That any permits issued for the undertaking of the events shall require –

 

                                7.1          An environmental management plan for the event to be submitted to and                                             approved by the City no later than two months prior to the 2015 event;

 

                                7.2          A report on compliance with the environmental management plan for each                                          event s hall be   submitted to the City within one month of each event;

 

                                7.3          An assessment by the City of the need to review or modify the                                                                    environmental management plan prior to the 2016 event and/or 2017 event                                      shall be made following receipt of the report on compliance for the 2015                                               and/or 2016 events;

 

                                7.4          Informal consultation by City officers with members of the Meelup Regional                                         Park Management Committee prior to any decisions being made in relation                                          to points 7.1 and 7.3 above; and

 

                                7.5          The imposition of a bond in accordance with the City’s Schedule of Fees and                                         Charges.

CARRIED 8/0

En Bloc

11.             Planning and Development Services Report

11.2           LOT 17 WEST STREET LANDUSE CONCEPT PLAN

SUBJECT INDEX:

Development Services and Policy

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Development Services and Policy

REPORTING OFFICER:

Manager, Development Services - Anthony Rowe

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Draft Land Use Concept Plan

Attachment c    Illustrative Plan

Attachment d   Schedule of Submissions

Attachment e    Annotated Land Use Concept Plan  

  

 

PRÉCIS

 

The Council at its meeting on 25 March 2015 resolved to advertise a revised Land Use Concept Plan for Lot 17 West Street, Busselton.

 

The revised Land Use Concept Plan was advertised in accordance with Clause 7.6 of the City of Busselton Planning Scheme 21.  Advertising commenced on 17 April 2015 and closed on 15 May 2015.

 

The City is required to give consideration to the submissions received before determining whether to adopt, adopt with conditions, or refuse, the revised Land Use Concept Plan. Because of the scale and strategic importance of the development that would be facilitated by the revised Land Use Concept Plan, as well as the nature of issues raised in submissions, officers are referring the Land Use Concept Plan to the Council for determination, rather than making a determination under delegated authority.

 

Officers are recommending that the Council adopt the Land Use Concept Plan for final approval, subject to some relatively minor modifications to address issues raised in submissions, and which the proponents are understood to be broadly comfortable with.

 

 

BACKGROUND

 

The subject land (Lot 17 and some other adjoining parcels) is located in the Restricted Business Zone, with the listing of Additional Uses and the inclusion of Special Provisions.  The Additional Uses provide for a Discount Department Store (DDS), and the Special Provisions provide that development should proceed in accordance with a Land Use Concept Plan.  The present Land Use Concept Plan was prepared in 2006.  The Scheme facilitates the development of Lot 17 and some adjoining parcels for a Discount Department Store, showrooms, and other bulky goods retail and service commercial purposes. 

 

The purpose of the Land Use Concept Plan (LUCP) is to provide the spatial layout for the future subdivision and development of the land.

 

The Proponent, Erceg Nominees, has applied to Council to amend the current Land Use Concept Plan to revise the spatial allocations indicated by the plan, in particular the location of the proposed DDS. 

 

The Land Use Concept Plan differs primarily by shifting the location of the DDS at the southern portion of the site and up to 50% of the DDS being identified to now occur outside of the Additional Use area identified on the Scheme Map.  Whilst the Additional Uses specified the location of the DDS, it did not specify the location of other development such as showrooms.  A development application for a DDS and overall development of Lot 17 was approved in 2009.  It had showrooms in the location where the DDS is now proposed.  The proponent is ostensibly seeking to swap the DDS into this location to give it an improved anchor, and centralised frontage, relative to the overall development of the site.

 

A location plan is provided as Attachment A, with the draft Land Use Concept Plan provided as Attachment B and an illustrative plan included as Attachment C.

 

The applicant has investigated a number of fundamental issues relating to the orderly arrangement of development of the site.  This includes traffic movement both internal and external to the site (Jacobs SKM), storm water management including the interface with the southern (New River) wetlands (Cardno and Ecoscape).  These studies have been assessed by traffic engineers engaged by the City (Arup) to assess the site and network impact, and stormwater management and the wetland by the Department of Water and the Department Parks and Wildlife.  All have contributed to the assessment of the revised Land Use Concept Plan.

 

It is understood that the development of buildings on Lot 17 will not necessarily be undertaken by one land owner or proponent in the form of a single, integrated development.  It is instead envisaged that the land will be subdivided and sites will then be developed at different times by da range of different proponents.

 

The endorsement of the WAPC is not required for the Land Use Concept Plan, but ultimately it is the WAPC that will approve any subdivision to follow.  As such, the Council needs to consider not only its views of the key issues, but also what the WAPC’s views are likely to be – as the City does not want to have a situation in which significant departures from the Land Use Concept Plan are required by the WAPC at subdivision stage, and those changes undermine the City’s key planning and strategic objectives.

 

STATUTORY ENVIRONMENT

 

Local Planning Scheme 21

 

The purpose of a Land Use Concept Plan is to augment the Scheme but it cannot supplant it.  The Land Use Concept Plan is therefore read in conjunction with the Scheme; but to the extent of any inconsistency the Scheme will prevail.

 

The subject land is zoned ‘Restricted Business’ under the City of Busselton Local Planning Scheme No. 21 (the Scheme).  That zoning ordinarily allows for showrooms, other bulky goods retailing, as well as other service commercial and light industrial purposes. The zoning does not, however, ordinarily allow for offices or for ‘shops’ (in town planning terms), such as supermarkets or discount department stores.  Additional Use 64 (A64), however, provides a discount department store can be approved on the site. A64 sets out that -

 

1.     The additional use specified shall be deemed to be a “D” (i.e. a ‘discretionary’ use) use for the purpose of Part 4 of the Scheme.

 

2.     Development shall be in accordance with a Land Use Concept Plan adopted by Council.  The additional use specified shall comprise a single discount department store with a gross leasable floor area of not less than 5,000m² and not more than 8,000m².

 

The Scheme also includes special provisions (SP26) that require that -

 

1.     Development shall be in accordance with a Land Use Concept Plan adopted by Council.

 

2.     Development of the land shall make provision for public access and dual use path connections between Prince Regent Drive and Bussell Hwy and West Street in the first stage of development, at the full cost of the developer and to the satisfaction of the local government.

 

3.     Development shall make provision for a foreshore and drainage reserve incorporating appropriate wetland buffers and providing for long term public access on site in the first stage of development, to the satisfaction of the City. The reserve is to be surrendered to the Crown free of cost for vesting in the local government.

 

4.     A Stormwater and Drainage Management Plan shall be prepared by the developer prior to any subdivision or development that addresses, inter alia, the management of stormwater on site, the provision of nutrient and pollution stripping mechanisms, and avoids adverse impacts on the adjacent wetlands, including during construction, to the satisfaction of the Department of Parks and Wildlife and the local government.

 

5.     Development shall address the interface with adjacent Residential zoned land to ensure an appropriate level of amenity and privacy by achieving low impact development outcomes adjacent to the Residential zoned land to the satisfaction of the local government.

 

6.     Dust and Noise Management Plans are to be prepared and implemented to the satisfaction of the City in order to maintain the amenity of adjoining residential areas.

 

RELEVANT PLANS AND POLICIES

 

Busselton Wetlands Conservation Strategy

 

The Wetlands Conservation Strategy was adopted by the Western Australian Planning Commission (WAPC) in late 2004 to provide a framework to guide the sustainable land use and management of the biodiversity and environmental values of the Busselton Wetlands, which extend from the Broadwater Wetlands to the Wonnerup Estuary. 

 

The area immediately adjoining the southern boundary of Lot 17 is identified in the Strategy as the ‘New River’ wetlands and is an existing Conservation/Recreation reserve.

 

The Strategy indicates that urban development should be confined to areas committed by zoning pursuant to the Scheme and any endorsed structure plans or planning strategies. 

 

Stormwater Policy

 

Relevant provisions from the Policy include:

 

Stormwater is to be retained for use and/or infiltration within the lot at a rate of 1m3 per 40m2 of impervious area

 

Stormwater from the site does not adversely impact the quality of receiving waters, including drains, groundwater, waterways, wetlands and Geographe Bay through the use of Water Sensitive Urban Design techniques such as:

 


 

a)         Biofilters

b)        Infiltration trenches utilising amended soils for nutrient management

c)         Dry or ephemeral detention areas

d)         Living streams

e)         Constructed wetlands

 

A 5 Year ARI means the five year average recurrence interval, of a one hour duration, which for Busselton and Dunsborough areas equates to 25mm of rainfall. The volume of stormwater runoff from impervious surfaces equates to 1m3 per 40m2.

 

Car Parking Policy

 

Shop (DDS)          1 space per 30m2 of ‘gross leasable area’ plus 1 loading bay per development

 

Showroom          1 space per 50m2 of ‘gross leasable area’ plus 1 loading bay per development

 

FINANCIAL IMPLICATIONS

 

The Officer recommendation is to adopt the revised Land Use Concept Plan, and there are no direct financial implications for the City.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

The revised Land Use Concept Plan was advertised in accordance with Clause 7.6 of the City of Busselton Planning scheme 21.  Advertising commenced on 17 April 2015 and closed on 15 May 2015.

 

14 submissions were received, four from Government Agencies. Attachment D is a summary of the submissions received, officer assessment and recommendation.

 

OFFICER COMMENT

 

Having further assessed the draft Land Use Concept Plan in light of the submissions received, officers are of the view that there are four key issues that need to be considered by the Council in adopting the Land Use Concept Plan for final approval. In summary, those issues are –

 


 

·    Overall traffic management and impacts;

·    Detailed design and layout of intersections and access;

·    Staging and implementation; and

·    Wetland and water considerations.

Each of those issues is outlined and discussed below, under appropriate sub-headings.

 

Overall traffic management and impacts

 

A number of submissions, including a submission from Main Roads WA, raises concerns about the proposed approach to overall traffic management and impacts. In practical terms, the proposed approach to overall traffic management is as follows –

 

·    A roundabout intersection on West Street, capable of being developed into a two-lane roundabout when West Street is upgraded to four lanes in future;

·    Two left-in/left-out intersections from the site onto Bussell Highway;

·    Heavily restricting the northern access onto West Street, opposite Peel Terrace; and

·    Providing two east-west traffic links through the site, including a secondary one along the northern boundary of the main portion of the site.

 

This approach was developed following extensive assessment and discussions involving the proponents, City officers and specialist traffic/transport consultants engaged both by the proponents and the City. A range of options were assessed, and three of the key difficulties for all those involved was that the network in the vicinity of the site is problematic at times currently, there is other development proposed that also needs to considered and a range of network change options being considered, some of which might have significantly more impact on the network in the vicinity of the site than would the development that would be facilitated by the Land Use Concept Plan.

 

Main Roads WA have suggested that further consideration be given to allowing traffic to transit the site, to reduce the amount of traffic using the West Street/Bussell Highway/Albert Street intersection. That would essentially require that one of the Bussell Highway intersections into the site allow for right turn movements – certainly right turn movements into the site from Bussell Highway and most likely the westernmost access. That was not and continues to not be supported by City officers because the Bussell Highway road reserve is not wide enough to accommodate a right turn pocket (or a roundabout – which would require even more land to be acquired), and the City’s own engineering staff, the City’s specialist, external traffic consultants and the proponents’ traffic consultants were all of the view that neither a roundabout or a signalized intersection is desirable in that location. The City’s traffic consultants also modelled the potential benefits to the broader network of allowing more traffic to transit the site, and in particular how much traffic would be drawn away from the West Street/Bussell Highway/Albert Street intersection, and found that the benefits would not be significant.

 

Neither City officers nor the City’s traffic consultants agree with Main Roads WA that the current light phasing at the West Street/Bussell Highway/Albert Street intersection is optimal. It is difficult to know at this stage exactly what changes might be most appropriate – as that is dependent to some degree on what and when new development occurs, as well as what other road network changes may be made, especially along West Street and Causeway Road. Those are matters being explored as part of the Busselton Traffic Study process, on which Councillors have decided to have a further workshop. It is not seen as appropriate, however, to defer consideration of the Land Use Concept Plan pending that process.

 

Detailed design and layout of intersections and access

 

Submissions have been received from the owners of sites on West Street, in the vicinity of the proposed roundabout location, expressing concern about the location of the proposed roundabout, and how it may affect use of existing accessways into the Busselton Toyota and Home Hardware sites. Following discussions with the other landowners and the proponents, there is understood to be consensus that moving of the roundabout approximately 30 metres to the south would address those concerns. As such, the officer recommendation proposes that the Land Use Concept Plan be amended to illustrate that change. Whilst not directly relevant to consideration of the Land Use Concept Plan at this time, it is the view of City officers that access from West Street into both the Busselton Toyota and Home Hardware sites will eventually need to be restricted to left-in/left-out access only.

 

The other detailed design issue relates to the proposed public access easement along the northern side of the main portion of the site. Several submissions have raised concerns with different aspects of this proposal. One, from the owner of Lot 300 has raised concerns to the effect that they would like to purchase portion of the land along their southern boundary, and that the easement would effectively run through the centre of their, enlarged site. Other submissions raise concerns about potential anti-social behavior in this area. City officers are strongly of the view that this access needs to be provided for, for two reasons: (1) There is an easement over the proponent’s land in favour of the owner of Lot 143, providing rear access to their site and that needs to be maintained – it is considered by City officers, however, that access direct to West Street from that location will eventually need to cease entirely (for safety reasons) and an alternative means of rear access needs to be provided, and that needs to be in a westerly direction; and (2) All of the lots fronting Bussell Highway will likely be under redevelopment pressure in coming years and decades and to support that and also facilitate effective traffic management along Bussell Highway, rear access to those sites will be of great potential benefit.

 

Staging and implementation

 

It has already been noted that the first stage of implementation is likely to involve subdivision of the site, following which different sites will be developed by different proponents, at different times. It is not envisaged that there will be a single development application providing for development across the whole of the site. That means that the last opportunity to effectively address planning issues in a holistic fashion across the site will be in association with the subdivision process. Following discussions with the proponents, two minor changes are proposed to ensure an integrated approach where that is necessary.

 

The first change is to amend Condition 5 of the Land Use Concept Plan to make it clear that an Urban Water Management Plan will be required for the whole of the site prior to any development or subdivision occurring. That will ensure that the detailed issues raised by the Department of Water are effectively addressed before the site is fragmented and integrated approaches become much more difficult.

 

The second change is to require construction of the main vehicular access ways (i.e. those specifically illustrated on the Land Use Concept Plan) and main car parking area (i.e. the car parking area adjacent the proposed DDS site and south of the main east-west access way) as part of the first stage of development or subdivision. That will essentially ensure that there is sufficient car parking provided across the site, no matter what order each development site is delivered (because the main car parking area actually provides sufficient parking for the whole of the site) and that individual sites will have appropriate access when they are actually developed.

 

Wetland and water considerations

 

Throughout the somewhat complicated history of the planning for this site, wetland and water considerations have proven problematic. There have been a number of points at which one party or another has considered that the issues have been comprehensively addressed and resolved but, when one looks at the details of the outcome, it is clear that the issues have not actually been fully addressed. In some senses, the issues will not be fully addressed until such time as there is a subdivision approval in place.

The Department of Water and Department of Parks & Wildlife have both expressed a view that a greater wetland buffer should be ceded than what is illustrated on the Land Use Concept Plan – and arguably application of relevant policies would indicated that perhaps 30-50 metres of additional land might be categorised as ‘wetland’. Because of the highly modified nature of the site, however, it is quite difficult to clearly identify where the wetland ‘boundary’ is and therefore where a ‘wetland buffer’ should extend to. Resolution of that question would generally require a detailed geomorphological survey, which has not actually taken place.

 

Officers have essentially focused on considering this issue in terms of environmental and strategic risk – essentially, what would the environmental risks be if development proceeds as illustrated on the draft Land Use Concept Plan and, alternatively, what would the strategic risk for other City objectives be (such as capacity to accommodate development, ability to provide appropriate access and car parking) if development needs to move north by around 30 metres following WAPC consideration of a subdivision application? Officers do not consider that there are significant risks to the City from either potential outcome and, as such, officers are of the view that no change to the Land Use Concept Plan be required. It should be noted, however, that should there be any consideration of requiring development to be moved north, City officers are of the view that there should be no compromise in terms of requiring a functional dual use path to be delivered along the whole of the southern boundary of the site – as providing access to and awareness of the wetlands is a significant strategic issue for the City.

 

CONCLUSION

 

It is considered that the Land Use Concept Plan can be adopted for final approval, with the relatively minor changes recommended by officers, thereby facilitating development of the land to improve the range of retail and commercial services and facilities available locally.

 

The proponent has been made aware of the changes sought by the City and has provided an annotated version that generally aligns with the Officer Recommendation.  The Annotated LUCP with changes marked in red is attached Attachment E.  Adoption of the Officer Recommendation will allow some final refinement by the City to the Annotated LUCP, but ostensibly adoption of the Officer Recommendation will adopt that which is illustrated and described in the Annotated LUCP.

 

OPTIONS

 

1.    Reject the Land Use Concept Plan in favour of the current Land Use Concept Plan.

2.    Approve the Land Use Concept Plan without any change.

3.    Make further or different changes to those proposed by officers.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

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

 

Council Decision and Officer Recommendation

C1506/173              Moved Councillor G Bleechmore, seconded Councillor T Best

 

That the Council, pursuant to Section 7 of the City of Busselton Local Planning Scheme 21, adopt the draft Land Use Concept Plan for Lot 17 West Street included as Attachment B, subject to the following modifications

1.    The roundabout intersection to West Street shall be moved 30 metres to the south, and a notation added indicating that ‘detailed design of roundabout to ensure existing access into Busselton Toyota (Lot 500) and Home Hardware (eastern side of West Street) sites is maintained’.

2.    Existing Condition 9 to become Condition 9B and new Condition 9A to be included as follows: ‘All public access easements and the car park area south of the 15.7m wide public access easement to be constructed in full as part of the first stage of subdivision or development, whichever occurs first’.

3.    Existing Condition 5 to be replaced with: ‘An urban water management plan for the whole of the site to be submitted and approved prior to the first stage of subdivision or development, whichever occurs first’.

CARRIED 8/0

En Bloc

  


Council                                                                                      35                                                                      24 June 2015

12.             Engineering and Work Services Report

12.1           PROPOSAL TO IMPROVE RECYCLING RATES OF PLASTIC CONTAINERS IN DOMESTIC WASTE

SUBJECT INDEX:

Waste Management

STRATEGIC OBJECTIVE:

Environment and climate change risks and impacts are understood and managed.

BUSINESS UNIT:

Operations Services

ACTIVITY UNIT:

Operations Services

REPORTING OFFICER:

Waste Coordinator - Vitor Martins

AUTHORISING OFFICER:

Director, Engineering and Works Services - Oliver Darby

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

 

PRÉCIS

 

The existing kerbside recycling contract includes recycling of paper/cardboard, glass, metal and plastic containers. However, the latter are limited to plastics coded 1, 2 & 3: Polyethylene Terephthalate (PET), High Density Polyethylene (HDPE) and Polyvinyl Chloride (PVC).

 

The current report proposes to expand the scope of the plastic containers that are recyclable, to additional codes 4, 5, 6 and 7: Low Density Polyethylene (LDPE); Polypropylene (PP), Polystyrene (PS) and other (mixed) plastics, thus significantly improving recycling rates in accordance with available market possibilities, technical options, recycling trends/modern practice and Community expectations.

 

 

BACKGROUND

 

Perth Waste Green Recycling, based in Perth, operates the contract for kerbside recycling collection to householders in the district.

 

Under this arrangement a 240 litre Yellow Lid Bin recycling service is provided to residents and commercial premises. Recycling bins are emptied once a fortnight, on the same day as the rubbish bin.

 

Materials recycled include plastics (PET, HDPE and PVC), glass bottles/jars, beverage cartons, steel and aluminium cans and paper and cardboard. These materials are collected and transported to Perth Waste Green Recycling material recovery facility (MRF) located in its Perth Operations Centre, Perth.

 

As indicated, the current plastic recyclables allowed are Plastics Codes 1, 2 & 3.

 

The recycling contractor has approached the City recently with a proposal to recycle plastic codes 1 – 7 on the basis that they currently have contracts with other local government authorities that allow for that at their new material recovery facility (MRF) and appropriate arrangements with recycling industry operators.

 

Additional plastics would include Low Density Polyethylene (LDPE); Polypropylene (PP), Polystyrene (PS) and other (mixed) plastics.

 


 

STATUTORY ENVIRONMENT

 

Section 5 of the Waste Avoidance and Resource Recovery Act 2007 is applicable, with the primary objects of this Act are to contribute to sustainability, and the protection of human health and the environment, in Western Australia and the move towards a waste-free society by –

 

a)    promoting the most efficient use of resources, including resource recovery and waste avoidance; and

b)    reducing environmental harm, including pollution through waste; and

c)    the consideration of resource management options against the following hierarchy –

(i)            avoidance of unnecessary resource consumption;

(ii)           resource recovery (including reuse, reprocessing, recycling and energy recovery);

(iii)          disposal.

 

The Act defines “Local Government Waste” as including, among other types, waste from residential sources (Section 3 (1)). This Act requires Local Governments to plan and provide waste services in a manner that is consistent with the State’s Waste Strategy (Sections 40 (2) (4)see below).

 

According to Section 67(a) of the Act a Local Government may provide for the proper disposal of waste by making an annual charge per waste receptacle.

 

RELEVANT PLANS AND POLICIES

 

The Western Australian Waste Strategy: “Creating the Right Environment” (2012) is the major policy providing waste management strategic direction in WA.

 

The major principles that underpin the Strategy include:

 

·    Waste minimisation and waste avoidance – in which all reasonable and practicable steps should be taken to minimise the generation of waste and its discharge to landfill and the Environment

·    Promoting the most efficient use of resources, including resource recovery

·    Considering management options against the waste hierarchy of avoidance, recovery (including reuse, reprocessing, recycling and energy recovery) and disposal

·    User pays and polluter pays – where those who generate waste bear the full lifecycle cost of managing their waste.

 

The Waste Authority also had regard to the following principles in developing the Strategy:

 

·    Government leading by example

·    Benchmarking and demonstrated best practice

·    Continuous improvement.

 

The Strategy indicates that, “as the level of government closest to the community local governments will play an increasingly important role in providing information, infrastructure and incentives to promote behaviour change in their communities.

 

FINANCIAL IMPLICATIONS

 

As per Perth Waste Green Recycling proposal, an additional charge of $0.12 per lift (to be varied by 2% CPI next year), would accrue if the City adopts the proposal to recycle additional plastics (the new range would include virtually all plastics). This would represent a 9.3% increase from the current $1.72 per lift (which is CPI adjusted from original $1.64 per lift price in 2012) to $1.88 per lift (in 2015/2016).

The proposed pricing will be subject to the contract Rise and Fall schedule on the applicable dates (that is, CPI adjustment each year).

 

If approved, the proposal would result in an additional yearly charge to the City in the order of $56,000 plus GST (considering the existing 17,500 bin lift services, serviced fortnightly), over the remaining 2 years of the existing contract. This includes both collection and processing of the materials at the material recovery facility (MRF).

 

The proposed increase would still fall within the operating budget income for recycling services.

 

Long-term Financial Plan Implications

 

There will be no implications for the long term financial plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Relevant Strategic Community Plan Objectives are as follows:

 

Key goal area 5. Cared for and enhanced environment

5.3 Environment and climate change risks and impacts are understood and managed.

 

RISK ASSESSMENT

 

No risks of medium or greater have been identified.

 

CONSULTATION

 

N/A

 

OFFICER COMMENT

 

The current plastic container recyclables allowed as per the contract with Perth Waste Green Recycling are Plastics Codes 1 ,2 & 3, which are as follows:

 

These are within the scope of the fortnightly collection, currently charged at $72 per year per property.

 

The operational implications of this are threefold:

 

a)    all recycling education and communication targeting the community has been focusing on a limited scope in regards to plastic containers. It typically includes only a limited set of plastic materials Polyethylene terephthalate (PET), High density polyethylene (HDPE) and Polyvinyl chloride (PVC);

b)    as a result, all other plastic materials are, in general, being disposed of in the general waste bin, thus taking up the corresponding landfill airspace;

c)     other plastic materials that some residents might be disposing of in the recycling bin are not accounted for in the current recycling rates, but as refuse.

 

According to Perth Waste Green Recycling’s proposal, recyclable Plastics Codes 1 -- 7 would be as follows:

 

Plastics account for 4.0% of the recycling bin and 2.3% of the general waste bin, in a two-bin rural/regional setting like Busselton (source: Talis Consultants’ Waste Strategy study, 2015).

 

The yearly recycling bin output is 1,500 tonnes thus yielding 60 tonnes of plastic.

 

The yearly general waste output is 12,500 tonnes, thus yielding a theoretical output of 290 tonnes of plastic. Thus, the potential to improve plastics recycling thorough the promotion of additional recycling possibilities among the community is an estimated 290 tonnes per annum, which is almost 5 times the existing plastic recycling figures –; a significant number by all accounts.

 

Hence, if the proposal was adopted those target materials that are currently found in the recycling stream as “refuse” and in the general waste stream, would likely significantly contribute to increasing the City’s recycling rates and diversion from landfill.  The proposal if adopted would need to be complemented with active community engagement (recycling education).

 

This new recycling arrangement would be covered by the information provided in the recycling calendar for the next financial year, which is due to be finalised and sent in July.

 

To support Councils’ waste and recycling communications, Perth Waste Green Recycling are incorporating a resource centre for residents on their new website, which will launch in early June 2015. They would welcome the City to direct ratepayers to their website for information on their recycling service.  The appropriate version of the “recyclables accepted and processed” information sheets will feature on their website dependent on which version the City would like to provide to their ratepayers.

 

In regards to long term plans to consider a waste to energy solution for the whole of the Southwest, this proposal would not interfere with that objective.

Plastic materials are responsible for a major component of the mixed waste’s calorific value and additional recycling would thereby reduce general waste’s calorific value (and corresponding waste to energy potential).

 

However, the current proposal would not impact on the long term waste to energy plan, as regulatory authorities would approve waste to energy only for the residual waste component, that is, waste that is non-recyclable. This is in accordance with the waste hierarchy principle adopted by the Waste Avoidance and Resource Recovery Act 2007 and the Western Australian Waste Strategy (2012).

 

Hence, recyclable plastic containers would not be target materials for waste to energy, and the proposed additional recycling would constitute an additional and practicable step towards reducing landfill disposal and compliance with the waste hierarchy principle.

 

Moreover, increased recycling – as proposed –is generally in line with the community’s expectations and modern best practices, and would directly contribute towards achieving the key strategic goal area of caring for the environment.

 

CONCLUSION

 

This proposal has the potential to significantly contribute to additional diversion of waste from landfill, as it would allow the City to actively promote recycling of those additional plastic materials. Further, it would do so at a reasonably low additional cost, easily funded from current and projected surplus from recycling operations.

 

OPTIONS

 

Council could decide not to approve the proposed change, in which case recycling effort would remain unchanged, and an estimated 290 tonnes per year of recyclable material would continue to be disposed of at the landfill.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

This will take effect in the new financial year, that is, from July 1st, 2015 until the end of the contract (1 July, 2017).


 

 

Council Decision and Officer Recommendation

C1506/174              Moved Councillor G Bleechmore, seconded Councillor T Best

 

That the Council approves the amendment to the existing kerbside recycling contract, as follows:

 

“Table A1 Materials to be accepted” in Attachment A of the Contract, from:

 

Table A1 materials to be Collected

Glass bottles/containers/jars

Polyethylene teraphtalate (“PET”)

High density polyethylene (“HDPE”)

Polyvinyl chloride (“PVC”)

Aluminium cans/containers/foil

Steel cans/containers

Paper and cardboard

Liquid paper board

Such other materials as the parties agree from time to time

 

To:

 

Table A1 materials to be Collected

Glass bottles/containers/jars

Polyethylene teraphtalate (“PET”)

High density polyethylene (“HDPE”)

Polyvinyl chloride (“PVC”)

Low density polyethylene (“LDPE”)

Polypropylene (“PP”)

Polystyrene (“PS”)

Other plastics

Aluminium cans/containers/foil

Steel cans/containers

Paper and cardboard

Liquid paper board

Such other materials as the parties agree from time to time

 

Amend Attachment C of the Contract from:

 

“Contract Price” means $1.64 (plus GST) per Lift”

 

To:

 

“Contract Price” means $1.88 (plus GST) per Lift (for the financial year starting in 1/7/2015)”

 

CARRIED 8/0

En Bloc

 

 

  


Council                                                                                      41                                                                      24 June 2015

15.             Chief Executive Officer's Report

15.1           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Councillors' Information

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Executive Services

ACTIVITY UNIT:

Executive Services

REPORTING OFFICER:

Reporting Officers - Various .

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Circular 07-2015

Attachment b    Planning Applications Received 16 to 31 May, 2015

Attachment c    Planning Applications Determined 16 to 31 May, 2015

Attachment d   State Administrative Tribunal Applications for Review as at 31 May, 2015

Attachment e    Margaret River Busselton Tourism Association

Attachment f    Marketing and Events Reference Group Meeting Minutes 15 May 2015

Attachment g   Busselton Performing Arts Centre Working Group Meeting 25 May 2015 Minutes

Attachment h   Busselton Jetty Reference Group Meeting 29 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

15.1.1    City of Busselton Surf Lifesaving Services

 

Correspondence has been received from Colin Barnett, MLA, Premier of Western Australia:

 

 “Dear Mayor

 

Thank you for your correspondence seeking additional support for surf lifesaving services in the City of BusseIton.

 

The State Government acknowledges the vital contribution Surf Life Saving WA (SLSWA) plays in our community.

 

Currently, the State Government provides $2.6 million each year to SLSWA to conduct helicopter patrols in the metropolitan and South-West areas. In addition to this, an additional $175,000 each year is provided to SLSWA for the operational costs of the jet-ski program.

 

Since 2008, the Government has invested over $26 million in shark hazard mitigation strategies. These include:

 

• aerial and beach patrols in the metropolitan and south west areas;

• research into shark behaviour, shark population estimates and non-lethal detection and deterrent technologies;

• increased volunteer beach patrols and lifeguard operations;

• a public education campaign which includes the SharkSmart website ww.sharksmart.com.au); and

• beach enclosures at BusseIton and Old Dunsborough.

 

In 2014, the State Government provided SLSWA with an additional $650,000 to extend aerial patrols to cover the school holiday period, before daily patrols started over the summer period (from November 24, 2014 to February 4, 2015). The new arrangement saw an additional 65 patrol days and 280 patrol hours for the South-West and continuation of this service is being considered in the 2015/16 Budget.

 

These considerable measures address a number of key water safety and shark mitigation initiatives as identified in close consultation with SLSWA. I consider that SLSWA are provided with sufficient funding to ensure the provision of these measures within the region and therefore, further funding to the City of BusseIton for the extension of SLSWA resources is not supported at this time.

 

I would like to thank the City for its approach to managing shark hazard and beach safety in the South-West region.”

15.1.2    Busselton Red Cross Unit 100th Anniversary – Certificate of Appreciation

 

Correspondence has been received from Dianne Buckles, Chairman, Australian Red Cross:

 

“On behalf of Red Cross, I have pleasure in awarding the City of BusseIton with a Certificate of Appreciation.

 

I am very happy to have this opportunity to thank you and your Councillors for your financial assistance and support during preparations for the celebration of the BusseIton Red Cross Unit's 100th Anniversary which was held on Monday 4 May 2015. The BusseIton members are extremely grateful for all your help in making this a very special occasion.

 

It is only with the support of local community members that Red Cross is able to continue to provide its many services which help vulnerable people in our community and I am very grateful for your support.

 

Once again, please accept my sincere thanks and best wishes.”

 

A copy of the Certificate of Appreciation is available to be viewed in the Councillors’ Office.

15.1.3    Circular No 07-2015 Compulsory Microchipping for All Dogs as of 1 November 2015

 

Circular No 07-2015 Compulsory microchipping for all dogs as of 1 November 2015 from the Director General, Department of Local Government and Communities, Jennifer Mathews is provided at Attachment A.

15.1.4    Planning & Development Services Statistics

 

Planning Applications

 

Attachment A is a report detailing all Planning Applications received by the City between 16 and 31 May, 2015.  Thirty six formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 16 and 31 May, 2015.  A total of twenty seven applications (including subdivision referrals) were determined by the City during this period with all approved / supported.

15.1.5    State Administrative Tribunal (SAT) Appeals

 

Attachment C is a list showing the current status of State Administrative Tribunal Appeals involving the City of Busselton as at 31 May, 2015.

15.1.6    Demolition of Nautical Lady and Development of Busselton Foreshore Precinct

 

A letter has been received from Pip Close, Chief Executive Officer, Margaret River Busselton Tourism Association in relation to the demolition of the Nautical Lady and development of the Busselton Foreshore Precinct. A copy of the letter is provided at Attachment E.

15.1.7    Marketing and Events Reference Group Meeting 15 May 2015 - Minutes

 

A meeting of the Marketing and Events Reference Group was held on 15 May 2015. The meeting minutes are provided at Attachment F.

15.1.8    Busselton Performing Arts Centre Working Group Meeting 25 May 2015 - Minutes

 

A meeting of the Busselton Performing Arts Centre Working Group was held on 25 May 2015. The meeting minutes are provided at Attachment G.

15.1.9    Busselton Jetty Reference Group Meeting 29 May 2015 - Minutes

 

A meeting of the Busselton Jetty Reference Group was held on 29 May 2015. The meeting minutes are provided at Attachment H.

 

Council Decision and Officer Recommendation

C1506/175              Moved Councillor G Bleechmore, seconded Councillor T Best

 

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

·    15.1.1              City of Busselton Surf Lifesaving Services

·    15.1.2              Busselton Red Cross Unit 100th Anniversary – Certificate of Appreciation

·    15.1.3              Circular No 07-2015 Compulsory Microchipping for All Dogs as of 1                                     November 2015

·    15.1.4              Planning & Development Services Statistics

·    15.1.5              State Administrative Tribunal (SAT) Appeals

·    15.1.6              Demolition of Nautical Lady and Development of Busselton Foreshore Precinct

·    15.1.7              Marketing and Events Reference Group Meeting 15 May 2015 – Minutes

 

·    15.1.8              Busselton Performing Arts Centre Working Group Meeting 25 May 2015 -                        Minutes

·    15.1.9              Busselton Jetty Reference Group Meeting 29 May 2015 - Minutes

 

CARRIED 8/0

En Bloc

 


Council                                                                                      45                                                                      24 June 2015

ITEMS CONSIDERED BY SEPARATE RESOLUTION

 

At this juncture, in accordance with Clause 5.6 (3)(a) & (b) of the Standing Orders, those items requiring an Absolute Majority or in which Councillors had declared Financial, Proximity or Impartiality Interests were considered.

10.3           Finance Committee - 4/06/2015 - CULTURAL PRECINCT ACTIVATION ACTIVITIES

SUBJECT INDEX:

Arts & Culture

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Development

REPORTING OFFICER:

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Cultural Precinct Activation Strategy

Attachment b    Blackboards and Community Art Projects  

 

This item was considered by the Finance Committee at its meeting on 4 June 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to seek Council’s approval to amendment the 2014/15 adopted budget to enable activities to support the activation of the Cultural Precinct, as per the Cultural Precinct Activation Plan.  A budget amendment to transfer $3,900 from the Cultural Development Marketing and Promotions budget (330-10900-3623-0000) to Other Capital Expenditure Expense Offset Account Furniture and Equipment (330-10900-7743-0000) is proposed to purchase equipment for the vacant lot in the Cultural Precinct.

 

 

BACKGROUND

 

The Cultural Precinct is the focal point for art and cultural pursuits within the City and includes the ArtGeo Cultural Complex and the Weld Theatre. The Cultural Precinct Activation Plan (CPAP) (Attachment A) is an operational document that contains ideas for meaningful activities and projects that aim to activate the Precinct by increasing the community’s awareness of the area and bringing more people to visit the heritage buildings and art gallery.

 

The CPAP has four key elements as follows:

•     Cultural Precinct Reference Group

•     ArtGeo Stakeholder Group

•     Value adding to existing opportunities

•     Identifying new opportunities.

 

Each of these elements, whilst inter-related, have specific focus areas and targets for implementation.  Specifically these include:

                   

Cultural Precinct Reference Group

This group comprises City officers across a number of directorates that develops strategies and initiatives to specifically activate the Cultural Precinct.  Strategies include:

 

1.    Events

2.    Streetscape initiatives

3.    Public Art

4.    Interpretation and cultural heritage information

5.    Activation projects, infrastructure and programs

6.    “Pop up” art and cultural initiatives

7.    Community Art

 

ArtGeo Stakeholders Group

The stakeholder group is a network of representatives of community groups and artists who work and operate within the Cultural Precinct. The group is encouraged to:

·    develop and undertake projects and form partnerships with each other

·    develop and undertake projects with City officers and external agencies as appropriate, including the initiation and preparation of grant applications for identified projects and programmes

·    share information and facilities and assets where possible

·    meet quarterly at alternate venues in the precinct to share plans, discuss issues and collect ideas.

 

Value Adding to Existing Opportunities

Due to the success of stakeholders and Officers working together there are a number of initiatives that have been completed or are well underway, these include:

·    Business and Marketing Plan for the ArtGeo Cultural Complex

·    Fringe Festival  annual event

·    “Legendairy” Cow  installation in the Courtyard

·    Initiatives to increase patronage of the Post Office Tea Room

·    The vacant lot between the ArtGeo Gallery and the Weld was turfed with lawn to provide a place of rest, passive recreation and activation by markets

·    Settlement Art Project continues to gain momentum with funding for the third sculpture almost attained, new fundraising activities are already being planned for 2015/2016

·    Heritage Tours were trialled for the Cruise ship visits and proved so successful, that they are now conducted most weekends and once a week, a few times a day

·    Studio Artists program is revitalised providing opportunities to a range of artists emerging and professional

·    Officers have collaborated with and encouraged community groups leasing premises to create business plans

·    The courtyard is utilised more by the Youth Development Team as an outdoor concert venue

·    Increased Fodder Room hire from a broader range of people.

 

New Opportunities Developed

Many new opportunities identified in the plan have either now been or are being implemented. These include the following:

·    Arts projects – for example, Rio Tinto’s FIVE which rolled out in November 2013, provided a showcase for community engagement in art projects.

·    Rio Tinto and CinefestOz have booked the Cultural precinct for a festival to run Aboriginal activities and film as part of a high profile art exhibition called Colours: From Country to Coast featuring Kimberly artists

·    The ArtGeo Coordinator is liaising with Art Gallery of WA to loan the works of local Aboriginal artists to complement the Colours exhibition

·    City’s Acquisitive Prize increased to $10,000 achieved quality outcomes and entries from a broader field.

·    Cruise Ship and Art Geo Markets

·    Heritage interpretation including the use of new technologies

·    A new partnership has commenced with the Busselton Historical Society to loan items for display as part of the interpretation of the Courthouse

·    Pop up food market was trialled during the fringe festival with great success.

·    Recently the Courtyard was used for a special ‘Food event for women only’, coordinated by the South West Catchment Group

·    Busselton Settlement Art interpretation

·    ‘Live’ presentations of the Busselton Settlement Art sculptures at both the Festival of Busselton Float parade and the History Wall unveiling at the 2015 Fringe Festival.

 

Visitation has increased substantially in the Cultural Precinct since the CPAP was developed, with the number of visitors surpassing expectations. There was a spike in visitor numbers during the Rio Tinto “FIVE” project in November 2013. Other factors adding to increased visitation include the addition of the Sunday morning market once a month in spring, summer and early autumn; the ANZAC exhibition; popularity of the café; the heritage tours; and the cruise ship market, which is now attracting locals as well as visitors. Many of the locals have reported being first time visitors to the precinct. This shows that there is opportunity to show off the Cultural Precinct to local people and thereby increase awareness and visitor numbers with meaningful activities and projects.

 

This report details an opportunity, within existing budget, to activate the lawn area between the Weld Theatre and the ArtGeo Gallery with equipment that stimulates conversation, thought and activity across generations.

 

STATUTORY ENVIRONMENT

 

Under Section 5.8 of the Local Government Act 1995 (the Act), a local government, by absolute majority, may establish committees of three or more persons to assist the Council, and to exercise the powers and discharge the duties of the local government that can be delegated to committees.  Authority can be delegated to formally constituted Committees of Council in accordance with Sections 5.16 and 5.17 of the Act.

 

Under Section 6.8 of the Act, expenditure that is not included in the annual budget requires a resolution in advance of the expenditure with Absolute Majority.

 

RELEVANT PLANS AND POLICIES

 

·    Social & Ageing Plan 2012 – 2020

·    Cultural Precinct Activation Plan

 

FINANCIAL IMPLICATIONS

 

The following budget amendment is recommended, noting that there is no net cost to the City.

 

Description

 Account String

2014/15 Adopted Budget  $

 2014/15 Amended Budget (PROPOSED)  $

Variance $

Cultural Planning Marketing & Promotions

330-10900-3623-0000

6,241

 1701

-4,540

Cultural Planning Expense Offset Account -Furniture & Equipment

330-10900-7743-0000

126,050

126,490

 4,540

Net Variance

 

 

 

0

 


 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

Well Planned, Vibrant and Active Places

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

2.2          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 by the City’s risk assessment framework.  There are no identified risks associated with the officer recommendation.

 

CONSULTATION

 

Stakeholders at the ArtGeo Cultural Complex have also been consulted on the proposal. This was met with positive feedback and a willingness to assist, wherever possible, in the risk management controls above to ensure that the equipment is safe and well looked after.

 

OFFICER COMMENT

 

Through the creation of the CPAP many activities and projects have already been implemented which have resulted in increased visitors to the area. Activation requires some stimulation. Case study analysis from around the world points to ideas which are simple and increase public participation and thereby activate areas. Blackboards have been a popular means of generating interaction. They can be free standing, painted on vacant buildings or decrepit fences.  A blackboard is a place for the community to leave a mark or comment, albeit permanent or temporary, in a meaningful way. See Attachment B - Blackboards and Community Art Projects, for examples.

 

An oversized, moveable blackboard is proposed to provide a place where the community can express themselves on changing topics in an interactive environment. It can be placed on the green lawn adjacent to the ArtGeo Gallery and can be moved to other locations on occasion for events or projects.

 

On the blackboard a question is posed for the passer-by who will leave a comment. Questions could include the following:

·    “Joke for the day

·    Proverb of the day

·    Thought for the Day

·    Before I die I want to

·    The best part about where I live,”

 

A great example of the popularity of the blackboard is the “Before I Die global art project”, which invites people to reflect on their lives and share their personal aspirations in a public space. Normally the blackboard is located on a wall of an abandoned house or factory; the words have been repeated and considered by thousands of people across the world and are very deep and meaningful, with 500 of the projects created in over 70 countries.  Staff and volunteers will regularly monitor the blackboard to ensure appropriate posts are made, and will remove anything inappropriate.

 

The second activation strategy activity Officers propose is the placement of an oversized chess set on the grassed area within the Precinct. Chess stimulates conversation and interaction between people. The chess set can be used by all generations and will bring people together to learn new skills and spend time together outside.  The giant chess set in Fremantle was purchased many years ago and is still well utilised. Initially pieces went missing as it was left outside, however in order to mitigate this bench seat was installed with storage underneath so staff are able to put the pieces out each morning and away each evening. Signage has also been erected indicating that the chess set availabile during these times, and that it will be packed away at a certain time even if a game is in progress. Many people use it every day, and it is now an icon for Kings Square. The pieces sit on a board which is durable and long lasting. If supported by Council, the City’s chess would also be stored in a weatherproof, locked storage box adjacent to the grassed area in the Cultural Precinct.

 

Cultural Planning has an annual Marketing and Promotions budget of $6,241, with a balance of $4892.50 remaining year to date. This budget is used for various promotional activities including the Busselton Settlement Art Project. Many activities that were run in the current financial year did not have a cost to the City or cost less than expected.

 

The cost to commission the oversized blackboard is $2,400 (ex. GST) and a chess set is $2,140 (ex. GST), this includes the chess board, the pieces and the lockable storage box as part of the set. The purchase of these items will add to the vibrancy of the Cultural Precinct and add value to the activities that are already occurring. They will also be a useful, fun activity for passengers during Cruise Ship visits and during the local Sunday markets.

 

The Cultural Precinct is a focal point for arts and culture in the City of Busselton and has a space that is vacant and could be easily activated by some small investments in interesting activities within the current financial year’s budget. Interactive equipment provides more than just entertainment. It is a means of engaging the audience to think deeply with feeling, which many activities do not allow a community to do. Providing meaningful engagement is stimulating and thought provoking. In the case of the blackboard, the writer is given authority to express themselves in a real way and give their thoughts about a topic in terms of feelings, memories or ideas.

 

The community enjoys being engaged and enjoys the ability to be expressive. The blackboard project is able to be controlled though moderation however, with public expression, the positive and the negative thoughts can learn to live side by side. The blackboard can also be positioned in places of contradiction, as an alternative form of public consultation which is different from filling in forms or surveys. If it becomes too negative it can easily be moved to a different location or reused for display purposes.

 

A chess set or draughts set which can be borrowed for free is a great way of providing entertainment for people of all ages as well as bringing people to the precinct. The City of Fremantle, has proved how this simple addition can make a real difference in terms of activating an area.

 

Promotion of the equipment can be undertaken through the City of Busselton’s website, ArtGeo website and notice board, Busselton and Dunsborough Libraries and the Busselton Senior Citizens Centre.  Additionally, the retirement villages, schools and community groups can be notified about the games being available.

 

CONCLUSION

 

A budget amendment requesting the transfer of funds from the Cultural Planning ‘Marketing and Promotions' budget to the ‘Other Capital Expenditure Expense Offset Account-Furniture and Equipment’ for the purchase of furniture and equipment will enable the blackboard and chess set to be purchased for the Cultural Precinct. As a strategy of the CPAP, this will add vibrancy to the Cultural Precinct and value-add to the activities that are already occurring to attract people to the area and entertain and keep them there for longer. The blackboard is a means of generating conversation and consultation. The chess or draughts set can bring people of different generations together for a specific purpose of playing together in both a fun and educational form.

 

OPTIONS

 

The Council may choose not to approve the transfer of the funds to purchase equipment for the Cultural Precinct.

 

The Council may choose to allow the purchase of only the blackboard or the chess set.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If approved, the oversized black board would be commissioned immediately. The purchase of the chess set would be immediate and received within one month.

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council approves an amendment to the 2014/15 adopted budget on the following basis:

 

Description

 Account String

2014/15 Adopted Budget  $

2014/15 Amended Budget (PROPOSED)  $

Variance $

Cultural Planning Marketing & Promotions

330-10900-3623-0000

6,241

 1701

-4,540

Cultural Planning Expense Offset Account -Furniture & Equipment

330-10900-7743-0000

126,050

126,490

 4,540

Net Variance

 

 

 

0

 

Note:                 During the meeting, an error was identified in the Cultural Planning Expense Offset Account -Furniture & Equipment (proposed) section of the table in the Officer Recommendation. The

error has been corrected to show the correct amount of $130,590.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council Decision and Committee Recommendation

C1506/176              Moved Councillor J McCallum, seconded Councillor J Green

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council approves an amendment to the 2014/15 adopted budget on the following basis:

 

Description

 Account String

2014/15 Adopted Budget  $

2014/15 Amended Budget (PROPOSED)  $

Variance $

Cultural Planning Marketing & Promotions

330-10900-3623-0000

6,241

 1701

-4,540

Cultural Planning Expense Offset Account -Furniture & Equipment

330-10900-7743-0000

126,050

130,590

 4,540

Net Variance

 

 

 

0

 

CARRIED 8/0

by absolute majority

 


Council                                                                                      53                                                                      24 June 2015

13.             Finance and Corporate Services Report

14.1           CORPORATE BUSINESS PLAN 2015/2016 - 2018/2019

SUBJECT INDEX:

Corporate Business Plan

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Organisational Development

REPORTING OFFICER:

Acting Director, Finance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Acting Director, Finance and Corporate Services - Sarah Pierson

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Corporate Business Plan 2015/2016 - 2018/2019  

  

PRÉCIS

 

This report presents the attached City of Busselton Corporate Business Plan 2015/2016 – 2018/2019 (Attachment A) and seeks Council’s approval and formal adoption of the plan

 

 

BACKGROUND

 

On 26 August 2012 the Minister for Local Government introduced regulations establishing new requirements for the Plan for the Future under the Local Government Act 1995.  Under these regulations, all Local Government Authorities are required to have a Strategic Community Plan spanning a minimum ten year period and a Corporate Business Plan, spanning a four year period.   Local governments are also required to develop a number of informing documents, namely Asset Management Plans for key asset classes, a four (4) year Workforce Plan and a ten (10) year Long Term Financial Plan.  This set of plans and their integration with each other is commonly referred to as the integrated planning and reporting framework.

 

After a program of community engagement, the City of Busselton adopted its Strategic Community Plan 2013 on 27 February 2013, thereby setting the strategic direction for its activities and initiatives for the next 10 years.  The adoption of the City’s first Corporate Business Plan for years 2013/2014 - 2016/2017 then followed.  The Corporate Business Plan was developed after extensive consultation across the organisation and with Council to ensure the plan reflected the City’s services and priority actions for the ensuing four (4) years.  The City also developed its key resourcing documents - Asset Management Plans, a Long Term Financial Plan and a Workforce Plan. 

 

There are three standards for measuring a local government’s integrated planning and reporting performance; basic, intermediate and advanced.  At the very least, the basic standard must be met.  The intermediate and advanced standards reflect the higher levels of planning and integration practices local governments should aspire to as they mature.

 

A minor review of the Strategic Community Plan is conducted every two (2) years and a full review undertaken every four (4) years).  The first minor review was conducted at the beginning of this year, with the Strategic Community Plan 2013 (Review 2015) adopted on X. 

 

The Corporate Business Plan is reviewed annually.  Each review of the Corporate Business Plan considers the relevance of services delivered, assesses the progress of the listed actions and establishes the direction of the corporate actions for the next four (4) years.  In years where a review of the Strategic Community plan has taken place the Corporate Business Plan review must also take into account any changes made to overall strategic direction.

 

STATUTORY ENVIRONMENT

 

Section 5.56 of the Local Government Act 1995 (the Act) requires a local government to plan for the future of the district and to ensure that any such plans are in accordance with regulatory requirements.  Regulation 19(D)(A) of the Local Government (Administration) Regulations 1996 (the Regulations) require the development of a Corporate Business Plan which relates to the whole of the district over a term of at least four financial years.  The Corporate Business Plan must:

 

(1)   Set out the local government’s priorities for dealing with the objectives and aspirations of the community as reflected in the Strategic Community Plan;

(2)   Govern the local government’s internal business planning by ensuring that any priorities referred to in the Corporate Business Plan are within the capacity of the local government’s resources; and

(3)   Develop and integrate matters relating to any Asset Management Plans, Workforce Planning and the local government’s Long Term Financial Plan. 

Regulation 19(D)(A) also requires that the Corporate Business Plan is adopted by an Absolute Majority decision of the Council and that the Corporate Business Plan is reviewed each year.

 

RELEVANT PLANS AND POLICIES

 

The Integrated Planning and Reporting Advisory Standards published by the Department of Local Government and Communities sets out basic, intermediate and advanced standards for each of the components of the integrated planning process.  The City satisfies the basic standards and partially meets the intermediate standard.  All local governments are encouraged to continually improve their integrated planning and reporting processes as they mature.  Currently the City satisfies the basic standard and partially meets the intermediate standard. 

 

The basic standard for a Corporate Business Plan is met when:

 

·          A Council has, by 30 June 2013 or earlier, adopted a Corporate Business Plan that meets all of the listed regulatory requirements;

·          The current year of the Corporate Business Plan establishes the current Annual Budget; and

·          The local government also has in place:

-           a workforce plan that meets the basic standard;

-           asset management key performance indicators that meet the basic standard; and

-           a long term financial plan.

 

The intermediate standard for a Corporate Business Plan is met when:

 

·          The Corporate Business Plan meets the basic standards.

·          Resourcing components (e.g. workforce plan, asset management plan, long term financial plan) have been integrated to drive activities/service delivery.

·          The workforce plan has been developed to an intermediate standard.

·          Key performance indicators for assets meet advanced standards .

·          Financial management key performance indicators meet basic standards.

 

FINANCIAL IMPLICATIONS

 

The review of the Corporate Business Plan for 2015/2016 was completed in-house by Officers and as such the review per se did not have financial implications.

 

Long Term Financial Plan Implications

 

The financial implications of the Corporate Business Plan 2015/2016 – 2018/2019 are reflected in the first four (4) years of the adopted 2015/2016 - 2024/2025 Long Term Financial Plan.

 

Some of the more significant infrastructure projects identified in the Corporate Business Plan will be substantially delivered through borrowings.  Other projects and activities will rely to varying degrees on grant or other external funding sources.  Where this is the case it has been indicated in the plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The draft Corporate Business Plan 2015/2016 – 2018/2019 is the City’s response to the community objectives listed in the Strategic Community Plan 2013 (Review 2015). 

 

Adoption of the Corporate Business Plan links to key goal area six (6) “Open and Collaborative Leadership” and specifically Community Objective 6.3 – “An organisation that is managed effectively achieves positive outcomes for the community”. 

 

RISK ASSESSMENT

 

There is always the potential for non-delivery of services or actions referred to in a Corporate Business Plan.  However, the risk is assessed as low, given that the plan reflects existing services and actions that are incorporated into the Long Term Financial Plan 2015/2016 – 2024/2025.  Actions dependent on external funding are denoted as such in the Corporate Business Plan to ensure transparency and accountability.

 

CONSULTATION

 

The Corporate Business Plan 2015/2016 - 2018/2019 strongly  reflects and links to the aspirations of the community as expressed in the City of Busselton Strategic Community Plan 2013 (Review 2015).   While the Corporate Business Plan directs the internal operations of the City and hence is not directly the subject of consultation, community feedback gained through the review of the Strategic Community Plan 2013 in March 2015 provided valuable information about strategies and actions articulated in the Corporate Business Plan and helped validate the plan.

 

OFFICER COMMENT

 

It is important that the Corporate Business Plan upholds the directions of Strategic Community Plan 2013 (Review 2015), and integrates all relevant information contained in the Long Term Financial Plan 2015/2016 - 2024/2015, the Workforce Plan and any asset management plans that have been prepared.  Officers believe that the proposed Corporate Business Plan 2015/2016 – 2018/2019 satisfies these requirements.

 

The proposed Corporate Business Plan outlines all of the services that Council delivers to the community and lists the priority corporate actions that the organisation intends to complete over the four (4) year life of the plan.  A “best fit” approach to the linking of services and actions to the Strategic Community Plan goal areas has been maintained, with actions also linked to one or more of the Council strategies listed in the Strategic Community Plan 2013 (Review 2015).

 

As discussed in the Financial Implications section of this report, all of the services and actions referred to in the Corporate Business Plan are funded in the Long Term Financial Plan 2015/2016 – 2024/2025.  Where actions rely on external funding it is indicated in the “External/Grant Funding” column of the draft plan. 

 

The section titled Resourcing our Corporate Business Plan provides an overview of the process for ensuring commitments within the plan are funded, a summary of key expenditure items within the plan and a high level summary of the City’s projected financial position for the period 2015/16 – 2018/19.

 

The detail of the Corporate Business Plan is found in each of the sections titled Key Goal Area.  Each key goal area describes the desired Strategic Community Plan outcome and the three community objectives of each key goal area.  In response the relevant City services and priority action items which aim to further those objectives are listed.

 

Overall, the Corporate Business Plan 2015/2016 – 2018/2019 continues the initiatives listed in the current Corporate Business Plan.  The plan reflects the City’s ongoing commitment to progressing significant projects such as the expansion of the Busselton Regional Airport, the redevelopment of the Busselton Foreshore, the redevelopment of the City’s Civic and Administration Centre and development of a business case for the establishment of a Performing Arts Centre.

 

As part of the review process some new actions have been included and others have been amended to reflect and respond to progress made over the last 12 months.  New actions in the draft Corporate Business Plan 2015/16 – 2018/19 include, but are not limited to, the development of a Bushfire Risk Management Plan for the district to improve our approach mitigating and dealing with bushfire risks and undertaking a Coastal Vulnerability Study to provide baseline data for future coastal adaption and management approaches. 

 

With each new action care has been taken to ensure that it aligns and aids in achieving the community’s objectives.  Amendments and new actions have been cross checked against the City’s resourcing documents to ensure they can be appropriately resourced.  Actions completed during 2013/2014 have been deleted.

 

The table that follows illustrates the new and significantly amended actions in each goal area, noting that other actions have had minor amendments made so that they better reflect the proposed detail of the action.  Actions that have been amended but where the intent has not been impacted are not listed below.  

 

Key Goal Area 1: Caring and Inclusive Community

 

Action

Responsibility

Informing Policy or Plan

External/
Grant Funding

15/16

16/17

17/18

18/19

NEW

Bushfire Risk Management

Develop with stakeholders a cross-tenure Bushfire Risk Management Plan for the district

 

 

Ranger and Emergency Services

 

Bushfire Strategic Plan

 

Yes

 

X

 

X

 

X

 

NEW

Emergency Management

Review the City’s Emergency Management Plan

 

Ranger and Emergency Services

 

 

 

 

X

 

 

 

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

 

Action

Responsibility

Informing Policy or Plan

External/
Grant Funding

15/16

16/17

17/18

18/19

NEW

Performing Arts –Design and Construct

Subject to development of a successful business case commence design and construction of a performing arts facility in the Busselton area

 

(New action in addition to the current action for development of a business case.  Action indicates that plans for the design and construction of a performing arts centre fall within the life of this plan)

 

 

Community Development

 

Local Cultural Planning Strategy

 

Yes

 

 

 

 

X

 

X

NEW

Churchill Park

Upgrade the building and facilities at Churchill Park (as per asset management plan)

 

 

Community Development

 

Churchill Park Master Plan

 

Buildings Asset Management Plan

 

Yes

 

X

 

X

 

X

 

X

AMENDED

Vasse Community and Recreational Precinct

Progress plans for creating and improving active open space facilities at Vasse

 

(Previously action “Vasse Development”, sought the conclusion of negotiations with respect to the Developer Contribution Plan and the community’s proposal for a country club)

 

 

Community Development

 

Active Open Space Strategy

 

 

X

 

 

 

NEW

Dunsborough Lakes Sporting Precinct

Continue negotiations with the developer, State Government and departments and agencies to develop a shared use oval and associated facilities at Dunsborough Lakes and to allow for the long term expansion of the precinct

 

 

Strategic Planning and Development

 

 

 

X

 

X

 

 

NEW

Geographe Leisure Centre

Implement a whole of facility  master plan to expand and improve services and facilities at the centre

 

(Replaces a previous action which has was to complete the expansion of the Geographe Leisure Centre – Stage 1)

 

Community Development

 

 

 

X

 

X

 

 

 


 

Key Goal Area 3: Robust Local Economy

 

Action

Responsibility

Informing Policy or Plan

External/
Grant Funding

15/16

16/17

17/18

18/19

AMENDED

Commercial Sites Dunsborough Foreshore

Progress with negotiations regarding private investment to develop a café and kiosk at the Dunsborough foreshore

 

(Previous action referred to continuing the Expression of Interest process for exploring the lease potential of a café at the Dunsborough foreshore)

 

 

Economic and Business Development

 

 

 

 

 

X

 

X

 

 

 

 

AMENDED

Events Marketing

Prepare and implement a marketing strategy to assist with promoting the City as “Events Capital WA”

 

(Previously action “Marketing and Events Reference Group”, referenced the facilitation of the marketing and events reference group as opposed to the preparation of a specific marketing strategy)

 

 

Economic and Business Development

 

Events Strategy

 

 

 

X

 

 

 

 

Key Goal Area 4:  Connected City

 

No significant amendments.

 

Key Goal Area 5:  Care for and enhanced environment

 

Action

Responsibility

Informing Policy or Plan

External/
Grant Funding

15/16

16/17

17/18

18/19

DELETED

Waste Water Recycling

Advocate for waste water recycling and liaise with relevant stakeholders to identify opportunities for waste water reuse within Busselton and Dunsborough

 

(Action considered part of ongoing service delivery and not readily reportable against)

 

 

Engineering

 

 

 

 

 

 

 

 

AMENDED

Port Geographe

Work with the State Government and key partners to fulfil the City’s role in the ongoing management of the Port Geographe waterways

 

(Previously various Port Georgraphe related actions - “Port Geograhpe Development”, “Port Geographe Groyne Reconfiguration”, and “Port Geographe Coastal / Water Management” - all of which referred to aspects of the Port Geographe development which have been progressed with the City’s remaining role reflected in the above amended action)

 

 

Property and Corporate Compliance

 

 

 

 

X

 

X

 

X

 

X

NEW

Busselton and Dunsborough Waste Facilities

Design and construct capping and rehabilitation works for former landfill sites and the Busselton and Dunsborough waste facilities

 

 

Waste Management

 

Waste Strategy

 

 

X

 

X

 

X

 

NEW

Coastal Vulnerability

Undertake a coastal vulnerability study for Eagle Bay, Bunker Bay, Yallingup and Smiths beach

 

 

Strategic Planning and Policy

 

 

 

X

 

 

 

 

Key Goal Area 6:  Open and collaborative leadership

 

Action

Responsibility

Informing Policy
 or Plan

External/
Grant Funding

15/16

16/17

17/18

18/19

DELETED

Community Engagement Strategy

Review the City’s community engagement strategy to ensure that regular and targeted community engagement initiatives are delivered and community feedback channels are available

 

(Action completed)

 

Governance

 

 

 

 

 

 

NEW

Sister City Relations

Enhance understanding between the communities of Australia and Japan via the City’s Sister City relationship with Sugito.

 

 

Governance Services

 

 

 

X

 

X

 

X

 

X

NEW

Strategic Community Plan

Carry out a major review of the Strategic Community Plan to ensure it reflects the community’s vision, aspirations and objectives.

 

 

Organisational Development

 

Strategic Community Plan 2013
(Review 2015)

 

 

 

X

 

X

 

AMENDED

Record Keeping Plan

Amend the City’s Record Keeping Plan to ensure it is reflective of the City’s record keeping practices and compliant with the State Records Act.

 

(Previously action referred to reviewing the City’s Record keeping Plan, the review has now been conducted and the plan requires amendment)

 

Records and Information Services

 

 

 

X

 

 

 

The final section of the Corporate Business Plan relates to measuring our progress.  To facilitate this Council’s 21 key performance indicators (KPIs) are listed at the end of the plan.  The KPIs assist in measuring progress of the Corporate Business Plan actions and the progress and success of the organisation’s ongoing service delivery.

 

CONCLUSION

 

The City of Busselton Corporate Business Plan 2015/2016 – 2018/2019 is a key component of the City’s integrated planning framework as required by the Department of Local Government and Communities.  It is believed the proposed plan meets all of the regulatory requirements and successfully integrates all relevant information from the City’s current Long Term Financial Plan; the City’s existing asset management plans and Workforce Plan.  Importantly the plan provides a strong program to support delivery on the community aspirations and objectives described in the City of Busselton Strategic Community Plan 2013 (Review 2015). 

 

OPTIONS

 

1.            The Council may choose not to adopt the Corporate Business Plan 2015/2016 – 2018/2019.  Officers do not recommend this as it is a requirement to adopt a Corporate Business Plan outlining services and priority actions for the ensuing four years on an annual basis.

 

2.            The Council may choose to alter any of the components or wording of the proposed City of Busselton Corporate Business Plan 2015/2016-2018/2019 as it sees fit.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The City of Busselton Corporate Business Plan 2015/2016 – 2018/2019 will be effective from 1 July 2015 with the services and actions contained within the Plan implemented over the four year life of the Plan as identified.

 

Council Decision and Officer Recommendation

C1506/177              Moved Councillor J McCallum, seconded Councillor C Tarbotton

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

That the Council:

 

1.            Adopts the Corporate Business Plan 2015/2016 – 2018/2019 in the form attached to this report.

CARRIED 8/0

by absolute majority

  


Council                                                                                      61                                                                      24 June 2015

11.1           APPLICATION FOR PLANNING CONSENT : DA14/0478 : PROPOSED REDEVELOPMENT/CHANGE OF USE AT LOT 11 (HSE 5850) BUSSELL HIGHWAY, ABBEY (NEWTOWN HOUSE)

SUBJECT INDEX:

Development Applications

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   Development Plans

Attachment b    Location Plan

Attachment c    Site Plan

Attachment d   Schedule of Submissions  

  

 

PRÉCIS

 

The City has received an application (proposal) for a redevelopment/change of use at Lot 11 (Hse 5850) Bussell Highway, Abbey (Newtown House).

 

The proposal has been referred to Council for determination due to the number of submissions raised and the nature of the issues aired in those submissions.

 

The proposal, in its current location, is broadly consistent with the relevant planning framework and is recommended for approval subject to conditions.

 

 

BACKGROUND

 

The City has received a development application (proposal) for redevelopment/change of use at Lot 11 (Hse 5850) Bussell Highway, Abbey. The proposal includes the construction of a new Tavern building, extensions to the Restaurant and a new Day Spa. The proposal in scale and nature is very similar to what has previously been operated on the property.

 

The subject land contains a heritage listed building (Newtown House), which is listed as a ‘Category 1’ place within the City’s Municipal Heritage Inventory (MHI) and which is included on the Heritage List adopted by the Council pursuant to the City’s town planning scheme.

 

The proposed development plans (as annotated in green by officers) are provided at Attachment A.

 

A Location Plan and Site Plan are provided at Attachment B and Attachment C respectively.

 

The property is approximately one hectare in area, zoned ‘Tourist’ and located within a ‘Landscape Value Area’. It is located approximately 7.9km from the Busselton City Centre and 250m from the commercial area of Monaghan’s Corner. The property is surrounded by lots zoned ‘Agriculture’ to the north, ‘Tourist’ and ‘Conservation’ to the west and south, and ‘Residential’ with a coding of ‘R20’ to the east, separated from the property by Bussell Highway.

 

There is an existing dwelling on the adjoining Lot 15 to the north, with the dwelling located 13m from the property boundary. Lot 15 also operates an ice manufacture and supply business. All other adjoining properties are used primarily for Residential purposes with the next closest dwelling located around 40m from the property boundary. 

The property contains an existing Manager’s Residence, Restaurant and Guesthouse. The Guesthouse contains four suites and the Restaurant is located within Newtown House. A Tavern was previously located to the rear of the property, which this was originally approved as a Use Not Listed (Micro-brewery) and later approved as a Tavern (Restricted) in 2004 to allow for liquor licensing as a ‘Tavern - Restricted’. The previous Tavern occupied a similar area to that which is now proposed, although it was originally restricted to wine and beer sales from the Wildwood Company due to the intent to operate the Tavern in a manner similar to a microbrewery. The previous Tavern also applied for opening hours from 11am to 6pm (consistent with other microbrewery uses in the City) and these opening hours were subsequently conditioned as a restriction on the planning consent.

 

The previous tavern ceased operations and was demolished in 2014.

 

The Restaurant which has also recently ceased operation was not licensed for liquor consumption by the Department of Racing, Gaming and Liquor.

 

The proposal includes the construction of a new Tavern building, Day Spa (Unlisted Use) and extensions to the Restaurant (Newtown House) including the provision of new ablution facilities and an outdoor alfresco.

 

A Traffic Impact Assessment was provided as a supporting document to the application to assess the impacts of traffic on the surrounding road network.

 

The notable differences from how the previous Tavern operated on the property compared to this proposal include:

 

·    The opening hours are proposed to be 10am to 12am Friday and Saturday and between 10.00am to 10.00pm Sunday to Thursday; and

 

·    The applicant has indicated that it is their intent to apply for a single liquor license over the property to allow for patrons to be able to carry drinks between the Tavern and Restaurant area, and also allow for the consumption of alcohol within the Day Spa and Guesthouse. 

 

The proposal was required to be publicly advertised for a period of 14 days, ending on 20 March 2015. A total of 22 submissions were received on the proposal, 15 of which objected to the proposal, or specific aspects of the proposal and are discussed further below. 

 

STATUTORY ENVIRONMENT

 

The key elements that relate to the proposal are set out in the Local Planning Scheme No. 21 (referred herein as the ‘Scheme’). An overview of key elements of the Liquor Control Act is also provided.

 

Local Planning Scheme No. 21

 

Land Use

 

The property is zoned ‘Tourist’ and located within an area identified as ‘Landscape Value’. There are a range of land uses which may be considered in the ‘Tourist’ zone, subject to consideration by the City and exercise of discretion by granting planning consent. The application applied for the land uses of a ‘Tavern’, Day Spa (Unlisted Use) and extensions to the ‘Restaurant’ (Newtown House). For reasons which will be outlined below, the application mostly falls under the land use of a ‘Tavern’.

 

Despite the overall land use being classified as a ‘Tavern’ by the Scheme, the intention of the applicants in terms of how the business will operate, will be consistent with a Tavern, Restaurant, Day Spa (Unlisted Use) and Guesthouse, and conditions of approval are proposed to apply appropriate restrictions to ensure that the these areas are used in this manner. The Managers Residence and Guesthouse are existing and approved uses. 

 

The use of a ‘Tavern’ is an ‘A’ use in the Tourist Zone, approval of which is at the reasonable discretion of the City, after undertaking a period of public consultation. A Tavern use is defined as:

 

“means any land or buildings the subject of a Tavern Licence granted under the provisions of the Liquor Control Act 1988.”.

 

The use of a ‘Restaurant’ is a ‘D’ use in the ‘Tourist’ zone, approval of which is at the reasonable discretion of the City. A Restaurant is defined in Schedule 1 as:

               

“means a building wherein food is prepared for sale and consumption on the premises and the expression shall include a licenced restaurant”

 

The use of a ‘Day Spa’ cannot reasonably be determined as falling within a use class specified in Schedule 1 and the Zoning Table and should therefore be classified as an ‘Unlisted Use’. A Day Spa (Unlisted Use) can be approved in accordance with Clause 4.4, at the discretion of the City, provided that the use is consistent with the objectives of the ‘Tourist’ zone. For the purposes of defining the use that is not listed, officers consider that the use of a Day Spa with treatment rooms can be defined as:

               

“Means a building or place used to offer services for the purpose of improving health, beauty and relaxation, but does not include a building or place used or intended for use for a purpose elsewhere specifically defined in the Scheme”.

 

Zone objectives

 

The ‘objectives’ of the ‘Tourist’ zone, relevant to this proposal are:

 

a)    To encourage tourism activity that will complement the existing natural and man-made features of the City and be of positive benefit to the City’s economy.

…c) To encourage a range of tourist facilities in the City in localities where it would not result in the degradation of environmental or agricultural features in the City.

d)    To encourage the location of tourist facilities, so that they may benefit from existing roads, physical service infrastructure, other tourist attractions, natural features and urban facilities;

 

The ‘policies’ of the ‘Tourist’ zone relevant to this application are:

 

a)    To permit tourism development and uses associated with, ancillary to, or supportive of, tourism development, including retailing and service facilities where such facilities are an integral part of the tourism development and are of a scale appropriate to the needs of that development;

…e) To enable the development of land for other purposes compatible with tourism development        in the area where it can be demonstrated by the applicant that suitable land for buildings for       the proposed purposes are not available elsewhere and that such purposes will not                          detrimentally affect the amenity of any existing or proposed nearby development.

 


 

Landscape Value Area

 

The Landscape Value Area provisions of the Scheme are set out at Clause 6.4 and overlay the controls applicable to development in any given Zone 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.

 

Heritage Listing (MHI and Heritage List)

 

The building associated with the ‘Restaurant’ is ‘Newtown House’ which is listed on the City’s Municipal Heritage List as a ‘Category 1’ building and is also included on the City’s Heritage List, adopted by the Council pursuant to the Scheme. Newtown House is currently ‘waiting assessment’ for inclusion onto the State Heritage Register.  Clause 11.2 requires the City to have regard to the conservation of any place which has been included Heritage List under Part 8, and the effect of the proposal on the character or appearance of a heritage area.

 

Matters to be Considered

 

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 –

 

(f)           Any Local Planning Policy adopted by the local government under Clause 2.3, any heritage policy statement for a designated heritage area adopted under Clause 8.2.2, and any other plan or guideline adopted by the local government;

…(h)       the conservation of any place that has been entered in the Register within the meaning of the Heritage of Western Australia Act 1990, or which is included in the Heritage List under clause 8.1, and the effect of the proposal on the character or appearance of a heritage area;

(i)            The compatibility of a use or development within its setting;

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

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

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

(p)          Whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, maneuvering and parking of vehicles;

(q)          The amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and probably effect on traffic flow and safety;

(s)           whether public utility services are available and adequate for the proposal;

(z)           any relevant submission received on the application;

(aa)       the comments or submissions received from any authority consulted under clause 11.1.1 or clause 11.1.2.  

 

Liquor Control Act 1988

 

The land use definitions identified in the Scheme for a ‘Restaurant’ and ‘Tavern’ relate to some degree to the type of licence that would be issued under the Liquor Control Act 1988. It cannot, however, be assumed that the terms mean exactly the same thing from a planning and a liquor licensing perspective. That is the case even where the definition in the scheme refers directly to a particular definition in the liquor legislation. The reasons for that are somewhat complicated, but essentially turn on the fact that, whilst the various planning definitions are fairly static and unchanging, liquor licensing controls have been subject of regular and reasonably substantial change and review, and notwithstanding the way that the Scheme may be drafted, it cannot be the case that town planning schemes across the State can be unilaterally and repeatedly amended by changes to the liquor legislation without the normal processes associated with amending a town planning scheme. What is effectively needed is a clear, plain English, understanding of how the business or activity is to function, and for the planning approval to then be clear about what has actually been approved. It is then up to the proponents and the Department of Racing, Gaming and Liquor to determine what and whether a liquor licence can be issued that would reflect that understanding – but what licence category or name the Department of Racing, Gaming and Liquor choose to apply is not of concern to the City.

 

The liquor licence is applied for following approval of planning consent (and necessary issuing of the Section 40 Certificate by the Local Government, which provides that the liquor licence application is consistent with the City’s Scheme). Local Governments can restrict the use of a property through conditions on the planning consent, and these conditions, by request on the Section 40 to the Department of Racing, Gaming and Liquor, may be carried over as conditions on the Liquor Licence.  There is no guarantee that the intended liquor licence requested by the applicant will be supported by the Department of Racing, Gaming and Liquor. However, the Scheme, to determine the appropriate land use class requires the City to have consideration to the operation of uses on site and likely liquor licence and the applicant’s intended liquor licence.

 


 

It is the officers’ understanding the property will operate in the following manner:

 

·    The ‘Tavern’ building and outdoor area will be used for the sale of alcohol via bar service and to be consumed onsite without the need for meals, and may also allow for the sale of alcohol for consumption offsite which will be limited to that produced by a single producer.

 

·    The Restaurant area will consist of an area to be used primarily for meals, with the ancillary service of alcohol.

 

·    The Restaurant area may include functions and/or events, including the erection of temporary structures (i.e. tents) on the grassed area which may involve the service of alcohol to people not seated and/or having a meal, in a ‘function’ type environment, but that the number of such events will be limited.

 

·    The Day Spa will be used in a manner consistent with a Day Spa, although will have alcohol available for consumption in this area.

 

·    It is intended to potentially apply for a licence over the Guesthouse, Restaurant, Tavern and walkways to allow patrons of the Guesthouse to carry drinks between the uses.

 

The above intentions are consistent with a ‘Tavern’ licence, which would allow for the sale of liquor for consumption onsite and as packaged liquor during the permitted trading hours. Due to the singular liquor licence over the property the overall use class is therefore defined as a ‘Tavern’ by the Scheme.

 

Whilst it is necessary to approve the land use as a ‘Tavern’ for the reasons mentioned above, the areas identified as a ‘Restaurant’ and ‘Day Spa’ will still operate in a manner consistent with a Restaurant and Day Spa and their use will be conditioned to reflect this. The proponents have indicated that, notwithstanding this, they may apply for what is known as a ‘Special Facility’ licence type. That is of no concern to the City – as long as the licence and conditions attached to it does not support facilitate activity not contemplated by the planning approval.

 

As the Restaurant area will be limited to predominantly serving of meals to seated patrons with ancillary service of alcohol, it is necessary to include a provision in the planning consent to allow for functions/events which will fall outside of this condition. It is recognised that events such as weddings which have a group congregating for a purpose will often use the venue at or near full capacity, involve the service of alcohol to people in a ‘function’ setting, potentially involve the use of amplified music, use of PA systems and have higher noise emissions. Therefore the number of events proposed to be permitted for the ‘Restaurant’ area is limited to 12 per year.

 

The ‘Tavern’ does not require any specific conditions on events/functions, as the service of alcohol without the provision of a meal is permitted in this area.

 

RELEVANT PLANS AND POLICIES

 

The assessment of the proposal is guided by a number of policies. The key policy implications are outlined below.

 

Local Planning Policy 2C – Traffic Assessments (LPP 2C)

 

A Traffic Impact Assessment (TIA) was submitted as a supporting document in accordance with requirements of LPP 2C to assess the impact on surrounding road networks and assess whether any upgrades were required. The property has direct road frontage to Bussell Highway, and access is via two existing gravel crossovers. Bussell Highway is constructed to a sealed standard, is one traffic lane in each direction, has a speed limit of 80km/h and a painted median island in the vicinity of the northern crossover. 

 

The TIA assessed the proposed traffic to be generated based on a maximum number of 300 occupants on the property. It identified that the traffic impacts associated with the proposal could be accommodated by the existing surrounding roads and intersections. The TIA also identified that the carriage width of the northern crossover (with the painted median strip) provided adequate width to accommodate an inbound right turning vehicle without impediment to other traffic, although provided an option that the median strip could be constructed to a raised median to allow for left in, left out access only.   

 

Bussell Highway, in this location, is controlled by Main Roads Western Australia (Main Roads) which is the decision maker in regards to access and upgrades to roads under their care and control. The proposal and TIA was referred to Main Roads for comment which, following assessment, did not determine that any amendments to the existing road network were required. Main Roads did however require that the southern crossover be closed due to insufficient sightlines which are discussed further below.

 

Local Planning Policy 8A – Car Parking Policy Provisions LPP8A)

 

The car parking policy provisions outline the minimum requirements for car parking, based on land use. As discussed above, although the application is required to be approved as a ‘Tavern’, the manner in which the uses will be operated on site will be consistent with the car parking required for a ‘Tavern’, ‘Restaurant’, Day Spa and the existing Managers Residence and Guesthouse.

 

An assessment of the car parking required by the policy is provided in the following table.

 

Land Use

LPP8A Requirements

No. Car Parking Required

Managers Residence (existing)

2 per dwelling

2

Guesthouse

1 per suite, plus 1 for the manager and additional staff

4

Managers and staff parking accounted for under different land uses

Day Spa

1 per 30m2

4

Restaurant

1 per 4 seats or 1 per 6m2 public area.

30

The Restaurant will be conditioned to restrict the number of occupants to a maximum of 120 people and therefore requires 30 car parking bays

Tavern

1 space per 3m2 public area.

50

The car parking requirement is a guide to assess the number of car parking expected from a ‘tavern’ based on space, and the number of occupants that space is expected to accommodate.

 

The Tavern building and external area will be conditioned to restrict the number of occupants to a maximum of 200 people. Based on a car parking rate of 1 car per 4 people, 50 car parking bays are required.

Total

 

90

 

A total of 95 car parking bays have been proposed on site. The car parking on the approved development plans contains areas which are not compliant with the relevant Australian standards and will be required to be modified as a condition of planning consent. It is expected that this and the revised access way as a result of the closure of the southern crossover may result in the loss of approximately 3-4 car parking bays. A minimum of 90 car parking bays will still be available.   

 

The number of car parking bays provided onsite are sufficient to accommodate for the proposed uses on site and comply with the requirements of the car parking policy.

 

Local Planning Policy 9A – Busselton Heritage Conservation Provisions (LPP9A)

 

LPP 9A provides guidance to the City on decision making with regards to the conservation of significant heritage places and assist the City in meeting its responsibilities pursuant to the Heritage of Western Australia Act 1990

 

Newtown House is listed in the MHI (PN 110) and is identified as a ‘Category 1’ building. Inclusion on the MHI does not, in and of itself, provide for the protection or preservation of the place, but Category 1 places should generally also be included in the Heritage List adopted by the Council pursuant to the Scheme – and that is the case with Newtown House. Inclusion of the place on the Heritage List means that heritage considerations must be assessed by the City in determining applications for planning consent, and also means that certain kinds of development that could otherwise take place without planning approval, such as demolition or internal works, do in fact require planning approval. A Category 1 building is identified for buildings which contain the highest cultural heritage values and generally have built features that are part of their significance. Newtown House is to be assessed for inclusion on the State Register of Heritage Places, however until such time that the heritage building is included on this Register, the overarching controls on development are set out in the Local Planning Scheme No. 21, and LPP 9A. 

 

The heritage significance of the property is the limestone and iron house (Newtown House) in the garden setting which has cultural and heritage significance as a fine example of one of the early farmhouses of the Victorian/Georgian style in the district.

 

The extensions to Newtown House consist of additions to the western side of the building which contains new ablution facilities and cool rooms necessary to comply with current health requirements and a new outdoor alfresco. The extensions to the rear will adjoin an earlier (1987) extension to the original Newtown House and is not part of the original building. The roof line and extension will not detract from the existing heritage building and will be clearly distinguishable as not being part of the original heritage building which is consistent with policy requirements.

 

The outdoor alfresco addition is located to the east of Newtown House and is separated from the building by a 2-3m wide roof link which provides a sheltered walkway to the alfresco. The outdoor alfresco is out of the main view point of Newtown House, is distinguishable as not being part of the original building, will not detract from the heritage values of the building and is supported by officers.

 

The policy also requires that a Conservation Plan (or a Conservation Strategy may be accepted subject to advice from the Heritage Council – although that assumes Category 1 places are on the State Heritage Register, which is not actually the case at present with respect to Newtown House) be prepared for all Category 1 buildings and will be conditioned on planning consent. This was determined as not being required upfront given that the extensions are adjoining an extension to the original heritage building, and an alfresco is proposed which is separated from the main building and out of the main view of the property. The Conservation Strategy will be required as a condition of approval and will detail the heritage significance of the property, identify any works necessary for conservation and also require the lodgment of a memorial on the property notifying of the existence of the heritage building and conservation plan.  

 

FINANCIAL IMPLICATIONS

 

The recommendation of this report is a planning determination. It does not impose any direct financial implications upon the City.

 

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 application was publicly advertised for a period of 14 days, ending on 20 March 2015.

 

A total of 22 submissions were received, including 1 from the government authority Main Roads, 1 from the City’s heritage advisor and 20 public submissions, 15 of which objected to the use or specific aspects of the development.

 

Specific consideration of each of the submissions is given at Attachment D. The majority of submissions were supportive of the Day Spa and Restaurant aspects of the proposal, although objected to the extension of the opening hours of the tavern based on concerns about potential noise emissions and anti-social behaviour. These concerns are further discussed in ‘Officer Comment’ below.

 

A large number of submissions raised traffic and car parking as a concern. The access and car parking is compliant with the City’s and Main Roads standards.

 

Main Roads provided support for the proposal in principle subject to the southern crossover to Bussell Highway being closed, fenced and landscaped. The reasons given for this were to:

 

·    Reduce the number of crossovers to Bussell Highway;

 

·    The southern crossover has insufficient sightlines due to the presence of existing trees; and

 

·    Main Roads does not support the removal of one of the peppermints located partly on the road verge.

 

The applicant is aware of the submission and has not agreed to amend the plans to reflect Main Roads’ requirements. The ability to construct a crossover on the road verge and roads controlled by Main Roads is given through the Local Government (Uniform Local Provisions) Regulations 1996, adopted under the Local Government Act 1995. The Regulations provide that the local government cannot construct, or approve the construction of a crossing (including modifications to crossings) unless the local government has consulted with Main Roads and approval has been given in writing.

 

The southern crossover was constructed to a gravel standard as part of a planning approval for the Guesthouse and Managers Residence in 1994. This predates the gazettal of the Local Government Act 1995 and Local Government (Uniform Local Provisions) Regulations 1996. Main Roads do not have any record of previous approvals for the crossover. It is unclear what provisions apply to the continued use of the crossover, which predates the Act and Regulations however, for the City to support the continued use of the crossover it would require the widening of the crossover to allow for two way access, sealing to an appropriate standard and also require the removal of trees along the property boundary to provide sufficient sightlines. The modification and upgrading of the crossover does fall under the Regulations and the City does not have any ability to approve the use of the crossover without Main Roads approval. A condition will be placed on approval requiring the closure of the crossover and access to the southern driveway provided from the existing northern crossover.

 

The applicant has a right to appeal the condition under the Planning and Development Act 2005 and an appeal right for the decision of the crossover exists under the Local Government Act 1995. Whilst the City would technically be the respondent to any such appeal, in practice the substantive respondent would actually be Main Roads, although the City would still incur costs associated with management of the process, if such a process proves necessary.

 

OFFICER COMMENT

 

The proposal will complement the existing tourist accommodation use on the property, will have sufficient infrastructure, servicing and is generally consistent with the objectives and policies for the Tourist zone. The development on the property is appropriately sited, will not have a detrimental impact on the natural environment and the scale of development will maintain the existing and rural scenic character of the locality.  

 

The scale of the use is very similar to what has previously been operated on the property, with the only major differences being the extended opening hours. The proposed changes allow for more flexibility of the way the uses are operated, and with the restrictions on how the property can be used in the planning consent, it is not anticipated that the use will have a detrimental impact on the amenity of adjoining landowners.

 

A number of submissions were received from consultation which raised concerns about the proposed changes specifically regarding concerns about potential noise emissions and anti-social behaviour, which are addressed further below.

 

Noise and patron behaviour

 

Noise created by certain land uses and activities are controlled by the Environmental Protection (Noise) Regulations 1997 (the Regulations) which operate under the Environmental Protection Act 1986. The Regulations apply to the creation of unreasonable noise and set limits that provide guidance on what is reasonable; they also provide some exemptions for specific activities and uses. The Regulations can be enforced separately from the planning process and are an ongoing requirement for land uses to comply with. Noise emissions may be dealt with under the planning process when there is concern that a land use may not be able to comply with the regulations; and should this require attention the planning assessment process can give consideration to aspects such as orientation and design, and/or the placement of restrictions on the operation of the use to minimise noise emissions.

 

The land uses of a Tavern and Restaurant will typically involve the congregation of groups of people in one space, playing of music, including amplified music and potentially PA systems. Noises created by congregated groups of people are exempt noises which do not have prescribed emission limits under the Regulations, as the noise emitted is not considered ‘unreasonable’. It is considered that with restrictions on the number of occupants the daily operation of the use with regards to noise from people will not result in noise emissions that will have a detrimental impact on the amenity.

 

Noise emissions from traffic and car parking are exempt noises which are not considered unreasonable. The property is in close proximity to Bussell Highway where considerable noise emissions from traffic already exist. The traffic entering and circulating the property is not anticipated to have a detrimental impact on amenity; however this will be addressed through the preparation of the Noise Management Plan, which is specifically required to assess noise emissions and the need to include appropriate acoustic treatments of fencing to adjoining properties.

 

Noise emissions from equipment such as loudspeakers and music are required to comply with emission levels of the Noise Regulations. The use of such equipment will be required to comply with the Noise Regulations and the Noise Management Plan (prepared by a suitably qualified acoustic consultant), is required to assess different scenarios and noise emissions from the property and identify treatments and restrictions to ensure on-going compliance with the Noise Regulations and maintenance of the amenity of adjoining landowners. As a minimum the Noise Management Plan is to include details of acoustical treatments to be incorporated into the designed alfresco/beer garden areas and any areas where people are likely to congregate and any entertainment that may be provided on the site whether indoor or outdoor. Attention is required to the acoustic design of all areas within the site and the use of building materials and orientation to attenuate noise will be required and a restriction will also be placed as a minimum on the use of amplified music after 10pm, and as may be specified further by the Noise Management Plan.

 

Officers consider this proposed development can comply with the Regulations subject to restrictions on the operation of the use and implementation of measures to reduce noise emissions being implemented from areas of concern, as identified from the Noise Management Plan. Noise which complies with the Regulations is not unreasonable and therefore is not considered detrimental to the amenity of adjoining landowners.

 

Anti-social behaviour can be associated with uses such as a Tavern which supplies liquor to patrons and has therefore been raised as a concern by landowners in the locality. Previous decisions in the State Administrative Tribunal consider that anti-social behaviour is a management issue, where good management and supervision are the key to reducing anti-social behaviour.  Management of liquor consumption is the main consideration for anti-social behavior, which is predominantly controlled by the provisions under the Liquor Control Act 1988. Licensees and licences issued under the Liquor Control Act 1988 have a responsibility to ensure that the service of alcohol does not create unruly behaviour which can detrimentally affect the amenity of adjoining landowners and is an ongoing requirement and have to submit documents for consideration with their applications such as management plans.

 

Section 117 of the Liquor Control Act 1988 provides mechanisms for complaints to be made against a licensee and if the property is not being managed adequately and noise coming the licenced premises or behaviour of patrons at a premises is affecting people in the neighbourhood, whereby action can be taken. Anti-social behaviour can be managed on the property and is dealt with through the process of the Liquor Control Act 1988.

 

CONCLUSION

 

The proposal is of a scale very similar to that which has been operated on the property before, traffic and car parking is compliant, noise and patron behaviour are required to comply with the Regulations and with restrictions on the planning consent will not impact on the amenity of adjoining landowners.  

 

The proposal also facilitates the continued use of the heritage listed building Newtown House, and will result in an improved heritage outcome through the preparation of the conservation strategy.

 

Overall, officers consider that the proposal is acceptable and is consistent with the Scheme. It is therefore recommended that approval, subject to appropriate conditions, be granted.

 

OPTIONS

 

The Council could:

 

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

 

2.            Apply different conditions.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The proponent and those who made a submission will be advised of the Council decision within two weeks of the Council meeting.

 

OFFICER RECOMMENDATION

 

That the Council determine that DA14/0478 is consistent with the City of Busselton Local Planning Scheme 21 and that planning approval is granted for the redevelopment and change of use of Lot 11 (5850), Bussell Highway, Abbey (Newtown House) for a Tavern, Restaurant, Gusethouse and Day Spa (Unlisted Use), 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.

 

Prior to Commencement of Any Works Conditions:

 

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)       Plans that satisfactorily address the following required design changes (generally submitted via a building licence application) and as may be indicated in red on the Approved Development Plan(s):

 

I.     The alfresco is to be moved south by 2m;

II.    The southern crossover is to be closed, fenced and landscaped internally along the boundary; and

III.  Details of the access to car parking along the southern boundary.

IV.  The Restaurant Area is to be amended to be setback a minimum of 20m from Bussell Highway.

 

ii)      A Landscaping Plan.

 

iv)     Details of type and colour of all external materials to be used.

 

v)      Details of the northern vehicular crossover and access to Bussell Highway which is to be widened to a minimum of 6m.

 

vi)     Details including drainage, sealing, signage and marking for the provision of 90 car parking bays (including two disabled parking bays) and the provision of one loading bay.

 

vii)    Details of the proposed bicycle parking facilities. The details shall include, as a minimum, the location, design and materials to be used in their construction.

 

viii)   A Stormwater Management Plan.

 

ix)     Satisfactory arrangements shall be made with the City to provide public art works. This entails compliance with the Percent for Art provisions of the City's Development Contribution Policy via appropriate works up to a minimum value of 1% of the Estimated Cost of Development ("ECD"). Where the value of on-site works is less than 1% of the ECD, a payment sufficient to bring the total contribution to 1% of the ECD is required.

 

x)      A Noise Management Plan detailing the control of all noise emanating from the property which is also to include:

i)       Details of fencing to be implemented on the northern and western boundaries of the property which is to address noise mitigation to adjoining properties and include appropriate acoustic treatments. 

                ii)      A restriction on amplified music after 10pm.

iii)     Details of acoustic treatments to be incorporated into the designed alfresco/beer garden areas and any areas where people are likely to congregate and any entertainment that may be provided on the site whether indoor or outdoor. Attention is required to the acoustic design of all areas within the site and the use of building materials and orientation to attenuate noise.

 

xi)     A Conservation Management Strategy for the heritage building on site (Newtown House).

         

Prior to Occupation/Use of the Development Conditions:

 

d)     The development hereby approved shall not be occupied, or used, until all plans, details or works required by Condition(s) b and c have been implemented.

Ongoing Conditions:

 

e)     The works undertaken to satisfy Condition(s) b – d shall be subsequently maintained for the life of the development and the following conditions shall be complied with on an ongoing basis:

i)          Hours of operation of the area identified on the Approved Plans as ‘Tavern’ is

restricted to: between 10.00am and 12.00am Friday and Saturday and between

10.00am to 10.00pm Sunday to Thursday inclusive.

 

ii)            Hours of operation of the area identified on the Approved Plans as ‘Restaurant’ is

restricted to: between 7.00am and 12.00am Friday and Saturday, between 7:00am

and 10:00pm Sunday and between 10.00am and 10.30pm Monday to Thursday

inclusive.

 

iii)        The area marked on the approved plans as a ‘Day Spa (Use Not Listed)’ is to be operated in accordance with the following definition:

 

             “means a building or place used to offer services for the purpose of improving health, beauty and relaxation, but does not include a building or place used or intended for use for a purpose elsewhere specifically defined in the Scheme, and may include service of alcohol to customers”.

 

iv)        Guests of the building marked as ‘Guesthouse’ on the Approved Plans may be served alcohol, provided that occurs in a manner ancillary to the primary use as ‘Guesthouse’.

 

v)         The area marked on the approved plans as ‘Restaurant’ shall only be used in a manner consistent with a ‘Restaurant’, as defined by Local Planning Scheme No. 21, but for the avoidance of doubt, hosted functions or events, including where guests are served alcohol whilst not seated or via bar service, rather than via table service, are also permissible provided that the number of such events does not exceed 12 in any calendar year.

 

vi)        The maximum number of customers that may be within the area marked as ‘Tavern’ on the Approved Plans shall be 200.

 

vii)       The maximum number of customers that may be within the area marked as ‘Restaurant’ on the Approved Plans shall be 120.

 

viii)      The sale of liquor for consumption offsite is to be restricted to wine made by one producer, as nominated by the applicant/landowner from time to time.

 

Note: Following the community access session held on 17 June, during which nearby residents expressed concerns relating to the potential hours of operation of the Tavern component, the proponent  advised City Officers that he was comfortable with further restricting the potential hours of operation. Therefore, Officers put forward an Alternative Recommendation for Council consideration, with reduced hours of operation for the tavern component.

 

Council Decision and Revised Officer Recommendation

C1506/178              Moved Councillor T Tuffin, seconded Councillor R Bennett

 

That the Council determine that DA14/0478 is consistent with the City of Busselton Local Planning Scheme 21 and that planning approval is granted for the redevelopment and change of use of Lot 11 (5850), Bussell Highway, Abbey (Newtown House) for a Tavern, Restaurant, Guesthouse and Day Spa (Unlisted Use), 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.

 

Prior to Commencement of Any Works Conditions:

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)       Plans that satisfactorily address the following required design changes (generally submitted via a building licence application) and as may be indicated in red on the Approved Development Plan(s):

 

I.     The alfresco is to be moved south by 2m;

II.    The southern crossover is to be closed, fenced and landscaped internally along the boundary; and

III.  Details of the access to car parking along the southern boundary.

IV.  The Restaurant Area is to be amended to be setback a minimum of 20m from Bussell Highway.

 

ii)      A Landscaping Plan.

 

iv)     Details of type and colour of all external materials to be used.

 

v)      Details of the northern vehicular crossover and access to Bussell Highway which is to be widened to a minimum of 6m.

 

vi)     Details including drainage, sealing, signage and marking for the provision of 90 car parking bays (including two disabled parking bays) and the provision of one loading bay.

 

vii)    Details of the proposed bicycle parking facilities. The details shall include, as a minimum, the location, design and materials to be used in their construction.

 

viii)   A Stormwater Management Plan.

 

ix)     Satisfactory arrangements shall be made with the City to provide public art works. This entails compliance with the Percent for Art provisions of the City's Development Contribution Policy via appropriate works up to a minimum value of 1% of the Estimated Cost of Development ("ECD"). Where the value of on-site works is less than 1% of the ECD, a payment sufficient to bring the total contribution to 1% of the ECD is required.

 

x)      A Noise Management Plan detailing the control of all noise emanating from the property which is also to include:

i)    Details of fencing to be implemented on the northern and western boundaries of the property which is to address noise mitigation to adjoining properties and include appropriate acoustic treatments. 

ii)   A restriction on amplified music after 10pm.

iii)  Details of acoustic treatments to be incorporated into the designed alfresco/beer garden areas and any areas where people are likely to congregate and any entertainment that may be provided on the site whether indoor or outdoor. Attention is required to the acoustic design of all areas within the site and the use of building materials and orientation to attenuate noise.

 

xi)     A Conservation Management Strategy for the heritage building on site (Newtown House).

         

Prior to Occupation/Use of the Development Conditions:

d)     The development hereby approved shall not be occupied, or used, until all plans, details or works required by Condition(s) b and c have been implemented.

Ongoing Conditions:

e)     The works undertaken to satisfy Condition(s) b – d shall be subsequently maintained for the life of the development and the following conditions shall be complied with on an ongoing basis:

i)             Hours of operation of the area identified on the Approved Plans as ‘Tavern’ is      restricted to: between 10.00am and 10.30pm Friday and Saturday, 10.00am to               10.00pm Sunday and between 10.00am and 9.30pm Monday to Thursday           inclusive.

 

ii)            Hours of operation of the area identified on the Approved Plans as ‘Restaurant’ is              restricted to: between 7.00am and 12.00 midnight Friday and Saturday, 7.00am to                10.00pm Sunday and between 10.00am and 11.00pm Monday to Thursday inclusive.

 

iii)        The area marked on the approved plans as a ‘Day Spa (Use Not Listed)’ is to be operated in accordance with the following definition:

 

             “means a building or place used to offer services for the purpose of improving health, beauty and relaxation, but does not include a building or place used or intended for use for a purpose elsewhere specifically defined in the Scheme, and may include service of alcohol to customers”.

 

iv)        Guests of the building marked as ‘Guesthouse’ on the Approved Plans may be served alcohol, provided that occurs in a manner ancillary to the primary use as ‘Guesthouse’.

 

v)         The area marked on the approved plans as ‘Restaurant’ shall only be used in a manner consistent with a ‘Restaurant’, as defined by Local Planning Scheme No. 21, but for the avoidance of doubt, hosted functions or events, including where guests are served alcohol whilst not seated or via bar service, rather than via table service, are also permissible provided that the number of such events does not exceed 12 in any calendar year.

 

vi)        The maximum number of customers that may be within the area marked as ‘Tavern’ on the Approved Plans shall be 200.

 

vii)       The maximum number of customers that may be within the area marked as ‘Restaurant’ on the Approved Plans shall be 120.

 

viii)      The sale of liquor for consumption offsite is to be restricted to wine made by one producer, as nominated by the applicant/landowner from time to time.

 

CARRIED 8/0

 


Council                                                                                      77                                                                      24 June 2015

13.             Community and Commercial Services Report

13.1           MARKETING AND EVENTS REFERENCE GROUP OUTCOMES

SUBJECT INDEX:

Events

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Events Coordinator - Shane Walsh

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

 

PRÉCIS

 

A meeting of the Marketing and Events Reference Group (MERG) was held on Friday 15 May 2015.  This report presents recommendations from this meeting.

 

 

BACKGROUND

 

The Council, at its meeting of 13 April 2011 (C1104/114), resolved to endorse the implementation of a differential rating system whereby properties rated within the Industrial and Commercial zones across the City would directly contribute toward the City’s continued support of tourism, marketing and event activities.  This resolution also endorsed the establishment of a ‘Key Stakeholders Reference Group’ (now known as the ‘Marketing and Events Reference Group’) to make recommendations to Council with respect to the marketing and events budget allocations.

 

Further to this, at its meeting of 22 June 2011 (C1106/201), Council resolved to introduce a 3% Differential Rate on the abovementioned properties and as a result, $180k was included in the 2011/2012 budget towards events and marketing. Following this, in 2012/2013, Council increased the Differential Rate to 6% resulting in the allocation of $270k for the purpose of events and $90k for the purpose of marketing, and in 2013/14 Council increased the Differential Rate to 7%, allocating $253k towards events and $126k towards marketing.

 

As part of the 2014/2015 adopted budget, the Differential Rate increased to 8%, with $366k allocated towards events and $122k towards marketing.

 

At the Ordinary Meeting of Council on 25 March 2015, Council resolved (C1503/067) to support the inclusion of an increase in the Industrial and Commercial Differential Rate  of 1% as part of the draft 2015/16 budget process, from 8% to 9% with the funds being split 75:25 between events and marketing respectively. On this basis the 2015/16 draft budget makes provision for $417k to be allocated towards events and $139k towards marketing.

 

A Marketing and Events Reference Group (MERG) meeting was held on Friday 15 May 2015, key matters discussed at the meeting included;

 

·    Future marketing programs pending the amalgamation of the tourism associations, including a recommendation that Council notes the $50k allocated to the summer “Recharge” marketing campaign to be carried over to the 2015/2016 financial year;

·    The coordination of a media statement informing the community of the $53.8 million annual economic return generated from events;

·    The 2014/15 Cruise Ship Visitation Program and the additional visits included on the itinerary, bringing the total visits to 19 over three years;

·    The results of the Events Strategy and continued growth of events in Busselton, Dunsborough and Yallingup; the number of events for the 2014/15 financial year has increased by 50% from 83 to 125 in the nine months to March 2015;

·    Update on multi-year funded events; Ironman WA and Festival of Busselton;

·    Update on annual City organised events; Fringe Festival of Arts Busselton and Jazz by the Bay, and recommendation to Council that the events be allocated $30k and $50k respectively, to be funded from the 2015/2016 Differential Rates events budget; and

·    Recommendations on the Round 1 events sponsorship programme for the six multi-year applications and 15 single year applications received.

 

STATUTORY ENVIRONMENT

 

Nil

 

RELEVANT PLANS AND POLICIES

 

The recommendations are in line with Council policies.

 

FINANCIAL IMPLICATIONS

 

At the Ordinary Meeting of Council on 25 March 2015, Council resolved (C1503/067) that as part of the 2015/2016 draft budget process that the Industrial and Commercial Differential Rate be increased by 1%, from 8% to 9%, with the funds being split 75:25 between events and marketing respectively, $417k  towards events and $139k towards marketing.

 

In addition to employing Events staff, the total 2015/16 draft budget for events is $717k, which includes the allocation of $280k from municipal funds for various events funded through multi-year agreements. It is to be noted that following the MERG meeting, as part of the 2015/16 draft budget process the budget allocation towards events from municipal funds reduced from $300k to $280k as reflected below;

 

Events - Multi-Year Agreements funded through Municipal funds

2015/16

Busselton Jetty Swim

 $2,600

Ironman WA Busselton

$149,400

Busselton Ironman 70.3

$45,000

Geographe Bay Race Week

$10,000

Cinefest Oz

$50,000

Festival of Busselton

$6,000

Carols by the Jetty

$1,000

Australia Day

$3,000

TOTAL

$280,000

 

As part of the 2015/2016 draft budget, $172.6k has been allocated for events funded by the Differential Rate through multi-year sponsorship agreements, leaving a total of $244.4k in unallocated funds for the Events Sponsorship Programme and City organised events.

 

This report recommends that $80k be allocated to City organised events Jazz by the Bay Festival and Busselton Fringe Festival of Arts ($50k and $30k respectively), and that $96k be allocated to events as a result of Round 1 of the Events Sponsorship Programme, to be funded through the 2015/16 Differential Rate events budget, leaving $68.4k unallocated for Round 2. 

 

Round 1 of the 2015/16 Events Sponsorship Programme closed 30 March 2015.  A total of 6 multi-year and 15 single year applications were received, with requests totalling $196.2k for 2015/2016 as per Table 1 below. 

 

$57k remains unallocated in the 2014/2015 marketing budget which will be carried over into the 2015/16 budget, bringing the total marketing budget to $196k.

 

Long-Term Financial Plan Implications

 

The draft 2015/16 marketing and events budget is in line with the City’s Long Term Financial Plan, including the 1% increase in the Commercial and Industrial Differential Rate.  

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter aligns with the City of Busselton’s endorsed Strategic Community Plan 2013, and principally with the following Strategic Goal:

 

Well planned vibrant and active places;

 

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

 

RISK ASSESSMENT

 

The recommendations contained within this report are considered low risk and as such a formal risk assessment is not provided.

 

CONSULTATION

 

Consultation has been undertaken with members of the Marketing and Events Reference Group, consisting of representatives from the Busselton Chamber of Commerce and Industry, Dunsborough Yallingup Chamber of Commerce and Industry, Geographe Bay Tourism Association and Conservation Association, Busselton Jetty Environment and Conservation Association and the City of Busselton.

 

OFFICER COMMENT

 

The Marketing and Events Reference Group has been established with representatives from the City of Busselton, local Chambers of Commerce, and the Geographe Bay Tourism Association and Busselton Jetty Environment and Conservation Association.  A Terms of Reference guides the operations of the Group and an Events Sponsorship Programme has been developed. 

 

Supporting the development and attraction of new events throughout the year, the Events Sponsorship Programme promotes the City of Busselton as an attractive host and event tourism destination for a range of events.  The City, through the programme has attracted exciting new events to boost the local economy through event tourism.

 

In 2013/2014, the City increased its number of major events from 61 to 83. Since the start of the 2014/15 financial year, 125 major events have been registered with the City.  This represents an increase of 50% this financial year.

 

Events Sponsorship Programme – Round 1

 

Applications were received for Round 1 of the Events Sponsorship Programme.  A total of six multi-year and fifteen single year applications were received with funding requests totalling $196.2k for 2015/2016 and $101k for 2016/2017 (see Table 1).  Recommendations for the sponsorship of individual events will promote Busselton as a cultural and iconic sporting event destination. 

 

The six multiyear applications have all been recommended for multi-year funding totalling $78k in 2015/2016 and $76k in 2016/2017.

 

In addition, six of the fifteen single year applications for events are recommended to be funded for one year in 2015/2016, totalling $18k. All events are to be funded from the Differential Rate Events budget:

 

Table 1

Multi-Year Event Funding (2015/16-2016/17)

Request

MERG Recommendation

Ironman WA Busselton (Volunteer Program)

2015/2016:  $37,500

2016/2017:  $37,500

 

2015/2016: $17,500^*

2016/2017: $17,500^*

 

South West Mud Fest

2015/2016:  $7,500

2016/2017:  $7,500

 

2015/2016:  $7,500*

2016/2017:  $7,500*

 

City of Busselton Triathlon

2015/2016:  $15,000

2016/2017:  $15,000

 

2015/2016:  $15,000*

2016/2017:  $15,000*

 

RAC Pedal Prix

2015/2016:  $25,000

2016/2017:  $30,000

 

2015/2016:  $25,000*

2016/2017:  $25,000*

 

Margaret River Open Studios

2015/2016:  $10,000

2016/2017:  $10,000

 

2015/2016:  $5,000*

2016/2017:  $5,000*

 

City of Busselton Vineyards Challenge

2015/2016:  $8,000

2016/2017:  $6,000

 

2015/2016:  $8,000*

2016/2017:  $6,000*

 

TOTAL MULTIYEAR 2015/16

$103,000

$78,000

TOTAL MULTIYEAR 2016/17

$101,000

$76,000

 

 

 

Single Year Event Funding (2015/16)

Request

MERG Recommendation

CinefestOz Volunteer Program

$10,000

$0

Open Tennis Tournament

$2,000

$0

2016 Sandgroper Street Rod Nationals

$5,000

$5,000*

South West Bush Poets Festivals

$5,000

$2,500*

Junior Tennis Tournament

$2,000

$0

West Cape Classis – Tarmac Rally

$5,000

$0

Busselton Jetty Paddle

$10,000

$2,500*

2016 WA State Laser Championships

$7,500

$2,500*

Portraits of the Jetty Photo Competition

$5,000

$0

City of Busselton Youth Events

$8,500

$0

Harley Owners Group State Rally 2016

$2,500

$2,500*

Busselton Spring Jumping Event

$4,000

$0

Busselton Winter Jumping Event

$5,500

$3,000*

Busselton Wildflower Exhibition 90th Celebration

$1,234

$0

Happs Flavour of Spring/Autumn

$20,000

$0

TOTAL SINGLE YEAR

$93,234

$18,000

 

 

 

 

All events are to be funded on the condition that ten (10) high resolution images are provided electronically, without copyright, (in formats as agreed) to the City of Busselton for its own promotional purposes.

 

* Funded on the condition that two (2) minutes of high quality, edited video footage be provided electronically, without copyright, (in formats as agreed) to the City of Busselton for its own promotional purposes;

                                                                                                                         

^ That the organiser officially recognises each individual volunteer and City of Busselton has an appropriate size logo on the event volunteer T Shirt.

 

~ subject to formally recognising the volunteer and City of Busselton contributions.

 

CONCLUSION

 

The Marketing and Events Reference Group (MERG) has been assigned by Council to make recommendations on the way in which funds raised through the Industrial and Commercial Differential Rate for the purposes of events and marketing are allocated.  This report contains the recommendations made at the May 2015 meeting, which if endorsed by Council, will result in the continuation of high quality events being held within the region, supported by successful marketing promotions.  All recommendations support Council’s vision of being recognised as the ‘Events Capital WA.’

 

OPTIONS

 

Council may choose to disagree with the recommendations made by the Marketing and Events Reference Group and resolve not to endorse part or all of the recommendations.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Following Council’s decision, the outcomes will be communicated to all members of the Marketing and Events Reference Group and relevant event organisers for their information and implemented where required.

 

OFFICER RECOMMENDATION

 

That Council;

 

1.    As part of the Events Sponsorship Programme, endorses the funding allocation towards the following events, to be funded through the 2015/16 Differential Rate Events budget:

 

Multi-Year Event Funding (2015/16-2016/17)

Funding

Ironman WA Busselton (Volunteer Program)

2015/2016: $17,500^*

2016/2017: $17,500^*

 

South West Mud Fest

2015/2016:  $7,500*

2016/2017:  $7,500*

 

City of Busselton Triathlon

2015/2016:  $15,000*

2016/2017:  $15,000*

 

RAC Pedal Prix

2015/2016:  $25,000*

2016/2017:  $25,000*

 

Margaret River Open Studios

2015/2016:  $5,000*

2016/2017:  $5,000*

 

City of Busselton Vineyards Challenge

2015/2016:  $8,000*

2016/2017:  $6,000*

 

TOTAL MULTI-YEAR 2015/16

$78,000

TOTAL MULTI-YEAR 2016/17

$76,000

 

 

Single Year Event Funding (2015/16)

Funding

CinefestOz Volunteer Program

$0

Open Tennis Tournament

$0

2016 Sandgroper Street Rod Nationals

$5,000*

South West Bush Poets Festivals

$2,500

Junior Tennis Tournament

$0

West Cape Classis – Tarmac Rally

$0

Busselton Jetty Paddle

$2,500*

2016 WA State Laser Championships

$2,500*

Portraits of the Jetty Photo Competition

$0

City of Busselton Youth Events

$0

Harley Owners Group State Rally 2016

$2,500*

Busselton Spring Jumping Event

$0

Busselton Winter Jumping Event

$3,000*

Busselton Wildflower Exhibition 90th Celebration

$0

Happs Flavour of Spring/Autumn

$0

TOTAL SINGLE YEAR

$18,000

 

All events are to be funded on the condition that ten (10) high resolution images be provided electronically, without copyright, (in formats as agreed) to the City of Busselton for its own promotional purposes.

 

* Funded on the condition that two (2) minutes of high quality, edited video footage be provided electronically, without copyright, (in formats as agreed) to the City of Busselton for its own promotional purposes;

                                                                                                                         

^ That the organiser officially recognises each individual volunteer and City of Busselton has an appropriate size logo on the event volunteer T Shirt.

 

~ subject to formally recognising the volunteer and City of Busselton contributions.

 

2.    Allocates $50k towards the 2016 Jazz by the Bay festival, to be funded from the 2015/2016   Differential Rates Event Budget.

3.    Allocates $30k towards the 2016 Busselton Fringe Festival, to be funded from the 2015/2016 Differential Rates Event Budget.

 

Note: Councillor Bennett foreshadowed his intention to move an Alternative Motion for Council to consider the Officer Recommendation with the exception of the CinefestOz event to enable Council to provide further consideration of the sponsorship application at the Ordinary Meeting on 8 July 2015.


 

Council Decision

C1506/179              Moved Councillor R Bennett, seconded Councillor J McCallum

 

That Council;

 

1.    As part of the Events Sponsorship Programme, endorses the funding allocation towards the following events, to be funded through the 2015/16 Differential Rate Events budget:

 

Multi-Year Event Funding (2015/16-2016/17)

Funding

Ironman WA Busselton (Volunteer Program)

2015/2016: $17,500^*

2016/2017: $17,500^*

 

South West Mud Fest

2015/2016:  $7,500*

2016/2017:  $7,500*

 

City of Busselton Triathlon

2015/2016:  $15,000*

2016/2017:  $15,000*

 

RAC Pedal Prix

2015/2016:  $25,000*

2016/2017:  $25,000*

 

Margaret River Open Studios

2015/2016:  $5,000*

2016/2017:  $5,000*

 

City of Busselton Vineyards Challenge

2015/2016:  $8,000*

2016/2017:  $6,000*

 

TOTAL MULTI-YEAR 2015/16

$78,000

TOTAL MULTI-YEAR 2016/17

$76,000

 

 

Single Year Event Funding (2015/16)

Funding

Open Tennis Tournament

$0

2016 Sandgroper Street Rod Nationals

$5,000*

South West Bush Poets Festivals

$2,500

Junior Tennis Tournament

$0

West Cape Classis – Tarmac Rally

$0

Busselton Jetty Paddle

$2,500*

2016 WA State Laser Championships

$2,500*

Portraits of the Jetty Photo Competition

$0

City of Busselton Youth Events

$0

Harley Owners Group State Rally 2016

$2,500*

Busselton Spring Jumping Event

$0

Busselton Winter Jumping Event

$3,000*

Busselton Wildflower Exhibition 90th Celebration

$0

Happs Flavour of Spring/Autumn

$0

TOTAL SINGLE YEAR

$18,000

 

All events are to be funded on the condition that ten (10) high resolution images be provided electronically, without copyright, (in formats as agreed) to the City of Busselton for its own promotional purposes.

 

* Funded on the condition that two (2) minutes of high quality, edited video footage be provided electronically, without copyright, (in formats as agreed) to the City of Busselton for its own promotional purposes;

                                                                                                                         

^ That the organiser officially recognises each individual volunteer and City of Busselton has an appropriate size logo on the event volunteer T Shirt.

 

~ subject to formally recognising the volunteer and City of Busselton contributions.

 

2.    Allocates $50k towards the 2016 Jazz by the Bay festival, to be funded from the 2015/2016   Differential Rates Event Budget.

 

3.    Allocates $30k towards the 2016 Busselton Fringe Festival, to be funded from the 2015/2016 Differential Rates Event Budget.

 

4.    Considers the CinefestOz event sponsorship application of $10,000 to assist with the volunteer program at the Ordinary Meeting of 8 July 2015.

 

CARRIED 8/0

  


Council                                                                                      85                                                                      24 June 2015

15.2           OUTCOMES OF A SPECIAL MEETING OF ELECTORS REQUESTING THAT A REFERENDUM BE HELD ON THE FUTURE OF THE NAUTICAL LADY

SUBJECT INDEX:

Busselton Foreshore Redevelopment: Commercial Sites

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Support

REPORTING OFFICER:

Manager, Governance Services - Lynley Rich

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Minutes of a Special Meeting of Electors held on 22 June 2015  

  

This report was presented for consideration as a Late Item as having conducted the Special Meeting of Electors on 22 June 2015, the Acting Mayor advised that the decision made at the meeting would be considered by Council at the next Ordinary meeting.

 

Councillors in attendance indicated their willingness to consider the Item, and the Presiding Member approved consideration of the Item.

 

Note: Following the acceptance of the Late Item for consideration by the Council, the Presiding Member asked whether there were members of the public who wished to address Council as a Party with an Interest or ask any questions.

 

PUBLIC QUESTION TIME

 

Mr Bill Gillbard asked the Chief Executive Officer why today, at the eleventh hour, he confirmed with the Busselton-Dunsborough Mail that the occupancy of the  microbrewery was subject to the removal of the Nautical Lady.

 

Response, Chief Executive Officer:

The Chief Executive Officer responded by seeking clarification from the member of the press who wrote the article as  he was not aware that a comment had been made to the press at the eleventh hour. The member of the press advised that the article had been written based on a conversation that occurred in the Council Chambers the week before at the Community Access Session the prior week as a result of a similar question being asked in relation to this matter.

Presentations

Mr David Couch addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Late Item 15.2. Mr Couch was in support of the Council carrying out a referendum.

 

Miss Jocelyn Elphick addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Late Item 15.2. Miss Elphick was in support of the Council carrying out a referendum.

 

             Mr Michael Gent addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Late Item 15.2. Mr Gent was in support of the Council carrying out a referendum.

 

Mr Donald Henderson addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Late Item 15.2. Mr Henderson was in support of the Council carrying out a referendum.

 

Mr Richard Pennington addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Late Item 15.2. Mr Pennigton was not in support of the Council carrying out a referendum.

 

Mrs Jenny Couch addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Late Item 15.2. Mrs Couch was in support of the Council carrying out a referendum.

 

Mr Neville Wheatley addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Late Item 15.2. Mr Wheatley was in support of the Council carrying out a referendum.

 

Mr David Trescuri addressed Council in accordance with Section 6.1 of the Standing Orders as a party with an interest in Late Item 15.2. Mr Trescuri was in support of the Council carrying out a referendum.

 

PRÉCIS

 

A request for a Special Meeting of Electors signed by more than 100 people was received at the City of Busselton on 2 June, 2015.  In accordance with the provisions of the Local Government Act 1995 the City was required to convene the requested electors’ meeting, which was held on Monday, 22 June, 2015.  The meeting was convened on the basis that the signatories wanted a motion considered that “No work to demolish the Nautical Lady tower be undertaken until such time as a referendum is carried out on the future of the Nautical Lady”.

 

At that meeting the motion moved was carried by a majority of those in attendance and therefore the Council is required to consider the outcomes of the meeting and to give reasons for any decisions it makes in response.  The Council is requested to consider whether or not to hold a referendum on the future of the Nautical Lady.

 

 

BACKGROUND

 

A decision made to remove the Nautical Lady to allow for the continued development of the Busselton Foreshore in accordance with the Master Plan and Development Guide Plan was reaffirmed by the Council at its meeting on 28 January, 2015 after considering a petition to retain it.  The Council resolved that the tower does not reflect the character and amenity that the City is endeavouring to achieve with the redevelopment of the Busselton Foreshore in accordance with the adopted Busselton Foreshore Master Plan and the subsequent Development Guide Plan approved by the Western Australian Planning Commission.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 5.28 of the Local Government Act 1995 a Special Meeting of the Electors of the district is to be held on the request of not less than 100 electors.  Having received such a request, the Council had 35 days within which it was required to convene that meeting after giving the minimum 14 days’ notice required.   The meeting was held on Monday, 22 June, 2015.

 

Having conducted the meeting, the Council is now required to observe the provisions of Section 5.33 of the Act relating to decisions made at Electors’ meetings.  All decisions made at an Electors’ meeting are to be considered at the next ordinary Council meeting, or if that is not practicable, the first meeting after that or a Special meeting.  Attendees at the Electors’ meeting were advised that the matter would be considered for acceptance as a late item at the next ordinary Council meeting on 24 June, 2015.

 

Further, Section 5.33 of the Act requires that if at a meeting of the Council the local government makes a decision in response to a decision made at an Electors’ meeting, the reasons for the decision are to be recorded in the minutes of the Council meeting.

 

In accordance with Local Government (Elections) Regulation 89 a local government can conduct a poll or referendum in such manner as it considers appropriate if the poll or referendum is not held in conjunction with an election and voting at the poll or referendum is not confined to electors.

 

RELEVANT PLANS AND POLICIES

 

The Busselton Foreshore Concept Plan, Master Plan and Development Guide Plan.

 

The Council originally endorsed the Busselton Foreshore Concept Plan at its meeting on 8 September 2010 which did not depict the Nautical Lady, but noted it may be retained subject to acquisition of the lease site and significant remodelling.  The retention or otherwise would be determined by the Council after negotiation with the lessee.

 

While some iterations of the Master Plan depicted the Nautical Lady for this reason, the modified Busselton Foreshore Master Plan was adopted by the Council on 9 July 2014 after the City had completed negotiations with the previous lessee and had exhausted avenues for a commercial tenant.  The modified plan depicts a rationalised open space area on the foreshore with cafe space setback from the foreshore and consolidated at the corner of Stanley Street and the proposed east-west spine road.   

 

The Busselton Foreshore Development Guide Plan (DGP) provides the statutory framework for development on the foreshore.  It was adopted by the City of Busselton on 9 July 2014 and endorsed by the Western Australian Planning Commission on 11 November 2014. 

 

The DGP depicts the site of the Nautical Lady as undeveloped space within the Busselton Jetty Precinct. The purpose of the site is to facilitate the provision of high quality open space and amenities to complement activities on the foreshore. 

 

As stated in the Busselton Foreshore Development Guide Plan, “the Busselton Jetty precinct is a key movement corridor to Marine Terrace and an extension of the original railway line along Stanley Street into the town centre. It will contain interpretive and restaurant functions including ‘Railway House’, an interpretive centre for the Busselton Jetty, the local historic rail network and the south west timber industry. This precinct will provide a pedestrian focused environment, maximum activation of spaces, and retain views of the foreshore and jetty.”

 

FINANCIAL IMPLICATIONS

 

This report presents a range of options which all have varying financial implications.  A preliminary financial assessment of the various options is therefore provided.

 

Proceed with a poll/referendum conducted by the City of Busselton (with an independent returning officer)

 

This City is still proceeding to ascertain the costs associated with this option.  However, it is believed that it can be undertaken below the cost quoted by the Electoral Commission for a stand-alone referendum (not in conjunction with the Ordinary Election) of $55,000.  However, it is likely to still cost at least $40,000 to $45,000 inclusive of developing for and against arguments and staff time.  There is no current provision on the draft budget for this to occur.

 


 

Proceed with a referendum conducted by the Electoral Commission in conjunction with the Ordinary Election in October 

 

The direct costs of the Electoral Commission conducting the referendum in conjunction with the Ordinary Election would be $7,000.  However, there would also be approximately $5,000 required for an independent development of the required for and against arguments and approximately $2,000 for additional staff preparation and the counting of votes on Election evening.  There is no current provision on the draft budget for this to occur.

 

Do not proceed with a referendum

 

There are no direct financial implications arising from this course of action, noting that the demolition of the Nautical Lady is already budgeted for.  Whether or not a referendum is held, this sum may still ultimately be required.

 

Long-term Financial Plan Implications

 

Should the Council decision be to hold a referendum and subsequently the Council resolves to retain the Nautical Lady, it must be noted that there has not been any consideration in the City’s long-term financial plan for the provision of the lift that would need to be installed due to statutory Universal Access requirements, nor the ongoing maintenance of the tower.  This would need to be addressed by reassessing other priorities identified through the City’s Strategic Community Plan and Corporate Business Plan, or by increasing rates.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

Risk

Controls

Consequence

Likelihood

Risk Level

Community perception that the Council has not heard the request put forward at the meeting if the referendum does not proceed

Use various communication  mediums to explain the Council’s decision

Minor

Likely

Medium

Community perception that the Council is not committed to the vision that has been articulated through the master plan and DGP following significant consultation if the referendum proceeds

Use various communication  mediums to explain the Council’s decision

Minor

Likely

Medium

 

CONSULTATION

 

This report has been presented as a result of a decision that was made at a Special Meeting of Electors attended by approximately 430 people.  Approximately 225 people voted in favour of a referendum being held and approximately 200 people voted against this course of action.  Therefore, the decision of the meeting of electors, which must be considered by the Council, was:

”No work to demolish the Nautical Lady tower be undertaken until such time as a referendum is carried out on the future of the Nautical Lady”.

Additionally, since the receipt of the request for the Electors’ meeting and prior to the meeting being conducted on Monday, 22 June, 2015, 49 submissions were received by the City, many of which identified an inability to attend the meeting but all putting forward views on whether or not a referendum should be undertaken.  An assessment of the submissions received prior to the meeting indicates there were 9 people in favour of a referendum being undertaken and 40 people against this course of action.

 

OFFICER COMMENT

 

Officers have identified three potential courses of action in response to the decision made at the Electors’ meeting that no work to demolish the Nautical Lady tower be undertaken until such time as a referendum is carried out on the future of the Nautical Lady.  The three options are presented with some of the pros and cons for each course of action that the Council may consider in reaching a decision on whether or not to proceed to a referendum.

 

Proceed with a poll/referendum conducted by the City of Busselton (with an independent returning officer)

 

The City of Busselton, with an independent returning officer, could conduct a poll or referendum itself in any manner it considers appropriate, as long as it is not held in conjunction with an election and is not confined to electors.  Advice from the Department of Local Government has confirmed that the City could meet the requirement to not confine the poll or referendum to electors by not preventing residents who are not on the electoral roll, for example those that for some reason are not enrolled to vote or are not Australian Citizens, from participating.

 

Pros

Cons

If a referendum is desired, it is the quicker option

Community perception that the Council is not committed to the vision that has been articulated through the master plan and DGP following significant consultation

Community perception that the Council has not heard the request put forward at the meeting is removed

While the foreshore is, the tower itself is not a significant strategic initiative for the Council and is not a topic on which a referendum would ordinarily be conducted


The ordinary election can be conducted after the decision on the Nautical Lady has been made

 

May provide a clearer picture as to whether there is more support for retention or demolition

 

 

If this course of action is adopted, the decision on whether or not the Nautical Lady is demolished would be made by the Council after the outcomes of the referendum are known.

 

Proceed with a referendum conducted by the Electoral Commission in conjunction with the Ordinary Election in October

 

The additional costs incurred by the City to have the Electoral Commission conduct the referendum in conjunction with the Ordinary Election would be $7,000.  This does not however take into account the costs associated with developing the required balanced for and against arguments or the staff costs associated with the additional preparations and conducting the count.

 

Pros

Cons

If a referendum is desired, it is the cheaper option

Community perception that the Council is not committed to the vision that has been articulated through the master plan and DGP following significant consultation

Community perception that the Council has not heard the request put forward at the meeting is removed

Potential for single issue electioneering dominating the campaign and for significant impact on the voting patterns

May provide a clearer picture as to whether there is more support for retention or demolition

Several months of prolonged uncertainty for the community

 

While the foreshore is, the tower itself is not a significant strategic initiative for the Council and is not a topic on which a referendum would ordinarily be conducted

 

Potential for the views of newly elected Councillors and the outcomes of the referendum to be at odds with each other

 

If this course of action is adopted, the decision on whether or not the Nautical Lady is demolished would be made by the Council after the outcomes of the referendum are known.

 

Do not proceed with a referendum

 

Pros

Cons

Community perception that the Council is not committed to the vision that has been articulated through the master plan and DGP following significant consultation is removed

Community perception that the Council has not heard the request put forward at the meeting

Uncertainty is removed

There may be more support in the community for the Nautical Lady’s retention than is perceived 

The Council can demonstrate decisive leadership and immediately proceed to deliver the vision in the master plan

 

While the foreshore is, the tower itself is not a significant strategic initiative for the Council and is not a topic on which a referendum would ordinarily be conducted.  The elected members would be exercising their responsibility to make a decision on the community’s behalf after considering all aspects of the decision, not just the outcomes of a single consultative process

 

 

If this course of action is adopted the status quo would remain and the planned demolition of the tower would proceed in accordance with Council’s previous decisions.

 

While a fourth option may have been to proceed to a referendum conducted by the Electoral Commission immediately, it is considered that this course of action has many of the same cons as waiting until the October election for the Electoral Commission to conduct the referendum, but at a substantially higher cost.  This is due to the statutory notice requirements for a referendum conducted by the Commission meaning that it would need to be conducted in the lead up to the opening of nominations for the October election.  It has therefore not been considered as an option at this time given that the City could conduct the same referendum in a shorter timeframe due to the exemptions in Regulation 89 of the Local Government (Elections) Regulations 1997. 

It is noted that there is potential for the time and financial investment in a referendum to result in a similarly unclear outcome as to the community’s preference in relation to this matter and therefore there would continue to be no clear mandate.  It is however also noted that if a referendum is desired, it would be preferable from the perspective of ensuring good governance that it is undertaken separately from the election.  Where single issues have the potential of dominating election campaigns, it is considered that there is a risk of some candidates becoming disenfranchised with local government process and higher potential for extraordinary elections to be required in the future.

 

CONCLUSION

 

The Council is requested to consider the motion that was carried at the Electors’ meeting ”No work to demolish the Nautical Lady tower be undertaken until such time as a referendum is carried out on the future of the Nautical Lady”, and to determine the appropriate course of action from the options provided.  Any decision made by the Council will need to be accompanied by its reasons for the decision for recording in the minutes, in accordance with the requirements of the Local Government Act 1995.

 

OPTIONS

 

1.      Proceed with a poll/referendum conducted by the City of Busselton.

2.      Proceed with a referendum conducted by the Electoral Commission in conjunction with the Ordinary Election.

3.      Do not proceed with a referendum.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Not applicable.

 

OFFICER RECOMMENDATION

 

1.    That the Council receives the minutes and notes the outcomes of the Special Meeting of Electors conducted on 22 June, 2015 and makes a decision as to whether it wishes to (select one):

a.    proceed to a referendum conducted by the local government; or

b.    proceed to a referendum conducted by the Electoral Commission in conjunction with the Ordinary Election in October; or

c.     not proceed to referendum.

 

2.    That the Council provides its reasons for that decision.

 

Note: Councillor Green foreshadowed her intention to move a Motion for Council to receive the minutes and note the outcomes of  the Special Meeting of Electors and not proceed to referendum.

Council Decision

C1506/180              Moved Councillor J Green, seconded Councillor J McCallum

 

That the Council receives the minutes and notes the outcomes of the Special Meeting of Electors conducted on 22 June, 2015 and not proceed to referendum.

CARRIED 8/0

 

Reason:

The Council believes that the tower does not reflect the character and amenity that the City is endeavouring to achieve with the redevelopment of the Busselton Foreshore in accordance with the adopted Busselton Foreshore Master Plan and the Development Guide Plan approved by the Western Australian Planning Commission.


Council                                                                                      91                                                                      24 June 2015

15.             Motions of which Previous Notice has been Given

Nil  

16.             Confidential Reports  

Nil

17.             Public Question Time

Ms Glenys Cope asked if the Councillors were aware that she organised the petition and not David Couch.

 

No response was provided as this was a statement of fact.

 

Ms Glenys Cope asked whether an engineer’s report existed which states that the Nautical Lady tower is dangerous.

 

Response, Presiding Member:

Cr Henley advised Ms Cope that the City had never stated that such a report existed.

 

Mr Neville Wheatley asked who pays for the upkeep of the Busselton Jetty.

 

Response, Presiding Member:

Cr Henley informed Mr Wheatley that the Jetty Maintenance Reserve, which was established by the City, is contributed to by the Busselton Jetty Environment and Conservation Association and all foreshore commercial lease holders.

18.             Next Meeting Date

Wednesday, 8 July 2015

19.             Closure

The meeting closed at 7.05pm.

 

 

 

 

 

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 91 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 8 July 2015.

 

 

DATE:_________________              PRESIDING MEMBER:             _________________________